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    Actionable Document

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    jaypunzalan
    An actionable document is a written instrument that an action or defense is based upon. It can be pleaded by either setting forth the substance of the document in the pleading and attaching it, or by setting forth the document verbatim. Under Section 7 of Rule 8, whenever an action or defense is based on a written document, the substance or copy must be included in the pleading. To deny the genuineness or due execution of an actionable document, the responsive pleading must specifically deny it under oath and state what is claimed to be true.

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    Actionable Document

    Uploaded by

    jaypunzalan
    1K views2 pages
    An actionable document is a written instrument that an action or defense is based upon. It can be pleaded by either setting forth the substance of the document in the pleading and attaching it, or by setting forth the document verbatim. Under Section 7 of Rule 8, whenever an action or defense is based on a written document, the substance or copy must be included in the pleading. To deny the genuineness or due execution of an actionable document, the responsive pleading must specifically deny it under oath and state what is claimed to be true.

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    An actionable document is a written instrument that an action or defense is based upon. It can be pleaded by either setting forth the substance of the document in the pleading and attaching it, or by setting forth the document verbatim. Under Section 7 of Rule 8, whenever an action or defense is based on a written document, the substance or copy must be included in the pleading. To deny the genuineness or due execution of an actionable document, the responsive pleading must specifically deny it under oath and state what is claimed to be true.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Actionable Document

    Uploaded by

    jaypunzalan
    An actionable document is a written instrument that an action or defense is based upon. It can be pleaded by either setting forth the substance of the document in the pleading and attaching it, or by setting forth the document verbatim. Under Section 7 of Rule 8, whenever an action or defense is based on a written document, the substance or copy must be included in the pleading. To deny the genuineness or due execution of an actionable document, the responsive pleading must specifically deny it under oath and state what is claimed to be true.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Actionable Document

    An “actionable document” is a written instrument or document on which


    an action or defense is founded. It may be pleaded in either of two ways:

    (1) by setting forth the substance of such document in the pleading


    and attaching the document thereto as an annex, or

    (2) by setting forth said document verbatim in the pleading.

    The relevant rule on actionable documents is Section 7, Rule 8 of the


    Rules of Court which provides:

    Section 7. Action or defense based on document. – Whenever an action


    or defense is based upon a written instrument or document, the
    substance of such instrument or document shall be set forth in the
    pleading, and the original or a copy thereof shall be attached to the
    pleading as an exhibit, which shall be deemed to be a part of the
    pleading, or said copy may with like effect be set forth in the
    pleading.

    xxx

    Accordingly, under Sec 8 of Rule 8, to deny the genuineness and due


    execution of an actionable document:

    (1) there must be a specific denial in the responsive pleading of the


    adverse party;

    (2) the said pleading must be under oath; and

    (3) the adverse party must set forth what he claims to be the facts.

    SEC. 8. How to contest genuineness of such documents. — When an


    action or defense is founded upon a written instrument, copied in
    or attached to the corresponding pleading as provided in the
    preceding section, the genuineness and due execution of the
    instrument shall be deemed admitted unless the adverse party,
    under oath, specifically denies them, and sets forth what he claims
    to be the facts; but this provision does not apply when the adverse
    party does not appear to be a party to the instrument or when
    compliance with an order for an inspection of the original
    instrument is refused.

    xxx

    Based on the foregoing provision, a document is actionable when an action


    or defense is grounded upon such written instrument or document. In the
    instant case, the Charge Invoices[28] are not actionable documents per se
    as these “only provide details on the alleged transactions.” [29] These
    documents need not be attached to or stated in the complaint as these are
    evidentiary in nature.[30] In fact, respondent’s cause of action is not based
    on these documents but on the contract of sale between the parties.

    Asian Construction v Mendoza GR 176949 (2012)

    xxx
    Exception to: when the adverse party does not appear to be a party
    to the instrument

    The records show that the deeds of sale are actionable documents.

    Jurisprudence has centered mainly on a discussion of actionable


    documents as basis of a plaintiff's cause of action. Little has been
    said of actionable documents being the foundation of a defense.
    The Rule, however, covers both an action or a defense based on
    documents.

    The deed of sale executed by Dionisio Toribio in favor of the


    respondents, by itself, would be insufficient to establish a defense
    against the petitioners' claims. If the petitioners deny that they
    ever sold their shares in the inherited lot to their brother Dionisio, a
    failure to prove the sale would be decisive. For if it can be shown
    that no conveyance of the property was executed by the
    petitioners, then Dionisio Toribio had no right to convey what did
    not belong to him. The respondents could acquire only the rights
    that Dionisio had over the disputed property. The genuineness and
    due execution of the deed between the co-heirs is also elemental to
    the defense of the respondents. The first deeds of sale, to which
    the respondents were not parties but which they seek to enforce
    against the parties are also actionable documents.

    Toribio vs. Bidin, 96 SCRA 361, February 28, 1980

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