Friday, May 25, 2012

JUDICIAL ADMISSIONS


Section 4, Rule 129 of the Rules of Court provides:

         Sec. 4. Judicial admissions. – An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof.  The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.

          A party may make judicial admissions in (a) the pleadings; (b) during the trial, either by verbal or written manifestations or stipulations; or (c) in other stages of the judicial proceeding (See Binarao v. Plus Builders, Inc., G.R. No. 154430, June 16, 2006, 491 SCRA 49, 54). It is well-settled that judicial admissions cannot be contradicted by the admitter who is the party himself (Id. citing Granada, et al. v. PNB, G.R. No. L-20745, September 2, 1966, 18 SCRA 1) and binds the person who makes the same, and absent any showing that this was made thru palpable mistake, no amount of rationalization can offset it (Id. citing Yuliongsiu  v. PNB, G.R. No. L-19227, February 17, 1968, 22 SCRA 585 cited in Landoil Resources Corporation vs. Al Rabiah Lighting Company, G.R. No. 174720, September 7, 2011, PERALTA, J.).

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