Rule 129; What Need Not Be Proved; REVISED RULES ON EVIDENCE [AUDIO CODAL]

Mister Criminology

5 Nov 201802:04

Summary

TLDRThe video script discusses Rule 129 of the Rules of Court, focusing on judicial notice. It explains mandatory judicial notice, which courts must take without evidence, covering state existence, political history, and international law. Discretionary judicial notice is also mentioned, allowing courts to acknowledge matters of public knowledge or those demonstrably clear. The script further details the process for taking judicial notice during trials and appeals, including the opportunity for parties to be heard. Lastly, it touches on judicial admissions, stating that a party's verbal or written admission in the proceedings does not require proof and can only be contradicted under specific conditions.

Takeaways

📜 Judicial Notice: Courts can take notice of certain facts without the need for evidence, including the existence and territorial extent of states, their political history, forms of government, and symbols of nationality.
🌐 International Law: The script mentions the law of nations and the Admiralty and maritime courts of the world, emphasizing the recognition of international legal standards and practices.
🇵🇭 Philippine Context: The script specifically refers to the political constitution, history, and official acts of the Philippines, indicating the importance of local context in judicial proceedings.
🕒 Time and Nature: The laws of nature and the measure of time are recognized as facts that courts can take judicial notice of, reflecting the universal and immutable aspects of reality.
🌍 Geographical Divisions: Courts are instructed to take judicial notice of geographical divisions, which may be relevant in cases involving territorial disputes or jurisdiction.
📚 Discretionary Notice: Courts have the discretion to take notice of matters that are public knowledge or can be unquestionably demonstrated, expanding the scope of facts that can be acknowledged without evidence.
🔍 Hearings on Notice: The court may announce its intention to take judicial notice of a matter and allow parties to be heard on it during the trial, ensuring fairness and transparency.
📖 Post-Trial Notice: After the trial and before judgment, or on appeal, the court may take judicial notice of matters that are decisive of a material issue, allowing for a comprehensive review of the case.
🗣️ Judicial Admissions: Parties in a case are not required to provide proof for admissions made verbally or in writing during the proceedings, simplifying the process and streamlining evidence presentation.
🚫 Contradicting Admissions: An admission can only be contradicted by showing it was made through a palpable mistake or that no such admission was actually made, setting a high bar for challenging admissions.
📝 Importance of Accuracy: The script underscores the importance of accuracy in judicial proceedings, with mechanisms in place to ensure that admissions and facts are correctly acknowledged and challenged.

Q & A

What is the main subject of the provided transcript?
-The main subject of the transcript is the concept of judicial notice, including when it is mandatory, discretionary, and the procedures involved in taking judicial notice during a trial or on appeal.
What does a court take judicial notice of without the introduction of evidence?
-A court takes judicial notice of the existence and territorial extent of states, their political history, forms of government, symbols of nationality, the law of nations, the Admiralty and maritime courts of the world in their seals, the political Constitution and history of the Philippines, and the official acts of legislative, executive, and judicial departments of the Philippines, among other things.
What are the matters that a court may take judicial notice of at its discretion?
-A court may take judicial notice of matters that are of public knowledge, are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions.
What is the purpose of taking judicial notice during a trial?
-The purpose of taking judicial notice during a trial is to acknowledge certain facts or matters that are either well-known or indisputable, thus avoiding the need for formal evidence and streamlining the judicial process.
When can a court announce its intention to take judicial notice of any matter?
-A court can announce its intention to take judicial notice of any matter during the trial, either on its own initiative or on the request of a party, and allow the parties to be heard on the matter.
What happens after the trial and before judgment or on appeal regarding judicial notice?
-After the trial and before judgment or on appeal, the proper court may take judicial notice of any matter on its own initiative or on the request of a party and allow the parties to be heard on the matter, especially if it is decisive of a material issue in the case.
What is considered a judicial admission in the context of the transcript?
-A judicial admission is a verbal or written admission made by a party in the course of the proceedings in the same case, which does not require proof.
Under what circumstances can a judicial admission be contradicted?
-A judicial admission can be contradicted by showing that it was made through palpable mistake or that no such admission was made.
What is the significance of the law of nations and the Admiralty and maritime courts in the context of judicial notice?
-The significance of the law of nations and the Admiralty and maritime courts in the context of judicial notice is that they are considered well-known and indisputable entities whose existence and function are recognized by the court without the need for evidence.
How does the concept of judicial notice relate to the laws of nature and the measure of time?
-The concept of judicial notice relates to the laws of nature and the measure of time in that these are fundamental and universally recognized phenomena that a court will acknowledge without requiring additional evidence.
What is the role of geographical divisions in the context of judicial notice?
-Geographical divisions are taken into judicial notice as they represent established and well-known boundaries and regions that are commonly understood and do not require proof in a court of law.

Outlines

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📜 Judicial Notice and Admissions in Legal Proceedings

This paragraph discusses the concept of judicial notice, which is the power of a court to accept certain facts as true without the need for evidence. It distinguishes between mandatory judicial notice, where the court must recognize facts such as the existence of states, their political history, and the law of nations, and discretionary judicial notice, where the court may acknowledge matters of public knowledge or those that can be easily demonstrated. The paragraph also covers the process for taking judicial notice during a trial and post-trial, allowing parties to be heard on the matter. Additionally, it addresses judicial admissions, which are statements made by a party during the proceedings that do not require proof and can only be contradicted under specific conditions, such as a palpable mistake or if the admission was not made.

Mindmap

Keywords

💡Judicial Notice

Judicial notice refers to the power of a court to acknowledge and accept certain facts or matters as true without the need for formal proof. In the context of the video, it is divided into mandatory and discretionary categories. Mandatory judicial notice requires the court to recognize certain established facts without evidence, such as the existence of states and their political history. Discretionary judicial notice allows the court to acknowledge matters that are well-known or can be easily demonstrated, such as scientific facts or historical events.

💡Mandatory

In the video, 'mandatory' is used to describe the type of judicial notice that a court must take without the introduction of evidence. This includes recognizing the existence and territorial extent of states, their political history, forms of government, and other established facts. It is mandatory for the court to acknowledge these as they are universally accepted and do not require proof.

💡Discretionary

The term 'discretionary' in the video script refers to the court's ability to choose whether to take judicial notice of certain matters. This is not mandatory and is based on whether the matter is of public knowledge, capable of unquestionable demonstration, or should be known to judges due to their role. It provides the court with flexibility in recognizing facts that may not be universally accepted but are relevant to the case.

💡Political Constitution

The 'political Constitution' mentioned in the video refers to the fundamental principles and established laws that govern a state or nation. It outlines the structure of the government, the powers and functions of its branches, and the rights of its citizens. In the context of the video, the court takes judicial notice of the political Constitution of the Philippines, acknowledging its importance in the legal framework.

💡Legislative, Executive, and Judicial Departments

These terms represent the three branches of government as outlined in many political Constitutions, including that of the Philippines. 'Legislative' refers to the law-making body, 'executive' to the branch responsible for enforcing laws, and 'judicial' to the courts that interpret and apply the law. The video script indicates that a court takes judicial notice of the official acts of these departments, recognizing their roles in the governance and legal system.

💡Laws of Nature

The 'laws of nature' in the video script refer to the fundamental principles and processes that govern the natural world, such as the laws of physics, chemistry, and biology. These are taken as universally true and do not require evidence for their existence or operation. The court takes judicial notice of these laws as they are foundational to scientific understanding and are often relevant in legal cases.

💡Measure of Time

'Measure of time' in the video script refers to the standardized units and systems used to quantify the passage of time, such as seconds, minutes, hours, and days. These are taken as a given and do not require proof in a court of law. The court takes judicial notice of the measure of time as it is essential for understanding temporal aspects of legal cases.

💡Geographical Divisions

The term 'geographical divisions' in the video script refers to the various political and administrative divisions of land, such as countries, states, provinces, and cities. These divisions are recognized by the court without the need for evidence, as they are established facts that form part of the legal and political landscape.

💡Admission

In the context of the video, 'admission' refers to a statement made by a party during legal proceedings that acknowledges or concedes a fact or point. Such admissions do not require proof and are binding unless shown to have been made through a palpable mistake or if it can be demonstrated that no such admission was actually made.

💡Palpable Mistake

'Palpable mistake' in the video script is used to describe a clear and obvious error made by a party when making an admission. If a party can demonstrate that their admission was due to such a mistake, it can be contradicted and not held against them in court proceedings.

💡Judicial Functions

The term 'judicial functions' refers to the duties and responsibilities of judges in the legal system. This includes interpreting and applying the law, making decisions in cases, and ensuring justice is served. The video script mentions that judges should be aware of certain matters due to their judicial functions, indicating the importance of their role in taking judicial notice of relevant facts.

Highlights

Judicial notice is mandatory for certain facts without the need for evidence, such as the existence and territorial extent of states.

Courts must acknowledge the political history, forms of government, and symbols of nationality of states.

The law of nations and the seals of the Admiralty and maritime courts are subject to mandatory judicial notice.

The political Constitution and history of the Philippines are recognized through judicial notice.

Official acts of the legislative, executive, and judicial departments of the Philippines are taken into judicial notice.

Laws of nature and the measure of time are among the facts that courts are required to take judicial notice of.

Geographical divisions are also considered for mandatory judicial notice by courts.

Discretionary judicial notice can be taken for matters of public knowledge or those capable of unquestionable demonstration.

Judges may take judicial notice of matters they should be aware of due to their functions.

During the trial, the court can announce its intention to take judicial notice and allow parties to be heard on the matter.

After the trial and before judgment, or on appeal, the court can take judicial notice of decisive matters and hear parties.

Judicial admissions made by a party during the proceedings do not require proof.

An admission can only be contradicted if it was made through a palpable mistake or if no such admission was made.

The court has the initiative to take judicial notice or can do so upon a party's request.

Judicial notice can be used to establish facts that are not subject to reasonable dispute.

The court's recognition of certain matters as judicially noticeable can streamline the trial process.

The process of taking judicial notice is designed to ensure efficiency and accuracy in the adjudication of cases.

Judicial notice facilitates the acknowledgment of universally accepted facts, reducing the need for extensive evidence.

The rules provide a framework for when and how courts should take judicial notice, ensuring procedural fairness.

Judicial admissions are a key aspect of evidence law, allowing for the acceptance of certain statements without further proof.