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

Summary

The 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.