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Offer of settlement

1. X, charged with rape with homicide, offered P 100,000.00 as amicable settlement to the family of the
victim. The family refused. During the trial, the prosecution’s presented in evidence X’s offer of compromise.
What is the legal implication of such offer? Explain.(1996, #15)

Answer:
The offer of P 100,000 as amicable settlement in a criminal case for rape with homicide is an
implied admission of guilt. It does not fall within the exceptions of quasi-offenses or those allowed by law
to be compromised.

2. Pedro was charged with homicide for having hacked Ramon to death. Before the case could be tried, the
heirs of Ramon sought out Pedro and discussed with him the possibility of settlement of the case. Pedro agreed to a
settlement. When the heirs asked how much he was willing to pay, Pedro offered P 30,000 which the heirs accepted.
Is the agreement to settle as well as the offer to pay P 30,000 by Pedro admissible in evidence against him as an
implied of guilt? Explain. (1989, #11)

Answer:
Yes. Under the Rules on Evidence, in criminal cases which are not allowed by law to be
compromised, an offer of compromise by the accused may be received in evidence as an implied
admission of guilt. Since a criminal case for homicide is not allowed by law to be compromised, Pedro’s
offer of P 30,000 for the settlement of the case, which the heirs accepted, is admissible in evidence against
him as an implied admission of guilt.

3. A was accused of having rape X. Rule on the admissibility of the following pieces of evidence:
1. an offer of A to marry X (1998, #16)

Answer:
A’s offer to marry X is admissible in evidence as an implied admission of guilt because rape cases
are not allowed to be compromised.

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