Judicial Admission

Question 1

What are Judicial Admissions?

Answer 1

These are admissions, oral or written, made by a
party in the course of the proceedings in the same
case, which do not require proof. (Sec. 4, Rule 129,
ROC, as amended)

Question 2

What are the Requisites of Judicial Admission? (P-C-OW)

Answer 2

1. It must be made by a Party to the case or his counsel;
2. It must be made in the Course of the proceedings in the same case; and
3. It can be Oral or Written. (Sec. 4, Rule 129, ROC, as amended)

Question 3

Nature of Judicial Admissions

(1) when made
(2) Does it require proof; how contradicted
(3) Does it need to be offered as evid?
(4) Conclusive/ Rebuttable
(5) Rule if self- serving
(6) Cross-examination

Answer 3

Those made in the course of the proceeding in the same case.

(2) Do not require proof and may be contradicted only by showing that it was made through palpable mistake or that the imputed admission was not, in fact, made. (Sec. 4, Rule 129, ROC, as amended)

(3) Judicial admissions need not be offered in evidence since it is not evidence. It is superior to evidence and shall be considered by the court as established.

(4) Conclusive upon the
admitter

(5) Admissible even if self-serving.

(6) Subject to cross-examination.

Question 4

EXTRAJUDICIAL
ADMISSIONS

(1) When made
(2) regarded as evidence
(3) Does it require formal offer
(4) Rebuttable or Conclusive
(5) Rule if self-serving
(6) Subject to cross-examination

Answer 4

(1) Those made out of court or in a judicial proceeding other than the one under consideration.

(2) Regarded as evidence
and must be offered as
such, otherwise the
court will not consider
it in deciding the case.

(3) Requires formal offer
for it to be considered

(4) Rebuttable

(5) Not admissible if self-serving

(6) Not subject to cross-examination

Question 5

What are the Different Forms of Judicial Admission?

Answer 5

1. Oral – Verbal waiver of proof made in open court, a withdrawal of contention, or disclosure made before the court, or admission made by witness in his testimony or deposition;
2. Writing – Pleading, bill of particulars, stipulation of facts, request for admission, or a judicial admission contained in an affidavit used in the case (Programme Inc. v. Province of Bataan, G.R. No. 144635, 26 June 2006)

Question 6

How are Judicial Admissions made?

Answer 6

Judicial admissions may be made in:

1. The pleadings filed by the parties;
2. The course of the trial either by verbal or written manifestations or stipulations, including depositions, written interrogatories and requests for admissions; or
3. Other stages of the judicial proceedings, as in pre-trial.

(Binarao v. Plus Builders, Inc., G.R. No. 154430, 16 June 2006)

Question 7

What are the Two ways in which admissions are made in pleadings?

Answer 7

1. Actual Admission – When a party categorically admits a material allegation made by the adverse party.
2. Implied Admission – When the admission is inferred from the failure to specifically deny the material allegations in the other party’s pleadings.

Question 8

Effect of Judicial Admissions?

Answer 8

1. They do not require proof; and
2. They cannot be contradicted because they are conclusive upon the party making it. (Solivio v.
   CA, G.R. No. 83484, 12 Feb. 1990

Question 9

When are admissions made in pleadings which were NOT filed with the court not judicial admissions?

Answer 9

Admissions made therein are not judicial admissions:

1. If signed by the party litigant himself or herself – Considered as extrajudicial admission.
2. If signed by the counsel – Not admissible because a counsel only binds his or her client with respect to admissions in open court and in pleadings actually filed with the court. (Riano, 2019)

Question 10

What are Averments in pleadings which are not deemed admissions?

Answer 10

1. Immaterial allegations (Sec. 11, Rule 8, ROC, as amended);
2. Conclusions, non-ultimate facts in the pleadings (Sec 1, Rule 8, ROC, as amended); and
3. Amount of unliquidated damages (Sec. 11, Rule 8, ROC, as amended)

Question 11

What are the Effect of an Invalid and Ineffective Denial of Actionable Documents Attached to the Complaint?

Answer 11

When an action or defense is founded upon an actionable document, the genuineness and due execution of the same instrument shall be deemed admitted unless it is specifically denied under oath. (Sec. 8, Rule 8, ROC, as amended)

Failure to deny the genuineness and due execution of said document amounts to a judicial admission. (PNB v. Refrigeration Industries, Inc. G.R. No. 156178, 20 Jan. 2006)

NOTE: But the failure to deny the genuineness and due execution of an actionable document does not preclude a party from arguing against the document by evidence of fraud, mistake, compromise, payment, statute of limitations, estoppel and want of consideration. He or she is however, precluded from arguing that the document is a forgery because the genuineness of document is impliedly admitted. (Acabal v. Acabal, G.R. 148376, 31 Mar. 2005)

Question 12

What are the effect of Admissions made in Amended Pleadings?

Answer 12

Admissions in a pleading which had been withdrawn or superseded by an amended pleading, although filed in the same case, are considered as extrajudicial admissions.

Pleadings that have been amended disappear from the record, lose their status as pleadings, and cease to be judicial admissions. To be utilized as extrajudicial admission, they must, in order to have such effect, be formally offered in evidence. (Ching v. Court of Appeals, G.R. No. 110844, 27 Apr. 2000)

Question 13

What is the Rule regarding Self-Serving Evidence?

Answer 13

Self-serving declaration is one that is made by a party, out of court and in his favor. It does not include the testimony he gives as a witness in court. (People v. Villarama, G.R. No. 139211, 12 Feb. 2003)

This cannot be said of a party’s testimony in court made under oath, with full opportunity on the part of the opposing party for cross-examination. (People v. Omictin, G.R. No. 188130, 26 July 2010)

Question 14

What is the Effect of a guilty plea made by the accused during his arraignment later withdrawn?

Answer 14

A plea of guilty entered by the accused may be later withdrawn at any time before the judgment of conviction becomes final.

Such plea is not admissible in evidence against the accused and is not even considered as an extrajudicial admission.

Question 15

Grounds for contradicting Judicial Admissions?

Answer 15

1. Upon showing that the admission was made through palpable mistake; or
2. When it is shown that the imputed admission was not, in fact, made. (Sec. 4, Rule 129, ROC, as amended)

Question 16

What is the Remedy of a party who made a Judicial Admission?

Answer 16

1. In case of written admission – File a motion to withdraw such pleading, or any other written instrument containing such admission; and
2. In case of oral admission – The counsel may move for the exclusion of such admission

Question 17

What is the effect Admissions in the Pre-trial of Civil Cases?

Answer 17

Pre-trial is mandatory. One of the purposes of pretrial in civil cases is for the court to consider the possibility of obtaining stipulations or admissions of facts.

Admissions, therefore, in the pre-trial, as well as those made during depositions, interrogatories or requests for admissions, are all deemed judicial admissions because they are made in the course of the proceedings of the case. (Riano, 2019)

Question 18

What are the effect of Admissions in the Pre-trial of Criminal Cases?

Answer 18

Admission made by the accused in the pre-trial of a criminal case is not necessarily admissible against him or her.

To be admissible, the conditions set forth by Sec. 2 of Rule 118 must be complied with. All the agreements or admissions made or entered during the pre-trial conference shall be:

1. Reduced in writing; and
2. Signed by the accused and counsel. Otherwise, they cannot be used against the accused. (Sec. 2, Rule 118, ROC, as amended)