Director of Lands v. IAC, ACME Plywood and Veneer Co. Digest

Director of Lands vs. Intermediate Appelate Court (IAC)
146 SCRA 509 December 29, 1986

Facts:

1. Defendant through his lawyer filed an answer therein admitting the averment in the complaint that the land was acquired by the plaintiff through inheritance from his parents, the former owners thereof. 

2.Subsequently, the defendant changed his counsel, and with leave of court, amended the answer. In the amended answer, the admission no longer appears. The alleged ownership of the land by the plaintiff was denied coupled with an allegation that the defendant is the owner of the land as he bought it from the plaintiff’s parents while they were still alive. 

3. After trial, the lower court upheld the defendant’s ownership of the land. On appeal, the plaintiff contended that the defendant is bound by the admission contained in his original answer. 

Issue: Whether or not the contention of plaintiff is correct

RULING: NO. The original pleading had been amended such that it already disappeared from the record, lost its status as a pleading and cease to be a judicial admission. While the said pleading may be utilized against the pleader as extrajudicial admission, they must, in order to have such effect, be formally offered in evidence.