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    This case involved a plaintiff appealing a trial court's decision to reduce the interest on unpaid purchases from a defendant's bounced checks from 12% to the legal interest rate and attorney's fees from 25% to 5,000 pesos. The trial court found the plaintiff was estopped based on the reliefs prayed for in the original complaint, but the original complaint was not formally offered as evidence after being amended. Since the original complaint was not admitted as evidence, there was no proof the plaintiff was estopped based on the allegations in the original complaint.

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    KatherinePolinasSadioa
    171 views1 page
    This case involved a plaintiff appealing a trial court's decision to reduce the interest on unpaid purchases from a defendant's bounced checks from 12% to the legal interest rate and attorney's fees from 25% to 5,000 pesos. The trial court found the plaintiff was estopped based on the reliefs prayed for in the original complaint, but the original complaint was not formally offered as evidence after being amended. Since the original complaint was not admitted as evidence, there was no proof the plaintiff was estopped based on the allegations in the original complaint.

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    Digest Evidence

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    This case involved a plaintiff appealing a trial court's decision to reduce the interest on unpaid purchases from a defendant's bounced checks from 12% to the legal interest rate and attorney's fees from 25% to 5,000 pesos. The trial court found the plaintiff was estopped based on the reliefs prayed for in the original complaint, but the original complaint was not formally offered as evidence after being amended. Since the original complaint was not admitted as evidence, there was no proof the plaintiff was estopped based on the allegations in the original complaint.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    171 views1 page

    57

    Uploaded by

    KatherinePolinasSadioa
    This case involved a plaintiff appealing a trial court's decision to reduce the interest on unpaid purchases from a defendant's bounced checks from 12% to the legal interest rate and attorney's fees from 25% to 5,000 pesos. The trial court found the plaintiff was estopped based on the reliefs prayed for in the original complaint, but the original complaint was not formally offered as evidence after being amended. Since the original complaint was not admitted as evidence, there was no proof the plaintiff was estopped based on the allegations in the original complaint.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Javellana v. D. O. Plaza Enterprises, Inc.

    32 SCRA 261

    Facts
    Plaintiff appealed to the amended decision of the trial court reducing 12% to legal interest and
    25% to P5,000.00, for interest and attorneys fees, respectively, from the unpaid purchases of
    defendant, which issued two sets of bouncing check. The trial court found that plaintiff is estopped, in
    that his original complaint prayed for legal interest plus P5,000.00 attorneys fees. There was an
    amended complaint however which prayed for 12% interest and 25% attorneys fees.

    Issue
    Will the reliefs prayed for in the original complaint be admitted?

    Held
    The original complaint was not formally offered in evidence. Having been amended, the
    original complaint 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, requires its formal
    offer.
    Since the record does not show that the original complaint was admitted in evidence, there is
    no proof of estoppel on the part of the plaintiff on his allegations therein.

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