Extrajudicial Admissions and Confessions (10)

Question 1

what is the concept of an ADMISSION?

Answer 1

An admission refers to a voluntary acknowledgment, in express terms or by implication, by a party- in-interest or by another by whose statement he is legally bound, against his interest, of the existence or truth of a fact in dispute material to the issue.

It is an acknowledgment of fact/s opposite or contrary to the fact/s raised or positions taken by a party in court.

Question 2

what is the reason for the rule that an act, declaration, or omission of a party as to a relevant fact may be given in evidence against him?

Answer 2

The admissibility of a party admission does not rest upon the fact that it is against the interest of the party/admitter but upon the adversary theory of litigation. A party declarant can hardly object that he had no opportunity to cross-examine himself or that he is unworthy of credence save when speaking under the sanction of an oath

Question 3

Requisites for EXTRAJUDICIAL admission

Answer 3

1. Involve matters of fact, and not of law;
2. Categorical and definite;
3. Be knowingly and voluntarily made;
4. Adverse to the admitter’s interests (need not be adverse at the time the declaration was made; it is enough that it is adverse to the present position taken by the declarant);
5. Made out of court or made in court during the proceedings of a case other than the case under consideration

Question 4

Two (2) Ways to Introduce an Admission as Evidence:

Answer 4

1. as independent evidence
2. as impeaching evidence

Question 5

what are self-serving declarations?

Answer 5

Statements made by the declarant out of court advocating his own interest/ favorable to his/her interests. They are inadmissible on the ground of hearsay. But if made in open court, they are admissible as the witness-declarant can be cross-examined.

Question 6

Admission against interest (AIA sec 26)

vs

Declaration against interest (DAI sec 38)

Answer 6

AIA 26
- declarant doesn’t need to die
- admission is admissible against the declarant only

DAI 38
- declarant must be dead [or] unable to testify
- declaration is binding not only against the declarant but also declarant’s successor-in-interest, even 3rd parties

Question 7

Kinds of Implied Admission

Answer 7

1. offer of compromise
2. plea of forgiveness
3. offer of marriage
4. offer to pay money

Question 8

implied admission > 1 offer of compromise

Rule on COMPROMISE and its in/admissibility

Answer 8

[NOT admissible] as implied admission of liability in civil cases (it is in fact encouraged)

compromise in criminal case [admissible]

Question 9

implied admission > 1 offer of compromise

GR

Answer 9

offer of compromise, if rejected, can be used as evidence of guilt

Question 10

Implied Admission > Offer of Compromise > GR

XPNs

Answer 10

1. Quasi-offenses committed through negligence under Art. 369 of RPC
2. Where the law allows compromise in criminal cases
3. Offer to plea of guilt to a lesser offense
4. When the Good Samaritan Rule applies

Question 11

Implied Admission > Offer of Compromise > GR > XPNs

Quasi-offenses committed through negligence under Art. 369 of RPC

Answer 11

a. Reckless Imprudence resulting in homicide
b. Reckless Imprudence resulting in physical injuries
c. Reckless Imprudence resulting in damage in property

Question 12

Implied Admission > Offer of Compromise > GR > XPNs

where law allows compromise in criminal cases

Answer 12

tax evasion to the effect that if the offer of compromise is rejected, it CANNOT be used to prove liability

Question 13

Implied Admission > Offer of Compromise > GR > XPNs

offer to plea of guilt to a lesser offense

What happens if your client makes an offer that is rejected by the prosecutor and the private offended party?

Answer 13

That offer to plead guilty to a lesser offense is not admissible to prove implied admission of guilt.

improvident plea of guilt withdrawn cannot be used as evidence for implied admission

Question 14

Implied Admission > Offer of Compromise > GR > XPNs

scenarios where a Good samaritan rule applies

Answer 14

An offer to pay or the actual payment of money for medical, hospital, or other related expenses occasioned by an injury is NOT admissible as an implied admission or evidence of civil or criminal liability.

Question 15

page 20 of 2019 notes with table of contents

Question 16

requisites to invoke DAI

Answer 16

1. Declarant is dead/unable to testify 2. 3. 4. 5. 2 Declaration relates to the pedigree of another relative
2. Declarant is related by birth or by marriage to the person whose pedigree is in question
3. Act or declaration was made prior to the controversy
   5 Such relationship is shown by evidence other than such act or declaration*