Monday, June 9, 2014

RES INTER ACTA ALTERI NOCERE NON DEBET RULE: THE RULE ON RES INTER ALIOS ACTA PROVIDES THAT THE RIGHTS OF A PARTY CANNOT BE PREJUDICED BY AN ACT, DECLARATION, OR OMISSION OF ANOTHER:

     Consequently, an extrajudicial confession is binding only on the confessant, is not admissible against his or her co-accused and is considered as hearsay against them. The reason for this rule is that: “On a principle of good faith and mutual convenience, a man’s own acts are binding upon himself, and are evidence against him. So are his conduct and declarations. Yet it would not only be rightly inconvenient, but also manifestly unjust, that a man should be bound by the acts of mere unauthorized strangers; and if a party ought not to be bound by the acts of strangers, neither ought their acts or conduct be used as evidence against him” (HAROLD V. TAMARGO vs. ROMULO AWINGAN, et al. G.R. No. 177727, January 19, 2010, Third Division, Corona, J.).

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