Académique Documents
Professionnel Documents
Culture Documents
COLLEGE OF LAW
EVIDENCE
WRITTEN REPORT
Group 3:
BATAC, Karlo Gonzalo G.
BIRUAR, Ariff Adam M.
BUCAY, Diannour N.
BUCTUAN, Faizal June T.
BUHISAN, Jay Patrick R.
Submitted to:
Topics: 1. Judicial notice and judicial admission, distinguished. (a) What need not be proved; (b)
What are matters of judicial notice; (c) What are judicial admissions; and (1) Effect of judicial
admissions; (d) How admissions may be contradicted; and (e) Rules on judicial notice of foreign
laws, law of nations and municipal ordinance.
The Judge in trying a case sees only with judicial eyes as he ought to know nothing
about the facts of the case, except those which have been judicially adjudged in evidence.
Thus, when the case is up for trial, the judicial head is empty as to facts involved and it is
incumbent upon the litigants to the action to establish by evidence the facts upon which
they rely.
- Justice Regino Hermosisima Jr., Lopez vs. Sandiganbayan, 249 SCRA 28.
GENERAL RULE:
The truth as a matter of fact in a judicial proceeding is what the Court only sees judicially
xxx. The Court knows nothing respecting any particular case of which he is not informed
judicially.1 The Court shall consider no evidence which has not been formally offered.
The purpose for which the evidence is offered must be specified. (Sec. 35, Rule 132)
Exceptions:
Facts judicially noticed by the court. The principle of judicial notice states that what is
known need not be proved. (20 Am. Jur. 48; Vide Lopez vs. Sandiganbayan, supra)
Define Define
The cognizance of certain facts which An admission made in the course of the
judges may properly take and act on proceedings in the same case, verbal or
without proof because they are already written by a part accepting for the purpose
known to him. of the suit the truth of some alleged fact,
which said party cannot thereafter
disprove. (Sec. 4 Rule 129)
1
Am. Jur. 46-47
1
Object/Purpose/Principle for which it is based
nations, the admiralty and maritime courts B. Need not be presented formally in
of the world and their seals, the political evidence
constitution and history of the Philippines,
1. Admitted facts
the official acts of legislative, executive
and judicial departments of the Philippines,
the laws of nature, the measure of time, and
the geographical divisions. (sec. 1, rule
129)
B. Discretionary
2
By Whom Made? By Whom Made?
3
Sources: Sources of Judicial Admissions:
ii. Discretionary
4
Other: Other:
The taking of judicial notice maybe abused A. Upon the party making the admission:
and might unfairly favor a party who is The party making the admission is bound
unable to prove a material point. by it. The admission is conclusive as to
Conversely the non-taking notice of a fact him. He will not be permitted to introduce
might unduly burden a party where proof is evidence which will vary, contradict or
not readily available or impossible to deny the fact he has admitted.
obtain and proof thereof is unnecessary, but
B. Upon the opposite party: He need not
still the court refuses to take notice of the
introduce any evidence on the matter which
fact.
was admitted.
A. As to what may be taken notice of:
B. As to the procedure:
5
A. What need not be proved
1. Those 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); and
4. Those that are disputably presumed but uncontradicted (Rule 131).
A court shall take judicial notice, without the introduction of evidence, of:
Note: it would be an error for the court not to take judicial notice of an
amendment to the Rules of Court (Siena Realty v. Gal-lang, 428 scra 422).
a. public knowledge; or
b. are capable to unquestionable demonstration; or
c. ought to be known to judges because of their judicial functions. (sec. 2, rule 129)
6
Requisites:
For the court to take judicial notice, three material requisites must be present:
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. (sec. 3, rule 129)
A court may take judicial notice of its own acts and records in the same case, of
facts established in prior proceedings in the same case, of the authenticity of its
own records of another case between the same parties, of the files of related cases
in the same court, and of public records on file in the same court. (Republic v.
Court of Appeals, G.R. No. 119288, August 18, 1997)
General Rule: Courts are not authorized to 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. (Prieto v. Arroyo, G.R. No. L-17885, June 30, 1965)
7
Exceptions: In the absence of objection, and as a matter of convenience to all
parties, a court may properly treat all or any part of the original of a case filed in
its archives as read into the record of a case pending before it, when:
a. With the knowledge of the opposing party, reference is made to it for that
purpose, by name and number or in some other manner by which it is
sufficiently designated; or
b. The original record of the former case or any part of it, is actually withdrawn
from the archives by the courts direction, at the request or with the consent of
the parties, and admitted as a part of the record of the case then pending.
2. Must be made in the course of the proceedings in the same case, and;
- An admission made in another judicial proceeding will not be deemed a
judicial admission in another case where the admission was not made.
Instead, it will be considered an extrajudicial admission for the purpose of
the other proceedings where such admission is offered.
Notes:
8
Admissions made during a pre-trial
o Civil Cases Deemed judicial admissions because they are made in the
course of the proceedings of the case
Implied admissions
o Implied admissions of actionable documents
When an action or defense is founded upon a written instrument,
the genuineness and due execution of the same instrument shall be
deemed admitted unless the adverse party, under oath, specifically
denies them and sets forth what he claims to be the facts [Sec. 8,
Rule 8, Rules of Court].
A party who judicially admits a fact cannot later challenge that fact as judicial
admissions are a waiver of proof; production of evidence is dispensed with.
[Alfelor v. Halasan, G.R. No. 165987 (2006)]
9
D. How admissions may be contradicted
E. Rules on Judicial notice of foreign laws, law of nations and municipal ordinance
Foreign Laws
General Rule: Courts cannot take judicial notice of foreign laws. They must be alleged
and proved as any other fact. (Yao-Kee vs. Sy-Gonzales, G.R. No. L-55960)
Exceptions:
1. When there is no controversy among the parties as to the existence and provision
of the foreign law;
2. When the foreign law has been previously ruled upon the court as to have
acquired actual knowledge of it;
5. When the foreign law is a treaty in which the Philippines is a signatory it being
part of the Public International Law;
6. Common law;
Law of Nations
The Philippines adopts the generally accepted principles of international law as part of
the law of the land. (Sec.2 Art. II, 1987 Constitution)
10
Municipal Ordinances
Municipal Trial Courts are required to take judicial notice of the ordinances of the
municipality or city wherein they sit.
However, in the case of Regional Trial Courts, they must take such judicial notice only:
Appellate Courts may also take judicial notice of municipal and city ordinances not only
where the lower courts took judicial notice because these facts are capable of
unquestionable demonstration.
-end-
11