Judicial Notice Lecture Notes

Introduction

• Topic: Judicial Notice
• Overview of Rule 129 and its implications in court proceedings.

Definition of Judicial Notice

• Judicial Notice: Cognizance of certain facts judges can take without proof due to their common knowledge.
• Based on expediency and convenience.
• Displaces the need for evidence, equating it to proof.

Facts Not Needing Proof in Court

1. Judicially Noticed Facts
2. Judicially Admitted Facts
3. Conclusively Presumed Facts
4. Disputably Presumed but Uncontradicted Facts

Requisites for Judicial Notice

1. Common and General Knowledge: Must be widely known.
2. Authoritatively Settled: Not doubtful or uncertain.
3. No Reasonable Dispute: Known within the jurisdiction or easily determinable.

Notoriety

• Refers to public knowledge; facts must be so well-known they can be assumed without proof.

Types of Judicial Notice

Mandatory Judicial Notice

• The court must always take notice of certain facts:
  • Existence and territorial extent of states.
  • Political history, forms of government, symbols of nationality.
  • Law of nations, maritime courts, Philippine political constitution.
  • Official acts of legislative, executive, judicial departments in the Philippines.
  • Laws of nature, measure of time, geographical divisions.

Discretionary Judicial Notice

• Court may take notice of public knowledge that is unquestionable.
• Judges can refuse to take notice if the fact is hard to determine.

Common Knowledge

• Refers to facts generally accepted as true through life experience.
• Facts in encyclopedias or dictionaries can be subject to judicial notice if universally known.

Timing of Discretionary Judicial Notice

• Can be taken during trial, before judgment, or on appeal.
• Parties must be heard on the court's intention to take notice.

Judicial Admissions

• Judicial Admission: Admission made in the course of proceedings that doesn't require proof.
• Elements of Judicial Admissions:
  1. Made by a party or counsel.
  2. Occurs in the same case's proceedings.
  3. Can be verbal or written; no specific form required.

Comparison: Judicial Admissions vs. Extrajudicial Admissions

• Judicial Admission:
  • Does not require proof.
  • Conclusive on the matter.
  • Admissible even if self-serving.
  • Subject to cross-examination.
• Extrajudicial Admission:
  • Requires formal offer of evidence to be considered.
  • Rebuttable; can be contradicted.
  • Not admissible if self-serving.

Remedies for Erroneous Judicial Admissions

1. File a motion to withdraw written admissions.
2. Move for exclusion of oral admissions.

Admissions in Pleadings

• Facts in pleadings are admissions binding on that party.
• Hypothetical admissions (e.g., motions to dismiss) do not bind the party.
• Withdrawn or amended pleadings become extrajudicial admissions.

Admissions Not Filed with the Court

• Signed by the party: treated as extrajudicial admission.
• Signed by counsel: not admissible unless in court.

Self-Serving Evidence

• Prohibition applies only to extrajudicial admissions; open court declarations are admissible.

Contradicting Judicial Admissions

• Possible by showing:
  • Palpable mistake.
  • No such admission was made.
  • To prevent manifest injustice.

Judicial Notice of Foreign Laws

• Generally must be proven unless well-known or previously ruled upon.
• Municipal trial courts must take notice of local ordinances; higher courts may take notice when authorized.

Conclusion

• Summary of judicial notice and admissions in legal proceedings.
• Importance of understanding the distinctions and implications in court.