RULE 129 WHAT NEED NOT BE PROVED

Section 1-Judicial notice, when mandatory– A court shall take judicial notice, without the introduction
of evidence, of the existence and territorial extent of states, their political history, forms of government
and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their
seals, the political constitution and history of the Philippines, official acts of the legislative, executive and
judicial departments of the National Government of the Philippines, the laws of nature, the measure of
time, and the geographical divisions.

- Judicial notice means “What is known need not to be proved.”

-Judicial Notice –Cognizance of certain facts which judges may properly take and act without
proof.  They are based on considerations of expediency and convenience. It may be mandatory or
discretionary

Principle behind Judicial Notice:

1. Convenience-considering that parties will be relieved of its duty to present proof on facts which is
already known to the judge.

2. Expediency- considering that trial will be more speedy and expeditious since facts already known to
the judge requires no more presentation of proof.

“Doctrine of Judicial Notice”- rests on the wisdom and discretion of the courts which must be exercised
with caution.

Purpose of Judicial Notice:

1. taking the place of proof in connection with the issue of the case

2. abbreviate the proceedings

Requisites of Judicial notice

1. matter of common knowledge

2. well and authoritatively settled and not doubted or uncertain

3. known to be w/in the limits of jurisdiction of the court

MANDATORY when facts pertains to:

1.existence and territorial extent of states

2. their political history

3.forms of government and symbols of nationality

4. law of nations

5. admiralty and maritime courts of the world and their seals

6.political constitution and history of the Philippines

7. official acts of legislative, executive and judicial departments of the Philippines;

7.   the laws of nature;

8.   the measure of time; and

9.   the geographical divisions

THE LAW OF NATIONS - The law of nations which is the subject of judicial notice is the law which
regulates the relations of the dominant powers of the earth.  It is not a foreign municipal law which our
courts are not authorized to take judicial notice of but the compilation of rules which by common
consent of mankind have been acquiesced in as law.

The mere personal knowledge of the judge is not the judicial knowledge of the court; judicial cognizance
is taken only of those matters which are “commonly” known. .A fact maybe of judicial notice and not of
judge’s personal knowledge and vice versa the rule refers to facts which ought to be known to judges
because of their judicial functions.

- Other matters that the court should take judicial matters MANDATORILY:
1. amendment of the Rules of Court
2.Official acts or declaration of the President
3.Banking practices
4.Financial status of the government
5. Powers of the President
6. Decisions of the SC
7. Court Records

Section 2-Judicial notice, when discretionary – A court may take judicial notice of matters which are
of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges
because of their judicial functions.

Section 2. Judicial notice, when discretionary.

Discretionary with respect to matters which are:

1.     of public knowledge; or

2.     capable of unquestionable demonstration; or

3.     those that judges ought to know by   reason of their judicial functions.

When Judge may take Judicial Notice of records of another case previously tried:

1.             When, either at the initiative of the judge or that of the parties, and without objection of

 any party, the record of the previous action are read and adopted into the present action.

2.   When, without objection on the part of any party, the records of the previous case are actually
withdrawn from the archives and attached to the records of the present action, by court order.

Judicial Notice of Municipal Ordinances

Inferior courts should take judicial notice of municipal city ordinances in force in their territorial
jurisdiction.

The RTC should take judicial notice of municipal ordinance only when:

1.    they are expressly authorized by statute;

2.    on appeals of decisions by the inferior court when such courts had taken notice of a municipal
ordinance.

Doctrine of Processual Presumption-It is that doctrine which lays down the presumption that the
foreign law is the same as the law of the forum.  It arises if the foreign law, though properly applicable, is
either not alleged, or if alleged, is not duly proved before a competent court.

NOTE: When parties in a case agree on what the foreign law provides, these are admissions of fact which
the other parties and the court are made to rely and act upon, hence they are in estoppel to subsequently
take a contrary position (Phil. Commercial & Industrial Bank, vs. Escolin. et al)

Section 3- Judicial notice, when hearing necessary – During the pre-trial and the trial, the court, motu
proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.

Before judgment or on appeal, the court, motu proprio or upon motion, may take judicial notice of any
matter and shall hear the parties thereon if such matter is decisive of a material issue in the case.
 - Hearing is necessary for the court to take judicial notice of facts in the following instances
1. During pre-trial and trial- the court, may motu proprio or upon motion shall hear the parties ,
may announce its intention to take judicial notice of any matter and allow the parties to be heard
thereon.
2.After trial and before judgment- the proper court, motu proprio or upon motion shall hear the
parties on the propriety of taking judicial notice of any matter.

Section 4-Judicial admissions – An admission, oral or written, made by [the] party in the course of the
proceedings in the same case, does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that the imputed admission was not, in fact, made.

JUDICIAL ADMISSION--the admission made in the course of the proceedings in the same case by a
party.

NOTE: Lack of jurisdiction cannot be admitted because jurisdiction is conferred by law and not by
stipulation of parties.

Judicial Admissions May Be Made in:

1.  the pleadings filed by the parties;

2.  in the course of the trial either by verbal or written manifestations or stipulations; or

3.  in other stages of the judicial proceeding, as in the pre-trial of the case;

4.  admissions obtained through depositions, written interrogatories or requests for admissions.

Judicial admissions may be contradicted only when it is shown that:

1.   it was made through palpable mistake; or

2.   that no such admission was made.

Judicial admissions in pleadings later amended

In civil cases, an amended pleading becomes a judicial admission and the contents of the pleading it
amends not included in the amended pleading becomes extrajudicial admissions which must be offered in
evidence for it to be considered by the trial court.
-Judicial admissions are always conclusive upon the admitter and does not require  formal offer as
evidence, unlike in the case of extra-judicial admissions.

-Admissions in affirmative defenses are merely hypothetical.

Judicial admissions made in one case are admissible at the trial of another case provided they are
proved and are pertinent to the issue involved in the latter, UNLESS:

1.    the said admissions were made only for purposes of the first case, as in the rule of implied admissions
and their effects under Rule 26;

2.    the same were withdrawn with the permission of the court therein; or

3.    the court deems it proper to relieve the party therefrom.

Is self- serving rule applicable to judicial admissions?

-  No.  The self-serving rule which prohibits the admission of declaration of a witness in his favor applies
only to extra-judicial admissions.  If the declaration is made in open court such is raw evidence, it is not
self-serving.  It is admissible because the witness may be cross-examined on that matter.  However,
whether it will be credible or not, is a matter of appreciation on the part of the court.