Sec. 46. Learned treatises. — A published treatise, periodical or pamphlet on a subject of history, law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject. (Rule 130, Rules of Court)
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Requisites for admissibility:
1. Published treatise, periodical or pamphlet is on a subject of history, law, science, or art; and
2. Court takes judicial notice of it, or
3. Witness expert in the subject testifies that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject
Case:
There is no evidence whatever in the record to show that the parochial church of the pueblo of Santa Ana and the convent annexed thereto were constructed at the expense of the municipality of this pueblo, or with funds of the objector corporation, that is, of the Archbishop of Manila, or out of those of the Roman Catholic Church of the Philippines. On the other hand, it is shown by the chronicles mentioned by the lower court in the judgment appealed from, Cronicas de la Apostolica Provinciua de Religiosos Descalzos de San Francisco, en las Islas Filipinas, China y Japon, written by Friar Juan Francisco de San Antonio and printed in the year 1738 (a certified copy of the part thereof pertinent to the case at bar was presented at the trial and admitted in evidence), that the Franciscan friars founded, among other churches and towns along the Manila River, those of Santa Ana de Sapa, that is, of the church here in question, and it is impossible to refuse credence to those chronicles written and printed more than 178 years ago.
1. Published treatise, periodical or pamphlet is on a subject of history, law, science, or art; and
2. Court takes judicial notice of it, or
3. Witness expert in the subject testifies that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject
Case:
Francisco Corporation vs Archbishop of Manila
35 Phil 298
There is no evidence whatever in the record to show that the parochial church of the pueblo of Santa Ana and the convent annexed thereto were constructed at the expense of the municipality of this pueblo, or with funds of the objector corporation, that is, of the Archbishop of Manila, or out of those of the Roman Catholic Church of the Philippines. On the other hand, it is shown by the chronicles mentioned by the lower court in the judgment appealed from, Cronicas de la Apostolica Provinciua de Religiosos Descalzos de San Francisco, en las Islas Filipinas, China y Japon, written by Friar Juan Francisco de San Antonio and printed in the year 1738 (a certified copy of the part thereof pertinent to the case at bar was presented at the trial and admitted in evidence), that the Franciscan friars founded, among other churches and towns along the Manila River, those of Santa Ana de Sapa, that is, of the church here in question, and it is impossible to refuse credence to those chronicles written and printed more than 178 years ago.
