EVIDENCE by Riano Section 3.

Original document must be produced;

exceptions. – When the subject of the inquiry is the
Section 1. Evidence defined. – Evidence is the means
contents of a document, no evidence shall be
sanctioned by these rules, of ascertaining in a judicial
admissible other than the original document itself.
proceeding the truth respecting a matter of fact.
Bantolino vs. Coca Cola Bottlers, Inc.: The provisions of
To be considered evidence, the same must be
the Rules of Court do not apply to administrative or
sanctioned or allowed by the Rules of Court.
quasi-judicial proceedings.
Evidence is required because of the presumption that
Application of the Rules on Electronic Evidence
the court is not aware of the veracity of the facts
involved in a case. REE Section 2. Cases covered. – These Rules shall apply
to all civil actions and proceedings, as well as quasi-
The truth referred to in the Rule is the judicial or legal
judicial and administrative cases.
truth.
Scope of the Rules of Evidence
Rule 132 Section 34 provides that courts, as a rule, are
not authorized to consider evidence which has not Section 2. Scope. – The rules of evidence shall be the
been formally offered. same in all courts and in all trials and hearings, except
as otherwise provided by law or by these rules.
When evidence is required; When not required:
Evidence in Civil Cases distinguished from Evidence in
1. Where no factual issue exists in a case,
Criminal Cases
there is no need to present evidence.
2. When the pleadings in civil case do not 1. In civil cases, the party having the burden
tender an issue of fact, a trial need not be of proof must prove his claim by a
conducted since there is no more reason preponderance of evidence. In criminal
to present evidence. (Resort to judgment cases, the guilt of the accused has to be
on the pleadings.) proven by proof beyond reasonable doubt.
3. The parties to any action are allowed by
the Rules to agree in writing the facts 2. In civil cases, an offer of compromise is not
involved in the litigation and to submit the an admission of any liability, and is not
case for judgment upon the facts agreed admissible in evidence against the offeror.
upon, without the introduction of In criminal cases, except those involving
evidence. quasi-offenses or those allowed by law to
4. Evidence is not required on matters of be compromised, an offer of compromise
judicial notice. by the accused may be received in
evidence as an implied admission of guilt.
Applicability of the Rules of Evidence

The rules of evidence is applicable only to judicial 3. In civil cases, the concept of presumption
proceedings. of innocence does not apply and generally
there is no presumption for or against a
Section 4. In what cases not applicable. – These Rules party except in certain cases provided for
shall not apply to election cases, land registration, by law. In criminal cases, the accused
cadastral, naturalization and insolvency proceedings, enjoys the constitutional presumption of
and other cases not herein provided for, except by innocence.
analogy or in a suppletory character and whenever
practicable and convenient. Distinction between Proof and Evidence
It has also been ruled that a reliance on the technical Proof is the probative effect of evidence and is the
rules of evidence in labor cases is misplaced. conviction or persuasion of the mind resulting from a
Sasan vs. NLRC: Technical rules of evidence are not consideration of the evidence.
binding in labor cases. Evidence is the means by which a fact is proved or
Clarion Printing House, Inc. vs. NLRC: The NLRC is not disproved.
precluded in receiving evidence, even for the first time Falsus in Uno, Falsus in Omnibus (False in one thing,
on appeal, because technical rules of procedure are false in everything)
not binding in labor cases.
If the testimony of a witness on a material issue is Where there is even the least chance for the accused
willfully false and given with an intention to deceive, to be present at the crime scene, the defense of alibi
the jury may disregard all the witness’ testimony. will not hold water. (People vs. Castro)

However, modern trend in jurisprudence favors more

The defense of alibi assumes significance and strength
flexibility when the testimony of a witness may be
if the evidence of the prosecution is also intrinsically
partly believed and partly disbelieved depending on
weak. (People vs. Canlas)
the corroborative evidence presented at the trial.
(People vs. Negosa)
Frame-up
Before the maxim can be applied, the witness must be
shown to have wilfully falsified the truth on one or The defense of frame-up is viewed with disfavor as it
more material points. can easily be concocted.

People vs. Manalansan: The maxim falsus in unus, Commonly used as a defense in 9165 cases. However
falsus in omnibus does not lay down a categorical test there is a legal presumption that official duty has been
of credibility. While the witnesses may differ in their regularly performed.
recollections of an incident, it does not necessarily
follow from their disagreements that all of them For this claim to prosper, the defense must adduce
should be disbelieved as liars and their testimonies clear and convincing evidence to overcome the
completely discarded as worthless. presumption that government officials have performed
People vs. Pacapac: The (rule) maxim is not mandatory their duties in a regular and proper manner. (People
but merely sanctions a disregard of the testimony of a vs. Del Monte)
witness if the circumstances so warrant.
Self-defense
Alibi; Frame-up; Self-defense

As a defense, alibi is inherently weak and crumbles in Self-defense is inherently weak because it can easily be
the light of positive identification by truthful witness. It fabricated.
is evidence negative in nature and self-serving and
cannot attain more credibility than the testimonies of Factum Probans and Factum Probandum
prosecution witnesses who testify on clear and positive
evidence. Factum probandum is the fact to be proved; the fact
which is in issue and to which the evidence is directed.
For alibi to prosper, the accused must prove that it was
physically impossible for him to be present at the Factum probans is the probative or evidentiary fact
crime scene or its immediate vicinity at the time of its tending to prove the fact in issue.
commission.
Multiple Admissibility
Alibi cannot prevail over positive identification of the
accused as perpetrator of the crime.
When evidence is offered for two or more purposes.
Physical impossibility refers to the distance and the
facility of access between the situs criminis and the The purpose for which evidence is offered must be
place where he says he was when the crime was specified because such evidence may be admissible for
committed. several purposes under the doctrine of multiple
admissibility, or may be admissible for one purpose
For the defense of alibi to prosper, the following must
and not for another, otherwise the adverse party
be established:
cannot interpose the proper objection.
i. The presence of the accused in another place
at the time of the commission of the offense; Conditional admissibility
and
ii. The physical impossibility for him to be at the A proponent of the evidence may ask that the
scene of the crime at the time of its evidence be conditionally admitted in the meantime
commission. subject to the condition that he is going to establish its
relevancy and competency at a later time.

Curative admissibility
 one fair and reasonable conclusion that points to the
The doctrine allows a party to introduce otherwise accused to the exclusion of all others as the guilty
inadmissible evidence to answer the opposing party’s person.
previous introduction of inadmissible evidence if it Guidelines in the appreciation of circumstantial
would remove any unfair prejudice caused by the evidence:
admission of the earlier inadmissible evidence.
(Allowing the other party to introduce evidence to 1. It should be acted upon with caution;
contradict the evidence improperly admitted in order 2. All the essential facts must be consistent
to cure the evidence caused to the other party against with the hypothesis of guilt;
whom the offered evidence was erroneously 3. The facts must exclude every other theory
admitted.) but that of guilt; and
4. The facts must establish such certainty of
Note: The doctrine should not be invoked where guilt of the accused as to convince the
evidence is properly admitted. judgment beyond reasonable doubt that
the accused is the one who committed the
The principle of curative admissibility should not be offense.
made to apply where the evidence is admitted without
objection because the failure to object constitutes a Flight or Non-flight of the Accused
waiver of the inadmissibility of evidence. Where there
is a waiver, there is no evidence to cure. Non-flight does not indicate innocence.

Direct and Circumstantial Evidence However, in a case where the accused escaped from
detention during the pendency of the case, flight was
Direct evidence proves a fact without the need to considered as an indication of guilt or of his guilty
make an inference from another fact. mind. (People vs. Isang)

Circumstantial evidence is that evidence that indirectly Cumulative Evidence and Corroborative Evidence
proves a fact in issue through an inference which the
fact finder draws from the evidence established. (A Cumulative evidence refers to evidence of the same
fact is established by making an inference from a kind and character as that already given and that tends
previously established fact.) to prove the same proposition.

Conviction by Circumstantial Evidence Corroborative evidence is an evidence which tends to

confirm, validate, or strengthen evidence already
In a criminal case, circumstantial evidence may be presented.
sufficient for conviction provided the following
requisites concur: Corroboration of Testimony of a Child Witness

a. There is more than one (1) circumstance; Corroboration shall not be required of a testimony of a
b. The facts from which the inference is child.
derived are proven; and
c. The combination of all circumstances is His testimony if credible by itself, shall be sufficient to
such as to produce a conviction beyond support a finding of fact, conclusion or judgment
reasonable doubt. subject to the standard of proof required in criminal
and non-criminal cases.
All the circumstances proved must be consistent with
each other, and they are to be taken together as Positive and Negative Evidence
proved.
Evidence is said to be positive when a witness affirms
If the totality of the circumstances eliminates beyond in the stand that a certain state of facts does exist or
reasonable doubt the possibility of innocence, that a certain event happened.
conviction is proper.
Evidence is negative when the witness states that an
Conviction can be upheld provided the circumstances event did not occur or that the state of facts alleged to
proven constitute an unbroken chain which leads to exist does not actually exist.
 Inadmissible Evidence Under Anti-wiretapping Law
A denial is a negative evidence. It is an inherently weak (R.A. No. 4200)
defense. To be believed, it must be buttressed by
Evidence obtained in violation of RA 4200 shall not be
strong evidence of non-culpability; otherwise, such
admissible in evidence in the following proceedings:
denial is purely self serving and is with no evidentiary
value. A. Judicial;
B. Quasi-judicial;
Liberal Construction of the Rules of Evidence C. Legislative;
D. Administrative hearings or investigations
The rules of evidence must be liberally construed.
The rules of electronic evidence shall likewise be What RA 4200 protects are private conversations and
construed liberally. communications.

It is considered unlawful to:

Absence of a Vested Right in the Rules of Evidence
A. Secretly overhear;
There is no vested right in the rules of evidence B. Intercept; or
because the rules of evidence are subject to change by C. Record private communication or spoken
the Supreme Court. word when doing so is without authority of
all the parties to such private
Waiver of the Rules of Evidence communication.

Extension telephone line cannot be placed under the

The rules of evidence may be waived. category of enumerated devices in RA 4200.

When an otherwise objectionable evidence is not RA 4200 also considers it unlawful to knowingly
objected to, the evidence becomes admissible because possess any tape record, wire record, disc record, or
of waiver. any such record, or copies thereof of any
communication or spoke word secured or obtained in a
As long as no law or principles of morality, good manner violative of the law.
customs and public policy are transgressed or no rights
It is unlawful to replay the same to any other person.
of third persons are violated, the rules of evidence may
be waived by the parties. It is unlawful to communicate the contents thereof
either verbally or in writing to another.
Failure to object with respect to a privileged
The law also prohibits the furnishing of transcriptions
communication involving state secrets communicated
of the recorded communication , whether complete or
to a public officer in official confidence should not be
partial to any other person.
construed as a waiver of the privileged character of the
communication because of public policy considerations The punishable acts mentioned would not constitute a
as when the state secret is one involving national violation of the law if done by a peace officer
defense and security. authorized by a written order of the court in cases
involving:
ADMISSIBILITY OF EVIDENCE
A. Treason;
Section 3. – Admissibility of evidence. – Evidence is B. Espionage;
admissible when it is relevant to the issue and is not C. Provoking war and disloyalty in case of
excluded by the law or these rules. war;
D. Piracy;
For evidence to be admissible, two elements must E. Mutiny in high seas;
concur, to wit: F. Rebellion;
G. Conspiracy and proposal to commit
A. The evidence is relevant; and rebellion;
B. The evidence is not excluded by the rules H. Inciting to rebellion;
(competent). I. Sedition;
J. Conspiracy to commit sedition;
To be admissible, evidence must be both relevant and K. Inciting to sedition; and
competent. L. Kidnapping
A police or law enforcement official may listen to, When petitioner do not object o the illegality of his
intercept and record, any communication, message, arrest and instead participated in the trial of the case,
conversation, discussion, or written or spoken words petitioner is to be deemed to have submitted to the
between the following: jurisdiction of the court, thus curing the defect of his
arrest. Valdez vs. People
A. Members of a judicially declared and
outlawed terrorist organization,
Side Note
association; or
B. Group of persons or of any person charged
Elements of illegal possession of dangerous drugs:
with or suspected of the crime of terrorism
or conspiracy to commit terrorism.
A. The accused is in possession of an item or
Any of the above acts may not however, be done object which is identified to be a
without a written order of the Court of Appeals upon prohibited drug;
written application by a police or law enforcement
official authorized by the Anti-terrorism Council. B. Such possession is not authorized by law;
(Requires only ex party application.) and

Before written order is issued, applicant and the C. The accused freely and consciously
witness he may produce shall be examined under oath possessed the said drug
or affirmation and must establish the following
matters:

A. There is probable cause to believe that the On the third element, the possession must be with
crime of terrorism or conspiracy to commit knowledge of the accused. There must be an intent to
terrorism has been committed, or is being possess. Actual or constructive possession.
committed or is about to be committed
based upon the personal knowledge of the Possession is constructive when the drug is under the
applicant of facts and circumstances dominion and control of the accused or when he has
indicating the same; the right to exercise dominion and control over the
place where it is found.
B. There is probable cause to believe based
on personal knowledge of facts and Relevant Evidence
circumstances that evidence essential to
the conviction of the charged or suspected For an evidence to be relevant, it must have a relation
person, or evidence that would solve or to the fact in issue as to induce belief in its existence or
prevent the crime, will be obtained; and non-existence.

C. There is no other effective means readily Note: The fact in issue must be a disputed fact. Where
available for acquiring such evidence. there is no issue as a matter of fact, there exist no
purpose for an item of evidence.

The length of time of the said authorization shall be Relevance further requires that the immediate fact
indicated in the written order which shall not exceed proven must have a connection to the ultimate issue.
30 days from receipt by the applicant. May be renewed
for a non-extendable period of 30 days upon proper Test for Determining the Relevancy of Evidence
application.
Logic and common sense.
Inadmissible Evidence in Connection with Arrests,
Searches and Seizures There is no precise and universal test of relevancy
provided by law. However, the determination of
Reliable information alone, absent any overt act whether particular evidence is relevant rests largely at
indicating of a felonious enterprise in the presence and the discretion of the court, which must be exercised
within the view of the arresting officers, is not according to the teachings of logic and everyday
sufficient to constitute probable cause that would experience. People vs. Galleno
justify an in flagrante delicto arrest. People vs. Binad
Relevance of Evidence on the Credibility of a Witness
 As a rule, evidence on collateral matter is not allowed
Evidence on the credibility or lack of it of a witness is because it does not have direct relevance to the issue
always relevant. of the case.

Every type of evidence sought to be admitted, whether Exception:

it be an object or a document, requires the testimony
of a witness who shall identify, testify and affirm or It will be admitted if it has the tendency to induce
deny the authenticity of the evidence. belief as to the probability or improbability of the
issues of the case as when it would have the effect to
The credibility of a witness may be tested in cross- corroborating or supplementing facts previously
examination. established by direct evidence.

Any objection to a question that intends to Admissible Evidence Distinguished from Credible
demonstrate the lack or absence of credibility of the Witness
witness on the ground that it is irrelevant or merely
collateral does not deserve to be sustained. The term admissible means that the evidence is of
When questions of the cross-examiner are such a character that the court, pursuant to the rules
circumscribed by the matters taken up in the direct of evidence, is bound to receive it or to allow it to be
examination: introduced at the trial.

a. An accused may testify as a witness on his The term credibility refers to worthiness of belief, that
own behalf but subject to cross- quality which renders a witness worthy of belief.
examination on matters covered by direct
examination. Admissibility and Weight of Evidence

b. A hostile witness may be impeached and Admissibility refers to the question of whether certain
cross-examined by the adverse party, but pieces of evidence are to be considered at all. The
such cross-examination must only be on admissibility of the evidence depends on its relevance
the subject of his examination-in-chief. and competence.

Competent Evidence Probative value refers to the question of whether the

admitted evidence proves an issue. The weight of
Competent evidence is one that is not excluded by law evidence pertains to its tendency to convince and
in a particular case. If the law or a particular rule persuade.
excludes the evidence, it is incompetent.

If evidence offered is objectionable, the objection

should specify the ground for its incompetence such as
leading, hearsay or parol.

Competence of Electronic Evidence

Electronic evidence is competent evidence and is

admissible if it complies with the rules on admissibility
prescribed by the Rules of court and is authenticated in
a manner prescribed.

Collateral Matters

The term connotes an absence of direct connection

between the evidence and the matter in dispute.

When Collateral Matters are Allowed

 The function of judicial notice is to abbreviate litigation
by the admission of matters that need no evidence
because the judicial notice is a substitute for a formal
proof of a matter by evidence.

Judicial notice takes the place of proof and is of equal

force. It displaces evidence and takes the purpose for
which the evidence is designed to fulfill.

When Judicial Notice is Mandatory

When a matter is subject to a mandatory judicial

notice, no motion or hearing is necessary because this
is a matter which a court ought to take judicial notice
of.

JUDICIAL NOTICE AND ADMISSION The following are matters subject to mandatory judicial
notice:
Judicial Notice A. The existence and territorial extent of
states;
Relevant provision of judicial notice:
B. The political history, forms of government
Section 1. Judicial notice, when mandatory. – A court and symbols of nationality of states;
shall take judicial notice, without the introduction of
evidence, of the existence and territorial extent of C. The law of nations;
states, their political history, forms of government and
symbols of nationality, the law of nations, the D. The admiralty and marine courts of the
admiralty world and their seals;
And maritime courts of the world and their seals, the
political constitution and the history of the Philippines, E. The political constitution and history of the
the official acts of the legislative, executive and judicial Philippines;
departments of the Philippines, the las of nature, the
measure of time, and geographical divisions. F. The official acts of the legislative,
executive, and judicial departments of the
Section 2. – Judicial notice, when discretionary.- A Philippines;
court may take judicial notice on matters which are off
public knowledge, or are capable of unquestionable G. The laws o the nature;
demonstration or ought to be known to judges
because of their judicial functions. H. The measure of time; and

Section 3. Judicial notice, when hearing necessary.- I. The geographical divisions.

During the trial, the court on its own initiative, or on
When Judicial Notice is Discretionary
request of a party, may announce its intention to take
judicial notice of any matter and allow the parties to be the principles of discretionary judicial notice will apply
heard thereon. where the following requisites are met:

After the trial, and before judgment or on appeal, the a. The matter must be one of common
proper court on its own initiative or on request of a knowledge;
party, may take judicial notice on any matter and allow b. The matter must be settled beyond
the parties to be heard thereon if such matter is reasonable doubt (f there is uncertainty
decisive of a material issue in the case. about the matter, then evidence must be
adduced); and
Function of Judicial Notice c. The knowledge must exist within the
jurisdiction of the court.
The principal guide in determining what facts may be generally known, had been ruled upon in previous
assumed to be judicially known is that of notoriety. cases before it and non of the parties claim otherwise.

Matters which are capable of unquestionable Judicial Notice of Municipal Ordinances

demonstration pertain to fields of profession and
Municipal trial courts must take judicial notice of
scientific knowledge.
municipal ordinances in force in the municipality in
Matters ought to be known by judges because of their which they sit.
judicial functions may be in the form facts which are
RTC same as above but only when so required by law.
ascertainable from the record of the court
It must also take judicial notice of ordinances on
proceedings.
appeal to it from the inferior court in which the latter
Before taking such judicial notice (discretionary judicial took judicial notice of.
notice), the court must allow the parties to be heard
The Court of appeals may also take judicial notice of
thereon.
municipal ordinances because nothing in the rule
Any reasonable doubt on the matter sought to be prohibits it from taking cognizance.
judicially noticed must be resolved against the taking
Judicial Notice of a Court’s Own Acts and Records
of judicial notice.
A court may take judicial notice of its own acts and
Judicial Notice and Knowledge of the Judge
records in the same case.
The mere personal knowledge of the judge is not the
No Judicial Notice of Records of Other Case;
judicial knowledge of the court.
Exceptions
Stage When Judicial Notice May Be Taken
As a rule, courts are not authorized to take judicial
The court can take judicial notice of a fact during or notice of the contents of the records of other cases
after trial. even if tried or pending in the same court.

During trial Exceptions:

The court may announce its intention to take judicial a. When in the absence of any objection,
notice on any matter on its own initiative or on the with the knowledge of the opposing party,
request of any party and allow the parties to be heard. the contents of said other case are clearly
This hearing is only for the purpose of determining the referred to by title and number in a
propriety of taking judicial notice. pending action and adopted or read into
the record of the latter; or
After trial and before judgment. Judicial notice may
also be taken during appeal
b. When the original record of the other case
The proper court, on its own initiative or on request of or any part of it is actually withdrawn from
a party may take judicial notice of any matter and the archives at the court’s discretion upon
allow the parties to be heard I such matter is decisive the request, or with the consent, of the
of a material issue in the case. parties, and admitted as part of the record
of the pending case.
Judicial Notice on Foreign Law; Doctrine of Processual
Presumption Rule on Judicial Notice of Post Office Practices
In general, the courts of the forum will not take judicial
notice of the law prevailing in another country. It is not a proper subject of judicial notice.

Foreign laws must be alleged and proved. Judicial Notice on Banking Practices
In the absence of proof, the foreign law will be
presumed to be the same as the laws of the The court has taken judicial notice on practices of
jurisdiction hearing the case. – Doctrine of processual banks and other financial institutions (the conducting
presumption of background checks on borrowers and sureties)
under Rule 129 Section 2 (Discretionary Judicial
Except: The the foreign law is within the actual Notice).
knowledge of the court such as when the laws is
Judicial Notice of Financial Condition of the To be judicial admission, certain elements must be
Government considered:

a. Made by a party to the case;

La Bugal-B’laan Tribal Association vs. Ramos answers in
b. Made in the course of the proceeding in
affirmative.
the same case;
c. Verbal or written.
Judicial Notice of Presidential Powers Under the Law
A party may make judicial admissions in:
Yes, subject to mandatory judicial notice.
a. the pleadings;
Judicial Notice of Other Matters b. during the trial, either verbal or written; or
c. other stages of judicial proceeding
a. General increase in rentals of real estate of Admissions in Drafted Documents
business establishments but not the
reasonable amount of increase. Documents drafted and intended to be filed as a
b. A court cannot take judicial notice of an pleading is not a judicial admission.
administrative regulation or of a statute If signed, it is considered extrajudicial admission.
that is not yet effective.
c. MTC and MCTC judges may act as notaries If signed only by the attorney, it is not an admission of
public ex officio in the notarization of the party.
documents connected only with their
The authority of an attorney to make statements for
exercise of their official functions and
the client extend only to the statements made in open
duties. Private documents not included.
court or in pleadings filed with the court.
d. MCTC and MTC judges assigned to
municipalities or circuits with no lawyers Admissions Made in Pleadings and Motions
or notaries public may, in the capacity as
Admissions made in the pleadings of a party are
notaries public ex officio, perform any act
deemed judicial admissions.
within the competency of a regular notary
public, provided that: The admissions made in a motion are judicial
admissions.
i. all notarial fees be for the account of the
government and turned over to municipal Note: An answer is a mere statement of fact which the
treasurer; and party filing it expects to prove, but it is not evidence.
ii. a certification be made in the notarized An admission may likewise be inferred from the failure
documents attesting the lack of any lawyer to specifically deny the material allegations in the
or notary public in such municipality or other party’s pleading. Exception: failure specifically
circuit. deny immaterial allegations, conclusions, non-ultimate
facts in the pleading, and amount of unliquidated
e. Judicial notice of the age of the victim is damages.
not proper.
f. It can be judicially noticed that the scene Implied Admissions of Allegations of Usury
of the rape is not always nor necessarily If the complaint makes an allegation of usury to
isolated or secluded. recover usurious interest, the defendant must not only
g. The Court ruled in a case, that a court may specifically deny the same but must likewise do so
take judicial notice of a matter within the under oath.
locality where the court sits.
Implied Admissions of Actionable Documents

Judicial Admissions When an action or defense is founded upon a written

instrument, the failure to deny the genuineness and
Section 4. Judicial admissions. – An admission, verbal due execution of a document amounts to a judicial
or written, made by a party in the course of admission. He then will be precluded from arguing that
proceedings in the same case, does not require proof. the document is a forgery.
The admission may be contradicted only by showing
that it was made through palpable mistake or that no Admissions in the Pre-trial of Civil Cases
such admission was made.
Admissions in the pre-trial, depositions, interrogatories
or requests for admission are judicial admissions.

Admissions in the Pre-trial of Criminal Cases

An admission made by the accused in the pre-trial of

criminal case is not necessarily admissible against him.
To be admissible, the conditions set forth by Section 2
of Rule 118 must be complied with, to wit:

Section 2. Pre-trial agreement. – All agreements or

admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by
the accused and counsel, otherwise they cannot be
used against the accused.

Note: A stipulation of facts entered into by the

prosecution and defense counsel during trial in open
court is automatically reduced in writing and contained
in the official transcript of proceedings had in court.

Implied Admissions in the Modes of Discovery