Admission by the

adverse party
RULE 26
What is a request for admission?
- Sec. 1, Rule 26
IT IS A WRITTEN ADMISSION OF THE
 the genuineness of any material and relevant document described
in and exhibited with the request; or
 the truth of any material and relevant matter of fact set forth in the
request
Purpose
 To allow one party to request the adverse in writing to admit certain material
and relevant matters which most likely will not be disputed during the trial.
 To avoid unnecessary inconvenience to the parties in going through the rigors
of proof, before the trial.
Sec. 1, Rule 26
 WHEN?
 It should be filed at any time after the issues have been joined

 TO WHOM SHOULD THE REQUEST BE SERVED?

 The request for admission MUST BE SERVED ON THE PARTY and NOT ON THE COUNSEL
What is the effect of not filing a
written request for admission?
 The party shall not be permitted to present evidence on facts that are material
and relevant and which are, or ought to be, within the personal knowledge of
the other party, unless otherwise allowed by the court for good cause shown
and to prevent a failure of justice
2 WAYS OF MAKING SPECIFIC DENIAL
- Sec. 2, Rule 6

 denying specifically the matters of which an admission is requested, or

 setting forth in detail the reasons why he cannot truthfully either admit or deny
those matters.
When must the sworn statement be
filed?
 The sworn statement must be filed and served within a period designated in the
request, which shall not be less than 15 days after service thereof, or within such
further time as the court may allow on motion.

 If not filed within the said period --------> implied admission

May a party be compelled to admit
matters of fact already admitted in his
pleading?
 A party should not be compelled to admit matters of fact already admitted by
his pleading and to make a second denial of those already denied in his
answer to the complaint (PO vs. Court of Appeals)

 If the factual allegations in the complaint are the very same allegations set forth
in the request for admission and have already been specifically denied or
otherwise dealt with in the answer, a response to the request is no longer
required (Concrete Aggregates Co. v. Court of Appeals)
How do to avoid implied admission
-par. 2, sec. 2, rule 26
DEFERMENT OF SWORN STATEMENT

 HOW?
 Objections to any request for admission shall be submitted to the court by the
party requested
 WHEN?
 within period for filing sworn statement; or
 prior the filing of sworn statement

Compliance to the sworn statement shall be deferred until objections

are resolved, which resolution shall be made as early as practicable.
Effects of admission
- Sec. 3, Rule 26
 Admission made as a consequence of failure to comply
---------> Only for the purpose of the pending action
---------> Shall not constitute an admission by him for any other
purpose
---------> Cannot be used in any other proceeding
Withdrawal
- Sec. 4, Rule 26

 Admission are NOT FINAL AND IRREVOCABLE

thus, can be withdrawn or amended

 How do you withdraw an admission made?

 A motion to be relieved of the effects of his admission shall be filed
NOTE: Withdrawal must be with leave of court
Effect of failure to file and serve
request for admission – Sec. 5, Rule 26
 The party who fails to file and serve the request shall not be permitted to present
evidence on such facts
 Exception:Unless otherwise allowed by the court for good
cause shown and to prevent a failure of justice
THANK YOU!

Angelica Joyce B. Dy