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Facts:
The Union of Filipro Employees [UFE] declared a strike against
Nestle Philippines, Inc. On 27 October 1987, the NLRC issued
a TRO against UFE to desist from obstructing points of ingress
and egress from Nestles plant. To enforce the TRO, Nestle
sought the help of PC under Capt. Rey Laadas command and
the Cabuyao PNP under Maj. Lorenzo T. Malagas command.
Nestle hired the trucks of the Alimagno brothers, Constancio,
Jr. [OIC of Cabuyao plant] and Jesus to help it transfer its
products from Cabuyao plant to its warehouse in Taguig.
Issue:
Whether or not an answer to a request for admission signed
and sworn by the counsel of the party so requested is
sufficient compliance with the provisions of Rule 26.
Ruling:
Petitioner has not shown that the case at bar falls under any of
the recognized exceptions as found in Art. 1878 of the Civil
Code which enumerates the instances when special powers of
attorney are necessary, or in Rule 20 of the Rules of Court on
pre-trial where the parties and their attorneys are both
directed to appear before the court for a conference; so that
for counsel to appear at the pre-trial in behalf of his client, he
must clothe the former with an adequate authority in the form
of a special power of attorney or corporate resolution.