Rule 129: What Doesn't Need Proof

There are 2 judicial matters that don't need to be proven in court: judicial notice and judicial admissions. 

Judicial Notice

Judicial notice consists of matters which take the place of proof and need no evidence in order to be admitted in court. It is subdivided into those matters which are mandatory, discretionary or when hearing is necessary. The purpose of judicial notice is to shorten litigation by admitting matters that don't need evidence. The lists below are exclusive and can't be altered by just anybody:

1.) Mandatory Notice

Courts must take notice of the following without calling for evidence:


1.) Existence and territorial extent of states, their political history, forms of government and national symbols
2.) International law (not foreign laws -requires proof)
3.) The courts of admiralty and maritime courts of the world and their seals
4.) Political constitution and history of the Philippines
5.) The official acts of the executive, legislative and judicial departments of the Philippines (the RTC can take notice municipal ordinances within their jurisdiction but only when required by law or if the case is appealed to them from the lower courts)
6.) Laws of nature
7.) Measure of time
8.) Geographical divisions


2.) Discretionary Notice


Courts may (or may not) take notice of the following:


1.) Matters of public knowledge
2.) Matters capable of unquestionable demonstration (ex. ice melts in the heat)
3.) Those which the judge ought to know because of their judicial function


3.) Hearing Necessary


The court can announce that it will take notice of any matter and allow the parties to be heard:


1.) Before trial -on its own or on a party's request
2.) After trial and before judgment or on appeal -on its own initiative or on a party's request and if the mater is decisive or a material issue in the case



In view of this, evidence not offered therefore won't be taken notice of. If a foreign law can't be proven, the court will assume that the foreign law is the same as the local law. Local customs may or may not be taken notice of.


There is also a curious thing with regard to records of other cases, including ones in the same court: the court will not take notice of them! The exception is if the other party knows and doesn't object.


Judicial Admission


A judicial admission is an admission in court by any of the parties to the suit that may be oral or written. Once made, it no longer requires proof and can't be contradicted by the party that made it except in the following instances:


1.) If the party who made the admission can show that it was made through a palpable mistake
2.) If the party can show that it didn't make the admission (?)


For a valid admission, the following requirements must be met:


1.) Only a party to the case can make and admission
2.) The admission must be made within the course of the proceedings of the same case (admissions in another proceeding will not be admitted and will be considered extrajudicial -unless the other party doesn't object)
3.) Form is immaterial (may be verbal or written)


An admission therefore can be made during:


1.) Pleadings
2.) Motions
3.) Modes of discovery with request for admission, written interrogatories or depositions
4.) Stipulation of facts
5.) Statements made in the course of the trial


Admissions in drafted documents but not filed aren't considered admissions. If signed but still not filed, they're considered extrajudicial. If signed by the lawyer, they're not considered admissions; only if made in court will they be considered admissions. If a party makes a manifestation but doesn't sign it (but his lawyer does,) he isn't bound by it even if it is an admission.


If the complainant makes an allegation of usury to recover usurious interest, the defendant has to specifically deny it under oath or it will be an implied admission of allegations of usury (Rule 8, sec. 11.)


Failure to deny annexes will result in admissions.


Admissions in amended and superseded pleading are always considered superior to their predecessors. Admissions is dismissed pleadings are considered extrajudicial. Qualified admissions aren't definite and are considered extrajudicial, too.


There is also such a thing as an adoptive admission. This happens when one person manifests his assent to the statements of another person. It will be received in evidence if it can be shown that the party who assented to the statements adopted them as his own. A third person's statement can therefore become a party's admission if that party espouses it.The following are instances of adoptive admissions from Republic vs. Kenrick, GR 149576, August 8, 2006:


1.) If the party expressly agrees or concurs to another party's oral statements
2.) If he hears a statement and essentially repeats it later on
3.) If he utters an acceptance or builds upon another's assertions
4.) If he rebuts some specific points another raises but ignores the other points
5.) If he reads and signs a statement written by another


In all cases, failure to object will be considered an admission and the party who should object is considered to have waived his right to object.