REVIEWER CLJ 4, CRIMINAL EVIDENCE

1. Admission is any act, declaration, or omission as to

relevant fact in favor or against a persons own interest.
a. Admission as compared to confession, is usually
applied in criminal cases to statements of fact by the
accused which do not directly involve an
acknowledgement of the guilt of the accused or of
criminal intent to commit the offense with which he is
charged.
2. Admission may be classified into judicial and extrajudicial
admission.
3. Express admissions are those made in definite, certain, and
unequivocal language. While implied admissions are those
which may be inferred from the acts, declarations or
omissions of a party.
4. Confession is a declaration of an accused expressly
acknowledging his guilt of the offense charged.
5. The admission is primary evidence and is receivable,
although declarant is available as a witness; it is
competent only when the declarant, or someone identified in
legal interest with him, is a party to the action; and need
not have been considered by the declarant as opposed to his
interest at the time when it was made.
6. The declaration against interest is in nature of secondary
evidence, receivable only when the declarant is unavailable
as a witness; it is competent in any action to which it is
relevant It must have been made to the knowledge of the
declarant, against his obvious and real interest.
7. An admission or declaration to be competent must have been
expressed in definite certain and unequivocal language.
8. An admission may be introduced in evidence in two ways:
a. Independent evidence- admissions are original evidence
and no foundation is necessary for their introduction
in evidence.
b. Impeaching evidence- A proper foundation must be laid
for the impeaching questions.
9. Self- serving declarattions are unsworn statements made by
the declarant out of court and which are favorable to his
interests.
10. Diaries are inadmissible because they are self-serving
in nature, unless they have nature of book of accounts or
if it was against interest when made, is admissible.
11. Self- serving declarations made by a party admissible
in his own behalf in the following cases:
a. When they form part of the res gestae, including
spontaneous statements and everbal acts;
b. When they are in the form of complaint and
exclamations of pain and suffering;
c. When they are part of confession offered by the
prosecution.
d. When the credibility of a party has been assailed on
the ground that his testimony is a recent fabrication;
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 e. Where they are offered by the opponent;
f. When they are offered without objection.
12. Sec 27. Rule 130. Rules of Court. Offer of compromise
not admissible.- in civil cases, an offer of compromise is
not an admission of any liability and is not admissible in
evidence against the offeror.
In criminal cases, except those involving quasi-
offenses (criminal negligence) or those allowed by law to
be compromised, an offer of compromise by the accused may
be received in evidence as an implied admission of guilt.
A plea of guilty later withdrawn , or an unaccepted
offer of a plea of guilty to a lower offense, is not
admissible as evidence against the accused who made the
plea or offer.
An offer to pay or to the payment of medical,hospital
or other expenses occasioned by an injury is not admissible
in evidence as proof of civil or criminal liability for the
injury.
13. Compromise is an agreement made between two or more
parties as a settlement of matters in dispute.
14. Express admission of liability made during
negotiations for a compromise has been held admissible.
15. In criminal cases an offer of compromise by the
accused may be received in evidence as an implied admission
of guilt.
16. Sec28. Admission by a third party.- The rights of a
party cannot be prejudiced by an act, declaration, or
omission of another, except as hereinafter provided.
17. Sec28. Provides the following exception/vicarious
exceptions:
a. Admission by co-partner
b. Admission by agent
c. Admission by joint owner or debtor or one jointly
interested;
d. Admission by conspirator
e. Admission by privies
18. Res Inter Alios Acta Rule-
19. Confession.- 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.
20. Sec. 30. Admission by conspirator.- the act or
declaration of a conspirator relating to the conspiracy and
during its existence, may be given in evidemce against the
co- conspirator after the conspiracy is shown by evidence
other than such act or declaration.
21. Conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide
to commit it.
22. Conspiracies are generally proved by a number of
indefinite acts, conditions, and circumstances which vary
according to the purposes to be accomplished.
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23. Privity means mutual succession of relationship to the
same rights of property.
24. Privies are those who have mutual or successive
relationship to the same right of property or subject
matter.
25. Privy the source of the original title.
26. Sec. 32 Admission by silence. An act or declaration
made in the presence and within the hearing or observation
of a party who odes or says nothing when the 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, may be given in evidence against him.
27. Cases may an admission not be implied from the mere
silence of a party:
a. When the silence is a privileged communication;
b. When the circumstances of time and place is not
appropriate for the accused to make a reply;
c. Silence on advice of counsel;
28. Flight is an admission of guilt.
29. Failure to file a complaint for a long time is an
admission that the complaint is w/o merit.
30. Confession.- 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.
31. Rights of a person under custodial investigation:
a. Section 12. (1) 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
competent and independent counsel preferably of his
own choice. If the person cannot afford the services
of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence
of counsel.
b. (2) No torture, force, violence, threat, intimidation,
or any other means which vitiate the free will shall
be used against him. Secret detention places,
solitary,incommunicado, or other similar forms of
detention are prohibited.
c. (3) Any confession or admission obtained in violation
of this or Section 17 hereof shall be inadmissible in
evidence against him.
d. (4) The law shall provide for penal and civil
sanctions for violations of this section as well as
compensation to the rehabilitation of victims of
torture or similar practices, and their families.
32. Extra- judicial admission is admissible when if not
under custody- it is enough that the confession was made
voluntarily and knowingly.
33. Custodial investigation means the questioning
initiated by law enforcement officers after a person has

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 been taken into custody or otherwise deprived of his
freedom of action in any significant way.
34. The basic test for the validity of a confession if it
was voluntary and freely made.
35. A confession procured by leading questions, or
questions assuming the guilt of the accused, is admissible,
for in such cases it cannot be said that the confession was
obtained by force, intimidation or threats.
36. A confession made by an accused is admissible only
against him but not against his co- accused as to whom said
confession is given. Said confession is hearsay evidence,
for he had no opportunity to cross- examine the former.
37. Exceptions:
a. When several accused are tried together, confession
made by one of them during the trial implicating the
others is evidence against the latter;
b. If a defendant, after having been apprised of the
confession of his co-defendant, ratifies or confirms
said confession, the same is admissible against him.
c. Interlocking confession
38. The admissibility of a conspirators confession
against his co-conspirator requires that:
a. The conspiracy be first be proved by evidence other
than his confession;
b. The confession be made after, not before, the
formation of such unlawful agreement and before, not
after, it has come to an end.
c. The confession be made in furtherance of the objects
of the conspiracy.
39. Sec.36. Hearsay Evidence excluded.
40. Hearsay is an evidence derived not from the perception
of the one making the testimony but from the other persons.
41. A document becomes hearsay when the person who
executed the document was not presented as a witness.
42. A person who has actual knowledge and testifies
without being cross-examinedd the evidence testimony will
be branded as hearsay.
43. The test in determining when the evidence is hearsay
is when there is lack of opportunity to cross- examine the
witness presented.
44. Exceptions to the hearsay rule are the following:
a. Dying declaration
b. Declaration against interest
c. Act or declaration about pedigree
d. Family reputation nor tradition regarding pedigree
e. Common reputation
f. Part of the res gestae
g. Entries in the course of business
h. Entries in the official records
i. Commercial lists and the like
j. Learned treaties; and
k. Testimony or deposition at a former proceeding.
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 *Reasons of admissibility: necessity and
trustworthiness
45. Dying declarations are statements made by a person
after the mortal wound has been inflicted, under belief
that death is certain, stating the facts concerning the
cause of, and the circumstance surrounding the homicide.
Requisites:
a. The death be imminent and that declarant be conscious
of that fact.
b. That the preliminary facts which bring thedeclaration
within its scope be made to appear.
c. That the declaration relates to the fact or
circumstances pertaining to the fatal injury or death.
d. That the declarant would have been competent to
testify had he survived.
46. Form of dying declarations:
a. A dying declaration may be in form of communication by
means of signs, an oral statement or ejaculation, a
mere formal statement, or answers to questions put by
the person to whom the declaration is made, a writing
signed by the declarant, or an affidavit.
47. Sec. 42. Part of the Res gestae
48. Res gestae is from the latin meaning things done and
includes circumstances, facts and declarations incidental
to the main fact or transaction, necessary to illustrate
its character and also includes acts, words and
declarations which are so closely connected therewith as to
constitute a part of the transaction.
49. Dying declaration as distinguished from res gestae, in
that the res gestae may precede, or accompany, or follow,
as events occurring as a part of the principal act; dying
declaration is confined to matters occurring after the
homicidal act.
50. A spontaneous statement may be defined as a statement
or exclamation made immediately after some exciting
occasion by a participant or spectator and asserting the
circumstances of that occasion as it is observed by him.
51. Verbal acts are utterances which accompany some act or
conduct to which it is desired to give a legal effect
52. Distinguish verbal acts from spontaneous statements:
a. In spontaneous statements, the res gestae is the
startling recurrence, while in verbal acts, the r.g.
is the equivocal act.
53. Sec. 44. Entries in official Records. Entries in
official records made in the performance of his duty by a
public officer of the Philippines, or by a person in the
performance of a duty specially enjoined by law, are prima
facie of the facts therein stated.
54. Reasons for admissibility: necessity and
trustworthiness.
55. When is the entry said to be made in the professional
capacity?
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 a. The making is required by law
b. Required by nature of the office
c. Required by superior officer.
56. 3 kinds of official records:
a. Registers and records
b. Returns and repprts
c. Certificates
57. Opinion rule. Sec. 48. General rule.- the opinion of a
witness is not admissible, except as indicated in the
following sections.
58. Opinion evidence is the statement by the witness of an
inference as to the existence or nonexistence of a fact in
issue, based upon other facts presented directly to the
senses of the witness.
59. Sec. 49. Opinion of expert witness
60. Expert evidence is the testimony of persons who are
particular skilled, or experienced, in a particular art,
science, trade, business, profession, or vocation, a
thorough knowledge of which is not possessed by man in
general, in regard to matters connected therewith.
61. Expert is one who possesses special skill, knowledge,
education and training which are not possessed by others.
62. Opinion inadmissible as evidence except:
a. When witness is an expert
b. Lay opinion:
a. Identity of a person
b. Mental sanity
c. Handwriting of a person
63. Conditions when a court may refer to the opinion of
expert:
a. When the issue is one which requires the opinion or
aid of an expert
b. When the witness is an expert
64. The most common subjects of expert testimony are the
following:
a. Handwriting
b. Typewritten documents
c. Fingerprints
d. Ballistics
e. Medicine
f. Value of properties and services
65. Classes of opinion:
a. Expert
b. Lay
66. Sec. 50. Opinion of ordinary witnesses.- The opinion
of a witness for which proper basis is given, may be
received in evidence regarding-
a. Identity of a person about whom he has adequate
knowledge;
b. Mental sanity of a person with whom he is
sufficiently acquainted

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 c. Handwriting of a person with which he has
sufficient familiarity.
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a person.

67. Burden of proof is meant the obligation imposed upon a

party who alleges the existence of a fact or thing
necessary in the prosecution or defense of an action to
establish it by proof.
68. Witness has reference to those who testify in a cause
or give evidence a judicial tribunal.
69. The reason of the examination of witness in court is
to enable the court to judge the credibility of the
witness manner of testifying, their intelligence, and
their appearance.
70. Open court is a court formally opened and engaged in
the transaction of judicial affairs, to which all persons
who conduct themselves in an orderly manner are admitted.
71. Oath is an appeal by a person to God to witness the
truth of what he declares and an impreciation of Divine
punishment or vengeance upon him if what he says is false.
72. Affirmation is a solemn and formal declaration or
assertion that the witness will tell the truth.
73. Sec4. Rule 131. Order in the examination of an
individual witness:
a. Direct examination by the proponent
b. Cross- examination by the
c. Re- direct examination by the
d. Re- cross .
74. Sec. 5. Direct examination is the examination-in-chief
of a witness by the party presenting him on the facts
relevant to the issue.
75. Cross- examination is done after the termination of
the direct examination of the proponent and subject for the
examination of the adverse party for the purpose of testing
the competency of the witness to testify.

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