Section 3.

Judicial Notice,
when hearing is
necessary.

After
the
trial,
and
before
judgment or on appeal
the
proper court, on its 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.

Why hearing is necessary?

To hear the parties on whether or
not they will agree on the action to
be taken by the court.
Both parties will be asked on the
wisdom of the courts taking
judicial notice or not, with respect
to a particular matter.

What are the difference between

paragraphs 1 and 2 of section 3?
In the 1st paragraph, the case is
still being tried, taking of judicial
notice is being done DURING
TRIAL.

 In the 2nd paragraph, judicial notice

is being TAKEN AFTER TRIAL,
BEFORE JUDGMENT or while the
case is ON APPEAL , the matter

to be taken under judicial notice

is a matter decisive of a
material issue in the case means
that is REALLY IMPORTANT.

An example of this type of judicial

notice:
The case earlier mentioned on the
court records. Once again: May a
court take judicial notice of the
records of another case pending
before another court or with the
same judge?

The general rule is : Court are not

bound to take judicial notice of
cases pending in other courts or
before the same judge, except:
1. When the consent of the parties
were obtained;
2. If the case is closely interrelated
to another case pending the same
parties.

ILLUSTRATION:
In a case, during trial or even before
judgment, the court deems the case
submitted for decision.
The court is personally aware that there
are two other pending case involving the
same parties or pending in other court.
The court ask the parties if there are
objections if it takes judicial notice of the
records of those other case.
The court, on its on initiative, may
announce it intention of taking judicial
notice, but it should hear the parties first.

Presented by:

Jandel D. Abrasaldo
and

Cloyd Jedediah Lazo

Thankyou