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EVIDENCE: II. WHAT NEED NOT BE PROVED - Coggle Diagram

- - - - MANDATORY JUDICIAL NOTICE TAKEN OF:
        Rule 129 Section 1. Judicial notice, when mandatory. —
        A court shall take judicial notice, without the introduction of evidence, of
        
        STATES' EXISTENCE & TERRITORIAL EXTENT
        The existence and territorial extent of states,
        
        POLITICAL HISTORY OF SUCH STATES
        Their political history,
        
        FORMS OF GOV'T & SYMBOLS OF NATIONALITY
        Forms of government and symbols of nationality,
        
        LAW OF NATIONS
        The law of nations,
        
        ADMIRALTY & MARITIME COURTS OF THE WORLD AND THEIR SEALS
        The admiralty and maritime courts of the world and their seals,
        
        POLITICAL CONSTITUTION & HISTORY OF PH
        The political constitution and history of the Philippines,
        
        LEGISLATIVE, EXECUTIVE, AND JUDICIAL ACTS OF THE PH
        The official acts of legislative, executive and judicial departments of National Government of the Philippines,
        
        LAWS OF NATURE
        The laws of nature,
        
        MEASURE OF TIME
        The measure of time, and
        
        GEOGRAPHICAL DIVISIONS
        The geographical divisions. (1a)
        
        OFFICIAL ACT OF LEGISLATIVE:
        SENATE REPORT IS AN OFFICIAL ACT
        The Senate Report, an official act of the legislative department, may be taken judicial notice of.
        (CLT Realty Development Corp. v. Hi-Grade Feeds Corp)
        
        JURISPRUDENCE MUST BE GIVEN JUDICIAL NOTICE BY JUDGES
        The said decisions, more importantly, "form part of the legal system," and failure of any court to apply them shall constitute an abdication of its duty to resolve a dispute in accordance with law, and shall be a ground for administrative action against an inferior court magistrate.
        (Peralta v. Omelio)
        
        OTHERWISE, JUDGES MAY EVEN FACE ADMINISTRTATIVE SANCTIONS
        
        EXAMPLES OF THINGS NOT WITHIN
        JUDICIAL NOTICE
        
        GOCC's CONTRACTS ENTERED IN ITS PROPRIETARY FUNCTION IS NOT AN
        OFFICIAL ACT OF THE EXECUTIVE AND, THUS, NOT WITHIN JUDICIAL NOTICE
        ...Obviously, the PPA was only performing a proprietary function when it entered into a Management Contract with petitioner. As such, judicial notice cannot be applied.
        (Asian Terminals, Inc. v. Malayan Insurance Co., Inc)
        
        "CRIMINAL ACTIVITIES BECOMING DAILY FARES" IN PH SOCIETY IS NOT WITHIN (MANDATORY) JUDICIAL NOTICE
        Petitioner wants this Court to recognize the rights and interests of the residents of Sun Valley Subdivision but it miserably failed to establish the legal basis, such as its ownership of the subject roads, which entitles petitioner to the remedy prayed for. It even wants this Court to take "judicial knowledge that criminal activities such as robbery and kidnappings are becoming daily fares in Philippine society." 71 This is absurd. The Rules of Court provide which matters constitute judicial notice, to wit:
        The activities claimed by petitioner to be part of judicial knowledge are not found in the rule quoted above (Rule 129) and do not support its petition for injunctive relief in any way.
        ||| (New Sun Valley Homeowners' Association, Inc. v. Sangguniang Barangay, Brgy. Sunvalley, Parañaque City, G.R. No. 156686, [July 27, 2011], 670 PHIL 67-96)
        
        LOCAL ORDINANCES NOT WITHIN MANDATORY JUDICIAL NOTICE
        Local Ordinances are not required for mandatory judicial notice. Even where there is a statute that requires a court to take judicial notice of municipal ordinances, a court is not required to take judicial notice of ordinances that are not before it and to which it does not have access.
        
        FULL TEXT OF LOCAL ORDINANCES REQUIRED TO BRING IT WITHIN JN
        To remove any discretion a court might have in determining w/n to take notice of an ordinance But it does not direct the court to act on its own in obtaining evidence for the record and a party must make the ordinance available to the court for it to take notice. The party asking the court to take judicial notice is obligated to supply the court with the full text of the rules the party desires it to have notice of.
        
        EVEN WITH A STATUTE REQUIRING JN OF ORDINANCES, FULL TEXT IS REQUIRED
        Even where there is a statute that requires a court to take judicial notice of municipal ordinances, a court is not required to take judicial notice of ordinances that are not before it and to which it does not have access.
        The party asking the court to take judicial notice is obligated to supply the court with the full text of the rules the party desires it to have notice
        
        PRESIDENT'S CANCELLATION OF PROJECT WITH CHINA PRESIDENT IS AN OFFICIAL ACT OF THE EXECUTIVE DEPARTMENT
        Since we consider the act of cancellation by President Macapagal-Arroyo of the proposed ZTE- NBN Project during the meeting of October 2, 2007 with the Chinese President in China as an official act of the executive department, the Court must take judicial notice of such official act without need of evidence. (Suplico v. NEDA)
      - 2019 AMENDMENT
        NOTE: In the 2019 Amendments, "Of the National Government of the Philippines was added.
        What is the consequence?
  - - - REQUISITES OF JUDICIAL NOTICE (CAK)
        Generally speaking, matters of judicial notice have three material requisites:
        
        COMMON & GENERAL KNOWLEDGE
        The matter must be one of common and general knowledge;
        
        AUTHORITATIVELY SETTLED,
        NOT DOUBTFUL/UNCERTAIN
        It must be well and authoritatively settled and not doubtful or uncertain; and
        
        KNOWN TO BE WITHIN LIMITS OF
        COURT'S JURISDICTION
        It must be known to be within the limits of the jurisdiction of the court.
        
        (Spouses Latip v. Chua, G.R. No. 177809, [October 16, 2009], 619 PHIL 155-170)
        
        "COMMON KNOWLEDGE" =
        GENERALLY ORDINARY EXPERIENCE OR GENERALLY ACCEPTED AS TRUE
        Things of “common knowledge,” of which courts take judicial notice, may be matters coming to the knowledge of men generally in the course of the ordinary experiences of life, or they may be matters which are generally accepted by mankind as true and are capable of ready and unquestioned demonstration. (State Prosecutors v, Muro)
        
        RATIO: NOTORIETY IS GOOD
        The principal guide in determining what facts may be assumed to be judicially known is that of notoriety. Hence, it can be said that judicial notice is limited to facts evidenced by public records and facts of general notoriety.
        
        COMMON/GENERAL KNOWLEDGE GUIDELINES (CNR)
        The doctrine of judicial notice rests on the wisdom and discretion of the courts.
        
        CAUTION
        a. The power to take judicial notice is to be exercised by courts with caution;
        
        NOTORIETY
        b. Care must be taken that the requisite notoriety exists; and
        
        REASONABLE DOUBT SHOULD BE RESOLVED IN NEGATIVE
        c. Every reasonable doubt on the subject should be promptly resolved in the negative
        (State Prosecutors v, Muro)
        
        ATTACHING DOCUMENTARY EVIDENCE MAY BELIE NOTORIETY
        However, in this case, the requisite of notoriety is belied by the necessity of attaching documentary evidence, i.e., the Joint Affidavit of the stallholders, to Rosalie's appeal before the CA. In short, the alleged practice still had to be proven by Rosalie; contravening the title itself of Rule 129 of the Rules of Court — What need not be proved.
        (Spouses Omar v. Chua)
        
        FACTS ARE IN JUDICIAL NOTICE IF
        Moreover, a judicially noticed fact must be one not subject to a reasonable dispute in that it is either:
        
        GENERALLY KNOWN IN TERRITORIAL JURISDICTION OF COURT
        generally known within the territorial jurisdiction of the trial court; or
        
        DETERMINABLE THROUGH UNQUESTIONABLE SOURCES
        capable of accurate and ready determination by resorting to sources whose accuracy cannot reasonably be questionable.
        (Spouses Latip v. Chua, G.R. No. 177809, [October 16, 2009], 619 PHIL 155-170)
        
        EXAMPLES OF WITHIN DISCRETIONARY JN: (BREWARM)
        
        BAIL'S DECISIVE CIRCUMSTANCES
        There may be circumstances decisive of the issue of bail — whose existence is either admitted by the Prosecution, or is properly the subject of judicial notice — that the courts can already consider in resolving the application for bail without awaiting the trial to finish.(Enrile v. SB)
        
        RAPE IS NOT ALWAYS IN SECLUDED AREAS
        It can be considered of public knowledge and judicially noticed that the scene of the rape
        is not always nor necessarily isolated or secluded (People v. Tundag)
        
        ENCYCLOPEDIAS, DICTIONARIES, OR OTHER PUBLICATION'S FACTS
        Facts which are universally known, and which may be found in encyclopedias, dictionaries or other publications, are judicially noticed, provided they are of such universal notoriety and so generally understood that they may be regarded as forming part of the common knowledge of every person. (Spouses Latip v. Chua)
        
        WIDELY KNOWN & EXTENSIVELY COVERED BY MEDIA
        That the Oakwood incident was widely known and extensively covered by the media made it a proper subject of judicial notice. Thus, the COMELEC did not commit grave abuse of discretion when it treated these facts as public knowledge, 35 and took cognizance thereof without requiring the introduction and reception of evidence thereon. (Magdalo Para Sa Pagbabago v. Commission on Elections)
        
        ASSESSED VALUE OF PROPERTY
        The Court may take judicial notice of the assessed value of property. (Bangko Sentral ng Pilipinas v. Legaspi)
        
        RECORD OF COURT PROCEEDINGS
        As to matters which ought to be known to judges because of their judicial functions, an example would be facts which are ascertainable from the record of court proceedings.
        
        MUNICIPAL COURTS -> ORDINANCE OF ITS MUNICIPALITY
        a. LIMITED TO WHAT THE LAW IS AND WHAT IT STATES
        Municipal courts may take judicial notice of the municipal ordinances in force in the municipality in which they sit.
        
        EXAMPLES OF NOT WITHIN DISCRETIONARY JN (MWWPPFFN)
        
        MERE PERSONAL KNOWLEDGE OF JUDGE
        The mere personal knowledge of the judge is not the judicial knowledge of the court, and he is not authorized to make his individual knowledge of a fact, not generally or professionally known, the basis of his action. (Sps. Latip v. Chua)
        
        WEBSITE ARTICLES
        It must be remembered that some articles appearing in the internet or on websites are easily
        edited and their sources are unverifiable, thus, sole reliance on those articles is greatly discouraged.
        (Juan v. Juan)
        
        WHIPLASH INJURIES CAUSED BY VEHICULAR ACCIDENTS
        We point out in this respect that courts cannot take judicial notice that vehicular accidents cause whiplash injuries. This proposition is not public knowledge, or is capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions.
        
        PRICES OF GOODS
        Narra, Magwheels, Diesel
        
        PARTICULAR CA DIVISION'S KNOWLEDGE
        Apparently, only that particular division of the CA had knowledge of the practice to pay goodwill money in the Baclaran area. As was held in State Prosecutors, justices and judges alike ought to be reminded that the power to take judicial notice must be exercised with caution and every reasonable doubt on the subject should be ample reason for the claim of judicial notice to be promptly resolved in the negative.(Spouses Latip v. Chua)
        
        FOREIGN LAWS & JUDGMENTS
        Because our courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be alleged and proven and like any other fact.
        (Manufacturers Hanover Trust Co. v. Guerrero)
        (Ando v. DFA)
        (Juego-Sakai v. Republic)
        
        FACT DEPENDENT ON FACT THAT COURT HAS NO CONSTRUCTIVE KNOWLEDGE OF
        A court cannot take judicial notice of any fact which, in part, is dependent on the existence or non-existence of a fact of which the court has no constructive knowledge.
        
        NATURE OF LANDHOLDING REQUIRES OPPORTUNITY TO PRESENT EVIDENCE BEFORE JUDICIAL NOTICE
        SAC erred in concluding that the subject land consisting of 29.0966 hectares is commercial in nature, after taking judicial notice that it is "situated near the commercial district of Curvada, Cataingan, Masbate."
        
        In Land Bank of the Philippines v. Honeycomb Farms Corporation, 50 we categorically ruled that the parties must be given the opportunity to present evidence on the nature of the property before the court a quo can take judicial notice of the commercial nature of a portion of the subject landholding.
        (Land Bank of the Phils. v. Honeycomb Farms Corp)
        
        IF VAST TRACT OF LAND IS INVOLVED, JUDICIAL NOTICE IS TO BE EXERCISED WITH CAUTION
        The power to take judicial notice is to be exercised by courts with caution especially where the case involves a vast tract of land. Care must be taken that the requisite notoriety exists; and every reasonable doubt on the subject should be promptly resolved in the negative.||| (Land Bank of the Phils. v. Honeycomb Farms Corp.)
        
        ON FOREIGN LAW:
        HOWEVER, THE PARTIES MAY AGREE ON WHAT SUCH FOREIGN LAW PROVIDES
        When the parties in a case agree on what the foreign law provides, these are admissions of fact which the other parties and the court are made to rely and act upon, hence they are in estoppel to subsequently take a contrary position
        (PCIB v Escolin)
        
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        ON WHIPLASH: JUDGES HAVE NO EXPERTISE IN THE FIELD OF MEDICINE
        We have no expertise in the field of medicine. Justices and judges are only tasked to apply and interpret the law on the basis of the parties' pieces of evidence and their corresponding legal arguments.
        (Dela Llana v. Biong)
        
        SIR: MEMORIZE THESE REQUISITES
  - - - AFTER TRIAL & BEFORE JUDGMENT/APPEAL,
        COURT MAY TAKE JUDICIAL NOTICE OF
        ANY MATTER + CONDUCT A HEARING
        IF THE MATTER IS DECISIVE OF A MATERIAL ISSUE
        (Sec. 3 continued)...Before judgment or on appeal, the court, motu proprio or upon motion, may take judicial notice of any matter and shall hear the parties thereon if such matter is decisive of a material issue in the case. (3a)
        
        WITHIN JN IF: (OPPAF)
        
        OWN ACTS&RECS
        SAME CASE: (SAME COURT)
        -
        
        PRIOR PROCEEDINGS'S FACTS ESTABLISHED IN SAME CASE
        -
        
        PUBLIC RECS ON FILE; SAME COURT
        -
        
        AUTHENTICITY OF RECS;
        DIFF CASES:SAME PARTIES:SAME COURT
        -
        
        FILES OF
        RELATED CASES:SAME COURT
        
        Court will take judicial notice of its own acts and records in the same case, of facts established in prior proceedings in the same case, of the authenticity of its own records of another case between the same parties, of the files of related cases in the same court, and of public records on file in the same court.
        (FASAP v. PAL citing Paras)
        
        GR: CONTENTS OF OTHER CASES NOT IN JN
        Courts are not authorized to take judicial notice of the contents of the records of other cases
        EVEN BEFORE THE SAME COURT
        Even when such cases have been tried or are pending in the same court, and
        EVEN BEFORE THE SAME JUDGE
        Even when both cases may have been tried or are actually pending before the same judge.
        
        JN OF PROCEEDINGS IN OTHER CASES: CPR
        
        CLOSE CONNECTION WITH MATTER IN CONTROVERSY MAY JUSTIFY JUDICIAL NOTICE
        "In some instance, courts have taken judicial notice of proceedings in other cases, because of their close connection with the matter in the controversy.
        
        PREVIOUS CASE/S WARRANT: (DMA)
        a. DISMISSAL
        b. MOOTNESS OF PENDING CASE
        c. APPLICATION OF PREVIOUS RULING
        Courts have also taken judicial notice of previous cases to determine whether or not the case pending is a moot one or whether or not a previous ruling is applicable in the case under consideration."(Degayo v. Magbanua-Dinglasan)
        
        RES JUDICATA:
        a. SAME COURT,
        b SUBJECT MATTER,
        c. COA,
        d. PARTIES
        The other case had been decided by the same court, involving the same subject matter, with the same cause of action, and was between the same parties (which was not denied), and constituted res judicata on the current cause before the court [Tiburcio v. PHHC, G.R. No. L-13479, (1959)
        
        DECISION OR FACTS PREVAILING IN OTHER CASE WITHIN JN IF:(JPNR)
        
        JUDGE SITS IN SAME COURT,
        
        PRESENTED IN EVIDENCE!
        
        NO OBJECTION
        
        RESOLVED BY COURT IN ITS DISCRETION
        They may, however, take judicial notice of a decision or the facts prevailing in another case sitting in the same court if: (1) the parties present them in evidence, absent any opposition from the other party; or (2) the court, in its discretion, resolves to do so.
        (LBP. v. Yatco Agricultural Enterprises)
        
        NO FORMAL OFFER OF EVIDENCE =
        CANNOT BE CONSIDERED
        the document should have been presented during trial and formally offered as evidence for it to be considered by the Court.
        (P v. R)
        
        IN RETRENCHMENT, THE FF MAY BE IN JN:
        
        FINDINGS OF SEC
        
        PREVIOUS JUDICIAL PRONOUNCEMENTS
        In determining the validity of a retrenchment, judicial notice may be taken of the financial losses incurred by an employer undergoing corporate rehabilitation based on (1) the findings of the SEC and on (2) antecedent judicial pronouncements.
        
        In such a case, the presentation of audited financial statements may NOT be necessary to establish that the employer is suffering from severe financial losses.
        (FASAP v. PAL)
        
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        ARCHIVED CASES' ORIGINAL RECORDS:
        (KOR)
        
        KNOWLEDGE OF ADVERSE PARTY
        
        NO OBJECTION OF ADVERSE PARTY,
        
        REFERENCE! IS MADE TO IT FOR THAT PURPOSE
        ▪ A court may properly treat all or any part of the original record of a case filed in its archives as read into the record of a case pending before it, when, with the knowledge of and absent an objection from the adverse party, reference is made to it for that purpose, by name and number or in some other manner by which it is sufficiently designated; or
        
        REFERENCE IS MADE EITHER BY:
        
        NAME;OR
        
        NUMBER; OR
        
        SOME OTHER MANNER SUFFICIENTLY DESIGNATING THAT CASE
        
        OPPORTUNITY TO OBJECT REQUIRED
        Therefore, for such exception to apply, the party concerned must be given an opportunity to object before the court could take judicial notice of any record pertaining to other cases pending before it.
        
        (CLOSE CONNECTION)
        ADMINISTRATIVE PROCEEDING -> SEPARATE CIVIL ACTION AGAINST ADMINISTRATOR
        Thus, in a separate civil action against the administrator of an estate arising from an appeal against the report of the committee on claims appointed in the administration proceedings of the said estate, to determine whether or not the appeal was taken on time, the court took judicial notice of the record of the administration proceedings.
        
        GENEALOGICAL APPROACH:
        EVIDENCE PRESENTED IN CHILD CASES, GIVEN COGNIZANCE BY COURTS THRU JN IN
        "PARENT CASES"
        It is obnoxious to a system of orderly procedure to adopt a genealogical approach where evidence presented in “child cases” is given judicial notice in “parent cases”, where both cases are pending before the same court.
        
        EVIDENCE PRESENTED & ADMITTED IN A PREVIOUS CASE WITHIN JN IF
        
        OFFERED; OR
        
        COMPLIED WITH REQS ON ROE
        A court is not compelled to take judicial notice of pieces of evidence offered and admitted in a previous case unless the same are properly offered or have accordingly complied with the requirements on the rules of evidence.
        
        RECORD, PLEADINGS, JUDGMENT WITHIN JN IF:
        
        DIFF COURT
        a. SAME PARTIES (or ONE OF THEM)
        
        SAME COURT
        a. DIFFERENT PARTIES
        In addition judicial notice will be taken of the record, pleadings or judgment of a case in another court between the same parties or involving one of the same parties, as well as of the record of another case between different parties in the same court." (Degayo v. Magbanua-Dinglasan)
        
        AGE
        As required by Rule 129.3, as to any other matters such as age, a hearing is required before courts can take judicial notice of such fact.
        The failure to sufficiently establish victim's age by independent proof is a bar to conviction for rape in its qualified form o Independent proof of the actual age of a rape victim becomes vital and essential so as to remove an iota of doubt that the case falls under the qualifying circumstances for the imposition of the death penalty set by the law
        (People v. Tundag)
        
        AGE AS DETERMINED FROM APPEARANCE
        Process by w/c trier of facts judges a person’s age from his/her appearance cannot be categorized as judicial notice
        (People v. Rullepa)
      - THIS MAY BE DONE MOTU PROPRIO OR UPON REQUEST
  - - - HOW CONTRADICTED:
        SHOWING OF PALPABLE MISTAKE OR
        THAT NO SUCH ADMISSION WAS MADE
        (Sec. 4 cont)...The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. (2a)
        
        EXAMPLES OF NO ADMISSION: (ONBMASSEA)
        
        OUT OF CONTEXT
        (Atillo III v. CA)
        -
        
        NOT MADE IN THE SENSE IT IS MADE TO APPEAR BY OTHER PARTY
        This may be invoked when the statement of a party is taken out of context or that his statement was made not in the sense it is made to appear by the other party (Phil. Health Care Providers v. Estrada)
        
        BARE ALLEGATION OF PALPABLE MISTAKE DOES NOT SUFFICE
        Bare allegations, unsubstantiated by evidence, are not equivalent to proof.
        (Dimaguila v. Spouses Monteiro)
        
        MERE DENIAL OF ADMISSION UNSUPPORTED BY EVIDENCE
        Renders conclusive the stipulations made during the pre-trial conference
        (Constantino v. Heirs of Constantino, Jr.)
        
        ANSWER AS A MERE STATEMENT OF FACT SOUGHT TO BE PROVEN IS NOT AN ADMISSION
        An answer is a mere statement of fact which the party filing it expects to prove, but it is not evidence. In spite of the presence of judicial admissions in a party's pleading, the trial court is still given leeway to consider other evidence presented.
        
        STATEMENTS (ORALLY) MADE DURING
        PRELIMINARY INVESTIGATION
        -
        
        STATEMENTS (ORALLY) MADE DURING
        COURT-ANNEXED MEDIATION
        
        EVIDENCE ALIUNDE MAY PROVE PALPABLE MISTAKE
        While the admission is admissible in evidence, its probative value is to be determined from the whole statement and others intimately related or connected therewith as an integrated unit. -
        Acts or facts admitted do not require proof and cannot be contradicted however, evidence aliunde can be presented to show that the admission was made through a palpable mistake. (Bitong v. CA)
        
        ADMISSION THAT A WITNESS, IF PRESENTED, WOULD TESTIFY TO A FACT
        There was no judicial admission of the fact of non-possession of a license/authority but
        rather a mere admission that the witness, if presented, would testify to such fact
        (People v. Hernandez)
        
        OUT OF CONTEXT
        If a party invokes an “admission” by an adverse party, but cites the admission “out of context”, then the one making the admission may show that he made no “such” admission, or that his admission was taken out of context. This may be interpreted as to mean “not in the sense in which the admission is made to appear.” (Atillo III v. CA)
        
        QUALIFYING PHRASES
        The statements of the private respondents were qualified with phrases such as "insofar as they are limited, qualified and/or expanded by," "the truth being as stated in the Affirmative Allegations/Defenses of this Answer". These cannot be considered definite and certain enough, thus, it cannot be construed to be judicial admissions. When taken in its totality, the Amended Answer to the Amended Petition, or even the Answer to the Amended Petition alone, clearly raises an issue as to the legal personality of Bitong to file the complaint.
        
        ON ANSWERS, SUCH ARE NOT ADMISSIONS ESPECIALLY WHEN PARTIES SUBMIT AN ISSUE FOR RESOLUTIONThis rule should apply with more reason when the parties had agreed to submit an issue for resolution of the trial court on the basis of the evidence presented.
        
        RATIO ON EVIDENCE ALIUNDE: LIBERAL CONSTRUCTION OF PLEADINGS SO REAL MATTER MAY BE SUBMITTED
        The rule is always in favor of liberality in construction of pleadings so that the real matter in dispute may be submitted to the judgment of the court. (Bitong v. CA)
      - PARTY MAY MAKE JUDICIAL ADMISSIONS IN: (PROMADO)
        A party may make judicial admissions in
        
        PLEADINGS
        the pleadings; the allegations, statements, or admissions contained in a pleading are conclusive as against the pleader. A party cannot subsequently take a position contrary to, or inconsistent with, his pleadings
        
        RECORD BOOKS OF CORPORATION, LIKE ADMISSIONS BEFORE BOARD OF DIRECTORS
        The admissions of a party against his interest inscribed upon the record books of a corporation are competent and persuasive evidence against him.
        
        OFFER TO COMPROMISE
        a. ADMIT EXISTENCE OF DEBT
        b. OFFER SETTLEMENT
        If in the course thereof, the party making the offer admits the existence of an indebtedness combined with a proposal to settle the claim amicably, then, the admission is admissible to prove such indebtedness
        (Luciano Tan v. Rodil Enterprises)
        
        MOTIONS
        The admissions made in a motion are judicial admissions which are binding on the party who made them.
        Such party is precluded from denying the same unless there is proof of palpable mistake or that no such admission was made.
        (Herrera-Felix v. CA; RP v. De Guzman)
        
        ADMISSIONS BEFORE QUASI-JUDICIAL BODIES SUCH AS CIAC
        Construction Industry Arbitration Commission (CIAC)
        (PH Charter Insurance v. CCP)
        
        DURING TRIAL, VERBAL OR WRITTEN
        during the trial, either by verbal or written manifestations or stipulations, or
        
        OTHER STAGES OF JUDICIAL PROCEEDING (LIKE PRE-TRIAL)
        in other stages of the judicial proceeding.
        (Extraordinary Development Corp. v. Samson-Bico)
        
        CERTIFICATE OF DEATH SUBMITTED IN PTC
        Certificate of Death, which was admitted during the pre-trial conference as proof of the fact and cause of death was controlling.
        
        "JUDICIAL PROCEEDING" ENCOMPASSES
        
        CIVIL, EVEN SPECIAL CIVIL ACTIONS
        
        CRIMINAL; AND
        
        SPECIAL PROCEEDING
        (Sec. 3, Rule 1)
        
        OTHER STAGES WHEN JUDICIAL ADMISSIONS MAY BE MADE: (PE)
        
        PRE-TRIAL CONFERENCE: STIPULATION OF FACTS, DEPOSITIONS, WRITTEN INTERROGATORIES, OR REQUESTS FOR ADMISSION
        stipulation of facts in a pre-trial conference (People v. Hernandez). Depositions, written interrogatories or requests for admission (Regalado)
        
        EXECUTION OF JUDGMENT IS PART OF JUDICIAL PROCEEDING
        Execution of judgment is part of a judicial proceeding. The Court retains control over the case until the full satisfaction of the final judgment (People v. Gallo)
        
        PRE-TRIAL
        
        DURING TRIAL
        
        SUPERSEDED PLEADINGS
        
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        (SA)
        STIPULATIONS OF FACTS IN OPEN COURT ARE JAs
        Such stipulation of facts entered during trial in open court is automatically reduced into writing and contained in the official transcript of the court proceedings
        
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        (WSSO)
        AGREEMENTS/ADMISSIONS MADE OR ENTERED DURING PTC FOR CRIM CASES MUST BE:
        
        WRITTEN
        
        SIGNED BY COUNSEL
        
        SIGNED BY ACCUSED
        Rule 118 Section 2. Pre-trial agreement. — All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in section 1 of this Rule shall be approved by the court. (sec. 4, cir. 38-98)
        
        IN PRE-TRIAL, JAs ENTERED IN CRIM CASES, SHALL BE
        
        WRITTEN
        
        SIGNED BY ACCUSED
        
        SIGNED BY COUNSEL;
        In criminal cases, all agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused [Sec. 2, Rule 118]
        
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        IF NOT SIGNED BY ACCUSED.
        NO OBJECTION = STILL JA
        Here, the pre-trial agreement was signed only by the prosecution and defense counsel, however it
        may be admitted given that the defense failed to object to its admission
        
        BUT GENERALLY, OTC IS NOT AN ADMISSION
        The general rule is an offer of compromise in a civil case is not an admission of liability. The rule, however, is not iron-clad. Thus, if a party DENIES the existence of a debt but offers to pay the same for the purpose of buying peace and avoiding litigation, the offer of settlement is inadmissible.
        
        RE: OFFERS TO COMPROMISE
        SIR: ALWAYS PUT CLAUSES THAT YOUR CLIENT IS NOT ADMITTING ANY LIABILITY, THAT NO ONE IS ADMITTING ANYONE
        
        RATIO: INTENT OF OFFEROR SHOULD BE CONSIDERED
        To determine the admissibility or non-admissibility of an offer to compromise, the circumstances of the case and the intent of the party making the offer should be considered.
      - TRIAL COURT MAY RELIEVE ADMISSION FOR STRONG REASONS, IN ITS DISCRETION
        A judicial admission conclusively binds the party making it. He cannot thereafter contradict it. The exception is found only in those rare instances when the trial court, in the exercise of its discretion and because of strong reasons to support its stand, may relieve a party from the consequences of his admission.
    - - A PARTY CANNOT LATER CHALLENGE THEIR JUDICIAL ADMISSIONS
        A party who judicially admits a fact cannot later challenge this fact for the reason that judicial admissions remove an admitted fact from the field of controversy.
        (Josefa v. Manila Electric Co)
    - - INSTEAD, IT'S AN EXTRAJUDICIAL ADMISSION
        Instead, it will be deemed an extrajudicial admission for purposes of the other proceeding where such admission is offered (Riano 87, 2016)
        
        What is the consequence then of classifying it as an extrajudicial admission?
        What is the difference between the weight of a judicial admission and an extrajudicial admission?
        
        ADOPTIVE ADMISSION:
        REACTION TO AN ACT OR STATEMENT BY ANOTHER, REASONABLY AN ADMISSION
        The theory of adoptive admission has been adopted by the court in this jurisdiction.
        An adoptive admission is a party’s reaction to a statement or action by another person when it is reasonable to treat the party’s reaction as an admission of something stated or implied by the other person.
        
        RATIO: RATIFICATION BY OTHER PARTY
        The basis for admissibility of admissions made vicariously is that arising from the ratification or adoption by the party of the statements which the other person had made.