ADMISSION / CONFESSION / CONDUCT / CHARACTER

Question 2

admission of a party

Answer 2

The act, declaration or omission of a party as to a relevant fact may be given in evidence against him or her.

A statement by the accused, direct or implied, of facts pertinent to the issue, and tending in connection with proof of other facts, to prove his guilt

Question 3

ADMISSIONS (ELEMENTS)

Answer 3

1. The act, declaration or omission
2. Of a party or by one whom he is legally bound
3. As to a relevant fact
4. Against his or her interest

Question 4

ADMISSIONS (REQ)

Answer 4

1. They must involve matters of fact;
2. They must be categorical and definite;
3. Offered only against the admitted

Question 5

ADMISSIONS - CIV CASE (GR/XPNS)

Answer 5

An offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror. Neither is evidence of conduct nor statements made in compromise negotiations admissible.

XPN

1. Evidence otherwise discoverable
2. Evidence offered for another purpose, as when:
   A. proving bias or prejudice of a witness
   B. negativing a contention of undue delay
   C. proving an effort to obstruct a criminal investigation or prosecution.

Question 6

ADMISSIONS- CRIM CASE (GR/XPNS)

Answer 6

An offer of compromise by the accused may be received in evidence as an implied admission of guilt.

XPNS
1. A plea of guilty later withdrawn

2. An unaccepted offer of a plea of guilty to a lesser offense
3. Statements made during plea bargaining that does not result in a plea of guilty
4. Statements made during plea bargaining which results in a plea of guilty later withdrawn
5. An offer to pay, or the payment of medical, hospital, or other expenses occasioned by an injury
6. Those involving quasi-offenses
7. Those allowed by law to be compromised

Question 7

Admissions by Third Party

Answer 7

The rights of a party cannot be prejudiced by an act, declaration, or omission of another

Question 8

Admissions by Third Party (XPN)

Answer 8

Exceptions:
Admission by Co-Partner or Agent
Admission by Conspirator
Admission by Privies

Question 9

Admissions by Co-Partner or Agent (req)

Answer 9

1. Evidence of the partnership or agency independent from the act or declaration;
2. Authority from the party to make a statement on the subject or the act or declaration was within the scope of the authority;
3. Existence of the partnership or agency at the time of the act or declaration; and
4. Such act or declaration shall pertain to matters subject of the partnership or agency.

Question 10

Admissions by Conspirator (REQ)

Answer 10

Requisites
1. Evidence aliunde (from another source) of the conspiracy apart from the act or declaration of the conspirator;

2. Admission is in furtherance of the conspiracy; and
3. Admission was made while the declarant was engaged in carrying out the conspiracy (during the existence of the conspiracy).

Question 11

Admissions by Privies (req)

Answer 11

1. One derives title to property from another
2. An act, declaration or omission by a predecessor-in-interest;
3. Such act, declaration, or omission of the predecessor-in-interest occurred while he was holding the title to the property; and
4. Such act, declaration, or omission is in relation to the property.

Question 12

Admissions by Silence (req)

Answer 12

1. He must have heard or observed the act tor declaration of the other person;
2. He must have had the opportunity or liberty to deny it;
3. The statement pertains to a matter affecting his rights or in which he was interested and which naturally calls for a response;
4. The facts were within his knowledge; and
5. The fact admitted from his silence is material to the issue

Question 13

Confessions

Answer 13

Confession is a categorical acknowledgement of guilt made by an accused of the offense charged or any offense necessarily included therein.

A confession is a specific type of admission which refers only to an acknowledgement of guilt.

Question 14

Requisites for Admissibility of Confessions

Answer 14

1. The confession must involve an express and categorical acknowledgment of guilt
2. The facts admitted must be constitutive of a criminal offense
3. The confession must have been given voluntarily and intelligently
4. There must be no violation of the constitutional rights of the accused under Section 12, Article III of the 1987 Philippine Constitution

Question 15

Judicial Confession

Answer 15

Judicial confession constitutes evidence of a high order. The presumption is that no sane person would deliberately confess to the commission of a crime unless prompted to do so by truth and conscience. Admission of guilt constitutes evidence against the accused pursuant to Rule 29 and Rule 30 of the Rules of Court. (People of the Philippines vs. Bascugin, G.R. No. 184704, June 30, 2009)

Question 16

Extrajudicial Confession

Answer 16

General Rule: An extrajudicial confession cannot sustain a conviction

Exception: When it is corroborated by evidence of the corpus delicti

(Rule 133, Sec. 3)

Question 17

Requisites for Admissibility of Extrajudicial Confessions

Answer 17

1. Voluntary;
2. Made with the assistance of a competent and independent counsel;
3. Express; and
4. In writing

Question 18

IS extrajudicial confession admissible against the confessor only?

Answer 18

YES. It is incompetent evidence against his/her co-accused for being hearsay and because of the res inter alios acta rule.

Question 19

XPNS TO extrajudicial confession admissible against the confessor ONLY

Answer 19

Exceptions:

1. If the co-defendants impliedly acquiesced in or adopted said confession;
2. Interlocking confessions - if the accused persons voluntarily and independently executed identical confessions without collusion and corroborated by other evidence; 3. Where the accused admitted the facts stated by the confessant after being apprised of such confession;
3. If they are charged as co-conspirators of the crime which was confessed by one of the accused and said confession is used only as corroborating evidence;

5.Where the confession is used as circumstantial evidence to show the probability of participation by the conspirator;

6.When the confessant testified for his co-defendant; and

7. Where the co-conspirator’s extrajudicial confession is corroborated by other evidence of record

Question 20

CONDUCT AND CHARACTER

Answer 20

Evidence that one did or did not do a certain thing at one time is not admissible to prove that he or she did or did not do the same or similar thing at another time;

• but it may be received to prove a specific intent or knowledge, identity, plan, system. scheme, habit, custom or usage, and the like. (34a)

Question 21

PREVIOUS CONDUCT AS EVIDENCE (GR)

Answer 21

GENERAL RULE:

Evidence that one did or did not do a certain thing at one time is not admissible to prove that he/she did or did not do the same or similar thing at another time.

Question 22

PREVIOUS CONDUCT AS EVIDENCE (XPN)

Answer 22

1. Specific intent or knowledge
2. Identity
3. Plan, system, or scheme
4. Habit
5. Custom or usage and the like