Admission and Confession Rule 130 Sec 26-27

Admissions and Confessions
RULE 130
(SEC 26 & 27)
I. ADMISSION
-an act, declaration or omission of a party as to
a relevant fact which may be given in evidence
against him (RULE 130, SEC 26)
-it is a voluntary acknowledgement made by a

party of the existence of truth of certain facts
which are inconsistent with his claim in an
action
Requisites of Admissibilility of Admission
a) involve matters of fact, and not of law
b) be categorical and definite
c) knowingly and voluntarily made
d) be adverse to the admitter’s interests,

otherwise it would be sel serving and
inadmissible
DISTINCTION
ADMISSION CONFESSION
A statement of fact which does A statement of fact which involves

not involve an acknowledgment an acknowledgment of guilt or
of guilt or liability liability
May be made by third persons Can be made only by the party
and in certain cases, are himself and, in some instances, are
admissible against a party admissible against his co-accused
May be express or implied Always express

DISTINCTION
ADMISSION DECLARATIONS AGAINST INTERESTS
Need not be made against the Must have been made against
proprietary or pecuniary the proprietary or pecuniary
interest of the party interest of the party
Made by a party himself, and Must have been made by a
is a primary evidence and person who is either deceased
competent though he be or unable to testify
present in court and ready to
testify
May be made at any time. Must be made ante litem
motam.
Admissible only against the Admissible even against third
party making the admission. persons.
It is NOT an exception to the It is an exception to the
KINDS OF ADMISSIONS
1) As to the manner
a) JUDICIAL ADMISSIONS- is an
admission made in connection with a
judicial proceedings in the same case in
which it was offered
b) EXTRA JUDICIAL ADMISSIONS-

admission made not in the same case or in
any other case
KINDS OF ADMISSIONS
2) As to form
a) VERBAL ADMISSION- an admission made
orally in a court proceeding
b) WRITTEN ADMISSION- made in writing
c) EXPRESS ADMISSION- it is a positive
statement or act
d) IMPLIED ADMISSION – it is one which may
be inferred from the declarations or acts of a
person
KINDS OF ADMISSIONS
 3) As to source/manner
 a) ADOPTIVE ADMISSION
– It is a party’s reaction to a statement or action
by another person when it is reasonable to
treat the party’s reaction as an admission of
something stated or implied by the other
person. A third person’s statement becomes
the admission of the party embracing or
espousing it.
3a) Adoptive Admission
 Adoptive admission may occur when a party:
a. Expressly agrees to or concurs in an oral statement made by another;
b. Hears a statement and later on essentially repeats it;
c. Utters an acceptance or builds upon the assertion of another;
d. Replies by way of rebuttal to some specific points raised by another

but ignores further points which he or she has heard the other make; or
e. Reads and signs a written statement made by another.

II. OFFER OF COMPROMISE
DEFINITION
an offer to settle a dispute or difference amicably for

the purpose of avoiding lawsuit and without admitting
liability
“Art. 2028. A compromise is a contract whereby the parties, by making

reciprocal concessions, avoid litigation or put an end to one already
commenced.”
IN CIVIL CASES
an offer of compromise is not an admission of any

liability, and is not admissible in evidence against the
II. OFFER OF COMPROMISE
 IN CRIMINAL CASES
 an offer of compromise by the accused

may be received in evidence as an implied
admission of guilt (RULE 130, SEC 27)
EXCEPTION
1) those involving quasi offenses
2) those allowed by law to be compromised
(RULE 130, SEC 27)
A of plea of guilty later withdrawn or

unaccepted offer of a plea of guilty to a lesser
offense, is not admissible in evidence against
the accused who made the plea or offer
An offer to pay or the payment of medical,

hospital or other expenses occasioned by an
injury is not admissible in evidence as proof
of civil or criminal liability for the injury
LADIANA VS PEOPLE, G.R. No.
144293. December 4, 2002]
FACTS:
The accused, a public officer, being then a member of the
Integrated National Police ( now PNP) assigned at the
Lumban Police Station, Lumban, Laguna, acting in relation to
his duty confronted Francisco San Juan why the latter was
removing the steel pipes which were previously placed to
serve as barricade to prevent the entry of vehicles along P.
Jacinto Street, Barangay Salac, Lumban, Laguna, purposely to
insure the safety of persons passing along the said street and
when San Juan told the accused that the latter has no business
in stopping him, said accused who was armed with a firearm,
attacked and shot San Juan with the firearm hitting him at his
head and neck inflicting upon him fatal wounds thereby
causing the death of San Juan.
ISSUE:
1) Whether or not accused admission in his counter-

affidavit be admissible in evidence against him
2) Whether or not the Sandiganbayan is correct in

treating the admission in the counter-affidavit as an
extrajudicial confession
1) YES
 SEC. 12. (1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.
 x x x x x x x x x
 (3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.[18]
 It is well-settled that the foregoing legal formalities required by the

fundamental law of the land apply only to extra-judicial confessions or
admissions obtained during custodialinvestigations. Indeed, the rights
[19]
enumerated in the constitutional provision exist only in custodial

interrogations, or in-custody interrogation of accused persons and not
applicable during preliminary investigation
 There is no question that even in the absence of
counsel, the admissions made by petitioner in his
Counter-Affidavit are not violative of his
constitutional rights. It is clear from the
undisputed facts that it was not exacted by the
police while he was under custody or
interrogation. Hence, the constitutional rights of a
person under custodial investigation as embodied
in Article III, Section 12 of the 1987 Constitution,
are not at issue in this case.
 2) NO
 It is only an admission.
 Sections 26 and 33 of Rule 130 of the Revised Rules on
Evidence distinguish one from the other as follows:
 SEC. 26. Admissions of a party. The act, declaration or
omission of a party as to a relevant fact may be given in
evidence against him.
 SEC. 33. Confession. The declaration of an accused
acknowledging his guilt of the offense charged, or of
any offense necessarily included therein, may be given
in evidence against him.
 In a confession, there is an acknowledgment of
guilt; in an admission, there is merely a statement
of fact not directly involving an acknowledgment
of guilt or of the criminal intent to commit the
offense with which one is charged. Thus, in the
case at bar, a statement by the accused admitting
the commission of the act charged against him
but denying that it was done with criminal intent
is an admission, not a confession.[
 The Counter-Affidavit in question contains an
admission that petitioner actually shot the victim when
the latter was attacking him. We quote the pertinent
portion:
 “[K]aya itong si Kapitan San Juan ay sumugod at
hinawakan ako sa may leeg ng aking suot na T-shirt
upang ako ay muling saksakin; sa dahilang hindi ako
makatakbo o makaiwas sa kabila ng aking pananalag
hanggang magpaputok ako ng pasumala sa kanya; sa
bilis ng pangyayari ay hindi ko alam na siya ay
tinamaan”;
 Through the above statement, petitioner
admits shooting the victim -- which
eventually led to the latters death -- but
denies having done it with any criminal
intent. In fact, he claims he did it in self-
defense. Nevertheless, whether
categorized as a confession or as an
admission, it is admissible in evidence
against him.

Admission and Confession Rule 130 Sec 26-27

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Admissions and Confessions

-it is a voluntary acknowledgement made by a

a) involve matters of fact, and not of law

b) be categorical and definite

c) knowingly and voluntarily made

d) be adverse to the admitter’s interests,

A statement of fact which does A statement of fact which involves

May be express or implied Always express

b) EXTRA JUDICIAL ADMISSIONS-

a. Expressly agrees to or concurs in an oral statement made by another;

b. Hears a statement and later on essentially repeats it;

c. Utters an acceptance or builds upon the assertion of another;

d. Replies by way of rebuttal to some specific points raised by another

e. Reads and signs a written statement made by another.

an offer to settle a dispute or difference amicably for

“Art. 2028. A compromise is a contract whereby the parties, by making

an offer of compromise is not an admission of any

 an offer of compromise by the accused

A of plea of guilty later withdrawn or

An offer to pay or the payment of medical,

1) Whether or not accused admission in his counter-

2) Whether or not the Sandiganbayan is correct in

 It is well-settled that the foregoing legal formalities required by the

enumerated in the constitutional provision exist only in custodial

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