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Ching v. CA, 331 SCRA 16 (2000)

In the case of Ching v. CA, the petitioner faced charges of estafa and sought to suspend criminal proceedings based on a civil action, which was denied by the RTC-Makati. The Court ruled that an amended complaint supersedes the original, causing it to lose its status as a judicial admission unless formally offered in evidence. Consequently, the original complaint was deemed abandoned, and the court criticized the actions of the RTC-Manila for admitting the amended complaint.

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68 views1 page

Ching v. CA, 331 SCRA 16 (2000)

In the case of Ching v. CA, the petitioner faced charges of estafa and sought to suspend criminal proceedings based on a civil action, which was denied by the RTC-Makati. The Court ruled that an amended complaint supersedes the original, causing it to lose its status as a judicial admission unless formally offered in evidence. Consequently, the original complaint was deemed abandoned, and the court criticized the actions of the RTC-Manila for admitting the amended complaint.

Uploaded by

mae ann rodolfo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1. Ching v.

CA, 331 SCRA 16 (2000)

FACTS

petitioner was charged with four counts of estafa punishable under Article 315 par. 1(b) of the
Revised Penal Code, in relation to Presidential Decree 115, otherwise known as the "Trust Receipts
Law".

petitioner Ching, together with Philippine Blooming Mills Co. Inc., filed a case for declaration of nullity
of documents and for damages. sUBSEQUENTLY,Ching filed a petition before the RTC-Makati,
7

Branch 58, for the suspension of the criminal proceedings on the ground of prejudicial question in a
civil action which the RTC-Makati denied and set the criminal cases for arraignment and pre-trial.

petitioner brought before the Court of Appeals a petition for certiorari and prohibition which sought to
declare the nullity of the aforementioned orders and to prohibit the RTC-Makati from conducting
further proceedings in the criminal cases. Consequently, petitioner filed a motion for reconsideration
of the decision which the appellate court denied for lack of merit.

ISSUE

When will an allegation of a complaint cease to be judicial admission?

RULING

Under the Rules, pleadings superseded or amended disappear from the record, lose their status as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 extrajudicial admissions, they must, in order to have such effect, be formally offered in
evidence. If not offered in evidence, the admission contained therein will not be considered.
Consequently, the original complaint, having been amended, lost its character as a judicial
admission, which would have required no proof, and became merely an extrajudicial admission, the
admissibility of which, as evidence, required its formal offer. In virtue thereof, the amended complaint
takes the place of the original. The latter is regarded as abandoned and ceases to perform any
further function as a pleading. The original complaint no longer forms part of the record.

Thus, in the instant case, the original complaint is deemed superseded by the amended complaint.
Corollarily, the judicial admissions in the original complaint are considered abandoned. Nonetheless,
we must stress that the actuations of petitioner, as sanctioned by the RTC-Manila, Branch 53
through its order admitting the amended complaint, demands stern rebuke from this Court.

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