Rule 129 - What Need Not Be Proved Flashcards
What are the three kinds of judicial notice?
- Mandatory judicial notice;
- Discretionary judicial notice;
- Judicial notice with hearing
When is judicial notice mandatory?
Rule 129 Sec. 1. Judicial notice, when mandatory. – A c s t j n, w t i o e, o t e a t e o s, t p h, f o g a s o n, t l o n, t a a m c o t w a t s, t p c a h o t P, t o a o t l, e a j d o t N G o t P, t l o n, t m o t, a t g d.
When is judicial notice discretionary?
Rule 129. Sec. 2. Judicial notice, when discretionary. – A c m t j n o m w a o p k, o a c o u d, o o t k t j b o f j f.
When is hearing necessary for judicial notice?
Rule 129. Sec. 3. Judicial notice, when hearing necessary. – D t p-t a t t, t c m p o u m, s h t p o t p o t j n o a m.
B j o o a, t c, m p o u m m t j n o a m a s h t p t i s m i d o a m i i t c.
In what cases is judicial discretion mandatory?
- existence and territorial extent of states;
- political histroy, forms of government, and symbols of nationaly of states;
- law of nations, admiralty and maritime courts of the world and their seals;
- political constitution and history of the Philippines;
- official acts of hte legislative, executive and judicial departments of the National Government of the Philippinnes;
- laws of nature;
- measure of time;
- geographical divisions.
Rule 128 Sec. 1.
What is the difference between the concepts of a legislative and adjudicative fact?
Legislative fact - those which ahve relevance to legal reasoing and the lawmaking process whether in the formulation of a legal principle or ruling of a judge or court in enactment of a legislative body. (Facts stated in the law or reflected in the law). [e.g. NLRC was enacted to promote rights of employees]
Adjudicative facts - facts of the particular case; matters of consequence to the resolution of factual issues in the particular case. [boiling point of water is 100 celsius; humans cannot survive molten lava]
What is the test of notoriety?
Whether the fact involved is so notoriously known as to make it proper to assume its existence without proof.
Is a court authorized to take judicial knowledge off the contents of the record of other cases?
General rule: No. The court is not authorized to take judicial knowledge of the contents of the record of other cases, in the adjudiciation of cases pending before them or even when said other cases have been heard or are pending in the same court notwithstanding the fact that both cases may have been heard or are really pending in the same judge.
Exceptions: (6 cases) - no objection; closely interwoven; public interest; applicability of record is issue of case/ resonability of exercise of discretion is the issue of the case; other exceptions – finality of judgment in another case, decisions of appellate court which affect pending case.
Rule 129. Sec. 4. Judicial admissions.
Rule 129. Sec. 4. Judicial admissions. – A a o o w, m b a p i t c o t p i t c, d n r p. T a m b c o b s t i w m t p m o t t i a w n, i f, m.
What is a judicial admission?
A judicial admission is an admission made in the course of hte proceedings in the same case, verbal (oral) or written by a aprty accepting for the purposes of the suit the truth of some alleged fact, which said party cannot thereafter disprove.
A judicial admission is one made in the pleadings or in the progress of a trial as to dispense with the introduction of evidence otherwise necessary to dispense with some rules of practice necessary to be observed and complied with.
Is a judicial admission disputable evidence?
No. A judicial admission is conclusive.
What is the difference between the effect of an extrajudicial admission from a judicial admimssion?
Extrajudicial admission - not conclusive but disputable and must be formally offered in evidence before the court may consider the admission as evidence.
Judicial admission - conclusive and not disputable; no need to be formally offered in evidence
