On


Declaration Against Interest

Requisites
1. That the declarant is dead and unable to testify
2. That it relates to facts against the interest of the declarant
3. That at the time he made the said declaration the declarant was aware that the same was contrary to his aforesaid interest
4. That the declarant had no motive to falsify and he believed such actual declarant to be true.


Reason For Such Admission
1. Necessity – such declarations are the only mode of proof available
2. Trustworthiness – persons do not make statements that are disadvantageous to themselves without substantial reason to believe that the statements are true. Self-interest induces men to be cautious in saying anything against themselves. In other words, we can safely trust a man when he speaks against his interest.


Interest Covered
1. Proprietary interest
2. Penal interest
3. Pecuniary interest


The declarant must realize at the very time of making the declaration that his declaration is against his interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true.


It is essential that at the time of the statement, the declarant’s interest affected thereby should be
actual/real/apparent not merely contingent, future or unconditional, otherwise, the declaration would not, in reality, be against interest.


Admission vs Declaration Against Interest
1. Admission
An Admission need to be, although of course, it will greatly enhance its probative weight if it be so made.

Declaration Against Interest
The declaration against interest must have been made against the proprietary or pecuniary interest of the parties.

2. Admission
Made by a party himself and is a primary evidence and competent though he be present in court and ready to testify.

Declaration Against Interest
Must have been made by person who is either deceased or unable to testify.

3. Admission
Admission can be made anytime

Declaration Against Interest
The declaration against interest must have been made anti litem motam.


Declaration against interest distinguished from admission:
1. An admission is not necessarily against the interest of the admitter WHILE the declaration must be against the declarant's own interest
2. An admission may be received even if the admitter is alive WHILE the declarant must be dead or is unable to testify
3. An admission may be received in evidence only against the admitter and those identified with him in legal interest WHILE the declaration may be received even against third persons. (Smith v. Moore, 142 N.C. 277)


When declaration against interest received in evidence:
1. Against the declarant
2. Against his successors in interest and
3. Against third persons