11 People vs. Tundag
11 People vs. Tundag
Facts: The complainant here was raped by her father twice. The first was on September 5,
1997 and the second was on November 7, 1997. The first incident happened while she
was sleeping. She was threatened by his father using a knife. The second raped
happened after washing the dishes. Afterwards, she told about it to her neighbor and
was advised to seek the help of the police. She was 13 years old back then. The
prosecution was not able to obtain birthcertificate and she herself doesnt know her exact
age. The Defense agree with the judicial notice. The RTC convicted him for two counts of
rape and sentenced him to death.
Issue: won the RTC correctly took judicial notice about her age.
Held: No. Judicial notice is the cognizance of certain facts which judges may properly
take and act on without proof because they already know them. Under the Rules of
Court, judicial notice may either be mandatory or discretionary.
With respect to other ma ers not falling within the mandatory or discretionary judicial
notice, the court can take judicial notice of a fact pursuant to the procedure in Section 3
of Rule 129 of the Rules of Court which requires that — SEC. 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 ma er 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
ma er and allow the parties to be heard thereon if such ma er is decisive of a material
issue in the case.
In this case, judicial notice of the age of the victim is improper, despite the defense
counsel’s admission thereof, acceding to the prosecution’s motion. As required by
Section 3 of Rule 129, as to any other ma ers such as age, a hearing is required before
courts can take judicial notice of such fact. Generally, the age of the victim may be
proven by the birth or baptismal certificate of the victim, or in the absence thereof, upon
showing that said documents were lost or destroyed, by other documentary or oral
evidence sufficient for the purpose.
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