Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Evidence › Burden of Proof and Presumptions (Rule 131)
2. Conclusive Presumptions
Conclusive Presumption
ESTOPPEL IN PAIS – whenever a party has, by his or her own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he or she cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it. (Rule 131, Sec. 2[a])
Estoppel is effective only as between the parties thereto or their successors in interest. (Civil Code, Art. 1439)
Authorities
- Civil Code, Sec. 1439
- Rule 131, Sec. 2