WHAT IS AN EXTRA-JUDICIAL CONFESSION? IS IT VALID? WHAT ARE THE REQUISITES FOR ITS VALIDITY?
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Let's talk about the Extrajudicial Confession as provided in Section 2D of Republic Act 7438.
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Ano ba itong Extrajudicial Confession?
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But before that, allow me to impart to you the difference between the word confession and admission.
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A confession is a declaration made at any time by a person, voluntarily and without compulsion or inducement, stating or acknowledging that he had committed or participated in the commission of a crime.
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On the other hand, admission is usually applied in criminal cases to statements of fact by the accused,
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which do not directly involve an acknowledgement of the crime.
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This was decided in the case of U.S. v. Corrales.
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So, admission is of a lesser degree compared to confession because confession is basically confessing to the commission of a crime.
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Admitting the commission of a crime.
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Or admitting or confessing.
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Confessing or acknowledging his guilt.
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When you say extrajudicial as applied to confession, it means a confession made outside of court or executed without the intervention of a court.
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Because there is such a term as judicial confession.
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When you say judicial confession, it is an admission of guilt or acknowledgement of guilt made in open court.
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By the accused who is charged of a crime, which is pending in that court.
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But when you say extrajudicial, there is no case yet.
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Or even if there is a case filed against the person, he makes a confession outside of the court.
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Now, what are the requisites of a valid extrajudicial confession?
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To be admissible, an extrajudicial confession must satisfy...
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the following requirements.
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The confession must be voluntary.
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It must be made with the assistance of a competent and independent counsel.
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It must be in writing.
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In People v. Moleta, the Supreme Court stated that to be acceptable, it must conform to constitutional requirements.
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A confession is not valid and not admissible in every court.
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A confession is not valid and not admissible in every court.
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A confession is not valid and not admissible in every court.
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A confession is not valid
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when it is obtained in violation of any of the following rights of persons under custodial investigation.
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there must be no violation of the Miranda rights of the accused or the person under investigation.
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Under custodial investigation, I mean.
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There was already a violation of the rights of the said person,
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During his custodial investigation, even if there was no or he did not make yet an extrajudicial confession, whatever extrajudicial confession he makes will no longer be considered valid.
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That is the point there.
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Now, if the extrajudicial confession satisfies these constitutional standards, meaning there was no violation of the Miranda rights of the accused or of the person under custodial investigation, it is subsequently tested for voluntariness.
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I mean, voluntariness meaning if it was given freely without coercion, intimidation, inducement, or false promises.
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And thereafter, credibility if it was consistent with the normal experience of mankind.
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In People vs. Satori, the Supreme Court defined what the word voluntary means.
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It means that the accused must speak of his free will and accord without inducement of any kind and with a full and complete knowledge of the nature and consequences of the confession.
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And when the speaking is so free from influences affecting the will of the accused, at the time the confession was made, that it renders it admissible in evidence against him.
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Section 2D of RA 7438 further provides that
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Aside from those requisites which I have mentioned,
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that it must, or that there must be no violation,
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violation of the Miranda rights of the person under investigation,
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that it must be voluntary and there must be some credibility in his confession.
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Section 2 further provides that
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Whenever there is an extrajudicial confession to be made,
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it must be made in the presence also of any of the parents or elder brothers or sisters or the spouse or the mayor or...
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the judge or the district supervisor or district school supervisor or the priest or minister of the gospel as chosen by him.
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So, any of the persons.
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It requires the presence of any of the persons enumerated.
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Otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.
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Summing it up, these are the requisites of a valid extrajudicial confession.
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Number one, it must not be taken in violation of a person's Miranda rights.
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Second, it must be voluntary and credible.
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Third, it must be made with the assistance of a competent and independent counsel,
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preferably of the confessor's choice.
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Fourth, it must be in writing.
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And fifth, as I have already mentioned,
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And it must be made in the presence of any of the parents or elder brothers and sisters, etc.
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As chosen by the confesant.
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Meaning to say, the confesant may choose that his parent should be present at the time he makes such extrajudicial confession.
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Or he could choose his wife or his elder brother or sister, as the case may be.
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Now, what is the effect of the violation of the said rights?
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Under Section 12, Paragraph 3, Article 3 of the 1987 Constitution,
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any confession or admission obtained in violation of this or Section 17 hereof
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shall be inadmissible in evidence against the supposed confesant.
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Take note of that.
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This is so because a confession must be given voluntarily, free from any suspicious circumstances,
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tending to cast doubt on the integrity and credibility of the confession.
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Otherwise, the same cannot be used as evidence in any proceeding against the person who made such confession.
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This is called in the Law on Evidence as the Exclusionary Rule.
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For more information, visit www.fema.gov.
