Rule 129 - What Need Not Be Proved

Question 1

When is judicial notice mandatory?

[Rule 129, Section 1]

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

When is judicial notice discretionary?

[Rule 129, Section 2]

Answer 2

A court may take judicial notice of 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

When is a hearing necessary?

[Rule 129, Section 3]

Answer 3

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.

Question 4

When is judicial admission?
How does a judicial admission contradicted?

[Rule 129, Section 4]

Answer 4

An admission, verbal or written, made by the party in the course of the proceedings in the same case, does not require proof.

The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.