GROUP 1

TABLE OF CONTENT
1. EXTRA-JUDICIAL CONFESSION
2. EXTRAJUDICIAL ADMISSION
3. EXTRA-JUDICIAL CONFESSION VERSUS
EXTRAJUDICIAL ADMISSION
4. JUDICIAL CONFESSION
5. JUDICIAL CONFESSION VERSUS EXTRA-
JUDICIAL CONFESSION
6. JUDICIAL ADMISSION
7. JUDICAL ADMISSION VS EXTRAJUDICIAL
ADMISSION
 ADMISSION AND CONFESSION
UNDERLYING PRINCIPLE:

1. CONFESSION AND ADMISSION REDUCES THE BURDEN

OF PROOF OF OTHER PARTY.
2. NONE MAKES A FALSE STATEMENT AGAINST HE’S OWN
INTERESTS.
3. AN ADMISSION OR CONFESSION MADE IS A GOOD
PIECE OF EVIDENCE AGAINST THE MAKER.
 EXTRA JUDICIAL CONFESSION
AN EXTRA-JUDICIAL CONFESSION 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. IN
ORDER THAT AN EXTRA-JUDICIAL CONFESSION
MAY BE ADMITTED IN EVIDENCE, ARTICLE III,
SECTION 12 OF THE 1987 CONSTITUTION
MANDATES THAT THE FOLLOWING SAFEGUARDS BE
OBSERVED:
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.
(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 FORMS OF DETENTION ARE
PROHIBITED.

(3) ANY CONFESSION OR ADMISSION OBTAINED IN VIOLATION OF THIS

OR SECTION 17 SHALL BE INADMISSIBLE IN EVIDENCE AGAINST HIM.
THUS, WE HAVE HELD THAT 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.
EXTRAJUDICIAL CONFESSIONS ARE UNIVERSALLY
RECOGNIZED AS ADMISSIBLE IN EVIDENCE AGAINST
AN ACCUSED PROVIDED THEY ARE VOLUNTARILY
MADE AND CORROBORATED BY EVIDENCE OF THE
ACTUAL COMMISSION OF THE CRIME.
SECTION 3, RULE 133 OF OUR RULES OF COURT
PROVIDE, “AN EXTRAJUDICIAL CONFESSION MADE BY AN
ACCUSED SHALL NOT BE SUFFICIENT GROUND FOR
CONVICTION, UNLESS CORROBORATED BY EVIDENCE OF
CORPUS DELICTI.”
IN LAW, CORPUS DELICTI MEANS THE FACT OF THE
COMMISSION OF THE CRIME. IN THE CRIME OF MURDER, THE
FACT OF DEATH OF THE PERSON KILLED MUST BE
ESTABLISHED BY CREDIBLE EVIDENCE.
 TYPES OF EXTRA JUDICIAL CONFESSION
1. VOLUNTARY EXTRA-JUDICIAL CONFESSION- THE
CONFESSION IS VOLUNTARY WHEN THE ACCUSED
SPEAKS OF FREE WILL AND ACCORD, WITHOUT
INDUCEMENT OF ANY KIND, WITH FULL AND COMPLETE
KNOWLEDGE OF THE NATURE AND CONSEQUENCE OF
THE CONFESSION.
2. INVOLUNTARY EXTRA-JUDICIAL CONFESSION- THE
CONFESSION OBTAINED THROUGH FORCE, THREAT,
INTIMIDATION, DURESS OR ANYTHING INFLUENCING THE
VOLUNTARY ACT OF THE CONFESSION.
REQUISITES OF EXTRA JUDICIAL CONFESSION
TO BE ADMISSIBLE IN COURT

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.
 EXTRAJUDICIAL ADMISSION

IT IS A STATEMENT MADE BY A PERSON, OUTSIDE OF

COURT PROCEEDINGS, VOLUNTARY AND WITHOUT
COERCION, TO SOMEONE OTHER THAN JUDICIAL
AUTHORITY. IT’S NOT NECESSARILY A CONFESSION
OF GUILT BUT CAN BE A STATEMENT THAT IMPLIES
INVOLVEMENT OR KNOWLEDGE OF THE CRIME.
 REQUISITES OF EXTRAJUDICIAL ADMISSION TO
BE ADMISSIBLE

1. THE DECLARANT MUST BE A PARTY TO THE LITIGATION OR

SOMEONE AUTHORIZED TO SPEAK ON BEHALF OF THE PARTY.
2. THE STATEMENT MUST BE RELEVANT TO THE SUBJECT
MATTER OF LITIGATION.
3. THE STATEMENT MUST BE MADE VOLUNTARILY AND
WITHOUT COERCION.
4. THE STATEMENT IS MADE IN A MANNER THAT IS
REASONABLY CALCULATED TO BE UNDERSTOOD BY THE
PERSON TO WHOM IT IS MADE.
EXTRA JUDICIAL CONFESSION:
A. REFERS TO A STATEMENT OR ACKNOWLEDGEMENT MADE
BY A PERSON OUTSIDE THE COURT OR JUDICIAL
PROCEEDINGS, WHICH MAY OR MAY NOT BE SELF-
INCRIMINATING.

B. IT CAN ENCOMPASS A BROADER RANGE OF STATEMENTS

OR ACKNOWLEDGEMENTS, INCLUDING THOSE THAT ARE NOT
NECESSARILY RELATED TO THE COMMISSION OF THE CRIME.
IT CAN BE A STATEMENT OF FACT OR AN ACKNOWLEDGEMENT
OF A PARTICULAR CIRCUMSTANCE.
C. IT CAN BE ADMISSIBLE AS EVIDENCE IN COURT, DEPENDING ON ITS RELEVANCE
AND CREDIBILITY. THE COURT WILL ASSESS ITS PROBATIVE VALUE AND CONSIDER
OTHER CORROBORATING EVIDENCE, IF ANY, TO DETERMINE ITS WEIGHT.

EXTRA JUDICIAL ADMISSION:

A. REFERS TO THE STATEMENT MADE BY A PERSON OUTSIDE THE COURT OR JUDICIAL
PROCEEDINGS, TYPICALLY TO THE POLICE OR OTHER AUTHORITIES. REFERS TO A
STATEMENT OR ACKNOWLEDGEMENT MADE BY A PERSON OUTSIDE THE COURT OR
JUDICIAL PROCEEDINGS, WHICH MAY OR MAY NOT BE SELF-INCRIMINATING.
B. A SELF-INCRIMINATING STATEMENT IN WHICH THE PERSON
ADMITS TO THE COMMISSION OF A CRIME. IT IS AN EXPLICIT
ACKNOWLEDGEMENT OF GUILT MADE OUTSIDE THE FORMAL
SETTING OF A COURT PROCEEDING. IT CAN ENCOMPASS A
BROADER RANGE OF STATEMENTS OR ACKNOWLEDGEMENTS,
INCLUDING THOSE THAT ARE NOT NECESSARILY RELATED TO
THE COMMISSION OF THE CRIME. IT CAN BE A STATEMENT OF
FACT OR AN ACKNOWLEDGEMENT OF A PARTICULAR
CIRCUMSTANCE.
C. CAN BE ADMISSIBLE AS EVIDENCE IN COURT IF IT
MEETS THE REQUIREMENTS/REQUISITES. THE COURT
WILL EVALUATE ITS CREDIBILITY AND RELIABILITY BASED
ON THE CIRCUMSTANCES SURROUNDING ITS MAKING. IT
CAN BE ADMISSIBLE AS EVIDENCE IN COURT, DEPENDING
ON ITS RELEVANCE AND CREDIBILITY. THE COURT WILL
ASSESS ITS PROBATIVE VALUE AND CONSIDER OTHER
CORROBORATING EVIDENCE, IF ANY, TO DETERMINE ITS
WEIGHT.
JUDICIAL CONFESSION
A CONFESSION MADE BY A DEFENDANT IN CRIMINAL CASE
BEFORE A COURT OF LAW. IT IS CONSIDERED THE MOST
RELIABLE FORM OF EVIDENCE AGAINST A DEFENDANT AND IS
OFTEN USED TO SECURE A CONVICTION.
REQUISITES:
1. THAT THE CONFESSION MUST BE VOLUNTARY IT WAS GIVEN
FREELY, KNOWINGLY AND INTELLIGENTLY.
2. THE ACCUSED GAVE THE CONFESSION OF HIS OWN FREE
WILL, WITH FULL UNDERSTANDING AND KNOWLEDGE OF ITS
CONSEQUENCES AND THAT HE WAS NOT COERCED,
PRESSURED, FORCED, INTIMIDATED OR IMPROPERLY
3. THE ACCUSED HAVE THE ASSISTANCE OF
COMPETENT COUNSEL DURING THE CONFESSION.
4. THE CONFESSION MUST BE MADE BEFORE A
MAGISTRATE OR IN COURT DURING JUDICIAL
PROCEEDING.
5. IN THE EVENT THE CONFESSION WAS DUE TO AN
INDUCEMENT, CONSIDERATION, PROMISE OR
EXHORTATION.
JUDICIAL CONFESSION VERSUS EXTRA-JUDICIAL
CONFESSION
1. JUDICIAL CONFESSION IS MADE BEFORE A COURT
IN WHICH THE CASE IS PENDING AND IN THE COURSE
OF LEGAL PROCEEDINGS THEREIN. EXTRAJUDICIAL
CONFESSION IS MADE IN ANY OTHER PLACE OR
OCCASION.
2. JUDICIAL CONFESSION, BY ITSELF, CAN SUSTAIN A CONVICTION.
EXTRAJUDICIAL CONFESSION CANNOT SUSTAIN A CONVICTION UNLESS
CORROBORATED BY EVIDENCE OF THE CORPUS DELICTI.

3. A JUDICIAL CONFESSION IS ADMISSIBLE AGAINST THE DECLARANT’S CO-

ACCUSED SINCE THE LATTER ARE AFFORDED OPPORTUNITY TO CROSS-
EXAMINE THE FORMER. AN EXTRAJUDICIAL CONFESSION MAY BE GIVEN IN
EVIDENCE AGAINST THE CONFESSANT BUT NOT AGAINST HIS CO-ACCUSED AS
THEY ARE DEPRIVED OF THE OPPORTUNITY TO CROSS-EXAMINE HIM.
JUDICIAL ADMISSION
A JUDICIAL ADMISSION IS AN ADMISSION, VERBAL OR WRITTEN, MADE BY A
PARTY IN THE COURSE OF THE PROCEEDINGS IN THE SAME CASE, WHICH
DISPENSES WITH THE NEED FOR PROOF WITH RESPECT TO THE MATTER OR
FACT ADMITTED.
REQUISITES FOR JUDICIAL ADMISSION:
1. MADE BY A PARTY
2. IN THE COURSE OF THE PROCEEDINGS
3. IN THE SAME CASE
DIFFERENT FORMS OF JUDICIAL ADMISSION:
1. VERBAL–VERBAL WAIVER OF PROOF MADE IN OPEN COURT, A
WITHDRAWAL OF CONTENTION, OR DISCLOSURE MADE BEFORE THE COURT,
OR ADMISSION MADE BY WITNESS IN HIS TESTIMONY OR DEPOSITION;

2. WRITING– PLEADING, BILL OF PARTICULARS, STIPULATION OF FACTS,

REQUEST FOR ADMISSION, OR A JUDICIAL ADMISSION CONTAINED IN AN
AFFIDAVIT USED IN THE CASE
JUDICIAL ADMISSIONS MAY BE MADE IN:
1. THE PLEADINGS FILED BY THE PARTIES;
2. THE COURSE OF THE TRIAL EITHER BY VERBAL OR
WRITTEN MANIFESTATIONS OR STIPULATIONS,
INCLUDING DEPOSITIONS, WRITTEN INTERROGATORIES
AND REQUESTS FOR ADMISSIONS; OR
3. OTHER STAGES OF THE JUDICIAL PROCEEDINGS, AS IN
PRE-TRIAL (BINARAO VS. PLUS BUILDERS, INC., 491 SCRA
49)
WHAT ARE THE 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.
• HOW MAY JUDICIAL ADMISSION BE CONTRADICTED?
• A. THE ADMISSION MAY BE CONTRADICTED ONLY BY
SHOWING THAT:
• B. IT WAS MADE THROUGH PALPABLE MISTAKE OR
C. NO SUCH ADMISSION WAS MADE
HOW JUDICIAL ADMISSIONS ARE MADE:
1. VERBALLY OR IN WRITING
2. EXPRESSLY OR IMPLIEDLY

● JUDICIAL ADMISSIONS MAY BE VERBAL OR THOSE

VERBALLY MADE IN THE COURSE OF THE TRIAL OR THEY
MAY BE WRITTEN, SUCH AS THOSE STATED IN A
PLEADING. THEY MAY BE EXPRESS OR IMPLIED, IMPLIED
ADMISSIONS BY A DEFENDANT OF MATERIAL FACTS
ALLEGED IN A COMPLAINT INCLUDE:
A. KEEPING SILENT ON SUCH MATERIAL FACTS,
B. DENYING SUCH MATERIAL FACTS WITHOUT SETTING
FORTH THE MATTERS UPON WHICH HE RELIES TO
SUPPORT HIS DENIAL, AND
C. ASSERTING LACK OF KNOWLEDGE OR INFORMATION
OF THE TRUTH OF THE MATERIAL ALLEGATIONS WHEN
THE SAME IS PLAINLY AND NECESSARILY WITHIN THE
KNOWLEDGE OF DEFENDANT.
REMEDY OF PARTY WHO MADE A JUDICIAL ADMISSION:
1. WRITTEN ADMISSION– FILE A MOTION TO WITHDRAW
SUCH PLEADING, OR ANY OTHER WRITTEN INSTRUMENT
CONTAINING SUCH ADMISSION.
2. ORAL ADMISSION– THE COUNSEL MAY MOVE FOR THE
EXCLUSION OF SUCH ADMISSION
 JUDICAL ADMISSION VS EXTRAJUDICIAL
ADMISSION
JUDICIAL ADMISSION:
A JUDICIAL ADMISSION CONCLUSIVELY BINDS THE
PARTY MAKING IT, HE CANNOT THEREAFTER TAKE A
POSITION CONTRADICTORY TO, OR INCONSISTENT WITH
HIS PLEADINGS. ACTS OR FACTS ADMITTED DO NOT
REQUIRE PROOF AND CANNOT BE CONTRADICTED
UNLESS IT IS SHOWN THAT THE ADMISSION WAS MADE
THROUGH PALPABLE MISTAKE OR THAT NO SUCH
ADMISSION WAS MADE (CAHILIG V. HON. TERENCIO
[2010]).
EXTRA JUDICIAL ADMISSION:
THE EXTRAJUDICIAL ADMISSION OF ONE ACCUSED IS
ADMISSIBLE ONLY AGAINST SAID ACCUSED, BUT IS
INADMISSIBLE AGAINST THE OTHER ACCUSED. BUT IF
THE DECLARANT OR ADMITTER REPEATS IN COURT HIS
EXTRAJUDICIAL ADMISSION, DURING THE TRIAL AND THE
OTHER ACCUSED IS ACCORDED THE OPPORTUNITY TO
CROSS-EXAMINE THE ADMITTER, THE ADMISSION IS
ADMISSIBLE AGAINST BOTH ACCUSED BECAUSE THEN IT
IS TRANSPOSED INTO A JUDICIAL ADMISSION .
 RULES TO BE OBSERVED IN TAKING
CONFESSION OR ADMISSION

1. CONFESSION OR ADMISSION MUST BE TAKEN PREFERABLY

IN WRITING AND UNDER OATH
2. IT MUST BE WRITTEN IN THE LANGUAGE KNOWN AND
UNDERSTOOD BY THE ACCUSED, IF NOT IT MUST BE CLEARLY
TRANSLATED
3. IT MUST BE FREELY AND VOLUNTARY GIVEN BY
THE ACCUSED
4. UNDER THE NEW CONSTITUTION, IT MUST BE
TAKEN IN THE PRESENCE OF COMPETENT AND
INDEPENDENT COUNSEL CHOSEN BY THE ACCUSED