Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

The operative answer supersedes an earlier answer containing a damaging admission. The opponent claims no evidentiary offer is necessary because every statement in the original remains an operative judicial admission forever. The pleader claims the original is unusable for any purpose. Which is correct?
  1. Supersession changes the pleading’s status, but Rule10 Section8 permits offering its admission as evidence
  2. Both extreme claims are correct
  3. The original answer is a final conviction
  4. Every superseded statement is automatically privileged
  5. Amendment necessarily falsifies every original fact

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  • AM19-10-20-SC, Rule10 Section8, superseded pleadings and admissions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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