Practice question
In an ordinary contested trial, counsel makes an unsworn factual assertion in argument, not a judicial admission, and offers no testimony, exhibit, stipulation, or other recognized basis for it. Counsel says the assertion must count as proof merely because it was stated confidently. Which is sound?
- Confident advocacy automatically establishes the asserted fact
- The unsupported assertion is not transformed into evidence merely by counsel's argument
- Every lawyer's statement is necessarily sworn testimony
- The court must accept the assertion unless a spectator objects
- A legal argument always proves any factual premise it assumes
Legal references
- https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, 2019 Revised Rules on Evidence, effective May 1, 2020; Rules 128 §§1–4, 130 §§1–2, 131 §1, and 133 §§1–2,6.
- https://lawphil.net/judjuris/juri2013/dec2013/gr_182356_2013.html — Dela Llana v. Biong, G.R. No. 182356, December 4, 2013, MAIN decision (evidentiary facts, ultimate fact, and admissibility versus weight).
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