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Question

Judicial Notice, Mandatory and Discretionary - Rule 129, secs. 1-3

Discuss the concept of judicial notice and its application in the Philippine legal system. Include an explanation of the distinction between mandatory and discretionary judicial notice as provided under Rule 129, Sections 1-3 of the Rules of Court.

Provide two scenarios wherein the court may properly take judicial notice of a fact based on the provisions of Rule 129, Sections 1-3. Describe the process by which the court would take judicial notice in each scenario.

1. Scenario 1:

A criminal case involving a high-profile drug syndicate is being heard in a regional trial court. The prosecution presents a piece of evidence that contains the transcript of a wiretapped conversation between the accused and a co-conspirator. The defense objects to the admissibility of the transcript, claiming that it was obtained illegally. Explain whether the court can take judicial notice of the legality of wiretapping under the Anti-Wiretapping Law.

2. Scenario 2:

In a civil case for damages against a manufacturing company, the plaintiff presents medical records and expert testimonies to prove that the defendant's product caused the plaintiff's illness. The defendant argues that there is no scientific evidence to establish a causal link between the product and the illness. Discuss whether the court can take judicial notice of the scientific studies and research on the harmful effects of the defendant's product.

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Answer