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Development Bank of the Philippines vs. Honorable Court of Appeals, et al.

DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner, versus HONORABLE COURT OF APPEALS and ROSALINDA CANADALLA-GO, represented by her Attorney-in-fact BENITO A. CANADALLA, Respondents.

G.R. No. 153034 | 2005-09-20

FIRST DIVISION

D E C I S I O N 

DAVIDE, JR., CJ.: 

Once again, we are confronted with the issue of whether matters requested to be admitted under Rule 26 of the Rules of Court - which are mere reiterations of the allegations in the complaint and are specifically denied in the answer - may be deemed impliedly admitted on the ground that the response thereto is not under oath. 

The controversy stemmed in January 1977 when Irene Canadalla obtained a loan of P100,000 from petitioner Development Bank of the Philippines (DBP) for purposes of financing her piggery business. As security, Canadalla executed on 19 January 1977 a Deed of...