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Judicial Notice When Discretionary

supreme court of the philippines

Judicial Notice When Discretionary


When Discretionary
1. Matters of public knowledge
2. Matters capable of unquestionable demonstration
3. Matters which ought to be known to judges because of their
   judicial functions.

The mere personal knowledge of the judge is not the judicial knowledge
of the court.

Judicial cognizance is taken only of those matters which are commonly
known.

It is not essential that matters of judicial cognizance be actually
known to the judge if the subject is proper for judicial knowledge,
the judge may at his discretion, inform himself in any way which may
seem best to him, and act accordingly.

The doctrine of judicial notice rests on the wisdom and discretion of
the courts. The power to take judicial notice is to be exercised by
courts with caution, care must be taken that the requisite notoriety
exists and every reasonable doubt upon the subject should be promptly
resolved in the negative.

Foreign laws may not be taken judicial notice of and have to be proved
like any other fact EXCEPT where said laws are within the actual
knowledge of the court such as when they are well and generally known
or they have been actually ruled upon in other cases before it and
none of the parties claim otherwise.

To prove a written foreign law, the requirements must be complied
with, that is, by an official publication or by a duly attested and
authenticated copy thereof.

Doctrine of Processual Presumption
Absent any of the evidence or admission, the foreign law is presumed
to be the same as that in the Philippines.

Three instances when a Philippine court can take judicial notice of 
a foreign law are:
1. When the Philippine courts are evidently familiar with the
   foreign law
2. When the foreign law refers to the law of nations
   (Sec.1 of Rule 129)
3. When it refers to a published treatise, periodical or pamphlet
   on the subject of law if the court takes judicial notice of the
   fact that the writer thereof is recognized in his profession or
   calling on the subject. (Sec.46,Rule 130)

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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