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Admission By Third Party



Unless he assents thereto, a party to an action cannot be affected
by the admission of a person who does not occupy toward him any
relation of privity, agency or joint interest.

The act, declaration or omission of another is generally irrelevant,
and that in justice a person should not be bound by the acts of mere
unauthorized strangers.

The rule is well-settled that a party is not bound by any agreement
of which he has no knowledge and to which he has not given his
consent and that his rights cannot be prejudiced by the declaration,
act or omission of another, except by virtue of a particular relation
between them.

This section refers to the first branch of the rule of “Res Inter
Alios Acta Alteri Nocere Non Debet”. It is corollary known as the
second branch of the rule, is found in Section 34 of Rule 130.

Exceptions To This Rule:
1. Those instances where the third person is a partner, agent, joint
   owner, joint debtor or has a joint interest with the party
   (Section 29)
2. Is a co-conspirator
3. Is a privy of a party

Basis of the Exceptions
A third party may be so united in interest with the party-opponent
that the other person’s admissions may be receivable against the
party himself. The term “privy” is the orthodox catchword for the
relation.

Res Inter Alios Acta

Definition:
The rights of a party cannot be prejudiced by an
act/declaration/omission of another.
(1st branch of the res inter alios acta rule)

Only the admissions of a party-litigant are admissible as
substantive evidence. Those of non-party witnesses may be admitted
for impeachment purposes only.

An admission by a 3rd-party cannot bind a party-litigant because
such 3rd-party admission would be res inter alios acta and
therefore hearsay.

Extra-judicial statements of an accused implicating a co-accused
may not be utilized against the latter.
Exception: People vs. Raquel 1996
1. The co-accused impliedly acquiesced in or adopted the confession
   by not questioning its truthfulness
2. The accused persons voluntarily and independently executed
   identical confessions without collusion and without contradiction
   by the others present
3. The accused admitted the facts after being apprised of the
   confession
4. If they are charged as co-conspirators of the crime which was
   confessed by 1 of the accused and the confession is used only
   as a corroborating evidence
5. The confession is used as circumstantial evidence to show the
   probability of participation by the co-conspirator
6. The confessant testified for his co-defendant
7. The co-conspirator’s extra-judicial confession is corroborated
   by other evidence on record.

Exceptions To Res Inter Alios Acta
1. Partner’s/agent’s admission
   (Rule 130, Sec.29)

   Requisites:
   a. The act/declaration must be within the scope of the authority
      of the partner/agent.
   b. The act/declaration must have been made during the existence
      of the partnership/agency.
   c. The partnership or agency must be shown by evidence other
      than the act or declaration.

      This rule applies to the act/declaration of a joint owner,
      joint debtor or other person jointly interested with the
      party. Statements made after a partnership has been dissolved
      do not fall within this exception.
2. Co-conspirator’s admission
   (Rule 130, Sec.30)
   Requisites:
   a. The act/declaration must relate to the conspiracy;
   b. It must have been made during the existence of the conspiracy
      and not long after the conspiracy had been brought to end.
      (People vs. Chaw Yaw Shun 1968)
   c. The conspiracy must be shown by evidence other than such
      act/declaration.

      The existence of the conspiracy may be inferred from the
      acts of the accused. (People vs. Belen 1963)

      Where there is no independent evidence of the alleged
      conspiracy, the extra-judicial confession of an
      accused cannot be used against his co-accused as the res
      inter aliosrule applies both to extra-judicial confessions
      and admissions.(People vs. Alegre 1976)

      This rule in Rule 130, Sec. 30 applies only to extra-judicial
      statements, not to testimony given on the stand.
      (People vs. Serrano 1959)

3. Admission by privies. (Rule 130 Sec.31)
   Where one derives title to property from another,
   the act/declaration/omission of the latter, while holding the
   title, in relation to the property, is evidence against the
   former.
   Requisites: (People vs. Du)
   a. There exists a relation of privity between the party and
      the declarant

      Privity in estate may have arisen by succession, acts mortis
      causa or acts inter vivos. (Alpuerto vs. Perez Pastor)

   b. Admission was made by declarant as predecessor-in-interest
      while holding title to property;
   c. Admission is in relation to the property.



















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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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