This case has been cited 1 times or more.
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2005-03-31 |
PANGANIBAN, J. |
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| Indeed, municipal courts may take judicial notice of the municipal ordinances in force in the municipality in which they sit.[35] Such notice, however, is limited to what the law is and what it states.[36] As can be gleaned from its discussions, the trial court took judicial notice of the existence of Presidential Proclamation No. 20, which declared Times Beach a recreation center. The MTC also took judicial notice of the location of the beach, which was from the shoreline to the "road towards the shoreline." On the basis of these premises, the trial court resolved that the lot on which petitioner's restaurant was located should necessarily be inside Times Beach, which was owned by the City of Davao. Hence, it was the City -- not respondent -- that had a cause of action against petitioner. To arrive at this conclusion, the MTC made its own estimate of the location of the metes and bounds of the property mentioned by the law.[37] | |||||