on Evidence admission is the act declaration or omission of a party as to a

On evidence admission is the act declaration or

This preview shows page 32 - 33 out of 46 pages.

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.
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