Judicial Notice

Question 1

What is Judicial Notice?

Answer 1

It is the cognizance of certain facts which judges may properly take and act upon without proof because they are supposed to be known to them.

It is based on considerations of expediency and convenience. It displaces evidence, being equivalent to proof. (Regalado, 2008)

Question 2

What is the Function of Judicial Notice?

Answer 2

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. (Riano, 2019)

Question 3

What are the Kinds of judicial notice?

Answer 3

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, ROC, as amended)

Question 4

What is Mandatory Judicial Notice?

Answer 4

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.

Question 5

When Judicial Notice is Mandatory

(E-PO-L-A-P-O-L-M-G)

Answer 5

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

(Sec. 1, Rule 129, ROC, as amended)

NOTE: The list here is EXCLUSIVE.

Question 6

When Judicial Notice of a fact may be taken

Answer 6

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. (Sec. 3, Rule 129, ROC, as amended)

Question 7

When Judicial Notice is Discretionary (P-D-F)

Answer 7

1. Matters which are of Public knowledge;

NOTE: 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.

2. Capable of unquestionable Demonstration;

or NOTE: Matters which are capable of unquestionable 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. (Francisco, 1996)

3. Ought to be known to judges because of their judicial Functions. (Sec. 2, Rule 129, ROC, as amended)

Question 8

Is the personal knowledge of the judge equivalent to judicial notice?

Answer 8

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, 19
Sept. 1994)

Question 9

Give the Requisites for the application of the Principle of Discretionary Judicial Notice

Answer 9

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. (Expert Travel & Tours, Inc. v. CA, G.R. No. 152392, 26 May 2005)

Question 10

Difference bet Mandatory JN & Discretionary JN?

• Ct compelled
• ct’s initiative or request of pty
• hearing necessary

Answer 10

Mandatory Judicial Notice vs. Discretionary
Judicial Notice

1. Court is compelled to
   take judicial notice/ Court is not compelled
   to take judicial notice
2. Takes place at court’s
   initiative/May be at court’s own
   initiative or on request
   of a party.
3. No motion or hearing/ Needs hearing.

Question 11

Cases where judicial notice was applied. (familiarize)

Answer 11

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, 23 Sept. 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. L65863, 11 June 1986)
3. The general increase in rentals of real estate especially of business establishments. (Commander Realty, Inc. v. CA, G.R. No. L-77227, 29 Nov. 1988)
4. The reality that, especially in local elections, political rivals or operators benefited from the usually belated decisions by COMELEC on petitions to cancel or deny due course to CoCs of potential nuisance candidates. (Dela Cruz v. Commission on Elections, G.R. No. 192221, 13 Nov. 2012)
5. 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, 14 Nov. 2012)
6. The government is and has for many years been financially strapped, to the point that even the most essential services have suffered serious curtailment. (La Bugal-B’Laan Tribal Assoc. v. Ramos, G.R. No. 127882, 01 Dec. 2004)
7. That Oakwood standoff was widely known and was extensively covered by the media made it a proper subject of judicial notice. (Magdalo Para sa Pagbabago v. COMELEC, G.R. No. 190793, 19 June 2012)
8. Senate Report on the Maysilo Estate being an official act of the legislative department of the National Government of the Philippines. (CLT Realty Development Corporation v. Hi-Grade Feeds Corporation, et al., G.R. No. 160684, 02 Sept. 2015)
9. 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.

Question 12

What is Judicial Notice of Foreign Laws? (2005 BAR)

Answer 12

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 and L-27896, G.R. No. 29 Mar. 1974)

Question 13

What is the Doctrine of Processual Presumption?

Answer 13

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 if pleaded, is not proved, the presumption is that the foreign law is same as ours. (ATCI Overseas Corporation v. Echin, G.R. No. 178551, 11 Oct. 2010)

Question 14

What are the Rules regarding Judicial Notice of Municipal or
City Ordinances

Answer 14

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 case on 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. (Riano, 2019)

Question 14

What are the Rules regarding Judicial Notice of Municipal or
City Ordinances?

Answer 14

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 case on 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. (Riano, 2019)

Question 15

What are the Rules on Judicial Notice of Records of another case previously tried?

Answer 15

GR: Courts are not authorized to take judicial notice of the contents of the records of other cases, even when such cases have been tried or are pending in the same court, and notwithstanding the fact that both cases may have been heard or are actually pending before the same judge. (Calamba Steel Center, Inc. v. CIR, G.R. No. 151857, 28 Apr. 2005)

XPNs:

1. When in the absence of any objection, with the knowledge of the opposing party, the contents of said other cases are clearly referred to by title and number in a pending action and adopted or read into the record of the latter;
2. When the original record of the other case or any part of it is actually withdrawn from the archives at the court’s discretion upon the request, or with the consent, of the parties, and admitted as part of the record of the pending case (Jumamil v. Cafe, G.R. No. 144570, 21 Sept. 2005);
3. When the action is closely interrelated to another case pending between the same parties;
4. Where the interest of the public in ascertaining the truth are of paramount importance;
5. In cases seeking to determine what is reasonable exercise of discretion or whether the previous ruling is applicable in a case under consideration; or
6. Where there is finality of a judgment in another case that was previously pending determination and therefore, res judicata. (Herrera, 1999)

Question 16

Anna and Badong were accused of killing Cathy. However, only Anna was arrested since Badong went into hiding. After trial, Anna was acquitted of the charge in a decision rendered by Judge Santos. Subsequently, Badong was arrested and brought to trial. After trial, Badong was found guilty of homicide in a decision rendered by Judge Yantok, the judge who replaced Judge Santos after the latter retired. On appeal, Badong argues that Judge Yantok should have taken judicial notice of the acquittal of Anna rendered by Judge Santos. Is Badong correct?

Answer 16

A: NO. The appreciation of one judge of the testimony of a certain witness is not binding on another judge who heard the testimony of the same witness on the same matter. Each magistrate who hears the testimony of a witness is called upon to make his own appreciation of the evidence. (People v. Langit, G.R. Nos. 134757-58, 04 Aug. 2000)