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What Need Not Be Proved

This document discusses matters of judicial notice that courts may take without requiring evidence. It identifies facts that courts must take judicial notice of, such as laws and geographical facts. It also lists matters courts may take discretionary notice of if they are commonly known and settled. For a court to take judicial notice, the matter must be of common knowledge, authoritatively settled, and within the court's jurisdiction. Courts can take notice of their own prior acts and records but generally not other cases, unless the records are specifically incorporated into the current case with all parties' knowledge and consent.

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Karlo Gonzalo Guibone Batac
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309 views

What Need Not Be Proved

This document discusses matters of judicial notice that courts may take without requiring evidence. It identifies facts that courts must take judicial notice of, such as laws and geographical facts. It also lists matters courts may take discretionary notice of if they are commonly known and settled. For a court to take judicial notice, the matter must be of common knowledge, authoritatively settled, and within the court's jurisdiction. Courts can take notice of their own prior acts and records but generally not other cases, unless the records are specifically incorporated into the current case with all parties' knowledge and consent.

Uploaded by

Karlo Gonzalo Guibone Batac
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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a.

What need not be proved


1. Facts of judicial notice
2. Judicial admissions
3. Conclusive presumption

b. What are matters of judicial notice?

1. Mandatory judicial notice


A court shall take judicial notice, without the introduction of evidence, of:
a. the existence and territorial extent of states;
b. their political history, forms of government and symbols of nationality;
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 legislative, executive and judicial departments of the
Philippines;
g. the laws of nature;
h. the measure of time; and
i. the geographical divisions. (sec. 1, rule 129)
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).

2. Discretionary judicial notice


A court may take judicial notice of matters which are of:
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)
Requisites:
For the court to take judicial notice, three material requisites must be present:
a. The matter must be one of common and general knowledge;
b. It must be well and authoritatively settled and not doubtful or uncertain;
c. It must be known to be within the limits of the jurisdiction of the court. (State
prosecutors v. Muro, A.M No. RTJ-92-876, September 19, 1994)
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, supra)

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. (sec. 3, rule 129)

With respect to Courts own acts and records


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)

With respect to records of other cases


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)
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.

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