52. Republic v. Kendrick Development Corp..pdf

52. Republic v. Kendrick Development Corp..pdf - 220...

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2/19/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 498 1/13 220 SUPREME COURT REPORTS ANNOTATED Republic vs. Kenrick Development Corporation G.R. No. 149576. August 8, 2006. * REPUBLIC OF THE PHILIPPINES, represented by the Land Registration Authority, petitioner, vs. KENRICK DEVELOPMENT CORPORATION, respondent. Evidence; Adoptive Admissions; Words and Phrases; A party may, by his words or conduct, voluntarily adopt or ratify another’s statement. —A party may, by his words or conduct, voluntarily adopt or ratify another’s statement. Where it appears that a party clearly and unambiguously assented to or adopted the statements of another, evidence of those statements is admissible against him. This is the essence of the principle of adoptive admission. _______________ * SECOND DIVISION. 221 VOL. 498, AUGUST 8, 2006 221 Republic vs. Kenrick Development Corporation Same; Adoptive admission occur when a party: (a) expressly agrees to or concurs in an oral statement made by another; (b) hears a statement and later on essentially repeats it; (c) utters an acceptance or builds upon the assertion of another; (d) replies by way of rebuttal to some specific points raised by another but ignores further points which he or she has heard the other make; or (e) reads and signs a written statement made by another. —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. By adoptive admission, a third person’s statement becomes the admission of the party embracing or espousing it.
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2/19/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 498 2/13 Adoptive admission may occur when a party: (a) expressly agrees to or concurs in an oral statement made by another; (b) hears a statement and later on essentially repeats it; (c) utters an acceptance or builds upon the assertion of another; (d) replies by way of rebuttal to some specific points raised by another but ignores further points which he or she has heard the other make; or (e) reads and signs a written statement made by another. Pleadings and Practice; Section 3, Rule 7 requires that a pleading must be signed by the party or counsel representing him. —Contrary to respondent’s position, a signed pleading is one that is signed either by the party himself or his counsel. Section 3, Rule 7 is clear on this matter. It requires that a pleading must be signed by the party or counsel representing him . Same; Only the signature of either the party himself or his counsel operates to validly convert a pleading from one that is unsigned to one that is signed. —Only the signature of either the party himself or his counsel operates to validly convert a pleading from one that is unsigned to one that is signed.
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