COMPETENT
MATERIAL,
and the
unfunded.
fact
that
it
was
Now
by
their
respective
concepts, it is obvious that
relevance and materiality are
different evidentiary concepts.
They are independent from each
other, some authors suggest
that there are evidences which
are considered as relevant but
immaterial
/
material
but
irrelevant.
Relevant but immaterial.
In a complaint for sum of
money, based on actionable
document i.e. the promissory
note. Under the Civil procedure,
the defendant is required to
specifically deny under oath the
genuineness and due execution
of the note if that is his defense.
Failure to deny under oath
results in an implied admission
of the genuineness and due
execution of the note. Whats
the effect? Any defense that is
inconsistent
with
the
genuineness and due execution
is not allowed. Because it
ceases to be an issue so during
the trial the defendant in his
answer failed to deny under
oath, in his answer he stated the
note was a forgery. So there was
no valid effective denial so
implied admission. During the
trial, the defendant may not be
allowed to present an evidence
say
for
example
an
NBI
document examiner testifying
that the signature of the
promissory note is a forgery.
Because forgery is not an issue
when there was failure to deny
under oath.
Forgery is relevant because it
tends to prove the allegation of
a loan. So for purposes of the
issue of whether or not the
defendant is indebted to the
plaintiff is relevant evidence.
But it may be objected to
because
it
is
immaterial
because by the rules on the
pleadings whatever is admitted
may not be controverted.