Sec. 38. Declaration against interest. – The
declaration made by a person deceased, or unable to testify, against the
interest of the declarant, if the fact asserted in the declaration was at the
time it was made so far contrary to declarant's own interest, that a reasonable
man in his position would not have made the declaration unless he believed it
to be true, may be received in evidence against himself or his successors in
interest and against third persons.
Requirements for admissibility
1. Declarant must be deceased or unable to testify
2. It relates to a fact against the interest of the
declarant;
3. At the time he made said declaration
the declarant was aware that the same was contrary to his aforesaid
interest; and
4. The declarant had no motive to
falsify and believed such declaration to be true.
Admissible
against:
1) Declarant;
2) Declarant’s
successors-in-interest;
3) Third
persons
● A declaration against interest is the
opposite of a a self-serving declaration which is a statement favorable or
intended to advance the interests of the declarant. Consequently, a
self-serving declaration is inadmissible as being hearsay if the declarant is
unavailable as a witness.
● A declaration admitting that he was
the one who killed the victim, made by a declarant who died shortly thereafter,
is admissible where another person was subsequently charged as the killer of
the same victim, under the theory that said declaration was one against the
penal interest of the declarant. (People vs. Toledo and Holgado, 51 Phil 825.
Admission against interest vs. Declaration
against interest
Admission against interest are those
made by a party to a case or by one in privity with or identified in legal
interest with such party, and are admissible whether or not the declarant is
available as a witness.
Declarations against interest are those
made by a person who is neither a party nor in privity with a party to the
suit, are secondary evidence but constitute an exception to the hearsay rule,
and are admissible only when the declarant is unavailable as a witness.
Declaration against interest vs. Admission by
privies
Sec. 31. Admission by privies. –
Where one derives title to property from another, the act, declaration, or
omission of the latter, while holding the title, in relation to the property,
is evidence against the former.
Declaration against interest
1. Exception to hearsay
2. Evidence against even the
declarant, his successor in interest, or 3rd persons
3. Declarant is dead or unable to
testify
4. Relates to any interest
5. Declaration must be against the
interest of the declarant
Admission by privies
1. One
of 3 exceptions to res inter alios acta
2. Evidence
against the successor in interest of the admitter
3. Admitter need
not be dead or unable to testify
4. Relates to
title to property
5. Admission
need not be against the admitter’s interest.
Cases
Viacrusis v. CA, 44 SCRA 176 (1972)
Previous recognition of ownership in another by a party in possession of
property in dispute is admission against interest which may be received even
against third persons.
People v. Toledo, 51 Phil. 825 (1928)
Declaration against interest, as an exception to the hearsay rule, covers not
only pecuniary interest, but also penal interest.
People v. Majuri, 96 SCRA 472 (1980)
Fuentes v. CA, 253 SCRA 430 (1996)
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