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“With the 2019 amendment, documents that are not actionable but material and relevant, and support the cause of action or defense of a party, must be alleged”
“To illustrate, in an action to enforce a written contract of lease, the lease contract is the basis of the action and therefore a copy thereof must either be set forth in the complaint or its substance must be recited therein, attaching either the original or a copy to the complaint.“Any letter or letters written by the lessee to the lessor or vice versa concerning the contract should not be set forth in the complaint.
This means “the substance set forth in the pleading, and the original or a copy thereof attached to the pleading as an exhibit then the genuineness and due execution thereof deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts…”
“If there was a written building or construction contract that was executed between BII and YBC, then that would be the actionable document because its terms and stipulations would spell out the rights and obligations of the parties.“YBC alleged it had accomplished works on the main contract amounting to P54,022,551.39, of which only P40,678,430 was paid by BII leaving a balance of P13,344,121.39.
Further, “ince BII does not appear to have taken part in the execution of the Accomplishment Billing, a verified specific denial of its genuineness and due execution is therefore unnecessary” .
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