CHING vs CA

331 SCRA 16
April 27, 2000

Facts:

Ching was charged before the RTC Makati with four counts of estafa under Art 315 par.
1(b) of the RPC, in relation to the “Trust Receipts Law.” Ching filed a case before the RTC
Manila for declaration of nullity of documents and for damages. Ching asked for suspension of
criminal prosecution on the ground of prejudicial question, RTC denied. Ching moved to
reconsider but the same was denied. CA denied the appeal.

Notwithstanding the decision of CA, the RTC-Manila admitted Ching’s amended

complaint which, inter alia, prayed the court for a judgment:

Declaring the transaction as one of "pure and simple loan with the trust receipts as mere
additional or side documents" contrary to petitioners allegation in his original complaint
that the trust receipts were executed as collateral or security.

Issue:

Whether the judicial admission in the original complaint was abandoned by virtue of an
amended complaint

Held:

Pleadings superseded or amended disappear from the record, lose their status as pleadings
and cease to be judicial admissions. While they may nonetheless be utilized against the pleader
as extrajudicial admissions, they must be formally offered in evidence.

If not offered in evidence, the admission contained therein will not be considered.
Consequently, the original complaint, having been amended, lost its character as a judicial
admission, which would have required no proof, and became merely an extrajudicial admission,
the admissibility of which, as evidence, required its formal offer. The amended complaint takes
the place of the original. The latter is regarded as abandoned and ceases to perform any further
function as a pleading. The original complaint no longer forms part of the record.