Philippine Bar review · Question

Practice question: Judicial Notice and Judicial Admissions (Rule 129)

Multiple Choice Hard

Practice question

During the same case a party orally admits a fact on the record. Later the party denies having made the admission, but supplies only a preference to contest it, while the transcript clearly records it. What does Section4 require for that asserted ground?
  1. A showing that the imputed admission was not in fact made, not mere preference to retract
  2. A later denial automatically removes the admission
  3. Every oral statement is excluded categorically
  4. The opponent must always prove the admitted fact anew without qualification
  5. A change of lawyer erases all admissions

Legal references

  • AM19-08-15-SC, effectiveMay1,2020, Rules128 Sections3–4;129 Section4;130 Sections21–22,28,37;132 Sections34,39: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
  • AM19-10-20-SC, Rule10 Section8, superseded pleadings and admissions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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