Judicial Notice (3) Flashcards
"Your Honor Knows Best" module
For the purpose of evidence is to ascertain the truth with respect to a matter of fact. There are instances however where evidence may be dispensed with but a fact is nonetheless established.
GR: If you want to establish a fact in issue, present evidence during trial.
XPN
- when the fact is that which the court takes judicial notice
- when the fact is judicially admitted by a party (judicial admission)
- when the fact is presumed by law (legal presumption)
what is judicial notice?
Judicial notice as an evidentiary rule which is premised on the fact that there are matters which are known [or] ought to be known by judges by reason of their judicial functions, even if in actuality, the judge may be completely ignorant
JN on said notice newspaper of general publication
Mr. Cabatana is married to Ms. Mole and 2 years thereafter, Ms. Mole filed an action in court for legal separation on the ground that Mr. Cabatana is a monstrous homosexual. The case is filed and pending before Judge Belarmino but Ms. Mole failed to prove that Mr. Cabatana is really a homosexual.
Unfortunately for Mr. Cabatana, Judge Belarmino happens to be a homosexual himself. In fact, they belong to the same flock – Association of Closet Gays in the Philippines
Will Judge Belarmino appreciate the facts of Ms Mole?
Judge Belarmino may have personal knowledge of Mr. Cabatana’s homosexuality, but Judge Belarmino’s personal knowledge of Mr. Cabatana’s homosexuality cannot be used as basis for his decision in granting the petition for legal separation on the ground of homosexuality.
Judge Belarmino’s knowledge of Mr. Cabatana’s sexual orientation relates to his personal knowledge – not a matter that is known or ought to be known by him by reason of his being a judge.
administrative cases
what are the two kinds of judicial notice
- Mandatory JN - matters required mandatorily to be taken judicial notice
- Discretionary JN - matters which courts may take JN according to its discretion
JN, when mandatory?
R129 S1
A court shall take JN without the introduction of evidence of;
- existence of territorial extent of states
- political history
- forms of gov’t [and] symbols of nationality
- law of nations
- admiralty and maritime courts of the world [and] their seals
- political constitution [and] history of the Phil
- official acts of LEJ dept of the philippines
- laws of nature
- measure of time
- geographical division
EXCLUSIVE list
Is laws of nation the same with foreign law?
No, the former refers to international law or laws that govern states and international entities
thus foreign law requires the application of the doctrine of processual presumption
The patient was supposed to undergo a surgical operation of her non-functional kidney but it was the right functioning kidney which was removed. The surgeon was sued for malpractice, medical negligence.
the plaintiff presented photocopies
of certain documents consisting of request for x-ray which contains the
marginal notes or interpretation of the radiologist
Photocopies were objected to by the respondent under the best evidence rule.
Decide.
LB: Atienza v. Board of Medicine
The best evidence rule does NOT apply.
The purpose of offering the document as evidence is to establish the exact anatomical location of the kidneys before and during the surgery. The photocopies or even the original of these documents are not even necessary to prove that fact because the anatomical location of the kidneys is a matter that the court should take mandatory judicial notice
Under the laws of nature kidneys are always found in the place where they are supposed to be – the right in the right and the left in the left.
PUBLICATION OF NEWSPAPER, JN?
No,(State prosecutor v. Muro)
buy-bust is susceptible to abuse, JN?
yes, a tool for extortion (PP v. Barte)
SENATE REPORT, JN?
Yes (CLT Realty Devl’t Corp)
JN but it doesn’t mean it carries evidenciary weight unlike judicial decisions from the SC
General Rule: Courts are not authorized to take judicial notice of the contents of the records of OTHER cases
XPNs
a.
- when in the absence of any
objection,
- w/ the knowledge of the
opposing party,
- the contents of said other case are clearly referred to by title and number in a pending action and
- adopted or read into the record of the latter; [or]
b.
- 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
when is JN, discretionary?
R129 S2
a court may take JN of matters which are
- public knowledge
- capable of unquestionable demonstration
- ought to be known by judges by reason of their judicial functions
what is the principal behind the discretionary JN?
Notoriety
generally accepted as true by the public. In the context of judicial notice, notoriety means that a fact is so well known and commonly accepted that it does not need further proof in court.
when JN discretionary > 1 > Public Knowledge
what constitutes PUBLIC KNOWLEDGE
- “common knowledge”
- ordinary experiences of life
- JN limited to facts
- evidenced by public records &.
- facts of general notoriety
Discretionary JN > Public Knowledge >
Judicially noticed fact must be one NOT subject to a reasonable dispute in that, it is EITHER
IOW, “this means that for a fact to be judicially noticed it must meet one of two conditions:
- generally known within the territorial JD of THE trial court
- manila roads are very traffic
- capable of accurate & ready determination by resorting to sources whose accuracy cannot reasonably be questionable.
- The exchange rate of the Philippine peso to the U.S. dollar, which can be verified from the Bangko Sentral ng Pilipinas (BSP)
Judicial notice, when hearing necessary
[DURING Pre-Trial & Trial]
- motu proprio or upon motion hear the parties on the Propriety of taking JN on any matter
[BEFORE Judgment [or] on Appeal]
- motu proprio or upon motion take JN of any matter [and] shall hear the parties IF such matter is decisive of a material issue in the case
what matters are capable of unquestionable demonstration?
- Value of common goods ( Pp v. Cabiguez)
- Culture existing in the community
- Human Behavior & Ordinary Human Experience
[2]
- no woman would come complain on a rape case and be subject to the ridicule of society
[3]
- witnesses come forward years or months after incident and defense might say he should have immediately went to the police and executed an affidavit but the SC takes JN of this human behavior
Matters ought to be known by reason of their judicial functions >
An evidence or document which forms part of the record of the same case.
It may be argued that the court, by reason of its judicial function, ought to be aware of the contents of the records of the case pending before it
In the prosecution for BP 22 and Estafa, oftentimes these cases go along as they arose from the same issuance of a bounced check. The separate trials for these cases move forward separately. Since these crimes arose from the same incident, normally, the evidence of the first case is the same evidence in the second case.
Supposedly, the BP 22 case went ahead than the Estafa; witnesses testified and other evidences were offered
may the record in the BP 22 case be taken as JN by the court?
No, The court may not take judicial notice of records of another case, even if that another case is filed in the same court and heard by the same judge.
the court may NOT take judicial notice handling the Estafa case because the records are different even if arising from the same series of transactions.
However, the records of the same case may be taken judicial notice. All records pertaining to the Estafa case may be taken judicial notice of by the court that hears the Estafa case.
through JP, explain the conflict or grey area between rule on offer of evidence and courts taking judicial notice
“Candido v. CA”
v.
“BPI v. CA”
[Candido v. CA]
- attached an affidavit containing allegations but was not formally offered during trial & was dismissed for lack of sufficient evidence even if it was attached to the records
- Rule 132 Sec. 34 “The court shall consider no evidence which has not been formally offered…”
[BPI v. CA]
- CTA made a definitive finding that BPI incurred net loss
- BIR appealed to the SC urging that not to take JN of the CTA decision as it was not formally offered in evidence violating rule 132
- SC disagreed ruling that “there are matters that are ought to be known by judges by reason of their judicial functions-one of these is the records of the same case.
how to reconcile the grey area on the rule on offer of evidence
CandidO v CA | vs | BPI v VA
Distinguish whether the evidence is in
- relation to the main case, or
- only incidental thereto
[When strictly applied]
- Rule 132 sec. 34 is more applied strictly if the evidence is necessary to prove a party’s COA [or] DEFENSE,
- IOW, evidence is necessary to prove the issue raised in the main case
[When relaxed]
- But if the evidence, which forms part of the case, is used for certain incidence other than the merits of the case, the rule on JN may be liberally applied and therefore, the court may take judicial notice even if the evidence was not formally offered.
Case for collection of money. Upon the filling of the complaint, the court issues summons which is subsequently served on the defendant. Under the ROC, upon service of summons, the defendant is required to file his answer and failure to do so within the 15-day period entitles the plaintiff to move to declare the defendant in default.
[A]
How to prove that the summons was in fact issued by the court? The summon itself. How to prove that the summons has been served upon the defendant?
[B]
If 15 days have lapsed without the defendant filing an answer, a motion to declare defendant in default may be filed by the plaintiff. If plaintiff-complainant does not formally offer in evidence the copy of the summons & sheriff’s return or no answer was filed, may the court take JN and move to declare the defendant in default?
[A]
The sheriff’s return; sheriff will make a report which will become part of the record of the case.
[B]
Yes, because the copy of the summons, sheriff’s return, and record showing no answer filed is incidental to the main case
When SC takes discretionary judicial notice on shy women from the province thus impossible for them to fabricate rape charges unless true, is that discretionary JN from the SC now made a mandatory JN because it is considered as an “official act of the judiciary” Rule 129 Sec.1?
If it is the trial court taking JN of the decisions of the SC, this falls under mandatory JN being an official act of the judiciary.
However, if the court takes JN of the culture of women in barangays, that they are shy that it is impossible for them to fabricate rape charges unless they were true – we are NOT referring to OFFICIAL ACTS, rather, we are referring to the existing culture in the community. It is therefore discretionary. (*discretionary JN > 2 > capable of unquestionable demonstration)
What is the rule on the judicial notice regarding RTC and CA?
insofar as Ordinances
Rule on JN of RTC & CA are co-terminous with their territorial JD.
[RTC] must take JN but only required by law of their municipal ordinances in cases of appeal [and] JN of ordinances w/in their JD
- charter requiring courts to take JN of ordinances passed by the city council (City of Manila v. Garcia)
[CA] may take JN of ordinances because nothing in the Rules prohibit it from JN of an ordinance which is capable of unquestionable demonstration (*Gallego v. Pp)
CONTROLLING
can court take JN with other cases
- own acts and records in the same case
- of facts established in prior proceedings in the same case
- authneticity of its own repctodd of snothe r ase hetween the same parties
- the filed related cases in the same case
- public records on file in the same court
CONTROLLING
can court take JN with other cases
- own acts and records in the same case
- of facts established in prior proceedings in the same case
- authneticity of its own repctodd of snothe r ase hetween the same parties
- the filed related cases in the same case
- public records on file in the same court
