People vs.

Tundag
G. R. Nos. 135695-96              
October 12, 2000

Facts: 

The complainant here was raped by her father twice. The first was on September 5, 1997 and the
second was on November 7, 1997. The first incident happened while she was sleeping. She was
threatened by his father using a knife. The second raped happened after washing the dishes.
Afterwards, she told about it to her neighbor and was advised to seek the help of the police. She
was 13 years old back then. The prosecution was not able to obtain birth certificate and she herself
doesnt know her exact age. The Defense agree with the judicial notice. The RTC convicted him
for two counts of rape and sentenced him to death.

Issue: Whether the RTC correctly took judicial notice about her age.

Ruling: No. 
Judicial notice is the cognizance of certain facts which judges may properly take and act on
without proof because they already know them. 

Under the Rules of Court, judicial notice may either be mandatory or discretionary.
With respect to other matters not falling within the mandatory or discretionary judicial notice, the
court can take judicial notice of a fact pursuant to the procedure in Section 3 of Rule 129 of the
Rules of Court which requires that — SEC. 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.