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    Rule 129

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    Wau Ncr Owwa
    The document discusses the rules regarding judicial notice in court proceedings. It defines judicial notice as facts that are known and need not be proven. There are two types of judicial notice - mandatory, which the court must take, and discretionary, which the court may take. Examples of mandatory judicial notice include laws of nature and official government acts. Discretionary judicial notice includes matters of public knowledge. The document also outlines the circumstances where a hearing is required before the court takes judicial notice, such as when a judicially noticed fact could be decisive to the case.

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    Rule 129

    Uploaded by

    Wau Ncr Owwa
    107 views2 pages
    The document discusses the rules regarding judicial notice in court proceedings. It defines judicial notice as facts that are known and need not be proven. There are two types of judicial notice - mandatory, which the court must take, and discretionary, which the court may take. Examples of mandatory judicial notice include laws of nature and official government acts. Discretionary judicial notice includes matters of public knowledge. The document also outlines the circumstances where a hearing is required before the court takes judicial notice, such as when a judicially noticed fact could be decisive to the case.

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    RULE 129

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    The document discusses the rules regarding judicial notice in court proceedings. It defines judicial notice as facts that are known and need not be proven. There are two types of judicial notice - mandatory, which the court must take, and discretionary, which the court may take. Examples of mandatory judicial notice include laws of nature and official government acts. Discretionary judicial notice includes matters of public knowledge. The document also outlines the circumstances where a hearing is required before the court takes judicial notice, such as when a judicially noticed fact could be decisive to the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    107 views2 pages

    Rule 129

    Uploaded by

    Wau Ncr Owwa
    The document discusses the rules regarding judicial notice in court proceedings. It defines judicial notice as facts that are known and need not be proven. There are two types of judicial notice - mandatory, which the court must take, and discretionary, which the court may take. Examples of mandatory judicial notice include laws of nature and official government acts. Discretionary judicial notice includes matters of public knowledge. The document also outlines the circumstances where a hearing is required before the court takes judicial notice, such as when a judicially noticed fact could be decisive to the case.

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    © All Rights Reserved
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    RULE 129 - WHAT NEED NOT BE PROVEN

    Judicial Notice
     Definition:
    It is defined as what is known need not be proved”. Hence, the Court will take such fact
    even without need for evidence such knowledge is already known by well-informed persons.
     Purposes:
    It’s purposes are to take such knowledge as a proof and to abbreviate the proceedings.
     Requisites:
    1. Must be a matter of general or common knowledge
    2. Must be well and authoritatively settled and uncertain
    3. Must be known within the limits of the jurisdiction of the court

     Rationale:
    The principle of Judicial Notice is first for Convenience (Parties will be relieved to present
    such proof) and second is for Expediency (Trial will be more speedy).

    Doctrine of Judicial Notice


     The Doctrine provides that the exercise of Judicial Notice rests on the wisdom and discretion of
    the courts and must be exercised with caution.

    2 Kinds of Judicial Notice


     Mandatory
    Section 1, Rule 129 of the Rules of Court provides for the definition of a Mandatory
    Judicial Notice. The following SHALL be taken by court even without the introduction of
    evidence:
    1. Existence and Territorial Extent of States
    2. Their Political History
    3. Forms of Government and Symbols of Nationality
    4. Law of Nations
    5. Admirality and Maritime Courts of the world and their seals
    6. Political Constitution and History of the Philippines
    7. Official Acts of Legislative, Executive and Judicial Department of the Philippines
    8. Laws of Nature
    9. Measures of Time
    10. Geographical Divisions

     Discretionary
    Section 2, Rule 129 of the Rules of Court provides for the definition of Discretionary
    ` Judicial Notice. The following MAY be taken by court even without the need for proof:
    1. Matters which are of public knowledge
    2. Matters which are capable to unquestionable demostration
    3. Matters which are ought to be known to Judges because of their Judicial Functions

    The court may take Judical Notice of foreign laws provided that the following
    requirements are met:
    1. The issue involved is one of fact and not of law
    2, The foreign Law must be proved like any other fact.

    Doctrine of Presumed-Identity Approach


     Also known as the Processual Presumption means that Foreign Law not pleaded or even if
    pleaded is not proved, the presumption is that foreign law is the same as ours.

    When is Hearing Necessary


     Section 3, Rule 129 of the Rules of Court provides that Hearing is necessary for the Court to take
    Judicial Notice in the following instances
    1. During 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.
    2. During Trial BUT Before Judgement – 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 IF such matter is decisive of a material issue in the case.

    Taking Judicial Notice of the Contents of Other Cases


     General Rule: Courts are not authorized to take Judicial Notice of the Contents of th Records of
    Other cases even when said cases have been tried or pending in the same court of before th
    same judgement.
     Exceptios:
    1. When the parties present them, absent any opposition
    2. When the Court, in its discretion, resolves to do so

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