DIGEST, SY 2016-2017 Evid Atty.

Laurence Arroyo
ence

LUCIDO v. CALUPITAN (VILLARIN, L.)

GR. 8200, March 17, 1914
(What needs to be proved; Judicial Admissions)

FACTS

Some of Lucidos chattels and real estate were sold to one Rosales, who the next day transferred a one half
interest in the property to Zolaivar. On March 30, 1903, a public document was executed and signed by all of the
above parties and the defendant, Calupitan, wherein it was stated that Rosales and Zolaivar, with the consent of
Lucido, sold all their rights and obligations pertaining to the property to Calupitan. On the same day Lucido and
Calupitan executed a document stating that apart from the real agreement, Lucido shall have 3 whole years,
reckoned from the date of the instrument, to redeem the property.

Lucido offered to pay the redemption price to Calupitan but Calupitan rejected it. Instead, he sold the property to
Dorado, his co-defendant in this case.

The trial court used his original pleading to prove that even Calupitan recognized that the property was sold to
him with a right to repurchase.

ISSUE/S

Whether an original, withdrawn pleading of a party to an action may be introduced in evidence as an admission
against him YES

HELD

Many of the cases holding that pleadings were inadmissible as admissions were based on the theory that most
of the allegations were merely pleader's matterfiction stated by counsel and sanctioned by the courts. The
whole modern tendency is to reject this view and to treat pleadings as statements of the real issues in the cause
and hence as admissions of the parties, having weight according to the circumstances of each case. But some
of the authorities still hold that if the pleading is not signed by the party there should be some proof that he has
authorized it.

On the same principle where amended pleadings have been filed, allegations in the original pleadings are held
admissible, but in such case the original pleadings can have no effect, unless formally offered in evidence.

The original, withdrawn pleading of the party to an action may be introduced in evidence as an admission
against him, especially when it is signed by himself acting as his own attorney.

Calupitan himself considered this transaction as a sale with the right to conventional redemption is to be found in
his original answer to the complaint.

Arcaina Austria Baadera Cheng Coloquio Diploma Fajardo Layno Lim, J. Villarin, L. Villarin, P.1