ADOPTIVE ADMISSION:

    AN ADOPTIVE ADMISSION IS A PARTY’S REACTION TO A STATEMENT OR ACTION BY ANOTHER PERSON WHEN IT IS REASONABLE TO TREAT THE PARTY’S REACTION AS AN ADMISSION OF SOMETHING STATED OR IMPLIED BY THE OTHER PERSON. Jones explains that the “basis for admissibility of admissions made vicariously is that arising from the ratification or adoption by the party of the statements which the other person had made.” To use the blunt language of Mueller and Kirkpatrick, “this process of attribution is not mumbo jumbo but common sense.” In the Angara Diary, the options of the petitioner started to dwindle when the armed forces withdrew its support from him as President and commander-in-chief.  Thus, Executive Secretary Angara had to ask Senate President Pimentel to advise petitioner to consider the option of “dignified exit or resignation.”  Petitioner did not object to the suggested option but simply said he could never leave the country.  Petitioner’s silence on this and other related suggestions can be taken as an admission by him. (Estrada vs.  Desierto [2001]).

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