on Evidence, admission is the act ,
declaration or omission of a party as to a
relevant fact may be given in evidence
against him, while Sec. 33 states that
confession is the declaration of an accused
acknowledging his guilt of the offense
charged.
In a confession, there is acknowledgement of
guilt by the accused while in admission,
there is only an acknowledgment of facts or
circumstances regarding the issue which has
to be corroborated with other facts in order
to establish guilt.
39. The accused, a public officer, being then a member
of the Integrated National Police (INP now PNP)
assigned at the Lumban Police Station, Lumban,
Laguna, acting in relation to his duty which is primarily to
enforce peace and order within his jurisdiction, taking
advantage of his official position 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 Francisco 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 Francisco San
Juan with the firearm hitting Francisco San Juan at his
head and neck inflicting upon him fatal wounds thereby
causing the death of Francisco San Juan.
Petitioner admitted that he shot the victim while the latter
was attacking him.
Whether or not the confession was
admissible?
Answer:
YES. Through the above statement, petitioner
admits shooting the victim -- which eventually led to the
latter’s 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. In
general, admissions may be rebutted by confessing their
untruth or by showing they were made by mistake. The
party may also establish that the response that formed
the admission was made in a jocular, not a serious,
manner; or that the admission was made in ignorance of
the true state of facts. Yet, petitioner never offered any
rationalization why such admissions had been made,
thus, leaving them unrebutted. Having admitted that he
had fatally shot the victim, petitioner had the duty of
showing that the killing was justified, and that the latter
incurred no criminal liability therefor. Petitioner should
have relied on the strength of his own evidence and not
on the weakness of that for the prosecution. Even if his
evidence be weak, it cannot be disbelieved after the
accused has admitted the killing.
Ladiana v. People, GR
144293, Dec. 4, 2002
40. British Horace William Barker (consultant of WB) was
slain inside his house in Tuba, Benguet while his Filipino
wife, Teresita Mendoza was badly battered with lead
pipes on the occasion of a robbery. Two household
helpers of the victims identified Salvamante (a former
houseboy of the victims) and Maqueda as the robbers.
