SALVADOR D.

BRIBONERIA
v.
COURT OF APPEALS,
GERTRUDES B. MAG-ISA, married to and assisted by PEDRO MAG-
ISA

FACTS:

A complaint was filed by petitioner for annulment of a sale made by the

petitioner’s wife to Respondent without Petitioner’s consent. Petitioner
Salvador served a Request for Admission which was answered by Respondent
alleging that most of the matters in the request had been admitted, denied or
clarified in their verified answer and that all other matters were irrelevant.

ISSUE:

Whether or not the material facts in the request for admission are relevant.

HELD:

Section 1, Rule 26 of the Rules of Court provides that a request for admission
must be served directly upon the party; otherwise, the party to whom the
request is directed cannot be deemed to have admitted the genuineness of any
relevant document in and exhibited with the request or relevant matters of fact
set forth therein, on account of failure to answer the request for admission.
The instant case shows that the request for admission was not served to the
respondent but only upon her counsel. Therefore, Respondent cannot be
deemed to have admitted the facts and documents for having failed to file her
answer within the period fixed in the request.