1.

Distinguish procedural law from substantive law

- procedural law outlines the methods and processes by which one may sue another for the enforcement or protection
of his rights. It is substantive law which supplies the basis for the existence of the right itself.
2. Venue of ordinary Civil action
- the P will, inevitably, have to initially consider whether or not the action to be filed is a real action or a personal action.
- if the action is real (one that affects titile to, possession of, or any interest in real property), the saction shall be
commenced and tried in the place where the RP involved or a portion thereof is situated.
- if the action is personal, the action may be commenced and tried in the place where the the P resides or where the D
resides, or in case of a non-resident D, where he may be found, at the election of the P.
3. who is real party-in-interest?
- one who claims ownership of a right violated by the adverse party or the one who stands to be benefited or injured by
the judgment in the suit.
4. distinction of indispensable and necessary party
- the distinction is vital because where the party is indispensable, his joinder is compulsory. Without an indispensable
party, no final determination can be had of an action. On the contrary, the non-inclusion of a necessary party does not
prevent the court from proceeding with the action although, without such party, no complete relief may be accorded.
5. prescription of COA and conditions of COA:
a. Art 1144 of CC, actions upon a written contract, an obligation created by the law or a judgment, prescribe after 10 yrs
from the time the cause of action accrues.
b. Art 1147 actions for forcible entry, unlawful detainer and defamation must be commenced within 1 yr from the
accrual of the COA.
c. Condition precedent: an action for collection of sum of money, must be preceded by a demand to pay (a1169 of CC).
the debtor, as a rule, incur no delay unless there be a prior demand made by the creditor.
d. Unlawful detainer: action for UL upon the non-payment of rentals must, likewise, come only after a demand upon the
defendant to pay and vacate premises is made.
e. actions between members of the same family: there must be attempts to have the controversy settled and
compromised. It should appear from the verified complaint or petition that earnest effort towards compromise have
been made and that such efforts have been failed.
6. an action filed based on document, as when a collection suit is based upon a promissory note executed by
defendant and D may deny the PN.
- the D may deny the genuineness and due execution provided it be denied under oath because mere specific denial is
not sufficient; otherwise, the D would be deemed to have admitted the genuineness and due execution of the note.
7. Complaint must be dated; effect
- it must be dated and signed by the party or the counsel representing him. Signing is mandatory because unsigned
pleading produces no legal effect.
- when it is the counsel who signs the pleading, it constitutes a certificate by him that he has read the pleading; that to
the best of his knowledge, information, and belief, there are good grounds to support it; and that it is not interposed for
delay.
8. should pleadings be under oath, verified or accompanied by affidavit?
- GR: no. unless specifically mandated by the law or a particular rule.
-Ex: all pleadings in SP have to be verified. Petitions for CPM likewise be verified.
9. what is certificate of non-forum shopping?
- P or Principal P certifies, among others, that he has not commenced any action or filed any claim involving the same
issues pending in, or already resolved, in any other tribunal.
Note: complaints and other initiatory pleadings must contain CAFS.
10. what are provisional remedies provided by the rule?
a. P. Attachment
-Ex: collection of sum of money, the P may, at the commencement of action, apply for the issuance of writ of PA
of the D’s properties, if shown that D is about to depart from the Philippines.
b. P. Injunction
- Ex: action for FE, the P may ask for PMI to restore him in the possession of his land during pendency of the
case.
-Ex: damages against electric company which wrongly cut off the power supply. The P may ask the court to issue
a writ of PMI to restore power in the meantime.
c. receivership
d. replevin
e. support pendent lite
- Ex. Action for support where the resolution thereof may, possibly come after a protracted litigation, the P may
ask the court to order the D to give support to the P during pendency of the action.
11. Possible proceedings after the filing of the complaint:
a. Dismissal of the action by the Plaintiff
 BEFORE an answer is served or a Motion for SJ: mere filing of notice of dismissal. The dismissal is
without prejudice to its being refiled later, UNLESS otherwise stated in the notice of dismissal or
 when the refiling is barred by the two-dismissal rule. This matter is within the sole discretion of
the plaintiff.
 AFTER an anwer is served or a Motion for SJ: the P has to file motion to dismiss his complaint.
The granting or denial is now a matter addressed to sound judicial discretion.
- If the court allows dismissal of the complaint, only the complaint is dismissed. CC already
pleaded is not affected by the dismissal.
b. Amendment of the complaint

 Amendment is a matter of right if made BEFORE the other party has served a responsive pleading. Msut
be made only once.
 AFTER a responsive pleading has been served, amendment must be with leave of court. It may be
denied if intended for delay or no longer a matter of right. It becomes a matter of judicial discretion.
12. what if D cannot file an answer because of ambiguity in material allegations in the complaint?
- D is not under obligation to out rightly file an answer. The D may file motion for bill of particulars to clarify the
ambiguities and for him to file an intelligent answer.
- If the motion is granted, the party directed to submit a bill of particulars must comply with the order within 10 days
from notice.
13. Grounds for dismissal which the court will recognize on its own motion; reasons for the court to effect a motu propio
a. Lack of jurisdiction over the SM
b. litis pendencia
c. res judicata
d. prescription
14. what if the D fails to file an answer?
- failure to file an answer entitled the P to file motion to declare him in default. When he is declared in default, the D
loses his standing in court and the latter may proceed to render the judgment granting the P such relief as his complaint
may warrant UNLESS in its discretion, the court requires the P to submit evidence on his claim.
NOTE: A judgment rendered against a party declared in default shall not exceed or be different in kind from that
prayed for nor award unliquidated damages.
- A party declared in default shall be entitled to notice of subsequent proceedings and is accorded a relief from the order
of default. REMEDY:
A. at any time after notice and before judgment, file a motion to set aside the order of default.
B. The motion must show that his failure to answer was due to FAME and that he has a
M. Defense.
15. A default will not be issued in cases of:
a. Annulment of marriage
b. declaration of nullity of marriage
c legal separation
16. Rules on specific denials in the answer to a complaint
1. answer to the complaint must specifically deny the material averments in the complaint because material
averments not specifically denied are deemed admitted.
2. if answer admits the material averments in the complaint, the answer is deemed to have failed to tender
issue. Since no triable issue, a trial is completely unnecessary. (P may then file a motion for J on the pleadings)
17. Rules on pretrial:
1. After last pleading has been served and filed, it is the duty of the P to promptly move ex parte the case be set
for pretrial.
2. Pre-trial is mandatory and failure to appear thereat by either party will result in adverse consequences for the
absent party.
3. In pre- trial, the parties consider amicable settlement or submission for ADR.
4. during pre-trial, and generally at any time before pre-trial or trial, the parties may obtain information from
each other through modes of discoveries like depositions, interrogatories to parties, request for admission, production
and inspection of documents and PME.
18. During trial, the D believes that the P is not entitled to such relief, what is his remedy
- instead of presenting his evidence, he may file demurrer to evidence after the P rests his case.
NOTE: Trial is not an indispensable stage of civil action.
19. What are the possible effect of Demurrer to evidence:
a. Granted: dismissed. However, if on appeal, the dismissal is reversed, the D is deemed to have waived his right
to present evidence.
b. Denied: D may still present his evidence.
20. what is judgment?
- It is the decision of the court and represents its official determination of the respective rights and obligations of the
parties to the case.
- there is no oral judgment. It has to be in writing, personally and directly prepared by the judge, stating clearly the facts
and the law on which it is based, signed by him and filed with the clerk of court.
21. what are the remedies before the judgment becomes final and executory?
 1. MR
2. MNT
3. Appeal
22. what are the remedies after the judgment has become final and executory?
- Extraordinary remedies:
1. petition for relief
2. action to annul the judgment
3. certiorari
4. or even an attack against the judgment collaterally when the nullity of the judgment is plain and evident on its
face.
23. what is remedial law?
- is the traditional term given to the rules which prescribe the procedure for the protection and enforcement of all
claims arising from the rights and duties created by law.
24. substantive law distinguished from remedial law
- substantial law creates, defines and regulates rights and duties concerning liberty or property. The violation of which
gives rise to cause of action. Remedial law prescribes the methods of enforcing those rights and obligations created by
substantive law.
25. neypes vs Ca
- standardized the period for appeal by allowing a fresh period of 15 days within which to file the notice of appeal in the
RTC, counted from receipt of the order dismissing a motion for a NT or MR.
26. what is equity jurisdiction? Application of equity
- EJ used to descrive the power of the court to resolve issues presented in a case, in accordance with the natural rules of
fairness and justice. Equity, however, is not to be applied in all cases. It does not apply when there is a law applicable to
a given case.
27. what is the doctrine of hierarchy of courts?
- where courts have concurrent jurisdiction over a SM, the doctrine of hierarchy of courts should be observed. Under
this doctrine, a case must be filed before the lowest court possible having the appropriate jurisdiction, except if one can
advance a special reason which would allow a party a direct resort to a higher court.
28. what is the doctrine of non-interference of judicial stability?
- this principle holds that courts of equal and coordination jurisdiction cannot interfere with each other’s orders. Hence,
RTC has no power or authority to nullify or enjoin the enforcement of a writ of possession issued by another RTC. Co-
equal courts are also barred from reviewing or interfering with the judgment of another RTC.
29. distinguish courts of general vs special jurisdiction
a. Courts of GJ are those with competence to decide on their own jurisdiction and take cognizance of all cases.
Courts of SJ are those which have a special jurisdiction only for a particular purpose or are clothed with special
powers for the performance of specified duties beyond which they have no authority of any kind.
b. a court is also considered G if it has the competence to exercise jurisdiction over cases not falling within the
jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions.
30. Error of jurisdiction versus error of judgment
1. E. jurisdiction is one where the act complained of was issued by the court without or in excess of jurisdiction.
It occurs when the court exercises a jurisdiction not conferred by the law. Such judgment is void, it may be
struck down at any time, even on appeal.
2. E. of judgment presupposes that a court has jurisdiction over the SM, but in the process of exercising, it
committed mistakes in the appreciation of the facts and evidence leading to erroneous judgment. Such
judgment is not void.
31. what are the aspects of jurisdiction?
1. jurisdiction over the SM- the power of the court to hear the type of case that is then before it. Following this
definitions, RA, PA or actions of incapable of PE are to be considered as SM.
- J. over SM is conferred by the law.
- determined in the allegations of the complaint.

2. jurisdiction over the parties-

-is the legal power of the court to render a personal judgment against a party to an action.
- a decision in personam imposes a responsibility or liability upon a person and therefore, binds him personally.

3. Jurisdiction over the issues of the case

4. jurisdiction over the res or thing involved in the litigation

32. what is the doctrine of primary jurisdiction?

-Under the DPJ, courts cannot and will not resolve a controversy involving a question within the jurisdiction of an
administrative tribunal. If the case required the expertise, specialized training and knowledge of an administrative body,
relief must first be obtained in an administrative proceeding before resorting to the court.
33. what is the doctrine of adherence of jurisdiction?
- means that once jurisdiction has attached, it cannot be ousted by subsequent happening or events. The court, once
jurisdiction has been acquired, retains that jurisdiction until it finally disposes of the case.
34. What is the doctrine of estoppel by laches? (Tijam vs sibonghanoy)
- SC barred a belated objection to jurisdiction that was raised by a party only when an adverse decision was rendered by
the lower court against it. A party cannot be allowed to invoke the jurisdiction of a court to secure affirmative relief and
later renounce or repudiate the same after it fails to obtain the relief.
-the doctrine is based upon grounds of public policy.
- this is an exception rather than a rule.
35. what is omnibus motion rule?
- a motion attacking pleading, order, judgment, or proceeding shall include all objections then available and all
objections not so included shall be deemed waived.
- however, the court is authorized to dismiss the claim if it appears on the evidence on record or pleadings:
a. that the court has no jurisdiction over the SM
b. there is another action pending between the same parties for the same cause (litis pendencia)
c. the action is barred by a prior judgment (res judicata)
d. the action is barred by statute of limitations (prescription)
36. v
- it is no judgment at all. It cannot be the source of right or the creator of any obligation. All acts pursuant to it and all
claims emanating from it have no legal effect.
37. what are actions incapable of pecuniary estimation
- to determine if an action is one incapable of pecuniary estimation, it is necessary to ascertain the nature of the
principal remedy sought. If it is primarily for the recovery of sum of money, it is capable of pecuniary estimation.
- ex: a. an action for reformation of an instrument
b. rescission of a contract
c. action for specific performance
d. nullification of the extrajudicial settlement
e. expropriation
f. action seeking to annul a resolution of a government-owned and controlled corporation
g. an action for the annulment of an extrajudicial foreclosure sale of real property with an assessed value of 50K
located in Laguna is incapable of pecuniary estimation
h. an action for partition of a real property located in Rizal with an assessed value of 20k, the resolution of which
involves the determination of hereditary rights
i. specific performance to compel the D to execute a deed of conveyance covering a parcel of land with an
assessed value of 19K
j. writ of injunction
k. Russel vs Vestil: specific performance, support, foreclosure of mortgage or annulment of judgment,
questioning the validity of a mortgage, annulling a deed of sale or conveyance and to recover the price paid and
rescission which is the counterpart of specific performance
38. Capable of pecuniary estimation
a. action for specific performance or in the alternative for damages in the amount of 180K
b. replevin of a MV valued at 150k
c. action for interpleader is capable of pecuniary estimation where the SM is real or personal

SUMMARY PROCEDURE
39. what are civil cases subject to Summary Procedure
a. all cases of FE and UD irrespective of the amount of damages or unpaid rentals
b. all other cases where the total amount of the P’s claim does not exceed 100k (outside MM) or 200k (w/in
MM) exclusive of interest and costs.
NOTE: 1. All pleadings covered by SP shall be verified.
2. Answer: within 10-D from service of summons, the D shall file an answer to the complaint and serve
a copy thereof on the P.
3. Effect of failure to answer: the court, motu proprio, or on motion of the P, shall render judgment as
may be warranted by the facts alleged in the complaint.
4. Appeal: judgment/ FO of the MTC is appealable to RTC. The RTC decide on the basis of the entire
record of the proceedings. The decision of RTC is appealable to CA by petition for review on an error of
facts or law.
40. What are Prohibited pleadings and motion in SP?
1. MD except: failure to comply with the Brgy conciliation proceedings and lack of jurisdiction
2. MBP
3. MNT/MR
4. PRJ
5. motion for extension of time to file pleadings, affidavits
6. Memoranda
 7. petition for CPM against any interlocutory order
8. Motion to declare defendant in default
9. Dilatory motions for postponement
10. reply
11. 3rd part complaint
12. intervention
NOTE: ALLOWED: C,CCC, CC, Answer to these pleadings

JURISDICTION OVER SMALL CLAIMS CASES

41. What cases are applicable in small claims?
-. all actions that are purely civil in nature when the claim or relief prayed for by the P is solely for the
payment/reimbursement of a sum of money.
42. Commence of the action
a. commenced by filing form 1-SCC with the court. It must be duly accomplished and verified.
b. P shall pay docket fees unless allowed to litigate as an indigent.
c. the SCC must be accompanied by CAFS
43. Appearance of attorney:
a. No Atty. Shall appear in behalf of a party or represent a party at the hearing. Allowed only when the Atty. Is
the P or D.
b. he is allowed to provide advice to a party, either before or after commencement of the action.
44. is appeal allowed in small claims?
- No. the decision of the court shall be final and unappealable.
KATARUNGANG PAMBARANGAY
45. what is the SM for settlement in KB?
- the lupon of the brgy shall have the authority to bring together the parties actually residing in the same
city/municipality for amicable settlement of all disputes.
46. What is the venue of the action?
a. disputes b/n persons actually residing in the same brgy shall be brought for amicable settlement before the
lupon of the sasid brgy.
b. those involving actual residents of different brgys w/in the same city/municipality shall be brought in the brgy
where the respondent or any of the respondents actually resides, at the election of the complainant.
c. those arising at the workplace where the contending parties are employed or at the institution where such
parties are enrolled for study, shall be brought in the brgy where such workplace is located.
47. Rule on execution of award or settlement in KB
- the arbitration award may be enforced by execution by the lupon w/in 6 months from the date of the settlement. After
the lapse of such time, the settlement may be enforced by action in city/ municipal court.
48. Venue of Real action and personal action
a. PA (venue): where the P or any of the PPs resides, or where the D or any of the PDs resides, at the election of the P.
 if the D is a non-resident, the venue is where the P or any of the PPs resides, or where the non-resident D may
be found, at the election of the P.
b. RA (venue): actions affecting title to or possession of real property, or interest therein, shall be commenced and tried
in the proper court which has jurisdiction over the area wherein the RP involved, or a portion thereof is situated. (dec 1,
R4)
49. what is the venue for actions for FE and UD?
- FE and UD shall be commenced and tried in the municipal court of the municipality or city wherein the RP involved, or
a portion thereof, is situated.
50. when the rule on venue does not apply?
a. in those cases where a specific rule or law provides otherwise.
Ex. A quo warranto commenced by solgen filed in RTC of manila .
b. where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof. (S4R4)
the parties may stipulate on the venue as long as the agreement is: in writing, made before the filing of an action, and
exclusive as to venue.
51. Denial of a motion to dismiss based on improper venue, is appeal allowed?
- if MD based on improper venue is denied, D cannot appeal. An order denying a MD is merely interlocutory. It is not
final. Only FOs or J may be appealed from.
- the remedy is to file an answer and interpose the ground as an affirmative defense, go to trial and appeal from the
adverse judgment.
- However, if denial is tainted with grave abuse of discretion amounting to lack of jurisdiction, the remedy is certiorari or
prohibition.
52. distinguish real and personal action
- Sec 2, R4, an action is real if it affects title to, possession of or an interest therein. Any other actions are personal.
- ex. Where in the allegations, do not claim ownership of the lots in question, or ask for possession of the same, but
merely seeks the execution of a deed of sale by the D, the action is personal.
-ex. An action that seeks the execution of a deed of sale over a parcel of land is for recovery of RP. The action is real.
-ex. foreclosure of real estate mortgage is real action.
-ex. Main relief sought in the action is the delivery of the cert. of title, however who b/in the parties have better right.
The court cant decide on the main relief without passing upon the claim with respect to the title to and possession of
the lot. The action is real.
- ex. Fictitious sale. There being no contract to annul. The action for the fishpond is real.
53. distinguish action in personam, action in rem, action quasi- in rem 9accdg to object of action)
- an action in personam is lodged against a person based on personal liability; an action in rem is directed against the
thing itself instead of the person; while an action quasi-in-rem, names a person as defendant, but its object is to subject
the person’s interest in a property.
- ex:
a. in personam:
- action for recovery of real property (to recover title to or possession of RP is a RA but is an action in personam. It binds
a particular individual only, it is not brought against the whole world, but against the person upon whom the claim is
made.
- action for ejectment (FE and UD) : RA but bec. It involves the issue of possession of RP but it is an action in personam.
b. in rem:
- ex. an action for the declaration of nullity of a marriage is a PA because it is not found on real estate. It is, at the same
time, an action in rem bec. The issue of the status of a person is one directed against the whole world.
c. quasi-in-rem:
- ex. Attachment, foreclosure of mortgage, action for partition, and action for accounting. Such actions are essentially for
the purpose of affecting the D’s interest in the property and not to render judgment against him.
54. what is the significance of distinction of in personam, in rem and quasi in rem?
- to determine whether or not jurisdiction over the person of the defendant is required and consequently to determine
the type of summons to be employed.
54. When summons by publication may be made in an action in personam?
?-GR: summons by publication, will not enable the court to acquire jurisdiction over the person of the D.
Xpn:
a. if the identity of the D is unknown or whose whereabouts are unknown, service may, with leave of court, be
effected upon him by publication in a newspaper of general circulation.
b. if the resident D is temporarily out of the country, he may be served by publication with leave of court.
55. COA for a sum of money based on a PN?
- where the COA rests upon PN, filing the action before the due date of the obligation would be premature bec.
Obligation is one with a period. Whenever a period is designated in an obligation, the obligation becomes demandable
only when the period arrives.
56. COA dor UD?
- the COA does not accrue unless there is demand to vacate and such is not complied with. If, however, the suit is based
on expiration of the lease, notice and demand are not required.
57. COA for FE?
- the possession of the D is illegal from the very beginning having been deprived the actual possessor of his possession
by FISTS. It the nature of the D’s entry into the land which determines the COA. There must be prior physical possession.
58. Failure to SCOA and lack of COA. Distinguish
a. failure to SCOA is the insufficiency in the allegations in the complaint while LCOA refers to failure to prove or establish
by evidence that one has a COA.
b. if SCOA, remedy: MD available in porta
c. LCOA: after the P rest his case
58. what is splitting single a cause of action?
- splitting a single COA is the act of instituting 2 or more suits on the basis of the same COA.
59. what is joinder of COA?
- is the assertion of as many causes of action as a party may have against another in one pleading alone.

60. Entity without a juridical personality as a defendant, how are they sued?
- when 2 or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued
under the name by which they are generally or commonly known.
61. what is the effect when a party impleaded is not authorized to be a party?
a. where a P is not a N/J/E a motion to dismiss may be filed on the ground that “the P has no legal capacity to
sue”.
b. where the D who is not N/J/E, the complaint may be dismissed on the ground that the “pleading asserting the
claim states no COA” or “failure to SCOA”
62. what is citizen suit?
- may be filed by any Filipino citizen in representation of others, including minors or generations yet unborn, to enforce
rights or obligations under environmental laws.
63. who is an indispensable party?
- is a real party in interest without whom no final determination can be had of an action
64. who is a necessary party?
- One who is not indispensable but who ought to be joined as a party to case if complete relief is to be accorded.
65. what is the duty of pleader if a necessary party is not joined; effect
- the pleader shall set forth the name of the NP, if his name is known, and state why such party is omitted.
66. when court may order joinder of a necessary party?
- if the reason given is found by the court to be unmeritorious, it may order the omitted party if jurisdiction over his
person may be obtained.
67. what is the effect of failure to comply with the order of the court?
- the failure to comply with the order of the court to include a NP, without justifiable cause shall be deemed a waiver of
the claim against such party.
68. unwilling co-plaintiff
- if he refuses to be a party, he may be a.) made a defendant and, b.) the reason therefor shall be stated in the
complaint.
69. alternative defendant
- where the P cannot identify among 2 or more persons should be impleaded as a D, he may join all of them as
defendant in the alternative.
70. what if the identity or name of D is unknown?
- he may be sued as the unknown owner, heir, devisee or by such other designation as the case may require; when his
identity or true name is discovered, the pleading must be amended accordingly.
71. action of court upon notice of death; effect of death of the case
a. if the claim survives, the court shall order the legal representatives of the deceased to appear within 30-D from notice.
b. if the heirs of the deceased may be allowed to be substituted for the deceased, there is no more need for executor or
administrator.
c. it is possible that the court may order the opposing party to procure the appointment of an E/A for the estate of the
deceased. This may happen when: 1.) The counsel does not name a legal rep; 2.) there is a representative named but
failed to appear within specified period.
72. what are the requisites for the class suit?
a. the SM of the controversy must be of common or general interest to many persons
b. the persons are so numerous that it is impractical to join all as parties
c. the parties actually before the court are sufficiently numerous and representative as to fully protect the interests of all
concerned; and
d. the representatives sue or defend for the benefit of all.
73. what is ultimate facts?
- the facts essential to a party’s COA or defense, or such facts as are so essential that they cannot be stricken out.
74. significance of signature of a counsel
- his signature constitutes a certificate by him that:
a. he has read the pleading
b. to the best of knowledge and belief, there is a good ground to support it
c. it is not interposed for delay

75. how is pleading verified?

- it is verified by an affidavit. The affidavit declares that:
a. the affiant has read the pleading; and
b. that the allegations therein are true and correct of his personal knowledge or based on authentic records
76. effect of lack of a verification?
- a pleading required to be verified but lacks the proper verification shall be treated as an unsigned pleading. Hence,
produces no legal effect.
77. what is CAFS?
- is a sworn statement in which the plaintiff or PP certifies in a complaint or initiatory pleading to the ff matters:
a. that he has no commenced any action or filed any claim involving the same issues in any court, tribunal or QJ agency
and, to the best of his knowledge, no such other action or claim is pending therein;
b. that if there is such other pending action or claim, a complete statement of the present status thereof
c. should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact
within 5 days therefrom to the court.
78. what if there are several Ps or petitioners? CAFS
Gr: signed by all parties. Otherwise, those who did not sign will be dropped as parties to the case.
79. how to contest an actionable document
a. a party who has no intention of admitting the genuineness and du execution of the document, must contest the same
by:
1. specifically denying the genuineness and due execution of the document under oath
2. a mere specific denial of the actionable document is insufficient. The denial must be coupled with an oath.