EVIDENCE

ART. 129
WHAT NEED NOT BE PROVED

ATTY. KRISTALYN P. VEGA-ALVES

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, offi cial 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.
Facts that need not be proved:

1. Those of which the courts may take judicial notice

(Rule 129);
2. Those that are judicially admitted (Rule 129);
3. Those that are conclusively presumed (Rule 131);
4. Those that are disputably presumed but
uncontradicted (Rule 131);
5. Immaterial allegations;
6. Facts admitted or not denied provided they
have been sufficiently alleged (Sec. 1, Rule 8);
7. Res ipsa loquitur; and
8. Admissions by adverse party (Rule 26)
Judicial notice
- It is the cognizance of certain facts which
judges may properly take and act upon without
proof because they are supposed to be knownto them. It
is based on considerations of expediency and
convenience. It displaces evidence, being equivalent to
proof.
Function of judicial notice
It dispenses the presentation of evidence and fulfills
the purpose for which the evidence is designed to
fulfill. Its function is to abbreviate litigation by admission
of matters that needs no evidence because judicial
notice is a substitute for formal proof of a matter
by evidence.
Kinds of judicial notice:

1. Mandatory – insofar as those matters enumerated under

Sec. 1, Rule 129;

2. Discretionary – on matters which are of public knowledge,

or are capable of unquestionable demonstration, or
ought to be known to judges because of their functions
(Sec. 2, Rule 129, 2019 Amendments to the Revised
Rules on Evidence)

 When the matter is subject to a mandatory judicial

notice, no motion or hearing is necessary for the
court may take judicial notice of a fact.
When judicial notice is mandatory: (Sec. 1, Rule 129, 2019
Amendments to the Revised Rules on Evidence)
1. Existence and territorial extent of states;
2. Political history, forms of government and symbols of
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 legislative, executive and judicial departments
of the National Government of the Philippines;
7. Laws of nature;
8. Measure of time; and
9. Geographical divisions
*** The list here is EXCLUSIVE. Only the things listed here are the subject of
mandatory judicial notice.
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.
When judicial notice is discretionary: (Sec. 1, Rule 129, 2019
Amendments to the Revised Rules on Evidence)

1. Matters which are of public knowledge;

2. Capable of unquestionable demonstration; or
3. Ought to be known to judges because of their
judicial functions.

 Public knowledge are those matters coming to the knowledge

of men generally in the course of ordinary experiences of life,
or they may be matters which are generally accepted by
mankind as true and are capable of ready and unquestioned
demonstration.
  Matters which are capable ofunquestionable demonstration
are facts, theories and conclusions which have come to be
established and accepted by the specialists in the areas of
natural science, natural phenomena,chronology, technology,
geography, statistical facts and other fields of professional and
scientific knowledge.

 Judicial notice is not judicial knowledge. The mere personal

knowledge of the judge is not the judicial knowledge of the
court, and he is not authorized to make his individual
knowledge of a fact, not generally or professionally known,
the basis of his action. Judicial cognizance is taken only of
those matters which are "commonly" known. (State
Prosecutors v. Muro, A.M. No. RTJ-92-876, September 19,
1994)
*** No hearing is required in the enumeration under Sec. 2, Rule 129.
Requisites for the application of the principle of discretionary
judicial notice:
1. The matter must be one of common and general knowledge;
2. It must be well and authoritatively settled and not doubtful
or uncertain; and
3. It must be one which is not subject to a reasonable dispute in
that it is either:
a. Generally known within the territorial jurisdiction of the
trial court; or
b. Capable of accurate and ready determination by resorting
to sources whose accuracy cannot reasonably be
questionable. (Expertravel & Tours, Inc. v. CA, G.R. No.
152392, May 26, 2005)

NOTE: The principal guide in determining what facts may be

assumed to be judicially known is that of notoriety.
Test of notoriety

Whether the fact involved is so notoriously known as to make

it proper to assume its existence without proof.

Mandatory Judicial Notice vs. Discretionary Judicial Notice

Mandatory Judicial Notice Discretionary Judicial Notice

Court is compelled to take
judicial notice.
Takes place at court’s initiative
No motion or hearing.
Court is not compelled to take
judicial notice.
May be at court’s own initiative
or on request of a party.
Needs hearing.
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.
 Hearing in cases of discretionary judicial notice
During Pre-Trial and Trial After trial but before
judgement or on appeal
The Court on its own initiative, or The proper court, on its own or on
on request of a party, may announce request of a party, may take a
its intention to take judicial notice judicial notice of any matter and
of any matter and allow the parties allow the parties to be heard thereon
to be heard thereon. if such matter is decisive of a
material issue in the case.

 Hearing is necessary in the foregoing instances to afford the parties

reasonable opportunity to present information relevant to the propriety
of taking such judicial notice or the tenor of the matter to be judicially
noticed.
 Instances when the Court takes judicial notice:

1. The existence and location within the territory over which they exercise
jurisdiction of great rivers and lakes, and their relation to provincial
boundaries, of navigability of streams, constituting highway commerce
and notorious facts concerning the same. (Banatao v.Tuliao, G.R. No.
12264 September 23, 1918)
2. The financial problem is a factor that beset the sugar industry; that there
is crisis in the sugar industry. (Hilado v. Leogardo, Jr., G.R. No. L-
65863, June 11, 1986)
3. The general increase in rentals of real estate especially of business
establishments. (Commander Realty, Inc.v. CA, G.R. No. L-77227,
November 29, 1988)
 Instances when the Court takes judicial notice:

4. How rapists are not deterred by the presence of people nearby, such as
the members of their own family inside the same room, with the
likelihood of being discovered, since lust respects no time, locale or
circumstance. (People of the Philippines v. Neil B. Colorado, G.R. No.
200792, November 14, 2012)
5. Moral damages and death indemnity require neither pleading nor
evidence simply because death through crime always occasions moral
sufferings on the part of the victim’s heirs. (Barut v. People of the
Philippines, G.R. No. 167454, September 24, 2014)
 Matters NOT proper subject of judicial notice

1. GR: Courts are not mandated to take judicial notice of the practice of
banks in conducting background checks on borrowers and sureties.

XPN: They nevertheless may do so under the rule on discretionary

judicial notice. (Solidbank Corporation v. Mindanao Ferroalloy Corp.,G.R.
No. 153535, July 28, 2005)

2. The assessed value of realty.

3. Actual Damages. (Barut v. People of the Philippines, G.R. No. 167454,

September 24, 2014)
4. JUDICIAL NOTI
 Judicial notice of foreign laws

GR: Courts cannot take judicial notice of foreign laws. They must be
alleged and proved.

XPN: When said laws are within the actual knowledge of the court and
such laws are:

1. Well and generally known; or

2. Actually ruled upon in other cases before it; and none of the
parties claim otherwise. (PCIB v. Escolin, G.R. Nos. L-27860 L-
278896, March 29, 1974)
 Doctrine of Processual Presumption

In international law, the party who wants to have a foreign law applied
to a dispute or case has the burden of proving the foreign law. Where a
foreign law is not pleaded or even ifpleaded, isnot proved, the
presumption is that the foreign law is same as ours. (ATCI Overseas
Corporation v. Echin, G.R. No. 178551, October 11, 2010)

When foreign law is part of a published treatise, periodical or pamphlet

When the foreign law is part of a published treatise, periodical or pamphlet
an the writer is recognized in his profession or calling as expert in the
subject, the court, may take judicial notice of them treatise containing the
foreign law. (Sec. 48, Rule130, 2019 Amendments to the Revised Rules
on Evidence)
Rules regarding judicial notice of municipal or city
ordinances
1. MTCs are required to take judicial notice of the ordinances of the
municipality or city wherein they sit.
2. RTCs must take judicial notice of ordinances in force in the
municipalities within their jurisdiction only:
a. When expressly authorized to do so by statute; or
b. In caseon appeal before them and wherein the inferior court took
judicial notice of an ordinance involved in the same case.

3. Appellate courts may also take judicial notice of ordinances not only
because the lower courts took judicial notice thereof but because these
are facts capable of unquestionable demonstration.
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.
 Requisites of judicial admission
1. It must be made by a party to the case or his counsel;
2. It must be made in the course of the proceedings in the same case; and
3. It can be oral or written. (Sec. 4, Rule 129, 2019 Amendments to
the Revised Rules on Evidence)
Judicial admissions may be made in:

1. The pleadings filed by the parties;

2. The course of the trialeither by verbal or written manifestations or
stipulations, including depositions, written interrogatories and requests for
admissions; or
3. Other stages of the judicial proceedings, as in pre-trial. (Binarao v. Plus
Builders, Inc., G.R. No. 154430, June 16, 2006)
 Judicial admissions vs. Extrajudicial admissions
Judicial admissions
Those made in the course of the proceeding
in the same case.
Do not require proof and may be
contradicted only by showing that it was
made through palpable mistake or that the
imputed admission was not, in fact, made.
Judicial admissions need not be offered in
evidence since it is not evidence and shall be
considered by the court as established.
Conclusive upon the admitter.
Admissible even if self serving.
Subject to cross-examination.
Extrajudicial admissions
Those made out of court or in a judicial
proceeding other than the one in
consideration.
Regarded as evidence and must be offered as
such otherwise the court will not consider it in
deciding the case.
Requires formal offer for it to be considered.
Rebuttable.
Not admissible if self serving.
Not subject to cross-examination.
 Different forms of judicial admission:
1. Oral – Verbal waiver of proof made in open court, a withdrawal of
contention, or disclosure made before the court, or admission made by
witness in his testimony or deposition;
2. Writing – Pleading, bill of particulars, stipulation of facts, request for
admission, or a judicial admission contained in an affidavit used in the
case (Programme Inc. v. Province of Bataan, G.R.No. 144635, June 26,
2006)
Two ways in which admissions are made in pleadings
1. Actual Admission – When a party categorically admits a material
allegation made by the adverse party.

2. Implied Admission – When the admission is inferred from the failure to

specifically deny the material allegations in the other party’s pleadings.
 EFFECT OF JUDICIAL
ADMISSIONS
1. They do not require proof; and
2. They cannot be contradicted because they are conclusive upon the party
making it.

Remedy of party who made a judicial admission

1. In case of written admission – File a motion to withdraw such pleading,

or any other written instrument containing such admission; and
2. In case oforal admission – The counsel may move for the exclusion of
such admission.
 PRE-TRIAL ADMISSIONS

Admissions in the pre-trial of civil cases

A pre-trial is mandatory. One of the purposes of pre-trial in civil cases is

for the court to consider the possibility of obtaining stipulations or
admissions of facts. Admissions therefore, in the pre-trial, as well as those
made during depositions, interrogatories or requests for admissions, are all
deemed judicial admissions because they are made in the course of the
proceedings of the case.
 PRE-TRIAL ADMISSIONS
Admissions in the pre-trial of criminal cases

Admission made by the accused in the pre-trial of a criminal case isnot

necessarily admissible against him or her. To be admissible, the conditions
set forth by Sec. 2 of Rule 118 must be complied with.

All the agreements or admissions made or entered during the pre-trial

conference shall be:
1. Reduced in writing; and
2. Signed by the accused and counsel.

Otherwise, they cannot be used against the

accused. (Sec. 2, Rule 118)