6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly lower court of the fact that appellant had been charged with another illegal recruitment case,[34] and in considering the pendency thereof as evidence of the scheme and strategy adopted by the accused. Appellant cites a violation of Section 3 of Rule 129 of the Rules of Court which provides that before the court may take judicial notice of any matter, the parties shall be heard thereon if such matter is decisive of a material issue in the case. It is claimed that the lower court never announced its intention to take judicial notice of the pendency of the other illegal recruitment case nor did it allow the accused to be heard thereon. It is true that as a general rule, courts are not authorized to take judicial notice of the contents of the records of other cases, even when such cases have been tried or are pending in the same court, and notwithstanding the fact that both cases may have been tried or are actually pending before the same judge.[35] However, this rule is subject to the exception that: "x x x in the absence of objection and as a matter of convenience to all parties, a court may properly treat all or any part of the original record of the case filed in its archives as read into the records of a case pending before it, when with the knowledge of the opposing party, reference is made to it, by name and number or in some other manner by which it is sufficiently designated, x x x"[36] (underscoring supplied .) The judicial notice taken by the lower court of the pendency of another illegal recruitment case against the appellant falls squarely under the above exception in view of the fact that it was the appellant herself who introduced evidence on the matter when she testified in open court as follows: "Q: A: Q: A: Q: A: Q: A: Q: You mean to say . . . by the way, where (sic) were you at the NBI when Mrs. Cinco inquired from you about placement abroad? I was just invited by the personnel of the NBI and I was not allowed to go home. Why were you invited by the NBI? They told me that there was a complaint against me. Complaint about what? The same case. You mean illegal recruitment also? Yes, sir. xxx xxx xxx You made mention than an illegal recruitment case which was supposed to be the cause of your detention at the NBI. ... I am not referring to this case, Mrs. Hernandez -- what happened to that case, what is the status of that case? It is also in this sala. A: COURT: It is already submitted for decision.[37] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/33888 9/13