Res Inter Alios Acta

In as much as Bokingco’s extrajudicial confession is inadmissible against him, it is likewise inadmissible against Col, specifically where he implicated the latter as a cohort. Under Section 28, Rule 130 of the Rules of Court, the rights of a party cannot be prejudiced by an act, declaration or omission of another. Res inter alios acta alteri nocere non debet. 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. An exception to the res inter alios acta rule is an admission made by a conspirator. Section 30, Rule 130 of the Rules of Court provides that the act or declaration of the conspirator relating to the conspiracy and during its existence may be given in evidence against the co-conspirator provided that the conspiracy is shown by evidence other than by such act or declaration. In order that the admission of a conspirator may be received against his or her co-conspirators, it is necessary that first, the conspiracy be first proved by evidence other than the admission itself; second, the admission relates to the common object; and third, it has been made while the declarant was engaged in carrying out the conspiracy (People of the Philippines Vs. Michael Bokingo and Reynante Col, G.R. No. 187536. August 10, 2011)