People vs. Lorenzo, G.R. No. 110107, January 26, 1995
People vs. Lorenzo, G.R. No. 110107, January 26, 1995
People vs. Lorenzo, G.R. No. 110107, January 26, 1995
FACTS: For having allegedly killed her husband on 30 July 1990, accused-appellant Dolores Lorenzo, a
policewoman, was charged with the crime of parricide in an information filed with the Regional Trial
Court (RTC), Tuguegarao, Cagayan, on 30 March 1992. The information was docketed as Criminal Case
No. 2060-92-TUG and raffled to Branch 5. The accusatory portion thereof reads as follows:
That on or about July 30, 1990, in the Municipality of Tuguegarao, Province of Cagayan, and within the
jurisdiction of this Honorable Court, the said accused, PO1 Dolores C. Lorenzo, armed with a bolo and a
fan knife, with intent to kill, with evident premeditation and with treachery did then and there wilfully,
unlawfully and feloniously attack, assault, stab, hack and chop one, Agapito Lorenzo, her own husband,
inflicting upon him several injuries on the different parts of his body which caused his death.
ISSUE: Whether or not the statement by the accused was an admission or a confession
HELD: It was an admission. We do not, however, agree with the trial court's characterization of the
appellant's declaration that she killed her husband as an extrajudicial confession. It is only an admission.
It is clear from Sections 26 and 33, Rule 130 of the Rules of Court that there is a distinction between an
admission and a confession. These sections reads as follows:
Sec. 26. Admission of a party. — The act, declaration or admission of a party as to a relevant fact may be
given in evidence against him.
xxx xxx xxx
Sec. 33. Confession. — The declaration of an accused acknowledging his guilt of the offense charged, or
of any offense necessarily included therein, may be given in evidence against him.
In a confession. there is an acknowledgment of guilt. Admission is usually applied in criminal cases to
statements of fact by the accused which do not directly involve an acknowledgment of guilt of the
accused or of the criminal intent to commit the offense with which he is charged.