Professional Documents
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Group 1
Group 1
1
REPORT
TOPIC: Extra Judicial Confession versus Extra
Judicial Admission and the Legal Requirements,
Judicial versus Extra Judicial Admission and
Confession
MEMBERS:
Baruela Jhon Paul V.
Baroña John Louie R.
Bañez Nelie Jane B.
Babila Regine C.
Balaoro Iran P.
Barbosa Princess Gem N.
Baula Leina Mae
ADMISSION AND CONFESSION
Underlying Principle:
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.
EXTRA-JUDICIAL 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.
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 influenced, or subjected to third degree.
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.
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.
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.
● 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.
● 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:
Keeping silent on such material facts,
Denying such material facts without setting forth the matters upon which he relies to
support his denial, and
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.
NOTE:
Judicial admissions are conclusive and no evidence is required to prove the same
(Solivio vs. CA, 182 SCRA 119)
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]).