Rule 129 What need not be proved

GENERAL RULE:
Matters that need not be proved (JAPAKI)
1. Facts that are subject to JUDICIAL NOTICE (Note: Judicial Notice
prevail over stipulations and admissions of the parties or their
counsel.
2. Facts which are ADMITTED or those NOT DENIED (provided that
they have been sufficiently alleged. (Sec. 1, Rule 8)
3. Facts which are LEGALLY PRESUMED (Rule 131)
4. Subject of an AGREED statement of facts between the parties
and those admitted in the course of the proceedings
5. Facts within the KNOWLEDGE of the opposite party
6. Allegations which are IMMATERIAL to the issues
JUDICIAL NOTICE:
1. DEFINITION: It is the cognizance of certain facts which judges may
properly take and act on without proof because they already know
them.
2. PURPOSE: Save time, labor and expense in securing and introducing
evidence on matters which are NOT ordinarily capable of dispute and
those not disputed.
3. SCOPE: Not confined to courts of record, also applicable to BOARDs and
SPECIAL TRIBUNALS
4. EFFECT: Relives the parties from the necessity of introducing evidence
to prove the fact.
5. MATERIAL REQUISITES (GR No. 177809, 2009):
1. Matter must be one of common and general knowledge
2. It must be well and authoritatively settled and not doubtful or
uncertain
3. Known to be within the limits of the jurisdiction of the court
6. KINDS OF JUDICIAL NOTICE:
Mandatory Judicial
Discretionary Judicial
Notice (SEC 1)
Notice (SEC 2)
Obligation
of Court is compelled to Court is not compelled
courts to take take judicial notice
to take judicial notice
judicial notice
Whom initiative Takes place at courts May be at courts own
falls
own initiative
initiative or on request
of a party
Necessity
of No hearing
Needs
hearing
and
prior
hearing
presentation
of
and evidence
evidence

1. Mandatory (Sec 1)
a. Existence and territorial extent of states
b. Political history, forms of government and symbols of
nationality
c. Law of Nations compilation of rules which by common
consent of mankind have been acquiesced in as law. The PH
constitution states that the PH adopted as the generally
accepted principle of the international law as part of the law
of the land.
RULE ON FOREIGN LAWS
General Rule Foreign laws do not prove themselves nor can
a court take judicial notice of them. THEY MUST BE ALLEGED
AND PROVED.
Exceptions:
1. Foreign statute accepted by the government
republic vs guanzon, Gr no l-22374, 1974
2. Common law
3. Foreign law is part of published treatise, periodical
or pamphlet and the writer is recognized in his
profession or calling as expert in the subject, the
court (sec 46, rule 130)
4. Foreign law which is generally well known
5. Stipulation by the parties (parties are considered
to be in estoppel)
Doctrine of Processual Presumption
When a foreign law is NOT pleaded or even if pleaded, is
not proved, the presumption is that foreign law is the same as
ours.
d. Admiralty and maritime courts of the world and their
seals
e. Political constitution and history of the Philippines
f. Official acts of the legislative (when Congress begins and
closes its session,number, function and privileges of members
and Joint resolutions of a public nature) , executive
(organization, its principal offices elected and appointed) and
judicial departments (refer to judicial notice of SC on
its previous cases, but not those of other courts of
justice in PH)
g. Laws of Nature (gravity, flow of tides, day and night)
h. Measure of time (division of year to months, weeks and days)
i. Geographical divisions (a certain barrio is within a certain
municipality)

2. Discretionary (Sec 2)
a. Matters which are PUBLIC knowledge. (ex. Fact of existence of
lakes and rivers within a territory they have jurisdiction over,
Practices of banks and other financial institutions)
b. Matters CAPABLE of unquestionable DEMONSTRATION (ex.
Facts theories and concessions of natural sciences,
phenomena, technology and georgraphy, etc)
c. Matters ought to be known to judges because of their
JUDICIAL Functions
Judges Personal Knowledge vs Judicial Notice
The mere personal knowledge of the judge is not the
judicial knowledge of the the court, and he is NOT authorized
to make his individual knowledge of such fact, not generally or
professionally known, as basis of his action. Only those that
are COMMONLY known.
RECORDS OF ANOTHER CASE PREVIOUSLY TRIED:
GENERAL RULE: Courts are NOT authorized to take
judicial notice of the contents of other cases, even when
such cases have been tried or are pending in the same
court and pending before the same judge (People vs
Hernandez, GR. 108028, 1996)
Except:
1. On initiative of judge or parties without objection
and records are read, adopted admitted or
attached to the records of the present action by
court order. (clearly withdrawn from the archive
and made part of a pending case.
2. Public Interest and are of paramount importance
3. Action is closely interrelated or interwoven to
another case pending between the parties
4. When the case is Res judicata.
Appellate courts:
a. CA cannot consult records of other cases to
ascertain facts not shown in records of the
case
b. CA is without authority to take judicial
notice of the records of a case previously
decided by a trial court which such court did
not have opportunity to pass.
c. Lower courts, including the CA must take
judicial notice of decisions of the SC.

d. SC can take judicial notice of its record in a

previous case in connection with the
conduct of the litigant or witness in a similar
matter
JUDICIAL NOTICE MUST COMPLY with Test of Notoriety
(famous or well known
or widely known)
The principal guide in determining what facts may be assumed to
be judicially know is that of notoriety. Hence it can be said that
judicial notice is limited to facts evidenced by public records and
facts of general notoriety (AM No. RTJ-92-876, September 19,
1994) And all reasonable doubt upon the subject should be
promptly resolved in the negative.
Common Knowledge includes those that flow from ordinary
experiences in life, those generally accepted by mankind as true
and facts universally known (and may be found in encyclopedias,
dictionaries and other public documents and are of universal
notoriety)
Belief are not included as they are not universal and
controlling.