This case has been cited 1 times or more.
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2016-01-20 |
BERSAMIN, J. |
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| In Civil Case No. 09-122116, the respondent expressly admitted paragraphs no. 2, 3, 4, 5, 9 and 10 of the complaint. The admission related to the petitioner's allegations on: (a) the four transactions for the delivery and installation of various hospital equipment; (b) the total liability of the respondent; (c) the payments made by the respondents; (d) the balance still due to the petitioner; and (e) the execution of the February 11, 2009 agreement. The admission of the various agreements, especially the February 11, 2009 agreement, significantly admitted the petitioner's complaint. To recall, the petitioner's cause of action was based on the February 1 1, 2009 agreement, which was the actionable document in the case. The complaint properly alleged the substance of the February 11, 2009 agreement, and contained a copy thereof as an annex. Upon the express admission of the genuineness and due execution of the February 11, 2009 agreement, judgment on the pleadings became proper.[33] As held in Santos v. Alcazar:[34] | |||||