Judicial Notice, when mandatory City of Manila vs. Gerardo Garcia et.al FACTS: 1.

Plaintiff is the owner of certain parcels of land. Without the knowledge and consent of plaintiff, defendants occupied the property and built their houses. 2. Having discovered, plaintiff through its mayor gave each defendant written permits, each labeled as lease contract to occupy specific areas. For their occupancy, defendants were charged nominal rentals. 3. After sometime, plaintiff, through its treasurer, demanded payment of their rentals and vacate the premises for the Epifanio de los Santos Elementary Schools expansion. 4. Despite the demand, defendants refused to vacate the said property. Hence, this case was filed for recovery of possession. 5. The trial court ruled in favor of plaintiff taking judicial notice of Ordinance 4566 appropriating P100k for the construction of additional building of Epifanio De Los Santos Elementary School. 6. Defendants appealed. ISSUE: WoN the trial court properly found that the city needs the premises for school purposes HELD: YES The trial court ruled out the admissibility of the documentary evidence presented by plaintiff Certification of the Chairman, Committee on Appropriations of the Municipal Board which recites the amount of P100k had been set aside in Ordinance 4566 for the construction of additional building of the said school. But then the decision under review, the trial court revised his views. He there declared that there was a need for defendants to vacate the premises for school expansion; he cited the very document. Because of the courts contradictory stance, defendants brought this case on appeal. However, the elimination of the certification as evidence would not profit defendants. For, in reversing his stand, the trial judge could well have taken because he was duty bound to take judicial notice5 of Ordinance 4566. The reason being that the city charter of Manila requires all courts sitting therein to take judicial notice of all ordinances passed by the municipal board of Manila.6 And, Ordinance 4566 itself confirms the certification aforesaid that an appropriation of P100,000.00 was set aside for the "construction of additional building" of the Epifanio de los Santos Elementary School.

Further defendants entry to the said property is illegal. Their constructions are as illegal, without permits. The city mayor doesnt have the authority to issue permits. The permits issued are null and void.