Rule 129 Yes, because it is passed within their territorial
jurisdiction.
“Manifesta Non Indigent Provatione”
(What is known need not be proved)
1. What is JN?
It is the cognizance of certain facts which the judges
may properly take and act w/o proof because they
already know them
2. What is that principle that could determine
whether the court may take Judicial Notice of a
certain fact?
Principle of Notoriety
3. What is the Principle of Notoriety?
What is commonly known in the community need
not be proved.
4. What is the function of Judicial Notice? What
benefit could the party get from JN?
The party would no longer present evidence to
prove a certain fact.
Eg: The Sun rises in the East
5. What are the 2 kinds of Judicial Notice?
a. Mandatory – hearing is no longer required
Eg: Section 1, Rule 129
b. Discretionary – hearing may be required
Eg: Section 2, Rule 129
6. When PNOY announced that Mar Roxas is the
standard bearer of the Liberal Party in the
upcoming 2016 Elections, can the court take JN of
such fact?
No, there should be a sufficient lapse of time before
it could be considered a Political History. Courts
cannot take JN of such fact
7. Is No. 6 an official act of the President?
No, it is a private act since it was made by him as
the leader of the Liberal Party
8. Is JN the same as Judicial Knowledge?
No. JN is that which the public knows; while, Judicial
Knowledge is only the personal knowledge of the
Judge.
9. Is the MTC of Pasay, Branch 2 mandatorily
required to take JN of Municipal Laws and
Ordinances in their City?
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababad
10. Is the MTC Branch 1 & 2 of Pasay Mandatorily
required to take JN of the Municipal Ordinance
passed in Manila?
No, because they are outside their territorial
jurisdiction.
11. Is the RTC of Pasay mandatorily required to take JN
of the Municipal Ordinance in Manila?
No, it is outside their territorial jurisdiction.
Therefore, the parties must present witness or
witnesses to prove the existence of such Municipal
Ordinance; meaning, there is a need to present
evidence; evidence is not displaced.
12. Is the CA mandatorily required to take JN of the
Municipal Ordinances in the Philippines?
Yes, because the CA has a Nationwide Jurisdiction.
13. If the judge of Br. 2 would make a decision, can he
take JN of the records of the case before it? Yes.
14. If the judge of Branch 1 would make a decision,
can he take JN of the records of the case pending
in Branch 2? No.
15. If Judge A is about to make a decision in Case No.
1234, can he take JN of the records of a pending
case within his sala? No.
16. Judge A of Branch 1 will render a decision;
previously in Case No. 001 Judge A already
rendered a decision. Can Judge A take JN of the
decision made in a prior case for deciding a
present case?
Yes, because the prior decision is made by the
Judge himself. Unlike in court records which are
presented by the litigants.
17. What is Section 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.
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.
18. If the Judge announces to the public and the party
litigants… “I will take JN of this particular matter
hence; a hearing will be conducted on February 20,
2015.” Is the conduct of the hearing on February
20, 2015, for the purpose of determining the
propriety of having a JN or for purposes of
determining the issues to be tackled on the
matters of JN? Is the hearing for the purposes of
determining WON it is proper for the judge to take
a hearing for a particular fact or for purposes of
proving such particular fact?
The purpose of that hearing is to determine WON it
is a proper or not subject matter of JN. You are no
longer needed to determine WON the facts in issue
are valid and constitutional.
19. What do you mean by Judicial Admission?
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. (Section 4, Rule 129)
20. What is the effect of Judicial Admission?
It displaces evidence; no need to prove by evidence.
21. Are all Judicial Admissions conclusive?
Yes, because a fact admitted need not be proved.
22. What are the exceptions to the conclusiveness of
Judicial Admissions?
a. Admission was made through palpable mistake
b. No such admission was made (i.e. cited out of
context)
c. In civil cases – in pre-trial, if it results in
manifest injustice
d. In criminal cases – when the pre-trial
agreement is not signed by the lawyer and party
23. An original complaint that has been amended; are
the contents of the original complaint a Judicial
Admission?
No, it is considered as an Extra-Judicial Admission
and if you want the court to take this in evidence
you have to offer this as an Exhibit. The Amended
Complaint need not be presented, because the
Court can take JN of that.
24. The accused filed a manifestation in court; such
manifestation contains Adverse Admissions, only
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababad
the counsel signed and not the accused. Can this
be considered as a JA?
Yes, the client is bound by the admission made by
his counsel. That partakes the nature of a JN.
XPN: Pre-trial Agreement, such is not binding.
25. What is the Hypothetical Admission Rule?
I filed a complaint and the adverse party files a
motion to dismiss… If my opponent files a Motion
to Dismiss, he is hypothetically admits the
allegations in the complaint.
You are admitting the grounds in the complaint only
for you to be able to anchor your grounds for your
Motion to Dismiss. But if the Motion to Dismiss is
denied, there is no longer an admission.
26. What is this Implied Admission Rule?
When an action or defense is founded upon a
written instrument, copied in or attached to the
corresponding pleading as provided in the
preceding section, the genuineness and due
execution of the instrument shall be deemed
admitted unless the adverse party, under oath,
specifically denies them, and sets forth what he
claims to be the facts; but the requirement of an
oath does not apply when the adverse party does
not appear to be a party to the instrument or when
compliance with an order for an inspection of the
original instrument is refused. (Sec. 8, Rule 8, ROC)
Note: An answer that is not verified partake the
nature of an Implied Admission. Verification is only
needed in an actionable document wherein you are
a party thereto, you are a signatory.
27. 5 Effects of an Implied Admission
a. The party whose signature it bears admits that
he signs it
b. That it was signed by another for him with his
authority (midterm question)
c. That at the time it was signed it was in words
and figures exactly as set out in the pleading of
the party relying upon it
d. The document was delivered
e. That the formal requisites of law – seal,
acknowledgement or revenue stamp – which it
lacks, are waived by him
28. Is there a need to introduce evidence where the
fact is a conclusive presumption or an agreed fact
in pre-trial agreements, or stipulation of facts duly
signed by the parties? No.