UST GOLDEN NOTES

2. If signed by the counsel not admissible

because a counsel only binds his client with
respect to admissions in open court and in
pleadings actually filed with the court.
NOTE: But I cant find jurisprudence to this effect.
Amjur:

15. FED. R. EVID. 801(d) (a statement is not hearsay if it is "the

party's own statement
in either an individual or representative capacity"); MCCORMICK,
supra note 14
244, at 520; 2 JONES, EVIDENCE 358, at 673 (5th ed. 1958 & Supp.
1971) ("During
... trial attorneys stand in the place of their clients and may perform
acts
which the client might perform in person. Hence there is scarcely
any limit to the
admissions which they may make."); Laird v. Air Carrier Engine Serv.
Inc., 263 F.2d
948, 953 (5th Cir. 1959) ("an attorney has wide authority in the
conduct of litigation.
He is chosen to speak for the client in court. When he speaks in
court, whether it
be on a formal trial or in an informal pretrial, he speaks for and as
the client.");
Kungig Jarnvagsstyrelsen v. Dexter & Carpenter, 32 F.2d 195, 198 (2d
Cir.) (holding
that a statement by counsel in a pleading is a statement made for
and by counsel's
client), cert. denied, 280 U.S. 579 (1929).

ALFELOR v HALASAN
G.R. No. 165987
CALLEJO; March 31, 2006

- A judicial admission also removes an admitted fact from the field of

controversy. Consequently, an admission made in the pleadings cannot be
controverted by the party making such admission and are conclusive as to
such party, and all proofs to the contrary or inconsistent therewith should be
ignored, whether objection is interposed by the party or not.
- The allegations, statements or admissions contained in a pleading are
conclusive as against the pleader. A party cannot subsequently take a
position contrary of or inconsistent with what was pleaded.
- Intervention shall be allowed when a person has (1) a legal interest in the
matter in litigation; (2) or in the success of any of the parties; (3) or an
interest against the parties; (4) or when he is so situated as to be adversely
affected by a distribution or disposition of property in the custody of the court
or an officer thereof.
The declarations constitute judicial admission, which are binding on the
parties, by virtue of which the prosecution dispensed with the introduction of
additional evidence and the defense waived the right to contest or dispute
the veracity of the statements contained in the exhibits.
- American jurisprudence has established the acceptability of the practice of
stipulating during the trial of criminal cases, and stated in People vs. Hare
that: This court has held that an accused may by stipulation waive the
necessity of a proof of all or any part of the case which the people have
alleged against him and that having done so, he cannot complain in this
Court of evidence which he has stipulated into the record.

A stipulation of facts entered into by the prosecution and defense counsel

during trial in open court is automatically reduced into writing and contained
in the official transcript of the proceedings had in court. The conformity of the
accused in the form of his signature affixed thereto is unnecessary in view of
the fact that: "an attorney who is employed to manage a party's conduct of a
lawsuit has prima facie authority to make relevant admissions by pleadings,
by oral or written stipulation, which unless allowed to be withdrawn are
conclusive." In fact, "judicial admissions are frequently those of counsel or of
the attorney of record, who is, for the purpose of the trial, the agent of his
client. When such admissions are made for the purpose of dispensing with
proof of some fact, they bind the client, whether made during, or even after,
the trial."
Note however, that the above is on the context of stipulated facts during pre
trial and not merely on statements made in the pleadings.