Remedial Law, 2018 Bar — Question VI-A

ESSAY

Daribell Inc. (Daribell) filed a complaint for sum of money and damages against spouses Dake and Donna Demapilis for unpaid purchases of construction materials in the sum of Php 250,000. In their answer, spouses Demapilis admitted the purchases from Daribell, but alleged that they could not remember the exact amount since no copies of the documents were attached to the complaint. They nevertheless claim that they made previous payments in the amounts of Php 110,000 and Php 20,000 and that they were willing to pay the balance of their indebtedness after account verification. In a written manifestation, spouses Demapilis states that, in order to buy peace, they were willing to pay the sum of Php 250,000 but without interests and costs. Subsequently, Daribell filed a motion for partial summary judgment. Thereafter, Daribell filed an amended complaint, alleging that the total purchases of construction materials were Php 280,000 and only Php 20,000 had been paid. Daribell also served upon the spouses Demapilis a request for admission asking them to admit to the genuineness of the statement of accounts, delivery receipts and invoices, as well as to the value of the principal obligation and the amount paid as stated in the amended complaint. Daribell thereafter amended the complaint anew. The amendment modified the period covered and confirmed the partial payment of Php 110,000 but alleged that this payment was applied to the spouses’ other existing obligations. Daribell however reiterated that the principal amount remained unchanged. Is the request for admission deemed abandoned or withdrawn by the filing of the second amended complaint?

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