Evidence Atty.
Jelyne Guadalupe
Atty
PART II
3. ADMISSIONS AND CONFESSIONS
SECTION 27. Admission of a party. – The act, declaration or
omission of a party as to a relevant fact may be given in evidence
against him or her.
1. What is an admission?
Any statement of fact made by a party against his interest or
unfavorable to the conclusion for which he contends or is inconsistent with
the facts alleged by him.
2. Read and digest the case of Estrada v. Desierto, G.R. Nos. 146710-
15, April 3, 2001.
3. Distinguish ADMISSIONS under Section 27 of Rule 130 from
JUDICIAL ADMISSIONS under Section 4 of the same rule.
4. State the rule on admissibility as evidence of an offer of
compromise in civil cases.
It is for the reason that parties are encouraged to enter into
compromises. Courts should endeavor to persuade the litigants in a civil
case to agree upon some fair compromise (Art. 2029, NCC). During pre-
trial, courts should direct the parties to consider the possibility of an
amicable settlement. (Sec. 2(a), Rule 18)
It is NOT an admission of any liability and is NOT admissible against
the offeror. (Sec. 27, Rule 130)
5. Read and digest the case of Tan v. Rodil Enterprises, G.R. No.
168071, December 18, 2006.
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Evidence Atty. Jelyne Guadalupe
Atty
6. State the rule on admissibility as evidence of an offer of
compromise in criminal cases.
It may be received in evidence as an implied admission of guilt.
Except in the following cases:
1. In quasi-offenses where there is no criminal intent (negligence), such
as reckless imprudence;
2. In criminal cases allowed by law to be compromised such as:
a. NIRC (Sec. 7c) – The CIR has the power to compromise minor
criminal violations as may be determined by the Secretary of
Finance;
b. LGC (Sec. 408) – Allowed in minor offenses whose penalties do
not exceed one year;
c. RPC (Art. 266-C) – In cases of marital rape, where subsequent
forgiveness by the wife extinguishes the criminal action or
penalty. (Suarez and De la Banda, 2006)
7. Cite instances where laws allow compromise in criminal
cases.
In criminal cases, except those involving quasi-offenses (criminal
negligence) or those allowed by law to be compromised, an offer of
compromise by the accused may be received in evidence as an implied
admission of guilt.
No compromise is valid in the following cases:
1. Civil status of persons;
2. Validity of a marriage or legal separation;
3. Any ground for legal separation;
4. Future support;
5. Jurisdiction of courts;
6. Future legitime;
7. Habeas corpus; and
8. Election cases (Herrera, 1999)
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Evidence Atty. Jelyne Guadalupe
Atty
8. Read and digest the case of San Miguel Corp. v. Kalalo, G.R. No.
185522, June 13, 2012.
9. Read and digest the case of People v. Nazareno, G.R. No. 180915,
August 9, 2010.
10. Read and digest the case of People v. Abadies, G.R. Nos. 139346-50.
July 11, 2002.
11. Is the flight of an accused, after the commission of a crime, an
implied admission of guilt? How about non-flight?
12. Read and digest the case of People v. Bangcado, G.R. No. 132330,
November 28, 2000
SECTION 29. Admission by third party. – The rights of a party
cannot be prejudiced by an act, declaration, or omission of
another, except as hereinafter provided.
13. What is the RES INTER ALIOS ACTA RULE?
This principle literally means “things done between strangers ought
not to injure those who are not parties to them.” (Black’s Law Dictionary,
5th Ed.; Dynamic Signmaker Outdoor Advertising Services, Inc. v.
Potongan, G.R. No. 156589, June 27, 2005)
On principle of good faith and mutual convenience, a man’s own acts
are binding upon himself and are evidence against him. So are his conduct
and declarations. It would not only be rightly inconvenient but also
manifestly unjust, that a man should be bound by the acts of mere
unauthorized strangers; and if a party ought not to be bound by the acts of
strangers, neither ought their acts or conduct be used as evidence against
him. (People v. Guittap, G.R. No. 144621, May 9, 2003)
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Evidence Atty. Jelyne Guadalupe
Atty
14. Read and digest the case of People v. Cachuela, G.R. No. 191752,
June 10, 2013.
Section 30. Admission by co-partner or agent - The act or
declaration of a partner or agent authorized by the party to make
a statement concerning the subject, or within the scope of his or
her authority and during the existence of the partnership or
agency, may be given in evidence against such party after the
partnership or agency is shown by evidence other than such act or
declaration. The same rule applies to the act or declaration of a
joint owner, joint debtor, or other person jointly interested with
the party.
15. What are the requisites for the declaration made by a partner/agent
to be binding upon the partnership/principal?
Requisites for an admission of a partner to bind his co-partners or for
an agent to bind his principal:
1. The act or declaration of a partner or agent of the party must be
within the scope of his authority;
2. The admission was made during the existence of the partnership or
agency; and
3. The existence of the partnership or agency is proven by independent
evidence other than such act or declaration. The Articles of
Incorporation or a Special Power of Attorney may be presented for
such purpose. (Suarez and De la Banda, 2000)
16. What is the ruling of the Supreme Court in the case of Estrada v.
Desierto, G.R. Nos. 146710-15. April 3, 2001 in relation the exceptions on
the RES INTER ALIOS ACTA RULE?
Section 31. Admission by conspirator - The act or declaration of a
conspirator in furtherance of the conspiracy and during its
existence, may be given in evidence against the co-conspirator
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Evidence Atty. Jelyne Guadalupe
Atty
after the conspiracy is shown by evidence other than such act or
declaration.
17. Read and digest the case of Salapuddin v. Court of Appeals, G.R. No.
184681, February 25, 2013.
18. What are the requisites for the exception provided for under Section
31?
Requisites of an admission by a conspirator
1. The declaration or act be made or done during the existence of the
conspiracy;
2. The declaration or act must relate to the purpose and object of the
conspiracy; and
3. The conspiracy must be shown by evidence other than the
declaration or act (evidence aliunde). (Sec. 30, Rule 130)
This rule applies only to extrajudicial acts or admission and not to
testimony at trial where the party adversely affected has the opportunity to
cross-examine the witness. (People v. Baharan, G.R. No. L-188314,
January 10, 2011)
The general rule is that the extrajudicial confession or admission of one
accused is admissible only against the said accused but is inadmissible
against the other accused. The same rule applies if the extrajudicial
confession is made by one accused after the conspiracy has ceased.
However, if the declarant/admitter repeats in court his extrajudicial
confession during trial and the other accused is accorded the opportunity
to crossexamine the admitter, such confession or admission is admissible
against both accused. The erstwhile extrajudicial confession or admission
when repeated during the trial is transposed into judicial admissions.
(People v. Buntag, G.R. No. 123070, April 14, 2004)
Section 32. Admission by privies - Where one derives title to
property from another, the latter’s act, declaration, or omission, in
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Evidence Atty. Jelyne Guadalupe
Atty
relation to the property, is evidence against the former if done
while the latter was holding the title.
19. When is there privity under Section 32 of Rule 130 of the
Rules of Court?
There is a privity if there are persons who are partakers or have an
interest in any action or thing, or any relation to another. (Black’s Law
Dictionary, 5th Ed.)
20. Read and digest the case of Gevero v. IAC, G.R.No. 77029, August
30, 1990.
SECTION 33. Admission by silence. - An act or declaration made in
the presence and within the hearing or observation of a party who
does or says nothing when the act or declaration is such as
naturally to call for action or comment if not true, and when
proper and possible for him or her to do so, may be given in
evidence against him or her.
21. What is the ruling in the case of Estrada v. Desierto, G.R. Nos.
146710-15. April 3, 2001 related to ADMISSION BY SILENCE (ADOPTIVE
ADMISSION)?
22. Read and digest the case of People v. Castañeda, G.R. No. 208290,
December 11, 2013.
23. Read and digest the case of People v. Guillen, G.R. No. 191756,
November 25, 2013.
SECTION 34. Confession. – The declaration of an accused
acknowledging his or her guilt of the offense charged, or of any
offense necessarily included therein, may be given in evidence
against him or her.
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Evidence Atty. Jelyne Guadalupe
Atty
24. What is the ruling in Salapuddin v. CA, G.R. No. 184681, Feb. 25,
2013 related to extrajudicial confessions?
4. PREVIOUS CONDUCT AS EVIDENCE
SECTION 35. Similar acts as evidence. — 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 a 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.
25. What is the second rule of RES INTER ALIOS ACTA?
Evidence that one did or did not do a certain thing at one time is not
admissible to prove that he did or did not do the same or similar thing at
another time. (Sec. 34, Rule 130)
26. Read and digest the case of People v. Losano, G.R. No. 127122. July
20, 1999.
27. Read and digest the case of People v. Nardo, G.R. No. 133888, March
1, 2000.
28. Read and digest the case of People v. Pineda, G.R. No. 141644, May
27, 2004.
29. Read and digest the case of People v. Magpayo, G.R. Nos. 92961-64,
September 1, 1993.
SECTION 36. Unaccepted offer. — An offer in writing to pay a
particular sum of money or to deliver a written instrument or
specific personal property is, if rejected without valid cause,
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Evidence Atty. Jelyne Guadalupe
Atty
equivalent to the actual production and tender of the money,
instrument, or property.
30. Under the Civil Code, what constitutes a valid tender of payment?
What the relation of the civil law concept of tender of payment to Section
36 of Rule 130 of the Rules of Court?
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