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Question

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

Scenario:

During a criminal trial, the prosecution presented a witness who testified that the defendant was seen committing the crime at a specific time and place. The defense, however, opposes the testimony and argues that the witness may be mistaken and that there is insufficient evidence to prove the defendant's guilt beyond reasonable doubt.

Assuming you are the presiding judge, discuss the concept of judicial notice under Rule 129, Sections 1-3 of the Rules of Court and determine whether it is applicable in this case. Explain the conditions for mandatory and discretionary judicial notice, and state whether you would apply judicial notice and on what grounds.

1. Identify the conditions for mandatory and discretionary judicial notice.
2. Would you apply judicial notice in this case? Explain your decision.

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Answer