Rule 129 A court may take judicial matters which are of
WHAT NEED NOT BE PROVED a) Public knowledge, or
RULE 129 SECTIONS 1 & 2 JUDICIAL NOTICE
JUDICIAL NOTICE
Matters which must be admitted without need for evidence
The cognizance of certain facts that judges may properly
take and act on without proof because these facts are
already known to them.
It is the assumption by a court of a fact without need of
further traditional evidentiary support.
WHY IS THERE A NEED FOR JUDICIAL NOTICE?
To abbreviate litigation by the admission of matters that
need no evidence
The principle is based on convenience and expediency in
securing and introducing evidence on matters which are not
ordinarily capable of dispute and are not bona fide disputed.
It takes the place of proof and is of equal force. It displaces
evidence and fulfils the purpose for which the evidence is
designed to fulfil.
Section 1. Judicial notice, when mandatory
A court shall take judicial notice without the introduction of
evidence
a) the existence and territorial extent of states;
b) the political history, forms of government and symbols of
nationality of states;
c) the law of nations;
d) the admiralty and maritime courts of the world and their
seals;
e) the political constitution and history of the Philippines;
f) the official acts of the legislative, executive and judicial
departments of the Philippines;
g) the laws of nature;
h) the measure of time; and
i) the geographical divisions.
NOTES:
No motion of hearing is necessary for the court to take
judicial notice of a fact.
Does not need an introduction of evidence
Section 2. Judicial notice, when discretionary
b) Are capable of unquestionable demonstration, or
c) Ought to be known to judges because of their judicial
function
NOTES:
The principles of discretionary judicial notice will apply here
the following requisites are met:
a) The matter must be of common knowledge;
b) The matter must be settled beyond reasonable doubt (if
there is any uncertainty about the matter, then evidence
must be adduced); and
c) The knowledge must exist within the jurisdiction of the
court.
Mere personal knowledge of the judge is NOT judicial notice
Courts MAY take judicial notice of its own acts and records in
the same case
Courts MAY NOT take judicial notice of the contents or
records of other cases even if both cases may have been
tried or are pending before the same judge.
XPN:
(1) When there is no objection, with the knowledge of
the opposing party, the contents of said other case
are clearly referred to and adopted or read into the
record of the latter; or
(2) When the original or part of the records of the case is
actually withdrawn from the archives at the courts
discretion upon the request, or with the consent, of
the parties, and admitted as part of the record of the
pending case
RULE 129 SECTION 4 JUDICIAL ADMISSIONS
Section 4. Judicial admissions.
An admission
Verbal or written
Made by a 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
 No such admission was made Must be reduced in writing and signed by the accused and
his counsel
NOTES:
REQUISITES OF JUDICIAL ADMISSION EFFECT OF JUDICIAL ADMISSIONS
(1) Must be made by a party to the case a) It does NOT require proof
(2) Must be made in the course of the proceedings in the same b) It is conclusive upon the party making it, and
case hence, CANNOT be contradicted.
(3) May be verbal or written
An original complaint, after being amended, loses its
If made in a trial in another case The same would be character as a judicial admission, which would have
considered an extrajudicial admission for the purpose of the required no proof. It becomes merely an extrajudicial
other proceeding where such admission is offered. admission requiring a formal offer to be admissible.
A party who judicially admits a fact CANNOT later
WHERE JUDICIAL ADMISSIONS MAY BE MADE challenge that fact as judicial admissions are a
a) Pleadings filed by the parties (including admissions made in waiver of proof; production of evidence is dispensed
pleadings which are withdrawn/superseded by an amended with.
pleading)
b) The course of the trial either by verbal/written HOW JUDICIAL ADMISSIONS MAY BE CONTRADICTED
manifestations/stipulations GR: Judicial admissions CANNOT be contradicted
c) Other stages of judicial proceedings
XPN: By showing that:
HOW JUDICIAL ADMISSIONS MAY BE OBTAINED (1) It was made through palpable mistake;
a) Depositions (2) No such admission was made.
b) Written interrogatories
c) Request for admissions
This may be invoked when:
ADMISSIONS DURING PRE-TRIAL the statement of a party is taken out of context or
Civil case that his statement was made not in the sense it is made to
Deemed to have been made in the course of the judicial appear by the other party
proceeding and is necessarily a judicial admission
Criminal case
Not necessarily admissible against the accused