Professional Documents
Culture Documents
159240
February 4, 2008
Petitioner Silot contends that his counsel Atty. San Jose merely admitted that
the subject of Goingos testimony was that stated in the offer of testimony, but he
did not admit the truth or veracity of the testimony. Silot adds that Atty. San Jose
could not and should not have admitted the testimony because he had no special
power of attorney to enter into such stipulations or to compromise his clients right
without the latters direct intervention.[8]
Respondent de la Rosa counters that clients are bound by the admissions as
well as the negligence of their counsel. She enumerates several Court decisions to
support her contention, among them the following cases:
(1) Ongson v. People,[9] where petitioner was held bound by his unqualified
admission that he received private complainants demand letter with notice of
dishonor. The admission binds him considering that he never denied receipt of the
notice of dishonor.
(2) Republic v. Sarabia,[10] where the Court held that an admission made in
the pleading cannot be controverted by the party making such admission and are
conclusive as to him.
(3) People v. Genosa,[11] Arroyo, Jr. v. Taduran,[12] Carandang v. Court of
Appeals,[13] in which cases the Court held that judicial admissions are conclusive
upon the party making it and may not be contradicted in the absence of prior
showing that the admission had been made through palpable mistake, or no
admission was in fact made.
(4) People v. Razul[14] and Lim v. Jabalde,[15] where it was held that
stipulations are recognized as declarations constituting judicial admissions, hence,
binding upon the parties.
purpose of dispensing with proof of some fact, [] they bind the client,
whether made during, or even after, the trial.[20] (Emphasis supplied.)
Clearly, given the circumstances of this case, the Court of Appeals did not
err in ordering petitioner to return to respondent the amount of P191,525.02
overpayment.
WHEREFORE, the instant petition is DENIED for lack of merit. The
Decision dated July 9, 2003 of the Court of Appeals in CA-G.R. CV No. 68062
is AFFIRMED.Petitioner Gregorio Silot, Jr. is hereby ordered to return the
amount of P191,525.02 to respondent Estrella de la Rosa, and to pay P20,000.00 as
attorneys fees. Costs against petitioner.
________________________________________________________________-
The general rule is that a client is bound by the counsels acts, including even
mistakes in the realm of procedural technique.[2] The rationale for the rule is that a
counsel, once retained, holds the implied authority to do all acts necessary or, at
least, incidental to the prosecution and management of the suit in behalf of his
client, such that any act or omission by counsel within the scope of the authority is
regarded, in the eyes of the law, as the act or omission of the client himself.[3] A
recognized exception to the rule is when the reckless or gross negligence of the
counsel deprives the client of due process of law. For the exception to apply,
however, the gross negligence should not be accompanied by the clients own
negligence or malice, considering that the client has the duty to be vigilant in
respect of his interests by keeping himself up-to-date on the status of the
case.Failing in this duty, the client should suffer whatever adverse judgment is
rendered against him.
ETER BEJARASCO, JR.,
Petitioner,
- versus -
October 2, 2013
gps
The Global Positioning System (GPS) is a satellite-based navigation system made up of a network of
24 satellites placed into orbit by the U.S. Department of Defense. GPS was originally intended for
military applications, but in the 1980s, the government made the system available for civilian use.
GPS works in any weather conditions, anywhere in the world, 24 hours a day. There are no
subscription fees or setup charges to use GPS.
How it works
GPS satellites circle the earth twice a day in a very precise orbit and transmit signal information to
earth. GPS receivers take this information and use trilateration to calculate the user's exact location.
Essentially, the GPS receiver compares the time a signal was transmitted by a satellite with the time
it was received. The time difference tells the GPS receiver how far away the satellite is. Now, with
distance measurements from a few more satellites, the receiver can determine the user's position
and display it on the unit's electronic map.