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Rule 129: What Need To Be Proved

Rule 129 outlines the principles for what must be proved in court. It states that (1) each party must prove their own allegations with evidence like documents or witness testimony, and the court only considers evidence presented at trial. It also states that (2) a party cannot prove something they did not allege, and (3) there are certain matters like facts subject to judicial notice that a party does not need to present evidence for. The rule discusses mandatory judicial notice the court must take, like facts about foreign states, laws of nature, and measures of time. It also discusses discretionary judicial notice the court may take, like matters of public knowledge.

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67 views

Rule 129: What Need To Be Proved

Rule 129 outlines the principles for what must be proved in court. It states that (1) each party must prove their own allegations with evidence like documents or witness testimony, and the court only considers evidence presented at trial. It also states that (2) a party cannot prove something they did not allege, and (3) there are certain matters like facts subject to judicial notice that a party does not need to present evidence for. The rule discusses mandatory judicial notice the court must take, like facts about foreign states, laws of nature, and measures of time. It also discusses discretionary judicial notice the court may take, like matters of public knowledge.

Uploaded by

tricia ona
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Rule 129

What Need to be Proved


I. INTRODUCTION. Principles on the correlation
between allegations, proof, and favorable judgment
• A. Each Party Must Prove His Own Allegation. Allegations in pleadings do
not prove themselves. No party wins by having the most allegations, or that
the allegation of causes of actions or defenses are crafted in the strongest and
most persuasive language. All allegations remain but as allegations or
propositions. Hence every party to a case, who desires that a favorable
judgment be rendered in his favor, must present evidence to support his
claim, cause of action or defense be it in the form of object evidence,
documents, or testimonies of witnesses.
I.
• Likewise, the court limits itself to only such evidence as were properly
presented and admitted during the trial and does not consider matters or facts
outside the court
I.
• B. A Party Can Not Prove What He Did Not Allege (Non Alegata Non Proba).
A party however is not authorized to introduce evidence on matters which he
never alleged. Hence plaintiff will not be permitted to prove a cause of action
which is not stated in his complaint, and the defendant will not be permitted to
prove a defense which he never raised in his Answer. In criminal cases, the
Prosecution is not permitted to prove a crime not described in the Information
or to prove any aggravating circumstance not alleged in the Information.
C. But a party may be relieved from presenting
evidence on certain matters, such as on the following:
• 1. Matters or facts subject of judicial notice
• 2. Matters or facts subject of judicial admission
• 3. Matters or facts which are legally presumed
• 4. Matters or facts stipulated upon
• 5. Matters or facts which are exclusively within the knowledge of the opposing
party
• 6. Matters or facts which are irrelevant .
• 7. Matters or facts in the nature of negative allegations subject to certain
exceptions
JUDICIAL NOTICE
• Section 1. Matters the taking notice of which is mandatory.
• INTRODUCTION: If a fact falls under any of the matters enumerated, then
the court may not compel a party to present evidence thereon and necessarily,
it may not decide against the party for the latter’s failure to present evidence
on the matter. The enumeration is exclusive.
• I. As to Foreign States: their existence and territorial extent; forms of government
( monarchial, presidential, parliamentary, royalty), symbols of nationality ( flag, national
costume, anthem).

• A. Limitation: However the recognition of a foreign state or government is subject to the


decision of the political leadership

• II. The Law of Nations: the body of principles, usages, customs and unwritten precepts
observed by, and which governs, the relations between and among states.
Mandatory Judicial Notice
• III. The Admiralty and Maritime Jurisdiction of the World and their Seals

• IV. The Philippine as a state


• A. Its constitution and political history: the political set up of the government
• B. The official acts of the legislature, executive and judicial departments
Mandatory Judicial Notice
• V. The Laws of Nature: Examples:
• 1. laws relating to science which are so well known such as that the DNA of
each person being distinct, or blood groupings as proof of filiation; or of
finger prints and dententures being distinct and dissimilar from one person to
another.
• VI. Measures of Time: into seconds, minutes, days, weeks months and years
• VII. Geographical Division of the World such as the number and location of
the continents, and the major oceans, the division into hemispheres;
longitudes and latitudes
Discretionary Judicial Notice
• Section 2. Matters the taking of which is discretionary.

• I. This section authorizes a court to take judicial notice of certain matters in its
discretion. The matters fall into three groups: 1. Those which are of public
knowledge 2. Those which are capable of unquestionable demonstration and
3. Matters ought to be known to judges because of their judicial functions.
Discretionary
• II. First Group: Matters of Public Knowledge.
• A. These are matters the truth or existence of which are accepted by the public
without qualification, condition or contention.
• B. Requirements:
• 1. Notoriety of the Facts in that the facts are well and publicly known. The
existence should not be known only to a certain portion of the community
• 2. The matter must be well and authoritatively settled and not doubtful or
uncertain
Discretionary Judicial Notice
• 3. The matter must be within the limits of the territorial jurisdiction of the
court
• C. Examples:
• 1. The existence and location of hospitals, public buildings, plazas and
markets, schools and universities, main thoroughfares, parks, rivers and lakes

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