This case has been cited 2 times or more.
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2008-09-23 |
QUISUMBING, J. |
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| In addition, despite Urdaneta City's judicial admissions, the trial court is still given leeway to consider other evidence to be presented for said admissions may not necessarily prevail over documentary evidence,[43] e.g., the contracts assailed. A party's testimony in open court may also override admissions in the Answer.[44] | |||||
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2003-10-17 |
AUSTRIA-MARTINEZ, J. |
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| Petitioner argues that respondent Malinis did not deny her accusations and failed to answer the charges against him, indicating therefore the truth of her allegations.[35] Indeed, the general rule is that failure to deny allegations in the complaint results in admission thereof. [36] Such rule, however, is not absolute and admits of exceptions.[37] In Florentino Atillo III vs. Court of Appeals, Amancor, Inc. and Michell Lhuillier,[38] we held that in spite of the presence of judicial admissions in a party's pleading, the trial court is still given leeway to consider other evidence presented;[39] or, as in the present case, the absence of evidence for the petitioner to prove her claim. | |||||