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Summary
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right to invoke the dead man's statue. [Santos v. Santos]
Distinctions
Attorney-Client Privilege
Priest-Penitent Privilege
Definition of Admission
Sec. 27-31- Res Inter Alios Acta Rule (Res Inter Alios Acta Nocere Non Debet)
1 General Rule – The act, declaration or omission [MADE OUT OF COURT] of a party as to a relevant
fact:
1 May be given in evidence against him [Sec. 27], BUT
2 It may NOT be given in evidence against another person [Sec. 28].
2 Exceptions – The act or omission of one party [MADE OUT OF COURT] may be used as evidence
against another, when it is an admission made by a/n:
1 PARTNER [Sec. 29]
2 AGENT [Sec. 29]
3 JOINT OWNER [Sec. 29]
4 JOINT DEBTOR [Sec. 29]
5 A person JOINTLY INTERESTED with the party [Sec. 29]
6 CONSPIRATOR [Sec. 30]
7 PRIVY or Successor-in-Interest [Sec. 31]
29
Requisites:
30
1 The conspiracy is shown by evidence other than such act or declaration; (independent evidence)
2 That the statement, act or declaration relates to the purpose or object of the conspiracy;
3 The statement, act or declaration must be made during the existence of the conspiracy NOT before
or after.
31
1 An act or declaration made in the presence and within the hearing distance of a party;
2 It is made in the presence and within hearing distance of a party;
3 The act or declaration is such as naturally to call for action or comment from said party, if not
true;
4 Said party does or says nothing even though proper and possible for him to do so;
5 The act or declaration may be given in evidence against said party.