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Rule 129 the Manila ordinance on its
WHAT NEED NOT BE PROVED own, relieving the party of any
A. JUDICIAL NOTICE duty to inform the SC about it.
Sec. 1 Judicial notice, when mandatory – A court Even when there is a statute
shall take judicial notice, without introduction of that requires a court to take
evidence, of the existence and territorial extent of judicial notice of municipal
states, their political history, forms of government ordinances, a court is NOT
and symbols of nationality, the law of nations, the required to take judicial notice
admiralty and maritime courts of the world and their of ordinances that are NOT
seals, the political constitution and history of the before it and to which it does
Philippines, official acts of the legislative, executive not have access.
and judicial departments of the National Government ü The intent of a statute requiring a court to
of the Philippines, the laws of nature, the measure of take judicial notice of a local ordinance is to
time, and the geographical divisions. remove any discretion a court might have in
determining whether or not to take notice of
ü The new rule clarifies that ONLY official acts of an ordinance. Such a statute does not direct
the: the court to act on its own in obtaining
o Legislative, evidence for the record and a party must
o Executive, and make the ordinance available to the court for
o Judicial departments it to take notice.
Of the national government are those subjects
of mandatory judicial notice. Sec. 2 Judicial notice, when discretionary – A court
may take judicial notice of matters which are of public
ü Same acts of the LGU are generally NOT knowledge, or are capable of unquestionable
subject of mandatory judicial notice. demonstration, or ought to be known to judges
because of their judicial functions.
ü Social Justice Society v. Atienza, the SC ruled
that while courts are required to take judicial Sec. 3. Judicial notice, when hearing necessary –
notice of the laws enacted by Congress, the During the pre-trial and the trial, the court, motu
rule with respect to local ordinances is proprio or upon motion, shall hear the parties on the
different. propriety of taking judicial notice of any matter.
o Ordinances – NOT included in the
enumeration of matters covered by Before judgment or on appeal, the court, motu
Sec. 1, Rule 129 of the ROC. proprio or upon motion, may take judicial notice of
o In Social Justice Society, it was alleged any matter and shall hear the parties thereon if such
that Sec. 50 of RA 409 of Manila, matter is decisive of a material issue in the case.
provides that “All courts sitting in city
shall take judicial notice of the ü Even during the pre-trial, matters sought to be
ordinances passed by the Sangguniang taken judicial notice of, may be heard.
Panglungsod.” o The old rule provided that the hearing
SC ruled that the provision on matters sought to be taken judicial
CANNOT be taken to mean that notice of may take place during trial,
the SC, since it has it seat the without mentioning pre-trial.
City of Manila, should have
taken steps to procure copy of
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the Legislative department of
ü “may” to “shall” – the intention is to make the Philippines.
mandatory the hearing on the matter sought
to be taken judicial notice of, whether it be ü Judicial notice – matters which the court may
during pre-trial, at any time before judgment take cognizance of without evidence.
and even on appeal. o It is based on the maxim, “what is
known need not be proved”
ü NOTE:
GR: theories, issues, and arguments not ü Taking of judicial notice is a matter of
brought to the attention of the trial court will expediency and convenience for it fulfills the
not be considered by a reviewing court, purpose that the evidence is intended to
XPN: when their factual bases would not achieve, and in this sense, it is equivalent to
require presentation of any further evidence proof.
by the adverse party in order to enable him to
properly meet the issue raised, such as when ü Function of JN – takes the place of proof and
the factual bases of such novel theory, issue is of equal force.
or argument is (a) subject of judicial notice; or o Displaces evidence and fulfills the
(b) had already been judicially admitted. purpose for which evidence is
designed to fulfill.
Sec. 4. Judicial Admissions – An admission, oral or It makes evidence unnecessary.
written, made by the party in the course of the
proceedings in the same case, does not require proof. ü When judicial notice is mandatory – no
The admission may be contradicted only by showing motion or hearing is necessary.
that it was made through palpable mistake or that
the imputed admission was not, in fact, made. ü The following are matters subject to
mandatory judicial notice:
ü There are matters in a litigation which must be a. Existence and territorial extent of
admitted without need for evidence. states;
o EXAMPLE: b. Political history, forms of government
When the complainant in a and symbols of nationality of states;
criminal case alleges that he c. Law of nations;
was assaulted by the accused in d. Admiralty and maritime courts of the
Quezon City, it would be world and their seals;
ridiculous to require the e. Political constitution and history of the
prosecution to prove that a Philippines;
place called Quezon City exists. f. Official acts of the legislative, executive
and judicial departments of the
If the accused is charged with Philippines;
violation of a statute, there is g. Laws of nature;
no need to introduce evidence h. Measure of time; and
that said statute exists because i. Geographical divisions.
the court is charged with
knowledge of the law, it being ü When JN is discretionary – when matters
the product of an official act of involved are of:
o Public knowledge, or
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o Are capable of unquestionable It may do so in its own initiative
demonstration, or or on the request of any party
o Ought to be known to judges because and allow the parties to be
of their judicial functions. heard.
ü The principal guide in determining what facts o JN may also be taken after the trial,
may be assumed to be judicially known is that and before judgment.
of notoriety. ü JN of foreign laws; doctrine of processual
o JN – is limited to facts evidenced by presumption – our courts cannot take JN of
public records and facts of general foreign laws, like any matter, they must be
notoriety. alleged and proved.
ü A judicially noticed fact must be one NOT o Foreign laws must be alleged and
subject to a reasonable dispute in that it is proved. In the absence of proof, the
either: foreign law will be presumed to be the
1. Generally known within the territorial same as the laws of the jurisdiction
jurisdiction of the trial court; or hearing the case (doctrine of
2. Capable of accurate and ready processual presumption)
determination by resorting to sources In the absence of evidence of
whose accuracy cannot reasonably be the law of the foreign country,
questionable. PH law should be applied.
o HOWEVER, when the law is generally
ü Things of “common knowledge” – matters well-known had been ruled upon in
coming to the knowledge of men generally in previous cases before, and none of the
the course of ordinary experiences of life, or parties claim otherwise, the court may
they may be matters which is generally take judicial notice of the foreign law.
accepted by mankind. o When the foreign law refers to the
law of nations – said law is subject to a
ü Judicial notice may be taken of a fact which mandatory JN under Sec. 1 of Rule
judges ought to know because of their 129.
judicial function. WHY? Under the PH
Constitution, the PH adopts
ü Judicial notice is NOT judicial knowledge – generally-accepted principles of
the mere personal knowledge of the judge is international law as part of the
NOT judicial knowledge of the court. law of the land. (Art. II, Sec. 2,
o The judge is NOT authorized to make 1987 Constitution)
his individual knowledge of a fact, not ü Judicial notice of municipal ordinances –
generally or professionally known, as o MTC – should take JN of municipal
the basis of his action. ordinances in force in the municipality
in which they sit.
ü Stage when judicial notice may be taken – o RTC – should take JN of municipal
during the pre-trial, trial, and on appeal ordinances in force in the
(before judgment) (Sec. 3, Rule 129) municipalities within their jurisdiction,
o During pre-trial and trial, the court BUT ONLY WHEN SO REQUIRED.
may announce its intention to take EXAMPLE: The charter of the
judicial notice of any matter. City of Manila requires all
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courts sitting therein to take Terminals, Inc. v. Malayan
judicial notice also of all Insurance Co.)
ordinances passed by the city
council. ü JN of Post Office practices – NOT a proper
o CA – may take JN of municipal subject of JN, because it is not covered by any
ordinances because nothing in the of the instances under Sec. 1, Rule 129.
Rules prohibits it from taking
cognizance if an ordinance which is ü JN of Banking practices – it may do so under
capable of unquestionable Sec. 2 of Rule 129, discretionary JN.
demonstration.
ü JN of a court’s own acts and records - a court ü JN of the financial condition of the
will take JN of its own acts and records. Government – JN could be taken of the fact
(Republic v. CA) that the government is and has for many
o XPN: Courts are NOT authorized to years been financially strapped, to the point
take JN of the contents of the records that even the most essential services have
of other cases. suffered serious curtailment.
o XPN to the XPN:
1. When in the absence of any ü JN of presidential powers – the TC should
objection and with the take JN of RA 6743, as implemented by EO
knowledge of the opposing party, 429, as legal basis of the President’s power to
the contents of said other case reorganize the executive department.
are clearly referred to it by title o Official acts of the legislative, executive
and number in a pending action and judicial departments of the
and adopted or read into the Philippines ARE PROPER SUBJECTS OF
record of the latter; or JN.
2. When the original record of the
other case or any part of it is ü JN of other matters –
actually withdrawn form the o Court CANNOT take JN of the assessed
archives at the court’s discretion value of a realty.
upon the request, or with o JN: an overseas worker bears a great
consent, of the parties, and degree of emotional strain while
admitted as part of the record of making an effort to perform his work
the pending case. well.
o Court CANNOT take JN f an
ü JN of proprietary acts of GOCCs – administrative regulation or of a
o A management contract entered into statute that is NOT yet effective.
by a GOVV like that involving the Law which is still inexistent
Philippine Ports Authority is NOT cannot be of common
among the matters which the courts knowledge.
can take JN. o MTC and MCTC judges may act as
CANNOT eb considered as an notaries public ex officio in the
official act of the Executive notarization of documents connected
Department – because it was only with the exercise of their official
entered into while performing functions and duties.
proprietary function. (Asian
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Signed by the accused and
counsel (Sec. 2, Rule 118)
ü A party may make JA in:
1. Pleadings
2. During trial, either oral or written
3. In other stages of the judicial
proceedings.
ü Admissions made by the parties in the
pleadings or in the course of the trial or other
B. JUDICIAL ADMISSIONS proceedings in the same case are conclusive
Sec. 4. Judicial Admissions – An admission, oral or and do not require further evidence to prove
written, made by the party in the course of the them.
proceedings in the same case, does not require proof.
The admission may be contradicted only by showing ü Admissions made in drafts of pleadings NOT
that it was made through palpable mistake or that yet filed are NOT JA.
the imputed admission was not, in fact, made. o They are NOT parts of the records of
the case.
ü Judicial admission made by the parties in a
pleading or in the course of the trial or other ü Averments in pleadings which are NOT
proceedings in the same case are conclusive deemed admitted even if the party fails to
upon the party making the admission and make a specific denial of the same:
require no proof. o Immaterial allegations
o Conclusions
ü Judicial admissions legally binding on the o Non-ultimate facts in the pleading
party making the admission. o Amount of unliquidated damages.
o CANNOT be contradicted unless
previously shown to have been made ü (CIVIL CASES) Admissions in the pre-trial,
through palpable mistake to that no depositions, interrogatories or requests for
such admission was made. admission, all deemed judicial admissions.
ü To be a JA under Sec. 4 of Rule 129: ü Admissions in the pre-trial of criminal cases to
1. Must be made by a party to the case. be admitted as JA must be “reduced in writing
2. Must be made in the course of the and signed y the accused and his counsel”.
proceedings in the same case.
3. Does NOT require any particular form. ü Implied admissions in the modes of discovery
It may be oral or written. – admissions obtained through:
Depositions,
ü Stipulation of facts at the pre-trial of a case Written interrogatories
constitutes JA. Requests for admission
o In criminal case, JA made by an Are ALL considered as JA.
accused during a pre-trial requires a
definite form: ü When a pleading is amended, the amended
Reduced in writing and pleading supersedes the pleading that it
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amends and the admissions in the superseded ü How JA may be contradicted – Sec. 4, Rule
pleading may be received in evidence against 129, provides for either of 2 ways:
the pleader. 1. By showing that the admission
o Nature of admissions in superseded was made through a palpable
pleadings – Extrajudicial admissions, must mistake; or
be proven. 2. By showing that no such
Pleadings that have been admission was made.
amended disappear form the
record, lose their status as
pleadings, and cease to be
judicial admissions.
ü Admissions in dismissed pleadings –
extrajudicial admissions.
ü Sworn statement of a proposed state witness
– if motion to discharge an accused as a state
witness is DENIED his sworn statement,
submitted to support the motion, shall be
INADMISSIBLE in evidence. (Sec. 17, Rule 119)
ü Admissions by counsel – considered as JA.
o XPN: where reckless or gross
negligence of counsel deprives the
client of due process of law, or when
its application will result in outright
deprivation of the client’s liberty or
property, or when the interests of
justice so require, relief is accorded
the client who suffered by reason of
the lawyer’s gross or palpable
mistake.
üEffect of judicial admissions –
o Under Sec. 4, Rule 129, the following
are the effects of judicial admissions:
1. They do not require proof;
and
2. They cannot be contradicted
because they are conclusive
upon the party making it.
o JAs are legally binding on the party
making it.
