Rule 129 “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 – Mandatory – hearing is no longer required Eg: Section 1, Rule 129 b. Discretionary – 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?
Yes, because it is passed within their territorial jurisdiction. 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 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 a ny 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
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.
