RULE 129 What Need Not Be Proved

Question 1

Section 1. Judicial notice, when mandatory.

Answer 1

A court shall take judicial notice, without the introduction of evidence,
of the existence and territorial extent of states,
their political history,
forms of government and symbols of nationality,
the law of nations,
the admiralty and maritime courts of the world and their seals,
the political constitution and history of the Philippines,
the official acts of legislative, executive and judicial departments of the Philippines,
the laws of nature,
the measure of time,
and the geographical divisions.

Question 2

Section 2. Judicial notice, when discretionary

Answer 2

matters which are of public knowledge,
or are capable to unquestionable demonstration,
or ought to be known to judges because of their judicial functions.

Question 3

Section 3. Judicial notice, when hearing necessary during trial

Answer 3

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.

Question 4

Section 3. Judicial notice, when hearing necessary after trial and before judgement or on appeal

Answer 4

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.

Question 5

It there a requirement that an admission, verbal or written, made by the party in the course of the proceedings in the same case require proof?

Answer 5

No.
Section 4. Judicial admissions. — An admission, verbal or written, made by the party in the course of the proceedings in the same case, does NOT require proof.

Question 6

How may an admission be contradicted?

Answer 6

The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.
(Section 4. Judicial admissions)