HINGPIT, MARK ANTHONY A.

CDI 1

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CHAPTER 5
ADMISSION AND CONFESSION
SPECIFIC PURPOSES OF WRITTEN ADMISSION AND CONFESSION
1. Provide a written record for the case file.
2. Employment by the prosecution at the trial to refresh recollection, impeaches witnesses, and, in
general, monitors to some extent the testimony.
3. Assist the prosecution in planning its presentation by reducing the element of surprise that
unforeseen testimony would produce.
4. Discourage a witness from wrongfully changing his testimony at the trial.
DEFINITION OF ADMISSION
ADMISSION - is a self incriminatory statement by the subject falling short of an
acknowledgement of guilt.
DEFINITION OF CONFESSION
CONFESSION - a direct acknowledgement of guilty as charged as charged or of some essential
part in its commission of the criminal act.

RIGHTS OF PERSONS ARRESTED OR INVESTIGATED

Inform the subject that under the provisions of section 12, Article III, New Philippine
Constitution of 1987, and as required by R.A. 7438, he or she has the following rights:
1) The right to remain silent;
2) The right to be assisted by a competent and independent lawyer of his or her own choice;
and
3) If he or she cannot afford the services of a lawyer, and he or she wants to be assisted by a
lawyer, he or she will be provided a lawyer free of charge.

REQUISITES OF ADMISSION AND CONFESSION

1) The statement was not obtained by urging or by request, but was a spontaneous or self-induced
utterance of the suspect.
2) The statement was obtained without coercion, and not during an official investigation, nor while
the accused is in custody.
3) The statement was obtained during official investigation after the suspect had been informed of
the nature of the offense, of his right to remain silent, of the fact that the statement that he
might give could be used against him at the trial, and of fact that the counsel would be made
available to him if he so requested.
4) The suspect knowingly waived his right to have an independent and competent counsel before
making the statement.
DEFINITION OF DEPOSITION
DEPOSITION is the testimony of a witness reduced to writing under oath or affirmation, before
a person empowered to administer oaths, in answer to interrogatories and cross interrogations
submitted by the party desiring the deposition, together with the opposite party.
Whenever possible, important statements of witnesses and suspects should be reduced to writing.
Specifically, written statements should be taken from:
1.
2.
3.
4.
5.

Subjects and suspects;

Recalcitrant or reluctant witnesses;
Key witnesses;
Any witness who indicates a tendency to change his or her mind; and
Witnesses who will not be available at legal proceedings.

CONTENTS OF STATEMENT
Exercise good judgment at this point is important.
1. Witness
TWO CONSIDERATIONS
1) Investigator must consider what information the witness may possess and could normally be
expected to give in testimony,
2) What information is needed to support the case.

2. Suspects
-statements of the suspect should be substantiate the elements of the charge or contain
information pertinent to the issues of the case.
-the statement should include any detail of extenuating circumstances or explanations offered
by the suspect.
-the investigator should apply to the statement the criteria applicable in judging a report of
investigation.

Purposes of such a report are:

1) Presentation of a permanent record of the information.
2) Presentation of a clear, direct and accurate communication.
3) Presentation of information that can form the basis of charges and specifications.
METHODS OF TAKING STATEMENT
1. The subject may write his own statement without guidance. A statement of this nature, which is
sufficiently comprehensive, is the most desirable.
2. The subject may indicate to a stenographer without guidance.
3. The investigator may give the subject a list of essential points to be covered in the statement
and suggest that he include these matters and add whatever other pertinent information he
may wish.
4. The subject may deliver his statement orally in his own way to the investigator who writes the
statement.
5. The subject may deliver his statement orally to the investigator or a stenographer in response to
the questions put to him by the investigator. The responses are recorded verbatim.
6. The investigator may assist the subject in dictating his statement by suggesting words and
locations which will express the subjects intended meaning. Naturally, great caution must be
exercised by the investigator to protect himself from a charge of influencing the subject. A tape
recording is useful.
7. The investigator may prepare the statement by writing his version of the information given by
the subject. He should try to use expressions employed by the subject and submit to him for
correction and changes.
The following outline of a statement is common to many law enforcement agencies and generally
satisfactory:
1. Caption
-should contain the name of the subject, the date and time when the statement was taken, the
place where the statement is taken, name of the investigator who took the statement, the preliminaries
explaining to the subject the rights of the person under investigation, and declaration of the subject that
the statement is being made voluntarily, with the necessary waiver and the name of counsel who
assisted the subject during the conduct of investigation.
2. Body
-body of statement is suggested to be taken in question and answer format.
3. Conclusion
-concluding paragraph should state that the subject understood and carefully read the
statement before he has signed it.
CDI 1
Fundamentals of Criminal Investigation
8:00 9:00 AM
REPORTER: MARK ANTHONY HINGPIT