REMEDIAL LAW REVIEW - BAR 2 0 2 3
the court takes judicial notice of the fact that
EVIDENCE
2019 AMENDMENTS TO THE 1989 REVISED RULES
ON EVIDENCE
(A. M. No. 19-08-15-SC)
RULE 129
WHAT NEED NOT BE PROVED
Section 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, official acts of the legislative,
executive and judicial departments of
the National Government of the Philippines,
the laws of nature, the measure of time, and
the geographical divisions. (1a)
Judicial Notice
Cognizance of certain facts which judges
may properly take and act on without proof
because they already know them.
Q: Give three instances when a Philippine
Court can take judicial notice of a foreign
law. (1997 Bar)
A: The three instances when a Philippine
court can take judicial notice of a foreign law
are:
(1) when the Philippine courts are evidently
familiar with the foreign law (Moran, 1980);
(2) when the foreign law refers to the law of
nations (Sec. 1, Rule 129) and,
(3) when it refers to a published treatise,
periodical or pamphlet on the subject of law if
“ EVIDENCE
the writer thereof is recognized in his
profession or calling as expert on the subject.
(Sec. 4[5], Rule 130
Section 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. (2)
Section 3. Judicial notice, when hearing
necessary. - During the pre-trial and the trial, the
court, motu proprio  or upon motion, shall hear the
parties on the propriety of taking  judicial notice of
any matter.
Before judgment or on appeal, the court, motu
proprio  or upon motion, may take judicial notice of
any matter and shall hear the parties thereon if such
matter is decisive of a material issue in the case.
(3a)
When is judicial notice discretionary?
According to the Rules of Court, Rule 129,
Section 2, 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.
In fact, the Supreme Court has previously held
that trial courts can take judicial notice of the
general increasein rentals of real estate especially
of business establishments. (Sps. Sy vs. De Vera-
Navarro, G.R. No. 239088, 3
April 2019)(Second Division)[Caguioa, J.].
Section 4. Judicial admissions.  - 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. (4a)
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4Q. What is judicial admission?
4A. A judicial admission is an admission, verbal or
written, made by a party in the course of the
proceedings in the same case, which dispenses
with the need for proof with respect to the matter
or fact
admitted. It may be contradicted only by a
showing that it was made through a palpable
mistake or that no such
admission was made.7 (Agbayani vs. Lupa Realty
Holding Corp., G.R. No. 201193, 10 June 2019)
(Second Division)[Caguioa, J.].
What is required in order to constitute judicial
admission?
5A. In order to constitute a judicial admission, the
statement must be one of fact, not opinion. To be
judicial admission, a statement must be contrary
to an essential fact or defense asserted by the
person giving thetestimony; it must be deliberate,
clear, and unequivocal. (Agbayani vs. Lupa Realty
Holding Corp., G.R. No.
201193, 10 June 2019)(Second Division)
[Caguioa, J.].
6Q. How do admissions during the preliminary
conference by counsel classified? Explain.
6A. The admission by counsel during the pre-trial
proceedings qualifies as a judicial admission
because the statement is a deliberate, clear,
unequivocal statement of a party's attorney during
judicial
proceedings in open court about a concrete or
essential fact within that party's peculiar
knowledge. Since
such a statement is a judicial admission, it does
not require proof according to Section 4, Rule 129
of the Rules of
Court. (Agbayani vs. Lupa Realty Holding Corp.,
supra).
Q: How do you prove a written foreign law?
(1997 Bar)
“ EVIDENCE
A: A written foreign law may be evidenced by
 an official publication thereof or
 by a copy attested
o by the officer having the legal
custody of the record, or
o by his deputy, and accompanied,
if the record is not kept in the
Philippines, with a certificate that
such officer has the custody, if
the office in which the record is
kept is in a foreign country, the
certificate may be made by a
secretary of the embassy or
legation, consul general, consul,
vice-consul, or consular agent or
by any officer in the foreign
service of the Philippines
stationed in the foreign country in
which the record is kept, and
authenticated by the seal of his
office. (Sec. 24, Rule 132,
Zalamea v. Court of Appeals,
G.R. No. 104235 November 18,
1993)
Q: Suppose a foreign law was pleaded as
part of the defense of defendant but no
evidence was presented to prove the
existence of said law, what is the
presumption to be taken by the court as to
the wordings of said law? (1997 Bar)
A: The presumption is that the wordings of the
foreign law are the same as the local law