Galedo, Abegail P.

170. Toribio v. Bidin

PETITIONER : SEGUNDINO TORIBIO

RESPONDENT : HON. JUDGE BIDIN
DATE : January 17, 1985
PONENTE : Gutierrez, J.
TOPIC : Rule 8

FACTS:

 Engracio Francisco and Juliana Esteban were the registered owners of a parcel of land in
Zamboanga. They had 10 children who inherited the land and the property was subdivided
among the heirs.
 Justa one of the heirs dies and was survived by 8 children. Dionisio, one of the children of Justa,
sold his share to Juanito Camacho.
 Petitioners alleged that their shares had never been sold to others. They filed a case against
Camacho for recovery of hereditary rights.
 Defendant filed their answer alleging that the shares of petitioners had been sold.
 Petitioners alleged that this case falls under the exception to Sec. 8, Rule 8.

HELD:

 Sec 7 and 8 of Rule 8 apply. The proper procedure was for petitioners to deny under oath
genuiness and due execution of questioned deeds of sale and to set forth what they claim
to be the facts bur petitioners counsel’s oversight in not properly drafting a reply to answer
and answer to counterclaim is not fatal.
 The reason for the rule is to enable adverse party to know beforehand who will have to
meet the issue of genuiness or due execution of document during trial.