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Evidence - 021922

This document discusses key concepts related to judicial notice under Philippine law. It defines judicial notice as courts taking cognizance of facts without proof due to their office. There are three types of judicial notice: mandatory, discretionary, and where a hearing is necessary. Mandatory judicial notice applies to indisputable matters like laws of nature. Discretionary judicial notice applies to publicly known or demonstrable matters. Foreign laws are generally not subject to judicial notice and must be proved, with exceptions. Admissions by a party in the same case do not require proof.

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DANICA FLORES
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2K views

Evidence - 021922

This document discusses key concepts related to judicial notice under Philippine law. It defines judicial notice as courts taking cognizance of facts without proof due to their office. There are three types of judicial notice: mandatory, discretionary, and where a hearing is necessary. Mandatory judicial notice applies to indisputable matters like laws of nature. Discretionary judicial notice applies to publicly known or demonstrable matters. Foreign laws are generally not subject to judicial notice and must be proved, with exceptions. Admissions by a party in the same case do not require proof.

Uploaded by

DANICA FLORES
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EVIDENCE

02192022

Guide Questions:

1. What is meant by 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. 7)

2. What are the different kinds of Judicial Notice?


a. Mandatory Judicial Notice
b. Discretionary Judicial Notice
c. Judicial Notice, where the hearing is necessary.

3. When is Judicial Notice 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, execution
and judicial departments of the National Government of the Philippines, the laws of nature, the
measure of time, and 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: (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 National Government of the Philippines; (7) laws of nature; (8)
measure of time; and (9) geographical divisions.

4. When is Judicial Notice 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)

5. What is Judicial Admission?


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. (Rule
129, Sec. 4)
6. What is the Doctrine of Processual Presumption?
Under the 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).

7. Can courts take judicial notice of foreign laws? Why or Why not?
Our courts are not authorized to take judicial notice of foreign laws. (Wildvalley
Shipping Co., Ltd. vs. CA, 342 SCRA 213)

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 (Philippine Commercial &
Industrial Bank vs. Escolin, 56 SCRA 255)

8. 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?
No Dick need not prove that the lease contract is effective only for one year.

Under the Rules of Court, an admission, or written, made by the party in the course of the
proceedings in the same case, does not require proof. The requisites of admission to be
admissible are as follows: (1) involve matters of fact, and not of law; (2) be categorical and
definite; (3) be knowingly and voluntarily made; and (4) be adverse to the admitter’s interest,
otherwise it will be self-serving and inadmissible.

In the instant case, Tom admitted to his Answer that the contract of lease was effective
only for one year. Thus, his admission is admissible before the court because all the requisites
of an admission to be admissible is sustained.

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