2025 Remedial Law, Q7

A was arrested for carnapping B’s car. During the investigation, A executed an extrajudicial confession admitting the crime and implicating C and D as his co-conspirators. As a result, C and D were also arrested. During the trial, C and D objected to the admission of A’s extrajudicial confession as against them but the objection was overruled. The trial court eventually rendered a verdict of conviction against A, C, and D using as its sole basis A’s extrajudicial confession. Is the verdict of conviction correct? Reason(s).

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Is the trial court's verdict of conviction against A, C, and D correct?

Under Rule 130, Section 29 of the Rules on Evidence, what is the legal effect of an extrajudicial confession on co-accused?

When is a declaration by a co-conspirator admissible against co-accused under the Rules on Evidence?

Under Rule 133, Section 3 of the Rules on Evidence, what is required to sustain a conviction based on an extrajudicial confession?

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Why is A's extrajudicial confession executed during custodial investigation inadmissible against C and D?

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1. Res Inter Alios
Under Rule 130, Section 29 of the Rules on Evidence, the declaration of an accused expressly acknowledging guilt is admissible only against the confessant. Under the res inter alios acta rule, an extrajudicial confession cannot be admitted as evidence against co-accused who took no part in making the statement. Although an exception exists for declarations by co-conspirators, this exception applies exclusively to acts or statements made during the existence of the conspiracy. Extrajudicial confessions executed after the conspiracy has ended or after arrest are inadmissible hearsay against co-defendants.

2. Corpus Delicti
Rule 133, Section 3 of the Rules on Evidence explicitly mandates that an extrajudicial confession executed by an accused shall not be sufficient ground for conviction unless corroborated by independent evidence of corpus delicti. Corpus delicti refers to the actual body or substance of the crime, requiring independent proof that a specific injury or loss occurred and that a criminal act caused it. An extrajudicial confession alone, unsupported by physical evidence, witness testimony, or documentary proof establishing the commission of the crime, cannot legally sustain a verdict of guilt.

3. Co-Conspirator Rule
For a co-conspirator's extrajudicial statement to be admissible against co-accused under Rule 130, Section 31, the declaration must occur during the pendency of the conspiracy and in furtherance of its common objectives. Statements made after the conspiracy has terminated, such as custodial confessions given to law enforcement officers after arrest, are non-admissible against co-conspirators. Once the criminal enterprise ends or the perpetrators are apprehended, subsequent admissions bind only the declarant and cannot be used to establish the criminal liability of former accomplices or co-conspirators.

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