Rule 129 Yes, because it is passed within their territorial
jurisdiction.
Manifesta Non Indigent Provatione
(What is known need not be proved) 10. Is the MTC Branch 1 & 2 of Pasay Mandatorily
required to take JN of the Municipal Ordinance
1. What is JN? passed in Manila?
It is the cognizance of certain facts which the judges No, because they are outside their territorial
may properly take and act w/o proof because they jurisdiction.
already know them
11. Is the RTC of Pasay mandatorily required to take JN
2. What is that principle that could determine of the Municipal Ordinance in Manila?
whether the court may take Judicial Notice of a No, it is outside their territorial jurisdiction.
certain fact? Therefore, the parties must present witness or
Principle of Notoriety witnesses to prove the existence of such Municipal
Ordinance; meaning, there is a need to present
3. What is the Principle of Notoriety? evidence; evidence is not displaced.
What is commonly known in the community need
not be proved. 12. Is the CA mandatorily required to take JN of the
Municipal Ordinances in the Philippines?
4. What is the function of Judicial Notice? What Yes, because the CA has a Nationwide Jurisdiction.
benefit could the party get from JN?
The party would no longer present evidence to 13. If the judge of Br. 2 would make a decision, can he
prove a certain fact. take JN of the records of the case before it? Yes.
Eg: The Sun rises in the East
14. If the judge of Branch 1 would make a decision,
5. What are the 2 kinds of Judicial Notice? can he take JN of the records of the case pending
a. Mandatory hearing is no longer required in Branch 2? No.
Eg: Section 1, Rule 129
b. Discretionary hearing may be required 15. If Judge A is about to make a decision in Case No.
Eg: Section 2, Rule 129 1234, can he take JN of the records of a pending
case within his sala? No.
6. When PNOY announced that Mar Roxas is the
standard bearer of the Liberal Party in the 16. Judge A of Branch 1 will render a decision;
upcoming 2016 Elections, can the court take JN of previously in Case No. 001 Judge A already
such fact? rendered a decision. Can Judge A take JN of the
No, there should be a sufficient lapse of time before decision made in a prior case for deciding a
it could be considered a Political History. Courts present case?
cannot take JN of such fact Yes, because the prior decision is made by the
Judge himself. Unlike in court records which are
7. Is No. 6 an official act of the President? presented by the litigants.
No, it is a private act since it was made by him as
the leader of the Liberal Party 17. What is Section 3?
Judicial Notice, when hearing necessary.
8. Is JN the same as Judicial Knowledge? During the trial, the court, on its own initiative, or on
No. JN is that which the public knows; while, Judicial request of a party, may announce its intention to take
Knowledge is only the personal knowledge of the judicial notice of any matter and allow the parties to be
Judge. heard thereon.
After the trial, and before judgment or on appeal,
the proper court, on its own initiative or on request of a
9. Is the MTC of Pasay, Branch 2 mandatorily party, may take judicial notice of any matter and allow
required to take JN of Municipal Laws and the parties to be heard thereon if such matter is decisive
Ordinances in their City? of a material issue in the case.
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababad
18. If the Judge announces to the public and the party the counsel signed and not the accused. Can this
litigants I will take JN of this particular matter be considered as a JA?
hence; a hearing will be conducted on February 20, Yes, the client is bound by the admission made by
2015. Is the conduct of the hearing on February his counsel. That partakes the nature of a JN.
20, 2015, for the purpose of determining the XPN: Pre-trial Agreement, such is not binding.
propriety of having a JN or for purposes of
determining the issues to be tackled on the 25. What is the Hypothetical Admission Rule?
matters of JN? Is the hearing for the purposes of I filed a complaint and the adverse party files a
determining WON it is proper for the judge to take motion to dismiss If my opponent files a Motion
a hearing for a particular fact or for purposes of to Dismiss, he is hypothetically admits the
proving such particular fact? allegations in the complaint.
The purpose of that hearing is to determine WON it You are admitting the grounds in the complaint only
is a proper or not subject matter of JN. You are no for you to be able to anchor your grounds for your
longer needed to determine WON the facts in issue Motion to Dismiss. But if the Motion to Dismiss is
are valid and constitutional. denied, there is no longer an admission.
19. What do you mean by Judicial Admission? 26. What is this Implied Admission Rule?
An admission, verbal or written, made by the party When an action or defense is founded upon a
in the course of the proceedings in the same case, written instrument, copied in or attached to the
does not require proof. The admission may be corresponding pleading as provided in the
contradicted only by showing that it was made preceding section, the genuineness and due
through palpable mistake or that no such admission execution of the instrument shall be deemed
was made. (Section 4, Rule 129) admitted unless the adverse party, under oath,
specifically denies them, and sets forth what he
20. What is the effect of Judicial Admission? claims to be the facts; but the requirement of an
It displaces evidence; no need to prove by evidence. oath does not apply when the adverse party does
not appear to be a party to the instrument or when
21. Are all Judicial Admissions conclusive? compliance with an order for an inspection of the
Yes, because a fact admitted need not be proved. original instrument is refused. (Sec. 8, Rule 8, ROC)
22. What are the exceptions to the conclusiveness of Note: An answer that is not verified partake the
Judicial Admissions? nature of an Implied Admission. Verification is only
a. Admission was made through palpable mistake needed in an actionable document wherein you are
b. No such admission was made (i.e. cited out of a party thereto, you are a signatory.
context)
c. In civil cases in pre-trial, if it results in 27. 5 Effects of an Implied Admission
manifest injustice a. The party whose signature it bears admits that
d. In criminal cases when the pre-trial he signs it
agreement is not signed by the lawyer and party b. That it was signed by another for him with his
authority (midterm question)
23. An original complaint that has been amended; are c. That at the time it was signed it was in words
the contents of the original complaint a Judicial and figures exactly as set out in the pleading of
Admission? the party relying upon it
No, it is considered as an Extra-Judicial Admission d. The document was delivered
and if you want the court to take this in evidence e. That the formal requisites of law seal,
you have to offer this as an Exhibit. The Amended acknowledgement or revenue stamp which it
Complaint need not be presented, because the lacks, are waived by him
Court can take JN of that.
28. Is there a need to introduce evidence where the
24. The accused filed a manifestation in court; such fact is a conclusive presumption or an agreed fact
manifestation contains Adverse Admissions, only in pre-trial agreements, or stipulation of facts duly
signed by the parties? No.
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababad
