Judicial admissions

G.R. No. 191090               October 13, 2014

EXTRAORDINARY DEVELOPMENT CORPORATION, Petitioner,
vs.
HERMINIA F. SAMSON-BICO and ELY B. FLESTADO, Respondents.

"x x x.

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.23 Sec. 4, Rule 129 of the Revised 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.

The Answer submitted by the heirs ofJuan, as well as the testimony of Juan constitute judicial admissions. Well-settled is the rule that a judicial admission conclusively binds the party making it. He cannot thereafter take a position contradictory to, or inconsistent with his pleadings. Acts or facts admitted do not require proof and cannot be contradicted unless it is shown that the admission was made through palpable mistake or that no such admission was made.24

x x x."