There are 2 judicial matters that don't need to be proven in court: judicial notice and judicial admissions.

Judicial Notice Judicial notice consists of matters which take the place of proof and need no evidence in order to be admitted in court. It is subdivided into those matters which are mandatory, discretionary or when hearing is necessary. The purpose of judicial notice is to shortenlitigation by admitting matters that don't need evidence. The lists below are exclusive and can't be altered by just anybody: 1.) Mandatory Notice Courts must take notice of the following without calling for evidence: 1.) Existence and territorial extent of states, their political history, forms of government and national symbols 2.) International law (not foreign laws -requires proof) 3.) The courts of admiralty and maritime courts of the world and their seals 4.) Political constitution and history of the Philippines 5.) The official acts of the executive, legislative and judicial departments of the Philippines (the RTC can take notice municipal ordinances within their jurisdiction but only when required by law or if the case is appealed to them from the lower courts) 6.) Laws of nature 7.) Measure of time 8.) Geographical divisions 2.) Discretionary Notice Courts may (or may not) take notice of the following: 1.) Matters of public knowledge 2.) Matters capable of unquestionable demonstration (ex. ice melts in the heat) 3.) Those which the judge ought to know because of their judicial function 3.) Hearing Necessary The court can announce that it will take notice of any matter and allow the parties to be heard: 1.) Before trial -on its own or on a party's request 2.) After trial and before judgment or on appeal -on its own initiative or

) Statements made in the course of the trial Admissions in drafted documents but not filed aren't considered admissions. Once made.) The admission must be made within the course of the proceedings of the same case (admissions in another proceeding will not be admitted and will be considered extrajudicial -unless the other party doesn't object) 3. Judicial Admission A judicial admission is an admission in court by any of the parties to the suit that may be oral or written. the following requirements must be met: 1.) Motions 3. If signed but still not filed. If a foreign lawcan't be proven. written interrogatories or depositions 4.) If the party who made the admission can show that it was made through a palpable mistake 2. including ones in the same court: the court will not take notice of them! The exception is if the other party knows and doesn't object. .) Form is immaterial (may be verbal or written) An admission therefore can be made during: 1.) Pleadings 2.on a party's request and if the mater is decisive or a material issue in the case In view of this.) Only a party to the case can make and admission 2. Local customs may or may not be taken notice of.) Stipulation of facts 5.) Modes of discovery with request for admission. it no longer requires proof and can't be contradicted by the party that made it except in the following instances: 1. they're considered extrajudicial.) If the party can show that it didn't make the admission (?) For a valid admission. There is also a curious thing with regard to records of other cases. evidence not offered therefore won't be taken notice of. the court will assume that the foreign law is the same as the local law.

August 8. If the complainant makes an allegation of usury to recover usurious interest.) If the party expressly agrees or concurs to another party's oral statements 2.) If he utters an acceptance or builds upon another's assertions 4. It will be received in evidence if it can be shown that the party who assented to the statements adopted them as his own. A third person's statement can therefore become a party's admission if that party espouses it.) If he rebuts some specific points another raises but ignores the other points 5. failure to object will be considered an admission and the party who should object is considered to have waived his right to object.If signed by the lawyer. too.) If he hears a statement and essentially repeats it later on 3. they're not considered admissions. only if made in court will they be considered admissions. There is also such a thing as an adoptive admission. the defendant has to specifically deny it under oath or it will be an implied admission of allegations of usury (Rule 8. Qualified admissions aren't definite and are considered extrajudicial. If a party makes a manifestation but doesn't sign it (but his lawyer does. GR 149576. sec. This happens when one person manifests his assent to the statements of another person. Admissions is dismissed pleadings are considered extrajudicial.The following are instances of adoptive admissions from Republic vs. 11.) If he reads and signs a statement written by another In all cases.) Failure to deny annexes will result in admissions. . 2006: 1.) he isn't bound by it even if it is an admission. Kenrick. Admissions in amended and superseded pleading are always considered superior to their predecessors.

Sign up to vote on this title
UsefulNot useful