CLJ5 - Evidence Page 1 of 9

Module 3: Rule 129: What need not be proved

Topic: What need not be proved

Welcome Notes:

WELCOME CRIMINOLOGY STUDENTS

I. INTRODUCTION:
This module discusses ‘What need not be proved’ in terms of evidences. This includes the following:
Judicial Notice Defined, Judicial Noticed, When Mandatory, Judicial Notice, When Discretionary,
Judicial Notice, When Hearing Necessary, Judicial Admissions and the Doctrine of Processual
Presumption.

II. OBJECTIVES:
At the end of this module, you should be able to:
1. Enumerate the matters that need not be proved and the different kinds of judicial notice
2. Determine the facts that may be made subject of mandatory judicial notice, and discretionary
judicial notice
3. Explain judicial admission through a given scenario

III. PRELIMINARY ACTIVITY

Before you proceed to the main lesson, test yourself in this activity.

Direction/Instruction: Arrange the jumbled letters.

1. J U C I D I A L - ________________________________________________________________
Hint: One of the branch of government pertaining to the courts of law or to judges.

2. N O C E T I - ___________________________________________________________________
Hint: Notification or warning of something, especially to allow preparations to be made.

GREAT!!!

You may now proceed to the main lesson.

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Module 3: Rule 129: What need not be proved

IV. LESSON PROPER

LET’S BEGIN!

Based on the preliminary activities, what did you notice about it?

_______________________________________________

CONGRATULATIONS!

You may now proceed to the lesson.

RULE 129: WHAT NEED NOT BE PROVED

"The absence of evidence is not evidence of absence."

-- Michael Papagiannis

It should be noted that NOT all matters have to be proved in court or have to be supported by evidence.
There are matters that need not be proved. These are:
(1) Those which are judicially noticed;
(2) Those which are admitted; and
(3) Those which are presumed.

Judicial Notice
 Judicial notice means "the cognizance which courts may take, without proof, of facts which they are
bound or are supposed to know by virtue of their office." (20 Am. Jur. 47)

Kinds of judicial notice

(1) Mandatory judicial notice, where hearing is not necessary; and
(2) Discretionary judicial notice, where hearing may be necessary.
 Judicial cognizance, which is based on considerations of expediency and convenience, displaces
evidence, since being equivalent to proof, it fulfills the object which the evidence is intended to achieve.
(People v. Martinez, 274 SCRA 259) The test is whether the fact involved is so notoriously known as
to make it proper to assume its existence without proof. (See Republic v. CA, 107 SCRA 504)

Matter of judicial notice

 Judicial notice may be mandatory or discretionary. It is mandatory when a Court has no option but take
judicial notice of the matters enumerated in Sec.1, Rule 129. And discretionary when a Court, using its
wisdom and experience, takes notice of matters which are (a) of public knowledge, (b) capable of
unquestionable demonstration, or (c) ought to be known to a judge because of his judicial functions.
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Module 3: Rule 129: What need not be proved

 To paraphrase, when a cause is presented to court for determination or resolution it is generally

without knowledge of the facts of the case, and it behooves the parties to prove them by means of
their evidence. However, there are deemed NOTED by the court. To put it another way, they need not
present evidence, because the court takes judicial notice of such matters.

Sec. 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, the official acts of legislative, executive and judicial departments of the
Philippines, the laws of nature, the measure of time, and the geographical divisions. (Rule 129, Sec. 1)
 The introduction of evidence is completely dispensed with because "mandatory judicial notice" pertains
to indisputable matters.

Facts that may be made subject of mandatory judicial notice:

(1) the existence and territorial extent of states;
(2) their political history, form of government, and symbols of their 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 the legislative, executive and judicial department of the Philippines;
(7) laws of nature;
(8) measure of time; and
(9) geographical divisions.

Sec. 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.
(Rule 129, Sec. 2)

Facts that may be made subject of discretionary judicial notice:

(1) of public knowledge;
(2) are capable of unquestionable demonstration; or
(3) those judges ought to know by reason of their judicial functions.
NOTES - Courts take no judicial notice of custom. A custom must be proved as a fact, according to the
rules of evidence. (See In the Matter of the Petition for the Authority to Continue Use of the Firm Name
"Ozaeta Romulo, et al., 92 SCRA 1)
 Our courts are not authorized to take judicial notice of foreign laws. (See Wildvalley Shipping Co., Ltd.
v. CA, 342 SCRA 213)
 The court has consistently taken judicial notice of the natural reticence of witnesses to get involved in
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Module 3: Rule 129: What need not be proved

the solution of crimes considering the risk to their lives and limbs. (People v. Teehankee, Jr., 249
SCRA 54; People v. Torres, 232 SCRA 32)
 It is a fact, already of judicial notice, that affidavits generally suffer from incompleteness and
inaccuracy. (People v. Bautista, 102 SCRA 483)
 Judicial notice should not be confused with judicial knowledge. (State Prosecutors v. Muro, A.M. No.
MTJ 92-876, September 19, 1994)
 Judge's notes are not an official part of the records.

Sec. 3. Judicial Notice, When Hearing Necessary

 During the trial, the court, on its own initiative, or on request of a party, may announce its intention to
take judicial notice of any matter and allow the parties to be heard thereon. (Rule 129, Sec. 3)
 After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of
a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter
is decisive of a material issue in the case. (Ibid.)
 In both cases, the court acts on its own initiative or on request of a party.

Sec. 4. Judicial Admissions

 An admission, verbal 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 no such admission was made. (Rule 129, Sec. 4)

Judicial admissions may be made:

(a) in the pleadings filed by the parties;
(b) in the course of the trial either by verbal or written manifestations or stipulations; or
(c) in other stages of judicial proceedings, as in the pre-trial of the case. (See Republic v.
Sandiganbayan, 406 SCRA 190 [2003)
NOTE: An allegation does not have to be proven if it has already been admitted. (Pangasinan III Electric
Cooperative, Inc. v. NLRC, 215 SCRA 669)
As a rule, a matter not alleged in the pleadings cannot be proved. (Balmes v. Suson, 28 SCRA 304)

Cases with Judicial admission

Recent cases illustrates judicial admission:
(a) Admission made in the course of the court proceedings are conclusive (Arroyo v. Taburan, 421
SCRA 423) [2004] and binding upon party to make the admitting party liable, and the other party
need not present evidence to prove them up. (SMS, v. Bul-an, 444 SCRA 140 [2004]
(b) Admission by respondent of the due execution and genuineness of the loan documents does not
need further proof to make him liable (PSLB v. Velarde, 439 SCRA 01 [2004]
(c) Mere denial by respondent of the genuineness or due execution of the promissory note, or merely
questioning his signature thereon, or claiming that it is a fabrication, or the loan agreement does
not express the true intention of the parties, WIHTOUT denying them under oath. (CFC v. Del
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Module 3: Rule 129: What need not be proved

Monte Motors, 465 SCRA 117) [2005]

(d) Admission by the defendant that he signed the deed in question may be received in evidence for
the purpose of contracting his previous statement denying such fact even if the court is without
jurisdiction (Bagsa v. Nagramada, 11 Phil. 174)
(e) Consent by the accused to the entry of judgement against him is admission of every fact necessary
to sustain judgement which is generally not subject to appeal.
(f) Admission in open court by counsel for defendant that he has filed a motion for extension of time to
submit the Answer, and the court admission by counsel is juridical, thereby vesting jurisdiction of
the court over the person of the person of defendant. (Felix v. CA 436 SCRA 87) [2004]

Cases without Judicial Admission

The following cases illustrate absence of judicial admission:
(a) Superseded or amended pleadings lose their status as pleadings and cease to be judicial
admissions (Director v. CA, 196 SCRA 94) and are deemed automatically withdrawn from, an no
longer part of, the records of court to consider it, the original or superseded pleadings must be
formally offered (Lucido v. Calupitan, 27 Phil. 148)
(b) A motion for judgement on the pleadings although considered an admission of the truth of the
allegations of the opposing party is not really an admission if they are themselves susceptible to
two interpretations (Yebana v. Sevilla, 9 Phil.210)
(c) An admission of a fact in the Answer filed by counsel in another suit is not evidence against the
party making them when it is not ratified or authorized by him. (Ram v. Banedicto, 5 Phil. 512)

The Doctrine of Processual Presumption

 Under the so-called Doctrine of Processual Presumption, a foreign law, in the absence of any
competent evidence or admission, is presumed to be the same as that in the Philippines (In Re
Testate Estate of Suntay, 95 Phil. 500).
NOTE:The question as to what are the laws of a foreign state is one of fact, not of law. Foreign laws may
not be taken judicial notice of and have to be proved like any other fact (In re Estate of Johnson, 39 Phil.
156), except where said laws are within the actual knowledge of the court such as when they are well and
generally known or they have been actually ruled upon in other cases before it and none of the parties
claim otherwise (See Philippine Commercial & Industrial Bank v. Escolin, 56 SCRA 265).

Basis of judicial notice

 Judicial notice is cognizance by the Court of certain facts within its knowledge because of its judicial
functions. It is further proof, since they are of judicial knowledge. It is based on practical convenience
and expediency and operates to save trouble, expense, and time in establishing the facts, which after
all do not admit of contradiction.
 The basis of the doctrine of judicial notice is expressed in the Latin maxim: Quod constat curae opere
testium non indiget (that which is apparent to court does not need the aid of witnesses.)
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Module 3: Rule 129: What need not be proved

We had just finished the discussion on Rule 129: What need not be proved.
Let’s move on to the next higher level of activity/ies or exercise/s that
demonstrate your potential skills/knowledge of what you have learned.

V. ANALYSIS, APPLICATION AND EXPLORATION

Activity 1
Name: _______________________________________ Course & Section: __________________
Direction: place the given information under the correct heading.

 Mandatory, where hearing is not necessary

 Those which are presumed
 Those which are admitted
 Discretionary, where hearing may be necessary
 Those which are judicially noticed

Three (3) matters that need not be proved:

1. __________________________________________________________________________________
__________________________________________________________________________________
2. __________________________________________________________________________________
__________________________________________________________________________________
3. __________________________________________________________________________________
__________________________________________________________________________________

Two (2) Kinds of judicial notice:

1. __________________________________________________________________________________
__________________________________________________________________________________
2. __________________________________________________________________________________
__________________________________________________________________________________

Activity 2
Direction: Write “Mandatory” when the facts indicated may be made subject of mandatory judicial notice
and “Discretionary,” if it may be made subject of discretionary judicial notice.

_______________________ 1. Those judges ought to know by reason of their judicial functions.

_______________________ 2. The existence and territorial extent of states
_______________________ 3. Are capable of unquestionable demonstration
_______________________ 4. Political constitution and history of the Philippines
_______________________ 5. Of public knowledge
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Module 3: Rule 129: What need not be proved

Finally, let us summarize the lesson of what we had discussed today.

VI. GENERALIZATION

Name: _____________________________________ Course & Section: __________________

Directions: Answer the question in 2-3 sentences.
“Tom admitted in his Answer (to the Complaint for Ejectment that was filed against him by Dick) that
the contract of lease in question is effective only for one year. Does Dick still have to prove that the lease
contract is effective only for one year? Why or Why not?”
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Rubric:
Level Description Score
 Well written and very organized.
 Excellent grammar mechanics.
OUTSTANDING  Clear and concise statements. 9-10
 Excellent effort and presentation with detail.
 Demonstrates a thorough understanding of the topic.
 Writes fairly clear.
 Good grammar mechanics.
GOOD 7-8
 Good presentation and organization.
 Sufficient effort and detail
 Minimal effort.
 Good grammar mechanics.
FAIR 6
 Fair presentation.
 Few supporting details.
 Somewhat unclear.
 Shows little effort.
 Poor grammar mechanics.
POOR 5
 Confusing and choppy, incomplete sentences.
 No organization of thoughts.

KUDOS!
You have come to an end of Module 3.
OOPS! Don’t forget that you have still an assignment to do.
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Module 3: Rule 129: What need not be proved

VII. ASSIGNMENT

Name: _____________________________________ Course & Section: __________________

Direction/Instruction: Determine the statement whether it is TRUE or FALSE.

________________ 1. An admission can only be made in the pleadings filed by the parties.
________________ 2. An admission can only be made in the course of the trial either by verbal or written
manifestations or stipulations.
________________ 3.An admission in other stages of judicial proceedings, as in the pre-trial of the case
can also be made.
________________ 4. A foreign law, in the absence of any competent evidence or admission, is presumed
to be the same as that in the Philippines.
________________ 5. An allegation does not have to be proven if it has already been admitted.

After your long journey of reading and accomplishing the module, let us
now challenge your mind by answering the evaluation part of this module.

VIII. EVALUATION

Name: _______________________________________ Course & Section: __________________

Direction/Instruction: Read each sentence/situation carefully and select the letter of the correct
answer among the choices.

1. It means the cognizance which courts may take, without proof, of facts which they are bound or are
supposed to know by virtue of their office.
A. Discretionary C. Judicial Admission
B. Judicial notice D. Mandatory
2. It is made through verbal or written by the party in the course of the proceedings in the same case, and
does not require proof.
A. Judicial confession C. Judicial notice
B. Judicial admission D. Doctrine of Processual Presumption
3. The following are subject of mandatory judicial notice, EXCEPT _____.
A. Law of nations
B. Admiralty and maritime courts of the world and their seals
C. Official acts of the legislative, executive and judicial department of the Philippines
D. Are capable of unquestionable demonstration
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Module 3: Rule 129: What need not be proved

4. Which of the following is not a subject of discretionary judicial notice?

A. Of public knowledge
B. Are capable of unquestionable demonstration
C. Their political history, form of government, and symbols of their nationality
D. Those judges ought to know by reason of their judicial functions
5. Under Sec.3 Rule 129, which one is a judicial notice where hearing is necessary.
A. Before judgement C. During trial
B. On appeal D. Before trial
6. Mandatory judicial notice" pertains to __________ matters.
A. Indisputable C. Dispensable
B. Disputable D. Reversible
7. It refers to the doctrine which states that a foreign law, in the absence of any competent evidence or
admission, is presumed to be the same as that in the Philippines
A. Hearsay Doctrine C. Doctrine of Processual Presumption
B. Doctrine of Last Clear Chance D. Foreign Doctrine
8. The following are included under Rule 129, EXCEPT _____:
A. Judicial confession C. Judicial notice, when hearing necessary
B. Judicial notice D. Judicial admission
9. Which of the following is a matter that needs not be proved.
A. Those which are judicially noticed C. Those which are presumed
B. Those which are admitted D. All answers are correct
10. Which of the following cases illustrates judicial admission?
A. Admission made in the course of the court proceedings are conclusive (Arroyo v. Taburan, 421
SCRA 423) [2004] and binding upon party to make the admitting party liable, and the other party
need not present evidence to prove them up. (SMS, v. Bul-an, 444 SCRA 140 [2004]
B. Admission by respondent of the due execution and genuineness of the loan documents does not
need further proof to make him liable (PSLB v. Velarde, 439 SCRA 01 [2004]
C. Mere denial by respondent of the genuineness or due execution of the promissory note, or merely
questioning his signature thereon, or claiming that it is a fabrication, or the loan agreement does
not express the true intention of the parties, WIHTOUT denying them under oath. (CFC v. Del
Monte Motors, 465 SCRA 117) [2005]
D. All answers are correct

(This evaluation will be submitted on ________________.)

CONGRATULATIONS on reaching the end of this module!

You may now proceed to the next module.
Don’t forget to submit all the exercises, activities and portfolio
on ___________________.
KEEP UP THE GOOD WORK.
Well Done!!!