Evidence Notes 1

Rule 129 A court may take judicial matters which are of
WHAT NEED NOT BE PROVED a) Public knowledge, or

b) Are capable of unquestionable demonstration, or
RULE 129 SECTIONS 1 & 2 JUDICIAL NOTICE c) Ought to be known to judges because of their judicial
function
JUDICIAL NOTICE
Matters which must be admitted without need for evidence NOTES:
The cognizance of certain facts that judges may properly The principles of discretionary judicial notice will apply here
take and act on without proof because these facts are the following requisites are met:
already known to them. a) The matter must be of common knowledge;
It is the assumption by a court of a fact without need of b) The matter must be settled beyond reasonable doubt (if
further traditional evidentiary support. there is any uncertainty about the matter, then evidence
must be adduced); and
WHY IS THERE A NEED FOR JUDICIAL NOTICE? c) The knowledge must exist within the jurisdiction of the
To abbreviate litigation by the admission of matters that court.
need no evidence
The principle is based on convenience and expediency in Mere personal knowledge of the judge is NOT judicial notice
securing and introducing evidence on matters which are not Courts MAY take judicial notice of its own acts and records in
ordinarily capable of dispute and are not bona fide disputed. the same case
It takes the place of proof and is of equal force. It displaces Courts MAY NOT take judicial notice of the contents or
evidence and fulfils the purpose for which the evidence is records of other cases even if both cases may have been
designed to fulfil. tried or are pending before the same judge.
XPN:
Section 1. Judicial notice, when mandatory (1) When there is no objection, with the knowledge of
A court shall take judicial notice without the introduction of the opposing party, the contents of said other case
evidence are clearly referred to and adopted or read into the
a) the existence and territorial extent of states; record of the latter; or
b) the political history, forms of government and symbols of (2) When the original or part of the records of the case is
nationality of states; actually withdrawn from the archives at the courts
c) the law of nations; discretion upon the request, or with the consent, of
d) the admiralty and maritime courts of the world and their the parties, and admitted as part of the record of the
seals; pending case
e) the political constitution and history of the Philippines;
f) the official acts of the legislative, executive and judicial RULE 129 SECTION 4 JUDICIAL ADMISSIONS
departments of the Philippines;
g) the laws of nature; Section 4. Judicial admissions.
h) the measure of time; and An admission
i) the geographical divisions. Verbal or written
Made by a party
NOTES: In the course of the proceedings in the same case
No motion of hearing is necessary for the court to take
judicial notice of a fact. DOES NOT require proof
Does not need an introduction of evidence
The admission MAY be contradicted ONLY by showing that
Section 2. Judicial notice, when discretionary It was made through palpable mistake OR
No such admission was made Must be reduced in writing and signed by the accused and
his counsel
NOTES:
REQUISITES OF JUDICIAL ADMISSION EFFECT OF JUDICIAL ADMISSIONS
(1) Must be made by a party to the case a) It does NOT require proof
(2) Must be made in the course of the proceedings in the same b) It is conclusive upon the party making it, and
case hence, CANNOT be contradicted.
(3) May be verbal or written
An original complaint, after being amended, loses its
If made in a trial in another case The same would be character as a judicial admission, which would have
considered an extrajudicial admission for the purpose of the required no proof. It becomes merely an extrajudicial
other proceeding where such admission is offered. admission requiring a formal offer to be admissible.
A party who judicially admits a fact CANNOT later
WHERE JUDICIAL ADMISSIONS MAY BE MADE challenge that fact as judicial admissions are a
a) Pleadings filed by the parties (including admissions made in waiver of proof; production of evidence is dispensed
pleadings which are withdrawn/superseded by an amended with.
pleading)
b) The course of the trial either by verbal/written HOW JUDICIAL ADMISSIONS MAY BE CONTRADICTED
manifestations/stipulations GR: Judicial admissions CANNOT be contradicted
c) Other stages of judicial proceedings
XPN: By showing that:
HOW JUDICIAL ADMISSIONS MAY BE OBTAINED (1) It was made through palpable mistake;
a) Depositions (2) No such admission was made.
b) Written interrogatories
c) Request for admissions
This may be invoked when:
ADMISSIONS DURING PRE-TRIAL the statement of a party is taken out of context or
Civil case that his statement was made not in the sense it is made to
Deemed to have been made in the course of the judicial appear by the other party
proceeding and is necessarily a judicial admission
Criminal case
Not necessarily admissible against the accused

Evidence Notes 1

Uploaded by

Copyright:

Available Formats

Evidence Notes 1

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Evidence Notes 1

Uploaded by

Copyright:

Available Formats

Rule 129 A court may take judicial matters which are of

WHAT NEED NOT BE PROVED a) Public knowledge, or

You might also like