Offer of compromise not admissible



Sec. 27. Offer of compromise not admissible. – In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror. In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.

A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to a lesser offense, is not admissible in evidence against the accused who made the plea or offer.

An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury.


Offer of compromise in civil cases

In civil cases, an offer of compromise is not an admission of any liability, and is not an admission against the offeror.

Note that the offer of compromise in civil cases is not admissible only as evidence of liability. If the offer of compromise is offered as evidence on other matters (e.g. amount of liability), then the evidence is admissible.


Offer of compromise in criminal cases

1.  An offer of compromise by the accused may be received in evidence as an implied admission of guilt. However, the accused may be permitted to prove that such offer was not made under consciousness of guilt but to avoid the risks of criminal actions against him (US vs. Maqui, 27 Phil 97).

Example: Although the marriage of the accused in a rape case extinguishes the penal action (Art. 344, RPC, Alonto vs. Savellano, Jr., 287 SCRA 245), an offer of marriage is, generally speaking, an admission of guilt (People vs. Bulos, G.R. No. 123542, June 26, 2001).

2. There is no implied admission of guilt if the offer of compromise is in relation to

(a) quasi-offenses (criminal negligence); or

(b) in those cases allowed by law to be compromised (e.g. BIR can compromise tax cases. Sec. 204 RA 8424)


Plea of guilty later withdrawn

A plea of guilty later withdrawn, is not admissible in evidence against the accused who made the plea.


An unaccepted plea of guilty to a lesser offense

An unaccepted plea of guilty to a lesser offense, is not admissible in evidence against the accused who made the plea or offer. (Cross-reference: Rule 116, Sec. 1(f), Rule 118, Secs. 1 and 2)


An offer to pay or the payment of medical, hospital or other expenses

An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injured party. Such humanitarian acts or charitable responses should be encouraged and rewarded, instead of being discouraged or penalized.

 

Cases


Veradero v. Insular Lumber, 46 Phil. 176 (1924) – evidence on an offer to compromise is admissible even in civil cases if it is to prove amount of a liability and not the liability itself.

US v. Torres, 34 Phil. 994 (1916) – offer of compromise in criminal cases inadmissible when accused shows that it was made not under a consciousness of guilt, but merely to avoid inconvenience of imprisonment or for some other reason; in this case, the law allowed compromise, thus the offer to compromise is not admitted.

People v. Godoy, 250 SCRA 676 (1995) – offer to compromise made by a person other than the accused is inadmissible if the accused repudiated the actions of such person by raising the trial court’s admission of evidence of such offer as an error.

People v. de Guzman, 265 SCRA 228 (1996) – the offer to compromise made by a person other than the accused was admitted in evidence because the accused failed to repudiate such acts by raising the trial court’s admission of evidence on such offer as an error.

People v. Yparriguirre, 268 SCRA 35 (1997) – whether a complaint has been filed or not is irrelevant as to the admissibility of an offer to compromise. 

People vs. Amiscua (1971) - In a rape case, an offer to compromise for a monetary consideration, and not to marry the victim, is an implied admission of guilt.

People vs. Valdez (1987) - An offer of marriage by the accused during the investigation of the rape case is also an admission of guilt.

People v. Maqui, 27 Phil. 97 (1914)


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