RULE 129

What Need Not Be Proved

Section 3. Judicial notice, when hearing necessary. During the trial,
the court, on its own initiative, or on request of a party, may announce
its intention to take judicial notice of any matter and allow the parties to
be heard thereon.
After the trial, and before judgment or on appeal, the proper court, on
its own initiative or on request of a party, may take judicial notice of any
matter and allow the parties to be heard thereon if such matter is
decisive of a material issue in the case. (n)
Stages upon which the court the court may take notice of a fact?
1. During trial; - Any matter
2. After trial and before judgment; - any matter if such matter is decisive of a
material issue in the case or
3. Appeal
Purpose: Not for the presentation of evidence, but to afford the parties
reasonable opportunity to present information relevant to the propriety of taking
such judicial notice or the tenor of the matter to be noticed.
Section 4. Judicial admissions. An admission, verbal or written, made by the
party in the course of the proceedings in the same case, does not require proof.
The admission may be contradicted only by showing that it was made through
palpable mistake or that no such admission was made. (2a)
Elements of Judicial Admission:
1. The same must be made by party in the case; - Admission made by counsel
is also binding except if done in gross neglect of duty.
2. The admission must be made in the course of the proceedings in the same
case;
3. May either be written or oral
General Rule: A judicial admission is conclusive upon the party making it and
does not require proof.
Except:
1. When it is shown that the admission was made through palpable mistake,
and
2. When it is shown that no such admission was in fact made
Remedy: Motion to withdraw if written; Move for exclusion for oral admission
Effect of Admissions Made in the Course of the Proceedings
It is settled that judicial admissions may be made:
in the pleading filed by the parties;
in the course of the trial either by verbal or written manifestation or
stipulations; or
in other stages of jurdicial proceedings as in the pre-trial of the case.
Note that a party's testimony in open court may override admissions he made in

his answer.
Other rules:
1. Rule on amended pleadings: An amended pleading supersedes the pleading
that it amends. However, admissions in superseded pleadings may be
received in evidence against the pleader and claims or defenses alleged
therein not incorporated in the amended pleading shall be waived.
2. Rules on dismissed pleading: The admissions are merely considered as
extrajudicial admissions.
3. Rules on pleadings not filled: If signed by the pleader, it is considered as
extrajudicial admissions. If not signed by the pleader but only by the
attorney, it is not admissible.
4. Admissions made by counsel: General rule is that such are binding upon his
client. The exception is that when there is reckless or gross negligence of
counsel deprives the client of due process of law.
5. Implied admissions of actionable documents: Follow the rules established
under Rule 8, Section 8.
Specific Denial
By specific denial is meant that the defendant must specify each material
allegation of fact the truth of which he does not admit and whenever practicable,
shall set forth the substance of the matters upon which he relies to support his
denial, otherwise the denial becomes a general denial, which amounts to an
admission of the allegation in the complaint and justifies a summary judgement.