● The authority of an attorney to bind his client as to any admission of facts made by him is limited to matters of judicial procedure. An admission which operates as a waiver, surrender, or destruction of the client's cause is beyond the scope of the attorney's implied authority.


Facts:

Accused Hermanes was charged with the crime of rape committed against his stepdaughter. In the course of trial, accused, through counsel, filed a manifestation admitting responsibility for the rape, and asked for forgiveness from complainant and the public in general. Likewise, appellant manifested that he would present evidence to prove certain mitigating circumstances in his favor and reiterated his request for the trial court to recommend executive clemency. However, despite having been given ample opportunity to prove supposed mitigating circumstances, accused inexplicably defaulted thereat. Thus the case was submitted for final resolution. The trial court convicted accused. 


Issue:

Is the admission conclusive upon the accused?


Held:

No. A perusal of the manifestation filed by Atty. Nicolasora on behalf of appellant shows that it was signed only by Atty. Nicolasora, not by appellant. While we stated that an admission made in the pleadings cannot be controverted by the party making such admission and that the same is conclusive as to him, it is also hornbook doctrine that the authority of an attorney to bind his client as to any admission of facts made by him is limited to matters of judicial procedure. An admission which operates as a waiver, surrender, or destruction of the client's cause is beyond the scope of the attorney's implied authority. In this case, Atty. Nicolasora's admission that appellant was heavily intoxicated at the time of the incident and that he had no intention to commit so grave a wrong as that committed practically frittered away appellant's case in favor of the prosecution. The manifestation cannot thus be held as an admission by appellant of his guilt. (People vs. Hermanes, G.R. No. 139416, March 12, 2002)