ALFELOR VS HALASAN

March 31, 2006 | J. Callejo Sr. | Judicial Admission

PETITIONER: Joshua and Maria Katrina Alfelor
RESPONDENT: Josefina M. Halasan and Court of Appeals
SUMMARY: The children and heirs of late spouses Telesforo and Cecilia Alfelor filed a Complaint for Partition. One of their
children is Jose Alfelor. Among those who filed said complaint were Teresita Sorongon and her two children Joshua and Maria
Katrina, who claims to be the spouse and children of Jose Alfelor, respectively. Later, Josefina Halasan filed a Complaint-inIntervention claiming she has a legal interest in the matter because she is the surviving spouse and primary compulsory heir of Jose
Alfelor. Petitioners opposed the motion and the motion was set for hearing. Josefina did not appear but presented the Reply-inIntervention where Teresita declared that she knew "of the previous marriage of the late Jose K. Alfelor with that of the herein
intervenor" on February 1, 1956. Moreover, Teresita in her testimony said she knew that her husband had been previously married
to Josefina and that the two did not live together as husband and wife. RTC dismissed the Complaint-in-Intervention stating that e
intervenor failed to appear to testify in court to substantiate her claim. CA, through a Rule 65 petition filed by Josefina set aside the
decision of RTC ruling that Teresita had already admitted (both verbally and in writing) that Josefina had been married to the
deceased, and under Section 4, Rule 129 of the Revised Rules of Evidence, a judicial admission no longer requires proof.
DOCTRINE: SC agreed with CA and ruled that Josefina Halasan has a right to intervene in the case because as admitted by
plaintiff Teresita Alfelor in her Reply in-Intervention and in her testimony, there exist a previous marriage between Josefina
Halasan and Jose K. Alfelor. Thus, Josefina Halasan being a surviving spouse of Jose Alfelor is a legal heir and has interest in the
case. A party who judicially admits a fact cannot later challenge that fact as judicial admissions are a waiver of proof; production of
evidence is dispensed with. A judicial admission also removes an admitted fact from the field of controversy. Consequently, an
admission made in the pleadings cannot be controverted by the party making such admission and are conclusive as to such party,
and all proofs to the contrary or inconsistent therewith should be ignored, whether objection is interposed by the party or not. The
allegations, statements or admissions contained in a pleading are conclusive as against the pleader. A party cannot subsequently
take a position contrary of or inconsistent with what was pleaded.
FACTS:
1. On January 30, 1998, the children and heirs of the late
spouses Telesforo and Cecilia Alfelor filed a Complaint
for Partition before the Regional Trial Court (RTC) of
Davao City. One of the children of the deceased Alfelor
spouses is Jose K. Alfelor.
2. Among the plaintiffs in the said complaint were Teresita
Sorongon and her two children, Joshua and Maria Katrina,
who claims to be the surviving spouse and children of Jose
K. Alfelor.
3. On October 20, 1998, respondent Josefina H. Halasan
filed a Motion for Intervention alleging she has legal
interest in the matter of litigation in the above-entitled
case for partition. She claimed she is the surviving spouse
and primary compulsory heir of Jose K. Alfelor, one of
the children and compulsory heirs of Telesforo I. Alfelor.
4. Josefina attached to her pleading a copy of the marriage
contract which indicated that she and Jose were married
on February 1, 1956.
5. Since petitioners opposed the motion, the judge set the
motion for hearing. Josefina presented the marriage
contract as well as the Reply-in- Intervention filed by the
heirs of the deceased, where Teresita declared that she
knew "of the previous marriage of the late Jose K. Alfelor
with that of the herein intervenor" on February 1, 1956.
However, Josefina did not appear in court.
6. Teresita testified before the RTC on February 13, 2002.
She narrated she was married to Jose Alfelor. Moreover,
she said she knew that her husband had been previously
married to Josefina and that the two did not live together
as husband and wife. She knew that Josefina left Jose in
1959. Teresita further revealed that Jose told her that he
did not have his marriage to Josefina annulled because he

7.

8.

9.

believed in good faith that he had the right to remarry, not

having seen her for more than seven years.
On September 13, 2002, RTC of Davao City issued an
order that said denying the motion and dismissed
Josefinas complaint, ruling that respondent was not able
to prove her claim. The trial court pointed out that the
intervenor failed to appear to testify in court to
substantiate her claim. Citing Sarmiento v. Court of
Appeals, the RTC ruled that while Josefina submitted a
machine copy of the marriage contract, the lack of its
identification and the accompanying testimony on its
execution and ceremonial manifestation or formalities
required by law could not be equated to proof of its
validity and legality.
Josefina filed a Motion for Reconsideration but to no
avail. She then filed a Rule 65 Petition to the Court of
Appeals (CA) alleging that the RTC acted with grave
abuse of discretion amounting to lack or in excess of
jurisdiction in declaring that she failed to prove the fact
of her marriage to Jose, in considering the bigamous
marriage valid and declaring the second wife as legal heir
of the deceased.
In its Decision dated November 5, 2003, the CA reversed
the ruling of the trial court. It held that Teresita had
already admitted (both verbally and in writing) that
Josefina had been married to the deceased, and under
Section 4, Rule 129 of the Revised Rules of Evidence, a
judicial admission no longer requires proof.
Consequently, there was no need to prove and establish
the fact that Josefa was married to the decedent.

ISSUE:
The issue in this case is whether or not the first wife of a
decedent, a fact admitted by the other party who claims to be
the second wife, should be allowed to intervene in an action
for partition involving the share of the deceased "husband" in
the estate of his parents.
RULING: CONSIDERING THE FOREGOING, the
Decision of the Court of Appeals in CA-G.R. SP No. 74757 is
AFFIRMED. The Regional Trial Court, Branch 17, Davao
City, is ORDERED to admit respondent Josefina Halasan's
Complaint-in-Intervention and forthwith conduct the proper
proceedings with dispatch.
RATIO:
10. Josefa, being the surviving spouse of Jose as admitted by
the Petitioners, shall be allowed to intervene having an
interest in the matter under litigation. There was no need
to prove and establish the fact that Josefa was married to
the decedent.
11. Teresita Alfelor and her co-heirs, petitioners herein,
admitted the existence of the first marriage in their Replyin-Intervention filed in the RTC.

12. Likewise, when called to testify, Teresita admitted several

times that she knew that her late husband had been
previously married to another.
13. To the Court's mind, this admission constitutes a
"deliberate, clear and unequivocal" statement; made as it
was in the course of judicial proceedings, such statement
qualifies as a judicial admission. A party who judicially
admits a fact cannot later challenge that fact as judicial
admissions are a waiver of proof; production of evidence
is dispensed with.
14. A judicial admission also removes an admitted fact from
the field of controversy. Consequently, an admission made
in the pleadings cannot be controverted by the party
making such admission and are conclusive as to such
party, and all proofs to the contrary or inconsistent
therewith should be ignored, whether objection is
interposed by the party or not. The allegations, statements
or admissions contained in a pleading are conclusive as
against the pleader. A party cannot subsequently take a
position contrary of or inconsistent with what was
pleaded.