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SUPREMECOURTREPORTSANNOTATEDVOLUME726
ASIAN
CONSTRUCTION
AND
DEVELOPMENT
CORPORATION, petitioner, vs. SANNAEDLE CO., LTD.,
respondent.
Remedial Law Civil Procedure Judgments Judgment on the
Pleadings Judgment on the pleadings is proper when an answer
fails to tender an issue, or otherwise admits the material
allegations of the adverse partys pleading.Judgment on the
pleadings is proper when an answer fails to tender an issue, or
otherwise admits the material allegations of the adverse partys
pleading. An answer fails to tender an issue if it does not comply
with the requirements of a specific denial as set out in Sections 8
and 10, Rule 8 of the 1997
_______________
*THIRD DIVISION.
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Thereafter,
petitioner
filed
its
Answer
with
4
Counterclaim.
Respondent then moved for judgment on the pleadings
on the ground that the Answer admitted all material
allegations of the Complaint and, therefore, failed to tender
an issue. Thus, respondent deems that petitioners Answer,
in effect, admitted the existence of the Memorandum of
Agreement and its failure to pay the balance despite
repeated demands.
In a Judgment5 dated October 6, 2000, the Regional
Trial Court (RTC) of Makati City rendered judgment in
favor of respondent. Pertinent portions of said decision
read:
In claiming that the Answer of the [petitioner] failed to tender
an issue, [respondent] argued that the present action is for
collection of the amount of US$615,620.33 with interest at the
rate of 12% per annum, which amount represents the balance of
the payment under the Memorandum of Agreement, Annex B of
the Complaint entered into between [respondent] and [petitioner]
which was not denied in the Answer. [Respondent] further
claimed that in a letter dated February 2, 2000, Annex C of the
Complaint, it demanded payment of the said amount of
US$615,620.33 and in reply thereto, [petitioner] stated in part
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7 Id., at p. 103.
8 Id., at p. 113.
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