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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Plaintiff DeltaWorks, Ltd. sues Defendant Apex Builders, Inc. for P2,000,000 representing the price of civil works and materials for a building project. In Apex's Answer, Apex states: It is admitted that a contract for civil works existed and that portions of the work were performed; however, Apex contends that a change order reduced the scope and price, and that the claim should be limited to P1,000,000. (a) Identify the controlling doctrine under Rule 129, Sec. 4 and explain its effect on the admitted facts. (b) Can the admitted facts be contradicted or proven by other evidence? (c) What is the proper way to challenge or clarify the admission, and what steps should the court take to handle the admission during trial?

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Estoppel by admission; once an admission is made, the opposing party is barred from contesting the existence of the contract and performance, and no further evidence on that point is allowed. Contract interpretation doctrine; the admission of a contract existence controls the interpretation of all terms and conditions, making evidence of a change order irrelevant. Judicial admissions under Rule 129, Sec. 4; admitted facts are binding and cannot be contradicted by evidence, except that the admission may be explained or clarified; the proper remedy is a motion to clarify the admission, and the court should treat the admitted facts as established while allowing evidence on the non-admitted issues such as the amount due. The best evidence rule; the court may require documentary evidence to establish the admitted facts and exclude parol testimony.

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