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    G.R. No. L-31408 April 22, 1991

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    Kikoy Ilagan
    Borromeo Bros. Estate, Inc. filed an application for registration of land title alleging the land was formed by accretion from nearby rivers. Borromeo later amended the application to allege the land was formed by accretion from the sea instead of rivers. The Director of Lands argued the original application stating river accretion was a binding judicial admission. The Supreme Court held that amended pleadings lose their status as judicial admissions and must be formally introduced as evidence to be used as extra-judicial admissions against the party. Since the original application was not introduced as evidence, it was not a binding admission against Borromeo. The Court of Appeals decision affirming the land registration was affirmed.

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    G.R. No. L-31408 April 22, 1991

    Uploaded by

    Kikoy Ilagan
    137 views1 page
    Borromeo Bros. Estate, Inc. filed an application for registration of land title alleging the land was formed by accretion from nearby rivers. Borromeo later amended the application to allege the land was formed by accretion from the sea instead of rivers. The Director of Lands argued the original application stating river accretion was a binding judicial admission. The Supreme Court held that amended pleadings lose their status as judicial admissions and must be formally introduced as evidence to be used as extra-judicial admissions against the party. Since the original application was not introduced as evidence, it was not a binding admission against Borromeo. The Court of Appeals decision affirming the land registration was affirmed.

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    DOl v. CA

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    Borromeo Bros. Estate, Inc. filed an application for registration of land title alleging the land was formed by accretion from nearby rivers. Borromeo later amended the application to allege the land was formed by accretion from the sea instead of rivers. The Director of Lands argued the original application stating river accretion was a binding judicial admission. The Supreme Court held that amended pleadings lose their status as judicial admissions and must be formally introduced as evidence to be used as extra-judicial admissions against the party. Since the original application was not introduced as evidence, it was not a binding admission against Borromeo. The Court of Appeals decision affirming the land registration was affirmed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    137 views1 page

    G.R. No. L-31408 April 22, 1991

    Uploaded by

    Kikoy Ilagan
    Borromeo Bros. Estate, Inc. filed an application for registration of land title alleging the land was formed by accretion from nearby rivers. Borromeo later amended the application to allege the land was formed by accretion from the sea instead of rivers. The Director of Lands argued the original application stating river accretion was a binding judicial admission. The Supreme Court held that amended pleadings lose their status as judicial admissions and must be formally introduced as evidence to be used as extra-judicial admissions against the party. Since the original application was not introduced as evidence, it was not a binding admission against Borromeo. The Court of Appeals decision affirming the land registration was affirmed.

    Copyright:

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    G.R. No. L-31408 April 22, 1991 THE DIRECTOR OF LANDS, petitioner, vs.

    THE COURT OF APPEALS and BORROMEO BROS. ESTATE, INC., respondents. Doctrine: Pleadings that have been 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 extra-judicial admissions, they must, in order to have such effect, be formally offered in evidence. Facts: Private respondent Borromeo Bros. Estate, Inc. instituted in the Court of First Instance of Leyte original proceedings for confirmation and registration of title in its favor of a parcel of land fronting the sea in the coastal town of San Isidro, Leyte. The application alleged, among others, that the land had been formed by accretion of sediments carried from the highlands by the natural action of the Si- ong and Sinubdan Rivers when these overflowed their banks during the rainy season. The Director of Lands and the Municipality of San Isidro filed their respective oppositions. The case was then heard. It would appear that after Borromeo had presented its evidence, it sought and was allowed to amend its application, which originally alleged that the land applied for had been formed of alluvium deposited by the action of the sea, in order to allege, that said land had been formed instead from accretions of soil and sediment carried from higher places by the currents of the Si-ong and Sinubdan Creeks. The Trial Court rendered judgment denying the application. On appeal, the Court of Appeals reversed the decision of the Trial Court, and decreed its registration in the name of Borromoeo. Hence, this Appeal.

    Issue/s: Whether or not the amended application was binding on the private respondent as a judicial admission. Held: No. The Supreme Court held that the Court of Appeals correctly overruled the petitioner's contention that the averment in the original application for registration attributing the origin of the land to the action of the sea, which averment, with leave of court, was later superseded by an amendment to the effect that the land was formed by the action of rivers, was binding on the private respondent as a judicial admission. Pleadings that have been 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 extra-judicial admissions, they must, in order to have such effect, be formally offered in evidence. It does not appear that the original application for registration containing the averment in question, or that particular averment itself, was offered or received in evidence for the petitioner in the Trial Court. Dispositive: WHEREFORE, the Decision of the Court of Appeals subject of the petition for review is AFFIRMED, without pronouncement as to costs.

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