Effect of amended pleadings


An amended pleading SUPERSEDES the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.  (Rule 10, Sec. 8. Effect of amended pleadings. Rules of Court)

As can be noted, there are admissions in the original pleadings. Now, what happens to such admissions in said pleadings?

They cease to be judicial admissions. Thus, they are to be considered as extrajudicial admissions and may be proved by the party relying thereon by formal offer in evidence of such original pleading. (Ching vs. CA, G.R. No. 110844, April 27, 2000)

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