Judicial Admissions (4) Flashcards
"Yes, I Do!" module
what is a Judicial Admission?
an admission, verbal or written, made by the party in the course of the proceedings in the same case, does NOT require proof.
when can JA be contradicted?
The admission may be contradicted ONLY by showing that it was made through
- palpable mistake, or that
- no such admission was made.
elements of JA
- either written or verbal
- made by a party to the case
- made in the proceeding in the same case
[a]
why is the lawyer considered a party
[b] negligence or fault of the lawyer is the negligence/fault of the client except/
A LAWYER is considered the agent or the extension of the party. Hence, any act or admission of the counsel is deemed to be the act or admission of the client.
In fact, the negligence or fault of the lawyer is also deemed negligence or fault of the client, except if the negligence is so gross that it results in the denial of the client’s due process. (
(1) is admission of a witness a JA?
(2) if so, to what extent does it bind?
(1) No, a witness is NOT a party.
(2)
while the admission of witness does bind the party calling him, it does not conclusively bind the party.
The admission by a witness during trial cannot be considered a judicial admission so it cannot CONSLUSIVELY bind the party calling him as witness.
but the BIND
Can you impeach your own witness?
What is your remedy if the witness you called says a damaging statement
[a] No, a party cannot impeach his own witness (R130 S12)
[b] to remedy/discredit the damaging statement, ask the court to declare the witness as HOSTILE
Admission must be made in the proceedings of the same case
GR: JA is made in the course
of the court proceeding normally done inside the court
XPN
When the admission is made in the course of a deposition taking.
- Deposition proceeding is deemed part of the court proceeding even if not done inside the courtroom nor conducted by a judge.
- Any admissions therein are thus judicial admissions.
Judicial Admissions, How made
- Ad. in the pleadings filed in the court
- binding & conclusive - any oral manifestation made by the lawyer in the course of the court proceeding
- Any Ad. made by a party in the course of the proceeding
- Ad. made in the course of a deposition proceeding
- Ad. made in the answer filed in reply to a request for JA
JA how made >
- any oral manifestation made by the lawyer in the course of the court proceeding
> XPN
STIPULATION made by the lawyer during pre-trial proceedings in a CRIM CASE.
Not admissible against the accused
XPN-XPN: unless signed by the accused
EX.
“In a criminal case, if a lawyer makes stipulations (agreements on certain facts) during pre-trial, these stipulations cannot be used against the accused unless the accused personally signs them.”
EFFECTS of a Judicial Admission
- Evidence is dispensed with but a fact is still established
- JA is binding & conclusive upon the admitter, & cannot be controverted
EFFECTS of a Judicial Admission >
evidence is dispensed with but a fact is nonetheless established >
GR: formal offer of evidence is NOT required
XPNs:
- In case of deposition
- required under R23 S6 & 8 - accused pleads guilty to a capital offense
EFFECTS of a Judicial Admission >
The judicial admission is binding and conclusive upon the admitter, and cannot thus be controverted.
JP on the matter
Sps Binarao v. Plus Builders Inc: JA that they owed but during trial claimed no more pending obligation; JA is binding & conclusive
Santos v. Lumbao:
Def’t admitted to signing as witnesses to the DOAS, during trial denied & challenged the due execution claiming forgety
in both cases, their JA is binding & conclusive
Duty of the court to disregard contradictory evidence
What is the duty of the court when evidence is presented contrary to an earlier admission, without the adverse party objecting?
GR: objections to admission of evidence are NOT self-executing provisions.
They need to be invoked by the proper party at a proper time. That is why objection to admission of evidence is waivable & would have the effect of admitting a supposedly inadmissible evidence
XPN: This rule does NOT apply to JA
to the effect that whatever evidence a party submits contrary or consistent with the JA, even if objected to or not by the adverse party should NOT be considered by the court. This is consistent with the conclusive nature of a JA
IOW, the court has the duty to disregard contrary evidence
note
not like in JN (Yatco case)
Elayda Doctrine
vs.
Azolla Farms Doctrine
Elayda (1991) Doctrine - JA is binding & conclusive & cannot be amended
Azolla Farms (2004) - R10 S5 rule on amendment to conform to evidence
When judicial admission may be controverted
GR: A judicial admission is binding and conclusive upon the admitter, and may thus not be controverted.
XPN:
1. Judicial admission was made through palpable mistake
2. That no such admission was made
When judicial admission may be controverted > XPN > no such admission was made (fact taken out of context);
BAR FACT PATTERN:
Atillo, the majority stockholder and President of Amancor, Inc., obtained a corporate loan from Metrobank and secured it with his personal property. Later, he entered into two transactions with Mr. Lhuillier: (1) Lhuillier purchased shares in Amancor, becoming a stockholder, and (2) Lhuillier infused fresh capital into the corporation. As part of the second transaction, Atillo assumed Amancor’s loan obligation to Metrobank in exchange for reimbursement from Amancor.
When Amancor failed to reimburse him, Atillo sued both Amancor and Lhuillier, claiming that Lhuillier should be held solidarily liable based on an alleged judicial admission in Lhuillier’s Answer, where he stated that “all dealings were personal transactions between him and Atillo.” Lhuillier, however, argued that his statement only referred to the first transaction (purchase of shares) and not the second.
Issue: Is the judicial admission made by Lhuillier binding and conclusive upon him, making him solidarily liable with Amancor?
No
LB: Atillo v. Lhuiller
No. It is true that such an admission was made in the Answer, however, the same should be understood in relation to other paragraphs. A perusal of the entire body of the answer would show that the admission on personal liability by Mr. Lhuiller refers only to the first transaction involving the purchase of sales of stocks.
Judicial
v.
Extrajudicial Admissions
- LB
- How made
- insofar as Formal Offer
- nature
[JA]
- R129 S4
- always in court proceeding [and] in the same case
- Gnrly dispenses w/ F.O. except (deposition [&] plea of guilt to a capital offense)
- Gnrly conclusive & binding
[EJA]
- R130 S26
- outside court proceedings [or] in a court proceeding, but in another case
- requires F.O.
- always disputable & can be controverted
Answer to a Request for Admission under Section 3, Rule 26
GR: When an admission offered in a DIFFERENT case is made in the course of a proceedings of a case in court, it is considered EXTRAjudicial, thus needing formal offer.
XPN:
limitations of XPN:
admission pursuant to a Request for Admission R26 that admission from a different case pursuant to R26 will be considered JA
- purpose for the pending action only where request for admission was made
- not constituted admission for any other purpose
- nor be used in any other proceeding
How to determine whether an ADMISSION made in the course of a court proceeding is judicial or extrajudicial
ANS: depends on which case the admission is offered.
JA - offered in the very same case where JA was made
EJA - offered in relation to another case
Sps. Dela Cruz v. Concepcion doctrine on JA
Sec. 5 Rule 10 envisions two scenarios
- When evidence is introduced in an issue NOT alleged in the pleadings [and] NO objection was interjected
- to the effect that it should be treated in all respects as if it had been raised in the pleadings.
- When evidence is offered on an issue not alleged in the pleadings [but] this time an objection was raised.
- When there is an objection, the evidence may be admitted where its admission will not prejudice him.
