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  • Tamargo V Awingan

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    Melvin Ikko Esporna
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    Lucio Columna confessed to participating in the 2003 shooting of Atty Franklin Tamargo and his daughter as a lookout, and implicated Romulo Awingan as the gunman and Licerio Antiporda Jr. and his son Lloyd Antiporda as the masterminds. However, the Supreme Court ruled that Columna's confession was not admissible as evidence against Awingan and the Antipordas because under the rule of res inter alios acta, the rights of a party cannot be prejudiced by the acts or statements of another. Therefore, Columna's extrajudicial confession was only binding on himself and was considered inadmissible hearsay against his co-accused.

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    Tamargo v Awingan

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    Lucio Columna confessed to participating in the 2003 shooting of Atty Franklin Tamargo and his daughter as a lookout, and implicated Romulo Awingan as the gunman and Licerio Antiporda Jr. and his son Lloyd Antiporda as the masterminds. However, the Supreme Court ruled that Columna's confession was not admissible as evidence against Awingan and the Antipordas because under the rule of res inter alios acta, the rights of a party cannot be prejudiced by the acts or statements of another. Therefore, Columna's extrajudicial confession was only binding on himself and was considered inadmissible hearsay against his co-accused.

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    © All Rights Reserved
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    32 views1 page

    Tamargo V Awingan

    Uploaded by

    Melvin Ikko Esporna
    Lucio Columna confessed to participating in the 2003 shooting of Atty Franklin Tamargo and his daughter as a lookout, and implicated Romulo Awingan as the gunman and Licerio Antiporda Jr. and his son Lloyd Antiporda as the masterminds. However, the Supreme Court ruled that Columna's confession was not admissible as evidence against Awingan and the Antipordas because under the rule of res inter alios acta, the rights of a party cannot be prejudiced by the acts or statements of another. Therefore, Columna's extrajudicial confession was only binding on himself and was considered inadmissible hearsay against his co-accused.

    Copyright:

    © All Rights Reserved
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    of 1

    Tamargo v Awingan, G.R. No.

    177727, January 19, 2010

    Facts: Atty Franklin Tamargo and his 8y/o daughter were shot killed in 2003. Reynaldo Geron surfaced
    and executed an affidavit wherein he stated that Lucio Columna told him during a drinking spree that
    Atty Tamargo was ordered to killed by Lloyd Antiporda and that he was one of those who killed Atty
    Tamargo. Columna was arrested.

    Columna executed an affidavit wherein he admitted his participation as “look out” during shooting and
    implicated Romulo Awingan as the gunman. He also tagged as masterminds Licerio Antiporda, Jr. and his
    son Lloyd Antiporda.

    In another handwritten letter addressed to city prosecutor, Columna said that he was only forced to
    withdraw all his statements against respondents. RTC judge denied the motion to withdraw the
    information. CA Reversed decision.

    Issue: WON admission of columna is admissible against Awingan and the Antipordas.

    Ruling: Columna’s confession was not admissible as evidence against respondents in view of the rule on
    res inter alios acta. The rule provides that the rights of a party cannot be prejudiced by an act,
    declaration, or omission of another. Consequently, an extra judicial confession is binding only on he
    confessant, is not admissible against his co-accused and is considered hearsay against them.

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