This case has been cited 3 times or more.
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2012-02-22 |
MENDOZA, J. |
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| 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.[38] It is an established principle that judicial admissions cannot be contradicted by the admitter who is the party himself[39] 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.[40] | |||||
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2012-02-08 |
PEREZ, J. |
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| Antonia's evident lack of credibility also impels us to uphold the CA's rejection of her version of the circumstances surrounding the execution of the 4 November 1997 Deed of Absolute Sale in favor of Gemma. In disavowing authorship of the signature appearing on said deed,[43] Antonia contradicted the allegation in the Dela Peñas' complaint that she was misled by Gemma into signing the same document.[44] The rule is well-settled that judicial admissions like those made in the pleadings are binding and cannot be contradicted, absent any showing that the same was made thru palpable mistake.[45] Alongside that appearing on the Deed of Real Estate Mortgage she admitted executing in favor of Aguila, Antonia's signature on the Deed of Absolute Sale was, moreover, found to have been written by one and the same person in Questioned Document Report No. 482-802 prepared by Zenaida Torres, the NBI Document Examiner to whom said specimen signatures were submitted for analysis.[46] Parenthetically, this conclusion is borne out by our comparison of the same signatures. | |||||
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2008-10-17 |
NACHURA, J. |
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| A party may make judicial admissions in (1) the pleadings, (2) during the trial, by verbal or written manifestations or stipulations, or (3) in other stages of the judicial proceeding.[30] The stipulation of facts at the pre-trial of a case constitutes judicial admissions. The veracity of judicial admissions require no further proof and may be controverted only upon a clear showing that the admissions were made through palpable mistake or that no admissions were made. Thus, the admissions of parties during the pre-trial, as embodied in the pre-trial order, are binding and conclusive upon them. | |||||