POWERPOINT

ADMISSION BY ADVERSE PARTY

(RULE 26)

Purpose of admission by adverse party

To allow one party to request the adverse party, in writing, to admit, certain material
and relevant matters which, most likely, will not be disputed during trial. To avoid
unnecessary inconvenience to the parties in going through the rigors of proof before the
trial, a party may request the other to:
a. Admit the genuineness of any material and relevant document described in
and exhibited with the request; or
b. Admit the truth of any material and relevant matter of fact set forth in the
request.
(Sec. 1, Rue 26, Rules of Court)

When request is made

A party may file and serve the written request at any time after issues have been joined.
(Sec. 1, Rue 26, Rules of Court)

Effect of not filling a written request of admission

1. As consequence of the failure to avail of this mode of discovery, 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.
(Sec. 5, Rule 26,Rules of Court)

2. Within one day from receipt of the complaint, the rule mandates not only the
preparation of the summons but also the issuance of an order requiring the
parties to avail of interrogatories to parties under Rule 25 and request for
admission by adverse party under Rule 26. The parties, however, may use, at
their discretion, depositions under Rule 23 or other measures under Rules 27 and
29 within five days from the filing of the answer.
(A.M. No. 03-1-09-SC, IA, 1, 1.1, 1.2, July 13, 2004)
Effect if failure to file and serve a sworn statement of denial
1. It is advisable for the party to whom the written request is directed to file and
serve upon the party requesting the admission a sworn statement either.
a. Specifically denying the matters of which admission is requested, or
b. If he does not deny the same, to set forth in detail the reasons why he cannot
truthfully admit or deny those matters.
This sworn statement shall be field and served within the period designated in
the request but which shall not be less than 15 days from the service of such
request, or within such further times as the court may allow.
(Sec. 2, Rule 26, Rules of Court)
2. If the party to whom the written request for admission is directed does not file
the required sworn statement, each of the matters of which an admission is
requested shall be deemed admitted (Sec. 2, Rule 26, Rules of Court).
A request for admission can be the basis of a summary judgement. The request
can be the basis thereof when its subject is deemed to have been admitted by the
party as a result of that party’s failure to respond to request.

Effect of admission
Any admission made by a party as a consequence of the failure to comply with the
request is only for the purpose of the pending action and shall not be deemed an
admission for any other purpose. Likewise, the admission cannot be used against the
admitting part in any other proceeding (Sec. 3, Rule 26, Rules of Court).
Deferment of compliance
To avoid the implied admission, the party requested may have the compliance of the
filing and service of the sworn statement deferred. This deferment may be effected by
the filing with the court objections to the request for admission. Compliance shall be
deferred until such objections are resolved by the court (Sec. 2, par. 2, Rule 26, Rules of
Court).
Withdrawal of admission
Admission made under this mode of discovery, whether express or implied, are not
final and irrevocable. The court may allow the party making the admission to withdraw
of amend the admission upon such terms as may be just. (Sec. 4, Rule 26, Rules of Court).
To effect the withdrawal, the admitting party should file a motion to be relieved of the
effects of his admission.