Admission Of A Party
On Evidence
Admission
any statement of fact made by a party against his interest or
unfavorable to the conclusion for which he contends or is
inconsistent with the facts alleged by him.
Types
1. Verbal or written
2. Express or tacit
3. Judicial
Judicial
One made in connection with a judicial proceeding in which it is
offered.
Extra-Judicial
Any admission other than judicial.
General Rule
Any act/declaration/omission of a party as to a relevant fact may
be given in evidence against him.(Rule 130 Sec.26)
It is a voluntary acknowledgment in express terms or by implication,
by a party interest or by another by whose statement he is legally
bound, against his interest, of the existence or truth of a fact in
dispute material to the issue (Francisco).
Express Admissions
are those made in definite, certain and unequivocal language.
Example:
Action for personal injuries caused by a collision between P’s
carriage and D’s automobile. D was not in the automobile when the
accident occurred. D’s son was driving the automobile, having
taken it without express permission from D. Before trial D told P’s
husband that he had bought the automobile for the pleasure of his
family and for business; that members of the family might take it
without asking; and that so far as the liability extended (D) was
responsible. On the bases of this express admission, verdict was
rendered for P. Likewise, defendant duly executes and signs a
document before a notary public stating therein that his wife is the
true and absolute owner of the lands which are the subject matter of
the litigation. Said document is an express admission that defendant
is not the owner of the land, and admissible against him.
Implied Admissions
are those which may be inferred from the acts, declarations or
omission of a party. Therefore, an admission may be implied from
conduct, statement of silence of a party.
Examples:
The payment of interest of a debt is an implied admission of the
existence of the debt.
The repair made by the landlord is the implied admission that it is
not the duty of the tenant to repair.
The immediate flight of the accused and prolong stay in other country
is the implied consciousness of guilt.
NOTE: Failure to answer a letter does not give rise to an implied
admission as to the truth of the statements contained therein, since
there is no duty upon the addressee to reply. However, where the good
faith requires that the addressee state his position frankly so that
the addressee be not misled, acquiescence may be inferred from
non-denial.
Failure to return or object to a bill or statement sent by the debtor,
within a reasonable time, is competent evidence (but rebuttable) that
the account is correct. Undue delay in the enforcement of a right is
strongly persuasive of a lack of merit in the claim, since it is
human nature for a person to assert his rights most strongly when they
are threatened or invaded.
Delay in instituting a criminal prosecution unless satisfactorily
explained, creates suspicion about the motive of the supposed offended
party and gives rise to reasonable doubt of the guilt of the defendant.
Implied admission is cannot be inferred from an act of repairing a
defect which caused on injury. This is founded on sound reason and
good policy. A person may have exercised all the care which the law
required and yet, in the light of his new experience, after an
unexpected accident has occurred, and as a measure of extreme caution,
he may adopt additional safeguards.
The rule that the act, declaration or omission of a party may be
given in evidence against him is based upon the presumption that no
man could declare anything against himself, unless such declarations
were true.
It is a rule that a “statement is not competent as an admission where
it does not, under a reasonable construction, appear to admit or
acknowledge the fact which is sought to be proved by it.”
Requisites For Admissibility Of Admissions
1. They must involve matters of fact and not of law
2. They must be categorical and definite
3. They must be knowingly and voluntarily made
4. They must be adverse to the admitter’s interests, otherwise it
would be self-serving and inadmissible.
An Admission May Be Introduced In Evidence In Two Ways
1. Independent evidence
2. Impeaching evidence
Independent Evidence
admissions are original evidence and no foundation is necessary for
their introduction in evidence.
If the admission was made orally, it may be proved by any competent
witness who heard them or by the declarant himself. The law does not
require impossibilities. If the witness states the substance of
the conversation or declaration, the admission of his testimony is
not erroneous.
Impeaching Evidence
a proper foundation must be laid for the impeaching questions, by
calling attention of such party to his former statement so as to
give him an opportunity to explain before such admissions are offered
in evidence.
Judicial Admission
It is one made in connection with a judicial proceeding in which it
is offered, while an extrajudicial admission is any other admission.
Self Serving Declaration
is one which has been made extra-judicially by the party to favor his
interests. It is not admissible in evidence.
The vital objection to the admission of this kind of evidence is
its hearsay character. To permit introduction would open the door
to frauds and perjuries.
Reasons For The Inadmissibility Of Self-Serving Declarations
1. The inherent untrustworthiness of the declarations
2. The fact that to permit their introduction would open the door
to fraud and fabrication of testimony.
3. The fact that if testified to by one other than the declarant,
they would be hearsay.
Self serving testimony refers to extrajudicial statement of a
party which is being urged for admission in court. It does not
include his testimony as a witness in court. It has no application
to a court declaration. Where the statement was not made in
anticipation of a future litigation, the same cannot be considered
self-serving.
The mere fact of death alone does not render competent self-serving
conduct, admissions or declarations of the deceased person during
his life-time.
Unsworn declarations by others for the declarant would be
inadmissible.
Persons Whose Unsworn Declarations In Behalf Of A Party
Are Not Admissible In Favor Of The Latter
1. Agents, as regards their principals
2. A co-defendant or co-partner, as regards the other
3. A guardian as regards his word.
4. A principal as regards his surety
5. A husband or wife as regards his or her spouse
6. An employee, as regards his employer
7. Officers of the corporation
8. Public officers as regards public corporation
9. Predecessors in title, as regards am owner of property
Self Serving Declarations Made By A Party Are Admissible In
His Own Behalf In The FF:
1. When they form part of res gestae, including spontaneous
statements and verbal acts.
2. When they are in the form of complaint and exclamations of pain
and suffering.
3. When they are part of a confession offered by the prosecution,
that his testimony is a recent fabrication, in which case his
prior declaration, even of a self serving character, may be
admitted, provided they were made at a time when a motive to
misrepresent did not exist.
4. Where they are offered by the argument. The objections which
have been pointed out do not apply against the reception of the
statements of one party as evidence when such statements are
offered by his adversary. Every written statements of a party in
his own favor can be successfully turned when such statements are
offered against him.
5. When they are offered without objection, the evidence cannot
afterward be objected to as incompetent.
Diaries, as a general rule, are inadmissible because they are
self-serving in nature, UNLESS they have the nature of books of
account; but it has been held that an entry in diary, being in the
nature of a declaration, if it was against interest when made, is
admissible.
An invoice prepared by a merchant in the city covering merchandise
consigned to his agent in the province, and a letter of said
merchant requesting confirmation of the receipt of said merchandise
by the agent, are not self-serving if they had been prepared not in
anticipation of litigation in which they were presented as evidence.
Carbon copies of letters of demands sent to defendant, receipt of
which was acknowledged.
Flight from justice is an admission by conduct and circumstantial
evidence of consciousness guilt.
Evidence of attempts to suppress evidence, as by destruction of
documentary evidence are admissible under the same rationale.
The act of reporting a machine, bridge, or other facility after an
injury has been sustained therein is not an implied admission of
negligence by conduct. It is merely a measure of extreme caution
by adopting additional safeguards since, despite due care and
diligence, an unexpected accident can still occur.
any statement of fact made by a party against his interest or
unfavorable to the conclusion for which he contends or is
inconsistent with the facts alleged by him.
Types
1. Verbal or written
2. Express or tacit
3. Judicial
Judicial
One made in connection with a judicial proceeding in which it is
offered.
Extra-Judicial
Any admission other than judicial.
General Rule
Any act/declaration/omission of a party as to a relevant fact may
be given in evidence against him.(Rule 130 Sec.26)
It is a voluntary acknowledgment in express terms or by implication,
by a party interest or by another by whose statement he is legally
bound, against his interest, of the existence or truth of a fact in
dispute material to the issue (Francisco).
Express Admissions
are those made in definite, certain and unequivocal language.
Example:
Action for personal injuries caused by a collision between P’s
carriage and D’s automobile. D was not in the automobile when the
accident occurred. D’s son was driving the automobile, having
taken it without express permission from D. Before trial D told P’s
husband that he had bought the automobile for the pleasure of his
family and for business; that members of the family might take it
without asking; and that so far as the liability extended (D) was
responsible. On the bases of this express admission, verdict was
rendered for P. Likewise, defendant duly executes and signs a
document before a notary public stating therein that his wife is the
true and absolute owner of the lands which are the subject matter of
the litigation. Said document is an express admission that defendant
is not the owner of the land, and admissible against him.
Implied Admissions
are those which may be inferred from the acts, declarations or
omission of a party. Therefore, an admission may be implied from
conduct, statement of silence of a party.
Examples:
The payment of interest of a debt is an implied admission of the
existence of the debt.
The repair made by the landlord is the implied admission that it is
not the duty of the tenant to repair.
The immediate flight of the accused and prolong stay in other country
is the implied consciousness of guilt.
NOTE: Failure to answer a letter does not give rise to an implied
admission as to the truth of the statements contained therein, since
there is no duty upon the addressee to reply. However, where the good
faith requires that the addressee state his position frankly so that
the addressee be not misled, acquiescence may be inferred from
non-denial.
Failure to return or object to a bill or statement sent by the debtor,
within a reasonable time, is competent evidence (but rebuttable) that
the account is correct. Undue delay in the enforcement of a right is
strongly persuasive of a lack of merit in the claim, since it is
human nature for a person to assert his rights most strongly when they
are threatened or invaded.
Delay in instituting a criminal prosecution unless satisfactorily
explained, creates suspicion about the motive of the supposed offended
party and gives rise to reasonable doubt of the guilt of the defendant.
Implied admission is cannot be inferred from an act of repairing a
defect which caused on injury. This is founded on sound reason and
good policy. A person may have exercised all the care which the law
required and yet, in the light of his new experience, after an
unexpected accident has occurred, and as a measure of extreme caution,
he may adopt additional safeguards.
The rule that the act, declaration or omission of a party may be
given in evidence against him is based upon the presumption that no
man could declare anything against himself, unless such declarations
were true.
It is a rule that a “statement is not competent as an admission where
it does not, under a reasonable construction, appear to admit or
acknowledge the fact which is sought to be proved by it.”
Requisites For Admissibility Of Admissions
1. They must involve matters of fact and not of law
2. They must be categorical and definite
3. They must be knowingly and voluntarily made
4. They must be adverse to the admitter’s interests, otherwise it
would be self-serving and inadmissible.
An Admission May Be Introduced In Evidence In Two Ways
1. Independent evidence
2. Impeaching evidence
Independent Evidence
admissions are original evidence and no foundation is necessary for
their introduction in evidence.
If the admission was made orally, it may be proved by any competent
witness who heard them or by the declarant himself. The law does not
require impossibilities. If the witness states the substance of
the conversation or declaration, the admission of his testimony is
not erroneous.
Impeaching Evidence
a proper foundation must be laid for the impeaching questions, by
calling attention of such party to his former statement so as to
give him an opportunity to explain before such admissions are offered
in evidence.
Judicial Admission
It is one made in connection with a judicial proceeding in which it
is offered, while an extrajudicial admission is any other admission.
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Self Serving Declaration
is one which has been made extra-judicially by the party to favor his
interests. It is not admissible in evidence.
The vital objection to the admission of this kind of evidence is
its hearsay character. To permit introduction would open the door
to frauds and perjuries.
Reasons For The Inadmissibility Of Self-Serving Declarations
1. The inherent untrustworthiness of the declarations
2. The fact that to permit their introduction would open the door
to fraud and fabrication of testimony.
3. The fact that if testified to by one other than the declarant,
they would be hearsay.
Self serving testimony refers to extrajudicial statement of a
party which is being urged for admission in court. It does not
include his testimony as a witness in court. It has no application
to a court declaration. Where the statement was not made in
anticipation of a future litigation, the same cannot be considered
self-serving.
The mere fact of death alone does not render competent self-serving
conduct, admissions or declarations of the deceased person during
his life-time.
Unsworn declarations by others for the declarant would be
inadmissible.
Persons Whose Unsworn Declarations In Behalf Of A Party
Are Not Admissible In Favor Of The Latter
1. Agents, as regards their principals
2. A co-defendant or co-partner, as regards the other
3. A guardian as regards his word.
4. A principal as regards his surety
5. A husband or wife as regards his or her spouse
6. An employee, as regards his employer
7. Officers of the corporation
8. Public officers as regards public corporation
9. Predecessors in title, as regards am owner of property
Self Serving Declarations Made By A Party Are Admissible In
His Own Behalf In The FF:
1. When they form part of res gestae, including spontaneous
statements and verbal acts.
2. When they are in the form of complaint and exclamations of pain
and suffering.
3. When they are part of a confession offered by the prosecution,
that his testimony is a recent fabrication, in which case his
prior declaration, even of a self serving character, may be
admitted, provided they were made at a time when a motive to
misrepresent did not exist.
4. Where they are offered by the argument. The objections which
have been pointed out do not apply against the reception of the
statements of one party as evidence when such statements are
offered by his adversary. Every written statements of a party in
his own favor can be successfully turned when such statements are
offered against him.
5. When they are offered without objection, the evidence cannot
afterward be objected to as incompetent.
Diaries, as a general rule, are inadmissible because they are
self-serving in nature, UNLESS they have the nature of books of
account; but it has been held that an entry in diary, being in the
nature of a declaration, if it was against interest when made, is
admissible.
An invoice prepared by a merchant in the city covering merchandise
consigned to his agent in the province, and a letter of said
merchant requesting confirmation of the receipt of said merchandise
by the agent, are not self-serving if they had been prepared not in
anticipation of litigation in which they were presented as evidence.
Carbon copies of letters of demands sent to defendant, receipt of
which was acknowledged.
Flight from justice is an admission by conduct and circumstantial
evidence of consciousness guilt.
Evidence of attempts to suppress evidence, as by destruction of
documentary evidence are admissible under the same rationale.
The act of reporting a machine, bridge, or other facility after an
injury has been sustained therein is not an implied admission of
negligence by conduct. It is merely a measure of extreme caution
by adopting additional safeguards since, despite due care and
diligence, an unexpected accident can still occur.
Bigwas
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