9. When may an offer of compromise be considered an admission?

In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in
evidence against the offeror. As an exception, when the offer of compromise contains an admission of an
independent fact or when the offer contains an admission of liability the offer may be considered as an
admission.

While, in criminal cases, except those involving quasi-offenses or those allowed by law to be
compromised, an offer of compromised by the accused may be received in evidence as an implied
admission of guilt.

10. What is an admission by silence?

This refers to an admission when a party does or says nothing when he hears or observes an act or
declaration made in his presence when such act or declaration is such as naturally to call for action or
comment if not true, and when proper and possible for him to do so. Such may be given in evidence
against him.

11. What is an adoptive admission?

This refers to an admission when 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 statemant becomes the admission of the party embracing or espousing it.

12. How is an adoptive admission made?

Adoptive admission is made when a party either:

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

b). Hears a statement and latter essentially repeats it
c). Utters an acceptance or builds upon the assertion by another
d). Replies by way of rebuttal to some specific points raised by another but ignores further points to
which he or she has heard the other make

e). Reads and signs a written statement made by another ( Republic vs. Kendrick Development Co., 498
SCRA 220)

13. How is an adoptive admission different from an admission by silence?

In adoptive admission, the party’s conduct by manifesting a belief in the truthfulness of the statement of a
third person by expressly or implicitly concurring with it; or responding in such a way that manifests the
adoption of the statement. While in admission by silence, the party’s refusal to refute an accusatory
statement that a reasonable person would refute under the same or similar circumstances manifest an
adoption of the statement.
14. When may person be prejudiced by the admission of another?

As a general rule, under res inter alios acta rule, the act, declaration or omission of a party as to a relevant
fact may be given in evidence against him.
However, as an exception to the rule, a person may be prejudiced by the admission of another if the
admission is made, by a co-partner or agent, by a co-conspirator; or by a privy.

15. How may a judicial admission be contradicted?

It may be contradicted by showing:

1.That it was made through palpable mistake;
2. That no such admission was made ); or
3. To prevent manifest injustice.

16. Who may contradict a judicial admission?

Judicial admission may be contradicted by the admitter himself or through his counsel by filing a motion
to withdraw pleading, or any other written instrument containing for written admissions or the counsel
may move for the exclusion of any oral admission.

17. May the admission of one accused on the witness stand be taken against his co-accused?

Yes, by admission by a co-conspirator. The act or declaration of a conspirator relating to the conspiracy,
and during its existence, maybe given in evidence against the conspirators after the conspiracy is shown
by evidence other than such act or declaration.

18. What is an extrajudicial admission?

An extra judicial admission is one made out of court or outside the proceedings of the case.

19. What are the requisites for the admission of an extrajudicial admission?

The following are the requisites of extrajudicial admission:

1. It must be relevant to the issues in the case

2. It must be express, certain, definite and unequivocal.
3. Must be an admission of a fact, not an expression of an opinion
4. Must not be self-serving
5. It must have been made freely and voluntarily
6. Admission is one made outside the proceedings of the case.
20. May an admission in a counter-affidavit submitted during a preliminary investigation be
admitted in evidence?

(naka general answer d2, wla mahanap na direct answer sa sources)

Yes. An admission in a counter-affidavit submitted during a preliminary investigation, as extra-judicial

admission, may be admitted in evidence as a voluntary acknowledgement made expressly by a party
against his interest, of the existence or truth of such fact in dispute, material to the issue. By this meant
that a party to a case who made a declaration/statement, which is contrary to his cause of action or to his
defense, and which may therefore be used as evidence against him.

21. Give the differences between an admission and a confession.

The following are the differences bet. Admission and confession:

1. As to concept and coverage: An admission is broader as it covers any fact so long as its adverse to the
interest of the party. A confession is limited to the act of an accused acknowledging that he committed or
participated in the commission of a crime. A confession is a specie of admissions.

2. As to form: An admission may be in the form of an act, declaration or omission, expressed or implied.
A confession is always in the form of written or oral declaration, and is always expressed.

3. As to where admissible. An admission is admissible in evidence in both civil and criminal cases
whereas a confession is admissible only in criminal cases.

4. As to the author: an admission may be made by a party or by third persons. A confession is made only
by the accused personally.

A.4. Confessions

1. What is a confession?

Confession is 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.

2. What are the requisites for the admission of an extrajudicial confession?

A. The following are the requisites:

1.It must involve an express and categorical acknowledgement of guilt;

2.Facts admitted must be constitutive of a criminal offense;

3.It must have been given voluntarily;

4.It must have been intelligently made, the accused realizing the importance or legal significance of his
act; and

5.There must have been no violation of Sec, 12 (Miranda rights), Art. III (Bill of Rights).

B. Additional requisites for extra-judicial confession under custodial confession:

1. The confession must be in writing

2. In a language known or understood by the confessant

3. It was given with the assistance of counsel, or that the right to counsel was properly waived ( in writing
and with the assistance of counsel) and the confessant was properly Mirandized.

4. It must be signed or thumb marked by him.

A. 5. Unrebutted presumptions juris tantum

1. What are presumptions juris tantum? Give twenty examples.

Juris tantum- or prima facie, rebuttable or disputable presumption or those which may be overcome or
disproved

Disputable presumptions. — The following presumptions are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence:

(a)That a person is innocent of crime or wrong;

(b)That an unlawful act was done with an unlawful intent;

(c)That a person intends the ordinary consequences of his voluntary act;

(d)That a person takes ordinary care of his concerns;

(e)That evidence willfully suppressed would be adverse if produced;

(f)That money paid by one to another was due to the latter;

(g)That a thing delivered by one to another belonged to the latter;

(h)That an obligation delivered up to the debtor has been paid;

(i)That prior rents or installments had been paid when a receipt for the later one is produced;

(j)That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and
the doer of the whole act; otherwise, that things which a person possess, or exercises acts of ownership
over, are owned by him;

(k)That a person in possession of an order on himself for the payment of the money, or the delivery of
anything, has paid the money or delivered the thing accordingly;

(l)That a person acting in a public office was regularly appointed or elected to it;

(m)That official duty has been regularly performed;

(n)That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful
exercise of jurisdiction;

(o)That all the matters within an issue raised in a case were laid before the court and passed upon by it;
and in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid
before the arbitrators and passed upon by them;

(p)That private transactions have been fair and regular;

(q)That the ordinary course of business has been followed;

(r)That there was a sufficient consideration for a contract;

(s)That a negotiable instrument was given or indorsed for a sufficient consideration;

(t)That an endorsement of negotiable instrument was made before the instrument was overdue and at the
place where the instrument is dated;

(u)That a writing is truly dated;

(v)That a letter duly directed and mailed was received in the regular course of the mail;

(w)That after an absence of seven years, it being unknown whether or not the absentee still lives, he is
considered dead for all purposes, except for those of succession.