When does judicial notice mandatory or discretionary?

Judicial notice does not apply

                Finally, petitioner implores us to take judicial notice of Section 7.01,[67] Article VII of the Management Contract for cargo handling services it entered with the PPA, which limits petitioner’s liability to P5,000.00 per package.

            Unfortunately for the petitioner, it cannot avail of judicial notice.

            Sections 1 and 2 of Rule 129 of the Rules of Court provide that:

SECTION 1.  Judicial notice, when mandatory. — A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions.

SEC. 2.  Judicial notice, when discretionary. — A court may take judicial notice of matters which are of public knowledge, or are capable of unquestionable demonstration or ought to be known to judges because of their judicial functions.

            The Management Contract entered into by petitioner and the PPA is clearly not among the matters which the courts can take judicial notice of.   It cannot be considered an official act of the executive department.  The PPA, which was created by virtue of Presidential Decree No. 857, as amended,[68] is a government-owned and controlled corporation in charge of administering the ports in the country.[69] 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.

 http://sc.judiciary.gov.ph/jurisprudence/2011/april2011/171406.htm

About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Evidence, Insurance, Judicial Notice. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s