A vicarious admission is considered an exception to the hearsay rule. It, however, does not cover: (1%)
(A) admission by a conspirator
(B) admission by a privy
(C) judicial admission
(D) adoptive admission
Suggested answer only. Not an official answer and not legal advice.
(C) judicial admission is the correct answer. Under Rule 130 of the Rules of Court, a vicarious admission is an extrajudicial statement of a third person admissible against a party due to a
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Quick check
Which of the following is NOT a vicarious admission under the Rules on Evidence?
A judicial admission is a direct admission made in judicial proceedings and is not a vicarious admission.
What makes an extrajudicial statement admissible as a vicarious admission under Rule 130?
Vicarious admissions are admissible against a party based on a recognized legal relationship or adoption of the statement.
Under Rule 130, when is an extrajudicial admission by a conspirator admissible against a co-conspirator?
An admission by a conspirator is admissible against co-conspirators only if made during the conspiracy and in furtherance thereof.
How does a judicial admission differ from an extrajudicial vicarious admission under the Rules of Court?
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What is an adoptive admission under the Revised Rules on Evidence?
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Learn more about these topics
1. Vicarious Admission Nature
Under Rule 130 of the Revised Rules on Evidence, a vicarious admission is an extrajudicial declaration made by a third person that is admissible against a party due to a specific legal relationship or adoption. These exceptions to the hearsay rule include extrajudicial statements made by a co-partner, an agent, a co-conspirator, or a privy in estate, as well as adoptive admissions where a party manifests adoption or belief in the truth of another's statement.
2. Judicial Admission Distinction
A judicial admission under Rule 129, Section 4 of the Rules of Court is an admission made directly by a party or counsel in the pleadings, during trial, or in other judicial proceedings. Unlike vicarious admissions, which involve extrajudicial statements of third persons offered against a party, a judicial admission is made directly by the party or authorized representative within the judicial proceeding and does not require proof nor constitute an exception to the hearsay rule.
3. Adoptive Admission Doctrine
An adoptive admission occurs when a party explicitly or implicitly adopts, ratifies, or assents to a statement made by another person. Under the Rules on Evidence, when a party manifests adoption or belief in the truth of an extrajudicial statement, that statement becomes admissible against the adopting party as an exception to the hearsay rule, functioning in law as if the party made the statement personally.