3rd Meeting - RULE 129

RULES ON
EVIDENCE
RULE 129. WHAT NEED NOT BE
PROVED.
What is judicial notice?
It is the cognizance of certain facts which judges may properly take and act
upon without proof because they are supposed to be known to them. It is based
on considerations of expediency and convenience. It displaces evidence, being
equivalent to proof.
The function of judicial notice is that, it displaces evidence, since as it stands

for proof, it fulfills the object which evidence is designed to fulfill and makes
evidence unnecessary.
Judicial Knowledge
– cognizance of certain facts which a judge under rules of legal procedure or
otherwise may properly take or act upon without proof because they are already
known to him, or is assumed to have, by virtue of his office.
What are the facts that need not be proved?
1. Those which the courts may take judicial notice (Rule 129);
2. Those that are judicially admitted (Rule 129);
3. Those that are conclusively presumed (Rule 131); and
4. Those that are disputably presumed but uncontradicted
(Rule 131).
What are the requisites of judicial notice?
1. The matter must be one of common and general knowledge;

2. It must be well and authoritatively settled and not doubtful or uncertain; and
3. It must be one which is not subject to a reasonable dispute in that it is either:
a. Generally known within the territorial jurisdiction of the trial court; or
b. Capable of accurate and ready determination by resorting to sources whose accuracy
cannot reasonably be questionable (Expertravel & Tours, Inc. v. CA, G.R. No.
152392, May 26, 2005).
When is a matter considered “common knowledge”?
They are those matters coming to the knowledge of men generally in the course
of ordinary experiences of life, or they may be matters which are generally
accepted by mankind as true and are capable of ready and unquestioned
demonstration.
Note: Thus, facts which are universally known, and which may be found in
encyclopedias, dictionaries or other publications, are judicially noticed, provided,
they are of such universal notoriety and so generally understood that they may
be regarded as forming part of the common knowledge of every person. A court
however cannot take judicial notice of any fact which, in part, is dependent on
the existence or non-existence of a fact of which the court has no constructive
knowledge (Expertravel & Tours, Inc. v. CA, G.R. No. 152392, May 26, 2005).
What is mandatory notice?
If the fact sought to be proved are:

1. Existence and territorial extent of States;
2. Political history, forms of government and symbols of nationality;
3. Law of nations;
4. Admiralty and maritime courts of the world and their seals;
5. Political constitution and history of the Philippines;
6. Official acts of legislative, executive and judicial departments of the
Philippines;
7. Laws of nature;
8. Measure of time; and
9. Geographical divisions (Sec. 1).
Hearing the Parties on Discretionary Judicial Notice
During the trial, when a court is uncertain whether it may, at its discretion,
take judicial notice of a certain fact or not, it may call the parties to a hearing
to give them a reasonable opportunity to present information relevant to the
propriety or impropriety of taking judicial notice of that fact.
This procedure will apprise the parties of the possibility that the judge will or
will not take judicial notice of a fact, or of his resolution either way; it will thus
eliminate the element of surprise and enable the parties to act accordingly.
Courts may take judicial notice of matters which are:

(a) of public knowledge,
(b) capable of unquestionable demonstration, or
(c) ought to be known to judges because of their official functions.
Matters of Public Knowledge.
A. These are matters the truth or existence of which are accepted by the public without
qualification, condition or contention.
B. Requirements:
1. Notoriety of the Facts in that the facts are well and publicly known. The existence
should not be known only to a certain portion of the community
2. The matter must be well and authoritatively settled and not doubtful or uncertain
3. The matter must be within the limits of the territorial jurisdiction of the court
C. Examples:
1. The existence and location of hospitals, public buildings, plazas and markets,
schools and universities, main thoroughfares, parks, rivers and lakes
2. Facts of local history and contemporary developments including political matters.
For example: the creation of the city or town, previous and present political leaders or
officials; the increase in population; traffic congestion in main streets. The existence
and location of the PMA in Baguio City
A. These are matters which, even if not notorious, can be immediately shown to exist
or be true so as to justify dispensing with actual proof.
B. Examples:
1. That poison kills or results to serious injury
2. That boiling water scalds
3. Striking the body with a sharp instruments results to rupturing the skin and to
bleeding
4. Shooting on the head kills
5. Hunger results to a weakened physical condition
6. Vehicles running at top speed do not immediately stop even when the brakes are
applied and will leave skid marks on the road
Matters Ought To Be Known to Judges because of their Judicial Functions
A. These are matters which pertain to the office of the Judge or known to
them based on their experience as judges
B. Examples:
1. The behavior of people to being witnesses such as their reluctance to be
involved in cases thus requiring the issuance of subpoenae to them; the
varied reaction of people to similar events
2. Procedures in the reduction of bail bonds
When court takes judicial notice
During trial, on any matter – allow the parties to be heard thereon
After trial, and before judgment or on appeal – any matter and allow the
parties to be heard thereon if such matter is decisive of a material issue in
the case
Hearing is necessary when

During the trial, the court
motu propio, on request of a party
announces its intention to take judicial notice of any matter
After trial
before judgment or on appeal
motu propio, on request of a party
takes judicial notice of any matter, and
if such matter is decisive of a material issue in the case
Hence, the court can take judicial notice of any matter during the trial as long as
there is a hearing. If trial is already over, the court can take judicial notice only of
matters decisive of a material issue in the case as long as there is a hearing.
What is judicial admission?
It is an admission, verbal or written, made by a party in the

course of the proceedings in the same case, which does not
require proof (Sec. 4).
What are the elements of judicial admission?

1. It must be made by a party to the case or his counsel;
2. It must be made in the course of the proceedings in the same
case; and
3. It can be verbal or written admission. There is no particular
form required.
A party may make an admission in any of these ways:
1. In written pleadings, motions and other papers, and stipulations filed in
the case.
2. In open court, either by his testimony on the stand or by his statement or
that of his counsel.
3. In his statement made outside the proceedings in the same case.
When are judicial admissions made?
It may be made by the party himself or by his counsel:

1. In the pleadings filed by the parties;
2. In the course of the trial either by verbal or written manifestations or
stipulations, including depositions, written interrogatories and requests
for admissions; or
3. In other stages of the judicial proceedings, as in pre-trial
Instances of Judicial admissions
the genuineness and due execution of an actionable document copied or
attached to a pleading, when the other party fails to specifically deny
under oath (Rule 8 §8)
material allegations in the complaint, when the other party fails to

specifically deny it (Rule 8 §11)
admissions in superseded pleadings, when offered in evidence (Rule 10

§8)
act, declaration, or omission of a party as to a relevant fact (Rule 130

§26)
implied admission of guilt in an offer of compromise by the accused in

criminal cases, except quasi-offenses and those allowed by law to be
compromised (Rule 130 §27)
admission by silence (Rule 130 §32)

Consequences of Judicial Admissions
1. A party who judicially admits a fact cannot later challenge that fact, as
judicial admissions are a waiver of proof; production of evidence is
dispensed with.
2. No evidence is needed to prove a judicial admission and it cannot be

contradicted unless it is shown to have been made through palpable
mistake or that no such admission was made.
3. an admission made in the course of the trial, either by verbal or written

manifestations, or stipulations, cannot be controverted by the party
making such admission; they become conclusive on him, and all proofs
submitted by him contrary thereto or inconsistent therewith should be
ignored, whether an objection is interposed by the adverse party or not.“
Effects of judicial admissions:
(a) They do not require proof; and
(b) They cannot be contradicted because they are conclusive upon the party
making it.
The above rule however, admits of two exceptions, namely:

(1) upon showing that the admission was made through palpable mistake, or
(2) when it is shown that no such admission was made.
Palpable- a mistake that is "clear to the mind or plain to see“
A party may also argue that he made no "such admission." This argument
may be invoked when the statement of a party is taken out of context or that
his statement was made not in the sense it is made to appear by the other
party
Distinguish judicial admission from extrajudicial admission.
JUDICIAL ADMISSIONS EXTRAJUDICIAL ADMISSIONS

Those made in the course of the Those made out of court or in a judicial
proceeding in the same case proceeding other than the one under
consideration
Do not require proof and may be Regarded as evidence and must be
contradicted only by showing that it was offered as such, otherwise the court will
made through palpable mistake or that not consider it in deciding the case.
no such admission was made.
Judicial admissions need not be offered Requires formal offer for it to be
in evidence since it is not evidence. It is considered
superior to evidence and shall be
considered by the court as established.
Conclusive upon the admitter Rebuttable
Admissible if not selfserving Not subject to crossexamination
Not admissible if selfserving Subject to
crossexamination
Thank you !!!

3rd Meeting - RULE 129

Uploaded by

Copyright:

Available Formats

3rd Meeting - RULE 129

Uploaded by

Document Information

Original Description:

Original Title

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

3rd Meeting - RULE 129

Uploaded by

Copyright:

Available Formats

RULES ON

The function of judicial notice is that, it displaces evidence, since as it stands

What are the requisites of judicial notice?

1. The matter must be one of common and general knowledge;

If the fact sought to be proved are:

Courts may take judicial notice of matters which are:

During trial, on any matter – allow the parties to be heard thereon

Hearing is necessary when

It is an admission, verbal or written, made by a party in the

What are the elements of judicial admission?

It may be made by the party himself or by his counsel:

material allegations in the complaint, when the other party fails to

admissions in superseded pleadings, when offered in evidence (Rule 10

act, declaration, or omission of a party as to a relevant fact (Rule 130

implied admission of guilt in an offer of compromise by the accused in

admission by silence (Rule 130 §32)

2. No evidence is needed to prove a judicial admission and it cannot be

3. an admission made in the course of the trial, either by verbal or written

The above rule however, admits of two exceptions, namely:

Palpable- a mistake that is "clear to the mind or plain to see“

JUDICIAL ADMISSIONS EXTRAJUDICIAL ADMISSIONS

You might also like