I. a.) Manuel may not prove that his signature to the SPA is forged.

As provided in the Rules on Civil Procedure, when a defense or action is based on a written document or instrument, the genuineness and due execution of such document shall be deemed admitted, unless the adverse party specifically denies such under oath.

In this case, it is clear that Manuels reply was not made under oath. The requirement of the law provides that it be under oath, so the action based on the SPA is deemed admitted.

Therefore Manuel can no longer prove that his signature is forged for failure to comply with the requirements under the rules.

b.) No, the answer would be different, Manuel can prove that his signature is forged.

As a general rule provided under the Rules on Civil Procedure, pleadings need not be under oath or verified; the exception is when otherwise specifically required by the law or rule.

As mentioned in the above answer, the rules provide that any action or defense based on a written document or instruments must be specifically denied under oath. If the reply was made under oath, then the requirement is complied with, hence such can be proven during the trial.

II. a.) Yes, the petition for declaratory relief is proper.

Under the Rules on Special Civil Actions, declaratory relief applies is a remedy available to persons who, in this case, rights are affected by either a statute, executive order or regulation, ordinance, before breach or violation thereof, may file an action with the proper RTC to determine any question as to its validity and to declare the rights of such person.

In this case, Boracay West Cove as