Professional Documents
Culture Documents
Evidence OTHERWISE DISCOVERABLE OR OFFERED FOR ANOTHER PURPOSE, such as proving bias or
prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct a criminal
investigation or prosecution.
Plaintiff repairer sued defendant shipowner for value of ship repair undertaken. Defendant does not
deny liability but says bill was excessive. Parties’ offers of price were admissible to prove estimated fair
value of repair job.
Exceptions: quasi-delicts and those allowed by the law to be compromised ex. Tax cases.
The better is that an offer of marriage by the offender in a rape case is an admission of liability. The law
does not allow rape to be compromised but merely provides that marriage extinguishes the crime.
An offer to compromise does not require that a criminal complaint be filed before the offer can be
received in evidence against the offeror.
ACCUSED’S ACTS OF PLEADING FOR his sister-in-law’s forgiveness may be considered as analogous to an
attempt to compromise, which can be received as an implied admission of guilt under S27 R130.
ADMISSION BY SILENCE
An AS made in the presence of and within the hearing or observation of a party who remains silent
when the AS is such as naturally to call for comment or action if not true and when proper and possible
for party to do so.
Not an implied admission of liability (Phil. First Ins. Co. v. Wallem Phil.)
No admission by silence if party has a right to remain silent. (ex. Custodial investigation)
Non- flight is not evidence of Innocence. Vs, people v. credo- reconcile- in credo, the non-flight was
coupled with the numerous inconsistencies in the circumstantial evidence. The non-flight here is proof
of innocence.
Vicarious admissions, like direct admissions, are not covered by the hearsay rule.
Hence a witness may testify regarding a vicarious admission even if the same was made out of court.
Admissions are treated as non-hearsay, or not covered by the hearsay rule not an exception.