Wednesday, September 7, 2011

Judicial admission vis-a-vis mistake - G.R. No. 178925

G.R. No. 178925

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"x x x.

A judicial admission is an admission, verbal or written, made by a party in the course of the proceedings in the same case, which dispenses with the need for proof with respect to the matter or fact admitted. It may be contradicted only by a showing that it was made through palpable mistake or that no such admission was made.[39]

During the pre-trial, respondents categorically admitted the existence of the Order dated June 30, 1989 only. The Court cannot extend such admission to the existence of Cadastral Case No. 10, considering the circumstances under which the admission was made. In construing an admission, the court should consider the purpose for which the admission is used and the surrounding circumstances and statements.[40] Respondents have constantly insisted that, in making the admission, they relied in good faith on the veracity of the Order which was presented by petitioners. Moreover, they relied on the presumption that the Order has been issued by Judge Enrique T. Jocson in the regular performance of his duties. It would therefore be prejudicial and unfair to respondents if they would be prevented from proving that the Order is in fact spurious by showing that there was no Cadastral Case No. 10 before the RTC, Branch 47, of Bacolod City.

x x x."