JUDICIAL ADMISSION
Section 4. Judicial admissions. — An admission, oral or written, made by the 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 the imputed admission was not, in fact, made.
Judicial admission is an admission, verbal or written, made by a party in the course
of the proceedings.
Elements:
1. The same must be made by a party to the case;
2. The admission must be made in the course of the proceedings in the same case; and
3. There is no particular form for an admission-it may be written or verbal.
JUDICIAL ADMISSIONS EXTRAJUDICIAL ADMISSIONS
Those made in the course of the Those made out of court or in a judicial
proceeding in the same case proceeding other than the one under
consideration
Do not require proof and may be Regarded as evidence and must be offered
contradicted only by showing that it was as such, otherwise the court will not
made through palpable mistake or that consider it in deciding the case.
no such admission was made.
Judicial admissions need not be offered Requires formal offer for it to be
in evidence since it is not evidence. It is considered
superior to evidence and shall be
considered by the court as established.
Conclusive upon the admitter Rebuttable
Admissible even if self serving Not admissible if self-serving
Subject to crossexamination Not subject to crossexamination
Note: Lack of jurisdiction over the subject matter cannot be admitted because
jurisdiction over the subject matter is conferred by law and not by stipulation of
parties.
Judicial admissions may be made in:
1. The pleadings filed by the parties;
2. In the course of the trial either by verbal or written manifestations or stipulations;
3. In other stages of the judicial proceeding, as in the pre-trial of the case;
4. Admissions obtained through depositions, written interrogatories or requests for
admissions. Judicial admission can be made by either a party or counsel.
Note: Two situations in criminal cases:
1. If it is a criminal case undergoing trial, the judicial admission by counsel can be
received in evidence against the conformity of said defendant or even without his
conformity.
2. In the course of pre-trial conference, any admission must be reduced in writing and
signed by both the defendant and his counsel before the admission can be received in
evidence (Rule 118, Sec. 2)
Remedy of a party who gave a judicial admission:
1. In case of a written judicial admission: Motion to withdraw the pleadings, motion
or other written instrument containing such admission
2. In case of an oral judicial admission: Counsel in open court may move for the
exclusion of such admission.
Remedies on Amended pleadings
Admissions in superseded pleadings may be received in evidence against the pleader
(Sec. 8, Rule 10). Such admissions are considered as extrajudicial admissions. The
original pleading must be proved by the party who relies thereon by formally offering
it in evidence (Torres vs. CA, L-37420-21, July 31, 1984)
Judicial admissions are always conclusive upon the admitter and do not require
formal offer as evidence, unlike the case of extra-judicial admissions.
Facts alleged in a party’s pleadings are deemed admissions of that party and are
binding upon him, but this is not an absolute and inflexible rule. An answer is a
mere statement of fact which the party filing it expects to prove, but it is not
evidence. (Atillo III v. CA, GR. No. 119053, January 23, 1997).
Rule on dismissed Pleadings
Admissions made in pleadings that have been dismissed are merely extrajudicial
admissions (Servicewide Specialist, Inc. v. CA, 257 CSRA 643).
Note: NOT all allegations or admissions in pleadings in civil cases may be considered
as judicial admission because the Rules on Civil Procedure allow a litigant to make
hypothetical admissions in his pleadings, such as:
1. When a defendant sets up affirmative defense(s) in his answer; or
2. When a defendant files a motion to dismiss based on lack of jurisdiction.
Judicial admissions are made in one case are admissible at the trial of another case
provided they are proved and are pertinent to the issue involved in the latter,
UNLESS:
a. The said admission were made only for the purpose s of the first case, as in the rule
of implied admissions and their and their effects under Rule 26:
b. The same were withdrawn with the permission of the court thereon; or c. The court
deems it proper to relieve the party therefrom
Rules on Pleadings not filed:
1. If signed by the party, the admission contained in the pleading is considered as an
extra-judicial admission.
2. If signed by the attorney. It is not admissible. An attorney has authority to make
statements on behalf of his client only in open court or in a pleading actually filed.
Is the self-serving rule applicable to judicial admissions?
No. The self-serving rule which prohibits the admission or declaration of a witness in
his favor applies only to extrajudicial admissions. If the declaration is made in open
court, such as raw evidence and said and is not self-serving. It is admissible because
the witness may be cross-examined on that matter. However, whether it will be
credible or not, is a matter of appreciation on the part of the court.
Are judicial admissions made by the accused during his arraignment binding
upon him?
No. 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.
Are admissions made during a pre-trial in a civil case considered as judicial
admissions?
Yes. Admissions made in the pre-trial are deemed judicial admissions because they
are made in the course of the proceedings of the case. (Riano, Evidence: A
Restatement for the Bar, p. 104, 2009 ed.)
Admissions in Civil Cases Admissions in Criminal Cases
Admissions in a pleading which had been Admissions during arraignment may be
withdrawn or superseded by an amended withdrawn at any time before the
pleading are considered extra-judicial judgement of conviction becomes final,
admission. but such plea of guilty later withdrawn id
not admissible in evidence against the
accused who made the plea.
It is not even considered an extra judicial
admission.
What are the consequences of judicial admissions?
1. A party who judicially admits a fact cannot later challenge that fact as judicial
admissions constitute waiver of proof; production of evidence is dispensed with;
2. No evidence is needed to prove a judicial admission and it cannot be contradicted
unless it is shown to have been made through palpable mistake or that no such
admission was made.
Judicial admissions may be contradicted only when it is shown that:
1. It was made through palpable mistake
2. The imputed admission was not, in fact, made. (NEW RULE)
