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, official acts of the legislative, executive, and judicial departments of the National Government 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

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

Question 3

Section 3. Judicial Notice, when hearing necessary

Answer 3

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.

Question 4

Section 4. Judicial Admissions

Answer 4

An admission, oral or written, made by a 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 the imputed admission was not, in fact, made.