LESSON 4

CONFESSION
as defined in Section 29, Rule 130, Rules of Court is, "The declaration of an accused expressly
acknowledging his guilt of the charge, may be given evidence against him."

Example of Confession
A confessed that he killed his wife X because he found out that she is having an affair with Y.
That after a few months his conscience keeps hunting him at night and decided to go to the
station and confess

Voluntary Confession
For purposes of confession, means the accused speaks of his free will and accord, without the
inducement of any kind, and with a full and complete knowledge of the nature and
consequences of the confession.

Involuntary Confession
those confessions obtained through force, threat, intimidation, duress and or anything that
influence the act of the confessor.

TYPES OF CONFESSION
There are two types of Confession: Judicial and Extrajudicial.

Judicial confession defined. is one made before a committing magistrate or in open court to
an indictment or an information when the accused is arraigned for trial. Some courts limit the
term "Judicial confession" to the plea of guilty made by the accused. (20 Am Jur., p. 478)

An extra-judicial confession defined.

Is a declaration made voluntarily and without compulsion or inducement by a person under
custodial investigation, stating or acknowledging that he had committed or participated in the
commission of a crime • Is one made elsewhere than before a magistrate or in court. (20 Am
Jur., p. 479)

An extra-judicial confession is admissible in evidence if the following requisites have been

satisfied:
(1) it must be voluntary;
(2) it must be made with the assistance of competent and independent counsel;
(3) it must be express, and
(4) it must be in writing.
Confessions are presumed to be voluntary and the onus (something that is one's duty or
responsibility) is on the defense to prove that it was involuntary for having been obtained by
violence, intimidation, threat or promise of reward or leniency.
General Rule
The extrajudicial confession of an accused is binding only upon himself and is not admissible
against his co-accused.

EFFECTS OF CONFESSION
1. Maybe given evidence against him in the investigation or trial of the offense with which he is
charged.
2. Maybe given to prove the guilt of his companions but it will pass a lot of court argumentation.

When is the Confession Inadmissible

• No person shall be compelled to be a witness against himself. 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 a competent and independent counsel preferably of his choice. If he cannot afford
the services of the counsel, he must be provided with one for free

• This right cannot be waived except in writing in the presence of his counsel. No force,
violence, threat, intimidation or any other means which vitiate the free will shall be used against
him.

ADMISSION
An admission is voluntary acknowledgement in express term or by implication, by a party in
interest or by another whose statement is legally bound, against his interest or the existence or
truth of a fact in dispute material to the issue.

• an acknowledgment by the accused of certain facts that tend to incriminate him with

is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt.

• It is an acknowledgement of a fact or circumstances from which guilt maybe inferred.
• It implicates but does not incriminate
• It is also an acknowledgement that a fact, action or circumstances are true which
strongly infer or directly admit guilt but lacks the detail of the elements of the crime.

Example of Admission
In a crime of Murder, Y the lover of X is one of the suspects in the death of the latter, but
admitted that it is true he was there inside the house when the murder happened, however it is
A who killed X not him

Kinds of Admission
Express admission
is one made in express terms in detinite, certain and unequivocal language.

Implied admissions
are those who may be inferred from the acts, declaration or omission of a party
JUDICIAL ADMISSION
It is an admission, verbal or written, made by a party in the course of the proceedings in the
same case, which does not require proof.

ELEMENTS OF JUDICIAL ADMISSIONS:

A party may make judicial admissions in:
a. The pleadings;
b. During trial, either by verbal or written manifestations or stipulations; or
c. In other stages of the judicial proceedings

JUDICIAL ADMISSIONS MAY BE MADE BY THE PARTY HIMSELF OR BY HIS COUNSEL:

1. In the pleadings filed by the parties;
2. In the course of the trial either by verbal or written manifestations or stipulations, including
depositions, written interrogatories and requests for admissions; or
3. In other stages of the judicial proceedings, as in pre-trial.

EFFECTS OF JUDICIAL ADMISSION

• A judicial admission may not be contradicted by the party making it. As the party
making such judicial admission is bound by it, he is deemed in estoppel. Therefore, a party
making an admission cannot during the trial deny what has been earlier admitted nor present
evidence which will run counter against the admission.
• An admission in a pleading on which a party goes to trial is conclusive against him
unless the court allows the pleader to withdraw, explain or modify it if it appears to have been
made by improvidence or mistake or that no such admission was made.

Judicial admissions vs. Extrajudicial admissions

Judicial admissions are conclusive upon the party making them, while extrajudicial admissions
or other admissions are, as a rule, and where the elements of estoppel are not present, dis**ble.

JUDICIAL ADMISSION EXTRAJUDICIAL ADMISSION

Those made in the course proceeding in the Those made out of court or in a judicial
same case. proceeding other than the one under
consideration

Do not require proof and may be contradicted Regarded as evidence and must be offered
only by showing that it was made through as such, otherwise the court will not consider
palpable mistake or that no such admission it in deciding the case.
was made.

Conclusive upon the admitter. Rebuttable.

A confession, as distinguished from admission, is a declaration made at any time by a person,
voluntarily and without compulsion or inducement, stating or acknowledging that he had
committed or participated in the commission of a crime. (People vs. Satorre, G.R. No. 133858,
August 12, 2003, 408 SCRA 642)

The term, admission, on the other hand, is usually applied in criminal cases to statements of
fact by the accused which do not directly involve an acknowledgment of the guilt of the accused
or of criminal intent to commit the offense with which he is charged. (U.S. v. Corrales, 28 Phil.
365)

Both may be given in evidence against the person admitting or confessing.

NOTE: Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding

IN SUM:
1. The confession must be voluntary
2. It must be taken respecting the Miranda rights of the detained person
3. The confession must be made with the assistance of a competent and independent counsel,
preferably of the confessant's choice
4. The confession must be express
5. The confession must be in writing
6. The signing thereof must be in the presence in the presence of the counsel or in the absence
of the latter, in the presence of the parents, elder brothers and sisters, his spouse, the municipal
mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in
any proceeding.

Rationale for the Admissibility of Confession

The rationale for the admissibility of a confession is that if it is made freely and voluntarily, a
confession constitutes evidence of a high order since it is supported by the strong presumption
that no sane person of normal mind will deliberately and knowingly confess himself to be the
perpetrator of a crime, unless prompted by truth and conscience. (People vs. Satorre, supra)

Sworn Statement
The Sworn Statement refers to a written statement voluntarily executed under oath by any
person, a suspect or a witness, which may be taken in a "question and answer format" or in a
"narrative format (affidavit)".

The Sworn Statement refers to a written statement voluntarily executed under oath by any
person, a suspect or a witness, which may be taken in a "question and answer format" or in a
"narrative format (affidavit)".

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