My Own Legal Dictionary 2
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-AAbandon. It means, in its ordinary sense, to forsake entirely; to forsake or renounce utterly. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968]. Abandoned child. A child who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such. [Sec. 3, RA 8552; Art. 141, PD 603]. Compare with Dependent child and Neglected child. Abandoned or idle land. 1. Any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three (3) years immediately prior to the receipt of notice of acquisition by the government as provided under the Comprehensive Agrarian Reform Law of 1988 (RA 6657), but does not include land that has become permanently or regularly devoted to nonagricultural purposes. [Sec. 3, RA 6657]. 2. Lands devoted to any crop at least
one year prior to the notice of expropriation, but which were not utilized by the owner for his benefit for the past five years prior to such notice of expropriation. [Sec. 166, RA 3844]. Abandonee. A party to whom a right or property is abandoned or relinquished by another. [Black's Law Dict., Abr. 5th Ed. (1987), p. 1]. Abandoning a minor. Crim. Law. The felony committed by any one who shall abandon a child under seven years of age, the custody of which is incumbent upon him. [Art. 276, RPC]. Abandonment. Mar. Ins. The act of the insured by which, after a constructive total loss, he declares the relinquishment to the insurer of his interest in the thing insured. [Sec. 138, IC]. Abandonment. Elements: (a) The failure to report for work or absence without valid or justifiable reason, and (b) a clear intention to sever the employer-employee relationship, with the second element as the more determinative factor and being manifested by some overt acts. [De Ysasi III v. NLRC, 231 SCRA 173 (1994)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
2 Abandonment of domicile and acquisition of a new one called domicile of choice. Requisites: (a) Residence or bodily presence in the new locality, (b) intention to remain there or animus manendi, and (c) an intention to abandon the old domicile or animus non revertendi. [Romualdez v. RTC Tacloban City, 226 SCRA 408, 415]. Abandonment of land dedicated to public use. Elements: (a) Intention to relinquish the right or property, but without intending to transfer title to any particular person; and (b) the external act which such intention is carried into effect. [Defensor-Santiago v. Ramos, PET 001. Feb. 13, 1996, citing 49 Mich. App. 128, 229 N.W 2d 343, 349]. Abandonment of minor by person entrusted with his custody; indifference of parents. Crim. Law. The felony committed by anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities, or by the parents who shall neglect their children by not
giving them the education which their station in life require and financial conditions permit. [Art. 277, RPC]. Abandonment of office or position. 1. Crim. Law. The felony committed by any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service. [Art. 238, RPC]. 2. Admin. Law. The voluntary relinquishment of an office by the holder, with the intention of terminating his possession and control thereof. [Sang. Bayan of San Andres, Catanduanes v. CA, GR 118883. Jan. 16, 1998, citing Words & Phrases, Vol. 1, p. 127]. 3. A species of resignation; while resignation in general is a formal relinquishment, abandonment is a voluntary relinquishment through nonuser. [Sang. Bayan of San Andres, Catanduanes v. CA, GR 118883. Jan. 16, 1998, citing Words & Phrases, Vol. 1, p. 126]. Abandonment of person in danger and abandonment of one's own victim. Crim. Law. The felony committed by any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
3 such assistance without detriment to himself, unless such omission shall constitute a more serious offense; or by anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured; or by anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. [Art. 275, RPC]. Abandonment of the thing. It consists of the voluntary renunciation of all the rights which a person may have in a thing, with the intent to lose such thing. By virtue of the abandonment, the thing is left without owner or possessor. To be effective, it is necessary that it be made by a possessor in the concept of owner. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 304, citing 4 Manresa 315; 3 Sanchez Roman 299]. Abandonment of the wife. To constitute abandonment of the wife by the husband, as the term is used in Art. 178 of the Civil Code, there must be absolute cessation of marital relations and duties and rights, with the intention of perpetual separation. The abandonment must not only
be physical estrangement but also amount to financial and moral desertion. [Dela Cruz v. Dela Cruz, GR L19565. Jan. 30, 1968]. Abandonment of work. Labor. The deliberate, unjustified refusal of the employee to resume his employment. The burden of proof is on the employer to show a clear and deliberate intent on the part of the employee to discontinue employment without any intention of returning. Mere absence is not sufficient. [FRF Enterprise v. NLRC, GR 105998. Apr. 21, 1995]. Abatement. A reduction in some amount that is owed, usually granted by the person to whom the debt is owed. [Duhaime's Legal Dict., 2004]. Abatement of action. A suit which has been quashed and ended. [Jurist’s Legal Dict., 2004]. Abatement of a fire hazard. Any act that would remove or neutralize a fire hazard. [Sec. 3, PD 1185]. Abduction. 1. The taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her. [People v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
4 Crisostomo (46 Phil. 780)]. 2. Taking someone away from a place without that person's consent or by fraud. [Duhaime's Legal Dict., 2004]. See also Kidnapping. Aberratio ictus. Crim. Law. Lat. Mistake in the blow, characterized by aiming at one but hitting the other due to imprecision in the blow. [People v. Sabalones, GR 123485. Aug. 31, 1998]. Compare with Error in personae. Aberratio ictus. Also Error en la persona. Crim. Law. Lat. 1. Mistake in the identity of the victim. [People v. Pinto, GR 39519. Nov. 21, 1991]. 2. Miscarriage of the blow. [People v. Atillano, GR 109131-33. Oct. 3, 1994]. Abet. The act of encouraging or inciting another to do a certain thing, such as a crime. [Duhaime's Legal Dict., 2004]. Ability to read intelligently. The capacity to know or apprehend; to discover or understand by characters, marks, features, etc.; to gather the meaning. [Moreno’s Law Dict., 2000 Ed., p. 2]. Ab inconveniente. From hardship, from what is inconvenient. [Claridades,
A., Compilation 2001-2006].
of
Notes,
Ab initio. Lat. From the start (or beginning). [Duhaime's Legal Dict., 2004]. Abogado. Sp. Lawyer or attorney- at-law. That class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. [Cui v. Cui, GR L-18727. Aug. 31, 1964]. Abolition of a position. It does not involve or mean removal for the reason that removal implies that the post subsists and that one is merely separated therefrom. [Arao v. Luspo, 20 SCRA 722 (1967)]. Abortion. The knowing destruction of the life of an unborn child or the intentional expulsion or removal of an unborn child from the womb other than for the principal purpose of producing a live birth or removing a dead fetus. [Black's Law Dict., Abr., 5th Ed., p. 2]. Abortion. Elements: (a) That there is a pregnant woman who has suffered an abortion; (b) that the abortion is intended; and (c)
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
5 that the abortion is caused by (1) the pregnant woman herself; (2) any other person, with her consent; or (3) any of her parents, with her consent for the purpose of concealing her dishonor. [Under Art. 258, RPC].
About. Near in time, quantity, number, quality or degree. Substantially, approximately, almost, or nearly. [Moreno’s Law Dict., 2000 Ed., p. 3].
Abortionist. A person who criminally produces abortions, or one who follows the business or practices the crime of producing abortion. [Black's Law Dict., Abr., 5th Ed., p. 2].
Ab posse ad actu non vale illatio. Lat. "A proof that an act could have been done is no proof that it was actually done." [Roman Cath. Bishop of Malolos v. IAC, GR 72110. Nov. 16, 1990].
Abortion practiced by a physician or midwife and dispensing of abortives. Crim. Law. The felony committed by any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same, or by any pharmacist who, without the proper prescription from a physician, shall dispense any abortive. [Art. 259, RPC].
Abrasion. A scrapping or rubbing off. [Moreno’s Law Dict., 2000 Ed., p. 3].
Abortion practiced by the woman herself or by her parents. Crim. Law. The felony committed by a woman who shall practice abortion upon herself or shall consent that any other person should do so, or by the parents of the pregnant woman or either of them, and they act with the consent of said woman for
the purpose of concealing her dishonor. [Art. 258, RPC].
Absence. The legal status of a person who has absented himself from his domicile and whose whereabouts and fate are unknown, it not being known with certainty whether he is still living or not. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 260]. See Provisional absence and Declared absence. Absentee. A person whose whereabouts and existence are not known in the sense of the law allowing a subsequent marriage and for purposes of administration of the estate of the absentee and of succession. [Bench Book for Trial Court Judges, p. 3-4].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
6 Absentee voters, national registry of. The consolidated list prepared, approved and maintained by the Commission on Election (COMELEC), of overseas absentee voters whose applications for registration as absentee voters, including those registered voters who have applied to be certified as absentee voters, have been approved by the Election Registration Board. [Sec. 3, RA 9189]. Absentee voting. The process by which qualified citizens of the Philippines abroad exercise their right to vote. [Sec. 3, RA 9189]. Absent spouse. The prior spouse who had been absent for four (4) consecutive years and whom the spouse present reasonably believed to be already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Arts. 391 of the Civil Code, an absence of only two years shall be sufficient. [Navarro v. Domagtoy, AM MTJ-961088. July 19, 1996]. Absoluta sententia expositore non indiget. Lat. When the language of the law is clear, no explanation of it is required. [Moreno’s Law Dict., 2000 Ed., p. 3].
Absolute community, system of. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated and shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. [Arts. 88 and 91, FC]. Absolute indorsement. Nego. Inst. One by which the indorser binds himself to pay (a) upon no other condition than the failure of prior parties to do so; (b) upon due notice to him of such failure. [Claridades, A., Compilation of Notes, 20012006]. Absolutely privileged communication. One in respect of which, by reason of the occasion on which, or the matter in reference to which, it is made, no remedy can be had in a civil action, however hard it may bear upon a person who claims to be injured thereby, and even though, it may have been made maliciously. [Sison v. David, GR L-11268. Jan. 28, 1961, citing 33 Am. Jur. pp. 123- 124]. Compare with Conditionally or qualifiedly privileged communication.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
7 Absolute pardon. A pardon that reaches both the punishment prescribed for the offense and the guilt of the offender. When the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is an innocent as if he had never committed the offense. If granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity. [In re: Lontok 43 Phil. 293]. Compare with Conditional pardon. Absolute poverty. The condition of the household below the food threshold level. [Sec. 3, RA 8425]. Absolute simulation of a contract. 1. It takes place when the parties do not intend to be bound at all. [Art. 1345, CC]. 2. An absolutely simulated or fictitious contract is void. [Art. 1346, CC]. Absolute sovereign immunity. Rule that a foreign state is immune from all types of suits. [Intl. Law Dict. & Direct., 2004]. Absorb. It is synonymous with the words "assimilate" or "incorporate" and which,
in business parlance, means "to take over." [Razon v. Sec. of Labor, GR 85867. May 13, 1993, citing Webster's 3rd New Intl. Dict., 1966 Ed., p. 7]. Absorbed company. The constituent company whose corporate existence is dissolved as a result of the merger or consolidation. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. Absorbing or acquiring company. The surviving company, in case of merger, or the newly formed company, in case of consolidation. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. Abus de droit. Fr. Abuse of right. [Claridades, A., Compilation of Notes, 20012006]. Abuse. To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use. To make an extravagant or excessive use, as to abuse one's authority. [Salalima v. Guingona, GR 117589-92. May 22, 1996, citing Black's Law Dict., 5th Ed., p. 11]. Abuse of confidence or obvious ungratefulness.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
8 An aggravating circumstance under Art. 14 (4) of Rev. Penal Code which can be appreciated only if the following requisites are present: (a) The offended party had trusted the offender; (b) the offender abused such trust; and (c) such abuse facilitated the commission of the crime. [People v. Luchico, 49 Phil. 689]. See also Unfaithfulness. Abuse of judicial discretion. A discretion by a judge to an end or purpose not justified by and clearly against reason and evidence. [Moreno’s Law Dict., 2000 Ed., pp. 3-4]. Abuse of right. A person may be liable for harm caused by doing something which one, nevertheless, has a right to do, if the right was: (a) principally intended to cause harm; (b) or was used without a legitimate, interest justifying judicial protection; (c) or was used in bad faith; (d) or was contrary to basic rules of morality or fairness. [Tetley, Glossary of Conflict of Laws, 2004]. Abuse of right principle. Requisites: (a) The defendant should have acted in a manner that is contrary to morals, good customs or public policy; (b) the acts should be willful; and (c)
there was damage or injury to the plaintiff. [Custodio v. CA, GR 116100. Feb. 9, 1996, citing Jurado, Personal and Family Law, 1984 ed., 41]. Abuse of superiority. The taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. [People v. Apduhan, Jr., GR L-19491. Aug. 30, 1968]. Abuse of superior strength. 1. It contemplates a situation of strength notoriously selected or taken advantage of by an aggressor in the commission of the crime. [People v. Escoto, GR 91756, May 11, 1995, 244 SCRA 87]. 2. Abuse of superior strength can be appreciated only when there is a notorious inequality of forces between the victim and the aggressor. [People v. Daquipil, GR 86305-06, Jan. 20, 1995, 240 SCRA 314; People v. Patamama, GR 107938, Dec. 4, 1995, 250 SCRA 603]. Abuses against chastity. Crim. Law. The felony committed by: (a) any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
9 for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or (b) any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. [Art. 245, RPC]. Abusos deshonestos. Sp. Abuse of chastity. [US v. Mendez, GR L-6483. Mar. 11, 1911]. Academic failure. An academic subject in which the student has failed. [Moreno’s Law Dict., 2000 Ed., p. 4]. Academic freedom. The right of the school or college to decide for itself, its aims and objectives, and how best to attain them - free from outside coercion or interference save possibly when the overriding public welfare calls for some restraint. It has a wide sphere of autonomy certainly extending to the choice of students. [Univ. of San Agustin v. CA, GR 100588. Mar. 7, 1994]. Academic non-teaching personnel. Those persons holding some academic qualifications and performing academic
functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff. [Sec. 6, BP 232]. Accelerated judgment. See Summary judgment. Accelerated training. Basic skills training of a short-term nature for jobs with a defined level of qualifications. This usually refers to a rapid paced, condensed vocational training to fill immediate manpower needs. [Sec. 1, Rule 1, Book 2, IRR of LC]. Acceleration clause. 1. A clause which renders the whole debt due and demandable upon the failure of the obligor to comply with certain conditions. [Claridades, A., Compilation of Notes, 2001-2006]. 2. A clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately. This is a typical clause in a loan contract; miss one payment and the agreement to pay at regular intervals is voided and the entire amount becomes due and payable immediately. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
10 Acceptance. Civ. Law. 1. The manifestation by the offeree of his assent to the terms of the offer which must in other words meet or be identical at all points of the offer. [Diaz, Bus. Law Rev., 1991 Ed., p. 65]. 2. The taking and receiving of anything in good faith with the intention of retaining it. [Glossary of Legal Terms (Pro-Se), 2004]. Acceptance. 1. Nego. Inst. An acceptance completed by delivery or notification. [Sec. 191, NIL]. 2. Succ. The act by virtue of which an heir, legatee or devisee manifests his desire in accordance with the formalities prescribed by law to succeed to the inheritance, legacy or devise. 3. It may be an express acceptance made in a public or private document, or a tacit acceptance resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. [Art. 1049, CC]. Compare with Repudiation. Acceptance for honor. Nego. Inst. An undertaking by a stranger to a bill after protest for the benefit of any party liable thereon or for the honor of the person whose account the bill is drawn which acceptance inures also to the benefit of
all parties subsequent to the person for whose honor it is accepted, and conditioned to pay the bill when it becomes due if the original drawee does not pay it. [Claridades, A., Compilation of Notes, 2001-2006]. Acceptance of a bill. Nego. Inst. The signification by the drawee of his assent to the order of the drawer; this may be done in writing by the drawee in the bill itself, or in a separate instrument. [Prudential Bank v. IAC, GR 74886. Dec. 8, 1992]. Accepted unilateral promise. An offer which specifies the thing to be sold and the price to be paid and, when coupled with a valuable consideration distinct and separate from the price, is what may properly be termed a perfected contract of option. This contract is legally binding, and in sales, it conforms with the second paragraph of Art. 1479 of the Civil Code. [Equatorial Realty v. Mayfair Theater, GR 106063. Nov. 21, 1996]. Access device. Any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
11 other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument). [Sec. 3, RA 8484]. Access device fraudulently applied for. Any access device that was applied for or issued on account of the use of falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation. [Sec. 3, RA 8484]. Access Devices Regulation Act of 1998. RA 8484 entitled “An Act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties and for other purposes” enacted on Feb. 11, 1998. Accessio cedit principali. Lat. The accessory follows the principal. [Claridades, A., Compilation of Notes, 20012006]. Accession. 1. Intl. Law. The process whereby a nonsignatory State later becomes a party to a treaty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 10611062]. 2. Property. The right
to all which one’s own property produces, and the right to that which is united to it by accession, either naturally or artificially. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 6]. Accession continua. The acquisition of ownership over a thing incorporated to that which belongs to the owner. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 98]. Accession discreta. The extension of the right of ownership to the products of a thing. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 98]. Accessions. Fruits of a thing or additions or improvements upon a thing, or the right pertaining to the owner of a thing over its products and whatever is incorporated thereto, either naturally or artificially. [Diaz, Bus. Law Rev., 1991 Ed., p. 5]. Accessories. Property. Things joined to the principal thing for the latter’s embellishment or to make the latter more perfect. [Diaz, Bus. Law Rev., 1991 Ed., p. 5]. Accessory. Crim. Law. 1. A person who, having knowledge of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
12 commission of the crime, and without having participated therein, either as a principal or an accomplice, takes part subsequent to its commission by concealing or destroying the body of the crime, or the effects or instruments thereof in order to prevent its discovery. [Art. 19, RPC]. 2. A person who assists in the commission of a crime, either before or after the fact. [Jurist’s Legal Dict., 2004]. Accessory obligation. An obligation attached to a principal obligation in order to complete the same or take its place in the case of breach. [SSS v. Moonwalk, GR 73345. Apr. 7, 1993, citing 4 Puig Peña Part 1 p. 76]. Accident. An event that takes place without one's foresight or expectation, an event that proceeds from an unknown cause, or is an unusual effect of a known case, and therefore not expected. An accident is an event which happens without any human agency or, if happening through human agency, an event which, under the circumstances, is unusual to and not expected by the person to whom it happens. It has also been defined as an injury which happens by reason of some violence or
casualty to the insured without his design, consent, or voluntary cooperation. [Sun Ins. v. CA, GR 92383. July 17, 1992]. Accident. Elements: (a) performance of a lawful act; (b) with due care; (c) producing an injury by mere accident; and (d) without any fault or intention of causing it. [People v. Utrela, GR L-38172. July 15, 1981, citing Art. 12, RPC]. Accidental. That which happens by chance or fortuitously, without intention and design and which is unexpected, unusual and unforeseen. [Moreno, Phil. Law Dict., 1972 Ed., p. 7, citing De La Cruz v. Capital Ins., 17 SCRA 559]. Accidental spills. Spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding. [Sec. 62, PD 1152]. Accident insurance. Casualty insurance.
See
Acción de reivindicacion. See Acción reivindicatoria. Acción in Requisites:
rem versum. (a) One party
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
13 must be enriched and the other made poorer; (b) there must be a casual relation between the two; (c) the enrichment must not be justifiable; (d) there must be no other way to recover; and (e) the indemnity cannot exceed the loss or enrichment, whichever is less. [Under Art. 22, CC]. Acción interdictal. Accion publiciana.
See
Acción pauliana. Rescissory action. 1177 and 1381, CC].
Also [Arts.
Acción publiciana. Also Acción interdictal. 1. The plenary action to recover the right of possession when dispossession was effected by means other than those mentioned in Rule 70 of the Rules of Court. Under these circumstances, a plenary action may be brought before the RTC. [Jalbuena De Leon v. CA, GR 96107. June 19, 1995]. 2. Action where plaintiff merely alleges proof of a better right to possess without claim of title. [Javier v. Veridiano, GR L-48050. Oct. 10, 1994]. Acción quanti minoris or estimatoria. An action to demand a proportionate reduction of the price, with damages. [Art. 1567, CC].
Acción reinvindicatoria. Also Acción de reinvindicacion. 1. An action to recover ownership, including the recovery of possession, which should be filed in the RTC. [Jalbuena De Leon v. CA, GR 96107. June 19, 1995]. 2. Action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. [GR L-48050. Oct. 10, 1994 ]. Acción subrogatoria. Also Subrogatory action. [Art. 1177, CC; See also Arts. 1729 and 1893, CC]. Accommodation. Nego. Inst. A legal arrangement under which a person called the accommodation party lends his name and credit to another without any consideration. [Claridades, A., Compilation of Notes, 2001-2006]. Accommodation guarantor. Nego. Inst. A person who signs on the back of a note as such and who is therefore only secondarily liable. [Moreno’s Law Dict., 2000 Ed., p. 7]. Accommodation maker. Nego. Inst. A person primarily liable on the instrument, even though he adds the word “surety” to his signature or the fact that he signed for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
14 accommodation is known to the holder. [Moreno’s Law Dict., 2000 Ed., p. 7]. Accommodation note. Nego. Inst. A note to which the accommodating party has put his name without consideration for the purpose of accommodating some other party who is to use it and is expected to pay it. [Maulini v. Serrano, GR 8844. Dec. 16, 1914]. Accommodation party. Nego. Inst. 1. A person one who has signed an instrument as maker, drawer, acceptor of indorser without receiving value therefor, but is held liable on the instrument to a holder for value although the latter knew him to be only an accommodation party. [Sec. 29, NIL]. 2. A person liable on the instrument to a holder for value, notwithstanding such holder, at the time of the taking of the instrument knew him to be only an accommodation party. In lending his name to the accommodated party, the accommodation party is in effect a surety for the latter. He lends his name to enable the accommodated party to obtain credit or to raise money. He receives no part of the consideration for the instrument but assumes liability to the other parties thereto because he wants to
accommodate another. [Phil. Bank of Commerce v. Aruego, 102 SCRA 530, 539, 540]. Accommodation party. Requisites: To be an accommodation party, a person must (a) be a party to the instrument, signing as maker, drawer, acceptor, or indorser, (b) not receive value therefor, and (c) sign for the purpose of lending his name for the credit of some other person. [Crisologo-Jose v. CA, GR 80599. Sep. 15, 1989]. Accomplice. 1. A person who, not being principal as defined in Art. 17 of the Rev. Penal Code, cooperates in the execution of the offense by previous or simultaneous acts [Art. 18, RPC]. 2. A partner in a crime; A person who knowingly and voluntarily participates with another in a criminal activity. [Glossary of Legal Terms (Pro-Se), 2004]. Accomplice. Requisites to be considered as such: (a) Community of design, i.e., knowing that criminal design of the principal by direct participation, he concurs with the latter in his purpose; (b) he cooperates in the execution of the offense by previous or simultaneous acts; and, (c) there must be a relation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
15 between the acts done by the principal and those attributed to the person charged as accomplice. [People v. Jorge, GR 99379. Apr. 22, 1994]. Accord. See Agreement. Accountancy practice. It shall constitute in a person, be it in his individual capacity, or as a partner or staff member in an accounting or auditing firm, holding out himself as one skilled in the knowledge, science, and practice of accounting, and as qualified to render professional services as a certified public accountant; or offering or rendering, or both, to more than one client on a fee basis or otherwise, services such as the audit or verification of financial transactions and accounting records; the preparation, signing, or certification for clients of reports of audit, balance sheets, and other financial accounting and related schedules, exhibits, statements, or reports which are to be used for publication or for credit purposes, or to be filed with a court or government agency, or to be used for any other purpose; the installation and revision of accounting system, the preparation of income tax returns when related to
accounting procedures; or when he represents clients before government agencies on tax matters related to accounting or renders professional assistance in matters relating to accounting procedures and the recording and presentation of financial facts or data. [Sec. 3, PD 692]. Account stated. An account rendered to a debtor who receives it without objection and who promises to pay it. As such, its correctness can no longer be impeached except for fraud and mistake. [Moreno’s Law Dict., 2000 Ed., p. 8]. Accredit. To acknowledge. [GSIS v. CSC, GR 98395. Oct. 28, 1994]. Accredited dual training system agricultural, industrial and business establishments. Also Agricultural, industrial and business establishments. A sole proprietorship, partnership, corporation or cooperative which is duly recognized and authorized by the appropriate authority to participate in the dual training system educational institution. [Sec. 4, RA 7686].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
16 Accredited dual training system educational institution/training center. A public or private institution duly recognized and authorized by the appropriate authority, in coordination with the business and industry, to participate in the dual training system. [Sec. 4, RA 7686]. Accredited employees' organization. A registered organization of the rank-andfile employees recognized to negotiate for the employees in an organizational unit headed by an officer with sufficient authority to bind the agency. [EO 180]. Accretion. Intl. Law. The increase in the land area of the state, either through natural means or artificially through human labor. [Sandoval, Pol. Law Reviewer 2003]. Accretion. Property. 1. A mode of acquiring property under Art. 457 of the Civil Code. 2. The increase or accumulation of land by natural causes, as out of a lake or river. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The imperceptible and gradual addition to land by the slow action of water. [Duhaime's Legal Dict., 2004]. Intl. Law. 2. A mode of adding to the territory of a
state by natural process, such as the gradual deposit of soil on the coast through the action of the water, or by human labor, as exemplified by the reclamation projects on Manila Bay and the polders of the Netherlands. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 71]. See Alluvion. Accretion. Property. Requisites: (a) That the deposition of soil or sediment be gradual and imperceptible; (b) that it be the result of the action of the waters of the river (or sea); and (c) that the land where accretion takes place is adjacent to the banks or rivers (or the sea coast). [Meneses v. CA, 246 SCRA 374 (1995)]. Accretion. Succ. A right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, codevisees, or co-legatees. [Art. 1015, CC]. Accumulated depreciation on appraisal. Also termed as Observed depreciation. The accumulated depreciation based on the appraised or appraisal value
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
17 per appraiser's report. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Accused. The name for the defendant in a criminal case. [Jurist’s Legal Dict., 2004]. Acknowledged natural children. Natural children duly acknowledged or recognized by the father and mother jointly, or by only one of them. [Claridades, A., Compilation of Notes, 20012006]. Acknowledgment. A formal declaration before an authorized official by the person who executed an instrument that it is his free act and deed; the certificate of the official on such instrument attesting that it was so acknowledged. [Glossary of Legal Terms (Pro-Se), 2004]. A
contrario. Lat. On the contrary. [People v. Flores, 237 SCRA 662].
A contrario sensu. Lat. From the contrary sense. [Claridades, A., Compilation of Notes, 2001-2006]. A converso. Lat. Conversely. [Claridades, A., Compilation of Notes, 2001-2006]. Acquiescence. 1. Action or inaction which binds a person legally even though it
was not intended as such. [Duhaime's Legal Dict., 2004]. 2. Allowing too much time to pass since a person had knowledge of an event which may have allowed him to have legal recourse against another, implying that he waived his rights to that legal recourse. [Claridades, A., Compilation of Notes, 2001-2006]. Acquire. To gain by any means, usually by one’s own exertions. To take on as a part of one’s nature or qualifications. To attain, procure, win, earn, secure or obtain. [Moreno’s Law Dict., 2000 Ed., p. 9]. Acquired asset corporation. A corporation: (a) which is under private ownership, the voting or outstanding shares of which were: (i) conveyed to the Government or to a government agency, instrumentality or corporation in satisfaction of debts whether by foreclosure of otherwise, or (ii) duly acquired by the Government through final judgment in a sequestration proceeding; or (b) which is a subsidiary of a government corporation organized exclusively to own and manage, or lease, or operate specific physical assets acquired by a government financial institution in satisfaction of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
18 debts incurred therewith, and which in any case by law or by enunciated policy is required to be disposed of to private ownership within a specified period of time. [Sec. 2, RA 7656]. Acquired Immune Deficiency Syndrome (AIDS). A condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body's immune system, making the afflicted individual susceptible to other lifethreatening infections. [Sec. 3, RA 8504]. Acquisitive prescription. Civ. Law. The acquisition of ownership and other real rights through the lapse of time. [Claridades, A., Compilation of Notes, 20012006]. Acquisitive prescription. Civ. Law. Requisites: For prescription to set in, the possession must be: (a) adverse, (b) continuous, (c) public and (d) to the exclusion of all. [Corpuz v. Padilla, GR L-18099 & L18136. July 31, 1962]. Acquittal. 1. It is always based on the merits, that is, the defendant is acquitted because the evidence does
not show that defendant's guilt is beyond reasonable doubt; but dismissal does not decide the case on the merits or that the defendant is not guilty. [Malanyaon v. Lising, GR L-56028. July 30, 1981]. 2. The legal certification of the innocence of a person who has been charged with a crime, setting the person free from a charge of guilty by a finding of not guilty. [Jurist’s Legal Dict., 2004]. 3. A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Dismissal. Act. Crim. Law. As used in Art. 3 of the Rev. Penal Code, the term must be understood as "any bodily movement tending to produce some effect in the external world." [People v. Gonzales, GR 80762. Mar. 19, 1990]. Act. Intl. Law. Sometimes termed a Final act or Protocol de cloture, it is an instrument which records the summary of a diplomatic conference. It reproduces the treaties, conventions or resolutions agreed upon by the participants of the conference. This is also termed as a General act. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
19 Act. Pol. Law. 1. An expression of will or purpose. It may denote something done as a legislature, including not merely physical acts, but also decrees, edicts, laws, judgments, resolves, awards, and determinations. [Garcia v. Comelec, GR 111230. Sep. 30, 1994, citing Black’s Law Dict., 5th Ed., p. 24]. 2. A bill which has passed through the various legislative steps required for it and which has become law, as in an act of Congress. Synonymous to Statute, Legislation or Law. [Duhaime's Legal Dict., 2004]. Acta jure gestionis. Lat. Acts by right of management. [Claridades, A., Compilation of Notes, 2001-2006]. Acta jure imperii. Lat. Acts by right of dominion. [Claridades, A., Compilation of Notes, 2001-2006]. Acting. Holding a temporary rank or position, or performing services temporarily. [Moreno’s Law Dict., 2000 Ed., p. 10]. Action. Rem. Law. 1. An ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong. [Sec. 1,
Rule 2, RoC]. 2. It includes counterclaim, set-off, and suits in equity as provided by law. [Sec. 58, Act 2137]. 3. The legal demand of one's right, or rights; the lawful demand of one's rights in the form given by law; a demand of a right in a court of justice; the lawful demand of one's right in a court of justice; the legal and formal demand of one's rights from another person or party, made and insisted on in a court of justice; a claim made before a tribunal; an assertion in a court of justice of a right given by law; a demand or legal proceeding in a court of justice to secure one's rights; the prosecution of some demand in a court of justice; the means by which men litigate with each other; the means that the law has provided to put the cause of action into effect. [Gutierrez Hermanos v. De la Riva, 46 Phil. 827, 834-835]. Actionable document. Rem. Law. A written instrument upon which the action or defense is based. [Sec. 7, Rule 8, RoC]. Actionable negligence. A violation of the duty to use care. [Moreno’s Law Dict., 2000 Ed., p. 11]. Actionable wrong. A violation of law. [Vales v. Villa, 35 Phil. 788].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
20 Action for reconveyance. Rem. Law. A legal remedy granted to a rightful owner of land wrongfully or erroneously registered in the name of another to compel the latter to reconvey the land to him. [Esconde v. Barlongay, 152 SCRA 603 (1987)]. Action in ejectment. Rem. Law. The term includes a suit of forcible entry (detentacion) or unlawful detainer (desahucio). [Sering v. Plazo, GR L-49731. Sep. 29, 1988]. Action quasi in rem. Rem. Law. An action which while not strictly speaking an action in rem partakes of that nature and is substantially such. . . . The action quasi in rem differs from the true action in rem in the circumstance that in the former an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property. All proceedings having for their sole object the sale or other disposition of the property of the defendant, whether by attachment, foreclosure, or other form of remedy, are in a general way thus designated. The judgment entered in these proceedings is conclusive
only between the parties. [Banco Español Filipino v. Palanca, 37 Phil. 921, 928 (1918)]. Actio or action in personam. Lat. Rem. Law. 1. A personal action seeking redress against a particular individual. An action against a person on the basis of his personal liability. [Hernandez v. Rural Bank of Lucena, 76 SCRA 85]. 2. An action against the person, founded on a personal liability. In contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property. [Jurist’s Legal Dict., 2004]. Actio or action in rem. Lat. Rem. Law. 1. An action for the recovery of the very thing. An action against the thing itself, instead of against the person. [Hernandez v. Rural Bank of Lucena, 76 SCRA 85]. 2. Proceeding against the thing as compared to personal actions (in personam). Usually a proceeding where property is involved. [Jurist’s Legal Dict., 2004]. Actio personalis moritur cum persona; actio personalis in haeredem non datur, nisi forte ex damno locupletior haeres factus sit. Lat. A personal right of action dies with the person. A penal action is not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
21 given against an heir, unless, indeed, such heir is benefited by the wrong. [Petralba v. Sandiganbayan, GR 81337. Aug. 16, 1991]. Active fishing gear. A fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bag nets, paaling, drift gill net and tuna longline. [Sec. 4, RA 8550]. Active ingredient. The chemical component responsible for the claimed therapeutic effect of the pharmaceutical product. [Sec. 3, RA 6675]. Active mining area. Areas under actual exploration, development, exploitation or commercial production as determined by the DENR Sec. after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claim owner and/or under contract with an operator, but in no case to exceed the maximum area allowed by law. [Sec. 3, RA 7076].
Active search. A prying into hidden places for that which is concealed. [Padilla v. CA, GR 121917. Mar. 12, 1997, citing Black's Law Dict., Rev. 4th Ed.]. Active solidarity. It consists in the authority of each creditor to claim and enforce the rights of all, with the resulting obligation of paying every one what belongs to him; there is no merger, much less a renunciation of rights, but only mutual representation. [Quiombing v. CA, GR 93010. Aug. 30, 1990, citing Tolentino, Civil Code of the Phil., Vol. IV, 85 Ed., p. 228]. It is a kind of solidarity where there are several creditors and only one debtor. [Diaz, Bus. Law Rev., 1991 Ed., p. 24]. Compare with Passive solidarity. Active subject. The person who can demand the performance of the obligation, otherwise known as the creditor or obligee. [Torres, Oblig. & Cont., 2000 Ed., p. 24]. Compare with Passive subject. Activist school. Group of Third World theorists who argue that international law reflects the interests of developed states to the detriment of developing states and who advocate action by the latter to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
22 change it. [Intl. Law Dict. & Direct., 2004]. Act of God. An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever. Insurance contracts often exclude “Acts of God” from the list of insurable occurrences as a means to waive their obligations for damage caused by typhoons, floods or earthquakes. [Duhaime's Legal Dict., 2004]. Act of God doctrine. The doctrine embodying the principle that strictly requires that the act must be one occasioned exclusively by the violence of nature and all human agencies are to be excluded from creating or entering into the cause of the mischief. When the effect, the cause of which is to be considered, is found to be in part the result of the participation of man, whether it be from active intervention or neglect, or failure to act, the whole occurrence is thereby humanized, as it were, and removed from the rules applicable to the acts of God. [Napocor v. CA, GR 103442-45. May 21, 1993, citing 1 Corpus Juris, pp. 1174-1175].
Act of state doctrine. Doctrine that the act of a government within the boundaries of its own territory is not subject to judicial scrutiny in a foreign municipal court. A municipal court will decline to hear a dispute based on such acts if to do so would interfere with the conduct of the forum state's foreign policy. [Intl. Law Dict. & Direct., 2004]. Acts by right of dominion. Acta jure imperii. Activities of a governmental or public nature carried out by a foreign State or one of its subdivisions, which qualify for State immunity under the modern doctrine of restrictive foreign sovereign immunity. [Tetley, Glossary of Conflict of Laws, 2004]. Acts by right of management. Acta jure gestionis. Activities of a commercial nature carried out by a foreign State or one of its subdivisions or agencies, which acts are not immune from the jurisdiction and process of local courts under the modern doctrine of restrictive foreign sovereign immunity. [Tetley, Glossary of Conflict of Laws, 2004]. Acts contra bonus mores. Elements: (a) There is an act which is legal; (b) but which is contrary to morals, good
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
23 custom, public order, or public policy; (c) and it is done with intent to injure. [Albenson Enterprises Corp. v. CA, GR 88694. Jan. 11, 1993]. Acts mala in se. Crim. Law. Acts wrong in themselves. In acts mala in se, the intent governs. [Dunlao v. CA, GR 111343. Aug. 22, 1996, citing Sangco, Crim. Law, Vol. I, Book 1, 1979, p. 90]. Acts mala prohibita. Crim. Law. Acts which would not be wrong but for the fact that positive law forbids them. In cats mala prohibita, the only inquiry is, has the law been violated? [Gardner v. People, 62 N.Y., 299, cited in US v. Go Chico, 14 Phil. 134]. Acts merely tolerated. Those which by reason of neighborliness or familiarity, the owner of property allows his neighbor or another person to do on the property; they are generally those particular services or benefits which one's property can give to another without material injury or prejudice to the owner who permits them out of friendship or courtesy. [Sarona v. Villegas, GR L22984. Mar. 27, 1968, citing II Tolentino, Civil Code of the Phil., 1963, ed., p. 227, in turn citing 1 Ruggiero 843].
Acts of lasciviousness. Crim. Law. The felony committed by any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in Art. 335 of the Rev. Penal Code. [Art. 336, RPC]. Act tending to prevent the meeting of the Assembly and similar bodies. Crim. Law. The felony committed by any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. [Art. 143, RPC, as reinstated by EO 187]. Actual. Something real, or actually existing, as opposed to something merely possible, or to something which is presumptive or constructive. [Moreno, Phil. Law Dict., 3rd Ed., p. 26 citing Salaysay v. Ruiz Castro, 98 Phil. 385 (1956)]. Actual case. Also Actual controversy. An existing case or controversy that is appropriate or ripe for determination, not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
24 conjectural or anticipatory. [Garcia v. Exec. Sec., 204 SCRA 516, 522 (1991)]. Actual damages. Also Compensatory damages. Adequate compensation to which a person is entitled only for such pecuniary loss suffered by him as he has duly proved, except as provided by law or by stipulation [Art. 2199, CC]. Actual delivery. Also Real delivery. 1. The placement of the thing sold in the control and possession of the vendee. [Art. 1497, CC]. 2. Delivery where physical possession is given to the vendee or his representative. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993, citing Black's Law Dict. 515-516 (4th Ed.)]. 3. Sales. The ceding of corporeal possession by the seller, and the actual apprehension of corporeal possession by the buyer or by some person authorized by him to receive the goods as his representative for the purpose of custody or disposal. [Moreno, Phil. Law Dict., citing Andrada v. Argel, 65 OG 1054]. Compare with Constructive delivery. Actual fraud. 1. Intentional fraud; it consists in deception, intentionally practiced to induce another
to part with property or to surrender some legal right, and which accomplishes the end designed. [Berico v. CA, GR 96306. Aug. 20, 1993]. 2. The intentional omission of fact required by law to be stated in the application or willful statement of a claim against truth. It may also constitute specific acts intended to deceive or deprive another of his right, but lack of actual notice of the proceedings does not itself establish fraud. [Albano, Civil Law Reviewer, Rev. Ed., p. 524, citing Alba v. Dela Cruz, 17 Phil. 49]. Compare with Constructive fraud. Actual loss. Mar. Ins. A loss may be presumed from the continued absence of a ship without being heard of. The length of time which is sufficient to raise this presumption depends on the circumstances of the case. [Sec. 132, IC]. Actual possession. Possession as a fact or physical possession. [Moreno’s Law Dict., 2000 Ed., p. 12]. Compare with Constructive possession. Actual service. The period of time for which pay has been received, excluding period covered by terminal leave. [Sec. 3, PD 985].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
25 Actual total loss. Ins. Loss caused by: (a) a total destruction of the thing insured; (b) the irretrievable loss of the thing by sinking, or by being broken up; (c) any damage to the thing which renders it valueless to the owner for the purpose for which he held it; or (d) any other event which effectively deprives the owner of the possession, at the port of destination, of the thing insured. [Sec. 130, IC]. Compare with Constructive total loss. Actual use. The purpose for which the property is principally or predominantly utilized by the persons in possession of the property. [Sec. 3, PD 464]. Actus ipsa loquitur. Lat. Let the act speak for itself. [Moreno’s Law Dict., 2000 Ed., p. 12]. Actus me invito factus non est meus actus. Lat. An act done by me against my will is not my act. [People v. Salvatierra, GR 111124. June 20, 1996]. Actus non facit reum, nisi mens sit rea. Lat. An act is not criminal unless the mind is criminal. [People v. Quijada, GR 115008-09. July 24, 1996].
Acute conjunctivitis. Sore eyes. [Moreno’s Law Dict., 2000 Ed., p. 12]. Ada. Customary law. [Art. 7, PD 1083 (Code of Muslim Personal Laws of the Philippines)]. Addendum. An attachment to a written document. [Duhaime's Legal Dict., 2004]. Additional evidence. Such evidence allowed to be offered (a) when it is newly discovered, or (b) where it has been omitted through inadvertence or mistake, or (c) where the purpose of the evidence is to correct evidence previously offered. [Lopez v. Liboro, GR L-1787. Aug. 27, 1948, citing I Moran's Comments on the Rules of Court, 2d Ed., 545; 64 CJ, 160-163]. Address. The direction for delivery of a letter; the name or description of a place of residence, business, etc., where a person may be found or communicated with. [Lim Sih Beng v. Rep., GR L-23387. Apr. 24, 1967, citing 2 Words and Phrases, (p. 529)]. Addressee. A person who is intended by the originator to receive the electronic data message or electronic document, but does not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
26 include a person acting as an intermediary with respect to that electronic data message or electronic data document. [Sec. 5, RA 8792]. Adequate remedy. A remedy which is equally beneficial, speedy and sufficient, not merely a remedy which at some time in the future will bring about a revival of the judgment of the lower court complained of in the certiorari proceeding, but a remedy which will promptly relieve the petitioner from the injurious effects of that judgment and the acts of the inferior court or tribunal. [Silvestre v. Torres, 57 Phil. 885, 11 CJ., p. 113]. Adherence to the enemy. The act of a citizen of favoring the enemy and harboring sympathies or convictions disloyal to his country’s policy or interest. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 363, citing Cramer v. US, 65 Sup. Crt. 918]. Adhesion contract. 1. A contract in which one of the parties imposes a readymade form of contract, which the other party may accept or reject, but which the latter cannot modify. [PCIBank v. CA, GR 97785. Mar. 29, 1996, citing
Tolentino, Civil Code of the Phil., Vol. IV (1986), p. 506]. 2. A fine-print consumer form contract which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to it's terms, and which, typically, sets out the terms and conditions of the sale, usually to the advantage of the seller. [Duhaime's Legal Dict., 2004]. Ad hoc. Lat. For this purpose; for a specific purpose. [Duhaime's Legal Dict., 2004]. Ad infinitum. Lat. Forever; without limit; indefinitely. [Duhaime's Legal Dict., 2004]. Ad interim. In the meantime or for the time being. Thus, an officer ad interim is one appointed to fill a vacancy, or to discharge the duties of the office during the absence or temporary incapacity of its regular incumbent. [PLM v. IAC, GR L-65439. Nov. 13, 1985, citing Black's Law Dict., Rev. 4th Ed., 1978]. Ad-interim appointment. 1. The appointment that the President may make during the recess of the Congress, or those made during a period of time from the adjournment of the Congress to the opening session,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
27 regular or special, of the same Congress. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. 2. An appointment made by the President while Congress is not in session. It takes effect immediately but ceases to be valid if disapproved by the Commission on Appointments or upon the next adjournment of Congress. Compare with Regular appointment. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 393]. Adjective or procedural law. That body of law which governs the process of protecting the rights under substantive law. [Glossary of Legal Terms (Pro-Se), 2004]. See also Remedial law. Adjournment. Pol. Law. During a session of Congress, mere temporary suspension of business from day to day, or for such brief periods of time as are agreed upon by the joint action of the two houses. [Aytona v. Castillo, GR L19313. Jan. 19, 1962]. Compare with Recess. Adjudge. 1. To pass on judicially, to decide, settle or decree, or to sentence or condemn. The term implies a judicial determination of a fact, and the entry of a judgment. [Cariño v. CHR, GR 96681. Dec. 2, 1991].
Adjudicate. To settle in the exercise of judicial authority. To determine finally. Synonymous with “adjudge” in its strictest sense. [Cariño v. CHR, GR 96681. Dec. 2, 1991]. Adjudication. Civ. Law. See Dacion en pago or Dation in payment. Adjudication. Rem. Law. 1. The rendition of a judgment or final order which disposes of the case on the merits. [Bench Book for Trial Court Judges, p. 2-40]. 2. Giving or pronouncing a judgment or decree. Also the judgment given. [Glossary of Legal Terms (Pro-Se), 2004]. 3. A judgment; giving or pronouncing judgment in a case. Determination in the exercise of judicial power. [Bouvier's Law Dict. 3rd Revision (8th Ed.)]. Adjudication or judgment on the merits. A judgment which determines the rights and liabilities of the parties based on the disclosed facts, irrespective of formal, technical or dilatory objections. It is not necessary, however, that there should have been a trial. If the judgment is general, and not based on any technical defect or objection, and the parties had a full legal opportunity
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
28 to be heard on their respective claims and contentions, it is on the merits although there was no actual hearing or arguments on the facts of the case. [Mendiola v. CA, GR 122807. July 5, 1996]. Adjunction. Conjunction.
See
Ad litem. Lat. For the suit. A person appointed only for the purposes of prosecuting or defending an action on behalf of another such as a child or mentally-challenged person. Also called a Guardian ad litem. [Duhaime's Legal Dict., 2004]. Administer. Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication. [Sec. 3, RA 9165]. Administering injurious substances or beverages. Crim. Law. The felony committed by any person who, without intent to kill,
shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. [Art. 264, RPC]. Administration. The aggregate of those persons in whose hands the reins of government are for the time being (the chief ministers or heads of departments). [US v. Dorr, GR 1051. May 19, 1903, citing Bouvier Law Dict., 89l]. Compare Government. Administrative. The term connotes, or pertains, to administration, especially management, as by managing or conducting, directing or superintending, the execution, application, or conduct of persons or things. [Univ. of Nueva Caceres v. Martinez, GR L-31152. Mar. 27, 1974, citing Fluet v. McCabe, 12 N.E. 2d. 93]. Administrative act. Any action including decisions, omissions, recommendations, practices, or procedures of an administrative agency. [Sec. 9, PD 1487]. Administrative adjudicatory power. See Quasi-judicial power.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
29 Administrative agencies. Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor. [Glossary of Legal Terms (Pro-Se), 2004]. Administrative agency. Any department or other governmental unit including any government-owned or controlled corporation, any official, or any employee acting or purporting to act by reason of connection with the government but it does not include (a) any court or judge, or appurtenant judicial staff; (b) the members, committees, or staffs of the National Assembly; or (c) the President or his personal staff, or (4) the members of the Constitutional Commissions and their personal staffs. [Sec. 9, PD 1487]. Administrative Code of 1987. EO 292 signed into law on July 25, 1987. Administrative due process. Requisites: (a) The right to a hearing which includes the right of the party interested or affected to present his own case and submit evidence in support thereof; (b) the tribunal must consider the evidence
presented; (c) the decision must have something to support itself; (d) the evidence must be substantial; (e) the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; (f) The tribunal or body or any of its judges, therefore, must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision; and (g) the board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered. [Cruz, Constl. Law, 1998 Ed., p. 119, citing, Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Compare with Judicial due process. Administrative feasibility. Taxation. The capability of a tax system of being effectively enforced. [Claridades, A., Compilation of Notes, 2001-2006]. Administrative functions. 1. The executive machinery of government and the performance by that machinery of governmental acts. It refers to the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
30 management actions, determinations, and orders of executive officials as they administer the laws and try to make government effective. There is an element of positive action, of supervision or control. [In Re: Manzano, AM 88-7-1861RTC. Oct. 5, 1988]. 2. Those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence [Nasipit Integrated Arrastre v. Tapucar, SP-07599-R, 29 Sep. 1978, Black's Law Dict.]. Administrative law. 1. That law which fixes the organization and determines the competence of the administrative authorities and which regulates the methods by which the functions of the government are performed. [Suarez, Stat. Con., (1993), p. 38]. 2. That body of law which applies for hearings before quasijudicial or administrative tribunals. [Duhaime's Legal Dict., 2004]. Administrative supervision. 1. The authority of the department
or its equivalent to generally oversee the operations of such agencies and to insure that they are managed effectively, efficiently and economically but without interference with day-to-day activities; or require the submission of reports and cause the conduct of management audit, performance evaluation and inspection to determine compliance with policies, standards and guidelines of the department; to take such action as may be necessary for the proper performance of official functions, including rectification of violations, abuses and other forms of misadministration; and to review and pass upon budget proposals of such agencies but may not increase or add to them. [Sec. 38, Chap. 6, EO 292]. 2. The power or authority of an officer or body to oversee that subordinate officers of bodies perform their assigned duties and functions in accordance with law. [Claridades, A., Compilation of Notes, 20012006]. Administrative tribunal. Hybrid adjudicating authorities which straddle the line between government and the courts. Between routine government policy decision-making bodies and the traditional
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
31 court forums lies a hybrid, sometimes called a tribunal or administrative tribunal and not necessarily presided by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is quasi-judicial because it directly affects the legal rights of a person. Administrative tribunals are often referred to as Commission, Authority or Board. [Duhaime's Legal Dict., 2004]. Administrator. 1. The person entrusted with the care, custody and management of the estate of a deceased person until the estate is partitioned and distributed to the heirs, legatees and devisees, if any. [Bench Book for Trial Court Judges, p. 3-2]. 2. A person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate. Female administrators are called Administratrix. An administrator is a Personal representative. [Duhaime's Legal Dict., 2004]. Administratrix. Lat. Female administrator. [Claridades,
A., Compilation 2001-2006].
of
Notes,
Admiralty or maritime law. 1. That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea, etc. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The law and court with jurisdiction over maritime affairs in general. [Intl. Law Dict. & Direct., 2004]. Admissible evidence. 1. Evidence which is relevant to the issue and is not excluded by law or by the Rules of Court. [Claridades, A., Compilation of Notes, 20012006]. 2. Evidence that can be legally and properly introduced in a civil or criminal trial. [Glossary of Legal Terms (Pro-Se), 2004]. Admission. Evid. 1. The act, declaration or omission of a party as to a relevant fact which may be given in evidence against him. [Sec. 26, Rule 130, RoC]. 2. A statement tending to establish the guilt or liability of the person making the statement. [Jurist’s Legal Dict., 2004]. Compare with Confession. Admission by conspirator. Evid. The act or declaration of a conspirator relating to the conspiracy and during its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
32 existence, which may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration. [Sec. 30, Rule 130, RoC]. Admission by conspirator. Evid. Requisites: (a) that the conspiracy be first proved by evidence other than the admission itself; (b) that the admission relates to the common objects; and (c) that it has been made while the declarant was engaged in carrying out the conspiracy. [People v. Surigawan, GR 83215. Dec. 15, 1993]. Admission by co-partner or agent. Evid. The act or declaration of a partner or agent of the party within the scope of his authority and during the existence of the partnership or agency, which may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party. [Sec. 29, Rule 130, RoC]. Admission by privies. Evid. The act, declaration, or omission of one from whom another derives title to
property, while holding the title, in relation to the property, which may be given in evidence against the latter. [Sec. 31, Rule 130, RoC]. Admission by silence. Evid. 1. An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, which may be given in evidence against him. [Sec. 30, Rule 132, RoC]. Admission by silence. Evid. Requisites: (a) That he heard and understood the statement; (b) that he was at liberty to interpose a denial; (c) that the statement was in respect to some matter affecting his rights or in which he was then interested, and calling, naturally, for an answer; (d) that the facts were within his knowledge; and (e) that the fact admitted or the inference to be drawn from his silence would be material to the issue. [People v. Paragsa, GR L-44060. July 20, 1978, citing IV Francisco, The Rev. Rules of Court in the Phil., 1973 Ed., p. 316].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
33 Admonish. To advise or caution. For example the court may caution or admonish counsel for wrong practices. [Glossary of Legal Terms (Pro-Se), 2004]. Admonition. A gentle or friendly reproof, a mild rebuke, warning or reminder, counseling, on a fault, error or oversight, an expression of authoritative advice or warning. They are not considered as penalties. [Tobias v. Veloso, GR L40224. Sep. 23, 1980]. Adopt-a-School Act of 1998. RA 8525 entitled “An Act establishing an ‘Adopt-ASchool Program,’ providing incentives therefor, and for other purposes” enacted on Feb. 14, 1998. Adoption. 1. An act by which relations of paternity and affiliation are recognized as legally existing between persons not so related by nature. The taking into one's family of the child of another as son or daughter and heir and conferring on it a title to the rights and privileges of such. The purpose of an adoption proceeding is to effect this new status of relationship between the child and its adoptive parents, the change of name which frequently accompanies adoption being more an incident that the
object of the proceeding. [Rep. v. CA, GR 97906. May 21, 1992, citing, 1 Am. Jur., Adoption of Children 621622]. 2. The juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation. [Prasnick v. Rep., 98 Phil 655, quoting 4 Valverde 473]. Adoption proceeding. A proceeding in rem or against the whole world. The court acquires jurisdiction simply by publication. [Moreno’s Law Dict., 2000 Ed., p. 16]. Adoptive admission. A party’s reaction to a statement or action by another person when it is reasonable to treat the party’s reaction as an admission of something stated or implied by the other person. [Estrada v. Desierto, 356 SCRA 108]. Ad proximum antedecens fiat relatio nisi impediatur sentencia. Lat. Relative words refer to the nearest antecedent, unless it be prevented by the context. [Abella v. Comelec, GR 100710. Sep. 3, 1991, citing Black's Law Dict., 4th Ed., 57]. ADR. Abbreviation for Alternative dispute
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
34 resolution. [Duhaime's Legal Dict., 2004]. ADR practitioners. Individuals acting as mediator, conciliator, arbitrator or neutral evaluator. [Sec. 3, RA 9285]. ADR providers. Institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any alternative dispute resolution system (ADR). This is without prejudice to the rights of the parties to choose non-accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute. [Sec. 3, RA 9285]. Adultery. Crim. Law. 1. The felony committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. [Art. 333, RPC]. 2. Voluntary sexual intercourse between a married person and another person who is not their married spouse. [Duhaime's Legal Dict., 2004].
Ad valorem property tax. A tax invariably based upon ownership of property, and is payable regardless of whether the property is used or not, although of course the value may vary in accordance with such factor. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 53]. Ad valorem tax. 1. A levy on real property determined on the basis of a fixed proportion of the value of the property. [Sec. 3, PD 464]. 2. An excise tax based on selling price or other specified value of the article. [Comm. of Int. Rev. v. Mobile Phil. Inc., GR 104920. Apr. 28, 1994]. Compare with Specific tax. Adventitious property. Property earned or acquired by the minor child through his work or industry by onerous or gratuitous title. It is owned by the child but is administered by the parents. The child is also the usufructuary of the property but his use thereof is secondary only to the collective daily needs of the family. Compare with Profectitious property. Adversarial or contentious action or proceedings. Rem. Law. An action or proceedings having opposing parties; (is) contested, as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
35 distinguished from an ex parte hearing or proceeding, of which the party seeking relief has given legal notice to the other party and afforded the latter an opportunity to contest it. [Manila Golf v. IAC, GR 64948. Sep. 27, 1994, citing Black's Law Dict., 5th Ed., p. 40]. Adversary proceeding. Rem. Law. 1. One having opposing parties; contested, as distinguished from an ex parte application, one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to contest it. [GR L-32181, Mar. 5, 1986, 141 SCRA 462]. 2. A proceeding having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding. [Glossary of Legal Terms (Pro-Se), 2004]. Adverse claim. A claim of any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration. [Sec. 110, Act 496]. Adverse interest. Such interest of a witness - so as to permit cross-examination by the party calling him – as would be so involved in the
event of the suit that a legal right or liability will be acquired, lost, or materially affected by the judgment, and must be such as would be promoted by the success of the adversary of the party calling him. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 26]. Adverse party. A party to an action whose interests are opposed to or opposite the interests of another party to an action. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 26]. Adverse possession. 1. The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is squatters. [Duhaime's Legal Dict., 2004]. 2. The method of acquiring real property under certain conditions by possession for a statutory period. [Glossary of Legal Terms (Pro-Se), 2004]. Advertisement. 1. Any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcasts, electronic, print or whatever form of mass media, including outdoor advertisements, such as but
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
36 no limited to signs and billboards. [Sec. 4, RA 9211]. 2. The prepared and through any form of mass medium, subsequently applied, disseminated or circulated advertising matter. [Art. 4, RA 7394]. Advertisement by lawyer, rule on. The Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. He is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, selflaudatory or unfair statement or claim regarding his qualifications or legal services. Nor shall he pay or give something of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Prior to the adoption of the Code of Professional Responsibility, the Canons of Professional Ethics had also warned that lawyers should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been
or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like self-laudation. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993]. Advertisement of talent or skill, prohibition on. The standards of the legal profession condemn the lawyer's advertisement of his talents. A lawyer cannot, without violating the ethics of his profession, advertise his talents or skills as in a manner similar to a merchant advertising his goods. The proscription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the practice of law is a profession. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993]. Advertiser. 1. The client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualized, presented or disseminated. [Art. 4, RA 7394]. 2. A person or entity on whose account of for whom an advertisement is prepared and disseminated by the advertising agency, which is service established and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
37 operated for the purpose of counseling or creating and producing and/or implementing advertising program in various forms of media. [Sec. 4, RA 9211]. Advertising. 1. The business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumers products, services or credit. [Sec. 4, RA 9211]. 2. The business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit. [Art. 4, RA 7394]. Advertising agency or agent. A service organization or enterprise creating, conducting, producing, implementing or giving counsel on promotional campaigns or programs through any medium for and in behalf of any advertiser. [Art. 4, RA 7394]. Aequetas nunquam contravenit legis. Lat. Equity is not applied against
the law. [Aguila v. CA, 160 SCRA 359]. Aequitas non facit jus, sed juri auxiliatur. Lat. Equity does not make the law, but supports the law. [Borja v. CA, GR 95667. May 8, 1991]. Aequitas rem ipsam intuetur de forma et circumstantiis minus anxia. Lat. Equity regards not the form but the substance of the act. [Moreno’s Law Dict., 2000 Ed., p. 17]. Aequitas sequitur legem. Lat. Equity follows the law. [Moreno’s Law Dict., 2000 Ed., p. 17]. Aequum et bonum est lex legum. Lat. That which is equitable and right is the law of laws. [Moreno’s Law Dict., 2000 Ed., p. 17]. Aerial domain. The airspace above the terrestrial domain and the maritime and fluvial domain of the state, to the limits of the atmosphere but does not include outer space. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67]. Affiant. The person who makes and subscribes an affidavit. [Glossary of Legal Terms (Pro-Se), 2004]. Affidavit. 1. A statement which before being signed,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
38 the person signing takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness. [Duhaime's Legal Dict., 2004]. 2. A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath. [Glossary of Legal Terms (Pro-Se), 2004]. Affidavit of consolidation of ownership. A sworn statement executed by the vendee-a-retro to the effect that the period of repurchase has expired and the vendor failed to exercise his right to repurchase. [Moreno’s Law Dict., 2000 Ed., p. 17]. Affidavit of merit. An affidavit showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or defense, as the
case may be. It serves as the jurisdictional basis for the court to entertain a petition for relief. [Garcia v. CA, GR 96141. Oct. 2, 1991]. Affiliated corporation. A corporation related to another by owning or being owned by common management or by a longterm lease of its properties or other control device. An affiliation exists between a holding or parent company and its subsidiary, or between two corporations owned or controlled by a third. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 40, citing Kohler, A Dict. for Accountants, 1975 Ed., p. 26]. Affinity. The connection existing in consequence of a marriage, between each of the married persons and the kindred of the other. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 308]. Compare with Consanguinity. Affirmation. A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases. [Glossary of Legal Terms (Pro-Se), 2004]. Affirmative Law. 1. An matter admitting allegations
defense. Rem. allegation of new which, while the material of the complaint,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
39 expressly or impliedly, would nevertheless prevent or bar recovery by the plaintiff. The affirmative defenses include fraud, statute of limitations, release payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and all other matter by way of confession and avoidance. [Sec. 5, Rule 6, RoC]. 2. A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Negative defense. Affirmed. In the practice of appellate courts, the word means that the decision of the trial court is correct. [Glossary of Legal Terms (Pro-Se), 2004]. Afflictive penalties. The following are afflictive penalties under the Rev. Penal Code: Reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, prision mayor, and fine, whether imposed as a single of as an
alternative penalty, which exceeds 6,000 pesos. [Arts. 25-26, RPC]. Affordable cost. The most reasonable price of land and shelter based on the needs and financial capability of Program beneficiaries and appropriate financing schemes. [Sec. 3, RA 7279]. Affreightment contract. 1. A contract by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment of freight. [Planters Products v. CA, GR 101503. Sep. 15, 1993, citing Bouvier's Law Dict., 3rd Rev., Vol. I, p. 470]. 2. A contract with the ship owner to hire his ship or part of it, for the carriage of goods, and generally takes the form either of a charter party or a bill of lading. [Market Developers v. IAC, GR 74978. Sep. 8, 1989]. A
fortiori. More effective; with greater reason. [LawInfo Legal Dict. (2005)].
After-acquired property. Property acquired during the interval between the execution of the will and the death of the testator which are not, as a rule, included
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
40 among the properties disposed of, unless it should expressly appear in the will itself that such was the intention of the testator. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 35, citing Art. 794, CC]. After-cataract. Secondary cataract.
See
After date. The term refers to the date of issuance of the negotiable instrument. [Claridades, A., Compilation of Notes, 2001-2006]. After sight. The term refers to the date of presentment for acceptance to the drawee of the negotiable instrument. [Claridades, A., Compilation of Notes, 20012006]. Agama Arbitration Council. A body composed of the Chairman and a representative of each of the parties to constitute a council to take all necessary steps for resolving conflicts between them. [Art. 7, PD 1083 (Code of Muslim Personal Laws of the Philippines)]. Agency. 1. Civ. Law. A relationship between two parties whereby one party, called the principal, authorizes another, called the agent, to act for and in his behalf on transactions
with third persons. [Rallos v. Chan, GR L-24332. Jan. 31, 1978]. 2. Civ. Serv. Law. Any bureau, office, commission, administration, board, committee, institute, corporation, whether performing governmental or proprietary function, or any other unit of the National Government, as well as provincial, city or municipal government. [Sec. 3, PD 807]. Agency contract. A contract whereby a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. [Art. 1868, CC]. Agency coupled with an interest. (a) An agency created not only for the interest of the principal but also for the interest of a third person; or (b) one created for the mutual interest of both the principal and the agent. [Diaz, Bus. Law Rev., 1991 Ed., p. 171]. Agency of the government. Any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporation, or a local government or a distinct unit therein. [Sec. 2, Admin. Code of 1987].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
41 Agency shop. Labor. An agreement under which employees who do not join the union must pay dues as a condition of employment to help defray the union expenses as a bargaining agent for the group or all the employees. This is otherwise know as the “anti-free rider” or “hitchhiker” clause in the CBA. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Agency to sell. A contract whereby a person who received goods from another is obligated to return them to the latter if ever he is unable to sell them. [Moreno’s Law Dict., 2000 Ed., pp. 18-19]. Agent. 1. A person who, by the contract of agency, binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. [Art. 1868, CC]. 2. A person who has received the power to act on behalf of another, binding that other person as if he were himself making the decisions. The person who is being represented by the agent is referred to as the principal. [Duhaime's Legal Dict., 2004]. See also Representative.
Agente administrador. Sp. Managing agent. [Moreno’s Law Dict., 2000 Ed., p. 19]. Agente de negocios. See Business agent.
Sp.
Agent of a person in authority. A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority. [Art. 152, RPC, as amended by PD 299 and BP 873]. Age of gestation. The length of time the fetus is inside the mother's womb. [Sec. 3, RA 7600]. Age of majority. It commences at the age of eighteen years. [Art. 234, FC, as amended by RA 6809]. Also, Majority. Aggravated illegal possession of firearm. The use of unlicensed firearm in the commission of homicide or murder which aggravates the crime and makes it more heavily punished with the capital punishment. [People v. Caling, GR 94784. May 8,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
42 1992]. Compare with Simple illegal possession of firearm. Aggravating circumstances. Those circumstances that serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 52]. Compare with Mitigating circumstances. Aggregator. A person or entity, engaged in consolidating electric power demand of end-users in the contestable market, for the purpose of purchasing and reselling electricity on a group basis. [Sec. 4, RA 9136]. Aggression. Intl. Law. The use of armed force by a state against the sovereignty, territorial integrity or political independence of another state or in any other manner inconsistent with the UN Charter. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 50, citing Resolution of the UN
Gen. Assembly, 1974].
Dec.
14,
Agrarian dispute. Any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements. [Sec. 3, RA 6657]. Agrarian reform. Redistribution of land, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profitsharing, labor administration, and the distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work. [Sec. 3, RA 6657].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
43 Agrarian reform community (ARC). A barangay at the minimum or a cluster of contiguous barangays where there is a critical mass of farmers or farm workers and which features the main thrust of agrarian development: land tenure improvement and effective delivery of support services. [Sec. 4, RA 8435]. Agrarian reform credit. Production or other types of loans used for the acquisition of work animals, farm equipment and machinery, seeds, fertilizers, poultry and livestock feeds and other similar items; acquisition of lands authorized under the Comprehensive Agrarian Reform Law (CARL); construction or acquisition of facilities for the production and effective merchandising of agricultural commodities. [Sec. 4, RA 7607]. A gratis argumentis. Lat. For the sake of argument. [Claridades, A., Compilation of Notes, 2001-2006]. Agreation. Intl. Law. The practice now observed by most states by means of which inquiries are addressed to the receiving state regarding a proposed diplomatic representative of the sending state. It is only when the receiving state
manifests its agrement or consent that the diplomatic representative is appointed and formally accredited. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 83]. Agreement. 1. A coming together of minds; the coming together in accord of two minds on a given proposition. [Mindanao Terminal & Brokerage Services v. Confesor, GR 111809. May 5, 1997, citing Black's Law Dict. 62 (5th Ed., 1979)]. 2. Mutual consent. [Jurist’s Legal Dict., 2004]. Agreement, arrangement or accord. Intl. Law. The terms are used interchangeably and refer to an instrument of a more limited subject and of lesser importance than a formal treaty or convention. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Agri-business activity. Any business activity involving the manufacturing, processing, and/or production of agricultural produce, excluding farm level agricultural/crop production. [Sec. 4, RA 6977, as amended]. Agricultural activity. Also Agricultural enterprise. See Agriculture.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
44 Agricultural engineer. A natural person who has been issued a certificate of registration by the Board of Agricultural Engineering and has taken the oath of profession of agricultural engineers. [Sec. 3, RA 8559]. Agricultural engineering, practice of. The profession requiring the application of the fundamental and known principles of engineering to the peculiar condition and requirements of agriculture as an industry and as a field of science. [Sec. 3, RA 8559]. Agricultural enterprise. Also Agricultural activity. See Agriculture. Agricultural land. 1. Land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land. [Sec. 3 (c), RA 6657]. 2. Land devoted principally to the raising of crops such as rice, corn, sugar cane, tobacco, coconut, etc., or to pasturing, dairying, inland fishery, salt making, and other agricultural uses, including timberlands and forest lands. [Sec. 3, PD 464]. Agricultural land, premature conversion of. The undertaking of any development activity, the
results of which modify or alter the physical characteristics of the agricultural lands to render them suitable for nonagricultural purposes, without an approved order of conversion from the DAR. [Sec. 4, RA 8435]. Agricultural lands. 1. Lands devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture production, including the harvesting of such farm products, and other farm activities and practices performed in conjunction with such farming operations by persons whether natural or juridical and not classified by law as mineral land, forest land, residential land, commercial land, or industrial land. [Sec. 4, RA 8435]. 2. Lands which are arable and suitable agricultural lands and do not include commercial, industrial and residential lands. [Luz Farms v. Sec. of the DAR, GR 86889, 4 Dec. 1990, 192 SCRA 51, citing Record, CONCOM, 7 Aug. 1986, Vol. III, p. 30]. Agricultural land use conversion. The process of changing the use of agricultural land to nonagricultural uses. [Sec. 4, RA 8435].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
45 Agricultural lease relationship. See Share tenancy relationship. Agricultural lessee. A person who, by himself and with the aid available from within his immediate farm household, cultivates the land belonging to, or possessed by, another with the latter's consent for purposes of production, for a price certain in money or in produce or both. It is distinguished from civil lessee as understood in the Civil Code of the Philippines. [Sec. 166, RA 3844]. Agricultural lessor. A person, natural or juridical, who, either as owner, civil law lessee, usufructuary, or legal possessor, lets or grants to another the cultivation and use of his land for a price certain. [Sec. 166, RA 3844]. Agricultural mechanization. The development, adoption, manufacture and application of appropriate locationspecific, and cost-effective agricultural technology using human, animal, mechanical, electrical and other nonconventional sources of energy for agricultural production and post-harvest operations consistent with agronomic conditions and for
efficient and economic farm management. [Sec. 4, RA 8435]. Agricultural ownercultivator. Any person who, providing capital and management, personally cultivates his own land with the aid of his immediate family and household. [Sec. 166, RA 3844]. Agricultural product. 1. A specific commodity under Chapter 1 to 24 of the Harmonized System (HS) of the Commodity Classification as used in the Tariff and Customs Code of the Philippines. [Sec. 4, RA 8800]. 2. The yield of the soil, such as corn, rice, wheat, rye, hay. coconuts, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and their byproducts; ordinary salt; all kinds of fish; poultry; and livestock and animal products, whether in their original form or not. [Sec. 131, RA 7160]. Agricultural production. Raising, growing and rearing of crops, livestock and fisheries for food, feed and as raw materials. [Sec. 2, PD 2032]. Agricultural purpose. A purpose related to the production, harvest, processing, manufacture,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
46 distribution, storage, transportation, marketing, exhibition or disposition of agricultural, fishery or marine products. [Art. 4, RA 7394]. Agricultural sector. The sector engaged in the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry, or fish, including the harvesting and marketing of such farm products, and other farm activities and practices. [Sec. 4, RA 8435]. Agricultural tenancy. The physical possession by a person of land devoted to agriculture belonging to, or legally possessed by, another for the purpose of production through the labor of the former and of the members of his immediate farm household, in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain or ascertainable, either in produce or in money, or in both. [Sec. 3, RA 1199]. Agricultural Tenancy Act of the Philippines. RA 199 entitled “An Act to govern the relations between landholders and tenants of agricultural lands (leaseholds and share
tenancy)” enacted on Aug. 30, 1954. Agricultural year. 1. The period of time required for raising a particular agricultural product, including the preparation of the land, sowing, planting and harvesting of crops and, whenever applicable, threshing of said crops: Provided, however, That in case of crops yielding more than one harvest from planting, agricultural year shall be the period from the preparation of the land to the first harvest and thereafter from harvest to harvest. In both cases, the period may be shorter or longer than a calendar year. [Sec. 166, RA 3844]. 2. The period of time necessary for the raising of seasonal agricultural products, including the preparation of the land, and the sowing, planting and harvesting the crop. [Sec. 5 [c], RA 1199]. Agriculture. 1. Farming in all its branches and among other things includes the cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
47 with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products. [Art. 97, LC]. 2. The art or science of cultivating the ground and raising and harvesting crops, often, including also, feeding, breeding and management of livestock, tillage, husbandry, farming. [Webster's Intl. Dict., 2nd Ed. (1954)]. Agriculture. Also Agricultural enterprise or Agricultural activity. The cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by person whether natural or juridical. [Sec. 3, RA 6657]. Agriculture and fisheries modernization. The process of transforming the agriculture and fisheries sectors into one that is dynamic, technologically advanced and competitive yet centered on human development, guided by the sound practices of sustainability and the
principles of social justice. [Sec. 4, RA 8435]. Agriculture and Fisheries Modernization Act of 1997. RA 8435 entitled “An Act prescribing urgent related measures to modernize the agriculture and fisheries sectors of the country in order to enhance their profitability, and prepare said sectors for the challenges of globalization through an adequate, focused and rational delivery of necessary support services, appropriating funds therefor and for other purposes” enacted on Dec. 22, 1997. Agro-processing activities. The processing of raw agricultural and fishery products into semiprocessed or finished products which include materials for the manufacture of food and/or non-food products, pharmaceuticals and other industrial products. [Sec. 4, RA 8435]. Aid. To support, to help, to assist or to strengthen or to act in cooperation with. [Gatchalian v. Comelec, GR L-32560-61. Oct. 22, 1970, citing Black's Law Dict., 3rd Ed., p. 86]. Aid and abet. To actively, knowingly, or intentionally
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
48 assist another person in the commission or attempted commission of a crime. [Glossary of Legal Terms (Pro-Se), 2004]. Aide-memoire. Literally means “aid to memory.” A diplomatic correspondence consisting of a brief summary of oral representations already made. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Aiding and abetting a band of brigands. Crim. Law. The felony committed by any person who knowingly and in any manner aiding, abetting or protecting a band of brigands as described in the Art. 306 of the Rev. Penal Code, or giving them information of the movements of the police or other peace officers of the Government, when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands. [Art. 307, RPC]. Air carrier. A person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation or air commerce. [Sec. 3, RA 776]. Air commerce. Air transportation for pay or
hire, the navigation of aircraft in furtherance of a business, or the navigation of aircraft from one place to another for operation in the conduct of a business. [Sec. 3, RA 776]. Airconditioning equipment. Equipment for the control of temperature, humidity, purity, and environment such as room, split and unitary package type (aircooled and water-cooled) airconditioners whose prime mover may be steam, electricity, the sun and any other source of power, commercial and industrial airconditioning systems; direct expansion or chilled water systems; airconditioners for all types of vehicles, sealed, semisealed and open type refrigerant compressor of the reciprocating rotary, screw, centrifugal, or absorption type; cooling towers, airblowers, ventilators air handling units, condensers, receivers, and evaporator coils; electric or pneumatic controls. [Sec. 1, PD 1572]. Aircraft. Any contrivance now known or hereafter invented, used, or designed for navigation of, or flight in, the air. [Sec. 3, RA 776]. Aircraft engine. An engine used or intended to be used
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
49 for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. [Sec. 3, RA 776]. Aircraft piracy. Hijacking.
See
Aircraft radio station. A radio station on board any aircraft. [Sec. 3, RA 776]. Airman. Any individual who engages, as the person in command or as pilot, mechanic, flight radio operator or member of the crew, in the navigation of aircraft while under way; and any individual who is directly in charge of inspection, maintenance, overhauling, or repair of aircraft, aircraft engine, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control operator. [Sec. 3, RA 776]. Air navigation facility. Any facility used in, available for used in, or designed for use in, aid of air navigation, including areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio-directional finding, or for radio or other electrical communication, and any other structure or
mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. [Sec. 3, RA 776]. Air pollutant. Any harmful or undesirable matter emitted in the atmosphere, including smoke, soot, solid particles of any kind, undesirable gases, fumes and obnoxious odors. [Sec. 2, PD 1181]. Airspace. The space above a state and coming under its jurisdiction. [Intl. Law Dict. & Direct., 2004]. Air transportation. Service or carriage of persons, property, or mail, in whole or in part, by aircraft. [Sec. 3, RA 776]. Airway. A path thru the navigable air space identified by an area of specified width on the surface of the earth designated or approved by the Civil Aeronautics Administrator as suitable for air commerce or air transportation. [Sec. 3, RA 776]. Air waybill. An instrument issued by an air carrier to a shipper that serves as a receipt for goods and as evidence of the contract of carriage, but is not a document of title for the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
50 goods. [Intl. Law Direct., 2004].
Dict.
&
Philippine Amanah Bank)” enacted on Jan. 26, 1990.
Airwolf. A kind of sky rocket shaped like an airplane with a propeller to rise about forty (40) or fifty (50) feet and provide various kinds of light while aloft. [Sec. 2, RA 7183].
Alarms and scandals. Crim. Law. The felony committed by: (a) any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; (b) any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; (c) any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or (d) any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Art. 153 of the Rev. Penal Code applicable. [Art. 155, RPC].
Airworthiness. The term means that an aircraft, its engines, propellers, and other components and accessories, are of proper design and construction, and are safe for air navigation purposes, such design and construction being consistent with accepted engineering practice and in accordance with aerodynamic laws and aircraft science. [Sec. 3, RA 776]. Al-Amanah Islamic Investment Bank of the Philippines, The Charter of the. RA 6848 entitled “An Act providing for the 1989 charter of the Al-Amanah Islamic Investment Bank of The Philippines, authorizing its conduct of Islamic banking business, and repealing for this purpose Presidential Decree Numbered Two Hundred and Sixty-Four as amended by Presidential Decree Numbered Five Hundred and Forty-Two (creating the
Albularyo. Tag. Quack doctor. [People v. Abo, GR 107235. Mar. 2, 1994]. Alcoholism. A diseased condition caused by the excessive use of alcoholic liquors. Continued, excessive or compulsive use of alcoholic drink. [Moreno’s Law Dict., 2000 Ed., p. 23].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
51 Aleatory contract. Civ. Law. 1. A contract whereby one of the parties or both reciprocally bind themselves to give or to do something in consideration of what the other shall give or do upon the happening of an event which is uncertain, or which is to occur at an indeterminate time. [Art. 2010, CC]. 2. A contract which, unlike a conditional agreement whose efficacy is dependent on stated conditions, is at once effective upon its perfection although the occurrence of a condition or event may later dictate the demandability of certain obligations thereunder. [Tibay v. CA, GR 119655. May 24, 1996]. Alevosia. Crim. Law. Treachery. It exists when the culprit commits the crime by employing means, methods, or forms in the execution thereof which tend to directly and specially insure it without risk to the person of the criminal, arising from any defense the injured party might make. [Art. 10, RPC]. Alfonso doctrine. The doctrine enunciated in the leading case of Alfonso v. Pasay [106 Phil. 1017 (1960)] that to determine due compensation for lands appropriated by the
Government, the basis should be the price or value at the time it was taken from the owner and appropriated by the Government. [Napocor v. CA, GR L-56378. June 22, 1984]. Alias. Term used to indicate another name by which a person is known. Short for “alias dictus”; also known as (a.k.a.). [Black’s Law Dict., Abr. 5th Ed. (1983), p. 36]. Alias subpoena. Rem. Law. One issued after the first has been returned without having accomplished its purpose. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 37]. Alias summons. Rem. Law. Other summons issued the clerk, on demand of the plaintiff, as the case may require, in the same form as the original summons, in case the latter is returned without being served on any or all of the defendants, or if it has been lost. [Sec. 4, Rule 14, RoC]. Alias writ. Rem. Law. A second or further writ. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 37]. Alias writ of execution. Rem. Law. One issued after the first has been returned without accomplishing its purpose. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 37].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
52 Alibi. 1. The plea of having been elsewhere than at the scene of the crime at the time of the commission of the felony. [People v. Bracamonte, GR 95939, June 17, 1996]. 2. A defense that places the defendant at the relevant time of the crime in a different place than the scene involved and so removed therefrom as to render it impossible for him to be the guilty party. [People v. Acob, 246 SCRA 715, 723 (1995), citing Black's Law Dict., 6th Ed., p. 71]. Alibi. Requisites: To establish it, the accused must show (a) that he was at some other place for such a period of time (b) that it was impossible for him to have been at the place where the crime was committed at the time of its commission. [US v. Oxiles, 20 Phil. 587; People v. Palomos, 49 Phil. 601; People v. Resabal, 50 Phil. 780]. Alien. A foreign-born person who has not qualified as a citizen of the country. [Glossary of Legal Terms (Pro-Se), 2004]. Alienable and disposable lands. Lands of the public domain which have been the subject of the present system of classification and
declared as not needed for forest purposes. [Sec. 4, RA 7900; Sec. 3, PD 705]. Alienate. To sell or give completely and without reserve; to transfer title to somebody else. A voluntary conveyance of property, especially real property. [Duhaime's Legal Dict., 2004]. Alienation. The transfer of the property and possession of lands, tenements, or other things from one person to another. The act by which the title to real estate is voluntarily assigned by one person to another and accepted by the latter, in the form prescribed by law. [Roxas v. CA, GR 92245. June 26, 1991, citing Cf. In re Enrhardt, U.S.D.C., 19F. 2d 406, 407]. Alienist. One who treats the diseases of the mind, a physician who specializes in psychiatry. [People v. Medina, GR 113691. Feb. 6, 1998., citing Webster's 3rd New Intl. Dict.]. Alien Social Integration Act of 1995, The. RA 7919 entitled “An Act granting legal residence status to certain aliens through a social integration program in the Philippines under certain conditions” enacted on Feb. 24, 1995.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
53 Alimony. An amount given by one spouse to another while they are separated. Historically, the word referred to monies paid while spouses were legally separated but still wed locked. [Duhaime's Legal Dict., 2004]. Alimony. An amount given to one spouse to another while they are separated. [Claridades, A., Compilation of Notes, 2001-2006]. Alipin. Tag. Slave. [Claridades, A., Compilation of Notes, 2001-2006]. Aliquot. Fractional. [Claridades, A., Compilation of Notes, 2001-2006]. All. The whole extent or quantity of, the entire number of, every one of. [Chua v. Cabangbang, GR L23253. Mar. 28, 1969, citing Webster's New World Dict. of the Amer. Lang., 1959 Ed., p. 38]. Allegans contraria non est audiendus. Lat. contradictory statements will not be heard or considered. [Moreno’s Law Dict., 2000 Ed., p. 25]. Allegation. A statement of the issues in a written document (a pleading) which a person is prepared to
prove in court. [Glossary of Legal Terms (Pro-Se), 2004]. Allegiance. The obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign in return for the protection which they receive. [People v. Echegaray, GR 117472. Feb. 7, 1997, citing 52 Am Jur 797]. Alley. A public way intended to serve both pedestrian and emergency vehicles, and also access to lots, both end always connecting to streets. [Sec. 3, BP 220]. Alliance. A military treaty between two or more states, providing for a mutuallyplanned offensive, or for assistance in the case of attack on any member. [Duhaime's Legal Dict., 2004]. Allocation. The act of assigning a position to its proper class and salary grade. [Sec. 3, PD 985]. Allonge. A piece of paper which has been attached to a contract, a check or any promissory note, on which to add signatures because there is not enough room on the main document. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
54 Allotments. Authorizations issued by the Department of Budget and Management to an agency which allow the latter to incur obligations within a specified amount, as duly authorized by a Legislative appropriation. [Sec. 3, EO 518]. Allowance. A benefit over and above the basic salary of an employee. [Moreno’s Law Dict., 2000 Ed., p. 25]. Allowance for good conduct. The deductions from the period of the sentence to which any prisoner in any penal institution shall be entitled for good conduct. [Art. 97, RPC]. Allowance for good conduct (for each month of good behavior). The term refers to good behavior of a prisoner while he is serving his term as a convict. [Baking v. Dir. of Prisons, GR L-30364. July 28, 1969]. Allowance of wills. Also Probate of wills. A special proceeding for establishing the validity of the will or for the purpose of proving that the instrument offered for probate is the last will and testament of the testator, that it has been executed in accordance with the
formalities prescribed by law, and that the testator had the necessary testamentary capacity at the time of the execution of the will. [Jurado, Comments and Jurisp. on Succession, 1991 8th Ed., p. 133]. Allowance of wills probated abroad. Evidence necessary: (a) the due execution of the will in accordance with the foreign laws; (b) the testator has his domicile in the foreign country and not in the Philippines; (c) the will has been admitted to probate in such country; (d) the fact that the foreign tribunal is a probate court, and (e) the laws of a foreign country on procedure and allowance of wills. [Vda. De Perez v. Tolete, GR 76714. June 2, 1994]. All risks. The term is given a broad and comprehensive meaning as covering any loss other than a willful and fraudulent act of the insured. [Filipino Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989]. All risks insurance. An insurance the very purpose of which is to give protection to the insured in those cases where difficulties of logical explanation or some mystery surround the loss or damage to property. [Filipino
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
55 Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989]. All risks policy. Insurance against all causes of conceivable loss or damage, except as otherwise excluded in the policy, or due to fraud or intentional misconduct on the part of the insured. [Claridades, A., Compilation of Notes, 20012006]. Alluvion. Also Alluvium. Property. Soil deposited to the lands adjoining the banks of the rivers and gradually received as an effect of the current of the waters. It is owned by the riparian owners. 2. The accretion which lands adjoining the banks of rivers gradually receive from the effects of the current of the waters and which belongs to the owners of such lands. [Art. 457, CC]. See Accretion. Almost. Nearly; in large part; well-nigh; little short of [Phil. Amer. Drug Co. v. CIR, GR L15162. Apr. 18, 1962 citing Webster's Intl. Dict., 2nd Ed., Unabr.]. Also. In addition; as well; besides, too. [Sarmiento III v. Mison, GR 79974. Dec. 17, 1987, citing Webster's Intl. Dict., p. 62, 1981 Ed.].
Alter. To add, change, substitute or omit something from a pleading or instrument. [Cuenco v. Laya, GR L-31252. Dec. 22, 1969]. Alteration. Civ. Law. 1. The act by virtue of which a coowner, in opposition to the common agreement, if there is any, or, in the absence thereof, to the tacit agreement of all the coowners, and violating their will, changes the thing from the state in which the others believe it should remain, or withdraws it from the use to which they desire to be intended. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 192]. 2. Changing or making different. [Glossary of Legal Terms (Pro-Se), 2004]. Alteration or amendment. Rem. Law. The act of adding, changing, substituting or omitting something from a pleading or instrument. In plain words, a pleading or instrument may be amended either by correcting or by omitting any word, phrase or sentence set forth therein, or by adding something to it. In the last instance we have the case of an amendment by addition. [Cuenco v. Laya, GR L-31252. Dec. 22, 1969]. Compare with Spoliation. Alter ego. Lat. Another self. An alter ego company is one
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
56 that is not treated by its owners as a separate entity. [Intl. Law Dict. & Direct., 2004]. Alter ego principle. The rule that members of Cabinet may act for and in behalf of the President in certain matters because the President cannot be expected to exercise his control (and supervisory) powers personally all the time. Each head of a department is, and must be, the President's alter ego in the matters of that department where the President is required by law to exercise authority. [Villena v. Sec. of the Interior, 67 Phil. 451, 464 (1939)]. Altering boundaries or landmarks. Crim. Law. The felony committed by any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. [Art. 313, RPC]. Alternat. Intl. Law. An arrangement under which each negotiator is allowed to sign first on the copy of the treaty which he will bring home to his country, the purpose being to preserve the formal appearance of equality among the
contracting states and to avoid delicate questions of precedence among its signatories. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 96]. Alternative causes of action or defenses. Two or more statements of a claim or defense which a party may set forth alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. [Sec. 2, Rule 8, RoC]. Alternative circumstances. 1. Those circumstances which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. [Art. 15, RPC]. 2. Those circumstances that are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
57 [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 52, citing Art. 15, RPC]. Alternative defendants. Any or all of several persons against whom the plaintiff is entitled to relief and of whom he is uncertain may be joined as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other. [Sec. 13, Rule 3, RoC]. Alternative dispute resolution (ADR). 1. The methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration. It typically involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties. The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise. [Duhaime's Legal Dict., 2004]. 2. Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
[Glossary of Legal (Pro-Se), 2004].
Terms
Alternative dispute resolution (ADR) system. Any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency, as defined in RA 9285, in which a neutral third party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. [Sec. 3, RA 9285]. Alternative health care modalities. Other forms of non-allopathic, occasionally non-indigenous or imported healing methods, though not necessarily practiced for centuries nor handed down from one generation to another. Some alternative health care modalities include reflexology, acupuncture, massage, acupressure, chiropractics, nutritional therapy, and other similar methods. [Sec. 4, RA 8423]. Alternative learning system. A parallel learning system to provide a viable alternative to the existing formal education instruction. It encompasses both the non-formal and informal
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
58 sources of knowledge and skills. [Sec. 4, RA 9155]. Alternative obligation. An obligation wherein various prestations are due, but the performance of one of them is sufficient, determined by the choice which as a general rule belongs to the debtor. [Art. 1199, CC]. Compare with Facultative obligation. Alterum non laedere. Lat. Not to injure others. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Alumina smelting and refining. The production and manufacture of aluminum from ore or alumina into one or more basic forms such as ingots, billets, bars, sheets, strips, circles, tubes, rods, and castings, pipes, section and extrusions. [Sec. 2, RA 4095].
Ambient air quality. The average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area. [Sec. 62, PD 1152]. Ambiguity. Doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an expression used in a written instrument. [Suarez, Stat. Con., (1993), p. 4, citing Black Law Dict., 4th Ed., p. 105].
Amalgamation. The merging of two things together to form one such as the amalgamation of different companies to form a single company. [Duhaime's Legal Dict., 2004].
Ambulance chaser. 1. Any act of improper solicitation of cases such as fomenting litigation or instigating unnecessary lawsuits. [JuanBautista, Legal and Judicial Ethics, 2002 Ed., p. 9]. 2. A lawyer who haunts hospitals and visits then homes of the afflicted, officiously intruding their presence and persistently offering his service on the basis of a contingent fee. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46-47, citing Warvelle, Legal Ethics, pp. 56-57].
Ambassador. A citizen that has been officially asked by his country to live in another country in order to legally represent it. [Duhaime's Legal Dict., 2004].
Ambulance chasing. Figuratively, the lawyer’s act of chasing an ambulance carrying the victim of an accident for the purpose of talking to the said victim or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
59 relatives and offering his legal services for the filing of a case against the person who caused the accident. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46]. Ambulatory. 1. Something which is not cast in stone; which can be changed or revoked, such as a will. [Duhaime's Legal Dict., 2004]. Amend. 1. To change or modify for the better, to alter by modification, deletion, or addition. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994, citing Black's Law Dict., 5th Ed., 1979]. 2. To change, to revise, usually to the wording of a written document such as legislation. [Duhaime's Legal Dict., 2004]. Amended and clarified judgment. A judgment rendered by the lower court after having made a thorough study of the original judgment and only after considering all the factual and legal issues. The amended and clarified decision is an entirely new decision which supersedes the original decision. [Magdalena Estate, Inc. v. Caluag, 11 SCRA 333 (1964); Sta. Romana v. Lacson, 104 SCRA 93 (1981)].
Amended pleadings. Pleadings amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner. [Sec. 1, Rule 10, RoC]. Amendment. Isolated or piecemeal change of the instrument. [Cruz, Constl. Law, 1998 Ed., p. 11]. Compare with Revision. A mensa et thoro. Lat. From bed and board. [Claridades, A., Compilation of Notes, 2001-2006]. Amicable settlement. A mutually negotiated and agreed upon resolution of a dispute. Amici par excellence. Bar associations which appear in court as friends to expound on some matters of law for the information of the court. [Juan-Bautista, Legal and Judicial Ethics, 2002 Ed., p. 9]. Amicus curiae. Lat. Friend of the court. 1. A lawyer who
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
60 volunteers or is requested by the court to appear to give information to the judge or the court on some doubtful questions of law. [JuanBautista, Legal and Judicial Ethics, 2002 Ed., p. 8]. 2. Persons asking for permission to intervene in a case in which they are neither plaintiff or defendant, usually to present their point of view (or that of their organization) in case which has the potential of setting a legal precedent in their area of activity. [Duhaime's Legal Dict., 2004]. Amnesia. Legal Med. The loss of memory of either a recent event or of past events as observed in head injuries. [Olarte, Legal Med., 1st Ed. (2004), p. 147]. Amnesty. 1. It commonly denotes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended by some breach the law of nations. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 2. An act of the sovereign power granting oblivion or general pardon for the past offense, and is rarely, if ever, exercised in behalf of a certain class of persons, who are subject to trial but have
not yet been convicted. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 312, citing Brown v. Walker, 161 US 602]. Amoebic colitis. An infectious disease caused by endamoeba hystolytica, frequently producing a painful passage of bloody mucoid stool. Infection is acquired by ingestion of food or drink contaminated by feces containing amoebic cyst. The tumor commences in the mucous membrane and gradually invades the deeper structures. Genetic influence is a predisposing factor. Anemia is a condition in which the normal amount of red blood cells is reduced. It may be due to blood loss secondary to the passing out of blood in the stool. [Sierra v. GSIS, GR 50954. Feb. 8, 1989]. Amount financed. In a consumer credit sale, it constitutes the cash price plus non-finance charges less the amount of any downpayment whether made in cash or in property traded in, or in a consumer loan the amount paid to, receivable by or paid or payable to the buyer or to another person in his behalf. [Art. 4, RA 7394]. Amount in controversy. For purposes of determining
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
61 jurisdiction, the amount of the contract or the value of the property subject of the contract. [Moreno’s Law Dict., 2000 Ed., p. 27]. Ampere. The base unit of electric current which is that constant current which, if maintained in two parallel conductors of infinite length, of negligible circular crosssection, and placed one metre apart in vacuum, would produce between these conductors a force equal to 2 x 10-7 newton per metre of length. [Sec. 4, BP 8]. Amphetamines. Synthetic amines which act with a pronounced stimulant effect on the central nervous system. They are the first and last drugs which cause a subjective feeling of improved mood — true euphoria, in fact - and it is for this reason that they cause states of psychic dependence. [People v. Angeles, GR 92850. June 15, 1992]. Ample opportunity. Every kind of assistance that management must accord to the employee to enable him to prepare adequately for his defense. [Ruffy v. NLRC, GR 84193. Feb. 15, 1990]. Amusement. A pleasurable diversion and entertainment.
It is synonymous to relaxation, avocation, pastime, or fun. [Sec. 131, RA 7160]. Amusement places. Theaters, cinemas, concert halls, circuses and other places of amusement where one seeks admission to entertain oneself by seeing or viewing the show or performances. [Sec. 131, RA 7160]. Anadromous species. Marine fishes which migrate to freshwater areas to spawn. [Sec. 4, RA 8550]. Analogous. Allied or similar. [Moreno’s Law Dict., 2000 Ed., p. 28]. Ancestral domains. All areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
62 voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. [Sec. 4, RA 8371]. Ancestral lands. 1. All lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law. [Sec. 3, RA 7942]. 2. Land occupied, possessed and utilized by individuals, families and clans who are members of the Indigenous Cultural Communities / Indigenous Peoples (ICCs/IPs) since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals / corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests,
swidden farms and tree lots. [Sec. 4, RA 8371]. Anchorage. A place with sufficient depth of water where vessels anchor or may ride at anchor or may ride at anchor within the harbor. [Sec. 3, PD 857]. Ancient document. A private document which is more than thirty (30) years old, produced from a custody in which it would naturally be found if genuine, and is unblemished by alterations or circumstances of suspicion. [Claverias v. Quingco, GR 77744. Mar. 6, 1992]. Ancient document rule. For a private ancient document to be exempt from proof of due execution and authenticity, it is not enough that it be more than thirty (30) years old; it is also necessary that the following requirements are fulfilled; (a) that it is produced from a custody in which it would naturally be found if genuine; and (b) that it is unblemished by any alteration or circumstances of suspicion. [Lacsa v. CA, GR 79597-98. May 20, 1991, citing Francisco, Vicente J., The Revised Rules of Court in the Phil., Vol. VIII, Part II, 1973 Edition, p. 432].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
63 Ancillary. A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled. [Glossary of Legal Terms (Pro-Se), 2004]. Ancillary industries. Fisheries Law. Firms or companies related to the supply, construction and maintenance of fishing vessels, gears, nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold storage and refrigeration, processing plants and other pre-harvest and post-harvest facilities. [Sec. 4, RA 8550]. Ancillary jurisdiction. Power of court to adjudicate and determine matters incidental to the exercise of its primary jurisdiction of an action. [Black's Law Dict. 79 (5th Ed. 1979)].
resources to loads while maintaining reliable operation of the transmission system in accordance with good utility practice and the grid code to be adopted in accordance with RA 9136. [Sec. 4, RA 9136]. And. A conjunction pertinently defined as meaning "together with," "joined with;" "along or together with," "added to or linked to," used to conjoin word with word, phrase with phrase, clause with clause. [Phil. Const. Assoc. v. Mathay, GR L-25554. Oct. 4, 1966]. Anemia. A condition in which the normal amount of red blood cells is reduced. [Sierra v. GSIS, GR 50954. Feb. 8, 1989].
Ancillary jurisdiction doctrine. The rule that in an action before the RTC, the counterclaim may be considered compulsory regardless of the amount. [Sec. 7, Rule 6, RoC].
Angary, right of. Intl. Law. A right by which a belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offense or defense, neutral property found in its territory, in enemy territory, or on the high seas. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 157].
Ancillary services. Those services that are necessary to support the transmission of capacity and energy from
Animus contrahendi. Lat. An intention to contract. [Claridades, A., Compilation of Notes, 2001-2006].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
64 Animus donandi. Lat. Intent to do an act of liberality. [Tayoto v. Heirs of Cabalo Kusop, GR 74203. Apr. 17, 1990, citing Tolentino, Civil Code of the Phil., Vol. II, 1987 Ed., p. 496]. Animus furandi. Lat. Intent to gain. [People v. Alfeche, GR 102070. July 23, 1992]. Animus hominis est anima scripti. Lat. The intention of the party is the soul of the instrument. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. Animus interficendi. Lat. Intent to kill. [People v. Quijada, GR 115008-09. July 24, 1996]. Animus lucrandi. Lat. Intent to gain. [People v. Gavina, GR 118076. Nov. 20, 1996]. Animus manendi. Lat. Intention to remain there. [Romualdez v. RTC Tacloban, 226 SCRA 408, 415]. Animus non revertendi. Lat. 1. An intention not to return. 2. An intention to abandon the old domicile. [Romualdez v. RTC Tacloban, 226 SCRA 408, 415]. Animus novandi. Lat. Intention to novate. [Tui Siuco v. Habana, GR 21106; 45 Phil. 707; La Tondeña v.
Alto Surety, 101 Phil. 879, GR L-10132]. Animus occupandi. Lat. Intention to take possession of or seize. Legal rule that in order for a state to claim title to a territory, the state must intend to exercise sovereign powers therein. [Intl. Law Dict. & Direct., 2004]. Animus possidendi. Lat. An intent to possess. [Veroy v. Layague, GR 95630. June 18, 1992]. Animus rem sibi habiendi. Lat. Intent to appropriate the thing as one’s own. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 465]. Animus revocandi. Lat. Intent to revoke. [Maloto v. CA, GR 76464. Feb. 29, 1988]. Annex. To attach, and often, specifically, to subjoin. To add to; to unite. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 45]. Annotations. Remarks, notes, case summaries, or commentaries following statutes which describe interpretations of the statute. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
65 Annual allowable cut. The volume of materials, whether of wood or other forest products, that is authorized to be cut regularly from the forest. [Sec. 3, PD 705]. Annual budget. A financial plan embodying the estimates of income certified as reasonably collectible by the provincial treasurer in the case of provinces and their respective municipalities and by the city treasurer in the case of cities, and appropriations covering the proposed expenditures for the ensuing fiscal year. [Sec. 14, PD 477]. Annual income. Revenues and receipts realized by provinces, cities and municipalities from regular sources of the local general and infrastructure funds including the internal revenue and specific tax allotments provided for in PDs 144 and 436, both as amended, but exclusive of non-recurring receipts, such as other national aids, grants, financial assistance, loan proceeds, sales of fixed assets, and similar others. [Sec. 4, EO 249, July 25, 1987]. Annual procurement plan. The itemized list prepared by the head of the department
or office showing the kind, estimated quantity, estimated cost, description of supplies or property together with the balance on hand, if any, required by the department or office for the ensuing fiscal year. [Sec. 4, Rules and Regulations on Supply and Property Management]. Annual procurement program. The itemized list prepared by the local chief executive showing the kind, estimated quantity, estimated cost, description of supplies together with the balance on hand, if any, required by the local government for the ensuing fiscal year. The annual procurement program shall essentially be based on the annual procurement plan. [Sec. 4, Rules and Regulations on Supply and Property Management]. Annuity. An amount payable yearly or at other regular intervals (e.g., quarterly) for a certain or uncertain period (as for years or for life, as in the case of an endowment fund). The term may refer to the right to receive such annuities, or to the agreement or contract whereby in return for capital consisting of money or other property given by the annuitant (one entitled to receive the benefits), the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
66 recipient binds himself to pay the stipulated annuity. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 97]. Annul. To reduce to nothing; to annihilate; obliterate; blot out; to make void or of no effect; to nullify; to abolish. [Nuguid v. Nuguid, GR L23445. June 23, 1966, citing Madden v. Madden, 40 A.2d 611, 614, 136 N.J. Eq. 132]. Annullable contract. Voidable contract.
See
Annulment. Making void; Canceling an event or judicial proceeding both retroactively and for the future. [Duhaime's Legal Dict., 2004]. Annulment of a contract, action for the. An action which may be instituted by all who are thereby obliged principally or subsidiarily under the contract. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. [Art. 1397, CC]. Annulment of judgment. Grounds: (a) that the judgment is void for want of
jurisdiction or lack of due process of law, or (b) that it has been obtained by fraud. [Santos v. CA, GR 59771. July 21, 1993]. Anonymous testing. An HIV testing procedure whereby the individual being tested does not reveal his/her true identity. An identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test results with the identifying number or symbol. [Sec. 3, RA 8504]. Anorexia nervosa. Legal Med. A disorder characterized by a distorted body image, an extreme fear of obesity, refusal to maintain a minimally normal body weight, and in women, the absence of menstrual periods. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Compare with Bulimia nervosa. Anovulatory. The first menstrual period of a girl characterized by the absence of ovulation. [Moreno's Phil. Law Dict., 3rd Ed., p. 29]. Answer. 1. A pleading in which a defendant or other adverse party sets forth the negative and affirmative
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
67 defenses upon which he relies. [Sec. 4, Rule 6, RoC]. 2. A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint. [Glossary of Legal Terms (Pro-Se), 2004]. Answers to interrogatories. A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments. [Glossary of Legal Terms (Pro-Se), 2004]. Antecedent intelligence. Otherwise known as the Doctrine of last clear chance. Antedate. To date back; retroactively. To date a document to a time before it was written. To date back; retroactively. To date a document to a time before it was written. [Duhaime's Legal Dict., 2004]. Antedated instrument. A negotiable instrument where the date appearing thereon is earlier than the true date of its issuance. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Postdated instrument. Ante litem motam. Lat. Before the controversy. [Sec. 39, Rule 130, RoC]. Ante mortem statement. See Dying declaration. Ante nuptial. An event or document which pre-dates a marriage. For example, an ante-nuptial agreement is one which is signed before marriage. An ante-nuptial gift is a gift given by one spouse to the other before marriage. [Duhaime's Legal Dict., 2004]. Anthropological area. Any place where studies of specific cultural groups are being or should be undertaken in the field of anthropology. Anthropology in this case is descriptive, interpretative and comparative study of all aspects of various cultural linguistic groups including the collection and analysis of their particular material culture. [Sec. 3, RA 4846]. Anti-Carnapping Act of 1972. RA 6539 entitled “An Act preventing and penalizing carnapping” enacted on Aug. 26, 1972. Anti-Cattle Rustling Law of 1974. PD 533 signed into law on Aug. 8, 1974.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
68 Antichresis contract. A contract whereby the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit. [Art. 2132, CC]. Anticipation of duties of a public office. The assumption by any person of the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law. [Art. 236, RPC]. Anticipatory breach doctrine. The rule that where the covenant or contract is entire, and the breach total, there can be only action, and the plaintiff must therein recover all his damages. [Blossom & Co. v. Manila Gas, GR 32958. Nov. 8, 1930, citing 34 CJ, p. 839]. Anti-Deadly Arrow Law. 3553 entitled “An Act prohibit the possession deadly arrow” enacted June 21, 1963.
RA to of on
Anti-Dummy Law. CA 108, as amended by PD 715, entitled “An Act to punish acts of evasion of the laws on the nationalization of
certain rights, franchises or privileges” enacted on Oct. 30, 1936. Anti-Electricity and Electric Transmission Lines/ Materials Pilferage Act of 1994. RA 7832 entitled “An Act penalizing the pilferage of electricity and theft of electric power transmission lines/ materials, rationalizing system losses by phasing out pilferage losses as a component thereof, and for other purposes” enacted on Dec. 8, 1994. Anti-Fencing Law of 1979. PD 1612 entitled “AntiFencing Law” signed into law on Mar. 2, 1979. Anti-graft and corrupt practices. Elements: (a) The accused is a public officer discharging administrative or official functions or private persons charged in conspiracy with them; (b) the public officer committed the prohibited act during the performance of his official duty or in relation to his public position; (c) the public officer acted with manifest partiality, evident bad faith or gross, inexcusable negligence; and (d) his action caused undue injury to the Government or any private party, or gave any party any unwarranted benefit, advantage or preference to such parties.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
69 [Quibal v. Sandiganbayan, GR 109991. May 22, 1995]. Anti-Graft and Corrupt Practices Act. RA 3019 enacted on Aug. 17, 1960. Anti-Hazing Law. RA 8049 entitled “An Act regulating hazing and other forms of initiation rites in fraternities, sororities, and organizations and providing penalties therefor” enacted on June 7, 1995. Anti-Hijacking Law. RA 6235 entitled “An Act prohibiting certain acts inimical to civil aviation, and for other purposes” enacted on June 19, 1971. Anti-Piracy and AntiHighway Robbery Law of 1974. PD 532 signed into law on Aug. 8, 1974. Anti-Plunder Act. RA 7080 entitled “An Act defining and penalizing the crime of plunder” enacted on July 12, 1991. Antiques. Cultural properties found locally which are one hundred years or more in age or even less, but their production having ceased, they have, therefore, become or are becoming rare. [Sec. 3, RA 4846]. Anti-Rape Law of 1997, The. RA 8353 entitled “An
Act expanding the definition of the crime of rape, reclassifying the same as a crime against persons, amending for the purpose Act No. 3815, as amended, otherwise known as the Rev. Penal Code and for other purposes” enacted on Sep. 30, 1997. Anti-Sexual Harassment Act of 1995. RA 7877 entitled “An Act declaring sexual harassment unlawful in the employment, education or training environment, and for other purposes” enacted on Feb. 14, 1995. Anti-Squatting Law Repeal Act of 1997. RA 8368 entitled “An Act repealing Presidential Decree No. 772, entitled 'penalizing squatting and other similar acts’” enacted on Oct. 27, 1997. Anti-Violence Against Women and Their Children Act of 2004. RA 9262 entitled “An Act defining violence against women and their children, providing for protective measures for victims, prescribing penalties therefore, and for other purposes” enacted on March 8, 2004. Anti-Wire Tapping Act. RA 4200 entitled “An Act to prohibit and penalize wire
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
70 tapping and other related violations of the privacy of communication, and for other purposes” enacted on June 19, 1965. Anxiety neurosis. A progressive disintegration of personal instability arising in the course of the intercurrent illness. [Galanida v. ECC, GR L70660. Sep. 24, 1987]. Aparador. Sp. 1. Locker. [People v. Repuela, GR 85178. Mar. 15, 1990]. 2. Cabinet. [People v. Nopia, GR L-36297-99. Apr. 26, 1982]. 3. Wardrobe. [People v. Castillo, GR L-11793. May 19, 1961]. Apparent. Appearance to unaided senses that is not or may not be borne out by more rigorous examination or greater knowledge. [Bank of America, NT & SA v. CA, GR 105395. Dec. 10, 1993, citing Webster's 9th New Collegiate Dict.]. Apparent authority. That which, though not actually granted, the principal knowingly permits the agent to exercise, or which he holds out as possessing. [Moreno’s Law Dict., 2000 Ed., p. 31]. Apartment house. A building containing a number of
separate residential suites. [Sec. 63, PD 856]. Apathy. Legal Med. Serious disregard of the surroundings. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Apoderamiento. Sp. Unlawful taking. [People v. Puno, GR 97471. Feb. 17, 1993]. Apparent authority doctrine. See Ostensible authority doctrine. Apparent easements. Those easements which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. [Art. 615, CC]. Appeal. 1. Rem. Law. An essential part of judicial system (the purpose of which) is to bring up for review a final judgment of the lower court. [Aguilar v. CA, GR 11482. Nov. 28, 1995]. 2. A proceeding brought to a higher court to review a lower court decision. [Glossary of Legal Terms (Pro-Se), 2004]. 3. Labor. 1. The elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of a pleading which includes the assignment of errors, memorandum of arguments
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
71 in support thereof, and the reliefs prayed for. [Sec. 1, Rule 1, Book 5, IRR of LC]. Appealable interest. (That which) a party has only when his property may be diminished, his burdens increased or his rights prejudiced by the order sought to be reviewed. [Ruiz v. CA, GR 101566. Aug. 17, 1992]. Appeal bond. A guaranty by the appealing party insuring that court costs will be paid. [Glossary of Legal Terms (Pro-Se), 2004]. Appeal by certiorari. A mode of appeal upon questions of law from the judgment of the Regional Trial Court or the Court of Appeals and is brought before the Supreme Court under Rule 45 of the Rules of Court by a Petition for review on certiorari. [Moreno’s Law Dict., 2000 Ed., p. 32]. Compare with Special civil action for certiorari. Appeal, perfection of an. The filing within the prescribed period, of the memorandum of appeal containing, among others, the assignment of error/s, the argument in support thereof, the reliefs sought and posting of the appeal
bond. [Sec. 1, Rule 1, Book 5, IRR of LC]. Appearance. 1. Voluntary submission to a court's jurisdiction. [Villegas v. Legaspi, GR 53869. Mar. 25, 1982, citing Pacilio v. Scarpati, 300 N.Y.S. 473, 478]. 2. The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. [Duhaime's Legal Dict., 2004]. Appearance as counsel. A voluntary submission to a court's jurisdiction by a legal advocate or advising lawyer professionally engaged to represent and plead the cause of another. [Haverty Furniture Co. v. Fausta, 124 S.N. 2d 694, 697]. Appellant. The party appealing a decision or judgment (before an appellate court). [Jurist’s Legal Dict., 2004]. Appellate court. A court having jurisdiction to hear appeals and review a trial court's procedure. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
72 Appellate jurisdiction. The authority of a Court higher in rank to reexamine the final order or judgment of a lower Court which tried the case now elevated for judicial review. [Garcia v. De Jesus, GR 88158. Mar. 4, 1992, citing Rem. Law Compendium, Regalado, 5th Rev. Ed., Vol. 1, p. 3]. Compare with Original jurisdiction. Appellee. The party against whom an appeal is taken. [Glossary of Legal Terms (Pro-Se), 2004]. Appendix. Supplementary materials added to the end of a document. [Glossary of Legal Terms (Pro-Se), 2004]. Application of payment. It takes place where a debtor has various debts of the same kind in favor of one and the same creditor and the debtor’s payment is not sufficient to pay all the debts due, so the debtor has the first choice to indicate which particular debt is to be paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 42, citing Art. 1252, CC]. Appoint. To allot, set apart, or designate; nominate or authoritatively assign as for a use, or to a position or office. [Borromeo v. Marciano, GR 16808. Jan. 3,
1921, citing Century Dict. and Encyc.]. Appointing authority. The person empowered to appoint the members of the board of Directors of a local water district, depending upon the geographic coverage and population make-up of the particular district. In the event that more than seventy-five percent of the total active water service connections of a local water district are within the boundary of any city or municipality, the appointing authority shall be the mayor of that city or municipality, as the case may be; otherwise, the appointing authority shall be the governor of the province within which the district is located. If portions of more than one province are included within the boundary of the district, and the appointing authority is to be the governors then the power to appoint shall rotate between the governors involved with the initial appointments made by the governor in whose province the greatest number of service connections exists. [Sec. 3, PD 198]. Appointing officer. The person or body authorized by law to make appointments in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
73 Philippine Civil Service. [Sec. 3, PD 807]. Appointing power of the President. The power of the President to nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive department, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution, and also to appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. [Sec. 16, Art. VII, 1987 Const.]. Appointment. Admin. Law. 1. The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust. 2. The selection or designation of a person, by the person or persons having authority therefor, to fill an office or public function and discharge the duties of the same. [Flores v. Drilon, GR 104732. June 22, 1993, citing Black's Law Dict., 4th Ed., p. 128]. 3. The selection, by the authority vested with the power, of an individual
who is to exercise the functions of a given office. [Flores v. Drilon, GR 104732. June 22, 1993, citing Cruz, Phil. Pol. Law, 1987 ed., p. 180]. Compare with Designation. Apportionment. The division and distribution of something into proportionate parts; to each according to his share. [Duhaime's Legal Dict., 2004]. Appraisal. The act or process of determining the value of a property as of a specific date for a specific purpose. [Sec. 3, PD 464]. Appraisal increase. This is computed by deducting historical cost from appraised values. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Appraisal right. Corp. Law. 1. The right of a stockholder of a corporation to dissent and demand payment of the fair value of his shares. [Sec. 81, Corp. Code]. 2. The right of a dissenting shareholder to require the company to purchase his shares at their fair market value. [Intl. Law Dict. & Direct., 2004]. Appraisal value. Also termed as Replacement cost or Reproduction cost. The revalued amount of property, plant and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
74 equipment determined by recognized specialists. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Appraised value. 1. The estimated value of disposable property after inspection taking into account its condition, usability and other factors. [Sec. 4, Rules and Regulations on Supply and Property Management]. 2. The quantification of the present financial values of the property, to determine the fair and said value of the property vis-à-vis the general property area in which it is located, and relative vales thereof. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Apprentice. Labor. 1. A worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under the Labor Code. [Art. 58, LC]. 2. A person bound in the form of law to a master, to learn from him his art, trade, or business, and to serve him during the time of his apprenticeship. [Wallem Maritime Services v. NLRC, GR 108433. Oct. 15, 1996, citing Bouvier’s Law Dict., 3rd Rev., Vol. I, p. 217]. Apprenticeable occupation. Labor. Any trade, form of
employment or occupation which requires more than three months of practical training on the job supplemented by related theoretical instruction. [Art. 58, LC]. Apprentice, qualifications of. Labor. To qualify as an apprentice, a person shall: (a) be at least fifteen year of age; (b) possess vocational aptitude and capacity for apprenticeship as established through appropriate tests; and (c) possess the ability to comprehend and follow oral and written instructions. [Art. 59, LC, as amended]. Apprenticeship. Labor. Practical training on the job supplemented by related theoretical instruction. [Art. 58, LC]. Apprenticeship agreement. Labor. An employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training. [Art. 58, LC]. Approbate and reprobate. In the language of the Scotch law, the rule that a party can not either in the course of litigation or in dealing in pais occupy inconsistent positions.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
75 [Bismorte v. Aldecoa & Co., GR L-5586. Dec. 10, 1910]. Appropriar. Sp. Misappropriate. To own, to take something for one's own benefit. [Sy v. People, GR 85785. Apr. 24, 1989, citing II Crim. Law, Reyes, 12th Ed., p. 729]. Appropriate adversary proceeding. One having opposing parties; contested, as distinguished from an ex parte application, one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to contest it. It excludes an adoption proceeding. [Rep. v. CFI of Camarines, GR L-36773. May 31, 1988, citing Platt v. Magagnini, 187 p. 716, 718, 110 Was. 39]. Appropriate fishing technology. Adaptable technology, both in fishing and ancillary industries, that is ecologically sound, locally source-based and labor intensive. [Sec. 4, RA 8550]. Appropriation. The legislative authorization prescribed by the Constitution that money may be paid out of the Treasury. [Gonzales v. Raquiza, GR 29627. Dec. 19, 1989, citing Martin, New Const. of the Phil., p. 399, 1987 Ed.].
Appropriation bill. A bill (in Congress) the primary and specific purpose of which is to authorize the release of funds from the public treasury. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 352]. Appropriation law. One the primary and specific purpose of which is to authorize the release of public funds from the treasury. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. Appropriation made by law. The act of the legislature setting apart or assigning to a particular use a certain sum to be used in the payment of debt or dues from the State to its creditors. [Gonzales v. Raquiza, GR 29627. Dec. 19, 1989, citing Martin, New Const. of the Phil., p. 399, 1987 Ed.]. Appropriation of water. The acquisition of rights over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law. [Art. 9, PD 1067]. Appropriations. 1. An authorization made by law or other legislative enactment, directing payment out of government funds under
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
76 specified conditions or for specified purposes. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. The estimates of expenditures in a budget when finally approved by the appropriate authorities concerned. [Sec. 14, PD 477].
series of 1979, in the case of government financial institutions and state universities and colleges; and the budget for the contract approved by the respective Sanggunian, in the case of local government units. [Sec. 5, RA 9184].
Appropriations bill. A bill filed in Congress proposing to authorize the release of funds from the public treasury. [Claridades, A., Compilation of Notes, 20012006].
Appurtenance. Something that, although detached, stands as part of another thing. An attachment or appendage to something else. [Duhaime's Legal Dict., 2004].
Appropriation sub rosa. An appropriation the purpose of which is to allot a budget which is intended to benefit legislators. To hide this to the public, the legislators agree among themselves that the same shall no longer be scrutinized and subjected to public hearings. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 342].
Aquaculture. Fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas. [Sec. 4, RA 8550].
Approved budget for the contract (ABC). The budget for the contract duly approved by the head of the procuring entity, as provided for in the General Appropriations Act (GAA) and/or continuing appropriations, in the national government agencies; the corporate budget for the contract approved by the governing boards, pursuant to EO 518,
Aquatic pollution. The introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation,
Aquatic life. All organisms living in freshwater, brackish and marine environment. [Sec 4, RA 9275].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
77 including dumping/disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum or carbonaceous materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure. [Sec. 4, RA 8550]. Aquatic resources. Fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including, but not limited to, salt and corals. [Sec. 4, RA 8550]. Aqueduct easement. The right of any person who may wish to use upon his own estate any water of which he can dispose to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. [Art. 642, CC]. Aquifer. A layer of waterbearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs. [Sec 4, RA 9275]. A quo. Lat. From which. A court a quo is a court from
which a cause has been removed. [Claridades, A., Compilation of Notes, 20012006]. Arador. Plower of land. [Moreno’s Law Dict., 2000 Ed., p. 35]. Arbitrage. Fr. arbitere: to arbitrate or to regulate. The nearly simultaneous purchase of currencies (or other commodities) in one market and its resale in another in order to profit from the price differential. [Intl. Law Dict. & Direct., 2004]. Arbitral award. The decision reached by arbitrators in an arbitration. [Tetley, Glossary of Conflict of Laws, 2004]. Arbitrary act. 1. One that arises from an unrestrained exercise of the will, caprice, or personal preference of the actor. [Webster's 3rd New Intl. Dict., p. 110]. 2. One which is not founded on a fair or substantial reason. [Words & Phrases, Permanent Ed., Vol. 3-A, p. 573). 3. One which is without adequate determining principle, non-rational, and solely dependent on the actor's will. [Words & Phrases, supra, p. 562]; [All definitions cited in Aquino v. Ponce-Enrile, GR L-35546. Sep. 17, 1974].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
78 Arbitrary detention. Crim. Law. 1. The felony committed by any public officer or employee who, without legal grounds, detains a person. [Art. 124, RPC]. 2. The deprivation by a public officer of the liberty of a person without any legal ground. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 377]. Compare with Illegal detention. Arbitration. 1. An alternative dispute resolution method by which an independent, neutral third person (arbitrator) is appointed to hear and consider the merits of the dispute and renders a final and binding decision called an award. The process is similar to the litigation process as it involves adjudication, except that the parties choose their arbitrator and the manner in which the arbitration will proceed. The decision of the arbitrator is known as an “award”. [Duhaime's Legal Dict., 2004]. 2. A process for the adjudication of disputes by which the parties agree to be bound by the decision of a third person or body in place of a regularly organized tribunal. 3. The settling of disputes between parties who agree not to go before the courts, but rather agree to accept as final the decision of experts of their choice, in a place of their
choice, usually subject to laws agreed upon in advance and usually under rules which avoid much of the formality and niceties of proof and procedure required by the courts. [Tetley, Glossary of Conflict of Laws, 2004]. Arbitration agreement. The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own. [Tetley, Glossary of Conflict of Laws, 2004]. Arbitration clause. A clause in a bill of lading, a waybill, a charter party or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause. [Claridades, A.,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
79 Compilation of Notes, 20012006]. Arbitration law. RA 876 entitled “An Act to authorize the making of arbitration and submission agreements, to provide for the appointment of arbitrators and the procedure for arbitration in civil controversies, and for other purposes” enacted on June 19, 1953. Arbitrator. 1. The person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement. [Sec. 3, RA 9285]. 2. A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence. [Glossary of Legal Terms (Pro-Se), 2004]. Archaeological site. Any place which may be underground or on the surface, underwater or at sea level which contains fossils, artifacts and other cultural, geological, botanical, zoological materials which depict and document evidences of palaeontological and prehistoric events. [Sec. 3, RA 4846].
Archipelagic sea. All waters within the baselines of an archipelago except internal waters such as roadsteads, lakes and rivers. [Sec. 4, DENR Admin. Order 95-23]. Archipelagic waters. The waters inside the archipelagic baselines of an archipelagic state other than its internal waters. [Intl. Law Dict. & Direct., 2004]. Archipelago principle. Intl. Law. The waters around, between and connecting the island of the archipelago, regardless of their breadth or dimension, are to be treated as internal waters. [Sandoval, Pol. Law Reviewer 2003]. Architect. A person professionally and academically qualified, registered and licensed under RA 9266 with a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission (PRC), and who is responsible for advocating the fair and sustainable development, welfare and cultural expression of society's habitat in terms of space, forms and historical context. [Sec. 3, RA 9266].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
80 Architect-in-charge of construction. An architect registered and licensed under RA 9266, who is directly and professionally responsible and liable for the construction supervision of the project. [Sec. 3, RA 9266]. Architect-of-record. The architect registered and licensed under RA 9266, who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specifications and contract documents he/she has signed and sealed. [Sec. 3, RA 9266]. Architectural firm. A sole proprietorship, a partnership or a corporation registered with the proper government agencies. [Sec. 3, RA 9266]. Architecture. The art, science or profession of planning, designing and constructing buildings in their totality taking into account their environment, in accordance with the principles of utility, strength and beauty. [Sec. 3, RA 9266]. Architecture, general practice of. The act of planning and architectural designing, structural conceptualization,
specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures or any part thereof; the scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building or structure performed through the medium of unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents and oral advice and directions regardless of whether the persons engaged in such practice are residents of the Philippines or have their principal office or place of business in this country or another territory, and regardless of whether such persons are performing one or all these duties, or whether such duties are performed in person or as the directing head of an office or organization performing them. [Sec. 3, RA 9266]. Architecture, scope of the practice of. Encompasses the provision of professional services in connection with site, physical and planning and the design, construction,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
81 enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings. [Sec. 3, RA 9266]. Area. The size of the land or building in square meters. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Areas for priority development (APDs). Those areas declared as such under existing statutes and pertinent executive issuances. [Sec. 3, RA 7279]. Also Urban land reform zones. Areas impacted by public facilities. Areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact. [Sec. 62, PD 1152]. Areas of critical environmental concern. Areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance. [Sec. 62, PD 1152]. Argument. An effort to establish belief by a course of reasoning. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 56].
Argumentum ab inconvenienti plurimum valet in lege. Lat. An argument from inconvenience is forcible in law. [Moreno’s Law Dict., 2000 Ed., p. 35]. Argumentum ab simili valet in lege. Lat. An argument from analogy or from a similar case is good in law. [Moreno’s Law Dict., 2000 Ed., p. 35]. Arises out of, or is necessarily connected with, the transaction or occurrence. The phrase generally means that the same evidence may be needed in supporting the claim or in refuting the opposite claim. An argument from analogy or from a similar case is good in law. [Moreno’s Law Dict., 2000 Ed., p. 35]. Armalite. A rifle with a special mechanism that can cause burst of shots with one squeeze of the trigger. An argument from analogy or from a similar case is good in law. [Moreno’s Law Dict., 2000 Ed., p. 35]. Armistice. Intl. Law. The suspension of all hostilities within a certain area (local) or in the entire region of the war (general) agreed upon by the belligerent
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
82 governments, usually for the purpose of arranging the terms of the peace. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144]. Arms and great seal of the Republic of the Philippines. The Arms of the Philippines which shall have paleways of two (2) pieces, azure and gules; a chief argent studded with three mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor and lesser rays. Beneath shall be a scroll with the words Republic of the Philippines, or its equivalent in the national language, inscribed thereon. The Great Seal shall be circular in form, with the arms as described in the preceding paragraph, but without the scroll and the inscription thereon, and surrounding the whole, a double marginal circle within which shall appear the words Republic of the Philippines, or its equivalent in the national language. For the purpose of placing the Great Seal, the color of the arms shall not be deemed essential. [Sec. 14, EO 292]. Arnibal. Tag. A sweet sauce. [Moreno’s Law Dict., 2000 Ed., p. 35].
Arousal. Legal Med. The state of sexual excitement during which blood flow to the genital area increases, leading to an erection in men and in enlargement of the clitoris, engorgement of the vaginal walls and increased vaginal secretions in women. [Olarte, Legal Med., 1st Ed. (2004), pp. 111112]. Arraignment. 1. The reading of the complaint or information by the judge or clerk to the defendant and delivering to the latter a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not guilty as charged. [Sec. 1, Rule 116, RoC]. 2. The formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty. The arraignment is the final preparatory step before the criminal trial. [Duhaime's Legal Dict., 2004]. 3. The hearing at which the accused is brought before the court to plead to the criminal charge. He may plead guilty, not guilty, or where permitted Nolo contendere. [Glossary of Legal Terms (Pro-Se), 2004]. Arrangement. Intl. Law. See Agreement.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
83 Arras. See Earnest money. Arrastre charge. The amount which the owner, consignee, or agent of either, of article or baggage has to pay for the handling, receiving and custody of the imported or exported article or the baggage of the passengers. [Sec. 3101, RA 1937]. Arrastre charges. Fees for the services of the arrastre operator, to be paid by the consignee before the delivery of the cargo. [Moreno’s Law Dict., 2000 Ed., p. 35]. Arrears. A debt that is not paid on the due date which adds up and accumulates as arrears. [Duhaime's Legal Dict., 2004]. Arrest. 1. The taking of a person into custody in order that he may be bound to answer for the commission of an offense. [Sec. 1, Rule 113, RoC]. 2. An actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. [Sec. 2, Rule 113, RoC]. 3. Restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law. [Larranaga v. CA, GR 130644. Mar. 13, 1998,
citing Moreno, Phil. Law Dict., 3rd Ed. (1988), p. 72]. Arresto mayor. The penalty the duration of which shall be from one month and one day to six months (of imprisonment). [Art. 27, RPC]. Arresto menor. The penalty the duration of which shall be from one day to thirty days (of imprisonment). [Art. 27, RPC]. Arrival under stress. Also Involuntary entrance. Mar. Law. 1. When a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination. [Sec. 1016, RA 1937]. 2. In voluntary entrance may be due to lack of provisions, unseaworthiness of the vessel, inclement weather, or other case of force majeure, such as pursuit by pirates. [Sandoval, Pol. Law Reviewer 2003]. Arson. The act of any person who burns or sets fire to the property of another. [Sec. 1, PD 1613]. Arson. Elements: (a) That there is intentional burning; and (b) that what is intentionally burned is an inhabited house or dwelling. [People v. Arbolante, GR
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
84 96713, Oct. 17, 1991, 203 SCRA 85, 97]. Arson of property of small value. The arson of any uninhabited hut, storehouse, barn, shed, or any other property the value of which does not exceed P25, committed at a time or under circumstances which clearly exclude all danger of the fire spreading. [Art. 323, RPC]. Arson, other forms of. Arson consisting in the burning of other property and under the following circumstances: 1. if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more persons; (b) if the building burned is a public building; (c) if the building burned is a public building and the purpose is to destroy evidence kept therein to be used in instituting prosecution for the punishment of violators of the law; (d) if the building burned is a public building and the purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative proceedings; (e) if the arson shall have been committed with the intention of collecting under an insurance policy against
loss or damage by fire; (f) if an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle; (g) if a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire; (h) if grain fields, pasture lands, or forests, or plantings are set on fire; (i) if a building not used as a dwelling or place of assembly, located in a populated place, is set on fire; (j) if a building used as dwelling located in an uninhabited place is set on fire; or (k) when the property burned consists of grain fields, pasture lands, forests, or plantations when the value of such property does not exceed P200. [Art. 321, RPC, as amended by RA 5467]. Art dealer. Any person or entity who sells or otherwise deals in works of fine art for profit or gain, such as art galleries, art brokers and agents. [Sec 3, RA 9105]. Art forgery. An act committed by any person or entity who: (a) affixes or causes to appear a usurped or forged signature or sign
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
85 on any work of fine art; (b) counterfeits or imitates any original signature or sign, with the intent to deceive the public or the buyer as to the authorship of a work of art; (c) sells or circulates any work of fine art bearing forged or usurped signatures or signs; and (d) imitates or reproduces any work of fine art with intent to deceive the public or the buyer as to the authenticity of the work. [Sec 3, RA 9105]. Arthritis, acute. Inflammation of a joint marked by pain, swelling, heat and redness; the result of rheumatism or gout. [Meñez v. ECC, GR L-48488. Apr. 25, 1980, citing The Simplified Medical Dict. for Lawyers, p. 56]. Articles of incorporation. 1. The document prepared by the persons establishing a corporation and containing the matters required by the Corporation Code filed with the SEC. [Claridades, A., Compilation of Notes, 20012006]. 2. The basic instrument creating and defining a particular corporation which is filed with a state agency at the time of the firm's incorporation. [Intl. Law Dict. & Direct., 2004]. Artifacts. Articles which are products of human skills or
workmanship, especially in the simple product of primitive arts or industry representing past eras or periods. [Sec. 3, RA 4846]. Artificial feeding. Formula feeding.
See
Artificial insemination. A process in which the male gametes, the spermatozoa, are collected and introduced artificially into the female genital tract for the purpose fertilization. [Nolledo, The Family Code of the Phils. Annotated, 2000 Rev. Ed., p. 263]. Artificial reefs. Any structure of natural or man-made materials placed on a body of water to serve as shelter and habitat, source of food, breeding areas for fishery species and shoreline protection. [Sec. 4, RA 8550]. Artisanal fisher folk. Municipal, small scale or subsistence fishermen who use fishing gear which do not require boats or which only require boats below three (3) tons. [Sec. 3, RA 8425]. Artworks. The making of decorative or artistic objects by hand; the decoration of artistic objects so made; artistic work produced in quantity. [Ozaeta v. CA, GR
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
86 95226. Nov. 18, 1993, citing Webster's 3rd New Intl. Dict.]. Ascariasis. Infestation with ascaris lumbricoides. Its vehicles for transmission are the fecally contaminated food and drinks. Portal of entry is through the oral route. [Chavez v. ECC, GR L61931. Mar. 31, 1987]. Ascendant-reservista. Reservista.
See
Ascending direct line. The rule in succession that, in default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. [Art. 985, CC]. Asesinato. Sp. Murder. [US v. Alias, GR L-6116. Feb. 27, 1911]. As in default. Under Sec. 2, Rule 20 of the 1964 Rules of Court, a party who fails to appear at a pre-trial conference may be nonsuited or considered as in default. This contemplates a scenario wherein the defendant in a suit had already filed his answer (therefore had set up both his negative and affirmative defenses) but failed to comply with the mandate of the Rules in not appearing at the scheduled pre-trial
hearing. This provision no longer exists under the 1997 Rules of Procedure. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with In default. As is where is. The phrase refers to the physical condition of the thing subject matter of the agreement. [Moreno’s Law Dict., 2000 Ed., p. 37]. Asphyxia. Suffocation. [People v. Marquez, GR L48834. Sep. 14, 1987.] Asportation. Severance of goods from the possession of the owner and absolute control of the property by the taker, even for an instant. [People v. Apolinario, GR 97426. June 3, 1993, citing 184 SCRA at 677]. 2. The taking of a thing out of the possession of the owner without his privity and consent and without the animus revertendi. [People v. Salvilla, GR 86163. Apr. 26, 1990, citing Aquino, Rev. Penal Code]. Assault. Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
87 Assay. A test by means of chemical analysis to determine the purity of fineness of metals, particularly the precious metals. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 111, citing Morrison, Mining Rights, p. 491-492]. Assessed value. The value placed on taxable property by the assessor for ad valorem tax purposes. The assessed value when multiplied by the tax rate will produce the amount of tax due. It is synonymous to Taxable value. [Sec. 3, PD 464]. Assessment. The act or process of determining the value of a property, or proportion thereof, subject to tax, including the discovery, listing and appraisal of properties. [Sec. 3, PD 464]. Assessment level. The percentage applied to the market value to determine the taxable or assessed value of the property. [Sec. 3, PD 464]. Assessment work. In mining, the proof of annual work obligations which are works or improvements necessary and instrumental in developing the mines and extracting ores therefrom. It
is actual work done in the area. [Moreno’s Law Dict., 2000 Ed., p. 38]. Asset-backed securities (ABS). The certificates issued by a special purpose entity (SPE), the repayment of which shall be derived from the cash flow of the assets in accordance with the Plan. [Sec. 3, RA 9267]. Asset pool. The group of identified, homogeneous assets underlying the assetbacked securities (ABS). [Sec. 3, RA 9267]. Assets. Loans or receivables or other similar financial assets with an expected cash payment stream. The term shall include, but shall not be limited to, receivables, mortgage loans and other debt instruments, and shall exclude receivables from future expectation of revenues by government, national or local, arising from royalties, fees or imposts. [Sec. 3, RA 9267]. Assign. To give, to transfer responsibility, to another. The assignee (sometimes also called assigns) is the person who receives the right or property being given and the assignor is the person giving. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
88 Assignee. One who is only entitled to receive the share of the profits or other compensation by way of income, or the return of the contribution, to which his assignor (limited partner) would other wise be entitled. But an assignee has no right to require any information or account of the partnership’s transactions or to inspect the partnership’s books. A substituted partner has all these rights. [Diaz, Bus. Law Rev., 1991 Ed., p. 238]. Assignment. 1. A transfer or making over to another of the whole of any property, real or personal, in possession or in action, or of any estate or right therein. It includes transfers of all kinds of property, and is peculiarly applicable to intangible personal property and, accordingly, it is ordinarily employed to describe the transfer of non-negotiable choses in action and of rights in or connected with property as distinguished from the particular item or property. [PNB v. CA, GR 118357. May 6, 1997, citing Moreno's Phil. Law Dict., 3rd Ed., p. 75]. 2. The transfer of a right or interest in property by one person to another. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. Assignment for the benefit of creditors. The transfer
by an insolvent debtor of all his property to another for the purpose of arriving at an adjustment with his creditors. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. Assignment of credit. 1. An agreement by virtue of which the owner of a credit, known as the assignor, by a legal cause, transfers his credit and its accessory rights to another, known as the assignee, who acquires the power to enforce it to the same extent as the assignor could have enforced it against the debtor. [Casabuena v. CA, GR 115410. Feb. 27, 1998, citing Tolentino, Civil Code of the Phil. (Book V), p. 188]. 2. The process of transferring the right of the assignor to the assignee who would then have the right to proceed against the debtor. The assignment may be done either gratuitously or onerously, in which case, the assignment has an effect similar to that of a sale [Nyco Sales Corp. v. BA Finance Corp., GR 71694, Aug. 16, 1991; Paras, Civil Code of the Phil., Annotated, Vol. V, 1982 Ed., p. 235]. Assignment of errors. The errors intended to be urged as required by the Rules to be contained in the appellant’s brief (which) errors shall be separately,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
89 distinctly and concisely stated without repetition, and shall be numbered consecutively. [Sec. 13, Rule 44, RoC]. Assignment of lease. That act contemplated in Art. 1649 of the Civil Code, viz: “The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary.” [Sec. 2, BP 877; Sec.4, RA 9161]. Assist. 1. To lend an aid to. [Sinon v. CSC, GR 101251. Nov. 5, 1992, citing Peabody v. Town of Holland, 178 A. 888, 889 107 Vt. 237, 98 A.L.R. 866]. 2. To contribute effort in the complete accomplishment of an ultimate purpose intended to be effected by those engaged. [Ibid, citing People v. Thurman, 62 Cal. App. 147; 216 P. 394 (1923)]. Compare with Recommend. Associated person of a broker or dealer. An employee therefor whom, directly exercises control of supervisory authority, but does not include a salesman, or an agent or a person whose functions are solely clerical or ministerial. [Sec. 3, RA 8799]. Associated words doctrine. See Noscitur a Sociis.
Associates. The term by which younger or more inexperienced salaried attorneys in most firms are called. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Association. The act of a number of persons in uniting together for some special purpose or business. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. Assumpsit. Lat. He undertook; he promised. 1. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. 2. A common law form of action which lies for the recovery of damages for the non-performance of a parol or simple contract; or a contract that is neither of record nor under seal. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 63]. Assumption of risk. A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger. [Glossary of Legal Terms (Pro-Se), 2004]. Assured. The person for whose benefit the insurance is granted. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 23].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
90 Aswang. Tag. An injurious and evil character believed to be capable of assuming various and different forms, especially that of a dog, and harassing usually in the depth of night women who are about to give birth. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Asylum. Intl. Law. 1. A privilege granted by a state to allow an alien escaping from the persecution of his country for political reasons remain and grant him asylum. [Sandoval, Pol. Law Reviewer 2003]. 2. A sanctuary, or place of refuge and protection, where criminals and debtors find shelter and from which they could not be take without sacrilege. While a foreign country has the right to offer an asylum to fugitives from other countries, there is no corresponding right on the part of the alien to claim asylum. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 64]. Atentado contra la autoridad. Sp. Assault upon a person in authority. [Tacas v. Cariaso, GR L-37406. Aug. 31, 1976]. See Direct assault. At issue. The time in a lawsuit when the complaining party has stated his claim and the other side
has responded with a denial and the matter is ready to be tried. [Glossary of Legal Terms (Pro-Se), 2004]. At least one-year service. Labor. Service for not less than 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year. [Sec. 3, Rule 5, LC]. Attachment. 1. A juridical institution which has for its purpose to secure the outcome of the trial that is the satisfaction of the pecuniary obligation really contrasted by a person or believed to have been contracted by him, either by virtue of a civil obligation emanating from contract or from law, or by virtue of some crime or misdemeanor that he might have committed, and the writ issued, granted it, is executed by attaching and safely keeping all the movable property of the defendant, or so much thereof as may be sufficient to satisfy the plaintiff's
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
91 demands. [Herrera, Remedial Law, Vol. 3, p. 1, citing Guzman v. Catolico (65 Phil. 257); Gruenberg v. CA (138 SCRA 471)]. 2. A provisional remedy in the form of an order issued by a judge before whom the proper action is pending by which the property of the adverse party is taken into legal custody, either at the commencement of the action or at any time thereafter before final judgment, as security for the satisfaction of a judgment obtained by the prevailing party. 2. Taking a person's property to satisfy a courtordered debt. [Glossary of Legal Terms (Pro-Se), 2004]. Attack. Any offensive or antagonistic movement or action of any kind and the drawing of a pistol from the holster at the hip and the aiming of that pistol at a person. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 415, citing People v. Ladena, CA GR 6008-R, Mar. 8, 1951]. Attempt. An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution. [Jurist’s Legal Dict., 2004]. Attempted felony. A felony where the offender commences the commission
of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. [Art. 6, RPC]. Attestation. Succ. It consists in witnessing the testator's execution of the will in order to see and take note mentally that those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a fact. [In Re: Taboada v. Rosal, GR L-36033. Nov. 5, 1982]. Attestation clause. Succ. 1. That part of an ordinary will whereby the attesting witnesses certify that the instrument has been executed before them and to the manner of the execution of the same. [Testate Estate of Paula Toray, 87 Phil. 139 (1950)]. 2. A separate memorandum or record of the facts surrounding the conduct of execution and once signed by the witnesses, it gives affirmation to the fact that compliance with the essential formalities required by law has been observed. [Vda. de Ramos, v. CA, 81 SCRA 393 (1978)]. 3. It is made for the purpose of preserving in a permanent
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
92 form a record of the facts that attended the execution of a particular will, so that in case of failure of the memory of the attesting witnesses, or other casualty, such facts may still be proved. [Leynez v. Leynez, 68 Phil. 745 (1939)]. Attested will. See Ordinary will. Attorney. An alternate word for lawyers. A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation. [Duhaime's Legal Dict., 2004]. Attorney-at-law. A person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc. [Black’s Law Dict. 6th Ed., p. 128]. Attorney-in-fact. 1. A person who has been appointed by another to act in his behalf and in his name. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. An agent whose authority is strictly limited by the instrument appointing him, though he may do
things not mentioned in his appointment necessary to the performance of the duties specifically required of him, such authority being necessarily implied. [Phil. Legal Encyc., p. 66]. Attorney of record. The principal attorney in a lawsuit, who signs all formal documents relating to the suit. [Glossary of Legal Terms (Pro-Se), 2004]. Attorney’s fee. A reasonable compensation to which the attorney is or shall be entitled to have and recover from his client for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. [Claridades, A., Compilation of Notes, 20012006]. Attorneys' liens. A lien which an attorney shall have upon the funds, documents and papers of his client which have lawfully come into his possession and which he may retain until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
93 executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. [Sec. 37, Rule 138, RoC]. Attorney’s or lawyer’s oath. The oath of office which every lawyer in the Philippines has to take before he is allowed to practice law. The full text reads: "I, _______________________ of _________________________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood nor consent to its commission; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will not delay any man's cause for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients and I impose upon myself this obligation voluntary, without any mental reservation or purpose of evasion. SO HELP ME GOD." [Form 28, appended to the RoC as revised on Oct. 25, 1979 , 91 SCRA xv]. Attorney's retaining lien. A general lien for the balance of the account between the attorney and his client, and applies to the documents and funds of the client which may come into the attorney's possession in the course of his employment. [Ampil v. Agrava, GR L27394. July 31, 1970, citing Black's Law Dict., 4th Ed., 165]. Compare with Charging or special lien. Attorney’s signature. The signature of a counsel representing a party on every pleading (which signature) constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief, there
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
94 is good ground to support it; and that it is not interposed for delay. [Sec. 3, Rule 7, RoC]. Attractive nuisance doctrine. The doctrine that where a person maintains in his premises a dangerous instrumentality of a character which is attractive to children of tender years at play and who fails to exercise due diligence to prevent such children form playing therewith or resorting or resorting thereto, is liable to a child who is injured thereby, even if the child is technically a trespasser. [Claridades, A., Compilation of Notes, 20012006]. Attrition. The reduction of personnel as a result of resignation, retirement, dismissal in accordance with existing laws, death or transfer to another office. [Sec. 2, RA 7430]. Auction. A public sale of property to the highest bidder by a person called the auctioneer who must be authorized by law. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. Audi alteram partem. Lat. Hear the other party. 1. The right to he heard should not be ruled out. [Torres v. Borja, GR L-31947. Mar. 21,
1974]. 2. A principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. [Duhaime's Legal Dict., 2004]. Audiovisual work or fixation. A work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible. [Sec. 202, RA 8293]. Audit. To examine and adjust. To examine an account, compare it with the vouchers, adjust the same, and to state the balance, by persons legally authorized for the purpose. [Ynchausti & Co. v. Wright, GR 23601. Sep. 22, 1925, citing Words and Phrases, Vol. 1, 1st Series, pp 639-640]. Auditing Code of the Philippines. PD 1445 signed into law on June 11, 1978. Auditorial function of an auditor. As a representative of the Commission on Audit, his function comprises three aspects: (a) examination; (b) audit: and (c) settlement of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
95 the accounts, funds, financial transactions and resources of the agencies under their respective audit jurisdiction. [Arias v. Sandiganbayan, GR 81563. Dec. 19, 1989, citing Sec. 43, Govt. Auditing Code of the Phil.]. Auscutate. To listen to the sounds arising within organs as an aid to diagnosis and treatment, the examination being made either by the use of the stethoscope or by direct application of the ear to the body. [Ramos v. CA, GR 124354, Apr. 11, 2002]. Authentication. Evid. The proof of a document’s due execution and genuineness if the purpose is to show that it is genuine, or proof of its forgery, if its purpose is to show that the document is a forgery. [Claridades, A., Compilation of Notes, 20012006]. Authentic notice. Constancia autentica. [Art. 749, Civil Code]. "The acceptance having been made in the deed of gift itself, notification thereof to the donor in a ‘constancia autentica’ was evidently not necessary." [Kapunan v. Casilan, L-8178, Oct. 31, 1960]. Authentic writing. A writing which, for purposes of Art.
278 of the Civil Code, is the genuine or indubitable writing of the father (or mother), and includes a public instrument (one acknowledged before a notary public or other competent official with the formalities required by law) and, a public or official document in accordance with the Rules of Court. [Banaag v. Bartolome, GR 76245. Dec. 20, 1991]. Author. The natural person who has created the work. [Art. 171, RA 8293]. Authority. Labor. A document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. [Art. 13, LC]. Authorized capital stock. It is synonymous with capital stock where the shares of the corporation have par value. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 52]. Authorized-cause dismissal. Labor. A form of terminating employeremployee relationship with a liability on the part of the employer to pay separation pay as mandated by law. [Poquiz, Labor Rel. Law,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
96 1999 Ed. p. 349]. Compare with Just-cause dismissal. Authorized driver clause. Ins. 1. A clause which provides that an authorized driver must not only be permitted to drive by the insured but that he is permitted under the law and regulations to drive the motor vehicle and is not disqualified from so doing under any enactment or regulation. [Stokes v. Malayan Ins. Co., GR L34768. Feb. 24, 1984]. 2. The main purpose of the clause is that a person other than the insured owner, who drives the car on the insured's order, such as his regular driver, or with his permission, such as a friend or member of the family or the employees of a car service or repair shop, must be duly licensed drivers and have no disqualification to drive a motor vehicle. [Villacorta v. Ins. Comm., 100 SCRA 467]. Aut judicare aut dedere. Lat. either adjudicate or extradite. A rule, common to anti-terrorism treaties, that requires a contracting state either to prosecute an alleged offender who is within its territory or to extradite the offender to another contracting state for prosecution there. [Intl. Law Dict. & Direct., 2004].
Automated election system. A system using appropriate technology for voting and electronic devices to count votes and canvass/consolidate results. [Sec. 2, RA 8436]. Automatic. Involuntary either wholly or to a major extent so that any activity of the will is largely negligible; of a reflex nature without volition; mechanical; like or suggestive of an automation. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004, citing Webster’s 3rd New Intl. Dict.]. Automatically. In an automatic manner; without thought or conscious intention. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004, citing Webster’s 3rd New Intl. Dict.]. Automatic appropriation for debt service. (Appropriation in the General Appropriations Act) authorized by P.D. No. 81, entitled "Amending Certain Provisions of Republic Act Numbered Four Thousand Eight Hundred Sixty, as Amended (Re: Foreign Borrowing Act), "by P.D. No. 1177, entitled "Revising the Budget Process in Order to Institutionalize the Budgetary Innovations of the New Society," and by P.D.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
97 No. 1967, entitled "An Act Strengthening the Guarantee and Payment Positions of the Republic of the Philippines on Its Contingent Liabilities Arising out of Relent and Guaranteed Loans by Appropriating Funds For The Purpose." [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Automobile. Any four (4) or more wheeled motor vehicle regardless of seating capacity, which is propelled by gasoline, diesel, electricity or any other motive power: Provided, That for purposes of RA 9224, buses, trucks, cargo vans, jeeps, jeepneys or jeepney substitutes, single cab, chassis, and specialpurpose vehicles shall not be considered as automobiles. [RA 9224]. Autonomy. It is either decentralization of administration or decentralization of power. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989]. Autonomy in contracts, Freedom to contract or Liberty in contracts. The rule in Art. 1306, of the Civil Code that the contracting parties may establish such stipulations as they may deem convenient, provided they are not contrary to law, morals, good customs, public
order or public policy. [Manila Resource Dev. Corp. v. NLRC, GR 75242. Sep. 2, 1992]. Autoptic proference. The inspection by the tribunal of the thing itself and its condition. [Tiglao v. Comelec, GR L-31566 & L31847. Aug. 31, 1970]. See Real evidence. Autosexual. Legal Med. A deviate who would rather have masturbation than make love with his/her partner of the opposite sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Autrefois acquit. Fr. Previous acquittal. It refers to an accused who cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted. [Duhaime's Legal Dict., 2004]. Autrefois attaint. Fr. Attainted for a felony. It refers to a person who cannot be tried again for the same offence. [Duhaime's Legal Dict., 2004]. Autrefois convict. Fr. Previous conviction. It refers to the plea made by the accused if he maintains that the previous trial resulted in conviction. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
98 Auxiliary crop. Any product raised other than the crop to which the cultivation of the land is principally devoted in each agricultural year; and excluding the produce of the lot referred to in Sec. 22, par. 3 of RA 2263. [Sec. 2, RA 2263]. Auxiliary language. A particular language, spoken in certain places, which supports or helps the national and/or official languages in their assigned functions. [Sec. 3, RA 7104]. Auxiliary social services. The supportive activities in the delivery of social services to the marginalized sectors of society. [Sec. 4, RA 7277]. Average. Mar. Ins. Any extraordinary or accidental expense incurred during the voyage for the preservation of the vessel, cargo or both and all damages to the vessel and cargo form the time it is loaded and the voyage commenced until it ends and the cargo unloaded. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 117]. Average annual income. The sum of the annual income as herein defined actually obtained by a
province, city or municipality during the required number of consecutive calendar years immediately preceding the general reclassification of local governments, divided by such number of calendar years, as may be certified to by the Commission on Audit for purposes of such reclassification of provinces, cities and municipalities. [Sec. 4, EO 249, July 25, 1987]. Average monthly compensation. The quotient after dividing the aggregate compensations received by the member for the last three years immediately preceding his death/separation/disability/r etirement, by the number of months he received said compensation, or three thousand pesos, which ever is smaller. [Sec. 2, PD 1146]. A vinculo matrimonii. Lat. Of marriage. 1. The term is now used to refer to a final and permanent divorce. [Duhaime's Legal Dict., 2004]. 2. The Civil Code of the Philippines, now in force, does not admit absolute divorce, quo ad vinculo matrimonii; and in fact it does not even use that term, to further emphasize its restrictive policy on the matter, in contrast to the preceding legislation (Act
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
99 2710) that admitted absolute divorce on grounds of adultery of the wife or concubinage of the husband. [Tenchavez v. Escaño, GR L19671. Nov. 29, 1965]. Avoidance of the law. In conflict of laws, the intentional arrangement of connecting factors (contacts) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction. The opposite of evasion of the law (Fraude à la loi). [Tetley, Glossary of Conflict of Laws, (Internet)].
Award. Any partial or final decision by an arbitrator in resolving the issue in a controversy. [Sec. 3, RA 9285]. Awning. A movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded, or collapsed against the face of a supporting building. [Sec. 1203, PD 1096].
Avulsion. 1. The segregation by the current of a river, creek or torrent from an estate on its bank a known portion of land and transferring it to another estate. The owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. [Art. 459, CC]. 2. Land accretion that occurs by the erosion or addition of one's land by the sudden and unexpected change in a river stream such as a flash flood. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
100 Baby rocket. A firecracker with a stick so constructed that lighting of the wick will propel the whole thing to lift a few meters before exploding. The firecracker is about 1 1/2 inches in length by 3/8 inch in diameter while the stick is about a foot in length. [Sec. 2, RA 7183]. BAC. The Bids and Awards Committee established in accordance with Art. V of RA 9184. Back pay. Pay awarded for work that could have been performed by the employee except that he was prevented from doing so because of his illegal dismissal by the employer. [Phil. Veterans Bank Employees Union v. Phil. Veterans Bank, GR 67125. Aug. 24, 1990]. Backwages. Wages granted on the basis of equity for earnings which a worker or employee has lost due to his illegal dismissal. [Cathedral Schl. of Tech. v. NLRC, GR 101438. Oct. 13, 1992].
-B-
Backward shifting. The transfer of the burden of the tax from the consumer or purchaser through the factors of distribution to the factors of production. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 56].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
101 Bad faith. 1. A state of mind affirmatively operating with furtive design or with some motive of self-interest or ill will or for ulterior purpose. [Air France v. Carrascoso, GR L-21438. Sep. 28, 1966]. 2. The neglect or refusal to fulfill a duty, not prompted by an honest mistake, but by some interested or sinister motive. [State v. Griffin, 100 S.C. 331, 84 S.E. 876, cited in Black's Dict., 4th Ed., 1951, p. 176]. Bad faith of a possessor in reference to land. There is a presumption of bad faith whenever a possessor is aware that there exists in his title or mode of acquisition any flaw which invalidates it. [Art. 526, CC]. Bad faith on the part of the landowner. There is bad faith whenever the act was done with the knowledge of the landowner and without opposition on his part. [Art. 453, CC]. Badges of fraud. If the fraud or intent to defraud cannot be established by means of the presumptions enunciated in Art. 1387 of the Civil Code, it may still be proved in accordance with the ordinary rules of evidence. This may be done by proving the existence of any one of the following circumstances which have
been denominated by the courts as badges of fraud: (a) The fact that the cause or consideration of the conveyance is inadequate; (b) a transfer made by a debtor after suit has been begun and while it is pending against him; (c) a sale on credit by an insolvent debtor; (d) evidence of large indebtedness or complete insolvency; (e) the transfer of all or nearly all of his property by a debtor, esp. when he is insolvent or greatly embarrassed financially; (f) the fact that the transfer is made between father and son, when there are present others of the above circumstances; (g) the failure of the vendee to take exclusive possession of all property. [Claridades, A., Compilation of Notes, 20012006]. Baggage. Such articles of apparel, ornament, etc., as are in daily use by travelers, for convenience according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or ultimate purpose of the journey. Only such articles of necessity or convenience as are generally carried by passengers for their personal use. [Comm. of Customs v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
102 Geronimo, GR L-31642. Oct. 28, 1977, citing Bouvier's Law Dict., Vol. 1, p. 305].
while it remains in his possession. [Duhaime's Legal Dict., 2004].
Bail. 1. The security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of a corporate surety, property bond, cash deposit, or recognizance. [Sec. 1, Rule 114, RoC]. 2. Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. Bail and bond are often used interchangeably. [Glossary of Legal Terms (Pro-Se), 2004].
Bailiff. An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum. [Jurist’s Legal Dict., 2004].
Bail bond. An obligation signed by the accused to secure his presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as Bond. [Glossary of Legal Terms (Pro-Se), 2004]. Bailee. The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property
Bailment. 1. The relationship created when the owner of property, the bailor, delivers it to another, the bailee, for some specific purpose. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (e.g. storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment. [Duhaime's Legal Dict., 2004]. Bailor. The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment. [Duhaime's Legal Dict., 2004]. Bakia. Tag. Wooden shoes. [People v. Resayaga, GR L49536. Mar. 30, 1988]. Baklad. Tag. See Fish corral.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
103 Balance. A remainder or something remaining from the original total sum already agreed upon. [Adelfa Properties, Inc. v. CA, GR 111238. Jan. 25, 1995]. Balance of power. Intl. Law. An arrangement of affairs so that no state shall be in apposition to have absolute mastery and dominion over others. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 50, citing Vattel]. Balancing test. 1. The test applied by courts in determining whether or not an accused has been denied his right to a speedy trial, in which the conduct of both the prosecution and the accused is weighed, and such factors as length of the delay, reason for the delay, the accused's assertion or non-assertion of his right, and prejudice to the accused resulting from the delay, are considered. [Hipolito v. CA, GR 108478-79. Feb. 21, 1994]. Also known as Fourfactor balancing test. 2. When particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the
particular circumstances presented. [American Communications Asso. v. Douds, Yap v. Boltron, 100 Phil. 324 (1956)]. Compare with Clear and present danger rule and Dangerous tendency doctrine. Balikbayan. A Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year, a Filipino overseas worker, or former Filipino citizen and his or her family who had been naturalized in a foreign country and comes or returns to the Philippines. [Sec 2, RA 9174; Sec. 2. RA 6768]. Banco. Sp. Bench. The local term for (a) particular long chair. [People v. Pastoral, GR 51686. Sep. 10, 1993]. Band. Also En cuadrilla. A group of more than three armed malefactors who take part in the commission of a robbery. [Art. 296, RPC]. Bangko Sentral ng Pilipinas. The independent central monetary authority (of the Republic of the Philippines) that shall function and operate as an independent and accountable body corporate in the discharge of its mandated responsibilities concerning money, banking
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
104 and credit. [Sec. 1 & 2, RA 7653]. Bangungot. Tag. 1. Asphyxial cardiorespiratory failure. [People v. Narciso, GR L24484. May 28, 1968]. 2. A natural disease locally called (as such) where the victim dies in his sleep allegedly due to bad dreams or nightmares. 3. A theoretical disease — whose remote and immediate cause, pathology and cure have not as yet been accurately determined and scientifically established and confirmed. [Luzon Brokerage Co., Inc. v. Dayao, GR L-10362. Nov. 27, 1959]. Bank. 1. Every banking institution, as defined in Sec. 2 of RA 337, as amended, otherwise known as the General Banking Act. A bank may either be a commercial bank, a thrift bank, a development bank, a rural bank or a specialized government bank. [Sec. 22, NIRC, as amended]. 2. (a) A banking institution organized under the laws of the Philippines, (b) any other banking institution or trust company, doing business under the laws of the Philippines, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national
banks. [Sec. 3, RA 2629]. 3. A moneyed institute founded to facilitate the borrowing, lending, and safe-keeping of money and to deal in notes, bills of exchange, and credits. [Rep. v. Security Credit & Acceptance Corp., GR L-20583. Jan. 23, 1967]. Bank deposit. Money held by a bank. The bank may freely use this money as it best sees fit. A depositor only has a claim against the bank as a general creditor and not as a bailor of specific property deposited with the bank. [Intl. Law Dict. & Direct., 2004]. Bank draft. 1. A bill of exchange drawn by a bank upon its correspondent bank, issued at the solicitation of a stranger who purchases and pays therefor. [Citytrust Banking Corp. v. CA, GR 92591. Apr. 30, 1991, citing Kohler v. First Natl. Bank, 289 P 47, 49, 157 Wash. 417 1930)]. 2. An order for payment of money. [Ibid., citing Polotsky v. Artisans Savings Bank, Del. 180 A. 791, 792, 7 WW. Harr 142 (1935)]. Banker’s acceptance bill. Nego. Inst. A bill of exchange of which the acceptor is a bank or banker engaged generally in the business of granting banker’s acceptance credit. This is the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
105 same as Trade acceptance bill, the only difference is it is drawn against a bank instead of the buyer. [Diaz, Bus. Law Rev., 1991 Ed., p. 365]. Banker’s check. A chose in action, or evidence of the right of the real owner. [Moreno’s Law Dict., 2000 Ed., p. 45]. Banking franchise. An authority granted by the monetary board to conduct banking business (in the Philippines) as provided for under the pertinent laws. d thenceforth be called. [Claridades, A., Compilation of Notes, 2001-2006]. Banking institution and Bank. The terms are synonymous and interchangeable and specifically include banks, banking institutions, commercial banks, savings banks, mortgage banks, trust companies, building and loan associations, branches and agencies in the Philippines of foreign banks, hereinafter called Philippine branches, and all other corporations, companies, partnerships, and associations performing banking functions in the Philippines. [Sec. 2, RA 337]. Bank reserves. The reserves required of all banks
operating in the Philippines to maintain against their deposit liabilities in order to control the volume of money created by the credit operations of the banking system. [Sec. 94, RA 7653]. Bankruptcy. 1. The formal condition of an insolvent person being declared bankrupt under law. The legal effect is to divert most of the debtor's assets and debts to the administration of a third person, sometimes called a trustee in bankruptcy, from which outstanding debts are paid pro rata. Bankruptcy forces the debtor into a statutory period during which his commercial and financial affairs are administered under the strict supervision of the trustee. [Duhaime's Legal Dict., 2004]. 2. Statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or discharged from their debts, perhaps by paying a portion of each debt. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
106 Banks. Collectively, the rural banks, cooperative banks, and private development banks as defined in par. 17, 18 and 19, Sec. 3 of RA 7607. [Sec. 4, RA 7607]. Banks and other financial institutions. Non-bank financial intermediaries, lending investors, finance and investment companies, pawnshops, money shops, insurance companies, stock markets, stock brokers and dealers in securities and foreign exchange, as defined under applicable laws, or rules and regulations thereunder. [Sec. 131, RA 7160]. Banned hazardous substance. (a) Any toy or other articles intended for use by children, which are hazardous per se, or which bear or contain substances harmful to human beings; or (b) any hazardous substance intended or packaged in a form suitable for use in the household, which the implementing agency by regulation, classifies as banned hazardous substance notwithstanding the existence of cautionary labels, to safeguard public health and safety. [Art. 4, RA 7394]. Baptismal certificate. 1. A private document, which,
being hearsay, is not a conclusive proof of filiation (and) does not have the same probative value as a record of birth, an official or public document. [In Re: Pabellar v. CA, GR L-27298. Mar. 4, 1976]. 2. While (it) may be considered (a) public document, (it) can only serve as evidence of the administration of the sacraments on the dates so specified. (It is) not necessarily competent evidence of the veracity of entries therein with respect to the child's paternity. [Fernandez v. CA, GR 108366. Feb. 16, 1994]. Bar. 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The whole body of attorneys and counselors. Collectively, the members of the legal profession. [Black’s Law Dict., 6th Ed., p. 148]. Bar admission. The act by which one is licensed to practice before the courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
107 grounds of reciprocity after a period of years as a member of the bar of another jurisdiction. [Black’s Law Dict., 6th Ed., p. 149]. Barako. Tag. Tough guy. [People v. Batas, GR 8427778. Aug. 2, 1989]. Barangay. The name by which any barrio recognized under RA 3590, otherwise known as the "Barrio Charter Law", as amended, including those that were subsequently created in accordance with subsequent laws would thenceforth be called. [Claridades, A., Compilation of Notes, 20012006]. Barangay Day Care Center Law of 1978. PD 1567 entitled “Establishing a day care center in every barangay and appropriating funds therefor” signed into law on June 11, 1978. Barangay Decree. PD 557 entitled “Declaring all barrios in the Philippines as barangays, and for other purposes” signed into law on Sep. 21, 1974. Barangay health worker. A person who has undergone training programs under any accredited government and non-government organization and who voluntarily renders primary
health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the Department of Health (DOH). [Sec. 3, RA 7883]. Barangay Health Workers' Benefits and Incentives Act of 1995. RA 7883 entitled “An Act creating benefits and incentives to accredited barangay health workers and for other purposes” enacted on Feb. 20, 1995. Barangay Justice. Katarungang Pambarangay.
See
Barangay micro business enterprise (BMBE). Any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than P3,000,000.00. [Sec. 3, RA 9178]. Barangays. Units of municipalities or municipal districts in which they are situated. They are quasi-
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
108 municipal corporations endowed with such powers as are herein provided for the performance of particular government functions, to be exercised by and through their respective barangay governments in conformity with law. [Sec. 2, RA 3590, as amended].
demands and counterdemands and, after haggling, agree on what is essentially a compromise reflecting the concessions mutually given by the parties to arrive at a common understanding. [Aquino v. NLRC, GR 87653. Feb. 11, 1992].
Bar by prior (or former) judgment. Also Res judicata. The rule that the judgment in the first case constitutes an absolute bar to the subsequent action when, between the first case where the judgment was rendered and the second case which sought to be barred, there is identity of parties, subject matter and cause of action. [Comilang v. CA, July 15, 1975].
Bargaining representative. A legitimate labor organization or any officer or agent of such organization whether or not employed by the employer. [Art. 212, LC].
Bareboat. Mar. Law. Literally, “without a crew.” [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989]. Bareboat charter. Demise charter.
See
Bar examination. A state examination (administered by the Supreme Court of the Philippines) taken by prospective lawyers in order to be admitted and licensed to practice law. [Glossary of Legal Terms (Pro-Se), 2004]. Bargaining. A process where the parties discuss their
Bargaining unit. A group of employees of a given employer comprised of all or less than all of the entire body of employees, which the collective interest of all the employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law. [Golden Farms v. Sec. of Labor, GR 102130. July 26, 1994]. Barkada. Tag. 1. Group. [People v. Resayaga, GR L23234. Dec. 26, 1973]. 2. Comrade or co-conspirator. [People v. Plateros, GR L37162. May 30, 1978]. 3. Companion. [People v. Catindihan, GR L-32508 & L42104. Apr. 28, 1980]. 4. Gang. [People v. Cuya, Jr.,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
109 GR L-33046. Feb. 18, 1986]. 5. Buddies. [People v. Parba, GR L-63409. May 30, 1986]. 6. Close friend. [People v. Valdez, GR L-75390. Mar. 25, 1988]. Barker. A caller of jeepney passengers. [People v. Payumo, GR 81761. July 2, 1990]. Barking. Calling for passengers to ride on waiting jeepneys. [Moreno’s Law Dict., 2000 Ed., p. 47]. Barratry. 1. Legal Ethics. The offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46, citing 4 Bla. Com. 134; Co. Litt. 368]. 2. Mar. Law. The fraudulent act of the master or mariner against the ship owner’s interest. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109]. 3. Any willful misconduct on the part of master or crew in pursuance of some unlawful or fraudulent purpose without the consent of the owners, and to the prejudice of the owner's interest. (Sec. 171, US Ins. Law, quoted in Vance, Handbook on Law of Ins., 1961, p. 929.) Barratry clause. Mar. Ins. A clause which provides that
there can be no recovery on the policy in case of any willful misconduct on the part of the master or crew in pursuance of some unlawful or fraudulent purpose without the consent of the owners and to the prejudice of the owner’s interest. Barrel. 42 U.S. gallons or 9702 cubic inches at temperature of 60º Fahrenheit. [Sec. 3, PD 87]. Barrier between the legitimate family and the illegitimate family rule. See Iron curtain rule. Barrio Charter Act. RA 2370 entitled “An Act granting autonomy to barrios of the Philippines” enacted on June 20, 1959. Barrio or Barrios. Units of municipalities or municipal districts in which they are situated. They are quasimunicipal corporations endowed with such powers provided in the law for the performance of particular government functions, to be exercised by and through their respective barrio governments in conformity with law. [Sec. 2, RA 2370]. Now called Barangay. Barrister. A litigation specialist; a lawyer that restricts his practice to the court room. In England and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
110 some other Commonwealth jurisdictions, a legal distinction is made between barristers and solicitors, the latter with exclusive privileges of advising clients, providing legal advice, and the former with exclusive privileges of appearing in a court on behalf of a client. [Duhaime's Legal Dict., 2004]. Barter or exchange contract. 1. A contract whereby one of the parties binds himself to give one thing in consideration of the other's promise to give another thing. [Art. 1638, CC]. 2. A contract whereby one person transfers the ownership of non-fungible things to another with the obligation on the part of the latter to give things of the same kind, quantity, and quality. [Art. 1954, CC]. Basel Convention. The international accord which governs the trade or movement of hazardous and toxic waste across borders. [Sec. 4, RA 8479]. Baseline. The line from which territorial seas and other maritime zones are measured. [Intl. Law Dict. & Direct., 2004]. Base metals. All metallic minerals except noble metals. [Sec. 2, RA 4095].
Bases Conversion and Development Authority (BCDA). A body corporate created under Sec. 3 of RA 7227. Basic education. The education intended to meet basic learning needs which lays the foundation on which subsequent learning can be based. It encompasses early childhood, elementary and high school education as well as alternative learning systems four out-of-school youth and adult learners and includes education for those with special needs. [Sec. 4, RA 9155]. Basic necessities. The term includes: rice; corn; bread; fresh, dried and canned fish and other marine products, fresh pork, beef and poultry meal; fresh eggs; fresh and processed milk; fresh vegetables; root crops; coffee; sugar; cooking oil; salt; laundry soap; detergents; firewood; charcoal; candles; and drugs classified as essential by the DOH. [Sec. 3 (1), RA 7581]. Basic needs approach to development. The identification, production and marketing of wage goods and services for consumption of rural communities. [Sec. 4, RA 8435].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
111 Basic salary. A rate of pay for a standard work period exclusive of such additional payments as bonuses and overtime. [Boie-Takeda Chemicals, Inc. v. De La Serna, GR 92174. Dec. 10, 1993]. Basic sectors. The disadvantaged sectors of Philippine society, namely: farmer-peasant, artisanal fisher folk, workers in the formal sector and migrant workers, workers in the informal sector, indigenous peoples and cultural communities, women, differently-abled persons, senior citizens, victims of calamities and disasters, youth and students, children, and urban poor. [Sec. 3, RA 8425]. Basic skills training. The first stage of the learning process of a vocational character for a given task, job, occupation or group of occupations, aimed at developing the fundamental attitude, knowledge, skill or behavior pattern to specified standards. [Sec. 1, Rule 1, Book 2, IRR of LC]. Basic tuition fees. Amounts paid for the privilege to receive instruction in a high school but does not include matriculation fee, and other miscellaneous fees as library
and athletic fee, laboratory fee, entrance fee, ROTC fee, student council fee, graduation fee and similar fees. [Sec. 30, PD 69]. Basic unit. A well-defined unit which by convention is regarded as dimensionally independent. [Sec. 4, BP 8]. Basic wage. 1. All regular remuneration or earnings paid by an employer for services rendered on normal working days and hours but does not include cost-ofliving allowances. profitsharing payments. Premium payments, 13th month pay, and other monetary benefits which are not considered as part of or integrated into the regular salary of the employee on the date the Order became effective. [IRR, EO 178]. 2. All remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours but does not include cost-of-living allowances, profit sharing payments, premium payments, 13th month pay or other monetary benefits which are not considered as part of or integrated into the regular salary of the workers. [Sec. 1, Rule 7, Book 3, IRR of LC]. Basin. A naturally or artificially enclosed or nearly enclosed body of water in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
112 free communication with the sea. [Sec. 3, PD 857]. Basnig. Tag. A fishing boat. [Jimenez v. Averia, GR L22759. Mar. 29, 1968]. Bastard. An illegitimate child, born in a relationship between two persons that are not married (i.e. not in wedlock) or who are not married at the time of the child's birth. [Duhaime's Legal Dict., 2004]. Batas Pambansa (BP). Statutes approved by the Batasang Pambansa. [Suarez, Stat. Con., (1993), p. 42]. Batch. A quantity of any drug or device produced during a given cycle of manufacture. [Sec. 6, EO 175, May 22, 1987]. Batch number. A designation printed on the label of a drug or device that identifies the batch, and permits the production history of the batch including all stages of manufacture and control, to be traced and reviewed. [Sec. 6, EO 175, May 22, 1987]. Battered woman syndrome. A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse. [Sec. 3, RA 9262]. Battery. 1. An act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. [Sec. 3, RA 9262]. 2. A beating, or wrongful physical violence. The actual threat to use force is an assault; the use of it is a battery, which usually includes an assault. [Glossary of Legal Terms (Pro-Se), 2004]. Batuta. Tag. A nightstick used by barangay tanods. [People v. Balderama, GR 89597-98. Sep. 17, 1993]. Baul. Tag. Commonly known in local parlance as wooden trunk. [People v. Sadang, GR 105378. June 27, 1994]. Bawang. Tag. A firecracker larger than a triangulo with 1/3 teaspoon of powder packed in cardboard tied around with abaca strings and wrapped in shape of garlic. [Sec. 2, RA 7183]. Bay. Intl. Law. A well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain landlocked waters and constitute more than a curvature of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
113 coast. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 62]. Bayanihan. See Palusong. Bayaw. Tag. 1. Brother-inlaw. [People v. Manalo, GR L42505. Dec. 26, 1984]. 2. Sometimes loosely used to refer to a (male) cousin-inlaw. [People v. Songcuan, GR 73070. Aug. 11, 1989]. Compare with Bilas and Hipag. BCDA. See Bases Conversion and Development Authority. Bearer. Nego. Inst. The person in possession of a bill or note which is payable to bearer. [Sec. 191, NIL]. Bearer check. A check payable to cask. [Moreno’s Law Dict., 2000 Ed., p. 48]. Bearer instrument. A check payable to the order of cash, the payee of which does not purport to be the name of any person. [Moreno’s Law Dict., 2000 Ed., p. 48]. Beauty contest. Any competition open to any male or female, which is national in character or scope, whether with or without international affiliation, wherein the winner or winners are chosen on the basis of beauty or other physical
attributes or a combination of beauty and talent, intelligence, charm, grace or other similar qualities. [LOI 1376]. Beginning of personality. Personality begins at conception, such that the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in Art. 41 of the Civil Code. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twentyfour hours after its complete delivery from the maternal womb. [Arts. 40 and 41, CC]. Behest loans. The loans extended by government financial institutions allegedly upon orders of the Marcos regime to its favorites and cronies who obtained amounts unconscionably far in excess of their loan values and knowing fully well that they would never be repaid. [From the 3rd preambulatory clause of Proc. 82, dated Mar. 3, 1987].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
114 Beinte nueve. (A local) fan knife. [People v. Alcantara, GR 91283. Jan. 17, 1995]. Also Veinte nueve. Belligerency. Intl. Law. It exists when a sizeable portion of the territory of a state is under the effective control of an insurgent community which is seeking to establish a separate government and the insurgents are in de facto control of a portion of the territory and population, have a political organization, are able to maintain such control, and conduct themselves according to the laws of war. [Sandoval, Pol. Law Reviewer 2003]. Belligerent community. A group of rebels under an organized civil government who have taken up arms against the legitimate government. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 17]. Belligerent government. A government engaged in a war with insurgents. [Intl. Law Dict. & Direct., 2004]. Belligerent occupation. Intl. Law. An incident of war which occurs when the territory of one belligerent is placed under the authority and control of the invading forces of the other belligerent. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 139].
Compare with occupation.
Military
Bells palsy. An acute lower Motor Neuron Palsy of the facial nerve, characterized by pain, weakness or paralysis of the affected side of the face. [Galanida v. ECC, GR L-70660. Sep. 24, 1987]. Bellum justum. Lat. Just war. [Claridades, A., Compilation of Notes, 2001-2006]. Bench. The seat occupied by the judge. More broadly, the court itself. [Glossary of Legal Terms (Pro-Se), 2004]. Bench warrant. An order issued by a judge for the arrest of a person. [Glossary of Legal Terms (Pro-Se), 2004]. Beneficial use. The use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes. [Sec 4, RA 9275]. Beneficiaries. The dependent spouse until he/she remarries and dependent children, who are
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
115 the primary beneficiaries. In their absence, the dependent parents and subject to the restrictions imposed on dependent children and legitimate descendents who are the secondary beneficiaries. Provided, that the dependent acknowledged natural child shall be considered as a primary beneficiary when there are no other dependent children who are qualified and eligible for monthly income benefit. [Art. 167, LC]. Beneficiary or cestui que trust. 1. The person for whose benefit the trust has been created. [Art. 1440, CC]. 2. Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust. [Glossary of Legal Terms (Pro-Se), 2004]. 3. Ins. The person which is designated in a contract of life, health or accident insurance as the one who is to receive the benefits which become payable, according to the terms of the contract, upon the death of the insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 27, citing 44 Am. Jur. 2nd 639]. Beneficio neto. Sp. Net profit. [Moreno’s Law Dict., 2000 Ed., p. 49].
Benefits-protection theory. The theory that the government is expected to respond in the form of tangible and intangible benefits intended to improve the lives of the people and enhance their moral and material values. This symbiotic relationship is the rationale of taxation and should dispel the erroneous notion that it is an arbitrary method of exaction by those in the seat of power. [Comm. of Int. Rev. v. CA, GR L28896. Feb. 17, 1988]. Bequeath. To give a gift to someone through a will. [Glossary of Legal Terms (Pro-Se), 2004]. Bequests. Gifts made in a will. [Glossary of Legal Terms (Pro-Se), 2004]. See Legacy. Berthing charge. The amount assessed against a vessel for mooring or berthing at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any port in the Philippines; or for mooring or making fast to a vessel so berthed; or for berthing or mooring within any slip, channel, basin river or canal under the jurisdiction of any port of the Philippines. The owner, agent, operator or master of the vessel is liable for this
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
116 charge. 1937].
[Sec.
2901,
RA
Best evidence. The best evidence available. Evidence short of this is secondary, that is, an original letter is Best evidence, and a photocopy is Secondary evidence. [Glossary of Legal Terms (Pro-Se), 2004]. See Primary evidence Best evidence rule. 1. A rule of evidence that there can be no evidence of a writing, the contents of which are the subject of inquiry, other than the original writing itself except, among others, when the original has been lost, destroyed, or cannot be produced in court. [Sec. 3, Rule 130, RoC]. 2. A rule providing that no evidence shall be received which is merely substitutionary in its nature so long as the original evidence can be had. [Arroyo v. HRET, GR 118597. July 14, 1995]. Best interest of the child. The totality of the circumstances and conditions as are most congenial to the survival, protection and feelings of security of the child and most encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding
the growth and development of the child. [AM 00-4-07SC]. Bestosexual. Legal Med. A person whose sexual desire is towards animals. It is attained by having sex with an animal. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Betrayal of trust or revelation of secrets by an attorney or solicitor. Crim. Law. The felony committed by any attorneyat-law or solicitor (procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity, or who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. [Art. 209, RPC]. Bet taker of promoter. A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
117 certain commission. [Sec. 4, PD 449]. Betterment. See Mejora. Betting. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest. [Sec. 1, PD 483]. Betting in sports contests. Crim. Law. The felony committed by any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests. [Art. 197, RPC]. Bettor. 1. Mananaya, Tayador or variants thereof. Any person who places bets for himself/herself or in behalf of another person, or any person, other than the personnel or staff of any illegal numbers game operation. [Sec. 2, RA 9287]. Bettor. A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon the result of the cockfight as announced by the referee or sentenciador. He may be the owner of fighting cock. [Sec. 4, PD 449].
Beverage. A liquor or liquid for drinking. [Cagayan Valley Ent., Inc. v. CA, GR 78413. Nov. 8, 1989, citing Burnstein v. US, CC. A. Cal., 55 F2d 599, 603; Black's Law Dict., 4th Ed., 204]. Beyond economical repair. The condition of the supplies when the cost of repairing becomes prohibitive and disadvantageous to the government or when the cost to repair an item is over sixty per cent (60%) of the acquisition cost. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Beyond reasonable doubt. The standard in a criminal case requiring that the court be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person. [Glossary of Legal Terms (Pro-Se), 2004]. Bicameral conference committee. See Conference committee.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
118 Bid. Signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the bidding documents. [Sec. 5, RA 9184]. Bid bond. Also Proposal bond. An indispensable requirement for the validation of a bid proposal. The bond insures good faith of the bidders and binds them to enter into a contract with the Government should their proposal be accepted. [Padilla v. Zaldivar, L-22789, Oct. 30, 1964, 12 SCRA 260]. Bidder's bond. A bond in cash, certified or cashier's check or surety required of bidders before they can participate in any competitive bidding, to guarantee in good faith the submission of their tenders and acceptance of all the terms and conditions thereof. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Bidding documents. Documents issued by the procuring entity as the basis for bids, furnishing all information necessary for a prospective bidder to prepare a bid for the goods, infrastructure projects, and consulting services to be provided. [Sec. 5, RA 9184].
Bienes futuros. Sp. Future property. [Blas v. Santos, GR L-14070. Mar. 29, 1961]. Bigamy. 1. The contracting of a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been alleged declared presumptively dead by means of a judgment rendered in the proper proceeding. [Art. 349, RPC]. 2. An illegal marriage committed by contracting a second or subsequent marriage before the first marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. Bigamy carries with it the imposable penalty of prision mayor. Being punishable by an afflictive penalty, this crime prescribes in fifteen (15) years. The fifteen-year prescriptive period commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents. [Sermonia v. CA, GR 109454. June 14, 1994]. Bilas. Tag. 1. The husband of (one’s) wife's sister. [People v. Ventura, GR L-32716. Dec. 1, 1977]. 2. Co-brother-in-
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
119 law. [People v. Malillos, GR L26568. July 29, 1968]. Compare with Bayaw and Hipag.
other parts, the whole of the parts constitutes one bill. [Claridades, A., Compilation of Notes, 2001-2006].
Bilateral contract. See Synallagmatic contract.
Bill of attainder. A legislative act which inflicts punishment without trial. [People v. Ferrer, L-3261314, Dec. 27, 1972, 48 SCRA 382, citing Cummings v. US, 4 Wall, 277 (1867)].
Bilateral treaty. Formal binding agreement between two states. [Intl. Law Dict. & Direct., 2004]. Bill. A proposed law filed in Congress which becomes law only after it is considered, passed upon and approved by Congress and by the President of the Philippines. [Claridades, A., Compilation of Notes, 20012006]. Bill increasing public debt. A bill filed in Congress proposing to authorize the government to borrow money, either by borrowing from external sources or by offering bonds for public subscriptions. [Claridades, A., Compilation of Notes, 2001-2006].
Bill of exchange. 1. An unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. [Sec. 126, NIL]. 2. A negotiable instrument by which the drawer requires of the drawee to pay a designated sum of money to the payee or subsequent holder. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Compare with Promissory note.
Bill in set. Nego. Inst. 1. A bill composed of several parts, each part is numbered and contains a reference to the other parts, all of which parts constitute one bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 377]. 2. A bill drawn in a set, each part of the set being numbered, and containing a reference to the
Bill of lading. 1. A written acknowledgment of the receipt of the goods and an agreement to transport and deliver them at a specified place to a person named or on his order. [Suggested Answer for the 1998 Bar, UPLC, (2002), p. 42]. 2. Such instrument may be called a shipping receipt, forwarder's
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
120 receipt and receipt for transportation. [Saludo v. CA, GR 95536. Mar. 23, 1992]. 3. A written agreement between the shipper of the goods and a common carrier. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Bill of local application. A bill filed in Congress that is local in character like the creation of a new town, city or province. [Claridades, A., Compilation of Notes, 20012006]. Bill of particulars. Rem. Law. 1. A definite statement which a party may move for before responding to a pleading concerning any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within ten (10) days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. [Sec. 1, Rule 12, RoC]. 2. A more definite statement, ordered by the court on motion of a party, the office of (which) is limited to making more particular or definite the ultimate facts in a pleading (that were) alleged too
generally or not averred with sufficient definiteness or particularly (as) to enable an (adverse party) properly to prepare his responsive pleading or to prepare for trial. It is not its office to supply evidentiary matters. [Fortune Corp. v. CA, GR 108119. Jan. 19, 1994]. Bill of particulars. Rem. Law. Purposes: 1. To amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader, and apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial. 2. To define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. [Virata v. Sandiganbayan, GR 106527. Apr. 6, 1993].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
121 Bill of rights. Const. Law. A formal and emphatic legislative assertion and declaration of popular rights and liberties. That portion of the Constitution guaranteeing the rights and privileges to the individual. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 86]. Binder. See Binding slip. Binding receipt. Ins. 1. A mere acknowledgment on behalf of the company that its branch office had received from the applicant the insurance premium and had accepted the application subject to processing by the head office. 2. In life insurance a "binding slip" or "binding receipt" does not insure of itself. [De Lim v. Sun Life Assurance Co. of Canada, 41 Phil. 264]. Binding slip. Also Binder. A document given to the insured to bind the company in case a loss occurs pending action upon the application and the actual issuance of a policy. Such a slip issued by the duly authorized agent of an insurance company constitutes a temporary contract of insurance under which the company is liable for any loss occurring during the period covered by it. [Moreno’s Law Dict., 2000 Ed., pp. 51-52].
Bingeing. Legal Med. The rapid and quick consumption of large amounts of food while feeling a loss of control. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Bintol. Tag. Bamboo-and-net device used to catch “talangka.” [People v. Rejano, GR 105669-70. Oct. 18, 1994]. Bio-conversion to fuels. The various processes, natural or synthetic, by which a solid, liquid or gaseous fuel is produced by utilizing bio-mass feedstock, e.g. anaerobic fermentation of animal manure to yield bio-gas; combustion of firewood to yield heat, steam or power, fermentation of agricultural crops or byproducts to yield substitute fuels such as alcohol. [Sec. 2, PD 1068]. Bio-gas. A fuel gas consisting of 50-70% methane and the rest non-combustible gases produced by the anaerobic fermentation of organic waste. [Sec. 2, PD 1068]. Biologic products. Viruses, sera, toxins and analogous products used for the prevention or cure of human diseases. [Sec. 42, RA 5921]. Bio-mass. Organic matter, whether living or not. This would include, among
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
122 others, trees, algae, animal and agricultural wastes and decaying plants in swamps. [Sec. 2, PD 1068]. Biomedicine. That discipline of medical care advocating therapy with remedies that produce effects differing from those of the diseases treated. It is also called 'allopathy,' 'western medicine,' 'regular medicine,' 'conventional medicine,' 'mainstream medicine,' 'orthodox medicine,' or 'cosmopolitan medicine.' [Sec. 4, RA 8423]. Bioprospecting. The research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from solely for commercial purposes. [Sec. 5, RA 9147]. Bird sanctuary. See Game refuge. Black Hand. A lawless secret society whose members engage in extortion, terrorism, and other crimes. [People v. Aquino, GR L23908. Oct. 29, 1966, citing Webster, New Intl. Dict., 2nd Ed., p. 280]. Blackhander. A person belonging to or associated with Black Hand, a lawless secret society whose members engage in
extortion, terrorism, and other crimes. [People v. Aquino, GR L-23908. Oct. 29, 1966, citing Webster, New Intl. Dict., 2nd Ed., p. 280]. Blackmarketing of foreign exchange. The crime committed by any person who shall engage in the trading or purchase and sale of foreign currency in violation of existing laws or rules and regulations of the Central Bank. [Sec. 1, PD 1883]. See Salting of foreign exchange. Blanket mortgage clause. A provision in a mortgage which broadens the security clause to cover all indebtedness of the mortgagor to the mortgagee of past or future origin, existing indebtedness, advances to be made by the mortgagee to the mortgagor, and indebtedness of the mortgagor to the mortgagee created subsequent to the execution of the contract. [Moreno’s Law Dict., 2000 Ed., p. 52]. Blank indorsement. See Indorsement in blank. Blasting agent. Any material or mixture consisting of a fuel and oxidizer used to set off explosives. [Sec. 3, PD 1185].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
123 Blighted lands. The areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area. [Sec. 3, RA 7279]. Block. A parcel of land bounded on the sides by streets or alleys or pathways or other natural or manmade features, and occupied by or intended for buildings. [Sec. 3, BP 220]. Block. Also Meridional block. An area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude, containing approximately eighty-one hectares (81 has.). [Sec. 3, RA 7942]. Blockade. Intl. Law. A hostile operation by which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent, the purpose being to shut off the place from international commerce and communication with other states. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 155]. Blockhead. A person deficient in understanding. [People v. Aquino, GR L-
23908. Oct. 29, 1966, citing Webster Intl. Dict., p. 290]. Blood bank or center. A laboratory or institution with the capability to recruit and screen blood donors, collect, process, store, transport and issue blood for transfusion and provide information and/or education on blood transfusion transmissible diseases. [Sec. 3, RA 7719]. Blood collection unit. An institution or facility duly authorized by the DOH to recruit and screen donors and collect blood. [Sec. 3, RA 7719]. Blood grouping test. The analysis of blood samples of the mother, the child, and the alleged father, (by which) it can be established conclusively that the man is not the father of the child. But (such test) cannot show that a man is the father of a particular child, but at least can show only a possibility that he is. [Jao v. CA, GR L49162. July 28, 1987]. Blood or blood product. Human blood, processed or unprocessed and includes blood components, its products and derivative. [Sec. 3, RA 7719]. Blood transfusion transmissible diseases. Diseases which may be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
124 transmitted as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and Syphilis. [Sec. 3, RA 7719]. Blue seal. A blue band used to seal a package of foreignmade, untaxed cigarettes. [Moreno’s Law Dict., 2000 Ed., p. 53]. Blue Sunday Law. RA 946 entitled “An Act to prohibit labor on Sunday, Christmas day, New Year's day, Holy Thursday and Good Friday” enacted on June 20, 1953. [Expressly repealed by the Labor Code]. Boarding house. 1. A building where selected persons for fixed periods of time are supplied with, and charged for sleeping accommodations and meals. [Sec. 63, PD 856]. 2. Any house where boarders are accepted for compensation by the week or by the month, and where meals are served to boarders only. [Sec. 1, PD 426]. Compare with Lodging house. Board of directors or trustees. The body politic and corporate which exercises the corporate powers of all corporations formed under the Corporation Code, conducts all business, and controls and holds all property of
such corporations, the directors or trustees of which are elected from among the holders of stocks, or where there is no stock, from among the members of the corporation, and are to hold office for one (1) year until their successors are elected and qualified. [Claridades, A., Compilation of Notes, 2001-2006]. Board of election inspectors. A Board in every precinct composed of three (3) regular members who shall conduct the voting, counting and recording of votes in the polling place. [Sec. 2, RA 8436]. Board of Investments (BOI). The agency created by RA 5186, known as the Investment Incentives Act. [Sec. 3, RA 6135]. Body. 1. Rem. Law. The part of a pleading that sets forth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading. [Sec. 2, Rule 7, RoC]. 2. Stat. Con. It contains the subject matter of the statute. [Suarez, Stat. Con., (1993), p. 46]. Body-building. A job undertaken on a motor vehicle in order to replace its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
125 entire body with a new body. [Sec. 2, RA 6539]. Bolo. A long, heavy Philippine single-edged knife. [Moreno’s Law Dict., 2000 Ed., p. 53]. Bona fide. Lat. In good faith or with good faith; without fraud or deceit; genuine. [Tetley, Glossary of Conflict of Laws, 2004]. Bona fide bidder. A registered merchant licensed as manufacturer, producer, regular dealer or service establishment with reputable establishment for at least three (3) months prior to the public bidding he intends to participate in. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Bona fide intention to cultivate. In Sec. 50 (a) of RA 1199, as amended, (the term) has reference not only to the liability and firm decision of the landowner to mechanize but also to the motive behind his action in seeking the dispossession of his tenants. The "bona fide" requirement necessarily authorizes judicial inquiry into the landowner's motives in deciding to mechanize his operations. [De Santos v. Acosta, GR L-17564. Jan. 31, 1962].
Bona fide occupant. One who supposes he has a good title and knows of no adverse claim; one who not only honestly supposes himself to be vested with true title but is ignorant that the title is contested by any other person claiming a superior right to it. [Bernardo v. Bernardo, GR L5872. Nov. 29, 1954]. Bona fide purchaser for value. As used in sales or ordinary contracts, any person who acquires property or negotiable instruments in good faith and for valuable consideration. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Bond. 1. A written obligation or undertaking that is sufficiently secured. [Evangelista v. CA, GR 41229. Jan. 13, 1992]. 2. A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property. [Glossary of Legal Terms (Pro-Se), 2004]. Bonded warehouse. A facility at a port of entry where shippers can store goods until they clear customs. [Intl. Law Dict. & Direct., 2004]. Bonds. Certificates of debt issued by a company (or government) guaranteeing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
126 payment of an original investment plus interest at a specified future date. [Intl. Law Dict. & Direct., 2004].
Bonus pater familias. Lat. Good father of the family. [Claridades, A., Compilation of Notes, 2001-2006].
Bondsman. A surety offered in virtue of a provision of law or of a judicial order who shall have the qualifications prescribed in Art. 2056 of the Civil Code and in special laws. [Art. 2082, CC].
Bonus shares. Corp. Law. Those issued gratuitously. They are Watered shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Bonus. An amount granted and paid to an employee for his industry and loyalty which contributed to the success of the employer's business and made possible the realization of profits. It is something given in addition to what is ordinarily received by or strictly due to the recipient. [Traders Royal Bank v. NLRC, 189 SCRA 274 (1990) and Luzon Stevedoring v. CIR, 15 SCRA 660 (1965)]. Bonus judex secundum aequum at bonum judicat stricto juri praefert. Lat. A good decides according to justice ands right and prefers equity to strict law. [Pangan v. CA, GR L-39299. Oct. 18, 1988]. Bonus judex secundum sequum. Lat. Deciding according to justice rather than rigid law. [Moreno’s Law Dict., 2000 Ed., p. 54].
Bookie. A person, who without any license therefor, operates outside the compounds of racing clubs and accepts bets from the public. They pay dividends to winners minus a commission, which is usually 10%. [Lim v. Pacquing, GR 115044. Jan. 27, 1995]. Booking sheet. A record of arrest and a statement on how the arrest is made. It is simply a police report, and it has no probative value as an extrajudicial statement of the person being detained. The signing by the accused of the booking sheet and arrest report is not a part of the custodial investigation which would otherwise require the presence of counsel to ensure the protection of the accused's constitutional rights. [People v. Manzano, GR 86555. Nov. 16, 1993]. Booking. The process of photographing, fingerprinting, and recording identifying data of a suspect.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
127 This process follows the arrest. [Glossary of Legal Terms (Pro-Se), 2004]. Bookkeeping. The art or practice of keeping a systematic record of business transactions, so as to show their relations to each other, and the state of the business in which they occur. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 32]. Book Publishing Industry Development Act. RA 8047 entitled “An Act providing for the development of the book publishing industry through the formulation and implementation of a national book policy and a national book development plan” enacted on June 7, 1995. Bore. Any well, hole, pipe, or excavation of any kind which is bored, drilled, sunk or made in the ground for the purpose of investigating, prospecting, obtaining, or producing geothermal energy, natural gas and methane gas, or which taps or is likely to tap geothermal energy, natural gas and methane gas and includes any hole in the ground which taps geothermal energy, natural gas and methane gas. [Sec. 2, RA 5092].
Born out of wedlock. Born of parents who were not married at the time of birth. [Duhaime's Legal Dict., 2004]. Borrowing power of the President. The power of the President to contract or guarantee foreign loans on behalf of the Republic of the Philippines, with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. [Sec. 20, Art. VII, 1987 Const.]. Borrowing statute. Conf. of Laws. 1. A statute (which) has the practical effect of treating the foreign statute of limitation as one of substance. [Agpalo, Conflict of Laws, p. 6, citing Goodrich, Conflict of Laws 152-153 (1938)]. 2. A (statute which) directs the state of the forum to apply the foreign statute of limitations to the pending claims based on a foreign law. [Ibid., Siegel, Conflicts 183 (1975)]. Bottle-feeding. The method of feeding an infant using a bottle with artificial nipples, the contents of which can be any type of fluid. [Sec. 3, RA 7600]. Bottomry loan. A contract in the nature of a mortgage, by which the owner of a ship
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
128 borrows money for the use, equipment or repair of the vessel, and for a definite term and pledges the ship as a security of its repayment, with maritime or extraordinary interest on account of the maritime risks to be borne by the lender, it being stipulated that if the ship be lost in the course of the specific voyage, or during the limited time by any of the perils enumerated in the contract, the lender shall also lose his money. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 103, citing Black’s Law Dict.].
issuance of any check of apply to account or for value; (b) the knowledge of the maker, drawer or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and (c) subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. [People v. Laggui, 171 SCRA 305].
Boulwareism. Labor. A “takeit-or-leave-it” bargaining attitude of the management introduced by L. R. Boulware of Gen. Electric Co. (US). This type of bargaining is expressly prohibited under the law for the parties are required to bargain collectively and in good faith. [Poquiz, Labor Rel. Law, 1999 Ed. p. 179].
Boundary rivers. Intl. Law. Rivers which divide the territories of states, like the St. Lawrence River between the United States and Canada. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61].
Bouncing Check Law. BP 22 entitled “An Act penalizing the making or drawing and issuance of a check without sufficient funds or credit and for other purposes” enacted on Apr. 3, 1979. Bouncing Check Law violation Elements: (a) The making, drawing and
Boundary system. 1. The prevalent, persistent and accepted mode or contractual relationship between operators and drivers of public utilities providing land transportation services, particularly minibuses, jeepneys and taxis. [“Whereas” clause, LOI 853]. 2. An employer-employee relationship existing between a jeepney-owner and a driver (under which) the driver does not receive a fixed wage but gets only the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
129 excess of the amount of fares collected by him over the amount he pays to the jeep-owner, and the gasoline consumed by the jeeps is for the account of the driver. [Magboo v. Bernardo, GR L16790. Apr. 30, 1963]. Boycott. Any activity on the part of a labor organization whereby it is sought through concerted action, other than by reason of lawful competition, to obtain withdrawal of public patronage from one in business. [Burke v. Adams Dairy, 352 US 969]. Branch. Unit or part of a company. It is not separately incorporated. [Intl. Law Dict. & Direct., 2004]. Branch and subdivision of the government. Admin. Law. Under Art IX (B) of the 1987 Const. And Sec. 2 of the Rev. Admin. Code, the corporate entity through which the functions of the government are exercised, whether pertaining to the central government or to the provincial or municipal branches or other forms of local government. [Moreno’s Law Dict., 2000 Ed., p. 54]. Brand name. The proprietary name given by the manufacturer to distinguish its product from those of
competitors. 6675].
[Sec.
3,
RA
Braza. Sp. 1. About two (2) yards. [US v. Ramos, GR 10832. Dec. 11, 1916]. 2. Equal to 1.6718 meters. [People v. Panaligan, GR L17603. Mar., 1922]. Breach. The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. [Glossary of Legal Terms (Pro-Se), 2004]. Breach of contract. 1. The failure to do what one promised to do under a contract. Proving a breach of contract is a prerequisite of any suit for damages based on the contract. [Duhaime's Legal Dict., 2004]. 2. An unjustified failure to perform when performance is due. [Glossary of Legal Terms (Pro-Se), 2004]. Breach of promise to marry. Generally, a breach of promise to marry per se is not actionable, except where the plaintiff has actually incurred expenses for the wedding and the necessary incidents thereof. The award of moral damages is allowed in cases specified in or analogous to those provided in Art. 2219 of the Civil Code and under Art. 21 of said
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
130 Code, in relation to par. 10 of said Art. 2219. [Buñag v. CA, GR 101749. July 10, 1992]. Breach of trust. Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. [Duhaime's Legal Dict., 2004]. Breastfeeding. The method of feeding an infant directly from the human breast. [Sec. 3, RA 7600]. Breastmilk. The human milk from a mother. [Sec. 3, RA 7600]. Breastmilk substitute. Any food being marketed or otherwise represented as a partial or total replacement for breastmilk, whether or not suitable for that purpose. [Sec.4, EO 51, Oct. 20, 1986]. Brevi manu, traditio. See Traditio brevi manu. Brief. 1. The word is derived from the Latin word brevis, and the French brief, and literally means a short or condensed statement. The purpose of the brief is to present to the court in concise form the point and questions in controversy, and by fair argument on the facts and law of the case, to
assist the court in arriving at a just and proper conclusion. The brief should be so prepared as to minimize the labor of the court in examination of the record upon which the appeal is heard and determined. It is, certainly, the vehicle of counsel to convey to the court the essential facts of his client's case, a statement of the questions of law involved, the law he should have applied, and the application he desires made of it by the court. [Casilan v. Chavez, GR L-17334. Feb. 28, 1962, citing Comments on the Rules of Court, Vol. 1, 1957 Ed., p. 711]. 2. A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a Memorandum of law. [Glossary of Legal Terms (Pro-Se), 2004]. Brief substitution. The substitution of two or more persons for one heir. [Art. 860, CC]. Brigandage. Essential elements: (a) that there are at least four persons in the gang; (b) that each and everyone of them is armed; and (c) that the purpose for which the offenders have grouped together is to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
131 commit robbery in the highway or to kidnap persons for extortion or ransom or for any other purpose to be attained by force or violence. [Moreno’s Law Dict., 2000 Ed., p. 55]. See Highway robbery. Brigands. Also Highway robbers. More than three armed persons who form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence. [Art. 306, RPC]. Broadcasting. The transmission by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is also Broadcasting where the means for decrypting are provided to the public by the broadcasting organization or with its consent. [Sec. 202, RA 8293]. Broadcasting organization. A natural person or a juridical entity duly authorized to engage in broadcasting. [Sec. 202, RA 8293]. Broker. 1. A person engaged in the business of buying
and selling securities for the account of others. [Sec. 3, RA 8799]. 2. One who is engaged, for others, on a commission, negotiating contracts relative to property with the custody of which he has no concern; the negotiator between other parties, never acting in his own name, but in the name of those who employed him; he is strictly a middleman and for some purposes the agent of both parties. [Kuenzle & Streiff v. Comm. of Int. Rev., GR L17648, Oct. 31, 1964]. Bronchogenic carcinoma. 1. Cancer of the lungs. [Jimenez v. ECC, GR L58176. Mar. 23, 1984]. 2. The commonest primary malignant tumor of the lung and it is rapidly fatal if untreated. It is predominantly a disease of the male sex, about 90% of all tumors occurring in men. In this sex, it is the commonest cause of death from cancer. [Latagan v. ECC. GR 55741. Sep. 11, 1992]. Browser. Computer software program for accessing and viewing the World Wide Web. [Intl. Law Dict. & Direct., 2004]. Bruha. word
Tag. A vernacular meaning witch.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
132 [Moreno’s Law Dict., 2000 Ed., p. 56]. Buang. Vis. 1. Foolish or stupid. [Montecillo v. Gica, GR L-36800. Oct. 21, 1974]. 2. Insane. [People v. Havana. GR 68033. July 31, 1991]. Buangon. Vis. Mentally defective. [People v. Canillo, GR 106579. Aug. 30, 1994]. Budget. A financial plan required to be prepared pursuant to Sec. 16 (1) , Art. VIII of the Constitution, reflective of national objectives, strategies and programs. [Sec. 2, Chap. 1, Book VI, EO 292]. Budget accountability. The fourth phase (in the government budgeting process which) refers to the evaluation of actual performance and initially approved work targets, obligations incurred, personnel hired and work accomplished are compared with the targets set at the time the agency budgets were approved. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Budgetary power of the President. The power of the President to submit to the Congress within thirty days from the opening of the regular session, as the basis of the general appropriations
bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. [Sec. 22, Art. VII, 1987 Const.]. Budget document. The instruments used by the budget-making authority to present a comprehensive financial program to the appropriating body. [Sec. 14, PD 477]. Budget execution. Tasked on the Executive, the third phase of the budget process (which) covers the various operational aspects of budgeting. The establishment of obligation authority ceilings, the evaluation of work and financial plans for individual activities, the continuing review of government fiscal position, the regulation of funds releases, the implementation of cash payment schedules, and other related activities comprise this phase of the budget cycle. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Budgeting process. Steps: The government budgeting process consists of four major phases: (a) budget preparation; (b) legislative authorization; (c) budget execution; and (d) budget accountability. [Guingona, Jr.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
133 v. Carague, GR 94571. Apr. 22, 1991]. Budget preparation. The first step (in the government budgeting process which) is essentially tasked upon the Executive Branch and covers the estimation of government revenues, the determination of budgetary priorities and activities within the constraints imposed by available revenues and by borrowing limits, and the translation of desired priorities and activities into expenditure levels. (It) starts with the budget call issued by the Department of Budget and Management. Each agency is required to submit agency budget estimates in line with the requirements consistent with the general ceilings set by the Development Budget Coordinating Council (DBCC). [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Buffer fund. A contingent fund in the budget of the implementing agency which shall not be used in its normal or regular operations but only for purposes provided for in RA 7581. [Sec. 3, RA 7581]. Buffer zones. Identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Sec. 8 of
RA 7586 that need special development control in order to avoid or minimize harm to the protected area. [Sec. 4, RA 7586]. Build-and-transfer. A contractual arrangement whereby the project proponent undertakes the financing and construction of a given infrastructure or development facility and after its completion turns it over to the government agency or local government unit concerned, which shall pay the proponent on an agreed schedule its total investments expended on the project, plus a reasonable rate of return thereon. This arrangement may be employed in the construction of any infrastructure or development project, including critical facilities which, for security or strategic reasons, must be operated directly by the Government. [Sec. 2, RA 7718; Sec. 2, RA 6957]. Builder in bad faith. A builder who builds knowing that the land does not belong to him and he has no right to build thereon. [Moreno’s Law Dict., 2000 Ed., p. 57]. Builder in good faith. One who is unaware of any flaw in his title to the land at the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
134 time he builds on it. [Bishop v. CA, GR 86787. May 8, 1992]. Building. A generic term for all architectural work with roof, built for the purpose of being used as a man’s dwelling, or for offices, clubs, theaters, etc. A warehouse is not a building. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 107, citing Phil. Sugar Estate Devt. V. Poizat, 48 Phil. 536]. Build-lease-and-transfer. A contractual arrangement whereby a project proponent is authorized to finance and construct an infrastructure or development facility and upon its completion turns it over to the government agency or local government unit concerned on a lease arrangement for a fixed period after which ownership of the facility is automatically transferred to the government agency or local government unit concerned. [Sec. 2, RA 7718]. Build-Operate-AndTransfer Law. RA 6957 entitled “An Act authorizing the financing, construction, operation and maintenance of infrastructure projects by the private sector, and for the other purposes” enacted on July 9, 1990.
Build-operate-andtransfer. A contractual arrangement whereby the project proponent undertakes the construction, including financing, of a given infrastructure facility, and the operation and maintenance thereof. The project proponent operates the facility over the fixed term during which it is allowed to charge facility users appropriate tools, fees, rentals, and charges not exceeding those proposed in its bid or as negotiated and incorporated in the contract to enable the project proponent to recover its investment, and operating and maintenance expenses in the project. The project proponent transfers the facility to the government agency or local government unit concerned at the end of the fixed term which shall not exceed fifty (50) years: Provided, That in case of an infrastructure or development facility whose operation requires a public utility franchise, the proponent must be Filipino or, if a corporation, must be duly registered with the SEC and owned up to at least sixty percent (60%) by Filipinos. [Sec. 2, RA 7718; Sec. 2, RA 6957]. Build-own-and-operate. A contractual arrangement whereby a project proponent
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
135 is authorized to finance, construct, own, operate and maintain an infrastructure or development facility from which the proponent is allowed to recover its total investment, operating and maintenance costs plus a reasonable return thereon by collecting tolls, fees, rentals or other charges from facility users. [Sec. 2, RA 7718]. Build-transfer-andoperate. A contractual arrangement whereby the public sector contracts out the building of an infrastructure facility to a private entity such that the contractor builds the facility on a turn-key basis, assuming cost overrun, delay, and specified performance risks. [Sec. 2, RA 7718]. Bulimia nervosa. A disorder characterized by repeated episodes of binge eating followed by purging (selfinduced vomiting or taking laxatives, diuretics, or both), rigorous dieting or excessive exercising to counteract the effects of bingeing. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Compare with Anorexia nervosa. Bulkhead. Structure serving to divide land and water areas. [Sec. 4 (g), RA 7621].
Bulkhead line. The limiting line beyond which no bulkheads or solid fill may be extended. [Sec. 3, RA 4663]. Bulk sale. Also Sale in bulk. 1. A sale is considered to be in bulk: (a) when the sale, transfer or disposition is other than in the ordinary course; (b) when the sale is of all or substantially all of the business; and (c) when the sale is of all or substantially all of the fixtures and equipment. [Suggested answer to Bar 1947; 1958, cited in Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 18]. 2. The acquisition of all or a greater part of stock and fixtures of a business in a manner other than in the ordinary course of its business. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Bulk Sales Law. Act 3952, as amended by RA 111, which regulates the sale, transfer, mortgage or assignment of goods, wares, merchandise, provisions or materials, in bulk. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 18]. Bum check. A worthless check or a check that is dishonored upon its presentment for payment. [People v. Laggui, GR 7626263. Mar. 16, 1989].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
136 Bumping-off. Refusal to carry or transport a passenger. [Lufthansa German Airlines v. CA GR 83612. Nov. 24, 1994]. Bumubuwis. Tag. Lessee. [Moreno’s Law Dict., 2000 Ed., p. 58]. Burden of evidence. Logical necessity on a party during a particular time of the trial to create a prima facie case in his favor or to destroy that created against him by presenting evidence. [Claridades, A., Compilation of Notes, 2001-2006]. Burden of proof. 1. A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed. [Duhaime's Legal Dict., 2004]. 2. In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. [Glossary of Legal Terms (Pro-Se), 2004].
Bureau. Any principal subdivision or unit of any department. This shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices. [Sec. 2, Admin. Code of 1987]. Burglary. The act of illegal entry with the intent to steal. [Glossary of Legal Terms (Pro-Se), 2004]. Burial. Interment of remains in a grave, tomb or the sea. [Sec. 89, PD 856]. Burial grounds. Cemetery, memorial park of any place duly authorized by law for permanent disposal of the dead. [Sec. 89, PD 856]. Burning one's own property as means to commit arson. Crim. Law. The felony committed by any person guilty of arson or causing great destruction of the property belonging to another, even though he shall have set fire to or destroyed his own property for the purposes of committing the crime. [Art. 325, RPC]. Bus. A motor vehicle of any configuration with gross vehicle weight of 4.0 tons or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
137 more with any number of wheels and axles, which is generally accepted and specially designed for mass or public transportation. [RA 9224]. Business. Trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit. [Sec. 131, RA 7160]. Business agent. Also Agente de negocios. All persons who act as agent of others in the transaction of business with any public officer, as well as those who conduct collecting, advertising, employment, or private detective agencies. [Sec. 1, PD 426]. Business enterprise. Industrial, agricultural, or agro-industrial establishments engaged in the production manufacturing, processing, repacking, or assembly of goods, including serviceoriented enterprises, duly certified as such by appropriate government agencies. [Sec. 4, RA 6971]. Business goodwill. The advantage acquired by any product or services because of general encouragement and patronage of the public. This is generated when the client-public regard favorably the product or
services turned out by the business concern. [Moreno’s Law Dict., 2000 Ed., p. 59]. See also Company goodwill and Goodwill. Business income. The earnings or profits made by companies. [Intl. Law Dict. & Direct., 2004]. Business Name Law. Act 3883 entitled “An Act to regulate the use in business transactions of names other than true names, prescribing the duties of the Director of the Bureau of Commerce and Industry in its enforcement, providing penalties for violation thereof, and for other purposes” enacted on Nov. 14, 1931. Business tax. A tax imposed by the municipality on business, under Art. 143 of RA 7160 or the Local Govt. Code of 1991. [Claridades, A., Compilation of Notes, 2001-2006]. Butterfly. Butterfly-shaped pyrotechnic device designed to lift above ground while providing light. [Sec. 2. A. (10), RA 7183]. Buwisan. Tag. Tract of land (especially rice land) leased under a cropsharer. [MagnoAdamos v. Bagasao, GR L63671. June 28, 1988, citing Panganiban Diksyunaryo
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
138 Tesauro 207].
Pilipino-Ingles,
p.
Buy and purchase. Any contract to buy, purchase, or otherwise acquire for a valuable consideration a subdivision lot, including the building and other improvements, if any, in a subdivision project or a condominium unit in a condominium project. [Sec. 2, PD 957]. Buy and sell. The transaction whereby one purchases used secondhand articles for the purpose of resale to third persons. [IRR, Sec. 6, PD 1612]. Buy-bust operation. 1. A form of entrapment employed by peace officers to catch a malefactor in flagrante delicto. 2. The employment of such ways and means for the purpose of trapping or capturing a law breaker. [People v. Yumang, GR 94977. May 17, 1993]. Buyer. Anyone who purchases anything for money. [Tejada v. Homestead Property Corp. GR 79622. Sep. 29, 1989]. Buyer in good faith and for value. See Purchaser in good faith and for value. By-bidding. See Puffing.
By-laws or bylaws. Corp. Law. 1. The rules of action adopted by a corporation for its internal government and for the regulation of conduct which prescribe the rights and duties of its stockholders or members towards itself and among themselves in reference to the management of its affairs. [Claridades, A., Compilation of Notes, 20012006]. 2. Rules or laws adopted by an association or corporation to govern its actions. [Glossary of Legal Terms (Pro-Se), 2004]. By-product or derivatives. Any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens. [Sec. 5, RA 9147]. Bystander rule. Labor. The rule that a certification election is the sole concern of the workers and the employer is regarded as nothing more than a bystander with no right to interfere at all in the election. The only exception here is where the employer has to file a petition for certification election pursuant to Art. 258 of the Labor Code because it is requested to bargain collectively. [Phil. Fruits and Vegetable Ind., Inc. v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
139 Torres, GR 92391. July 3, 1992].
-CC & F. See Cost and freight.
other consideration whether in the capacity of an agent of the employer or as an ostensible independent contractor. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A collector of bets from other collectors relative to the game of jueteng. [Moreno’s Law Dict., 2000 Ed., p. 61]. 3. Labor contractor. [Ibid.]. Cadastral proceeding. A land registration proceeding instituted by the government which does not assert ownership over the land but merely provokes the issue for the settlement and adjudication of power. [Claridades, A., Compilation of Notes, 2001-2006].
CA. Court of Appeals. Cabalieriza. A stable; a horse shed. [Moreno’s Law Dict., 2000 Ed., p. 61]. Cabaret or dance hall. Any place or establishment where dance is permitted to the public in consideration of any admission, entrance, or any other fee paid on, before or after the dancing, and where professional hostesses or dancers are employed. [Sec. 1, PD 426]. Cabo. 1. A person or group or persons or to a labor group which, in the guise of a labor organization, supplies workers to an employer, with or without any monetary or
Cadastral survey. A numerical survey to which the entire area of the municipality is subjected and which results in the preparation of complete survey returns and technical descriptions of individual lots necessary for registration purposes. [Dir. of Lands v. Sec. of ENR, GR 79684. Feb. 19, 1991]. Compare with Mapping projects. Cadet. In maritime parlance, a trainee working to gain a merchant marine license (e.g., for third mate). [Moreno’s Law Dict., 2000 Ed., p. 62].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
140 Cadet room. A plain room in a ship to accommodate a cadet or trainee working for a merchant marine license, furnished with simple facilities. [Moreno’s Law Dict., 2000 Ed., p. 62]. Caduciary rights. Conf. of Laws. 1. The right of the state to claim through escheat proceedings the properties of decedents who are not survived by any heirs. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329]. 2. The claims of the sovereign or other public authority of a country in which the deceased’s property is situated to that property on failure of all persons entitled to claim under the appropriate law. [Ibid., citing Graveson, Conflict of Laws, p. 324]. Calendar. A list of cases scheduled for hearing in court. [Glossary of Legal Terms (Pro-Se), 2004]. Calendar year. It shall cover the period from January 1 to December 31. [Sec. 1, EO 206, June 30, 1987]. Compare with Fiscal year. Calvo clause. Intl. Law. A stipulation by virtue of which an alien waives or restricts his right to appeal to his own state in connection with any claim arising from a contract with a foreign state and
limits himself to the remedies available under the laws of that state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 110]. Camino vecinal. Sp. A municipal road (and) also property for public use. [Sps. Pilapil v. CA, GR 97619. Nov. 26, 1992.] Camison. Sp. Underwear. [People v. Gamao, GR L19347. Feb. 27, 1968]. Camison de baño. Sp. A chemise. [Moreno’s Law Dict., 2000 Ed., p. 62]. Campaign. A connected series of operations to bring about some desired result. [Gonzales v. Comelec, GR L27833. Apr. 18, 1969]. Cancellation. It includes the act of tearing, erasing, obliterating, or burning. It is not limited to writing the word “cancelled”, or “paid”, or drawing of criss-cross lines across the instrument. It may be made by any other means by which the intention to cancel the instrument may be evident. [Claridades, A., Compilation of Notes, 2001-2006]. Cancellation proceeding. The process leading to the revocation of the registration certificate of a labor organization after due
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
141 process. [Sec. 1, Rule 1, Book 5, IRR of LC]. Cancer. Derived from the Latin word Cancer which means Crab; in the medical sense, it refers to a malignant, usually fatal, tumor or growth. [Vda. De Laron v. WCC, GR L-43344. Sep. 29, 1976, citing Schmidt's Atty.’s Dict. of Med., 1965 Sup. 143]. Candela. The base unit of luminous intensity which is the luminous intensity, in the perpendicular direction, of a surface of 1/600 000 square metre of a blackbody at the temperature of freezing platinum under a pressure of 101 325 newtons per square metre. [Sec. 4, BP 8]. Candidate. Pol. Law. A person who actually submits himself and is voted for at our election. [Santos v. Miranda, 35 Phil. 643, 648 (1916) citing State v. Hirsch, 125 Ind., 207; 9 L.R.A. 107; Moreno, Phil. Law Dict., 1972 2nd Ed., p. 84) Cannabis. Commonly known as Marijuana or Indian Hemp or by its any other name. The term embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab,
and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever. [Sec 3, RA 9165]. Canon law. The law of the Christian Church. Has little or no legal effect today. Canon law refers to that body of law which has been set by the Christian Church and which, in virtually all places, is not binding upon citizens and has virtually no recognition in the judicial system. [Duhaime's Legal Dict., 2004]. Also known as Ecclesiastical law. Canopy or marquee. A permanent roofed structure above a door attached to and supported by the building and projecting over a wall or sidewalk. This includes any object or decoration attached thereto. [Sec. 1203, PD 1096]. Canvass, sealed. One wherein an offer is received by the authorized official in a sealed envelope or the like. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
142 Capability building. The process of enhancing the viability and sustainability of micro finance institutions through activities that include training in micro finance technologies, upgrading of accounting and auditing systems, technical assistance for the installation or improvement of management information systems, monitoring of loans and other related activities. [Sec. 3, RA 8425]. Capacity. 1. Under the law, the ability of a person to take a recognized legal action. Also, it is the natural power or competency to perform an act, as capacity to contract, etc. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. 2. A legal qualification (e.g., age) that determines if one is capable, under the law, of entering into a legal relationship, for instance, entering into a binding contract. [Tetley, Glossary of Conflict of Laws, 2004]. 3. Having legal authority or mental ability. Being of sound mind. [Glossary of Legal Terms (Pro-Se), 2004]. Capacity to act. The power to do acts with legal effect. [Art. 37, CC]. Compare with Juridical capacity. Capacity to sue. See Legal capacity to sue.
Capacity to sue, lack of. A plaintiff's general disability to sue, such as on account of minority, insanity, incompetence, lack of juridical personality or any other general disqualifications of a party. [Columbia Pictures v. CA, GR 110318. Aug. 28, 1996]. Compare with Personality to sue, lack of. Capataz. Sp. Supervisor of the hacienda. [Moreno’s Law Dict., 2000 Ed., p. 62]. Capias ad satisfaciendum. Lat. That you take to satisfy. At common law, the writ through which money judgments arising from actions for the recovery of a debt or for damages from breach of a contract could be enforced against the person or body of the debtor. By means of this writ, a debtor could be seized and imprisoned at the instance of the creditor until he makes the satisfaction awarded. [Lozano v. Martinez, GR L-63419. Dec. 18, 1986]. Capital. Corp. Law. 1. A fund of property existing at an instant of time. [Madrigal v. Rafferty, 38 Phil. 414, Aug. 7, 1918]. 2. It is used broadly to indicate the entire property or assets of the corporation. It includes the amount invested by the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
143 stockholders plus the undistributed earnings less losses and expenses. In the strict sense, the term refers to that portion of the net assets paid by the stockholders as consideration for the shares issued to them which is utilized for the prosecution of the business of the corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 54]. Compare with Capital stock and Legal capital. Capital assets. Property held by the taxpayer (whether or not connected with his trade or business), but does not include stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business, or property used in the trade or business, of a character which is subject to the allowance for depreciation; or real property used in trade or business of the taxpayer. [Sec. 39, NIRC, as amended].
long-term investments. [Intl. Law Dict. & Direct., 2004]. Capital investment. The capital which a person employs in any undertaking, or which he contributes to the capital of a partnership, corporation, or any other juridical entity or association in a particular taxing jurisdiction. [Sec. 131, RA 7160]. Capitalist. See Financier. Capitalist partner. The partner who contributes money or property to the partnership. [Suarez, Intro. to Law, 1995, 3rd Ed., p. 120]. Compare with Industrial partner.
Capital expenditures. See Capital outlays.
Capitalization. 1. Paid-up capital, in the case of a corporation, and total invested capital, in the case of a partnership or single proprietorship. [IRR, RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. 2. That which represents the total amount of the various securities issued by a corporation. It may include bonds, debentures, preferred and common stock and surplus. [Luzon Polymers Corp. v. Clave, GR L-51009. June 10, 1992, citing Black's Law Dict., 5th Ed., p. 190].
Capital gains. Increases in the value of capital or other
Capital offense. An offense which, under the law
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
144 existing at the time of its commission, and at the time of the application to be admitted to bail, may be punished with death. [Sec. 4, Rule 114, RoC]. Capital outlays. Also Capital expenditures. 1. An appropriation for the purchase of goods and services, the benefits of which extend beyond the fiscal year and which add to the assets of the Government, including investments in the capital of government-owned or controlled corporations and their subsidiaries. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. The purchase of goods and services of a life-expectancy extending beyond the fiscal year and which add to the assets of the local government concerned, except furniture and normal government operations. [Sec. 14, PD 477]. Capital punishment. The most severe of all sentences: that of death. [Duhaime's Legal Dict., 2004]. Also known as the Death penalty. Capital stock. Corp. Law. The amount fixed in the articles of incorporation to be subscribed and paid in or agreed to be paid in by the shareholders of a corporation in money, property, services, or other
means, at the organization of the corporation or afterwards and upon which it is to conduct its business, such contributions being made either directly through stock subscription or indirectly through the declaration of stock dividends. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 52]. Compare with Capital. Capitation. A payment mechanism where a fixed rate, whether per person, family, household or group, is negotiated with a health care provider who shall be responsible in delivering or arranging for the delivery of health services required by the covered person under the conditions of a health care provider contract. [Sec. 1, RA 9241]. Capitation or poll taxes. Taxes of a fixed amount upon all persons, or upon all the persons of a certain class, resident within a specified territory, without regard to their property or the occupations in which they may be engaged. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 66-67]. Capitulation. Intl. Law. The surrender of military troops, forts or districts in accordance with the rules of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
145 military honor. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144]. Captain-of-the-ship doctrine. The doctrine under which a surgeon is likened to a captain of the ship in that it is duty to control everything going on in the operating room. [Ramos v. CA, GR 124354, Apr. 11, 2002]. Caption. 1. The part of a pleading that sets forth the name of the court, the title of the action, and the docket number if assigned. [Sec. 1, Rule 7, RoC]. 2. Heading or introductory party of a pleading. [Glossary of Legal Terms (Pro-Se), 2004]. Captive-breeding, culture or propagation. The process of producing individuals under controlled conditions or with human interventions. [Sec. 5, RA 9147]. Captive market. Electricity end-users who do not have the choice of a supplier of electricity, as may be determined by the Energy Regulatory Commission (ERC) in accordance with RA 9136. [Sec. 4, RA 9136]. Cardiac tamponade. Mechanical compression of the heart by large amounts of fluid or blood within the
pericardial space that limits the normal range of motion and function of the heart. [People v. Tena, GR 100909. Oct. 21, 1992, citing Webster's 3rd New Intl. Dict.]. Care. The proper use and maintenance of supplies or property; the act of giving attention, interest and safety to supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Cargo. 1. The entire lading of the ship which carries it and includes all goods, wares, merchandise, effects, and indeed everything of every kind or description, found on board, except such things as are used or intended for use in connection with the management or direction of the vessel, and are not intended for delivery at any port of call, and except also, perhaps, passengers or immigrants and their baggage. [US v. Steamship Rubi, GR 9235. Nov. 17, 1915]. 2. All goods, wares, and merchandise aboard ship which do not form part of the ship's stores. [US v. Steamship Islas Filipinas (28 Phil. 291), citing Sec. 77 of Act 355]. Cargo handling equipment. Any machinery, gear or equipment used by the ship operator or a duly authorized and licensed port operator to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
146 service or handle cargo, on board the vessel at the port or in the terminal or container yard such as, but not limited to cranes, forklifts, top lifts, stackers, tractor heads, containers, pallet boards and the like, including all spare parts, replacement parts, appurtenances accessories, articles, supplies and materials thereof. [Sec. 3, RA 9295]. Cargo sales agent. Any person who does not directly operate an aircraft for the purpose of engaging in air transportation or air commerce and not a bonafide employee of an air carrier, who, as principal or agent, sells or offers for sale any air transportation of cargo, or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts or arranges for, such air transportation of cargo. [Sec. 1, PD 1462]. Carinderia. 1. Any public eating place where foods already cooked are served at a price. [Sec. 1, PD 426]. 2. A modest cafeteria. [Dentech Mfg. Corp. v. NLRC, GR 81477. Apr. 19, 1989]. Carnal knowledge. The act of a man having sexual bodily connections with a
woman; sexual intercourse. [People v. Alib, GR 100232. May 24, 1993, citing Black's Law Dict., 5th Ed., 193]. Carnapping. The taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. [Sec. 2, RA 6539]. Carriage of Goods by Sea Act (COGSA). US Public Act 521 which was made applicable to all contracts for the carriage of goods by sea to and from Philippine ports in foreign trade by CA 65, enacted on Oct. 22, 1936. [Sea-Land Service v. IAC, GR 75118. Aug. 31, 1987]. Carriage or transportation contract. A contract whereby a person, natural or juridical, obligates to transport persons, goods, or both, from one place to another, by land, air or water, for a price or compensation. It is a relationship which is imbued with public interest. [Claridades, A., Compilation of Notes, 2001-2006]. Carrier. Any sort or craft or other artificial contrivance used, capable of being used as means of transportation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
147 in land, water or air. [Sec. 2, PD 1433]. Carrying capacity. The capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation. [Sec. 3, RA 7942]. Carrying on business. (Pursuing) the occupation or employment as a livelihood or source of profit and it must be a series of acts rather than the doing of a single act pertaining to the particular business. [Moreno’s Law Dict., 2000 Ed., p. 63]. Cartel. Intl. Law. 1. An agreement to regulate intercourse during war on such matters as postal and telegraphic communication, the reception of flags of truce, and the exchange of prisoners. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142]. 2. A combination of independent business firms organized to regulate the production, pricing and marketing of goods by its members. [Intl. Law Dict. & Direct., 2004]. Cartelization. Any agreement, combination or concerted action by refiners, importers and/or dealers, or their representatives, to fix
prices, restrict outputs or divide markets, either by products or by areas, or allocate markets, either by products or by areas, in restraint of trade or free competition, including any contractual stipulation which prescribes pricing levels and profit margins. [Sec. 11, RA 8479]. Cartel ship. Intl. Law. A vessel sailing under a safe conduct for the purpose of carrying prisoners of war. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142]. Case. The claims of a litigant brought before the court for determination by such regular proceedings as are established by law or custom for the protection or enforcement of rights, or the prevention, redress or punishment of wrongs. [Moreno’s Law Dict., 2000 Ed., p. 63]. Case law. 1. The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society. The word jurisprudence has become synonymous for case law. [Duhaime's Legal Dict., 2004]. 2. Law established by previous decisions of appellate courts, particularly the Supreme
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
148 Court. [Glossary of Legal Terms (Pro-Se), 2004]. See Stare decisis. Casero. Sp. Housekeeper. [US v. Salaveria, GR 13678. Nov. 12, 1918]. Cases. General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice. [Glossary of Legal Terms (Pro-Se), 2004]. Cash. Money or its equivalent; usually ready money. Currency and coins, negotiable checks, and balances in bank accounts. That which circulates as money. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 112]. Cash dividend. That portion of profits and surplus paid to stockholders by a corporation in the form of cash. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 113]. Compare with Stock dividend. Cashier’s check. A check drawn by the cashier of a bank, in the name of the bank against the bank itself payable to the order of a third person. [Diaz, Bus. Law Rev., 1991 Ed., p. 380]. Cash on delivery (COD). A transaction that requires the buyer to pay for the
merchandise in cash when it is delivered to him. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Cash price. Also Delivered price. In case of trade transaction, it is the amount of money which would constitute full payment upon delivery of the property (except money) or service purchased at the creditor's place of business. In the case of financial transactions, cash price represents the amount received by the debtor upon consummation of the credit transaction, net of finance charges collected at the time the credit is extended, if any. [Art. 4, RA 7394]. Cash sales invoice. An invoice issued in the ordinary course of business transactions such as the purchase of goods from stores. The original of the invoice constitutes in itself a receipt which is in the possession of the buyer if the goods are paid for. If not paid for, the original of the invoice is retained by the storeowner. [Moreno’s Law Dict., 2000 Ed., p. 64]. Cash-surrender value. The amount of money the company agrees to pay the policyholder if he surrenders it and releases his claim upon it. [Tiopianco,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
149 Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 183]. Casing head petroleum spirit. Any liquid hydrocarbon obtained from natural gas by separation or by any chemical or physical process. [Sec. 3, PD 87]. Caso fortuito. Also Force majeure. Extraordinary events not foreseeable or avoidable, events that could not be foreseen, or which, though foreseen, are inevitable. It is, therefore, not enough that the event should not have been foreseen or anticipated, as is commonly believed, but it must be one impossible to foresee or to avoid. The mere difficulty to foresee the happening is not impossibility to foresee the same [Rep. v. Luzon Stevedoring Corp., 21 SCRA 279 (1967)]. Castigo. Sp. Manhandling. [People v. Padilla, GR 75508. June 10, 1994]. Casual condition. Civ. Law. 1. A condition which depends upon chance. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A condition the fulfillment of which depends exclusively upon chance and/or upon the will of a third person. [Jurado, Comments & Jurisp. on
Succession, 1991 8th Ed., p. 223]. Casual employees. Those employed for a short term duration to perform work not related to the main line of the business of the employer. [DOLE Policy Instructions No. 20, S. 1977)]. Casual employment. An employment where an employee is engaged to work on an activity that is not usually necessary or desirable in the usual business or trade of the employer. [Poquiz, Labor Rel. Law, 1999 Ed. p. 26]. See Regular employment. Casualty or accident insurance. Insurance covering loss or liability arising from accident or mishap, excluding certain types of loss which by law or custom are considered as falling exclusively within the scope of other types of insurance such as fire or marine. [Sec. 174, IC]. Catadromous species. Freshwater fishes which migrate to marine areas to spawn. [Sec. 4, RA 8550]. Cataract immature. 1. An opacity of the crystalline eye lens or of its capsule. [Aguja v. GSIS, GR 84846. Aug. 5, 1991, citing Dorland,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
150 Illustrated Med. Dict., 24th Ed., 1965]. 2. Any cataract in the beginning stages, or one which affects only a part of the lens or its covering. [Ibid., citing Maloy, Med. Dict. for Lawyers, 2nd Ed., 1951]. Catch ceilings. The annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. [Sec. 4, RA 8550]. Cattle. Domesticated quadrupeds such as sheep, horses and swine, or to bovine animals such as cows, bulls and steers. [People v. Nazareno, GR L40037. Apr. 30, 1976, citing Merriam-Webster's 3rd New Int. Dict.]. Cattle and dairy industry. The raising of cattle and the acquisition of breeding and dairy animals, equipment, materials and machineries directly connected with the industry, including the manufacture and processing of meat and dairy products. [Sec. 2, RA 4095]. Cattle rustling. The taking away by any means, method or scheme, without the consent of the owner/raiser,
of any of the abovementioned animals whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of the owner/raiser. [Sec. 2, PD 533]. Causal fraud. Also Dolo causante. 1. Those deceptions or misrepresentations of a serious character employed by one party and without which the other party would not have entered into the contract. [Art. 1338, CC]. 2. A deception employed by one party prior to or simultaneous to the contract in order to secure the consent of the other. [Samson v. CA, GR 108245. Nov. 25, 1994]. Causa liberalitatis. Lat. Liberal, generous, or gratuitous cause or consideration. [Moreno’s Law Dict., 2000 Ed., p. 65]. Causation. Lat. Causa: Reason. The act or agency that produces an effect, result, or consequence. [Intl. Law Dict. & Direct., 2004]. Cause. 1. Civ. Law. The essential or more approximate reason for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
151 entering into a contract. [Diaz, Bus. Law Rev., 1991 Ed., p. 74]. 2. Verb. To be the cause or occasion of; to effect as an agent; to bring about; to bring into existence; to make to induce; to compel. [Pecho v. Sandiganbayan, GR 111399. Nov. 14, 1994, citing Black's Law Dict., 5th Ed., 200].
obligation on the part of the named defendant to respect or not to violate such right; and (c) an act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff [Baliwag Transit v. Ople, 171 SCRA 250 (1989)].
Cause of a contract. 1. The essential reason which moves the contracting parties to enter into it [Tong Brothers Co v. IAC, GR 73918. Dec. 21, 1987, citing 8 Manresa, 5th Ed., p. 450]. 2. The immediate, direct and proximate reason which justifies the creation of an obligation thru the will of the contracting parties. [Tong Brothers Co v. IAC, GR 73918. Dec. 21, 1987, citing 3 Castan, 4th Ed., p. 347).
Causing undue injury to the government. Elements: The elements of Sec. 3 (e) of RA 3019 are as follows: (a) That the accused are public officers or private persons charged in conspiracy with them; (b) that said public officers commit the prohibited acts during the performance of their official duties or in relation to their public positions; (c) that they cause undue injury to any party, whether the Government or a private party; (d) that such injury is caused by giving unwarranted benefits, advantage or preference to such parties; and (e) That the public officers have acted with manifest partiality, evident bad faith or gross inexcusable negligence. [Ponce de Leon v. Sandiganbayan, 186 SCRA 745 (1990)].
Cause of action. Rem. Law. 1. The act or omission by which a party violates a right of another. [Sec. 2, Rule 2, RoC]. 2. An act or omission of one party in violation of the legal right or rights of another. [Dev. Bank of Rizal v. Sima Wei, GR 85419. Mar. 9, 1993]. Compare with Right of action. Cause of action. Elements: (a) A right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (b) an
Cave. Any naturally occurring void, cavity, recess or system of interconnected passages beneath the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
152 surface of the earth or within a cliff or ledge and which is large enough to permit an individual to enter, whether or not the entrance, located either in private or public land, is naturally formed or man made. It shall include any natural pit, sinkhole or other feature which is an extension of the entrance. The term also includes cave resources therein, but not any vug, mine tunnel, aqueduct or other manmade excavation. [Sec. 3, RA 9072]. Caveat. Let him beware. 1. A formal warning. 2. A warning; a note of caution. [Glossary of Legal Terms (Pro-Se), 2004]. Caveat emptor. 1. The rule (that) requires the purchaser to be aware of the supposed title of the vendor and he who buys without checking the vendor's title takes all the risks and losses consequent to such failure. [Dacasin v. CA, GR L-32723. Oct. 28, 1977]. 2. Let the buyer beware or that the buyers should examine and check for themselves things which they intend to purchase and that they cannot later hold the vendor responsible for the broken condition of the thing bought. [Duhaime's Legal Dict., 2004].
Cave resources. Any material or substance occurring naturally in caves, such as animal life, plant life, including paleontological and archaeological deposits, cultural artifacts or products of human activities, sediments, minerals, speleogems and speleothems. [Sec. 3, RA 9072]. CBA. See Collective Bargaining Agreement. CBA registration. The filing of the collective bargaining agreement with the Regional Office or the Bureau of Labor Relations accompanied by verified proof of posting and ratification and payment of fee. [Sec. 1, Rule 1, Book 5, IRR of LC]. CDA. Cooperative Development Authority. Cease and desist order. An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct. [Jurist’s Legal Dict., 2004]. Ceasefire. Intl. Law. An unconditional stoppage of hostilities by order of an international body like the UN Security Council for the purpose of employing peaceful means of settling the conflict. [Cruz, Intl. Law
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
153 Reviewer, 1996 Ed., p. 144, citing Salonga and Yap, 451452]. Celebrity. See Public figure. Cement manufacturing. The manufacture of cement obtained by firing limestone naturally containing, or mixed artificially with, a suitable proportion of clay, and by subsequent crushing of the clinker so obtained (Portland Cement). [Sec. 2, RA 4095]. Censure. An official reprimand or condemnation of an attorney. [Glossary of Legal Terms (Pro-Se), 2004]. Center of excellence. A public or private college, institute, school or agency, engaged in the pre-service and continuing education, formal and non-formal, of teachers and top-notch educators, that has established and continues to maintain a good record in teacher education, research, and community service; whose graduates are models of integrity, commitment and dedication in education. [Sec. 2, RA 7784]. Center of gravity doctrine. Conf. of Laws. Choice of law problems are resolved by the application of the law of the jurisdiction which has the most significant
relationship to or contact with event and parties to litigation and the issue therein. [Agpalo, Conflict of Laws, p. 6]. Term is used synonymously with the Most significant relationship theory. Also known as Grouping of contacts. Centers. Any of the treatment and rehabilitation centers for drug dependents referred to in Sec.34, Art. VIII of RA 9165. [Sec 3, RA 9165]. Central Bank. See Bangko Sentral ng Pilipinas. Central Bank Act, The New. RA 7653 enacted on June 14, 1993. Central counting center. A public place designated by the Commission on Election where counting of ballots and canvassing shall be conducted. [Sec. 2, RA 8046]. Cerebral concussion. Brain jarring resulting from head injury. [Moreno’s Law Dict., 2000 Ed., p. 67]. Cerebro-vascular accident (CVA). The breaking of a blood vessel within or about the brain. [Schmidt's Atty.s' Dict. of Medicine, 1965, p. 160]. It is also known as cerebral or intracranial hemorrhage for which the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
154 science of medicine gives several causes, among which are hypertensive vascular diseases and arterial aneurysms which are gradual processes that worsen over the years if left unchecked. [Trinidad v. WCC, GR L-42507. Feb. 28, 1978, citing Cecil-Loeb, Textbook of Medicine, 13th Ed., p. 209, 947]. Certain. Definitely settled so as not to be variable or fluctuating. Fixed. [Moreno’s Law Dict., 2000 Ed., p. 67]. Certificate of ancestral domain title. A title formally recognizing the rights of possession and ownership of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) over their ancestral domains identified and delineated in accordance with this law. [Sec. 4, RA 8371]. Certificate of ancestral lands title. A title formally recognizing the rights of Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs) over their ancestral lands. [Sec. 4, RA 8371]. Certificate of canvass of votes. A machine-generated document containing the total votes in figures obtained by each candidate
in a city, municipality, district, or province, as the case may be. [Sec. 2, RA 8436]. Certificate of deposit. 1. An instrument in the form of a receipt given by a banker for a certain sum of money. It is a written acknowledgment by a bank of the receipt of money or deposit which the bank promises to pay to the depositor, bearer, or order, or to some other person or order. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 68]. 2. A promissory note issued by a bank in which the bank promises to repay money it has received, plus interest, at a time certain. [Intl. Law Dict. & Direct., 2004]. Certificate of land transfer. The certificate (which) simply evidences the government's recognition of the grantee as the party qualified to avail of the statutory mechanisms for the acquisition of ownership of the land tilled by him as provided under PD 27. It does not vest in the farmer/grantee ownership of the land described therein. [Pagtalunan v. Tamayo, GR 54281. Mar. 19, 1990]. Certificate of public convenience. 1. The license on authority issued by the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
155 Maritime Industry Authority (MARINA) to a domestic ship operator to engage in domestic shipping. [Sec. 3, RA 9295]. 2. An authorization issued for the operation of public services for which no franchise, either municipal or legislative, is required by law. [PAL v. CAB, GR 119528. Mar. 26, 1997]. Certificate of public convenience and necessity. A certificate issued to a public service for which a franchise is required by law. [PAL v. CAB, GR 119528. Mar. 26, 1997]. Certificate of sale. A certificate setting forth the proceedings had at the sale, a description of the property sold, the name of the purchaser, the sale price, as well as the exact amount of the taxes and penalties due and the costs of sale received by the purchaser at public auction of delinquent property from the provincial or city treasurer, or his deputy. [Sec. 76, PD 464]. Certificate of stock. A written acknowledgment by the corporation of the interest, right, and participation of a person in the management, profits, and assets of a corporation. It is a documentary evidence of the holder’s ownership of shares and is a convenient
instrument for the transfer of title. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., pp. 56-57]. Certificate of title, original or transfer (OCT or TCT). 1. The transcript of the decree of registration made by the registrar of deeds in the registry. [PNB v. Tan Ong Zse, GR 27991. Dec. 24, 1927]. 2. Document issued by the [Register of Deeds] for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein. [Glossary of Legal Terms (Pro-Se), 2004]. Certification. 1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original. [Glossary of Legal Terms (Pro-Se), 2004]. Certification against forum shopping. Civ. Proc. The certification under oath by the plaintiff or principal party in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
156 same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. [Sec. 5, Rule 7, RoC]. Certification election. Labor. The process of determining, through secret ballot, the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit, for purposes of collective bargaining. [Sec. 1, Rule 1, Book 5, IRR of LC]. Compare with Consent election. Certification of check. A written agreement by which a bank promises to pay the check at any time it is presented for payment. It may be made on the check itself or on another instrument, identifying the bill certified. [Moreno’s Law Dict., 2000 Ed., p. 68].
Certification proceeding. Labor. A mere investigation of a non-adversary, factfinding character, in which the investigating agency plays the part of a disinterested investigator seeking merely to ascertain the desires of the employees as to the matter of their representation. [Manila Golf & Country Club, Inc. v. IAC, GR 64948. Sep. 27, 1994]. Certified check. A check which bears upon its face an agreement by the drawee bank that the check will be paid on presentation. The usual practice is by stamping or writing the word “certified” upon the check. [Diaz, Bus. Law Rev., 1991 Ed., p. 381]. Certified public accountant (CPA). A person, be it his/her individual capacity, or as a staff member in an accounting or auditing firm, holding out himself/herself as one skilled in the knowledge, science and practice of accounting, and as a qualified person to render professional services as a certified public accountant; or offering or rendering, or both or more than one client on a fee basis or otherwise, services as such as the audit or verification of financial transaction and accounting records; or the preparation,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
157 signing, or certification for clients of reports of audit, balance sheet, and other financial, accounting and related schedules, exhibits, statement of reports which are to be used for publication or for credit purposes, or to be filed with a court or government agency, or to be used for any other purposes; or to design, installation, and revision of accounting system; or the preparation of income tax returns when related to accounting procedures; or when he/she represents clients before government agencies on tax and other matters relating to accounting or render professional assistance in matters relating to accounting procedures and the recording and presentation of financial facts or data. [Sec. 4, RA 9298]. Certified seeds. Seeds that passed the seed certification standards of the Bureau of Plant Industry and which are the progeny of foundation, registered or certified seeds that are so handled as to maintain satisfactory genetic identity and varietal purity. [Sec. 4, RA 7607]. Certiorari. 1. A writ from a superior court to an inferior court or tribunal commanding the latter to
send up the record of a particular case. [Pimentel v. COMELEC, GR L-53581-83. Dec. 19, 1980, citing 14 CJS 121]. 2. A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. [Glossary of Legal Terms (Pro-Se), 2004]. Certiorari, petition for. A verified petition filed in the proper court by the person aggrieved by the action of any tribunal, board, or officer exercising judicial functions, without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, such petition alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings, as the law requires, of such tribunal, board or officer. [Sec. 1, Rule 65, RoC]. Certiorari, petition for. Elements: (a) That it is directed against a tribunal, board or officer exercising judicial functions; (b) that such tribunal, board or officer has acted without or in excess of jurisdiction or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
158 with grave abuse of discretion; and (c) that there is no appeal nor any plain, speedy and adequate remedy in the ordinary course of law. [Sec. 1, Rule 65, RoC]. Certiorari, writ of. A writ the function of which is to keep an inferior Court within the bounds of its jurisdiction or to prevent it from committing such a grave abuse of discretion amounting to excess of jurisdiction [Central Bank v. CA, GR 41859. 8 Mar. 1989, 171 SCRA 49]. Cessante ratione legis, cessat et ipsa lex. Lat. Where the reason of the law ceases, the law itself ceases. [Lonaria v. De Guzman, GR L-20940. Sep. 29, 1967]. Cession. From Lat. cessio from cessare: to yield. 1. Civ. Law. The abandonment of all property of the debtor for the benefit of his creditors in order that the latter may apply the proceeds thereof to the satisfaction of their credit. [Torres, Oblig. & Cont., 2000 Ed., p. 120]. 2. Intl. Law. The transfer of territory from one state to another by treaty. [Intl. Law Dict. & Direct., 2004]. Cession. Requisites: (a) There must be at least one debtor and two or more creditors;
(b) the debtor is in a state of insolvency, either partially or totally, at the time of the cession or assignment; (c) the debtor is required to deliver all his property to all his creditors; and that (d) the creditors may sell the property and apply the proceeds to their credits proportionately. [Torres, Oblig. & Cont., 2000 Ed., p. 120]. Cestui que trust. Lat. For the beneficiary of a trust. [Duhaime's Legal Dict., 2004]. Cestui que use. Lat. For the donee of a trust. [Duhaime's Legal Dict., 2004]. CFI. Court of First Instance. Chain distribution plans or pyramid sales schemes. Sales devices whereby a person, upon condition that he makes an investment, is granted by the manufacturer of his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit upon condition of making similar investments. [Art. 4, RA 7394]. Chain saw. Any portable power saw or similar cutting implement, rendered operative by an electric or internal combustion engine
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
159 or similar means, that may be used for, but is not limited to, the felling of trees or the cutting of timber. [Sec. 3, RA 9175]. Chain saw dealer. A person, natural or juridical, engaged in the manufacture, importation, distribution, purchase and/or sale of chain saws. [Sec. 3, RA 9175]. Challenging to a duel. Crim. Law. The felony committed by any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel. [Art. 261, RPC]. Chambers. A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the public. [Glossary of Legal Terms (Pro-Se), 2004]. Champertous agreement (or contract). Agreement whereby an attorney agrees to pay expenses of proceedings to enforce the client's rights. [Bautista v. Gonzales, AM 1625. Feb. 12, 1990, citing JBP Holding Corp. v. US 166 F. Supp. 324 (1958)].
Champerty. 1. A bargain by a stranger with a party to a suit, by which such third person undertakes to carry on the litigation at his own cost and risk in consideration of receiving, if successful, a part of the proceeds or subject sought to be recovered. [Moreno’s Law Dict., 2000 Ed., p. 70]. 2. The act of a person in agreeing to finance someone else's lawsuit in exchange for a portion of the judicial award. [Duhaime's Legal Dict., 2004]. Change of name. A judicial proceeding in rem, requiring publication, and may be ordered by the court if proper and reasonable cause exists to justify it. [Bench Book for Trial Court Judges, p. 3-3]. Change of name. Grounds: (a) When the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) When the change results as a legal consequence, as in legitimation; (c) When the change will avoid confusion; (d) Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage; (e) A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
160 anybody; and (f) When the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest. [Rep. v. CA, GR 97906. May 21, 1992]. Change of venue. Moving a lawsuit or criminal trial to another place for trial. [Glossary of Legal Terms (Pro-Se), 2004]. Channel. See Natural bed. Character. The possession by a person of certain qualities of mind and morals, distinguishing him from others; it is the opinion generally entertained of a person derived from the common report of the people who are acquainted with him. [People v. Lee, GR 139070, May 5, 2002]. Characterization. Conf. of Laws. The process of deciding whether or not the facts relate to the kind of question specified in a conflicts rule. The purpose of characterization is to enable the court of the forum to select the proper law. [Agpalo, Conflict of Laws, p. 18]. Also Doctrine of qualification.
Charge - of - company domination rule. Labor. Under settled jurisprudence, the pendency of a formal charge of company domination is a prejudicial question that, until decided, bars proceedings for a certification election, the reason being that the votes of the members of the dominated union would not be free. [United CMC Textile Workers Union v. BLR, GR L51337. Mar. 22, 1984]. Charges. 1. Pecuniary liability, as rents or fees against persons or property. [Sec. 131, RA 7160]. 2. Those which are incurred, not on the thing itself, but because of it. They include every prestation required of the possessor by reason of the possession of the thing, whether it constitutes a real right or not. All taxes or contributions in favor of the government, whether on the capital or on the fruits, and interests on mortgages, etc., are examples of such charges. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 291, citing 4 Manresa 282]. Charges d’affaires. Fr. In charge of affairs. Those officially below the rank of the ministers resident. They take over when the latter is absent. In other words, they are temporarily in charge no
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
161 matter what their official rank or designation may be. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1044]. Charging or special lien. An attorney's specific lien for compensation on the fund or judgment which he has recovered by means of his professional services for his client in a particular case and is provided in the second part of Rule 138, Sec. 37 (of the Rules of Court). It covers only the services rendered by an attorney in the action in which the judgment was obtained and takes effect under the cited rule after the attorney shall have caused a statement of his claim of such lien to be entered upon the records of the particular action with written notice thereof to his client and to the adverse party. It presupposes that the attorney has secured a favorable money judgment for his client and grants the attorney "the same right and power over such judgments and executions as his client would have to enforce his lien and, secure the payment of his just fees and disbursements.” [Ampil v. Juliano-Agrava, GR L-27394. July 31, 1970]. Compare with Attorney’s retaining lien. Charivari. A mock serenade of discordant noises made
with kettles, tin horn, etc., designed to deride or annoy. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 428]. Charter. 1. An instrument or authority from the sovereign power bestowing the right or privilege to be and act as a corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 130, citing Humprey and Peues, 16 Wall. (US) 244, 21 L. Ed. 326]. 2. A document outlining the principles, functions, and organization of a juridical entity. [Intl. Law Dict. & Direct., 2004]. Chartered institution. Any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary authority of the State. [Sec. 2, Admin Code of 1987]. Charter-party. 1. A contract in which the owner of a vessel lets for consideration the whole or principal part thereof for the conveyance of goods and/or passengers on a particular voyage to one or more places or until the expiration of a specified time and surrenders unto the lessee or charterer the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
162 control, by vesting upon the latter the right to appoint the captain, officers and members of the crew, of the vessel leased or chartered during the duration of the contract. [RA 913]. 2. A contract by which an entire ship, or some principal part thereof, is let by the owner to another person for a specified time or use. [Planters Products v. CA, GR 101503. Sep. 15, 1993, citing 70 Am Jur 2d, p. 580]. Charter vessel. A contract by which the owner or agent of the vessel leases for a certain price the whole or a portion of the vessel for the transport of goods or persons from one port to another. [Moreno’s Law Dict., 2000 Ed., p. 72]. Chaste. Legal Med. 1. An unmarried woman who has had no carnal knowledge with men or who never voluntarily had unlawful sexual intercourse. It also denotes purity of mind and innocence of heart. [Olarte, Legal Med., 1st Ed. (2004), p. 121]. 2. A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins. [Duhaime's Legal Dict., 2004]. Compare with Virgin. Chastity. Legal Med. That virtue which prevents the
unlawful intercourse of the sexes. There is abstinence from unlawful sexual connection. [Olarte, Legal Med., 1st Ed. (2004), p. 121]. Compare with Virginity. Chattel. 1. Moveable items of property which are neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property. [Duhaime's Legal Dict., 2004]. 2. An article of personal property. [Glossary of Legal Terms (Pro-Se), 2004]. Chattel mortgage. A mortgage where personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation. [Art. 2140, CC]. Compare with Real estate mortgage. Chattel Mortgage Law. Act 1508 enacted on July 2, 1906. Check or cheque. 1. A bill of exchange drawn on a bank payable on demand. [Sec. 185, NIL]. 2. A bill of exchange drawn on a bank payable on demand. 3. A written order or request to a bank or persons carrying on the business of banking, by a party having money in their hands, desiring them to pay,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
163 on presentment, to a person therein named or bearer, or to such person or order, a named sum of money. [People v. Nitafan, GR 75954. Oct. 22, 1992, citing 2 Dan. Neg. Inst. 528; Blair v. Wilson, 28 Gratt. (Va.) 170; Deener v. Brown, 1 Mac Arth. (D.C.) 350; In re Brown, 2 Sto. 502, Fed. Cas. No. 1,985. See Chapman v. White, 6 N. Y. 412, 57 Am. Dec. 464]. 4. A draft drawn upon a bank and payable on demand, signed by the maker or drawer, containing an unconditional promise to pay a sum certain in money to the order of the payee. [People v. Nitafan, GR 75954. Oct. 22, 1992, citing State v. Perrigoue, 81 Wash. 2d 640, 503 p. 2d 1063, 1066]. Check-off. A process or device whereby the employer, on agreement with the union recognized as the proper bargaining representative, or on prior authorization from its employees, deducts union dues or agency fees from the latter's wages and remits them directly to the union. [Holy Cross of Davao v. Joaquin, GR 110007. Oct. 18, 1996, citing Pascual, C., Labor Rel. Law, at 173]. Chemical diversion. The sale, distribution, supply or transport of legitimately
imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud. [Sec 3, RA 9165]. Chemical engineer. A person duly registered and a holder of a valid Certificate of Registration and Professional Identification Card issued by the Board of Chemical Engineering and the Professional Regulation Commission (PRC). [Sec. 3, RA 9267]. Chemical engineering, practice of. The rendering of chemical engineering service by a person who shall, for a fee, salary or other reward or compensation, paid to him or through another person, or even without such reward or compensation, render or offer to render professional chemical engineering service in the form of consultation, investigation, valuation, planning, designing or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
164 preparation of specifications for or estimates of industrial plants; or undertake the supervision of construction, erection, installation, alteration or operation of industrial plants. [Sec. 12, RA 318]. Chemical name. The description of the chemical structure of the drug or medicine and serves as the complete identification of a compound. [Sec. 3, RA 6675]. Chia. Chi. Grateful. [Jew Chong v. Rep., GR L-14343. May 23, 1961]. Chicot doctrine. The doctrine which advocates the imperative necessity to take account of the actual existence of a statute prior to its nullification, as an operative fact negating acceptance of a principle of absolute retroactive invalidity.” [Co v. CA, GR 100776. Oct. 28, 1993, citing Chicot County Drainage Dist. v. Baxter States Bank, 308 US 371, 374 (1940)]. See Operative fact doctrine. Chief of mission. The head of an embassy or other diplomatic missions of the Philippines, or any person appointed by the President to such position, whether serving in the home office or
foreign service. [Sec. 5, RA 7157]. Child. 1. A person below fifteen (15) years of age unless sooner emancipated by law. [Sec. 3, RA 8043]. 2. A person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. [Sec. 3, RA 9208]. 3. Offspring of parentage; progeny. [Glossary of Legal Terms (Pro-Se), 2004]. Child abuse. The maltreatment, whether habitual or not, of the child. [Sec. 3, RA 7610]. Child and Youth Welfare Code, The. PD 603 entitled “The Child and youth Welfare Code” signed into law on Dec. 10, 1974. Child-caring agency. A duly licensed and accredited agency by the DSWD that provides twenty four (24)hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children. [Sec. 3, RA 8552]. Child-caring institution. 1. An institution that provides
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
165 twenty-four resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders. 2. An institution, whose primary purpose is education, is deemed to be a child-caring institution when nine or more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians for at least two months of summer vacation. [Art. 117, PD 603]. Child-friendly programs. Programs not specifically designed for viewing by children but which serve to further the positive development of children and contain no elements that may result in physical, mental and emotional harm to them. These include various formats and genre that appeal to children and are made available for all ages from early childhood to adolescence. [Sec. 3, RA 8370; Sec. 3, RA 7941]. Child legally available for adoption. A child who has been voluntarily or involuntarily committed to the DSWD or to a duly licensed and accredited child-placing or child-caring
agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. [Sec. 3, RA 8552]. Child-placing agency. 1. A duly licensed and accredited agency by the DSWD to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study. [Sec. 3, RA 8552]. 2. An institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home or under the care and custody of any person or persons for purposes of adoption, guardianship or foster care. The relatives of such child or children within the sixth degree of consanguinity or affinity are excluded from this definition. [Art. 117, PD 603]. Child prostitution and other sexual abuse. The exploitation of children, whether male or female, in prostitution and other sexual abuse, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
166 or lascivious conduct. [Sec. 5, RA 7610].
viewing by children. [Sec. 3, RA 8370].
Children. 1. Those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under RA 7610. As used in RA 9262, it includes the biological children of the victim and other children under her care. [Sec. 3, RA 9262]. 2. All persons below eighteen (18) years old. [Sec. 3, RA 8370]. 3. Persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. [Sec. 3, RA 7610].
Children's Television Act of 1997. RA 8370 enacted on Oct. 28, 1997.
Children of a solo parent. Those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability. [Sec. 3, RA 8972]. Children's Programs materials television specifically
television. and other broadcast on that are designed for
Child-viewing hours. Hours which are considered to be appropriate for children to watch television taking into account other activities which are necessary or desirable for their balanced development. [Sec. 3, RA 8370; Sec. 3, RA 7941]. Child witness. Any person who at the time of giving testimony is below eighteen (18) years. In child abuse cases, a child includes one over eighteen (18) years but is found by the court as unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. [Sec. 4 (a), AM 00-4-07-SC]. Ching suan. Chi. Mapili. [Arce Sons and Co. v. Selecta Biscuit Co., Inc., GR L-14761. Jan. 28, 1961]. Chirographs. Credits appearing in a public instrument or final judgment. [PNB v. Veraguth, GR 26833. Apr. 1, 1927].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
167 Chloride. A compound of chlorine with another element or radical. [People v. Angeles, GR 92850. June 15, 1992, citing Webster's 3rd New Intl. Dict. (1986), 1108]. Choice of jurisdiction. In conflict of laws, the principles and rules applied by courts in order to determine the proper jurisdiction for instituting legal proceedings. [Tetley, Glossary of Conflict of Laws, 2004]. Choice of law. In conflict of laws, the principles and rules applied by courts in order to determine the law applicable to one or more of the legal issues to be decided. [Tetley, Glossary of Conflict of Laws, 2004]. Chose. A thing, an article of personal property. A chattel personal, and is either in action or in possession. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329]. Chose in action. A right of property in intangible things or which are not in one's possession, enforceable through legal or court action. Examples may include salaries, debts, insurance claims, shares in companies and pensions. [Duhaime's Legal Dict., 2004].
Chose in possession. A personal thing of which one has possession, as distinguished from a thing in action. Taxes and customs, if unpaid, are a chose in action. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329]. Christian name. A given name. [Moreno’s Law Dict., 2000 Ed., p. 74]. Chronic. Long-term or longstanding. A long and gradual development of the ailment. [Sarmiento v. ECC, GR L68648. Sep. 24, 1986]. Chronic hemoptysis. Pulmonary tuberculosis accompanied by blood vomiting. [Moreno’s Law Dict., 2000 Ed., p. 74]. Chronic pyelonephritis. A slowly progressive infection of a renal pelvis and prenchyma, frequently bilateral. Factors such as stones, strictures and tumors cause obstruction to the flow of urine and predispose to infection. [Chavez v. ECC, GR L-61931. Mar. 31, 1987]. Chronological. Arranged in the order in which events happened; according to date. [Glossary of Legal Terms (Pro-Se), 2004]. Church. All places suited to regular religious worship. A
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
168 place where persons regularly assemble for worship. [Martelino v. Estrella, GR L-15927. Apr. 29, 1963]. Cia. Abbrev. for Compania, as in “Filipinas Cia. De Seguros.” [Claridades, A., Compilation of Notes, 20012006]. Cigarette. Any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use. [Sec. 4, RA 9211]. Cigars. All rolls of tobacco or any substitutes thereof, wrapped in leaf tobacco. [Sec. 137-A, PD 69]. Cipher. A method of secret writing that substitutes other letters or characters for the letter intended or transposes the letter after arranging them in blocks or squares. [Sec. 42, RA 5921]. Circumbalacion. Sp. The act of surrounding a place. It is a term that a derived from the word "circuir," which means to surround, to encompass, to encircle. The phrase "1001 brazas de circumbalacion" can mean no other than that the perimeter or circumference of the property has a total length of 1001 brazas.
[Querubin v. Alconcel, GR L23050. Sep. 18, 1975]. Circumstances. Minor facts of related or accessory facts, occurrences or things which stand around or closely precede or follow, or which surround or accompany, or which depend upon or support or qualify a principal act or event. [Moreno’s Law Dict., 2000 Ed., p. 74]. Circumstantial evidence. 1. The evidence of collateral facts or circumstances from which an inference may be drawn as to the probability or improbability of the facts in dispute. [People v. Liwag, GR 89112. Aug. 3, 1993, citing 5 Moran, p. 17, 1980 Ed.]. 2. Not only the prior and coetaneous actuations of the accused in relation to the crime but also his acts or conduct subsequent thereto can be considered as circumstantial evidence of guilt. [US v. De Los Santos, 24 Phil. 329 (1913)]. 3. To warrant conviction in criminal cases upon circumstantial evidence, such evidence must be more than one, derived from facts duly proven, and the combination of all of them must be such as to produce conviction beyond reasonable doubt [People v. Tiozon, 198 SCRA (1991)]. Compare with Direct evidence.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
169 Circumstantial evidence sufficient to convict. Requirements: (a) There are more than one circumstance, (b) the facts from which the inferences are derived are proven, and (c) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. [People v. Salangga, GR 100910. July 25, 1994]. Cirrhosis of the liver. Any diffuse fibrosis that destroys the normal architecture of the liver. The most common type is Laennec's or alcoholic cirrhosis which is the consequence of a specific type of malnutrition usually related to chronic alcoholism and/or faulty dietary habits. [Garol v. ECC, GR L-55233. Nov. 29, 1988]. Citation. A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents. [Glossary of Legal Terms (Pro-Se), 2004]. Citizen. One who, by birth, naturalization or otherwise, is a member of an independent political society, called a state,
kingdom, or empire, and as such is subject to its laws and entitled to its protection in all his rights incident to that relation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 251]. Citizen's arrest. A warrantless arrest authorized under Sec. 5, Rule 113, of the Rev. Rules on Crim. Proc. [People v. Rayray, GR 90628. Feb. 1, 1995]. Citizens by election. Citizens who by virtue of certain legal provisions, become such by choosing (electing) Philippine citizenship at the age of twenty one (21) or within a reasonable time thereafter. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 105]. Citizenship. 1. Membership in a political society and implies a duty of allegiance on the part of the member and a duty of protection on the part of the society. These are reciprocal obligations, one being a compensation for the other." [Laurel v. Misa, GR L-409. Jan. 30, 1947, citing 3 Hackworth, Digest of Intl. Law, 1942 Ed., p. 6]. 2. It applies only to certain members of the state accorded more privileges than the rest of the people who owe it allegiance. Its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
170 significance is municipal and not international. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 102]. Compare with Citizenship. Citizens of the Philippines. The following are citizens of the Philippines: (a) Those who are citizens of the Philippines at the time of the adoption of this Constitution; (b) those whose fathers or mothers are citizens of the Philippines; (c) those born before Jan. 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (d) those who are naturalized in accordance with law. [Art. IV, 1987 Phil. Constitution]. Civic welfare training service (CWTS). Programs or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizenry. [Sec. 3, RA 9163]. Civil. Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings. [Glossary of Legal Terms (Pro-Se), 2004].
Civil action. 1. An action brought to enforce or protect private rights. [Glossary of Legal Terms (Pro-Se), 2004]. 2. An action by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. [Sec. 3(a), Rule 1, RoC]. Civil Aeronautics Act of the Philippines, The. RA 776 entitled “An Act to reorganize the Civil Aeronautics Board and the Civil Aeronautics Administration, to provide for the regulation of civil aeronautics in the Philippines and authorizing the appropriation of funds therefor” enacted on June 20, 1952. Civil Aeronautics Board (CAB). The agency which has the power to regulate the economic aspect of air transportation, and has the general supervision and regulation of, and jurisdiction and control over, air carriers as well as their property, property rights, equipment, facilities, and franchise. [Sec. 10, RA 776, as amended].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
171 Civil aircraft. Any aircraft other than a public aircraft. [Sec. 3, RA 776]. Civil Code. A collection of laws which regulates the private relations of the members civil society, determining their respective rights and obligations, with reference to persons, things and civil acts. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 1, citing 1 Tolentino, Civil Code, p. 10]. Civil Code of the Philippines. RA 386 entitled “An Act to ordain and institute the Civil Code of the Philippines” enacted on June 18, 1949 and took effect on Aug. 30, 1950. Civil conspiracy. The combination of two or more persons for purposes of accomplishing by concerted action either lawful purpose by unlawful means or unlawful purpose by lawful means. [Rep. v. Sandiganbayan, GR 92594. Mar. 4, 1994, citing Black's Law Dict., 223, 5th Ed.)]. Civil contempt. The failure to do something ordered to be done by a court in a civil action for the benefit of the opposing party therein and is, therefore, an offense against the party in whose behalf the violated order is
made. [People v. Godoy, GR 115908-09. Mar. 29, 1995]. Compare with Criminal contempt. Civil corporation. A corporation established for business or profit, i.e., with a view toward realizing gains to be distributed among its members. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Eleemosynary corporation. Civil engineering, practice of. The practice shall embrace services in the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of streets, bridges, highways, railroads, air-ports and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures for irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels. The enumeration of any work shall not be construed as excluding any other work requiring civil engineering knowledge and application. [Sec. 2, RA 544]. Civil fruits. The rents of buildings, the price of leases
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
172 of lands and other property and the amount of perpetual or life annuities or other similar income. [Art. 442, CC]. Civilian supremacy principle. Pol. Law. The doctrine that teaches the supremacy of the sovereign Filipino people in line with the principle that “sovereignty resides in the people and all government authority emanates from them,” and this supremacy is “at all times, supreme over the military.” [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 60]. Civil interdiction. The deprivation of the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. [Art. 34, RPC]. Civil law. 1. Law inspired by old Roman Law, the primary feature of which was that laws were written into a collection; codified, and not determined, as is common law, by judges. The principle of civil law is to provide all citizens with an accessible
and written collection of the laws which apply to them and which judges must follow. [Duhaime's Legal Dict., 2004]. 2. Law based on a series of written codes or laws. [Glossary of Legal Terms (Pro-Se), 2004]. Civil month. Also Solar month. That which agrees with the Gregorian calendar; and these months are known by the names of January, February, March, etc. They are composed of unequal portions of time. [Gutierrez v. Carpio, GR 31025. Aug. 15, 1929, citing Bouvier's Law Dictionary]. Civil obligations. Obligations which give a right of action to compel their performance. [Art. 1423, CC]. Compare with Natural obligations. Civil procedure. 1. Procedure that treats of the enforcement and protection of rights in civil cases. [Suarez, Intro. to Law, 1995 3rd Ed., p. 204]. 2. The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals. [Glossary of Legal Terms (Pro-Se), 2004]. Civil register. 1. The various registry books and related
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
173 certificates and documents kept in the archives of the local civil registry offices, Philippine Consulates and of the Office of the Civil Registrar General. [Sec. 2, RA 9053]. 2. The official record of acts, events and judicial decrees concerning the civil status of persons. [Art. 407, CC]. Civil registrar (of city or municipality). The head of the local civil registry office of the city or municipality, as the case may be, who is appointed as such by the city or municipal mayor in accordance with the provisions of existing laws. [Sec. 2, RA 9048]. Civil registrar general. The Administrator of the National Statistics Office (NSO) which is the agency mandated to carry out and administer the provision of laws on civil registration. [Sec. 2, RA 9053]. Civil registry. The public record where acts, events and judicial decrees concerning the civil status of persons are entered. [Bench Book for Trial Court Judges, p. 3-4]. Civil rights. Those (rights) that belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not
connected with the organization or administration of government. They include the rights of property, marriage, equal protection of the laws, freedom of contract, etc. Or, as otherwise defined, civil rights are rights appertaining to a person by virtue of his citizenship in a state or community. Such term may also refer, in its general sense, to rights capable of being enforced or redressed in a civil action. [Simon v. CHR, GR 100150. Jan. 5, 1994, citing Black's Law Dict., 6th Ed., 1324]. Civil Service Commission. The central personnel agency of the [Philippine] Government. [Sec. 3, Art IX (b), 1987 Phil. Constitution]. Civil Service Decree of the Philippines. PD 807 entitled “Providing for the organization of the Civil Service Commission in accordance with provisions of the Constitution, prescribing its powers and functions and for other purposes” signed into law on Oct. 6, 1975. Civil society. Nongovernment organizations (NGOs) and people's organizations (POs). [Sec 4, RA 9275].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
174 Civil war. A war between opposing groups within the same state. [Intl. Law Dict. & Direct., 2004]. Claim. 1. Right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, unsecured. [Black's Law Legal Dict., p. 224, 5th Ed.]. 2. A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate. [Glossary of Legal Terms (Pro-Se), 2004]. Claim owner. 1. A holder of an existing mining right. [Sec. 3, RA 7076]. A holder of valid and subsisting mining claim(s). [Sec. 12, PD 1150]. Claim preclusion. Preclusion of claims.
See
Claim to ownership. The documents serving as bases of awarding Torrens Title, Transfer Certificate Title, Copy of Tax Declaration or Copy of Real Estate Tax Receipt. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Clandestine. Something that is purposely kept from the view or knowledge of others either in violation of the law or to conduct or conceal some illegal purpose. A clandestine marriage would be one which does not comply with laws related to publicity. [Duhaime's Legal Dict., 2004]. Clandestine laboratory. Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical. [Sec 3, RA 9165]. Clarificatory judgment. A judgment rendered by the court, upon motion, when a judgment previously rendered is ambiguous and difficult to comply with. [Claridades, A., Compilation of Notes, 2001-2006]. Class. Civil Service Law. All positions in the government service that are sufficiently similar as to duties and responsibilities and require
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
175 similar qualifications that can be given the same title and salary and for all administrative and compensation purposes, be treated alike. [Sec. 3, PD 807]. Class "A" containers. 20, 35, 40 footer-containers as per International Shipping Organization (ISO). [Sec. 1, PPA Admin. Order 08-79]. Class "B" containers. Containers owned by the shipping lines, the measurement/sizes of which do not fall under the ISO standard. [Sec. 1, PPA Admin. Order 08-79]. Classification. 1. The grouping of persons or things similar to each other in certain particulars and different from each other in these same particulars. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. 2. The act of arranging positions according to broad occupational groupings and determining differences of classes within each group. [Sec. 3, PD 985]. Classification. Requirements for validity: (a) It must be based on substantial distinctions; (b) it must be germane to the purposes of the law; (c) it must not be limited to existing conditions
only; and (d) it must apply equally to all the members of the class. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. Class of position. Admin. Law. The basic unit of the Position Classification System. A class consists of all those positions in the system which are sufficiently similar as to (a) kind or subject matter of work; (b) level of difficulty and responsibility; and (c) the qualification requirements of the work, to warrant similar treatment in personnel and pay administration. [Sec. 3, PD 985]. Class or representative suit. When the subject matter of the controversy is one of common or general interest to many persons, and the parties are so numerous that it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. But in such case the court shall make sure that the parties actually before it are sufficiently numerous and representative so that all interests concerned are fully protected. Any party in interest shall have a right to intervene in protection of his individual interest. [Sec. 12, Rule 3, RoC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
176 Classroom shortage. The number of classrooms whose construction, in considering the number of students divided by the existing number of classrooms, shall result in a student-classroom ratio of 45:1; classrooms shall mean those exclusively used for instructional purposes and shall exclude offices, libraries, laboratories, workshops and the like. [Sec. 3, RA 7880]. Class specification or standards. A written description of a class of position(s). It distinguishes the duties, responsibilities and qualification requirements of positions in a given class from those of other classes in the Position Classification System. [Sec. 3, PD 985]. Class suit. Requisites: (a) The subject matter of the controversy is one of common or general interest to many persons; and (b) the parties are so numerous that it is impracticable to bring them all before the court. [Mathay v. Consolidated Bank, 58 SCRA 559, 570 (1974); Oposa v. Factoran, 224 SCRA 792, 802 (1993)]. Claused bill of lading. A bill of lading indicating that some discrepancy exists between the goods loaded
and the goods listed on the bill. [Intl. Law Dict. & Direct., 2004]. Clean bill of exchange. Nego. Inst. One to which are not attached documents of tile to be delivered to the person against whom the bill is drawn when he either accepts or pays the bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 365]. Clean bill of lading. A bill of lading indicating that the goods have been properly loaded on board the carrier's ship. [Intl. Law Dict. & Direct., 2004]. Cleaner production. The application of an integrated, preventive environmental strategy to processes, products, services to increase efficiency and reduce risk to humans and the environment. [Sec 4, RA 9275]. Clean hands. 1. A maxim of the law to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct. [Duhaime's Legal Dict., 2004]. 2. An established and familiar principle that “he who comes to the courts must come with clean hands.” [Silagan
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
177 v. IAC, GR 68743. May 8, 1991]. Clean slate doctrine. Intl. Law. Doctrine that a new state coming into existence through decolonization is under no obligation to succeed to the treaties of its former colonial power. [Intl. Law Dict. & Direct., 2004]. Clean-up operations. 1. Activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas, and the restoration of the affected areas to their former physical, chemical and biological state or conditions. [Sec 4, RA 9275]. 2. Activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition. [Sec. 62, PD 1152]. Clear and convincing proof or evidence. 1. Proof (or evidence) that is more than mere preponderance, but not to extent of such certainty as is required beyond reasonable doubt as in criminal cases. [Manalo v. Roldan-Confesor, GR 102358. Nov. 19, 1992, citing Black's Law Dict., 5th Ed., p. 227]. 2. Standard of proof (or evidence) commonly used in civil lawsuits and in regulatory
agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case. [Glossary of Legal Terms (Pro-Se), 2004]. Clear and present danger rule. The libertarian test which was originally espoused by Justice Holmes in Schenck v. US where he ruled that "the question in every case is whether the words used are used in such circumstances and are of such nature as to create and present danger that they will bring about the substantive evils that the State has a right to prevent. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Compare with Dangerous tendency doctrine and Balancing test. Clearing agency. Any person who acts as intermediary in making deliveries upon payment effect settlement in securities transactions. [Sec. 3, RA 8799]. Clearing check. A banking process to determine the existence of sufficiency of funds against which a check is drawn, and the crediting of the account of the bank sending said check for clearing, including the verification of the other defects that will render the check stale or not payable.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
178 [Moreno’s Law Dict., 2000 Ed., p. 77]. Clemency. Also Executive clemency. Act of grace or mercy by the President to ease the consequences of a criminal act, accusation, or conviction. [Glossary of Legal Terms (Pro-Se), 2004]. Clerical errors. 1. Mistakes by the clerk in copying or writing, the making of wrong entries in the public records contrary to existing facts. [Lim v. Rep.. GR L-8932, May 13, 1937]. 2. Those mistakes that are clerical in nature or changes that are harmless and innocuous, such as the correction of a misspelled name or occupation of the parents. [Ansaldo v. Rep., 102 Phil. 1046]. 3. Those that are visible to the eyes or obvious to the understanding, or “errors made by a clerk or transcriber, a mistake in copying or writing.” [Black v. Rep., 104 Phil. 848]. Compare with Substantial errors. Clerical or typographical error. 1. A mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or
the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records. [Sec. 2, RA 9053]. 2. An error made in copying or writing. [Yu v. Rep., GR L20752. Nov. 25, 1967, citing Black's Law Dict.]. Clerk of court. 1. An essential officer in any judicial system. His office is the hub of activities, both adjudicative and administrative. The clerk of court keeps the records and seal, issues processes, enters judgments and orders, and gives, upon request, certified copies form the records. [Lloveras v. Sanchez, AM P-93-817. Jan. 18, 1994]. 2. Administrator or chief clerical officer of the court. [Glossary of Legal Terms (Pro-Se), 2004]. Client. One who engages the ser-vices of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 5]. Clinic. A place in which patients avail of medical consultations or treatments on an out-patient basis. However, any clinic or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
179 dispensary where there is at least six beds or cribs or bassinets installed for twenty-four-hour use by patients shall be construed to fall within the definition of a hospital as described in RA 4226. [Sec. 2, RA 4226]. Close corporation. A corporation whose articles of incorporation provide that: (a) all the corporation's issued stock of all classes, exclusive of treasury shares, shall be held of record by not more than a specified number of persons, not exceeding twenty (20); (b) all the issued stock of all classes shall be subject to one or more specified restrictions on transfer permitted by Title XII of the Corporation Code; and (c) the corporation shall not list in any stock exchange or make any public offering of any of its stock of any class. Notwithstanding the foregoing, a corporation shall not be deemed a close corporation when at least two-thirds (2/3) of its voting stock or voting rights is owned or controlled by another corporation which is not a close corporation within the meaning of the Corporation Code. [Sec. 96, Corp. Code]. Compare with Open corporation. Closed-end company. Any investment company other
than an open-end company. [Sec. 5, RA 2629]. See Open-end company. Closed season. 1. The period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philip-pine waters. [Sec. 4, RA 8550]. 2. The period during which fishing is prohibited in a specified area or areas in Philippine waters, or to the period during which the catching or gathering of specified species of fish or fishery/aquatic products or the use of specified fishing gears to catch or gather fish or fishery/aquatic product is prohibited. [Sec. 3, PD 704]. Closed shop. Labor. An enterprise in which, by agreement between the employer and his employees or their representatives, no person may be employed in any or certain agreed departments of the enterprise unless he or she is, becomes, and for the duration of the agreement, remains a member in good standing of a union entirely comprised of or of which the employee in interest are a part. [Findlay Millar Timber Co. v. Phil. Land-Air-Sea Labor Union, GR L-18217 & L-18222. Sep. 29, 1962].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
180 Closely held corporation. Any corporation at least fifty percent (50%) in value of the outstanding capital stock or at least fifty percent (50%) of the total combined voting power of all classes of stock entitled to vote is owned directly or indirectly by or for not more than twenty (20) individuals. [Sec. 127, NIRC as amended]. Close of election proceedings. As used in Secs. 3 and 4 of the Implementing Rules of the Labor Code, the phrase refers to that period from the closing of the polls to the counting and tabulation of the votes. [Phil. Fruits and Vegetable Ind., Inc. v. Torres, GR 92391. July 3, 1992]. Closing argument. The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence. [Glossary of Legal Terms (Pro-Se), 2004]. Closing out sale. A consumer sale wherein the seller uses the announcement to create the impression that he is willing to give large discounts or merchandise in order to reduce, dispose or close out his inventory and business. [Art. 4, RA 7394].
Clothier. One who makes or sells cloths or clothing; especially, one who sells ready-made clothing. [Hashim v. Posadas, GR 24402. Feb. 19, 1926]. Compare with Tailor. Cloud on title. An outstanding instrument, record, claim, encumbrance or proceeding which is actually invalid or inoperative, but which may nevertheless impair or affect injuriously the title to property. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 150, citing Phelps v. Harris, 101 US 370]. Cluster housing. A singlefamily attached dwelling containing three or more separate living units grouped closely together to form relatively compact structures. [Sec. 3, BP 220]. Cluster of schools. A group of schools which are geographically contiguous and brought together to improve the learning outcomes. [Sec. 4, RA 9155]. COA. See Commission on Audit. Coaccion. Sp. Unlawful coercion. [US v. Mena, GR 4812. Oct. 30, 1908].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
181 Coalition. An aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes. [Sec. 3, RA 7941]. Coal. A black or brownishblack solid combustible rock formed by the accumulation, decomposition and compaction of plant materials under a long acting geological process. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Coal Development Act of 1976, The. PD 972 entitled “Promulgating an Act to promote an accelerated exploration, development, exploitation, production and utilization of coal” signed into law on July 28, 1976. Coal-fired power plant. An electricity-generating plant which utilizes coal (whether locally produced or imported) as fuel. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Coal mine operator. Any person or instrumentality (whether natural or juridical) who is engaged in coal production and/or operation of coal-mining facility. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Coastal area or zone. A band of dry land and
adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, sea grass beds and other softbottom areas. [Sec. 4, RA 8550]. Coast Guard Law. RA 5173 entitled “An Act creating a Philippine Coast Guard, prescribing its powers and functions, appropriating the necessary funds therefor, and for other purposes” enacted on Aug. 4, 1967, as amended by PD 601 signed into law on Dec. 9, 1974. Coast police. An easement imposed, under Arts. 8 to 10 of the Spanish Law of Waters of 1886, upon estates adjacent to the sea or its shores consisting in the obligation of leaving a clear way not to exceed six meters in breadth and marked off by the government within the terrestrial coast zone.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
182 [Moreno’s Law Dict., 2000 Ed., p. 79]. Coast sea. The maritime zone encircling the coasts, to the full width recognized by international law. The States provides for and regulates the police supervision and uses of this zone, as well as the right of refuge and immunity therein, in accordance with law and international treaties. [Amada v. Dir. of Lands, GR 6866. Aug. 31, 1912]. Coastwise or interisland shipping service. A water transport service which is not considered as a continuation of the highway when the two terminals are separated by an open sea. [San Pablo v. Pantranco South Express, Inc.. GR L61461 & 61501. Aug. 21, 1987]. Compare with Ferryboat service. Cockfighting. The commonly known game or term: cockfighting derby, pintakasi or tupada, or its equivalent terms in different Philippine localities. [Sec. 4, PD 449]. Cockfighting Law of 1974. PD 449 signed into law on May 9, 1974. Cockpit. A pit or ring for cockfighting. [US v. Estapia, GR L-12891. Oct. 19, 1917, citing Websters, Funk &
Wagnalls, and Century Dict.].
the
20th
COD. See Cash on delivery. Coddler. See Protector. Code. A system of words or other symbols arbitrarily used to represent words. [Sec. 42, RA 5921]. Code of Commerce. The Spanish Code of Commerce of 1885 with some adaptations made by the “Comision de Codificacion de las Provincias de Ultramar,” extended to the Philippines by the Royal Decree dated Aug. 6, 1888, and became effective on Dec. 1, 1888. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 1]. Code of Conduct and Ethical Standards for Public Officials and Employees. RA 6713 entitled “An Act establishing a code of conduct and ethical standards for public officials and employees, to uphold the time-honored principle of public office being a public trust, granting incentives and rewards for exemplary service, enumerating prohibited acts and transactions and providing penalties for violations thereof and for other purposes” enacted on Feb. 20, 1989.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
183 Code of Muslim Personal Laws of the Philippines. PD 1083 entitled “A Decree to ordain and promulgate a code recognizing the system of Filipino Muslim laws, codifying Muslim personal laws, and providing for its administration and for other purposes” signed into law on Feb. 4, 1977. Code of Professional Responsibility. The rules of conduct that govern the legal profession. [Claridades, A., Compilation of Notes, 2001-2006]. Code on Sanitation of the Philippines. PD 856 enacted on Dec. 23, 1975. Codicil. 1. A supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered. [Art. 825, CC]. 2. An amendment to an existing will. It does not mean that the will is totally changed; just to the extent of the codicil. [Duhaime's Legal Dict., 2004]. Coercion. Exertion of physical violence or moral pressure upon a person in a manner that is determined and constant until the lawful
purpose is realized. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., pp. 687]. Coercions (compulsory purchase of merchandise). Crim. Law. The felony committed by any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind. [Art. 288, RPC]. Coercions (payment of wages by means of tokens). Crim. Law. The felony committed by any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the laborer or employee. [Art. 288, RPC]. Co-generation facility. A facility which produces electrical and/or mechanical energy and forms of useful thermal energy such as heat or steam which are used for industrial commercial heating or cooling purposes through the sequential use of energy. [Sec. 4, RA 9136].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
184 Cogitationis poenam nemo meretur. Lat. No man deserves punishment for his thoughts. [Salonga v. Paño, GR L-59524. Feb. 18, 1985]. Cognition test. Crim. Law Complete deprivation of intelligence in committing the (criminal) act. Compare with Volition. Cognition theory. Under this theory, acceptance is considered to effectively bind the offeror only from the time it came to his knowledge. [Suggested Answer for the 1997 Bar, UPLC, (2002), p. 55]. Compare with Manifestation theory. Cognovit judgment. Confession of judgment by the debtor. Written authority of the debtor and his direction for the entry of judgment against him in the event he shall default in payment. Such provision in a debt instrument or agreement permits the creditor or his attorney on default to appear in court and confers judgment against the debtor. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 135; 43 Phil. 444]. Cognovit note. An extraordinary note which authorizes an attorney to confess judgment against
the person or persons signing it. It is a written authority of a debtor and a direction by him for the entry of judgment against him if the obligation set forth in the note is not paid when due. Such judgment may be taken by any person holding the note which cuts off every defense which the maker of the note may otherwise have and it likewise cuts of all rights of appeal from any judgment taken on it. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 135; 43 Phil. 444]. COGSA. See Carriage Goods by Sea Act.
of
Cohabit. To dwell or live together as husband and wife; to live together as husband and wife although not legally married; to live together in the same house, claiming to be married; to live together at bed and board. [People v. Pitoc, GR 18513. Sep. 18, 1922, citing Corpus Juris, vol. 11, p. 950]. Cohabitation. The term implies living together and having repeated sex. [Bitangcor v. Tan, Adm. Case 528-SBC. Feb. 25, 1982]. Coin. A piece of round metal, which may sometimes be square or any shape either of gold, silver, nickel or copper representing definite
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
185 intrinsic or exchange value, issued by the government authority to be used as money, and usually bearing on one side, commonly called the obverse, an allegory, sign, shield, effigy, design, etc., containing the inscription or legend including all letters and numerals of the coin. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 442, citing II Feria and Gregorio]. Co-insurance. The percentage in the value of the insured property which the insured himself assumes or undertakes to act as insurer to the extent of the deficiency in the insurance of the insured property. In case of loss or damage, the insurer will be liable only for such proportion of the loss or damage as the amount of insurance bears to the designated percentage of the full value of the property insured. [Suggested Answer for the 1994 Bar, UPLC, (2002), p. 107]. Compare with Reinsurance. Coitus. 1. Sexual intercourse. [People v. Tan, GR 89316. July 12, 1990]. 2. Copulation. [People v. Padan, GR L-7295. June 28, 1957]. Co-lessee. One who jointly with another enters into a contract of lease with the
lessor and who binds himself to perform the obligations of such lessee. [Moreno’s Law Dict., 2000 Ed., p. 78]. Collaboration. The acts of working together in a joint project. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. Collate. To arrange in order; verify arrangement of pages before binding or fastening; put together. [Glossary of Legal Terms (Pro-Se), 2004]. Collateral. Property which has been committed to guarantee a loan. [Duhaime's Legal Dict., 2004]. Collateral agreement. Evid. A contract made prior to or contemporaneous with another agreement. [Claridades, A., Compilation of Notes, 2001-2006]. Collateral attack. One that is made when, in another action to obtain a different relief, an attack on the judgment is made as an incident in said action. This is proper only when the judgment, on its face, is null and void, as where it is patent that the court which rendered said judgment has no jurisdiction. [Macabingkil v. PHHC, 72 SCRA 326 (1976)]. Compare with
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
186 Direct attack against a judgment. Collateral attack of corporate existence. One whereby corporate existence is questioned in some incidental proceeding not provided by law for the express purpose of attacking the corporate existence. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 152]. Collateral descendant. A descendant that is not direct, such as a niece or a cousin. [Duhaime's Legal Dict., 2004]. Collateral estoppel. Conclusiveness Judgment.
See of
Collateral facts. Facts that are outside the controversy, or are not directly connected with the principal matter or issue in dispute, as indicated in the pleadings of the parties. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 61]. Collateral fraud. Extrinsic fraud.
See
Collateral-free arrangement. A financial arrangement wherein a loan is contracted by the debtor without the conventional loan security of a real estate or chattel mortgage in favor
of the creditor. In lieu of these conventional securities, alternative arrangements to secure the loans and ensure repayment are offered and accepted. [Sec. 3, RA 8425]. Collateral line. That constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. [Art. 964, CC]. Compare with Direct line. Collateral trust bond. Corp. Law. Bond secured by a lien on securities deposited with a trustee constituting collateral. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Collation. Succ. 1. The act of bringing into the mass of the estate any property or right which a compulsory heir, who succeeds with other compulsory heirs, may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition. [Art. 1061, CC]. 2. The fictitious mathematical process of adding the value of the thing donated to the net value of the hereditary estate.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
187 [Claridades, A., Compilation of Notes, 2001-2006]. Collecting agency. Any person other than a practicing Attorney-at-Law engaged in the business of collecting or suing debts or liabilities placed in his hands, for said collection or suit, by subscribers or customers applying and paying therefor. [Sec. 1, PD 426]. See Mercantile agency. Collection expense. An expense incurred to collect an obligation. It is in the nature of actual damages and therefore must be duly proved. [Moreno’s Law Dict., 2000 Ed., p. 80]. Collection or collecting. The act of gathering or harvesting wildlife, its byproducts or derivatives. [Sec. 5, RA 9147].
hours of work and all other terms and conditions of employment in a bargaining unit, including mandatory provisions for grievances and arbitration machineries. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A contract executed upon request of either the employer or the exclusive bargaining representative incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions arising under such agreement. [Davao Integrated Port Stevedoring Services v. Abarquez, GR 102132. Mar. 19, 1993].
Collective bargaining. Labor. It denotes, in common usage as well as in legal terminology, negotiations looking toward a collective agreement. [Pampanga Bus Co. v. Pambusco Employees' Union, 68 Phil. 541].
Collective bargaining agreement, gross violations of. Labor. Flagrant and/or malicious refusal to comply with the economic provisions of the Collective Bargaining Agreement (CBA), which act is considered as an unfair labor practice cognizable by the labor arbiter. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22].
Collective bargaining agreement (CBA). Labor. 1. The negotiated contract between a legitimate labor organization and the employer concerning wages,
Collective bargaining unit. Labor. A group of employees of a given employer, comprised of all or less than all of the entire body of employees, which the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
188 collective interests of all the employees, consistent with equity to the employer, indicate to be best suited to serve reciprocal rights and duties of the parties under the collective bargaining provisions of the law. [Belyca Corp. v. Ferrer-Calleja, GR L77395. Nov. 29, 1988, citing Rothenberg in Labor Rel., p. 482]. Collective mark. 1. Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. [Sec. 40, RA 166]. 2. A mark or symbol used by a group to identify itself to its members. [Intl. Law Dict. & Direct., 2004]. Collective work. A work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified. [Art. 171, RA 8293].
Collector. Any person or institution who acquires cultural properties and National cultural treasures for purposes other than sale. [Sec. 3, RA 4846]. Collector or agent (cabo, cobrador, coriador or variants thereof). Any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers game who is usually in possession of gambling paraphernalia. [Sec. 2, RA 9287]. Collide. To come into violent contact; strike violently against each other. [Moreno’s Law Dict., 2000 Ed., p. 81]. Collusion. A secret agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a third party. [Duhaime's Legal Dict., 2004]. Collusive action. From Lat. cullosio: a secret understanding. A suit where the parties are not at odds but where they cooperate to obtain a judgment. [Intl. Law Dict. & Direct., 2004]. Colorable imitation. 1. Close or ingenious imitation as to be calculated to deceive
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
189 ordinary persons, or such a resemblance to the original as to deceive an ordinary purchaser giving such attention as a purchaser usually gives, and to cause him to purchase the one supposing it to be the other. [Etepha v. Dir. of Patents, GR L-20635. Mar. 31, 1966, citing 87 CJS, p. 287]. 2. Such similarity in form, content, words, sound, meaning, special arrangement, or general appearance of the trademark or trade-name with that of the other mark or trade name in their overall presentation or in their essential, substantive and distinctive parts as would likely mislead or confuse persons in the ordinary course of purchasing the genuine article. [Emerald Garment v. CA, GR 100098. Dec. 29, 1995, citing Ruben Agpalo, Trademark Law & Practice in the Phil., 1990, p. 41]. Colorable title. That title which a person has when he acquired the thing in good faith from whom he believes to be the owner. [Moreno’s Law Dict., 2000 Ed., p. 81]. Combatants. Those who engage directly or indirectly in the hostilities. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 135].
Combination in restraint of trade. An agreement or under-standing between two or more persons, in the form of a contract, trust, pool, holding company, or other form of association, for the purpose of unduly restricting competition, monopolizing trade and commerce in a certain commodity, controlling its production, distribution and price, or otherwise interfering with freedom of trade without statutory authority. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997, citing Black's Law Dict., 6th Ed., p. 266]. Compare with Monopoly. Combustible, flammable or inflammable. Descriptive of materials that are easily set on fire. [Sec. 3, PD 1185]. Combustible fiber. Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, spanish moss, excelsior and other similar materials commonly used in commerce. [Sec. 3, PD 1185]. Combustible liquid. Any liquid having a flash point at or above 37.8ºc (100ºf). [Sec. 3, PD 1185]. Comelec. See Commission on Elections.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
190 Coming to court with unclean hands. See Unclean or dirty hands. Comity. From Lat. comitas: courteousness; or comitas gentium: the courteousness of nations. 1. The practice or courtesy existing between countries whereby the laws and institutions of each are recognized and respected. Comity is to be distinguished from international law, because international law is a binding obligation and comity is not. [Intl. Law Dict. & Direct., 2004]. 2. The doctrine requiring courts of one state to recognize the laws and judgments of competent courts of another state, in order to secure the reciprocal recognition by that foreign state of the laws and the judgments of the first state. [Tetley, Glossary of Conflict of Laws, 2004]. Commencement of action. Rem. Law. 1. A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. [Sec. 5, Rule 1, RoC]. 2. An action properly commenced — by the filing
of the complaint and the payment of all requisite docket and other fees. [Davao Light & Power Co., Inc. v. CA, GR 93262. Nov. 29, 1991]. Commerce. 1. That branch of human activity, the purpose of which is to bring products to the consumer by means of exchanges or operations which tend to supply and extend to him, habitually, with intent to gain at the proper time and place and in good quality and quantity [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 1, citing 1 Blanco 36]. 2. The sale, lease, exchange, traffic or distribution of goods, commodities, productions, services or property, tangible or intangible. [Art. 4, RA 7394]. Commercial. Viewed with regard for profit. Designed for profit. [Moreno’s Law Dict., 2000 Ed., p. 81]. Commercial arbitration. An arbitration that covers matter arising from all relationships of a commercial nature, whether contractual or not. [Sec. 3, RA 9285]. Commercial bank. A business firm that maintains custody of money deposited by its customers and pays
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
191 on drafts written by its customers. It earns its profits by investing the money it has on deposit. [Intl. Law Dict. & Direct., 2004]. Commercial blood bank. A blood bank that exists for profit. [Sec. 3 (c), RA 7719]. Commercial broker. The term includes all persons other than importers, manufacturers, producers or bona fide employees, who, far compensation or profit, sell or bring about sales or purchases of merchandise for other persons, or bring proposed buyers and sellers together, or negotiate freight or other business for owners of vessels, or other means of transportation, or for the shippers, or consignors or consignees of freight carried by vessels or other means of transportation. The term includes commission merchant. [Ker & Co. Ltd. v. Lingad, GR L-20871. Apr. 30, 1971, citing Sec. 194 (t), NIRC]. Commercial contract. The agreement between two or more merchants, and at times between those who are not, whereby they bind themselves to give or to do something in commercial transactions. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 45].
Commercial document. Any instrument executed in accordance with the Code of Commerce or any mercantile law containing disposition of commercial rights or obligations. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 450]. Commercial establishments. Department stores, supermarkets, shopping malls, office buildings, hotels, theaters, stadiums, condominiums, convention centers, restaurant and the like, used for business or profit. [Sec. 2, RA 7920]. Commercial fishing. 1. The taking of fishery species by passive or active gear for trade, business & profit beyond subsistence or sports fishing, to be further classified as: (a) Small scale commercial fishing — fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT; (b) Medium scale commercial fishing — fishing utilizing active gears and vessels of 20.1 GT up to one hundred fifty (150) GT; and 3. Large commercial fishing — fishing utilizing active gears and vessels of more than one hundred fifty (150) GT. [Sec. 4, RA 8550]. 2. Fishing for commercial purposes in waters more
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
192 than seven fathoms deep with the use of fishing boats more than three gross tons. [Sec. 3, PD 704; Sec. 3, PD 43]. Commercial land. Land devoted principally to commercial purposes, and generally for the object of profit. [Sec. 3, PD 464]. Commercial law. 1. That branch of private law which regulates the juridical relations arising from commercial acts. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 1]. 2. The whole body of substantive jurisprudence applicable to the rights, intercourse and relations of persons engaged in commerce, trade, or mercantile pursuits. Commercial letter of credit. An instrument by which a bank, for the account of a buyer of merchandise, gives formal evidence to a seller, of its willingness to permit the seller, to draw bills against it, and stipulates in legal form that all such bills will be honored. [Claridades, A., Compilation of Notes, 20012006]. Commercial logging. The cutting, felling or destruction of trees from old growth and residual forests for the
purpose of selling or otherwise disposing of the cut or felled logs for profit. [Sec. 3, RA 7611]. Commercial papers. 1. Instruments evidencing indebtedness of any person or entity which are issued, endorsed, sold or transferred or in any manner conveyed to another person or entity, with or without recourse. [Perez v. CA, GR L-56101. Feb. 20, 1984, citing The Money Market Industry Today: A Question of Survival — by Horacio T. Lava, Jr., PNB Quarterly, A Supplement of the Philnabank News, 2nd Qtr. 1978]. 2. An alternative name for a negotiable instrument. [Intl. Law Dict. & Direct., 2004]. Commercial registry. 1. A book where entries are made of merchants and of documents affecting their commercial transactions. 2. An office established for the purpose of copying and recording verbatim certain classes of documents of commercial nature. [Claridades, A., Compilation of Notes, 2001-2006]. Commercial sand and gravel permit. The permit granted by the provincial governor to any qualified person to extract and remove sand and gravel or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
193 other loose or unconsolidated materials which are used in their natural state, without undergoing process-sing from an area of not more than five hectares (5 has.) and in such quantities as may be specified in the permit. [Sec. 46, RA 7942]. Commercial scale. A scheme of producing a minimum harvest per hectare per year of milkfish or other species including those raised in pens, cages, and tanks. [Sec. 4, RA 8550]. Commercial scale fishpond production. Production of fish in fully developed fishpond of not less than 500 kilograms of production per hectare per year. [Sec. 3, PD 43]. Commission. Crim. Law. Doing or preparation; the performance of an act. [Torres v. Gonzales, GR 76872. July 23, 1987, citing Groves v. State, 116 Ga. 516]. Commission. 1. Rem. Law. An instrument issued by a court of justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court or tribunal. [Dasmariñas Garments v. Reyes, GR 108229. Aug. 24,
1993, citing Feria, J., Civil Proc., 1969 ed., p. 415]. 2. Admin. Law. A body composed of several persons acting under lawful authority to perform some public service. [Louisville Mun. Housing Commission v. Public Housing Admin., 261 Southwestern Reporter, 2nd, p. 286]. 3. A board or committee of officials appointed and empowered to perform certain acts or exercise certain jurisdiction of a public nature or service. [GMCR v. Bell Telecom, GR 126496. Apr. 30, 1997, citing Black’s Law Dict., p. 246). 4. A percentage or allowance made to a factor or agent for transacting business for another [Moreno's Phil. Law Dict., 3rd Ed., p. 852, citing People v. Sua Bok, 1 OG 689]. Commission agent. An agent who is authorized to buy or sell for the principal personal property and for which purpose said personal property is placed in his possession. [Diaz, Bus. Law Rev., 1991 Ed., p. 165]. See Factor. Commissioner. A person to whom a case pending in court is referred, for him to take testimony, hear the parties and report thereon to the court, and upon whose report, if confirmed, judgment is rendered.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
194 [Claridades, A., Compilation of Notes, 2001-2006]. Also called Referee. Commission of another crime during service of penalty imposed for another offense. The commission by any person of a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same. [Art. 160, RPC]. Commission on Appointments. The body created under Sec. 18, Art. VI of the 1987 Constitution which acts on all appointments submitted to it (by the Executive Department) within thirty session days of the Congress from their submission. It consists of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or organizations registered under the party-list system represented therein. Commission on Audit (COA). It is not an executive agency (but) is one of the three (3) independent constitutional commissions. It is vested with the power
and authority, and charged with the duty, to examine, audit and settle all accounts pertaining to the expenditures or uses of funds owned by or pertaining to, the Government or any of its subdivisions, agencies, or instrumentalities. [Comm. of Int. Rev. v. COA, GR 101976. Jan. 29, 1993, citing Art. IX [D], Sec. 2 [1], 1987 Const.]. Commission on Elections. An independent constitutional body created by a 1940 amendment to the 1935 Constitution. Since then, its membership was enlarged and its powers expanded by the 1973 and 1987 Constitutions. The Commission exercises not only administrative and quasi-judicial powers, but judicial power as well. [Comelec website]. Commission on the Filipino Language Act. RA 7104 entitled “An Act creating the Commission on the Filipino Language, prescribing its powers, duties and functions, and for other purposes” enacted on Aug. 14, 1991. Commit. To send a person to prison, asylum, or reformatory by a court order. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
195 Commitment or surrender of a child. The legal act of entrusting a child to the care of the DSWD or any duly licensed child placement agency or individual. [Art. 141, PD 603]. Commixtion. The mixture of things, solid or liquid, belonging to different owners, the mixture of liquids being more specifically called Confusion. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 99]. Commodatum. A contract of loan whereby one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it. [Art. 1933, CC]. Compare with Simple loan. Commodity futures contract. An agreement to buy or sell a specified quantity and grade of a commodity at a future date at a price established at the floor of the exchange. [Onapal Phils. Commodities, Inc. v. CA, GR 90707. Feb. 1, 1993.] Commodity treatment. Any form of treatment applied to plants, plant products, and other materials capable of harboring plant pests, for the purpose of destroying or
eliminating any infection/infestation caused by plant pests. [Sec. 2, PD 1433]. Commodum ex injuria sua nemo habere debet. Lat. No one ought to be a gainer by his own wrong. [Ramos v. Central Bank, GR L-29352. Jan. 21, 1986]. Common areas and facilities. Portions of the condominium property not included in the units. [GOAL, Inc. v. CA, GR 118822. July 28, 1997]. Compare with Unit. Common carriers. Also Public carriers. 1. Persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. [Art. 1732, CC]. 2. Any transportation facility which publicly undertakes to transport persons or property for a stated price and without restriction. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Compare with Private carrier. Common knowledge. Things of which courts take judicial notice, (which) may be matters coming to the knowledge of men generally
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
196 in the course of the ordinary experiences of life, or may be matters which are generally accepted by mankind as true and are capable of ready and unquestioned demonstration. [State Prosecutors v. Muro, AM RTJ92-876. Sep. 19, 1994]. Common law. 1. Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years. Because it is not written by elected politicians but, rather, by judges, it is also referred to as unwritten law. [Duhaime's Legal Dict., 2004]. 2. Law established by subject matter heard in earlier cases. [Jurist’s Legal Dict., 2004]. Also Case law. Common open markets. Also Palengke. (Markets) with dry and wet sections, foodstalls, fruit and vegetable sections, etc., where the retailers or market stall operators are lessees who pay fixed rents for the use of market space. [Cruz v. CA, GR L-44178. Aug. 21, 1987]. Common reputation. Reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or
respecting marriage or moral character, which may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation. [Sec. 41, Rule 130, RoC]. Common share. 1. A share which entitles the holder thereof to an equal pro rata division of the profits, if there are any, and in its assets upon dissolution, without any preference or advantage in that respect over other stockholder or class of stockholders but equally with all stockholders except preferred stockholders. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 61]. 2. The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred which, by definition, carry some kind of right or privilege above the common shares (e.g., first to receive any dividends). [Duhaime's Legal Dict., 2004]. Compare with Preferred share. Commonwealth Acts. Statutes enacted during the Commonwealth period from 1936 to 1946. [Suarez, Stat. Con., (1993), p. 42].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
197 Communal claims. Claims on land, resources and rights thereon, belonging to the whole community within a defined territory. [Sec. 4, RA 8371]. Communal irrigation system (CIS). An irrigation system that is managed by a bona fide Irrigators Association. [Sec. 4, RA 8435]. Communicate. In contracts of adhesion, like an insurance contract, to serve notice in writing or to correspond and effectively communicate with the assured. [Moreno’s Law Dict., 2000 Ed., p. 84]. Communication. The act of sharing or imparting, as in a conversation. The process by which meanings or thoughts are shared between individuals through a common system of symbols (as language signs or gestures). [Ramirez v. CA. GR 93833. Sep. 28, 1995, citing Webster's 3rd New Intl. Dict., p. 460 (1976)]. Communication to the public. The making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them. [Art. 171, RA 8293].
Communication to the public of a performance or a sound recording. The transmission to the public, by any medium, otherwise than by broadcasting, of sounds of a performance or the representations of sounds fixed in a sound recording. [Sec. 202, RA 8293]. Community facilities. Facilities or structures intended to serve common needs and for the benefit of the community, such as: neighborhood, multi-purpose center, health center, drugstore, school, livelihood center, etc. [Sec. 3, BP 220]. Community property. It shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. [Art. 91, FC]. Community property. Exceptions: (a) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; (b) property for personal and exclusive use of either spouse. However, jewelry
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
198 shall form part of the community property; (c) property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. [Art. 92, FC]. Commutation of leave credits, More commonly known as Terminal leave. Commutation applied for by an officer or employee who retires, resigns or is separated from the service through no fault of his own. [Borromeo v. CSC, GR 96032. July 31, 1991, citing Manual on Leave Admin. Course for Effectiveness, CSC, pp. 16-17). Commutation of salary. Commutation applied for by an employee during employment when he goes on ordinary leave. [Borromeo v. CSC, GR 96032. July 31, 1991]. Commutation of sentence. 1. The change in the sentence of the court made by the President which consists in reducing the penalty imposed upon the offender. Such substitutes the original penalty. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 323]. 2. The reduction of penalty imposed. Its object is the rehabilitation of the
criminal offender. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 3. The reduction of a sentence, as from death to life imprisonment. [Glossary of Legal Terms (Pro-Se), 2004]. Company. 1. A corporation, a registered partnership, or an association lawfully transacting business in the Philippines. [Sec. 3, RA 2629]. 2. A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. [Duhaime's Legal Dict., 2004]. Also known as a Corporation. Company goodwill. The product of a corporate entity’s reputation in the business community brought about by the investment and efforts of its stockholders and officers. [Moreno’s Law Dict., 2000 Ed., pp. 85-85]. See also Business goodwill and Goodwill. Company union. Any labor organization whose formation, function or administration has been assisted by any act defined
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
199 as unfair labor practice by the Labor Code. [Art. 212, LC]. Comparative fault. A rule in maritime law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault. See also Proportionate fault. Comparative negligence. 1. A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage. [Duhaime's Legal Dict., 2004]. 2. The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery. [Glossary of Legal Terms (Pro-Se), 2004]. Compendious substitution. The substitution of one person for two or more heirs. [Art. 860, CC].
Compensable disease. Any illness accepted and listed by the Employees' Compensation Com-mission (ECC) or any illness caused by the employment subject to proof by the employee that the risk of contracting the same was increased by the working conditions. [Rodriguez v. ECC, GR 46454. Sep. 28, 1989]. Compensable illness. It may be: a) any illness definitely accepted as an occupational disease listed by the Employees’ Compensation Commission, or b) any illness caused by employment, subject to proof that the risk of contracting the same is increased by working conditions. [Sierra v. GSIS, GR 50954. Feb. 8, 1989, citing PD 626]. Compensable injury. Any harmful change in the human organism from any accident arising out of and in the course of the employment. [Honoguin v. ECC, GR 84307. Apr. 17, 1989, citing Art. 167 (k), LC]. Compensable sickness. Any illness definitely accepted as an occupational disease. Any illness caused by employment subject to proof by the employee that the risk of contracting the same is increased by working
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
200 conditions. [Moreno’s Dict., 2000 Ed., p. 85].
Law
are creditors and debtors of each other. [Art. 1278, CC].
Compensable taking. There is compensable taking when the following conditions concur: (a) the expropriator must enter a private property; (b) the entry must be for more than a momentary period; (c) the entry must be under warrant or color of legal authority; (d) the property must be devoted to public use or otherwise informally appropriated or injuriously affected; and (e) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property. [Assoc. of Small Landowners in the Phil. v. Sec. of Agrarian Reform, GR 78742. July 14, 1989].
Compensation. Civ. Law. It takes place when two persons, in their own right, are creditors and debtors of each other. [Art. 1278, CC].
Compensatio morae. Lat. Delay committed by both parties in reciprocal obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Compensation. 1. Labor. The basic pay or salary received by an employee, pursuant to his employment or appointment, excluding per diems, bonuses, overtime pay, and allowances. [Sec. 2, PD 1146]. 2. Civ. Law. It takes place when two persons, in their own right,
Compensation. Civ. Law. Kinds: (a) Total when both obligations are of the same amount and are entirely extinguished; (b) partial when the two obligations are of different amounts and the two obligations will be extinguished only as to the concurrent amounts; (c) legal when it takes place by operation of law even without the knowledge of the parties; (d) voluntary when it takes place by agreement of the parties; and (e) judicial when it takes place by order of court in a litigation. [Diaz, Bus. Law Rev., 1991 Ed., p. 52]. Compensation. Civ. Law. Requisites: In order that compensation may be proper, it is necessary (a) that each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (b) that both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (c) that the two
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
201 debts be due; (d) that they be liquidated and demandable; (e) that over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. [Art. 1279, CC]. Compensation and Position Classification Act of 1989. RA 6758 entitled “An Act prescribing a revised compensation and position classification system in the government and for other purposes” enacted on Aug. 21, 1989. Also known as Salary Standardization Act. Compensation or pay system. A system for determining rates of pay for positions and employees based on equitable principles to be applied uniformly to similar cases. It consists, among others, of the Salary and Wage Schedules for all positions, and the rules and regulations for its administration. [Sec. 3, PD 985]. Compensatory damages. A definite sum of money awarded to the plaintiff by a court as fair and just recompense for injury sustained to a person, property or even reputation. [Torres, Oblig. & Cont., 2000
Ed., p. 347]. 2. Money to be paid for the cost of the injury suffered. [Intl. Law Dict. & Direct., 2004]. See Actual damages. Compensatory interest. Interest as damages for delay in payment (from date of demand to date of payment). [Reins. Co. of the Orient, Inc. v. CA, GR L61250. June 3, 1991]. Compare with Monetary interest. Competency. A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers. [Jurist’s Legal Dict., 2004]. Competent evidence. Evidence not excluded by law in a particular case. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 6]. Competition. A struggle for advantage between two or more forces, each possessing, in substantially similar if not identical degree, certain characteristics essential to the business sought. It means an independent endeavor of two or more persons to obtain the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
202 business patronage of a third by offering more advantageous terms as an inducement to secure trade. The test must be whether the business does in fact compete, not whether it is capable of an indirect and highly unsubstantial duplication of an isolated or non characteristic activity. [Gokongwei v. SEC, GR L45911. Apr. 11, 1979]. Competitive advantage. Competitive edge in terms of product quality and/or price. It likewise refers to the ability to produce a product with the greatest relative efficiency in the use of resources. [Sec. 4, RA 8435]. Competitive bidding. A method of procurement which is open to participation by any interested party and which consist of the following processes: advertisement, pre-bid conference, eligibility screening of bids, evaluations of bids, postqualification, and award of contract, the specific requirements and mechanics of which shall be defined in the IRR to be promulgated under RA 9184. [Sec. 5, RA 9184]. Complainant. The party who complains or sues; one who applies to the court for legal
redress. [Glossary of Legal Terms (Pro-Se), 2004]. Complaint. Rem. Law. 1. A concise statement of the ultimate facts constituting the plaintiff's cause or causes of action. It shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable. The names and residences of the parties plaintiff and defendant must be stated in the complaint. [Sec. 3, Rule 6, RoC]. Crim Proc. 2. A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. [Sec. 3, Rule 110, RoC]. Complementary food. Any food, whether manufactured or locally prepared, suitable as a complement to breastmilk or to infant formula, when either becomes insufficient to satisfy the nutritional requirements of the infant. Such food is also commonly called weaning food or breastmilk supplement. [Sec.4, EO 51, Oct. 20, 1986]. Complete. Having all needed parts, elements or details. Thoroughly wrought out or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
203 finished. [Moreno’s Dict., 2000 Ed., p. 86].
Law
Complete appointment. Admin. Law. Appointment (which) becomes complete when the last act required of the appointing power is performed. [Lira v. CSC, GR L-62133. Sep. 30, 1986]. Completeness of service. Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever date is earlier. [Sec. 10, Rule 13, RoC]. Completeness test. The test to determine whether or not there is a valid delegation of legislative power under which the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate the only thing he will have to do is enforce it. [Eastern Shipping Lines, Inc. v. POEA, GR L-76633. Oct. 18, 1988]. Compare with Sufficient standard test.
Complex crime. The crime that results (a) when a single act constitutes two or more grave or less grave felonies, or (b) when an offense is a necessary means for committing the other. [People v. Carandang, GR L31012. Aug. 15, 1973, citing Art. 48, RPC]. Complex crime proper. Also Delito complejo. An offense which is a necessary means for committing the other. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 235, citing People v. Pineda, GR L-26222. July 21, 1967]. Compare with Compound crime. Complex penalty. A penalty prescribed by law composed of three distinct penalties each forming a period, the lightest of which shall be the minimum, the next shall be the medium, and the most severe, the maximum. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 284]. Complex subdivision plan. A subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan. [Sec. 2, PD 957]. Complicated cataract. A cataract caused by disease of the uveal tract, pigmentary retinal
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
204 degeneration, absolute glaucoma, retinal detachment and old injuries. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982].
more grave or less grave felonies. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 235]. Compare with Complex crime proper.
Complimentary list. A list of alternative drugs used when there is no response to the core essential drug or when there is a hypersensitivity reaction to the core essential drug or when, for one reason or another, the core essential drug cannot be given. [Sec. 3, RA 6675].
Compounder. Every person who, without rectifying, purifying or refining distilled spirits shall, by mixing such spirits, wine, or other liquor with any materials except water, manufacture any intoxicating beverage whatever. [Sec. 1, PD 426].
Composicion con el estado. Sp. Title or adjustment title. [Dir. of Forestry v. Muñoz, GR L-25459. June 28, 1968]. Composite state. It consists of two or more states, each with its own separate government but bound under one central authority exercising to a greater or less extent control over their external relations and thus forming a separate international person. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. Compare with Simple state. Compos mentis. Lat. Lat. Sound mind. Having use and control of one’s mental faculties. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 150]. Compound crime. Also Delito compuesto. A single act which constitutes two or
Compound interest. Interest upon interest, where accrued interest is added to the principal sum, and the whole treated as a new principal, for the calculation of the interest for the next period. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Simple interest. Compound penalty. An act punishable by two or more penalties, as where the law provides that both fine and imprisonment must be imposed. Thus, the law gives no discretion to impose an alternative or only one penalty. [Moreno’s Law Dict., 2000 Ed., p. 86]. Comprehensive Agrarian Reform Law (CARL). RA 6657 entitled “An Act instituting a Comprehensive Agrarian Reform Program to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
205 promote social justice and industrialization, providing the mechanism for its implementation, and for other purposes” enacted on June 10, 1988. Comprehensive newborn screening system. A newborn screening system that includes, but is not limited to, education of relevant stakeholders; collection and biochemical screening of blood samples taken from newborns; tracking and confirmatory testing to ensure the accuracy of screening results; clinical evaluation and biochemical/medical confirmation of test results; drugs and medical or surgical management and dietary supplementation to address the heritable conditions; and evaluation activities to assess long term outcome, patient compliance and quality assurance. [Sec. 4, RA 9288]. Compromis d’ arbitrage. Intl. Law. An agreement to submit a dispute to an arbitration or judicial settlement. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Compromise. 1. A contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to
one already commenced. [Art. 2028, CC]. 2. An agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their difficulties by mutual consent in the manner which they agree on, and which everyone of them prefers to the hope of gaining, balanced by the danger of losing. [David v. CA, 214 SCRA 644, 650 (1992) citing Rovero v. Amparo, 91 Phil. 228, 235(1952); Arcenas v. Cinco, 74 SCRA 118, 123 (1976)]. Compulsion of irresistible force. Such force exerted that reduced a person to a mere instrument who acted not only without will but against his will. The compulsion must be of such character as to leave the accused no opportunity for self-defense in equal combat or for escape. [People v. De Los Reyes, GR 44112. Oct. 22, 1992]. Compulsory. Obligatory. [Moreno’s Law Dict., 2000 Ed., p. 87]. Compulsory arbitration. A system whereby the parties to a dispute are compelled by the government to forego their right to strike and are compelled to accept the resolution of their dispute through arbitration by a third
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
206 party. [Luzon Devt. Bank v. Assoc. of Luzon Devt. Bank Employees, GR 120319. Oct. 6, 1995, citing Seide, A Dict. of Arbit. (1970)]. Compare with Voluntary arbitration. Compulsory counterclaim. 1. A counterclaim which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount. [Sec. 7, Rule 6, RoC]. 2. A counterclaim which arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party's claim, does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction, and the court has jurisdiction to entertain the claim. [Co v. CA, GR
93687. May 6, 1991]. Compare with Permissive counterclaim. Compulsory counterclaim. Requisites: (a) It arises out of, or is necessarily connected with, the transaction or occurrence which is the subject matter of the opposing party's claim; (b) it does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction; and (c) the court has jurisdiction to entertain the claim. [Javier v. IAC, 171 SCRA 605 (1989)]. Compare with Permissive counterclaim. Compulsory heirs. Also Forced heirs. The following are compulsory heirs: (a) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (b) in default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) the widow or widower; (d) illegitimate children. [Art. 887, CC, as amended by FC]. Compulsory HIV testing. HIV testing imposed upon a person attended or characterized by the lack of or vitiated consent, use of physical force, intimidation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
207 or any form of compulsion. [Sec. 4, RA 8504]. Compulsory joinder of indispensable parties. The joinder, either as plaintiffs or defendants, of parties in interest without whom no final determination can be had of an action. [Sec. 7, Rule 3, RoC]. Compulsory motor vehicle liability insurance. 1. A species of compulsory insurance which provides for protection coverage that will answer for legal liability for losses and damages that may be sustained by another arising from the use and operation of motor vehicle by its owner. [Sec. 373, IC, as amended by PD 1455 and 1814]. 2. It is primarily intended to provide compensation for the death or bodily injuries suffered by innocent third parties or passengers as a result of a negligent operation and use of motor vehicles. The victims and/or their defendants are assured of immediate financial assistance, regardless of the financial capacity of motor vehicle owners. [Shafer v. RTC of Olongapo City, GR 78848. Nov. 14, 1988]. Also Third party liability or TPL. Compulsory pilotage. Mar. Law. A marine rule that no
ship or vessel can come in or go out of a pier unless it is commanded by a pilot. [Moreno’s Law Dict., 2000 Ed., p. 88]. Compulsory recognition of natural children. Sometimes also called Judicial recognition. Recognition decreed by final judgment of a competent court. It is governed by Art. 283 and 284 (of the Civil Code), setting forth the cases in which the father or mother, respectively, is obliged to recognize a natural child, and Art. 285, providing that generally, the action for recognition of natural children may be brought only during the lifetime of the presumed parents. [Gapusan-Chua v. CA, GR 46746. Mar. 15, 1990]. Compare with Voluntary recognition. of natural children. Computer. Any device or apparatus singly or interconnected which, by electronic, electromechanical, optical and/or magnetic impulse, or other means with the same function, can receive, record, transmit, store, process, correlate, analyze, projects, retrieve, and/or produce information, data, text, graphics, figures, voice, video, symbols or other modes of expression or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
208 perform any one or more of these functions. [Sec. 5, RA 8792]. Computerized election system. A system using electronic devices to count and canvass votes. [Sec. 2, RA 8046]. Computer set. A set of equipment containing regular components, i.e., monitor, CPU, keyboard and printer. [Sec. 2, RA 8436; Sec. 2, RA 8046]. Con animo de lucro. Sp. With intent to gain. [US v. Alabot, GR 13052. Oct. 4, 1918]. Conation or disorders of volition. Legal Med. An uncontrollable and irresistible command to do or not to do something. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Concealment. Ins. A neglect to communicate that which a party knows and ought to communicate. [Sec. 26, IC]. Concealment. Ins. Requisites: (a) A party knows a fact which he neglects to communicate or disclose to the other; (b) such party concealing is duty bound to disclose such fact to the other; (c) such party concealing makes no warranty as to the fact
concealed; and (d) the other party has not the means of ascertaining the fact concealed. [Claridades, A., Compilation of Notes, 20012006]. Concerted activity. Labor. A joint undertaking of workers designed to secure better terms and conditions of employment through the machinery of collective bargaining and negotiations for their mutual benefit and protection. [Poquiz, Labor Rel. Law, 1999 Ed. p. 237]. Concession. Synonymous with Alienation and Disposition. Any of the methods authorized by this Act for the acquisition, lease, use, or benefit of the lands of the public domain other than timber or mineral lands. [Sec. 10, CA 141, as amended]. Concessionaire. The person to whom a concession has been granted or awarded under the provision of PD 1219. [Sec. 3, PD 1219]. Concession contract. The award by the government to a qualified private entity of the responsibility for financing, operating, expanding, maintaining and managing specific government-owned assets. [Sec. 4, RA 9136].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
209 Concession especial. Sp. Special grant. [Dir. of Forestry v. Muñoz, GR L25459. June 28, 1968]. Concession theory. The theory espousing that a corporation, as known to Philippine jurisprudence, is a creature without any existence until it has received the imprimatur of the state acting according to law, through the SEC. [Tayag v. Benguet Consolidated, GR L-23145. Nov. 29, 1968]. Conciliation. From Lat. conciliare: to call or bring together. 1. A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but is may be less formal. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The process by which an impartial third party makes an independent investigation and suggests a solution to a dispute. [Intl. Law Dict. & Direct., 2004]. Conclusion of law. A proposition not arrived at by any process of natural reasoning from a fact or combination of facts stated but by the application of the
artificial rules of law to the facts pleaded [Siquian v. People, GR 82197. Mar. 13, 1989, citing Levins v. Rovegno, 71 Cal. 273, 12 p. 161; Black's Law Dict., p. 362]. Conclusive evidence. Evidence which is incontrovertible or one which the law does not allow to be contradicted. [Claridades, A., Compilation of Notes, 20012006]. Compare with Prima facie evidence. Conclusiveness of judgment. Rem. Law. 1. A fact or question which was in issue in a former suit and was there judicially passed upon and determined by a court of competent jurisdiction, is conclusively settled by the judgment therein as far as the parties to that action and persons in privity with them are concerned and cannot be again litigated in any future action between such parties or their privies, in the same court or any other court of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by proper authority. [Calalang v. Register of Deeds of Quezon City, 231 SCRA 88, 99-100]. 2. It is governed by Rule 39, Sec. 47(c) of the Rules of Court. [Kilosbayan v. Morato,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
210 GR 118910. July 17, 1995]. Also Collateral estoppel or Preclusion of issues. Conclusive presumption. Evid. A presumption where no contrary evidence is admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9]. Also Presumption juris et de jure. Compare with Disputable presumption. Conclusive testimony. Evid. Generally, testimony which stands uncontradicted. [Moreno’s Law Dict., 2000 Ed., p. 89]. Concordat. Intl. Law. An agreement by the Pope with heads of States on ecclesiastical affairs. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Concubinage. Crim. Law. The felony committed by any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place. [Art. 334, RPC]. Concubine. A mistress or women who lives or cohabits with a man as though he were her husband. [De Leon v. Villanueva, GR 27738. Mar. 13, 1928, citing Dict. of
the Royal Spanish Academy, 15 Ed., 1925]. Concurrent jurisdiction. The jurisdiction of two or more courts, each authorized to deal with the same subject matter. [Jurist’s Legal Dict., 2004]. Concurrent proximate cause theory. Ins. Where two (2) proximate causes concurred in causing an injury, one of which is insured against, the insurer is liable under the policy irrespective of the eventuality that there is another concurrent or proximate cause which constitutes an uncovered risk. [Claridades, A., Compilation of Notes, 20012006]. Concurrent Resolution. A Resolution passed by both chambers of the legislature. [Suarez, Stat. Con., (1993), p. 59]. Concurring opinion. An opinion that agrees with the result of the majority opinion, but disagrees with some aspect of the reasoning used to reach that result. [Intl. Law Dict. & Direct., 2004]. Compare with Dissenting opinion. Concurso de delitos. See Plurality of crimes.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
211 Concurso ideal. See Ideal plurality. Concurso real. plurality.
See
Real
Condemnation. 1. The act of destroying valueless supplies or property by burning, pounding, throwing beyond recovery, or the like. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. The legal process by which the government takes private land for public use, paying the owners a fair price. [Glossary of Legal Terms (Pro-Se), 2004]. See Eminent domain. Condition. 1. A future and uncertain event, or a past event unknown to the parties, upon the happening of which depends the fulfillment or extinguishments of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A future and uncertain fact or event upon the fulfillment of which a juridical act is made to depend. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 209, citing Manresa, 7th Ed., p. 226]. Conditional indorsement. Nego. Inst. An indorsement that is conditional and which allows the party required to pay the instrument to disregard the condition and
make payment to the indorsee or his transferee whether the condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally. [Sec. 39, NIL]. Conditional judgment. Rem. Law. A judgment which contains no disposition at all and is a mere anticipated statement of what the court shall do in the future when a particular event should happen. [Co Unjieng E Hijos, v. Mabalacat Sugar Co., GR 45351. June 29, 1940]. Conditionally or qualifiedly privileged communication. One where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of making a communication to a certain other person to whom he makes such communication in the performance of such duty, or where the person is so situated that it becomes right in the interest of society that he should tell third persons certain facts, which he in good faith proceeds to do. [Sison v. David, GR L-11268. Jan. 28, 1961, citing 33 Am. Jur. pp. 123- 125]. Compare with
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
212 Absolutely privileged communication. Conditional obligation. An obligation the performance or extinguishment of which depends upon a future or uncertain event, or upon a past event unknown to the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. Compare with Pure obligation. Conditional pardon. A pardon that is in the nature of a contract between the sovereign power or the Chief Executive and the convicted criminal to the effect that the former will release the latter subject to the condition that if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the unexpired portion of the sentence or an additional one. [Alvarez v. Director of Prisons, 80 Phil. 50]. Compare with Absolute pardon. Conditional release. A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked. [Jurist’s Legal Dict., 2004]. Conditional sales. An agreement relating to the sale of goods or things the
acquisition of which depends upon an uncertain event. [Moreno’s Law Dict., 2000 Ed., p. 89]. Condition captatoria. Succ. The condition upon which any disposition is made to the effect that the heir shall make some provision in his will in favor of the testator or of any other person. Such disposition shall be void. [Art. 875, CC]. Condition precedent. A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. [Duhaime's Legal Dict., 2004]. Compare with Condition subsequent. Condition subsequent. A condition in a contract that causes the contract to become invalid if a certain event occurs. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. [Duhaime's Legal Dict., 2004]. Compare with Condition precedent. Conditions. Kinds: (a) suspensive condition (condition precedent) or one which suspends the demandability of the obligation until the happening of the event; (b) resolutely condition
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
213 (condition subsequent) or one the happening of which will extinguish the obligation; (c) potestative condition or one which depends upon the will of the debtor; (d) casual or a condition which depends upon chance; (e) mixed condition which depends partly upon chance and partly upon the will of a third person; and (f) impossible condition which is not capable of fulfillment, legally or physically. [Diaz, Bus. Law Rev., 1991 Ed., p. 10-11]. Condominium. 1. A building with one or more storeys composed of multi-unit residential suites under joint ownership of occupants, each unit provided with complete sanitary facilities, utilities and other amenities. [Sec. 63, PD 856]. 2. An interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. [Sec. 2, RA 4726]. Condominium Act, The. RA 4726 entitled “An Act to define Condominium, establish requirements for its creation, and govern its
incidents” enacted on June 18, 1966. Condominium corporation. A corporation, stock or nonstock, organized by owners of definite portions of a building for the effective maintenance thereof. [Diaz, Bus. Law Rev., 1991 Ed., p. 248]. Condominium project. The entire parcel of real property divided or to be divided primarily for residential purposes into condominium units, including all structures thereon. [Sec. 2, PD 957]. Condominium unit. A part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part of parts of floors) in a building or buildings and such accessories as may be appended thereto. [Sec. 2, PD 957]. Condonation. Also Remission. An act of liberality by which the creditor without receiving anything renounces the fulfillment of the obligation which, in consequences thereof, is extinguished either totally or partially. It is a form of donation. [Diaz, Bus. Law Rev., 1991 Ed., p. 48].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
214 Condonation. Also Remission. Kinds: (a) Complete or total when the entire obligation is extinguished; (b) partial when only part of the obligation is extinguished; (c) express when it is made either verbally or in writing; (d) implied when it can only be inferred form the conduct; (e) inter vivos when it takes effect during the lifetime of the donor; or (f) mortis causa when it takes effect upon the death of the donor and complies with the formalities of a will and testament. [Diaz, Bus. Law Rev., 1991 Ed., p. 49-50]. Condonation. Also Remission. Requisites: (a) It must be gratuitous; (b) it must be accepted by the obligor; (c) it must not be an inofficious donation; (d) the obligation must be demandable at the time of the remission; and (e) if expressly made, it must comply with the forms of donation. [Diaz, Bus. Law Rev., 1991 Ed., p. 48, citing Art. 1270, CC]. Condone. To remit or forgive a debt without expecting any equivalent or compensation therefor. [Moreno’s Law Dict., 2000 Ed., p. 90]. Conduct. 1. Legal Ethics. As used in (Rule 1.01 of the
Code of Professional Responsibility), (the term) is not limited to conduct exhibited in connection with the performance of professional duties. [Lizaso v. Amante, Adm. Case 2019. June 3, 1991]. 2. Civ. Law. When applied to equitable estoppel, the term embraces not only ideas conveyed by words written or spoken and things actually done but also the silence of such person and his omission. [Moreno’s Law Dict., 2000 Ed., p. 90]. Conduct unbecoming a police officer. Any behavior or action of a Philippine National Police (PNP) member, irrespective of rank, done in his official capacity, which, in dishonoring or otherwise disgracing himself as a PNP member, seriously compromises his character and standing as a gentleman in such a manner as to indicate his vitiated or corrupt state of moral character. It may also refer to acts or behavior of any PNP member in an official or private capacity which, in dishonoring or disgracing himself personally as a gentleman, seriously compromises his position as a PNP member and exhibits himself as morally unworthy to remain as a member of the organization. [Moreno’s Law Dict., 2000 Ed., p. 90].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
215 Confederation. Intl. Law. An organization of states which retain their internal sovereignty and, to some extent, their external sovereignty, while delegating to the collective body the power to represent them as a whole for certain limited and specified purposes, such as common defense. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 13]. Conference committee. Also Bicameral conference committee. Two committees, one appointed by each house. It is normally appointed for a specific bill and its function is to gain accord between the two houses either by the recession of one house from its bill or its amendments or by the further amendment of the existing legislation or by the substitution of an entirely new bill. Obviously, the conference committee is always a special committee which considered it together with such other representatives of the house as seem expedient. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994, citing Sutherland, Statutes and Stat. Con., Vol. 1, 4th Ed., p.p. 293-294]. Conference rules. Mar. Law. Rules agreed by and among ship owners and ship
operators and are, therefore, not binding on third persons unless agreed upon in a bill of lading or charter party. [Moreno’s Law Dict., 2000 Ed., p. 90]. Confession. 1. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, which may be given in evidence against him. [Sec. 33, Rule 130, RoC]. 2. An acknowledgment of guilt of the crime charged or of the facts which constitute the crime; but it is an admission and not a confession if the facts acknowledged raise an inference of guilt only when considered with other facts. [People v. Lorenzo, GR 110107. Jan. 26, 1995, citing 2 Underhill's Crim. Evidence § 385 (5th Ed. 1956)]. Compare with Admission. Confession. Requisites for admissibility: (a) It must be voluntary; (b) it must be made with the assistance of competent and independent counsel; (c) it ust be express, and (d) it must be in writing. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 42, citing People v. Janson, GR 125938, Apr. 4, 2003]. Confession Judgment
of judgment. where the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
216 defendant, instead of entering a plea, confesses action or withdraws his plea and confesses action. Judgment where a defendant gives the plaintiff a cognovit or written confession of the action by virtue of which the plaintiff enters judgment. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 436].
for purposes of considering, conducting, participating, initiating, continuing of reconvening mediation or retaining a mediator; and (c) pleadings, motions manifestations, witness statements, reports filed or submitted in an arbitration or for expert evaluation. [Sec. 3, RA 9285].
Confidential employee. Admin. and Labor Laws. One entrusted with confidence on delicate matters, or with the custody, handling, or care and protection of the employer's property. [Panday v. NLRC, GR 67664, 20 May 1992, 209 SCRA 122].
Confidential relation. The relation which exists, under Art. 1339 of the Civil Code, between guardian and ward, insurer and insured, and agent and principal. [Moreno’s Law Dict., 2000 Ed., p. 91].
Confidential information. Any information, relative to the subject of mediation or arbitration, expressly intended by the source not to be disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source that the information shall not be disclosed. It shall include: (a) communication, oral or written, made in a dispute resolution proceedings, including any memoranda, notes or work product of the neutral party or non-party participant, as defined in RA 9285; (b) an oral or written statement made or which occurs during mediation or
Confinement. A state of being admitted in a hospital or medical clinic for medical observation, diagnosis, testing, and treatment consistent with the capability and available facilities of the hospital or clinic. [Sec. 2, RA 8344]. Confirmatory test. An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. [Sec 3, RA 9165]. Confirmed letter of credit. The kind of obligation assumed by the correspondent bank. In this
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
217 case, the correspondent bank gives an absolute assurance of the beneficiary that it will undertake the issuing bank's obligation as its own according to the terms and conditions of the credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991, citing Agbayani, Comml. Laws of the Phil., Vol. 1, pp. 81-83]. Irrevocable credit. Confirming bank. A correspondent bank (which) assumes a direct obligation to the seller and its liability is a primary one as if the correspondent bank itself had issued the letter of credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991, citing Agbayani, Comml. Laws of the Phils., Vol. 1, p. 77]. Conflict of interest. Admin. Law. The conflict that arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. [Sec. 3, RA 6713].
Conflict of laws. Also known as Private international law. 1. A situation (which) arises only when: (a) there is a dispute over the title or ownership of an immovable, such that the capacity to take and transfer immovables, the formalities of conveyance, the essential validity and effect of the transfer, or the interpretation and effect of a conveyance, are to be determined; and (b) a foreign law on land ownership and its conveyance is asserted to conflict with a domestic law on the same matters. Hence, the need to determine which law should apply. [Laurel v. Garcia, GR 92013. July 25, 1990, citing Salonga, Private Intl. Law, 1981 Ed., pp. 377383]. 2. A term first coined by Joseph Story in his 1st Ed., 1834 of that name. There are three classic categories of conflicts: (a) choice of law; (b) choice of jurisdiction, and (c) recognition and enforcement of foreign judgments. [Tetley, Glossary of Conflict of Laws, 2004]. Confusion. The mixture of liquids, belonging to different owners. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 99]. Confusion. Also Merger. 1. It takes place when the characters of creditor and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
218 debtor are merged in the same person with respect to the same obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 50-51]. 2. The meeting in one person of the qualities of obligee and obligor with respect to the same obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 139, citing 4 Sanchez Roman, p. 421]. Confusion. Also Merger. Requisites: (a) It must be between the principal debtor and creditor; and (b) it must be complete. [Diaz, Bus. Law Rev., 1991 Ed., p. 51]. Congenital cataract. A kind of cataract the most common cause of which is heredity. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Congestive heart failure. A clinical syndrome which develops eventually in 5060% of all patients with organic cardiovascular disease. It is defined as the clinical state resulting from inability of the heart to expel sufficient blood for the metabolic demands of the body. [Panangui v. ECC, GR L-56259. Mar. 18, 1983]. Congressional veto. A means whereby the legislature can block or modify administrative action taken under a statute. It is a form of legislative control in
the implementation of particular executive actions. The form may be either negative, that is requiring disapproval of the executive action, or affirmative, requiring approval of the executive action. This device represents a significant attempt by Congress to move from oversight of the executive to shared administration. [Phil. Const. Assoc. v. Enriquez, citing Dixon, The Congressional Veto and Separation of Powers: The Executive on a Leash, 56 North Carolina Law Review, 423 (1978)]. Conjugal. To appertain to the marriage state. [Moreno’s Law Dict., 2000 Ed., p. 92]. Conjugal partnership of gains. The regime under which the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. [Art. 106, FC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
219 Conjugal partnership property. The following are conjugal partnership properties: (a) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (b) those obtained from the labor, industry, work or profession of either or both of the spouses; (c) the fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse; (d) the share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found; (e) those acquired through occupation such as fishing or hunting; (f) livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and (g) those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse. [Art. 117, FC]. Conjunction or adjunction. The union of two things belonging to different owners, in such a manner
that they cannot be separated without injury, thereby forming a single object. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 98]. Connecting factors or contacts. In the conflict of law, connecting factors, or contacts, are facts which tend to connect a transaction or occurrence with a particular law or jurisdiction (e.g. the domicile, residence, nationality or place of incorporation of the parties; the place(s) of conclusion or performance of the contract; the place(s) where the tort or delict was committed or where its harm was felt; the flag or country of registry of the ship; the ship owner’s base of operations, etc.). Connecting factors are taken into consideration and weighed by courts and arbitrators, in determining the proper law to apply to decide the case or dispute. [Tetley, Glossary of Conflict of Laws, 2004]. Connivance (with the prisoner). Under Art. 223 of the Rev. Penal Code, an agreement between the prisoner and the public officer in his custody or charge to his escape. [Moreno’s Law Dict., 2000 Ed., p. 93].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
220 Conniving with or consenting to evasion. Crim. Law. The felony committed by any public officer who shall consent to the escape of a prisoner in his custody or charge. [Art. 223, RPC]. Conquest. Intl. Law. 1. The mode of acquisition of land territory which is no longer recognized, inasmuch as the UN Charter prohibits resort to threat or use of force against the territorial integrity or political independence of any state. [Sandoval, Pol. Law Reviewer 2003]. 2. The acquisition of territory by force. [Intl. Law Dict. & Direct., 2004]. Consanguinity. Kinship; blood relationship; the connection or relation of persons descended from the same stock or common ancestor. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 305]. Compare with Affinity. Consciente waiver. The voluntary waiver by the vendee of his right to warranty in case of eviction without the knowledge and assumption of the risks of eviction. [Diaz, Bus. Law Rev., 1991 Ed., p. 135]. Consensual contracts. Contracts that are perfected by mere consent, and from
that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law. [Art. 1315, CC]. Compare with Real contracts. Consensus. 1. A result achieved through negotiation whereby a hybrid solution is arrived at between parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement. [Duhaime's Legal Dict., 2004]. 2. The making of a decisions by general agreement and in the absence of any voiced objection. [Intl. Law Dict. & Direct., 2004]. Consent. 1. This is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer. [Art. 1319, CC]. 2. Agreement; voluntary
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
221 acceptance of the wish of another. [Glossary of Legal Terms (Pro-Se), 2004]. Consented abduction. The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs. [Art. 343, RPC]. Compare with Forcible abduction. Consented abduction. Elements: (a) the offended party is a virgin, (b) she must be over twelve (12) and under eighteen (18) years of age, (c) the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender, and, (d) the taking away of the offended party must be with lewd designs. [Perez v. CA, GR L-80838. Nov. 29, 1988]. Compare with Qualified seduction. Consent election. Labor. 1. The election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. An agreed election, its purpose being merely to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit.
[Warren Manufacturing Workers Union v. BLR, GR L76185. Mar. 30, 1988]. Compare with Certification election. Consent judgment. A judgment based on an agreement and which may only be rendered when the parties on both sides ask for it. [Moreno’s Law Dict., 2000 Ed., p. 93]. Conservation. 1. Preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat. [Sec. 5, RA 9147]. 2. The complete preservation or limited harvesting of coral resources in such a way as not to adversely affect the sustained productivity of marine eco systems. [Sec. 3, PD 1219]. 3. The wise use and optimum utilization of mineral resources. [Sec. 4, DENR Admin. Order 95-23]. Conservatorship. Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. [Glossary of Legal Terms (Pro-Se), 2004]. See also Guardianship. Consideration. 1. Some right, interest, benefit, or advantage conferred upon the promissor, to which he is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
222 otherwise not lawfully entitled, or any detriment, prejudice, loss, or disadvantage suffered or undertaken by the promisee other than to such as he is at the time of consent bound to suffer. [Gabriel v. Monte de Piedad, 71 Phil. 497 (1941)]. 2. The “why” of the contracts, the essential reason which moves the contracting parties to enter into the contract. [Gonzales v. Trinidad, 67 Phil. 682]. Consign. To leave an item of property in the custody of another. [Duhaime's Legal Dict., 2004]. Consignacion. Sp. A fish broker. [Moreno’s Law Dict., 2000 Ed., p. 94]. Consignation. The act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment and it generally requires a prior tender of payment. [Limkako v. Teodoro, 74 Phil. 313]. Consignation. Requisites: (a) That there was a debt due; (b) that the consignation of the obligation had been made because the creditor to whom tender of payment was made refused to accept it, or because he was absent or incapacitated, or because
several persons claimed to be entitled to receive the amount due [Art. 1176, CC]; (c) that previous notice of the consignation had been given to the person interested in the performance of the obligation [Art. 1177, CC]; (d) that the amount due was placed at the disposal of the court (Art. 1178, CC]; and (e) that after the consignation had been made the person interested was notified thereof (Art. 1178, CC]. Failure in any of these requirements is enough ground to render a consignation ineffective [Ponce de Leon v. Santiago Syjuco., 90 Phil. 311]. Consigned abroad. Synonymous with the term "enviado al extranjero" found in the Spanish version and signifies "sent or shipped abroad." [Sec. 1459, Act 2711]. Consignment. An arrangement whereby the goods are sent by one to another to be sold and disposed by the latter for and on account of the former. [Ongkiko v. CA, GR L-48777. Sep. 24, 1987, citing Bouvier's Law Dict., 3rd Ed., Vol. 1]. Consignment for sale. A contract which creates the relationship of principal and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
223 agent whereby title to the merchandise is retained by the principal who, however, authorizes the agent to sell the merchandise for him and to effectively transfer title thereto in favor of the purchaser. Usually, the principal fixes the price at which the goods are to be sold by the agent who, for his part, has the right to return the merchandise if he cannot sell it at the desired price. Likewise the principal has the right to demand the return of the merchandise at any time before it is sold. [Moreno’s Law Dict., 2000 Ed., p. 95]. Consolidation. Corp. Law. 1. The combination or union of two or more companies that results in the termination and dissolution of the corporate existence of all constituent companies and the formation of a new company. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. 2. When two companies join to become parts of a new company. [Intl. Law Dict. & Direct., 2004]. Compare with Merger. Conspiracy. Crim. Law. 1. It exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. [Art. 8,
RPC]. 2. The common design to commit a felony. It is not participation in all the details of the execution of the crime. All those who in one way or another helped and cooperated in the consummation of the crime are considered as coprincipals. [Venturina v. Sandiganbayan, GR 78038. Jan. 18, 1991]. Conspiracy. Crim. Law. Elements: To constitute conspiracy, there must be intentional participation in the transaction with a view to the furtherance of the common design and purpose. There must be unity of purpose and unity in the execution of the unlawful objective. Mere knowledge, acquiescence or approval of the act, without cooperation or agreement to cooperate, is enough. [People v. Macatana, GR L-57061. May 9, 1988]. Constancia autentica. Sp. Authentic notice. [Claridades, A., Compilation of Notes, 2001-2006]. Constituent function. Also Governmental function. Pol. Law. A function of government which involves the exercise of sovereignty and considered as compulsory. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
224 Compare with Proprietary or Ministrant function. Constituent governmental functions. Pol. Law. The term constitutes the very bonds of society and are compulsory in nature. President Wilson enumerated the constituent functions as follows: (a) the keeping of order and providing for the protection of persons and property from violence and robbery; (b) the fixing of the legal relations between man and wife and between parents and children; (c) the regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt or crime; (d) the determination of contract rights between individuals; (e) the definition and punishment of crimes; (f) the administration of justice in civil cases; (g) the determination of the political duties, privileges, and relations of citizens; (h) dealings of the state with foreign powers, the preservation of the state from external danger or encroachment and the advancement of its international interests. [SSS Employees Assoc. v. Soriano, GR L-18081. Apr. 30, 1963]. Compare with Ministrant governmental functions.
Constituent legislative power. Pol. Law. The power to amend or revise the Constitution. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 284]. Constitution. 1. A system of fundamental laws for the governance and administration of a nation. It is supreme, imperious, absolute and unalterable except by the authority from which it emanates. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. 2. The fundamental and paramount law of the nation. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997, citing Marbury v. Madison, 5 U.S. 138 (1803)]. 3. That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. [Cruz, Constl. Law, 1998 Ed., p. 3, citing Cooley, Constl. Limitations, p. 4]. Constitutional law. The fundamental law of the land which defines the powers of the government. [Suarez, Stat. Con., (1993), p. 38]. Constitutional supremacy doctrine. The doctrine that if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
225 into by private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is the fundamental paramount and supreme law of the nation, it is deemed written in every statute and contract. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. Constitutional treaty. A treaty adopted according to the constitutional provisions of the ratifying state. [Intl. Law Dict. & Direct., 2004]. Constitution of Liberty. The Bill of Rights. [Homeowners' Assoc. of the Phils., Inc. v. Mun. Board of the City of Manila, GR L-23979. Aug. 30, 1968]. Constitutive doctrine. The legal existence of a state or government is dependent on recognition by other states. [Intl. Law Dict. & Direct., 2004]. Constitutum possessorium, traditio. See Traditio constitutum possessorium. Construction. 1. The art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among
others, by reason of the fact that the given case is not explicitly provided for in the law [Caltex v. Palomar, GR L19650. Sep. 29, 1966, citing Black, Interpretation of Laws, p. 1]. 2. The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or construct the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. [Duhaime's Legal Dict., 2004]. Construction contractor. A natural or juridical person organized and licensed under Philippine laws, who undertakes or offers to undertake, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, remove, move, wreck or demolish any structure, facility, project development or improvement, or to do any part thereof. The term contractor includes general engineering contractor, general building contractor and specialty contractor,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
226 construction management, engineering, and specialized consultancy group. [Sec. 3, PD 1167]. Constructive contempt. Contempt committed out of the presence of the court. The willful disobedience of the lawful process of the court, refusal to obey subpoenas, etc. [Narcida v. Bowen, GR 6694. Mar. 26, 1912]. Compare with Direct contempt. Constructive discharge. A quitting because continued employment is rendered impossible, unreasonable or unlikely; as an offer involving a demotion in rank and a diminution in pay. [Moreno's Phil. Law Dict., 2nd Ed., p. 129, citing the case of Alia v. Salani Una Transportation Co., 39527-R, Jan. 29, 1971]. Constructive dismissal. A quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay. [Lemery Savings and Loan Bank v. NLRC, 205 SCRA 492 (1992)]. Constructive fraud. A breach of legal or equitable duty which, irrespective of the moral guilt of the fraud feasor, the law declares
fraudulent because of its tendency to deceive others, to violate public or private confidence, or to injure public interests. This usually proceeds from a breach of duty arising out of a fiduciary or confidential relationship. [Berico v. CA, GR 96306. Aug. 20, 1993]. Compare with Actual fraud. Constructive or legal delivery. 1. The execution of a sale made through a public instrument which shall be deemed equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred. [Art. 1498, CC]. 2. Delivery which takes place without actual transfer of goods, but includes symbolic delivery or substituted delivery as when the evidence of title to the goods, the key to the warehouse or bill of lading/warehouse receipt is delivered. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993, citing Black's Law Dict. 515516 (4th Ed.)]. Compare with Actual or real delivery. Constructive possession. Holding a valid title to property. The subjection of the thing to one’s control. [Moreno’s Law Dict., 2000 Ed., p. 97]. Compare with Actual possession.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
227 Constructive removal (from the service). Admin. Law. A reassignment that is indefinite and results in a reduction in rank, status and salary. [Bentain v. CA, GR 89452. June 9, 1992]. Constructive service of summons by publication. Service of summons effected, by leave of court, upon the defendant who is designated in any action as an unknown owner, or the like, or upon a defendant whose address is unknown and cannot be ascertained by diligent inquiry, by publication in a newspaper of general circulation and in such places and for such time as the court may order. [Sec. 14, Rule 14, RoC]. Constructive total loss. Mar. Ins. A loss which gives to a person insured a right to abandon, under Sec. 139 of the Ins. Code. [Sec. 132, IC]. Compare with Actual total loss. Constructive tradition. The delivery of movable and immovable things which is not actual or material and is represented by other signs or acts indicative thereof. Its various kinds are: Traditio (or tradicion) simbolica, Tradition longa manu, Tradition brevi manu, and Traditio constitutum possessorium. [Tolentino,
Civil Code of the Phil., Vol. II, Repr. 2001, p. 459-460]. See Real tradition. Constructive trust. Also Trust ex maleficio, Trust ex delicto, Trust de son tort, Involuntary trust, or Implied trust. 1. Trust by operation of law which arises contrary to intention and in invitum, against one who, by fraud, actual or constructive, by duress or abuse of confidence by commission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionable means, or who in any way against equity and good con-science, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy. [Roa v. CA, GR L27294. June 28, 1983]. 2. A remedial device by which the holder of legal title is held to be a trustee for the benefit of another who in good conscience is entitled to the beneficial interest. [Magallon, v. Montejo, GR 73733. Dec. 16, 1986]. Consul. Intl. Law. An officer of a commercial character, appointed by the different nations to watch over the mercantile and tourist interests of the appointing nation and of its subjects in foreign countries. A public official residing in a foreign
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
228 country responsible for developing and protecting the economic interests of his government and looking after the welfare of his government’s citizens who may be traveling or residing within his jurisdiction. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 166]. Consules electi. Intl. Law. Consuls who may or may not be nationals of the sending state and perform their consular functions only in addition to their regular callings. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 89]. Consules missi. Intl. Law. Professional or career consuls who are nationals of the sending state and are required to devote their full time to the discharge of their duties. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 89]. Consul general. Intl. Law. A consular officer of the highest grade. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 166]. Consulta. 1. The act of the Register of Deeds in bringing a matter to the Land Registration Commissioner (now Administrator) when the former is in doubt as to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage, or other
instrument presented to him for registration by the party interested in it. 2. The bringing to the attention of the Land Registration Commissioner (now Administrator), either upon his certification stating the question upon which he is in doubt, or upon the suggestion in writing by the party in interest, a step or act still undone by the register of deeds by reason of his doubt. [Register of Deeds of Manila v. Magdalena Estate, GR L9102. May 22, 1959]. Consultation. The constitutionally mandated process whereby the public, on their own or through people's organizations, is provided an opportunity to be heard and to participate in the decision-making process on matters involving the protection and promotion of its legitimate collective interest, which shall include appropriate documentation and feedback mechanisms. [Sec. 3, RA 7279]. Consulting architect. The architect registered and licensed or permitted to practice under RA 9266, who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
229 of architecture. [Sec. 3, RA 9266]. Consulting services. Services for infrastructure projects and other types of projects or activities of the government requiring adequate external technical and professional experts that are beyond the capability and/or capacity of the government to undertake such as, but not limited to: (I) advisory and review services; (ii) pre investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies. [Sec. 5, RA 9184]. Consumables. 1. Those things whose use according to their nature destroys the substance of the thing or causes their loss to the owner. Food is an example of a consumable thing. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 27, citing 1 Ruggiero 489]. 2. Items for consumption (i.e. for satisfying a personal need rather than for producing goods or services). [Customs Admin. Order 3-95, Dec. 6, 1995]. Consumer. 1. Natural person or organized consumer groups who are purchaser, lessees, recipient, or
prospective purchasers, lessees, recipients of consumer products, services or credit. [Sec. 4, RA 8800]. Consumer Act of the Philippines. RA 7394 entitled “The Consumer Act of the Philippines” enacted on Apr. 13, 1992. Consumer credit. Any credit ex-tended by a creditor to a consumer for the sale or lease of any consumer product or service under which part or all of the price or payment therefor is payable at some future time, whether in full or in installments. [Art. 4, RA 7394]. Consumer goods. Goods which are used or bought for use primarily for personal, family or household purposes. Such goods are not intended for resale or further use in the production of other products. (Goods which by their very nature are ready for consumption.) [Marsman & Co. v. First Coconut Central Co., GR L39841. June 20, 1988, citing Black's Law Dict., 5th Ed.]. Consumer loan. A loan made by the lender to a person which is payable in installments for which a finance charge is or may be imposed. This term includes credit transactions pursuant
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
230 to an open-end-credit plan other than a seller credit card. [Art. 4, RA 7394]. Consumer products and services. Goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices. [Art. 4, RA 7394]. Consumer product safety rule. A consumer product safety standard declaring a consumer product banned hazardous product. [Art. 4, RA 7394]. Consumers cooperative. One the primary purpose of which is to procure and distribute commodities to members and nonmembers. [Art. 23, RA 6938]. Consumer transaction. (a) (i) A sale, lease, assignment, award by chance, or other disposition of consumer products, including chattels that are intended to be affixed to land, or of services, or of any right, title, or interest therein, except securities as defined in the Securities Act and contracts of insurance under the Ins. Code, or (ii) a grant of provision of credit to a consumer for purposes that
are primarily personal, family, house-hold or agricultural, or (b) a solicitation or promotion by a supplier with respect to a transaction referred to in clause (a). [Art. 4, RA 7394]. Consummated contract. A contract that is partially or completely executed. [Moreno’s Law Dict., 2000 Ed., p. 98]. Consummated felony. A felony where all the elements necessary for its execution and accomplishment are present. [Art. 6. RPC]. Consummation. The stage when the parties perform their respective undertakings under the contract culminating in the extinguishment thereof. [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. Compare with Negotiation and Perfection. Contact fire. The phrase implies that the muzzle of the firearm had touched a part of the victim's body. [Austria v. People, GR 83530. Dec. 18, 1990]. Compare with Near contact fire. Contacts. See factors.
Connecting
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
231 Contact tracing. The method of finding and counseling the sexual partner(s) of a person who has been diagnosed as having sexually transmitted disease. [Sec. 4, RA 8496]. Container. 1. Any form of packaging of products for sale as a normal retail unit, including wrappers. [Sec.4, EO 51, Oct. 20, 1986]. 2. Any structure designed to contain, carry and keep articles, materials and products together inside a hold in the form of boxes, tanks, and the like, for singular or unit handling and transport, generally having an internal volume or capacity of not less than one (1) cubic meter. Containers are further defined according to their uses as dry cargo, refrigerated, liquid bulk, platform, open top, solid bulk, ventilated, etc. [Sec. 1, PPA Admin. Order 08-79]. Containerization system. A system devised to facilitate the expeditious and economical loading, carriage and unloading of cargoes. Under this system, the shipper loads his cargoes in a specially designed container, seals the container and delivers it to the carrier for transportation. The carrier does not participate in the counting of the merchandise
for loading into the container, the actual loading thereof nor the sealing of the container. Having no actual knowledge of the kind, quantity or condition of the contents of the container, the carrier issues the corresponding bill of lading based on the declaration of the shipper. Then, the matter of quantity, description and conditions of the cargo is the sole responsibility of the shipper. [United States Lines, Inc. v. Comm. of Customs, GR 73490. June 18, 1987]. Containerized or container cargo. Cargoes packed inside a container for easy handling or transporting of the same as a unit. [Sec. 1, PPA Admin. Order 08-79]. Contamination. The production of substances not found in the natural composition of water that make the water less desirable or unfit desirable or unfit for intended use. [Sec 4, RA 9275]. Contemporanea expositio. Lat. Contemporaneous exposition, or construction. A construction drawn from the time when, and the circumstances under which, the subject matter to be construed, such as a custom or statute, originated. [People v. Simon, GR 93028.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
232 July 29, 1994, citing Black's Law Dict., 4th Ed., 390]. Contemporanea expositio est optima et fortissima in lege. Lat. Contemporaneous exposition or construction is the best and strongest in the law. [People v. Puno, GR 97471. Feb. 17, 1993, citing 2 Inst. 11; Black's Law Dict., 4th Ed., 390]. Contemporaneous circumstances. The conditions existing at the time the law was enacted. [Suarez, Intro. to Law, 1995 3rd Ed., p. 23]. Contemporaneous construction by executive officers. Construction placed upon a statute by the executive officers whose duty it is to enforce it, and unless such interpretation is clearly erroneous, will ordinarily be controlled thereby. [In Re: Allen, GR 1455. Oct. 29, 1903]. Compare with Prospective construction. Contempt. A willful disregard or disobedience. [Narcida v. Bowen, 22 Phil. 365; People v. Rivera, 91 Phil. 354]. Contempt of court. 1. A defiance of the authority, justice or dignity of the court; such conduct as tends to bring the authority and
administration of the law into disrespect or to interfere with or prejudice parties litigant or their witnesses during litigation. [Halili v. CIR, 136 SCRA 57 (1985)]. 2. Some act or conduct which tends to bring the authority of the court in disrepute or to interfere with the administration of justice. [Claridades, A., Compilation of Notes, 2001-2006]. 3. Willful disobedience of a judge's command or of an official court order. [Glossary of Legal Terms (Pro-Se), 2004]. Contentious action proceedings. Adversarial action proceedings.
or See or
Contestable market. The electricity end-users who have a choice of a supplier of electricity, as may be determined by the Energy Regulatory Commission (ERC) in accordance with RA 9136. [Sec. 4, RA 9136]. Contested case. Any proceeding, including licensing, in which the legal rights, duties or privileges asserted by specific parties as required by the Constitution or by law are to be determined after hearing. [Sec. 2, Chap. 1, Book VII, EO 292].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
233 Contiguous. It means (a) in physical contact; (b) touching along all or most of one side; (c) near, text, or adjacent. [Webster's New World Dict., 1972 Ed., p. 307]. Contiguous zone. 1. Water, sea bottom and substratum measured twenty-four nautical miles (24 n. m.) seaward from the base line of the Philippine archipelago. [Sec. 3, RA 7942]. 2. A maritime zone seaward of a coastal state's territorial sea that may extend out to a distance of 24 miles from the baselines from which the territorial sea is measured. In this zone, the coastal state may turn back a ship planning to commit illegal acts inside its territorial waters or arrest a ship leaving its territorial waters that has violated local law. [Intl. Law Dict. & Direct., 2004]. Continental shelf. 1. It comprises the seabed and the subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory to the outer edge of the continental margin, or to a distance of 200 miles from the baselines from which the territorial sea is measured where the outer edge of the continental margin does not extend up
to that distance. [Sandoval, Pol. Law Reviewer 2003]. 2. The seabed and subsoil of the submarine areas that extend beyond a coastal state's territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin. A coastal state may claim a continental shelf of up to 200 miles from the baselines from which the territorial sea is measured even if the continental margin is not that far seaward; but its maximum claim can be no more than 350 miles. [Intl. Law Dict. & Direct., 2004]. Continental stroke. An upward movement of a knife or blade instrument, causing a stab wound. [Moreno’s Law Dict., 2000 Ed., p. 100]. Contingent beneficiary. The person named in a policy to receive the proceeds at the death of the insured in the event the Primary beneficiary dies. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28]. Contingent claim. 1. One which has not accrued, and which is dependent on the happening of some future event. 2. Within the rule that claims against an estate which are not contingent are barred if not presented
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
234 within a certain time, it is one depending upon something thereafter to happen. Such a claim is not contingent after the happening of the event. 3. A claim against a decedent, not absolute or certain, but depending upon some event after the death of the testator or intestate which may or may not happen. A subsisting demand against the estate of a deceased person which had matured and was capable of being enforced during the lifetime of the deceased is not a contingent claim. [Reyes v. Rosenstock, GR 23718. Aug. 28, 1925]. Continua. See continua.
Accession
Continuance. Postponement of a legal proceeding to a later date. [Glossary of Legal Terms (Pro-Se), 2004]. Continued crime. A single crime consisting of a series of acts but all arising from one criminal resolution. It is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy. Although there are series of acts, there is only one crime committed. Hence, only one penalty shall be imposed. [Mallari v.
People, GR L-58886. Dec. 13, 1988]. Continuing appropriations. Appropriations for specific projects, such as those for construction of physical structures, or for the acquisition of real property or equipment, which shall continue to be available until the project is completed or abandoned. Reversions shall not be made or appropriations obligated by contract. Appropriations not obligated by contract may not be continued if the same would result in a negative balance in the unappropriated account of the fund concerned. [Sec. 14, PD 477]. Continuing crime. A crime which occurred on board a foreign vessel, which began when the ship was in a foreign territory and continued when it entered into Philippine waters. Hence, the crime is within the jurisdiction of the local courts. [US v. Bull, 15 Phil. 7, 27 (1910)]. Continuing guaranty. One which is not limited to a single transaction, but which contemplates a future course of dealing, covering a series of transactions, generally for an indefinite time or until revoked. It s prospective in its operation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
235 and is generally intended to provide security with respect to future transactions within certain limits, and contemplates a succession of liabilities, for which, as they accrue, the guarantor becomes liable. Otherwise stated, a continuing guaranty is one which covers all transactions, including those arising in the future, which are within the description or contemplation of the contract of guaranty, until the expiration or termination thereof. [Diño v. ca GR 89775. Nov. 26, 1992]. Continuing objections. When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his continuing objection to such class of questions. [Sec. 37, Rule 132, RoC]. Continuing offense. An unlawful act performed continuously or over and over again. [Apiag v. Cantero, AM MTJ-95-1070. Feb. 12, 1997, citing Law Dict., Robert E. Rothenberg).
Continuity of law principle. The legal maxim that, excepting that of a political nature, law once established continues until changed by some competent legislative power. It is not changed merely by chance of sovereignty. [Co Cham v. Tan Keh, 75 Phil. 113. Sep. 17, 1945, citing Beale, Cases on Conflict of Laws, III, Summary Sec. 9]. Continuous crime. A single crime consisting of a series of acts arising from a single criminal resolution or intent not susceptible of division. [People v. Ledesma, 73 SCRA 77 (1976)]. Continuous easements. Those easements the use of which is or may be incessant, without the intervention of any act of man. [Art. 615, CC]. Continuous possession. Possession (that) is uninterrupted, unbroken and not intermittent or occasional. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, citing Black's Law Dict., 5th Ed., 291]. Contraband. Any article the importation or exportation of which is prohibited by law. [Comm. of Customs v. CTA, GR L-33471. Jan. 31, 1972, citing Black, Law Dict.].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
236 Contra bonos mores. Also Contra bonus mores. Lat. Contrary to good morals. Elements. (a) There is an act which is legal; (b) but which is contrary to morals, good custom, public order, or public policy; (c) and it is done with intent to injure. Thus, under any of these three (3) provisions of law, an act which causes injury to another may be made the basis for an award of damages. [Albenson Enterprises Corp. v. CA, GR 88694. Jan. 11, 1993]. Contract. Civ. Law. A meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. [Art. 1305, CC]. Contracts, in general, are perfected by mere consent, which is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. [Adelfa Properties v. CA, GR 111238. Jan. 25, 1995]. Contract. Civ. Law. Classes of elements: (a) Essential elements without which there is no valid contract; (b) natural elements or those presumed to exist by the fact that the contract was
entered into (e.g., implied warranties in a contract of sale); and (c) accidental elements or the particular stipulations established by the parties (e.g., interests in a contract of loan). [Diaz, Bus. Law Rev., 1991 Ed., p. 64]. Contract. Civ. Law. Essential requisites: (a) Consent of the contracting parties; (b) object certain which is the subject matter of the contract; (c) cause of the obligation which is established. [Art. 1318, CC]. Contract-add-and-operate. A contractual arrangement whereby the project proponent adds to an existing infrastructure facility which it is renting from the government. It operates the expanded project over an agreement franchise period. There may, or may not be, a transfer arrangement in regard to the facility. [Sec. 2, RA 7718]. Contract area. Land or body of water delineated for purposes of exploration, development, or utilization of the minerals found therein. [Sec. 3, RA 7942]. Contract-bar rule. A principle in labor law that a collective bar-gaining agreement of reasonable duration is, in the interest of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
237 the stability of industrial relations, a bar to certification elections. [CCLU v. NLRC, GR L-38955-56. Oct. 31, 1974]. Contract for a piece of work. See Piece of work contract. Contract implied in fact. An agreement arrived at by a consideration of the acts and conducts of the parties involved. [Claridades, A., Compilation of Notes, 20012006]. Contract of adhesion. One in which one of the parties imposes a ready-made form of contract, which the other party may accept or reject, but which the latter cannot modify. [PCIBank v. CA, GR 97785. Mar. 29, 1996, citing Tolentino, Civil Code of the Phil., Vol. IV (1986 Ed.), p. 506]. Contract of affreightment. See Affreightment contract. Contract of agency. See Agency and Agency contract. Contract of pure beneficence. See Gratuitous contract. Contract of sale. A contract wherein title passes to the vendee upon the delivery of
the thing sold and the vendor has lost and cannot recover ownership until and unless the contract is resolved or rescinded. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Contract to sell. Contract of sale. Elements: a) Consent or meeting of the minds, that is, consent to transfer ownership in exchange for the price; b) Determinate subject matter; and c) Price certain in money or its equivalent. [GR 103577. Oct. 7, 1996. Coronel v. CA]. Contract of sale. Stages: (a) Preparation, conception, or generation, which is the period of negotiation and bargaining, ending at the moment of agreement of the parties; (b) perfection of birth of the contract, which is the moment when the parties come to agree on the terms of the contract; and (c) consummation or death, which is the fulfillment or performance of the terms agreed upon in the contract. [Tolentino, Commentaries and Jurisp. on the Civil Code of the Phil., Vol. 4, 1985 Ed., 411; Paras, Civil Code of the Phil. Annotated, vol. 4, 1989 Ed., 490]. Contractor. 1. A qualified person acting alone or in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
238 consortium who is a party to a mineral agreement or to a financial or technical assistance agreement. [Sec. 3, RA 7942]. 2. Any entity accredited under the laws which may or may not be the project proponent and which shall undertake the actual construction and/or supply of equipment for the project. [Sec. 2, RA 7718]. 3. A person, natural or juridical, not subject to professional tax, whose activity consists essentially of the sale of all kinds of services for a fee, regardless of whether or not the performance of the service calls for the exercise or use of the physical or mental faculties of such contractor or his employees. [Sec. 131, RA 7160]. 4. The term is deemed synonymous with the term builder and, hence, any person who undertakes or offers to undertake or purports to have the capacity to undertake or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. The
contractor. 4566].
[Sec.
9,
RA
Contractor's Bond Act. Act No. 3959. [Expressly repealed by the Labor Code]. Contractors' License Law. RA 4566 entitled “An Act creating the Philippine Licensing Board for Contractors, prescribing its powers, duties and functions, providing funds therefor, and for other purposes” enacted on June 19, 1965. Contract to sell. A bilateral con-tract whereby the prospective seller, while expressly reserving the ownership of the subject property despite delivery thereof to the prospective buyer, binds himself to sell the said property exclusively to the prospective buyer upon fulfillment of the condition agreed upon, that is, full payment of the purchase price. [Coronel v. CA, GR 103577. Oct. 7, 1996]. Compare with Contract of sale. Contractual reservation of title. See Pactum reservati dominii. Contract worker. Any person working or who has worked overseas under a valid employment contract and shall include seamen or any
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
239 person working overseas or who has been employed by another which may be a local employer, foreign employer, principal or partner under a valid employment contract and shall include seamen. [Eastern Shipping Lines v. POEA, GR L-76633. Oct. 18, 1988, citing 1985 Rules and Regulations on Overseas Employment]. Contradictory evidence. Testimony or evidence, consisting of prior inconsistent statements, presented by the same witness in the same case. [Moreno’s Law Dict., 2000 Ed., p. 104]. Contra factum non valet argumentum. Lat. Against this fact no argument can prevail. [Fed. of Free Farmers v. CA, GR L-41161. Sep. 10, 1981] Contrahaciendo. Sp. Hacer una cosa tan parecida a otra que con dificultad se distingan. Eng. To make a thing of such close resemblance to another that it is distinguished only with difficulty. [US v. Paraiso, GR 91. Nov. 13, 1901]. Compare with Fingir. Contra proferentem. Lat. 1. Against the party proffering the evidence. [Claridades, A., Compilation of Notes,
2001-2006]. 2. A rule premised on the belief that if a party is able to stipulate terms, or is the party who writes the contract, then implicitly he occupies the stronger position. To redress the imbalance between the parties, contra proferentem holds that the interpretation that favors the other party will be chosen. [Tetley, Glossary of Conflict of Laws, 2004]. Contrato inexistente. In Spanish law, a contract void ab initio. [Moreno’s Law Dict., 2000 Ed., p. 104]. Contrato nulo. In Spanish law, a voidable contract. [Moreno’s Law Dict., 2000 Ed., p. 104]. Contribution. The amount paid by or in behalf of a member to the National Health Insurance Program for coverage, based on salaries or wages in the case of formal sector employees, and on household earnings and assets, in the case of self-employed, or on other criteria as may be defined by the Phil. Health Ins. Corp. (PHIC) in accordance with the guiding principles set forth in Art. 1 of RA 7875, as amended. [Sec. 1, RA 9241]. Contributory negligence doctrine. 1. The act or omission amounting to want
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
240 of ordinary care on the part of the person injured which, concurring with the defendant's negligence, is the proximate cause of the injury. [Ma-ao Sugar Central v. CA, GR 83491. Aug. 27, 1990]. 2. This doctrine may be stated as follows: If the negligence of the plaintiff cooperated with the negligence of the defendant in bringing about the accident causing injury complained of, such negligence of the plaintiff would be an absolute bar to recovery. But if the negligence of the plaintiff is merely contributory to his negligence, such negligence would not be a bar to recovery, but the amount recoverable shall be mitigated by the courts. [Rakes v. AG & P, 7 Phil 359; Cangco v. Manila Railroad Co., 36 Phil 766; Del Prado v. Manila Electric Co., 52 Phil. 900; Art. 2179, CC]. Control. Admin. Law. The power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. [Mondano v. Silvosa, GR L-7708. May 30, 1955]. Compare with Supervision. Control. 1. Corp Law. Ownership of stocks in a
corporation possessing at least fifty-one percent (51%) of the total voting power of all classes of stocks entitled to vote. [Sec. 34, NIRC, as amended]. 2. The power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of an official position with such company. Any person who owns beneficially, either directly or through one or more controlled companies, more than thirty per centum of the voting securities of a company shall be presumed to control such company. Any person who does not so more than thirty per centum of the voting securities of any company shall be presumed not to control such company. [Sec. 3, RA 2629]. Controlled delivery. The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
241 in any dangerous drugs related offense, or to facilitate prosecution of that offense. [Sec 3, RA 9165]. Controlled precursors and essential chemicals. Those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of RA 9165. [Sec 3, RA 9165]. Controller. An officer who audits accounts and supervises the financial affairs of a corporation or of a governmental body. [Moreno’s Law Dict., 2000 Ed., p. 105]. See Coordinator. Control, power of. The power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for the latter. [Garcia v. COA, GR 75025. Sep. 14, 1993]. Control powers of the President. A fundamentally accepted principle in Constitutional Law that the President has control of all executive departments, bureaus, and offices. [Carpio v. Exec. Sec., GR 96409. Feb. 14, 1992].
Control test. Corp. Law. The rule that the nationality of the private corporation is determined by the citizenship of its controlling stockholder. [Diaz, Bus. Law Rev., 1991 Ed., p. 245]. Control test. Labor. Elements (which) constitute the reliable yardstick (whenever the existence of an employment relationship is in dispute): (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and (d) the employer's power to control the employee's conduct. [Aurora Land Projects Corp. v. NLRC, GR 114733. Jan. 2, 1997] Controversy. A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. [PAL v. NLRC, GR 120567. Mar. 20, 1998, citing Moreno, Phil. Law Dict., 1982 ed,, p. 136]. Convene. To call together, cause to assemble, or convoke. [Kapatiran ng mga Naglilingkod sa Pamahalaan ng Pilipinas, Inc. v. Tan, GR L-81311. June 30, 1988]. Convention. From Lat. convenire: to come together. 1. Legally binding agreement
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
242 between states sponsored by an international organization. [Intl. Law Dict. & Direct., 2004]. 2. A multilateral treaty or agreement, usually restricted to some technical matters. The term is now used by the United nations for agreements, involving all or almost all members of the United Nations on a particular subject, such as the Vienna Convention on Treaties. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Conventional constitution. Const. Law. A constitution enacted deliberately and consciously by a constituent body or ruler at a certain time and place. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 9]. Compare with Cumulative constitution. Conventional period. Also Voluntary period. The period agreed upon by the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Conventional redemption. Redemption that takes place when the vendor reserves the right to repurchase the thing sold, with the obligation to return to the vendee the price of the sale, and, in addition, the expenses of the contract and any other legitimate payments made by reason of
the sale as well as the necessary and useful expenses made on the thing sold, and with other stipulations which may have been agreed upon. [Arts. 1601 and 1616, CC]. Compare with Legal redemption. Conventional subrogation. Subrogation which takes place when a third person acquires all the rights of a creditor by express agreement of the debtor, the original creditor and the third person (new creditor). [Diaz, Bus. Law Rev., 1991 Ed., p. 59]. Also referred to as the Doctrine of substitution. Convention award. A foreign arbitral award made in a Convention State. [Sec. 3, RA 9285]. Convention state. A State that is a member of the New York Convention. [Sec. 3, RA 9285]. Conversion. An unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, resulting in the alteration of their condition or the exclusion of the owner's rights. It takes place when a person actually appropriates the property of another to his own benefit, use, and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
243 enjoyment [Trinidad v. CA, 53 OG 731, citing Bouvier's Law Dict.]. Convert. To use or dispose of another's property as if it were one's own. [Sy v. People, GR 85785. Apr. 24, 1989, citing II Reyes, Crim. Law, 12th Ed., p. 729]. Compare with Misappropriate. Convertible bond. Corp. Law. One which may be exchanged for another security, usually stock. The conversion privilege, a matter of contract, is usually at the option of the bondholder, limited to a stated period of time or conversion period and made at a prescribed rate of exchange or conversion ratio. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69]. Convertible share. Corp. Law. A share which is convertible or changeable by the stockholder from one class to another class (such as from preferred to common) at a certain price and within a certain period. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Convey. Broadly, property or title from one person It may, however,
to transfer to property to another. include any
other transaction by which any interest in real estate is created short of transferring title thereof. [Angela Estate v. CFI Negros Occ., GR L27084. July 31, 1968]. Conveyance. 1. A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers owner-ship, between persons living (i.e., other than by will), or which charges the land with another's interest, such as a mortgage. [Duhaime's Legal Dict., 2004]. 2. It may refer not only to an absolute sale but also to mortgage or any other transaction. It signifies every instrument by which any estate or interest in real estate is created, alienated, mortgaged, or assigned. [Patalinghud v. Ballesteros, GR L-25421. Mar. 31, 1971, citing 13 CJ, 900; 18 CJS, 92]. Convict. 1. n. One who has been finally condemned by a court, one who has been adjudged guilty of a crime or misdemeanor. 2. v. To condemn after a judicial investigation. [Torres v. Gonzales, GR 76872. July 23, 1987]. Conviction. 1. A verdict judgment, or plea of guilty, if such verdict, judgment or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
244 plea has not been reversed, set aside, or withdrawn, whether or not sentence has been imposed. [Sec. 3, RA 2629]. 2. The result of a criminal trial which ends in a judgment or sentence that the prisoner is guilty as charged. [Torres v. Gonzales, GR 76872. July 23, 1987]. Often denotes the Final judgment of the court. 3. The formal decision of a criminal trial which finds the accused guilty. It is the finding of a court that a person has, beyond reasonable doubt, committed the crime for which he has been accused. It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sentenced. [Duhaime's Legal Dict., 2004]. 4. A judgment of guilt against a criminal defendant. [Glossary of Legal Terms (Pro-Se), 2004]. Cooperation. That assistance which Art. 17 of the Rev. Penal Code prescribes of an accomplice (that) is knowingly and intentionally given and is not possible without prior knowledge of the criminal purpose. [Moreno’s Law Dict., 2000 Ed., p. 106]. Cooperation clause. Ins. A clause which provides in essence that the insured
shall give all such information and assistance as the insurer may require, usually requiring attendance at trials or hearings. [Claridades, A., Compilation of Notes, 2001-2006]. Cooperative. 1. A duly registered association of persons with a common bond of interest who have voluntarily joined together to achieve a lawful common social and economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles. [Sec. 4, RA 8435]. 2. A duly registered association of at least fifteen (15) persons, majority of which are poor, having a common bond of interest, who voluntarily join together to achieve a lawful common social and economic end. It is organized by the members who equitably contribute the required share capital and accept a fair share of the risks and benefits of their undertaking in accordance with the universally accepted corporate principles and practices. [Sec. 3, RA 8425]. 3. A duly registered association of persons, with a common bond of interest, who have
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
245 voluntarily joined together to achieve a lawful common social economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles. [Sec. 4, RA 7607]. Cooperative banks. Banks whose owners are farmer's associations or cooperatives. [Sec. 4, RA 7607]. Cooperative Code of the Philippines. RA 6938 entitled “An Act to Ordain a Cooperative Code of the Philippines” enacted on March 10, 1990.” Cooperative Development Authority (CDA). The government agency in charge of the registration and regulation of cooperatives. [Art. 5 (8), RA 6938]. Cooperatives. Organizations composed primarily of small agricultural producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operated on the principle of one member, one vote. A juridical person
may be a member cooperative, with the rights and duties natural person. [Sec. 6657].
of a same as a 3, RA
Cooperative settlement training. The training of a group of young people or farmer families in modern methods in agriculture and cooperative living and subsequently to organize and locate them in cooperative settlement. [Sec. 1, Rule 1, Book 2, IRR of LC]. Coordination. Harmonious combination. [Moreno’s Law Dict., 2000 Ed., p. 107]. Coordinator. Also Controller, Supervisor, Encargado or variants thereof. Any person who exercises control and supervision over the collector or agent. [Sec. 2, RA 9287]. Co-ownership. 1. The ownership of an undivided thing or right belonging to different persons. [Art. 484, CC]. 2. A form of trust and every co-owner is a trustee for the other. In coownership, the relationship of each co-owner to the other co-owners is fiduciary in character and attribute. Whether established by law or by agreement of the coowners, the property or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
246 thing held pro-indiviso is impressed with a fiducial nature that each co-owner becomes a trustee for the benefit of his co-owners and may not do any act prejudicial to the interest of his co owners. [Sotto v. Teves, GR L-38018. Oct. 31, 1978]. Copper smelting and refining. The manufacture of copper into basic forms, such as ingots, bars, billets, sheets, strips, circles, sections, rods castings and extrusion. [Sec. 2, RA 4095]. Co-production agreement (CA). An agreement entered into between the Government and one or more contractors in accordance with Sec. 26(b) of RA 7942. Copy. In the law of trademark, one who knows of another trademark and knowingly adopts a confusingly similar mark and uses it in the same or related goods. [Moreno’s Law Dict., 2000 Ed., p. 107]. Copyright. 1. The exclusive right: (a) to print, reprint, publish, copy, distribute, multiply, sell, and make photographs, photoengravings, and pictorial illustrations of the works; (b) to make any translation or other version or extracts or
arrangements or adaptations thereof; to dramatize it if it be a non-dramatic work; to convert it into a nondramatic work if it be a drama; to complete or execute if it be a model or design; (c) to exhibit, perform, represent, produce, or reproduce, the work in any manner or by any method whatever for profit or otherwise; it not reproduced in copies for sale, to sell any manuscript or any record whatsoever thereof; (d) to make any other use or disposition of the work consistent with the laws of the land. [Sec. 5, PD 49]. 2. The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work. [Duhaime's Legal Dict., 2004]. Copyright infringement. Copying a substantial part of the original work belonging to another. [Moreno’s Law Dict., 2000 Ed., p. 107]. Coral. 1. The hard calcareous substance made up of the skeleton of marine coelenterate polyps which include reefs, shelves and atolls or any of the marine coelenterate animals living in colonies where their skeletons form a stony mass. [Sec. 4, RA 8550]. 2. Small anemone-like organisms belonging to Phylum
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
247 coelenterata which secrete their own skeletons of various forms that may be hard, soft, stony or horny. [Sec. 3, PD 1219]. Coral reef. A natural aggregation of coral skeleton, with or without living coral polyps, occurring in intertidal and subtidal marine waters. [Sec. 4, RA 8550]. Core list. A list of drugs that meets the health care needs of the majority of the population. [Sec. 3, RA 6675]. Corneal excision. The surgical removal of corneal tissue from cadaver eyes for the purpose[ of eye banking and transplant. [Sec. 4, DOH Admin. Order 11-95]. Corneal tissue. For purposes of tissue retrieval and eye banking, it refers to the entire transparent structure forming the anterior part of the fibrous tunic of the eye plus 2 to 3 millimeters of scleral tissue. As such, the tissue would be roughly 15 millimeters diameter and 0.4 to 0.5 millimeters in thickness. [Sec. 4, DOH Admin. Order 11-95]. Coronary. Legal Med. Encircling in the manner of a crown, a term applied to vessels, ligaments. etc. [Pa-
ac v. Itogon-Suyoc Mines, GR L-35800. July 23, 1987]. Coronary arteriosclerosis. Legal Med. A condition characterized by a hardening and thickening of the arteries which supply blood to the heart muscle. [Bautista v. WCC, GR L42885. Nov. 23, 1977, citing Schmidt's Atty.’s Dict. of Med., 1965 Sup., p. 96]. Coronary occlusion. Legal Med. The occlusion, or closing off, of a coronary artery. [Pa-ac v. ItogonSuyoc Mines, GR L-35800. July 23, 1987]. Commonly referred to as Heart attack. Coronary thrombosis. Legal Med. The sudden plugging of the artery by a blood clot developing within the vessel. [Pa-ac v. Itogon-Suyoc Mines, GR L-35800. July 23, 1987]. Commonly referred to as Heart attack. Corporal punishment. A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body. A fine or imprisonment is not considered to be corporal punishment (in the latter case, although the body is confined, no punishment is inflicted upon the body). The death penalty is the most drastic form of corporal punishment and is also
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
248 called Capital punishment. [Duhaime's Legal Dict., 2004]. Corporate alter ego doctrine. See Piercing the veil of corporate entity (or fiction) doctrine. Corporate books and records. Records of all business transactions of a corporation kept and carefully preserved at its principal office including the minutes of all meetings of stockholders or members, or of the board of directors or trustees., in which is set forth in detail the time and place of holding the meeting, how authorized, the notice given, whether the meeting was regular or special, if special its object, those present and absent, and every act done or ordered done at the meeting. [Sec. 74, Corp. Code]. Corporate enterprise theory. The theory espousing that the corporation is not merely an artificial being but more of an aggregation of persons doing business or an underlying business unit. [Claridades, A., Compilation of Notes, 2001-2006]. Corporate existence, commencement of. The date when a private
corporation formed or organized under the Corporation Code commences to have corporate existence and juridical personality and is deemed incorporated which is reckoned from the date the SEC issues a certificate of incorporation under its official seal, and there-upon the incorporators, stockholders or members and their successors shall constitute a body politic and corporate under the name stated in the articles of incorporation for the period of time mentioned therein, unless said period is extended or the corporation is sooner dissolved in accordance with law. [Sec. 19, Corp. Code]. Corporate franchise. Primary franchise.
See
Corporate liquidation. The continuation as a body corporate of a corporation whose charter expires by its own limitation or is annulled by forfeiture or otherwise, or whose corporate existence for other purposes is terminated in any other manner, for three (3) years after the time when it would have been so dissolved, for the purpose of prosecuting and defending suits by or against it and enabling it to settle and close its affairs, to dispose of and convey its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
249 property and to distribute its assets, but not for the purpose of continuing the business for which it was established. [Sec. 122, Corp. Code]. Corporate officers. Only those officers who are given that character either by the Corp. Code or the by-laws. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., pp. 192-193]. Corporate offsprings. See subsidiaries. Corporate opportunity doctrine. The doctrine under which corporate officers are not permitted to the use their position of trust and confidence to further their interests. It is precisely a recognition by the courts that the fiduciary standards could not be upheld where the fiduciary was acting for two entities with competing interests. This doctrine rests fundamentally of the unfairness, in particular circumstances, of an officer or director taking advantage of an opportunity for his own personal profit when the interest of the corporation justly calls for protection. [Gokongwei v. SEC, GR L45911. Apr. 11, 1979]. Corporate residence. The place stated in the law creating the corporation or
in its Articles of Incorporation. [Moreno’s Law Dict., 2000 Ed., p. 108]. Corporate secretary. Officer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings. [Duhaime's Legal Dict., 2004]. Corporate term. The period within which a corporation shall exist which shall not exceed fifty (50) years from the date of incorporation unless sooner dissolved or unless said period is extended. The corporate term as originally stated in the articles of incorporation may be extended for periods not exceeding fifty (50) years in any single instance by an amendment of the articles of in-corporation, in accordance with the Corporation Code. [Sec. 11, Corp. Code]. Corporation. 1. An artificial being created by operation of law, having the right of succession and the powers, attributes and proper-ties expressly authorized by law or incident to its existence. [Sec. 2, Corp. Code]. 2. An entity separate and distinct from its stockholders. While not in fact and in reality a person, the law treats a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
250 corporation as though it were a person by process of fiction or by regarding it as an artificial person distinct and separate from its individual stockholders. [Remo v. IAC, GR 67626. Apr. 18, 1989]. Corporation aggregate. A corporation composed of several natural persons. [Diaz, Bus. Law Rev., 1991 Ed., p. 247]. Corporation by estoppel. Persons who assume to act as a corporation knowing it to be without authority to do so. They are liable as general partners for all debts, liabilities and damages incurred or arising as a result thereof. When sued on any transaction entered by it as a corporation or on any tort committed by it as such, it is estopped from using as a defense its lack of corporate personality. [Sec. 21, Corp. Code]. Corporation by prescription. A corporation which has exercised corporate powers for an indefinite period without interference on the part of the sovereign power. E.g., Roman Catholic Church. [Claridades, A., Compilation of Notes, 2001-2006].
Corporation Code. BP 68 entitled “The Corporation Code of the Philippines” enacted on May 1, 1980. Corporation sole. 1. A corporation formed by the chief archbishop, bishop, priest, minister, rabbi or other presiding elder of such religious denomination, sect or church for the purpose of administering and managing, as trustee, the affairs, property and temporalities of any religious denomination, sect or church. [Sec. 110, Corp. Code]. 2. A special form of corporation usually associated with the clergy. Conceived and introduced into the common law by sheer necessity, this legal creation was designed to facilitate the exercise of the functions of ownership carried on by the clerics for and on behalf of the church which was regarded as the property owner [Rep. v. IAC, GR L-75042. Nov. 29, 1988, citing 1 Bouvier's Law Dict., p. 682-683]. Corporators. Those who compose a corporation, whether as stockholders or as members. [Sec. 5, Corp. Code]. Corpus delicti. 1. The body (material substance) upon which a crime has been committed, e.g., the corpse
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
251 of a murdered man or the charred remains of a house burned down. [Jurist’s Legal Dict., 2004]. 2. The body (material substance) upon which a crime has been committee, e.g., the corpse of a murdered man or the charred remains of a house burned by an arsonist. [Jurist’s Legal Dict., 2004]. 3. In a derivative sense, it means the substantial fact that a crime was committed. [People v. Lorenzo, GR 110107. Jan. 26, 1995]. Corpus delicti. Elements: (a) That a certain result has been proved, for example a man has died or a building has been burned, and (b) that some person is criminally responsible for the act. [People v. Lorenzo, GR 110107. Jan. 26, 1995]. Correctional penalties. The following are correctional penalties under the Rev. Penal Code: Prision correccional, arresto mayor, suspension, destierro, and fine, whether imposed as a single of as an alternative penalty, which does not exceed 6,000 pesos but is not less than 200 pesos. [Arts. 25-26, RPC]. Corrective damages. Exemplary damages.
See
Correlative. A reciprocal or complementary relationship.
[Intl. Law Dict. & Direct., 2004]. Correspondence with hostile country. Crim. Law. The felony committed by any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops. [Art. 120, RPC]. Correspondent bank. A bank which acts as an agent of another bank, especially in carrying a deposit balance for the latter. [Intl. Law Dict. & Direct., 2004]. Corroborative evidence. 1. Evidence which is of a different kind and character as that already given and tends to prove the same proposition. [Claridades, A., Compilation of Notes, 20012006]. 2. Supplementary evidence that tends to strengthen or confirm the initial evidence. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Cumulative evidence. Corrosive. 1. Any substance which on contact with living tissue will cause destruction of tissue by chemical action. [Art. 4, RA 7394]. 2. Any substance or material, either liquid, solid or gaseous, which through chemical reaction wears away, impairs or consumes any object. It shall include but not limited
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
252 to alkaline battery fluid packed with empty storage battery, alkyl chloroformate, alkytrichlorosilane, ammonium dinitroorthocresolate and other similar materials and substances. [Sec. 5, RA 6235].
thereof for clean-sing, beautifying, promoting attractiveness, or altering the appearance, and (b) article intended for use as a component of any such article except that such term shall not include soap. [Art. 4, RA 7394].
Corrosive liquid. Any liquid which causes fire when in contact with organic matter or with certain chemicals. [Sec. 3, PD 1185].
Cost and freight (C & F). 1. Shipment contracts. The term means that the price fixed includes in a lump sum the cost of the goods and freight to the named destination. It simply means that the seller must pay the costs and freight necessary to bring the goods to the named destination but the risk of loss or damage to the goods is transferred from the seller to the buyer when the goods pass the ship's rail in the port of shipment. [Filipino Merchants Ins. Co., INC. v. CA, GR 85141. Nov. 28, 1989]. 2. The terms in a contract of sale of goods whereby the seller must pay the cost and freight necessary to bring the goods to the named port of destination. [Intl. Law Dict. & Direct., 2004].
Corruption of minors. Crim. Law. The felony committed by any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another. [Art. 340, RPC]. Corruption of public officials. Crim. Law. The felony committed by any person who shall have made the offers or promises or given the gifts or presents as described in Art. 210 and 211 of the Rev. Penal Code. [Art. 212, RPC]. Cosas muebles. Sp. Movable chattels. [US v. Carlos, GR 6295. Sep. 1, 1911]. Cosmetics. (a) Articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part
Cost, insurance and freight (CIF). The terms in a contract of sale of goods whereby the seller must pay the costs and freight necessary to bring the goods to a named port of destination, and must also
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
253 procure marine insurance against the buyer's risk of loss to the goods during the carriage. [Intl. Law Dict. & Direct., 2004]. Cost of acquisition. The indication of the amount of outlay that the government spent or paid for acquiring the property. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Cost of living index adjustment clauses. Clauses widely used in commercial contracts (the purpose of which is) to maintain fiscal stability and to retain (‘real peso’) value to the price terms of long term contracts. [Banco Filipino Savings and Mortgage Bank v. Navarro, GR L-46591. July 28, 1987]. Cost of services. All direct costs and expenses necessarily incurred to provide the services required by the customers and clients including (a) salaries and employee benefits of personnel, consultants and specialists directly rendering the service and (b) cost of facilities directly utilized in providing the service such as depreciation or rental of equipment used and cost of supplies. [Sec. 27, NIRC, as amended].
Costs. 1. Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. [Art. 37, RPC]. 2. The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs. [Jurist’s Legal Dict., 2004]. Cottage industry. A modest economic activity for profit using primarily indigenous raw materials in the production of various articles that generally involve craftsmanship, artistic skills and the tradition of the country. [EO 917, Oct. 15, 1983]. Cottage or handicraft establishment. One engaged in an economic endeavor in which the products are primarily done in the home or such other places for profit which requires manual dexterity and craftsmanship and whose capitalization does not exceed P500,000, regardless of previous registration with the defunct
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
254 NACIDA. [Sec. 1, Rule 7, Book 3, IRR of LC]. Cotton Industry Development Law of 1998. RA 8486 entitled “An Act merging the Philippine Cotton Corporation and the Cotton Research and Development Institute into a Cotton Development Administration, vesting it with regulatory powers and appropriating funds for the purpose” enacted on Feb. 11, 1998. Counsel. 1. An adviser, a person professionally engaged in the trial or management of a cause in court; a legal advocate managing a case at law; a lawyer appointed or engaged to advise and represent in legal matters a particular client, public officer, or public body. [Webster's 3rd New Intl. Dict., 1966, p. 518]. 2. A legal adviser; a term used to refer to lawyers in a case. [Glossary of Legal Terms (Pro-Se), 2004]. Counselor. An attorney at law; one or more attorneys representing parties in an action. [Ballantine's Law Dict., 3rd Ed., 1969, p. 278]. Counsel de oficio. A lawyer or attorney appointed by the court to represent a party, usually an indigent
defendant, in a criminal case. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 8]. See also Courtappointed attorney. Counsel fee. A fee obligated to be paid by a client in favor of his lawyer. [Moreno’s Law Dict., 2000 Ed., p. 109]. Counsel guarantee. The assurance of the assistance of counsel. [Moreno’s Law Dict., 2000 Ed., p. 109]. Countercharge. A charge in answer to another charge or against the accuser. [Moreno’s Law Dict., 2000 Ed., p. 109]. Counterclaim. 1. Any claim for money or other relief which a defending party may have against an opposing party. A counterclaim need not diminish or defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or different in kind from that sought by the opposing party's claim. [Sec. 6, Rule 6, RoC]. 2. A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit. [Glossary of Legal Terms (Pro-Se), 2004]. Counterfeit. To forge; to copy or imitate, without authority or right, and with a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
255 view to deceive or defraud, by passing the copy or thing forged for that which is original or genuine. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 184]. Counterfeit access device. Any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or counterfeit access device. [Sec. 3, RA 8484]. Counterfeiting, importing and uttering instruments not payable to bearer. Crim. Law. The felony committed by any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer. [Art. 167, RPC]. Counterfeiting the great seal of the Government of the Philippines, forging the signature or stamp of the Chief Executive. Crim. Law. The felony committed by any person who shall forge the Great Seal of the Government of the Philippines or the signature or stamp of the Chief Executive. [Art. 161, RPC]. Counterfeit product. Any consumer product which, or
the container or labeling of which, without authorization, bears the trade-mark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a consumer product manufacturer, processor, packer, distributor, other than the person or persons who in fact manufactured, processed, packed or distributed such product and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by such consumer product manufacturer, processor, packer, or distributor. [Art. 4, RA 7394]. Countervailing duty. A duty levied in an amount equal to the ascertained or estimated amount of the bounty, subsidy or subvention granted by the foreign country on the production, manufacture or exportation into the Philippines of any article likely to injure an industry in the Philippines or retard or considerably retard the establishment of such industry. [Sec. 302, TCC]. Countervailing measures. A duty specifically levied to offset a subsidy. [Intl. Law Dict. & Direct., 2004]. Counting center. A public place designated by the Commission on Election
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
256 where counting of votes and canvassing/consolidation of results shall be conducted. [Sec. 2, RA 8436]. Counting machine. A machine that uses optical scanning/mark sense reading device or any similar advanced technology to count ballots. [Sec. 2, RA 8436; Sec. 2, RA 8046]. Country. Pol. Law. Any independent political unit or sovereign nation, territory, colony and political or territorial subdivision. [Sec. 2, PD 1433]. Countryside and barangay business enterprise. Any business entity, association, or cooperative registered under the provisions of RA 6810, otherwise known as "Magna Carta For Countryside And Barangay Business Enterprises (Kalakalan 20)." [Sec. 131, RA 7160]. Coup d'etat. Fr. A swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly
or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. [Art. 134-A, RPC, as amended by RA 6968]. Coup d'etat law. RA 6968 entitled “An Act punishing the crime of coup d'etat by amending Arts. 134, 135 and 136 of Chapter One, Title Three of Act Numbered Thirty-eight Hundred and Fifteen, otherwise known as the Rev. Penal Code, and for other purposes” enacted on Oct. 24, 1990. Coupon bond. Corp. Law. One to which are attached coupons for the several successive installments of interest accruing on the bond to maturity. The coupons are simple promissory notes that entitle the holder to interest when due; such coupons may be detached and negotiated separately and once detached and negotiated cease to be mere incidents of the bond and become independent claims. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69, citing 9 CJ Sec. 79].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
257 Court. 1. A body in government to which the administration of justice is delegated. [Glossary of Legal Terms (Pro-Se), 2004]. 2. As referred to in Art. 6 of the Model Law, the term shall mean a RTC. [Sec. 3, RA 9285]. Court-annexed mediation. Any mediation process conducted under the auspices of the court, after such court has acquired jurisdiction of the dispute. [Sec. 3, RA 9285]. Court-appointed attorney. Attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation. [Glossary of Legal Terms (Pro-Se), 2004]. See also Counsel de oficio. Court costs. The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs. [Jurist’s Legal Dict., 2004]. Court martial. A military court set up to try and punish offenses taken by
members of the army, navy or air force. [Duhaime's Legal Dict., 2004]. Court of admiralty. A rather archaic term used to denote the court which has the right to hear shipping, ocean and sea legal cases. Also known as Maritime law. [Duhaime's Legal Dict., 2004]. Court of Industrial Relations Act. Commonwealth Act No. 103, as amended. [Expressly repealed by the Labor Code]. Court of origin or original jurisdiction. A court where a matter is initiated and heard in the first instance; a trial court. [Glossary of Legal Terms (Pro-Se), 2004]. Court of record. 1. A court which is bound to keep a record of its proceedings for a perpetual memorial and testimony thereof. [Melgar v. Delgado, GR 30892. July 22, 1929, citing 2 Cyc., 657658]. 2. A court in which the proceedings are recorded, transcribed, and maintained as permanent records. [Jurist’s Legal Dict., 2004]. Court-referred mediation. Mediation ordered by a court to be conducted in accordance with the Agreement of the Parties when as action is prematurely commenced in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
258 violation of such agreement. [Sec. 3, RA 9285]. Courts of equity. Equity, courts of.
See
Court stenographer. A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, a deposition, or other trial-related proceeding. [Jurist’s Legal Dict., 2004]. May also be called Court reporter. Covenant. 1. An international compact which has binding effect, usually on many States. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].2. A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts. [Duhaime's Legal Dict., 2004]. Covered institution. Pursuant to the Anti-Money Laundering Act of 2001 (RA 9160), the term refers to: (a) banks, non-banks, quasibanks, trust entities, and all other institutions and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP); (b) insurance companies and all other institutions supervised or
regulated by the Insurance Commission; and (c) (i) securities dealers, brokers, sales-men, investment houses and other similar entities managing securities or rendering services as investment agent, advisor, or consultant, (ii) mutual funds, close and investment companies, common trust funds, pre-need companies and other similar entities, (iii) foreign exchange corporations, money changers, money payment, remittance, and transfer companies and other similar entities, and (iv) other entities administering or otherwise dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes and other similar monetary instruments or property supervised or regulated by SEC. [Sec. 3, RA 9160]. Covered transaction. Pursuant to the Anti-Money Laundering Act of 2001 (RA 9160), the term refers to a single, series, or combination of transactions involving a total amount in excess of P4,000,000.00 or an equivalent amount in foreign currency based on the prevailing exchange rate within five (5) consecutive banking days except those between a covered institution and a person who,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
259 at the time of the transaction was a properly identified client and the amount is commensurate with the business or financial capacity of the client; or those with an underlying legal or trade obligation, purpose, origin or economic justification. It like-wise refers to a single, series or combination or pattern of unusually large and complex transactions in excess of P4,000,000.00 especially cash deposits and investments having no credible purpose or origin, underlying trade obligation or contract. [Sec. 3, RA 9160]. Cover note. 1. A note which may be issued to bind insurance temporarily pending the issuance of the policy. Within sixty days after the issue of the cover note, a policy shall be issued in lieu thereof, including within its terms the identical insurance bound under the cover note and the premium therefor. [Sec. 52, IC]. 2. A contract and not a mere application for insurance and is deemed integrated to the regular policies subsequently issued. [Pacific Timber v. CA, GR L-38613. Feb. 25, 1982]. Craft. Chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a
scheme in the execution of the crime. [People v. Zea, GR L-23109. June 29, 1984]. Credibility of a witness. Guiding rules: (a) the appellate court will not disturb the factual findings of the lower Court, unless there is a showing that it had overlooked, misunderstood or misapplied some fact or circumstance of weight and substance that would have affected the result of the case [People v. Ablaza, GR L27352, 31 Oct. 1969, 30 SCRA 173]; (b) the findings of the trial court pertaining to the credibility of a witness is entitled to great respect since it had the opportunity to examine his demeanor as he testified on the witness stand, and, therefore, can discern if such witness is telling the truth or not [People v. Amoncio, GR L49069, 22 June 1983, 122 SCRA 686]; and (c) a witness who testifies in a categorical, straightforward, spontaneous and frank manner and remains consistent on crossexamination is a credible witness [People v. Barros, GR L-34249, 3 May 1983, 122 SCRA 34]. Credible evidence. 1. Evidence which is not only admissible evidence but also believable and used by the court in deciding a case.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
260 [Claridades, A., Compilation of Notes, 2001-2006]. Credible persons. The term, as used in the Revised Naturalization Law, means not only an individual who has not been previously convicted of a crime; who is not a police character and has no police record; who has not perjured in the past; or whose affidavit or testimony is not incredible. What must be credible is not the declaration made, but the person making it. This implies that such person must have a good standing in the community; that he is known to be honest and upright; that he is reputed to be trustworthy and reliable; and that his word may be taken on its face value. [In Re: Gaw Ching v. Rep., GR L19419. Sep. 30, 1964]. Credible witness. 1. A witness who testifies in a categorical, straight-forward, spontaneous and frank manner and remains consistent. [People v. Rosare, GR 118823. Nov. 19, 1996]. 2. One who, being competent to give evidence, is worthy of belief. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Credit. 1. Any loan, mortgage, financial lease, deed of trust, advance or discount, any conditional
sales contract, contract to sell, or sale or contract of sale of property or service, either for present or future delivery, under which, part of all or the price is payable subsequent to the making of such sale or contract; any contract, any option, demand, lien or pledge, or to the other claims against, or for the delivery of, property or money, any purchase, or other acquisition of or any credit upon the security of, any obligation or claim arising out of the foregoing, and any transaction or series of transactions having similar purpose or effect. [Sec. 3, RA 8556; Sec. 3, RA 5980]. 2. A sum credited on the books of a company to a person who appears to be entitled to it. It presupposes a creditor-debtor relationship, and may be said to imply ability, by reason of property or estates to make a promised payment [Rep. v. PNB, GR L16106. Dec. 30, 1961, citing In Re Ford, 14 F. 2nd 848, 849]. 3. That which is due to a person, as distinguished from debit, that which is due by him. Claim or cause of action for specific sum of money. An entry on the right-hand side of an account. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 210]. Compare with Debit.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
261 Creditable service. That which is sufficiently good to bring esteem, deserving of praise. [Ramos v. Diaz, GR L24521. Dec. 11, 1967]. Credit card. 1. Any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods, property, labor or services or any thing of value on credit. [Sec. 3, RA 8484]. 2. Any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor or services on credit. [Art. 4, RA 7394]. Credit cooperative. One which promotes thrift among its members and creates funds in order to grant loans for productive and provident purposes. [Art. 23, RA 6938]. Credit enhancement. Any legally enforceable scheme intended to improve the marketability of the assetbacked securities (ABS) and increase the probability that the holders of the ABS receive payment of amounts due them under the ABS in accordance with the plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. Credit line. The maximum amount which a bank agrees to Lend in a Lump sum or by several payments to the
customer, and which may be overdrawn by promissory notes. [Gobonseng v. CA, GR 111797. July 17, 1995, citing Agaton Sibal, Phil. Legal Encyc. 195 (1986 Ed.)]. Creditor. 1. A person to whom a debt is owed by another. [Jurist’s Legal Dict., 2004]. 2. Any person engaged in the business of extending credit and shall include any person who as a regular business practice makes loans or sells or rents property or services on a time, credit or installment basis, either as principal or as agent who requires as an incident to the extension of credit, the payment of a finance charge. [Art. 4, RA 7394]. Credit risks. Possible nonpayment of credit granted to a foreign customer by the insured in connection with an export transaction resulting from or occasioned by circumstances, happenings or events which are outside or beyond the control of the insured as follows: (a) Insolvency or protracted default of the foreign customer; (b) governmental action under circumstances not due to the fault of the buyer which prevents the transfer of payment to exporters; (c) new import or export licensing restrictions in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
262 country of the foreign customer or of the insured; (d) moratoria, war, revolution, civil disturbances, or similar circumstances which prevent the payment of accepted goods and or services; and (e) such other risks connected with export transactions on deferred payment, except against risks of devaluation or changes in the exchange rate and against risks that are normally insured with commercial insurers licensed to do business in the Philippines such as fire, marine, casualty, accident, fidelity, surety, and physical damage. [Sec. 3, RA 6424]. Credit sale. A sale of products, services or an interest in land to a person on credit where a debt is payable in installments or a finance charge is imposed and includes any agreement in the form of a bailment of products or lease of products or real property if the bailee or lessee pays or agrees to pay compensation for use a sum substantially equivalent to or in excess of the aggregate value of the products or real property involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the products or real
property upon full compliance with the terms of the agreement. [Art. 4, RA 7394]. Credit transaction. 1. A transaction between a natural person and a creditor in which real or personal property, services or money acquired on credit and the person's obligation is payable in installment. [Art. 4, RA 7394]. 2. All transactions involving the purchase or loan of goods, services, or money in the present with a promise to pay or deliver in the future. [De Leon, Comments and Cases on Credit Trans., 1999 Ed., p. 1]. Creek. A recess or arm extending from a river and participating in the ebb and flow of the sea; a property belonging to the public domain which is not susceptible to private appropriation and acquisitive prescription, and as a public water, it cannot be registered under the Torrens System in the name of any individual. [Diego v. CA, 102 Phil. 494; Mangaldan v. Manaoag, 38 Phil. 455]. Crew. The aggregate of seamen who man a ship or vessel. [Moreno’s Law Dict., 2000 Ed., p. 112].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
263 Crime. An act or omission which is prohibited by criminal law. An offense against the State, and hence is prosecuted in the name of the People of the Philippines. [People v. Arcilla, GR 116237. May 15, 1996, citing Sec. 2, Rule 110, RoC]. 2. The commission or omission by a person having capacity, of any act, which is either prohibited or compelled by law and the commission or omission of which is punishable by a proceeding brought in the name of the government whose law has been violated. If the crime is punished by the Rev. Penal Code, it is called a felony; if by a special law, it is called an offense; and if by an ordinance, it is called an infraction of an ordinance. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., citing Wharton’s Crim. Law, 1957, Vol. 1, p. 11]. Crime committed in contempt of, or with insult to public authorities. An aggravating circumstance under Art. 14 (2) of the Rev. Penal Code that requires the following essential elements: (a) That the crime is committed in the presence of a public authority, not a mere agent of the authorities [People v. Siojo, 61 Phil. 307 (1935); People v. Verzo, 21 SCRA 1403 (1967)]; and (b) that
the public authority is engaged in the exercise of his functions and is not the person against whom the crime is committed [People v. Siojo, citing US v. Rodriquez, 19 Phil. 150 (1911); Decision of the Supreme Court of Spain dated Jan. 24, 1881, 1 Viada 310)], nor the one injured by the commission of the offense. [People v. Pardo, 79 Phil. 568 (1947)]. Crimes against humanity. Murder, genocide, enslavement, deportation, and other acts against a civilian population before or during a war. [Intl. Law Dict. & Direct., 2004]. Crimes against international law. Serious violations of international law including crimes against humanity, crimes against peace, and war crimes. [Intl. Law Dict. & Direct., 2004]. Crimes against peace. The planning, preparing, initiating, and/or waging a war of aggression in violation of international law. Participating in a conspiracy to commit crimes against humanity or war crimes. [Intl. Law Dict. & Direct., 2004]. Crimes destruction. Destruction.
involving See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
264 Crimina juris gentium. Lat. Crimes against the law of nations. Crimes for which international customary law imposes criminal responsibility on individuals and for which all states may punish an offender. These include crimes against humanity and crimes against peace. [Intl. Law Dict. & Direct., 2004]. Criminal action. An action one by which the State prosecutes a person for an act or omission punishable by law. [Sec. 3(b), Rule 1, RoC]. Criminal contempt. Conduct that is directed against the dignity and authority of the court or a judge acting judicially; it is an act obstructing the administration of justice which tends to bring the court into disrepute or disrespect. [People v. Godoy, GR 115908-09. Mar. 29, 1995]. Compare with Civil contempt. Criminal jurisdiction. The authority to hear and try a particular offense and impose the punishment for it. [People v. Mariano, GR L40527. June 30, 1976]. Criminal jurisdiction. Elements: (a) Territorial jurisdiction; (b) jurisdiction
over the subject matter; and (c) jurisdiction over the person of the accused. [Albano, Rem. Law Reviewer, 1st Ed., p. 11-12]. Criminal justice system. The network of courts and tribunals which deal with criminal law and its enforcement. [Glossary of Legal Terms (Pro-Se), 2004]. Criminal law. That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. [Duhaime's Legal Dict., 2004]. Criminal liability. The obligation to serve the personal or imprisonment penalties (and) the liability to pay the fines or pecuniary penalties. [Petralba v. Sandiganbayan, GR 81337. Aug. 16, 1991]. Criminal liability. Requisites: (a) That an international felony has been committed, and (b) that the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender. [People v. Iligan, 191 SCRA 643, 651 (1990), citing People v. Mananquil, 132 SCRA 196, 207 (1984)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
265 Criminal liability, modes of extinguishing. Art. 89 of the Rev. Penal Code enumerates the causes that totally extinguish criminal liability as follows: (a) the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment; (b) service of the sentence; (c) amnesty, which completely extinguishes the penalty and all its effects; (d) absolute pardon; (e) prescription of the crime; (f) prescription of the penalty; (g) the marriage of the offended woman, as provided in Art. 344 of the Code. [Tangan v. People GR L-73963. Nov. 5, 1987]. Criminal negligence. The quasi offense under Art. 365 of the Rev. Penal Code (resulting from) the execution of an imprudent or negligent act that, if intentionally done, would be punishable as a felony. The law penalizes the negligent or careless act, not the result thereof. [People v. Buan, GR L-25366. Mar. 29, 1968]. See Reckless imprudence. Criminal procedure. Part of remedial law which provides for the apprehension, prosecution, conviction or acquittal, as the case may
be, of a person who is accused of having committed a crime. [Suarez, Intro. to Law, 1995 3rd Ed., p. 233]. Criminal prosecutions. Proceedings before the trial court from arraignment to rendition of the judgment. [People v. Jose, GR L-28232. Feb. 6, 1971]. Critically endangered species. A species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future. [Sec. 5, RA 9147]. Critical circumstances. Circumstances where there is prima facie evidence that increased imports, where there absolute or relative to domestic production, are a substantial cause of serious injury or threat thereof to the domestic industry and that delay in taking action under RA 8800 would cause damage to the industry that would be difficult to repair. [Sec. 4, RA 8800]. Critical watershed. A drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
266 accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated. [Sec. 3, PD 705].
claims against another codefendant for contribution for any damages assessed against him. [Glossary of Legal Terms (Pro-Se), 2004].
Cropper. One who is employed to cultivate land, receiving as his compensation a share of the crops. [Abig v. Constantino, GR L-12460. May 31, 1961].
Crossed check. A check crossed with two (2) lines, between which are either the name of a bank or the words “and company,” in full or abbreviated. In the former case, the banker on whom it is drawn must not pay the money for the check to any other than the banker named; in the latter case, he must not pay it to any other than a banker. [Gempesaw v. CA, GR 92244. Feb. 9, 1993, citing Black's Law Dict. 301 (4th Ed.)].
Crop zonification. Geographical delineation of suitable area for the production of specific crops based on the following criteria: soil and climate conditions; infrastructure and support services; and local and external demands within specific periods of time. [Sec. 2, PD 2032]. Cross-claim. 1. Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counter-claim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the cross-claimant. [Sec. 7, Rule 6, RoC]. 2. A pleading which asserts a claim arising out of the same subject action as the original complaint against a co-party, i.e., one co-defendant cross
Cross-examination. Evid. 1. The cross-examination of the witness by the adverse party, upon the termination of the direct examination, as to any matter stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. [Sec. 6, Rule 132, RoC]. 2. The questioning of a witness produced by the other side. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Direct examination.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
267 Crude oil. Also Crude. 1. Oil in its natural state before the same has been refined or otherwise treated, but excluding water, bottoms, sediments and foreign substances. [Sec. 4, RA 8479]. 2. Oil in its natural state before the same has been refined or otherwise treated. It does not include oil produced through destructive distillation of coal, bituminous shales or other stratified deposits, either in its national state or after the extraction of water, and sand or other foreign substances there-from. [Sec. 3, PD 87]. Crude oil exported. This includes not only crude oil exported as such but also indigenous crude oil refined in the Philippines for export. [Sec. 3, PD 87]. Cruel punishment. Punishment which is flagrantly and plainly oppressive, wholly disproportionate to the nature of the offense as to shock the moral sense of the community. [People v. Estoista, GR L-5793. Aug. 27, 1953]. Cruelty. 1. This occurs when the wrong done in the commission of the crime is deliberately augmented by causing another wrong which is not necessary for its
commission. [People v. Llabres, GR 74294-96. Aug. 4, 1993, citing Art. 14 (21), RPC]. 2. The intentional and malicious infliction of physical or mental suffering upon living creatures, particularly human beings; or, as applied to the latter, the wanton, malicious, and unnecessary infliction of pain upon the body, or the feelings and emotions; abusive treatment; inhumanity; outrage. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 199]. Cryogenic. Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings. [Sec. 3, PD 1185]. CSC. See Civil Commission.
Service
CTA. Court of Tax Appeals. Cuadrilla. Sp. 1. A band. 2. More than three armed malefactors acting together in the commission of the offense. [People v. Atencio, GR L-22518. Jan. 17, 1968]. Cuadrilla. Sp. Indispensable components: (a) at least four malefactor and (b) all of the four malefactors are armed. [People v. Apduhan, Jr., GR L-19491. Aug. 30, 1968].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
268 Cuando el marido translade su residencia. Sp. “When the husband shall transfer his residence." A phrase referring to another positive act of relocating the family to another home or place of actual residence. [Romualdez-Marcos, GR 119976. Sep. 18, 1995]. Cuasi-delitos. delict.
See
Quasi-
Cuius est solum, ejus est usque ad caelum et ad inferos. Lat. Who owns the land, owns down to the center of the earth and up to the heavens. This principle of land ownership has been greatly tempered by case law which has limited ownership upwards to the extent necessary to maintain structures. Otherwise, airplanes would trespass incessantly. [LawInfo Legal Dictionary (2005)]. Cujus est dominum ejus est periculum. He who has the ownership suffers the risk. [Moreno’s Law Dict., 2000 Ed., p. 115]. Culibet ex virtute si non ad veleari debeet vincese. Lat. One should prevail by reason of his own strength, and not by reason of his opponent’s weakness. [Moreno’s Law Dict., 2000 Ed., p. 115].
Culpa. Also Negligence or Culpa aquiliana. Sp. Fault. 1. An independent source of obligation between two persons not so formerly bound by any juridical tie. And the civil liability that may arise therefrom is not intended to be merged in the criminal. Thus, where an individual is civilly liable for a negligent act or omission, it is not required that the injured party should seek out a third person criminally liable whose prosecution must be condition precedent to the enforcement of the civil right. [Batangas Laguna Tayabas Bus Co. v. CA, GR L33138-39. June 27, 1975]. 2. Responsibility for wrongdoing. [Intl. Law Dict. & Direct., 2004]. Culpa aquiliana. An independent source of obligation between two persons not so formerly bound by any juridical tie. And the civil liability that may arise therefrom is not intended to be merged in the criminal. Thus, where an individual is civilly liable for a negligent act or omission, it is not required that the injured party should seek out a third person criminally liable whose prosecution must be condition precedent to the enforcement of the civil right. [BLTB Bus Co. v. CA, GR L-33138-39. June 27,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
269 1975]. delict.
See
also
Quasi-
Culpa contractual. The source of liability of those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof. [Claridades, A., Compilation of Notes, 2001-2006]. Culpa extra-contractual. See Quasi-delict. Culpa in eligiendo. Lat. Own negligence in the selection of employees. [Moreno’s Law Dict., 2000 Ed., p. 115]. Culpa in vigilando. Lat. Own negligence in the supervision over one’s employees. [Moreno’s Law Dict., 2000 Ed., p. 115]. Culpa lata. Lat. Gross negligence. It is more than just simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another. [Duhaime's Legal Dict., 2004]. Culpa lata dolo aequiparatur. Lat. Gross negligence is equivalent to intentional wrong. [Balatbat v. CA, GR 109410. Aug. 28, 1996].
Cultivate or culture. Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug. [Sec 3, RA 9165]. Cultivation. The concept is not limited to the plowing or harrowing of the soil as in rice and corn fields. Cultivation includes all activities designed to promote the growth and care of the plants or trees and husbanding the earth, by general industry, so that it may bring forth more products or fruits. [Cuaño v. CA, GR 107159. Sep. 26, 1994]. Cultural properties. Old buildings, monuments, shrines, documents, and objects which may be classified as antiques, relics, or artifacts, landmarks, anthropological and historical sites, and specimens of natural history which are of cultural, historical, anthropological or scientific value and significance to the nation; such as physical, and anthropological, archaeological and ethnographical materials, meteorites and tektites; historical objects and manuscripts; house and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
270 agricultural implements; decorative articles or personal adornment; works of art such as paintings, sculptures, carvings, jewelry, music, architecture, sketches drawings or illustrations in part or in whole; works of industrial and commercial art such as furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood or other heraldic items, metals, coins, medals, badges, insignias, coat of arms, crests, flags, arms, and armor; vehicles or ships or boats in part or in whole. [Sec. 3, RA 4846]. Culture. See Cultivate. Cumulative. Constituted by accumulation; acquiring or increasing in force by successive additions. [Legasto v. CA, GR 7685460. Apr. 25, 1989, citing Oxford Univ. Dict.]. Cumulative constitution. Const. Law. A constitution which is a product of gradual political development. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9]. Compare with Conventional constitution. Cumulative evidence. Evidence which is of the same kind and character as that already given and tends to prove the same
proposition. [Claridades, A., Compilation of Notes, 20012006]. Compare with Corroborative evidence. Cumulative preferred shares. Corp. Law. Those which entitle the holder to payment not only of current dividends but also of back dividends not previously paid, when and if dividends are declared, to the extent stipulated, before holders of common shares are paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Non-cumulative preferred shares. Cumulative sentences. Sentences for two or more crimes to run consecutively, rather than concurrently. [Jurist’s Legal Dict., 2004]. Cumulative voting. 1. Corp. Law. Voting by which a stockholder is entitled to cast such number as the number of shares outstanding entitled to vote in his name times the total number of directors to be elected which shall be equal. [Diaz, Bus. Law Rev., 1991 Ed., p. 258]. 2. Intl. Law. A system of voting by which a voter, having a number of votes equal to the offices to be filled, may concentrate the whole number upon one candidate, or may distribute them as he sees fit. [Intl. Law Dict. & Direct., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
271 Cunnilingus. Legal Med. Sexual gratification attained by licking the female genitalia. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Fellatio. Curative or remedial statutes. They are remedial by curing defects and adding to the means of enforcing existing obligations. The rule in regard to curative statutes is that if the thing omitted or failed to be done, and which constitutes the defect sought to be removed or made harmless, is something the legislature might have dispensed with by a previous statute, it may do so by a subsequent one. Curative statutes are intended to supply defects, abridge superfluities in existing laws, and curb certain evils. They are intended to enable a person to carry into effect that which they have designed and intended, but has failed of expected legal consequence by reason of some statutory disability or irregularity in their own action. They make valid that which, before the enactment of the statute, was invalid. [Frivaldo v. Comelec, GR 120295. June 28, 1996, citing Agpalo, Stat. Con., 2nd Ed. (1990), 270-271].
Currency. All Philippine notes and coins issued or circulating in accordance with the provisions of RA 7653. [Sec. 49, RA 7653]. Current operating expenditures (COE). 1. Appropriations for the purchase of goods and services for current consumption or for benefits expected to terminate within the fiscal year. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. Appropriations for the purchase of goods and services for current consumption within the fiscal year, including the acquisition of furniture and equipment of nominal value usually used in the conduct of normal government operations. [Sec. 14, PD 477]. Current school fees. The tuition and other school fees collected or charged by private schools, colleges and universities as approved, indicated and published in their respective prospectuses, bulletins of information, or catalogues. [Sec. 1, Rule II, PD 451]. Currit tempus contra decides et sui juris contemptores. Lat. Time runs against the slothful and those who neglect their rights. [Moreno’s Law Dict., 2000 Ed., p. 116].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
272 Curtain board. A vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent. [Sec. 3, PD 1185]. Curtilage of dwelling. A space necessary and convenient, habitually used for family purposes and for carrying on a domestic employment. The yard, garden or field which is near to and used in connection with the dwelling. [Moreno’s Law Dict., 2000 Ed., p. 116].
also defined as the detainer of a person by virtue of a lawful authority, or the care and possession of a thing or person. [People v. Donato, GR 79269. June 5, 1991, citing Bouviers Law Dict., 3rd Ed, Vol. I, pp. 741-742]. 2. The actual or constructive possession or control of supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 3. Detaining of a person by lawful process or authority to assure his appearance to any hearing; the jailing or imprisonment of a person convicted of a crime. [Glossary of Legal Terms (Pro-Se), 2004].
Custodia legis. In the custody of the law. [Claridades, A., Compilation of Notes, 2001-2006]. Also In custodia legis.
Custom. A rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory. [Yao Kee v. SyGonzales, 167 SCRA 736 (1988)].
Custodial investigation. Also In custody investigation. Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. [Navallo v. Sandiganbayan, GR 97214. July 18, 1994].
Customary laws. A body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs). [Sec. 4, RA 8371].
Custody. 1. It has been held to mean nothing less than actual imprisonment. It is
Customs. A duty imposed on imports or exports. [Garcia v. Exec. Sec., GR 101273.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
273 July 3, 1992, citing Cooley, on Taxation, p. 3]. Customs duties. 1. The name given to taxes on the importation and exportation of commodities, the tariff or tax assessed upon merchandise imported from, or exported to, a foreign country. [Garcia v. Exec. Sec., GR 101273. July 3, 1992]. 2. Taxes imposed on goods exported from or imported into a country. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 21]. Cutting cycle. The number of years between major harvests in the same working unit and/or region, within a rotation. [Sec. 3, PD 705].
at an accepted equivalent of the performance of an obligation [8 Manresa 324, cited in 4 Tolentino Commentaries & Jurisp. on the Civil Code of the Phil., 282 (1973)]. DAIF. Drawn against insufficient funds. [Claridades, A., Compilation of Notes, 2001-2006]. Daily time record. The record of the time an employee reported for the day. [Moreno’s Law Dict., 2000 Ed., p. 118]. Daily wage. A labor contract whereby a worker is paid daily for his labor alone. [Moreno’s Law Dict., 2000 Ed., p. 118]. Damage and obstruction to means of communication. Crim. Law. The felony committed by any person who shall damage any railway, telegraph or telephone lines, whether or not the damage shall result in any derailment of cars, collision or other accident. [Art. 330, RPC].
-DDacion en pago. Also Adjudication or Dation in payment. The transmission of the ownership of a thing by the debtor to the creditor
Damage. As contradistinguished from Damages. The loss or harm suffered by one person or his property. [Ancheta, The Law on Obligations and Contracts, Rev. Ed., p. 239].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
274 Damages. 1. The sum of money which the law awards or imposes as pecuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortuous act. [Torres, Oblig. & Cont., 2000 Ed., p. 315]. 2. A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. [Duhaime's Legal Dict., 2004]. 3. Money awarded by a court to a person injured by the unlawful actor negligence of another person. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Injury. Damages. Kinds: Damages may be: (a) actual or compensatory; (b) moral; (c) nominal; (d) temperate or moderate; (e) liquidated; or (f) exemplary or corrective. [Art. 2197, CC]. Damnum absque injuria. Lat. 1. Damage without injury. Damage or injury inflicted without injustice. Loss or damage without violation of a legal right. A wrong done to a man for which the law provides no remedy. [Escano v. CA, 100
SCRA 197; Atienza v. Comelec, 239 SCRA 298]. 2. Damage or loss which does not constitute a violation of a legal right or amount to a legal wrong is not actionable. [Globe MacKay v. CA, GR 81262. Aug. 25, 1989]. Damper. A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire. [Sec. 3, PD 1185]. Dance hall. See Cabaret. Dancing school. Any establishment where ballroom dancing is taught and permitted to the public in consideration of an enrollment, admission, membership, or any other fees. [Sec. 1, PD 426]. Dangerous drugs. 1. Those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in RA 9165. [Sec 3, RA 9165]. 2. The term refers to either Prohibited drug or Regulated drug. [Sec. 2, RA 6425].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
275 Dangerous drugs, illegal sale of. Elements: (a) Identity of the buyer and the seller, the object, and consideration; and (b) the delivery of the thing sold and the payment therefor. [People v. Zervoulakos, GR 103975. Feb. 23, 1995]. Dangerous drugs, selling of. Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration. [Sec 3, RA 9165]. Dangerous drugs, trading of. Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of RA 9165. [Sec 3, RA 9165]. Dangerous drugs, use of. Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into
the physiological system of the body, and of the dangerous drugs. [Sec 3, RA 9165]. Dangerous tendency doctrine. The doctrine that states that if the words uttered create a dangerous tendency which the state has a right to prevent, then such words are punishable. It is not necessary that some of the definite or immediate acts or force, violence, or unlawfulness be advocated, It is sufficient that such acts be advocated in general terms. Nor is it necessary that the language used be reasonably calculated to incite persons to acts of force, violence, or unlawfulness. It is sufficient if the natural tendency and probable effect of the utterance be to bring about the substantive evil; which the legislative body seeks to prevent. [Cabansag v. Fernandez, 102 Phil. 152, citing Gitlow v. New York 268 U.S. 652]. Compare with Clear and present danger rule and Balancing test. Daño emergente. Sp. The value of the loss suffered. [Art. 2000, CC]. See also Lucro cesante. Data storage device. A device used to electronically store counting and canvassing results, such as a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
276 memory pack or diskette. [Sec. 2, RA 8436]. Date. Nego. Inst. The date of the instrument or of the acceptance or any indorsement thereon which is deemed prima facie to be the true date of the making, drawing, acceptance, or indorsement, as the case may be. [Sec. 11, NIL]. Dating relationship. A situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. [Sec. 3, RA 9262]. Dation in payment. Also Adjudication or Dacion en pago. The conveyance of ownership of a thing to the creditor as an accepted equivalent of performance of an obligation in money. [Diaz, Bus. Law Rev., 1991 Ed., p. 39]. Dation in payment. Requisites for validity: (a) There must be the performance of the prestation in lieu of payment (animo solvendi) which may consist in the delivery of a
corporeal thing or a real right or a credit against the third person; (b) there must be some difference between the prestation due and that which is given in substitution (aliud pro alio); (c) there must be an agreement between the creditor and debtor that the obligation is immediately extinguished by reason of the performance of a prestation different from that due. [3 Castan, Vol. I, 8th Ed., p. 283, cited in IV Caguioa Comments and Cases in Civil Law, p. 325]. Day certain. The day which must necessarily come, although it may not be known when. [Art. 1193, CC]. Day in court. The affording of an opportunity to be heard. [People v. Retania (95 SCRA 201), citing 11 Words & Phrases Judicially Defined, par. 119 and 120]. Dead freight. Mar. Law. A charge imposed on a charterer when a chartered ship has less than a full load. [Intl. Law Dict. & Direct., 2004]. Deadlock. Labor. 1. The counteraction of things producing entire stoppage: a state of inaction or of neutralization caused by the opposition of persons or of factions (as in government
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
277 or a voting body); standstill. [Webster's 3rd New Intl. Dict., 1986 Ed., p. 580]. 2. A complete blocking or stoppage resulting from the action of equal and opposed forces; as, the dead-lock of a jury or legislature. [Webster's New 20th Century Dict., 2nd Ed., p. 465]. 3. The word is synonymous with the word impasse, [Burton's Legal Thesaurus, 1980 Ed., p. 133] which, within the meaning of the American federal labor laws, presupposes reasonable effort at good faith bargaining which, despite noble intentions, does not conclude in agreement between the parties. [NLRB v. Bancroft, 635 F. 2d 492 (1981)]. Deadlock bar rule. Labor. The rule (which) simply provides that a petition for certification election can only be entertained if there is no pending bargaining deadlock submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. The principal purpose is to ensure stability in the relationship of the workers and the management. [NACUSIP v. Trajano, GR 67485. Apr. 10, 1992]. Deadly weapon. Any weapon or instrument made and
designed for offensive or defensive purposes, or for the destruction of life or the infliction of injury; or one which, from the manner used, is calculated or likely to produce death or serious bodily harm. [People v. Alfeche, GR 124213. Aug. 17, 1998, citing Black's Law Dict., 5th Ed., 359]. Dead man statute. Also Survivorship disqualification rule. Evid. The rule that parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. [Sec. 23, Rule 130, RoC]. Dead slow ahead. A maritime maneuver equivalent to three to four miles per hour. [Moreno’s Law Dict., 2000 Ed., p. 120]. Deal. To do a distributing or retailing business or to have intercourse on business
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
278 relations. [Asbestos Integrated Manufacturing, Inc. v. Peralta, GR L-45515. Oct. 29, 1987, citing Webster's New Collegiate Dict.]. Dealer. 1. Any person who buys sells securities for his own account in the ordinary course of business. [Sec. 3, RA 8799]. 2. Any person, whether natural or juridical, who is engaged in the marketing and direct selling of petroleum products to motorists, end users, and other consumers. [Sec. 4, RA 8479]. 3. One whose business is to buy and sell merchandise, goods, and chattels as a merchant. He stands immediately between the producer or manufacturer and the consumer and depends for his profit not upon the labor he bestows upon his commodities but upon the skill and foresight with which he watches the market. [Sec. 131, RA 7160]. 4. He is not one who buys to keep or makes to sell, but one who buys to sell again. [Ah Nam v. City of Manila, 109 Phil. 808]. Dealer in securities. 1. A merchant of stocks or securities, whether an individual, partnership or corporation, with an established place of business, regularly engaged
in the purchase of securities and the resale thereof to customers; that is, one who, as a merchant, buys securities and re-sells them to customers with a view to the gains and profits that may be derived therefrom. [Sec. 22, NIRC, as amended]. 2. All persons who for their own account are engaged in the sale of stock, bonds, exchange, bullion, coined money, bank notes, promissory notes, or other securities. [Sec. 1, PD 426]. Deal in. To have to do, be concerned, or occupied (with or in), to conduct oneself, to behave or act in any affair or toward anyone, to take action. [Moreno’s Law Dict., 2000 Ed., p. 121]. Death. 1. The irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem. [Sec. 2, RA 7170]. 2. Loss of life resulting from injury or sickness. [Art. 167, LC]. Death by accidental means. Death caused by some act of the deceased not designed by him, and not intentionally done by him. [Moreno’s Law Dict., 2000 Ed., p. 122]. Death caused in a tumultuous affray. Crim.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
279 Law. The felony committed when, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased. [Art. 251, RPC]. Death caused in a tumultuous affray. Elements: That: (a) there be several persons; (b) that they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; (c) these several persons quarreled and assaulted one another in a confused and tumultuous manner; (d) someone was killed in the course of the affray; (e) it cannot be ascertained who actually killed the deceased; and (f) that the person or persons who inflicted serious physical injuries or who used violence can be identified. [Sison v. People, GR 108280-83. Nov. 16, 1995, citing II Reyes, Rev. Penal Code, 436 (1993)]. Death or physical injuries inflicted under exceptional circumstances. Crim. Law.
The felony committed by any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury. [Art. 247, RPC]. Death penalty. This is the most severe form of corporal punishment as it is requires law enforcement officers to kill the offender. [Claridades, A., Compilation of Notes, 2001-2006]. Also known as Capital punishment. Death Penalty Law. RA 7659 entitled “An Act to impose the death penalty on certain heinous crimes, amending for that purpose the revised penal laws, and for other purposes” enacted on Dec. 13, 1993. Debenture bonds. Corp. Law. Bonds not secured by any specific property but by the general credit of the issuing corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Debenture shares. Corp. Law. Those which are more of certificates of indebtedness not guaranteed by any property of the issuing corporation.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
280 [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Debit. A sum charged as due or owing. An entry made on the asset side of a ledger or account. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 210]. Compare with Credit. Debitum pro debito. Lat. New debt for old debt. Basically, extinguishing the old obligation for the new one. [Reyes v. CA, GR 120817. Nov. 4, 1996]. Debt. An obligation to pay money at some fixed future time, or at a time which becomes definite and fixed by acts of either party and which they expressly or impliedly, agree to perform in the contract. [Lirag Textile v. SSS, GR L-33205. Aug. 31, 1987]. Debt bondage. The pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. [Sec. 3, RA 9208]. Debtor. 1. A person who owes money, goods or services to another, the
latter being referred to as the creditor. 2. One who owes a debt to another. [Glossary of Legal Terms (Pro-Se), 2004]. Decedent. 1. The general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. [Art. 775, CC]. 2. The deceased person whose estate is under consideration. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Deceit. The false representation of a matter of fact whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury. [People v. Castillo, 76 Phil. 72 (1946)]. Deceits, other. Crim. Law. The felony committed by any person who shall defraud or damage another by any other deceit not mentioned in Art. 317 of the Rev. Penal Code; or by any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
281 other similar manner. [Art. 318, RPC]. Decentralization. Pol. Law. Devolution of national administration — but not power — to the local levels. [Ganzon v. CA, GR 93252. Aug. 5, 1991]. Compare with Devolution. Decentralization of administration. Pol. Law. The delegation by the central government of administrative powers to political subdivisions in order to broaden the base of government power and in the process to make local governments more responsive and accountable and ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social progress. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989, citing Art. XI, Sec. 1 and Art X, sec. 3, 1987 Const., and Sec. 2, BP 337]. Decentralization of power. Pol. Law. An abdication of political power in favor of local governments units declared to be autonomous. In that case, the autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authorities.
According to a constitutional author, decentralization of power amounts to selfimmolation, since in that event, the autonomous government be-comes accountable not to the central authorities but to its constituency. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989, citing Bernas, "Brewing storm over autonomy," The Manila Chronicle, pp, 4-5]. Decibel. A measure of the intensity or level of sound. [Moreno’s Law Dict., 2000 Ed., p. 123]. Decision. 1. The whole or any part of the final disposition, not of an interlocutory character, whether affirmative, negative, or injunctive in form, of an agency in any matter, including licensing, rate fixing and granting of rights and privileges. [Sec. 2, Chap. 1, Book VII, EO 292]. 2. The opinion of the court in concluding a case at law. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The determination of the court which disposes of the case after hearing the parties. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Declaration. Intl. Law. (a) The title of a body of stipulations of a treaty, according to which the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
282 parties undertake to pursue in the future a certain line of conduct; (b) A unilateral statement which may create rights and duties for other States; and (c) a description of an action taken when a State communicates with other States, or an explanation and justification of a line of conduct pursued by them in the past, or an explanation of views and intentions concerning certain matters. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Declaration against interest. Evid. 1. The declaration made by a person deceased, or outside of the Philippines, or unable to testify, against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to the declarant's own interest, pecuniary or moral, that a reasonable man in his position would not have made the declaration unless he believed it to be true, which may be received in evidence against himself or his successors-in-interest and against third persons. [Sec. 38, Rule 130, RoC]. 2. A declaration against the interest of the person making it which is admissible in evidence, notwithstanding its hearsay character, if the declaration is relevant and
the declarant has died, become insane, or for some other reason is not available as a witness. The true test in reference to the reliability of the declaration is not whether it was made ante litem motam, as is the case with reference to some classes of hearsay evidence, but whether the declaration was uttered under circumstances justifying the conclusion that there was no probable motive to falsify. [Fitzsimmons v. Atlantic, Gulf & Pacific Co., GR L-2016. Aug. 23, 1949, citing 20 Am. Jur., Evid., Sec. 556, pp. 467468]. Compare with Selfserving declarations. Declaration against interest. Evid. Requisites for admissibility: (a) the declarant must not be available to testify; (b) the declaration must concern a fact cognizable by the declarant; and (c) the circumstances must render it improbable that a motive to falsify existed. [GR 111692. Feb. 9, 1996]. Declaration of presumptive death. Requisites: 1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Art. 391, Civil Code; 2. That
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
283 the pre-sent spouse wishes to remarry; 3. That the present spouse has a wellfounded belief that the absentee is dead; and 4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee. [Rep. v. Nolasco, GR 94053. Mar. 17, 1993]. Declaration of trust. An act by which a person acknowledges that the property, title to which he holds, is held by him for the use of another [De Leon v. Molo-Peckson, GR L-17809. Dec. 29, 1962, citing Griffith v. Maxfield, 51 S.W. 832, 66 Ark. 513, 521]. Declaratory act. An act declaratory of what the law was before its passage, so as to give it any binding weight with the courts. A legislative definition of a word as used in a statute is not conclusive of its meaning as used elsewhere; otherwise, the legislature would be usurping a judicial function in defining a term. [Endencia v. David, GR L-6355-56. Aug. 31, 1953, citing 11 Am. Jur., 914]. Declaratory doctrine. Intl. Law. Doctrine that holds that the legal existence of a state or government happens automatically by operation
of law. [Intl. Law Dict. & Direct., 2004]. Declaratory judgment. Rem. Law. A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights. [Glossary of Legal Terms (Pro-Se), 2004]. Declaratory relief. Rem. Law. 1. An action which any person interested under a deed, will, contract, or other written instrument, or whose rights are affected by a statute, executive order or regulation, or ordinance, may, before breach or violation thereof, bring to determine any question of construction or validity arising under the instrument or statute and for a declaration of their rights or duties thereunder. [Mirando v. Wellington Ty & Bros., GR L-44062. Feb. 16, 1978]. 2. Preventive and anticipatory remedy whereby a person asks the court to declare his rights or duties under a contract or law. There is no breach of contract or violation of law but there is a genuine controversy thereunder. What makes this special civil action distinct is that the court only makes a declaration about the rights or duties of the parties, but no executory process follows. [Claridades, A.,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
284 Compilation of Notes, 20012006]. Declaratory relief. Rem. Law. Requisites: (a) the existence of a justiciable controversy; (b) the controversy is between persons whose interests are adverse; (c) that the party seeking the relief has a legal interest in the controversy; and (d) that the issue invoked is ripe for judicial determination. [Intl. Hardwood v. UP, 200 SCRA 554, 569 (1991); Galarosa v. Valencia, 227 SCRA 728, 737 (1993)]. Declared absence. The judicial declaration of absence of a person after the lapse of two years without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property. [Art. 384, CC]. Compare with Provisional absence. Decline. To take a downward direction. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997, citing Webster, New 3rd Intl. Dict., 1993 Ed., p. 586]. Decompensated state. The condition resulting from the failure of the heart to circulate the blood
adequately. The failure may be due to heart disease, obstruction in the blood vessels, etc. The condition is marked by edema (swelling), shortness of breath (dyspnea), discoloration of the skin, etc. [Marte v. ECC, GR L-46362. Mar. 31, 1980, citing Schmidt's Atty.’s Dict. of Med., p. 215]. Decree. 1. A formal declaration of a court or other competent authority and is usually in written form. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. An order of the court. A final decree is one that fully and finally disposes of the litigation. [Glossary of Legal Terms (Pro-Se), 2004]. Decree of Registration. A decree issued and entered by the (Land Registration Authority), pursuant to an order of the court after the decision rendered by it in a registration case has become final. [Claridades, A., Compilation of Notes, 2001-2006]. It is properly called a Judicial decree. Deductible clause. A clause in an insurance policy providing that the insured will absorb the first part of the loss (e.g., first P500) with the insurer paying the excess. [Moreno’s Law Dict., 2000 Ed., p. 124].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
285 Deed. 1. A document which transfers ownership of real property. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. A written and signed document which sets out the things that have to be done or recognitions of the parties towards a certain object. [Duhaime's Legal Dict., 2004]. Deed of warranty. Also Warranty deed. A deed which guarantees that the title conveyed is good and its transfer rightful. [Glossary of Legal Terms (Pro-Se), 2004]. Deem. To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. For example, in matters of child support, a decision of a foreign court could be deemed to be a decision of the court of another for the purpose of enforcement. [Duhaime's Legal Dict., 2004]. Deemed paid tax credit. A tax credit granted to a foreign mother corporation for the amount of dividend tax actually paid (i.e., withheld) from the dividend remittances by the local corporation to its mother corporation. [Moreno’s Law Dict., 2000 Ed., p. 124].
Deep seabed. The seabed and ocean floor and its subsoil beyond the limits of national jurisdiction (also called the area). [Intl. Law Dict. & Direct., 2004]. Deep-sea fishing. Commercial fishing in sea and inland waters using any tonnage of fishing vessels of our three tones gross capacity, licensed by the Bureau of Fisheries. [Sec. 2, RA 4095]. Deface. To destroy, to efface or erase. [Moreno’s Law Dict., 2000 Ed., p. 124]. Defacing or tampering with a serial number. The erasing, scratching, altering or changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number. [Sec. 2, RA 6539]. De facto. Lat. As a matter of fact. Something which, while
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
286 not necessarily lawful or legally sanctified, exists in fact. A common law spouse may be referred to a de facto wife or de facto husband: although not legally married, they live and carry on their lives as if married. A de facto government is one which has seized power by force or in any other unconstitutional method and governs in spite of the existence of a de jure government. [Duhaime's Legal Dict., 2004]. De facto corporation. A corporation claiming in good faith to be a corporation under the Corporation Code. Its due incorporation and its right to exercise corporate powers shall not be inquired into collaterally in any private suit to which such corporation may be a party. Such inquiry may be made by the Solicitor General in a quo warranto proceeding. [Sec. 20, Corp. Code]. Compare with De jure corporation. De facto dissolution. Corp. Law. One which takes place in substance and in fact when the corporation by reason of insolvency, cessation of business or otherwise, suspends all operation and it goes into liquidation still retaining its primary franchise to be a
corporation. [Moreno’s Law Dict., 2000 Ed., p. 120]. De facto government. Pol. Law. 1. That government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter; or, that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force (more aptly denominated as Government of paramount force). [Co Chan v. Tan Keh, 75 Phil. 113. Sep. 17, 1945]. 2. (a) An unrecognized government; especially one that has not been formally recognized. (b) An effective government; one that is in factual control of a territory and people. (c) A government that maintains itself, at least temporarily, by the use of force against the will of a de jure government. [Intl. Law Dict. & Direct., 2004]. Compare with De jure government. De facto officer. Admin. Law. An officer who derives his appointment from one having colorable authority to appoint, if the office is an appointive office, and whose
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
287 appointment is valid on its face. One who is in possession of an office, and is discharging its duties under color of authority, by which is meant authority derived from an appointment, however irregular or informal, so that the incumbent be not a mere volunteer. [Dimaandal v. COA, GR 122197. June 26, 1998, citing Phil. Law Dict., p. 162]. De facto separation. A separation of the spouses without any agreement. [Moreno’s Law Dict., 2000 Ed., p. 120]. Defalcation. 1. Defaulting on a debt or other obligation such to account for public or trust funds. Usually used in the context of public officials. 2. Defalcation has another legal meaning referring to the setting-off of two debts owed between two people by the agreement to a new amount representing the balance. [Duhaime's Legal Dict., 2004]. Defamation. 1. An attack on the good reputation of a person, by slander or libel. [Duhaime's Legal Dict., 2004]. 2. That which tends to injure a person's reputation. [Jurist’s Legal Dict., 2004]. See Libel and Slander.
Default. 1. Civ. Law. The nonperformance of a duty, whether arising under a contract or otherwise. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. Rem. Law. Failure of the defendant to appear and answer the summons and complaint. [Glossary of Legal Terms (Pro-Se), 2004]. Default. Civ. Law. Requisites: (a) that the obligation be demandable and already liquidated; (b) that the debtor delays performance; and (c) that the creditor requires the performance judicially and extrajudicially. [SSS v. Moonwalk Devt. & Housing Corp., GR 73345. Apr. 7, 1993]. Default. Rem. Law. Remedies available to a defaulted party. Under the Rules of Court, there are several remedies available to a defaulted party, namely: (a) A party declared in default may, at anytime after notice thereof and before judgment, file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence, and that he has a meritorious defense [Sec. 3 (b), Rule 9]; (b) If the judgment has already been rendered when the defendant discovered
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
288 the default, but before the same has become final and executory, he may file a motion for new trial under Sec. 1 (a) of Rule 37; (c) If the defendant discovered the default after the judgment has become final and executory, he may file a petition for relief under Sec. 2, Rule 38; and (d) He may also appeal provided the decision is not yet final, from the judgment rendered against him as contrary to the evidence or to the law, even if no motion to set aside the order of default had been presented by him. [Tiburcio v. Castro GR L58997, May 28, 1988, as modified by the 1997 Rules of Civil Proc.]. Default declaration. If the defending party fails to answer with-in the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. [Sec. 3, Rule 9, RoC]. Default judgment. A judgment entered against a
party who fails to appear in court or respond to the charges. [Glossary of Legal Terms (Pro-Se), 2004]. Default or delinquency charge. With respect to a consumer credit transaction, the penalty charge payable by the consumer-debtor for failure to pay an amount or installment in full on the date the same becomes due and demandable, or on or before the period specified for the purpose in the consumer credit sale documents. [Art. 4, RA 7394]. Default order, effect of. 1. A party in default shall be entitled to notice of subsequent proceedings, but not to take part in the trial. [Sec. 3(a), Rule 9, RoC]. 2. A defendant who has been declared in default loses his standing in court as party litigant. Before the order of default is vacated, said defendant has no right to expect that his pleadings would be acted upon by the court. [Tan v. Dimayuga, GR L-15241. July 31, 1962]. Defeasance. A side-contract which contains a condition which, if realized, could defeat the main contract. The common English usage of the word Defeasance has also become acceptable in law, referring to a contract
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
289 that is susceptible to being declared void as in “immoral contracts are susceptible to defeasance." [Duhaime's Legal Dict., 2004]. Defective bid. A bid which complies with the advertised descriptions and specifications but not with the terms and conditions in the invitation to bid. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Defendant. 1. The term may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the 3rd (4th, etc.) party defendant. [Sec. 1, Rule 3, RoC]. 2. The person, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff. [Duhaime's Legal Dict., 2004]. 3. The person defending or denying a suit. [Glossary of Legal Terms (Pro-Se), 2004]. Defense. That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks.
That which is put forward to diminish plaintiff’s cause of actio or defeat recovery. Evidence offered by accused to defeat criminal charge. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 218]. Defense of property. Affirmative defense in criminal law or tort law where force was used to protect one's property. [Jurist’s Legal Dict., 2004]. Defense of relatives. Elements: (a) Unlawful aggression; (b) reasonable necessity of the means employed to prevent or repel it; and (c) the person defending the relative had no part in provoking the assailant, should due provocation have been given by the person attacked. [People v. Agapinay, GR 77776. June 27, 1990]. Defense of stranger. Elements: (a) unlawful aggression; (b) reasonable necessity of the means employed to prevent or repel it; and (c) the person defending be not induced by revenge, resentment, or other evil motive. [Masipequiña v. CA, GR L51206. Aug. 25, 1989]. Defensive wound. Hand wound produced by defensive grappling to avoid more serious wounds, such
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
290 as one who would normally use his hands in parrying off the thrust or stabbing blow of an assailant. [Moreno’s Law Dict., 2000 Ed., p. 125]. Deferred shares. Corp. Law. Those which are entitled to dividends after payment of holders of common shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Deficiency. (a) The amount by which the tax imposed by this Chapter II of RA 84824 exceeds the amount shown as the tax by the donor upon his return; but the amount so shown on the return shall first be increased by the amount previously assessed (or collected without assessment) as a deficiency, and decreased by the amounts previously abated, refunded or otherwise repaid in respect of such tax, or (b) if no amount is shown as the tax by the donor, then the amount by which the tax exceeds the amounts previously assessed (or collected without assessment) as a deficiency, but such amount previously assessed, or collected without assessment, shall first be decreased by the amount previously abated, refunded or otherwise repaid in respect of such tax. [Sec. 104, NIRC, as amended].
Deficiency judgment. A judgment for the balance of the indebtedness after applying the proceeds of the sale of the mortgaged property to such indebtedness and is necessarily filed after the fore-closure proceedings. [Caltex Phils. v. IAC, GR 74730. Aug. 25, 1989]. Deficient. Incomplete; defective; not sufficient in quantity or force. [Glossary of Legal Terms (Pro-Se), 2004]. Definitive judgment. 1. A judgment no longer subject to change, revision, amendment, or reversal [Miranda v. CA, 71 SCRA 295 (1976)], and the court loses jurisdiction over it, except to order its execution. [PY Eng Chong v. Herrera, 70 SCRA 130 (1976)]. 2. A decision (which) must purport to decide finally the rights of the parties upon the issue submitted, by specifically denying or granting the remedy sought by the action. [Cu Unjieng E. Hijos v. The Mabalacat Sugar Co., 70 Phil. 39 (1940), citing 33 CJ, 1102]. Deflation. The reduction in volume and circulation of the available money or credit, resulting in a de-cline of the general price level. It is the opposite of inflation. [Diaz,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
291 Bus. Law Rev., 1991 Ed., p. 41].
PD 932] Compare with Nondegree programs.
Deflation of currency. See Extraordinary inflation.
Dehors. Fr. Outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate. [Duhaime's Legal Dict., 2004].
Defloration. Legal Med. The laceration or rupture of the hymen as a result of sexual intercourse. [Olarte, Legal Med., 1st Ed. (2004), p. 124]. Deforciant. 1. A party who fails and refuses to turn over what in law belongs to another. [Moreno’s Law Dict., 2000 Ed., p. 125]. 2. A tenant withholding the property unlawfully "after the expiration or termination of the right to hold possession by virtue of any contract, express or implied. [Co Tiamco v. Diaz, GR L-7. January 22, 1946]. Deformity or disfigurement. Visible ugliness, permanent and visible physical abnormality. [People v. Balubar, GR 40940. Oct. 9, 1934, citing 5 Viada, Codigo Penal Comentado, 144]. Defunct. A corporation no longer operative; having ceased to exist. [Glossary of Legal Terms (Pro-Se), 2004]. Degree programs. College and university courses leading to at least a Bachelor's degree. [Sec. 1,
De jure. Lat. Of the law. Total adherence of the law. For example, a de jure government is one which has been created in respect of constitutional law and is in all ways legitimate even though a de facto government may be in control. [Duhaime's Legal Dict., 2004]. De jure corporation. A corporation exiting in fact and in law. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with De facto corporation. De jure government. 1. A recognized government. [Claridades, A., Compilation of Notes, 2001-2006]. 2. A government established according to the constitution of the state and lawfully entitled to recognition. [Intl. Law Dict. & Direct., 2004]. Compare with De facto government. Delay. Also Mora. The failure to perform an obligation on the date specified after a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
292 judicial or extra-judicial demand which failure amounts to a violation of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Delay. To prolong the time of or before; to stop, detain or hinder for a time, or cause someone or something to be behind in schedule or usual rate of movement in progress. [Lufthansa German Airlines v. CA, GR 83612. Nov. 24, 1994, citing Webster's 3rd New Intl. Dict., p. 595]. Delay. Kinds: (a) mora solvendi or the delay on the part of the debtor to fulfill his obligation (to give or to do); mora accipiendi or the delay on the part of the creditor to accept the performance of the obligation; and (c) compensatio morae or delay committed by both parties in reciprocal obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Delaying release. Crim. Law. The felony committed by any public officer or employee who delays for the period of time specified in Art. 124 of the Rev. Penal Code the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said
prisoner or the proceedings upon any petition for the liberation of such person. [Art. 126, RPC]. Delay in the delivery of detained persons to the proper judicial authorities. Crim. Law. The felony committed by a public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. [Art. 125, RPC]. Delectus personae. Lat. Choice of the person. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 221]. Delectus personae doctrine. The doctrine that allows the partners to have the power, although not necessarily the right, to dissolve the partnership. [Ortega v. CA, GR 109248. July 3, 1995].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
293 Delectus personarum principle. Under this principle, it is required that for a partner to associate another with him in his share in the partnership, the consent of all the partners is necessary. This is because of the mutual trust among the partners and that this is the case of subjective novation when there is a change in the parties to a contract. Their consent thereto is necessary in order to bind them. [Albano, Civil Law Reviewer, Rev. Ed., p. 412, citing Art. 1804, CC]. Delegacion. 1. A form of novation whereby the debtor offers and the creditor accepts a third person who consents to the substitution and assumes the obligation, so that the intervention and the consent of these three persons are necessary. [De Cortes v. Venturanza, GR L26058. Oct. 28, 1977, citing 8 Manresa 436-437, cited in IV Civil Code of the Phil. by Tolentino, 1962 Ed., p. 360]. 2. A kind of novation by which the original debtor, in order to be liberated from his creditor, gives him a third person who becomes obliged in his stead to the creditor. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Compare with Expromision. Delegated Jurisdiction
jurisdiction. given to a
person, as distinguished from ordinary jurisdiction which is attached by law to an office. [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Regist. Comm., GR L-8451. Dec. 20, 1957]. Compare with Ordinary jurisdiction. Delegation of legislative power. The statutory grant of rule-making power to administrative agencies (which is) a valid exception to the rule on non-delegation of legislative power provided two conditions concur, namely: a) the statute is complete in itself, setting forth the policy to be executed by the agency, and b) said statute fixes a standard to which the latter must conform. [Cebu Inst. Of Tech. V. Ople, GR L-58870. Dec. 18, 1987]. Delegatus non potest delegare. Also Delegati potestas non potest delegare. Lat. A delegated power may not be further delegated. 1. One of the pivotal principles of administrative law: that a delegate cannot delegate. In other words, a person to whom an authority or decision-making power has been delegated to from a higher source, cannot, in turn, delegate again to another, unless the original delegation explicitly
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
294 authorized it. [Duhaime's Legal Dict., 2004]. 2. The person to whom an office or duty is delegated cannot lawfully devolve the duty on another. [City Lumber v. Domingo, GR L-18611. Jan. 30, 1964]. Delict. From Lat. delictum: a fault. Any private wrong or injury, or a minor public wrong or injury. [Intl. Law Dict. & Direct., 2004]. Delinquency. 1. Failure or omission of duty, a fault, a misdeed, an offense, a misdemeanor, a crime. [Padilla v. City of Pasay, GR L-24039. June 29, 1968]. 2. The commission of an illegal act by a juvenile. [Jurist’s Legal Dict., 2004]. Delinquency charge. Default charge.
See
Delito complejo. Sp. A crime arising from an offense being a necessary means for committing another, which is referred to in the second clause of Art. 48, Rev. Penal Code. [Ponce-Enrile v. Salazar, GR 92163. June 5, 1990]. Sp. See Complex crime proper. Delito compuesto. Sp. The complex crime defined under the first clause of Art. 48. of the Rev. Penal Code. It arises from a single physical act resulting in simultaneous
(or almost simultaneous) injury to two (2) or more victims. [People v. Mision, GR 63480. Feb. 26, 1991]. See Compound crime. Delito continuado. Sp. Continued or continuous crime. In appearance, a delito continuado consists of several crimes but in reality there is only one crime in the mind of the perpetrator. [Defensor-Santiago v. Garchitorena, GR 109266. Dec. 2, 1993, citing Guevarra, Commentaries on the Rev. Penal Code, 1957 Ed., p. 102]. Delito continuado. Sp. Requisites: There should be a (a) plurality of acts performed during a period of time; (b) unity of penal provision violated; and (c) unity of criminal intent or purpose, which means that two or more violations of the same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same criminal purpose or aim. [Defensor-Santiago v. Garchitorena, GR 109266. Dec. 2, 1993, citing II Derecho Penal, p. 520; I Aquino, Rev. Penal Code, 630, 1987 Ed.]. Delito de habito. Sp. Habitual delinquency. [People v. Blanco, GR L2700. Jan. 13, 1950].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
295 Deliver (a dangerous drug). 1. Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. [Sec 3, RA 9165]. 2. A person's act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. [Sec. 2, RA 6425]. Delivered price. See Cash price. Delivery. Also Tradition. 1. Voluntary transfer of possession from one person to another. [Sec. 58, Act 2137]. 2. Transfer of possession, actual or constructive, from one person to another. [Sec. 191, NIL]. 3. The act by which the res or subject is placed in the actual or constructive possession or control of another. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993]. Delivery now, pay later. An arrangement between buyer and seller which is in essence sales on account. [Moreno’s Law Dict., 2000 Ed., p. 127]. Delivery of personal property. See Replevin.
Delivery of prisoners from jails. Crim. Law. The felony committed by any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. [Art. 156, RPC]. Del tiempo de su condena. Sp. From the period of his sentence. [Baking v. Dir. of Prisons, GR L-30364. July 28, 1969]. Delusions. Legal Med. 1. False ideas that cannot be corrected by reasoning, and that are idiosyncratic for the patient - that is, not part of his cultural environment. They are among the common symptoms of schizophrenia. [People v. Rafanan, GR 54135. Nov. 21, 1991]. 2. A false or erroneous belief in something which is not a fact. [Olarte, Legal Med., 1st Ed. (2004), p. 148]. Delusion test. Legal Med. The test under which an insane person believes in a state of things, the existence of which no rational person would believe. [People v. Dungo, GR 89420. July 31, 1991]. Compare with Irresistible impulse test and Right and wrong test.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
296 Demand. 1. The assertion of a legal right; a legal obligation asserted in court. An imperative request preferred by one person to another, under a claim of right, requiring the latter to do or yield something or to abstain from some act. 2. To request payment of a debt or amount due. [Black’s Law Dict., Abr. 5th Ed. (1983), pp. 223-224]. 3. In the rescission of a sale of immovable property, (the term) refers to an authentic notice that the vendor takes the option of resolving the contract, or if it pleases him, to harmonize their spirit with the letter of the Civil Code, to a demand that the vendor makes upon the vendee for the latter to agree to the resolution of the obligation and to create no obstacle to this contractual mode of extinguishing obligations. [Moreno’s Law Dict., 2000 Ed., p. 127]. Demand deposits. All those liabilities of the Bangko Sentral and of other banks which are denominated in Philippine currency and are subject to payment in legal tender upon demand by the presentation of checks. [Sec. 58, RA 7653]. Demand draft. A bill of exchange payable on demand. [Rep. v. PNB, GR L16106. Dec. 30, 1961, citing
Arnd v. Aylesworth, 145 Iowa 185]. Demand letter. A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in default. Demand letters are not always prerequisites for a legal suit but there are exceptions such as legal action on promissory notes or if the contract requires it. Basically, a demand letter sets out why the payment or action is claimed, how it should be carried out (e.g., payment in full), directions for the reply and a deadline for the reply. Demand letters are often used in business contexts because they are a courtesy attempt to maintain some goodwill between business parties and they often prompt payment, avoiding expensive litigation. A demand letter often contains the threat that if it is not adhered to, the next communication between the parties will be through a court of law in the form of formal legal action. [Duhaime's Legal Dict., 2004]. Demarcated areas. Fisheries Law. Boundaries defined by markers and assigned exclusively to specific individuals or organizations for certain specified and limited uses such as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
297 aquaculture, sea ranching and sea farming; fish aggregating devices; fixed and passive fishing gears; and fry and fingerlings gathering. [Sec. 4, RA 8550]. Demarche. Intl. Law . A word coined by the diplomatic community and referring to a strongly worded warning by one country to another and often, either explicitly or implicitly, with the threat of military consequence. Demarches are often precursors to hostilities or war. In Sep. 1996, for example, US President Clinton issued a demarche to Iraqi President Saddam Hussein when intelligence reports showed troops massing along the border of Kurd communities. [LawInfo Legal Dictionary (2005)]. Demeanor. As respects a witness or other person, relates to physical appearance; outward bearing or behavior. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 224]. Dementia. Legal Med. A form of insanity resulting from degeneration or disorder of the brain characterized by general mental weakness, forgetfulness, loss of coherence and total inability to reason but not accompanied by delusion or uncontrollable impulse.
[Olarte, Legal Med., 1st Ed. (2004), p. 147]. Dementia senilis. Legal Med. The phrase signifies only a general weakening of a mind previously normal. [Claridades, A., Compilation of Notes, 2001-2006]. De minimis non curat lex. Lat. The law takes no account of trifles. A common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law. [Matute v. Cheong Boo, GR L-11109. Jan. 7, 1918]. Demise. A conveyance of an estate to another for life, for years, or at will. A lease or conveyance for a term of years. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 224]. Demise charter. Also Bareboat. Mar. Law. 1. A charter involving the transfer of full possession and control of the vessel for the period covered by the contract, the charterer obtaining the right to use the vessel and carry whatever cargo it chooses, while manning and supplying the ship as well. [Maritime Agencies & Services, Inc. v. CA, GR 77638. July 12, 1990]. 2. In modern maritime law and usage, a charter party where the shipowner turns over possession of his vessel to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
298 the charterer, who then undertakes to provide a crew and victuals and supplies and fuel for her during the term of the charter. The shipowner is not normally required by the terms of a demise charter to provide a crew, and so the charterer gets the "bare boat", i.e., without a crew. [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989, citing Scrutton on Charter Parties, Sec. 4, p. 45 (18th Ed., 1974)]. Demise of real property. Lease of an unfurnished house. [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989]. Democracy. That form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from monarchy, aristocracy, or oligarchy. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 224]. Democratic form of government. Pol. Law. A form of government which requires that political rights be enjoyed by the citizens regardless of social or economic distinctions. [Maquera v. Borra, GR L24761. Sep. 7, 1965, Bengzon, Concurring Op.].
Demolish. To raze, level, ruin, wreck, destroy, wipe out. [Moreno’s Law Dict., 2000 Ed., p. 128]. Demotion. The movement from one position to another involving the issuance of an appointment with diminution in duties, responsibilities, status or rank which may or may not involve reduction in salary. [Sec. 11, Rule VII of the Omnibus Rules Implementing Book V of EO 292]. Demurrage. 1. In its strict sense, it is the compensation provided for in the contract of affreightment for the detention of the vessel beyond the time agreed on for loading and unloading. Essentially, demurrage is the claim for damages for failure to accept delivery. In a broad sense, every improper detention of a vessel may be considered a demurrage. [Magellan Mfg. v. CA, GR 99529, Aug. 22, 1991, 201 SCRA 102]. 2. A charge made by a ship owner when a charterer keeps a ship idle for more than the agreedupon lay days. [Intl. Law Dict. & Direct., 2004]. Demurrer. Rem. Law. 1. An allegation that, admitting the facts of the preceding pleading to be true, as stated by the party making
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
299 it, he has yet shown no cause why the party demurring should be compelled by the court to proceed further. [Liquete v. Dario, GR 1341. Nov. 8, 1905]. 2. A motion put to a trial judge after the plaintiff has completed his case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defense, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence. [Duhaime's Legal Dict., 2004]. 3. A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer. [Jurist’s Legal Dict., 2004]. Demurrer to evidence. Rem. Law. A motion to dismiss filed by the accused on the ground of insufficiency of evidence after the prosecution has rested its case, thus waiving his right to present evidence and submitting the case for judgment on the basis of the evidence for the prosecution. [Godoy v. CA, GR L-80814. Aug. 30, 1988]. Den, dive or resort. A place where any dangerous drug and/or con-trolled precursor and essential chemical is administered, delivered, stored for illegal purposes,
distributed, sold or used in any form. [Sec 3, RA 9165]. Denial of justice. A gross deficiency in the administration of justice. [Intl. Law Dict. & Direct., 2004]. Denomination. A religious sect having a particular name. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. De novo. Lat. New. This term is used to refer to a trial which starts over, which wipes the slate clean and begins all over again, as if any previous partial or complete hearing had not occurred. [Duhaime's Legal Dict., 2004]. De novo hearing. Hearing de novo.
See
Dentistry, practice of. A person shall be regarded as engaged in the practice of dentistry or rendering dental service, within the meaning and intent of this Act, who shall, for a fee, salary, compensation, or any form of reward, paid to him or through another, or even without such compensation or reward, perform any operation or part of an operation, upon the human mouth, jaws, teeth, and surrounding tissues; prescribe drugs or medicines
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
300 for the treatment of oral diseases and lesions; or correct malpositions of the teeth: Provided, however, That this provision shall not apply to artisans or technicians engaged in the mechanical construction of artificial dentures or fixtures and other oral devices, as long as none of such procedure is done inside the mouth of the patient; nor shall this provision apply to students of dentistry undergoing practical training in a legally constituted dental school or college under the direction or supervision of a member of the faculty who is duly licensed to practice dentistry in the Philippines: or to registered dental hygienists serving as dentists' assistants who may be allowed to perform oral prophylaxis and such other procedures which the law regulating the practice of dental hygienists may permit. [Sec. 14, RA 4419]. Denuncia falsa. 1. False accusation. [Lagman v. IAC, GR L-72281. Oct. 28, 1988]. 2. Malicious prosecution; generally refers to unfounded criminal actions. [Madera v. Lopez, L-37105, Feb. 10, 1981, 102 SCRA 700]. Deoxyribonucleic Acid. See DNA.
Department. Any of the executive departments or entities having the category of a department including the judiciary, Commission on Elections and Commission on Audit. [Sec. 3, PD 807]. Department of the Interior and Local Government (DILG) Act of 1990. RA 6975 entitled “An Act establishing the Philippine National Police under a reorganized Department of the Interior and Local Government, and for other purposes” enacted on Dec. 13, 1990. Also known as the PNP Law. Dependable and adequate service. Service that, consistent with normal standards and levels of service based upon good utility management and operating practices, is sufficient in quantity, having regard for the demands for service currently existing and reasonably anticipated within the foreseeable future, and that is accessible on a constant and continuous basis except for outages occasioned by the need for normal repair, maintenance, construction or renovation work or by acts beyond the reasonable ability of the public service entity to prevent or control. [Sec. 3, PD 269].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
301 Dependent. 1. A legitimate, illegitimate or legally adopted child chiefly dependent upon and living with the taxpayer if such dependent is not more than twenty-one (21) years of age, unmarried and not gainfully employed or if such dependent, regardless of age, is incapable of selfsupport because of mental or physical defect. [Sec. 35, NIRC, as amended]. 2. One who derives existence and support from another. [Glossary of Legal Terms (Pro-Se), 2004]. Dependent child. 1. Any child under sixteen years of age who is dependent upon the public for support or who is destitute, homeless or abandoned; or who has no proper parental care or guardianship, or who habitually begs or receives alms, or who is found living in any house of ill-fame or with any vicious or disreputable person, or whose home or other place of residence, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care the child may be, is an unfit place for such child. [Sec. 38-B, RA 1401]. 2. One who is without a parent, guardian or custodian; or one whose parents, guardian or other
custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for support. [Art. 141, PD 603]. Compare with Abandoned child and Neglected child. Dependent parent. Under the Social Security Law, one who is fully dependent upon the considered employee for regular support. [Bayer v. Villanueva, 83 OG 4358]. Dependent relative revocation doctrine. The established rule that if a testator revokes a will with a present intention of making a new one immediately and as a substitute, and the new will is not made, or, if made, fails of effect for any reason, it will be presumed that the testator preferred the old will to intestacy, and the old one will be admitted to probate in the absence of evidence overcoming the presumption, provided its contents can be ascertained. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 128]. Dependents. 1. Labor. The legitimate, legitimated, legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over twenty-one years of age or over twenty-one
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
302 years of age provided he is incapable of self-support due to a physical or mental defect which is congenital or acquired during minority; the legitimate spouse living with the employee and the parents of said employee wholly dependent upon him for regular support. [Art. 167, LC]. 2. Health Ins. The legal dependents of a member of the Program are: (a) the legitimate spouse who is not a member; (b) the unmarried and unemployed legitimate, legitimated, illegitimate, acknowledged children as appearing in the birth certificate; legally adopted or step-children below twenty-one (21) years of age; (c) children who are twenty-one (21) years old and above but suffering from congenital disability, either physical or mental, or any disability acquired that renders them totally dependent on the member of our support; (d) the parents who are sixty (60) years old or above whose monthly income is below an amount to be determined by the Phil. Health Ins. Corp. (PHIC) in accordance with the guiding principles set forth in Art. 1 of RA 7875, as amended. [Sec. 1, RA 9241]. Dependent state. Intl. Law. 1. A state that has surrendered its rights to conduct international affairs
to another state. [Intl. Law Dict. & Direct., 2004]. 2. An entity which, although theoretically considered a state, does not have full freedom in the direction of its external affairs. It may be either a protectorate or suzerainty. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Compare with Independent state. Depletion. The exhaustion of natural resources like mines and oil or gas wells as a result of production or severance from such mines or wells. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 179, citing 1965 CCH Fed. Tax Course, par. 1201]. Deportation. The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare. [Duhaime's Legal Dict., 2004]. Deposit. 1. A contract constituted from the moment a person receives a thing belonging to another, with the obligation of safely keeping it and of returning the same. If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no deposit but some other contract. [Art. 1962, CC]. 2. Funds in foreign currencies which are
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
303 accepted and held by an offshore banking unit in the regular course of business, with the obligation to return an equivalent amount to the owner thereof, with or without interest. [Sec. 1, PD 1034]. Depositing stockholder. See Transferring stockholder. Deposition. 1. It is intended as a means to compel disclosure of facts resting in the knowledge of a party or other person which are relevant in some suit or proceeding in court. It is meant to enable a party to learn all the material and relevant facts, not only known to him and his witnesses but also those known to the adverse party and the latter's own witnesses. [Dasmariñas Garments v. Reyes, GR 108229. Aug. 24, 1993]. 2. The official statement by a witness taken in writing (as opposed to testimony which where a witnesses give their perception of the facts verbally). Affidavits are the most common kind of depositions. [Duhaime's Legal Dict., 2004]. 3. Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file. [Jurist’s Legal Dict., 2004].
Depositions de bene esse. Those depositions taken for purposes of a pending action. [Rule 23, RoC]. Depositions in perpetuam rei memoriam. Those depositions taken to perpetuate evidence for purposes of anticipated action, or in the event of further proceedings in a case on appeal, and to preserve it against the danger of loss. [Rule 24, RoC]. Depository. Any financial institution lawfully authorized to receive government moneys upon deposit. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Depository funds. Funds over which the officer accountable therefor may retain control for the lawful purposes for which they came into his possession. It embraces moneys in any and all depositories. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Deposit substitutes. An alternative form of obtaining funds from the public (the term 'public' means borrowing from twenty (20) or more individual or corporate lenders at any one time), other than deposits, through the issuance, endorsement, or acceptance of debt instruments for the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
304 borrower's own account, for the purpose of relending or purchasing of receivables and other obligations, or financing their own needs or the needs of their agent or dealer. [Sec. 22, NIRC, as amended]. Depositum. A true deposit where the principal purpose of the contract is the safekeeping of the thing deposited. [Moreno’s Law Dict., 2000 Ed., p. 130]. Depreciated value. The value remaining after deducting depreciation from either the replacement cost or the reproduction cost. [Sec. 3, PD 464]. Depreciation. 1. The fall of a currency’s value falls in relation to foreign currencies. [Del Rosario v. Shell Co., GR L-28776. Aug. 19, 1988, citing Sicat, Economics, 1983, p. 636]. 2. The gradual diminution in the useful value of tangible property resulting from wear and tear and normal obsolescence. The term is also applied to amortization of the value of intangible assets, the use of which in the trade or business is definitely limited in duration. [Basilan Estates v. Comm. on Int. Rev., GR L-22492. Sep. 5, 1967, citing Aranas, Annotation and Jurisp. on the
NIRC, as Amended, 2nd Ed., Vol. 1, p. 263]. Depression. Legal Med. A feeling of intense sadness. It may follow a recent loss or other sad event but is out of proportion to that event and persists beyond an appropriate length of time. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Compare with Mania. Derelict. A ship or her cargo which is abandoned and deserted at sea by those who were in charge of it, without any hope of recovering it (sine spe recuperandi), or without any intention of returning to it (sine animo revertendi). [Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9, 1916]. Dereliction. Intl. Law. The physical withdrawal by a state from territory with the intention of relinquishing or abandoning all legal claims over it. Its effect is to make the territory terra nullius and, therefore, subject again to occupation by other states. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 70]. Dereliction of duty. The failure of a public officer to prosecute a violation of the law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 629].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
305 Derivative legislative power. Power which has been delegated by the sovereign people to legislative bodies and is subordinate to the original power of the people. [Garcia v. Comelec, GR 111230. Sep. 30, 1994]. Compare with Original legislative power. Derivative suit. The principal defense of the minority shareholder against abuses by the majority. It is a remedy designed by equity for those situations where the management, through fraud, neglect of duty, or other cause, declines to take the proper and necessary steps to assert the corporation's rights. [Commart (Phils.), Inc. v. SEC, GR 85318. June 3, 1991]. Derivative tax credit. See Deemed paid tax credit. Derived unit. A unit that is formed by combining base units and/or supplementary units according to the algebraic relations linking the other corresponding quantities. [Sec. 4, BP 8]. Desahucio. Sp. Unlawful detainer. [Sering v. Plazo, GR L-49731. Sep. 29, 1988].
Descendant-propositus. See Propositus. Descendants. Those persons who are born of, or from children of, another are called that person's descendants. Grandchildren are descendants of their grandfather as children are descendants of their natural parents. [Duhaime's Legal Dict., 2004]. Descending direct line. In succession, legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. [Art. 979, CC]. Descriptio personae. Lat. Such description of a person as will enable the officer to identify the accused. The description must be sufficient to indicate clearly the proper person upon whom the warrant is to be served. [People v. Veloso, GR 23051. Oct. 20, 1925]. Desecrate. To violate the sacredness of or to profane. [Moreno’s Law Dict., 2000 Ed., p. 131].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
306 Desertion. Mar. Law. 1. Not a mere unauthorized absence from the ship, without leave, but an unauthorized absence from the ship with an intention not to return to her service; or as it is often expressed, animo non revertendi, that is, with an intention to desert. [Singa Ship Mgt. V. NLRC, GR 120276. July 24, 1997, citing Black's Law Dict., Rev. 5th Ed., p. 402]. 2. A seaman's abandonment of duty by quitting ship, not only without leave or permission, but without justifiable cause, before termination of engagement; and with the intent of not returning to the ship's duty. [Singa Ship Management Phils. v. NLRC, GR 120276. July 24, 1997, citing Words & Phrases "Desertion — In Mar. Law] Desertion of a wife by a husband. The act of a husband in voluntarily leaving his wife with intention to forsake her entirely, never to return to her, and never to resume his marital duties towards her, or to claim his marital rights; such neglect as either leaves the wife destitute of the common necessaries of life, or would leave her destitute but for the charity of others. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968].
Designate. Admin. Law. 1. To vest (a public officer) with additional duties while he performs the functions of his permanent office. [Sec. of DOTC v. Mabalot, GR 138200, Feb. 27, 2002]. 2. To indicate, select, appoint or set apart for a purpose of duty. [Debulgado v. CSC, GR 111471. Sep. 26, 1994, citing Black's Law Dict., 5th Ed., 402]. Designation. 1. An appointment or assignment to a particular office. [Debulgado v. CSC, GR 111471. Sep. 26, 1994, citing Black's Law Dict., 5th Ed., 402]. 2. The term connotes merely the imposition of additional duties, upon a person already in the public service by virtue of an earlier appointment or election [Santiago v. COA, 199 SCRA 125; Political Law Review by Gonzales, pp. 184-185]. Compare with Appointment. Desire. Legal Med. The ardent wish to engage in sexual activity which may be triggered by thoughts or verbal and visual suggestions. [Olarte, Legal Med., 1st Ed. (2004), p. 111]. Despoblado. Uninhabited place.
See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
307 Destierro. 1. Banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. [Uy Chin Hua v. Dinglasan, 86 Phil. 617, 619]. 2. Although destierro does not constitute imprisonment (which is a typical example of deprivation of liberty), it is nonetheless a deprivation of liberty. [People v. Abilong, 82 Phil. 172, 174]. Destruction. The offense committed by any person who shall cause destruction by means of explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other agency or means of destruction as effective as those above enumerated, whether or not the commission has endangered the safety of any person. [Art. 324, RPC]. Destruction of the instrument; how proved. Destruction of the
instrument may be proved by any person knowing the fact (of the destruction). [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915]. See also Execution and delivery of the document; by whom established and Loss of the instrument; how shown. Destructive arson. Crim. Law. The felony committed by any person who shall burn: (a) any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the Government; (b) any passenger train or motor vehicle in motion or vessel out of port; or (c) in an inhabited place, any storehouse or factory of inflammable or explosive materials. [Art. 320, RPC]. Detail. Admin. Law. The movement from one Department or Agency to another which is temporary in nature. [Rep. v. CA, GR 86147. Feb. 26, 1990, citing Sec. 4, Rule VI, Civil Service Rules on Personal Actions and Policies]. Compare with Reassignment. Detain. Hold or keep in custody. [Paat v. CA, 266 SCRA 185 (1997)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
308 Detentacion. Sp. Forcible entry. [Sering v. Plazo, GR L49731. Sep. 29, 1988]. Detention. It refers not only to the placing of a person in an enclosure which he cannot leave, but also to any other deprivation of liberty. [People v. Santos, GR No. 117873, Dec. 22, 1997. citing Aquino, The RPC, 1988 Ed., Vol. III, pp. 1-2].
the same class. [Art. 1460, CC]. Determination. The decision of a court of justice. [Moreno’s Law Dict., 2000 Ed., p. 132]. Determine. To come to an end. To bring to an end. [Moreno’s Law Dict., 2000 Ed., p. 132].
Determinable future time. A future time, within the meaning of Act 2031, which an instrument is expressed to be payable: (a) at a fixed period after date or sight; or (b) on or before a fixed or determinable future time specified therein; or (c) on or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening be uncertain. [Sec. 4, NIL].
Devaluation. 1. Any decrease or lowering of the monetary value of the peso vis-à-vis other foreign currencies without any reference at all to the gold value of the Philippine peso. It can also be construed as a reduction in the value of our currency from an officially agreed fixed level imposed by monetary authorities. [Del Rosario v. Shell Co., GR L-28776. Aug. 19, 1988]. 2. As applied to a monetary unit, a reduction in its metallic content as determined by law resulting in the lowering of the value of one nation's currency in terms of the currencies of other nations. [Del Rosario v. Shell Co., GR L-28776. Aug. 19, 1988, citing Sloan and Zurcher, A Dict. of Economics, 1951 Ed., pp. 8081].
Determinate thing. A thing which is particularly designated or physically segregated from all other of
Devastavit. Lat. He has wasted. A personal representative who has mismanaged the estate and
Detention home. A twentyfour hour child-caring institution providing short term resident care for youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. [Art. 117, PD 603].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
309 allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss. [Duhaime's Legal Dict., 2004]. Development. 1. The work under-taken to explore and prepare an ore body or a mineral deposit for mining, including the construction of necessary infrastructure and related facilities. [Sec. 3, RA 7942]. 2. Steps necessarily taken to reach an ore body or mineral deposit so that it can be mined. [Sec. 2, PD 463]. Development bank. Bank which provides funds for the promotion of the economy of an area, country, region, or the world. [Intl. Law Dict. & Direct., 2004]. Development expenditures. Expenditures paid or incurred during the development stage of the mine or other natural deposits. The development stage of a mine or other natural deposit shall begin at the time when deposits of ore or other minerals are shown to exist in sufficient commercial quantity and quality and shall end upon commencement of actual commercial extraction. [Sec. 34, NIRC, as amended].
Development rights. Also known as New use rights. The right to use and/or develop land and improvements thereon including putting them to a more intensive use, conversion to a more profitable use, increasing density and the like. [Sec. 3, PD 1517]. Develop-operate-andtransfer. A contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the arrangement by giving that entity the right to develop adjoining property, and thus, enjoy some of the benefits the investment creates such as higher property or rent values. [Sec. 2, RA 7718]. Deviation. Mar. Ins. A departure from the course of the voyage insured, mentioned in the last two sections, or an unreasonable delay in pursuing the voyage or the commencement of an entirely different voyage. [Sec. 123, IC]. Device making or altering equipment. Any equipment, mechanism or impression designed or primarily used for making or altering or re-encoding an
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
310 access de-vice counterfeit access [Sec. 3, RA 8484].
or a device.
Devise. 1. Gifts of real property given by virtue of a will. 2. The transfer or conveyance of real property by will. [Duhaime's Legal Dict., 2004]. Compare with Legacy. Devisees. Persons to whom gifts of real property are given by virtue of a will. [Art. 782, CC]. Devolution. Pol. Law. The transfer of power and authority from the National Government to LGUs to enable them to perform specific functions and responsibilities. [Art. 24 (b), LGC]. Compare with Decentralization. Diagnostic pharmaceutical agents. Specific topical drugs used to aid optometrists in their examination of the human eye. [Sec. 3, RA 8050]. Diagnostic procedure. Any procedure to identify a disease or condition through analysis and examination. [Sec. 1, RA 9241]. Dicat testator et erit lex. Lat. What the testator says will be the law. [Acain v. IAC, GR L-72706. Oct. 27, 1987].
Dicta or dictum. Lat. An observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of Stare decisis. See Obiter dictum. Dictionary. A book containing words of a particular language arranged alphabetically with their meanings, pronunciations, etymologies, and so on. [Intl. Law Dict. & Direct., 2004]. Dietetic internship. A period of practical training in any accredited hospital which provides opportunity to acquire knowledge and skills in the administrative and therapeutic phases of dietetics. The administrative phase includes experience in: the planning, purchasing, preparing and serving of food to patients and personnel within budget allowances; supervising the handling and storage of food supplies and equipment; directing the maintenance of proper sanitary measures within the department; and the training of personnel. The therapeutic phase includes experience in the application of scientific knowledge to nutritional problems presented by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
311 various diseases. [Sec. 1, RA 2674]. Dietetics. The combined science and art of regulating the planning, preparing and serving of meals to individuals or groups according to the principles of nutrition and management with due consideration to economic, social and psychological factors. [Sec. 1, RA 2674]. Digest. An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and usually in alphabetical arrangement. [Glossary of Legal Terms (Pro-Se), 2004]. Diligence of a good father of a family. The proper diligence required by law of every person obliged to give something to take care of the same, unless the law or the stipulation of the parties requires another standard of care. [Art. 1163, CC]. Diocese. The circuit or extent of a bishop's jurisdiction; the district in which a bishop has authority." [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Registration Commission, GR L-8451. Dec. 20, 1957, citing Webster's New Intl. Dict.].
Diphenylamine test. A chemical test whereby a paraffin cast of the hand(s) is examined for the presence of nitrates to prove whether the person concerned has recently fired a firearm. [People v. Madriaga IV, GR 73057. Mar. 8, 1989]. See also Paraffin test. Diplomacy. A form of international dispute settlement that attempts to reconcile parties to a disagreement by use of negotiation, mediation, or inquiry. [Intl. Law Dict. & Direct., 2004]. Diplomat. Intl. Law. An official representative of a state, present in another state for the purposes of general representation of the state-of-origin or for the purpose of specific international negotiations on behalf of the diplomat's state-of-origin. [Duhaime's Legal Dict., 2004]. Diplomatic corps. It consists of the different diplomatic representatives who have been accredited to the local or receiving state. It is headed by a doyen du corps or dean, who is usually the member of the highest rank and the longest service in the state. In Catholic countries, the dean is the Papal Nuncio. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 83].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
312 Diplomatic immunity. The immunity enjoyed by a diplomatic agent from the criminal jurisdiction of the receiving State. Also, the immunity of such agent from the civil and administrative jurisdiction of said State, except in the case of an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 3, citing Minucher v. CA, GR 97765, Sep. 24, 1992]. Diplomatic negotiations. The process by which States settle their differences through an exchange of views between diplomatic agencies. Discussions may be oral or written, brief or prolonged. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 1076-1077, citing Mavromamatis Palestine Concessions Case, PCIJ Pub. Ser. A/2, p. 11]. Dipsomania. Legal Med. An irresistible impulse to indulge in intoxication either with alcohol or drugs. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Dipterocarp forest. A forest dominated by trees of the dipterocarp species, such as
red lauan, tangile, tiaong, white lauan, almon, bagtikan and mayapis of the Philippine mahogany group, apitong and the yakals. [Sec. 3, PD 705]. Direct. The term would relate to an act stemming immediately from a source, cause or reason. [Guerrero v. Villamor, GR 82238-42. Nov. 13, 1989]. Direct access. Any one of a number of measures permitting direct dealings between authorized entities and international satellite system providers at specified levels as defined by the NTC. [Sec.3, EO 467, s. 1998]. Direct action. The right of a third party who has a claim in responsibility against an insured to proceed directly by suit against the insurer, usually because the insured has been declared bankrupt or has become insolvent. In most jurisdictions, direct action is permitted only by statute. [Tetley, Glossary of Conflict of Laws, 2004]. Direct assault. The employment of force or intimidation by any person or persons, without a public uprising, for the attainment of any of the purpose enumerated in defining the crimes of rebellion and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
313 sedition, or the attack, employment of force, or serious intimidation or resistance of any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. [Art. 148, RPC]. Direct attack against a judgment. One that is made through an action or proceeding the main object of which is to annul, set aside, or enjoin the enforcement of such judgment, if not yet carried into effect; or, if the property has been disposed of, the aggrieved party may sue for recovery. [El Banco EspañolFilipino v. Palanca, 37 Phil. 921 (1918)]. Compare with Collateral attack. Direct attack of corporate existence. One whereby the State, in a proceeding brought for that purpose, attacks the existence of an association claiming to be a corporation. It can only be instituted by the government through the Solicitor General by quo warranto proceedings. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 152, citing Secs. 20 and 121, Corp. Code ]. Compare with Collateral attack of corporate existence.
Direct bribery. Crim. Law. The felony committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, or by the officer who shall accept the gift in consideration of the execution of an act which does not constitute a crime, and the officer executed said act or did not accomplish said act. [Art. 210, RPC]. Direct contempt. 1. Misbehavior in or near the presence of a judge or court which obstructs or interrupts court proceedings. Direct contempt may be summarily punished by fine and imprisonment. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Direct contempt. 2. Contempt committed in the presence of or so near the judge as to obstruct him in the administration of justice. [Narcida v. Bowen, GR 6694. Mar. 26, 1912]. Compare with Constructive contempt. Direct evidence. 1. Evidence which proves the fact in dispute without the aid of any inference or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
314 presumption. [Claridades, A., Compilation of Notes, 20012006]. 2. Proof of facts by witnesses who saw acts done or heard words spoken. [Jurist’s Legal Dict., 2004]. Compare with Circumstantial evidence. Direct examination. Evid. 1. The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. [Sec. 5, Rule 132, RoC]. 2. The first questioning of witnesses by the party on whose behalf they are called. [Jurist’s Legal Dict., 2004]. Compare with Cross-examination. Direct government guarantee. An agreement whereby the government or any of its agencies or local government units assume responsibility for the repayment of debt directly incurred by the project proponent in implementing the project in case of a loan default. [Sec. 2, RA 7718]. Direct line. That constituted by the series of degrees among ascendants and descendants. [Art. 964, CC]. Compare with Collateral line. Directly products. produced products. [Sec.
competitive Domesticallysubstitutable 4, RA 8800].
Directly vested jurisdiction. The power or authority to govern and execute the laws, particularly the authority vested in the judges to administer justice, that is, to try civil or criminal cases or both, and to render judgment thereon in accordance with the law. [People v. Mendoza, GR 39275. Dec. 20, 1933, citing Escriche, Rational Dict. of Legislation and Jurisp., p. 1154]. Director. Any director of a corporation or any person performing similar functions with respect to any organization. [Sec. 3, RA 2629]. Directory statutes. Laws which are permissible or discretionary in nature and merely outline the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained. [Suarez, Stat. Con., (1993), p. 92]. Compare with Mandatory statutes. Direct solar energy. The energy content of solar radiation harnessed by collecting sunlight in manmade devices such as flatplate or focusing solar
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
315 collectors. [Sec. 2, PD 1068]. See Indirect solar energy. Direct tax. 1. A tax which is demanded from the very person intended to be the payor, although it may ultimately be shifted to another. An example of a direct tax is the personal income tax. [Maceda v. Macaraig, GR 88291. May 31, 1991]. 2. A tax for which a taxpayer is directly liable on the transaction or business it engages in. [Ibid.]. Direct taxes. Those are demanded from the very person who, it is intended or desired, should pay them. [Comm. of Int. Rev. v. John Gotamco & Sons, Inc., GR L31092. Feb. 27, 1987]. Compare with Indirect taxes. Direct to home (DTH) TV. A broadcasting system wherein television programs are transmitted directly to home/user receivers via satellite, thus making the reception cover not only individual(s) in their homes but other places as well. [Sec.3, EO 467, s. 1998]. Direct trust. A trust intentionally created by the direct and positive act of the settlor, by some writing, deed, or will, or oral declaration. That created by
the parties in a language directly and expressly pointing out the persons, property and purpose of the trust. [Moreno’s Law Dict., 2000 Ed., p. 134]. Disability. 1. A physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual. 2. A record of such an impairment 3. Being regarded as having such an impairment. [Sec. 4, RA 7277]. 4. Loss or impairment of a physical or mental function resulting from injury or sickness. [Art. 167, LC]. 5. Loss or reduction of a person's capacity to effectively cope with the demands of his environment as a result of disease or injury, including birth trauma. [Sec. 2, RA 5680]. Disabled persons. Those persons suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being. [Sec. 4, RA 7277]. Disallowance of wills. Grounds: (a) If the formalities required by law have not been complied
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
316 with; (b) if the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; (c) if it was executed through force or under duress, or the influence of fear, or threats; (d) if it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person; (e) if the signature of the testator was procured by fraud; (f) if the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. [Art. 839, CC]. Disaster operations. Any effort by one or more agencies, government and/or otherwise, to provide emergency assistance in relief to persons who are victims of a disaster or calamity. Specific aid and assistance that may be provided in disaster operations include, among others: issuance of medical supplies and equipment and emergency medical treatment; food, water and shelter, rescue and firefighting services; police protection; route clearance and traffic control; prevention of panic, communications and
restoration of facilities. [Sec. 1, EO 948, Apr. 23, 1984]. Disaster volunteer worker (DVW). A duly accredited member of any of the task units of a local disaster coordinating council. [Sec. 1, EO 948, Apr. 23, 1984]. Disbarment. Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. [Glossary of Legal Terms (Pro-Se), 2004]. Discernment. As used in Art. 12 (3) of the Rev. Penal Code, the mental capacity of a minor under fifteen years of age but over nine, who commits an act prohibited by law, to understand the difference between right and wrong. [People v. Doquena, 68 Phil. 580 (1939)]. Discharge. 1. The act of spilling, leaking, pumping, pouring, emit-ting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water. [Sec 4, RA 9275]. 2. Any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluents from industrial or manufacturing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
317 establishments, or mill of any kind. [Sec. 3, PD 979]. Discharge. Civ. Law. The court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility. [Glossary of Legal Terms (Pro-Se), 2004]. Discharge. Labor. It takes place when the employer has resolute intention to dispense with the services of the employee. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. Discharge of firearms. Crim. Law. The felony committed by any person who shall shoot at another with any firearm, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of the Rev. Penal Code. [Art. 254, RPC]. Disclaim. To refuse a gift made in a will. [Jurist’s Legal Dict., 2004]. Discontinuous easements. Those easements which are used at intervals and depend upon the acts of man. [Art. 615, CC]. Discount. The sale of a receivable at less than its
face value. [Great Asian Sales Center v. CA, GR 105774, Apr. 25, 2002]. Discounting line. A credit facility with a financing company or bank which allows a business entity to sell, on a continuing basis, its accounts receivable at a discount. [Great Asian Sales Center v. CA, GR 105774, Apr. 25, 2002]. Discourtesy. Incivility; ill manners; rudeness of behavior or language; an impolite act. [Espina, Didith R., CSC Res. 98-2991, Nov. 16, 1998, citing Webster’s 3rd New Intl. Dict.]. Discovered peril doctrine. See Last clear chance doctrine. Discovering secrets through seizure of correspondence. Crim. Law. The felony committed by any private individual who in order to discover the secrets of another, shall seize his papers or letters, whether or not he reveals the contents there-of. This shall not be applicable to parents, guardians, or persons en-trusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or study, nor to spouses with respect to the papers or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
318 letters of either of them. [Art. 290, RPC]. Discovery. The disclosure of facts resting in the knowledge of the defendant, or as the production of deeds, writings, or things in his possession or power, in order to maintain the right or title of the party asking it, in a suit or proceeding. [Insular Life v. CA, GR 97654. Nov. 14, 1994, citing Bouvier's Law Dict., p. 882]. Discovery modes. The name given pretrial devices for obtaining facts and information about the case. [Jurist’s Legal Dict., 2004]. Discreta. See discreta.
Accession
Discretio est scire per legem quid sit justum. Lat. Discretion consists in knowing through the law what is just. [Moreno’s Law Dict., 2000 Ed., p. 135]. Discretion. 1. When applied to public functionaries, it is a power or right conferred upon them by law of acting officially, under certain circumstances, uncontrolled by the judgment or conscience of others. [Rep. v. Capulong, GR 93359, July 12, 1991, 199 SCRA 134, 149 quoting Meralco Securities Corp. v. Savellano, L-36748, Oct. 23, 1982, 117
SCRA 804, 812]. 2. The act or the liberty to decide, according to the principles of justice and one's ideas of what is right and proper under the circumstances, without willfulness or favor. [Lamb v. Phipps, GR 7806. July 12, 1912]. Discretionary execution or execution of judgment pending appeal. The execution of a judgment or final order before it attains finality. The court which rendered the decision can grant an execution pending appeal if it still retains jurisdiction over the case and is in possession of the records at the time of the filing of the motion; otherwise, the motion shall be acted upon by the appellate court. [Bench Book for Trial Court Judges, p. 256, citing Sec. 2, Rule 39, RoC]. Compare with Ministerial execution. Disease infested. Severely impaired trees due to bacteria, fungus, or virus, viriod and the chances of its survival and being economically productive is nil. [Sec. 3, PCA Admin. Order 1-95]. Disfigurement. Deformity.
See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
319 Disgraceful and conduct. See conduct.
immoral Immoral
goodness and uprightness. [Moreno’s Law Dict., 2000 Ed., p. 135].
Disguise. The use by a person committing a crime (under Art. 14, par. 14 of the Rev. Penal Code) of a mask to cover his face for the purpose of concealing his identity. [Moreno’s Law Dict., 2000 Ed., p. 135].
Disinheritance. 1. Depriving a compulsory heir of his legitime, for causes expressly stated by law. [Art. 915, CC]. 2. A testamentary disposition depriving any compulsory heir of his share in the legitime for a cause authorized by law. [Maninang v. CA, GR L57848. June 19, 1982, citing Reyes and Puno, An Outline of Phil. Civil Law, 1956 ed., Vol. III, p. 8].
Dishonesty. 1. The concealment or distortion of truth in a matter of fact relevant to one's office or connected with the performance of his duties. [Sec. 8, PD 971]. 2. Any act which shows lack of integrity or a disposition to defraud, cheat, deceive or betray. It consists of an intent to violate the truth. [Bagacay, Julio C., CSC Res. 97-1123, Feb. 4, 1997]. Dishonor. The refusal of the bank against (which) the check is drawn to pay it due to any of these grounds: insufficient funds, account closed, payment stopped, or no account with bank. [Moreno’s Law Dict., 2000 Ed., p. 135]. Dishonorable conduct. The state or quality of being immoral; vice, wickedness; also an immoral act or practice. The term denotes a norm of conduct which is contrary to human decency,
Disinterment. The removal or exhumation of remains from places of interment. [Sec. 89, PD 856]. Diskettes. Integral parts of a computer system, constituting one of the "input-output devices" or "peripherals," in the same manner that the keyboard is an "input-output device" and the monitor, keyboard and printer are "peripherals" in relation to the memory or central processing unit (CPU) of the computer system. [People v. Burgos, GR 92739. Aug. 2, 1991]. Disloyal. Not true to a sovereign or lawful superior, or to the government under which one lives; false where allegiance is due; faithless.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
320 [Words and Phrases, Vol. 12 A, p. 432]. Disloyalty of public officers or employees. Crim. Law. The felony committed by public officers or employees who have failed to resist a rebel-lion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. [Art. 137, RPC, as reinstated by EO 187]. Disloyalty to the Government. It consists of abandonment or renunciation of one's loyalty to the Government of the Philippines, or advocating the overthrow of the Government. [Sec. 8, PD 971]. Dismantling. The tearing apart, piece by piece or part by part, of a motor vehicle. [Sec. 2, RA 6539]. Dismiss. To throw a case out of court. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Dismissal. Labor. A discharge of an employee, a termination of an employee at the instance of the employer. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. Dismissal. Rem. Law. 1. The termination of the
proceeding, either because the court is not a court of competent jurisdiction, or the evidence does not show that the offense was committed within the territorial jurisdiction of the court, or the complaint or information is not valid or sufficient in form and substance, etc. [Malanyaon v. Lising, GR L-56028. July 30, 1981]. 2. The termination of a lawsuit. [Glossary of Legal Terms (Pro-Se), 2004]. See With prejudice and Without prejudice. Compare with Acquittal. Disobedience to order of superior officers, when said order was suspended by inferior officer. Crim. Law. The felony committed by any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension. [Art. 232, RPC]. Disobedience to summons is-sued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. Crim. Law. The felony committed by any person who, having been
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
321 duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, with-out legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions; or by any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official. [Art. 150, RPC]. Disobeying request for disqualification. Crim. Law. The felony committed by any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing. [Art. 242, RPC].
Disorder. A disturbance of the peace. [Moreno’s Law Dict., 2000 Ed., p. 136]. Disorders of volition. See Conation. Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription. [Sec 3, RA 9165]. Disposal. The act of parting with, alienation of, or giving up of supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Dispose of. To alienate or direct the ownership of property, aas disposition by will. [Moreno’s Law Dict., 2000 Ed., p. 136]. Disposicion captatoria. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person. Such disposition shall be void. [Art. 875, CC]. Disposition post mortem. See Donation mortis causa. Disputable presumption. Evid. A species of evidence that may be accepted and acted on where there is no other evidence to uphold the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
322 contention for which it stands, or one which may be overcome by other evidence. [People v. De Guzman, GR 106025. Feb. 9, 1994, citing 31A CJS p. 197]. Presumption juris tantum. See Prima facie presumption; Rebuttable presumption. Compare with Conclusive presumption. Dispute. A disagreement on a point of law or fact, a conflict of legal views or interests between two persons. A disagreement or conflict has the character of an international dispute if it arises between two or more states. [Sandoval, Pol. Law Reviewer 2003]. Disputed decision. The phrase is the equivalent of "ruling, order or decision appealed from.” [NavoaRamos v. CA, GR 119872. July 7, 1997]. Disrate. A term of maritime law where an officer or other seaman is either demoted in rank or deprived of a promotion. [LawInfo Legal Dictionary (2005)]. Disregarding the fiction of corporate entity. See Piercing the veil of corporate entity or fiction doctrine.
Disregard of the respect due the offended party by reason of his rank, age or sex. An aggravating circumstance under Art. 14 (3) of the Rev. Penal Code which may be taken into account only in crimes against persons or honor, when in the commission of the crime there is some insult or disrespect shown to rank, age or sex. It is not proper to consider this aggravating circumstance in crimes against property. [People v. Collado, GR 88631. Apr. 30, 1991]. Dissent. To disagree. The word is used in legal circles to refer to the minority opinion of a justice which runs contrary to the conclusions of the majority. [Duhaime's Legal Dict., 2004]. Dissenting opinion. 1. The minority opinion of a justice or justices which runs contrary to the conclusions of the majority. 2. There is nothing to enforce in a dissenting opinion since it affirms or overrules no claim, right, or obligation, and neither disposes of, not awards, anything; it merely expresses the views of the dissenter. [Tolentino v. Ongsiako, GR L-17938. Apr. 30, 1963]. Compare with Concurring opinion.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
323 Dissolution. The termination, process of dissolving or winding up something. [Jurist’s Legal Dict., 2004]. Dissolution of a corporation. 1. The act of ending, terminating or winding-up a corporation or its state of affairs. 2. The termination; process of dissolving or winding up something. [Glossary of Legal Terms (Pro-Se), 2004]. Dissolution of a corporation by shortening corporate term. A voluntary dissolution of a corporation effected by amending its articles of incorporation to shorten its corporate term pursuant to the provisions of the Corporation Code. [Sec. 120, Corp. Code]. Dissolution of a marriage. The act of ending the legal relationship between those persons formally joined by marriage. [Claridades, A., Compilation of Notes, 20012006]. Dissolution of a partnership. The change in the relation of the parties caused by any partner ceasing to be associated in the carrying on, as might be distinguished from the winding up of, the business. [Art. 1828, CC].
Distillation. The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance. [Sec. 3, PD 1185]. Distillers of spirits. All who distill spirituous liquors by original and continuous distillation from mash, wort, wash, sap, or syrup through continuous closed vessels and pipes until the manufacture thereof is complete. [Sec. 1, PD 426]. Distingue tempora et concordabis jura. Lat. Distinguish times and you will harmonize laws. [Comm. of Customs v. Superior Gas and Equipment Co., 108 Phil. 225, May 25, 1960]. Distraer. Sp. To convert. The term connotes the act of using or disposing of another's property as if it were one's own. [Sy v. People, GR 85785. Apr. 24, 1989, citing II Crim. Law, Reyes, 12th Ed., p. 729]. Distraint. The right of a landlord to seize the property of a tenant which is in the premises being rented, as collateral against a tenant that has not paid the rent or has otherwise defaulted on the lease, such
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
324 as wanton disrepair or destruction of the premises. A legal action to reclaim goods that have been distrained is called Replevin. [Duhaime's Legal Dict., 2004]. Distribution. The delivery or sale of any drug or device for purposes of distribution in commerce, except that such terms does not include a manufacturer or retailer of such product. [Sec. 6, EO 175, May 22, 1987]. Distribution code. A compilation of rules and regulations governing electric utilities in the operation and maintenance of their distribution systems which includes, among others, the standards for service and performance, and de-fines and establishes the relation-ship of the distribution systems with the facilities or installations of the parties connected thereto. [Sec. 4, RA 9136]. Distribution of electricity. The conveyance of electric power by a distribution utility through its distribution system pursuant to the provisions of RA 9136. [Sec. 4, RA 9136]. Distribution retail wheeling charge. The cost or charge regulated by the Energy Regulatory Commission
(ERC) for the use of a distribution system and/or the availment of related services. [Sec. 4, RA 9136]. Distribution retail supply rate. The total price paid by end-users consisting of the charges for gene-ration, transmission and related ancillary services, distribution, supply and other related charges for electric service. [Sec. 4, RA 9136]. Distribution system. The system of wires and associated facilities belonging to a franchised distribution utility extending between the delivery points on the transmission or subtransmission system or generator connection and the point of connection to the premises of the enduser. [Sec. 4, RA 9136]. Distribution utility. Any electric cooperative, private corporation, governmentowned utility or existing local government unit which has an exclusive franchise to operate a distribution system in accordance with RA 9136. [Sec. 4, RA 9136]. Distributor. Any person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
325 manufacturer or retailer of such product. [Art. 4, RA 7394]. Disturbance compensation. Payment of just indemnity for the disturbance of proprietary rights as a result of expropriation. [Claridades, A., Compilation of Notes, 2001-2006]. Disturbance of proceedings. Crim. Law. The felony committed by any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. [Art. 144, RPC, as reinstated by EO 187]. Divestment. The transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in RA 6713. [Sec. 3, RA 6713].
Dividend. 1. Any distribution made by a corporation to its shareholders out of its earnings or profits and payable to its shareholders, whether in money or in other property. [Sec. 73, NIRC, as amended]. 2. That part or portion of the profits of the enterprise which the corporation, by its governing agents, sets apart for ratable division among the holders of the capital stock. It means the fund actually set aside, and declared by the directors of the corporation as a dividend, and duly ordered by the directory, or by the stock-holders at a corporate meeting to be divided or distributed among the stockholders according to their respective interests. [Nielson v. Lepanto, GR L21601. Dec. 28, 1968]. 3. A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Dividends are declared by a company's board of directors. [Duhaime's Legal Dict., 2004]. Divination. The pretended art of foreseeing future events by supernatural or magical agency. [Moreno’s Law Dict., 2000 Ed., p. 138]. Divine law. (a) Divine positive law, i.e., Ten
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
326 Commandments; (b) Divine human positive law, i.e., commandments of the church. [Suarez, Stat. Con., (1993), p. 37-38]. Divisible contract, general rule on. As a general rule, a contract to do several things at several times is divisible in its nature, so as to authorize successive actions; and a judgment recovered for a single breach of a continuing contract or covenant is no bar to a suit for a subsequent breach thereof. [Blossom & Co. v. Manila Gas, GR 32958. Nov. 8, 1930, citing 34 CJ, p. 839]. Divisible obligation. An obligation the object of which, in its delivery or performance, is capable of partial performance. [Diaz, Bus. Law Rev., 1991 Ed., p. 29]. Compare with Indivisible obligation. Divorce (talaq). The formal dissolution of the marriage bond in accordance with the Code of Muslim Personal Laws of the Philip-pines to be granted only after exhaustion of all possible means of reconciliation between the spouses. [Art. 45, PD 1086]. DNA. Abbreviation for Deoxyribonucleic Acid. A chromosome molecule which carries genetic coding
unique to each person with the only exception of identical twins (that is why it is also called DNA fingerprinting). Through laboratory process, DNA can be extracted from body tissue such a strand of hair, semen, blood and matched against DNA discovered at a crime scene or on a victim to scientifically implicate an accused. It can also be used to match DNA between parents in a paternity suit. [Duhaime's Legal Dict., 2004]. Dock. Locks, cuts, entrances, graving docks, inclined planes, slipways, quays, and other works and things appertaining to any dock. [Sec. 3, PD 857]. Docket. 1. An official court record book which lists all the cases before the court and which may also note the status or action required for each case. [Duhaime's Legal Dict., 2004]. 2. An abstract or listing of all pleadings filed in a case; the book containing such entries; trial docket is a list of or calendar of cases to be tried in a certain term. [Glossary of Legal Terms (Pro-Se), 2004]. Docket control. A system for keeping track of deadlines and court dates for both litigation and non-litigation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
327 matters. [Jurist’s Legal Dict., 2004]. Doctrine. 1. That which is taught; what is held, put forth as true, and supported by a teacher, a school, or a sect; a principle or position, or the body of principles, in any branch of knowledge; tenet; dogma; principle of faith. It is a synonym of principle, position, opinion, article, maxim, rule, and axiom. [Mabanag v. Vito, 78 Phil. 1, Mar. 5, 1947]. 2. A rule or principle or the law established through the repeated application of legal precedents. [Duhaime's Legal Dict., 2004]. Doctrine of attractive nuisance. See Attractive nuisance doctrine. Doctrine of discovered peril. See Last clear chance doctrine. Doctrine of equivalents test. A test established to determine infringement which recognizes that minor modifications in a patented invention are sufficient to put the item beyond the scope of literal infringement. Thus, an infringement also occurs when a device appropriates a prior invention by incorporating its innovative concept and, albeit with some modification and change,
performs substantially the same function in substantially the same way to achieve substantially the same result. [Godinez v. CA, GR 97343. Sep. 13, 1993]. Compare with Literal infringement test. Doctrine of estoppel. (A doctrine) based on grounds of public policy, fair dealing, good faith and justice, (the) purpose (of which) is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon. [PNB v. CA, 94 SCRA 357]. Doctrine of implication. Stat. Con. That which is plainly implied in the language of a statute is as much a part of it as that which is expressed. [In Re: McCulloch Dick, 35 Phil. 41, 45, 50; 82 CJS 632; 73 Am Jur 2nd 404]. Doctrine of inappropriate provision. (It deals with) item provisions (in a budget bill) that are to be treated as items for the President’s veto power. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 133]. Doctrine of judicial stability. See Doctrine of non-interference.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
328 Doctrine of last chance. See Last chance doctrine.
clear clear
Doctrine of limited liability. See Limited liability doctrine. Doctrine of necessary implication. Stat. Con. The doctrine which states that what is implied in a statute is as much a part thereof as that which is expressed. [Natl. Assoc. of Trade Unions (NATU) v. Torres, GR 93468. Dec. 29, 1994]. Doctrine of noninterference. An elementary principle of higher importance in the administration of justice that the judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of concurrent jurisdiction. [Rep. v. Reyes, 155 SCRA 313 (1987), citing 30-A Am Jur 605]. Also Doctrine of judicial stability. Doctrine of outside appearance. (The doctrine holding that) a corporation is bound by a contract entered into by an officer who acts without, or in excess of his actual authority, in favor of a person who deals with him in good faith relying on such apparent authority. [Moreno’s Law Dict., 2000 Ed., p. 139].
Doctrine of primary jurisdiction. (The doctrine that holds that) if the case is such that its determination requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters or intricate questions of facts are involved, then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of a court. [Industrial Enterprises, Inc. v. CA, GR 88550. Apr. 18, 1990]. Doctrine of prior use. The principle that prior use of a trademark by a person, even in the absence of a prior registration, will convert a claim of legal appropriation by subsequent users. [Moreno’s Law Dict., 2000 Ed., p. 139]. Doctrine of qualification. See Characterization. Doctrine of qualified political agency. Pol. Law. The doctrine which holds that, as the President cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members, who in turn and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
329 by his authority, control the bureaus and other offices under their respective jurisdictions in the executive department. [Carpio v. Exec. Sec., GR 96409. Feb. 14, 1992]. Doctrine of relations. Also Relations back doctrine. That principle of law by which an act done at one time is considered by a fiction of law to have been done at some antecedent period. It is a doctrine which, although of equitable origin, has a well recognized application to proceedings at law; a legal fiction invented to promote the ends of justice or to prevent injustice end the occurrence of injuries where otherwise there would be no remedy. The doctrine, when invoked, must have connection with actual fact, must be based on some antecedent lawful rights. It has also been referred to as "the doctrine of relation back." [Allied Banking Corp. v. CA, GR 85868. Oct. 13, 1989, citing 2 CJS 1310]. Doctrine of strained relations. Labor. (The rule) that where reinstatement is not feasible, expedient or practical, as where reinstatement would only exacerbate the tension and strained relations between the parties, or where the
relationship between the employer and employee has been unduly strained by reason of their irreconcilable differences, particularly where the illegally dismissed employee held a managerial or key position in the company, it would be more prudent to order payment of separation pay instead of reinstatement. [Quijano v. Mercury Drug Corp., GR 126561. July 8, 1998]. Document. Rem. Law. 1. A deed, instrument or other duly authorized paper by which something is proved, evidenced or set forth. Any instrument authorized by a notary public or a competent public official, with the solemnities required by law, is a public document. [Bermejo v. Barrios, GR L23614. Feb. 27, 1970]. 2. Any substance having any matter expressed or described upon it by marks capable of being read. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 129]. Document. Trust Receipts Law. Written or printed evidence of title to goods. [Sec. 3, PD 115]. Documentary bill. Nego. Inst. One to which are attached documents of title delivered and surrendered to the drawee when he accepts
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
330 or pays the bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 365]. Documentary evidence. Documents as evidence consisting of writings or any material containing letters. words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. [Sec. 2, Rule 130, RoC]. Compare with Testimonial evidence. Documented migrant workers. (a) Those who possess valid passports and visas or permits to stay in the host country and whose contracts of employment have been processed by the POEA if required by law or regulation; or (b) Those registered by the Migrant Workers and Other Overseas Filipinos Resource Center or by the Embassy. [Sec. 2, IRR, RA 8042]. Document of title to goods. Any bill of lading, dock warrant, quedan, or warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by endorsement or by
delivery, goods represented by such document. [Art. 1619, CC]. Doing business. 1. Soliciting orders, purchases, service contracts, opening offices, whether called liaison offices or branches; appointing representatives or distributors who are domiciled in the Philippines for a period or periods totaling one hundred eighty (180) days or more; participating in the management, supervision or control of any domestic business firm, entity or corporation in the Philippines, and any other act or acts that imply a continuity of commercial dealings or arrangements and contemplate to that extent the performance of acts or works, or the exercise of some of the functions normally incident to, and in progressive prosecution of, commercial gain or of the purpose and object of the business organization. [Art. 44, EO 226, July 16, 1987]. 2. A continuity of commercial dealings and arrangements, and contemplates to that extent, the performance of acts or words or the exercise of some of the functions normally incident to, and in progressive prosecution of, the purpose and object of its organization. [Mentholatum
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
331 v. Mangaliman, 72 Phil. 524 (1941); Moreno, Phil. Law Dict., 2nd Ed., 1972, p. 186]. Doing or transacting an insurance business. This includes (a) making or proposing to make, as insurer, any insurance contract; (b) making or proposing to make, as surety, any contract of suretyship as a vocation and not as merely incidental to any other legitimate business or activity of the surety; (c) doing any kind of business, including a reinsurance business, specifically recognized as constituting the doing of an insurance business within the meaning of the Insurance Code; (d) doing or proposing to do any business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of the Insurance Code. Dolo. Sp. Fraud or malice. A conscious and intentional design to evade the normal fulfillment of existing obligations. [Luzon Brokerage v. Maritime Building, GR L-25885. Aug. 18, 1972, citing Capistrano, Civil Code of the Phil., Vol. 3. p. 38]. Dolo causante. Sp. Causal fraud. 1. A deception employed by one party prior
to or simultaneous to the contract in order to secure the consent of the other. [Samson v. CA, GR 108245. Nov. 25, 1994]. 2. Those deceptions or misrepresentations of a serious character employed by one party and without which the other party would not have entered into the contract. [Geraldez v. CA, GR 108253. Feb. 23, 1994]. Dolo incidente. Sp. Incidental fraud. Those which are not serious in character and without which the other party would still have entered into the contract.. [Geraldez v. CA, GR 108253. Feb. 23, 1994]. Domestic. 1. Persons usually living under the same roof, pertaining to the same house, and constituting, in this sense, a part thereof, distinguishing it from the term servant whereby a person serving another on a salary is designated. [People v. Alvarez, GR 34644, Jan. 17, 1974, 55 SCRA p. 92]. 2. A person usually living under the same roof, pertaining to the same house, and constituting, in this sense, a part thereof. [US v. Arlante, GR L-3859. Jan. 15, 1908]. Domestic Adoption Act 0f 1998. RA 8552 entitled “An Act establishing the rules and policies on the domestic
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
332 adoption of Filipino children and for other purposes” enacted on Feb. 25, 1998. Domestic air carrier. An air carrier who is a citizen of the Philippines: Provided, That an air carrier who is not a citizen of the Philippines but who may be allowed to engage in domestic and/or foreign air transportation, or domestic and/or foreign air commerce, in accordance with the provisions of RA 776, as amended, shall, to all intents and purposes, be classified as a domestic air carrier. [Sec. 3, RA 776]. Domestic air commerce. Air commerce within the limits of the Philippine territory. [Sec. 3, RA 776]. Domestic air transportation. Air transportation within the limits of the Philippine territory Domestic corporation. A corporation incorporated under the laws of the Philippines. [Sec. 123, Corp. Code]. Compare with Foreign corporation. Domestic industry. The domestic producer, as a whole, of like or directly competitive products manufactured or produced in the Philippines or those whose collective output of
like or directly competitive products constitutes a major proportion of products. [Sec. 4, RA 8800]. Domestic or household services. Service in the employer's home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal com-fort and convenience of the members of the employer's household, including services of family drivers. [Art. 141, LC]. Domestic servant. Househelper.
See
Domestic ship operator or owner. A citizen of the Philippines, or a commercial partnership wholly owned by Filipinos, or a corporation at least sixty percent (60%) of the capital of which is owned by Filipinos, which is duly authorized by the Maritime Industry Authority (MARINA) to engage in the business of domestic shipping. [Sec. 3, RA 9295]. Domestic shipping. The transport of passenger or cargo, or both, by ships duly registered and licensed under Philippine law to engage in trade and commerce between Philippine ports and within Philippine territorial or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
333 internal waters, for hire or compensation, with general or limited clientele, whether permanent occasional or incidental, with or without fixed routes, and done for contractual or commercial purposes. [Sec. 3, RA 9295]. Domestic trade. The sale, barter or exchange of goods, materials or products within the Philippines. [Sec. 3, RA 9295]. Domicile. 1. That place in which a person's habitation is fixed, with-out any present intention of removing therefrom, and that place is properly the domicile of a person in which he has voluntarily fixed his abode, or habitation, not for a mere special or temporary purpose, but with a present intention of making it his permanent home. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995, citing 28 CJ S. §1]. 2. A fixed permanent residence to which when absent for business, or pleasure, or for like reasons one intends to return, and depends on facts and circumstances, in the sense that they disclose intent. [Ong Huan Tin v. Rep., 19 SCRA 966, 969]. 3. The permanent residence of a person; a place to which, even if he were temporary absence, he intend to return.
In law, it is said that a person may have many residences but only one domicile. [Duhaime's Legal Dict., 2004]. See Residence. Domicile by choice. Elements in order to acquire a new domicile by choice: There must concur (1) residence or bodily presence in the new locality, (2) an intention to remain there, and (3) an intention to abandon the old domicile. In other words, there must basically be animus manendi coupled with animus non revertendi. The purpose to remain in or at the domicile of choice must be for an indefinite period of time; the change of residence must be voluntary; and the residence at the place chosen for the new domicile must be actual. [Romualdez v. RTC Br. 7, Tacloban City, GR 104960. Sep. 14, 1993]. Domicile by operation of law. It attributes to a person a domicile independent of his own intention or actual residence, ordinarily resulting from legal domestic relations, as that of the wife arising from marriage, or the relation of a parent and a child. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995, citing 28 CJS §7].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
334 Domicile of choice. The place which the person has elected and chosen for himself to displace his previous domicile; it has for its true basis or foundation the intention of the person. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995, citing 28 CJS, §6]. Domicile of origin. The domicile of his parents, or of the head of his family, or of the person on whom he is legally dependent at the time of his birth. While the domicile of origin is generally the place where one is born or reared, it maybe elsewhere. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995, citing 28 CJS §5]. Domiciliary principle. Also Nationality principle. The taxation of the same items by the country of residence or nationality of the taxpayer. [Comm. of Int. Rev. v. Procter & Gamble Phil., GR 66838. Dec. 2, 1991]. Compare with Source or situs rule. Domiciliary theory. The theory that personal status, in general, is determined by and/or subject to the jurisdiction of the domiciliary law. [Ellis v. Rep., GR L16922. Apr. 30, 1963]. See Nationality theory.
Domicilium necesarium. Lat. Domicile by operation of law. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicilium originis. Lat. Domicile of origin. The common case of the place of birth. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicilium proprio motu. Lat. That domicile which is voluntarily acquired by a party. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicilium voluntarium. Lat. Domicile of one’s own choosing. [RomualdezMarcos v. Comelec, GR 119976. Sep. 18, 1995]. Dominancy test. The test in determining whether colorable imitation exists which focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception and thus constitutes infringement. If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor it is necessary that the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
335 infringing label should suggest an effort to imitate. The question at issue in cases of infringement of trademarks is whether the use of the marks involved would be likely to cause confusion or mistakes in the mind of the public or deceive purchasers. [Emerald Garment Mfg. Corp. v. CA, GR 100098. Dec. 29, 1995]. Compare with Holistic test.
Dominium est jus utendi et abutendi, re quatenus juris ratio potitur. Lat. Ownership is the right to use and abuse one’s property insofar as the law and reason permit. [Moreno’s Law Dict., 2000 Ed., p. 143].
Dominant estate. The immovable in favor of which the easement is established. [Art. 613, CC]. See Servient estate.
Dominium utile. Lat. Beneficial ownership. [Gold Creek Mining Corp. v. Rodriguez, 66 Phil. 259].
Dominion or dominium. The capacity of the State to own or acquire property such as lands and natural resources. [Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR 135385, Dec. 6, 2000]. Dominium. Lat. The capacity to own or acquire property, including lands held by the state in its proprietary capacity. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 29]. Compare with Imperium. Dominium directum. Lat. 1. Naked ownership. [Alejandro v. Geraldez, GR L-33849. Aug. 18, 1977]. 2. Bare ownership. [Gold Creek Mining Corp. v. Rodriguez, 66 Phil. 259].
Dominium plenum. Lat. Full ownership. [Alejandro v. Geraldez, GR L-33849. Aug. 18, 1977].
Domino absoluto. Lat. Full ownership. [Vidal v. Posadas, 58 Phil. 108; De Guzman v. Ibea, 67 Phil. 633]. Compare with Nuda proprietas. Donation. Civ. Law. 1. An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. [Art. 725, CC]. 2. There is also a donation when a person gives to another a thing or right on account of the latter's merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given. [Art. 726, CC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
336 Donation. Civ. Law. Elements: There are three essential elements of donations: [1] the reduction of the patrimony of the donor, [2] the increase in the patrimony of the donee, and [3] the intent to do an act of liberality (animus donandi). [Tatoto v. Heirs of Kabalo Yusop, GR 74203. Apr. 17, 1990]. Donation by reason of marriage. Civ. Law. Also Donation propter nuptias. Donation made before the celebration of marriage, in consideration of the same, and in favor of one or both of the future spouses. [Art. 82, FC]. Donation by reason of marriage. Civ. Law. Grounds for revocation: (a) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Art. 81, FC; (b) when the marriage takes place without the consent of the parents or guardian, as required by law; (c) when the marriage is annulled, and the donee acted in bad faith; (d) upon legal separation, the donee being the guilty spouse; (e) if it is with a resolutory condition and the condition is complied with; (f) when the donee has committed an
act of ingratitude as specified by the provisions of the Civil Code on donations in general. [Art. 86, FC]. Donation inter vivos. Civ. Law. A donation which the donor intends to take effect during the lifetime of the donor, though the property shall not be delivered till after the donor's death. The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor provides otherwise. [Art. 729, CC]. 2. Donation made without consideration (of death or mortal peril), but out of the donor's pure generosity and the recipient's desires, although the subject matter is not delivered at once, or the delivery is to be made post mortem, which is a simple matter of form and does not change the nature of the act, and such gifts are irrevocable, especially if without a price and onerous in character. [Balaqui v. Dongso, GR 31161. Oct. 28, 1929]. Donation mortis causa. Civ. Law. 1. A donation to take effect at the death of the donor. 2. A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
337 exempted from the estate of the deceased as property is automatically conveyed upon death. 3. This donation partakes of the nature of testamentary provisions, and shall be governed by the rules of succession. [Art. 728, CC]. 4. A donation made, as its name implies, in consideration of death or mortal peril, without the donor's intention to lose the thing or its free disposal in case of survival, as in testamentary dispositions. [Balaqui v. Dongso, GR 31161. Oct. 28, 1929]. 5. A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death. [Duhaime's Legal Dict., 2004]. Donation mortis causa. Also Disposition post mortem. Civ. Law. Characteristics: (a) The transfer conveys no title or ownership to the transferee before the death of the transferor, of the transferor (meaning testator) retains the owner-ship, full or naked (domino absoluto or nuda proprietas) [Vidal v. Posadas, 58 Phil. 108; De Guzman v. Ibea, 67 Phil. 633]; (b) the transfer is revocable before the transferor's death and
revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed [Bautista v. Sabiniano, 92 Phil. 244]; and (c) the transfer would be void if the transferor survived the transferee. [Alejandro v. Geraldez, GR L33849. Aug. 18, 1977]. Donation propter nuptias. Civ. Law. See Donation by reason of marriage. Donation, when inofficious. Civ. Law. Donation that exceeds what he may give or receive by will. [Art. 752, CC]. Donation, when revocable at the instance of the donor, by reason of ingratitude. Civ. Law. (a) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority; (b) if the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (c) if he unduly refuses him support when the donee is legally or morally bound to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
338 give support to the donor. [Art. 765, CC]. Donation, when void. Civ. Law. (a) Donations between husband and wife; (b) those made between persons who were guilty of adultery or concubinage at the time of the donation; (c) Those made between persons found guilty of the same criminal offense, in consideration thereof; (d) those made to a public officer or his wife, descendants and ascendants, by reason of his office. [Art. 133 and 739, CC]. Donde quiera su fije de residencia. Sp. “Wherever (the husband) wishes to establish residence.” This (phrase) contemplates only actual residence because it refers to a positive act of fixing a family home or residence. [RomualdezMarcos, GR 119976. Sep. 18, 1995]. Donee. Beneficiary of a trust. The person who is the recipient of a power of attorney; the person who would have to exercise the power of attorney. [Duhaime's Legal Dict., 2004]. Donor. The person who donates property to the benefit of another, usually
through mechanism [Duhaime's 2004].
the of a Legal
legal trust. Dict.,
Dormant partner. A partner who does not take active part in the business of the partnership and at the same time not known as a partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Double costs. Costs (other than treble costs) which may be imposed on the plaintiff or appellant, where an action or an appeal is found to be frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3, Rule 143, RoC]. Double donations. Civ. Law. Donations of the same thing to two or more different donees which shall be governed by the provisions Art. 1544 of the Civil Code concerning the sale of the same thing to two or more different persons. [Art. 744, CC]. Double insurance. It exists where the same person is insured by several insurers separately in respect to the same subject and interest. [Sec. 93, IC]. Double insurance. Requisites. (a) The person insured must be the same; (b) there must be several
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
339 insurers; (c) the subject matter insured must be the same; (d) the interest insured must also be the same; and (e) the risk insured against must be the same. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 93]. Double jeopardy. Putting a person on trial more than once for the same crime. [Glossary of Legal Terms (Pro-Se), 2004]. Double jeopardy. 1. Requisites: (a) The previous complaint or information or other formal charge is sufficient in form and substance to sustain a conviction: (b) the court has jurisdiction to try the case; (c) the accused has been arraigned and has pleaded to the charge; and (d) the accused is convicted or acquitted or the case is dismissed without his express consent. [Navallo v. Sandiganbayan, GR 97214. July 18, 1994]. 2. Elements: (a) A first jeopardy must have attached prior to the second; (b) the first jeopardy must have been validly terminated; and (c) the second jeopardy must be for the same offense, or the second offense includes or is necessarily included in the offense charged in the first information, or is an attempt
to commit the same or is a frustration thereof. [People v. Puno, 208 SCRA 550, 557. May 8, 1992]. Double renvoi. Intl. Law. The referral by the forum court to the conflict rules, including the renvoi rules) of a foreign state. Thus the forum court applies the law specified by the foreign conflicts rules, including the foreign renvoi rules, in an effort to render the decision, which the foreign court would render if it were seized of the case. [Tetley, Glossary of Conflict of Laws, 2004]. Double sale. The sale of the same thing to different vendees, where the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith. [Art. 1544, CC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
340 Double share for full blood collaterals rule. The rule that should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. [Art. 1006, CC]. Double taxation. 1. Taxing the same person twice by the same jurisdiction for the same thing. [Victorias Milling Co. v. Mun. of Victorias, Negros Occ., 25 SCRA 192 (1968)]. 2. Additional taxes laid on the same subject by the same taxing jurisdiction during the same taxing period and for the same purpose. [Cruz, Constl. Law, 1998 Ed., p. 89, citing Cooley on Taxation, Vol. I, 4th Ed., p. 48]. Do ut des. Lat. I give that you give. [Torres, Oblig. & Cont., 2000 Ed., p. 169]. Do ut facias. Lat. I give that you make (or do). [Torres, Oblig. & Cont., 2000 Ed., p. 169]. Downstream oil industry (DOI). The business of importing, exporting, reexporting, shipping, transporting, processing, refining, storing, distributing, marketing and/or selling crude oil, gasoline, diesel, liquefied petroleum gas
(LPG), kerosene, and other petroleum products. [Sec. 4, RA 8479]. Downstream Oil Industry Deregulation Act of 1998. RA 8479 entitled “An Act deregulating the downstream oil industry, and for other purposes” enacted on Feb. 10, 1998. Draft. Comml. Law. A bill of exchange payable on demand and drawn for the purpose of collecting for the drawer’s own use and account a sum of money due him from the drawee. A sight draft is one for the immediate collection of money. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 70]. Draft animal power. Power provided by the carabao as a farm animal. [Sec. 3, RA 7307]. Dragnet clause. 1. The mortgage provision in American jurisprudence which is specifically phrased to subsume all debts of past or future origin. Such clauses are "carefully scrutinized and strictly construed.” [Phil. Bank of Communications v. CA, GR 118552. Feb. 5, 1996, citing 55 Am Jur 2d, Mortgages, § 142, 283-284]. 2. Provision in a mortgage in which a mortgagor gives
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
341 security for past and future advances as well as present indebtedness. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 258]. Drago doctrine. Intl. Law. The doctrine that “a public debt cannot give rise to the right of intervention.” It was formulated by Foreign Minister Drago of Argentina in 1902 when Great Britain, Italy and Germany established a blockade against Venezuela in order to enforce certain contractual and other claims against it. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 56]. Drawee. The person to whom the bill of exchange is addressed and who is ordered to pay. He becomes an Acceptor when he indicates his willingness to pay the bill. [Claridades, A., Compilation of Notes, 20012006]. Drawer. The person who gives the order to pay money to a third party. [Claridades, A., Compilation of Notes, 2001-2006]. Drinking water. Water intended for human consumption or for use in food preparation. [Sec 4, RA 9275]. Drive-in-net. See Muro-ami.
Drug dependence. 1. As based on the World Health Organization (WHO) definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. [Sec 3, RA 9165]. 2. A state of psychic or physical dependence, or both, on a dangerous drug, arising in a person following administration or use of that drug on a periodic or continuous basis. [People v. Dichoso, GR 101216-18. June 4, 1993]. Drug establishment. Any organization or company involved in the manufacture, importation, repacking and/or distribution of drugs or medicines. [Sec. 3, RA 6675]. Drug or pharmaceutical laboratory. Also Pharmaceutical manufacturing laboratory. An establishment where pharmaceuticals, proprietary medicines or pharmaceutical specialties are prepared,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
342 compounded, standardized and distributed or sold. [Sec. 42, RA 5921]. Drug outlets. Drugstores, pharmacies, and any other business establishments which sell drugs or medicines. [Sec. 3, RA 6675]. Drug product. The finished product form that contains the active ingredients, generally but not necessarily in association with inactive ingredients. [Sec. 3, RA 6675]. Drugs. 1. Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. 2. Articles (other than food) intended to affect the structure or any function of the body of man or animals. [Art. 4, RA 7394]. Drug syndicate. Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under RA 9165. [Sec 3, RA 9165]. Drunkenness. A state of the mind, which depends upon the tolerance of a person to alcoholic drinks and which is relative in every individual. [Moreno’s Law Dict., 2000 Ed., p. 145].
Drydock. A dock from which the water can be temporarily excluded, in order to effect repairs to hulls and keels of ships or vessels. [Sec. 3, PD 857]. Dual system/training. A delivery system of quality technical and vocational education which requires training to be carried out alternately in two venues: In school and in the production plant. In-school training provides the trainee the theoretical foundation, basic training, guidance and human formation, while inplant training develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work values. [Sec. 1, IRR, RA 7796]. Dual training system. An instructional delivery system of technical and vocational education and training that combines in-plant training and in- school training based on a training plan collaboratively designed and implemented by an accredited dual system educational institution/training center and accredited dual system agricultural, industrial and business establishments with prior notice and advice to the local government unit concerned. Under this
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
343 system, said establishments and the educational institution share the responsibility of providing the trainee with the best possible job qualifications, the former essentially through practical training and the latter by securing an adequate level of specific, general and occupationrelated theoretical instruction. The word "dual" refers to the two parties providing instruction: the concept "system" means that the two instructing parties do not operate independently of one another, but rather coordinate their efforts. [Sec. 4, RA 7796].
surrender of a thing (e.g. a document or some other evidence) by its holder, to the court, to serve as evidence in a trial. [Duhaime's Legal Dict., 2004]. Duct system. A continuous passageway for the transmission of air. [Sec. 3, PD 1185].
Dual Training System Act of 1994. RA 7796 entitled “An Act to strengthen manpower education and training in the Philippines by institutionalizing the dual training system as an instructional delivery system of technical and vocational education and training, providing the mechanism, appropriating funds therefor and for other purposes” enacted on Feb. 25, 1994.
Due. 1. The word is only equivalent to or synonymous with "payable.” 2. With reference to taxes, it implies that such taxes are then "owing, collectible or matured.” 3. The debt or obligation to which it is applied has by contract or operation of law become immediately payable, but in another sense it denotes the existence of a simple indebtedness, without reference to the time payment, in which it is synonymous with 'owing' and includes all debts whether payable in praesenti or in futuro." [Comm. of Int. Rev. v. Visayan Electric Co., GR L-22611. May 27, 1968, citing 13-A Words and Phrases, pp. 107, 109, 110].
Duces tecum. Lat. Bring with you. Used most frequently for a species of subpoena (as in Subpoena duces tecum) which seeks not so much the appearance of a person before a court of law, but the
Due and payable (on a specified date). The phrase means the debt or obligation to which it is applicable is then immediately payable. [Comm. of Int. Rev. v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
344 Visayan Electric Co., GR L22611. May 27, 1968]. Due bill. Comml. Law. An instrument whereby one person acknowledges his indebtedness to another. [Diaz, Bus. Law Rev., 1991 Ed., p. 379]. Due execution. The fact that the document was signed voluntarily and knowingly by the party whose signature appears thereon. [Claridades, A., Compilation of Notes, 2001-2006]. See Genuineness. Duel. 1. An agreement to fight under determined conditions and with the participation and intervention of seconds, who fix such conditions. [US v. Navarro, GR L-1878. Mar. 9, 1907]. 2. A formal or regular combat previously consented between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight to settle some antecedent quarrel. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 655, citing Viada, p. 191]. Duel, participation in a. Crim. Law. The felony committed by any person who shall kill his adversary in a duel, or inflict upon the
latter physical injuries only, or in any other case, although no physical injuries have been inflicted, and the seconds who shall in all events be punished as accomplices. [Art. 260, RPC]. Due process of law. Pol. Law. 1. In a criminal prosecution, due process consists of a law creating or defining the offense, an impartial tribunal of competent jurisdiction, accusation in due form, notice and opportunity to defend, trial according to established procedure, and discharge unless found guilty. [People v. Lumague, GR 53586. Jan. 30, 1982, citing 16 CJS 617]. 2. Fundamental fairness. [Anzaldo v. Clave, GR L54597. Dec. 15, 1982]. 3. The twin requirements of notice and hearing constitute essential elements of due process. [Century Textile Mills v. NLRC, 161 SCRA 528, 535]. Due process of law. Pol. Law. Requisites: (a) There must be a court of tribunal clothed with judicial power to hear and determine the matter before it; (b) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceeding; (c) the defendant must be given an
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
345 opportunity to be heard; and (d) judgment must rendered upon lawful hearing. [El Banco Español-Filipino v. Palanca, GR L-11390. Mar. 26, 1918]. Dumping. 1. Any unauthorized or illegal disposal into any body of water or land of wastes or toxic or hazardous material: Provided, That it does not mean a release of effluent coming from commercial, industrial, and domestic sources which are within the effluent standards. [Sec 4, RA 9275]. 2. Any deliberate disposal at sea and into navigable waters of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, including the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same is permitted and/or regulated under PD 979. [Sec. 3, PD 979]. 3. Selling exported goods at prices below their normal value. [Intl. Law Dict. & Direct., 2004]. Dumping duty. A duty levied on imported goods where it appears that a specific kind or class of foreign article is being imported into or sold or is likely to be sold in the
Philippines at a price less than its fair value. [Sec. 301, TCC]. Dunnage. A term related to the placing of lumber under the cargo to protect the same from the water coming into the hold of the vessel or in between the different parcels of cargo to prevent them from injuring each other. [First Plywood Corp., GR 84460. Nov. 13, 1992, citing 13 Words and Phrases, 631]. Duodenal ulcer. Stomach ulcer.
See
Duplex. A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other. [Duhaime's Legal Dict., 2004]. Duplicate original. A signed carbon copy or duplicate of a document executed at the same time as the original (which) may be introduced in evidence without accounting for the non-production of the original. But, an unsigned and uncertified document purporting to be a carbon copy is not competent evidence. It is because there is no public officer acknowledging the accuracy of the copy. [Vallarta v. CA, GR L-36543. July 27, 1988].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
346 Dura lex sed lex. Lat. The law is hard but such is the law. [Claridades, A., Compilation of Notes, 20012006]. Duress. 1. Force, violence or pressure which induces a person to act in a manner contrary to his own wish. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. A situation under which a person is prevented from acting (or not acting) according to his free will, by threats or force of another. Contracts signed under duress are voidable. [Duhaime's Legal Dict., 2004]. Dust. A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion. [Sec. 3, PD 1185]. Duster. 1. House dress. [People v. Sadang, GR 105378. June 27, 1994]. 2. A loose kind of dress. [People v. Arizala, GR 59713. Mar. 15, 1982.] Duties of attorneys. It is the duty of an attorney: (a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; (b) to observe and maintain the respect due to the courts of justice and judicial officers;
(c) to counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; (d) to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; (e) to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; (f) to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; (g) not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (h) never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; (i) in the defense of a person accused of crime, by all fair and honorable means, regardless of his personal
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
347 opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. [Sec. 20, Rule 138, RoC]. Duty. The word ordinarily `means an indirect tax, imposed on the importation, exportation, or consumption of goods. [Garcia v. Exec. Sec., GR 101273. July 3, 1992, citing Cooley, on Taxation, p. 3]. Duty free shop. A retail establishment located within the premises of International ports of entry, airport or seaport, authorized to sell tax and duty-free merchandise, consisting of consumables and light durables, for the convenience of travelers. Such establishments have been introduced to special economic zones in Subic and Clark on contention that these are permissible on free port areas. [Customs Admin. Order 3-95, Dec. 6, 1995]. Duty to bargain collectively. The performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours
of work and all other terms and any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party, but such duty does not compel any party to agree to a proposal or to make any concession. [Art. 252, LC]. Dwelling. 1. A building designed or used as residence for one or more families. [Sec. 3, BP 220]. 2. A building or structure, exclusively used for rest and comfort. [People v. Joya, GR 79090. Oct. 1, 1993, citing Reyes, The Rev. Penal Code, Vol. I, 1981 Ed., 336]. Dwelling house. 1. An entire thing; it includes the buildings, and such attachments as are usually occupied and used for the family for the ordinary purposes of a house. [Caudal v. CA, GR 83414. July 31, 1989, citing Chase v. Hamilton Ins. Co., 20 N.Y. 52]. 2. In law, it may embrace the dwelling itself and such buildings as are used in connection with it. [Ibid, citing 28 CJS 19 Ala App 476]. Dwelling unit. A house and lot used for residential purposes and shall include not only buildings, parts or units thereof used solely as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
348 dwelling places, except motels, or hotel rooms; but also those used for home industries or retail stores if the owner thereof and his family actually live therein and use it principally for dwelling purposes. [Sec. 2, RA 6359; Sec. 2, RA 6126].
Dyspareunia. Legal Med. Painful sexual intercourse in women. [Olarte, Legal Med., 1st Ed. (2004), p. 115].
Dying declaration. The declaration of a dying person, made under the consciousness of an impending death with respect to the cause and surrounding circumstances of such death, which is admissible as an exception to the hearsay rule. [People v. Apolinario, GR 97426. June 3, 1993; Sec. 37, Rule 130, RoC]. Also known as Ante mortem statement or Statement in articulo mortis. Dying declaration. Requisites: (a) The declaration must concern the cause and surrounding circumstances of the declarant's death; (b) the declarant, at the time the declaration was made, was under the consciousness of an impending death; (c) the declarant is competent as a witness; and (d) the declaration is offered in a criminal case wherein the declarant's death is the subject of inquiry [People v. Clamor, 198 SCRA 642 (1991)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
349 if not raised in the trial court, it will not be considered on appeal. [People v. Vera, 37 Off, Gaz, 164 citing 12 CJ 786]. Earliest opportunity. Exceptions: (a) In criminal cases where the question may be raised at any stage of the proceedings, either in the trial court or on appeal; (b) in civil cases where it is the duty of the court to pass upon the constitutional question, although raised for the first time on appeal, if it appears that a determination of the question is necessary to a decision of the case; and (c) it has also been held that a constitutional question will be considered by an appellate court at any time, where it involves the jurisdiction of the court below. [People v. Vera, 37 Off, Gaz, 164 citing 12 CJ 786].
-EEarliest opportunity. The general rule is that the question of constitutionality must be raised at the earliest opportunity, so that if not raised by the pleadings, ordinarily it may not be raised at the trial, and
Early childhood care and development (ECCD) system. The full range of health, nutrition, early education and social services pro-grams that provide for the basic holistic needs of young children from birth to age six (6), to pro-mote their optimum growth and development. [Sec. 4, RA 8980].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
350 Early neutral evaluation. An alternative dispute resolution (ADR) process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. [Sec. 3, RA 9285]. Earned surplus. Retained earnings.
See
Earnest money. Also Arras. A statutory rule that whenever ear-nest money is given in a contract of sale, it shall be considered as part of the price and as proof of the perfection of the contract. [Art. 1482, CC]. It constitutes an advance payment and must, therefore, be deducted from the total price. Also, earnest money is given by the buyer to the seller to bind the bargain. [Adelfa Properties v. CA, GR 111238. Jan. 25, 1995]. Earnings. A general term embracing revenue profit, or income. [RCPI v. National Wages Council, GR 93044. Mar. 26, 1992]. Easement. Also Servitude. 1. An encumbrance imposed upon an immovable for the benefit of another
immovable belonging to a different owner. [Art. 613, CC]. 2. A real right on another's property, corporeal and immovable, whereby the owner of the latter must refrain from doing or allowing somebody else to do or something to be done on his property, for the benefit of another person or tenement. [Quimen v. CA, GR 112331. May 29, 1996, citing 3 Sanchez Roman 472]. 3. A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well. [Duhaime's Legal Dict., 2004]. Easement of light. Also Jus luminum. The right to pierce the wall of one's
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
351 neighbor to open through which the enter one's house. Yu-Tibo, GR 911. 1903].
a window light may [Cortes v. Mar. 12,
Easement of right of way. Requisites for claiming thereof: (a) The estate is surrounded by other immovables and is without adequate outlet to a public highway; (b) after payment of the proper indemnity; (c) the isolation was not due to the proprietor's own acts; and (d) the right way claimed is at a point least prejudicial to the servient estate, and in so far as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. [Locsin v. Climaco, (26 SCRA 836)]. Easement of right of way. Requisites for a valid grant: (a) The dominant estate is surrounded by other immovables without an adequate outlet to a public highway; (b) the dominant estate is willing to pay the proper indemnity; (c) the isolation was not due to the acts of the dominant estate; and, (d) the right of way being claimed is at a point least prejudicial to the servient estate. [Costabella Corp. v. CA, GR 80511, Jan. 25, 1991, 193 SCRA 333, citing Locsin v. Climaco, GR
L-27319, Jan. 31, 1969, 26 SCRA 816, Angela Estate v. CFI of Negros Occ., GR L27084, July 31, 1968, 24 SCRA 500, Bacolod Murcia Milling v. Capitol Subdivision, GR L-25887, July 26, 1966, 17 SCRA 731]. Easements, how extinguished. (a) By merger in the same person of the ownership of the dominant and servient estates; (b) by nonuser for ten years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements, from the day on which an act contrary to the same took place; (c) when either or both of the estates fall into such condition that the easement cannot be used; but it shall revive if the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number; (d) by the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional; (e) by the renunciation of the owner of the dominant estate; (f) by the redemption
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
352 agreed upon between the owners of the dominant and servient estates. [Art. 631, CC]. ECC. See Employees' Compensation Commission or Environmental Compliance Certificate. ECCD. See Early childhood care and development (ECCD) system. ECCD curriculum. The ageappropriate and developmentally appropriate educational objectives, program of activities, organized learning experiences and recommended learning materials for children that are implemented by service providers through center and home-based programs. [Sec. 4, RA 8980]. ECCD service providers. The various professionals, paraprofessionals, and volunteer caregivers who are directly responsible for the care and education of young children through the various center and home-based programs. [Sec. 4, RA 8980]. Ecclesiastical corporation. A corporation organized fore religious purposes. [Sec. 109, Corp. Code]. Compare with Lay corporation.
Ecclesiastical Canon law.
law.
See
Eclecticism. Theory that international law is derived from both natural law (because certain rights and duties are inherent) and positive law (because the obligation to observe international law is voluntary). [Intl. Law Dict. & Direct., 2004]. Eclectic theory. See Situs theory. Ecological profile or ecoprofile. Geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. [Sec. 3, RA 7942]. Ecology. The life-sustaining interrelationships and interactions of organisms with each other and with their physical surroundings. [Sec. 3, RA 7611]. Economic abuse. Acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: (a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
353 spouse/partner objects on valid, serious and moral grounds as defined in Art. 73 of the Family Code; (b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; (c) destroying household property; 4. controlling the victims' own money or properties or solely controlling the conjugal money or properties. [Sec. 3, RA 9262]. Economically important species. Species or subspecies which have actual or potential value in trade or utilization for commercial purpose. [Sec. 5, RA 9147]. Economically repairable. That condition of supplies or property which can still be repaired or rehabilitated at a reasonable cost or that in which the cost of repair or rehabilitation would not exceed sixty per cent (60%) of the acquisition cost of the item to be repaired/rehabilitated. Changes in monetary rates should be considered in the computation of cost. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Economic and socialized housing. A type of housing
project provided to moderately low in-come families with lower interest rates and longer amortization periods. [Sec. 3, BP 220]. Economic community. A group of states that have (a) eliminated trade barriers between themselves and (b) established a common external tariff. [Intl. Law Dict. & Direct., 2004]. Economic family-sized farm units. An area of farm land that permits efficient use of labor and capital resources of the farm family and will produce an income sufficient to provide a modest standard of living to meet a farm family's needs for food, clothing, shelter, and education with possible allowance for payment of yearly installments on the land, and reasonable reserves to absorb yearly fluctuations in income. [Sec. 166, RA 3844]. Economic family size fishpond. An area of fishpond that permits the sufficient use of labor and capital resources of a family and will produce an income sufficient to provide a modest standard of living to meet a family's need for food, clothing, shelter, health and education with allowance for payment of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
354 yearly installments on the area, and reasonable reserves to absorb yearly fluctuations in income. [Sec. 3, PD 43]. Economic life. The estimated period over which it is anticipated that a machinery may profitably be utilized. [Sec. 3, PD 464]. Economic scale. The minimum quantity or volume of goods required to be efficient. [Sec. 4, RA 8435]. Economic strike. Labor. A strike which is to force wage or other concessions from the employer which he is not required by law to grant. [Consolidated Labor Assoc. v. Marsman, 11 SCRA 589 (1964)]. Economic zone. The special economic zones, industrial estates, ex-port processing zones and free trade zones as defined in RA 7916 or the PEZA Law. [Sec. 3, RA 9239]. Economies of scale. The decrease in unit cost as more units are produced due to the spreading out of fixed costs over a greater number of units produced. [Sec. 4, RA 8435]. Ecosystem. The ecological community considered together with non-living factors and its environment
as a unit. [Claridades, A., Compilation of Notes, 20012006]. Ecstasy. Methylenedioxymethamphetamine.
See
Education Act of 1982. BP 232 entitled “An Act providing for the establishment and maintenance of an integrated system of education” enacted on Sept. 11, 1982. Educational Assistance Act of 1976. PD 932, also known as the "Study Now Pay Later Plan," signed into law on May 13, 1976. Educational community. Those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems. [Sec. 6, BP 232]. Educational corporation. A stock or non-stock corporation organized to provide facilities for teaching or instruction. It maintains a regular faculty and curriculum and have a regular organized body of pupils or students, or attendance at the place where the educational activities are regularly carried on. [Diaz, Bus. Law Rev., 1991 Ed., p. 296, citing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
355 Oleck, Modern Corp. Law, p. 540]. Educational Loan Fund. Funds made available by lending institutions to service the financial needs of the eligible students. [Sec. 1, PD 932]. Educational Loan Guarantee Fund. The funds to be made available by the government for lending institutions to avail in case of defaults in payments of obligations. [Sec. 1, PD 932]. Effective absence. One that renders the officer concerned powerless, for the time being, to discharge the powers and prerogatives of his office. [Gelinas, v. Fugere, 180 A. 346, 351; Watkins, v. Mooney, 71 S. W. 622, 624]. Effective nationality principle. Intl. Law. The principle expressed in Art. 5 of the Hague Convention of 1930 on the Conflict of Nationality Laws as follows: “Art. 5. Within a third State a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status and of any convention in force, a third State shall, of the nationalities which any
such person possesses, recognize exclusively in its territory either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected.” [Frivaldo v. Comelec, GR 87193. June 23, 1989]. Effective occupation doctrine. Intl. Law. The nationals of the discovering state, in its name or by its authority, must first take possession of the territory. Thereafter, they must establish thereon an organization or government capable of making its laws respected. [Sandoval, Pol. Law Reviewer 2003]. Effectivity of laws. Under Art. 2 of the Civil Code, the publication of laws must be made in the Official Gazette, and not elsewhere, as a requirement for their effectivity, after fifteen days from such publication or after a different period provided by the legislature. [Tañada v. Tuvera, GR L63915. Dec. 29, 1986]. Efficient concurring cause. A cause which was operative at the moment of the injury and acted contemporaneously with
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
356 another to produce the injury, and which was an efficient cause in the sense that except for it, the injury would not have occurred. [Moreno’s Law Dict., 2000 Ed., p. 150]. Effluent. 1. Discharge from known sources which is passed into a body of water or land, or waste water flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities. [Sec 4, RA 9275]. 2. Any wastewater, partially or completely treated or any liquid flowing out of mining mill operations, wastewater treatment plants or tailings disposal system. [Sec. 4, DENR Admin. Order 95-23]. Effluent standard. 1. Any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land. [Sec 4, RA 9275]. 2. Restrictions established to limit levels of concentration of physical, chemical and biological constituents which are discharged from point sources. [Sec. 62, PD 1152].
Eight-Hour Labor. Commonwealth Act No. 444, as amended. [Expressly repealed by the Labor Code]. Ei incumbit probatio non qui negat. Lat. He who asserts — not he who denies — must prove. A fundamental evidentiary rule in criminal law that the prosecution has the onus probandi of establishing the guilt of the accused. [People v. Parel, GR 108733. Sep. 16, 1996]. Also Ei incumbit probatio qui dicit, non qui negat. Ejectment. The legal remedy available to the owner of a piece of land to remove persons in possession who have no right to be there. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Ejectment. Grounds: (a) When the period agreed upon, or that which is fixed for the duration of leases under Arts. 1682 and 1687, has expired; (b) lack of payment of the price stipulated; (c) violation of any of the conditions agreed upon in the contract; (d) when the lessee devotes the thing leased to any use or service not stipulated which causes the deterioration thereof; or if he does not observe the requirement in No. 2 of Art. 1657 of the Civil
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
357 Code, as regards the use thereof. [Art. 1673, CC]. Ejectment suit. A suit brought before the proper inferior court to recover physical possession only or possession de facto and not possession de jure, where dispossession has lasted for not more than one year. [De Leon v. CA, GR 96107. June 19, 1995]. Ejusdem generis. Stat. Con. Lat. Of the same kind; An enumeration of a class of things includes all others of the same class. 1. This is based on the rule of classification; when general words follow particular or specific words, the general words are deemed to include only such things or objects as are of the same kind as those enumerated. 2. Under this doctrine, where general terms follow the designation of particular things or classes of persons or subjects, the general term will be construed to comprehend those things or persons of the same class or of the same nature as those specifically enumerated. [Crawford, Stat. Con., p. 191; Go Tiaco v. Union Ins. Society of Camilan, 40 Phil. 40; Mutuc v. COMELEC, 36 SCRA 228]. El diablo. Firecrackers tubular in shape about 1 1/4
inches in length and less than 1/4 inch in diameter with a wick; also known as labintador [Sec. 2, RA 7183]. Election. 1. A choosing or a selection by those having a right to participate (in the selection) of those who shall fill the offices, or of the adoption or rejection of any public measures affecting the territory involved. [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973, citing Bouvier's Law Dict.]. 2. Choice; selection. The selection of one person from a specified class to discharge certain duties in a state, corporation, or a society. [Quiem v. Seriña, GR L-22610. June 30, 1966, citing Bouvier's Law Dict., Vol. I, 3rd Rev., p. 979]. Election campaign or partisan political activity. An act designed to promote the election or defeat of a particular candidate or candidates to a public office. [Bugtong, Diosdado C., CSC Res. 97-0807, Jan. 28, 1997]. Election contests. Adversary proceedings by which matters involving the title or claim of title to an elective office, made before or after proclamation of the winner, is settled whether or not the contestant is claiming the office in dispute and in the case of elections of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
358 barangay officials, it is restricted to proceedings after the proclamation of the winners as no preproclamation controversies are allowed. [Taule v. Santos, GR 90336. Aug. 12, 1991]. Election law. A study of law, rules and procedures involving the conduct of election of all public officials who will exercise the powers of government as allocated to and within their functions and responsibilities. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 2]. Election returns. 1. A machine-generated document showing the date of the election, the province, municipality and the precinct in which it is held and the votes in figures for each candidate in a precinct directly produced by the counting machine. [Sec. 2, RA 8436]. 2. A document showing the date of the election, the municipality in which it is held, and other data, and containing the votes in words and in figures for each candidate in a precinct. [Sec. 2, RA 8046]. Electrical arc. An extremely hot luminous bridge formed by passage of an electric current across a space between two conductors or terminals due to the
incandescence of the conducting vapor. [Sec. 3, PD 1185]. Electrical engineering, practice of. A person is deemed to be in the practice of electrical engineering when he renders or offers to render professional electrical engineering service. [Sec. 2, RA 7920]. Electrical system design. The choice of electrical systems, including planning and detailing of requirements for protection, control, monitoring, coordination and interlocking of electrical systems among others. [Sec. 2, RA 7920]. Electric cooperative. A distribution utility organized pursuant to PD 269, as amended, or as otherwise provided under RA 9136. [Sec. 4, RA 9136]. Electric locomotive. Power plant mounted on wheels as used in the railroad transportation industry. [Sec. 2, RA 7920]. Electric plant. An establishment or a system for the production and modification of electric energy. [Sec. 2, RA 7920]. Electric power industry participant. Any person or entity engaged in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
359 generation, transmission, distribution or supply of electricity. [Sec. 4, RA 9136]. Electric supply equipment. Any equipment which produces, modifies, regulates, or controls the supply of electric energy. [Sec. 2, RA 7920]. Electrofishing. 1. The use of electricity generated by batteries, electric generators and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered. [Sec. 4, RA 8550]. 2. The use of electricity generated by dry-cell batteries, electric generators or other sources of electric power to kill, stupefy, disable or render unconscious fish or fishery/aquatic products in both fresh and salt water areas. [Sec. 3, PD 704]. 3. The use of electricity generated by dry cell batteries, electric generators or other source of electric power to kill, stupefy, disable or render unconscious fish or fishery/aquatic products. It shall include the use of rays or beams of whatever nature, form or source of power. [Sec. 1, PD 534]. Electronic Commerce Act. RA 8792 entitled “An Act
providing for the recognition and use of electronic commercial and noncommercial transactions and documents, penalties for unlawful use thereof and for other purposes” enacted on June 14, 2000. Electronic data message. Information generated, sent, received or stored by electronic, optical or similar means. [Sec. 5, RA 8792]. Electronic document. Information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be prove and affirmed, which is receive, recorded, transmitted, stored, processed, retrieved or produced electronically. [Sec. 5, RA 8792]. Electronic key. A secret code which secures and defends sensitive information that crossover public channels into a form decipherable only with a matching electronic key. [Sec. 5, RA 8792]. Electronic signature. Any distinctive mark, characteristic and/or sound
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
360 in electronic from, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document. [Sec. 5, RA 8792]. Eleemosynary corporation. A corporation established for or devoted to charitable purposes or those supported by charity. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Civil corporation. Elementary education. The first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including preschool programs. [Sec. 20, BP 232]. Elements of a crime. Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (a) that a crime has actually occurred, (b) that the accused intended the crime
to happen, and (c) a timely relationship between the first two factors. [Jurist’s Legal Dict., 2004]. Eligible. A person who obtains a passing grade in a civil service examination or is granted a civil service eligibility and whose name is entered in the register of eligibles. [Sec. 5, Chap. 1, Subtitle A, EO 292; Sec. 3, PD 807]. El penado. Sp. Delicuente condenado a una pena. Eng. a convict or a person already sentenced by final judgment. [Baking v. Dir. of Prisons, GR L-30364. July 28, 1969]. El que es causa de la causa es causa del mal causado. Sp. He who is the cause of the cause is the cause of the evil caused. One is liable for all the direct and natural consequences of his unlawful act even if the ultimate result had not been intended. (People v. Ural, GR L-30801, Mar. 27, 1974, 56 SCRA 138, 144]. Emancipation. 1. It takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years. Emancipation also takes place: (a) by the marriage of the minor; or (b) by the recording in the Civil
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
361 Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. [Art. 234, FC]. 2. The act of freeing a person who is under the legal authority of another (such as a child before the age of majority) from that control (such as a child reaching the age of majority). The term was also used, when slavery was legal, to describe a former slave that had bought or been given freedom from his master. [Duhaime's Legal Dict., 2004]. Emancipation patent. It constitutes conclusive authority for the issuance of an Original Certificate of Transfer, or a Transfer Certificate of Title, in the name of the grantee. Clearly, it is only after compliance with the conditions (in the certificate of land transfer under PD 27) which entitle a farmer/grantee to an emancipation patent that he acquires the vested right of absolute ownership in the landholding — a right which has become fixed and established, and is no longer open to doubt or controversy. At best, the farmer/grantee, prior to compliance with these
conditions, merely possesses a contingent or expectant right of ownership over the landholding. [Pagtalunan v. Tamayo, GR 54281. Mar. 19, 1990]. Embalmer. A person who practices embalming. [Sec. 89, PD 856]. Embalming. Preparing, disinfecting and preserving a dead body for its final disposal. [Sec. 89, PD 856]. Embargo. Intl. Law. 1. The detention by the state seeking redress of the vessels of the offending state or its nationals, whether such vessels are found in the territory of the former or on the high seas. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126]. 2. An act of international military aggression where an order is made prohibiting ships or goods from leaving a certain port, city or territory and may be enforced by military threat of destroying any vehicle that attempts to break it or by trade penalties. The word has also come to refer to a legal prohibition of trade with a certain nation or a prohibition towards the use of goods or services produced by or within a certain nation. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
362 Embattled area. An area such as a portion of a province, city or municipality, where there is actual or imminent danger of disorder, riot, lawless violence, rebellious or seditious conspiracy, insurgency, subversion or other criminal activities of such magnitude as to greatly endanger lives and properties and set back or hamper the progress and effective implementation of the economic, social, political and other development and reform programs therein. [Sec. 1, PD 1162]. Ember. a hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames. [Sec. 3, PD 1185]. Embezzlement. Crim. Law. 1. The illegal transfer of money or property that, although possessed legally by the embezzler, is diverted to the embezzler personally by his fraudulent action. [Duhaime's Legal Dict., 2004]. 2. The fraudulent appropriation by a person to his own use or benefit or property or money entrusted to him by another. [Jurist’s Legal Dict., 2004]. Embezzlement. Crim. Law. Also Estafa with abuse of
confidence. Elements: (a) that personal property is received in trust, on commission, for administration or under any other circumstance involving the duty to make delivery of or to return the same, even though the obligation is guaranteed by a bond; (b) that there is conversion or diversion of such property by the person who has so received it or a denial on his part that he received it; (c) that such conversion, diversion or denial is to the injury of another, and (d) that there be demand for the return of the property, [Saddul v. CA, GR 91041. Dec. 10, 1990, citing Aquino, Vol. III, 1988 Ed., RPC, p. 247]. Emergency. 1. An unforeseen combination of circumstances which calls for immediate action to preserve the life of a person or to preserve the sight of one or both eyes; the hearing of one or both ears; or one or two limbs at or above the ankle or wrist. [Sec. 1, RA 9241]. 2. A condition or state of a patient wherein based on the objective findings of a prudent medical officer on duty for the day there is immediate danger and where delay in initial support and treatment may cause loss of life or cause
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
363 permanent disability to the patient. [Sec. 2, RA 8344]. 3. Any event or occurrence wherein the need for supplies or property has become exceptionally urgent or absolutely indispensable and only to prevent imminent danger to, or loss of, life or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Emergency Medical and Dental Treatment Law. RA 1054. [Expressly repealed by the Labor Code]. Emergency rule. Civ. Law. Under the rule, one who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence. [McKee v. IAC, GR 68102. July 16, 1992]. Emergency treatment and support. Any medical or surgical measure within the capability of the hospital or medical clinic that is administered by qualified health care professionals to prevent the death or
permanent disability of a patient. [Sec. 2, RA 8344]. Emigrant. Any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination. [Art. 13, LC]. Eminent domain, power of. 1. The power of government to take private property for public use. [Benguet v. Rep., GR L-71412. Aug. 15, 1986]. 2. The power of government to take and appropriate private property for public use, which can be done only if due process is complied with and just compensation is paid. While eminent domain and expropriation are usually synonymous, eminent domain refers to the right, while expropriation refers to the process. 3. Government's right to appropriate, in the nature of a compulsory sale to the State, private property for public use or purpose. [Moday v. CA, GR 107916. Feb. 20, 1997, citing Black's Law Dict. 616 (4th Ed.)]. Emission. The act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a known source. [Sec. 62, PD 1152].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
364 Emolument. 1. The profit arising from office or employment; that which is received as compensation for services or which is annexed to the possession of an office, as salary, fees and perquisites. [Phil. Const. Assoc. v. Gimenez, GR L23326. Dec. 18, 1965]. 2. A legal word which refers to all wages, benefits or other benefit received as compensation for holding some office or employment. [Duhaime's Legal Dict., 2004]. Emotionally neglected children. There is emotional neglect when children are maltreated, raped or seduced; when children are exploited, overworked or made to work under conditions not conducive to good health; or are made to beg in the streets or public places, or when children are in moral danger, or exposed to gambling, prostitution and other vices. [Art. 141, PD 603]. Empathy. A shared feeling between husband and wife experienced not only by having spontaneous sexual intimacy but a deep sense of spiritual communion. Marital union is a two-way process. [Ilusorio v. Ilusorio-Bildner, GR 139789. July 19, 2001].
Employ. To suffer or permit to work. [Art. 97, LC]. Employee. 1. Labor. Any individual employed by an employer. [Art. 97, LC]. 2. Health Ins. Any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services, where there is an employer-employee relationship. [Sec. 1, RA 9241]. Employee of den, dive or resort. The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof. [Sec 3, RA 9165]. Employees' Compensation Commission (ECC). The agency created under the Labor Code (PD 442) to initiate, rationalize and coordinate the policies of the employees' compensation program. [Art. 176, LC]. Employees' Compensation Law. PD 626, as amended,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
365 (which) “grants disability benefits to those who suffer loss or impairment of a physical or mental function resulting from injury arising out of, or in the course of employment, or from any illness accepted as an occupational disease listed by the ECC or any illness subject to proof that the risk of contracting the same was increased by the claimant's working conditions. [GSIS v. CA, GR 115243. Dec. 1, 1995]. Employer. 1. Labor. Any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the Government and all its branches, subdivisions and instrumentalities, all government-owned or controlled corporations and institutions, as well as nonprofit private institutions or organizations. [Art. 97, LC]. 2. Health Ins. A natural or juridical person who employs the services of an employee. [Sec. 1, RA 9241]. 3. Any parent, legal guardian or producer acting as employer who hires or engages the services of any child below 15 years of age. [Sec. 2, RA 7658]. Employer employee relationship. Elements: (a) Selection and engagement of the employee; (b)
payment of wages; (c) power of dismissal; and (d) the power to control the employee's conduct. [Vallum Security Services v. NLRC. GR 97320-27, July 30, 1993]. Employer's Liability Act. Act No. 1874. [Expressly repealed by the Labor Code]. Employment. 1. Renumerative work either for an employer or selfemployment. [Sec. 1, Rule 1, Book 2, IRR of LC]. 2. In case of private employers includes all employment or work at a trade, occupation or profession exercised by an employer except domestic service. [Sec. 39, RA 4119]. Empowerment. Providing authority, responsibility and information to people directly engaged in agriculture and fishery production, primarily at the level of the farmers, fisherfolk and those engaged in food and non-food production and processing, in order to give them wider choices and enable them to take advantage of the benefits of the agriculture and fishery industries. [Sec. 4, RA 8435]. Emptio or emtio. Lat. Purchase or the contract in which something is bought.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
366 [Duhaime's 2004].
Legal
Dict.,
Emptio res speretae. Lat. Sale of things having a potential existence. [Art. 1461, CC]. Emptio spei. Lat. Sale of mere hope or expectancy. [Art. 1461, CC].
disturbances of sensorium, seizures, drowsiness, delirium, and, rarely, coma. [Rase v. NLRC, GR 110637. Oct. 7, 1994]. En concepto de dueño. Sp. Under claim of title; adverse, as in possession. [Cuaycong v. Benedicto, 37 Phil. 781]. En cuadrilla. See Band.
Enacting clause. It is that part of the statute which indicates the authority which promulgated the enactment. [Suarez, Stat. Con., (1993), p. 46]. Enactment. A law or a statute; a document which is published as an enforceable set of written rules is said to be enacted. [Duhaime's Legal Dict., 2004]. En banc. All the Justices of a court sitting together. Appellate courts can consist of several Justices, but often they hear cases in panels of three or five Justices. If a case is heard or reheard by the full court, it is heard en banc. [Claridades, A., Compilation of Notes, 20012006]. Encargado. Coordinator.
See
Encephalitis. The inflammation of the brain and its coverings (the meninges) which produce
Encumbrance. 1. Anything that impairs the use or transfer of property; anything which constitutes a burden on the title; a burden or charge upon property; a claim on lien upon property. A legal claim on an estate for the discharge of which the estate is liable; an embarrassment of the estate or property so that it cannot be disposed of without being subject to it; an estate, interest, or right in lands, diminishing their value to the general owner; a liability resting upon an estate. [Rep. v. CA, GR 100709. Nov. 14, 1997, citing Moreno, Phil. Law Dict., 2nd Ed., 1972, pp. 207-208]. 2. Every right to, or interest in, the land which may subsist in third persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance; any (act) that impairs the use or transfer of property or real estate. [Roxas v. CA, GR 92245.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
367 June 26, 1991, citing 42 CJS, p. 549]. 3. Legal right to hinder or impede the transfer of ownership. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Encumbrancer. A lien or mortgage holder; one who has a legal claim against an estate. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 274]. Encyclopedia. A book or series of books arranged alphabetically by topics containing information on areas of law, including citations to support the information. [Glossary of Legal Terms (Pro-Se), 2004]. Endangered rare or threatened species. Aquatic plants, animals, including some varieties of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations. [Sec. 4, RA 8550]. Endangered species. Species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating. [Sec. 5, RA 9147]. Endemic species. Species or sub-species which is naturally occur-ring and found only within specific
areas in the country. [Sec. 5, RA 9147]. Endorsement. 1. A signature on the back of the bill of exchange by which the person to whom the note is payable transfers it by thus making the note payable to the bearer or to a specific person. 2. The act of a payee, drawee, accommodation party, or holder of a negotiable instrument in signing the back of the instrument, with or without qualifying words, to transfer rights in the instrument to another. [Intl. Law Dict. & Direct., 2004]. See Rider. Endowment. The transfer of money or property (usually as a gift) to a public organization for a specific purpose, such as medical research or scholarships. [Duhaime's Legal Dict., 2004]. End-user of electricity. Any person or entity requiring the supply and delivery of electricity for its own use. [Sec. 4, RA 9136]. Energy plantation. A scheme whereby fastgrowing crops or trees such as ipil-ipil are deliberately and systematically planted in order to continuously provide fuel to a power
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
368 generating station located at the site. [Sec. 2, PD 1068]. Energy projects. Activities or projects relative to the exploration, extraction, production, importationexportation, processing, transportation, marketing, distribution, utilization, conservation, stockpiling, or storage of all forms of energy products and resources. [Sec. 3, RA 7638]. Energy Regulatory Board (ERB). The independent, quasi-judicial regulatory body created under EO 172, as amended. [Sec. 4, RA 9136]. Energy Regulatory Commission (ERC). The regulatory agency created under RA 9136. [Sec. 4, RA 9136]. Enervate. To debilitate. [Moreno’s Law Dict., 2000 Ed., p. 154]. Engaging in business. Pursuing an occupation or employment as a livelihood or source of profit and must be a series of acts rather than the doing of a single act pertaining to the particular business. [Moreno’s Law Dict., 2000 Ed., p. 154]. English Exchequer Rule. Evid. A specie of a mid-1800 rule pursuant to which "a
trial court's error as to the admission of evidence was presumed to have caused prejudice and therefore, almost automatically required a new trial.” [People v. Teehankee, GR 111206-08. Oct. 6, 1995, citing La Fave and Israel, op cit, p 1160]. See Harmless error. English rule. The rule that crimes committed aboard foreign merchant vessels can be tried in the courts of that country, unless they merely affect thing within the vessel or they refer to the internal management thereof. [Claridades, A., Compilation of Notes, 20012006]. Compare with French rule. Enjoin. To order a person to perform, or to abstain and desist from performing a specified act or course of conduct. [Jurist’s Legal Dict., 2004]. Enjoining. An order by the court telling a person to stop performing a specific act. [Glossary of Legal Terms (Pro-Se), 2004]. See Injunction. Enormity of order. That circumstance wherein the supplies or property to be delivered exceed the normal requirement or is out of proportion to the usual
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
369 volume of orders. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Enquiry. Pub. Intl. Law. An ascertainment of the pertinent facts and issues in a dispute. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1077]. Enriquecimiento torticero. Sp. Unjust enrichment. [Claridades, A., Compilation of Notes, 2001-2006]. Enrolled bill. A declaration by the two houses, through their presiding officers, to the president, that a bill, thus attested, has received in due form, the sanction of the legislative branch of the government, and that it is delivered to him in obedience to the constitutional requirement that all bills which pass Congress shall be presented to him. And when a bill, thus attested, receives his approval, and is deposited in the public archives, its authentication as a bill that has passed Congress should be deemed complete and unimpeachable. [Tolentino v. Sec. of Finance, GR 115525. Aug. 25, 1994, citing Field v. Clark, 143 U.S. 649, 36 L ed. 294]. Enrolled bill doctrine. The doc-trine under which a court may not look behind a
(legislative) bill, enrolled and certified by the appropriate officers, to determine if there are any defects. [Dissenting Opinion, Regalado J. in Tolentino v. Sec. of Finance, GR 115525. Aug. 25, 1994, citing 602 South Western Reporter, 2d Series, 402-425]. Enrollment. The process to be determined by the Phil. Health Ins. Corp. (PHIC) in order to enlist individuals as members or dependents covered by the National Health Insurance Program. [Sec. 1, RA 9241]. Entity. A person or legally recognized organization. [Glossary of Le-gal Terms, Pro-Se Handbook, 2004]. Entrapment. 1. The employment of such ways and means for the purpose of trapping or capturing a lawbreaker. [People v. Ramos, Jr., 203 SCRA 237 (1991)]. 2. The act of inducing a person to commit a crime so that a criminal charge will be brought against him. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Instigation. Entrepreneurship. Training for self-employment or assisting individual or small industries. [Art. 44, LC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
370 Entrepreneurship training. The training schemes to develop persons for selfemployment or for organizing, financing and/or managing an enterprise. [Sec. 1, Rule 1, Book 2, IRR of LC]. Entrustee. The person having or taking possession of goods, documents or instruments under a trust receipt transaction, and any successor in interest of such person for the purpose or purposes specified in the trust receipt agreement. [Sec. 3, PD 115]. Entruster. The person holding title over the goods, documents, or instruments subject of a trust receipt transaction, and any successor in interest of such person. [Sec. 3, PD 115]. Entry. Customs Law. 1. The documents filed at the Customs house. 2. The submission and acceptance of the documents. 3. The procedure of passing goods through the Customs house. [Rodriguez v. CA, GR 115218. Sep. 18, 1995, citing Tariff and Customs Code, Sec. 1201]. Entry of judgment. A statement of conclusion reached by the court and placed in the court record.
[Glossary of Legal (Pro-Se), 2004].
Terms
Enucleation. The removal of the eye ball from the orbit after the optic nerve and eye muscles have been severed. [Sec. 4, DOH Admin. Order 11-95]. Environment. The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives. [Glossary of Legal Terms (Pro-Se), 2004]. Environmental compliance certificate (ECC). The document issued by the government agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system. [Sec. 3, RA 7942]. Environmental impact. The alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed project. [Sec. 62, PD 1152]. Environmental impact statement (EIS). The
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
371 document which aims to identify, predict, interpret, and communicate information regarding changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment. [Sec. 3, RA 7942]. Environmentally critical areas. Terrestrial, aquatic and marine areas that need special protection and conservation measures as they are ecologically fragile. [Sec. 3, RA 7611]. Environmental management. The entire system which includes, but is not limited to, conservation, regulation and minimization of pollution, clean production, waste management, environmental law and policy, environmental education and information, study and mitigation of the environmental impacts of human activity, and environmental research. [Sec 4, RA 9275]. Environmental management system. The part of the overall management system that includes organizational structure, planning activities,
responsibilities, practices, procedures, processes and re-sources for developing, implementing, achieving, reviewing and maintaining the environment policy. [Sec 4, RA 9275]. Environmental planner. A person engaged in the practice of environmental planning and duly registered with the Board of Environmental Planning. [Sec. 2, PD 1308]. Environmental planning. Activities concerned with the management and development of land, as well as the preservation, conservation, and rehabilitation of the human environment. [Sec. 2, PD 1308]. Envoy. See Diplomat Ambassador.
or
Envoys extraordinary. See Ministers plenipotentiary. Epilepsy. A symptom of some underlying brain damage or disorder. [People v. Antonio, GR 107950. June 17, 1994]. Equal division rule. The general rule that relatives in the same degree shall inherit in equal shares, subject to the following exceptions: (a) Should brother and sisters of the full blood survive together with
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
372 brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter; (b) should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; and (c) should they be of different lines but of equal degree, one-half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. [Arts. 962, 987 and 1006, CC]. Equality in taxation. This is accomplished when the burden of the tax falls equally and impartially on all the persons and property subject to it, so that no higher rate or greater levy in proportion to value is imposed on one person or species of property than on others similarly situated or of like character. [Villanueva v. City of Iloilo, GR sL-26521. Dec. 28, 1968, citing 84 CJS 77]. Equal protection of the law. 1. Const. Law. All persons or things similarly situated must be treated alike both as to the rights conferred and the liabilities imposed. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. 2. The guarantee in the Philippine
Constitution that all persons be treated equally by the law. [Claridades, A., Compilation of Notes, 20012006]. Equipment. 1. All articles needed to outfit an individual or organization which do not lose their identify when used or applied. The term refers to typewriters, adding machines, computers, printers, vehicles, weapons and other similar items. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Those articles that are not necessarily so consumed, but which may survive the particular work and be further used on work of like character. [Kilosbayan, Inc. v. Morato, GR 118910. July 17, 1995]. Compare with Supply. Equipment bonds. Corp. Law. Bonds secured by a mortgage or pledge on corporate movable property. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Equipoise rule. Rem. Law. The rule that provides that where the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of innocence should tilt the scales in favor of the accused. [People v. Benemerito, GR 120389.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
373 Nov. 21, 1996, citing Phil. Law Dict. (1991-1992 supplement), 30].
and unenforceable at law but which under well recognized equitable principles should and is convertible into a legal right or title. [Diaz, Bus. Law Rev., 1991 Ed., p. 213, citing 30 CJS 401].
Equiponderance of evidence rule. Rem. Law. The rule which that states that when the scale shall stand upon an equipoise and there is nothing in the evidence which shall incline it to one side or the other, the court will find for the defendant. Under the said principle, the plaintiff must rely on the strength of his evidence and not on the weakness of defendant's claim. Even if the evidence of the plaintiff may be stronger than that of the defendant, there is no preponderance of evidence on his side if such evidence is insufficient in itself to establish his cause of action. [Sapu-an v. CA, Oct. 19, 1992, 214 SCRA 701, 705706].
Equitable mortgage. 1. A mortgage in which although lacking in some formality, form or words, or other requisites demanded by a statute nevertheless reveals the intention of the parties to charge a real property as security for a debt, and contains nothing impossible or contrary to law. [Santos v. CA, GR 83664. Nov. 13, 1989, citing 41 CJ 303; Art. 1602, CC). 2. One where the intention of the parties is simply a security for the fulfillment of an obligation, but lacks the formalities of a mortgage. [Diaz, Bus. Law Rev., 1991 Ed., p. 147].
Equitable assignment. An instrument, bill or note made payable to order and transferred without indorsement. [Moreno’s Law Dict., 2000 Ed., p. 156].
Equitable ownership. That of one who has the beneficial ownership. [Moreno’s Law Dict., 2000 Ed., p. 158]. Also Equitable title.
Equitable estoppel. Estoppel in pais.
Equitable taxation. Taxation the burden of which falls on those better able to pay. [Reyes v. Almanzor, GR 49839-46. Apr. 26, 1991]. Compare with Progressive taxation.
See
Equitable interest. An interest not duly recognized by law, but in equity alone; it is a right or interest in property which is imperfect
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
374 Equitable title. That of one who has the beneficial ownership. [Moreno’s Law Dict., 2000 Ed., p. 158]. Also Equitable ownership. Equity. Admin. Law. The amount received by government-owned or controlled corporations as payment of capital subscriptions and generally capital investment of the national government in said corporations and which form part of their capitalization. [Sec. 3, EO 518]. Equity. Civ. Law. 1. Justice outside law, being ethical rather than jural and belonging to the sphere of morals than of law. It is grounded on the precepts of conscience and not on any sanction of positive law. [PLDT v. NLRC, GR L-80609. Aug. 23, 1988]. 2. Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons. [Glossary of Legal Terms (Pro-Se), 2004]. Equity, courts of. Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. [Jurist’s Legal Dict., 2004]. Equity follows the law. The principle that there are instances in which a court of
equity gives a remedy where the law gives none; but where a particular remedy is given by the law, and that remedy is bounded and circumscribed by particular rules, it would be very improper for the court to take it up where the law leaves it and to extend it further than the law allows. [Phil. Rabbit Bus Lines, Inc. v. Arciaga, GR L-29701. Mar. 16, 1987, citing Pomeroy's Equity Jurisp. Vol. 2 pp. 188189]. Equity jurisdiction. The jurisdiction which the Court may exercise -where specific performance according to the literal terms of a contract would result in inequity by reason of the circumstances obtaining at the time of judgment being significantly different from those existing at the generation of the rights litigated -- to adjust those rights and, in determining the precise relief to be given, "balance the equities" or the respective interests of the parties and take account of the relative hardship that one form of relief or another may occasion to them. [Agcaoili v. GSIS, GR L30056. Aug. 30, 1988]. Equity of jurisdiction, exercise of. A situation where the court is called upon to decide a particular
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
375 situation and releases the parties from their correlative obligations but if it would result in adverse consequences to the parties and the public, the court would go beyond its powers to avoid the negative consequences in the release of the parties. [Albano, Rem. Law Reviewer, 1st Ed., p. 4, citing Agne v. Dir. of Lands, 181 SCRA 793]. Equity of redemption. The right of the defendant mortgagor to extinguish the mortgage and retain ownership of the property by paying the amount fixed in the decision of the court within ninety (90) to one hundred twenty (120) days after entry of judgment or even after the foreclosure sale but prior to its confirmation. [Bench Book for Trial Court Judges, p. 291, citing Sec. 2, Rule 68, RoC]. Compare with Right of redemption. Equity of the incumbent. Labor. The rule that all existing federations and national unions which meet the qualifications of a legitimate labor organization and none of the grounds for cancellation shall continue to maintain their existing affiliates regardless of the nature of the industry and the location of the affiliates. [Art. 240, LC].
Erectile dysfunction or impotence. Legal Med. The inability to initiate or maintain an erection of the penis usually resulting from vascular impairment, neurologic disorders, drugs, abnormalities of the penis or psychological problems that interfere with sexual arousal. [Olarte, Legal Med., 1st Ed. (2004), p. 126]. Ergo, res inter alios judicatae nullum aliis praejudicarium faciunt. Lat. Matters adjudged in a cause do not prejudice those who were not parties to it. [Arcelona v. CA, GR 102900. Oct. 2, 1997, citing Black's Law Dict., 5th Ed., p. 1178]. Erroneous appeal. An appeal taken to either the Supreme Court or the Court of Appeals by the wrong or inappropriate mode (which under the rules) shall be dismissed. [Nerves v. CSC, GR 123561. July 31, 1997, citing SC Circular 2-90]. Error en la persona. See Aberratio ictus. Error in personae. Crim. Law. Lat. Mistake in the identity of the victim. [People v. Sabalones, GR 123485. Aug. 31, 1998]. Compare with Aberratio ictus.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
376 Error nominis nunquam nocet, si de identitate rei constat. Lat. A mistake in the name is never prejudicial where the identity or the person intended is certainly known. [Capulong v. CA, GR 85790. May 9, 1990]. Error of judgment. An error which the court may commit in the exercise of its jurisdiction. It is reviewable by appeal. [Fernando v. Vasquez, GR L-26417. Jan. 30, 1970]. Error of jurisdiction. An error that renders an order or judgment (of the court) void or voidable. It is reviewable on certiorari. [Fernando v. Vasquez, GR L26417. Jan. 30, 1970]. Error placitandi aequitatem non tollit. Lat. A clerical error does not take away equity. [Ingson v. Olaybar, 52 Phil. 395, Dec. 4, 1928]. Error scribentis nocere non debit. Lat. An error made by a clerk ought not to injure; a clerical error may be corrected. [Ingson v. Olaybar, 52 Phil. 395, Dec. 4, 1928]. Errors of judgment. Errors committed by a lower court which are correctible by appeal. [Ongsitco v. CA, GR 121527. Mar. 29, 1996,
citing Regalado, Rem. Law Compendium, Vol. I, 1988 Ed.]. Errors of jurisdiction. Errors committed by a lower court which are reviewable by certiorari. [Ongsitco v. CA, GR 121527. Mar. 29, 1996, citing Regalado, Rem. Law Compendium, Vol. I, 1988 Ed.]. Escalation clauses. Clauses in construction contracts which commonly provide for increases in the contract price under certain specified circumstances, e.g., as the cost of selected commodities (cement, fuel, steel bars) or the cost of living in the general community (as measured by, for instance, the Consumer Price Index officially published regularly by the Central Bank) move up beyond specified levels. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987]. Escalator clause. One in which the contract fixes a base price but contains a provision that in the event of specified cost increases, the seller or contractor may raise the price up to a fixed percentage of the base. [Banco Filipino v. Del Valle, 152 SCRA 346]. Escape of prisoner under the custody of a person not a public officer. Crim.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
377 Law. The felony committed by any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in Art. 223 and 224 of the Rev. Penal Code. [Art. 225, RPC]. Escheat. 1. A (special) proceeding whereby the real and personal property of a deceased person becomes the property of the State upon his death without leaving any will or legal heirs. [Mun. Council of San Pedro v. Colegio de San Jose, GR 45460. Feb. 25, 1938]. 2. The reversion of property to the State when the title thereto fails from defect of an heir. It is the falling of a decedent’s estate into the general property of the State. [Bench Book for Trial Court Judges, p. 3-2]. 3. The process by which a deceased person's property goes to the state if no heir can be found. [Glossary of Legal Terms (Pro-Se), 2004]. Escritura de venta absoluta. Sp. Deed of absolute sale. [Claridades, A., Compilation of Notes, 2001-2006]. Escrow. 1. When the performance of something is outstanding and a third party holds onto the money
or a written document (such as shares or a deed) until a certain condition is met between the two contracting parties. 2. Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met. [Glossary of Legal Terms (Pro-Se), 2004]. Escrow shares. Corp. Law. Those deposited with a person to be delivered to another upon fulfillment of a condition. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Eskirol. Tag. Scab. [Lino v. Fugoso, GR L-1159. Jan. 30, 1947]. Espionage. Crim. Law. The felony committed by any person who without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine archipelago; or being in possession, by reason of the public office he holds, of such articles, data, or information, discloses their contents to a representative of a foreign nation. [Art. 117, RPC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
378 Espionage Law. CA 616 entitled “An Act to punish espionage and other offenses against the national security” enacted on June 4, 1941. Essential drugs list. Also National drug formulary. A list of drugs prepared and periodically updated by the Department of Health on the basis of health conditions obtaining in the Philippines as well as on an internationally accepted criteria. It shall consist of a core list and a complementary list. [Sec 3, RA 9165]. Essential hypertension. Commonly used to describe a rise in the blood pressure of an individual when no specific factor is attributed to its development. [Naval v. ECC, GR 83568. July 18, 1991]. Establish. To settle or fix firmly; place on a permanent footing. To originate and secure the permanent existence of, to found, to institute, to create and regulate, as of a colony, estate or other institution or to place upon a secure foundation. [Palad v. Gov. of Quezon, GR L-24302. Aug. 18, 1972]. Established value. Information value.
See
Estafa. Also Swindling. Crim. Law. The felony committed by any person who shall defraud another, if the fraud be committed by any of the following means: (a) With unfaithfulness or abuse of confidence; (b) by means of false pretenses or fraudulent acts executed prior to or simultaneously with the com-mission of the fraud; (c) through any of the following fraudulent means: (i) by inducing another, by means of deceit, to sign any document; (ii) by resorting to some fraudulent practice to insure success in a gambling game; (iii) by removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers. [Art. 315, RPC]. Estafa. Elements: (a) That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third party. [People v. Bautista, 241 SCRA 216, 222, Feb. 9, 1995]. Estafa notes. A much abused and trite device resorted to by money lenders to cover their usurious lending activities, [Moreno’s Law Dict., 2000 Ed., p. 161].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
379 Estafa through misappropriation. Elements: (a) That money, goods or other personal property is received by the offender in trust, or in commission or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; (b) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; (c) that such misappropriation or conversion or denial is to the prejudice of another; and (d) that there is a demand made by offended party on the offender. [Fontanilla v. People, GR 120949. July 5, 1996, citing Reyes, The Rev. Penal Code, Book II, 13th Ed., p. 658]. See also Estafa with abuse of confidence. Estafa with abuse of confidence. Elements: (a) That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any obligation involving the duty to make delivery of, or to return, the same; (b) that there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; (c) that such
misappropriation or conversion or denial is to the prejudice of another; (d) that there is a demand made by the offended party on the offender. [Art. 315, RPC]. See also Estafa through misappropriation. Estate. 1. The totality of interest which a person has from absolute ownership down to naked possession. [PNB v. CA, GR 118357. May 6, 1997]. 2. The property and transmissible rights and obligations of a person existing at the time of his death and those which have accrued thereto since the opening of the succession. [Moreno’s Law Dict., 2000 Ed., p. 161]. Estate planning. the area of law that deals with planning for the inevitability of death, such as obtaining life insurance to pay for the costs of a funeral, preparing a simple Will, and other preparations. More comprehensive planning, such as preparing a more complex Will, Trust, and related estate planning documents may also be needed. It depends on the size of the estate and how comprehensive the needs are. [LawInfo Legal Dictionary (2005)]. Estate tax. Generally, a tax on the privilege of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
380 transferring property to others after a person's death. [Glossary of Legal Terms (Pro-Se), 2004]. Estimated tax. The amount which the individual declared as income tax in his final adjusted and annual income tax return for the preceding taxable year minus the sum of the credits allowed under this Title against the said tax. If, during the current taxable year, the taxpayer reasonably expects to pay a bigger income tax, he shall file an amended declaration during any interval of installment payment dates. [Sec. 74, NIRC, as amended]. Estoppel. 1. An admission or representation which is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon. [Art. 1431, CC]. 2. It arises when one, by his acts, representations, or admissions, or by his silence when he ought to speak out, intentionally or through culpable negligence induces another to believe certain facts to exist and such other rightfully relies and acts on such belief, so that he will be prejudiced if the former is permitted to deny the existence of such facts [Huyatid v. Huyatid, 47265R, Jan. 4, 1928].
Estoppel against tenant. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them. This is a conclusive presumption. [Sec. 2 (b), Rule 131, RoC]. Estoppel by conduct. Requisites: (a) There must have been a representation or concealment of materiel facts; (b) the representation must have been with knowledge of the facts; (c) the party to whom it was made must have been ignorant of the truth of the matter; and (d) it must have been made with the intention that the other party would act upon it. [Maneclang v. Baun, 208 SCRA 179, at p. 192 (Apr. 22, 1992)]. Estoppel by deed. A doctrine in American jurisprudence whereby a party creating an appearance of fact which is not true is held bound by that appearance as against another person who has acted on the faith of it. [Strong v. Gutierrez Repide, 6 Phil. 685]. Compare with Estoppel in pais. Estoppel by judgment. The rule precluding the litigation of particular issues in a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
381 subsequent action on a different cause of action. [Meralco v. CA, GR L-33794. May 31, 1982, citing 46 Am Jur 2d. pp. 563-566]. Sometimes called Estoppel by record. Estoppel by laches. A party can-not invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction. The question whether the court had jurisdiction either of the subject matter of the action or of the parties was not important in such cases because the party is barred from such conduct not because the judgment or order of the court is valid and conclusive as an adjudication, but for the reason that such a practice cannot be tolerated — obviously for reasons of public policy. [Tijam v. Sibonghanoy, GR L-21450. Apr. 15, 1968]. Estoppel by pais. Requisites: (a) Conduct amounting to false representation or concealment of material facts or at least calculated to convey the impression that the facts are otherwise than, and inconsistent with, those which the party subsequently attempts to
assert; (b) intent, or at least expectation, that this conduct shall be acted upon, or at least influenced by the other party; and (c) knowledge, actual or constructive, of the actual facts. [Maneclang v. Baun, 208 SCRA 179, at p. 192 (Apr. 22, 1992)]. Estoppel by record. See Estoppel by judgment. Estoppel by silence. Estoppel (that) arises where a person, who by force of circumstances is under a duty to another to speak, refrains from doing so and thereby leads the other to believe in the existence of a state of facts in reliance on which he acts to his prejudice. Silence may support an estoppel whether the failure to speak is intentional or negligent. [Santiago Syjuco, Inc. v. Castro, GR 70403. July 7, 1989]. Estoppel by verdict. The effect of the former proceeding to preclude further litigation of the particular facts on which the (court) necessarily made findings in the former action. [Meralco v. CA, GR L-33794. May 31, 1982, citing 46 Am Jur 2d. pp. 563-566]. Compare with Estoppel by judgment.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
382 Estoppel doctrine. It is based upon the grounds of public policy, fair dealing, good faith and justice, and its purpose is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon. Said doctrine springs from equitable principles and the equities of the case. It is designed to aid the law in the administration of justice where without its aid injustice might result. [PNB v. CA, L-30831, Nov. 21, 1979, 94 SCRA 368]. Estoppel in pais or by conduct. Also Equitable estoppel. It arises when one, by his acts, representations or admissions, or by his silence when he ought to speak out, intentionally, or through culpable negligence, induces another to believe certain facts to exist and such other rightfully relies and acts on such belief, so that he will be prejudiced if the former is permitted to deny the existence of such facts. [Panay Electric v. Ca, GR 81939. June 29, 1989]. Compare with Estoppel by deed. Estoppel in pais or by conduct. Also Equitable estoppel. Elements: (a)
There must have been a representation or concealment of material facts; (b) the representation must have been made with knowledge of the facts; (c) the party to whom it was made must have been ignorant of the truth of the matter; and (d) it must have been made with the intention that the other party would act upon it. [Bucoy v. Paulino, GR L-25775. Apr. 26, 1968; Art. 1437, CC]. Estrada doctrine. Intl. Law. 1. The doctrine that espouses a policy of never issuing any declaration giving recognition to governments and of accepting whatever government is in effective control without raising the issue of recognition. [Sandoval, Pol. Law Reviewer 2003]. 2. A doctrine attributed to Foreign Minister Genaro Estrada of Mexico. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44]. Compare with Wilson doctrine. Et al. An abbreviation of the Latin et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding. [Jurist’s Legal Dict., 2004]. Ethics. Of or relating to moral action and conduct; professionally right;
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
383 conforming to professional standards. [Glossary of Legal Terms (Pro-Se), 2004]. Ethnolinguistic regions. Certain geographical areas where particular groups of people speak a common language. [Sec. 3, RA 7104]. Et seq. An abbreviation for the Latin et sequentes, meaning "and the following," ordinarily used in referring to a section of statutes. [Jurist’s Legal Dict., 2004]. Euthanasia. 1. The putting to death, by painless method, of a terminally-ill or severely debilitated person through the omission (intentionally withholding a life-saving medical procedure, also known as Passive euthanasia) or commission of an act (Active euthanasia). [Duhaime's Legal Dict., 2004]. 2. Mercy killing. [Bagajo v. Marave, GR L-33345. Nov. 20, 1978]. Evasion of service of sentence. Crim. Law. The felony committed by any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. Such evasion or escape may also take place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using
picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution. [Art. 157, RPC]. Evasion of service of sentence. Crim. Law. Elements: (a) The offender is a convict by final judgment; (b) he "is serving his sentence which consists in deprivation of liberty"; and (c) he evades service of sentence by escaping during the term of his sentence. [Tanega v. Masakayan, GR L27191. Feb. 28, 1967, citing Reyes, Rev. Penal Code, 1956 Ed., Vol. II, p. 115]. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. Crim. Law. The felony committed by a convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated. [Art. 158, RPC]. Evasion of the law. A principle of the conflict of laws, better known in civilian jurisdictions, which consists
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
384 of the intentional and improper manipulation of contacts (connecting factors), in order to avoid the application of the proper law. [Tetley, Glossary of Conflict of Laws, 2004].
object can be deposited with the court (e.g., a signed contract). This is sometimes called real evidence. In other cases, evidence can be circumstantial. [Duhaime's Legal Dict., 2004].
Every. Each one of a group, without exception. It means all possible and all, taken one by one. [National Housing Corp. v. Juco, 134 SCRA 173].
Evidence aliunde. Evidence from outside, from another source. In certain cases, a written instrument may be explained by evidence aliunde, that is, by evidence drawn from sources exterior to the instrument itself, e.g., the testimony of a witness to conversations, admissions, or preliminary negotiations. Evidence aliunde (i.e., from outside the will) may be received to explain an ambiguity in a will. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 38].
Eviction. 1. The act which deprives a person of the use and enjoyment of property. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. 2. The judicial process which takes place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is deprived of the whole or of a part of the thing purchased. [Diaz, Bus. Law Rev., 1991 Ed., p. 133, citing Art. 1548, CC]. Evidence. 1. The means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. [Sec. 1, Rule 128, RoC]. 2. Proof of fact(s) presented at a trial. The best and most common method is by oral testimony where an eyewitness swears to tell the truth and to then relate to the court his experience. Besides oral testimony, an
Evidence in chief. Direct evidence. [Moreno’s Law Dict., 2000 Ed., p. 162]. Evident. Clear to the vision and understanding. [Moreno’s Law Dict., 2000 Ed., p. 162]. Evidentiary facts. 1. Facts necessary to prove essential or ultimate facts. [Salita v. Magtolis, GR 106429. June 13, 1994, citing Black's Law Dict., 4th Ed.]. 2. Those facts which are necessary for determination of the ultimate facts; they are the premises upon which
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
385 conclusions of ultimate facts are based. [Tantuico v. Rep., GR 89114. Dec. 2, 1991, citing Black's Law Dict., 5th Ed., p. 500]. Compare with Ultimate facts. Evident premeditation. Elements: (a) The time when the accused decided to commit the crime; (b) an overt act showing that the accused had clung to their determination to commit the crime; and (c) the lapse of a sufficient period of time between the decision and the execution of the crime, to allow the accused to reflect upon the consequences of the act. [People v. Silvestre, 244 SCRA 479, 494-495, May 29, 1995].
enforced by the legal system no matter how "unfair" it may prove to be. But a case to be decided ex aequo et bono, overrides the strict rule of law and requires instead a decision based on what is fair and just given the circumstances. [LawInfo Legal Dictionary (2005)]. 2. According to what is just and good. Maxim that a tribunal should decide a dispute upon rules of equity rather upon than upon the existing rules of international law. (a) The International Court of Justice will only make such a decision if instructed to do so by the parties. (b) Other international tribunals (including the International Labor Organization Administrative Tribunal) have held that they have inherent equitable powers to decide disputes. [Intl. Law Dict. & Direct., 2004].
Ex abundanti cautela. Lat. With abundant caution. Stated in opposition to a court order, it is an expression that petitioner takes such order with abundant abundant caution. [Moreno’s Law Dict., 2000 Ed., p. 163].
Exaltation. Legal Med. A feeling of unwarranted wellbeing and happiness. [Olarte, Legal Med., 1st Ed. (2004), p. 150].
Ex aequo et bono. Lat. 1. "In justice and fairness." Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. Most legal cases are decided on the strict rule of law. For example, a contract will be normally upheld and
Examination. Admin. Law. 1. A civil service examination conducted by the Civil Service Commission and its regional offices or by other departments or agencies with the assistance of the Commission, or in coordination or jointly with it, and those that it may
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
386 delegate to departments and agencies pursuant to PD 807, or those that may have been delegated by law. [Sec. 3, PD 807]. 2 As applied to auditing, it means "to probe records, or inspect securities or other documents; review procedures, and question persons, all for the purpose of arriving at an opinion of accuracy, propriety, sufficiency, and the like." [Arias v. Sandiganbayan, GR 81563. Dec. 19, 1989, citing State Audit Code of the Phils., Annotated by Tantuico, 1982 Ed., p. 57]. Examination-in-chief. Rem. Law. The questioning of one lawyer’s own witness under oath. Witnesses are introduced to a trial by their examination-in-chief, which is when they answer questions asked by the lawyer representing the party which called them to the stand. After their examination-in-chief, the other party's lawyer can question them too; this is called cross-examination. [Duhaime's Legal Dict., 2004]. Examination of books. The mathematical process of verifying figures and computations without in any way determining whether or not a particular item may be allowed. In other words, examination is but a phase
of auditing, auditing being more comprehensive than examination. [Moreno’s Law Dict., 2000 Ed., p. 164]. Examination of debtor. Rem. Law. Under Sec. 38, Rule 39 of the Rules of Court, the examination of a judgment debtor when the execution is returned unsatisfied (which) is a proceeding supplementary to execution and is entirely statutory. They are supplementary proceedings, in part a summary method of purging the debtor’s conscience and compelling the disclosure of any property he may have which is not exempt from execution. [Moreno’s Law Dict., 2000 Ed., p. 164]. Exceeds arrangements. A banking phrase indicating that there was no deposit or arrangement with the bank for the payment of the dishonored check. [Moreno’s Law Dict., 2000 Ed., pp. 164165]. Excellence. The efficient, effective and innovative delivery of relevant, functional, and quality programs in teacher education, training, research and community service. [Sec. 2, RA 7784]. Exceptio firmat regulim in casibus non exceptis. Lat.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
387 Expressed exception or exemption excludes others. [Tibay v. CA, GR 119655. May 24, 1996]. Excessive expenditures. Unreasonable expense or expenses incur-red at an immoderate quantity and exorbitant price. These include expenses which exceed what is usual or proper as well as expenses which are unreasonably high, and beyond just measure or amount. They also include expenses in excess of reasonable limits. [Arriola v. COA, GR 90364. Sep. 30, 1991, citing COA Circ. 85-55-A]. Excessive fine. A fine that exceeds the utmost limit of punishment which the vindication of the law demands. [US v. Valera, GR 8956. Feb. 4, 1914]. Excess of jurisdiction. Rem. Law. The court has jurisdiction but fails to comply with the conditions prescribed for its exercise. [Bench Book for Trial Court Judges, p. 2-86, citing Leung Ben v. O’Brien, 38 Phil. 182 (1918)]. Excess property. A property no longer needed by a department or an office. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Exchange. 1. An organized market place or facility that brings together buyers and sellers and executes trade of securities and/or commodities. [Sec. 3, RA 8799]. 2. Any organization, association, or group of persons which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange as that term is generally understood, and includes the market place and the market facilities maintained by such exchange. [Sec. 3, RA 2629]. 3. A voluntary association or corporation organized for the purpose of furnishing to its members a convenient and suitable place to transact their business of promoting uniformity in the customs and usages of merchants, of inculcating principles of justice and equity in trade, of facilitating the speedy adjustment of business disputes, of acquiring and disseminating valuable commercial and economic information and generally of securing to its members the benefits of co-operation in the furtherance of their legitimate pursuits. [Lopez, Locsin, Ledesma & Co., Inc.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
388 v. CA, GR L-41291. Dec. 8, 1988]. Exchange contract. Barter contract.
See
Exchange control. A rule that made it illegal for anybody to possess or keep in the Philippines any form of money or currency other than Philippine currency and for Filipino citizens to possess or keep outside the Philippines any form of foreign currency. Anybody in the Philippines desiring to use foreign currency had to apply to the Central Bank (now Bangko Sentral) or to any of its duly authorized agents – licensed commercial banks doing business in the Philippines – for a license to purchase foreign currency, stating in his application the reason justifying his request. [Moreno’s Law Dict., 2000 Ed., p. 165]. Exchange of agreement. Intl. Law. An international agreement entered into between the executive department of governments concerning matters of lesser importance than those dealt with by treaties. Usually, they do not require the concurrence of legislative bodies to make them effective. [Coquia and rd Santiago, Intl. Law, 3 Ed. (1998), p. 493].
Exchange of notes. Intl. Law. An informal method by which States subscribe to a certain understanding or recognize certain obligations as binding upon them. Usually, formal notes are exchanged by ministers of foreign affairs acting in behalf of their governments. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Exchange rate or rate of exchange. The price, or the indication of the price, at which one can sell or buy with one's own domestic currency a foreign currency unit. Normally, the rate is determined by the law of supply and demand for a particular currency. [Gonzalo L. Manuel & Co. v. Central Bank, GR L-21789. Apr. 30, 1971, citing Dict. of Foreign Trade, Henius, p. 294]. Exchange rate, legal. See Legal exchange rate. Excise duty. An inland impost, levied upon articles of manufacture or sale, and also upon licenses to pursue certain trades or to deal in certain commodities. [Garcia v. Exec. Sec., GR 101273. July 3, 1992, citing Cooley, on Taxation, p. 3]. Excise tax. A charge imposed upon the performance of an act, the enjoyment of a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
389 privilege, or the engaging in an occupation. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 61]. Exclusionary rule. 1. Const. Law. The rule enforcing the constitutional injunction against unreasonable searches and seizures by outlawing all evidence illegally seized and thereby removing the incentive on the part of the military and police officers to disregard such basic rights. [Teehankee, J., concurring and dissenting opinion, in Nolasco v. Paño, GR L69803. Oct. 8, 1985]. 2. Rem. Law. The rule preventing illegally obtained evidence to be used in any trial. [Glossary of Legal Terms (Pro-Se), 2004]. 3. Spec. Pro. The rule that the court first taking cognizance of the settlement of the estate of the decedent shall exercise jurisdiction to the exclusion of all other courts. [Claridades, A., Compilation of Notes, 2001-2006]. Exclusive. Possessed to the exclusion of others; appertaining to the subject alone, not including, admitting or pertaining to another or others, undivided, sole. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994].
Exclusive bargaining representative. Labor. Any legitimate labor organization duly recognized or certified as the sole and exclusive bargaining agent of all the employees in a bargaining unit. [Sec. 1, DO 09, s. 1997, amending Book V, LC]. Exclusive economic zone (EEZ). 1. An area beyond and adjacent to the territorial sea which shall not extend beyond 200 nautical miles from the baselines as defined under existing laws. [Sec. 4, RA 8550]. 2. The water, sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n. m.) offshore. [Sec. 3, RA 7942]. 3. A maritime zone seaward of the territorial sea with an outer boundary that may be up to 200 miles out from the territorial sea's baselines. Within this, a coastal state may regulate. (a) nonliving resources, including the seabed, subsoil, and superjacent waters; (b) living resources, including fish, crustaceans, and plants; (c) other economic resources, such as the production of energy from the water, currents, and winds; (d) artificial islands, installations, and structures; (e) marine scientific research; and (f)
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
390 pollution control. [Intl. Law Dict. & Direct., 2004]. Exclusive jurisdiction. It precludes the idea of coexistence and refers to jurisdiction possessed to the exclusion of others. [Ong v. Parel, GR 76710. Dec. 21, 1987, citing Black's Law Dict., pp. 673 and 1251]. Exclusively. 1. Apart from all others; only; solely; substantially all or for the greater part. To the exclusion of all others; without admission of others to participation; in a manner of exclude. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. 2. In an exclusive manner, to the exclusion of all others; only; as, it is his, exclusively. [Webster's New Intl. Dict. (3rd Ed., 1986)]. Exclusive possession. Possession when the adverse possessor can show exclusive dominion over the land and an appropriation of it to his own use and benefit. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, citing Black's Law Dict., 5th Ed., 507]. Exclusive property of each spouse. The following shall be the exclusive property of each spouse: (a) That which is brought to the marriage as his or her own; (b) that which each acquires during
the marriage by gratuitous title; (c) that which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (d) that which is purchased with exclusive money of the wife or of the husband. [Art. 109, FC]. Exclusive sand and gravel permit. The permit granted by the provincial governor to any qualified person to quarry and utilize sand and gravel or other loose or unconsolidated materials from public lands for his own use, provided that there will be no commercial disposition thereof. [Sec. 48, RA 7942]. Ex contractu. Lat. Arising from a contract. [Jurist’s Legal Dict., 2004]. Compare with Ex delicto. Exculpate. To excuse or justify a wrong action. [Duhaime's Legal Dict., 2004]. Excusable neglect. Failure to take the proper steps at the proper time, not in consequence of a party’s own carelessness, inattention, or willful disregard of the unavoidable hindrance on the care and vigilance of his counsel or on promises made by the adverse party. [Albano, Rem. Law Reviewer, 1st Ed., p.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
391 340, citing Black’s Law Dict., 5th Ed., p. 508]. Excussion. Previous exhaustion of the property of the debtor. [Art. 2059, CC]. Excussion, exceptions to benefits of. The guarantor is not entitled to the benefits of excussion (a) if he has expressly renounced it; (b) if he has bound himself solidarily with the debtor; (c) in case of insolvency of the debtor; (d) when he has absconded, or cannot be sued within the Philippines unless he has left a manager or representative; (e) if it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. [Art. 2059, CC]. Ex delicto. Lat. Arising from a wrong, breach of duty. [Jurist’s Legal Dict., 2004]. Compare with Ex contractu. Ex die. Lat. A term with a suspensive effect, from a certain day. [PCIB v. Excolin, GR L-27860 & L-27896. Mar. 29, 1974]. Compare with In diem. Execute. To complete; to sign; to carry out according to its terms. [Glossary of Legal Terms (Pro-Se), 2004].
Execute a contract. Civ. Law. The ordinary or dictionary meaning of the term is or includes: to put into effect; carry out fully and completely; perform, effect; to give effect to; do what is provided or required; perform the requirements of; perform the acts necessary to the effectiveness of; complete; perform what is required to give validity to (as by signing and perhaps sealing and delivering). [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989]. Executed. Civ. Law. It means that all the terms of the contract have been fulfilled. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare with Executory. Execution. Civ. Law. The term is understood ordinarily and literally as referring to both the act or process of executing; performance, accomplishment, and, the act of signing, sealing, and delivering a legal instrument or giving it the forms required to make it valid. Thus, the ordinary meaning of execution is not limited to the signing or concluding of a contract but includes as well the performance or implementation or accomplishment of the terms and conditions of such contract. [Eastern Assurance
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
392 & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989].
proved and Loss of the instrument; how shown.
Execution. Rem. Law. 1. The accomplishment of a thing; the completion of an act or instrument; the fulfillment of an undertaking. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 155]. 2. The process which carries into effect a decree or judgment. [PAL v. CA, GR 49188. Jan. 30, 1990, citing Black's Law Dict.].
Execution of deeds by means of violence or intimidation. The offense committed by any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents. [Art. 298, RPC].
Execution as a matter of right. See Ministerial execution. Execution and delivery of the document; by whom established. The execution and delivery of the document may be established: (a) by the person or persons who executed it; (b) by the person before whom its execution was acknowledged; (c) by any person who was present and saw it executed and delivered; (d) by any person who, after its execution and delivery, saw it and recognized the signatures; or (e) by a person to whom the parties to the instrument had previously confessed the execution thereof. [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915]. See also Destruction of the instrument; how
Execution of judgment pending appeal. See Discretionary execution. Execution of judgment pending appeal. Requisites for the valid exercise of the discretion: (a) There must be a motion by the prevailing party with notice to the adverse party; (b) there must be a good reason for execution pending appeal; and (c) the good reason must be stated in a special order. [Eng’g Const’n v. Napocor, 163 SCRA 9, 15-16 [1988]; Eudela v. CA, supra note 36, at 551]. Execution of judgments; when stayed. The court would invariably stay execution of judgments: (a) when certain facts and circumstances transpire or supervene after the judgment has become final which could render the execution of the judgment
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
393 unjust; (b) when there has been a change in the situation of the parties which make such execution inequitable or would render the execution of the judgment unjust; (c) when it appears that the controversy had never been submitted to the judgment of the court; (d) when it appears that the writ has been issued improvidently or without authority or against the wrong party; (e) that the judgment debt has been paid or otherwise satisfied; or (f) where it becomes imperative, in the higher interests of justice, to direct its modification in order to harmonize the disposition with the prevailing circumstances. [Ortegas v. Hidalgo, GR 80140. June 28, 1991]. Execution, writ of. See Writ of Execution. Executive agreement. A treaty or international agreement entered into by a state's executive without following the state's constitutionally required ratification procedure. It is not effective domestically. [Intl. Law Dict. & Direct., 2004]. Executive clemency. Clemency.
Executive committee. A committee created under the by-laws of a corporation composed of not less than three members of the board of directors, to be appointed by such board, which may act, by majority vote of all its members, on such specific matters within the competence of the board, as may be delegated to it in the by-laws or on a majority vote of the board, except with respect to: (a) approval of any action for which shareholders' approval is also required; (b) the filing of vacancies in the board; (c) the amendment or repeal of by-laws or the adoption of new by-laws; (d) the amendment or repeal of any resolution of the board which by its express terms is not so amendable or repealable; and (e) a distribution of cash dividends to the shareholders. [Sec. 35, Corp. Code]. Executive construction. The construction and interpretation of laws or statutes by the various executive heads of the various departments of the government. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9, citing Govt. v. Mun. of Binalonan, 32 Phil. 634].
See Executive judge. The presiding or administrative judge in a court. [Claridades,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
394 A., Compilation 2001-2006].
of
Notes,
Executive power. Pol. Law. The power to enforce and administer the laws. It is the power of carrying the laws into practical operation and enforcing their due observance. [Ople v. Torres, GR 127685. July 23, 1998, citing Cruz, Phil. Pol. Law, p. 173 (1996) and Tañada and Carreon, Pol. Law of the Phils., vol. 1, p. 275 (1961)]. Executor. 1. The person named in the will who is entrusted to implement its provisions. But the executor needs to be issued letters testamentary after the court determines his or her qualifications. A lady executor is called executrix. [Bench Book for Trial Court Judges, p. 3-2]. 2. A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e., that the will is properly executed). An executor is a personal representative. [Duhaime's Legal Dict., 2004]. 3. A personal representative, named in a will, who administers an estate. [Glossary of Legal Terms (Pro-Se), 2004]. Executory. It means that some provisions of the contract still have to be complied with. [Torres,
Oblig. & Cont., 2000 Ed., p. 350]. Compare with Executed. Executory contract. A contract where no performance has yet been made. [Moreno’s Law Dict., 2000 Ed., p. 167]. Exemplary or corrective damages. 1. These are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. [Art. 2229, CC]. 2. Damages which are given in enhancement merely of the ordinary damages on account of wanton, reckless, malicious or oppressive character of the acts complained of. Such damages go beyond the actual damages suffered in the case; they are allowed as a punishment of the defendant as a deterrent to others. The terms exemplary, punitive and vindictive damages are used interchangeably. [Torres, Oblig. & Cont., 2000 Ed., p. 335]. Exempting circumstances. Those circumstances wherein there is an absence in the agent of the crime any or all of the conditions that would make an act voluntary and hence, although there is no criminal liability, there is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
395 civil liability. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 51]. Exemption from taxation. See Tax exemption. Exequatur. From Lat. exequi: to perform or to execute. 1. Hearing to determine if a foreign judgment should be recognized and enforced locally. [Intl. Law Dict. & Direct., 2004]. 2. The permission given the consuls by the receiving state to perform their functions therein. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 90]. Compare with Letter patent. Ex filio. Sp. Of the son. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. Exhaustion doctrine. Doctrine that holds that, once a copy of a copyrighted work is in circulation, the author has no further right to control its distribution. [Intl. Law Dict. & Direct., 2004]. Exhaustion of administrative remedies doctrine. Resort to the appropriate administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevated to the courts of justice for review. [Sunville
v. Abad, GR 85502. Feb. 24, 1992]. Exhaustion of administrative remedies. Exceptions: (a) When the question raised is purely legal; (b) when the administrative body is in estoppel; (c) when the act complained of is patently illegal; (d) when there is urgent need for judicial intervention; (e) when the claim involved is small; (f) when irreparable damage will be suffered; (g) when there is no other plain, speedy and adequate remedy; (h) when strong public interest is involved; (i) when the subject of the controversy is private land; and (j) in quo warranto proceedings. Exhaustion of remedies. Intl. Law. Before suit may be brought against a state in an international tribunal on behalf of a private person, the private person must first seek to obtain relief from that state. [Intl. Law Dict. & Direct., 2004]. Exhaustion of rights doctrine. Doctrine that holds that, once a good made or sold under license is in circulation, the licensor has no further right to control its distribution. [Intl. Law Dict. & Direct., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
396 Exhibitionism. Also Indecent exposure. Legal Med. The willful exposure in public places of one’s genital in the presence of other persons, usually the opposite sex. [Olarte, Legal Med., 1st Ed. (2004), p. 118]. Exhibits. Evid. 1. Documents or objects shown to the court as evidence in a trial. They are each given a number or letter by the clerk of court as they are introduced for future reference during the trial. Except with special permission of the court, exhibits are placed in the custody of the court until the trial is over. 2. Documents or other items introduced as evidence during a trial or hearing. [Glossary of Legal Terms (Pro-Se), 2004]. Exhumation. Disinterment.
Exigencies of the service. Admin. Law. The urgency or demand for the work performed by a government officer. [Moreno’s Law Dict., 2000 Ed., p. 168]. Existing mining right. Perfected and subsisting claim, lease, license or permit covering a mineralized area prior to its declaration as a people's small-scale mining area. [Sec. 3, RA 7076]. Existing mining or quarrying right. A valid and subsisting mining claim or permit or quarry permit or any mining lease contract or agreement covering a mineralized area granted/issued under pertinent mining laws. [Sec. 3, RA 7942].
See
Exigencies or Exigency. In a broad sense, the demands or requirements inherent in a given situation. In a strict sense, a state of being urgent; a situation which demands immediate attention and prompt solution; an emergency. Such need or necessity as belongs to the occasion; demands, requirements – usually used in plural. [Moreno’s Law Dict., 2000 Ed., p. 168].
Ex mero motu. Lat. Of his own mere motion; of his own accord; voluntarily and without prompting or request. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 296]. Ex nihilo, nihilo fit. Lat. From nothing, nothing comes. [Moreno’s Law Dict., 2000 Ed., p. 163]. Ex-officio. Lat. From office; By virtue of office. 1. An authority derived from official character merely, not expressly conferred upon the individual character, but
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
397 rather annexed to the official position. 2. An act done in an official character, or as a consequence of office, and without any other appointment or authority than that conferred by the office. [Civil Liberties Union v. Exec. Sec., GR 83896. Feb. 22, 1991, citing Black's Law Dict., p. 516; 15A Words & Phrases, p. 392]. Ex-officio member of a board. One who is a member by virtue of his title to a certain office, and without further warrant or appointment. [Civil Liberties Union v. Exec. Sec., GR 83896. Feb. 22, 1991, citing 15A Words and Phrases, p. 392]. Exonerate. 1. To exculpate, to relieve. [Clemente v. COA, GR L-47793. Mar. 20, 1984, citing 35 CJS, p. 227]. To clear from accusation or blame. [Ibid., citing Webster, 3rd New Intl. Dict. of the Engl. Lang.]. The word may imply complete clearance not only from immediate charge or accusation but from suspicion or attendant denigration. [Ibid.]. 2. Removal of a charge, responsibility, or duty. [Glossary of Legal Terms (Pro-Se), 2004]. Exotic species. Species or subspecies which do not
naturally occur in the country. [Sec. 5, RA 9147]. Ex pacto illicito non oritur actio. Lat. No action arises out of an illicit bargain. [Lita Enterprises, Inc. v. IAC, GR L64693. Apr. 27, 1984]. Ex parte. Lat. For one party only. 1. An application to the court made by one litigant without notice to the other. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. 2. When a defendant is declared in default (for failure to file answers), or considered as in default (for failure to appear at the pre-trial), the Court may now authorize the Clerk of Court to receive evidence ex-parte. [Sec. F, 1, of the Manual for Clerks of Court (pp. 75-76), as amended]. 3. On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing. [Glossary of Legal Terms (Pro-Se), 2004]. Ex parte motion. Motion ex parte.
See
Ex-parte proceeding. Rem. Law. A judicial proceeding brought for the benefit of one party only, and without notice to, or consent by any
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
398 person adversely interested or a proceeding wherein relief is granted without an opportunity for the person against whom the relief is sought to be heard. [GSIS v. CA, GR 42278. Jan. 20, 1989]. Expatriate. A person who has abandoned his country of origin and citizenship and has become a subject or citizen of another country. [Duhaime's Legal Dict., 2004]. Expatriation. The voluntary act of abandoning citizenship of one’s country, and becoming the citizen or subject of another. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 1]. Expected results. The services, products, or benefits that shall accrue to the public, estimated in terms of performance measures or physical targets. [Sec. 306, LGC]. Expediente. Sp. Record (of the case or proceeding). [Tambunting v. Tambunting de Oliveros, GR 10365. Sep. 29, 1915]. Expendable supplies. Articles which are consumed in use, such as ammunition, fuel, forage, drugs, medicines, and such spare or repair parts as are used to
repair or complete other articles and which thereby lose their identity in the process. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Expenditure. 1. Payment. [15A Words & Phrases 414, citing People v Kane 61 N.Y.S. 195, 43 App Div 472]. 2. The spending of money; the act of expending; disbursement expense; money expended; a laying out of money; payment. [15A Words & Phrases 414, citing Crow v Board of Supv'rs of Stanislaus County, 27 P2d 655, 135 Cal App 451]. Expenses for pure luxury or mere pleasure. Expenses which shall not be refunded to the possessor in good faith who he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. [Art. 548, CC]. Experimental farms. Agricultural land utilized by a business or corporation to conduct studies, tests, researches or experiments involving agricultural, agribusiness, marine, or aquatic, livestock, poultry, dairy and other similar
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
399 products for the purpose of improving the quality and quantity of goods or products. [Art. 243, IRR, LGC]. Expert. One possessing in regard to a particular object or department of human activity, knowledge not usually acquired by other persons [US v. Gil, 13 Phil. 530]. Expert evidence. The testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 9]. Expert testimony. Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject. [Jurist’s Legal Dict., 2004]. Expert witness. One who belongs to the profession or calling to which the subject matter of the inquiry relates and who possesses special knowledge as to the very question on which he proposes to express an opinion. [Phil. Law Dict., p.
227 citing People v. Santos, 65 OG 7472]. Expiration of the term. Admin. Law. In the law of public officers, a method of terminating official relations. [Achacoso v. Macaraig, GR 93023. Mar. 13, 1991]. Expiry or expiration date. The date stated on the label of food, drug, cosmetic, device or hazardous substance after which they are not expected to retain their claimed safety, efficacy and quality or potency and after which it is no longer permissible to sell them. [Art. 4, RA 7394]. Exploitation. 1. The actual extraction, gathering and collection in accordance with acceptable coral development and conservation practices. [Sec. 3, PD 1219]. 2. The extraction and utilization of mineral deposits. [Sec. 2, PD 463]. Exploitation concession. A concession which grants to the concessionaire the exclusive right to develop petroleum production within the specified areas. [Art. 10, RA 387]. Exploitation of Crim. Law. committed by under the
child labor. The felony anyone who, pretext of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
400 reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service. [Art. 273, RPC]. Exploitation of minors. Crim. Law. The felony committed by: 1. any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, physical strength, or contortion; 2. any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen years of age who are not his children or descendants; 3. any person engaged in any of the callings enumerated in the preceding number who shall employ any descendant of his under twelve years of age in such dangerous exhibitions; 4. any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in number 2 hereof, or to any habitual vagrant or beggar; or 5. any
person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in number 2 hereof, or to accompany any habitual vagrant or beggar. [Art. 278, RPC]. Exploited infant or child. An infant or child 8 years and below who is used in begging or one who accompanies a habitual vagrant or beggar. [Sec. 3, PD 1563]. Exploration. 1. The searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trending, drilling, shaft sinking, tunneling, or any other means for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit. [Sec. 3, RA 7942]. 2. The examination and investigation of lands supposed to contain valuable minerals, by drilling, trenching, shaft sinking, tunneling, test pitting and other means, for the purpose of probing the presence of mineral deposits and the extent thereof. [Sec. 2, PD 463].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
401 Exploration concession. A concession which grants to the concessionaire the exclusive right to explore for petroleum within specified areas. [Art. 10, RA 387]. Exploration expenditures. Expenditures paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral, and paid or incurred before the beginning of the development stage of the mine or deposit. [Sec. 34, NIRC, as amended]. Exploration permit. The permit granted by the Mines and Geosciences Bureau to a qualified person for the right to conduct exploration for all minerals in specified areas. [Sec. 20, RA 7942]. Explosive. Any substance, either solid or liquid, mixture or single compound, which by chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges and other explosive materials, except bullets for firearm. [Sec. 5, RA 6235].
Export. To bring out of the Philippines by sea, land or air. [Sec. 6, EO 175, May 22, 1987]. Export Development Act of 1994. RA 7844 entitled “An Act to develop exports as a key towards the achievement of the national goals towards the year 2000” enacted on Dec. 21, 1994. Exporter. Any person, natural or juridical, licensed to do business in the Philippines, engaged directly or indirectly in the production, manufacture or trade of products or services which earns at least fifty percent (50%) of its normal operating revenues from the sale of its products or services abroad for foreign currency. [Sec. 4, RA 7844]. Export fees. The total foreign exchange which is charged or received by a registered service exporter for furnishing or performing services, or permitting the showing or playing, outside of the Philippines, of television or motion pictures or musical recordings. [Sec. 3, RA 6135]. Export incentives. Support measures provided by the government to exporters to encourage investment in the export sector, create a freer
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
402 trade environment and motivate exporters to increase export sales and perform competitively in the export market. [Sec. 4, RA 7844]. Export permit. A permit authorizing an individual to bring out wildlife from the Philippines to any other country. [Sec. 5, RA 9147]. Export processing zone (EPZ). 1. A specialized industrial estate located physically and/or administratively outside customs territory, predominantly oriented to export production. Enterprises located in export processing zones are allowed to import capital equipment and raw materials free from duties, taxes and other import restrictions. [Sec. 4, RA 7916]. 2. A free zone in which manufacturing facilities allowed to process foreign goods and materials for export without paying tariffs or duties either when the goods or materials are imported or exported. [Intl. Law Dict. & Direct., 2004]. Export promotion. A range of export activities which the public and private sectors undertake, such as networking, especially in export support services and the provision of trade/market
information; organization of trade fairs and missions; provision of advisory services; conduct of seminars, lectures, workshops, conferences and training on export-related subjects; publication of export-related documents; handling of quality standards, product design and such other activities aimed at promoting existing exports, especially those meant to reinforce and improve the position of Philippine export products in specific foreign markets, principally being those activities necessary for the implementation of the Philippine Export Development Plan. [Sec. 4, RA 7844]. Export sales. It means: (a) The sale and actual shipment of goods from the Philippines to a foreign country, irrespective of any shipping arrangement that may be agreed upon which may influence or determine the transfer of ownership of the goods so exported and paid for in acceptable foreign currency or its equivalent in goods or services, and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP); (b) Sale of raw materials or packaging materials to a nonresident
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
403 buyer for delivery to a resident local exportoriented enterprise to be used in manufacturing, processing, packing or repacking in the Philippines of the said buyer's goods and paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP); (c) Sale of raw materials or packaging materials to export-oriented enterprise whose export sales exceed seventy percent (70%) of total annual production; (d) Sale of gold to the Bangko Sentral ng Pilipinas (BSP); and (e) Those considered export sales under EO 226, otherwise known as the Omnibus Investment Code of 1987, and other special laws. [Sec. 105, NIRC, as amended]. Export transaction. Any transaction involving: (a) the export of goods out of the Philippines; (b) the manufacture, treatment or servicing of goods for, or the sale or leasing of goods to a foreign customer; (c) the sale or licensing of any right in a patent, trademark, or copyright to a foreign customer; or (d) the rendering to a foreign customer of any managerial, construction, technological,
marketing or other services. [Sec. 3, RA 6424]. Ex post facto. Const. Law. Lat. After the fact. A law which: (a) makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; (b) aggravates a crime, or makes it greater than it was, when committed; (c) changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; (d) alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense; (e) assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and (f) deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. [In re: Kay Villegas Kami, L32485, Oct. 22, 1970]. Ex post facto law. Const. Law. A law passed after the occurrence of a fact or commission of an act, which retrospectively changes the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
404 legal consequences or relations of such fact or deed. It is a law which provides for the infliction of punishment upon a person for an act done which, when it was committed, was innocent; a law which aggravates a crime or makes it greater than when it was committed; a law that changes the punishment or inflicts a greater punishment than the law annexed to the crime when it was committed; a law that changes the rules of evidence and receives less or different testimony than was required at the time of the commission of the offense in order to convict the offender; a law which, assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right which, when done, was lawful; a law which deprives persons accused of crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of the proclamation of amnesty; every law which, in relation to the offense or its consequences, alters the situation of a person to his disadvantage. [People v. Sandiganbayan, GR 101724. July 3, 1992, citing Black's Law Dict., 5th Ed., p. 520].
Ex post facto law. Const. Law. Requisites: The law must: (a) refer to criminal matters; (b) be retroactive in its application; and (c) to the prejudice of the accused. [Cruz, Const. Law, 1989 Ed., p. 244]. Express acceptance of the inheritance. An acceptance of the inheritance which must be made in a public or private document. [Art. 1049, CC]. Express consent. The authority expressly granted by a law to sue the state or any of its agencies. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 37]. Compare with Implied consent. Expressed breast milk. The human milk which has been extracted from the breast by hand or by breast pump. It can be fed to an infant using a dropper, a nasogatric tube, a cup and spoon, or a bottle. [Sec. 3, RA 7600]. Expressio unius est exclusio alterius. Lat. Express mention is implied exclusion. [Rep. v. Estenzo, GR L-35376. Sep. 11, 1980]. Express malice. See Malice in fact. Express pardon. There is express pardon when the offended party in writing or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
405 in an affidavit asserts that he or she is pardoning his or her erring spouse and paramour for their adulterous act this is a case of express pardon. [Ligtas v. CA, GR L-47498. May 7, 1987, citing People v. Mendez (CA) OG 1909]. Compare with Implied pardon. Express prohibition. That which is directly or distinctly stated, i.e., prohibited, not merely implied or left to inference. [Moreno’s Law Dict., 2000 Ed., p. 169]. Express repeal. A repeal of a law by incorporating therein a repealing provision which expressly and specifically cites the particular law or laws, and portions thereof, that are intended to be repealed. A declaration in a statute, usually in its repealing clause, that a particular and specific law, identified by its number or title, is repealed. [Mecano v. COA, GR 103982. Dec. 11, 1992]. Compare with Implied repeal. Express trusts. 1. Trusts that are created by the intention of the trustor or of the parties. [Art. 1441, CC]. 2. Those trusts which are created by the direct and positive acts of the parties, by some writing or deed, or will, or by words evincing an
intention to create a trust. [O'laco v. Co Cho Chit, GR 58010. Mar. 31, 1993]. Compare with Implied trusts. Express warranty. 1. Civ. Law. Any affirmation of fact or any promise by the seller relating to the thing the natural tendency of which is to induce the buyer to purchase the same, and the buyer relying thereon purchases the thing. [Art. 1546, CC]. 2. Ins. A statement in a policy of matter relating to the person or thing insured, or to the risk, as a fact. [Sec. 71, IC]. Expromission. 1. A form of novation wherein the initiative for the change does not come from the debtor and may even be made without his knowledge, since it consists in a third person assuming the obligation. As such, it logically requires the consent of the third person and the creditor. [De Cortes v. Venturanza, GR L-26058. Oct. 28, 1977]. 2. A form of novation by which a creditor accepts a new debtor who becomes bound in place of the old debtor, the latter being released. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare with Delegacion. Expropriation. From Lat. ex: from; and proprius: one's
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
406 own. 1. A taking of privately owned property by a government. [Intl. Law Dict. & Direct., 2004]. 2. The forced sale of land to a public authority. [Duhaime's Legal Dict., 2004]. Synonymous to the Doctrine of eminent domain. Expropriation, stages in an action of. There are two (2) stages in every action of expropriation. The first is concerned with the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. It ends with an order, if not of dismissal of the action, of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the filing of the complaint. An order of dismissal, if this be ordained, would be a final one, of course, since it finally disposes of the action and leaves nothing more to be done by the Court on the merits. So, too, would an order of condemnation be a final one, for thereafter, as the Rules expressly state, in
the proceedings before the Trial Court, no objection to the exercise of the right of condemnation (or the propriety thereof) shall be filed or heard. The second phase of the eminent domain action is concerned with the determination by the Court of the just compensation for the property sought to be taken. [Mun. of Biñan v. Garcia, GR 69260. Dec. 22, 1989]. Expulsion. Crim. Law. The felony committed by any public officer or employee who, not being authorized by law, shall expel any person from the Philippines or shall compel such person to change his residence. [Art. 127, RPC]. Expunge. To physically erase; to white or strike out. To Expunge something from a court record means to remove every reference to it from the court file. [Duhaime's Legal Dict., 2004]. Ex rel. An abbreviation of Ex relatione, Latin for “on the relation of.” It refers to information or action taken that is not based on firsthand experience but is based on the statement or account of another person. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
407 Extension services. 1. The provision of training, information, and support services by the government and non-government organizations to the agriculture and fisheries sectors to improve the technical, business and social capabilities of farmers and fisherfolk. [Sec. 4, RA 8435]. 2. The technology transfer provided by the Government and nongovernment organizations to the agricultural sector such as training of farmers, credit assistance and the like. [Sec. 4, RA 7607]. Extension worker. A government employee who is primarily or fully engaged in the non-formal transfer of scientific and technological knowledge and skills for the practical use of a specific target clientele by performing any one or a combination of the functions of facilitating, supervising, disseminating, or implementing. [EO 715, Aug. 6, 1981]. External sources of funds. Those that are obtained from such sources as foreign and domestic borrowings, contributions from the National Government in the form of subsidy or capital subscription payments, funds generated through
sale of stocks to the public, and donations from private individuals or institutions [Sec. 3, EO 518]. Extinctive prescription. The loss of rights and actions through the lapse of time. [Claridades, A., Compilation of Notes, 2001-2006]. Extinguishing criminal liability. Modes: The causes that totally extinguish criminal liability enumerated under Art. 89 of the Rev. Penal Code are as follows: (a) the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment; (b) service of the sentence; (c) amnesty, which completely extinguishes the penalty and all its effects; (d) absolute pardon; (e) prescription of the crime; (f) prescription of the penalty; (g) the marriage of the offended woman, as provided in Art. 344 of the Code. [Tangan v. People, GR L-73963. Nov. 5, 1987]. Extinguishment of obligations. Obligations are extinguished: (a) by payment or performance; (b) by the loss of the thing due; (c) by the condonation or remission of the debt; (d) by the confusion or merger of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
408 the rights of creditor and debtor; (e) by compensation; (f) by novation. [Art. 1231, CC]. Extinguishment of obligations. Other causes: (a) annulment; (b) rescission; (c) fulfillment of a resolutory condition; (d) arrival of a resolutory period; (e) prescription; (f) death of a party in case of personal obligations; (g) happening of a fortuitous event. [Diaz, Bus. Law Rev., 1991 Ed., p. 35]. Extort. To obtain from an unwilling or reluctant person by physical force, intimidation or the abuse of legal or official authority. [Macias v. Malig, Adm. Case 2409. Jan. 29, 1988, citing Webster's 3rd New Intl. Dict., 1981 Ed.]. Extortion. Forcing a person to give up property in a thing through the use of violence, fear or under pretense of authority. [Duhaime's Legal Dict., 2004]. Extract. To separate an ore or mineral from a deposit. [Moreno’s Law Dict., 2000 Ed., p. 170]. Extradition. Intl. Law. 1. Delivery by the state of a person accused or convicted of a crime, to another state within whose territorial
jurisdiction, actual or constructive, it was committed and which asks for his surrender with a view to execute justice. [Wright v. CA, GR 113213. Aug. 15, 1994, citing Bishop Intl. Law 471 (1962)]. 2. The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of an extradition treaty. 3. The surrender of an accused criminal by one state to the jurisdiction of another. [Glossary of Legal Terms (Pro-Se), 2004]. Extradition treaties. Intl. Law. Treaties entered into for the purpose of suppressing crime by facilitating the arrest and custodial transfer of a fugitive from one state to the other. [Sandoval, Pol. Law Reviewer 2003, citing Bassiouni, Intl. Extradition, 1987 ed., p. 68]. Extra-judicial admission. An admission made out of court. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 90]. Compare with Judicial admission. Extra-judicial confession. A confession made by the accused in any other place or occasion and cannot sustain a conviction unless its voluntariness is proven and unless corroborated by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
409 evidence of the corpus delicti. [Claridades, A., Compilation of Notes, 20012006]. Compare with Judicial confession. Extraordinary acquisitive prescription. This requires that there be public, peaceful and uninterrupted possession in the concept of owner for a period of thirty (30) years. [Borillo v. CA, GR 55691. May 21, 1992; Art. 1137, CC]. Extraordinary diligence. 1. A duty to carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. [Lausa v. NLRC, GR 79731. July 9, 1990]. 2. A duty to carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. [Art. 1755, CC]. Extraordinary expense. That employed for an exceptional purpose not usual, regular or of the customary kind. [Moreno’s Law Dict., 2000 Ed., p. 170]. Extraordinary inflation. A decrease or increase in the purchasing power of the
Philippine currency which is unusual or beyond the common fluctuation in the value of said currency, and such decrease or increase could not have been reasonably foreseen or was manifestly beyond the contemplation of the parties at the time of the establishment of the obligation. [Filipino Pipe and Foundry Corp. v. NAWASA, GR L-43446. May 3, 1988]. Extraordinary inflation or deflation of currency. Any uncommon decrease or increase in the purchasing power of the currency which could not have been reasonably foreseen. [Torres, Oblig. & Cont., 2000 Ed., p. 115]. Extraordinary prescription. The acquisition ipso facto of ownership of real property by possession through lapse of time, regardless of good faith or bad faith on the part of the adverse possessor. [Moreno’s Law Dict., 2000 Ed., p. 171]. Extraordinary writ. A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto. [Jurist’s Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
410 Extraterritorial jurisdiction. Pol. Law. The power and jurisdiction of the state beyond or outside its territory. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 35]. Extraterritorial service of summons. The service of summons effected, with leave of court, out of the Philippines in three ways: (a) personal service; (b) by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court should be sent by registered mail to the last known address of the defendant, and (c) service of summons may be effected in any other manner which the court may deem sufficient. [De Midgely v. Ferandos, GR L-34314. May 13, 1975]. Extravagant expenditures. Those expenditure incurred without restraint, judiciousness and economy. Extravagant expenditures exceed the bounds of propriety. These expenditures are immoderate, prodigal, lavish, luxurious, wasteful, grossly excessive, and injudicious. [COA Circular No. 88-55-A, dated 08 Sep. 1985].
Extrinsic ambiguity. Also Patent ambiguity. Ambiguity not apparent on the face of the writing itself and requires something to be added in order to ascertain the meaning of the words used. [Claridades, A., Compilation of Notes, 20012006]. Compare with Intrinsic or latent ambiguity. Extrinsic fraud. Also Collateral fraud. 1. As a ground for annulment of judgment, it is any act or conduct of the prevailing party which prevented a fair submission of the controversy. [Francisco v. David, 38 OG 714]. 2. A fraud which prevents a party from having a trial or presenting all of his case to the court, or one which operates upon matters pertaining, not to the judgment itself, but to the manner by which such judgment was procured so much so that there was no fair submission of the controversy. For instance, if through fraudulent machination by one (his adversary), a litigant was induced to withdraw his defense or was prevented from presenting an available defense or cause of action in the case wherein the judgment was obtained, such that the aggrieved party was deprived of his
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
411 day in court through no fault of his own, the equitable relief against such judgment may be availed of. [Yatco v. Sumagui, 44623-R, July 31, 1971; Cited in Phil. Law Dict., 1972 Ed. by Moreno; Varela v. Villanueva, 95 Phil. 248]. Compare with Intrinsic fraud. Ex turpi causa non oritur action. Lat. From a base cause no action arises. The legal principle thus expressed is that, on grounds of public policy, no court will lend its aid to a party who founds his cause of action on an illegal or an immoral act. [Tetley, Glossary of Conflict of Laws, 2004] Eye bank. A laboratory or institution with the capability to perform all or some of the activities related to preparing eye tissue for transplant such as, but no limited to, motivation and recruitment of donors, eye and eye tissue retrieval, screening of donor blood, processing, evaluation and grading of eye/corneal tissue, and distribution of said tissue for transplant, research and/or teaching. [Sec. 4, DOH Admin. Order 11-95].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
412 Wedge Co., L-7349. July 19, 1955; 51 OG 3432].
-FFabricated evidence. Evidence manufactured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. [Herrera, Rem. Law, 1999 Ed., p. 68, citing 530 Black’s Dict., 5th Ed.]. Facilitator. A person appointed by the court to pose questions to a child who may be a child psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader, parent or relative. [Sec. 4 (c), AM 00-4-07-SC]. Facilities. The items of expense necessary for the laborer's and his family's existence and subsistence, so that by express provision of law, they form part of the wage and when furnished by the employer are deductible therefrom, since if they are not furnished, the laborer would spend and pay for them just the same. [AtokBig Wedge Assn. v. Atok-Big
Facility operator. A company registered with the SEC, which may or may not be the project proponent, and which is responsible for all aspects of operation and maintenance of the infrastructure or development facility, including but not limited to the collection of tolls, fees, rentals or charges from facility users: Provided, That in case the facility requires a public utility franchise, the facility operator shall be Filipino or at least sixty per centum (60%) owned by Filipinos. [Sec. 2, RA 7718]. Facio ut des. Lat. I do and you give. An innominate contract which is based on the principle that "no one shall unjustly enrich himself at the expense of another. [Corpus v. CA, GR L-40424. June 30, 1980]. Facio ut facias. Lat. I make (or do) that you make (or do). [Torres, Oblig. & Cont., 2000 Ed., p. 169]. Fact. Any event or act or condition of things, assumed (for the moment) as happening or existing. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 3].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
413 Fact-finding inquiry. An inquiry akin to the investigations conducted by the police and other investigative agencies to gather facts to support the subsequent filing of the appropriate charges against suspects. [Kapunan v. De Villa, GR L-83177. Dec. 6, 1988]. Compare with Pretrial investigation. Fact-in-issue. A fact as to the correctness of which the court, under the law of the case, must be persuaded. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 3]. Factor. Also Commission agent. A person who takes property or merchandise of another to sell for him. It may also refer to a person or firm who takes over the accounts receivable of a business to collect sums of money due. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Factual impossibility. Crim. Law. This occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime. One example is the man who puts his hand in the coat pocket of another with the intention to steal the latter's wallet and finds the pocket empty. [Intod v. CA, GR 103119. Oct. 21, 1992].
Factum probandum. Lat. A fact established and proved in evidence. [Moy Ya Lim Yao v. Comm. of Immigration, GR L-21289. Oct. 4, 1971]. The ultimate fact sought to be established. [Claridades, A., Compilation of Notes, 20012006]. Factum probans. Lat. The material evidencing the proposition. It is the fact by which the factum probandum is established. [Claridades, A., Compilation of Notes, 2001-2006]. Facultative. The term is used in reinsurance contracts merely to define the right of the reinsurer to accept or not to accept participation in the risk insured. But once the share is accepted, the obligation is absolute and the liability assumed thereunder can be discharged by one and only way — payment of the share of the losses. There is no alternative or substitute prestation. [Equitable Ins. and Casualty Co., Inc. v. Rural Ins. and Surety Co., Inc., GR L-17436. Jan. 31, 1962]. Facultative obligation. An obligation where only one prestation has been agreed upon, but the obligor may render another in substitution. [Art. 1206, CC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
414 Compare with Alternative obligation. Failure of accountable officer to render accounts. Crim. Law. The felony committed by any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the COA Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts should be rendered. [Art. 218, RPC]. Failure of a responsible public officer to render accounts before leaving the country. Crim. Law. The felony committed by any public officer who unlawfully leaves or attempts to leave the Philippines without securing a certificate from the COA showing that his accounts have been finally settled. [Art. 219, RPC]. Failure of elections. Preconditions for declaring a failure of election: (a) that no voting has been held in any precinct or precincts because of force majeure, violence or terrorism, and (b) that the votes not cast therein suffice to affect the results of the elections. [Sardea v. Comelec, GR 106164. Aug. 17, 1993].
Failure of justice. The defeat of a particular right, of the failure of reparation for a particular wrong, from the lack or inadequacy of a legal remedy for the enforcement of the one or the redress of the other. [Sec. 9, PD 1487]. Failure to make delivery of public funds or property. Crim. Law. The felony committed by any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment, or by any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery. [Art. 221, RPC]. Failure to state a cause of action. Civ. Pro. The situation where the complaint (which) does not allege a sufficient cause of action is raised in a motion to dismiss under Rule 16 (of the) Rules of Court, before a responsive pleading is filed and can be determined only from the allegations in the initiatory pleading and not from evidentiary or other matters aliunde. [Domondon v. Lopez, AM RTJ-02-1696, June 20, 2002]. Compare
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
415 with Lack action.
of
cause
of
Fair and Equitable Access to Education Act. RA 7880 entitled “An Act providing for the fair and equitable allocation of the Department of Education, Culture and Sports budget for capital outlay” enacted on Feb. 20, 1995. Fair day's wage for a fair day's labor. The rule governing the relation between labor and capital or management and employee providing that if there is no work performed by the employee there can be no wage or pay, unless the laborer was able, willing and ready to work but was illegally locked out, dismissed or suspended. [J.P. Heilbronn Co. v. National Labor Union, 92 Phil. 577 (1953)]. Fairest test. In determining whether the third person's interest in a contract is a stipulation pour autrui or merely an incidental interest, the fairest test is to examine the intention of the parties as disclosed by their contract. [Florentino v. Encarnacion, 79 SCRA 192, 201, Sep. 30, 1977]. Fair market value. 1. The price at which a property may be sold by a seller who
is not compelled to sell and bought by a buyer who is not compelled to buy. [Sec. 199(l), LGC]. 2. The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it. [Glossary of Legal Terms (Pro-Se), 2004]. Fallo. The dispositive portion (which) is what actually constitutes the resolution of the court and which is the subject of execution. [Rivera-Olac v. CA, GR 84256. Sep. 2, 1992]. Fall-of-building clause. A clause in a fire insurance policy that if the building or any part thereof falls, except as a result of fire, all insurance by the policy shall immediately cease. [Claridades, A., Compilation of Notes, 2001-2006]. Falsa demonstratio non nocet cum de corpore constat. Lat. False description does not injure or vitiate a document, provided that the thing or person intended has once been sufficiently described. [Claridades, A., Compilation of Notes, 2001-2006]. Falsa descriptio. Lat. Defective caption given to a pleading. [Amarante v. CA, GR 76386. May 21, 1990].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
416 False accusation. Malicious prosecution. [Moreno’s Law Dict., 2000 Ed., p. 173]. False arrest. Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer. [Jurist’s Legal Dict., 2004]. False keys. The term shall be deemed to include: (a) The tools mentioned in the Art. 304 of the Rev. Penal Code; (b) genuine keys stolen from the owner; (c) any keys other than those intended by the owner for use in the lock forcibly opened by the offender. [Art. 305, RPC]. False medical certificates, false certificates of merits or service, etc., issuance of. Crim. Law. The felony committed by: (a) any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; (b) any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances; (c) or by any private person who shall falsify a certificate falling within the classes mentioned in the two preceding numbers. [Art. 174, RPC]. False pretenses or fraudulent acts. 1. In the crime of estafa or swindling,
the act executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits; (b) By altering the quality, fineness or weight of anything pertaining to his art or business; (c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender; (d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act [As amended by RA 4885]; (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
417 apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation. [Art. 315, RPC]. 2. Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods. [Jurist’s Legal Dict., 2004]. False return. Taxation. 1. The term merely implies deviation from the truth, whether intentional or not. [Aznar v. CA, GR L-20569. Aug. 23, 1974]. 2. It may not always be an attempt to evade a tax. [Comm. of Int. Rev. v. Javier, GR 78953. July 31, 1991]. Compare with Fraudulent return. False statement. A material statement which is untrue and knowingly stated as
such in the application for a concession, title or permit (under the provisions of the Public Land Act), thus tending to mislead the official charged with the processing of said application. [Claridades, A., Compilation of Notes, 20012006]. False testimony against a defendant, giving of. Crim. Law. The felony committed by any person who shall give false testimony against the defendant in any criminal case. [Art. 180, RPC]. False testimony favorable to the defendants, giving of. Crim. Law. The felony committed by any person who shall give false testimony in favor of the defendant in a criminal case. [Art. 181, RPC]. False testimony in other cases and perjury in solemn affirmation, making of. Crim. Law. The felony committed by any person, who knowingly makes untruthful statements and not being included in the provisions of Art. 180, 181 and 182 of the Rev. Penal Code, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
418 law so requires, or by any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in the Rev. Penal Code. [Art. 183, RPC].
or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in Art. 171 of the Rev. Penal Code. [Art. 172, RPC].
Falsification. Misrepresentation of a thing, fact or condition, certifying that a thing is true when it is not, whether one has the right to make the representation or certificate. [US v. Buenaventura, 1 Phil. 433].
Falsification by public officer, employee or notary. Crim. Law. The felony committed by any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts: 1. Counterfeiting or imitating any handwriting, signature or rubric; 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; 4. Making untruthful statements in a narration of facts; 5. Altering true dates; 6. Making any alteration or intercalation in a genuine document which changes its meaning; 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or 8. Intercalating
Falsification by ecclesiastic minister. Crim. Law. The felony committed by any ecclesiastical minister who shall commit any of the offenses enumerated in the first paragraph of Art. 171 of the Rev. Penal Code, with respect to any record or document of such character that its falsification may affect the civil status of persons. [Art. 171, RPC]. Falsification by private individual. Crim. Law. The felony committed by: 1. any private individual who shall commit any of the falsifications enumerated in Art. 171 of the Rev. Penal Code in any public or official document or letter of exchange or any other kind of commercial document; and 2. any person who, to the damage of a third party,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
419 any instrument or note relative to the issuance thereof in a protocol, registry, or official book. [Art. 171, RPC]. Falsification of a private document. Crim. Law. The crime is not committed by the mere falsification of the document. It does not suffice that the document itself be false, but there must also be proved the prejudice caused to a third person or the intention to cause it. [Mercury Drug v. NLRC, GR 96525. June 26, 1992, citing Aquino, Crim. Law, Vol. II, 1987 ed., p. 264; Art. 172 (2), RPC]. Falsification of legislative documents. Crim. Law. The felony committed by any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of Congress or any provincial board or municipal council. [Art. 170, RPC]. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. The commission of a crime by an officer or employee of the Government or of any private corporation or concern engaged in the service of sending or
receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same, or who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice. [Art. 173, RPC]. Falsify. To tamper with or alter. To represent falsely, distort or violate the truth. [PAL, Inc. v. NLRC, GR 87353. July 3, 1991]. Falsus in uno, falsus in omnibus. Lat. False in one part, false in everything. [Lagunsad v. CA, GR 104939. Feb. 2, 1994]. Family. 1. A natural and social institution founded on the conjugal union, binding together the individuals composing it, for the common accomplishment of the individual and spiritual ends of life, under the authority of the original ascendant who heads it. [Jurado, Civil Law Reviewer, 19th Ed., p. 187, citing 4 Valverde 8]. 2. A basic social institution which public policy cherishes and protects. [Suarez, Intro. to Law, 1995 3rd Ed., p. 73]. Family assistance loans. Loans granted to currently employed migrant workers
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
420 or their eligible dependents/families in the Philippines to tide them over during emergency situations. [Sec. 30, IRR, RA 8042].
and to the extent of the value allowed by law. [Bench Book for Trial Court Judges, p. 3-3, citing Arts. 152 and 153, CC].
Family Code. EO 209 entitled “The Family Code of the Philippines” signed on July 6, 1987.
Family name. Surname. [Moreno’s Law Dict., 2000 Ed., p. 175].
Family Courts Act of 1997. RA 8369 entitled “An Act establishing Family Courts, granting them exclusive original jurisdiction over child and family cases, amending Batas Pambansa Bilang 129, as amended, otherwise known as the Judiciary Reorganization Act of 1980, appropriating funds therefor and for other purposes” enacted on Oct. 28, 1997. Family home. 1. Constituted jointly by the husband and the wife or by an unmarried head of a family, it is the dwelling house where they and their family reside, and the land on which it is situated. [Art. 152, FC]. 2. The dwelling house where a husband and wife, or an unmarried head of the family resides, and the land on which it is situated, which is now deemed constituted from the time it is occupied as a family residence, and is exempt from execution, forced sale or attachment except as provided by law
Family of public officials or employees. The spouses and unmarried children under eighteen (18) years of age of public officials or employees. [Sec. 3, RA 6713]. Family relations. They include those: (a) between husband and wife; (b) between parents and children; (c) among brothers and sisters, whether of the full or half-blood. [Art. 150, FC]. Family relationship. The relation, union or connection which exists between members of the family, as that between husband and wife, parent and child, and as among other descendants, and among brothers and sisters. [Moreno’s Law Dict., 2000 Ed., p. 175]. Family-size fishpond. An area of fishpond that permits the efficient use of labor and capital resources of a family to produce an income sufficient to meet a family's
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
421 need for food, clothing, shelter, health and education with reasonable reserves to absorb yearly fluctuation in income. [Sec. 3, PD 704]. Farm. A plot or tract of land devoted to the raising of domestic or other animals. [Webster's Intl. Dict., 2nd Ed. (1954)]. Farm employer. Any person acting directly or indirectly in the interest of a farm employer whether for profit or not, as well as a labor contractor, but shall not include any labor organization (otherwise than when acting as a farm employer) or anyone acting in the capacity of an officer or agent of such labor organization. [Sec. 166, RA 3844]. Farmer. A natural person whose primary livelihood is cultivation of land or the production of agricultural crops, either by himself, or primarily with the assistance of his immediate farm household, whether the land is owned by him, or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. [Sec. 3, RA 6657]. Farmer's and fisherfolk's organizations or
associations. Farmers and fisherfolk's cooperatives, associations, or corporations duly registered with appropriate government agencies and which are composed primarily of small agricultural producers, farmers, farm workers, agrarian reform beneficiaries, fisherfolk who voluntarily join together to form business enterprises or non-business organizations which they themselves own, control and patronize. [Sec. 4, RA 8435]. Farmers' organization. Farmers' cooperatives, associations, or corporations duly registered with appropriate government agencies and which are composed primarily of small agricultural producers, farmers, farmworkers, and other agrarian reform beneficiaries who voluntarily join together to form business enterprises which they themselves own, control and patronize. [Sec. 4, RA 7607]. Farm implements. Hand tools or machines ordinarily employed in a farm enterprise. [Sec. 166, RA 3844]. Farm-to-market roads. Roads linking the agriculture and fisheries production sites, coastal landing points
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
422 and post-harvest facilities to the market and arterial roads and highways. [Sec. 4, RA 8435; Sec. 4, RA 8550]. Farmworker. 1. A natural person who renders service value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or pakyaw basis. [Sec. 4, RA 7607]. 2. A natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or "pakyaw" basis. The term includes an individual whose work has ceased consequence of, or in connection with, a pending agrarian dispute and who has not obtained a substantially equivalent and regular farm employment. [Sec. 3, RA 6657]. Farm workers' organization. Any union or association of farm workers which exists, in whole or in part, for the purpose of collective bargaining or dealing with farm employers concerning terms and conditions of employment. [Sec. 166, RA 3844]. FAS. See ship.
Free
alongside
Fatal. Causing death; deadly or mortal. [People v. Umadhay, GR 119544. Aug. 3, 1998, citing 16 Words & Phrases 448]. Fathom. A nautical measure of six (6) feet in length [Black's Law Dict., 5th Ed., 547]. Favorabilia sunt amplianda adiosa restrigenda. Lat. Penal laws which are favorable to the accused are given retroactive effect. [People v. Zervoulakos, GR 103975. Feb. 23, 1995]. Fear. An unpleasant emotional state characterized by anticipation of pain or great distress. It is a reaction to an external danger which is perceived to cause him harm. [People v. Dulay, GR 92600. Jan. 18, 1993]. Featherbedding activities. Also Make-work activities. An unfair labor practice of a union for exacting or attempting to exact from an employer, compensation for service nor rendered or not intended to be rendered. [Poquiz, Labor Rel. Law, 1999 Ed. p. 167]. Federal union. Also Federation. Intl. Law. A combination of two or more states which, upon merger,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
423 ceases to be states, resulting in the creation of a new state with full international personality to represent them in external relations and a certain degree of power over their domestic affairs and their inhabitants. An example is the United States. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 13]. Federation. union.
See
Federal
Fee. A charge fixed by law or ordinance for the regulation or inspection of a business or activity. [Sec. 131, RA 7160]. Fee for service. A reasonable and equitable health care payment system under which physicians and other health care providers receive a payment that does not exceed their billed charge for each unit of service provided. [Sec. 1, RA 9241]. Fee simple. 1. The rights of disposal and recovery. [Edroso v. Sablana, GR 6878. Sep. 13, 1913]. 2. The most extensive tenure allowed under the feudal system allowing the tenant to sell or convey by will or be transfer to a heir if the owner dies intestate. In modern law, almost all land is held in fee simple and this is as close as one can get to absolute
ownership in common law. [Duhaime's Legal Dict., 2004]. Fee simple absolute. The most complete, unlimited form of ownership of real property. [Jurist’s Legal Dict., 2004]. Fellatio. Also Irrumation. Legal Med. Sexual gratification attained by sucking the penis and initiating ejaculation. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Cunnilingus. Felonies. Also Delitos. Acts and omissions punishable by law. They are committed not only be means of deceit (dolo) but also by means of fault (culpa). [Art. 3, RPC]. Felonies. Elements. The elements of felonies in general are: (a) there must be an act or omission; (b) the act or omission must be punishable under the Rev. Penal Code; and (c) the act is performed or the omission incurred by means of deceit or fault. [People v. Gonzales, GR 80762. Mar. 19, 1990]. Felony. Sing. of Felonies. Fence. Any person, firm, association corporation or partnership or other organization who/which
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
424 commits the act of fencing. [Sec. 2, PD 1612].
People, GR 111426. July 11, 1994].
Fencing. The act of any person who, with intent to gain for himself or for another shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been deprived from the proceeds of the crime of robbery or theft. [Sec. 2, PD 1612].
Ferryboat service. A water transport service considered as a continuation of the highway when crossing rivers or even lakes, which are small body of waters separating the land. [San Pablo v. Pantranco South Express, Inc.. GR L-61461 & 61501. Aug. 21, 1987]. Compare with Coastwise or interisland shipping service.
Fencing. Elements: (a) A crime of robbery of theft has been committed; (b) the accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime; (c) the accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft; and (d) there is, on the part of the accused, intent to gain for himself or for another. [Dizon-Pamintuan v.
Fertilizer. Any substance solid or liquid - or any nutrient element or elements organic or inorganic - singly or in combination with other materials, applied directly to the soil for the purpose of promoting plant growth, increasing crop yield or improving their quality. [Sec. 3, PD 1144]. Festoon. To hang in a curved shape between two points as a decoration. [Sec. 3, RA 8491]. Fetishism. Legal Med. A sexual perversion wherein the real or fantasized presence of an object or bodily part is necessary for sexual stimulation and/or gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 116].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
425 Feudal system. A social structure that existed throughout much of Europe between 800 and 1400 and that revolved around a multilevel hierarchy between lords (who held land granted under tenure from the king), and their tenants (also called Vassals).Tenants would lease land from the lord in exchange for loyalty and goods or services, such as military assistance or money. In exchange, the tenant would be protected from attack. [Duhaime's Legal Dict., 2004]. Fiador. Sp. Bondsman, surety, guarantor, bailor, backer. [Luzon Surety v. City of Bacolod, GR L-23618. Aug. 31, 1970, citing Robb's Dict. of Legal Terms (1966), p. 56]. Fiat justitia ruat coelum. Lat. Let right be done though the heavens should fall. [Intl. Banking Corp. v. Yared, 59 Phil. 72, Dec. 11, 1933]. Fictitious sale. A sale which does not produce legal effects or any change in the juridical situation of the parties. [Claridades, A., Compilation of Notes, 20012006]. Fideicomisario. Sp. Beneficiary. [Barretto v. Tuason, GR 23923. Mar. 23, 1926].
Fideicomiso. Sp. Trust. A form or manner of testamentary substitution by which the testator or trustor charges the heir (trustee) to deliver a certain aliquot portion of the estate, or all thereof, to a third person who receives the name of beneficiary (fideicomisario). A charge of confidence imposed upon the first-born usufructuary possessor to preserve the entailed properties in order to deliver in due time the possession and enjoyment thereof to the succeeding first-born. [Barretto v. Tuason, GR 23923. Mar. 23, 1926, citing Diccionario de la Administracion Española, Vol. 5, p. 635]. Fideicommissary substitution. 1. A substitution by virtue of which the fiduciary or first heir instituted is entrusted with the obligation to preserve and to transmit to a second heir the whole or part of the inheritance. [Art. 863, CC]. 2. It takes place where the testator designates a person as an heir charging him to deliver to another the whole or part of the inheritance under the circumstances provided in Art. 863 of the Civil Code. [Bench Book for Trial Court Judges, p. 3-3].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
426 Fideicommissary substitution. Requisites: (a) There must be a first heir primarily called to the enjoyment of the estate; (b) there must be a second heir; and (c) there must be an obligation clearly imposed upon the first heir to preserve the estate and to transmit it to the second heir. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 196-197, citing Perez v. Garchitorena, 54 Phil. 431]. Fideicommissary substitution. Limitations: (a) The substitution must not go beyond one degree from the heir originally instituted; (b) the fiduciary and the fideicommissary must be living at the time of the death of the testator; (c) the substitution must not burden the legitime of compulsory heirs; and (d) the substitution must be made expressly. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 197, citing Arts. 863-865, CC]. Fidelity bond. A kind of surety bond under which the liability of the surety is conditioned upon dishonesty, infidelity, theft or any act of the principal obligor amounting to estafa. [Claridades, A., Compilation of Notes, 2001-2006].
Fiduciary. 1. A guardian trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person. [Sec. 22, NIRC, as amended]. 2. The term is synonymous to a trustee, which is the classic form of a fiduciary relationship. A fiduciary has rights and powers which would normally belong to another person. The fiduciary holds those rights which he must exercise to the benefit of the beneficiary. 3. A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc. [Jurist’s Legal Dict., 2004]. Fiduciary relation, what constitutes. The relation between parties in order to be fiduciary need not be legal, but by moral, social, domestic or merely personal; and where by reason of kinship, business association, disparity in age or physical or mental condition or other reason, the grantee is in an especially intimate position with regard to another and the latter reposes a degree of trust and confidence in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
427 the former, confidential relationship exist which prohibits the one entrusted from seeking a selfish benefit for himself during the course of relationship, and affords a basis for imposing a constructive trust. [Sotto v. Teves, GR L-38018. Oct. 31, 1978]. Field personnel. Nonagricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. [Art. 82, LC]. Fieri facias writ. A writ commanding a sheriff to take and sell enough property from the person who lost the lawsuit, to pay the debt owed by the judgment. [Duhaime's Legal Dict., 2004]. File. To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case. [Glossary of Legal Terms (Pro-Se), 2004]. Filiation. The civil status of a child in relation to his/her father or mother. [Jurado, Civil Law Reviewer, 19th Ed.
(1999), p. Paternity.
196].
See
Filiation, proof of. The filiation of legitimate children is established by any of the following: (a) The record of birth appearing in the civil register or a final judgment; or (b) an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate filiation shall be proved by: (a) the open and continuous possession of the status of a legitimate child; or (b) Any other means allowed by the Rules of Court and special laws. [Art. 172, FC]. Filing. Rem. Law. The act of presenting the pleading or other paper to the clerk of court. [Sec. 2, Rule 13, RoC]. Filing fee. Rem. Law. The fee required for filing various documents. [Glossary of Legal Terms (Pro-Se), 2004]. Filipinization law. nationalization law.
See
Filipino. The national language of the Philippines. [Sec. 3, RA 7104]. Filipino contractor. A construction contractor, who is a citizen of the Philippines,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
428 or a corporation or other juridical entity, of which, in the case of a corporation, at least sixty percent (60%) of its capital stock outstanding and entitled to vote, is owned and held by citizens of the Philippines and at least sixty per cent (60%) of the Board of Directors thereof are citizens of the Philippines, and in the case of any other juridical entity, at least sixty percent (60%) of its equity is owned and held by citizens of the Philippines. [Sec. 3, PD 1167]. Filipino-first policy. The constitutional provision whereby the State is mandated to give preference to qualified Filipinos in the grant of rights, privileges, and concessions covering the national economy and patrimony. [Sec. 10, Art. XII of the 1987 Constitution]. Filipinos overseas. Filipinos who are permanent residents abroad, including Filipino emigrants who are either already citizens of foreign countries or are still Filipino citizens awaiting naturalization, recognition, or admission, and their descendants. [Sec. 2, BP 79]. Final act. Intl. Law. Sometimes called Protocol de cloture. 1. An instrument which records
the winding up of the proceedings of a diplomatic conference and usually includes a reproduction of the texts of treaties, conventions, recommendations and other acts agreed upon and signed by the plenipotentiaries attending the conference. It is not the treaty itself. It is rather a summary of the proceedings of a protracted conference which may have taken place over several years. [Tañada v. Angara, GR 118295. May 2, 1997]. 2. The records of the winding up of the proceedings of a conference. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. See Act. Final and executory judgment. Rem. Law. A judgment which becomes "final and executory" by operation of law. Finality of judgment becomes a fact upon the lapse of the reglementary period to appeal if no appeal is perfected. In such a situation, the prevailing party is entitled to a writ of execution, and issuance thereof is a ministerial duty of the court. [City of Manila v. CA, GR 100626. Nov. 29, 1991]. Compare with Final judgments. Final injunction. Rem. Law. A judgment rendered after trial which perpetually
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
429 restrains the party or person from the commission or continuance of the act or acts, or confirming the preliminary mandatory injunction. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 325, citing Sec. 9, Rule 58, RoC]. Finality of judgment rule. Rem. Law. A rule grounded on the fundamental principle of public policy and sound practice that at the risk of occasional error, the judgment of court and award of quasi-judicial agencies must become final at some definite date fixed by law. [Reyes v. CA, GR 120817. Nov. 4, 1996]. Final judgment or order. Rem. Law. An order which disposes of the whole subject matter or terminates a particular proceeding or action, leaving nothing to be done but to enforce by execution what has been determined. [Marcelo v. de Guzman, No. L-29077, 29 June 1982, 114 SCRA 657]. Compare with Interlocutory order. Final judgments. Rem. Law. Judgments which finally dispose of, adjudicate, or determine the rights of the parties in the case. But such judgments are not yet "final and executory" pending the expiration of the
reglementary period for appeal. During that period, execution of the judgment cannot yet be demanded by the winning party as a matter of right. [City of Manila v. CA, GR 100626. Nov. 29, 1991]. Compare with Final and executory judgment. Final order or judgment. Rem. Law. One which either terminates the action itself or operates to vest some right in such manner as to put it out of the power of the court making the order to place the parties in their original condition. More specifically, it is that which disposes of the whole subject matter or terminates the particular proceedings or action, leaving nothing to be done but to enforce by execution what has been determined. [Ceniza v. CA, GR 95296. Feb. 3, 1993]. Final resolution. Rem. Law. A resolution finally disposing of a case, such as one dismissing a case. [Claridades, A., Compilation of Notes, 2001-2006]. Finance charges. The amount to be paid by the debtor incident to the extension of credit such as interest or discounts, collection fees, credit investigation fees, and other
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
430 service charges. [Sec. 3, RA 8484]. Finance lease. Also Full payout lease. A contract involving payment over an obligatory period (also called primary or basic period) of specified rental amounts for the use of a lessor's property, sufficient in total to amortize the capital outlay of lessor and to provide for the lessor's borrowing costs and profits. [Beltran v. PAIC Finance Corp., GR 83113. May 19, 1992, citing Rev. Reg. 19-86, Promulgated by the DOF on 1 Jan. 1987]. Financial assistance. The giving out of money to another without the expectation of any returns therefrom. It connotes an ex gratia dole out in favor of someone driven into a state of destitution. [Leung v. IAC, GR 70926. Jan. 31, 1989].
non-cancelable lease contract under which the lessor purchases or acquires, at the instance of the lessee, machinery, equipment, motor vehicles, appliances, business and office machines, and other movable or immovable property in consideration of the periodic payment by the lessee of a fixed amount of money sufficient to amortize at least seventy (70%) of the purchase price or acquisition cost, including any incidental expenses and a margin of profit over an obligatory period of not less than two (2) years during which the lessee has the right to hold and use the leased property with the right to expense the lease rentals paid to the lessor and bears the cost of repairs, maintenance, insurance and preservation thereof, but with no obligation or option on his part to purchase the leased property from the ownerlessor at the end of the lease contract. [Sec. 3, RA 8556].
Financial intermediaries. Persons or entities whose principal functions include the lending, investing or placement of funds or evidences of indebtedness or equity deposited with them, acquired by them, or otherwise coursed through them, either for their own account or for the account of others. [Sec. 1, PD 71].
Financial or technical assistance agreement. A contract involving financial or technical assistance for large-scale exploration, development, and utilization of mineral resources. [Sec. 3, RA 7942].
Financial leasing. A mode of extending credit through a
Financier. Any person who pays for, raises or supplies
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
431 money for, or underwrites any of the illegal activities prescribed under RA 9165. [Sec 3, RA 9165]. Financier or Capitalist. Any person who finances the operations of any illegal numbers game. [Sec. 2, RA 9287]. Financing companies. 1. Corporations, except banks, investments houses, savings and loan associations, insurance companies, cooperatives, and other financial institutions organized or operating under other special laws, which are primarily organized for the purpose of extending credit facilities to consumers and to industrial, commercial, or agricultural enterprises, by direct lending or by discounting or factoring commercial papers or accounts receivable, or by buying and selling contracts, leases, chattel mortgages, or other evidences of indebtedness, or by financial leasing of movable as well as immovable property. [Sec. 3, RA 8556]. Financing Company Act. RA 5980 enacted on Aug. 4, 1969. Financing Company Act of 1998. RA 8556 entitled “An Act amending RA 5980, as amended, otherwise known
as the Financing Company Act” enacted on Feb. 26, 1998. Financing lease. It may be seen to be a contract sui generis, possessing some but not necessarily all of the elements of an ordinary or civil law lease. Thus, legal title to the equipment leased is lodged in the financial lessor. The financial lessee is entitled to the possession and use of the leased equipment. At the same time, the financial lessee is obligated to make periodic payments denominated as lease rentals, which enable the financial lessor to recover the purchase price of the equipment which had been paid to the supplier thereof. [Beltran v. PAIC Finance Corp., GR 83113 and 83258, May 19, 1992]. Finding. Formal conclusion by a judge or regulatory agency on issues of fact. [Glossary of Legal Terms (Pro-Se), 2004]. Findings of fact. The written statement of the ultimate facts as found by the court and essential to support the decision and judgment rendered thereon; they consist of the court's conclusions with respect to the determinative facts on issue. [Air France v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
432 Carrascoso, GR Sep. 28, 1966].
L-21438.
Fine. 1. Pecuniary punishment imposed by a lawful Tribunal upon a person convicted of crime or misdemeanor. It may include a forfeiture or penalty recoverable in a civil action. [Vda. De Tad-y v. Ledesma, GR 28638. Sep. 21, 1928, citing 2 Bouvier's Law Dict., 1925]. 2. A sum of money paid as part of a penalty of conviction for a particular criminal offense. [Jurist’s Legal Dict., 2004]. Fine mesh net. Net with mesh size of less than three centimeters (3 cm.) measured between two (2) opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency. [Sec. 4, RA 8550]. Fingir. Sp. Contrahacer alguna cosa dandola la semejanza de lo que no es. Eng. To counterfeit something, giving it the appearance of that which it is not. [US v. Paraiso, GR 91. Nov. 13, 1901]. Compare with Contrahaciendo. Finished products. Processed and manufactured coral articles of trade and commerce in a form that may be immediately utilized by the end-user or consumer
such as, but not limited to, jewelries or decorative articles. [Sec. 3, PD 1219]. Finishes. Materials used as final coating of a surface for ornamental or protective purposes. [Sec. 3, PD 1185]. Fire. The active principle burning, characterized the heat and light combustion. [Sec. 3, 1185].
of by of PD
Fire alarm. Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire. [Sec. 3, PD 1185]. Firearm. Any instrument or device with which it is possible to propel a projectile by the expansive force of the gases generated by the combustion of an explosive substance. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 696]. Fireblock. Any wall which separate two abutting living units so as to resist the spread of fire. Such wall shall be of masonry construction e.g., cement hollow blocks, bricks, reinforced concrete, etc. at least 4" thick, and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
433 shall extend throughout the whole length of the living units and from the lowest portion of the wall adjoining the living units up to the point just below the roof covering of purlins. [Sec. 3, BP 220]. Fire Code of the Philippines. PD 1185 signed into law on Aug. 26, 1977. Fire door. A fire resistive door prescribed for openings in fire separation walls or partitions. [Sec. 3, PD 1185]. Fire hazard. Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property. [Sec. 3, PD 1185]. Fire insurance. 1. Insurance against loss by fire, lightning, windstorm, tornado or earthquake and other allied risks, when such risks are covered by extension to fire insurance policies or under separate policies. [Sec. 167, IC]. 2. An aleatory contract by which the insured in effect wagers that his house will be burned, with the insurer assuring him against the loss, for a fee. If the house
does burn, the insured, while losing his house, wins the wager. The prize is the recompense to be given by the insurer to make good the loss the insured has sustained. [Malayan Insurance Co., Inc. (MICO) v. Cruz-Arnaldo, GR L-67835. Oct. 12, 1987]. Fire insurance policy. A personal contract of indemnity against a loss by the person insured, by fire. [Moreno’s Law Dict., 2000 Ed., p. 179]. Fire insurance policy, conditions for cancellation of. A valid cancellation (of a fire insurance policy) must require concurrence of the following conditions: (a) There must be prior notice of cancellation to the insured; (b) the notice must be based on the occurrence, after the effective date of the policy, of one or more of the grounds mentioned; (c) the notice must be (1) in writing, (2) mailed, or delivered to the named insured, (3) at the address shown in the policy; (d) it must state (1) which of the grounds mentioned in Sec. 64 (of the Ins. Code) is relied upon and (2) that upon written request of the insured, the insurer will furnish the facts on which the cancellation is based. [Malayan Ins. Co., Inc.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
434 (MICO) v. Cruz-Arnaldo, GR L-67835. Oct. 12, 1987]. Fire lane. The portion of a roadway or publicway that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units. [Sec. 3, PD 1185]. Fire protective and fire safety device. Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire. [Sec. 3, PD 1185]. Fire-resistive time period rating. The length of time a material can withstand being burned which may be onehour, 2-hours, 3-hours, 4hours, etc. [Sec. 3, BP 220]. Fire safety constructions. Design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building
or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame retardant chemicals. [Sec. 3, PD 1185]. Fire trap. A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes. [Sec. 3, PD 1185]. Fire wall. A fireblock with extends vertically from the lowest portion of the wall which adjoins the 2 living units up to a minimum height of 0.30 meter above the highest portion of the roof attached to it; the fire wall shall also extend horizontally up to a minimum distance of 0.30 meter beyond the outermost edge of the abutting living units. [Sec. 3, BP 220].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
435 Firm offer. An offer offeror promises open for a fixed time. [Intl. Law Direct., 2004].
which the to keep period of Dict. &
Firms. The term by which groups of lawyers are called. It is usually a partnership and members of the firm are the partners. Some firms may be organized as professional corporations and the members called shareholders. In either case, the members of the firm are the experienced attorneys. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. First class ricelands. Those which yield more than forty cavans per hectare, the same to be computed upon the normal average harvest of the three preceding years. [Sec. 14, RA 2263]. First jeopardy. Elements: (a) Court of competent jurisdiction; (b) valid complaint or information; (c) arraignment and a (d) valid plea [People v. Ylagan, 58 Phil. 851; 853]; (e) the defendant was acquitted or convicted or the case was dismissed or otherwise terminated without the express consent of the accused. [People v. Declaro, GR 64362, Feb. 9, 1989, 170 SCRA 142].
First name. A name or nickname given to a person which may consist of one or more names in addition to the middle and last names. [Sec. 2, RA 9053]. First reading of a bill. The reading of the number, title, and author followed by the referral to the appropriate committees. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. First refusal, right of. 1. The right to have the first opportunity to purchase real estate when such becomes available, or the right to meet any other offer. [Black’s Law Dict., Abr. 5th Ed. (1983), 395]. 2. A right given to a person to be the first person allowed to purchase a certain object if it is ever offered for sale. The owner of this right is the first to be offered the designated object if it is ever to be offered for sale. [Duhaime's Legal Dict., 2004]. Fiscal adequacy. One of the characteristics of a sound tax system which requires that sources of revenues must be adequate to meet government expenditures and their variations. [Chavez v. Ongpin, GR 76778. June 6, 1990]. Fiscal autonomy. envisioned in
1.
As the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
436 Constitution, the autonomy enjoyed by the Judiciary, the Civil Service Commission, the Commission on Audit, the Commission on Elections, and the Office of the Ombudsman (which) contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require. It recognizes the power and authority to levy, assess and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for compensation and play plans of the government and allocate and disburse such sums as may be provided by law or prescribed by them in the course of the discharge of their functions. 2. Freedom from outside control. [Bengzon v. Drilon, GR 103524. Apr. 15, 1992]. Fiscal year. 1. An accounting period of twelve (12) months ending on the last day of any month other than December. [Sec. 22, NIRC, as amended]. 2. The period beginning with the first day of January and ending with the thirty-first day of December of each calendar year. [Sec. 2, Chap. 1, Book VI, EO 292]. Compare with Calendar year. Fish. All fishes and other aquatic animals such as
crustaceans (crabs, prawns, shrimps and lobsters), mollusks (clams, mussels, scallops, oysters, snails and other shellfish). [Sec. 3, PD 43]. Fish and fishery or aquatic products. This includes not only finfish but also mollusks, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form. [Sec. 4, RA 8550]. Fish cage. An enclosure which is either stationary or floating made up of nets or screens sewn or fastened together and installed in the water with opening at the surface or covered and held in a place by wooden/bamboo posts or various types of anchors and floats. [Sec. 4, RA 8550]. Fish corral or Baklad. A stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split blood mattings or wire mattings with one or more enclosures, usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers, purse or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
437 bags. [Sec. 4, RA 8550; Sec. 3, PD 704]. Fisherfolk. People directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources. [Sec. 4, RA 8550]. Fisherfolk cooperative. A duly registered association of fisherfolk with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contribution to the capital requirement and accepting a fair share of the risks and benefits of the undertakings in accordance with universally accepted cooperative principles. [Sec. 4, RA 8550]. Fisherfolk organization. An organized group, association, federation, alliance or an institution of fisherfolk which has at least fifteen (15) members, a set of officers, a constitution and by-laws, an organizational structure and a program of action. [Sec. 4, RA 8550]. Fisheries. 1. All systems or networks of interrelated activities which include the production, growing, harvesting, processing, marketing, developing, conserving, and managing of
all aquatic resources and fisheries areas. [Sec. 4, RA 8435]. 2. All activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take aquatic resource thereof. [Sec. 4, RA 8550]. Fisheries Decree of 1975. PD 704 entitled “Revising and consolidating all laws and decrees affecting fishing and fisheries” signed into law on May 16, 1974. Fisheries sector. The sector engaged in the production, growing, harvesting, processing, marketing, developing, conserving, and managing of aquatic resources and fisheries areas. [Sec. 4, RA 8435]. Fishery. The business of catching, taking, handling, marketing and preserving fish or other fishery/aquatic products; the fishing grounds; and the right to fish or take such products therefrom. [Sec. 3, PD 704]. Fishery industry. 1. Fish produces, fish processors, fish traders, both wholesalers and retailers, and owners of refrigerating and cold storage plants
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
438 serving the industry. [Sec. 3, PD 704]. 2. The production, processing, preservation, marketing and distribution of fish and fishery products. [Sec. 3, PD 43]. Fishery industry, components of the. Fish producers, fish processors, fish traders both wholesalers and retailers, and owners of refrigerating and cold storage plants serving the industry. [Sec. 3, PD 43]. Fishery management areas. A bay, gulf, lake or any other fishery area which may be delineated for fishery resource management purposes. [Sec. 4, RA 8550]. Fishery operator. One who owns and provides the means including land, labor, capital, fishing gears and vessels, but does not personally engage in fishery. [Sec. 4, RA 8550]. Fishery products. All products of aquatic living resources in any form. [Sec. 3, PD 43]. Fishery refuge and sanctuaries. A designated area where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access may be restricted. [Sec. 4, RA 8550].
Fishery reserve. A designated area where activities are regulated and set aside for educational and research purposes. [Sec. 4, RA 8550]. Fishery species. All aquatic flora and fauna including, but not restricted to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and cetaceans. [Sec. 4, RA 8550]. Fish fingerlings. A the life cycle of measuring to about depending on the [Sec. 4, RA 8550].
stage in the fish 6-13 cm. species.
Fish fry. A stage at which a fish has just been hatched usually with sizes from 1-2.5 cm. [Sec. 4, RA 8550]. Fishing. 1. The taking of fishery species from their wild state of habitat, with or without the use of fishing vessels. [Sec. 4, RA 8550]. 2. The application of techniques using various gear in catching fish and other fisheries products. [Sec. 4, RA 8435]. Fishing boat. 1. Also Gear license. A permit to operate specific types of fishing boat/gear for specific duration in areas beyond municipal waters for demersal or pelagic fishery
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
439 resources. [Sec. 4, RA 8550]. 2. All boats, such as bancas, sailboats, motor boats or any other type of watercraft, whether licensed or not, used for fishing purposes: Provided, That any such boat used for the purpose of transporting the fish in the course of fishing operations shall be considered as a fishing boat. [Sec. 3, PD 704].
or other chemical compounds that contain combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound, will kill, stupefy, disable or render unconscious any fishery species. [Sec. 4, RA 8550; Sec. 3, PD 704; Sec. 1, PD 534].
Fishing gear. Any instrument or device and its accessories utilized in taking fish and other fishery species. [Sec. 4, RA 8550].
Fishing with the use of noxious or poisonous substances. 1. The use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. [Sec. 4, RA 8550]. 2. The use of any substance or chemical, whether in raw or processed form, harmful or harmless, which kill, stupefy, disable, or render unconscious fish or fishery/aquatic products. [Sec. 3, PD 704; Sec. 1, PD 534].
Fishing grounds. Areas in any body of water where fish and other aquatic resources congregate and become target of capture. [Sec. 4, RA 8435]. Fishing vessel. Any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing, including, but not limited to, preservation, supply, storage, refrigeration, transportation and/or processing. [Sec. 4, RA 8550]. Fishing with the use of explosives. The use of the dynamite, other explosives
Fish pen. 1. An artificial enclosure constructed within a body of water for culturing fish and fishery/aquatic
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
440 resources made up of poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape of fish. [Sec. 4, RA 8550]. 2. Fish enclosure made of closely-woven bamboo screens or nets, or other materials attached to poles staked to the water bottom for the purpose of growing and/or culture of fish to various sizes in both fresh and salt water areas. [Sec. 3, PD 704]. Fish plates. Strips of iron 8" to 12" long and 3 1/2" thick which are attached to the rails by 4 bolts, two on each side, to keep the rails aligned. [Ma-Ao Sugar Central Co., Inc. v. CA, GR 83491. Aug. 27, 1990]. Fishpond. A land-based facility enclosed with earthen or stone material to impound water for growing fish. [Sec. 4, RA 8550]. Fishponds. Bodies of water enclosed by dikes of earth or other material constructed for the care and conservation of fish, for purposes of profit; in this respect fishponds and its waters are artificial, not natural, as they are constructed through human effort and labor. [De Guzman v. Mun. of Taytay, GR 43626. Mar. 7, 1938].
Fishworker. A person regularly or not regularly employed in commercial fishing and related industries, whose income is either in wage, profit-sharing or stratified sharing basis, including those working in fish pens, fish cages, fish corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or packing plants. [Sec. 4, RA 8550]. Fit for human consumption. An implied warranty by the seller to the buyer of food. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Five air freedoms. Intl. Law. (a) to fly across territory without landing; (b) the freedom to land for nontraffic purposes; (c) the freedom to put down traffic originating in the state of the aircraft; (d) the freedom to embark traffic destined for the state of the aircraft; and (e) the freedom to embark traffic destined for, or to put down traffic coming from, a third state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 76]. Fixation. The embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
441 communicated through a device. [Sec. 202, RA 8293]. Fixed price contract. A contract (with) a fixed price, i.e., not subject to escalation. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987]. Flag and Heraldic Code of the Philippines. RA 8491 entitled “An Act prescribing the code of the national flag, anthem, motto, coat-of-arms and other heraldic items and devices of the Philippines” enacted on Feb. 12, 1998. Flag of convenience. The granting of nationality (and the right to fly a flag) to a ship by a state when there is little or no connection (such as ownership, nationality of the crew, routes followed, etc.) between the ship and the state. [Intl. Law Dict. & Direct., 2004]. Flag of truce. Intl. Law. A white flag carried by an individual authorized by one belligerent to enter into communications with the other belligerent. The bearer, or parlementaire, is entitled to inviolability as long as he does not take advantage of his privileged position to commit an act of treachery. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142].
Flag salute law. RA 1265 entitled “An Act making flag ceremony compulsory in all educational institutions” enacted on June 11, 1955. Flag state. The state that allows a ship to fly its flag and that grants the ship its nationality. [Intl. Law Dict. & Direct., 2004]. Flammable. Any substance or material that is highly combustible and self-igniting by chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds, ammonium chlorate and other ammonium mixtures and other similar substances or materials. [Sec. 5, RA 6235]. Flash point. The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air. [Sec. 3, PD 1185]. Flesh wound. A wound which is superficial in nature. [Moreno’s Law Dict., 2000 Ed., p. 181]. Flexible constitution. A constitution which can be changed by ordinary legislation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9]. Compare with Rigid constitution.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
442 Flexible work schedule of a solo parent. The right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer. [Sec. 3, RA 8972]. Flight to enemy's country. Crim. Law. The felony committed by any person who, owing allegiance to the (Philippine) Government, attempts to flee or go to an enemy country when prohibited by competent authority. [Art. 121, RPC]. Flip-flopping or flipping. The stances of an agency or board whereby, after absolving (a person) in a decision that became final, it reversed itself and found that he was guilty, based on the same evidence it had rejected in its first decision. [Fruto v. Reyes, GR 82304. Nov. 29, 1989]. Floating law clause. A clause in a contract which permits one party to the contract to choose the applicable law, after a predetermined event has occurred. Such clauses have been criticized for lending themselves to evasion of the law. [Tetley, Glossary of Conflict of Laws, 2004].
Floating status. 1. An indefinite period of time when (employees) do not receive any salary or financial benefit provided by law. 2. (Employees who) remained without work or assignment x x x for a (certain) period. [Agro Commercial Security Services Agency, Inc. v. NLRC, GR 82823-24. July 31, 1989]. Floor-wage method. A method used in legislation involving the fixing of determinate amount that would be added to the prevailing statutory minimum wage. [ECOP v. NWPC, GR 96169. Sep. 24, 1991, quoting NWPC's Order of Nov. 6, 1990]. Compare with Salary-ceilingmethod. Fluvial domain. Maritime domain.
See
Fly. The part of the flag outside the hoist or length. [Sec. 3, RA 8491]. FOB. See Free on Board. Follow-up. The monitoring of a newborn with a heritable condition for the purpose of ensuring that the newborn patient complies fully with the medicine of dietary prescriptions. [Sec. 4, RA 9288].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
443 Food. Any substance, whether processed, semiprocessed or raw, intended for human consumption and includes chewing gum, drinks and beverages and any substance which has been used as an ingredient or a component in the manufacture, preparation or treatment of food. [Art. 4, RA 7394]. Food additive. Any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified as having been adequately shown through scientific procedures to be safe under the conditions of the intended use. [Art. 4, RA 7394]. Food fortification. The addition of nutrients to processed foods at levels above the natural state. [Sec. 4, RA 8172].
Food-grade salt. Salt for human and animal consumption as distinguished from industrial salt. [Sec. 4, RA 8172]. Food security. 1. The policy objective, plan and strategy of meeting the food requirements of the present and future generations of Filipinos in substantial quantity, ensuring the availability and affordability of food to all, either through local production or importation, or both, based on the country's existing and potential resource endowment and related production advantages, and consistent with the overall national development objectives and policies. [Sec. 4, RA 8435]. 2. Any plan, policy or strategy aimed at ensuring adequate supplies of appropriate food at affordable prices. [Sec. 4, RA 8550]. Footpath. See Path walk. Forbearance. The contractual obligation of the creditor to forbear during a given period to require of the debtor payment of an existing debt then due and payable. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 418].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
444 For cause. That means "a guarantee of both procedural and substantive due process” (in the removal or suspension of a civil service officer or employee). [Dario v. Mison, GR 86241. Aug. 8, 1989]. Forced heirs. Compulsory heirs.
See
Forced labor and slavery. The extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception. [Sec. 3, RA 9208]. Force majeure. Also Caso fortuito. Fr. Act of God. 1. Acts or circumstances beyond the reasonable control of the contractor including, but not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade, sabotage, embargo, strike, lockout, any dispute with surface owners and other labor disputes, epidemic, earthquake, storm, flood or other adverse weather conditions, explosion, fire, adverse action by government or by any instrumentality or subdivision thereof, act of God or any public enemy
and any cause that herein described over which the affected party has no reasonable control. [Sec. 3, RA 7942]. 2. Inevitable accident or casualty; an accident produced by any physical cause which is irresistible; such as lightning, tempest, perils of the sea, inundation, or earthquake; the sudden illness or death of a person. [Gotesco Investment Corp. v. Chatto, GR 87584. June 16, 1992, citing 2 Blackstone's Commentaries, 122]. Force majeure. Elements that must concur to exempt party from liability, under Art. 1174 of the Civil Code: (a) the cause of the breach of the obligation must be independent of the human will (the will of the debtor or the obligor); (b) the event must be either unforeseeable or unavoidable; (c) the event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and (d) the debtor must be free from any participation in, or aggravation of the injury to the creditor [Lasam v. Smith, 45 Phil. 657 (1924); Austria v. CA, 39 SCRA 527 (1971); Vasquez v. CA, 138 SCRA 553 (1985); Nakpil & Sons v. CA, 144 SCRA 596 (1986)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
445 Forcible abduction. Crim. Law. The abduction of any woman against her will and with lewd designs. [Art. 342, RPC]. Compare with Consented abduction. Forcible abduction with rape. Crim. Law. Elements: (a) The taking of a woman against her will; (b) the taking is with lewd designs 32 and (c) the rape of the woman was accomplished through force or intimidation. [People v. Aczon, GR 93029. Aug. 10, 1993, citing Art. 342, RPC]. Forcible entry. 1. Summary and expeditious procedure by which a person seeks to recover material or physical possession of any land or building taken from him by force, intimidation, strategy, threat or stealth. [e.g., when an intruder occupies by force, the proper civil remedy is forcible entry]. 2. The unlawful deprivation of the possession of any land or building by force, intimidation, threat, strategy, or stealth. [Sec. 1, Rule 70, RoC]. Forcing. A process where a piece of metal is heated prior to changing its shape or dimensions. [Sec. 3, PD 1185]. Foreclosure of mortgage. 1. A proceeding in court by
which the right of a person against real or personal property is determined and enforced. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. The judicial or extra-judicial procedure by which a mortgagee-creditor or one who has succeeded to his rights is allowed to have the mortgaged property sold so that from the proceeds of said sale, the debt may be satisfied. 2. A court proceeding upon default in a mortgage to vest title in the mortgagee. [Glossary of Legal Terms (Pro-Se), 2004]. Foreign agent. Any person who acts or agrees to act as political consultant, public relations counsel, publicity agent, information representative, or as agent, servant, representative, or attorney for a foreign principal or for any domestic organization subsidized directly or indirectly in whole or in part by a foreign principal. The term foreign agent shall not include a duly accredited diplomatic or consular officer of a foreign country or officials of the United Nations and its agencies and of other international organizations recognized by the Republic of the Philippines while engaged in activities within the scope of their legitimate functions as such officers or a bona fide member or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
446 employee of a foreign press service or news organization while engaged in activities within the scope of his legitimate functions as such. [Sec. 3, BP 39]. Foreign Agents Act of 1979. BP 39 entitled “An Act regulating the activities and requiring the registration of foreign agents in the Philippines” enacted on Sep. 7, 1979. Foreign air carrier. An air carrier who is not a citizen of the Philippines, and/or an air carrier other than a domestic air carrier. [Sec. 3, RA 776]. Foreign air commerce. Air commerce between the Philippines and any place outside it. [Sec. 3, RA 776]. Foreign air transportation. Air transportation between the Philippines and any place outside it, or wholly outside the Philippines. [Sec. 3, RA 776]. Foreign bill of exchange. Nego. Inst. A bill which on its face does not purport to be both drawn and payable within the Philippines. [Diaz, Bus. Law Rev., 1991 Ed., p. 366]. Compare with Inland bill of exchange. Foreign corporation. A corporation formed, organized or existing under
any laws other than those of the Philippines and whose laws allow Filipino citizens and corporations to do business in its own country or state. It shall have the right to transact business in the Philippines after it shall have obtained a license to transact business in this country in accordance with the Corporation Code and a certificate of authority from the appropriate government agency. [Sec. 123, Corp. Code]. Compare with Domestic corporation. Foreign currency denominated sale. Sale to a nonresident of goods, except those mentioned in Secs. 149 and 150 of the National Internal Revenue Code, assembled or manufactured in the Philippines for delivery to a resident in the Philippines, paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP). [Sec. 105, NIRC, as amended]. Foreign Currency Deposit Act of the Philippines. RA 6426 entitled “An Act instituting a foreign currency deposit system in the Philippines, and for other purposes” enacted on Apr. 4, 1972.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
447 Foreign customer. A person or any entity, corporation, or organization carrying on business or other activities outside the Philippines, and may include a foreign government. [Sec. 3, RA 6424]. Foreign diplomat. Any authorized diplomatic representative of the requesting state or government and recognized as such by the Sec. of Foreign Affairs. [Sec. 2, PD 1069]. Foreign element. Conf. of Laws. A factual situation that cuts across territorial lines and is thus affected by the diverse laws of two or more states. [Agpalo, Conflict of Laws, p. 4]. Foreign exchange. 1. Foreign currency notes, coins, checks, letters of credits, drafts, bills of exchange or other instruments customarily employed for international transfer. [Sec. 3, PD 1883]. 2. Any medium for effecting international payments. [Sec. 1, RA 426]. 3. The conversion of the money of one state into that of another state. [Intl. Law Dict. & Direct., 2004]. Foreign exchange market. An informal network of
banks, foreign exchange brokers, and foreign exchange dealers who facilitate the exchange of currencies. [Intl. Law Dict. & Direct., 2004]. Foreign flag vessel. A vessel or watercraft registered under the laws of a country other than the Philippines. [Sec. 3, PD 474]. Foreign government. The government of a country, other than the Philippines, or of any political subdivision or agency thereof. [Sec. 3, RA 6424]. Foreign investments. Equity investment, owned by a nonPhilippine National in a registered enterprise, made in the form of foreign exchange or other assets actually transferred to the Philippines and registered with the Central Bank(now Bangko Sentral) and the Board of Investments, which shall assess and appraise the value of such assets other than foreign exchange. [Sec. 3, RA 5186]. Foreign judgment. In a strict sense, a judgment rendered by a court of a foreign country. [Moreno’s Law Dict., 2000 Ed., p. 183]. Foreign loan. Any credit facility or financial assistance other than equity
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
448 investment obtained by a registered enterprise from a source outside the Philippines and brought into the Philippines either in foreign exchange or in other assets and registered with the Central Bank (now Bangko Sentral) and the Board of Investments, which shall assess and appraise the assets other than foreign exchange representing the proceeds of the loan. [Sec. 3, RA 5186]. Foreign-owned corporation. Any corporation, partnership, association, or cooperative duly registered in accordance with law in which less than fifty per centum (50%) of the capital is owned by Filipino citizens. [Sec. 3, RA 7942]. Foreign principal. The government of a foreign country or a foreign political party; a foreigner located within or outside the jurisdiction of the Republic of the Philippines; or a partnership, association, corporation, organization or other entity owned or controlled by foreigners. [Sec. 3, BP 39]. Foreign sovereign immunity. A doctrine precluding the institution of an action against the government of a country
without its consent. The principle of absolute sovereign immunity has eventually been replaced by the doctrine of restrictive sovereign immunity. [Tetley, Glossary of Conflict of Laws, 2004]. Forensic medicine. The branch of medicine the object of which is to place medical knowledge at the disposal of the administration of justice, both civil and criminal. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed.]. Foreseeability. reasonable anticipation some harm or injury likely result of an act failure to act. [Intl. Law & Direct., 2004].
The that is a or a Dict.
Foreseeability test. A breaching party is liable only for those damages which he or she foresaw or ought to have foreseen. [Intl. Law Dict. & Direct., 2004]. Foreshore land. 1. A string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm. [Sec. 4, RA 8550]. 2. The strip of land that lies between the high and low
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
449 water marks and that is alternatively wet and dry according to the flow of the tide. [Rep. v. Alagad, GR 66807. Jan. 26, 1989]. Forest. Vast tracts of wooded land with dense growths of trees and underbush. It is descriptive of what appears on the land but is not a legal status nor a classification for legal purposes. [Rep. v. CA, GR L-56948. Sep. 30, 1987]. Compare with Timber land. Forest charge. A tax not on the minerals, but upon the privilege of severing or extracting the same from the earth. [Comm. of Int. Rev. v. Guerrero, GR L19074. Feb. 31, 1967]. Forest land. Lands of the public domain which have not been declared as alienable or disposable, public forests, permanent forests or forest reserves, forest reservations, timberlands, grazing lands, game refuge, and bird sanctuaries. [Sec. 4, RA 7900]. Also Timber land. Forest product. This includes timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical,
recreational and geologic resources in forest lands. [Sec. 68, PD 705]. Forest reservations. Forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. [Sec. 3, PD 705]. Forest reserves. Permanent forest.
See
Forestry Code. See Revised Forestry Code of the Philippines. Forestry profession, practice of. The scientific conservation and management of forests for the continuous and judicious utilization of forests products; including services in the form of forestry consultation, investigation, planning, preparation, and implementation of management plans for forests and national park areas and the determination of the suitability of public forest land for pasture or agricultural land; logging, forest reconnaissance and timber estimate; scaling and grading of logs and lumber; identification of woods and other forestry products; administration, management and supervision of forest plantation and tree farm leases within public forests; protection and conservation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
450 of game and wildlife; preparation and implementation of reforestation and afforestation plans; supervision of any forestry activity requiring the application of forestry principles; and such other activities as related to forest protection, silviculture, and maintenance or restoration of necessary ecological balance. [Sec. 2, RA 6239]. Forfeiture. 1. A divestiture of property without compensation, in consequence of a default or an offense. [Cabal v. Kapunan, GR L-19052. Dec. 29, 1962, citing 23 Am. Jur. 599]. 2. The incurring of a liability to pay a definite sum of money as the consequence of violating the provisions of some statute or refusal to comply with some requirement of law. It may be said to be a penalty imposed for misconduct or breach of duty. [Cabal v. Kapunan, GR L-19052. Dec. 29, 1962, citing Com. v. French, 114 S.W. 255]. 3. A cancellation. A legal action whereby a contract purchaser following default loses all his interest in the property. [Glossary of Legal Terms (Pro-Se), 2004]. Forgery. The false making or altering of a writing with the
intent to defraud. [Intl. Law Dict. & Direct., 2004]. Forgery; how committed. Crim. Law. The felony committed: (a) by giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document; or (b) by erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein. [Art. 169, RPC]. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. Crim. Law. The felony committed by forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes. [Art. 166, RPC]. Forgotten evidence. Evidence already in existence or available before or during trial, which was known to and obtainable by the party offering it and, which could have been presented and offered in a seasonable manner were it
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
451 not for the oversight or forgetfulness of such party or his counsel. [Tumang v. CA, GR 82072. Apr. 17, 1989]. Formal. The term may be taken to mean official, regular, definite, fixed, explicit, positive, proper, solemn, and not necessarily written. [Moreno’s Law Dict., 2000 Ed., p. 184]. Formal act. An instrument acknowledged before a notary public. [Moreno’s Law Dict., 2000 Ed., p. 184]. Formal amendment. Civ. Pro. 1. The summary correction by the court of a defect in the designation of the parties and other clearly clerical or typographical errors at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party. [Sec. 4, Rule 10, RoC]. 2. Amendments held to be merely formal, viz.: (a) new allegations which relate only to the range of the penalty that the court might impose in the event of conviction; (b) an amendment which does not charge another offense different or distinct from that charged in the original one; (c) additional allegations which do not alter the prosecution's theory of the case so as to
cause surprise to the accused and affect the form of defense he has or will assume; and (d) an amendment which does not adversely affect any substantial right of the accused, such as his right to invoke prescription. [Teehankee, Jr. v. Madayag, GR 103102. Mar. 6, 1992]. Compare with Substantial amendment. Formal crimes. Those crimes which are always consummated by a single act like slander. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 33]. Formal education. 1. The systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. At the end of each level, the learner needs a certification in order to enter or advance to the next level. [Sec. 4, RA 9155]. 2. The hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. [Sec. 20, BP 232].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
452 Formal offer. Evid. The formal offer made by the proponent stating the specific purpose for which the evidence is offered, after the termination of the testimonial evidence. [Sec. 34, Rule 132, RoC]. Formal offer of documentary evidence as an exhibit. Evid. Offer done only when the party rests its case and not before. [Interpacific Transit v. Aviles, GR 86062. June 6, 1990]. Compare with Identification of documentary evidence. Forma pauperis. Lat. Character or manner of a pauper. 1. Permission given to a poor person (i.e. indigent) to proceed without liability for court fees or costs. [Black’s Law Dict., Abr. 5th Ed. (1983), 398]. Formation, maintenance and prohibition of combination of capital or labor through violence or threats. Crim. Law. The felony committed by any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of
their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of the Rev. Penal Code. [Art. 289, RPC]. Formula feeding. The feeding of a newborn with infant formula usually by bottle-feeding. It is also called artificial feeding. [Sec. 3, RA 7600]. Fortificant. A substance, in chemical or natural form, added to food to increase its nutrient value. [Sec. 3, RA 8976]. Fortification. The addition of nutrients to processed foods or food products at levels above the natural state. As an approach to control micronutrient deficiency, food fortification is addition of a micronutrient, deficiency in the diet, to a food which is widely consumed by a specific atrisk groups. [Sec. 3, RA 8976]. Fortuitous event. Any event which could not be foreseen, or which, though foreseen, were inevitable. [Art. 1174, CC]. Fortuitous event. Characteristics: (a) The cause of the unforeseen and unexpected occurrence, or the failure of the debtor to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
453 comply with his obligations, must be independent of the human will; (b) it must be impossible to foresee the event which constitutes the caso fortuito, or if it can be foreseen, it must be impossible to avoid; (c) the occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and, (d) the obligor must be free from any participation in the aggravation of the injury resulting to the creditor. Based on the foregoing, in order that a fortuitous event may exempt a person from liability, it is necessary that he be free from negligence. [Metal Forming Corp. v. Office of the Pres., GR L111386. Aug. 28, 1995]. Forum. Lat. The public market or paved court of a Roman city where judicial and public business was transacted. (a) The place where a legal decision is made. (b) The court or locale wherein causes are judicially tried. [Intl. Law Dict. & Direct., 2004]. Forum conveniens. Lat. Appropriate or convenient court. The principle whereby a court which would not normally have jurisdiction over a claim nevertheless accepts jurisdiction, because there is no other appropriate
jurisdiction to hear the claim, in order to ensure that justice is done. [Tetley, Glossary of Conflict of Laws, 2004]. Forum non conveniens. Lat. Inappropriate or inconvenient court. The principle whereby a court which has jurisdiction over a claim, nevertheless stays conditionally or, dismisses conditionally or unconditionally the suit, in order that the claim may be tried in another jurisdiction to which the defendant is amenable and which the court believes is more appropriate or convenient for the litigation, including the interests of justice. [Tetley, Glossary of Conflict of Laws, 2004]. Forum organization. An intergovernmental organization that serves primarily as a meeting place for discussions, negotiations, adjudications, and related activities. [Intl. Law Dict. & Direct., 2004]. Forum selection clause. A provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract. [Intl. Law Dict. & Direct., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
454 Forum shopping. Civ. Pro. 1. The act of a party against whom an adverse judgment has been rendered in one forum, of seeking another (and possibly favorable) opinion in another forum other than by appeal or the special civil action of certiorari, or the institution of two (2) or more actions or proceedings grounded on the same cause on the supposition that one or the other court might look with favor upon the party. [Ortigas & Company Ltd. Partnership v. Velasco, 234 SCRA 455, 500 (1994)]. 2. This occurs whenever, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another. [Villanueva v. Adre, 172 SCRA 876, 882 (1989)]. 3. It originated as a concept in private international law, where non-resident litigants are given the option to choose the forum or place wherein to bring their suit for various reasons or excuses, including to secure procedural advantages, to annoy and harass the defendant, to avoid overcrowded dockets, or to select a more friendly venue. To combat these less than honorable excuses, the principle of forum non conveniens was developed whereby a court, in conflicts of law cases, may refuse
impositions on its jurisdiction where it is not the most convenient or available forum and the parties are not precluded from seeking remedies elsewhere. [First Phil. Intl. Bank v. CA, GR 115849. Jan. 24, 1996, citing Salonga, Private Intl. Law, 1995 ed., p. 56 et seq.]. Forwarder. One who, by the nature of his business, accepts the placement or delivery of whatever goods, involving no more than a mere physical transfer of the items from the seller. When such items are to be shipped overseas, the delivery of the goods to it is a mere preparatory step for their eventual shipment. [Moreno’s Law Dict., 2000 Ed., p. 186]. Forward shifting. Tax Law. The transfer of the burden of the tax from a factor of production through the factors of distribution until it finally settles on the ultimate purchaser or consumer. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 55]. Foul bill of lading. A bill which contains a notation therein that the goods covered by it are in bad condition. [Moreno’s Law Dict., 2000 Ed., p. 186]. Foundations. Combinations of capital, independent of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
455 individuals, and organized principally for charitable, medical, or educational purposes (non-profit purpose). [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 442]. Founders' shares. Corp. Law. Shares classified as such in the articles of incorporation which may be given certain rights and privileges not enjoyed by the owners of other stocks, provided that where the exclusive right to vote and be voted for in the election of directors is granted, it must be for a limited period not to exceed five (5) years subject to the approval of the SEC. [Sec. 7, Corp. Code]. Fountain. A kind of sparkler conical in shape which is lighted on the ground and designed to provide various rising colors and intermittent lights upon being ignited. [Sec. 2, RA 7183]. Fourchette. Legal Med. A small fold of membrane connecting the labia minora on the posterior part of the vulva (external) part of the female genital organ or the V-shaped appearance formed by the union of the two labia posterity. [Moreno’s Law Dict., 2000 Ed., p. 186].
Four-factor balancing test. 1. The test to determine whether an accused has been denied the constitutional right to speedy disposition of his case, i.e., (a) length of the delay; (b) reason for the delay; (c) assertion of the right or failure to assert it; and (d) prejudice caused by the delay. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 50, citing People v. Lacson, GR 149453, Apr. 1, 2003]. Also known as Balancing test. FPA clause. Free from particular average clause. [Claridades, A., Compilation of Notes, 2001-2006]. Franchise. 1. A right or privilege, affected with public interest which is conferred upon private persons or corporations, under such terms and conditions as the government and its political subdivisions may impose in the interest of public welfare, security, and safety. [Sec. 131, RA 7160]. 2. Any special privilege or right conferred by the State on corporations or persons and which does not belong to the citizens of the country generally as a matter of common right. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 85]. 3. Special license that
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
456 requires the franchisee to work the licensed property under the supervision and control of the franchisor. [Intl. Law Dict. & Direct., 2004]. Franchise area. A geographical area exclusively assigned or granted to a distribution utility for distribution of electricity. [Sec. 4, RA 9136]. Frangible disc. In the gas bottling trade, a piece of steel disc between the valves and the plugs screwed thereto, of a cylinder containing liquid carbon dioxide, which acts as a safety device the function of which is to burst when excessive pressure is built within the cylinder to prevent the pressure vessel from exploding and disintegrating. [Moreno’s Law Dict., 2000 Ed., p. 187]. Fraud. 1. The insidious words or machinations of one of the contracting parties, by which the other is induced to enter into a contract which, without them, he would not have agreed to. [Art. 1338, CC]. 2. The voluntary execution of a wrongful act, or a willful omission, knowing and intending the effects which naturally and necessarily arise from such act or omission. [Legaspi Oil v. CA, GR 96505. July 1,
1993]. 3. Anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious advantage is taken of another. [CIR v. CA. 257 SCRA 200 (1996)]. Fraud by concealment. Fraud committed through failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations. [Art. 1339, CC]. Fraud in factum. Sometimes known as Fraud in esse contractus. That fraud which destroys the contract itself. [Diaz, Bus. Law Rev., 1991 Ed., p. 325]. Fraud orders. The instruction issued by the Director of Posts -- upon satisfactory evidence that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any scheme, device, or enterprise for obtaining money or property of any kind through the mails by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
457 means of false or fraudulent pretenses, representations, or promises -- to any postmaster or other officer or employee of the Bureau (of Posts) to return to the person, depositing same in the mails, with the word 'fraudulent' plainly written or stamped upon the outside cover thereof, any mail matter of whatever class mailed by or addressed to such person or company or the representative or agent of such person or company. [Sec. 1982, Rev. Admin. Code]. Frauds against the public treasury and similar offenses. Crim. Law. The felony committed by any public officer who: 1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government; 2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the following acts or omissions: (a) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by
law. (b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially. (c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different from that provided by law. [Art. 213, RPC]. Fraudulent acts. See False pretenses. Fraudulent conveyance. A transaction by means of which the owner of real or personal property has sought to place the land or goods beyond the reach of his creditors, or which operates to the prejudice of their legal or equitable rights. [Moreno’s Law Dict., 2000 Ed., p. 189]. Fraudulent designation of origin, and false description. Crim. Law. The felony committed by any person who by means of false or fraudulent representation or declarations orally or in writing or by other fraudulent means shall procure from the patent office or from any other office which may hereafter be established by law for the purposes the registration of a trade-name, trade-mark or service mark or of himself as the owner of such trade-
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
458 name, trade-mark or service mark or an entry respecting a trade-name, trade-mark or service mark. [Art. 189, RPC]. Fraudulent insolvency. Crim. Law. The felony committed by any person who shall abscond with his property to the prejudice of his creditors, whether or not he be a merchant. [Art. 314, RPC]. Fraudulent registration of trademark, trade name or service mark. Crim. Law. The felony committed by any person who shall affix, apply, annex or use in connection with any goods or services or any container or containers for goods a false designation of origin or any false description or representation and shall sell such goods or services. [Art. 189, RPC]. Fraudulent return. Taxation. 1. The term implies intentional or deceitful entry with intent to evade the taxes due. [Aznar v. CA, GR L-20569. Aug. 23, 1974]. 2. It is always an attempt to evade a tax. [Comm. of Int. Rev. v. Javier, GR 78953. July 31, 1991]. Compare with False return. Fraud vitiating consent for purposes of annulling a contract. Elements: (a) It was employed by a
contracting party upon the other, (b) It induced the other party to enter into the contract; (c) It was serious; and, (d) It resulted in damages and injury to the party seeking annulment. [Alcasid v. CA, GR 104751, Oct. 7, 1994. 237 SCRA 419]. Fraus est odiosa et non praesumenda. Lat. Fraud is never presumed. It must be alleged and proven. [Cuizon v. CA, GR 102096. Aug. 22, 1996]. Fraus et jus nunquam cohabitant. Lat. Law and justice always abhor fraud. Fraud and justice never dwell or exist side by side. [Dir. of Lands v. CA, GR L45168. Jan. 27, 1981 ]. Free. When used in a trade term, it means that the seller has an obligation to deliver goods to a named place for transfer to a carrier. [Intl. Law Dict. & Direct., 2004]. Free alongside ship (FAS). A provision in a contract of sale which requires the seller to deliver the merchandise at a designated place for loading aboard ship. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Free and prior informed consent. The consensus of all members of the Indigenous Cultural
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
459 Communities/ Indigenous Peoples (ICCs/IPs) to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community. [Sec. 4, RA 8371]. Free areas. All lands within the territorial limits of the Philippines including those submerged beneath seas, bays, lakes, rivers, lagoons, or the territorial waters, or on the continental shelf, or its analogue in an archipelago, but which are not within the national reserve areas, or petroleum reservations, or covered by valid and existing exploration or exploitation concession, or petroleum drilling leases. [Art. 14, RA 387].
Freedom constitution. The provisional Philippine Constitution promulgated under Proclamation No. 3 signed by former President Corazon C. Aquino on Mar. 25, 1986. Freedom of disposition. The liberty to dispose of one's estate by will when there are no forced heirs (which) is rendered sacred by the Civil Code in force in the Philippines since 1889. It is so provided in the first paragraph of Art. 763 (now Art. 842). [Pecson v. Coronel, 45 Phil. 216]. Freedom of navigation. The right to sail ships on the high seas, subject only to international law and the laws of the flag state. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1041].
Free city. An entire port city which has been opened to international trade. [Intl. Law Dict. & Direct., 2004].
Freedom of speech. In the words of John Milton, (it) is the "liberty to know, to utter, and to argue freely according to conscience above all liberties.” [Garcia v. Faculty Admission Committee, GR L-40779. Nov. 28, 1975].
Freedom. The state of being free; liberty; selfdetermination; absence of restraint; the opposite of slavery. [Black’s Law Dict., Abr. 5th Ed. (1983), 338].
Freedom of the high seas. The right of all states to freely use the high seas for navigation, overflight, fishing, the laying of submarine cables and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
460 pipelines, constructing artificial islands and installations, and carrying on scientific research. [Intl. Law Dict. & Direct., 2004]. Freedom of the Seas. The principle in international law that no part of the sea can be subjected the sovereignty of any State. It cannot therefore be incorporated into the territory of any State through occupation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1040]. Freedom period. See Sixty (60) day freedom period. Freedom to act on one's beliefs. The aspect of the right to religious profession and worship where the individual externalizes his beliefs in acts or omissions that affect the public, and his freedom to do so becomes subject to the authority of the State. As great as this liberty may be, religious freedom, like all the other rights guaranteed in the Constitution, can be enjoyed only with a proper regard for the rights of others. It is error to think that the mere invocation of religious freedom will stalemate the State and render it impotent in protecting the general welfare. The inherent police power can be exercised to prevent religious practices
inimical to society. And this is true even if such practices are pursued out of sincere religious conviction and not merely for the purpose of evading the reasonable requirements or prohibitions of the law. [Cruz, Constl. Law, 1998 Ed., p. 182]. Compare with Freedom to believe. Freedom to believe. The aspect of the right to religious profession and worship where the individual is free to believe (or disbelieve) as he pleases concerning the hereafter. He may indulge his own theories about life and death; worship any god he chooses, or none at all; embrace or reject any religion; acknowledge the divinity of God or of any being that appeals to his reverence; recognize or deny the immortality of his soul — in fact, cherish any religious conviction as he and he alone sees fit. However absurd his beliefs may be to others, even if they be hostile and heretical to the majority, he has full freedom to believe as he pleases. He may not be required to prove his beliefs. He may not be punished for his inability to do so. Religion, after all, is a matter of faith. 'Men may believe what they cannot prove.' Every one has a right to his beliefs and he may not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
461 be called to account because he cannot prove what he believes. [Cruz, Constl. Law, 1998 Ed., p. 182]. Compare with Freedom to act on one's beliefs. Freedom to contract. See Autonomy in contracts. Free exercise clause. Const. Law. A provision in the 1897 Phil. Constitution that “the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.” [Sec. 5, Art. III, 1987 Const.]. Free from particular average (FPA) clause. A clause agreed upon in a policy of marine insurance in which it is provided that a marine insurer shall not be liable for any particular average loss not depriving the insured of the possession, at the port of destination, of the whole of such thing, or class of things, even though it becomes entirely worthless; but such insurer is liable for his proportion of all general average loss assessed upon the thing insured. [Sec. 136, IC]. Freehold. A special right granting the full use of real estate for an indeterminate time. It differs from leasehold, which allows
possession for a limited time. There are varieties of freehold such as fee simple and fee tail. [Duhaime's Legal Dict., 2004]. Freeholder. A person who owns freehold property rights (i.e. in a piece of real estate; either land or a building). [Duhaime's Legal Dict., 2004]. Free market. Domestic and foreign open market. [Sec. 1, RA 6364]. Free on board (FOB). 1. This means that the goods are to be delivered free of expense to the buyer to the point of either shipment or destination. [Diaz, Bus. Law Rev., 1991 Ed., p. 124]. 2. A provision in a contract of sale which requires the seller to deliver the merchandise at a designated place, usually to a common carrier. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Free patent. Title of ownership to a portion of public land, applied for and approved by the government. [Moreno’s Law Dict., 2000 Ed., p. 189]. Free portion. The remainder of the estate, after deducting the legitime, which may be freely disposed of by the testator as may be desired to any
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
462 person with capacity to succeed. [Moreno’s Law Dict., 2000 Ed., p. 189]. Free property of the insolvent. Property of the insolvent not impressed with liens by operation of Arts. 2241 and 2242 of the Civil Code. [Rep. v. Peralta, GR L56568. May 20, 1987]. Free Public Secondary Education Act of 1988. RA 6655 entitled “An Act establishing and providing for a free public secondary education and for other purposes” enacted on May 26, 1988. Free retail zones. Areas within international airports and harbors where travelers can buy goods free of local sales and excise taxes. [Intl. Law Dict. & Direct., 2004]. Free trade area. A group of states that have reduced or eliminated trade barriers between themselves, but who maintain their own individual tariffs as to other states. [Intl. Law Dict. & Direct., 2004]. Free trade association. A group of states that have eliminated trade barriers between themselves. [Intl. Law Dict. & Direct., 2004]. Free trade zone. isolated policed
1.
An area
adjacent to a port of entry (as a seaport) and/or airport where imported goods may be unloaded for immediate transshipment or stored, repacked, sorted, mixed, or otherwise manipulated without being subject to import duties. However, movement of these imported goods from the free-trade area to a non-free-trade area in the country shall be subject to import duties. [Sec. 4, RA 7916]. 2. A free zone located within or near a port city. [Intl. Law Dict. & Direct., 2004]. Freeze order. An order which prohibits the person having possession or control of property alleged to constitute "ill-gotten wealth" "from transferring, conveying, encumbering or otherwise depleting or concealing such property, or from assisting or taking part in its transfer, encumbrance, concealment, or dissipation. It commands the possessor to hold the property and conserve it subject to the orders and disposition of the authority decreeing such freezing. In this sense, it is akin to a garnishment by which the possessor or ostensible owner of property is enjoined not to deliver, transfer, or otherwise dispose of any effects or credits in his possession or control, and thus becomes in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
463 a sense an involuntary depositary thereof. [Bataan Shipyard Eng’g. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Free zone. Geographical area wherein goods may be imported and exported free from customs tariffs and in which a variety of traderelated activities may be carried on. [Intl. Law Dict. & Direct., 2004]. Freight collect. That freightage incurred in transporting the goods from the point of origin to the port of destination (which) is for consignee’s account. [Moreno’s Law Dict., 2000 Ed., p. 190]. Freight forwarder. A firm that makes or assists in the making of shipping arrangements. [Intl. Law Dict. & Direct., 2004]. French rule. The rule that crimes committed aboard foreign merchant vessels cannot be tried in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with English rule. Fresh agricultural and fishery products.
Agricultural and fisheries products newly taken or captured directly from its natural state or habitat, or those newly harvested or gathered from agricultural areas or bodies of water used for aquaculture. [Sec. 4, RA 8435]. Freshwater. Water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in groundwater, rivers, ponds and lakes. [Sec 4, RA 9275]. Friar Lands Act. Act 1120, as amended. Fringe benefit. Any good, service or other benefit furnished or granted in cash or in kind by an employer to an individual employee (except rank and file employees) such as, but not limited to, the following: (a) housing; (b) expense account; (c) vehicle of any kind; (d) household personnel, such as maid, driver and others; (e) interest on loan at less than market rate to the extent of the difference between the market rate and actual rate granted; (f) membership fees, dues and other expenses borne by the employer for the employee in social and athletic clubs or other similar organizations; (g) expenses for foreign
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
464 travel; (h) holiday and vacation expenses; (i) educational assistance to the employee or his dependents; and (j) life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows. [Sec. 33, NIRC, as amended]. Frivolity, places of. Places of hilarity marked by or providing boisterous merriment or recreation. [Sec. 3, RA 8491]. Frivolous appeal. An appeal presenting no justiciable question, or one so readily recognizable as devoid of merit on the face of record that there is little, if any, prospect that it can ever succeed. One which is evidently without merit, taken manifestly for delay. [Dela Cruz v. Blanco, GR 48790. June 8, 1942]. Frontage. That part or end of a lot which abuts a street. [Sec. 3, BP 220]. Front seat passengers. Persons on board a public utility vehicle seated at the right side beside the driver for public utility jeepneys (PUJs) and to passengers seated at the right side beside the driver and those at the first row immediately behind the driver in the case of public utility buses (PUBs)
and to passengers seated on the right side beside the driver for private motor vehicles. [Sec. 3, RA 8750]. Fruits of the poisonous tree. Also Uncounselled admission. 1. An admission or confession obtained in violation of one's constitutional rights the admission of which in court is outlawed. [People v. Opida, GR L-46272. June 13, 1986]. 2. According to this rule, once the primary source (the "tree") is shown to have been unlawfully obtained, any secondary or derivative evidence (the "fruit") derived from it is also inadmissible. [People v. Alicando, GR 117487. Dec. 12, 1995, citing Silverthorne v. US, 251 US 385, 40 S. Ct. 182, 64 L. Ed. 319 (1920)]. 3. The rule is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence because the originally illegally obtained evidence taints all evidence subsequently obtained. [People v. Alicando, GR 117487. Dec. 12, 1995, citing Del Carmen, Crim. Proc., Law and rd Practice, 3 Ed., pp. 64-65]. Frustrated felony. A felony where the offender performs all the acts of execution which would produce the felony as a consequence but
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
465 which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. [Art. 6, RPC]. Fugitive. One who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a "fugitive" although, in that context, it does not necessarily mean that the suspect was trying to hide in the country from which extradition is being sought. [LawInfo Legal Dictionary (2005)]. Fugitive from justice. 1. The term refers not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution. [Marquez v. Comelec, GR 112889. Apr. 18, 1995]. 2. One who, having committed or being accused of having committed a crime in one jurisdiction, cannot be found therein. [Rodriguez v. Comelec, GR 120099. July 24, 1996, citing Black's Law Dict.]. Full. Entire, complete, or possessing all particulars, or not wanting in any essential quality. [Black's Law Dict, 5th Ed., 604-605, Webster's 3rd New Intl. Dict., 1986, 919].
Full backwages. Without deducting from backwages the earnings derived elsewhere by the concerned employee during the period of his illegal dismissal. [Bustamante v. NLRC, GR 111651. Nov. 28, 1996]. Full blood relationship. That existing between persons who have the same father and the same mother. [Art. 967, CC]. Full name. A person’s Christian or given name and his surname or family name. [Moreno’s Law Dict., 2000 Ed., p. 191]. Full payout lease. Finance lease.
See
Full powers or pleins pouvoirs. Intl. Law. Credentials which the representatives of the contracting parties are provided with to undertake the discussion of the provisions of a proposed treaty. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 96]. Full-term baby. An infant which weighs more than 2,275 grams even if it is born before the thirtyseventh week which is less than 9.3 months. [People v. Malapo, GR 123115. Aug. 25, 1998].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
466 Full-time teacher. One whose total working day is devoted to the school, has no other regular remunerative employment and is paid on a regular monthly basis regardless of the number of teaching hours. [UST v. NLRC, GR 85519. Feb. 15, 1990]. Fully developed fishpond. Fully developed fishpond. A clean, leveled area enclosed with dikes at least one foot higher than the highest flood water level in the locality and strong enough to resist water pressure at the highest flood tide, and consisting at least of a nursery pond, a transition pond, a rearing pond, or a combination of any or all of said classes of ponds, and water control system. [Sec. 3, PD 704; Sec. 3, PD 43]. Fully-developed fishpond area. A clean leveled area enclosed by dikes, at least one foot higher than the highest floodwater level in the locality and strong enough to resist pressure at the highest flood tide; consists of at least a nursery pond, a transition pond, a rearing pond or a combination of any or all said classes of ponds, and a functional water control system and producing in a commercial scale. [Sec. 4, RA 8550; ].
Fulminate. A kind of stable explosive compound which explodes by percussion. [Sec. 3, PD 1185]. Functus officio. Lat. An officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created. [Duhaime's Legal Dict., 2004]. Fund. A sum of money or other resources set aside for the purpose of carrying out specific activities or attaining certain objectives in accordance with special requisitions, restrictions, or limitations, and constitutes an independent fiscal and accounting entity. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Fundamental breach. A failure to perform that substantially deprives the other party of that which he was entitled to expect. [Intl. Law Dict. & Direct., 2004]. Funeral establishment. Any place used in the preparation and care of the body of a deceased person for burial. [Sec. 89, PD 856]. Funeral expenses. The money expended in procuring the interment, cremation, or other
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
467 disposition of a corpse, including suitable monument, perpetual care of burial lot and entertainment of those participating in the wake. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), pp. 316-317, citing Black’s Law Dict., p. 344]. Fungible goods. 1. Generally the things whose individuality can be determined by counting, weighing, or measuring. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 28, citing 1 Ruggiero 489]. 2. Goods which are comprised of many identical parts and which can be easily replaced by other, identical goods. If the goods are sold by weight or number, this is a good sign that they are fungible. 3. Goods of which any unit is, from its nature by mercantile custom, treated as the equivalent of any other unit. [Sec. 58, Act 2137]. Fungibles. Goods which are comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, and which can be easily replaced by other, identical goods. If the goods are sold by weight or number, this is a good sign that they are fungible. [LawInfo Legal Dictionary (2005)].
Furiosi nulla voluntas est. A Latin expression that mentally impaired persons cannot validly sign a will. [LawInfo Legal Dictionary (2005)]. Furnishings. The act or process of supplying furniture or equipment; an article or accessory of dress; an object of fixture that tends to increase comfort or utility. [Ozaeta v. CA, GR 95226. Nov. 18, 1993, citing Webster's 3rd New Intl. Dict.]. Further training. That part of vocational training which follows basic training, usually within the framework of a training program or scheme, for recognized qualifications. [Sec. 1, Rule 1, Book 2, IRR of LC]. Future debts. Debts the amount of which is not yet known and until the debt is liquidated, there can be no claim against the guarantor. [Art. 2053, CC]. Future inheritance. Any property or right not in existence or capable of determination at the time of the contract, that a person may in the future acquire by succession. [Blas v. Santos, GR L-14070. Mar. 29, 1961]. Future person. One who is to be born. It may be a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
468 natural or juridical person. [Moreno’s Law Dict., 2000 Ed., p. 192]. Future property. 1. Anything which the donor cannot dispose of at the time of the donation. [Art. 751, CC]. 2. It includes all property that belongs to others at the time the donation is made, although it may or may not later belong to the donor. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 561]. Futures. The term has grown out of those purely speculative transactions in which there are nominal contracts to sell for future delivery, but where in fact no delivery is intended or executed. The nominal seller does not have or expect to have a stock of merchandise he purports to sell nor does the nominal buyer expect to receive it or to pay for the price. Instead of that, a percentage or margin is paid, which is increased or diminished as the market rates go up and down, and accounted for to the buyer. This is simple speculation, gambling or wagering on prices within a given time; it is not buying and selling and is illegal as against public policy. [Onapal Phils. Commodities, Inc. v. CA, GR 90707. Feb. 1, 1993, citing King v. Quidwicks, 14 R. Is.
131, 138; Anderson v. State, 58 S.E. 401 (1907); Henry Hentz & Co. v. Booz, 70 S.E. 108 (1911)]. Futures commission merchant or broker. A corporation or partnership engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market and that, in connection with such solicitation or acceptance of orders, accepts any money, securities or property (or extends credit in lieu thereof) to margin, guarantee or secure any trade or contract that results or may result therefrom. [Onapal Phils. Commodities, Inc. v. CA, GR 90707. Feb. 1, 1993].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
469
-GGaffer. Also Taga-tari. Tag. A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs. [Sec. 4, PD 449]. Gahasa. Tag. The word does not refer to force in general but only to force or violence when applied to a woman for the purpose of satisfying the lust of the actor. [Campita v. Villanueva, GR L-20228. Nov. 28, 1964]. Gainful employment. Employment that gives one an income such that there is an appreciable margin of his income over his expenses as to be able to provide for an adequate support in the event of unemployment, sickness, or disability to work and thus avoid one's becoming the object of charity or a public charge. [In re: Lim Biak Chao v. Rep., GR L-28541, Jan. 14, 1974]. Gambling. Crim. Law. 1. The felony committed by: (a) any person who, in any manner shall directly, or indirectly take part in any game of monte, jueteng or any other form of lottery, policy,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
470 banking, or percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value; (b) any person who shall knowingly permit any form of gambling referred to in the preceding number to be carried on in any uninhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him; (c) the maintainer, conductor, or banker in a game of jueteng or any similar game; or (d) any person who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place. [Art. 195, RPC]. 2. Play by certain rules at cards, dice, or other contrivance, so that one shall be the loser and the
12, 1918, citing 20 Cyc., 878]. Game-fixing. Any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants. [Sec. 1, PD 483]. Game-machinations. Any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sport contest. [Sec. 1, PD 483]. Game of chance. That game which depends more on chance or hazard than or skill or ability. [Art. 2013, CC]. Game refuge or bird sanctuary. A forest land designated for the protection of game animals, birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas. [Sec. 3, PD 705]. Gana. Tag. With the stress on the first syllable, earning or wage or salary. [Moreno’s Law Dict., 2000 Ed., p. 193].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
471 Garnishment. 1. The process of notifying a third person called the garnishee to retain and attach the property he has in his possession or under his control belonging to the judgment debtor, to make disclosure to the court concerning the same, and to dispose of the same as the court shall direct to satisfy the judgment. [Bench Book for Trial Court Judges, p. 259, citing Sec. 9, Rule 39, RoC]. 2. A species of attachment for reaching any property or credits pertaining or payable to a judgment debtor. In legal contemplation, it is a forced novation by the substitution of creditors; the judgment debtor, who is the original creditor of the garnishee is, through service of the writ of garnishment, substituted by the judgment creditor who thereby becomes creditor of the garnishee. Garnishment has also been described as a warning to a person having in his possession property or credits of the judgment debtor, not to pay the money or deliver the property to the latter, but rather to appear and answer the plaintiff's suit. [Perla Compania De Seguros v. Ramolete, GR L-60887. Nov. 13, 1991]. Compare with Levy.
Garnishment, writ of. See Writ of garnishment. Gasera. Tag. Kerosene lamp. [People v. Indaya, GR 90296. Apr. 25, 1991]. Gastric ulcer. See Stomach ulcer. Gastro-duodenitis. A disease involving both the stomach and the duodenum; that the head of the pancreas is cradled next to the duodenum just past the stomach and a tumor mass in this organ may be detected by seeing its pressure effect on the abdomen; that radiologic procedure may show the encroachment of the pancreatic lesion on other organs; and changes in the configuration of the abdominal loop of the stomach rarely appear early but are merely signs of advanced disease. [Sealanes Marine Services, Inc. v. NLRC, GR 84812. Oct. 5, 1990]. Gavel. A wooden mallet used by a judge to bring proceedings to a start or to an end or to command attention in his court. [Duhaime's Legal Dict., 2004]. Gear license. See Fishing boat.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
472 Gemstone gathering permit. The non-exclusive permit granted by the provincial governor to any qualified person to gather loose stones useful as gemstones in rivers and other locations. [Sec. 52, RA 7942]. GenCos. Privatized generating companies (generators) in the electric power business. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Gender sensitivity. Cognizance of the inequalities and inequalities prevalent in society between women and men and a commitment to address issues with concern for the respective interest of the sexes. [Sec. 2, IRR, RA 8042]. General acceptance. Nego. Inst. An acceptance to pay at a particular place, unless it expressly states that the bill is to be paid there only and not elsewhere. [Sec. 140, NIL]. Compare with Qualified acceptance. General act. Intl. Law. The document containing a summary of the proceedings of a conference, which assumes the character of a treaty by declaring that the treaties and conventions which are annexed to it have
the same force as if textually included. and Santiago, Intl. Ed. (1998), p. 493]. or Final act.
they are [Coquia Law, 3rd See Act
General agency. An agency that comprises all the business of the principal. [Art. 1876, CC]. Compare with Special agency. General Agreement on Tariffs and Trade (GATT). A multilateral international treaty first created in 1947 and frequently amended (most recently in 1994) to which 125 countries subscribe. GATT provides for fair trade rules and the gradual reduction of tariffs, duties and other trade barriers. The 1994 amendment created a World Trade Organization, which oversees the implementation of the GATT. [Duhaime's Legal Dict., 2004]. General appropriations bill. A bill (filed) on the basis of a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures submitted to the Congress by the President within thirty days from the opening of the regular session. [Sec. 22, Art. VII, 1987 Const.]. Compare with Special appropriations bill.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
473 General Assembly. 1. The principal deliberative body of the United Nations. [Intl. Law Dict. & Direct., 2004]. 2. The central organ of the United Nations and is vested with jurisdiction over matters concerning its internal machinery and operations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 24]. General average. Mar. Ins. 1. A contribution by the several interests engaged in the maritime venture to make good the loss of one of them for the voluntary sacrifice of a part of the ship or cargo to save the residue of the property and the lives of those on board, or for extraordinary expenses necessarily incurred for the common benefit and safety of all. [Amer. Home Assurance v. CA, GR 94149. May 5, 1992, citing Black's Law Dict., Rev. 4th Ed., p. 172]. 2. A contribution by those jointly involved in a maritime venture to make good the loss by one of them for his voluntary sacrifice of a part of the ship or cargo to save the residue of the property and the lives on board, or for the extraordinary expenses necessarily incurred for the benefit and safety of all. [Intl. Law Dict. & Direct., 2004]. Compare with Particular average.
General bond. A combination of bidder's bond and a performance bond which may be in cash, certified or cashier's check. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. General Bonded Warehouse Law. Act 3893, as amended by RA 247, which regulates and supervises warehouses which put up a bond. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26]. General building contractor. A person whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof. Such structure includes sewers and sewerage disposal plants and systems, parks, playgrounds and other recreational works, refineries, chemical plants, and similar industrial plants requiring specialized engineering knowledge and skill, powerhouse, power plants and other utility
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
474 plants and installations mines and metallurgical plants, cement and concrete works in connection with the abovementioned fixed works. [Sec. 9, RA 4566]. General counsel. The senior lawyer of a corporation. This is normally a full-time employee of the corporation although some corporations contract this position out to a lawyer with a private firm. [LawInfo Legal Dictionary (2005)]. General crossed check. A check on which are placed two parallel lines diagonally on the left top portion of the check and between such lines are written the words "and Co." or none at all as in the case at bar, in which case the drawee should not encash the same but merely accept the same for deposit. [State Investment House v. IAC, GR 72764. July 13, 1989]. Compare with Special crossed check. General crossing. Crossing of the check where the words written between the two parallel lines are "and Co." or "for payee's account only," as in the case at bar. This means that the drawee bank should not encash the check but merely accept it for deposit. [Associated Bank v. CA, GR 89802. May 7,
1992]. Compare Special crossing.
with
General denial. One which puts in issue all the material averments of the complaint or petition, and permits the defendants to prove any and all facts which tend to negative those averments or some one or all of them. [Loyola v. HRET, GR 109026. Jan. 4, 1994, citing Maulin v. Ball, 1 P. 409, 411, 5 Mont. 96, cited in Words and Phrases, "General Denial."]. General elections. The regular local and national elections. [Moreno’s Law Dict., 2000 Ed., p. 195]. General engineering contractor. A person whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams, hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
475 other system for the transmission of petroleum and other liquid or gaseous substances, land leveling and earth moving projects, excavating, grading, trenching, paving and surfacing work. [Sec. 9, RA 4566]. General fee. A fee paid to a lawyer to insure and secure his future services for a particular case or work, and to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party. [Moreno’s Law Dict., 2000 Ed., p. 195]. Generalia specialibus non derogant. Lat. Special provisions prevail over the general provisions. [Black on Interpretation of Laws, 2nd Ed., pp. 328-329]. A special law is not regarded as having been amended or repealed by a general law unless the intent to repeal or alter is manifest. [Manila Railroad Co. v. Rafferty, 40 Phil 224 (1919)]. Generalia verba sunt generaliter intelligenda. Lat. It should be understood to have a general and inclusive scope, inasmuch as the term is a general one. [Diaz v. IAC, GR 66574. Feb. 21, 1990].
Generalibus specialia derogant. Lat. General terms do not restrict or modify special provisions. [Bernas v. CA, GR 85041. Aug. 5, 1993]. General indorser. A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor. [Tiong v. Ting, GR L-26767. Feb. 22, 1968]. Generality. A characteristic of criminal law where the law is deemed binding upon all persons who reside or sojourn in the Philippines, irrespective of age, sex, color, creed, or personal circumstances. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 2]. General jurisdiction. It refers to courts that have no limit on the types of criminal and civil cases they may hear. [Glossary of Legal Terms, Pro-Se Handbook, (Internet)]. General objection. An objection that the contested exhibits are inadmissible for having been admitted when the purpose for which they are being offered are not stated. [Moreno’s Law Dict., 2000 Ed., p. 195]. General partner. A partner who is liable to the extent of his separate property after
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
476 all the assets of the partnership are exhausted. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Compare with Limited partner. General partnership. A partnership where all the parties are general partners who are liable even to the extent of their individual properties, after the exhaustion of the partnership assets. [Suarez, Intro. to Law, 1995 3rd Ed., p. 119]. Compare with Limited partnership. General practice. Dealing in many or numerous areas of the law. [LawInfo Legal Dictionary (2005)]. General principles of law. Legal doctrine that allows international tribunals to adopt and apply principles common to the various systems of domestic law, so long as they are consistent with the nature of the international community and are not in conflict with the law established by international conventions or international customary law. One of the sources of international law listed in Art. 38 (1) (c) of the Statute of the International Court of Justice. Their use is controversial and they have rarely influenced the decisions of any
international tribunal. [Intl. Law Dict. & Direct., 2004]. General professional partnership. A partnerships formed by persons for the sole purpose of exercising their common profession, no part of the income of which is derived from engaging in any trade or business. [Sec. 131, RA 7160]. General public. The general community or population, and one who offers services or solicits business only from a narrow segment of the general population. [De Guzman v. CA, GR L-47822. Dec. 22, 1988]. General register. The general register of marriages, divorces, revocation of divorces, conversion and such other deeds or instruments kept by the Registrar under the Code of Muslim Personal Laws of the Philippines. [Art. 7, PD 1083]. General repealing provision. A clause which predicates the intended repeal under the condition that a substantial conflict must be found in existing and prior acts. [Mecano v. COA, GR 103982. Dec. 11, 1992]. General retainer. A fee paid to a lawyer to secure
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
477 beforehand his services as general counsel for any ordinary legal problem that may otherwise arise in the ordinary business of the client. [Moreno’s Law Dict., 2000 Ed., p. 195]. General statute. A statute which relates to persons, entities, or things as a class or operates equally or alike upon all of a class, omitting no person, entity, or thing belonging to a class. E.g.: Family Code. [Suarez, Stat. Con., (1993), p. 96]. Compare with Special statute. General viewing. Making motion pictures available to general public for its viewing through convenient film packs or similar materials sold, leased, or lent in commercial outlets, public lending clubs, and similar organizations. [Sec. 10, PD 1986]. General warrant. One of a class of writs long proscribed as unconstitutional and once anathematized as totally subversive of the liberty of the subject. Clearly violative of the constitutional injunction that warrants of arrest should particularly describe the person or persons to be seized, the warrant must, as regards its unidentified subjects, be voided. [Pangandaman v.
Casar, GR L-71782. Apr. 14, 1988]. General welfare clause. 1. Sec. 16 of RA 7160 or the Local Government Code of 1991. 2. A delegation in statutory form of the police power, under which municipal corporations are authorized to enact ordinances to provide for the health and safety, and promote the morality, peace and general welfare of its inhabitants. [Physical Therapy Org. of the Phil. v. Mun. Board of the City of Manila, GR L-10448. Aug. 30, 1957]. Generation company. Any person or entity authorized by the Energy Regulatory Commission (ERC) to operate facilities used in the generation of electricity. [Sec. 4, RA 9136]. Generation of electricity. The production of electricity by a generation company or a co-generation facility pursuant to the provisions of RA 9136. [Sec. 4, RA 9136]. Generic aggravating circumstances. Those which generally apply to all crimes like recidivism. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 111].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
478 Generic drugs. Drugs not covered by patent protection and which are labeled solely by their international nonproprietary or generic name. [Sec. 3, RA 6675]. Generic name. Also Generic terminology. The identification of drugs and medicines by their scientifically and internationally recognized active ingredients or by their official generic name as determined by the Bureau of Food and Drugs (BFAD) of the DOH. [Art. 4, RA 7394; Sec. 3, RA 6675]. Generic or indeterminate thing. A thing which refers only to a class or genus and cannot be identified with particularity. [Diaz, Bus. Law Rev., 1991 Ed., p. 3]. Generics Act of 1988. RA 6675 entitled “An Act to promote, require and ensure the production of an adequate supply, distribution, use and acceptance of drugs and medicines identified by their generic names” enacted on Sep. 13, 1988. Genetic materials. Livestock breed, crop varieties, and fishery species. [Sec. 2, PD 2032]. Genetic testing. Analysis of inherited factors (usually by
blood or tissue test) of mother, child, and alleged father which can help to prove or disprove that a particular man fathered a particular child. [LawInfo Legal Dictionary (2005)]. Genocide. Intl. Law. 1. Any of the following acts, committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; (e) forcibly transferring children of the group to another group. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 116-117]. 2. The intentional annihilation of a national, ethnical, racial, or religious group. [Intl. Law Dict. & Direct., 2004]. Gentlemen’s agreement. Intl. Law. A temporary agreement on the conduct or course of action to be followed and arrived at through an exchange of diplomatic correspondence. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
479 Genuine. Also Authentic. The document speaks the truth; that it is what it purports to be — a faithful statement or record of the truth. Trustworthy or not false. [Lucman v. Dimapuro, GR L-31558. May 29, 1970]. Genuine issue. An issue of fact which calls for the presentation of evidence as distinguished from an issue which is sham, fictitious, contrived, set up in bad faith and patently unsubstantial so as not to constitute a genuine issue for trial. The court can determine this on the basis of the pleadings, admissions, documents, affidavits and/or counter affidavits submitted by the parties to the Court. [Paz v. CA, GR 85332. Jan. 11, 1990]. Genuine link. A state must have a real and bona fide relationship with a person before it may sponsor that person's suit in an international tribunal. [Intl. Law Dict. & Direct., 2004]. Genuineness. The fact that the document is not spurious, counterfeit, or of different import on its face from the one executed by the party, or that the party whose signature it bears has signed it and that at the time it was signed, it was in words and figures exactly as set
out in the pleadings. [Claridades, A., Compilation of Notes, 2001-2006]. See Due execution. Genuineness and due execution. The phrase means nothing more than that the instrument is not spurious, counterfeit, or of different import on its face from the one executed. [Bough v. Cantiveros, GR 13300. Sep. 29, 1919]. Genuine or authentic. Fully trustworthy and in accordance with fact or actuality. [Lucman v. Dimapuro, GR L-31558. May 29, 1970, citing Webster's 7th New Collegiate Dict., p. 59]. Genuine or authentic document. A document that it is fully trustworthy and is in accordance with fact or actuality [Lucman v. Dimapuro, GR L-31558. May 29, 1970, citing Webster's 7th New Collegiate Dict., p. 59.]. Genus nunquam peruit. Lat. Generic things do not perish. [Claridades, A., Compilation of Notes, 2001-2006]. Geodetic engineer. A natural person who has been issued a Certificate of Registration by the Board of Geodetic Engineering and has taken the Oath of Profession of Geodetic Engineers. [Sec. 2, RA 8560].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
480 Geodetic engineering, practice of. A professional and organized act of gathering physical data on the surface of the earth with the use of precision instruments. It is also the scientific and methodical processing of these data and presenting them on graphs, plans, maps, charts or documents. [Sec. 2, RA 8560]. Geological sciences. That group of disciplines in the natural sciences dealing with the earth, its composition, physics, structure and evolution. It shall include, among others, the following disciplines: Geochemistry; Petrology; Mineralogy; Geophysics; Geodynamics; Structural Geology; Tectonics; Geomorphology; Volcanology; Seismology; Stratigraphy, Paleontology; Historical Geology; Economic Geology; and such interdisciplinary subjects as Marine Geology, Hydrogeology, Engineering Geology, Petroleum Geology, Environmental Geology, Mineral Economics, Mining Geology, Geomathematics, Geostatistics, Geobarometry, Geochronology, Nuclear Geology, Geothermometry, Astrogeology, Remote Sensing in Geology and others. [Sec. 2, EO 625 (1980)].
Geology, practice of. A person shall be deemed to be practicing geology or rendering geological service within the meaning of this Act who shall, for a fee, salary or other reward or compensation paid to him or through another person, render or offer to render geological work by means of signs, cards, advertisements or any other way, in the form of consultation, geological investigation involving geologic mapping, paleontology, petrology, mineralogy or other branches of geology. [Sec. 12, 4209]. Geomancy. Divination by lines and figures drawn on the ground. [Moreno’s Law Dict., 2000 Ed., p. 197]. Geothermal energy. Energy derived or derivable from and produced within the earth by natural heat phenomenon: and includes all steam, and water vapor, and every mixture of all or any of them that has been heated by natural underground energy, and every kind of matter derived from a bore and for the time being with or in any such stead, water, water vapor, or mixture. [Sec. 2, RA 5092]. G–EPS. The Electronic
Government Procurement
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
481 System as provided in Sec. 8 of RA 9184. [Sec. 5, RA 9184]. Geriatrics. The branch of medical science devoted to the study of the biological and physical changes and the diseases of old age. [Sec. 2, RA 9257]. Gerontophilia. Legal Med. Sexual desire with older persons. [Olarte, Legal Med., 1st Ed. (2004), p. 114]. Gerrymandering. Pol. Law. The practice of creating a legislative district composed only of towns or localities where a preferred is expected to win, and excluding from said district those towns and municipalities where a preferred candidate is not expected to win. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 313]. Gestation. 1. The period of development of the young in viviparous animals, from the time of fertilization of the ovum until birth. [People v. Pamor, GR 108599. Oct. 7, 1994, citing The SloaneDorland Annotated MedicalLegal Dict., 312 (1987 ed.)]. 2. The length of gestation in humans is thought to average 266 days from conception, or 280 days (nine calendar months) from the first day of the last
menstrual period. [People v. Pamor, GR 108599. Oct. 7, 1994, citing Danforth's Obstetrics and Gynecology, 161 (6th Ed. 1990)]. Gestor. Voluntary manager. [US v. Lim, GR 11841. Mar. 31, 1917]. See Negotiorum gestor. Gift. A thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee. [Sec. 3, RA 6713]. Gift enterprise. It is commonly applied to a sporting artifice under which goods are sold for their market value, but by way of inducement each purchaser is given a chance to win a prize [Caltex (Phils.) INC. v. Palomar, GR L-19650. Sep. 29, 1966, citing 54 CJS, 850; 34 Am. Jur., 654; Black’s Law Dict., 4th Ed. 817]. Gift "propter nuptias." A gift bestowed in 1880, when the Civil Code was not yet in force, is understood to have been made under the provisions of law 9, title 4, of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
482 the fifth Partida, which did not require the form of a public instrument except when the gift exceeded 500 maravedises in gold, to which P200, the value of land donated, nowhere near amounts. [Tiamson v. Tiamson, GR 9692. Oct. 21, 1915]. Gimmick. In contemporary lingo, a ploy, a trick or a racket. [Moreno’s Law Dict., 2000 Ed., p. 197]. Give approval. To confirm, ratify, sanction or consent to some act or thing done by another. [Ramos v. CA, GR 42108. Dec. 29, 1989]. Given name. Also Proper name. That which is given to the individual at birth or at baptism, to distinguish him from other individuals. It may be freely selected by the parents for the child. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996]. Compare with Surname or family name. Giving aid or comfort to the enemy. An act which strengthens or tends to strengthen the enemy of the government in the conduct of war against the government, or an act which weakens or tends to weaken the power of the government or the country to resist or to attack the
enemies of the government or of the country. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 33]. Giving assistance to suicide. Crim. Law. The felony committed by any person who shall assist another to commit suicide or shall lend his assistance to another to the extent of doing the killing himself. [Art. 253, RPC]. Giving away. A disposition other than a sale. It is, therefore, an act short of a sale which involves no consideration. [People v. Lacerna, GR 109250. Sep. 5, 1997]. Glaucoma. A disease characterized by increased tension or pressure within the eye and progressive loss of visual field. Intraocular pressure increases when the patient exerts energy, as in running, reading, climbing stairs, bending over to pick up an object. It also occurs in relation to emotional upsets. [Moreno’s Law Dict., 2000 Ed., p. 198]. Global budget. An approach to the purchase of medical services by which health care provider negotiations concerning the costs of providing a specific package of medical benefits is based solely on a predetermined
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
483 and fixed budget. [Sec. 1, RA 9241]. Global competitiveness. The ability to compete in terms of price, quality and volume of agriculture and fishery products relative to those of other countries. [Sec. 4, RA 8435]. Global mobile personal communications by satellite. A satellite system providing telecommunications services directly to end-users anywhere in the globe from a constellation of satellites. [Sec.3, EO 467, s. 1998]. Global tax model. Imposes uniform (usually progressive) taxes on all types of income. [Intl. Law Dict. & Direct., 2004]. Globe doctrine. Labor. The doctrine enunciated in Globe Machine & Stamping Co. (3 NLRB 294), and applied in Democratic Labor Union v. Cebu Stevedoring Co., (L10321, 28 Feb. 1958), where bargaining units may be formed through separation of new units from existing ones whenever plebiscites had shown the workers' desire to have their own representatives. [Mechanical Department Labor Union sa Phil. Natl. Railways v. CIR, GR L-28223. Aug. 30, 1968].
GOCC. See Governmentowned or controlled corporation. Gold refining. The smelting bars, bullion and treatment of chemical reagents, electro refining, to remove other metal contents leaving gold alone. [Sec. 2, RA 4095]. Good conduct time allowance. The deductions from the period of sentence to which any prisoner in any penal institution of good conduct shall be entitled, viz: (a) during the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; (b) during the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; (c) during the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and (d) during the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. [Art. 97, RPC]. Good faith. 1. In common usage, that state of mind denoting honesty of purpose, freedom from
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
484 intention to defraud, and, generally speaking, means being faithful to one's duty or obligation. It consists of the honest intention to abstain from taking an unconscionable and unscrupulous advantage of another. [Filinvest Credit v. CA, GR 115902. Sep. 27, 1995]. 2. The reasonable belief that the person from whom the possessor received the thing was the owner thereof, and could transmit his ownership. [Art. 1127, CC]. Good moral character. Although the term admits of broad dimensions, it has been defined as including at least common honesty. [Royong v. Oblena, Adm. Case 376, Apr. 30, 1963, 7 SCRA 859; In re Del Rosario, 52 Phil. 399 (1928)]. Good offices. Intl. Law. A method by which a third party attempts to bring the disputing states together in order that they may be able to discuss the issues in contention. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 121]. Good reasons. Special, important, pressing reasons (which) must exist to justify execution pending appeal. [Roxas v. CA, GR L-56960. Jan. 28, 1988].
Goods. 1. All items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of the public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationery, materials for construction, or personal property of any kind, including non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the procuring entity or such services. [Sec. 5, RA 9184]. 2. Chattels and personal property other than: money, things in action, or things so affixed to land as to become a part thereof. [Sec. 3, PD 115]. Good seeds. Seeds that are the progeny of certified seeds so handled as to maintain a minimum acceptable level of genetic purity and identity and which is selected at the farm level. [Sec. 4, RA 7607]. Goodwill. business
1.
An intangible asset which
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
485 includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections. [Duhaime's Legal Dict., 2004]. 2. The advantage or benefit which is acquired by an establishment beyond the mere value of the capital stock, funds or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers on account of its local position, or common celebrity, or reputation for skill, or necessities, or punctuality, or from other accidental circumstances or necessities, or even from ancient partialities or prejudices. [Bachrach v. Esteva, GR 44510. Dec. 24, 1938]. See also Business goodwill and Company goodwill. Gout. A disease characterized by painful inflammation of the joints, in excessive amount of uric acid in the blood. Poor man's gout is caused by hard work, poor food and exposure. [Meñez v. ECC, GR L-48488. Apr. 25, 1980, citing The Simplified Medical Dict. for Lawyers, p. 268]. Government. 1. The National Government, and any of its
subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations and their subsidiaries. [Sec. 1, RA 7080]. 2. The Executive, the Legislative and the Judicial Branches and the Constitutional Commissions and shall include all, but shall not be limited to, departments, bureaus, offices, boards, commissions, courts, tribunals, councils, authorities, administrations, centers, institutes, state colleges and universities, local government units, and the armed forces. [Sec. 4, RA 6758]. 3. The National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or controlled corporations, and their subsidiaries. [Sec. 3, RA 6713]. 4. That institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. [US v. Dorr, GR 1051. May 19, 1903]. Compare with Administration. 5. Intl. Law. The instrumentality
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
486 that represents the state in its dealings with other international persons. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 37]. Government accounting. It encompasses the processes of analyzing, recording, classifying, summarizing and communicating all transactions involving the receipt and disposition of government funds and property, and interpreting the results thereof. [Sec. 109, PD 1445]. Government agency. 1. Any government entity, office or officer, other than a court, that is vested by law with quasi-judicial power to resolve or adjudicate dispute involving the government, its agencies and instrumentalities, or private persons. [Sec. 3, RA 9285]. 2. Any department, bureaus or office of the National Government, or any of its branches and instrumentalities, or any political subdivision, as well as any government-owned or controlled corporation, including its subsidiaries, or other self-governing board or commission of the Government. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Governmental function. Also Constituent function. Pol. Law. Certain functions
and activities, which can be performed only by the Government, and so the State is immune from tort liability. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare with Proprietary or Ministrant function. Governmental interest doctrine. Intl. Law. Doctrine that courts should apply the law of the state that has the most interest in determining the outcome of the dispute. [Intl. Law Dict. & Direct., 2004]. Governmental purpose. See Public purpose. Government auditing. The analytical and systematic examination and verification of financial transactions, operations, accounts, and reports of any government agency for the purpose of determining their accuracy, integrity, and authenticity, and satisfying the requirements of law, rules and regulations. [Sec. 53, PD 1445]. Government Auditing Code of the Philippines. PD 1445 entitled “Ordaining and instituting a Government Auditing Code of the Philippines” signed into law on June 11, 1978.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
487 Government funds. Public moneys of every sort and other resources pertaining to any agency of the Government. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Government gratuitous permit. The gratuitous permit granted by the provincial governor to any government entity or instrumentality to extract sand and gravel, quarry or loose unconsolidated materials needed in the construction of building and/or infrastructure for public use or other purposes over an area of not more than two hectares (2 has.) for a period coterminous with said construction. [Sec. 49, RA 7942]. Government hospital. A hospital operated and maintained either partially or wholly by the national, provincial, municipal or city government or other political subdivision, or by any department, division, board or other agency thereof. [Sec. 2, RA 4226]. Government-in-exile. A government whose chief executive and other principal officials have fled their state in the face of hostile armed forces but which is recognized as the de jure government by at least one other state. Except for the
states recognizing it, it is not considered to be a subject of international law. [Intl. Law Dict. & Direct., 2004]. Government of paramount force. Characteristics: (a) that its existence is maintained by active military power within the territories and against the rightful authority of an established and lawful government; and (b), that while it exist it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government. [Co Cham v. Tan Keh, 75 Phil. 113. Sep. 17, 1945]. See De facto government. Government of the Republic of the Philippines. The corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
488 other forms of local government. [Sec. 2, Admin. Code of 1987]. Government-owned or controlled corporation (GOCC). 1. Corporations organized as a stock or nonstock corporation vested with functions relating to public needs, whether governmental or proprietary in nature, and owned by the Government directly or through its instrumentalities either wholly or, where applicable as in the case of stock corporations, to the extent of at least fifty one percent (51%) of its capital stock. This term shall also include financial institutions, owned or controlled by the National Government, but shall exclude acquired asset corporations, state universities, and colleges. [Sec. 2, RA 7656]. 2. A stock or non-stock corporation whether performing government or proprietary functions, which is directly chartered by special law or if organized under the general corporation law is owned or controlled by the government or subsidiary corporation, to the extent of at least a majority of its outstanding capital stock or of its outstanding voting stock. [Sec. 2, PD 2029]. Government security. Any security issued or
guaranteed as to principal or interest by the Republic of the Philippines, or by a person controlled or supervised by and acting as an instrumentality of the Government of the Republic of the Philippines pursuant to authority granted by the Congress of the Philippines; or any certificate of deposit for any of the foregoing. [Sec. 3, RA 2629]. Government Service Insurance System. The Government Service Insurance System created under Commonwealth Act No. 186, as amended. [Sec. 1, RA 9241]. GPPB. The Government Procurement Policy Board established in accordance with Art. X of RA 9184. [Sec. 5, RA 9184]. Grade. All classes of positions which, although different with respect to kind or subject matter of work, are sufficiently equivalent as to level of difficulty and responsibility and level of qualification requirements of the work to warrant the inclusion of such classes of positions within one range of basic compensation. [Sec. 3, PD 985]. Graduated tax. Progressive tax.
See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
489 Grandfather rule. The method by which the percentage of Filipino equity in a corporation engaged in nationalized and/or partly nationalized activities, provided for under the Constitution and other nationalization laws, is computed in cases where there are corporate shareholders. [Claridades, A., Compilation of Notes, 2001-2006].
Gratuitous donation. An act of liberality which has no other basis than the desire to do good thing for the welfare of some persons. [Art. 725, CC].
Grant. The action of granting; the thing granted. Consent, permission. Promise. Admission, acknowledgment. Also, what is agreed to, promised, admitted, etc. [Phil. Apparel Workers Union v. NLRC, GR L-50320. July 31, 1981, citing Oxford English Dict. (Vol. IV)].
Gratuitous title. Also Titulo lucrativo. A transmission wherein the recipient gives nothing in return such as donation and succession [Cabardo v. Villanueva, 44 Phil. 186, 189-190, citing 6 Manresa, Codigo Civil, 7th Ed., 1951, p. 360].
Granted. Bestowed, allotted. [Phil. Apparel Workers Union v. NLRC, GR L-50320. July 31, 1981, citing Oxford English Dict. (Vol. IV)]. Grantor. The person who sets up a trust. Also referred to as settlor. [Jurist’s Legal Dict., 2004]. Gratuitous contract or contract of pure beneficence. A contract the cause of which is the mere liberality of the benefactor. [Art. 1350, Cc].
Gratuitous permit. Permit issued to any individual or entity engaged in noncommercial scientific, or educational undertaking to collect wildlife. [Sec. 5, RA 9147].
Gratuity. 1. A mere bounty given by the Government in consideration or recognition of meritorious services and springs from the appreciation and graciousness of the Government. [Ilagan v. Ilaya, GR 33507, Dec. 20, 1930]. 2. Something given freely, or without recompense; a gift; something voluntarily given in return for a favor or services; a bounty; a tip. [Pirovano v. De la Rama Steamship Co., 96 Phil. 357]. Gratuity pay. It is not intended to pay a worker for actual services rendered. It
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
490 is a money benefit given to the workers whose purpose is "to reward employees or laborers, who have rendered satisfactory and efficient service to the company.” [Plastic Town Center Corp. v. NLRC, GR 81176. Apr. 19, 1989]. Grave abuse of discretion. An act of a court or tribunal which was performed in a capricious or whimsical exercise of judgment which is equivalent to lack of jurisdiction. The abuse of discretion must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or personal hostility. [De Luna v. IAC, 170 SCRA 254 (1989)]. Grave coercion. Crim. Law. The felony committed by any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong, or for the purpose of compelling another to perform any religious act or
to prevent him from doing. [Art. 286, RPC].
so
Grave coercion. Elements: (a) That any person be prevented by another from doing something not prohibited by law, or compelled to do something against his will, be it right or wrong; (b) that the prevention or compulsion be effected by violence, either by material force or such display of it as would produce intimidation and control the will of the offended party, and (c) that the person who restrained the will and liberty of another had no right to do so, or, in other words, that the restraint was not made under authority of law or in the exercise of a lawful right [Timoner v. People, GR L62050. Nov. 25, 1983, citing Aquino, The Rev. Penal Code, Book II, 1976, p. 1392]. Grave felonies. Those felonies to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the Rev. Penal Code. [Art. 9, RPC]. Grave misconduct. 1. A transgression of some established and definite rule of action, more particularly, unlawful behavior or grave
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
491 misconduct by the public officer. The word "misconduct" implies a wrongful intention and not a mere error of judgment. For serious misconduct to exist, there must be a reliable evidence that the judicial acts complained of were corrupt or inspired by an intention to violate the law, or were in persistent disregard of well-known legal rules. [In re: Impeachment of Horrilleno, 43 Phil. 212]. 2. A misconduct warranting removal from office of an officer which must have a direct relation to and be connected with the performance of official duties, amounting either to maladministration or willful, intentional neglect and failure to discharge the duties of the office. [Maaliw, Willie Fernando S., CSC Res. 00-1290, June 1, 2000]. Grave scandal. Crim. Law. The felony committed by any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of the Rev. Penal Code. [Art. 200, RPC]. Grave threats. Crim. Law. The felony committed by any person who shall threaten another with the infliction upon the person, honor or property of the latter or of
his family of any wrong amounting to a crime, and the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and whether or not said offender shall have attained his purpose, or the threat be made in writing or through a middleman, or shall not have been made subject to a condition. [Art. 282, RPC]. Grave threats. Elements: (a) That the offender threatened another person with the infliction upon his person of a wrong; (b) that such wrong amounted to a crime; and (c) that the threat was not subject to a condition. [Reyes v. People, GR L21528 & L-21529. Mar. 28, 1969]. Grazing land. That portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock. [Sec. 3, PD 705]. Grease money. In the vernacular, Lagay. Money demanded for and accepted as a form of graft and corruption so common in the application for licenses and permits from the government. [Antonio v. Sandiganbayan, GR L-57937. Oct. 21, 1988].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
492 Greater weight of evidence. The phrase is synonymous with the term Preponderance of evidence. [Moreno’s Law Dict., 2000 Ed., p. 201]. Greenbacks. The term by which the US dollars are popularly known. [Bank of the Phil. Islands v. IAC, GR L66826. Aug. 19, 1988]. Green card. US Resident Alien Registration Card, as commonly referred to. Moreno’s Law Dict., 2000 Ed., p. 201]. Grego doctrine. Election Law. A possible exception to the rule (Labo doctrine) that a second placer may not be declared the winning candidate, (which is) predicated on the concurrence of two assumptions, namely: (a) the one who obtained the highest number of votes is disqualified; and (b) the electorate is fully aware in fact and in law of a candidate's disqualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate. [Grego v. Comelec, GR 125955. June 19, 1997]. Compare with Labo doctrine.
Grid. The high voltage backbone system of interconnected transmission lines, substations and related facilities. [Sec. 4, RA 9136]. Grid code. The set of rules and regulations governing the safe and reliable operation, maintenance and development of the high voltage backbone transmission system and its related facilities. [Sec. 4, RA 9136]. Grievance. A complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint. [Glossary of Legal Terms (Pro-Se), 2004]. Grievance machinery. A machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of the collective bargaining agreement and those arising from the interpretation or enforcement of company personnel policies. [Art. 260, LC]. Gross ignorance. The want or absence of reasonable care, skill, and knowledge.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
493 [Moreno’s Law Dict., 2000 Ed., p. 201]. Gross income. 1. All income derived from whatever source, including (but not limited to) the following items: (a) Compensation for services in whatever form paid, including, but not limited to fees, salaries, wages, commissions, and similar items; (b) Gross income derived from the conduct of trade or business or the exercise of a profession; (c) Gains derived from dealings in property; (d) Interests; (e) Rents; (f) Royalties; (g) Dividends; (h) Annuities; (i) Prizes and winnings; (j) Pensions; and (k) Partner's distributive share from the net income of the general professional partnership. [Sec. 32, NIRC, as amended]. 2. In the case of taxpayers engaged in the sale of service, it means gross receipts less sales returns, allowances, discounts and cost of services. [Sec. 27, NIRC, as amended]. Compare with Net income. Grossly immoral conduct. A conduct so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. [Reyes v. Wong, 63 SCRA 667, 673, Jan. 29, 1975]. An act committed under such scandalous or
revolting circumstances as to shock the common sense of decency. [Royong v. Oblena, 7 SCRA 859, 869870, Apr. 30, 1963]. Gross neglect of duty. Wanton negligence and open disregard of one’s duties and functions. [Ventayen, Ferdinand B., Res. 00-1453, June 16, 2000]. Gross negligence. 1. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them. [Citibank, NA v. Gatchalian, 240 SCRA 212, 218 (1995)]. 2. The want or absence of even slight care or diligence as to amount to a reckless disregard of the safety of person or property. [Amedo v. Rio u Olabarrieta, 95 Phil. 33, 37 (1954)]. Gross output. The actual market value of minerals or mineral products from its mining area as defined in the National Internal Revenue Code. [Sec. 3, RA 7942]. Gross Philippine Billings. Gross revenue whether for passenger, cargo or mail originating from the Philippines up to final destination, regardless of the place of sale or payments of the passage or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
494 freight documents. [Sec. 28, NIRC, as amended]. Gross receipts. Taxation. The total amount of money or its equivalent representing the contract price, compensation, service fee, rental or royalty, including the amount charged for materials supplied with the services and deposits and advanced payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person, excluding valueadded tax. [Sec. 108, NIRC, as amended]. Gross sales or receipts. The total amount of money or its equivalent representing the contract price, compensation or service fee, including the amount charged or materials supplied with the services and deposits or advance payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person excluding discounts if determinable at the time of sales, sales return, excise tax, and value-added tax (VAT). [Sec. 131, RA 7160]. Gross selling price. Taxation. 1. The total amount of money or its equivalent which the
purchaser pays or is obligated to pay to the seller in consideration of the sale, barter or exchange of the goods or properties, excluding the value-added tax. The excise tax, if any, on such goods or properties shall form part of the gross selling price. [Sec. 106, NIRC, as amended]. 2. The total amount of money or its equivalent which the purchaser pays to the vendor to receive or get the goods. [Connell Bros. Co. v. Collector of Internal Revenue, GR L-15470. Dec. 26, 1963]. Gross tonnage. The underdeck tonnage, permanently enclosed spaces above the tonnage deck, except for certain exemptions. In broad terms, all the vessel's 'closed-in' spaces expressed in volume terms on the bases of one hundred cubic feet (that equals one gross ton). [Sec. 4, RA 8550]. Gross value-added. The value, excluding the value of non-agricultural or fishery intermediate inputs, of goods and services contributed by the agricultural and fisheries sectors. [Sec. 4, RA 8435]. Gross violations of the Collective Bargaining Agreement. See Collective
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
495 Bargaining Agreement, gross violations of. Grotius doctrine of immemorial prescription. Intl. Law. The doctrine which speaks of uninterrupted possession of a territory going beyond memory. [Sandoval, Pol. Law Reviewer 2003]. Groundwater. A subsurface water that occurs beneath a water table in soils and rocks, or in geological formations. [Sec 4, RA 9275]. Groundwater vulnerability. Relative ease with which a contaminant located at or near the land surface can migrate to the aquifer or deep well. [Sec 4, RA 9275]. Groundwater vulnerability map. The identified areas of the land surface where groundwater quality is most at risk from human activities and shall reflect the different degrees of groundwater vulnerability based on a range of soil properties and hydro geological criteria to serve as guide in the protection of the groundwater from contamination. [Sec 4, RA 9275]. Group character loan. A loan contracted by a member and guaranteed by
a group of persons for its repayment. The creditor can collect from any of the members of the group which guaranteed the said loan, without prejudice to the right of reimbursement of the member or members of the group who had advanced the payment in favor of the actual debtor. [Sec. 3, RA 8425]. Grouping of contacts. See Center of gravity doctrine and Most significant relationship theory. Group insurance. Essentially a single insurance contract that provides coverage for many individuals. In its original and most common form, group insurance provides life or health insurance coverage for the employees of one employer. [Pineda v. CA, GR 105562. Sep. 27, 1993]. Guano permit. The permit granted by the provincial governor to any qualified person to extract and utilize loose unconsolidated guano and other organic fertilizer materials in any portion of a municipality where he has established domicile. The permit shall be for specific caves and/or for confined sites with locations verified by the DENR's field officer in accordance with existing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
496 rules and regulations. [Sec. 51, RA 7942]. Guarantee. 1. An expressed or implied assurance of the quality of the consumer products and services offered for sale or length of satisfactory use to be expected from a product or other similar specified assurances. [Art. 4, RA 7394]. 2. The commitment given in writing by a service and repair enterprise undertaking a service or repair work on a particular appliance or equipment, that repair enterprise shall undertake a rework of the previous service and repair without any obligation from the customer. [Sec. 1, PD 1572]. Guarantee agreement. A contract between the participating financial institution and OWWA whereby the latter pledges to pay a loan obtained by a migrant worker from the former in the case the worker defaults. [Sec. 30, IRR, RA 8042]. Guaranteed bonds. Corp. Law. Bonds secured or guaranteed by a corporation other than the issuing corporation. Guaranteed shares. Corp. Law. Those guaranteed by a person, natural or juridical,
other than the issuing corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Guarantor. 1. The insurer of the solvency of the debtor (who) thus binds himself to pay if the principal is unable to pay. [Machetti v. Hospicio, 43 Phil. 297]. 2. A person who pledges collateral for the contract of another, but separately, as part of an independent contract with the obligee of the original contract. [Duhaime's Legal Dict., 2004]. Compare with Surety. Guaranty. A promise to answer for the debt, default, or miscarriage of another person. A promise to answer for the payment of some debt or the performance of some obligation, on default of such payment of performance, by a third person who is liable or expected to become liable therefor in the first instance. [Cacho v. Valles, GR 19493. Aug. 27, 1923]. Guaranty commission agent. An agent who receives on a sale, in addition to the ordinary commission, another called a guarantee commission, in which case he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
497 with the purchaser. 1907, CC].
[Art.
Guaranty contract. 1. A contract by which a person, called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor, in case the latter should fail to do so. [Art. 2047, CC]. 2. A collateral undertaking to pay the debt of another in case the latter does not pay the debt. [Zobel v. CA, GR 113931. May 6, 1998, citing Bouvier's Law Dict., Vol. I, 8th Ed., p. 1386]. See Suretyship contract. Guardian. 1. A person appointed to be a protector of the interests of a minor or other incapacitated person. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. An individual who, by legal appointment or by the effect of a written law, is given custody of both the property and the person of one who is unable to manage his own affairs, such as a child or mentallydisabled person. [Duhaime's Legal Dict., 2004]. 3. A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative. [Glossary of Legal Terms (Pro-Se), 2004].
Guardian ad litem. See also Ad litem. 1. A guardian appointed by a court for the purpose of assisting a minor or other incapacitated person in a suit. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action. [Claridades, A., Compilation of Notes, 20012006]. Guardianship. 1. A trust relation in which one person acts for another whom the law regards as incapable of managing his own affairs. [Bench Book for Trial Court Judges, p. 3-2]. 2. Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself. [Glossary of Legal Terms (Pro-Se), 2004]. Guidance and counseling. A profession that involves the use of an integrated approach to the development of a wellfunctioning individual primarily by helping him/her potentials to the fullest and plan him/her to utilize his/her potentials to the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
498 fullest and plan his/her future in accordance with his/her abilities, interests and needs. It includes functions such as counseling subjects, particularly subjects given in the licensure examinations, and other human development services. [Sec. 3, RA 9258]. Guidance counselor. A natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and the Professional Regulatory Commission (PRC) in accordance with RA 9258 and by virtue of specialized training performs for a fee, salary or other forms of compensation, the functions of guidance and counseling under Sec. 3 (a) of said Act. [Sec. 3, RA 9258]. Guy. A line from the vise of the vessel, enabling the boom, once released from the collar, to swing from side to side. The guys hold the boom in the exact position desired while discharging cargoes. If it is desired to swing the boom to the right, then the guy on the right should be tightened and at the same time easing up the guy to the left. [Moreno’s Law Dict., 2000 Ed., p. 204].
-HH-1 visa. A working visa issued by the US government. It is nonimmigrant visa. [Moreno’s Law Dict., 2000 Ed., p. 205]. Habeas corpus. Lat. Have the body. 1. A court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. [Duhaime's Legal Dict., 2004]. 2. The name of a writ having for its object to bring a person before a court. [Jurist’s Legal Dict., 2004]. Habere facias possessionem. Lat. The process commonly resorted to by the successful party in an action of ejectment, for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
499 the purpose of being placed by the sheriff in the actual possession of the land recovered. [Arcadio v. Ylagan, Adm. Case 2734. July 30, 1986]. Habitacion adicional. Sp. An additional room or annex. [Moreno’s Law Dict., 2000 Ed., p. 205]. Habitat. Place or environment where species or subspecies naturally occur or has naturally established its population. [Sec. 5, RA 9147]. Habitual delinquency. Also Delito de habito. It is simply a fact or circumstance which, if present in a given case with the other circumstances enumerated in Rule 5 of Art. 62 of the Rev. Penal Code, gives rise to the imposition of the additional penalties therein prescribed. This is all the more true because the law itself clearly provides that the habitual delinquent must be sentenced to the penalty provided by law for his last crime in addition to the additional penalty he deserves. [People v. De Jesus, GR 45198. Oct. 31, 1936]. Also Multirecidivism. Habitual delinquent. 1. Sometimes called a Multirecidivist. A person who,
within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsification, is found guilty of any said crimes a third time or oftener. [Almeda v. Villaluz, GR L-31665. Aug. 6, 1975; Art. 62, RPC]. 2. Prop. Mgt. A contractor/supplier who fails to abide by or comply with terms and conditions of his contract for two (2) or more times within a period of one (1) year. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Habitual drunkard. One given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed. It lessens individual resistance to evil thought and undermines will-power making its victim a potential evildoer [People v. Camano, GR L-36662-63. July 30, 1982, citing Aquino, Rev. Penal Code, pp. 408-409]. Habituality. Reiteracion.
See
Habitually absent. An officer or employee who incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least three (3) months in a semester or at least three
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
500 (3) consecutive months during the year. [Sec. 22(q), Rule XIV, Omnibus Rules Implementing Book V of EO 292]. Habitually tardy. An employee who incurs tardiness, regardless of the number of minutes, ten (10) times a month for at least two (2) months in a semester or at least two (2) consecutive months during the year. [Sec. 22(q), Rule XIV, Omnibus Rules Implementing Book V of EO 292]. Habitual mendicant. One who has been convicted of mendicancy under PD 1563 two or more times. [Sec. 3, PD 1563]. Hacking. Short and interrupted. [Moreno’s Law Dict., 2000 Ed., p. 205]. Half ahead. A maritime maneuver equivalent to twelve miles per hour. [Moreno’s Law Dict., 2000 Ed., p. 205]. Half-blood relationship. That existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. [Art. 967, CC]. Half-mast. Lowering the flag to one-half the distance
between the top and bottom of the staff. [Sec. 3, RA 8491]. Hallucination. Legal Med. An erroneous perception without an external object or stimulus. [Olarte, Legal st Med., 1 Ed. (2004), p. 146]. Compare with Illusion. Hambog. Tag. The word means not just braggart, but proud or arrogant. [Madrona v. Rosal, GR 39120. Nov. 21, 1991]. Hamlet. A small village. [Moreno’s Law Dict., 2000 Ed., p. 205]. Hamletting. Loosely defined, the forced clustering into a small village of the residents of a sitio or barangay to enable the military to operate effectively within the area or vicinity left by the residents or inhabitants. [Moreno’s Law Dict., 2000 Ed., p. 205]. Handcarry. A piece of luggage that is not checkedin, hence, not given a claim tag. It is under the custody and care of the passenger concerned. [Moreno’s Law Dict., 2000 Ed., p. 206]. Handicap. 1. A disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
501 function or activity, that is considered normal given the age and sex of the individual. [Sec. 4, RA 7277]. 2. A disadvantage suffered by a person which makes achievement unusually difficult because of some physical and/or psychosocial impairment. It also refers to cumulative effect of obstacles which the disadvantage interposes between the individual and his maximum functional level. [Sec. 11, PD 1509]. Handicapped workers. Those whose earning capacity is impaired by age or physical or mental deficiency or injury. [Art. 78, LC]. Handicraft establishment. See Cottage establishment. Handicrafts and shellcrafts. A trade or activity in which articles are fashioned totally or chiefly by hand with manual or artistic skill, using principally indigenous materials. [Sec. 1, PD 1634]. Handwriting. The chirography of a person; the cast or form of writing peculiar to a person, including the size, shape, and style of letters, tricks of penmanship, and whatever gives individuality to his
writing, distinguishing it from that of other persons. Anything written by hand; an instrument written by hand of a person, or a specimen of his writing. [Black’s Law Dict., Abr. 5th Ed. (1983), 365]. Harassment. Unsolicited words or conduct which tend to annoy, alarm or abuse another person. [Duhaime's Legal Dict., 2004]. Harbor fee. The amount which the owner, agent, operator or master of a vessel has to pay for each entrance into or departure from a port of entry in the Philippines. [Sec. 2701, RA 1937]. Harbor line. The limiting line beyond which no piers, wharves, bulkheads or other works shall be extended or any deposits made. [Sec. 3, RA 4663]. Hard surfactants. Surfactants with low biodegradability rate including chemicals such as hard or branded alkyl benzene, hard or branched alkyl benzene surfactants, hard or branded dodecyl benzene sulfonates, branched dodecyl benzene, their sodium or potassium salts and other technical names referring to the same
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
502 chemical compound. [Sec. 2, RA 8970]. Harmless error. 1. Any error in either the admission or the exclusion of evidence and any error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties which is not deemed to be a ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. Any error or defect which does not affect the substantial rights of the parties and which the court at every stage of the proceeding must disregard. [Sec. 6, Rule 51, RoC]. 2. An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal. [Glossary of Legal Terms, Pro-Se Handbook, (Internet)]. See English Exchequer Rule. Harvested material. Any part of a plant with potential economic value or any product made directly therefrom in proper case. [Sec 3, RA 9168].
Harvesting. The gathering of the crops. Synonymous with “reaping.” [Moreno’s Law Dict., 2000 Ed., p. 206]. Hauler. Any person, whether natural or juridical, engaged in the transport, distribution, hauling, and carriage of petroleum products, whether in bulk or packed form, from the oil companies and independent marketers to the petroleum dealers and other consumers. [Sec. 4, RA 8479]. Hazardous operation/process. Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosions. [Sec. 3, PD 1185]. Hazardous substances. Elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare. [Sec. 62, PD 1152]. Hazardous waste. Any waste or combination of wastes of solid liquid, contained gaseous, or semisolid form which cause, of contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
503 persistence and degradability in nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism. [Sec 4, RA 9275]. Heading. Also Headline or headnote. A part of the statute of limiting and defining the sections to which it refers and should be given effect according to its import as though it was in the body of the act. [Moreno’s Law Dict., 2000 Ed., p. 206]. Head of the family. 1. Any person so defined in the National Internal Revenue Code, as amended. [Sec. 2, RA 9257]. 2. An unmarried or legally separated man or woman with one or both parents, or with one or more brothers or sisters, or with one or more legitimate, recognized natural or legally adopted children living with and dependent upon him for their chief support, where such brothers or sisters or children are not more than twenty-one (21) years of age, unmarried and not gainfully employed or where such children, brothers or sisters, regardless of age are incapable of self-support because of mental or
physical defect. [Sec. NIRC, as amended].
35,
Headworks. The composite parts of the irrigation system that divert water from natural bodies of water such as rivers, streams, and lakes. [Sec. 4, RA 8435]. Healthcare practitioner. Physicians, nurses, midwives, nursing aides and traditional birth attendants. [Sec. 4, RA 9288]. Health care provider. It refers to: (a) a health care institution , which is duly licensed and accredited devoted primarily to the maintenance and operation of facilities for health promotion, prevention, diagnosis, injury, disability, or deformity, drug addiction or in need of obstetrical or other medical and nursing care. It shall also be construed as any institution, building, or place where there are installed beds, cribs, or bassinets for twenty-four hour use or longer by patients in the treatment of diseases, injuries, deformities, or abnormal physical and mental states, maternity cases or sanitarial care; or infirmaries, nurseries, dispensaries, rehabilitation centers and such other similar names by which they may be designated; or (b) a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
504 health care professional, who is any doctor of medicine, nurse, midwife, dentist, or other health care professional or practitioner duly licensed to practice in the Philippines and accredited by the Phil. Health Ins. Corp. (PHIC); or (c) a health maintenance organization, which is entity that provides, offers, or arranges for coverage of designated health services needed by plan members for a fixed prepaid premium; or (d) a community-based health organization, which is an association of indigenous members of the community organized for the purpose of improving the health status of that community through preventive, promotive and curative health services. [Sec. 1, RA 9241]. Health care system. Governmental, nongovernmental or private institutions or organizations engaged, directly or indirectly, in health care for mothers, infants and pregnant women; and nurseries or child care institutions. It also includes health workers in private practice. For the purpose of this Code, the health care system does not include pharmacies or other established sales outlets. [Sec.4, EO 51, Oct. 20, 1986].
Health institutions. 1. Hospitals, health infirmaries, health centers, lying-in centers or puericulture centers with obstetrical and pediatric services, whether public or private. [Sec. 4, RA 9288; Sec. 3, RA 7600]. Health insurance identification (ID) card. The document issued by the Phil. Health Ins. Corp. to members and dependents upon their enrollment to serve as the instrument for proper identification, eligibility verification, and utilization recording. [Sec. 1, RA 9241]. Health personnel. Professionals and workers who manage and/or administer the entire operations of health institutions and/or who are involved in providing maternal and child health services. [Sec. 3, RA 7600]. Health Research and Development Act of 1998. RA 8503 entitled “An Act providing for the promotion of health research and development, establishing for the purpose the National Institutes of Health (NIH), defining its objectives, powers and functions, and for other purposes” enacted on Feb. 13, 1998.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
505 Health worker. A person working in a component of such health care system, whether professional or nonprofessional, including volunteer workers. [Sec.4, EO 51, Oct. 20, 1986].
present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented. [Ang Tibay v. CIR, GR 46496. Feb. 27, 1940].
Healthy residual. A sound or slightly injured tree of the commercial species left after logging. [Sec. 3, PD 705].
Hearsay evidence. 1. Any evidence, whether oral or documentary, the probative value of which is not based on the personal knowledge of the witness but on the knowledge of some other person not on the witness stand. [Sec. 36, Rule 13, RoC]. 2. Evidence not of what the witness knows himself but of what he has heard from others. [People v. Manhuyod, GR 124676. May 20, 1998, citing Francisco, Evidence 244 (3rd Ed., 1996)]. 3. Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Nonhearsay.
Hearing. A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies. [Glossary of Legal Terms (Pro-Se), 2004]. Hearing de novo. A full new hearing. [Jurist’s Legal Dict., 2004]. Also De novo hearing. Hearing officers. Officers appointed or designated in the DOLE-Regional Office and authorized to hear and decide cases under Sec. 2 of RA 6715 and whose decision is appealable to the NLRC. [Sec. 1, Rule 1, Book 5, IRR of LC]. Hearing, right to a. The right of the party interested or affected to present his own case and submit evidence in support thereof. Not only must the party be given an opportunity to
Heart failure. Acute cardiorespiratory failure. [De Clemente v. Workmen's Compensation Commission, GR L-42087. Apr. 8, 1988]. Heavy durable. Any durable item not portable or too large to be shipped as accompanied personal item
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
506 in the course of travel. [Customs Admin. Order 3-95, Dec. 6, 1995]. Heinous. 1. Grievous, odious and hateful. [People v. Buyok, GR 109771. Aug. 25, 1994]. 2. The etymological root of the word was traced to the Early Spartans' word, "haineus", meaning, hateful and abominable, which, in turn, was from the Greek prefix "haton", denoting acts so hatefully or shockingly evil. [Justice Kapunan’s dissenting opinion, People v. Alicando, 251 SCRA 293 (1995)]. Heinous crimes. Crim. Law. 1. Grievous, odious and hateful offenses which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society. [RA 7659]. 2. A grave felony as defined in the Rev. Penal Code, or an offense punishable under special law, committed in a manner that is revolting or shocking to the common sensibilities of man, whether deliberately sought or not, such as those attended by cruelty, ignominy, treachery, and similar circumstances. [Sec. 4, EO 3 (1992)].
Heir. A person called to the succession either by the provision of a will or by operation of law. [Art. 782, CC]. Help. In its ordinary connotation, to assist. [Moreno’s Law Dict., 2000 Ed., p. 207]. Hematoma. A swelling containing clotted blood, usually caused by direct violence. [Moreno’s Law Dict., 2000 Ed., p. 207]. Hepatoma. cancer.
See
Liver
Herbal medicines. Finished, labeled, medicinal products that contain as active ingredient/s aerial or underground part/s of plant or other materials or combination thereof, whether in the crude state or as plant preparations. Medicines containing plant material(s) combined with chemically-defined active substances, including chemically-defined, isolated constituents of plants, are not considered to be herbal medicines. [Sec. 4, RA 8423]. Herbolario. Tag. 1. Herb healer. [People v. Mercado, GR L-30298. Mar. 30, 1971]. 2. Quack doctor. [People v. Malate, GR L-40791. Sep. 11,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
507 1982]. 3. Faith healer. [People v. Oliquino, GR 94703. May 31, 1993]. Herencia futura. Sp. Future. [Blas v. Santos, GR L-14070. Mar. 29, 1961]. Heritable condition. Any condition that can result in mental retardation, physical deformity or death if left undetected and untreated and which is usually inherited from the genes of either or both biological parents of the newborn. [Sec. 4, RA 9288]. Herrera-Veloso Law. RA 6715 which took effect on March 21, 1989. Hidden treasure. Any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. [Art. 439, CC]. Hierarchy. A group arranged according to rank or authority. [Intl. Law Dict. & Direct., 2004]. Hierarchy of evidentiary values. (a) Proof beyond reasonable doubt at the highest level, followed by (b) clear and convincing evidence, (c) preponderance of evidence, and (d) substantial evidence, in that order. [Manalo v. Nieves-
Confesor, GR 102358. Nov. 19, 1992]. High-end or luxury goods. Goods which are not necessary for life maintenance and whose demand is generated in large part by the higher income groups. Luxury goods shall include, but are not limited to products such as; jewelry, branded or designer clothing and footwear, wearing apparel, leisure and sporting goods, electronics and other personal effects. [Sec. 3, RA 8762]. Higher Education Modernization Act of 1997. RA 8292 entitled “An Act providing for the uniform composition and powers of the governing boards, the manner of appointment and term of office of the president of chartered state universities and colleges, and for other purposes” enacted on June 6, 1997. High level employee. One whose functions are normally considered policy determining, managerial or one whose duties are highly confidential in nature. [Arizala v. CA, GR 43633-34. Sep. 14, 1990]. Highly technical industries. Trade, business, enterprise, industry, or other activity,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
508 which is engaged in the application of advanced technology. [Sec. 2, Rule 6, Book 3, IRR of LC]. Highly toxic substance. Any substance which has any of the following effects: (a) produces death within fourteen days to one-half or more than one-half of a group of ten or more laboratory white rats each weighing between Two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or (b) produces death within fourteen days to one-half or more of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner, or (c) produces death within fourteen days to one-half or more of a group of ten or more rabbits, when tested in a dosage of two hundred milligrams or
less per kilogram of body weight, or when administered through continuous contact with the bare skin for twenty-four hours or less. [Art. 4, RA 7394]. High-risk behavior. A person's frequent involvement in certain activities which increase the risk of transmitting or acquiring HIV. [Sec. 4, RA 8496]. High seas. Intl. Law. 1. They are also treated as res communes or res nullius, and thus, are not territory of any particular state. The traditional view is freedom of the high seas – they are open and available, without restriction, to the use of all states for the purpose of navigation, flight over them, laying submarine cables and pipes, fishing, research, mining, etc. [Sandoval, Pol. Law Reviewer 2003]. 2. The ocean areas outside the territorial seas and maritime zones of coastal states. They are open to use by all states for peaceful purposes. [Intl. Law Dict. & Direct., 2004]. High-value crops (HVC). Crops other than traditional crops which include, but are not limited to: coffee and cacao, fruit crops, root crops , vegetable crops, legumes, pole sitao, spices
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
509 and condiments, and cutflower and ornamental foliage plants. [Sec. 4, RA 7900]. High-Value Crops Development Act of 1995. RA 7900 entitled “An Act to promote the production, processing, marketing and distribution of high-valued crops, providing funds therefor, and for other purposes” enacted on Feb. 23, 1995. Highway robbers. Brigands.
See
Highway robbery or brigandage. The seizure of any person for ransom, extortion or other unlawful purposes or the taking away of property of another by means of violence against or intimidation of persons nor force upon things or other unlawful means, committed by any person on any Philippine Highway. [Sec. 2, PD 532]. Hijacker. A person who compels a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight (from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation), or compels an aircraft of
foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. [Sec. 1, RA 6235]. Hijacking. Also Aircraft piracy. The offense committed by any person who shall compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight (from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation), or shall compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. [Sec. 1, RA 6235]. Hijo de puta. Sp. Son of a whore. [US v. Gil, GR 4704. Apr. 26, 1909]. Hiligaynon. An Austronesian language of the Hiligaynon people (those inhabiting Panay and part of Negros, Philippines) related but not mutually intelligible with Cebuano and frequently considered a dialect of Bisayan. [Bofill v. CA, GR 107930. Oct. 7, 1994, citing Webster's 3rd New Intl. Dict., 1986 Ed., p. 1069].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
510 Hilot. Tag. An unlicensed midwife. [People v. Sendon, GR 101579-82. Dec. 15, 1993]. Hipag. Tag. Sister-in-law. Sometimes loosely used to refer to a (female) cousin-inlaw. [Claridades, A., Compilation of Notes, 20012006]. Compare with Bilas and Bayaw. Hire and fire. Labor. The right of an employer to dismiss an employee, when the employment is without a definite period, at any time, with or without cause, provided that, if the dismissal is without cause, the employer gives the employee the necessary notice or termination pay. [Moreno’s Law Dict., 2000 Ed., p. 208]. Hiring agreement. Labor. An agreement whereby the employer is obliged to hire only those union members in hiring agreement. However, it does not necessarily mean that union members should maintain their membership as a condition sine qua non for employment. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Hiring hall arrangement. Labor. An arrangement where the employer requisitions new employees directly from the union
business agent. [Poquiz, Labor Rel. Law, 1999 Ed. p. 156, citing Beal and Wickersham, The Practice of Collective Bargaining, pp. 242-243]. Historical site. Any place, province, city, town and/or any location and structure which has played a significant and important role in the history of our country and nation. Such significance and importance may be cultural, political, sociological or historical. [Sec. 3, RA 4846]. Historic bays. Intl. Law. Bays whose waters are considered internal but which should not have that character were it not for the existence of a historic title. Examples are the Bay of Cancale in France, the Bay of El-Arab in Egypt, and Hudson Bay in Canada. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 62]. HIV. See Human Immunodeficiency Virus. HIV/AIDS monitoring. The documentation and analysis of the number of HIV/AIDS infections and the pattern of its spread. [Sec. 4, RA 8496]. HIV/AIDS prevention and control. Measures aimed at protecting non-infected from contracting HIV and minimizing the impact of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
511 condition of persons living with HIV. [Sec. 4, RA 8496]. HIV-negative. The absence of HIV or HIV antibodies upon HIV testing. [Sec. 3, RA 8504]. HIV-positive. The presence of HIV infection as documented by the presence of HIV or HIV antibodies in the sample being tested. [Sec. 3, RA 8504]. HIV testing. Any laboratory procedure done on an individual to determine the presence or absence of HIV infection. [Sec. 3, RA 8504]. HIV transmission. The transfer of HIV from one infected person to an uninfected individual, most commonly through sexual intercourse, blood transfusion, sharing of intravenous needles and during pregnancy. [Sec. 3, RA 8504]. Hoarding. The undue accumulation of a trader of petroleum and/or products beyond his or its normal inventory levels, and/or unjustified refusal to dispose of, sell or distribute the same to consumers; or the unreasonable accumulation by a person other than a trader of petroleum and/or petroleum products. [Sec. 2, PD 1865; Sec. 3, BP 33].
Hoax. Something done for deception or mockery, or trick played off in sport; a practical joke. [Moreno’s Law Dict., 2000 Ed., p. 208]. Hodge-podge legislation. Also Log-rolling legislation. A mischievous legislative practice of embracing in one bill several distinct matters, none of which, perhaps, could singly obtain the assent of the legislator, and then procuring its passage by a combination of the minorities in favor of each of the measure into a majority that will adopt them all. The object of such kind of legislation is to unite the legislators who favor any one of the subjects in support of the whole act. [Suarez, Stat. Con., (1993), p. 44, citing Sumulong v. Comelec, 73 Phil. 283]. Compare with One-subject, one-title rule. Hoist. The part of the flag nearest the staff or the canvass to which the halyard is attached. [Sec. 3, RA 8491]. Holder. Nego. Inst. 1. The payee or indorsee of a bill or note who is in possession of it, or the bearer thereof. [Sec. 191, NIL]. 2. A person who acquires an instrument
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
512 by negotiation. [Intl. Dict. & Direct., 2004].
Law
Holder for value. Nego. Inst. 1. One who must meet all the requirements of a holder in due course under Sec. 52 of the Nego. Inst. Law except notice of want of consideration. [Agbayani, Comm. Laws of the Phil., 1964, p. 208]. 2. If he does not qualify as a holder in due course, then he holds the instrument subject to the same defenses as if it were non-negotiable. [Sec. 26, NIL]. Holder in bad faith. Nego. Inst. A person who acquires an instrument knowing that it was not properly negotiated to him. [Intl. Law Dict. & Direct., 2004]. Holder in due course. Nego. Inst. 1. A holder who has taken the instrument under the following conditions: (a) that it is complete and regular upon its face; (b) that he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (c) That he took it in good faith and for value; (d) that at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it. [Sec. 52, NIL]. 2. A holder who
acquires a negotiable instrument for value, in good faith, and without notice that it is overdue, has been dishonored, or that persons required to pay on it have some valid excuse for not doing so. [Intl. Law Dict. & Direct., 2004]. Holder of a receipt. A person who has both actual possession of such receipt and a right of property therein. [Sec. 58, Act 2137]. Holding corporation or company. 1. A corporation (or company) which controls another as a subsidiary by the power to elect management. It holds stocks in other companies for purposes of control rather than for mere investment. 2. Corporation (or company) owned by a parent or parents to supervise and coordinate the operations of subsidiary companies. [Intl. Law Dict. & Direct., 2004]. See Parent corporation. Hold-Order. An order to temporarily prevent a person from leaving the country where his departure will prejudice, hamper or otherwise obstruct the task of the PCGG in the enforcement of EOs 1 and 2, because such person is known or suspected to be involved in the properties or transactions covered by said
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
513 EOs. [Kwong v. PCGG, GR 79484. Dec. 7, 1987, PCGG Rules and Regulations dated 11 April 1986]. Hold-over status. Admin. Law. When a public officer is placed on hold-over status, it means that his term has expired or his services terminated but he should continue holding his office until his successor is appointed or chosen and has qualified. [Blaquera v. CSC, GR 103121. Sep. 10, 1993]. Holdup. The act of forcibly stopping and robbing. Robbery under threat of violence or an armed robbery. An assault on a person for the purpose of robbery. [Moreno’s Law Dict., 2000 Ed., p. 208]. Holistic test. The test in determining whether colorable imitation exists which mandates that the entirety of the marks in question must be considered in determining confusing similarity. In determining whether the trademarks are confusingly similar, a comparison of the words is not the only determinant factor. The trademarks in their entirety as they appear in their respective labels or hang tags must also be considered in relation to the goods to which they are attached. The discerning eye
of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other. [Emerald Garment Mfg. Corp. v. CA, GR 100098. Dec. 29, 1995]. Compare with Dominancy test. Holmes dictum. “The power to tax is not the power to destroy while the Supreme Court sits.” [Claridades, A., Compilation of Notes, 20012006]. Compare with Marshall dictum. See Power to tax is not the power to destroy. Holographic will. Succ. 1. A will executed by the testator which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. [Ajero v. CA, GR 106720. Sep. 15, 1994; Art. 810, CC]. 2. A will written entirely in the testator’s handwriting and not witnessed. [Duhaime's Legal Dict., 2004]. Compare with Notarial will. Holographic will, probate of. Succ. Issues to be resolved: (a) Whether the instrument submitted is, indeed, the decedent's last
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
514 will and testament; (b) whether said will was executed in accordance with the formalities prescribed by law; (c) whether the decedent had the necessary testamentary capacity at the time the will was executed; and, (d) whether the execution of the will and its signing were the voluntary acts of the decedents. [Montanano v. Suesa, 14 Phil. 676 (1909)]. Holy Qur'an. The Muslim Holy Scripture. [Sulu Islamic Assoc. of Masjid Lambayong v. Malik, AM MTJ-92-691. Sep. 10, 1993]. Home care and medical rehabilitation services. Skilled nursing care, which members get in their homes/clinics for the treatment of an illness or injury that severely affects their activities or daily living. Home care and medical rehabilitation services include hospice or palliative care for people who are terminally ill but does not include custodial and nonskilled personal care. [Sec. 1, RA 9241]. Home consumption value. The price of the same, like or similar articles as bought and sold or offered for sale freely in the usual wholesale quantities in the ordinary course of trade, in the
principal markets of the country from where exported on the date of exportation to the Philippines. [Sec. 210, Tariff and Customs Code]. Home consumption value or price. The value or price declared in the consular, commercial, trade or sales invoice, certified to as correct under penalties of perjury by the Philippine consul at the port of origin if there is any. [Sec. 1, PD 1358]. Homelot. The contiguous area where the tenantfarmer beneficiary has established his permanent dwelling with the consent of the landowner, including the areas utilized for raising vegetables, poultry, pigs and other animals or for engaging in minor home industries. [Moreno’s Law Dict., 2000 Ed., p. 210]. Home solicitation sale. Consumer sales or leases which are personally solicited by any person or organization by telephone, person-to-person contact or by written or printed communication other than general advertising or consummated at the buyer's residence or a place of business, at the seller's transient quarters, or away from a seller's regular place
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
515 of business. 7394].
[Sec.
4,
RA
Homestead. 1. The home, the house and the adjoining land where the head of the family dwells; the home farm; the fixed residence of the head of a family, with the land and buildings surrounding the main house. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 32, citing Oliver v. Snowden, 18 Fla. 825, 43 Am. Rep. 338]. 2. An artificial estate in land, devised to protect the possession and enjoyment of the owner against the claims of his creditors, by withdrawing the property from execution and forced sale, so long as the land is occupied as a home. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 32, citing Buckingham v. Buckingham, 8 Mich. 89 45 NW 504]. 3. It is intended to give the homesteader every chance to preserve and keep for himself and his family the land that the State had gratuitously granted him as reward for his labor in clearing and cultivating it. [Pascua v. Talens, 80 Phil. 972]. Homicidal impulse. Legal Med. An irresistible impulse to kill prompted by an insane delusion either as a necessity of self-defense or avenging for justice, or as to
the patient himself thinking that he is the appointed messiah of justice. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Homicide. Crim. Law. 1. The felony committed by any person who, not falling within the provisions of Art. 246, shall kill another without the attendance of any of the circumstances enumerated in Art. 248 of the Rev. Penal Code. [Art. 249, RPC]. 2. All occasions where one human being, by act or omission, takes away the life of another. [Duhaime's Legal Dict., 2004]. Homicide. Crim. Law. Elements: (a) That a person was killed; (b) that the accused killed him without any justifying circumstance; (c) that the accused had the intention to kill, which is presumed; (d) that the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. [People v. Rosales, GR 86390. June 30, 1993]. Homosexuals. Legal Med. Persons whose sexual desire is toward the same sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
516 Honeste vivere. Lat. To live honorably. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Honorarium. Something given not as a matter of obligation but in appreciation for services rendered. [Santiago v. COA, GR 92284. July 12, 1991]. Hood. A covering usually of cloth or leather for the head and neck and sometimes the shoulders that is attached to a garment or worn separately and is made with a loose of close-fitting opening for the face. [People v. Almenario, GR 66420. Apr. 17, 1989, citing Webster's 3rd New Intl. Dict., 1971 Ed.]. Compare with Mask. Hooking. An arrastre service which requires one person to perform the routinary task of attaching the sling holding the prepared cargo to a hook attached to a cable that would lift such cargo to the vessel. [Moreno’s Law Dict., 2000 Ed., p. 211]. Horizontal exit. Passageway from one building to another or through or around a wall in approximately the same floor level. [Sec. 3, PD 1185]. Hose box. A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting. [Sec. 3, PD 1185].
Hose reel. A cylindrical device turning on an axis around which a fire hose is wound and connected. [Sec. 3, PD 1185]. Hospital. 1. A facility devoted primarily to the diagnosis, treatment and care of individuals suffering from illness, disease, injury or deformity, or in need of obstetrical or other medical and nursing care. It shall also be construed as any institution, building or place where there are facilities and personnel for the continued and prolonged care of patients. [Sec. 2, RA 8344]. 2. Place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from illness, disease, injury or deformity, or in need of obstetrical or other medical and nursing care. The term shall also be construed as any institution, building or place where there are installed beds, or cribs, or bassinets for twenty-fourhour use or longer by patients in the treatment of diseases, diseasedconditions, injuries, deformities, or abnormal physical and mental states, maternity cases, and all institutions such as those for convalescence, senatorial or sanitarial care, infirmities,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
517 nurseries, dispensaries and such other names by which they may designated. [Sec. 2, RA 4226]. Hospital-based blood bank. A blood bank which is located within the premises of a hospital and which can perform compatibility testing of blood. [Sec. 3, RA 7719]. Hostile witness. A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand. [Glossary of Legal Terms (Pro-Se), 2004]. Hotel. 1. A building where transient guests are received and are supplied with and charged for meals, lodging and other services. [Sec. 63, PD 856]. 2. Any house or building or portion thereof in which any person or persons may be regularly harbored or received as transient or guests. A hotel shall be considered as living quarters and shall have the privilege to accept any number of guests and to serve food to the guests therein. [Sec. 1, PD 426]. Compare with Motel. Hot pursuit. Intl. Law. The uninterrupted pursuit by a coastal state's warships or
military aircraft of a fleeing foreign ship from a coastal state's internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone, or continental shelf onto the high seas for the purpose of arresting it. The pursuit must be discontinued if the fleeing ship enters its own or another state's territorial sea. [Intl. Law Dict. & Direct., 2004]. Hot pursuit doctrine. Intl. Law. If an offense is committed by a foreign merchant vessel within the territorial waters of the coastal state, its own vessels may pursue the offending vessel into the open sea and upon capture bring it back to its territory for punishment. However, to be lawful, the pursuit must have begun before the offending vessel has left the territorial waters, or the contiguous zone of the coastal state; the pursuit must be continuous and unabated; and it ceases as soon as the ship being pursued enters the territorial sea of its own, or a third state. [Sandoval, Pol. Law Reviewer 2003]. Hours worked. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace, and (b) all time
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
518 during which an employee is suffered or permitted to work. [Art. 84, LC]. Househelper. Synonymous to the Domestic servant. Any person, whether male or female, who renders services in and about the employer's home and which services are usually necessary or desirable for the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer's family. [Apex Mining Co., Inc. v. NLRC, GR 94951. Apr. 22, 1991]. Household. A non-seasonal dwelling capable of receiving service safely, including apartments and other dwelling combinations. [Sec. 3, PD 269]. House sewer. The pipe line conveying sewage from the house or building to the septic tank or to any point of discharge. [Sec. 71, PD 856]. Housing Loan Condonation Act of 1998. RA 8501 entitled “An Act to rescue the national shelter program of the government by condoning the penalties on all outstanding/delinquent housing loan accounts with any of the government institutions and agencies involved in the national
shelter program and by amending Presidential Decree No. 1752, as amended” enacted on Feb. 13, 1998. Human development index (HDI). The measure of how well a country has performed, based on social indicators of people's ability to lead a long and healthy life, to acquire knowledge and skills, and to have access to the resources needed to afford a decent standard of living. This index looks at a minimum of three outcomes of development: the state of health (measured by life expectancy at birth), the level of knowledge and skill (measured by a weighted average of adult literacy and enrollment rates), and the level of real income per capita, adjusted for poverty considerations. [Sec. 3, RA 8425]. Human immunodeficiency virus (HIV). The virus which causes AIDS. [Sec. 3, RA 8504]. Humanitarian doctrine. See Doctrine of last clear chance. Humanitarian intervention. Intl. Law. Doctrine that allows one or more states to use force to stop another state from mistreating its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
519 own nationals when the actions of the state are so brutal and widespread as to shock the conscience of the community of nations. [Intl. Law Dict. & Direct., 2004]. Humanitarian rules. Rules that provide for the protection of noncombatants and disabled or captured combatants. [Intl. Law Dict. & Direct., 2004]. Human resources development. The process by which the actual and potential labor force is made to systematically acquire greater knowledge, skills or capabilities for the nation's sustained economic and social growth. [Sec. 1, Rule 1, Book 2, IRR of LC]. Human rights. 1. The universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life. [Simon, Jr. v. CHR, GR 100150. Jan. 5, 1994]. 2. Basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecution. [Intl. Law Dict. & Direct., 2004]. Hurto. Sp. Theft. [US v. Montiel, GR L-2882. Jan. 2, 1907].
Hurto continuado. Sp. Continuing theft. [Moreno’s Law Dict., 2000 Ed., p. 212]. Husbanding agent. The general agent of the owner in relation to the ship, with powers, among others, to engage the vessel for general freight and the usual conditions, and settle for freight and adjust averages with the merchant [CIR v. United States Line Co., GR L16850. May 30, 1962, citing Bouvier's Law Dict., p. 3064]. Hydrochloride. A compound of hydrochloric acid used with the names of organic bases for convenience in naming salts, and to distinguish it from chloride which is a compound of chlorine with another element or radical. [People v. Angeles, GR 92850. June 15, 1992, citing Webster's 3rd New Intl. Dict. (1986), 1108]. Hydroelectric power. The electric power produced by utilizing the kinetic energy of falling or running water to turn a turbine generator. [Sec. 4, RA 7156]. Hymen. Legal Med. A thin vascular fold of mucous membrane which varies in shape and thickness and presents a central opening which can be stretched sufficiently to admit one
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
520 examining finger without tearing. [Olarte, Legal Med., 1st Ed. (2004), p. 124].
condition resulting from the situation. [Jurist’s Legal Dict., 2004].
Hypergolic fuel. A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other. [Sec. 3, PD 1185]. Hyperlink. Function of the World Wide Web that allows one Web page to be accessed from another page. When a person viewing a page with hyperlinks on a browser points to a hyperlink with a mouse, the mouse cursor changes from a pointer to a hand. Clicking on the hyperlink, loads the linked page in the browser for viewing. [Intl. Law Dict. & Direct., 2004]. Hypochondriasis. Legal Med. A psychiatric disorder in which a person reports physical symptoms and is especially preoccupied with the certainty that these symptoms represent a serious disease. [Olarte, Legal Med., 1st Ed. (2004), p. 126]. Hypothetical question. An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
521 Ibi quid generaliter conceditur; inest haec exceptio, si non aliquid sit contra jus fasque. Lat. Where anything is granted generally, this exception is implied; that nothing shall be contrary to law and right. [Prov. of Cebu v. IAC, GR 72841. Jan. 29, 1987]. Ideal plurality. Also Concurso ideal. This occurs when a single act gives rise to various infractions of law. This is illustrated by the very article under consideration: (a) when a single act constitutes two or more grave or less grave felonies (described as Delito compuesto or Compound crime); and (b) when an offense is a necessary means for committing another offense (described as Delito complejo or Complex proper). [Gamboa v. CA, GR L-41054. Nov. 28, 1975, citing The Rev. Penal Code, Aquino, Vol. I 1961 ed., at 555-56].
-IIAC. Intermediate Court.
Appellate
IATA. International Transport Association.
Air
Idem sonans rule. Elec. Law. An election rule which provides that a name or surname incorrectly written which, when read, has a sound similar to that name or surname of a candidate when correctly written shall be counted in his favor. [Lontoc v. Pineda, GR L37106. June 30, 1975].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
522 Identification. Evid. Showing of proof that the document being presented is the same one referred to by the witness in his testimony. [Claridades, A., Compilation of Notes, 2001-2006]. Identification of documentary evidence. Evid. Identification done in the course of the trial and accompanied by the marking of the evidence as an exhibit. [Interpacific Transit v. Aviles, GR 86062. June 6, 1990]. Compare with Formal offer of documentary evidence as an exhibit. Identity of offenses. There is identity between the two offenses when the evidence to support a conviction for one offense would be sufficient to warrant a conviction for the other, or when the second offense is exactly the same as the first, or when the second offense is an attempt to commit or a frustration of, or when it necessarily includes or is necessarily included in, the offense charged in the first information. [Teehankee, Jr. v. Madayag, GR 103102. Mar. 6, 1992]. Identity of parties. This requirement is satisfied if the two actions are substantially between the same parties which means
that the parties in both cases need not be physically identical provided that there is privity between the parties or their successors in interest by title subsequent to the commencement of the previous cause of action, litigating for the same thing, title, or capacity. [Santos v. Gabriel, 45 SCRA 288; 295 (1972); 2 Martin, Rules of Court, 1973 Ed., p. 4233]. Idle land. Also Abandoned land. Any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three (3) years immediately prior to the receipt of notice of acquisition by the government as provided under RA 6657, but does not include land that has become permanently or regularly devoted to nonagricultural purposes. It does not include land which has become unproductive by reason of force majeure or any other fortuitous event, provided that prior to such event, such land was previously used for agricultural or other economic purpose. [Sec. 3, RA 6657]. Idle lands. 1. Nonagricultural lands urban and urbanized areas on which no improvements, as herein
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
523 defined, have been made by the owner, as certified by the city, municipal or provincial assessor. [Sec. 3, RA 7279]. 2. Lands not devoted directly to any crop or to any definite economic purpose for at least one year prior to the notice of expropriation except for reasons other than force majeure or any other fortuitous event but used to be devoted or is suitable to such crop or is contiguous to land devoted directly to any crop and does not include land devoted permanently or regularly to other essential and more productive purpose. [Sec. 166, RA 3844].
Ignorance of the law. Want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation, duty, or matter under consideration. [Black’s Law Dict., Abr. 5th Ed. (1983), 379].
Ignominy. Crim. Law. An aggravating circumstance under Art. 14 (17) of the Rev. Penal Code pertaining to the moral order which adds disgrace and obloquy to the material injury caused by a crime. [US v. Abaigar, 2 Phil. 417 (1903)].
Ignorantia juris quod quisque scire tenetur non excusat. Lat. Ignorance of the law excuses no one. [Aurillo v. Francisco, 235 SCRA 283, 289, Aug. 12, 1994].
Ignorance. The want or absence of knowledge. [Black’s Law Dict., Abr. 5th Ed. (1983), 379]. Ignorance of fact. Want of knowledge of some fact or facts constituting or relating to the subject matter at hand. [Black’s Law Dict., Abr. 5th Ed. (1983), 379-380].
Ignorant. Unaware or uninformed. [Claridades, A., Compilation of Notes, 20012006]. Ignorantia facti excusat, ignorantia juris non excusat. Lat. Ignorance of fact excuses, ignorance of the law does not excuse. [Moreno’s Law Dict., 2000 Ed., p. 214].
Ignorantia legis neminem excusat. Lat. Ignorance of the law excuses no one from compliance therewith. [Art. 3, CC]. Ihram. The state of ritual consecration of a person while on pilgrimage to Mecca. [Art. 7, PD 1083]. Illegal assemblies. Crim. Law. The felony committed by the organizers or leaders
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
524 of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the REV. PENAL CODE, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. [Art. 146, RPC, as reinstated by EO 187].
by: 1. any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law; or 2. any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit. [Art. 199, RPC].
Illegal associations. Crim. Law. The felony committed by the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under the Rev. Penal Code or for some purpose contrary to public morals. [Art. 147, RPC, as reinstated by EO 187].
Illegal detainer. It consists in withholding by a person from another of the possession of a land or building to which the latter is entitled after the expiration or termination of the former's right to hold possession by virtue of a contract, express or implied. [De Leon v. CA, GR 96107. June 19, 1995]. Also known as Unlawful detainer.
Illegal betting on horse race. Crim. Law. The felony committed by any person who, except during the period allowed by law, shall be on horse races, or by any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom. [Art. 198, RPC].
Illegal detention. The deprivation by a private person of the liberty of another without any legal ground. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 323]. Compare with Arbitrary detention.
Illegal cockfighting. Crim. Law. The felony committed
Illegal detention. Elements, as defined in Art. 267 of the Rev. Penal Code: (a) That the offender is a private individual; (b) that he kidnaps or detains another, or in any other manner
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
525 deprives the latter of his liberty; (c) that the act of detention or kidnapping must be illegal; and (d) in the commission of the offense, any of the following circumstances is present: (1) that the kidnapping or detention last for more than 5 days; or (2) that it is committed simulating public authority; or (3) that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (4) that the person kidnapped or detained is a minor, female, or a public officer. [People v. Mercado, GR L-65152. Aug. 30, 1984, citing Reyes, Rev. Penal Code (1975) Rev. Ed., Book II, p. 468]. Illegal fishing. The act of catching, taking or gathering, or causing to be caught, taken or gathered fish or fishery/aquatic products in Philippine waters with the use of explosives, obnoxious or poisonous substance, or by the use of electricity. [Sec. 33, PD 704, as amended by PD 1058]. Illegal numbers game. Any form illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots. [Sec. 2, RA 9287].
Illegal possession and use of false treasury or bank notes and other instruments of credit. Crim. Law. The felony committed by any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this Sec. 2, Chap. 1, Title 4 of the Rev. Penal Code, shall suffer the penalty next lower in degree than that prescribed in said articles. [Art. 168, RPC]. Illegal possession and use of false treasury or bank notes and other instruments of credit. Crim. Law. Elements: (a) Possession with guilty knowledge that the checks were falsified (animus possidendi); and (b) fraudulent intent to use or utter the same. [Reyes v. CA, GR 36391-92. Mar. 9, 1989, citing Art. 168, RPC]. Illegal possession of firearms. Crim. Law. Elements: (a) the existence of the subject firearm and (b) the fact that the accused who owned or possessed it does not have the corresponding license or permit to possess the same. [People v. Solayao, GR 119220, Sep. 20, 1996]. Illegal possession of opium pipe or other
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
526 paraphernalia for the use of any prohibited drug. Crim. Law. The felony committed by any person who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or any prohibited drug. [Art. 193, RPC]. Illegal possession of prohibited drugs. Crim. Law. Elements: (a) The occupancy or taking of prohibited drugs; and (b) the intent to possess the same. [Moreno’s Law Dict., 2000 Ed., p. 215]. Illegal possession of prohibited drugs. Crim. Law. Requisites: (a) The accused was found in possession of a prohibited drug; and (b) he was not authorized by law to possess the same. [Moreno’s Law Dict., 2000 Ed., p. 215]. Illegal recruitment. Any recruitment activities, including the prohibited practices enumerated under Art. 34 of the Labor Code, to be undertaken by nonlicensees or non-holders of authority. [Art. 38, LC]. Illegal recruitment. Elements: (a) The person charged with the crime must have undertaken recruitment activities (or any
of the activities enumerated in Art. 34 of the Labor Code, as amended); and (b) said person does not have a license or authority to do so. [People v. Cabacang, GR 113917. July 17, 1995]. Illegal recruitment by a syndicate. Recruitment unlawfully carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the Labor Code. [People v. Taguba, GR 95207-17. Jan. 10, 1994, citing PD 2018]. Illegal recruitment in large scale. Recruitment unlawfully committed against three (3) or more persons individually or as a group. [People v. Taguba, GR 95207-17. Jan. 10, 1994, citing PD 2018]. Illegal recruitment in large scale. Elements: (a) That the offender engages in the recruitment and placement of workers as defined in Art. 13(b) of the Labor Code or in any prohibited activities under Art. 34 of the same Code; (b) that the offender does not have a license or authority to recruit and deploy workers, either locally or overseas; and (c) that the offender commits
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
527 the same against three (3) or more persons, individually or as a group. [People v. Bautista, GR 113547, Feb. 9, 1995, 241 SCRA 216; People v. Coronacion, GR 97845, Sep. 29, 1994, 237 SCRA 227]. Illegal sale of dangerous drugs. Elements: (a) Identity of the buyer and the seller, the object, and consideration; and (b) the delivery of the thing sold and the payment therefor. [People v. Zervoulakos, GR 103975. Feb. 23, 1995]. Illegal sale of drug. A crime committed as soon as the sale transaction is consummated, whether payment precedes or follows delivery of the drug sold. [People v. Ponsica, GR 108176. Feb. 14, 1994]. Illegal sale of marijuana. Elements: (a) the identity of the buyer and the seller, the object, and consideration; and (b) the delivery of the thing sold and the payment therefor. [People v. Esguerra, 221 SCRA 261 (1993); People v. Rumeral, 200 SCRA 194 (1991)]. Illegal trading in petroleum and/or petroleum products. The sale or distribution of petroleum products for profit without license or authority from the
Government; non-issuance of receipts by licensed traders; misrepresentation as to quality and/or quantity; and sale by oil companies, distributors and/or dealers violative of government rules and regulations. [Sec. 3, BP 33]. Illegal trafficking. The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical. [Sec 3, RA 9165]. Illegal use of public funds or property. Crim. Law. The felony committed by any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance. [Art. 220, RPC]. Illegal use of uniforms or insignia. Crim. Law. The felony committed by any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member. [Art. 179, RPC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
528 Illegitimate children. 1. Children conceived and born outside a valid marriage, unless otherwise provided in the Family Code. [Art. 165, FC]. 2. Children born of void marriages under Arts. 35, 37 and 38 of the Family Code. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 197]. Compare with Legitimate children. Ill-gotten. Acquired through or as a result of improper or illegal use of or the conversion of funds belonging to the Government or any of its branches, instrumentalities, enterprises, banks or financial institutions, or by taking undue advantage of official position, authority, relationship, connection or influence, resulting in unjust enrichment of the ostensible owner and grave damage and prejudice to the State. [Bataan Shipyard Eng’g. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Ill-gotten property. Property acquired through or as a result of improper or illegal use of or the conversion of funds belonging to the Government or any of its branches, instrumentalities, enterprises, banks or financial institutions, or by taking undue advantage of official position, authority, relationship, connection or
influence, resulting in unjust enrichment of the ostensible owner and grave damage and prejudice to the State. [Bataan Shipyard Eng’g. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Ill-gotten wealth. Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: (a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; (c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries; (d) by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
529 obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking; (e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (f) by taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. [Sec. 1, RA 7080]. Illiteracy. Lack of instruction and low intelligence. [Suarez, Intro. to Law, 1995 3rd Ed., p. 193].
Imbecile. defective
Imbecility. A form of mental disease consisting in mental deficiency either congenital or resulting from an obstacle to the development of the faculties supervening in infancy. [People v. Race, GR 93143. Aug. 4, 1992]. Immaterial. Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. [Black’s Law Dict., Abr. 5th Ed. (1983), 381].
Mohammedan
Immaterial evidence. Evidence which lacks probative weight and is unlikely to influence the tribunal in resolving the issue before it. Such evidence is commonly objected to by opposing counsel, and disallowed by the court. [Black’s Law Dict., Abr. 5th Ed. (1983), 381].
A mentally person of the
Immaterial fact. An offered evidential fact which is excluded by some rules of
Illusion. Legal Med. A false interpretation of an external stimulus. [Olarte, Legal Med., 1st Ed. (2004), p. 146]. Compare with Hallucination. Imam. See Imam.
second lowest order of intellectual potential (mental age between 3 and 7 years), usually requiring custodial and complete protective care. [People v. Race, GR 93143. Aug. 4, 1992, citing Miller & Keane, Encyc. & Dict. of Medicine & Nursing, 1972, p. 470].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
530 evidence, no matter what the rule. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. Immediate accountability. The accountability of a person in possession of or having custody of supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Immediate cause. The cause of consideration nearest to the time and place of injury. [Moreno’s Law Dict., 2000 Ed., p. 217]. Immediate container. The container or package which is immediately after or near the substance but does not include package liners. [Art. 4, RA 7394]. Immediate farm household. The members of the family of the lessee or lessor and other persons who are dependent upon him for support and who usually help him in his activities. [Sec. 166, RA 3844]. Immediately. Without interval of time; without delay. [Juan v. Musñgi, GR L76053. Oct. 27, 1987, citing Webster's 3rd New Intl. Dict.]. Immediate members of family of the lessee or lessor. For purposes of
repossessing the leased promises, the spouse, direct descendants or ascendants, by consanguinity or affinity, of the lessee or lessor. [Sec.4, RA 9161]. Immediate provocation. Absence of interval of time between the provocation and the commission of the crime. [Moreno’s Law Dict., 2000 Ed., p. 217]. Immediate supervisor. One who occupies the first level of supervision over a subordinate and who assigns, directs, supervises and reviews the work of the latter. [Sec. 3, PD 985]. Immediate vindication of a grave offense. An act committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degree. [People v. Capalac, GR L-38297. Oct. 23, 1982, citing Art. RPC]. Immemorial. Beyond the reach of memory, beyond human memory, or time out of mind. [Dir. of Lands v. Buyco, GR 91189. Nov. 27, 1992].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
531 Immemorial possession. It means possession of which no man living has seen the beginning, and the existence of which he has learned from his elders. [Susi v. Razon, 48 Phil. 424 (1925), citing Art. 766 of the Civil Code of Louisiana]. Immigrant. 1. Any alien departing from any place outside the Philippines destined for the Philippines, other than a nonimmigrant. [Sec. 50 (j), CA 613]. 2. An alien who comes to this country either to reside permanently or for a limited duration. [Chang Yung Fa v. Gianzon, GR L-7785. Nov. 25, 1955]. Immigrants. 1. A person who moves into a country for the purpose of permanent residence. [Cascante v. Comelec, GR 88831. Nov. 8, 1990]. 2. Persons who come into a foreign country or region to live. [Glossary of Legal Terms (Pro-Se), 2004]. Immigration. 1. The removing into one place from another; the act of immigrating, the entering into a country with the intention of residing in it. [Cascante v. Comelec, GR 88831. Nov. 8, 1990]. 2. The entry of foreign persons into a country to live permanently. [Glossary of Legal Terms (Pro-Se), 2004].
Imminently hazardous product. A consumer product which presents an unreasonable risk of death, serious illness or severe personal injury. [Art. 4, RA 7394]. Imminent unlawful aggression. Crim. Law. An attack that is impending or at the point of happening. It must not consist in mere threatening attitude nor must it be merely imaginary. The intimidating attitude must be offensive and positively strong, for example, aiming a revolver at another with intent to shoot him, or opening a knife and making a motion as if to attack. [Moreno’s Law Dict., 2000 Ed., p. 218]. Immoral conduct. That conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. [Phil. Law Dict., 3rd Ed., p. 447, citing Arciga v. Maniwang, 106 SCRA 594, Aug. 14, 1981]. Immoral doctrines. Crim. Law. The felony committed by those who shall publicly expound or proclaim doctrines openly contrary to public morals. [Art. 201, RPC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
532 Immorality. Conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, and dissoluteness; or is willful, flagrant, or shameless conduct showing moral indifference to opinions of respectable members of the community, and as an inconsiderate attitude toward good order and public welfare. [Alfonso v. Juanson, AM RTJ-92-904. Dec. 7, 1993, citing Black's Law Dict., 6th Ed., 1990, 751]. Immovable. Property. Object which can be moved from place to place without injury. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 12]. Immovable property. The following are immovable property: (a) Land, buildings, roads and constructions of all kinds adhered to the soil; (b) trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (c) everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (d) statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the
owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (e) machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; (f) animal houses, pigeonhouses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; (g) fertilizer actually used on a piece of land; (h) mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (i) docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; (j) contracts for public works, and servitudes and other real rights over immovable property. [Art. 415, CC]. Immovables by analogy or law. Property. Those mentioned in par. 10, of Art.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
533 415 of the Civil Code, viz: contracts for public works, and servitudes and other real rights over immovable property. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 13]. Immovables by destination. Property. Those which are essentially movables, but by the purpose for which they have been placed in an immovable, partake of the nature of the latter because of the added utility derived therefrom, such as those mentioned in pars. 4, 5, 6, 7, and 9 of Art. 415 of the Civil Code. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 13]. Immovables by incorporation. Property. Those which are essentially movables, but are attached to an immovable in such manner as to be an integral part thereof, such as the things (except lands, buildings, and roads) mentioned in pars. 1, 2, 3, 4 and 6 of Art. 415 of the Civil Code. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 13]. Immovables by nature. Property. Those which cannot be moved from place to place, such as land, mentioned in par. 1, and mines, quarries, and slag
dumps, mentioned in par. 8 of Art. 415 of the Civil Code. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 13]. Immunity. 1. An exemption that a person (individual or corporate) enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil. [Duhaime's Legal Dict., 2004]. 2. Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence. [Glossary of Legal Terms (Pro-Se), 2004]. Immunity of state from suit. One of the universally recognized principles in international law which is commonly understood as an exemption of the state and its organs from the judicial jurisdiction of another state. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994, citing Henkin, Pugh, Schachter, Smit, Intl. Law, Cases and Materials, 2nd Ed., p. 898]. Immutability of a final and executory judgment rule. 1. A rule that after judgment has become final, no additions can be made thereto, and nothing can be done therewith except its execution; otherwise, there would be no end to litigations, thus setting at
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
534 naught the main role of courts of justice, which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality. [Javier v. CA, GR 100777. July 21, 1993]. 2. The absolute rule that after a judgment becomes final, by the expiration of the period provided by the rules within which it so becomes, no further amendment or correction can be made by the court except for clerical errors or mistakes. [Marasigan v. Ronquillo, GR L-5810, Jan. 18, 1954, 94 Phil 237]. Immutability of status doctrine. The theory that the status of a child, i.e., his legitimacy, etc. is not affected by any subsequent change in the nationality of the parents. However, the national law of the parents will be changed should they effect a change of nationality: the rights and obligations of parents and child will now be determined by the new national law. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 306]. Impact of taxation. That point on which a tax is originally imposed. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53].
Impairment. Any loss, diminution or aberration of psychological, physiological, or anatomical structure or function. [Sec. 4, RA 7277]. Impairment of obligation of contract. 1. This occurs when the terms or conditions of a contract are changed by law or by a party without the consent of the other, thereby weakening the position or rights of the latter. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 35, citing Edwards v. Kearney, 96 US 607]. 2. In general, any enactment of a legislative character which attempts to take from a party a right to which he is entitled by its terms, or which deprives him of the means of enforcing such a right. But it may be said in general that a law which does not strike at the vitality of a contract either by altering its terms or preventing its preservation and enforcement does not impair its obligation. [Govt. of the Phil. V. Visayan Surety, GR 46193. Oct. 10, 1938, citing 12 CJ, 1056]. Impasse. Within the meaning of the labor laws, the word presupposes reasonable effort at good faith bargaining which, despite noble intentions, does not conclude in agreement between the parties. [Divine Word Univ. of Tacloban v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
535 Sec. of Labor and Employment, GR 91915. Sep. 11, 1992, citing NLRB v. Bancroft, 635 F.2d 492 (1981)].
as of apparel or furniture, serving to equip." [Belen v. De Leon, GR L-16412. Nov. 30, 1962, citing Webster, Intl. Dict.].
Impeach. To discredit the witness’s testimony. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 208].
Implication doctrine. See Doctrine of implication.
Impeachment. A criminal proceeding against a public official. [Glossary of Legal Terms (Pro-Se), 2004]. Impeachment of a witness. An attack on the credibility (believability) of a witness, through evidence introduced for that purpose. [Glossary of Legal Terms (Pro-Se), 2004]. Imperfect disinheritance. See Ineffective disinheritance. Imperium. Lat. 1. The government authority possessed by the State. [Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR 135385, Dec. 6, 2000]. 2. The authority possessed by the state embraced in the concept of sovereignty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 29]. Compare with Dominium. Implement. From the Latin word "implementum.” To fill up or to complete. Its meaning includes an "article,
Implied acceptance. Sales. Acceptance of the goods is impliedly made by the buyer when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them. [Art. 1585, CC]. Implied acceptance of services. The acceptance by a person of services without first repudiating the express terms and conditions upon which those services are rendered which is held to be an acceptance of such services under an implied contract to pay therefor the amount stipulated by the other party at the time when they were rendered. [Sellner v. Conzales, GR 8415. Dec. 18, 1914].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
536 Implied agency. Agency implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority. [Art. 1869, CC]. Implied consent. Pol. Law. The consent of the state to be sued implied from the very act of entering into a contract, because by entering into such contract the sovereign state has descended to the level of the citizen. [Santos v. Santos, GR L-4699. Nov. 26, 1952]. Compare with Express consent. Implied conspiracy. A conspiracy which may be inferred though no actual meeting among them to concert means is proved, if it is proved that two or more persons aimed by their acts towards the accomplishment of the same unlawful object, each doing a part so that their acts, though apparently independent were in fact connected and cooperative, indicating closeness of personal association and concurrence of sentiment. [Orodio v. CA, Sep. 13, 1988, GR 57519]. Implied contract. A contract not created or evidenced by the explicit agreement of the
parties but one inferred by law; as the use of electric power in one’s home implies a contract with the light company. [Glossary of Legal Terms (Pro-Se), 2004]. Implied municipal liability. This doctrine which applies to all cases where money or other property of a party is received under such circumstances that the general law, independent of express contract implies an obligation upon the municipality to do justice with respect to the same. [38 Am. Jur. Sec. 515, p. 193]. Implied novation. A novation arising from incompatibility of the old and new obligations, (which) change must refer to the object, the cause, or the principal conditions of the obligation. [Young v. CA, GR 83271. May 8, 1991]. Implied pardon. There is implied pardon when the offended party continued to live with his spouse even after the commission of the offense. However such consent or pardon cannot be implied when the offended party allows his wife to continue living in the conjugal home after her arrest only in order to take care of their children. [Ligtas v. CA, GR L-47498. May 7,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
537 1987, citing People v. Boca (CA) O.G. 2248]. Compare with Express pardon. Implied permission. Ins. In contemplation of a car insurance policy, any act done consistent with the risk insured against and which, although done without the prior express consent or permission of the owner, would have been permitted had the car owner known about it. [Moreno’s Law Dict., 2000 Ed., p. 219]. Implied powers doctrine. Doctrine that holds that, in determining the rights and duties possessed by an organization, a court must look to the purposes and functions specified in its charter and developed in practice. [Intl. Law Dict. & Direct., 2004]. Implied ratification. Tacit ratification.
Implied trust. Also Resulting trust. Requisites: (a) That two or more persons agree to purchase a property and (b) that they consent that one should take the title in his name for everyone's benefit. [Nito v. CA, GR 102657. Aug. 9, 1993]. Implied trusts. 1. Trusts that come into being by operation of law. [Art. 1441, CC]. 2. Those trusts which, without being express, are deducible from the nature of the transaction as matters of intent, or which are superinduced on the transaction by operation of law as matters of equity, independently of the particular intention of the parties. [O'laco v. Co Cho Chit, GR 58010. Mar. 31, 1993]. Compare with Express trusts.
See
Implied repeal. Stat. Con. Where there is irreconcilable repugnance between two legal provisions, there is an implied repeal of the first statute because the inconsistency between the two laws is so clear and definite that one cannot stand together with the other. [Garcia v. Mata, GR L33713. July 30, 1975]. Compared with Express repeal.
Implied warranties. Mar. Ins. The following warranties are implied in marine insurance: (a) That the ship is seaworthy to make the voyage and/or to take in certain cargoes; (b) that the ship shall not deviate from the voyage insured; (c) that the ship shall carry the necessary documents to show nationality or neutrality and that it will not carry documents which will cast reasonable suspicion thereon; (d) that the ship
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
538 shall not carry contraband, especially if it is making a voyage through belligerent waters. [Suggested Answer for the 2000 Bar, UPLC, (2002), p. 8]. Implied warranty as to quality or fitness. Sales. The warranty implying that the goods shall be reasonably fit for such purpose in case the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not). [Art. 1562, CC]. Implied warranty of merchantability. Sales. The warranty implying that the goods shall be of merchantable quality in case the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not). [Art. 1562, CC]. Implied warranty of seaworthiness. Mar. Ins. A warranty in every marine insurance upon a ship or freight, or freightage, or upon any thing which is the subject of marine insurance, implying that the ship is seaworthy. [Sec. 113, IC].
Implied warranty of title. A covenant for quiet enjoyment. [Moreno’s Law Dict., 2000 Ed., p. 220]. Import. 1. To bring into the Philippines by sea, land or air. [Sec. 6, EO 175, May 22, 1987]. 2. To bring in with intent to land. [Lichauco & Company v. Apostol, GR 19628. Dec. 4, 1922, citing Words and Phrases, Vol. IV, p. 3438]. Important cultural properties. Cultural properties which have been singled out from among the innumerable cultural properties as having exceptional historical and cultural significance to the Philippines but are not sufficiently outstanding to merit the classification of national cultural treasures. [Joya v. PCGG, GR 96541. Aug. 24, 1993, citing Sec. 2(b), RA 4846, as amended]. Importation. 1. The direct purchase, lease or charter of newly constructed or previously owned ships, or the purchase of ship's spare parts from foreign sources or from registered enterprises operating in special economic zones as this terms is defined in RA 7916 entitled, The Special Economic Zone Act of 1995. [Sec. 3, RA 9295]. 2.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
539 Bringing into some port, harbor, or haven, with an intent to land the goods there. It takes place when the vessel arrives at a port of entry, intending there to discharge her cargo. [Lichauco & Company v. Apostol, GR 19628. Dec. 4, 1922, citing Words and Phrases, Vol. IV, p. 3438]. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. Crim. Law. The felony committed by any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys. [Art. 187, RPC]. Importation and sale of prohibited drugs. Crim. Law. The felony committed by any person who shall import or bring into the Philippines any prohibited drug, or by any person who shall unlawfully sell or deliver to another prohibited drug. [Art. 192, RPC]. Importation, possession tickets
sale and of lottery or
advertisements. Crim. Law. The felony committed by any person who shall import into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the same, or any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same. [Art. 196, RPC]. Import permit. A permit authorizing an individual to bring in wildlife from another country. [Sec. 5, RA 9147]. Import quota. The total value of any item of import allowed for entry into the Philippines for any specified period. [Sec. 1, RA 426]. Impossibility of performance. Legal or physical impossibility of performing an obligation to do without the debtor’s fault (and which) extinguishes the obligation. [Ancheta, The Law on Obligations and Contracts, Rev. Ed., p. 98]. Impossibilium nulla obligatio est. Lat. There is no obligation to do impossible things. [Lim Co
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
540 Chui v. Posadas, 47 Phil., pp. 462, 463]. Impossible condition. 1. A condition which is not capable of fulfillment, legally or physically. [Diaz, Bus. Law Rev., 1991 Ed., p. 10-11]. 2. A condition that is not possible of realization because it is contrary to either physical, juridical or moral laws. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 211]. Impossible crime. 1. An act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. [Art. 4, RPC]. 2. An offense by which the person intending to commit it has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him. [Art. 59, RPC]. Impost. The term also signifies any tax, tribute or duty, but it is seldom applied
to any but the indirect taxes. [Garcia v. Exec. Sec., GR 101273. July 3, 1992, citing Cooley, on Taxation, p. 3]. Impotence. 1. The physical incapability of a contracting party of consummating a marriage. [Nolledo, The Fam. Code of the Phil. Annotated. 2000 Rev. Ed., p. 79]. 2. The inability of the male organ to copulation, to perform its proper function. [Macadangdang v. CA, GR L49542. Sep. 12, 1980, citing Bouvier's Law Dict., p. 514]. See Erectile Dysfunction. Impotency. The physical inability to have sexual intercourse. [Menciano v. San Jose (89 Phil. 63)]. It is not synonymous with sterility. Sterility refers to the inability to procreate, whereas, impotence refers to the physical inability to perform the act of sexual intercourse. [Macadangdang v. CA, GR L-49542. Sep. 12, 1980]. Impotentia coeundi. Lat. Inability to do the sexual act. [People v. Olmedillo, GR L42660. Aug. 30, 1982]. Impotentia erigendi. Lat. Inability to have an erection. [People v. Olmedillo, GR L42660. Aug. 30, 1982]. Impotentia excusat legem. Lat. Impossibility dispenses
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
541 with law. [Moreno’s Law Dict., 2000 Ed., p. 221]. Impoundment. The refusal by the President, for whatever reason, to spend funds made available by Congress. It is the failure to spend or obligate budget authority of any type [Phil. Const. Assoc. v. Enriquez, GR 113105. Aug. 19, 1994, citing Impoundment of Funds, 86 Harvard Law Review 1505 (1973)]. Imprisonment for life. It is not the same as "life imprisonment." For one thing, the proper penalty is "life imprisonment." And secondly, the impression created when the phrase "imprisonment for life" is used is that the convict will stay in prison for the rest of his natural life. The proper penalty is "life imprisonment. [People v. Lucero, GR 84656. Jan. 4, 1994]. Improbable evidence. Evidence which imputes to the parties to a transaction occurring in the ordinary course of business, conduct inconsistent with the principles by which men, similarly situated, are usually governed. [Moreno’s Law Dict., 2000 Ed., p. 221]. Improperly accumulated taxable income. Taxable
income adjusted by: (a) income exempt from tax; (b) income excluded from gross income; (c) income subject to final tax; and (d) the amount of net operating loss carry-over deducted; and reduced by the sum of: (a) dividends actually or constructively paid; and (b) income tax paid for the taxable year. [Sec. 27, NIRC, as amended]. Improvement. A valuable addition made to property or an amelioration in its condition amounting to more than mere repairs intended to enhance its value, beauty or utility or to adopt it for new or further purposes. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Improvements. 1. All types of buildings and residential units, walls, fences, structures or constructions of all kinds of a fixed character or which are adhered to the soil but shall not include trees, plants and growing fruits, and other fixtures that are mere superimpositions on the land, and the value of improvements shall not be less than fifty percent (50%) of the assessed value of the property. [Sec. 3, RA 7279]. 2. A valuable addition made to property or an amelioration in its condition, amounting to more than
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
542 more repairs or replacement of waste, costing labor or capital, and intended to enhance its value, beauty or utility or to adapt it for new or further purposes. [Sec. 3, PD 464]. Imprudence and negligence. Crim. Law. The felony committed by any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, or would have constituted a less grave felony or a light felony, or by any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, or would have constituted a less serious felony, or when the execution of the act covered by Art. 365 of the Rev. Penal Code shall have only resulted in damage to the property of another, or by any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. [Art. 365, RPC]. Impulse. Also Compulsion. Legal Med. A sudden and irresistible force compelling a person to the conscious performance of some action without motive or forethought. [Olarte, Legal
Med., 1st Ed. (2004), pp. 150151]. Impulse of an uncontrollable fear of an equal or greater injury. The duress, force, fear or intimidation that must be present, imminent and impending and of such a nature as to induce a wellgrounded apprehension of death or serious bodily harm if the act is not done. A threat of future injury is not enough. The compulsion must be of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. [People v. Loreno (130 SCRA 311)]. Impuris manibus nemo accedat curiam. Lat. Let no one come to court with unclean hands. [Moreno’s Law Dict., 2000 Ed., p. 222]. Imputation. Succ. A mathematical process of determining whether the value of donation can be contained in the legitime or disposable portion, as the case may be, or not. Its purpose is to determine whether the donation is inofficious or not. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 317]. Impute. From Lat. imputare: to charge. To attribute
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
543 something done by one person, as a crime or a fault, to another. [Intl. Law Dict. & Direct., 2004].
Incarceration. Imprisonment in a jail or penitentiary. [Glossary of Legal Terms (Pro-Se), 2004].
Imputed negligence doctrine. See Vicarious liability doctrine.
Incest. Legal Med. Sexual relations between persons who are relatives by blood. [Olarte, Legal Med., 1st Ed. (2004), p. 114].
Inadequate judgment. See Incomplete judgment. Inadmissible. That which, under the rules of evidence, cannot be admitted or received as evidence. [Glossary of Legal Terms (Pro-Se), 2004]. In any manner contravene the tenor of the obligation. The phrase in Art. 1170 of the Civil Code, includes any illicit task which impairs the strict and faithful fulfillment of the obligation, or every kind of defective performance. [Arrieta v. Natl. Rice and Corn Corp., GR L-15645. Jan. 31, 1964]. Incapacity. 1. The lack of physical or intellectual power or of natural or legal qualification. [Luciano v. Prov. Governor, GR L-30306. June 20, 1969, citing Webster's 3rd New Intl. Dict., 1964 Ed., p. 1141]. 2. Lack of legal ability to act; disability, incompetence; lack of adequate power. [Glossary of Legal Terms (Pro-Se), 2004].
Incestuous marriages. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate: (a) between ascendants and descendants of any degree; and (b) between brothers and sisters, whether of the full or half blood. [Art. 37, FC]. Incet ipsa per se aequitas. Lat. Equity shines by her own right. [Moreno’s Law Dict., 2000 Ed., p. 223]. Inchamaree clause. Mar. Ins. A clause which makes the insurer liable for loss or damage to the hull or machinery arising from the (a) negligence of the captain, engineers, etc.; (b) explosions, breakage of shafts; and (c) latent defect of machinery or hull. Inchoate. From Lat. inchoare: to start work on. Begun, but not completed; imperfectly
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
544 formed or developed. [Intl. Law Dict. & Direct., 2004]. Incidence of taxation. That point on which the tax burden finally rests or settles down. It takes place when shifting has been effected from the statutory taxpayer to another or someone else who cannot pass on the burden further. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53]. Incident. Anything which is inseparably belongs to, or is connected with, or inherent in, another thing, called the principal. Anything which is usually connected with another, or connected for some purposes, though not inseparably. [Malaloan v. CA, GR 104879. May 6, 1994, citing Black's Law Dict. 79 (5th Ed. 1979)]. Incidental fraud. Also Dolo incidente. 1. Fraud in the performance of a preexisting obligation. It is the deliberate act to evade the proper performance of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 8]. 2. Those deceptions or misrepresentations which are not serious in character and without which the other party would still have entered into the contract. [Geraldez v. CA, GR 108253. Feb. 23, 1994, citing Art. 1344, CC].
Incident in the main case. It presupposes a main case which, perforce, must be within the court's jurisdiction. [GR 104879. May 6, 1994. Malaloan v. CA]. Inciting a rebellion or insurrection. Crim. Law. The felony committed by any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in Art. 134 of the Rev. Penal Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. [Art. 138, RPC, as reinstated by EO 187]. Inciting to sedition. Crim. Law. The felony committed by any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
545 against the Government of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. [Art. 142, RPC, as reinstated by EO 187]. Inciting to war or giving motives for reprisals. Crim. Law. The felony committed by any public officer or employee, and any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippines or exposes Filipino citizens to reprisals on their persons or property. [Art. 118, RPC]. Inclement weather. It shall mean that a typhoon signal is raised in the locality. [Sec. 3, RA 8491]. Inclusio unius est exclusio alterius. Lat. The inclusion
of one is the exclusion of the other. [People v. City Court of Silay, GR L-43790. Dec. 9, 1976]. Income. 1. All revenues and receipts collected or received, forming the gross accretions of funds of the Government. [Sec. 14, PD 477]. 2. An amount of money coming to a person or corporation within a specified time, whether as payment for services, interest or profit from investment. Unless otherwise specified, it means cash or its equivalent. Income can also be thought of as a flow of the fruits of one's labor. [Conwi v. CA, GR L-48532. Aug. 31, 1992]. 3. A flow of services rendered by that capital by the payment of money from it or any other benefit rendered by a fund of capital in relation to such fund through a period of time. [Madrigal v. Rafferty, 38 Phil. 414, Aug. 7, 1918]. Income bonds. Corp. Law. Bonds which may not be secured payable out of the net profits of the issuing corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Income tax. 1. Tax on all yearly profits arising from property, professions, trades or offices, or as a tax on a person’s income,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
546 emoluments, profits and the like. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 1, citing 61 CJS 1559]. 2. Tax on a person's income and profits. [Intl. Law Dict. & Direct., 2004]. Incompatible offices. Pol. Law. Offices the duties and functions of which are inherently inconsistent and repugnant, so that because of the contrariety and antagonism which would result from the attempt of one person to discharge faithfully, impartially, and efficiently the duties of both offices, considerations of public policy render it improper for an incumbent to retain both. [Punsalan v. Mendoza, GR L-69576. Nov. 19, 1985, citing 63 Am. Jur. 2d. 73]. Incompetence. Lack of ability, legal qualification or fitness to discharge the required duty . . . want of physical or intellectual or moral fitness. [Homecillo, Carmelito V., CSC Res. 970792, Jan. 28, 1997]. Incompetency. The manifest lack of adequate ability and fitness for the satisfactory performance of official duties by reason of the officer's vice or vicious habits. This has reference to any physical, moral or intellectual quality the lack
of which substantially incapacitates one to perform the duties of a peace or public safety officer. [Sec. 8, PD 971]. Incompetent evidence. Evidence which is not admissible under the established rules of evidence. Evidence which the law does not permit to be presented at all, or in relation to the particular matter, on account of lack of originality or of some defect in the witness, the document, or the nature of the evidence itself. [Black’s Law Dict., Abr. 5th Ed. (1983), 391]. Incompetents. 1. Persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to communicate, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation. 2. Persons who lack ability, legal qualification, or fitness to manage their own affairs.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
547 [Glossary of Legal (Pro-Se), 2004].
Terms
Incompetent witness. An offered witness who is not qualified under the rules of testimonial evidence. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. Incomplete instrument not delivered. Nego Inst. Law. An incomplete instrument which has not been delivered, and which will not, if completed and negotiated without authority, be a valid contract in the hands of any holder, as against any person whose signature was placed thereon before delivery. [Sec. 15, NIL]. Incomplete judgment. 1. A judgment which directs that a party be reimbursed his actual litigation expenses without determination of such amount, where no trial was held in the lower court which had wrongly dismissed her complaint. To fully dispose of the controversy, the judgment should provide for the remand of the case to the lower court only for the purpose of fixing and determining the amount of such actual litigation expenses, without prejudice to the parties coming to an agreement as to a mutually acceptable amount to be paid to the petitioner by way of reimbursement. [Lina v.
Purisima, GR L-39380. Apr. 14, 1978]. 2. A judgment which has not decided what ought to be decided is incapable of becoming final; immutability for purposes of execution does not attach to a judgment that is materially equivocal or which suffers from either patent or latent ambiguity. [Hernandez v. Colayco, GR L-39800. June 27, 1975]. Also Inadequate judgment. Incomplete justification. Crim. Law. A special or privileged mitigating circumstance, which, not only can not be offset by aggravating circumstances but also reduces the penalty by one or two degrees than that prescribed by law. [Lacanilao v. CA, GR L34940. June 27, 1988]. Incontestability clause. An agreement in an insurance policy by which the insurance company limit the period of time in which it will interpose objections to the validity of the policy or set up any defense. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 52-53]. Incorporate union. Intl. Law. A union of two or more states under a central authority empowered to direct both their internal and external affairs and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
548 possessed of international personality. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Incorporation by reference. The incorporation into a will, duly executed and witnessed according to statutory requirements, by an appropriate reference a written paper or document which is in existence at the time of the execution of the will, irrespective of whether such document is one executed by the testator or a third person, whether it is in and of itself a valid instrument, provided the document referred to is identified by clear and satisfactory proof. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 114, citing 57 Am. Jur. Sec. 233, p. 193]. Incorporation doctrine. Intl. Law. 1. As applied in most countries, the rules of international law are given a standing equal, not superior, to national legislative enactments. [Philip Morris v. CA, GR 91332. July 16, 1993, citing Salonga and Yap, Public Intl. Law, 4th Ed., 1974, p. 6]. 2. The doctrine that holds that customary international law is part of domestic law to the extent it is not inconsistent. [Intl. Law Dict. & Direct., 2004]. 3. The doctrine that postulates that the generally accepted
principles of international law are automatically incorporated in the municipal law of each state upon its admission to the family of nations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 8]. Compare with Transformation doctrine. Incorporation rule. The rule that the nationality of a corporation is that of the State under whose laws such corporation was organized. [Diaz, Bus. Law Rev., 1991 Ed., p. 245]. Compare with Control test. Incorporators. Those stockholders or members mentioned in the articles of incorporation as originally forming and composing the corporation and who are signatories thereof. [Sec. 5, Corp. Code]. Incorporeal. Legal rights which are intangible such as copyrights or patents. [Duhaime's Legal Dict., 2004]. Increased risk theory. The rule that in order for the employee to be entitled to sickness or death benefits, the sickness or death resulting therefrom must be, or must have resulted from any illness caused by employment subject to proof that the risk of contracting the same is increased by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
549 working conditions. [Librea v. ECC, GR L-58879. Nov. 14, 1991, citing Art. 167(I) of PD 626, as amended, and Sec. 1(b) of the amended Rules on Employees' Compensation]. Incremental penalty. Crim. Law. An additional penalty of fine based on the value of the gain obtained by the accused on top of the principal penalty, which is that incurred for the acts of violence. [People v. Alfeche, Jr. GR 102070. July 23, 1992, citing Art. 312, RPC]. Incriminating innocent person. Crim. Law. The felony committed by any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime. [Art. 363, RPC]. Incumbent. A person who is in present possession of an office. [Tejada v. Domingo GR 91860, 205 SCRA 138 (1992) quoting Black's Law Dict., 5th Ed., 691]. In custodia legis. Subjected to the official custody of a judicial executive officer in pursuance of his execution of a legal writ. [Claridades, A., Compilation of Notes, 2001-2006]. Also Custodia legis.
In custody investigation. See Custodial investigation. Indebtedness. An unconditional and legally enforceable obligation for the payment of money. [Comm. of Int. Rev. v. Prieto, 109 Phil. 592, Sep. 30, 1960]. Indecency. An act against good behavior and just delicacy. [People v. Kottinger, GR 20569. Oct. 29, 1923]. Indecent exposure. Exhibitionism.
See
Indecent shows. Crim. Law. The felony committed by those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. [Art. 201, RPC, as amended by PD Nos. 960 and 969]. In default. (It contemplates a scenario where) one is declared in default due to his failure to file his answer to the complaint within the period required by the Rules of Court. [Jungco v. CA, GR 78051. Nov. 8, 1989]. Compare with As in default. Indefeasible. A right or title in property that cannot be made void, defeated or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
550 canceled by any past event, error or omission in the title. For example, certificates of title issued under a Torrens land titles system is said to be indefeasible because the government warrants that no interest burdens the title other than those on the certificate. [Duhaime's Legal Dict., 2004]. Indelible allegiance doctrine. Intl. Law. A doctrine under which an individual may be compelled to retain his original nationality notwithstanding that he has already renounced it under the laws of another state whose nationality he has acquired. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 104, citing Fenwick, 258]. Indemnification for damages. It comprehends not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. [Art. 2200, CC]. Indemnity. Payment made for a certain loss or damage. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 20]. Indemnity principle. Ins. The principle by which an insured is compensated for losses sustained and is placed as much as possible
in the same pecuniary position as he occupied immediately before the misfortune. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 20-21]. Indent. A purchase order for goods especially when sent from a foreign country. [Schmid & Oberly v. RJL Martinez Fishing Corp., GR 75198. Oct. 18, 1988, citing Webster's 9th New Collegiate Dict. 612 (1986)]. Indentor. One who, for compensation, acts as a middleman in bringing about a purchase and sale of goods between a foreign supplier and a local purchaser. [Schmid & Oberly v. RJL Martinez Fishing Corp., GR 75198. Oct. 18, 1988]. Independence. Intl. Law. 1. Also known as External sovereignty, it signifies the freedom of the state to control its own foreign affairs. [Sandoval, Pol. Law Reviewer 2003]. 2. The external manifestation of sovereignty, which also embraces power over internal matters. The power of a state to administer its external affairs without direction or interference from another state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 37].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
551 Independence principle. The principle by which the bank determines compliance with the letter of credit only by examining the shipping documents presented; it is precluded from determining whether the main contract is actually accomplished or not. [Bank of America, NT & SA v. CA, GR 105395. Dec. 10, 1993]. Independent adjuster. Any person, partnership, association or corporation which, for money, commission or any other thing of value, acts for or on behalf of an insurer in the adjusting of claims arising under insurance contracts or policies issued by such insurer. [Sec. 324, IC]. Independent Certified Public Accountant. An accountant who possesses the independence as defined in the rules and regulations of the Board of Accountancy promulgated pursuant to PD 692, otherwise known as the Revised Accountancy Law. [Sec. 232, NIRC, as amended]. Independent contractors. Persons, juridical or natural, who exercise independent employment, contracting to do a piece of work according to their own methods and without being subjected to control of their employer
except as to the result of their work. [Villuga v. NLRC, GR 75038. Aug. 23, 1993]. Independent power producer (IPP). 1. An existing power generating entity which is not owned by the government. [Sec. 4, RA 9136]. 2. Private investor engaged in power generation from coal-fired power plant, or any other energy sources (oil, hydro, geothermal etc.). [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Independent state. Intl. Law. 1. A state that has full freedom in the direction of its affairs, both domestic and foreign. It may either be simple or composite. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. 2. A state that is sovereign; one that operates independently internationally. [Intl. Law Dict. & Direct., 2004]. Compare with Dependent state. Indeterminate sentence. 1. A sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the Rev. Penal Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
552 the offense. [Sec. 1, Indeterminate Sentence Law]. 2. A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term. [Glossary of Legal Terms (Pro-Se), 2004]. Indeterminate Sentence Law. Act Numbered Four Thousand One hundred and Three (Act No. 4103, as amended) entitled “An Act to provide for an indeterminate sentence and parole for all persons convicted of certain crimes by the courts of the Phil. Islands; to create a Board of Indeterminate Sentence and to provide funds therefor; and for other purposes” enacted on Dec. 5, 1933. Indeterminate thing. Generic thing.
extracted, including cannabis americana, hashish, bhang, guaza, churrus and ganjah, and embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the pistillate plant, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever. [Sec. 2, RA 6425]. See Cannabis. Indicia. Lat. Signs; Indications. Circumstances which point to the existence of a given fact as probable, but not certain. The term is much used in civil law in a sense nearly or entirely synonymous with circumstantial evidence. It denotes facts which give rise to inferences, rather than the inferences themselves. [Black’s Law Dict., Abr. 5th Ed. (1983), 395].
See
Index animi sermo est. Lat. Speech is the index of intention. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701 (1992)]. Indian hemp. Also Marijuana. Every kind and class of the plant cannabis sativa L. from which the resin has not been
In diem. Lat. A term with a resolutory effect, until a certain day. [PCIB v. Excolin, GR L-27860 & L-27896. Mar. 29, 1974]. Compare with Ex die. Indigenous cultural community. 1. A group or tribe of indigenous Filipinos who have continuously lived as communities on communally-bounded and defined land since time
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
553 immemorial and have succeeded in preserving, maintaining, and sharing common bonds of languages, customs, traditions, and other distinctive cultural traits, and as may be defined and delineated by law. [Sec. 3, RA 7942]. 2. A group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits, and who have, since time immemorial, occupied, possessed and utilized a territory. [Sec. 4, RA 7586]. Indigenous cultural communities/ Indigenous peoples (ICCs/IPs). A group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the
majority of Filipinos. [Sec. 4, RA 8371]. Indigenous materials. Raw materials grown and/or produced in the Philippines. [Sec. 2, PD 2032]. Indigenous Peoples Rights Act of 1997, The. RA 8371 entitled “An act to recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples, creating a National Commission On Indigenous Peoples, establishing implementing mechanisms, appropriating funds therefor, and for other purposes” enacted on Oct. 29, 1997. Indigenous petroleum. Locally extracted mineral oil, hydrocarbon gas, bitumen, crude asphalt, mineral gas and all other similar or naturally associated substances with the exception of coal, peat, bituminous shale and/or stratified mineral deposits. [Sec. 1, RA 7729]. Indigenous political structures. Organizational and cultural leadership systems, institutions, relationships, patterns and processes for decisionmaking and participation, identified by Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs) such as, but not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
554 limited to, Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or body of similar nature. [Sec. 4, RA 8371]. Indigenous wildlife. Species or subspecies of wildlife naturally occurring or has naturally established population in the country. [Sec. 5, RA 9147]. Indigent. 1. A person who has no visible means of income or whose income is insufficient for the subsistence of his family. [Enaje v. Ramos, GR L22109. Jan. 30, 1970]. 2. Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a courtappointed attorney at public expense. Compare with Pauper. [Jurist’s Legal Dict., 2004]. 3. Health Ins. A person who has no visible means of income, or whose income is insufficient for the subsistence of his family, as identified by the Local Health Insurance Office and based on specific criteria set by the Phil. Health Ins. Corp. in accordance with the guiding principles set forth in Art. 1 of RA 7875, as amended. [Sec. 1, RA 9241]. Indigent litigant. Anyone who has no visible means of support or whose income
does not exceed P300 per month or whose income even in excess of P300 per month is insufficient for the subsistence of his family. [Enaje v. Ramos, GR L22109. Jan. 30, 1970, citing RA 6035]. Indigent party. One who is authorized by the court to prosecute his action or defense as an indigent upon an ex parte application and hearing showing that he has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 199]. Indirect. The term would signify an act done not straight to the point. [Guerrero v. Villamor, GR 82238-42. Nov. 13, 1989]. Indirect assault. Crim. Law. The use of force or intimidation by any person upon another person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in Art. 148 of the Rev. Penal Code. [Art. 149, RPC]. Indirect bribery. Crim. Law. The felony committed by any public officer who shall accept gifts offered to him
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
555 by reason of his office. [Art. 211, RPC]. Indirect contempt. Such acts as misbehavior by a court official in the performance of his official duties; disobedience or resistance to a lawful writ, process order or judgment of the court; assuming to be an attorney or an officer of the court and acting as such without authority; and failure to obey subpoena served. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Direct contempt. Indirect employer. Labor. Any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project. [Art. 107, LC]. Indirect initiative. Exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. [Sec. 3, RA 6735]. Indirect solar energy. The energy content of solar radiation harnessed by initially collecting sunlight in a natural manner such as absorption by land, atmosphere, ocean surface and plants. This natural
collection mode gives rise to winds (by thermal gradients in the atmosphere), produces organic matter or bio-mass and creates ocean thermal gradients between the surface and its depths. [Sec. 2, PD 1068]. See Direct solar energy. Indirect taxes. 1. Those taxes which are demanded from one person in the expectation and intention that he shall indemnify himself at the expense of another. An example of this type of tax is the sales tax levied on sales of a commodity. [Maceda v. Macaraig, GR 88291. May 31, 1991]. 2. Those that are demanded in the first instance from one person in the expectation and intention that he can shift the burden to someone else. [Comm. of Int. Rev. v. John Gotamco & Sons, Inc., GR L31092. Feb. 27, 1987]. Compare with Direct taxes. Indispensable party. Civ. Pro. 1. A party in interest without whom no final determination can be had of an action. [Sec. 7, Rule 3, RoC]. 2. A party without whom the action cannot be finally determined, whose interest in the subject matter of the suit and in the relief sought is so intertwined with that of the other parties that his legal presence as a party
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
556 to the proceeding is an absolute necessity. [Rep. v. Sandiganbayan, GR 92594. Mar. 4, 1994]. Compare with Necessary party. Individual. A single human being as contrasted with a social group or institution. [Moreno’s Law Dict., 2000 Ed., p. 227]. Individual claims. Claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots. [Sec. 4, RA 8371]. Individually. The term has the same meaning as "collectively", "separately", "distinctively", “respectively” or "severally". [Ronquillo v. CA, GR L-55138. Sep. 28, 1984]. Indivisible obligation. An obligation the object of which, in its delivery or performance, is not capable of partial performance. [Diaz, Bus. Law Rev., 1991 Ed., p. 29]. Compare with Divisible obligation. Indorsement. Nego Inst. Law. Legal transaction effected by affixing one’s signature (a) at the back of the instrument; or (b) upon a paper (Allonge) attached thereto with or without
additional words specifying the person to whom or to whose order the instrument is to be payable whereby one not only transfers legal title to the paper transferred but likewise enters into an implied guaranty that the instrument will be duly paid. [Claridades, A., Compilation of Notes, 2001-2006]. Indorsement. Nego Inst. Law. Kinds: (a) Special indorsement; (b) blank indorsement; (c) restrictive indorsement; (d) qualified indorsement; (e) conditional indorsement. [Sec. 33, NIL]. Indorsement in blank. Also Blank indorsement. Nego. Inst. An indorsement that specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery. [Sec. 34, NIL]. Indorser. Nego. Inst. A person placing his signature upon an instrument otherwise than as maker, drawer, or acceptor, who is deemed to be such unless he clearly indicates by appropriate words his intention to be bound in some other capacity. [Sec. 63, NIL]. Indubitable. Something which cannot be doubted; also certain and unquestionable; without
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
557 doubt. [Asejo v. Leonoso, 78 Phil. 467 (1947)]. Inducement. Also Instigation. Crim. Law. The criminal intent originates in the mind of the instigator and the accused is lured into the commission of the offense charged in order to prosecute him. The instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal [People v. Ramos, 203 SCRA 237 (1991)]. Compare with Entrapment. Inducing a minor to abandon his home. Crim. Law. The felony committed by anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody. [Art. 271, RPC]. Industrial baking and drying. The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated. [Sec. 3, PD 1185]. Industrial design. 1. Any composition of lines or colors or any three-dimensional
form, whether or not associated with lines or colors: Provided, That such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. [Sec. 112, RA 8293]. 2. Any new original and ornamental design for an article of manufacture. [Sec. 1, PD 1423]. 3. Any new and original creation relating to the features of shape, pattern, configuration, ornamentation, or artistic appearance of an article or industrial design by the author in the same manner and subject to the same provisions and requirements as relate to patents for inventions in so far as they are applicable, except as otherwise hereinafter provided. [Sec. 55, RA 165, as amended by RA 637]. Industrial detergent. Any cleaning product not designed for laundering different fabrics in the family wash but is mostly used in the manufacturing industry, such as but not limited to the beverage industry, textile industry, meat, fish and fruit canning, dairy product processing and food processing industry. [Sec. 2, RA 8970]. Industrial dispersal. The encouragement given to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
558 manufacturing enterprises to establish their plants in rural areas. Such firms normally use agricultural raw materials either in their primary or intermediate state. [Sec. 4, RA 8435]. Industrial dispute. Labor dispute.
See
Industrial employment. In case of private employers, it includes all employment or work at a trade, occupation or profession exercised by an employer for the purpose of gain, except domestic service. [Sec. 22, RA 772]. Industrial estate (IE). A tract of land subdivided and developed according to a comprehensive plan under a unified continuous management and with provisions for basic infrastructure and utilities, with or without pre-built standard factory buildings and community facilities for the use of the community of industries. [Sec. 4, RA 7916]. Industrial fruits. Those produced by lands of any kind through cultivation or labor. [Art. 442, CC]. Industrial land. Land developed principally to industry as capital investment. [Sec. 3, PD 464].
Industrial life insurance. A form of life insurance under which the premiums are payable either monthly or oftener, if the face amount of insurance provided in any policy is not more than five hundred times that of the current statutory minimum daily wage in the City of Manila, and if the words Industrial policy are printed upon the policy as part of the descriptive matter. [Sec.229, IC]. Industrial partner. The partner who contributes his industry to the partnership. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Compare with Capitalist partner. Industrial Peace Act. RA 875. [Expressly repealed by the Labor Code]. Industrial plant. Any plant in which a unit process and/or operations are involved, including the related pollution control and abatement processes or operations. [Sec. 3, RA 9267]. Industrial plant or factory. Manufacturing assembly plants, including engineering shops, shipyards or other business endeavors where electrical machinery and equipment are installed. [Sec. 2, RA 7920].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
559 Industrial Safety Act. Commonwealth Act No. 104, as amended. [Expressly repealed by the Labor Code]. Industrial salt. Salt used in the treatment, processing, and/or manufacture of nonfood commercial products. [Sec. 4, RA 8172]. Industrial sand and gravel permit. The permit granted by the Mines and Geosciences Bureau to any qualified person for the extraction of sand and gravel and other loose or unconsolidated materials that necessitate the use of mechanical processing covering an area of more than five hectares (5 has.) at any one time. The permit shall have a term of five (5) years, renewable for a like period but not to exceed a total term of twenty-five (25) years. [Sec. 47, RA 7942]. Industrial tree plantation. Any tract of forest land purposely and extensively planted to timber crops primarily to supply the raw material requirements of existing or proposed processing plants and related industries. [Sec. 3, PD 705]. Industrial waste. Any solid, semi-solid or liquid waste material with no commercial value released by a
manufacturing or processing plant other than excluded material. [Sec 4, RA 9275]. Industry. 1. Any identifiable group of productive units or enterprises, whether operated for profit or not, engaged in similar or allied economic activities in which individuals are gainfully employed. [Sec. 1, Rule 9, Book 3, IRR of LC]. 2. Any department or branch of art, occupation or business, especially, one which employs much labor and capital and is a distinct branch of trade, as the sugar industry. [Diaz-Leus v. Melvida, GR 77716. Feb. 17, 1988, citing Sangco, Phil. Law on Torts & Damages, p. 340]. Industry indispensable to the national interest. Industry needful or essential to the vital functions of the state where the dispute involves public hazard requiring swift governmental intervention or action and not merely public inconvenience, whether there is an emergency or not. [Sec. 32, PD 570-A]. Inebriation. The state of being under the influence of or addicted to the use of intoxication liquors. [Claridades, A., Compilation of Notes, 2001-2006].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
560 Ineffective or imperfect disinheritance. A disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in the Civil Code, which shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. [Art. 918, CC]. In esse. Lat. In being. Actually existing. Distinguished from In posse, which means “that which is not, but may be.” A child before birth is in posse; after birth, in esse. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 397]. Inexistent contract. One which has no force and effect from the very beginning, as if it had never been entered into, and which cannot be validated either by time or by ratification. [Tongoy v. CA, 123 SCRA 99 (1983); Avila v. CA 145 SCRA (1986)]. Also Void contract. In extremis. Lat. 1. At the point of death when every hope of recovery is extinct. [People v. Laquinon, GR L45470. Feb. 28, 1985]. 2. In extremity; in the last
extremity; in the last illness. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 397]. In facie curiae. Lat. In the face of the courts. Contumacious acts or statements and misconduct regarded as serious acts flaunted in the face of the Court and constituting a frontal assault upon the integrity of the (Supreme) Court and, through the Court, the entire judicial system. [Zaldivar v. Sandiganbayan, GR 79690. Feb. 1, 1989]. Infant. 1. A child within zero (0) to twelve (12) months of age. [Sec. 3, RA 7600]. 2. A person falling within the age bracket of 0-12 months. [Sec.4, EO 51, Oct. 20, 1986]. Infant formula. The breastmilk substitute formulated industrially in accordance with applicable Codex Alimentarius standards, to satisfy the normal nutritional requirements of infants up to six (6) months of age, and adopted to their physiological characteristics. [Sec. 3, RA 7600; Sec.4, EO 51]. Infanticide. 1. Crim. Law. The felony committed by any person who shall kill any child less than three days of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
561 age, or by the mother of the child for the purpose of concealing her dishonor, or by the maternal grandparents or either of them if said crime be committed for the same purpose. [Art. 255, RPC]. 2. Murder of an infant soon after its birth. [Duhaime's Legal Dict., 2004]. Infantosexual. Legal Med. A person whose sexual desire is towards minors. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Inference. A fact or proposition deducted by process of reasoning as a logical conclusion from other facts. [Herrera, Rem. Law, 1999 Ed., p. 31, citing Cummins v. King & Sons (Alaska), 453 P2d 465]. Compare with Presumption. See also Presumption hominis or Presumption of fact. Inferior courts. The term, as used in the Interim Rules and Guidelines promulgated to implement the Judiciary Reorganization Act of 1981, refers to all courts except the Supreme Court, the Sandiganbayan and the Court of Tax Appeals. [Delbros Hotel Corp. v. IAC, GR L-72566. Apr. 12, 1988]. Infidelity in the custody of documents. Elements: (a)
that the offender be a public officer; (b) that there be a document abstracted, destroyed or concealed; (c) that the document destroyed or abstracted be entrusted to such public officer by reason of his office, and (d) that damage or prejudice to the public interest or to that of a third person be caused by the removal, destruction or concealment of such document. [Fajelga v. Escareal, GR L-61017-18. Jan. 14, 1988]. In flagrante. Lat. In the very act charged against him. [People v. Polo, GR 72899. Jan. 30, 1987]. In flagrante delicto. Lat. In the very act of committing a crime. [People v. Montilla, GR 123872. Jan. 30, 1998, citing Moreno, Phil. Law Dict., 2nd Ed.]. Inflation. A sharp sudden increase of money or credit or both without a corresponding increase in business transactions. It causes a drop in the value of money resulting in the rise of the general price level. [Diaz, Bus. Law Rev., 1991 Ed., p. 41]. Informacion posesoria. Sp. Possessory information title. [Dir. of Forestry v. Muñoz, GR L-25459. June 28, 1968].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
562 Informal education. A lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself. [Sec. 4, RA 9155]. In forma pauperis. Forma pauperis.
See
Information. 1. Rem. Law. An accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court. [Sec. 4, Rule 110, RoC]. 2. Crim. Proc. An accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court. [Sec. 4, Rule 110, RoC]. Information and communications system. A system for generating, sending, receiving, storing, or otherwise processing electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic document. [Sec. 5, RA 8792]. Information representative. Any person who engages in collecting or
gathering data and in disseminating and/or publishing the same for and on behalf of a principal. [Sec. 3, BP 39]. Information value. The correct dutiable value of the article ascertained from the reports of the Revenue Attache or Commercial Attache (Foreign Trade Promotion Attache) or other Philippine diplomatic officers and from such other information that may be available to the Bureau of Customs. Such value shall be the home consumption value of the imported article which shall be the subject of customs duty and taxes. [Comm. of Customs v. Procter & Gamble Phil. Mfg. Corp., GR 56705. Jan. 31, 1989]. Also Established value. Informed consent. The voluntary agreement of a person to undergo or be subjected to a procedure based on full information, whether such permission is written, conveyed verbally, or expressed indirectly. [Sec. 3, RA 8504]. Informer. One who communicates knowledge of someone having committed or about to commit a crime to the proper authorities who by themselves, acting independently, may obtain
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
563 the evidence necessary for the prosecution of the offender. [People v. Bagano, GR 77777. Feb. 5, 1990]. Informer’s reward. The reward granted to any person, except an internal revenue official or employee, or other public official, or his relative within the sixth grade of consanguinity, who voluntarily gives definite and sworn information, not yet in the possession of the Bureau of Internal Revenue, leading to the discovery of frauds upon internal revenue laws or violation of any of the provisions thereof, thereby resulting in the recovery of revenues, surcharges and fees and/or the conviction of the guilty party and/or imposition of any fine or penalty. [Comm. of Int. Rev. v. COA, GR 101976. Jan. 29, 1993, citing Sec. 281 of NIRC]. Informing power of the President. The power of the President to address the Congress at the opening of its regular session and also to appear before it at any other time. [Sec. 23, Art. VII, 1987 Const.]. Infraction. A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.
[Glossary of Legal (Pro-Se), 2004].
Terms
Infra scapula. Either of two flat, triangular bones, each forming the back part of a shoulder. [Moreno’s Law Dict., 2000 Ed., p. 228]. Infrastructure projects. The construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings and other related construction projects of the government. [Sec. 5, RA 9184]. Infringement. The use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of any registered mark or tradename in connection with the sale, offering for sale, or advertising of any goods, business or services on or in connection with which such use is likely to cause confusion or mistake
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
564 or to deceive purchasers or others as to the source or origin of such goods or services, or identity of such business; or reproduce, counterfeit, copy or colorably imitate any such mark or trade-name and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used upon or in connection with such goods, business or services. [Sec. 22, RA 166, as amended]. Infringement. Elements: (a) The use by any person, without the consent of the registrant, (b) of any registered mark or tradename in connection with the sale, business or services, among other things, bearing such registered mark or trade-name. [Sec. 22, RA 166, as amended]. Infringement of a design patent. Unauthorized copying of the patented design for the purpose of trade or industry in the article or product and in the making, using, or selling of the article or product copying the patented design. Identity or substantial identity with the patented design shall constitute evidence of copying. [Sec.
60, RA 166, as amended by Sec. 6, RA 637]. Infringement of copyright. The importation into the Philippines of any piratical copies or likeness of any work in which Philippine copyright subsists, unless authorized by the copyright proprietor concerned, or except when imported under certain circumstances, as well as the unlawful use of the copies imported as allowed by Sec. 30 of PD 49 which violate the rights of the proprietor of Philippine copyright or annul or limit the protection secured by said Decree, and shall be punishable as such without prejudice to the proprietor’s right of action. [Sec. 30, PD 49]. Infringement of patent. The making, use and sale of the patented machine, article or product, and the use of the patented process for the purpose of industry or commerce, throughout the territory of the Philippines for the term of the patent by any person without the authorization of the patentee. [Sec. 37, RA 165]. In futuro. Lat. In the future. At a future time. The opposite of In praesenti. Inhabitant. One who has actual fixed residence in a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
565 place; one who has a domicile in a place. [Co v. Electoral Tribunal, GR 92191-92. July 30, 1991, citing Bouvier's Law Dict., Vol. II]. Inhabited house. Any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed. [Art. 301, RPC]. Inherent aggravating circumstances. Crim. Law. Those which are part of the felony committed, as unlawful entry in robbery with force upon things. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112]. Inheritance. Succ. 1. All the property, rights and obligations of a person which are not extinguished by his death. [Art. 776, CC]. 2. The inheritance of a person also includes those which have accrued thereto since the opening of the succession. [Art. 781, CC]. Inheritance tax. A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.
[Glossary of Legal (Pro-Se), 2004].
Terms
Inherited case. One tried and finished by an RTC Judge but left undecided and is now listed as pending decision before the incumbent Judge. [People v. Bajar, GR 118240. Oct. 28, 1997, citing MC 1-89 issued 13 June 1989 by CJ Fernan]. Initial. A first part, a beginning, an initial letter, note or the like. [Gonzaga v. Seno, GR L-20522. Apr. 23, 1963, citing Webster's Dict.]. Initial appearance. Crim. Proc.. The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his arrest. [Glossary of Legal Terms (Pro-Se), 2004]. Initial payments. Taxation. The payments received in cash or property other than evidences of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made. [Sec. 49, NIRC, as amended]. Initiate. To begin, to commence, or to originate. [Moreno’s Law Dict., 2000 Ed., p. 229]. Initiative. Const. Law. The power of the people to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
566 propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. [Sec. 3, RA 6735].
do. Conversely, it may require him to perform an act which he is obligated to perform but refuses to do. [Glossary of Legal Terms (Pro-Se), 2004].
Initiative, systems of. Const. Law. There are three (3) systems of initiative, namely: 1. Initiative on the Constitution which refers to a petition proposing amendments to the Constitution; 2. Initiative on statutes which refers to a petition proposing to enact a national legislation; and 3. Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance. [Sec. 3, RA 6735].
Injunction. Rem. Law. Requisites to issue: (a) The existence of the right to be protected, and (b) that the facts against which the injunction is to be directed are violative of said right. [Araneta v. Gatmaitan, 101 Phil. 328 (1957)].
Injunction. Rem. Law. 1. An order of a court which restrains a specified person from performing certain acts. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. A court order that prohibits a party from doing something (restrictive injunction) or compels him to do something (mandatory injunction). [Duhaime's Legal Dict., 2004]. 3. A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to
Injury. 1. Civ. Law. Any wrong or damage done to another, either in his person, rights, reputation or property. The invasion of any legally protected interest of another. [Pecho v. Sandiganbayan, GR 111399. Nov. 14, 1994, citing Black's Law Dict., 5th Ed., 706]. 2. Labor. Any harmful change in the human organization from any accident arising out of and in the course of the employment. [Art. 167, LC]. Compare with Damages. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita indicare vel respondere. Lat. It is unjust to decide or to respond to any particular part of the law without examining the whole of the law. [Moreno’s Law Dict., 2000 Ed., p. 231].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
567 Inland bill of exchange. Nego. Inst. A bill which is, or on its face purports to be, both drawn and payable within the Philippines. Any other bill is a foreign bill. [Sec. 129, NIL]. Compare with Foreign bill of exchange. Inland fishery. The freshwater fishery and brackishwater fishponds. [Sec. 4, RA 8550]. In limine. Lat. At the beginning or on the threshold. A motion In limine is a motion that is tabled by one of the parties at the very beginning of the legal procedures. [Duhaime's Legal Dict., 2004]. In loco parentis. Lat. In the place of the parent. 1. Actions of a custodian, guardian or other person acting in the parent's place. [Jurist’s Legal Dict., 2004]. 2. The rule established in Art. 2180, in conjunction with Art. 2176 of the Civil Code which provides that the damage should have been caused or inflicted by pupils or students of the educational institution sought to be held liable for the acts of its pupils or students while in its custody. [Phil. School of Bus. Admin. v. CA, GR 84698. Jan. 4, 1992].
Innocent and virtuous woman. A woman who has never had illicit intercourse with any man, and who is chaste and pure. [US v. Suan, GR 9201. Mar. 3, 1914, citing State v. Ferguson, 107 NC 841]. Innocent non-disclosure of facts. The concealment or non-disclosure of facts by a party where the means of knowledge are at hand and equally available to both parties. [Moreno’s Law Dict., 2000 Ed., pp. 231-232]. Innocent passage. Intl. Law. The right of ships to pass through territorial waters so long as they do not prejudice the peace, good order, and security of the coastal state. [Intl. Law Dict. & Direct., 2004]. Innocent passage, right of. Intl. Law. Navigation through the territorial sea of a state for the purpose of traversing that sea without entering internal waters, or of proceeding to internal waters, or making for the high seas from internal waters, as long as it is not prejudicial to the peace, good order or security of the coastal state. [Sandoval, Pol. Law Reviewer 2003]. Innominate contracts. They are contracts which do not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
568 have specific names under the Civil Code. [Diaz, Bus. Law Rev., 1991 Ed., p. 61]. Compare with Nominate contracts. Innominate contracts. Kinds: (a) Do ut des (I give that you give); (b) do ut facias (I give that you may do); (c) facio ut facias (I make so you make); (d) I make so you give). [Diaz, Bus. Law Rev., 1991 Ed., p. 61]. Inofficious. In excess of the portion of free disposal. [Vda. De Tupas v. Br. XLII, RTC of Negros Occ., GR L65800. Oct. 3, 1986]. Inofficious donation. 1. It occurs when a person gives more than what he can give by way of a last will and testament. In other words, the donation exceeds the free portion of the estate of the creditor. [Diaz, Bus. Law Rev., 1991 Ed., p. 48-49]. 2. A donation which deprives the donor’s heirs of that portion of the estate to which the law entitles the heirs, of which the heirs cannot legally be deposed or disinherited, being contrary to the donor’s natural duty or affection. [Moreno’s Law Dict., 2000 Ed., p. 232]. See also Donation, when inofficious.
Innovation (utility model). Any new model of implement or tools of any industrial product or part of the same, which does not possess the quality or invention, but which is of practical utility by reason of its form, configuration, construction or composition. [Sec. 1, PD 1423]. In pari delicto, potior est conditio defendantis et possidentes. Lat. Where both parties are equally in fault, the condition of the defendant is preferable [Bouvier Law Dict.], or, as stated in a case, among those in equal wrong, the situation of the defendant is the stronger. [Norris v. York, 105 Kan. 448, 450, 185 P 43; 32 CJ 577. (Record on Appeal, p. 209)]. In pari delicto, potior est conditio possidentis. Lat. Where both parties in a dispute are equally at wrong, the person in possession of the contested property will retain it (i.e., the law will not intervene). [Duhaime's Legal Dict., 2004]. Inpatient education package. A set of informational services made available to an individual who is confined in a hospital to afford him with knowledge about his illness and its treatment, and of the means
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
569 available, particularly lifestyle changes, to prevent the recurrence or aggravation of such illness and to promote his health in general. [Sec. 1, RA 9241]. In personam, accio accion. See Accio action personam.
or or
In personam jurisdiction. Intl. Law. The power of a court or tribunal to determine the rights of a party who appears before it. [Intl. Law Dict. & Direct., 2004]. Compare with In rem jurisdiction. In praesenti. Lat. At the present time. The opposite of In futuro. Input subsidy. Assistance extended by the Government to the farmers in terms of discounted prices of farm inputs such as fertilizer, pesticide and seed. [Sec. 4, RA 7607]. Input tax. The value-added tax due from or paid by a VAT-registered person in the course of his trade or business on importation of goods or local purchase of goods or services, including lease or use of property, from a VAT-registered person. It shall also include the transitional input tax determined in accordance with Sec. 111 of the National
Internal Revenue Code. [Sec. 110, NIRC, as amended]. Inquiry. From Lat. inquirere: to seek after or to search for. Intl. Law. 1. An investigation of the points in question, on the theory that their elucidation will contribute to the solution of the problem. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 121]. 2. The process by which an impartial third party makes an investigation to determine the facts underlying a dispute without resolving the dispute itself. [Intl. Law Dict. & Direct., 2004]. In rem, accio or action. See Accio or action in rem. In rem jurisdiction. Intl. Law. The power of a court to determine the ownership rights of persons as to property located within the forum state. [Intl. Law Dict. & Direct., 2004]. Compare with In personam jurisdiction. Insane delusion. A delusion manifested by a false belief for which there is no reasonable basis and which would be incredible under the given circumstances to the same person if he is of compos mentis. [People v. Dungo, GR 89420. July 31, 1991].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
570 Insane person. 1. One who has an unsound mind or suffers from a mental disorder. 2. A person whose mental disease has rendered him incapable of restraining himself although he understands what he is doing and knows it is wrong. [Olarte, Legal Med., 1st Ed. (2004), p. 153]. Insanity. 1. A manifestation in language or conduct of disease or defect of the brain, or a more or less permanently diseased or disordered condition of the mentality, functional or organic, and characterized by perversion, inhibition, or disordered function of the sensory or of the intellective faculties, or by impaired or disordered volition. [People v. Ambal, GR L-52688. Oct. 17, 1980, citing Sec. 1039 of the Rev. Admin. Code]. 2. Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong. [Jurist’s Legal Dict., 2004]. Inscrutable fault doctrine. Mar. Ins. Where fault is established but it cannot be determined which of the two vessels were at fault, both shall be deemed to have been at fault. [Suggested Answer for the 1997 Bar, UPLC, (2002), p. 65]. Compare with Limited liability doctrine.
Insider. 1. It means: (a) the issuer; (b) a director or officer (or any person performing similar functions) of, or a person controlling the issuer; gives or gave him access to material information about the issuer or the security that is not generally available to the public; (d) A government employee, director, or officer of an exchange, clearing agency and/or selfregulatory organization who has access to material information about an issuer or a security that is not generally available to the public; or (e) a person who learns such information by a communication from any forgoing insiders. [Sec. 3, RA 8799]. 2. A person, such as a corporate officer, director, or majority shareholder, who has access to material nonpublic information about a company or the securities market. [Intl. Law Dict. & Direct., 2004]. Insider trading. The use of material nonpublic information about a company or the securities market to buy or sell securities for personal gain. [Intl. Law Dict. & Direct., 2004]. Insolvency. 1. Civ. Law. The condition of a person when the liabilities are greater
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
571 than the assets, so that the claims of the creditors cannot be paid. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. Ins. The inability of an insurance company to pay its lawful obligations as they fall due in the usual and ordinary course of business as may be shown by its failure to maintain the margin of solvency required under Sec. 194 of the Insurance Code, as amended by PD 1141 and further amended by PD 1455. [Sec. 249, IC]. Insolvency Law. Act 1956 enacted on May 20, 1909. Insolvent. 1. A person who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether insolvency proceedings have been commenced or not. [Art. 1636, CC]. 2. A person not able to pay his debts as they become due. [Duhaime's Legal Dict., 2004]. Insolvent debtor. One who is unable to pay all his debts in full. [Moreno’s Law Dict., 2000 Ed., p. 233]. Inspect. To enter, examine and observe. Under no circumstance, however, shall such entrance, examination and observation be utilized to commit any act of
intimidation or coercion nor shall it be utilized to impair the civil rights of the individuals affected. [Sec. 166, RA 3844]. Inspection. Evid. The right of the adverse party to inspect a writing whenever the same is shown to a witness. Installment. Partial payment of a debt or collection of receivable. Different portions of the same debt payable at different successive periods agreed. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 407]. Installment sale. A commercial arrangement by which a buyer makes an initial downpayment and signs a contract for payment of the balance in installments over a period of time. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 407]. Instance. Request of urging. [Claridades, A., Compilation of Notes, 2001-2006]. Instantaneous death. It does not necessarily mean the cessation of life simultaneously with the infliction of the injury. In a death described as instantaneous, it is possible that the victim may survive the infliction of the moral wound for as much as 15 to 20 minutes. [People v. Morin, GR 101794. Feb. 24, 1995].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
572 Instanter principle. The express revocation of the first will renders it void because the revocatory clause of the second will, not being testamentary in character, operates to revoke the previous will instantly upon the execution of the will containing it. [Claridades, A., Compilation of Notes, 2001-2006]. Instigation. Incitation; urging; solicitation; The act by which one incites another to do something, as to commit some crime or to commence a suit. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 407]. See also Inducement. Institution. The commencement or inauguration of anything, as the commencement of an action. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 407]. Institutional buildings. School buildings, hospitals, museums, display centers, government buildings and the like. [Sec. 2, RA 7920]. Institutional decision. A process by which the reception of evidence is left to a subordinate while the final decision is made by the administration head, with the latter usually adopting the findings and
recommendations of the hearing officer if found correct. [Moreno’s Law Dict., 2000 Ed., p. 233]. Institution of heirs. An act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations. [Art. 840, CC]. Instruction. Order to a bank to disburse funds to a particular person. [Intl. Law Dict. & Direct., 2004]. Instructor training. Training aimed at developing capacities of persons for imparting attitudes, knowledge, skills and behavior patterns, required for specific jobs, tasks, occupations or group of related occupations. [Sec. 1, Rule 1, Book 2, IRR of LC]. Instrument. 1. Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses. [Sec 3, RA 9165]. 2. Any negotiable instrument as defined in the Negotiable Instrument Law; any certificate of stock, or bond or debenture for the payment of money issued by a public or private corporation, or any certificate of deposit, participation certificate or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
573 receipt, any credit or investment instrument of a sort marketed in the ordinary course of business or finance, whereby the entrustee, after the issuance of the trust receipt, appears by virtue of possession and the face of the instrument to be the owner. [Sec. 3, PD 115]. 3. Some written paper or instrument signed and delivered by one person to another, transferring the title to, or giving a lien, on property, or giving a right to debt or duty. [Ang Giok Chip v. Springfield Fire & Marine Ins. Co., GR 33637. Dec. 31, 1931, citing Hoag v. Howard (1880), 55 Cal., 564]. Instrumentality. Any agency of the National Government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned and controlled corporations. [Sec. 2, Admin. Code of 1987]. Instrumental witness. A person who attests that the party or parties to the instrument signed the same
in his presence, so that he is frequently referred to as a "Witness to the signature” and he is not bound to know or be aware of the contents of the document. [PNB v. CA, GR L-34404. June 25, 1980]. Insubordination. 1. A deliberate and willful refusal to comply with a lawful request or order of a higher authority. It involves disregard of proper authority and a refusal to obey that authority. [Sobrepeña, Carmelita G., CSC Res. 001288, May 30, 2000]. 2. Utter disregard of express or implied directions of the employer and refusal to obey reasonable orders. [Words and Phrases, Vol. 21]. Insult. To treat with insolence, indignity, or contempt by word or action; to affront wantonly. [Poquiz, Labor Rel. Law, 1999 Ed. p. 359]. Insurable interest. 1. Every interest in property, whether real or personal, or any relation thereto, or liability in respect thereof, of such nature that a contemplated peril might directly damnify the insured. [Sec. 13, IC]. 2. In principle, anyone has an insurable interest in property who derives a benefit from its existence or would suffer loss from its destruction
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
574 whether he has or has not any title in, or lien upon or possession of the property. Insurable interest in property may consist in (a) an existing interest; (b) an inchoate interest founded on an existing interest; or (c) an expectancy, coupled with an existing interest in that out of which the expectancy arises. [Filipino Merchants v. CA, GR 85141. Nov. 28, 1989]. Insurance. A contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by special perils. The party agreeing to make the compensation is usually called the “insurer” or “underwriter”; the other, the “insured” or assured”; the agreed consideration, the “premium”; the written contract, the “policy”; the events insured against, “risks” or “perils”; and the subject, right, or interest to be protected, the “insurable interest”. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 408]. Insurance adjuster. Ordinarily, a special agent for the person or company for whom he acts, and his authority is prima facie coextensive with the business entrusted to him. [Moreno’s Law Dict., 2000 Ed., p. 234].
Insurance agent. A person authorized to represent the insurer in dealing with third parties in matters relating to insurance. An agent employed by an insurance company to solicit insurance business. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 413]. Insurance broker. One who acts as a middleman between the insured and the insurance company, and who solicits insurance from the public under no employment from any special company selected by the insurer or, in the absence of any selection, with the company selected by such broker. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 413]. Insurance Code of 1978. PD 1460 entitled “A Decree to consolidate and codify all the insurance laws of the Philippines” signed into law on June 11, 1978. Insurance company. A company which is organized as an insurance company, whose primary and predominant business activity is the writing of insurance or the reinsuring of risks underwritten by insurance companies, and which is subject to supervision by the Insurance Commissioner; or any receiver or similar official or any liquidating agent for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
575 such a company, in his capacity as such. [Sec. 3, RA 2629]. Insurance contract. An agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event. [Sec. 2, IC]. Insurance policy. See Policy of insurance. Insured. The owner of the property insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 23]. Insurer. Also Insurance company. All individuals, partnerships, associations, or corporations, including government-owned or controlled corporations or entities, engaged as principals in the insurance business, excepting mutual benefit associations. [Sec. 184, IC]. Insurgent government. A government established by rebels with the intent of replacing the existing government. [Intl. Law Dict. & Direct., 2004]. Insurrection. See Rebellion.
Intangible assets. Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning. [Glossary of Legal Terms (Pro-Se), 2004]. Intangible costs in petroleum operations. Any cost incurred in petroleum operations which in itself has no salvage value and which is incidental to and necessary for the drilling of wells and preparation of wells for the production of petroleum. [Sec. 34, NIRC, as amended]. Integrated Pest Management (IPM). A pest management system which utilizes all suitable methods and techniques in as compatible a manner as possible to maintain the pest population at a level below that causing economically unacceptable damage or loss without endangering the environment. [Sec. 4, RA 7607]. Integrated school. A school that offers a complete basic education in one school site and has unified instructional program. [Sec. 4, RA 9155]. Integrated water quality management framework. The policy guideline
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
576 integrating all the existing frameworks prepared by all government agencies contain the following; water quality goals and targets; (b) period of compliance; (c) water pollution control strategies and techniques; (d) water quality information and education program; (e) human resources development program. [Sec 4, RA 9275]. Integration of jural acts theory. Evid. The theory under which previous acts and contemporaneous transactions of the parties are deemed integrated and merged in the written instrument which they have executed. When the parties have reduced their agreement to writing, it is presumed that they have made the writing the only repository and memorial of the truth, and whatever is not found in the writing must be understood to have been waived and abandoned. [Claridades, A., Compilation of Notes, 2001-2006]. Integrity. Soundness of moral principle and character, as shown by one person dealing with others in the making and performance of contract, and fidelity and honesty in the discharge of trusts; it is synonymous with 'probity,' 'honesty,' and 'uprightness.' [Dizon v.
Dollete, GR L-19838]. June 30, 1964, citing Black's Law Dict., p. 94]. Intellectual property. 1. The right of the author, artist, or inventor over his work (which is considered as his) personal property). It consists in the pecuniary benefit which the owner can get by the reproduction or manufacture of his work. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 25, citing 2-II Collin & Capitant 492]. 2. Useful artistic and industrial information and knowledge. [Intl. Law Dict. & Direct., 2004]. Intellectual Property Code of the Philippines. RA 8293 entitled “An Act prescribing the Intellectual Property Code and establishing the Intellectual Property Office, providing for its powers and functions, and for other purposes” enacted on June 6, 1997. Intellectual property rights. The legal basis by which the indigenous communities exercise their rights to have access to, protect, control over their cultural knowledge and product, including but not limited to, traditional medicines, and includes the right to receive
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
577 compensation for it. [Sec. 4, RA 8423]. Intelligence. 1. The moral capacity to determine what is right from what is wrong and to realize the consequences of one’s acts. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 19]. 2. The second element of dolus; The power necessary to determine the morality of human acts to distinguish a licit from an illicit act without which no crime can exist. [Guevarra v. Almodovar, GR 75256. Jan. 26, 1989]. Intent. A design; a determination to do a certain thing; an aim, the purpose of the mind, including such knowledge as is essential to such intent; the design resolve, or determination with which a person acts. It is this intent which comprises the third element of dolo as a means of committing a felony, freedom and intelligence being the other two. [Guevarra v. Almodovar, GR 75256. Jan. 26, 1989, citing 46 CJS Intent p. 1103]. Compare with Motive. Intention. When used with reference to the construction of wills and other documents, the term means the sense and meaning of it, as gathered from the words
used therein. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 415]. Intentionada waiver. The voluntary renunciation by the vendee of his right to warranty in case of eviction with knowledge of the risks of eviction and assumption of its consequences. [Diaz, Bus. Law Rev., 1991 Ed., p. 135, citing Art. 1554]. Intentional abortion. Crim. Law. The felony committed by any person who shall intentionally cause an abortion, if he shall use any violence upon the person of the pregnant woman, or if, without using violence, he shall act without the consent of the woman, or if the woman shall have consented. [Art. 256, RPC]. Intentional. As used in an accident policy excepting intentional injuries inflicted by the insured or any other person, etc., the term implies the exercise of the reasoning faculties, consciousness, and volition. Where a provision of the policy excludes intentional injury, it is the intention of the person inflicting the injury that is controlling. If the injuries suffered by the insured clearly resulted from the intentional act of a third person the insurer is relieved from liability as stipulated.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
578 [Biagtan v. Insular Life, GR L25579. Mar. 29, 1972]. Intentional cancellation. Nego. Inst. Cancellation effected by destroying the instrument either by tearing it up, burning it, or writing the word "cancelled" on the instrument. The act of destroying the instrument must also be made by the holder of the instrument intentionally. [State Investment House, Inc. v. CA, GR 101163. Jan. 11, 1993]. Intentional tort. Wrong perpetrated by one who intends to break the law. [Jurist’s Legal Dict., 2004]. Intent to gain. Crim. Law. The intent to obtain from the appropriation of the thing some utility, advantage or benefit. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 704]. Intent to kill. Crim. Law. A mental process, which may be inferred from the nature of the weapon used, the place of the wound, the seriousness thereof, and the persistence to kill the victim. [People v. Ty Sui Wong, GR L-32529. May 12, 1978]. Inter. A prefix denoting: 1. between or among: the second element is singular in form, as in “interstate”. 2.
with or on each other (or one another), together, mutual, reciprocal, mutually, or reciprocally, as in “interact”. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092. July 27, 1992]. Compare with Intra. Inter alia. Lat. Among other things; for example; or, including. Legal drafters would use it to precede a list of examples or samples covered by a more general descriptive statement. Sometimes they use an inter alia list to make absolutely sure that users of the document understand that the general description covers a certain element (which was covered in the general description anyway) without, in any way, restricting the scope of the general element to include other things that were not singled out in the inter alia list. [Duhaime's Legal Dict., 2004]. Inter-country adoption. The socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines. [Sec. 3, RA 8043].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
579 Inter-Country Adoption Act of 1995. RA 8043 entitled “An Act establishing the rules to govern inter-country adoption of Filipino children, and for other purposes” enacted on June 7, 1995. Interest. 1. The compensation allowed by law or fixed by the parties for the loan or forbearance of money, goods or credits. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 111]. 2. Any right in the nature of property less than title. [PNB v. CA, GR 118357. May 6, 1997]. Interested parties. Domestic producers consumers, importers and exporters of the products under consideration. [Sec. 4, RA 8800]. Interested party. In the estate of a decedent, one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor. [Saguinsin v. Lindayag, 116 Phil. 1193]. Interested person. A person one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor; this interest must be material and direct, not merely indirect or contingent. [Citing Trillana v.
Crisostomo, GR L-3378, Aug. 22, 1951; Espinosa v. Barrios, 70 Phil. 311]. Interested witness. Rem. Law. A witness who is a party to or a person interested in the outcome of a case. [Moreno’s Law Dict., 2000 Ed., p. 238]. Interest in land. The legal concern of a person in the thing or property, or in the right to some of the benefits or uses from which the property is inseparable. [PNB v. CA, GR 118357. May 6, 1997]. Interest in the subject. A direct interest in the cause of action as pleaded, and which would put the intervenor in a legal position to litigate a fact alleged in the complaint, without the establishment of which plaintiff could not recover. [Magsaysay-Labrador v. CA, GR 58168. Dec. 19, 1989]. Interest rate per centum per annum. An interest rate that is accrued solely upon the unpaid balance of any loan principal which has actually been advanced to a borrower and upon any interest payment which has become due or been deferred and has not been paid by the borrower; computed on an annual basis. [Sec. 3, PD 269].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
580 Interest rei publicae ut finis sit litium. Lat. The interest of the State demands that there be an end to litigation. [Henson v. Dir. of Lands, 37 Phil. 912, 917, Mar. 26, 1918]. Interim Committee. Also Little Assembly. A subsidiary to the General Assembly of the United Nations created in 1947 for a term of one year and reestablished in 1949 for an indefinite term. It is composed of one delegate for each member-state, meets when the General Assembly is in recess, and assist this body in the performance of its functions. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 25]. Interim receipt. A document given to the insured to bind the company in case a loss occurs pending action upon the application and the actual issuance of a policy. Such a receipt issued by the duly authorized agent of an insurance company constitutes a temporary contract of insurance under which the company is liable for any loss occurring during the period covered by it. [Moreno’s Law Dict., 2000 Ed., p. 238]. Interior designer. A natural person who has been issued
a certificate of registration and a valid professional license by the Board of Interior Design. [Sec. 2, RA 8534]. Interior design, practice of. The act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement and development of interiors of buildings and residences that shall contribute to the enhancement and safeguard of life, health and property and the promotion and enrichment of the quality of life. [Sec. 2, RA 8534]. Interlocking confessions. Evid. Extra-judicial confessions independently made without collusion which are identical with each other in their essential details and are corroborated by other evidence on record are admissible, as circumstantial evidence, against the person implicated to show the probability of the latter's actual participation in the commission of the crime. [People v. Molleda, 86 SCRA 667, 701 (1978)]. Interlocking directors. Corp. Law. One, some, or all of the directors in one corporation is/are also
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
581 director/directors in another corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 227]. Interlocutory. 1. Something intervening between the commencement and the end of a suit which decides some point or matter but is not a final decision of the whole controversy. [Prov. of Bohol v. NWSA, L-30856, Feb. 27, 1970, 31 SCRA 841-42, quoting Black's Law Dict., 4th Ed., 1951 p. 951]. 2. Temporary; provisional; interim; not final. [Glossary of Legal Terms (Pro-Se), 2004]. Interlocutory injunction. Rem. Law. An injunction which lasts only until the end of the trial during which the injunction was sought. [Duhaime's Legal Dict., 2004]. Interlocutory order. Rem. Law. 1. An order that does not dispose of a case completely, but leaves something more to be done upon its merits. [Marcelo v. de Guzman, GR L-29077, June 29, 1982, 114 SCRA 657]. 2. An order that does not finally dispose of the case, and does not end the Court's task of adjudicating the parties' contentions and determining their rights and liabilities as regards each other, but obviously
indicates that other things remain to be done by the Court. [Atienza v. CA, GR 85455. June 2, 1994]. Compare with Final order. Interloper. A person who, without legal right, runs a business (e.g. without mandatory licenses), or who wrongfully interferes or intercepts another's business. [Duhaime's Legal Dict., 2004]. Intermediary. A person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores provides other services in respect of that electronic data message or electronic document. [Sec. 5, RA 8792]. Internal control. The plan of organization and all the coordinate methods and measures adopted within an organization or agency to safeguard its assets, check the accuracy any reliability of its accounting data, and encourage adherence to prescribed managerial policies. [Sec. 123, PD 1445]. Internally generated funds. Funds obtained from net revenues, funds arising from depreciation 7provisions, income from investment in securities, sale of corporate property, and other
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
582 transactions performed in the course of corporate activity. [Sec. 3, EO 518]. Internal revenue. Taxes imposed by the legislature other than duties on imports or exports. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 10, citing 1 Cooley 12]. Internal union dispute. All disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violation of the rights and conditions of union membership provided for in the Labor Code. [Art. 212, LC]. Internal waters. Also called as National or Inland waters. 1. Those found in the bodies of water within the land mass and the waters in gulfs and bays up to the point where the territorial waters begin. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61]. 2. Those waters inland of the baseline of a state's territorial sea. [Intl. Law Dict. & Direct., 2004]. Internal waters of the Philippines. The waters around, between, and connecting the islands of the Philippine archipelago, regardless of their breadth
and dimensions. [Art. I, 1987 Phil. Const.]. International administrative law. The body of rules formulated by states, usually in international conventions, for the purpose of regulating their relations and activities in connection with such nonpolitical matters as international communication, patents and copyrights, promotion of health, education, and crime prevention. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 4]. International carriage. Any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a breach in the carriage or a transshipment, are situated either within the territories of two High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. [Pan Amer. World Airways v. Rapadas, GR 60673]. May 19, 1992, citing Art. 1, par. 2, Warsaw Convention]. International comity. 1. Courteous and friendly agreement and interaction
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
583 between nations. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 47]. 2. The informal and non-mandatory courtesy sometimes referred to as a set of rules to which the courts of one sovereign often defer in determining questions (as of jurisdiction or applicable precedent) when the laws or interests of another sovereignty are involved. [Webster’s 3rd Intl. Dict., 1976 Ed.]. International community. The body of juridical entities which are governed by international law. It is often traditionally called the family of nations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 11]. International competitions. International sports competitions which are sanctioned by the International Olympic Committee (IOC) or held every four (4) years including qualifying championships in team sports wherein only one (1) or two (2) countries may qualify for the Olympics or World Championships. Competitions granting prize money or those held in honor of any personality or sponsor shall not be included. [Sec. 3, RA 9064]. International Court of Justice. The judicial organ of the United Nations and
superseded by the Permanent Court of International Justice under the League of Nations. The World Court, as it is popularly known, is governed by a Statute annexed to the Charter of the United Nations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 123]. International dispute. An actual disagreement between states regarding the conduct to be taken by one of them for the protection or vindication of the interests of the other. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 119]. International ethics. The dealings of states with one another which stress considerations of justice and morality. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 4]. International juridical double taxation. The imposition of comparable taxes in two or more states on the same taxpayer in respect of the same subject matter and for identical periods. [Claridades, A., Compilation of Notes, 20012006]. International law. 1. Body of rules which regulates the community of nations. [Suarez, Stat. Con., (1993), p. 38]. 2. A combination of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
584 treaties and customs which regulates the conduct of states amongst themselves. The highest judicial authority of international law is the International Court of Justice and the administrative authority is the United Nations. [Duhaime's Legal Dict., 2004]. International Law Commission. A body created by the General Assembly in 1947 for the “promotion of the progressive development of international law and its codification,” composed of twenty-five members, of recognized competence in international law, elected by the General Assembly for a term of three years and eligible for re-election. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 6]. International organizations. Intl. Law. Institutions constituted by international agreement between two or more states to accomplish common goals. The legal personality of these international organizations has been recognized not only in municipal law, but in international law as well. [Sandoval, Pol. Law Reviewer 2003]. International party. entity whose place
An of
business is outside the Philippines. It shall not include a domestic subsidiary of such international party or a coventurer in a joint venture with a party which has its place of business in the Philippines. [Claridades, A., Compilation of Notes, 20012006]. International port of entry. Any port or seaport declared as such by the relevant authorities where international aircraft or vessels flying routes customarily stop to discharge and load foreign trade goods, repairs, transshipment of cargo, or disembarkation of passengers, and for which reasons customs and immigration officers are stationed thereat for purpose of enforcing the collection of corresponding duties, taxes or fees. [Customs Admin. Order 3-95, Dec. 6, 1995]. International public order or public policy. In conflict of laws, the general principle whereby courts may refuse to enforce contracts or foreign judgments or foreign arbitral awards which they deem to be repugnant to the forum's essential principles of morality and justice, or, in some cases, to the basic policies and interests of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
585 forum State. [Tetley, Glossary of Conflict of Laws, 2004]. International sale. A sale involving a buyer and seller with places of business in different states. [Intl. Law Dict. & Direct., 2000]. International taxation. The operationalization of the tax system on an international level. As it is, international taxation deals with the tax treatment of goods and services transferred on a global basis, multinational corporations and foreign investments. [Comm. of Int. Rev. v. Procter & Gamble Phil. Manufacturing Corp., GR 66838. Dec. 2, 1991]. International transportation. Any transportation in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the transportation or a transshipment, are situated [either] within the territories of two High Contracting Parties. [Santos III v. Northwest Orient Airlines, GR 101538. June 23, 1992, citing par. (2), Art. 1 of the Warsaw Convention]. International travelers. Any individual who arrives from a foreign destination, as
evidenced by a passport and passenger ticket. [Customs Admin. Order 3-95, Dec. 6, 1995]. Internet. An network of electronic networks, a communications medium, and an information repository. [Intl. Law Dict. & Direct., 2004]. See World Wide Web. Inter partes. Lat. Between parties. [Duhaime's Legal Dict., 2004]. Interpleader. 1. An action brought by a person against the conflicting claimants to compel them to interplead and litigate their several claims among themselves, whenever conflicting claims upon the same subject matter are or may be made against him, who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants. [Sec. 1, Rule 62, RoC]. 2. A remedial action whereby a person who has property in his possession or who has an obligation to render, goes to court and asks that persons who claim the said property or who consider themselves entitled to demand compliance with the said obligation, be required to litigate among themselves in order to determine who is the rightful
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
586 owner or claimant. Upon filing of the complaint, the court issues an order requiring the conflicting claimants to file their answer setting forth their respective claims. In this action, there is no need to cite a cause of action since the plaintiff does not seek to enforce a right or redress a wrong. In a manner of speaking, although he starts the action, he seeks to wash his hands of litigation by retiring to one side and let the claimants contend for their right of property that is in his possession. [Claridades, A., Compilation of Notes, 20012006]. Interpretare concordare legibus est optimus interpretandi. Lat. Every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence. [Rep. v. Asuncion, 231 SCRA 211, 232 [1994], citing Ruben E. Agpalo, Stat. Construction 192 (2nd Ed., 1990)]. Interpretatio fienda est ut res magis valeat quam pereat. Lat. Such interpretation is to be adopted so that the law may continue to have efficiency rather than fail. [People v. Simon, GR 93028. July 29, 1994].
Interpretation. The act of making intelligible what was before not understood, ambiguous, or not obvious. It is a method by which the meaning of language is ascertained. [NIA v. Gamit, GR 85869. Nov. 6, 1992]. Interpretation of contracts. Such interpretation as would allow the literal meaning of the stipulations of the contract to control, if its terms are clear and leave no doubt upon the intention of the contracting parties. However, if the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former. [Art. 1370, CC]. Interpretatio talis in ambiguis semper frienda est, ut evitatur inconveniens et absurdum. Lat. Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is to be adopted. [Comm. of Int. Rev. v. CTA, GR 83736. Jan. 15, 1992]. Interpretative clause. That part of the statute where the legislature defines its own language or prescribes rules for its construction. [Suarez, Stat. Con., (1993), p. 49]. Interpretative rules. Rules designed to provide
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
587 guidelines to the law which the administrative agency is in charge of enforcing. [Misamis Or. Assoc. of Coco Traders v. DOF Sec., GR 108524. Nov. 10, 1994]. Compare with Legislative rule. Interrogatories. A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device. [Glossary of Legal Terms (Pro-Se), 2004]. Interruption of good faith. The cessation of possession in good faith from the moment defects in the title are made known to the possessor, by extraneous evidence or by suit for the recovery of the property by the true owner. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 256, citing Ortiz v. Cayanan, 92 SCRA 246]. Interruption of religious worship. Crim. Law. The felony committed by any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. [Art. 132, RPC]. Intertemporal law. Intl. Law. The legal rule that the validity of a state's action is
determined by the accepted rule of international law at the time the action was taken and not by a rule of law adopted later. [Intl. Law Dict. & Direct., 2004]. Intertemporal law doctrine. Intl. Law. Legal doctrine that practices regarded as lawful in the past will continue to be respected in the future. [Intl. Law Dict. & Direct., 2004]. Inter-union controversy or dispute. A dispute occurring or carried on between or among unions. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092. July 27, 1992]. Compare with Intra-union conflict. Intervenor. A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof who may, with leave of court, be allowed to intervene in the action. [Sec. 1, Rule 19, RoC]. Intervention. Intl Law. An act by which a state interferes with the domestic or foreign affairs of another state or states through the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
588 employment of force or threat of force. Such force may be physical or, in the present state of world affairs, even political or economic. [Sandoval, Pol. Law Reviewer 2003]. Intervention. Rem. Law. 1. A proceeding by which a person who has legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or when he is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in an action [Sec 1, Rule 19, RoC]. 2. A proceeding in a suit or action by which a third person is permitted by the court to make himself a party, either joining plaintiff in claiming what is sought by the complaint, or uniting with defendant in resisting the claims of plaintiff, or demanding something adversely to both of them; the act or proceeding by which a third person becomes a party in a suit pending between others; the admission, by leave of court, of a person not an original party to pending legal proceedings, by which such person becomes a party thereto for the protection of
some right of interest alleged by him to be affected by such proceedings. [33 CJ, 477, cited in Garcia, v. David, 67 Phil. 279, p. 282]. 3. An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit. [Jurist’s Legal Dict., 2004]. Inter vivos. Lat. From one living person to another living person. [Duhaime's Legal Dict., 2004]. Intestate. 1. Dying without a will. [Duhaime's Legal Dict., 2004]. 2. The status of a person who dies without leaving a will. [Jurist’s Legal Dict., 2004]. Intestate estate. The estate of a deceased person without a will. The estate is settled by the laws of intestacy provided in the Civil Code. [Bench Book for Trial Court Judges, p. 3-1]. Compare with Testate estate. Intestate heirs. Also Legal heirs. Those who inherit by their own right, and those who inherit by the right of representation. [Rosales v. Rosales, GR L-40789. Feb. 27, 1987]. Intestate succession. Also Legal succession. 1. That which is effected by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
589 operation of law in default of a will. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 15]. 2. A succession of property when the deceased has left no will, or when the will has been revoked. [Jurist’s Legal Dict., 2004]. Compare with Testamentary succession. Intestinal obstruction. A condition in which the passage of intestinal contents is arrested or seriously impaired. This is due to causes which are either mechanical, vascular or neurogenic. [Rodriguez v. ECC, GR 46454. Sep. 28, 1989]. Intimidation. Unlawful coercion; extortion; duress; putting in fear. [People v. Alfeche, GR 102070. July 23, 1992, citing Black's Law Dict., 5th Ed. (1979), 737]. Intimidation to vitiate consent. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. [Art. 1335, CC]. Intimidation to vitiate consent. Requisites: (a)
That the intimidation caused the consent to be given; (b) that the threatened act be unjust or unlawful; (c) that the threat be real or serious, there being evident disproportion between the evil and the resistance which all man can offer, leading to the choice of doing that act which is forced on the person to do as the lesser evil; and (d) that it produces a well-grounded fear from the fact that the person from whom it comes has the necessary means or ability to inflict the threatened injury to his person or property. [Lichauco de Leon v. CA, GR 80965, 186 SCRA 345 (1990)]. Intoxication. The term comprehends a situation where, by reason of drinking intoxicants, an individual does not have the normal use of his physical or mental faculties, thus rendering him incapable of acting in the manner in which an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would act under like conditions. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 423]. Intra. A prefix meaning "within”, “inside of”, as in “intramural”, “intravenous”. [Pepsi-Cola Sales and Advertising Union v. Sec. of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
590 Labor, GR 97092. July 27, 1992]. Compare with Inter. Intra-corporate controversy. A controversy which arises between a stockholder and the corporation. [Philex Mining v. Reyes, 118 SCRA 602, 605, 606]. In transit. On the way or passage; while passing from one person or place to another. In the course of transportation. [Calme v. CA, GR 116688. Aug. 30, 1996, citing Black's Law Dict., p. 738]. In transitu. Lat. In transit; on the way or passage; while passing from one’s person or place to another. In the course of transportation. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 423]. Intra-union conflict. A conflict within or inside a labor union. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092. July 27, 1992]. Compare with Inter-union controversy or dispute. Intra vires act. Corp. Law. An act which is within the express, implied or incidental powers of the corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 277]. Compare with Ultra vires act.
Intriguing against honor. Crim. Law. The felony committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of a person. [Art. 364, RPC]. Intrinsic ambiguity. Also Latent ambiguity. When the writing on its face appears clear but there are collateral matters or circumstances which make the meaning certain. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Extrinsic or patent ambiguity. Intrinsic fraud. It takes the form of acts of a party in a litigation during the trial, such as the use of forged instruments or perjured testimony, which did not affect the present action of the case, but did present a fair and just determination of the case. [Libudan v. Gil, 45 SCRA 17]. Compare with Extrinsic or collateral fraud. Introduction. Bringing species into the wild that is outside its natural habitat. [Sec. 5, RA 9147]. In trust. An obligation upon a person arising out of a confidence reposed in him to apply properly, faithfully and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
591 according to such confidence. [Robles v. CA, GR 59640. July 15, 1991, citing Bouvier's Law Dict., Baldwins Century Ed., p. 1192]. Inure. To take effect, to result; to come into operation. [Duhaime's Legal Dict., 2004]. Invalid delegation. If there are gaps in the law that will prevent its enforcement unless they are first filled, the delegate will then have been given the opportunity to step in the shoes of the legislature and exercise a discretion essentially legislative in order to repair the omissions. [Guingona v. Carague, GR 94571. Apr. 22, 1991. citing Cruz, Phil. Pol. Law, pp. 97-99, 1987 Ed.]. Invention. 1. Any patented machine, product, process, including implements or tools and other related gadgets of invention, utility model and industrial design patents. [Sec. 3, RA 7459]. 2. Any new and useful machine manufactured product or substance, process or any improvement thereof that satisfies the requirement of novelty, utility and operativeness. [Sec. 1, PD 1423]. Invention not considered new or patentable. An
invention which shall not be considered new or capable of being patented if it was known or used by others in the Philippines before the invention thereof by the inventor named in an application for patent for the invention; or if it was patented or described in any printed publication in the Philippines or any foreign country more than one year before the application for a patent therefor; or if it had been in public use or on sale in the Philippines for more than one year before the application for a patent therefor; or if it is the subject matter of a validly issued patent in the Philippines granted on an application filed before the filing of the application for patent therefor. [Sec. 9, RA 165]. Inventions not patentable. An invention which shall not be patentable if it is contrary to public order or morals, or to public health or welfare, or if it constitutes a mere idea, scientific principle or abstract theorem not embodied in an invention as specified in Sec. 7 of RA 165, or any process not directed to the making or improving of a commercial product. [Sec. 8, RA 165]. Inventions patentable. Any invention of a new and useful machine,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
592 manufactured product or substance, process, or an improvement of any of the foregoing, which shall be patentable. [Sec. 7, RA 165]. Inventor. The patentee, heir, or assignee, of an invention letters patent, utility model letters or industrial design letters patent. [Sec. 3, RA 7459]. Inventory. 1. An itemized list of supplies or property on hand containing designation or description of each specific article with its valuation. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. A list or schedule or enumeration in writing, containing, article by article, the goods and chattels of a person. [McCullough v. R. Aenlle & Co., GR 1300, Feb. 3, 1904, citing 17 Am. and Eng. Enc. of Law, 419]. Investigate. 1. To examine, explore, inquire or delve or probe into, research on, study. 2. To observe or study closely: inquire into systematically: to search or inquire into: to subject to an official probe; to conduct an official inquiry. [Cariño v. CHR, GR 96681. Dec. 2, 1991, citing Webster's 3rd New Intl. Dict.]. Investigation. An inquiry, judicial or otherwise, for the discovery and collection of
facts concerning the matter or matters involved. [Antigraft League v. Ortega, GR L-33912. Sep. 11, 1980, citing Ballentine's Law Dict. with Pronunciation, 1930 ed., p. 682]. Investment. 1. Equity participation in any enterprise formed, organized or existing under the laws of the Philippines. [Art. 44, EO 226, July 16, 1987]. 2. A commitment of money or capital in order to earn a financial return. [Intl. Law Dict. & Direct., 2000]. Investment banker. Any person engaged in the business of underwriting securities issued by other persons, but does not include an investment company, any person who acts as an underwriter in isolated transactions, but not as a part of a regular business, or any person solely by reason of the fact that such person is an underwriter for one or more investment companies. [Sec. 3, RA 2629]. Investment company. Any issuer which is or holds itself out as being engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting, or trading in securities. [Sec. 4, RA 2629].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
593 Investment Incentive Policy Act of 1983. Batas Pambansa Blg. 391 enacted on Apr. 28, 1983. [Expressly repealed by EO 226 on July 16, 1987]. Investments Promotion Act for Less Developed Areas. Batas Pambansa Blg. 44 entitled “An Act to promote investments in less developed areas” enacted on Nov. 26, 1979. [Expressly repealed by EO 226 on July 16, 1987]. Investors and Invention Incentives Act of the Philippines. RA 7459 entitled “An Act providing incentives to Filipino investors and expanding the functions of the technology application and promotion institute, appropriating funds therefor, and for other purposes” enacted on Apr. 28, 1992. Invoice. 1. A detailed statement of the nature, quantity and cost of the thing sold and has been considered not a bill of sale. [Norkis Distributors, Inc. v. CA, GR 91029. Feb. 7, 1991, citing Am. Jur. 2nd Ed., Vol. 67, p. 378]. 2. A list of the items sought to be purchased and their prices. [Ramos v. CA, GR L-3992225. Aug. 21, 1987].
Involuntarily committed child. A child whose parent(s), known or unknown, has been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities. [Sec. 3, RA 8552]. Compare with Voluntarily committed child. Involuntary dissolution. The dissolution of a corporation by the SEC upon filing of a verified complaint and after proper notice and hearing on the grounds provided by existing laws, rules and regulations. [Sec. 121, Corp. Code]. Involuntary entrance. See Arrival under stress. Involuntary servitude. 1. A condition of enforced, compulsory service of one to another. [Rubi v. Prov. Board of Mindoro, 39 Phil. 660, 708]. 2. The condition of one who is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not. [Aclaracion v. Gatmaitan, GR L-39115. May 26, 1975, citing Black's Law Dict., 4th Ed., p. 961].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
594 Involuntary statement. A statement of the accused who was not assisted by counsel which is deemed, in contemplation of law, to be involuntary, even if it were otherwise voluntary, technically. [Moreno’s Law Dict., 2000 Ed., p. 243]. Involuntary trust. Constructive trust.
See
Iodine deficiency disorder. A broad spectrum of deficiencies resulting from lack of iodine in the diet which leads to the reduction of intellectual and physical capacity affecting everyone who is iodine-deficiency and may manifest as goiter, mental retardation, physical and mental defects, and cretinism. [Sec. 4, RA 8172]. IP Code. RA 8293 also known as the Intellectual Property Code of the Philippines. [Sec. 3, RA 9239]. Ipinagbili. Tag. Sold. [Moreno’s Law Dict., 2000 Ed., p. 243]. Ipso facto. Lat. By the fact itself; by the mere fact. [Angara v. Gorospe, GR L9230. Apr. 22, 1957]. Iridodialysis. The separation or loosening of the iris from its attachment. [Aguja v. GSIS, GR 84846. Aug. 5, 1991].
Iron curtain rule. Succession 1. The rule that an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. [Art. 992, CC]. 2. The rule enunciated under Art. 992 of the Civil Code that provides a barrier or iron curtain in that it prohibits absolutely a succession ab intestato between the illegitimate child and the legitimate children and relatives of the father or mother of said illegitimate child. They may have a natural tie of blood, but this is not recognized by law for the purpose of Art. 992. Between the legitimate family and the illegitimate family there is presumed to be an intervening antagonism and incompatibility. The illegitimate child is disgracefully looked down upon by the legitimate family; and the family is in turn, hated by the illegitimate child; the latter considers the privileged condition of the former, and the resources of which it is thereby deprived; the former, in turn, sees in the illegitimate child nothing but the product of sin, palpable evidence of a blemish
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
595 broken in life; the law does no more than recognize this truth, by avoiding further ground of resentment. [Diaz v. IAC, GR 66574. Feb. 21, 1990, citing 7 Manresa 110]. Also known as Rule of barrier between the legitimate family and the illegitimate family. See also Rule of barrier between the legitimate family and illegitimate. Irregular execution. As a rule, the failure of the writ to conform to the decree of the decision executed. [Canlas v. CA, GR L-77691. Aug. 8, 1988]. Irregular indorser. Nego. Inst. A person who, not otherwise a party to an instrument, places thereon his signature in blank before delivery. [Sec. 64, NIL]. Irregularities in the performance of duties. The improper performance of some act which might lawfully be done. [Sec. 8, PD 971]. Irrelevant. In pleadings and in objections to questions and manifestations, the term conveys the idea that the matter objected to is not directly connected with, related to, nor in any manner having any bearing to the issue involved.
[Moreno’s Law Dict., 2000 Ed., p. 244]. Irrelevant evidence. Evidence which has no probative value. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. Compare with Relevant evidence. Irreparable damages. Within the meaning of the rule relative to the issuance of injunction, such damages where there is no standard by which their amount can be measured with reasonable accuracy. [SSS v. Bayona, 5 SCRA 126, 130131 (1962)]. Irreparable injury. An injury of such constant and frequent recurrence that no fair and reasonable redress can be had therefor in a court of law, or where there is no standard by which their amount can be measured with reasonable accuracy, that is, it is not susceptible of mathematical computation. [Allundorff v. Abrahanson, 38 Phil. 58 cited in Phil. Virginia Tobacco v. De los Angeles, 164 SCRA 555 (1988)]. An injury which cannot be adequately compensated in damages due to the nature of the injury itself or the nature of the right or property injured or when there exists no certain pecuniary standard for the measurement of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
596 damages. [PAL v. NLRC, GR 120567. Mar. 20, 1998, citing Moreno, Phil. Law Dict., 1982 ed., p. 321]. Irresistible force. One that must produce such an effect upon the individual that, in spite of all resistance, it reduces him to a mere instrument and, as such, incapable of committing a crime. [People v. Fernando, GR L-24781. May 29, 1970]. Irresistible impulse rule. The rule which provides that “a person is considered insane when mental disease has rendered him incapable of restraining himself although he understands what he is doing and knows it is wrong. [Olarte, Legal Med., 1st Ed. (2004), p. 153]. Irresistible impulse test. The test under which a person acts under an irresistible impulse when, by reason of duress or mental disease, he has lost the power to choose between right and wrong, to avoid the act in question, his free agency being at the time destroyed. [People v. Dungo, GR 89420. July 31, 1991]. Compare with Delusion impulse test and Right and wrong test. Irretrospectivity. Prospectivity.
See
Irrevocable beneficiary. The person designated to receive the proceeds of the policy in the event of death of the Insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28]. Irrevocable credit. The duration of the letter of credit. What it simply means is that the issuing bank may not without the consent of the beneficiary (seller) and the applicant (buyer) revoke his undertaking under the letter. The issuing bank does not reserve the right to revoke the credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991]. Compare with Confirmed letter of credit. Irrevocable letter of credit. One that constitutes a definite undertaking of the issuing bank, provided that the stipulated documents are presented and that the terms and conditions of the credit are complied with: i. if the credit provides for sight payment — to pay, or that payment will be made; ii. if the credit provides for deferred payment — to pay, or that payment will be made, on the date(s) determinable in accordance with the stipulations of the credit; iii. if the credit provides for acceptance — to accept drafts drawn by the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
597 beneficiary if the credit stipulates that they are to be drawn on the issuing bank, or to be responsible for their acceptance and payment at maturity if the credit stipulates that they are to be drawn on the applicant for the credit or any other drawee stipulated in the credit; iv. if the credit provides for negotiation — to pay without recourse to drawers and/or bona fide holders, draft(s) drawn by the beneficiary, at sight or at a tenor, on the applicant for the credit or on any other drawee stipulated in the credit other than the issuing bank itself, or to provide for negotiation by another bank and to pay, as above, if such negotiation is not effected. [Bank of America v. CA, GR 105395. Dec. 10, 1993, citing Art. 10 of the UCP]. Irrigable lands. Lands which display marked characteristics justifying the operation of an irrigation system. [Sec. 4, RA 8435]. Irrigated lands. 1. Lands serviced by natural irrigation or irrigation facilities. These include lands where water is not readily available as existing irrigation facilities need rehabilitation or upgrading or where irrigation water is not available yearround. [Sec. 4, RA 8435]. 2. Agricultural lands which are
supported by irrigation services. [Sec. 4, RA 7607]. Irrigation district. A public quasi corporation, organized, however, to conduct a business for the private benefit of the owners of land within its limits. They are members of the corporation, control its affairs, and alone are benefited by its operations. It is, in the administration of its business, the owner of its system in a proprietary rather than a public capacity, and must assume and bear the burdens of proprietary ownership. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Irrigation system. A system of irrigation facilities covering contiguous areas. [Sec. 4, RA 8435]. Irrigators' association (IA). An association of farmers within a contiguous area served by a National Irrigation System or Communal Irrigation System. [Sec. 4, RA 8435]. Irritant. Any substance not corrosive which, on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction. [Art. 4, RA 7394].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
598 Irrumation. See Fellatio. Isang dipa. Tag. One arm's length. [People v. Bustos, GR 35475. Mar. 16, 1989]. Isip-bata. Tag. One who thinks like a child despite his age. [People v. Antonio, GR 107950. June 17, 1994]. Islamic banking business. A banking business whose aims and operations do not involve interest (Riba) which is prohibited by the Islamic Shari'a principles. [Sec. 44, RA 6848]. Islamic law. The law according to the Muslim faith and as interpreted from the Koran. Islamic law is probably best known for deterrent punishment, which is the basis of the Islamic criminal system and the fact that there is no separation of church and state. Under Islamic law, the religion of Islam and the government are one. Islamic law is controlled, ruled and regulated by the Islamic religion. [Duhaime's Legal Dict., 2004]. Isolated distribution system. The low or high voltage backbone system of wires and associated facilities not directly connected to the national transmission system. [Sec. 4, RA 9136].
Isolated transaction. A transaction or series of transactions set apart from the common business of a foreign enterprise in the sense that there is no intention to engage in a progressive pursuit of the purpose and object of the business organization. [Eriks Pte. Ltd. v. CA, GR 118843. Feb. 6, 1997]. Issue. 1. The disputed point in a disagreement between parties in a lawsuit. 2. To send out officially, as in ‘to issue an order.” [Glossary of Legal Terms (Pro-Se), 2004]. 3. Nego. Inst. The first delivery of the instrument, complete in form, to a person who takes it as a holder. [Sec. 191, NIL]. Issued capital stock. See Outstanding capital stock. Issue preclusion. Preclusion of issues.
See
Issuer. 1. The originator, maker, obligor, or creator of the security. [Sec. 3, RA 8799]. 2. Every person who issues or proposes to issue any security, or has outstanding any security which it has issued. [Sec. 3, RA 2629]. Issue slip. The document used as evidence in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
599 transfer of non-consumable supplies or property from the general services officer, municipal or barangay treasurer, as the case may be, to a department head for issuance to the end-user. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Issuing bank. See Opening bank. Ita semper fiat relatio ut valeat dispositio. Lat. The interpretation must always be such that the disposition may prevail. [Maddumba v. GSIS, GR 61293. Feb. 15, 1990]. Item. In budgetary legislation and practice, the particulars, the details, the distinct and severable parts of the bill. An indivisible sum of money dedicated to a stated purpose. [Gonzales v. Macaraig, Jr., GR 87636. Nov. 19, 1990]. Items in a bill. The particulars, the details, the distinct, and several parts of the bill. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 134]. Item (of an appropriation bill). An item which in itself is a specific appropriation of money, not some general provision of law, which happens to be put into an appropriation bill. [Bengzon
v. Sec. of Justice, 299 US 410-416]. Ius commune. General law that applies where statute does not. It usually applies in both jurisdictions so that a question of conflict does not apply. It is also a common source of law used in arbitration proceedings. [Tetley, Glossary of Conflict of Laws, 2004]. Ius gentium. The law of nations, referring to International Law. [Tetley, Glossary of Conflict of Laws, 2004]. Iyot ni inam. Ilok. The first word refers to the actual sexual act and the rest refer to mother. Combined the term would be more derogatory than the Tagalog expression "Putang-ina mo." [People v. Rapanut, GR 106817. Oct. 24, 1996].
-JJaundice. A morbid condition characterized by yellowness of the eyes, skin and urine, constipation and loss of appetite. [Vda. De Tumolva
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
600 v. ECC, GR L-46187. Jan. 16, 1986, citing Maloy, Medical Dict. for Lawyers, 2nd Ed., p. 334]. JBC. See Judicial and Bar Council. J. D. Abbreviation for Juris Doctor or Doctor of Jurisprudence. Jeep or jeepneys or jeepney substitutes. Philippine jeep or jeepneys which are of the jitney type locally designed and manufactured generally from surplus parts and components. It shall also include jeepney substitutes that are manufactured from brand-new single cab chassis or cowl chassis and locally customized rear body that has continuous sideway row seats with open rear door and without retractable glass windows. [RA 9224]. Jeopardy. Crim. Law. The peril in which an accused is placed when put on trial before a court of competent jurisdiction upon an indictment or information which is sufficient in form and substance to sustain a conviction. [People v. Vergara, GR 101557-58. Apr. 28, 1993]. Jettison. The throwing overboard of cargo or an attempt to lighten and
refloat the vessel which has stranded. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109]. Jewelry Industry Development Act of 1998. RA 8502 entitled “An Act to promote the development of the jewelry manufacturing industry, providing incentives therefor and for other purposes” enacted on Feb. 13, 1998. Job. All the tasks carried out by a particular person in the completion of 7his prescribed duties. [Sec. 1, Rule 1, Book 2, IRR of LC]. Job contracting. Elements: (a) The contractor carries on an independent business and undertakes the contract work on his own account under his own responsibility according to his own manner and method, free from the control and direction of his employer or principal in all matters connected with the performance of the work except as to the results thereof; and (b) the contractor has substantial capital or investment in the form of tools, equipment, machineries, work premises, and other materials which are necessary in the conduct of his business. [Sec. 8, Rule VIII, LC]. Compare with Labor-only contracting.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
601 John Doe. A defendant whose identity or name is unknown. [Claridades, A., Compilation of Notes, 2001-2006]. Joinder of causes of action. The assertion by a party, in one pleading, in the alternative or otherwise, as many causes of action as he may have against an opposing party. [Sec. 5, Rule 2, RoC]. Joinder of causes of action. Conditions: (a) The party joining the causes of action shall comply with the rules on joinder of parties; (b) The joinder shall not include special civil actions or actions governed by special rules; (c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and (d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. Joinder of causes of action. Requisites: (a) It will not violate the rules on jurisdiction, venue and joinder of parties, and (b)
the causes of action arise out of the same contract, transaction or relation between the parties, or are for demands for money or are of the same nature and character. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996]. Joint account. A transaction of merchants where other merchants agree to contribute the amount of capital agreed upon, and participating in the favorable or unfavorable results thereof in the proportion they may determine. [Suggested Answer of the UP Law Center for the 2000 Bar cited in Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 14]. Joint account partnership. A business arrangement whereby two or more persons interest themselves in the business of another making contributions thereto, and participating in the results of the business. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 14]. Joint account partnership. Features: (a) Only one member is ostensible; the others are silent; (b) no common name; (c) only the ostensible partner can sue or be sued; (d) no common fund. [Miravite, Bar Review
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
602 Materials in Comm. Law, 12th Ed., (2002), p. 14]. Joint adoption by the spouses. Exceptions: (a) When one spouse seeks to adopt his own illegitimate child; or (b) when one spouse seeks to adopt the legitimate child of the other. [Art. 185, FC]. Joint and several. In obligation, the term means solidary where each one of the debtors may be held liable for the entire obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Joint and several judgment. A judgment which imposes a joint and several obligation. [Moreno’s Law Dict., 2000 Ed., p. 247]. Joint and several liability. 1. A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay. [Gacayan v. Leaño, GR L33754. Mar. 28, 1983]. 2. The obligation assumed by several persons where each of the debtors is answerable for the whole obligation with the right to seek contribution from his co-debtors. [Phil. Intl. Surety v. Gonzales, GR L-15868. Oct. 31, 1961]. 3. Liability of more than one
person for which each person may be sued for the entire amount of damages done by all. [Duhaime's Legal Dict., 2004]. Joint and several note. One in which the makers bind themselves both jointly and individually to the payee so that all may be sued together for its enforcement, or the creditor may select one or more as the object of the suit. [Rep. Planters Bank v. CA, GR 93073. Dec. 21, 1992]. Joint and several obligation. In common law, the term corresponds to a civil law solidary obligation; that is, one of several debtors bound in such wise that each is liable for the entire amount, and not merely for his proportionate share. [Rep. Planters Bank v. CA, GR 93073. Dec. 21, 1992]. See also Solidary obligation. Joint custody. A child custody decision which means that both parents shall share joint legal custody and joint physical custody. [Duhaime's Legal Dict., 2004]. Joint debtor. One who is an indispensable party with respect to his own share and a necessary party with respect to the share of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
603 others. Compare Solidary co-debtors.
with
Joint-indivisible obligation. An obligation where it is joint as to the parties but indivisible as to compliance. [Diaz, Bus. Law Rev., 1991 Ed., p. 25]. Joint indorsement. Nego. Inst. An indorsement payable to two or more payees or indorsees. [Sec. 41, NIL]. Joint judgment. A judgment which imposes a joint obligation. [Moreno’s Law Dict., 2000 Ed., p. 247]. Joint liability. Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where two or more parties share liabilities. [Tetley, Glossary of Conflict of Laws, 2004]. Joint obligation. An obligation in which each of the debtors is liable only for a proportionate part of the debt, and each creditor is entitled only to a proportionate part of the credit. Hence, in this obligation, each creditor can recover only his share of the obligation, and each debtor can be made to pay only his part. [Quiombing v. CA, GR
93010. Aug. 30, 1990, citing Tolentino, Civil Code of the Phil., Vol. IV, 85 Ed., p. 218]. Compare with Solidary obligation. Joint Resolution. A Resolution passed by both chambers of the legislature in joint session. This kind of Resolution passes through greater procedural safeguard than the other kinds of Resolution. [Suarez, Stat. Con., (1993), p. 59]. Joint stock company. In common law countries, an unincorporated association of persons whose ownership interests are represented by transferable shares. The shareholders in such a company have unlimited personal liability. [Intl. Law Dict. & Direct., 2004]. Joint tenancy. A form of legal co-ownership of property (also known as survivorship). At the death of one coowner, the surviving coowner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife. [Glossary of Legal Terms (Pro-Se), 2004]. Joint trial. A trial where the offenses charged are similar, related, or connected, or are of the same or similar character or class, or involve
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
604 or arose out of the same or related or connected acts, occurrences, transactions, series of events, or chain of circumstances, or are based on acts or transactions constituting parts of a common scheme or plan, or are of the same pattern and committed in the same manner, or where there is a common element of substantial importance in their commission, or where the same, or much the same, evidence will be competent and admissible or required in their prosecution, and if not joined for trial the repetition or reproduction of substantially the same testimony will be required on each trial. [Palanca v. Querubin, GR L-29510-31. Nov. 29, 1969, citing 23 CJS, pp. 680-681]. Joint venture. 1. An association of persons or companies jointly undertaking some commercial enterprise; generally all contribute assets and share risks. It requires a community of interest in the performance of the subject matter, a right to direct and govern the policy in connection therewith, and duty, which may be altered by agreement to share both in profit and losses. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. 2. The
commitment or agreement by two (2) or more persons to carry out a specific or single business enterprise for their mutual benefit, for which purpose they combine their funds, land resources, facilities and services. [Sec. 3, RA 7279]. Joint venture agreement (JVA). An agreement entered into between the Government and one or more contractors in accordance with Sec. 26(c) of RA 7942. Joint will. A single testamentary instrument which contains the wills of two or more persons, jointly executed by them, either for their reciprocal benefit or for the benefit of a third person. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 104, citing 57 Am. Jur. Sec. 681, p. 458]. Joists. 1. A kind of beam laid horizontally and serving in buildings to support others or for bracing and connecting the parts of the structure. [Choco v. Santamaria, GR 6076. Dec. 29, 1911, citing Dict. of the Spanish Acad.]. 2. The horizontal timbers that are placed upon the tops of the uprights, that is, what are commonly called beams, intended to serve for connection and main support
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
605 of the timbers of the different floors that separate the stories of the building. [Choco v. Santamaria, GR 6076. Dec. 29, 1911, citing Scaevola, Civil Code, Vol. 10, p. 448]. Journal. 1. The official record of the acts of a legislative body. [Tolentino v. Sec. of Finance, GR 115525. Aug. 25, 1994]. 2. A book of original entry in which the happenings or transactions affecting the business of a taxpayer are recorded consecutively day by day as they occur. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 34]. 3. An academic or learned periodical. [Intl. Law Dict. & Direct., 2004]. Joy ride. Driving for the purpose of enjoyment or for a "frolic of one’s own.” [Filamer Christian Institute v. IAC, GR 75112. Aug. 17, 1992]. Judah's belt. A string of firecrackers consisting of either diablos or small triangulos that can number up to a hundred or thereabout and culminating in large firecracker usually a bawang. [Sec. 2, RA 7183]. Judge. 1. A public officer lawfully appointed to decide litigated questions according
to law. In its most extensive sense, the term includes all officers appointed to decide litigated questions while acting in that capacity, including justice of the peace, and even jurors, it is said, who are judges of facts. [People v. Manantan, GR L14129. July 31, 1962, citing Bouvier, Law Dict.]. 2. A presiding officer of the court. [Jurist’s Legal Dict., 2004]. Judge de facto. A person who has the reputation of being the officer he assumes to be and yet is not a good officer in point of law because there exists some defect in his appointment or his right to exercise judicial functions at the particular time [Luna v. Rodriguez, 37 Phil. 186, p. 192]. Judgment. Rem. Law. 1. The adjudication by the court that the defendant is guilty or is not guilty of the offense charged, and the imposition of the penalty provided for by law on the defendant, who pleads or is found guilty thereof. [Sec. 1, Rule 120, RoC]. 2. The decision or sentence of the law given by a court or other tribunal as the result of proceedings instituted therein. It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and determines the proceeding, and it is regarded as the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
606 sentence of the law pronounced by the court on the action or question before it. [Legarda v. CA, GR 94457. Oct. 16, 1997, citing 49 CJS Judgments § 1 and 2]. See also Summary judgment. Judgment by cognovit actionem. Rem. Law. The acknowledgment and confession by the defendant after service, instead of entering a plea, that the plaintiff’s cause of action was just and rightful. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 626]. Compare with Judgment by confession relicta verificatione. Judgment by confession. Rem. Law. One which is rendered against a party upon his petition or consent. It usually happens when the defendant appears in court and confesses the right of the plaintiff to judgment or files a pleading expressly agreeing to the plaintiff's demand. [De Ocampo v. Florenciano (1960) 107 Phil. 37, cited in 1 Moran's Comments on the Rules of Court, p. 640, 1963 Ed]. Judgment by confession. Rem. Law. Kinds: (a) A judgment by cognovit actionem, and (b) a judgment by confession relicta verificatione. [PNB v. Manila Oil Refining & By-
Products Co. Inc., GR 18103. June 8, 1922]
L-
Judgment by confession relicta verificatione. Rem. Law. The confession by the defendant, after pleading and before trial, of the plaintiff’s cause of action and the withdrawal or abandonment of his plea or other allegations, whereupon judgment shall be entered against him without proceeding to trial. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 626]. Compare with Judgment by cognovit actionem. Judgment by consent. Rem. Law. A judgment based on an agreement and which may only be rendered when the parties on both sides ask for it. [Moreno’s Law Dict., 2000 Ed., p. 249]. Judgment debtor. Rem. Law. One who owes money as a result of a judgment in favor of a creditor. [Gacayan v. Leaño, GR L-33754. Mar. 28, 1983]. Judgment for credit. Rem. Law. A judgment for back rentals, for the purpose of applying the legal rate of interest. [Moreno’s Law Dict., 2000 Ed., p. 249]. Judgment of conviction. Requisites: The judgment
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
607 shall state (a) the legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission, if there are any; (b) the participation of the accused in the commission of the offense, whether as principal, accomplice or accessory after the fact; (c) the penalty imposed upon the accused; and (d) the civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate action has been reserved or waived. [People v. Valeriano, GR 103604-05. Sep. 23, 1993]. Judgment of nonsuit. Rem. Law. A judgment given against plaintiff when he is unable to prove a case, or when he refuses or neglects to proceed to trial and leaves the issue undetermined. In our jurisdiction, a declaration of nonsuit necessarily involves the rendition of a final order or judgment which terminates plaintiff's cause of action or right of recovery under his complaint which is thereby dismissed. [BA Finance Corp. v. Co, GR 105751. June 30, 1993].
Judgment on plea of limitation of action. Rem. Law. A judgment on the merit bars plaintiff in a subsequent suit on the same cause of action. [Moreno’s Law Dict., 2000 Ed., p. 249]. Judgment on the merits. Rem. Law. 1. A judgment which determines the rights and liabilities of the parties based on the disclosed facts, irrespective of formal, technical or dilatory objections. It is not necessary, however, that there should have been a trial. If the judgment is general, and not based on any technical defect or objection, and the parties had a full legal opportunity to be heard on their respective claims and contentions, it is on the merits although there was no actual hearing or arguments on the facts of the case. [Mendiola v. CA, GR 122807. July 5, 1996]. 2. A judgment which amounts to a declaration of the law as to the respective rights and duties of the parties, based upon the ultimate fact or state of facts disclosed by the pleadings and evidence, and upon which the right of recovery depends, irrespective of formal, technical or dilatory objection or contentious [Amer. Inter-Fashion Corp. v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
608 OP, GR 92422. May 23, 1991, citing Vicente J. Francisco, Rev. Rules of Court, Vol. II, pp. 841-842]. See Adjudication on the merits. Judgment on the pleadings. Rem. Law. A judgment which the court, on motion of the adverse party, may direct on such party’s pleading where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading. However, in actions for declaration of nullity of marriage or for legal separation the material facts alleged in the complaint shall always be proved. [Sec. 1, Rule 34, RoC]. Judgment rendered through negligence. Crim. Law. The felony committed by any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision. [Art. 205, RPC]. Judgment upon a compromise. Rem. Law. A judgment embodying a compromise agreement entered into by the parties in which they make reciprocal concessions in order to terminate a litigation already instituted. [United Housing v. Dayrit, 181 SCRA 285, 293
(1990) citing Binamira v. Ogan-Occena, 148 SCRA 677 (1987)]. Compare with Judgment upon confession. Judgment upon confession. Rem. Law. A judgment which is rendered against a party upon his petition or consent. It usually happens when the defendant appears in court and confesses the right of the plaintiff to judgment or files a pleading expressly agreeing to the plaintiff's demand. [De Ocampo v. Florenciano (1960) 107 Phil. 37, cited in 1 Moran's Comments on the Rules of Court, p. 640, 1963 Ed.; Acenas v. Sison, GR L-17011, 30 Aug. 1963]. Compare with Judgment upon compromise. Judicial admission. An admission, verbal or written, made by a party in the course of the proceedings in the same case, not requiring proof and may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. [Sec. 4, Rule 129, RoC]. Compare with Extrajudicial admission. Judicial and Bar Council (JBC). A body created under the supervision of the Supreme Court, composed of the Chief Justice as ex officio
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
609 Chairman, the Sec. of Justice, and representatives of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector. It has the principal function of recommending appointees to the judiciary. [Sec. 8, Art. VIII, 1987 Phil. Const.]. Judicial authority. The courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense, that is, “the Supreme Court and such inferior courts as may be established by law." [Sayo v. Chief of Police, GR L-2128. May 12, 1948, citing Art. 125, RPC]. Judicial compensation. This takes place when the court permits the counterclaim of the defendant as against the claim of the plaintiff. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Judicial confession. A confession made by the accused before a court in which the case is pending and in the course of legal proceedings therein and, by itself, can sustain a conviction. [Claridades, A.,
Compilation of Notes, 20012006]. Compare with Extrajudicial confession. Judicial confirmation of incomplete or imperfect title. The only legal method by which full and absolute title to the land may be granted, to convert the land into a truly private land. To secure such judicial title, only the courts can be resorted to. [Meralco v. Castro-Bartolome, GR 49623; Rep. v. Villanueva, GR 55289, June 29, 1982]. Judicial costs. The statutory allowances to a party to an action for his expenses incurred in the action, and having reference only to the parties and to the amounts paid by them. [Damasen v. Hernando, GR L-49995. Apr. 8, 1981, citing Ballentine Law Dict., 1948 Ed.]. Judicial decisions. Decisions of the Supreme Court which apply or interpret the Constitution or the laws and are part of the legal system of the Philippines. Though not laws, they are nonetheless evidence of what the laws mean, and it is for this reason that they are part of the legal system of the Philippines. [Columbia Pictures v. CA, GR 110318. Aug. 28, 1996, citing Paras, Civil Code of the Phil. Annotated, 12th Ed., 57].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
610 Judicial decree. A decree issued and entered by the Commissioner of Land Registration, pursuant to an order of the court rendered by the court in a registration case has become final. It is also called Decree of Registration. [Moreno’s Law Dict., 2000 Ed., p. 250]. Judicial deposit or sequestration. It takes place when an attachment or seizure of property in litigation is ordered. [Art. 2005, CC]. Judicial discretion. The exercise of the judge's individual opinion and the law has wisely provided that its exercise be guided by well-known rules which, while allowing the judge rational latitude for the operation of his own individual views, prevent them from getting out of control. [Basco v. Rapatalo, AM RTJ-96-1335. Mar. 5, 1997]. Judicial due process. Requisites: (a) There must be a court of tribunal clothed with the power to hear and determine the matter before it; (b) jurisdiction shall have been lawfully acquired; (c) the defendant shall have an opportunity to be heard; and (d) judgment shall be rendered upon lawful
hearing. [Cruz, Constl. Law, 1998 Ed., p. 108, citing, Banco Español v. Palanca, 37 Phil. 921]. Compare with Administrative due process. Judicial function. The faculty of receiving evidence and making factual conclusions in a controversy which must be accompanied by the authority of applying the law to those factual conclusions to the end that the controversy may be decided or determined authoritatively, finally and definitively, subject to such appeals or modes of review as may be provided by law. [Cariño v. CHR, GR 96681. Dec. 2, 1991]. Judicial inquiry. Requisites: (a) That the question must be raised by the proper party; (b) that there must be an actual case or controversy; (c) that the question must be raised at the earliest possible opportunity; and, (d) that the decision on the constitutional or legal question must be necessary to the determination of the case itself. [Cruz, Phil. Pol. Law, 1991 ed., p. 235; Dumlao v. Comelec, GR 50245, 22 Jan. 1980, 95 SCRA 392]. See also Judicial review, power of.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
611 Judicial mistake. A mistake committed by the court in trial. [Moreno’s Law Dict., 2000 Ed., p. 251]. Judicial notice. Cognizance of certain facts which the courts may properly take and act upon without proof. They are based on considerations of expediency and convenience. [Claridades, A., Compilation of Notes, 2001-2006]. Judicial notice. Requisites: (a) The matter must be one of common and general knowledge; (b) it must be well and authoritatively settled and not doubtful or uncertain; and (c) it must be known to be within the limits of the jurisdiction of the court. [State Prosecutors v. Muro, AM RTJ-92-876. Sep. 19, 1994, citing 20 Am. Jur., Evidence, Sec. 17, 48]. Judicial officer. A magistrate. The terms “magistrate” and “judicial officer” have been used interchangeably. [Moreno’s Law Dict., 2000 Ed., p. 251]. Judicial period. The period is fixed by the courts. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Judicial power. The duty of the Courts of Justice to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government [Sec. 1, Par. 2, Art. VII, 1987 Phil. Const.]. Judicial process. A writ, warrant, subpoena, or other formal writing issued by authority of law; also the means of accomplishing an end, including judicial proceedings, or all writs, warrants, summonses, and orders of courts of justice or judicial officers. It is likewise held to include a writ, summons, or order issued in a judicial proceeding to acquire jurisdiction of a person or his property, to expedite the cause or enforce the judgment, or a writ, warrant, mandate, or other process issuing from a court of justice. [Malaloan v. CA, 232 SCRA 249, 257 (1994)]. Judicial question. A question that is to be passed upon by courts of justice which are manned by judges who have the necessary skill and competence to resolve it. Thus, an administrative, quasi-judicial agency is generally not empowered to adjudicate purely judicial
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
612 questions. [Moreno’s Law Dict., 2000 Ed., pp. 251252]. Judicial recognition. See Compulsory recognition of natural children. Compare with Voluntary recognition of natural children. Judicial review. The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches. [Glossary of Legal Terms (Pro-Se), 2004]. Judicial review, power of. Requisites: (a) The existence of an actual and appropriate case; (b) a personal and substantial interest of the party raising the constitutional question; (c) the exercise of judicial review is pleaded at the earliest opportunity; and (d) the constitutional question is the lis mota of the case. [Luz Farms v. Sec. of the DAR, 192 SCRA 51 (1990); Dumlao v. Comelec, 95 SCRA 392 (1980); People v. Vera, 65 Phil. 56 (1937)]. See also Judicial inquiry. Judicial stability doctrine. The doctrine of noninterference which has been regarded as an elementary principle of higher
importance in the administration of justice that the judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of concurrent jurisdiction. [Rep. v. Reyes, 155 SCRA 313 (1987), citing 30-A Am Jur 605]. Judicial supremacy doctrine. 1. The power vested in the judiciary to annul the acts of either the legislative or the executive or of both when not conformable to the fundamental law. [Assoc. of Small Landowners in the Phil. v. Sec. of Agrarian Reform, 175 SCRA 343]. 2. The power of judicial review under the Constitution. [Angara v. Electoral Comm., GR 45081. July 15, 1936]. Judiciary. The branch of government invested with judicial power to interpret and apply the law; the court system; the body of judges; the bench. [Glossary of Legal Terms (Pro-Se), 2004]. Judiciary Reorganization Act of 1980, The. BP 129 entitled “An Act reorganizing the judiciary, appropriating funds therefor, and for other purposes” enacted on Aug. 14, 1981. Judicis est jus dicere, non dare. Lat. It is the duty of a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
613 judge to declare the law, not to make it. [Moreno’s Law Dict., 2000 Ed., p. 252]. Judicium non debet esse illusorium; suum effectum habere debet. Lat. A judgment ought not to be illusory; it ought to have its proper effect. [PAL v. CA, GR 49188. Jan. 30, 1990].
position. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 442]. Junior encumbrancer. A lien or mortgage holder who is subordinate to a prior holder or encumbrancer. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Senior encumbrancer.
Jueteng. An illegal numbers game that involves the combination of thirty-seven (37) numbers against thirtyseven (37) numbers from number one (1) to thirty seven (37) or the combination of thirty-eight (38) numbers in some areas, serving as a form of local lottery where bets are placed and accepted per combination, and its variants. [Sec. 2, RA 9287].
Junior lien. Lien which is subordinate to prior lien. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 442]. Compare with Senior lien.
Jugadores. Sp. Gamblers. [US v. Salaveria, GR 13678. Nov. 12, 1918].
Jura regalia. Lat. 1. A concept which "embodied the universal feudal theory that all lands were held from the Crown." [Lee Hong Hok v. David, L-30389, Dec. 27, 1972]. 2. The concept that all natural resources are owned by the State. [Miners Assoc. of the Phil. V. Factoran, GR 98332. Jan. 16, 1995].
Jumbo regular and special. A kind of sparkler similar to a "fountain" but bigger in size. [Sec. 2, RA 7183]. Jumper. A piece of metal or an electrical conductor used to bypass a safety device in an electrical system. [Sec. 3, PD 1185]. Junior. Younger. Lower in rank, tenure, preference, or
Junior mortgage. A mortgage which is subordinate to another mortgage, called the priority or prior mortgage. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 442]. Compare with Senior mortgage.
Jurat. 1. The clause written at the foot of an affidavit or sworn declaration showing when, where, and before whom the affidavit was
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
614 sworn. [Peña, Legal Forms for Conveyancing, 4th Ed. 1994, p. 39]. 2. Certificate of person and officer before whom a writing is sworn to. [Glossary of Legal Terms (Pro-Se), 2004]. Jure. Lat. From Roman law: by right, under legal authority or by the authority of the law. A variation, juris means “of right" or "of the law." [Duhaime's Legal Dict., 2004]. Jure gestionis. Lat. Private act or acts. [Claridades, A., Compilation of Notes, 20012006]. Jure imperii. Lat. Public acts or acts. [Claridades, A., Compilation of Notes, 20012006]. Jure naturae acquum est neminem cum alterius detrimento et injuria fieri locupletiorem. Lat. No one shall enrich himself at the expense of another. [Moreno’s Law Dict., 2000 Ed., p. 252]. Juridical capacity. The fitness to be the subject of legal relations. [Art. 37, CC]. Compare with Capacity to act. Juridical or legal tie. The vinculum or the link which binds the parties to an
obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 24]. Juridical persons. The following are juridical persons: (a) The State and its political subdivisions; (b) other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; and (c) corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. [Art. 44, CC]. Jurisdiction. From Lat. Jus dicere. The “right to speak.” 1. The power and authority to hear, try, and decide a case; it does not depend on the regularity of the exercise of that power. [Herrera v. Barreto, 25 Phil. 245 (1913); Century Ins. v. Fuentes, 2 SCRA 1168 (1961)]. 2. The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear. [Glossary of Legal Terms (Pro-Se), 2004]. 3. International Law. The right of a State to exercise authority over persons and things within its boundaries
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
615 subject to certain exceptions. Thus, a State does not assume jurisdiction over traveling sovereigns, ambassadors and diplomatic representatives of other States, and foreign military units stationed in or marching through State territory with the permission of the latter's authorities. [Hongkong & Shanghai Banking Corp. v. Sherman, GR 72494. Aug. 11, 1989, citing J. Salonga, Private Intl. Law, 1981, pp. 37-38]. Compare with Venue. Jurisdictional facts. Those facts which would give the court jurisdiction over the proceedings, such as residence of the minor or incompetent, or the location of his property, or the residence of the person desiring to adopt. [Moreno’s Law Dict., 2000 Ed., p. 253]. Jurisdiction, exercise of. The decision of all other questions arising in the case where there is jurisdiction of the person and subject matter. [Herrera v. Baretto, GR 8692. Sep. 10, 1913]. Jurisdiction over the person. The power of a court to render judgment that will be binding on the parties involved, the plaintiff and the defendant. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 27].
Jurisdiction over the person of the defendant. Jurisdiction acquired (by the court) through the following means: voluntary appearance; personal or substituted service of summons. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 28, citing Rule 14, RoC]. Jurisdiction over the person of the plaintiff. Jurisdiction acquired (by the court) from the moment he (the plaintiff) institutes the action by the proper pleading. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 27, citing Manila Railroad v. Atty. Gen., 20 Phil. 523]. Jurisdiction over the res or thing. Jurisdiction over the particular subject matter in controversy, regardless of the persons who may be interested thereon. Said jurisdiction may for instance be acquired by coercive seizure of the property by attachment proceedings. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 29, citing Banco Español v. Palanca, 37 Phil. 921; Bernabe v. Vergara, 73 Phil. 676]. Jurisdiction over the subject-matter. The power to hear and determine cases of the general class to which
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
616 the proceedings in question belong. [Reyes v. Diaz, GR 48754. Nov. 26, 1941, citing CJS, p. 36]. Juris et de jure. Lat. Conclusive. [Pakistan Intl. Airlines v. Ople, GR 61594. Sep. 28, 1990]. Jurisprudence. 1. Science of law. Case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact. 2. The study of law and the structure of the legal system. [Glossary of Legal Terms (Pro-Se), 2004].
[Duhaime's 2004].
Legal
Dict.,
Jus abutendi. Lat. The right to consume the thing by its use. [Claridades, A., Compilation of Notes, 20012006]. Jus ad bellum. Lat. The right to initiate war. The rights of states to start wars. [Intl. Law Dict. & Direct., 2004]. Jus ad rem. Lat. A real right. [Moreno’s Law Dict., 2000 Ed., p. 253].
Jurisprudence constante. In civil law, a settled, fixed or invariable principle of law. [Moreno’s Law Dict., 2000 Ed., p. 253].
Jus alienis rebus utendi fruendi salva rerum substantia. Lat. The right to enjoy the property of another with the obligation of preserving its form and substance. [Vda. De Barreto v. Mapa, GR 45475. Nov. 16, 1937].
Juris tantum. Lat. Disputable. [Farolan v. Solmac Marketing Corp., GR 83589. Mar. 13, 1991].
Jus civile. Lat. Civ. Law. The Roman law applied to Roman citizens. [Intl. Law Dict. & Direct., 2004].
Jury. A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense. [Jurist’s Legal Dict., 2004].
Jus cogens. Lat. Intl. Law. A peremptory norm of general international law accepted and recognized by the international community as whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Jus. Lat. Word which, in Roman law, means the law or a right. Also spelled Jus in some English translations.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
617 [Sandoval, Pol. Law Reviewer 2003]. Jus commune. Lat. The common right. Law based on Roman law, canon law, and the interpretations of glossators and commentators, and common to Europe at the beginning of the Renaissance. [Intl. Law Dict. & Direct., 2004]. Jus contra bellum. Lat. Law on the prevention of war. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 91]. Jus dare. Lat. To make law or give law. [Office of Court Admin. V. Pascual, AM MTJ93-783. July 29, 1996]. Jus dicere. Lat. To interpret the law. [Office of Court Admin. V. Pascual, AM MTJ93-783. July 29, 1996]. Jus disponendi. Lat. Right to dispose. [Claridades, A., Compilation of Notes, 20012006]. Jus fruendi. Lat. Right to receive the fruits. [Claridades, A., Compilation of Notes, 2001-2006]. Jus gentiun. Lat. Law of nations. [Co Cham v. Tan Keh, GR L-5. Sep. 17, 1945]. The Roman law applied to dealings between nonRomans as well as to
dealings between Romans and non-Romans. [Intl. Law Dict. & Direct., 2004]. Jus gestionis. Lat. Proprietary rights exercised by the State. [Rep. v. Sandiganbayan, GR 90478. Nov. 21, 1991.] Jus imperii. Lat. The right of eminent domain exercised by the State. [Rep. v. Sandiganbayan, GR 90478. Nov. 21, 1991]. Jus in bello. Lat. The during war. The regulating combat or waging of war. [Intl. Dict. & Direct., 2004].
law law the Law
Jus in re. Lat. A real right. [Moreno’s Law Dict., 2000 Ed., p. 254]. Jus in re aliena. Lat. Right in the property of another person. [Gabuya v. Cruz, 38 SCRA 98]. Jus luminum. See Easement of light. Jus naturale. Lat. Natural law. Law inherent in nature that may be ascertained by reason. [Intl. Law Dict. & Direct., 2004]. Jus possessionis. Lat. Right of possession. [Claridades, A., Compilation of Notes, 2001-2006].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
618 Jus possidendi. Lat. Right to possess. [Claridades, A., Compilation of Notes, 20012006]. Jus postlimini doctrine. The doctrine holding that when a territory has been occupied by the enemy comes again into the power of the state during the progress of a war through conquest or otherwise, the legal state of the things existing prior to the hostile occupation is reestablished. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 36, citing Aruego, Intl. Law]. Jus projitiendi. Lat. Continuous easements. [Cortes v. Yu-tibo, GR 911. Mar. 12, 1903]. Jus sanguinis doctrine. The principle adhered to by the Philippine law on citizenship under which a child follows the nationality or citizenship of the parents regardless of the place of his/her birth. [Claridades, A., Compilation of Notes, 2001-2006]. Jus soli doctrine. The principle under which the nationality or citizenship of a child is determined on the basis of the place of his/her birth. [Claridades, A., Compilation of Notes, 20012006].
Jus spatiandi et manendi. Lat. Referring to a legal right of way, and to enjoyment, granted to the public but only for the purposes of recreation or education, such as upon parks or public squares. Very similar to an easement of which some courts have said a jus spatiandi is a special type. [LawInfo Legal Dictionary (2005)]. Jus spillitiendi. Lat. Apparent easements. [Cortes v. Yutibo, GR 911. Mar. 12, 1903]. Jus summi imperu. Lat. The absolute right to govern. [Frivaldo v. Comelec, GR 120295. June 28, 1996]. Jus suum quique tribuere. Lat. To render to every man his due. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Just. A very short time ago. [Umil v. Ramos, GR 81567. Oct. 3, 1991]. Just-cause dismissal. Labor. A form of termination usually initiated by the employer, where the latter is not legally bound to pay separation pay. [Poquiz, Labor Rel. Law, 1999 Ed. p. 349]. Just compensation. The full and fair equivalent of the property sought to be expropriated. The measure
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
619 is not the taker's gain but the owner's loss. The compensation, to he just, must be fair not only to the owner but also to the taker. Even as undervaluation would deprive the owner of his property without due process, so too would its overvaluation unduly favor him to the prejudice of the public. [Berkenkotter v. CA, GR 89980. Dec. 14, 1992]. Just debts. Those claims the existence and justness of which are admitted by the debtor. [Uy v. Magallanes, Jr., AM P-00-1421, Apr. 11, 2002]. Justice. Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. [Duhaime's Legal Dict., 2004]. Justiciable. Issues and claims capable of being properly examined in court. [Glossary of Legal Terms (Pro-Se), 2004]. Justiciable controversy. An actual controversy, or the ripening seeds of one which exists between the parties, all of whom are sui juris and before the court, and that the declaration sought will
help in ending the controversy. A doubt becomes a justiciable controversy when it is translated into a claim of right which is actually contested. [ Intl. Hardwood v. UP, GR 52518. Aug. 13, 1991]. Justifying circumstances. Those circumstances wherein the acts of the actor are in accordance with law and hence, he incurs no criminal and civil liability. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 51]. Justitia est constans et perpetua voluntas jus suum cuique tribuendi. Lat. Justice is a constant and perpetual determination to render to everyone what is due him. [Moreno’s Law Dict., 2000 Ed., p. 254]. Justitia nemini neganda est. Lat. Justice is to be denied to none. [Phil. Geothermal. Inc. v. NLRC, 236 SCRA 371 (1994)]. Just title. That which is legally sufficient to transfer the ownership or the real right to which it relates. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 283-284, citing 4 Manresa 245-246; 248].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
620 Jus utendi. Lat. The right to receive from the thing what it produces. [Claridades, A., Compilation of Notes, 20012006]. Jus vindicandi. Lat. The right to recover. [Suarez, Intro. to Law, 1995 3rd Ed., p. 83]. Jus vitae ac necis. Lat. The right of life and death. [Espiritu v. Ca, GR 115640. Mar. 15, 1995].
Kaliwaan. Tag. 1. Simultaneous giving of market money by the poseur-buyer and handing over of the drugs by the pusher. [People v. Ponsica, GR 108176. Feb. 14, 1994]. 2. Simultaneous delivery of the object and the consideration therefor. [Claridades, A., Compilation of Notes, 2001-2006]. Kasama. Tag. Tenant, not worker or laborer. [Delos Reyes v. Espineli, GR L28280-81. Nov. 28, 1969]. Katarungang Pambarangay. Also Barangay Justice. The barangay conciliation system established under PD 1508 and continued under the RA 7160 (Local Government Code of 1991).
-KKadyut lang. Vis. For a moment. [People v. Lo-ar, GR 118935. Oct. 6, 1997]. Kaingin. A portion of the forest land, whether occupied or not, which is subjected to shifting and/or permanent slash-and-burn cultivation having little or no provision to prevent soil erosion. [Sec. 3, PD 705].
Katuwaan. Tag. Pure deviltry. [Moreno’s Law Dict., 2000 Ed., p. 255]. Keeper, watchman and visitor of opium den. Crim. Law. The felony committed by: 1. anyone who shall act as a keeper or watchman of a dive or resort where any prohibited drug is used in any manner contrary to law; and 2. any person who, not being included in the provisions of Art. 190 of the Rev. Penal Code, shall knowingly visit any dive or resort of the character
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
621 referred to therein. [Art. 191, RPC]. Kelvin. The base unit of the thermodynamic temperature which is the fraction 1/273.16 of the thermodynamic temperature of the triple point of water. [Sec. 4, BP 8]. Kidnapping. The unlawful and carrying away of a human being by force and against his will. [Jurist’s Legal Dict., 2004]. Kidnapping and failure to return a minor. Crim. Law. The felony committed by any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians. [Art. 270, RPC].
liberty: (a) if the kidnapping or detention shall have lasted more than five days; (b) if it shall have been committed simulating public authority; (c) if any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made; or (d) if the person kidnapped or detained shall be a minor, female or a public officer. The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances abovementioned were present in the commission of the offense. [Art. 267, RPC].
Kidnapping and failure to return a minor. Elements: (a) The offender has been entrusted with the custody of the minor, and (b) the offender deliberately fails to restore said minor to his parents or guardians. [People v. Ty, GR 121519. Oct. 30, 1996].
Kilberg doctrine. Conf. of Laws. A rule to the effect that the forum is not bound by the law of the place of injury or death as to the limitation on damages for wrongful act because such rule is procedural and hence the law of the forum governs on this issue. [Agpalo, Conflict of Laws, p. 6].
Kidnapping and serious illegal detention. Crim. Law. The felony committed by any private individual who shall kidnap or detain another, or in any other manner deprive him of his
Killing under exceptional circumstances. Requisites: (a) That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
622 the act of committing sexual intercourse with another person; (b) that he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; (c) that he has not promoted or facilitated that prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse. [People v. Gelaver, GR 95357. June 9, 1993, citing II Reyes, The Rev. Penal Code, 12th Ed., pp. 452-453]. Kiln-drying. A process by which the moisture content of the lumber is reduced to prevent the wood from warping. [Moreno’s Law Dict., 2000 Ed., p. 256]. Kilogram. The base unit of mass which is equal to the mass of the international prototype of the kilogram, made of platinum-iridium, the standard of which is kept at the Bureau of International Weights and Measures at Sevres, France. [Sec. 4, BP 8]. Kilometer. A linear measure equivalent to 062 miles, under metric system. [Moreno’s Law Dict., 2000 Ed., p. 256]. Kin. A blood or marriage relative; as in Next of kin,
which refers to the closest relative. [Claridades, A., Compilation of Notes, 20012006]. Kinakapatid. Tag. Godbrother. [Cuison v. CA, GR 88539. Oct. 26, 1993]. Kind. The term denotes a grouping, a class, grade, or genus and encompasses several objects or materials with similar traits or characteristics. [People v. Torres, GR 111289. Aug. 11, 1995]. Kinilaw. Tag. Raw fish salad. [People v. Carcedo, GR 48085. June 26, 1991]. Kiskisan. Tag. Ricemill. [Vda. De Limjoco v. Dir. of Commerce, GR L-17640. Nov. 29, 1965]. Kite. 1. n. A check drawn against uncollected funds in a bank account. [Perez v. People, GR L-43548. June 29, 1981, citing MerriamWebster's 3rd Intl. Dict.]. 2. v. To secure the temporary use of money by issuing a negotiating worthless paper and then redeeming such paper with the proceeds of similar paper, ad infinitum. [Ballentine's Law Dict. See Associated Citizens Bank v. Ople, L-48896, Feb. 24, 1981).
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
623 Know-how. (A word of American origin that has now been adopted as a term of art in many languages.) Practical expertise acquired from study, training, and experience. [Intl. Law Dict. & Direct., 2004]. Knowingly. 1. Consciously, intelligently, willfully, or intentionally. [Urada v. Mapalad, AM MTJ-91-622. Mar. 22, 1993, citing Black's Law Dict., 5th Ed., 784]. 2. With knowledge, willfully or intentionally with respect to a material element of an offense. [Jurist’s Legal Dict., 2004]. Knowingly rendering unjust judgment. Crim. Law. The felony committed by any judge who shall knowingly render an unjust judgment in any case submitted to him for decision. [Art. 204, RPC]. Knowingly rendering an unjust judgment. Crim. Law. Elements: (a) The offender is a judge; (b) he renders a judgment in a case submitted to him for decision; (c) the judgment is unjust; and, (d) the judge knows that his judgment is unjust [Reyes, The Rev. Penal Code (1977), Bk. II, p. 340]. The gist of the offense therefore is that an unjust judgment be rendered maliciously or in bad faith,
that is, knowing it to be unjust. [Annotation: Malfeasance and Misfeasance of Judges (Knowingly Rendering Unjust Judgment), 55 SCRA 308, 313-314]. Knowledge. A mental state of awareness about a fact. [Dizon-Pamintuan v. CA, GR. 111426. July 11, 1994]. Knowledge of a particular fact. Cognizance, consciousness or awareness of a particular fact, or awareness of the existence of something, or acquaintance with facts, or having something within the mind's grasp with certitude and clarity. [DizonPamintuan v. CA, GR. 111426. July 11, 1994]. Kristo. Tag. Cockpit bet caller. [People v. Ganzagan, Jr. GR L-113793. Aug. 11, 1995]. Kulafo. A local wine. [People v. Buyok, GR 109771. Aug. 25, 1994]. Kulam. Tag. 1. A curse. [People v. Oliquino, GR 94703. May 31, 1993]. 2. Witchcraft, sorcery. [People v. Sario, GR L-20754 & L20759. June 30, 1966]. Kulang sa isip. Tag. Suffering from mental
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
624 deficiency. [People v. Pamor, GR 108599. Oct. 7, 1994]. Kwitis. See Sky rocket.
-LLabel or labeling. The display of written, printed or graphic matter on any consumer product its immediate container, tag, literature or other suitable material affixed thereto for the purpose of giving information as to identify, components, ingredients, attributes, directions for use, specifications and such other information as may be required by law or regulations. [Art. 4, RA 7394]. Labia majora. Legal Med. Homologous to the halves of the scrotum in the male which is firm and elastic and its medial borders are usually in close contact with each other. [Olarte, Legal Med., 1st Ed. (2004), p. 123]. Labia minora. Legal Med. Also called Nymphae. The cutaneous folds which lie medial to the labia majora and are soft, pinkish and in close contact with one another, with a narrow vestibule. [Olarte, Legal st Med., 1 Ed. (2004), p. 123].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
625 Labo doctrine. Election Law. The rule (declared by the Supreme Court in the case of Labo v. Comelec, GR 105111. July 3, 1992) that “the ineligibility of a candidate receiving majority of votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected. A minority or defeated candidate cannot be deemed elected to the office.” In other words, the votes cast for an ineligible or disqualified candidate cannot be considered “stray.” [Ang Bagong Bayani –OFW Labor Party v. Comelec, GR 147589, June 25, 2003]. Compare with Grego doctrine. Labor. Physical toil, although it does not necessarily exclude the application of skill, thus there is skilled and unskilled labor. [Azucena, The Labor Code with Comments and Cases, 4th Ed. 1999, p. 8]. Labor administration. Cases where farm workers are employed wholly in the agricultural production. [Sec. 166, RA 3844]. Labor Arbiter. The government official which has the exclusive jurisdiction to hear and decide the following cases involving all workers, whether
agricultural or non agricultural: (a) unfair labor practice cases; (b) unresolved cases in collective bargaining, including those which involve wages, hours of work and other terms and conditions of employment; and (c) all other cases arising from employeremployee relations duly indorsed by the Regional Directors in accordance with the provisions of the Labor Code. [Art. 217, LC]. Laboratory equipment. The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute. [Sec 3, RA 9165]. Labor Code of the Philippines. PD 442 entitled “A Decree instituting a Labor Code, thereby revising and consolidating labor and social laws to afford protection to labor, promote employment and human resources development and ensure industrial peace based on social justice”
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
626 signed into law on May 1, 1974 and took effect on Nov. 1, 1974. Labor dispute. Controversy concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. [Sec. 2(j), RA 875]. Labor dispute. Also known as Industrial dispute. Any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employers and employees. [Art. 212 (1), LC]. Laborer. A synonym of Employee. Every person who has entered the employment of, or works under a service or apprenticeship contract for an employer. It does not include a person whose employment is purely casual and is not for the purposes of the occupation or
business of the employer. Any reference to the person dependent on him, is defined in Act No. 3428, as amended, if the context so requires, or, if the employee is a minor or incapacitated, to his guardian or nearest of kin. [Sec. 39 [b], Act 3428, as amended by RA 722]. Labor in hooking. The term can consist only of attaching the hook of the derrick's boom to the sling or net holding a cargo in order that said cargo may be lifted into the carrying vessel. The "labor in hooking" could then conceivably require the services of one person to do the attaching of the hook to the net or sling. [First Plywood Corp. v. CA, GR 84460. Nov. 13, 1992]. Labor legislation. Statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 7]. Labor-management committee. A negotiating body in a business enterprise composed of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
627 representatives of labor and management created to establish a productivity incentives program, and to settle disputes arising therefrom in accordance with Sec. 9 of RA 6971. [Sec. 4, RA 6971]. Labor-only contracting. This occurs where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. [Art. 106, LC]. Compare with Job contracting. Labor organization. 1. Any labor union or any auxiliary thereof, such as a cooperative, a credit union and an institution engaged in research, education or communications. [Sec. 2, PD 823]. 2. Any union or association of employees which exists in whole or in part for the purpose of
collective bargaining or of dealing with employers concerning terms and conditions of employment. [Art. 212, LC]. Labor relations. All aspects of employer-employee relationship which involve concerted action on the part of the workers. It is usually associated with all the ramifications of collective bargaining and negotiations and concerted activities such as strike, picket, mass leave and the like. [Poquiz, Labor Rel. Law, 1999 Ed. p. 2]. Labor relations law. The law which defines the status, rights and duties, and the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their representatives. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 7]. Labor sector. The industrial labor group, which includes all non-agricultural workers and employees. [Sec. 2, EO 198, June 18, 1987]. Labor standards. The minimum requirements prescribed by existing laws, rules, and regulations relating to wages, hours of work, cost of living allowance and other monetary and welfare
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
628 benefits, including occupational, safety, and health standards [Maternity Children's Hospital v. Sec. of Labor GR 78909. June 30, 1989, citing Sec. 7, Rule I, Rules on the Disposition of Labor Standards Cases in the Regional Office, dated Sep. 16, 1987]. Labor standards law. The law which sets out the minimum terms, conditions and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter of legal right. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 7]. Labor statutes. Laws that govern the rights and obligations of employers and employees, providing as well for the rules by which such rights and obligations may be enforced. [Suarez, Stat. Con., (1993), p. 91]. Labor union. A combination or association of workers organized for the purpose of securing favorable wages, improved labor conditions, better hours of labor, etc., and righting grievances against employers. [Black’s Law Dict., Abr. 5th Ed. (1983), pp. 452-453]. Labor union constitution. A covenant between the union
and its members and among the members. [Johnson and Johnson Labor Union-FFW v. Dir. of Labor Rel., GR 76427. Feb. 21, 1989]. Lacerated wound. Tear of the skin due to forcible contact with a blunt instrument. The edges of the wound are irregular and do not correspond with the wounding instrument. It is usually accompanied with varying degrees of swelling and contusion. [Moreno’s Law Dict., 2000 Ed., p. 259]. Laceration. A wound that is torn rather than cut. It has rugged, irregular edges and masses of torn or mashed tissue underneath. [Moreno’s Law Dict., 2000 Ed., p. 259]. Laches. Also known as Stale demand. 1. The failure or neglect for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting the presumption that the party entitled to assert it either has abandoned or declined to assert it. Such neglect or omission to assert a right taken in conjunction with the lapse of time and other circumstances causing prejudice to an adverse
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
629 party, as will operate as a bar in equity. [Heirs of Batiog Lacamen v. Heirs of Laruan 65 SCRA 125 (1975), Victoriano v. CA, 194 SCRA 19, 24 (1991)]; Jacob v. CA, 224 SCRA 189, 196 (1993)]. 2. A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation. [Duhaime's Legal Dict., 2004]. Laches. Elements: (a) Conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation complained of; (b) delay in asserting complainant's right after he had knowledge of the defendant's conduct and after he has an opportunity to sue; (c) lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; and (d) injury or prejudice to the defendant in the event relief is accorded to the complainant. [Claverias v. Quingco, 207 SCRA 66, 83 (1992); Buenaventura v. CA, 216 SCRA 818, 824 (1992)]. Lack of cause of action. Civ. Pro. The situation where the evidence (which) does not sustain the cause of action alleged is raised in a demurrer to evidence under Rule 33 (of the Rules of
Court) after the plaintiff has rested his case and can be resolved only on the basis of the evidence he has presented in support of his claim. [Domondon v. Lopez, AM RTJ-02-1696, June 20, 2002]. Compare with Failure to state a cause of action. Lack of legal capacity to sue. The term means either that the plaintiff does not have the necessary qualifications to appear in the case, or when he does not have the character or representation which he claims, as, when he is not a duly appointed executor or administrator of the estate he supports to represent or that the plaintiff is not a corporation duly registered in accordance with law. [Recreation and Amusement Assoc. of the Phils. v. City of Manila, GR L-7922. Feb. 22, 1957, citing I Moran's Comments on the RoC, p. 168, 1952 Ed.]. Lack of personality to sue. 1. It means that plaintiff is not the real party in interest. [Casimiro v. Roque, 98 Phil. 880 (1956); Gonzales v. Alegarbes, 99 Phil. 213 (1956)]. Lack of standing. When a plaintiff is not qualified to appear before the forum
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
630 court. [Intl. Law Direct., 2004].
Dict.
&
Española, Vol. XXI, pp. 124 and 125]
Lactation management. The general care of a mother-infant nursing couple during the mother's prenatal, immediate postpartum and postnatal periods. It deals with educating and providing knowledge and information to pregnant and lactating mothers on the advantages of breastfeeding, the physiology of lactation, the establishment and maintenance of lactation, the proper care of the breasts and nipples, and such other matters that would contribute to successful breastfeeding. [Sec. 3, RA 7600].
Lagumbay doctrine. See Statistical improbability doctrine.
Lagay. Tag. Demand for and acceptance of "grease money,” a form of graft and corruption so common in the application for licenses and permits from the government. [Antonio v. Sandiganbayan, GR L-57937. Oct. 21, 1988]. Lagoon. A small lake, ordinarily of fresh water, and not very deep, fed by floods, the hollow bed of which is bounded by elevations of land. [Govt. of the Phil. v. Colegio de San Jose, GR 30829. Aug. 28, 1929, citing Enciclopedia Juridica
Laguna Lake. It refers to Laguna de Bay which is that area covered by the lake waters, when it is at the average annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00 meters below mean lower low water (MLLW). Lands located at and below such elevation are public lands which form part of the bed of said lake. [Sec. 29, PD 813]. Lake. 1. An inland body of water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water. [Sec. 4, RA 8550]. 2. An inland body of water of considerable size, occupying a natural basin or depression in the earth's surface below the ordinary drainage level of the region, fed by either surface water or surface streams or by subterranean streams or springs, and having little or no current or motion of the waters in any particular direction. [De Guzman v. Mun. of Taytay, GR 43626. Mar. 7, 1938]. 3. A body of water formed in depressions of the earth. Ordinarily fresh
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
631 water, coming from rivers, brooks, or springs are connected with the sea by them. [Govt. v. Colegio de San Jose, 53 Phil. 423 (1929)]. Lamboid. The line of union or seam connecting the occipetal bones (posterior part of the skull) and parietal bones (membrane bones of the roof of the skull). [Moreno’s Law Dict., 2000 Ed., p. 261]. Lamparahan. Tag. A kerosene lamp which gives off sufficient illumination. [People v. Almenario, GR 66420. Apr. 17, 1989]. Also Gasera Land. The lot leased by one who owns the dwelling thereon and used principally for such dwelling and not mainly for business. [Sec. 2, RA 6359]. [Sec. 2, RA 6126]. Land assembly or consolidation. The acquisition of lots of varying ownership through purchase or expropriation of the purpose of planned and rational development and socialized housing programs without individual property boundary restrictions. [Sec. 3, RA 7279]. Land banking. The acquisition of land at values based on existing use in
advance of actual need to promote planned development and socialized housing programs. [Sec. 3, RA 7279]. Land exchange. The process of bartering land for another piece of land and/or shares of stock of equal value in a government or quasigovernment corporation. [Sec. 3, PD 1517]. Landholder-lessor. Any person, natural or juridical, either as owner, lessee, usufructuary or legal possessor or agricultural land, who lets, leases or rents to another said property for purposes of agricultural production and for a price certain or ascertainable either in an amount of money or produce. [Sec. 42, RA 1199]. See Tenant-lessee. Landing fees. All charges for the use of any landing strip or runway by any aircraft landing or taking off at the airport. [Sec. 3, RA 224]. Landing field. Any locality, either on water or on land, which is adapted for landing and taking-off of aircraft located along an airway, and is intermediate to airports connected by the airway, whether or not facilities are provided for the shelter, servicing, or repair of aircraft
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
632 or for receiving discharging passengers cargo. [Sec. 3, RA 776].
or or
Landlocked state. A state that has no seacoast. [Intl. Law Dict. & Direct., 2004]. Landlord. A land or building owner who has leased the land, the building or a part of the land or building, to another person. [Duhaime's Legal Dict., 2004]. Landowner. Any person who is an owner, civil law lessee, usufructuary or legal possessor of agricultural land. [Moreno’s Law Dict., 2000 Ed., p. 262]. Land Registration Act. Act 496 which took effect Jan. 1, 1903. [Bagsa v. Nagramada, GR 4383. Aug. 31, 1908]. Landscape architect. A natural person qualified to practice Landscape Architecture and who has been issued a valid certificate of registration/professional license and a valid professional identification card as such by the Board of Landscape Architecture created under RA 9053 and the Professional Regulation Commission (PRC). [Sec. 2, RA 9053]. Landscape architecture, scope of the practice of.
The act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement, changing and development of natural scenery and land areas to produce the most desirable effect for human use and enjoyment of various outdoor spaces which consist of landscape components and the softscape of plants. [Sec. 2, RA 9053]. Land swapping. The process of land acquisition by exchanging land for another piece of land of equal value, or for shares of stock in a government or quasigovernment corporation whose book value is of equal value to the land being exchanged, for the purpose of planned and rational development and provision for socialized housing where land values are determined based on land classification, market value and assessed value taken from existing tax declarations. [Sec. 3, RA 7279]. Land transportation operator. The owner or owners of motor vehicles for transportation of passengers for compensation, including school buses. [Sec. 373, IC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
633 Land use. The manner of utilizing the land, including its allocation, development and management. [Sec. 4, RA 8435]. Land use plan. 1. A document embodying a set of policies accompanied by maps and similar illustrations which represent the community-desired pattern of population distribution and a proposal for the future allocation of land to the various landusing activities, in accordance with the social and economic objectives of the people. It identifies the location, character and extent of the area's land resources to be used for different purposes and includes the process and the criteria employed in the determination of the land use. [Sec. 4, RA 8435]. 2. The rational approach of allocating available resources as equitably as possible among competing user groups and for different functions consistent with the development plan of the area and the Program under RA 7279. [Sec. 3, RA 7279]. Land use planning. The act of defining the allocation, utilization, development and management of all lands within a given territory or jurisdiction according to the inherent qualities of the land
itself and supportive of sustainable economic, demographic, socio-cultural and environmental objectives as an aid to decision-making and legislation. [Sec. 4, RA 8435]. Lapsus. Lat. Slip. [Sarmiento III v. Mison, GR 79974. Dec. 17,1987]. Lapsus calami. Lat. Clerical error. [PNB v. De La Vina, GR L-21640. Aug. 28, 1924]. Lapsus linguae. Lat. Slip of the tongue. [Claridades, A., Compilation of Notes, 20012006]. Lapsus plumae. Lat. Slip of the pen. [Claridades, A., Compilation of Notes, 20012006]. Larceny. 1. An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. The offence of theft now covers most cases of larceny. But larceny is wider than theft as it includes the taking of property of another person by whatever means (by theft, overtly, by fraud, by trickery, etc.) if an intent exists to convert that property to one's own use against the wishes of the owner. 2. Obtaining property
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
634 by fraud or deceit. [Glossary of Legal Terms (Pro-Se), 2004]. Large cattle. 1. Cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. [Sec. 2, PD 533]. 2. The term, as used in Art. 310 of the Rev. Penal Code, refers to ganado mayor such as mules, as distinguished from ganado menor like sheep. [People v. Nazareno, GR L-40037. Apr. 30, 1976]. See Small cattle. Large cattle owner or raiser. The herdsman, caretaker, employee or tenant of any firm or entity engaged in the raising of large cattle or other persons in lawful possession of such large cattle. [Sec. 2, PD 533]. Large-scale illegal recruitment. Labor. Requisites: (a) the offender has not been duly licensed to engage in recruitment activities; (b) he has engaged in illegal recruitment activities, offering employment abroad for a fee; (c) he has carried out the illegal recruitment activities against three (3) or more persons. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 167, citing People v. Fortuna, Jan. 16, 2003].
Large taxpayer. A taxpayer who satisfies any of the following criteria: (a) Value-Added Tax (VAT) — Business establishment with VAT paid or payable of at least One hundred thousand pesos (P100,000) for any quarter of the preceding taxable year; (b) Excise Tax — Business establishment with excise tax paid or payable of at least One million pesos (P1,000,000) for the preceding taxable year; (c) Corporate Income Tax — Business establishment with annual income tax paid or payable of at least One million pesos (P1,000,000) for the preceding taxable year; and (d) Withholding Tax — Business establishment with withholding tax payment or remittance of at least One million pesos (P1,000,000) for the preceding taxable year. [Sec. 245, NIRC, as amended]. Last clear chance doctrine. Also known as the Doctrine of discovered peril or the Humanitarian doctrine. 1. A doctrine in the law of torts which states that the contributory negligence of the party injured will not defeat the claim for damages if it is shown that the defendant might, by the exercise of reasonable care and prudence, have avoided
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
635 the consequences of the negligence of the injured party. In such cases, the person who had the last clear chance to avoid the mishap is considered in law solely responsible for the consequences thereof. [McKee v. IAC, GR 68102. July 16, 1992]. 2. The doctrine may be stated as follows: Where both parties are negligent in such a way that it would be impossible to determine whose negligence was the proximate cause of the accident, the party who had the last clear chance or opportunity to avoid the accident by the use of proper care but failed to do so is considered in law solely responsible for the consequences of the accident [Picart v. Smith 37 Phil 809; Ong v. Metropolitan Water District, L-7694, Aug. 29, 1958]. Last minutes appointments See Midnight appointments. Last two. An illegal numbers game where the winning combination is derived from the last two (2) numbers of the first prize of the winning Sweepstakes ticket which comes out during the weekly draw of the Philippine Charity Sweepstakes Office (PCSO), and its variants. [Sec. 2, RA 9287].
Latent ambiguity. Intrinsic ambiguity.
See
Lateran Treaty. Intl. Law. 1. The treaty entered into in 1929 by and between Italy and the Holy See, where Italy recognized the exclusive dominion and sovereign jurisdiction of the Holy See over the Vatican City. It also recognized the right of the Holy See to receive foreign diplomats, to send its own diplomats to foreign countries, and to enter into treaties according to International Law. [Garcia, Questions and Problems in Intl. Law, Public and Private 81 (1948)]. 2. It established the statehood of the Vatican City "for the purpose of assuring to the Holy See absolute and visible independence and of guaranteeing to it indisputable sovereignty also in the field of international relations. [O'Connell, I Intl. Law 311 (1965)]. Laundry detergent. A product containing a surfactant and other ingredients, formulated to clean and care for the many different fabrics in the family wash. [Sec. 2, RA 8970]. Law. 1. A rule of conduct, just and obligatory, laid down by legitimate authority for the common observance and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
636 benefit. [Suarez, Stat. Con., (1993), p. 36, citing Sanchez Roman, 23]. 2. All the rules of conduct that have been approved by the government and which are in force over a certain territory and which must be obeyed by all persons on that territory. [Duhaime's Legal Dict., 2004]. Lawful interest. The rate of interest prescribed by law as the highest which may be lawfully contracted for or exacted. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Legal interest. Lawful means. The means employed (in the exercise of police power) which are reasonably necessary to the attainment of the object sought to be accomplished and not unduly oppressive upon individuals. [DECS v. San Diego, GR 89572. Dec. 21, 1989]. Lawful subject. The interests of the public generally (in the exercise of police power), as distinguished from those of a particular class, which require the interference of the State. [DECS v. San Diego, GR 89572. Dec. 21, 1989]. Law merchant. Also Law mercatoria. 1. A body of
law relating to certain mercantile transactions and instruments of widespread use, now incorporated into, and regarded as part of, the common law. 2. A collection of rules recognized by merchants through the centuries and subsequently adopted by legislation (notably in common law countries). [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Law of nations. The body of legal rules binding on states in their international dealings with other states. [Intl. Law Dict. & Direct., 2004]. Law of overwhelming necessity. The police power of the State which is a power coextensive with selfprotection. It may be said to be that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety, and welfare of society. [Phil. Assoc. of Service Exporters, Inc. v. Drilon, GR 81958, June 30, 1988]. Law of the case. 1. The opinion delivered on a former appeal. More specifically, it means that whatever is once irrevocably established, as the controlling legal rule of decision between the same parties in the same case
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
637 continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before the court. [People v. Pinuila, GR L-11374, May 30, 1958, 55 Off. Gaz., 4228, citing 21 CJS 330]. 2. An established rule that when an appellate court passes on a question and remands the cause to the lower court for further proceedings, the question there settled becomes the law of the case upon subsequent appeal. [Trinidad v. Archbishop of Manila, 63 Phil. 881,913, citing Ballentine Law Dict.]. Law of the flag. The conflict of laws rule, still found in many national laws and international conventions, which subjected various maritime law matters to the law of the flag or port of registry of the ship. The concept bore the imprint of nineteenth-century theories of the law of the citizen, espoused by Napoleon Bonaparte and Mancini. Today, the emergence of flags of convenience, double-flagging, flagging out, and the increasing insistence in many international conventions on a genuine link between the flag and the ship, have reduced the importance of
the law of the flag to merely one contact, or connecting factor, among others in maritime conflicts of law. [Tetley, Glossary of Conflict of Laws, 2004]. Law of the person. Also Lex patriae. Wherever a person is a citizen, he had his laws follow him throughout the world. The French Emperor Napoleon Bonaparte promoted this approach in the first Civil Code of France (1804). He believed that the French Civil Code was superior to all other forms of law, and thus French citizens should benefit from it, wherever they were. The original Civil Code of France, at the third paragraph of article three, invoked the law of the citizen for questions of status and capacity. Mancini advanced the lex patriae theory further in the second half of the nineteenth century. The law of the flag, as a concept, was very similar to the concept of the law of the citizen, or person, of Napoleon and Mancini. [Tetley, Glossary of Conflict of Laws, 2004]. Law on municipal corporations. The study of the general principal principles governing municipal corporations, the laws affecting the creation, organization and the government of provinces,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
638 cities, municipalities and barangays; the scope and application of the powers of municipal ordinances, contracts, liabilities, and enterprises. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 3]. Law on public officers. A study of the creation, modification and dissolution of public office as well as the eligibility of public officers, the manner of their election or appointment and assumption of office, their rights, duties, powers, inhibitions and liabilities, and the modes of terminating official relations. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 2]. Law society. Group of individuals interested in the law. [Intl. Law Dict. & Direct., 2004]. Law study. The acquisition of knowledge of the law, as by reading or reflection, commonly as part of a course of study at a college or university. [Intl. Law Dict. & Direct., 2004]. Lawsuit. An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law. [Glossary of Legal Terms (Pro-Se), 2004].
Lawyer. A person trained in the law and authorized to advise or represent others in legal matters. A person licensed to practice law. [Black’s Law Dict., 6th Ed., p. 888]. Also known as an Attorney-at-Law. Lawyer’s oath. Attorney’s oath.
See
Lay corporation. A corporation organized for a purpose other than religion. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Ecclesiastical corporation. Lay days. The days that a charterer may keep a chartered ship idle for the loading of goods. [Intl. Law Dict. & Direct., 2004]. Laying the predicate. Evid. The requisites comprising the proper procedure for impeaching a witness by evidence of alleged inconsistent statements, that is: (a) by confronting the witness with such statements, with the circumstances under which they were made; (b) by asking him whether he made such statements, and (c) by giving him the chance to explain the inconsistency. If the statements were made in writing, the documents must be shown to the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
639 witness before he may be asked to explain the discrepancy. Unless the witness is given the opportunity to explain the inconsistency, the impeachment is incomplete. [Regalado, Remedial Law Compendium, 6th Rev. Ed., p. 537, citing US v. Baluyot, 40 Phil. 385; People v. Rosabal, 50 Phil. 780; People v. Escosura, 46 OG 918]. Lay-off. A termination initiated by the employer without prejudice to recall or rehiring of a worker who has been temporarily separated from the service. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. See Retrenchment. Leading questions. 1. A question which suggests to the witness the answer which the examining party desires. [Sec. 10, Rule 132, RoC]. 2. Questions which are so put that the witness merely assents to or dissents from a statement or assertion of an examining counsel put with such vocal inflection as to be a question. [People v. Caparas, GR L-47411. Jan. 18, 1982, citing 23 CJS 40]. 2. Questions which suggests an answer; usually answerable by yes or no. These are forbidden to ensure that the witness is not coached by their lawyer through his testimony. Leading
questions are only acceptable in crossexamination or where a witness is declared hostile. [Duhaime's Legal Dict., 2004]. Compare with Misleading question. League of Nations. Intergovernmental organization, established in 1919 at the Paris Peace Convention, for the promotion of international peace and security. Dissolved in 1946. Its assets (including the Palais des Nations in Geneva) were transferred to the United nations. [Intl. Law Dict. & Direct., 2004]. Learner. 1. Labor. Persons hired as trainees in semiskilled and other industrial occupations which are nonapprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three months. [Art. 73, LC]. 2. Basic Education Act of 2001. Any individual seeking basic literacy skills and functional life skills or support services for the improvement of the quality of his/her life. [Sec. 4, RA 9155]. Learnership agreement. The employment and training contract entered into between the employer
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
640 and the learner. [Art. 73, LC]. Learning center. A physical space to house learning resources and facilities of a learning program for out-ofschool youth and adults. It is a venue for face-to-face learning and activities and other learning opportunities for community development and improvement of the people's quality of life. [Sec. 4, RA 9155]. Learning facilitator. The key learning support person who is responsible for supervising/facilitating the learning process and activities of the learner. [Sec. 4, RA 9155]. Lease. A contract whereby a person grants temporarily the use of a thing for an agreed consideration. [Moreno’s Law Dict., 2000 Ed., p. 264]. Lease contract. 1. A consensual, bilateral, onerous and commutative contract by which one person binds himself to grant temporarily the use of a thing or the rendering of some service to another who undertakes to pay some rent, compensation or price. [Kilosbayan v. Morato, GR 118910. July 17, 1995, citing 5 Padilla, Civil Code 611 (6th Ed. 1974)]. 2. A special kind
of contract between a property owner and a person wanting temporary enjoyment and use of the property, in exchange for rent paid to the property owner. Where the property is land, a building, or parts of either, the property owner is called a landlord and the person that contracts to receive the temporary enjoyment and use is called a tenant. [Duhaime's Legal Dict., 2004]. Leasehold. Real property held under a lease. [Duhaime's Legal Dict., 2004]. Leave. 1. Willful departure with intent to remain away and not temporary absence with intention of returning. [Black's Law Dict., Rev. 4th Ed., p. 1036 citing Landreth v. Casey, 340 Ill. 519, 173 NE 84, 85]. 2. A positive and voluntary act of departure and does not include death, which is involuntary. [Marcopper Mining Corp. v. NLRC, GR 83207. Aug. 5, 1991]. 3. Permission or authorization to do something. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 462]. Leave of court. Permission obtained from a court to take some action which, without such permission, would not be allowable.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
641 [Black’s Law Dict., Abr. 5th Ed. (1983), p. 462]. Lechery. Lust. [Claridades, A., Compilation of Notes, 2001-2006]. Ledger. A book of final entry to which are posted the classified accounts or items of all transactions entered in the journal or its equivalent. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 34]. Legacy. 1. A provision in a will which leaves certain property to a designated individual. Sometimes referred to as a bequest. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. 2. Gifts of personal property given by virtue of a will. Compare with Devise. Legal aid. Professional legal services available usually to persons or organizations unable to afford such services. [Glossary of Legal Terms (Pro-Se), 2004]. Legal capacity. Intl. Law. Qualification or authority, such as the qualification or authority to carry on international relations. [Intl. Law Dict. & Direct., 2004]. Legal capacity to sue. It refers to the fact that a party is not suffering from any disability such as minority,
insanity, covertures, lack of juridical personality, incompetence, civil interdiction or does not have the character or representation which he claims or with respect to foreign corporation, that it is doing business in the Philippines with a license. [Bench Book for Trial Court Judges, p. 2-19]. Legal capital. Corp. Law. The amount equal to the aggregate par value and/or issued value of the outstanding capital stock. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., pp. 53-54]. Legal compensation. Compensation which takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. [Art. 1286, CC]. Compare with Voluntary compensation. Legal custody. A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
642 Legal delivery. See Constructive delivery.
ownership, subject only to legal limitations. [Moreno’s Law Dict., 2000 Ed., p. 265].
Legal discretion. Discretion which is exercised in discerning the course prescribed by law and which, when discerned, it is the duty of the court to follow. [People v. Dacuycuy, GR L45127. May 5, 1989, citing 16 Am. Jur. 2d, 902].
Legal ethics. The branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public. [Malcolm, Legal and Judicial Ethics].
Legal dispute. A disagreement as to the existence of a legal right or obligation, or as to the nature and extent of the compensation due for the breach of such a right or obligation. [Intl. Law Dict. & Direct., 2004].
Legal ethics and professional responsibility. The area of law that involves the principles of conduct governing an individual or a group, specifically the legal industry. [LawInfo Legal Dictionary (2005)].
Legal document available. The papers at hand with respect to the property. [Memo. from the Exec. Sec. dated Aug. 20, 1998].
Legal evidence. Evidence which is not confined to the human voice or oral testimony but also includes every tangible object capable of making a truthful statement. [Moreno’s Law Dict., 2000 Ed., p. 265].
Legal duty. In libel, a provision of law conferring upon the accused the duty to communicate. [Moreno’s Law Dict., 2000 Ed., p. 265]. Legal easements. Easements imposed by law which have for their object either public use or the interest of private persons. [Art. 634, CC]. Legal estate in fee simple. An interest in real estate in the form of absolute
Legal exchange rate. Also Par of change. The official rate of exchange, established by a government, in contrast to the free market rate. It signifies the amount it takes of one currency (for example, based on gold) to buy a unit in another currency (also based on gold) that is, how many pieces of the one unit (or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
643 their gold content) are necessary to equal the gold content of the other unit. [Gonzalo L. Manuel & Co. v. Central Bank, GR L-21789. Apr. 30, 1971, citing Dict. of Foreign Trade, Henius, p. 294 and 467]. Legal guardian. Any person duly appointed by a court of competent authority to exercise care and custody of or parental authority over the person of such child/employee. [Sec. 2, RA 7658]. Legal heirs. The term is used in Sec. 119 of the Public Land Act in a generic sense. It is broad enough to cover any person who is called to the succession either by provision of a will or by operation of law. Thus, legal heirs include both testate and intestate heirs depending upon whether succession is by the will of the testator or by law. Legal heirs are not necessarily compulsory heirs but they may be so if the law reserves a legitime for them. [Madarcos v. Dela Merced, GR 39975. June 30, 1989]. See Intestate heirs. Legal impossibility. Crim. Law. This occurs where the intended acts, even if completed, would not amount to a crime. Legal impossibility would apply to
those circumstances where: (a) the motive, desire and expectation is to perform an act in violation of the law; (b) there is intention to perform the physical act; (c) there is a performance of the intended physical act; and (d) the consequence resulting from the intended act does not amount to a crime. [Intod v. CA, GR 103119. Oct. 21, 1992]. Legal interest. That rate of interest fixed by law at 12% per annum which will prevail in the absence of any special agreement as to the rate between the parties. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Lawful interest. Legal jeopardy. Requisites: It attaches only (a) upon a valid indictment, (b) before a competent court, (c) after arraignment, (d) a valid plea having been entered, and (e) the case was dismissed or otherwise terminated without the express consent of the accused. [Martinez v. CA, GR 112387. Oct. 13, 1994] Legal liability. The state of one who is bound in law and justice to do something which may be enforced by action. [Moreno’s Law Dict., 2000 Ed., p. 266].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
644 Legally-free child. A child who has been voluntarily or involuntarily committed to the DSWD, in accordance with the Child and Youth Welfare Code. [Sec. 3, RA 8043]. Legal medicine. That branch of medicine that applies medical and surgical concepts, scientific knowledge and skills to medicolegal issues in order to assist the trier of facts in the proper dispensation of justice. [Olarte, Legal Med., 1st Ed. (2004), p. 1]. Legal name. The full first Christian name and surname. [Moreno’s Law Dict., 2000 Ed., p. 266]. Legal offer. A proposal which must be certain as to the object, the price and other essential terms of the contract. [Art. 1319, CC]. Legal order. The authoritative code of a polity. Such code consists of all the rules found in the enactments of the organs of the polity. Where the state operates under a written constitution, its organs may be readily determined from a reading of its provisions. Once such organs are ascertained, it becomes an easy matter to locate their enactments. The rules in such enactments, along with
those in the constitution, comprise the legal order of that constitutional state. [In Re: Puno, AM 90-11-2697CA. June 29, 1992]. Legal or intestate succession. Legal or intestate succession takes place: (a) if a person dies without a will, or with a void will, or one which has subsequently lost its validity; (b) when the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (c) if the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place; (d) when the heir instituted is incapable of succeeding, except in cases provided in the Civil Code. [Art. 960]. Compare with Testamentary succession. Legal ownership. The title of one who has the naked ownership. [Moreno’s Law Dict., 2000 Ed., p. 266]. Legal period. The period is fixed by law. [Diaz, Bus. Law Rev., 1991 Ed., p. 16].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
645 Legal possessor. 1. One who, but for the reservation of strict legal title in the conditional vendor, or giving of a strict legal title in a conditional vendor, or the giving of a strict legal title to a chattel mortgagee, would have the status of a full and unqualified owner. 2. One who can do all acts of ownership or acts of strict dominion except that he does not have strict legal title over the property. [Moreno’s Law Dict., 2000 Ed., p. 266]. Legal process. A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate. [Glossary of Legal Terms (Pro-Se), 2004]. Legal redemption. The right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title. [Art. 1619, CC]. Compare with Conventional redemption. Legal representatives. Succ. 1. Legatees and devisees of a deceased who become such from the
moment of death of the latter because they are beneficially interested in and succeed to the properties and rights of the decedent. 2. The term has been used to designate an administrator or executor, devisees and legatees, children, brothers and sisters, and almost all degrees of relationship. [Moreno’s Law Dict., 2000 Ed., p. 267]. Legal residence. The term imports not only intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention. [Chieng Yen v. Rep., GR L-18885. Jan. 31, 1964]. Legal resident. A person who has obtained permanent residency status in accordance with the law of the host country. [Sec. 2, IRR, RA 8042]. Legal right. A right founded in or granted by law. [Moreno’s Law Dict., 2000 Ed., p. 267]. Legal separation. The separation of the husband and wife from bed and board without having the marriage bond severed. [Claridades, A., Compilation of Notes, 2001-2006].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
646 Legal separation. Grounds: (a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (b) physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (c) attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (d) final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; (e) drug addiction or habitual alcoholism of the respondent; (f) lesbianism or homosexuality of the respondent; (g) contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; (h) sexual infidelity or perversion; (i) attempt by the respondent against the life of the petitioner; or (j) abandonment of petitioner by respondent without justifiable cause for more than one year. [Art. 55, FC]. Legal separation, petition for. Grounds for denial: (a) Where the aggrieved party has condoned the offense or act complained of; (b) where
the aggrieved party has consented to the commission of the offense or act complained of; (c) where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation; (d) where both parties have given ground for legal separation; (e) where there is collusion between the parties to obtain decree of legal separation; or (f) where the action is barred by prescription. [Art. 56, FC]. Legal sovereignty. Pol. Law. The supreme authority to enact laws to issue final commands. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 35]. Compare with Political sovereignty. Legal standing. A personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. [De Joya v. PCGG, GR 96541. Aug. 24, 1993]. See Locus standi. Legal subrogation. Subrogation which takes place without agreement but by operation of law because of certain acts; this is the subrogation referred to in Art. 1302 of the Civil Code. [Chemphil v. CA, GR 11243839. Dec. 12, 1995, citing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
647 Tolentino, Commentaries & Jurisp. on the Civil Code of the Phil., Vol. IV, pp. 401402]. Legal tender. 1. That currency which has been made suitable by law for the purposes of a tender of the payment of debts. [Peralta v. Serrano, GR L-16523. Nov. 29, 1960, citing 2 Bouvier's Law Dict. (3rd Rev.) 1912]. 2. That currency which a debtor can legally compel a creditor to accept in payment of a debt both private and public. [Diaz, Bus. Law Rev., 1991 Ed., p. 40]. Legal title. Title of one who has the naked ownership. [Moreno’s Law Dict., 2000 Ed., p. 267]. Legal writing. A specialized field of writing, the main concentration of which is the grammatical use of English. It may be divided into two main forms: advisory and argumentative. The purpose of the former is to inform, like opinion letters to clients. The purpose of the latter is to persuade, like memorandums and briefs. [Cruz and Quiason, Fundamentals of English Grammar, 2001 Ed., pp. 78]. Legatees. Persons to whom gifts of personal property are
given by virtue of a will. [Art. 782, CC]. Legation, right of. Intl. Law. The right of a state to maintain diplomatic relations with other states. The right to send diplomatic representatives is know as the active right of legation while the right to receive diplomatic representatives is known as the “Passive right of legation.” [Cruz, Intl. Law Reviewer, 1996 Ed., p. 81]. Leges posteriores priores contrarias abrogant. Lat. A later statute which is repugnant to an earlier statute is deemed to have abrogated the earlier one on the same subject matter. [Carabao, Inc. v. Agricultural Productivity Commission, GR L-29304. Sep. 30, 1970]. Legis interpretatio legis vim obtinet. Lat. The interpretation placed upon the written law by a competent court has the force of law. [People v. Jabinal, GR L-30061. Feb. 27, 1974]. Legislation. The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws. [Glossary of Legal Terms (Pro-Se), 2004]. Legislative authorization. (The second step in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
648 government budgeting process at which) stage, Congress enters the picture and deliberates or acts on the budget proposals of the President, and Congress in the exercise of its own judgment and wisdom formulates an appropriation act precisely following the process established by the Constitution, which specifies that no money may be paid from the Treasury except in accordance with an appropriation made by law. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Legislative contempt. The power which though not expressly vested in Congress by the Constitution has been invoked by the legislative body to punish nonmembers for contempt and as a means of preserving its authority and dignity [Arnault v. Nazareno, 87 Phil. 29 (1950); Arnault v. Balagtas, 97 Phil. 358 (1955)]. Legislative power. 1. The authority of the legislature to make laws and to alter or repeal them. [Suarez, Stat. Con., (1993), p. 52]. 2. It is vested in the Congress of the Philippines consisting of the Senate and the House of Representatives. [Sec. 1, Art. VI, 1987 Const.].
Legislative rules. Rules which are in the nature of subordinate legislations, designed to implement a primary legislation by providing the details thereof. In the same way that laws must have the benefit of public hearing, it is generally required that before a legislative rule is adopted there must be hearing. [Misamis Or. Assoc. of Coco Traders v. DOF Sec., GR 108524. Nov. 10, 1994]. Compare with Interpretative rule. Legitimacy of a child. Grounds for impugning: (a) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a.1) the physical incapacity of the husband to have sexual intercourse with his wife; (a.2) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or (a.3) serious illness of the husband, which absolutely prevented sexual intercourse; (b) that it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Art.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
649 164, FC; or (c) that in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. [Art. 166, FC]. Legitimate. That which is legal, lawful, recognized by law or according to law. [Glossary of Legal Terms (Pro-Se), 2004]. Legitimate children. 1. Children conceived or born during the marriage of the parents. [Art. 164, FC]. 2. Those originally natural children but later considered as legitimate by virtue of their recognition by both parents and the latters' subsequent marriage. [In Re: Hofillena v. Rep., GR L26476. Aug. 31, 1970, citing 4 Castan, 6th Ed., p. 6a; Art. 271, CC]. Compare with Illegitimate children. Legitimated children. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other. [Art. 177, FC]. Legitimate labor organization. Any labor organization duly registered with the DOLE, and includes
any branch or local thereof. [Art. 212(h), LC]. Legitimation. It takes place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. [Art. 178, FC]. Its effects shall retroact to the time of the child's birth. [Art. 180, FC]. Legitimation. Requisites: (a) That the child be a natural child; (b) that he be recognized by both parents either before or after a valid marriage; and (c) that there be a subsequent valid marriage of the parents [De Santos v. Angeles, GR 105619. Dec. 12, 1995, citing Paras, Civil Code of the Phil. Annotated, 1984 Ed. Vol. I, p. 651]. Legitime. Succ. That part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs. [Art. 886, CC]. Legua communal. Sp. Communal lands. A property held by a municipality for the state in trust for the inhabitants which the state is free to dispose of at will. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 191, citing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
650 Salas v. Jarencio, GR 29788. Aug. 30, 1972].
L-
Lend. A purchase coupled with an agreement by the vendor to repurchase; Borrow includes a sale coupled with a similar agreement. [Sec. 3, RA 2629]. Lending investors. All persons who make a practice of lending money for themselves or others at interest. [Sec. 1, PD 426]. Leniency. Recommendation for a sentence less than the maximum allowed. [Glossary of Legal Terms (Pro-Se), 2004]. Leprosy. A chronic, mildly contagious, infectious disease characterized by both cutaneous and constitutional symptoms and the production of various deformities and mutilations. [Clemente v. GSIS, GR L47521. July 31, 1987]. Lesbian. Also Tribadist. Legal Med. A woman homosexual who has the secret desire to make love with another woman and most of whom have antipathy towards men. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Lesion. 1. Civ. Law. Any damage suffered by reason
of the fact that the price is unjust or inadequate. [Diaz, Bus. Law Rev., 1991 Ed., p. 75]. 2. Legal Med. Any change in the structure of an organ due to injury or disease, whether apparent or diagnosed as the cause of a functional irregularity or disturbance. 2. Civ. Law. The injury suffered by one who does not receive a full equivalent for what he has given in a commutative contract. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 469]. Lesiones graves. Sp. Grave physical injuries. [US v. Perez, GR 11451. Oct. 19, 1916]. Lesiones leves. Sp. Slight physical injuries. [US v. Perez, GR 11451. Oct. 19, 1916]. Lesiones menos graves. Sp. Less grave physical injuries. [US v. Perez, GR 11451. Oct. 19, 1916]. Lessee. 1. The person renting a residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. 2. The person and/or his family renting the dwelling place, as well as sub-lessees. [Sec. 2, RA 6359; Sec. 2, RA 6126]. Less grave felonies. Those felonies which the law punishes with penalties which in their maximum
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
651 period are correctional, in accordance with Art. 25 of the Rev. Penal Code. [Art. 9, RPC].
authority, the deed does not constitute the crime of assault upon such person. [Art. 265, RPC].
Lessor or owner. The owner or administrators or agents of the owner of the residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. Owner of the dwelling place and/or residential site or the administrator or agent of such owner, as well as sublessors. [Sec. 2, RA 6359; Sec. 2, RA 6126].
Letter. A message in writing, which may be in any language or in code, contained in a sealed or unsealed envelope or not in an envelope at all, of such physical dimensions and weights allowed by the Corporation or the Government, and intended for delivery to a person or entity displayed legibly on one of its faces. [Sec. 2, RA 7354].
Less serious physical injuries. Crim. Law. The felony committed by any person who shall inflict upon another physical injuries not described in Art. 263 and 264 of the Rev. Penal Code, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period; or by any person who shall inflict less serious physical injuries with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense; or by any person who shall inflict any less serious physical injuries upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, provided that, in the case of persons in
Letter of credence. Also Lettre de creance. Intl. Law. The document carried by a diplomatic representative by virtue of which he is accredited to the receiving state with the request that full faith and credit be given to his official acts. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 8384]. Letter of credit. 1. A letter issued by one merchant to another for the purpose of attending to a commercial transaction. [Art. 567, Code of Commerce]. 2. A financial device developed by merchants as a convenient and relatively safe mode of dealing with sales of goods to satisfy the seemingly irreconcilable interests of a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
652 seller, who refuses to part with his goods before he is paid, and a buyer, who wants to have control of the goods before paying. [Bank of America v. CA, GR 105395. Dec. 10, 1993]. Letter of credit. Essential conditions: (a) Issued in favor of a definite person; (b) amount is fixed or specified; (c) duration of six months, if used in the Philippines, or one year, if used abroad, unless the parties provide for a different period. [Arts. 568 and 572, Code of Commerce]. Letter of Instructions. A directives of the President of the Philippines, issued in the exercise of his administrative power of control, to heads of departments and/or officers under the executive branch of the government for observance by the officials and/or employees thereof. [People v. CFI of Bulacan, GR L-53674-75. July 11, 1988]. Letter patent. Also Lettre de provision. Intl. Law. The commission issued by the sending state from which consuls derive their authority. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 90]. Compare with Exequatur.
Letters of administration. Spec. Pro. 1. The documents issued by the court to the person named as administrator therein, if no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate. [Sec. 6, Rule 78, RoC]. 2. Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name. [Jurist’s Legal Dict., 2004]. Compare with Letters testamentary. Letters rogatory. Rem. Law. An instrument sent in the name and by the authority of a judge or court to another, requesting the latter to cause to be examined, upon interrogatories filed in a cause pending before the former, a witness who is within the jurisdiction of the judge or court to whom such letters are addressed. [Dasmariñas Garments v. Reyes, GR 108229. Aug. 24, 1993, citing Feria, J., Civil Procedure, 1969 ed., p. 635]. Letters testamentary. Spec. Pro. The documents issued by the court on a will which has been proved and allowed to the person named as executor therein, if he is competent, accepts the trust, and gives bond as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
653 required by the Rules. [Sec. 4, Rule 78, RoC]. Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name. [Jurist’s Legal Dict., 2004]. Compare with Letters of administration. Lettre de creance. Letter of credence.
See
Lettre de provision. Letter patent.
See
Lettres reversals. Intl. Law. Fr. Declarations that an alteration in ceremonial practices is being made only as an exception to the general rule. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1059]. Leukemia. A disease characterized by persistent increase in the white blood corpuscles, associated with changes in the spleen, lymphatic glands and bone marrow. [Eliseo v. WCC, GR L-43468. July 21, 1978, citing Maloy, M.D., Medical Dict. for Lawyers, p. 350]. Levy. 1. The seizure of property, personal and/or real, belonging to the judgment debtor for subsequent execution sale to satisfy judgment. [Bench Book for Trial Court Judges, p. 2-59]. 2. The essential act
by which the property is set apart for the satisfaction of the judgment and taken into the custody of the law, and after it has been taken from the defendant, his interest is limited to its application to the judgment, irrespective of the time when it may be sold. [Jalandoni v. PNB, GR L47579. Oct. 9, 1981]. Compare with Garnishment. Levy-and-grant system. A legal contribution (often a percentage of the payroll) from participating employers who would be beneficiaries of a vocational or technical education or training program which is subsequently turned over or rebated to enterprises offering employee training programs. [Sec. 1, IRR, RA 7796]. Levying war. An actual assemblage of persons for the purpose of executing a treasonable design. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 362, citing 52 Am. Jur. 798]. Lewd. Obscene, lustful, indecent, lascivious, lecherous. It signifies that form of immorality which has relation to moral impurity; or that which is carried on in a wanton manner. [People v. Grefiel, GR 77228. Nov. 13, 1992].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
654 Lewd design. Inherently lascivious acts executed with the particular design to independently derive vicarious pleasure therefrom. [Moreno’s Law Dict., 2000 Ed., p. 270]. Lex causae. Lat. The law applicable to the case. [Tetley, Glossary of Conflict of Laws, 2004]. Lex contractus. Lat. he proper law of the contract. The law that governs the enforcement of a contract and the intrinsic validity of its provisions. [Moreno’s Law Dict., 2000 Ed., p. 270]. Lex de futuro, judex de præterito. Lat. The law provides for the future, the judge for the past. [Laceste v. Santos, GR 36886. Feb. 1, 1932]. Lex delationes semper exhorret. Lat. The law always abhors delays. [Medija v. Patcho, GR L30310. Oct. 23, 1984]. Lex fori. Lat. 1. The law of the forum. [Tetley, Glossary of Conflict of Laws, 2004]. 2. The internal law of the forum governs matters of remedy and procedure such as those relating to the service of process upon a defendant. [Northwest Orient Airlines v. CA, GR 112573. Feb. 9,
1995, citing Salonga, Private Intl. Law, 100, 1967 3rd Ed.]. Lex loci actus. Lat. The law of the place where the act was done. [Agpalo, Conflict of Laws, p. 5]. Lex loci celebrationis. Lat. The principle that applies the law of the place where the contract was executed as far as the formalities and solemnities (extrinsic validity) are concerned. [Claridades, A., Compilation of Notes, 2001-2006]. Lex loci contractus. Lat. The law of the place of conclusion of the contracting. [Tetley, Glossary of Conflict of Laws, 2004]. Lex loci damni. Lat. The law of the place where the injury occurs. In other words, if an injury appears in another country, the laws of that country governs, provided that the tortfeasor should have foreseen that the damage would occur there. [Tetley, Glossary of Conflict of Laws, 2004]. Lex loci delicti. Lat. The law of the place of the tort or delict. [Tetley, Glossary of Conflict of Laws, 2004]. Lex loci delicti commissi. Lat. The law of the place where the delict was
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
655 committed. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 390]. Lex loci delictus. Lat. The law of the place where the offense or wrong took place. [Agpalo, Conflict of Laws, p. 5]. Lex loci dimicillii. Lat. The law of the place of domicile of a person. [Agpalo, Conflict of Laws, p. 6]. Lex loci intentionis. Lat. The law intended by the parties expressly or implicitly. [Moreno’s Law Dict., 2000 Ed., p. 271]. Lex loci solutionis. Lat. The law of the place of performance of the contract. [Tetley, Glossary of Conflict of Laws, 2004]. Lex loci rei sitae. Lat. The law of the place where a thing is situated. [Agpalo, Conflict of Laws, p. 6]. Also Lex situs. Lex loci voluntatis. Lat. An accepted doctrine in international law that the relationship between the parties to a contract shall be governed by the law which they voluntarily agreed to apply. The law voluntarily agreed upon by the partied. [Moreno’s Law Dict., 2000 Ed., p. 271].
Lex mercatoria. Lat. Law merchant. Common commercial rules and procedures used throughout Europe in the Renaissance period. [Intl. Law Dict. & Direct., 2004]. Lex nationalii. Lat. The concept that citizenship is the basis for determining the personal law applicable. [Claridades, A., Compilation of Notes, 2001-2006]. Lex non requirit verificari quod apparet curiae. Lat. The law does not require that to be verified which is apparent to the court. [Moreno’s Law Dict., 2000 Ed., p. 271]. Lex patriae. See Law of the person. Lex prospicit, non respicit. Lat. The law looks forward not backward. [Claridades, A., Compilation of Notes, 2001-2006]. Lex rei sitae. Lat. The rule that real or personal property is subject to taxation in the state in which it is located, whether the owner is a resident or nonresident thereof. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 48]. Lex reprobat moram. Lat. The law disapproves of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
656 delay. [Billones v. CIR, GR L17566. July 30, 1965]. Lex semper intendit quod convenit rationi. Lat. The law always intends that which is in accordance with reason. [Moreno’s Law Dict., 2000 Ed., p. 271].
(b) its private or business aspects (as when it engages in private enterprises) where it becomes liable as an ordinary employer. [Paras, Civil Code of the Phil. Annotated, 1986 Ed., p. 961]. In this jurisdiction, the State assumes a limited liability for the damage caused by the tortious acts or conduct of its special agent. [NIA v. Fontanilla, GR 61045. Dec. 1, 1989].
Lex situs. Lat. The applicable law regarding the acquisition, transfer and devolution of the title to property (which) is the law where the property is located. [Agpalo, Conflict of Laws, p. 5].
Liable. Legally responsible. [Glossary of Legal Terms (Pro-Se), 2004].
LGC. See Local Government Code of 1991.
Liable for tax. See Subject to tax.
LGU. See Local government units.
Libel. Crim. Law. 1. A public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act or omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. [Art. 353, RPC]. 2. Published defamation which tends to injure a person's reputation. [Glossary of Legal Terms (Pro-Se), 2004].
Liability. Any legal obligation, either due now or at some time in the future. It could be a debt or a promise to do something. [Duhaime's Legal Dict., 2004]. Liability. Sources: (a) Delay; (b) fraud; (c) negligence; and (d) contravention of the tenor of the obligation. [Art. 1170, CC]. Liability of state for damages. The liability of the State has two aspects, namely: (a) its public or governmental aspects where it is liable for the tortious acts of special agents only;
Libel. Crim. Law. Requisites: (a) It must be defamatory; (b) it must be malicious; (c) it must be given publicity; and (d) the victim must be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
657 identifiable. [Alonzo v. CA, GR 110088. Feb. 1, 1995]. Libel by means of writings or similar means. Crim. Law. Libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means. [Art. 355, RPC]. Libelous remarks. Crim. Law. Remarks or comments connected with the matter privileged under the provisions of Art. 354 of the Rev. Penal Code which, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. [Art. 362, RPC]. Libel, persons responsible for. Crim. Law. (a) Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same; (b) the author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author
thereof; and (c) Owner of the printing plant which published the libelous article and all other persons who in any way participated in or have connection with its publication. [Art. 360, RPC, as amended]. Liberal construction. Stat. Con. A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document, purposely to promote its object and to assist the parties in obtaining just, speedy and inexpensive determination of every action and proceedings. This rule of construction is especially useful where adherence to the letter of the law would result in absurdity and manifest injustice. [Casela v. CA, 35 SCRA 279 (Oct. 16, 1970)]. Liber baptisnorum. Latin term for baptismal book or record. [People v. Ritter, GR 88582. Mar. 5, 1991]. Liberty. Pol. Law. Freedom; exemption from extraneous control. Freedom from all restraints except such as are justly imposed by law. Freedom from restraint, under conditions essential to the equal enjoyment of the same right by others; freedom regulated by law.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
658 [Black’s Law Dict., Abr. 5th Ed. (1983), p. 474]. Liberty in contracts. See Autonomy in contracts. Liberty of abode and travel. Const. Law. The right of a person to have his home or to maintain or change his home, dwelling, residence or habitation in whatever place he has chosen, within the limits prescribed by law and to go where he pleases without interference from anyone, except in the interest of national security, public safety or public health, as may be provided by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 175]. Librarianship, practice of. The practice of librarianship shall constitute in holding out oneself as skilled in the knowledge, art and science of the organization, dissemination, preservation and conservation of recorded information; the rendering, furnishing and contracting of professional services such as consultations and advice on the organization and management of libraries, data banks, research and information centers to clients on a fee basis or otherwise; the teaching of subjects in the library and information sciences; and
the signing or authenticating for clients of documents or reports when called for. [Sec. 2, RA 6966]. License. 1. A special permission to do something on, or with, somebody else's property which, were it not for the license, could be legally prevented or give rise to legal action in tort or trespass. [Duhaime's Legal Dict., 2004]. 2. Labor. A document issued by the DOLE authorizing a person or entity to operate a private employment agency. [Art. 13, LC]. 3. Optical Media Law. The authority granted by the Optical Media Board (OMB) to establishments or entities registered with the OMB to engage in the business of mastering, manufacture, replication, importation or exportation of optical media. [Sec. 3, RA 9239]. License tax. Also License fee. 1. An imposition or exaction on the right to use or dispose of a property, to pursue a business, occupation, or calling, or to exercise a privilege. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 33 Am. Jur. 325-326]. 2. It is often used indiscriminately to designate impositions exacted for the exercise of various privileges. It does not refer
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
659 solely to a license for regulation, In many instances, it refers to revenue raising exactions on privileges or activities. [Victorias Milling, Co., Inc. v. Mun. of Victorias, GR L21183. Sep. 27, 1968]. Licensing. Agency process involving the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification or conditioning of a license. [Sec. 2, Chap. 1, Book VII, EO 292]. Lien. 1. Legal right to take or hold property of a debtor as a payment or severity from a debt or obligation. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. 2. An existing burden or charge on the property. [People v. CA, GR 81541. Oct. 4, 1989, citing Black's Law Dict., 5th Ed. (1979)]. 3. A property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made. It may involve possession of the object until the debt is paid or it may be registered against the object (especially if the object is real estate). [Duhaime's Legal Dict., 2004]. Liens, encumbrances. legal problems. Conditions which prevent an outright disposal
of property. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Lifeblood theory. The theory that taxes are the lifeblood of the government and so should be collected without unnecessary hindrance. On the other hand, such collection should be made in accordance with law as any arbitrariness will negate the very reason for government itself. It is therefore necessary to reconcile the apparently conflicting interests of the authorities and the taxpayers so that the real purpose of taxation, which is the promotion of the common good, may be achieved. [Comm. of Int. Rev. v. CA, GR L-28896. Feb. 17, 1988]. Life estate. A right to use and to enjoy land and/or structures on land only for the life of the life tenant. The estate reverts back to the grantor (or to some other person), at the death of the person to whom it is given. [Duhaime's Legal Dict., 2004]. Life imprisonment. Crim. Law. A penalty which does not carry with it any accessory penalty, and does not appear to have any definite extent or duration. [People v. Layno, GR 110833. Nov. 21, 1996].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
660 Compare with perpetua.
Reclusion
Life insurance. 1. Insurance on human lives and insurance appertaining thereto or connected therewith. [Sec. 179, IC]. 2. An insurance upon life may be made payable on the death of the person, or on his surviving a specified period, or otherwise contingently on the continuance or cessation of life. [Sec. 180, IC] Lifeline rate. The subsidized rate given to low-income captive market (of electricity) end-users who cannot afford to pay at full cost. [Sec. 4, RA 9136]. Life tenant. The beneficiary of a Life estate. [Duhaime's Legal Dict., 2004]. Light coercions. Crim. Law. The felony committed by any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt. [Art. 287, RPC]. Light durables. Nonconsumable items portable or transportable as accompanied personal baggage in the course of travel. [Customs Admin. Order 3-95, Dec. 6, 1995].
Lighter. A flat-bottomed boat or barge used in loading or unloading cargo to or from vessels. [Sec. 3, PD 857]. Light felonies. Those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding P200 or both is provided. [Art. 9, RPC]. Light penalties. The following are light penalties under the Rev. Penal Code: Arresto menor, public censure, and fine, whether imposed as a single of as an alternative penalty, which is less than 200 pesos. [Arts. 25-26, RPC]. Light threats. 1. Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of Art. 282 of the Rev. Penal Code. [Art. 283, RPC]. 2. Crim. Law. The felony committed by: (a) any person who, without being included in the provisions of Art. 284 of the Rev. Penal Code, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense; (b) any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
661 he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Art. 282 of the Rev. Penal Code; (c) any person who shall orally threaten to do another any harm not constituting a felony. [Art. 285, RPC]. Like product. A domestic product which it identical, i.e., alike in all respects to the imported product under consideration, or in the absence of such a product, another domestic product which, although not alike in all respects, has characteristic: closely resembling those of the imported product under consideration. [Sec. 4, RA 8800]. Limitation of action. The loss of the right to enforce an action by the lapse of time. [Moreno’s Law Dict., 2000 Ed., p. 274]. Limited access. A fishery policy by which a system of equitable resource and allocation is established by law through fishery rights granting and licensing procedure as provided by the Phil. Fisheries Code of 1998. [Sec. 4, RA 8550]. Limited access facility. A highway or street especially
designed for through traffic, and over, from, or to which owners or occupants of abutting land and other persons have no right of easement or only a limited right of easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways, from which trucks, busses, and other commercial vehicles shall be excluded; or they may be free ways open to use by all customary forms of street and highway traffic. [Sec. 2, RA 2000]. Limited capacity doctrine. The doctrine adopted by our corporation law under which a corporation has only such powers as are expressly granted or those that are necessarily implied from those expressly granted or those which are incidental to its existence. [Sec. 2, Corp. Code]. Limited jurisdiction. Courts that are limited in the types of criminal and civil cases they may hear. [Glossary of Legal Terms (Pro-Se), 2004]. Limited liability doctrine. Mar. Ins. The liability of the shipowner of a ship is confined to the vessel, equipment, and freight, or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
662 insurance, if nay, so that if the shipowner abandoned the ship, equipment, and freight, his liability is extinguished. However, the doctrine does not apply when the shipowner or captain is guilty of negligence. [Suggested Answer for the 1999 Bar, UPLC, (2002), p. 41]. Compare with Inscrutable fault doctrine. Limited partner. 1. A partner who has agreed to be liable only to the extent of his investment. A limited partner, though, has no right to manage the partnership and is usually just an investor or promoter. 2. A unique colleague in a partnership relationship who has agreed to be liable only to the extent of his investment. Limited partners, though, have no right to manage the partnership. [Duhaime's Legal Dict., 2004]. Compare with General Partner. Limited partnership. A partnership formed by two or more persons under the provisions of the Art. 1844 of the Civil Code, having as members one or more general partners and one or more limited partners. The limited partners as such shall not be bound by the obligations of the partnership. [Art. 1843, CC].
Compare with partnership.
General
Lina Law. RA 7279, otherwise known as the Urban Development and Housing Act (UDHA) of 1992. Lineal descendant. A person who is a direct descendant such as a child to his or her natural parent. [LawInfo Legal Dictionary (2005)]. Linear wounds. Wounds which are skin deep (and) could have been caused by fingernails or any sharp grass. [People v. Almenario, GR 91491. Aug. 12, 1992]. Line-up. See Police line-up. Liquidate. To pay and settle. To convert assets to cash. To ascertain the amount, or the several amounts, of the liabilities of insolvent and apportion the assets toward the discharge of the indebtedness. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 479]. Liquidated. Ascertained. Determined; fixed; settled; made clear or manifest. Cleared away; paid; discharged; wound up. Made certain or fixed by agreement of parties or by operation of law. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 479].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
663 Liquidated account. An account whereof the amount is certain and fixed, either by the act and agreement of the parties or by operation of law; a sum which cannot be changed by the proof. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 479]. Liquidated amount. 1. One that is determined by agreement or by litigation. 2. Damages agreed upon by the parties to a contract to be paid in case of breach thereof. [Moreno’s Law Dict., 2000 Ed., pp. 274-275]. Liquidated damages. 1. Those agreed upon by the parties to a contract, to be paid in case of breach thereof. [Art. 2226, CC]. 2. Those the amount of which has been agreed upon by the parties or fixed by the judgment of a competent court. [Torres, Oblig. & Cont., 2000 Ed., p. 334]. Liquidating partner. A partner who takes charge of liquidating the affairs of the partnership after its dissolution. [Suarez, Intro. to Law, 1995 3rd Ed., p. 120]. Liquidation. The selling of all the assets of a debtor and the use of the cash proceeds of the sale to pay off creditors. [Duhaime's Legal Dict., 2004].
Liquidation court. The regional trial court having jurisdiction to assist in the adjudication of the disputed claims against the bank or non-bank financial intermediary performing quasi-banking functions and in the enforcement of individual liabilities of the stockholders, and do all that is necessary to preserve the assets of such institution and to implement the liquidation plan approved by the Monetary Board. [Sec. 29, RA 265, as amended]. Lis mota. Lat. 1. Main issue. [Tañada v. Angara, GR 118295. May 2, 1997]. 2. Threshold legal issue. [Frivaldo v. Comelec, GR 120295. June 28, 1996]. Lis pendens. Lat. 1. A pending suit or a pending litigation. [People v. RTC Manila, GR 81541. Oct. 4, 1989]. 2. A notice filed in the office of the Register of Deeds of the province where the land is situated which gives notice that a suit is pending against the owner of designated property. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. Lis pendens notice. An announcement to the whole world that a particular real property is in litigation, serving as a warning that one who acquires an interest
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
664 over the said property does so at his own risk, or that he gambles on the result of the litigation over the said property. It is but a signal to the intending buyer or mortgagee to take care or beware and to investigate the prospect or non-prospect of the litigation succeeding before he forks down his money. [People v. RTC of Manila, GR 81541. Oct. 4, 1989]. Literacy training service. A program designed to train students to become teachers of literacy and numeracy skills to school children, out of school youth, and other segments of society in need of their service. [Sec. 3, RA 9163]. Literal construction. A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as “strict" or "strict and literal" construction. Contrasts with liberal construction (which allows for the input from other factors such as the purpose of the document being interpreted). [Duhaime's Legal Dict., 2004].
Literal infringement test. A test established to determine infringement where resort must be had, in the first instance, to the words of the claim. If accused matter clearly falls within the claim, infringement is made out and that is the end of it. To determine whether the particular item falls within the literal meaning of the patent claims, the Court must juxtapose the claims of the patent and the accused product within the overall context of the claims and specifications, to determine whether there is exact identity of all material elements. [Godinez v. CA, GR 97343. Sep. 13, 1993]. Compare with Doctrine of equivalents test. Litigant. A party to a lawsuit. [Glossary of Legal Terms (Pro-Se), 2004]. Litigated motion. A motion where notice to the adverse party is necessary to afford the latter an opportunity to resist the application. [Denso v. IAC, GR 75000. Feb. 27, 1987]. Litigation. 1. A contest in which each contending party fully and fairly lays before the court the facts in issue and then, brushing aside as wholly trivial and indecisive all imperfections of form and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
665 technicalities of procedure, asks that justice be done upon the merits. [Alonso v. Villamor, 16 Phil. 316, 321322]. 2. A dispute which has become the subject of a formal court action or law suit. [Claridades, A., Compilation of Notes, 20012006]. 3. A lawsuit; a legal action, including all proceedings therein. [Glossary of Legal Terms (Pro-Se), 2004]. Litis pendentia. Lat. A pending suit. It is variously referred to in some decisions as lis pendens and auter action pendant. [Buan v. Lopez, Jr., GR 75349, 13 Oct. 1986, 145 SCRA 34, 37]. Litis pendentia. Requisites: (a) Identity of parties or at least such as represent the same interest in both actions; (b) Identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) The identity in the two cases should be such that the judgment that may be rendered in one would, regardless of which party is successful, amount to res judicata in the other. [Ramos v. Peralta, GR L-45107. Nov. 11, 1991]. Little Assembly. Interim Committee.
See
Littoral. The coastal region including both the land along the coast and the water near the coast or the shore zone between the high and low watermarks. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977]. Compare with Riparian. Live-in. When ascribed to a couple of different sexes, the present-day term for a man and a woman who are living together and comporting themselves as husband and wife without the benefit of matrimony. [Moreno’s Law Dict., 2000 Ed., p. 277]. Livelihood tools. Instruments used by hand or by machine necessary to a person in the practice of his trade, vocation or profession, such as hand tools, power tools, precision tools, farm tools, tools for dressmaking, shoe repair, beauty parlor, barber shop and the like, as may be determined by the Overseas Workers Welfare Administration (OWWA). [Sec 2, RA 9174]. Liver cancer. Also Hepatoma. Malignant primary tumor of the liver destroying the parenchyma arise (sic) from both liver cell and bile duct elements. It develops most frequently in the previous cirrhosis liver.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
666 [Clemente v. GSIS, GR L47521. July 31, 1987]. Livestock. Domestic animals used or raised on a farm, especially for profit. [Webster's Intl. Dict., 2nd Ed. (1954)]. Living unit. A dwelling, or portion thereof, providing complete living facilities for one family, including provisions for living, sleeping, cooking, eating, bathing and toilet facilities and laundry facilities, the same as a single familydwelling. [Sec. 3, BP 220]. Llave. Brass knuckle. [Manalaysay v. CA, GR 79946. Apr. 12, 1989]. Also Llave llesa. LL.B., LL.M. or LL.D. The Latin abbreviations for the three classes of law degrees: the regular bachelor degree in law (LL.B.), the masters degree in law (LL.M.) and the doctorate in law (LL.D.). [Duhaime's Legal Dict., 2004]. Loan. 1. It covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval. [Sec. 3, RA 6713]. 2. A loan the total principal amount of which, as and when required for application to the purposes
thereof, is, at the time of the making thereof, assured from funds that are or will become available therefor. [Sec. 3, PD 269]. Loan contract. A contract whereby one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it, in which case the contract is called a commodatum; or money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid, in which case the contract is simply called a loan or mutuum. [Art. 1933, CC]. Lobbying. All attempts including personal solicitation to induce legislators to vote in a certain way or to introduce legislation. It includes scrutiny of all pending bills which affect one’s interest or the interests of one’s clients, with a view towards influencing the passage or defeat of such legislation. [Manual on Definitions of Admin. Offenses in the Civil Service, Oct. 2004, p. 42, citing Black’s Law Dict., 5th Ed., 1979]. Local action. Rem. Law. An action founded on privity of estate only and there is no
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
667 privity of contract. [Albano, Rem. Law Reviewer, 1st Ed., p. 71, citing Dela Cruz v. Seminary of Manila, 18 Phil. 330]. Compare with Transitory action.
intra sovereign subdivision of one sovereign nation, it cannot be an imperium in imperio. Local government in such a system can only mean a measure of decentralization of the function of government. [Basco v. Pagcor, GR 91649. May 14, 1991].
Local autonomy. Pol. Law. Under the Constitution, it involves a mere decentralization of administration, not of power, in which local officials remain accountable to the central government in the manner the law may provide. [Ganzon v. CA, GR 93252. Aug. 5, 1991].
Local Government Code (LGC) of 1991. RA 7160 entitled “An Act providing for a Local Government Code of 1991” enacted on Oct. 10, 1991 and took effect on Jan. 1, 1992.
Local chief executives. The Provincial Governors, City or Municipal Mayors and Punong Barangay, as the case may be. [Sec. 3, RA 6735].
Local government units (LGUs). Provinces, cities, municipalities and barangays. [Sec. 3, RA 6735]. Also known as Municipal corporations.
Local Disaster Coordinating Council. A group of persons at the provincial, municipal, or barangay level, duly organized pursuant to PD 1566. [Sec. 1, EO 948, Apr. 23, 1984].
Local initiative. The legal process whereby the registered voters of a local government unit may directly propose, enact, or amend any ordinance. [Sec. 120, RA 7160].
Local government. A political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an
Local legislative bodies. The Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, and Sangguniang (Barangay). [Sec. 3, RA 6735]. Locally available materials. Form lumber, gravel and sand, nipa, sawali, old G.I.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
668 sheets and other low-cost, indigenous or used materials that could be used as inputs in small infrastructure projects. [Sec. 4, RA 7607]. Local referendum. The legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the sanggunian. [Sec. 126, RA 7160]. Local statute. A statute whose operation is confined within territorial limits other than that of the whole state, or applies to any political subdivision or subdivisions of the state less than the whole, or to property and persons of a limited portion of the state, or is directed to a specific locality or spot, as distinguished from a law which operates throughout the state. [Suarez, Stat. Con., (1993), p. 96]. Local telephone exchange. 1. An item of telecommunication apparatus designated by the grantee as such in its application with the National Telecommunications Commission for a certificate of public necessity and convenience under Sec. 10 of RA 7678. [Sec. 2, RA 7678]. 2. A central switching facility or a telecommunications
apparatus which routes calls through the network or system. [Sec. 2, RA 7617]. Local union. Any labor organization operating at the enterprise level. [Sec. 1, Rule 1, Book 5, IRR of LC]. Local water utility. Any district, city, municipality, province, investor-owned public utility or cooperative corporation which owns or operates a water system serving an urban center in the Philippines. [Sec. 3, PD 198]. Location (of mining claim). The act of appropriating a mining claim on the public domain, according to established law or rules. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 87]. Location plan. A sketch which serves to determine the location of the lot involved. [Moreno’s Law Dict., 2000 Ed., p. 279]. Lockout. 1. It comprises shutdowns, mass retrenchment and dismissals, without previous written clearance from the Secretary of Labor or his duly authorized representative. [Sec. 2, PD 823]. 2. The temporary refusal of an employer to furnish work as a result of an
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
669 industrial or labor dispute. [Art. 212, LC]. Compare with Shutdown. Lockup. It is included in the broader term "detention," which refers not only to the placing of a person in an enclosure which he cannot leave, but also to any other deprivation of liberty. [People v. Santos, GR No. 117873, Dec. 22, 1997. citing Aquino, The RPC, 1988 Ed., Vol. III, pp. 1-2]. Locus. Lat. [Duhaime's 2004].
The Legal
place. Dict.,
Locus criminis. Lat. The locality of a crime. The place where a crime was committed. [Claridades, A., Compilation of Notes, 20012006]. Locus delicti. Lat. 1. The place which has the most substantial or essential connection with the act [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 392]. 2. The place of the offense. The place where an offense was committed. [Claridades, A., Compilation of Notes, 20012006]. Locus standi. Lat. 1. A personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental
act that is being challenged. [Francisco v. HoR, GR 160261. Nov. 10, 2003]. 2. The legal interest which a plaintiff must have in the subject matter of the suit. [Antonio v. Factoran, GR 101083. July 30, 1993]. See Legal standing. Lode mineral claim. A parcel of mineral lands containing a vein, lode, ledge, lens, or mass of ore in place which has been located in accordance with law. [Sec. 18, PD 464]. Lodger. One who has merely the use without the actual or exclusive possession of his room. [Moreno’s Law Dict., 2000 Ed., p. 279]. Lodging house. A building where persons are supplied with and charged for sleeping accommodations only. [Sec. 63, PD 856]. Compare with Boarding house. Log-rolling legislation. See Hodge-podge legislation. Loko. Tag. 1. Notorious. [People v. Yarcia, GR L31179. Oct. 26, 1983]. 2. Fool, idiot or stupid. [Moreno’s Law Dict., 2000 Ed., p. 279]. Lone Candidate Law. RA 8295, entitled “An Act providing for the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
670 proclamation of a lone candidate for any elective office in a special election, and for other purposes” enacted on June 6, 1997. Longa manu, traditio. See Traditio longa manu. Long arm statute. Intl. Law. A law defining the conduct of a foreign person within a state which will subject that person to the jurisdiction of the state. [Intl. Law Dict. & Direct., 2004]. Long-term contracts. Building, installation or construction contracts covering a period in excess of one (1) year. [Sec. 48, NIRC, as amended]. Loss. 1. Mar. Law. A situation where no delivery at all was made by the shipper of the goods because the same had perished, gone out of commerce, or disappeared in such a way that their existence is unknown or they cannot be recovered. It does not include a situation where there was indeed delivery — but delivery to the wrong person, or a misdelivery. [As defined in Art. 18, CC and as applied to Sec. 3 (6), par. 4 of the Carriage of Goods by Sea Act]. 2. Ins. Injury or damage caused by an accident for which the insurer may, under the provision of the policy, be
liable, though at that time the extent of the loss may not be ascertainable. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 84-85, citing 7 Couch 5379]. Loss in insurance. The injury or damage sustained by the insured in consequence of the happening of one or more of the accidents or misfortune against which the insurer, in consideration of the premium, has undertaken to indemnify the insured. [1 Bouv. Ins. No. 1215; Black's Law Dict.; Cyclopedic Law Dict., cited in Martin's Phil. Comml. Laws, Vol. 1, 1961 ed. p. 608). Loss of confidence. Pol. Law. The formal withdrawal by an electorate of their trust in a person's ability to discharge his office previously bestowed on him by the same electorate. [Evardone v. Comelec, GR 94010. Dec. 2, 1991, citing Orendain, Phil. Local Govt. Annotated (1983)]. Loss of standing in court. Loss of the right of a party, by reason of having been declared in default, to present his defense and examine or cross-examine witnesses. It does not mean nor constitute a waiver of all rights; what is waived only is the right to he heard and to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
671 present evidence during the trial while default prevails. A party in default is still entitled to notice of final judgments and orders and proceedings taken subsequent thereto. [Garcia v. CA, GR 83929. June 11, 1992]. Loss of the instrument; how shown. The loss may be shown: (a) by any person who knew the fact of its loss; (b) by anyone who has made, in the judgment of the court, a sufficient examination in the place or places where the document or papers of similar character are usually kept by the person in whose custody the document lost was, and has been unable to find it; or (c) by anyone who has made any other investigation which is sufficient to satisfy the court that the instrument is indeed lost. [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915]. See also Execution and delivery of the document; by whom established and Destruction of the instrument; how proved. Loss of the thing due. A thing is considered lost when (a) it perishes, or (b) goes out of commerce, or (c) it disappears in such a way that its existence is unknown or it cannot be recovered. [Art. 1189 (2), CC].
Loss payable clause. Ins. A clause which entitles the loss payee to collect from the policy to the extent of the credit. Stated otherwise, as long as the insurable interest of the loss payee subsists, the mortgagor has no right to collect on the policy to the extent of that credit. [Moreno’s Law Dict., 2000 Ed., p. 280]. Lost things. Those things which are without a possessor, but are not res nullius. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 496, citing Brugi, p. 227]. Lot line wall. A wall used only by the party upon whose lot the wall is located, erected at a line separating two parcels of land each of which is a separate real estate entity. [Sec. 3, BP 220]. Lot or plot. A portion of a subdivision or any parcel of land intended as a unit for transfer of ownership or for building development. [Sec. 3, BP 220]. Lottery. The term extends to all schemes for the distribution of prizes by chance, such as policy playing, gift exhibitions, prize concerts, raffles at fairs, etc., and various forms
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
672 of gambling. [El Debate v. Topacio, GR 19982. Dec. 29, 1922, citing Horner v. US (1892)]. Lottery. Essential elements: First, consideration; second, prize and third, chance. [El Debate v. Topacio, GR 19982. Dec. 29, 1922, citing Horner v. US (1892)]. Low birth weight infant. A newborn weighing less than two thousand five hundred (2,500) grams at birth. [Sec. 3, RA 7600].
Luces. Any of several kinds of sparklers. [Sec. 2, RA 7183]. Lucid interval. A period of temporary sanity. [Ancheta, The Law on Obligations and Contracts, Rev. Ed., p. 142]. Lucrative. Profitable or gainful. [In re: Keng Giok v. Rep., GR L-13347. Aug. 31, 1961].
LPG. Liquefied petroleum gas. [Claridades, A., Compilation of Notes, 2001-2006].
Lucrative employment. A gainful employment. It is not only that the person having the employment gets enough for his ordinary necessities in life. [Swee Din Tan v. Rep., 109 Phil. 287 (1960)]. It must be shown that the employment gives one an income such that there is an appreciable margin of his income over his expenses as to be able to provide for an adequate support in the event of unemployment, sickness, or disability to work and thus avoid one's becoming the object of charity or a public charge. [Lim Biak Chiao v. Rep., L-28541, Jan. 14, 1974].
LPG distributor. Any person or entity, whether natural or juridical, engaged in exporting, refilling, transporting, marketing, and/or selling of LPG to end users and other consumers. [Sec. 4, RA 8479].
Lucro cesante. Sp. Unrealized profit. Usually the price which the thing could have commanded on the date the obligation should have been fulfilled, but was not. [Associated Realty v. CA, GR L-18056. Jan. 30,
Lowest complying and responsible bid. The proposal of one who offers the lowest price, meets all the technical specifications and requirements of the supplies desired and, as a dealer in the line of supplies involved, maintains a regular establishment, and has complied consistently with previous commitments. [Sec. 357, LGC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
673 1965]. See emergente.
also
Daño
Lugaw. 1. Powdered rice. [People v. Igdanes, GR 105804. May 5, 1997]. 2. Boiled rice. [Peole v. Liera, GR L-32147-49. Mar. 17, 1978]. 3. Porridge. [Claridades, A., Compilation of Notes, 2001-2006]. Lukaret. Tag. A crazy woman. [Claridades, A., Compilation of Notes, 2001-2006]. Lumber. 1. A processed log or timber. [Lalican v. Vergara, GR 108619. July 31, 1997]. 2. Timber or logs after being prepared for the market. [Webster's 3rd New Intl. Dict., 1993 Ed.]. 3. Solid wood not further manufactured other than sawing, re-sawing, kilndrying and passing lengthwise through a standard planing machine, including boules or unedged lumber. [Sec. 3.2 of DENR Admin. Order No. 19, S. of 1989, 17 March 1989].
motor and those establishments which although not sawing timber, have lumber for sale. [Claridades, A., Compilation of Notes, 2001-2006]. Lump sum. The present value of the basic monthly pensions for five years discounted at a rate of interest to be determined by the GSIS but not less than six percent per annum. [Sec. 2, PD 1146]. Lump sum contract. A contract (with) a lump sum price and is not based upon the specified cost of a defined unit of work. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987]. Lungga. Tag. It is known to police as the area where drug traffickers and criminal elements abound. [People v. Boholst, GR 73008. July 23, 1987].
Lumber dealer. A person or entity engaged in the buying or selling, or both, of coconut logs, timber and/or coconut tree lumber. [Sec. 3, PCA Admin. Order 1-95].
Lupong Tagapamayapa. The body organized in every barangay composed of the punong barangay as chairman and ten (10) to twenty (20) members. The lupon is constituted every three (3) years. [Art. 196, IRR of RA 7160].
Lumber yards or tablerias. Those establishments which are dedicated to the sawing of timber either by hand or
Lyceum. The Latin word for the Greek lykeion which in turn referred to a locality on the river Ilissius in ancient
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
674 Athens comprising an enclosure dedicated to Apollo and adorned with fountains and buildings erected by Pisistratus, Pericles and Lycurgus frequented by the youth for exercise and by the philosopher Aristotle and his followers for teaching. In time, the word Lyceum became associated with schools and other institutions providing public lectures and concerts and public discussions. Thus today, the word Lyceum generally refers to a school or an institution of learning. While the Latin word Lyceum has been incorporated into the English language, the word is also found in Spanish (liceo) and in French (lycee). [Lyceum of the Phil. v. CA, GR 101897. Mar. 5, 1993]. Lye. A strongly alkaline substance used in cleaning and in making soap. [People v. Hanasan, GR L-25989. Sep. 30, 1969, citing Webster's New World Dict., Coll. Ed., p. 876].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
675 Implement Machinery Co. v. Comm. of Customs, GR L12613. May 30, 1962, citing Webster's Intl. Dict.]. Maceda Law. RA 6552 entitled "An Act to Provide Protection to Buyers of Real Estate on Installment Payments" which took effect on Sep. 14, 1972. [Jison v. CA, 164 SCRA 339 (1988)]. Machinations in public auctions. The solicitation of any gift or promise as a consideration for refraining from taking part in any public auction, or the attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned. [Art. 185, RPC].
-MMabuhay. Tag. 1. Long live. [Claridades, A., Compilation of Notes, 2001-2006]. 2. Sparklers bunched into a bundle of a dozen pieces. [Sec. 2, RA 7183]. Macaroni. Kind of paste, composed chiefly of wheat flour, dried in the form of slender tubes. [Farm
Machinery. Machines, mechanical contrivances, instruments, appliances and apparatus attached to the real estate. It includes the physical facilities available for production, as well as the installations and appurtenant service facilities, together with all other equipment designed for or essential to its manufacturing, industrial or agricultural purposes. [Sec. 3, PD 464]. Madhhab (plural, Madhahib). Any of the four
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
676 orthodox (Sunni) schools of Muslim law. [Art. 7, PD 1083].
therefor, and for other purposes” enacted on Dec. 14, 1989.
Magistrate. Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge. [Jurist’s Legal Dict., 2004].
Magna Carta for Disabled Persons. RA 7277 entitled “An act providing for the rehabilitation, selfdevelopment and selfreliance of disabled persons and their integration into the mainstream of society and for other purposes,” enacted on Mar. 24, 1992.
Magna Carta. Charter to which subscribed King John of England on June 12, 1215 in which a basic set of limits were set on the King's powers. King John had ruled tyrannically. His barons rebelled and committed themselves to war with King John unless he agreed to the Charter. Held to be the precursor of habeas corpus as Article 39 of the Magna Carta held that no man shall be "imprisoned, exiled or destroyed ... except by lawful judgment of his peers or by the law of the land". [LawInfo Legal Dictionary (2005)]. Magna Carta for Countryside and Barangay Business Enterprises (Kalakalan 20). RA 6810 entitled “An act establishing the magna carta for countryside and barangay business enterprises, granting exemptions from any and all government rules and regulations and other incentives and benefits
Magna Carta for Public School Teachers. RA 4670 enacted on June 18, 1966. Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the Government. RA 8439 entitled “An Act providing a Magna Carta for scientists, engineers, researchers and other science and technology personnel in government” enacted on Dec. 22, 1997. Magna Carta for Small Enterprise. RA 6977 entitled “An Act to promote, develop and assist small and medium scale enterprises through the creation of a Small and Medium Enterprise Development (SMED) Council, and the rationalization of government assistance programs and agencies concerned with the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
677 development of small and medium enterprises, and for other purposes” enacted on Jan. 24, 1991. Magna Carta of Public Health Workers. RA 7305 enacted on Mar. 26, 1992. Magna Carta of Small Farmers. RA 7607 entitled “An Act providing a Magna Carta of small farmers” enacted on June 4, 1992. Magnetic media. A storage medium or device characterized by a base, usually plastic, coated with ferric oxide powder, in which visual and/or aural information, or software code, may be recorded or stored, including, but not limited to, magnetic tape, cassettes, video tape, diskettes, and floppy discs. [Sec. 3, RA 9239]. Mail fraud orders. Orders designed to prevent the use of the mails as a medium for disseminating printed matters which on grounds of public policy are declared non-mailable. As applied to lotteries, gift enterprises and similar schemes, justification lies in the recognized necessity to suppress their tendency to inflame the gambling spirit and to corrupt public morals. [Caltex (Phils.) Inc. v. Palomar, citing Com. v.
Lund, 15 A. 2d., 839, 143 Pa. Super. 208]. Mail or mail matters. All matters authorized by the Government to be delivered through the postal service and shall include letters, parcels, printed materials, and money orders. [Sec. 2, RA 7354]. Main canal. The channel where diverted water from a source flows to the intended area to be irrigated. [Sec. 4, RA 8435]. Maintainer or Manager or Operator. Any person who maintains, manages or operates any illegal number game in a specific area from whom the coordinator, controller or supervisor, and collector or agent take orders. [Sec. 2, RA 9287]. Maintenance. The obligation of one person to contribute, in part or in whole, to the cost of living of another person. Also known as Support (spousal or child) or Alimony. [Duhaime's Legal Dict., 2004]. Maintenance of membership. Labor. An agreement under which nonmembers are not required to join the union, but those who do join must maintain their membership for the duration of the union contract under
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
678 penalty of discharge. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157, citing Reynolds, Economics and Labor Relations, p. 226]. Majority. The number greater than half or more than half of any total. [Perez v. Dela Cruz, GR L-29458. Mar. 28, 1969, citing Webster's Intl. Dict., Unabr.]. Majority of one. Pol. Law. The lone dissenting vote of one Sandiganbayan justice which will prevent a decision of the two other members of the division as a unanimous vote is required for such decision. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 59]. Majority opinion. An opinion usually written by one judge on behalf of a majority of his colleagues on a court and on which they agree. Such an opinion has more precedential value than other kinds of opinions. [Intl. Law Dict. & Direct., 2004]. Compare with Minority opinion. Majority-owned subsidiary of a person. A company fifty per centum or more of the outstanding voting securities of which are owned by such person, or by a company which, within the meaning of this paragraph, is a majority-owned
subsidiary of such person. [Sec. 3, RA 2629]. See Wholly-owned subsidiary of a person. Majority rule. See Rule of majority. Major language. A language spoken and used by at least 1/50 or 2% of all Filipinos, based on the most recent available data of the National Statistics Office. [Sec. 3, RA 7104]. Major or extraordinary repair. Alteration, addition, partition, extension, and other construction or installation which materially increases the value or extend the useful life of the structure or equipment. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Maker. One who makes, promise and signs the instrument. [Claridades, A., Compilation of Notes, 20012006]. See Payee. Making and importing and uttering false coins. Crim. Law. The felony committed by any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or importers. [Art. 163, RPC]. Mala in se. Lat. Wrong in themselves. [Claridades, A.,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
679 Compilation of Notes, 20012006]. See Acts mala in se. Mala prohibita. Lat. Wrong because they are prohibited by law. [Claridades, A., Compilation of Notes, 20012006]. See Acts mala prohibita. Maldito. Tag. A tough guy. [People v. Toring, GR 56358. Oct. 26, 1990]. Malevolent. Wishing evil; disposed to injure; arising from or indicative of ill-will. [Moreno’s Law Dict., 2000 Ed., p. 283]. Malfeasance. 1. Doing something which is illegal. 2. The commission of an unlawful act. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Misfeasance and Nonfeasance. Malice. The intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent. A condition of the mind which prompts a person to do a wrongful act willfully, that is, on purpose to the injury of another, or to do intentionally a wrongful act toward another without justification or excuse. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 492].
Malice in fact. Also Express malice. Malice shown by proof of ill-will, hatred, or purpose to injure. [Claridades, A., Compilation of Notes, 2001-2006]. Malice in law. The presumption that every defamatory imputation is malicious, even if it be true, if no good intention and justifiable motive for making it is shown. [Art. 354, RPC]. Malicia. Sp. The term indicates what the ordinary use of the word connotes, that the action complained of must be the result of a deliberate evil intent and does not cover a mere voluntary act. [People v. Malabanan, GR 43430. Jan. 7, 1936, citing 21 Enciclopedia Juridica Española, p. 542]. Malicious mischief. Crim. Law. The felony committed by any person who shall deliberately cause the property of another any damage. [Art. 327, RPC]. Malicious mischief. Crim. Law. Elements: (a) The offender deliberately caused damage to the property of another; (b) the damage caused did not constitute arson or crimes involving destructions; and (c) the damage was caused
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
680 maliciously by the offender. [Claridades, A., Compilation of Notes, 2001-2006]. Malicious mischief, special cases of. Crim. Law. The felony committed by any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public. [Art. 328, RPC]. Malicious prosecution. 1. An action for damages brought by one against whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein. The gist of the action is the putting of legal process in force, regularly, for the mere purpose of vexation or injury. [Black's Law Dict., Rev. 4th Ed., 1986, p. 1111, cited in 199 SCRA 63 (1991)]. 2. An action instituted with intention of
injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted. [Glossary of Legal Terms (Pro-Se), 2004]. Malicious prosecution. Elements: (a) Malice; and (b) absence of probable cause. [China Banking Corp. v. CA, GR 94182. Mar. 28, 1994]. Malingerer. A person who pretends or protracts illness or injury to escape work or duty. [Olarte, Legal Med., 1st Ed. (2004), p. 158]. Malpractice. Any professional misconduct. [Glossary of Legal Terms (Pro-Se), 2004]. Malpractice defense. The area of law that focuses on representing those professionals who have been accused of negligence, misconduct, lack of ordinary skill, or a breach of duty in the performance of a professional service (medicine, law, etc.) resulting in injury or loss. [LawInfo Legal Dictionary (2005)]. Maltreatment. Crim. Law. The felony committed when the offender shall ill-treat another by deed without causing any injury. [Art. 266, RPC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
681 Maltreatment of prisoners. Crim. Law. The felony committed by any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner. [Art. 235, RPC]. Malum in se. Lat. Wrong in itself. [Claridades, A., Compilation of Notes, 20012006]. Malum prohibitum. Lat. 1. An act proscribed by the legislature for being deemed pernicious and inimical to public welfare. [People v. Reyes, GR 101127-31. Nov. 18, 1993]. 2. Wrong because it is prohibited by law. [Claridades, A., Compilation of Notes, 2001-2006]. Malus animus. Lat. A criminal intent. [People v. Quijada, GR 115008-09. July 24, 1996]. Malversation. Elements: (a) The offender is a public officer; (b) he has the custody or control of funds or property by reason of the duties of his office; (c) the funds or property involved are public funds or property for which he is accountable;
and (d) he has appropriated, taken or misappropriated, or has consented to, or through abandonment or negligence permitted, the taking by another person of, such funds or property. [Nizurtado v. Sandiganbayan, GR 107383. Dec. 7, 1994]. Malversation of public funds or property. Crim. Law. The felony committed by any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty the misappropriation or malversation of such funds or property. [Art. 217, RPC]. Malversation of public funds or property. Elements: (a) That the offender be a public officer; (b) that he had the custody or control of funds or property by reason of the duties of his office; (c) that those funds or property were public funds or property for which he was accountable; (d) that he appropriated, took, misappropriated or consented or, through
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
682 abandonment or negligence permitted another person to take them. [Agbanlog v. People, GR 105907. May 24, 1993, citing II Reyes, The Rev. Penal Code, p. 391 (1981 ed.)]. Management prerogatives. Except as limited by special laws, the freedom of an employer to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, time, place and manner of work, tools to be used, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of work. [San Miguel Brewery Sales Force Union (PTGWO) v. Ople, GR 53515. Feb. 8, 1989]. Manager. See Maintainer. Managerial employee. 1. An employee whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. [Art. 82, LC]. 2. An employee who is
vested with power or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. [Art. 212, LC]. Managerial function. The exercise of powers such as: (a) to effectively recommend such managerial actions; (b) to formulate or execute management policies and decisions; or (c) to hire, transfer, suspend, lay off, recall, dismiss, assign or discipline employees. [Arizala v. CA, GR 43633-34. Sep. 14, 1990, citing Sec. 1 (1), Rule I, IRR, EO 180]. Managerial staff. Under Rule I, Sec. 2(c), Book II of the Implementing Rules of the Labor Code, to be a member of a managerial staff, the following elements must concur or co-exist, to wit: (a) that his primary duty consists of the performance of work directly related to management policies; (b) that he customarily and regularly exercises discretion and independent judgment in the performance of his functions; (c) that he regularly and directly assists in the management of the establishment; and (d) that he does not devote twenty per cent of his time to work
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
683 other than those described above. [Villuga v. NLRC, GR 75038. Aug. 23, 1993]. Manager’s check. A check drawn by a manager of the bank, in the name of the bank against the bank itself payable to the order of a third person. [Diaz, Bus. Law Rev., 1991 Ed., p. 380]. Managing partner. A partner who is designated to manage the business of the partnership. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Mananaya. See Bettor. Mandala. Tag. A big stack of palay. [Moreno’s Law Dict., 2000 Ed., p. 286]. Mandamus. Rem. Law. 1. A special civil action to compel an officer to perform a ministerial duty but not to compel the performance of a discretionary duty. [Calderon v. Sol. Gen., GR 103752-53. Nov. 25, 1992]. 2. A writ which commands an individual, organization (e.g., government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place. [Duhaime's Legal Dict., 2004]. 3. A writ by which a court commands the performance of a particular act. [Jurist’s Legal Dict.,
2004]. Compare with Mandatory injunction. Mandamus, petition for. Rem. Law. When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent, immediately or at some other time to be specified by the court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent. [Sec. 3, Rule 65, RoC]. Mandamus; requisites for issuance of writ. Rem. Law. It is essential for a writ of mandamus to issue that the applicant has a welldefined, clear and certain legal right to the thing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
684 demanded and that it is the imperative duty of defendant to perform the act required. The corresponding duty of the respondent to perform the required act must be clear and specific. [Valmonte v. Belmonte, GR 74930. Feb. 13, 1989]. Mandamus, writ of. Rem. Law. A writ which may issue to compel the exercise of discretion but not to control it. Mandamus can require action only but not specific action where the act sought to be performed involves the exercise of discretion [Assoc. of Small Landowners in the Phil. v. Sec. of Agrarian Reform, 175 SCRA 343, citing Lamb v. Phipps, 22 Phil. 456]. Mandatory activity. Labor. A judicial process of settling dispute laid down by the law. [Galvadores v. Trajano, GR L70067, Sep. 15, 1986, 144 SCRA 138]. Mandatory injunction. Rem. Law. One that requires the performance of a particular act. It commands acts to be done or undone and may require performance of affirmative acts. [Moreno’s Law Dict., 2000 Ed., p. 287]. Compare with Mandamus and Prohibitory injunction.
Mandatory statutes. Laws which contain words of command or of prohibition and non-compliance with the same renders the proceedings to which it relates illegal and void. [Suarez, Stat. Con., (1993), p. 92]. Compare with Directory statutes. Mangkukulam. A witch, or one who practices witchcraft. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Manglares. See Mangrove swamps. Mangrove. 1. A community of intertidal plants including all species of trees, shrubs, vines and herbs found on coasts, swamps, or border of swamps. [Sec. 4, RA 8550]. 2. The type of forest occurring on tidal flat along the sea coast, extending along streams where the water is brackish. [Sec. 3, PD 705]. Mangrove swamps. Also Manglares. Mud flats, alternately washed and exposed by the tide, in which grows various kindred plants which will not live except when watered by the sea, extending their roots deep into the mud and casting their seeds, which also germinate there.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
685 [Montano v. Insular Govt., 12 Phil. 572]. Mania. Legal Med. A disorder characterized by excessive physical activity and feelings of extreme elation that are grossly out of proportion to any positive event. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Compare with Depression. Manifest. Document used in shipping and warehousing containing a list of the contents, value, origin, carrier and destination of the goods to be shipped or warehoused. [Moreno’s Law Dict., 2000 Ed., p. 287]. Manifesta probationee non indigent. Lat. That which is known need not be proved. [Moreno’s Law Dict., 2000 Ed., p. 287]. Manifestation. A memorandum manifesting and informing the court about certain matters concerning the case. It is not entitled to any affirmative action by the court, unlike a motion which is. [Moreno’s Law Dict., 2000 Ed., p. 287]. Manifestation theory. Under this theory, the contract is perfected at the moment when the acceptance is declared or made by the offeree. [Suggested Answer for the
1997 Bar, UPLC, (2002), p. 55]. Compare with Cognition theory. Manlilikha ng Bayan. A citizen or a group of citizens engaged in any traditional art uniquely Filipino, whose distinctive skills have reached such a high level of technical and artistic excellence and have been passed on to and widely practiced by the present generations in his/her community with the same degree of technical and artistic competence. [Sec. 3, RA 7355]. Manlilikha ng Bayan Act. RA 7355 entitled “An Act providing for the recognition of national living treasures, otherwise known as the Manlilikha ng Bayan, and the promotion and development of traditional folk arts, providing funds therefor, and for other purposes” enacted on Apr. 3, 1992. Manning agency. Any person or entity duly licensed by the Sec. of Labor to recruit seamen for vessels plying international waters and for related maritime activities. [Sec. 1, Rule 1, IRR of LC]. Manong. Ilok. A sign of respect due an elder brother. [People v. Somera, GR L-47275. Feb. 21, 1989].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
686 Manoy. Tag. A term of respect for an older man. [People v. Malbago, GR 37679. May 14, 1990]. Manpower. 1. That portion of the nation's population which has actual or potential capability to contribute directly to the production of goods and services. [Art. 44, LC]. Manpower and Out-ofSchool Youth Development Act. RA 5462. [Expressly repealed by the Labor Code]. Manslaughter. The unlawful killing of another without malice, either express or implied. Such may be either voluntary, upon a sudden heat, or involuntarily, but in the commission of some unlawful act. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 496]. Manual rape. For lack of a more descriptive term, the term used to refer to rape caused not by the penis but by the fingers. [People v. Salomon, GR 96848. Jan. 21, 1994]. Manufacture. 1. Consumer Law. Any and all operations involved in the production, including preparation, propagation, processing, formulating, filling, packing,
repacking, altering, ornamenting, finishing, or otherwise changing the container, wrapper, or labeling of a consumer product in the furtherance of the distribution of the same from the original place of manufacture to the person who makes the final delivery or sale to the ultimate consumer. [Sec. 4, RA 8423]. 2. Optical Media Law. The act or business of producing optical media or devices containing sounds and/or images, or software code, including any work protected in Part IV of the IP Code (RA 8293), by mastering and/or replication. In relation to equipment, manufacture shall refer to the assembly or integration of various components into any equipment useful for the mastering, manufacture and/or replication of optical media. [Sec. 3, RA 9239]. 3. Dangerous drugs law. The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
687 configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose. [Sec 3, RA 9165]. Manufacture of dangerous drug. The production, preparation, compounding or processing of a dangerous drug either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance by a duly authorized practitioner as an incident to his administration or dispensing of such drug or
substance in the course of his professional practice. [Sec. 2, RA 6425]. Manufacturer. 1. Any person entity, including a re-packer, who makes, fabricates, assembles, processes, or labels a finished product. [Sec. 4, RA 9211]. 2. The refinery in case of refined sugar or cooking oil, the miller in case of flour or rice, or the importer in case of imported processed foods or food products, or the processor in case of other processed foods or foods products. [Sec. 3, RA 8976]. 3. Every person who, by physical or chemical process, alters the exterior texture or form or inner substance of any raw material or manufactured or partially manufactured product in such manner as to have been put in its original condition, or who by any such process alters the quality of any such raw material or manufactured or partially manufactured products so as to reduce it to marketable shape or prepare it for any of the use of industry, or who by any such process combines any such raw material or manufactured or partially manufactured products with other materials or products of the same or of different kinds and in such manner that the finished products of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
688 such process or manufacture can be put to a special use or uses to which such raw material or manufactured or partially manufactured products in their original condition could not have been put, and who in addition alters such raw material or manufactured or partially manufactured products, or combines the same to produce such finished products for the purpose of their sale or distribution to others and not for his own use or consumption. [Sec. 131, RA 7160]. Manufacturing and possession of instruments or implements for falsification. Crim. Law. The felony committed by any person who shall make or introduce into the Philippines any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification. mentioned in the Rev. Penal Code, or who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned. [Art. 176, RPC]. Manufacturing equipment. Any and all equipment, machine or device, now
known or to be known in the future, intended or design for the production or manufacture, by mastering and/or replication of optical media, optical media masters, or production parts thereof. For the purpose of RA 9239, optical disc writers and such other devices used in personal computers not for commercial purposes shall not be considered as manufacturing equipment. [Sec. 3, RA 9239]. Manufacturing material. Any material such as, but not limited to, optical grade polycarbonate or polycarbonate substitutes with physical properties suitable for the manufacture of optical media. [Sec. 3, RA 9239]. Mapping projects. Public land subdivision mapping (Plsm) and photo-cadastral mapping (Pcadm) projects of which the greater bulk of the activities is sketching which leads to the preparation of mere graphical sketches or maps. [Dir. of Lands v. Sec. of ENR, GR 79684. Feb. 19, 1991]. Compare with Cadastral survey. Marginal farmer or fisherman. An individual engaged in subsistence farming or fishing which shall be limited to the sale, barter or exchange of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
689 agricultural or marine products produced by himself and his immediate family. [Sec. 131, RA 7160]. Marginalized disabled persons. Disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood and whose incomes fall below the poverty threshold. [Sec. 4, RA 7277]. Margin. A landward and outer limiting edge adjacent to the border of any water bodies or a limit beyond where beyond where saturation zone ceases to exist. [Sec 4, RA 9275]. Marginal deposit. A collateral security given by the debtor (for a letter of credit), and is supposed to be returned to him upon his compliance with his secured obligation. [Abad v. CA, GR 42735. Jan. 22, 1990]. Marginal farmer or fisherman. An individual engaged in subsistence farming or fishing which shall be limited to the sale, barter or exchange of agricultural or marine products produced by himself and his immediate family. [Sec. 131(p), LGC].
Marginal fisherman. An individual engaged in fishing whose margin of return or reward in his harvest of fish as measured by existing price levels is barely sufficient to yield a profit or cover the cost of gathering the fish. [Tano v. Socrates, GR 110249. Aug. 21, 1997, citing Webster's 3rd New Intl. Dict., p. 1381 (1993)]. Compare with Subsistence fisherman. Margin levy (on foreign exchange). A form of exchange control or restriction designed to discourage imports and encourage exports and ultimately curtail any excessive demand upon the international reserve in order to stabilize the currency. [Moreno’s Law Dict., 2000 Ed., p. 288]. Margin of solvency. An excess of the value of the admitted assets required to be maintained by an insurance company doing business in the Philippines exclusive of its paid-up capital, in the case of a domestic company, or an excess of the value of its admitted assets in the Philippines, exclusive of its security deposits, in the case of a foreign company, over the amount of its liabilities, unearned premium and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
690 reinsurance reserves in the Philippines of at least two per mille of the total amount of its insurance in force as of the preceding calendar year on all policies, except term insurance, in the case of a life insurance company, or of at least ten per centum of the total amount of its net premium written during the preceding calendar year, in the case of a company other than a life insurance company. [Sec. 194, IC]. Marijuana or Indian hemp. See Cannabis. MARINA. Maritime Industry Authority. [Sec. 3, RA 9295]. Marine insurance. Insurance against risks connected with navigation to which a ship, cargo, freightage, profits or other insurable interest in movable property may be exposed during a certain voyage a fixed period of time. Marine parks. Any off-shore area inhabited by rare and unique species of marine flora and fauna. [Sec. 3, PD 705]. Marine protection and indemnity insurance. Insurance against, or against legal liability of the insured for loss, damage, or expense incident to ownership, operation, chartering,
maintenance, use, repair, or construction of any vessel, craft or instrumentality in use of ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Sec. 99, IC]. Marine protest. A written statement under oath, made by the master of a vessel after the occurrence of an accident or disaster in which the vessel or cargo is lost or injured, with respect to the circumstances attending such occurrence. It is usually intended to show that the loss or damage resulted from a peril of the sea, or from some other cause for which neither the master nor the owner was responsible, and concludes with the protestation against any liability of the owner for such loss or damage. [Moreno’s Law Dict., 2000 Ed., pp. 288289]. Marine risk note. An acknowledgment or declaration of the insurer confirming the specific shipment covered by its Marine Open Policy, the evaluation of the cargo and the chargeable premium. [Aboitiz Shipping Corp. v. Phil. Amer. Gen. Ins. Co., GR 77530. Oct. 5, 1989].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
691 Marital disqualification rule. The disqualification of the husband or the wife to testify, during their marriage, for or against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. [Sec. 22, Rule 130, RoC]. Maritime commerce. The business of navigation upon the sea, or to business transacted on the sea or in seaports. [Torres, Oblig. & Cont., 2000 Ed., p. 344]. Maritime domain. Also Fluvial domain. The bodies of water within the land mass and the waters adjacent to the coasts of a state to a specified limit, including land-locked lakes, rivers, man-made canals, the waters in certain gulfs, bays and straits, and the territorial sea. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61]. Maritime industry. All enterprises engaged in the business of designing, constructing, manufacturing, acquiring, operating, supplying, repairing and/or maintaining vessels, or component parts thereof; of managing and/or operating
shipping lines, stevedoring arrastre and customs brokerage services, shipyards, drydocks, marine railways, marine repair shops, shipping and freight forwarding agencies and similar enterprises. [Sec. 3, PD 474]. Maritime law. A very specific body of law peculiar to transportation by water, seamen and harbors. [Duhaime's Legal Dict., 2004]. See also Admiralty law. Maritime lien. A charge or claim against a vessel or its cargo. [Intl. Law Dict. & Direct., 2004]. Mark. Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. [Sec. 38, RA 166]. Market access opportunity. The percentage of the total annual volume of imports of an agricultural product to the corresponding total volume of domestic consumption of the said product in the country in the three (3) immediately preceding years for which data are available. [Sec. 4, RA 8800].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
692 Market-driven strategy. See User-led strategy. Market infrastructure. 1. Facilities including, but not limited to, market buildings, slaughterhouses, holding pens, warehouses, market information centers, connecting roads, transport and communication and cold storage used by the farmers and fisherfolk in marketing their produce. [Sec. 4, RA 8435]. 2. Facilities such as market buildings, slaughterhouses, holding pens and cold storage used by the farmers in marketing their produce. [Sec. 4, RA 7607]. Marketing cooperative. One which engages in the supply of production inputs to members and markets their products. [Art. 23, RA 6938]. Market price. The price which would be realized for petroleum produced under a contract if sold in a transaction between independent persons dealing at arm's length in a free market. [Sec. 3, PD 87]. Market value. 1. The highest price estimated in terms of money which the property will buy if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to
which it is adapted and for which it is capable of being used. The price which a willing seller would sell and willing buyer would buy, neither being under abnormal pressure. [Sec. 3, PD 464]. 2. That reasonable sum which the property would bring on a fair sale by a man willing but not obliged to sell to a man willing but not obliged to buy. [Sedgewick on Damages, Sec. 245. Cited in Compagnie Franco-Indo Chinoise v. DeutchAustralische, 39 Phil., 474]. 3. A basis for the amount in which the property is to be disposed of. It is the amount which can be bought or sold for at the real estate market, between a willing buyer and willing seller, both having reasonable knowledge of all relevant facts and with equity to both. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Marking. Evid. The marking of all exhibits to facilitate their identification. It may be made at the pre-trial or during the trial. The plaintiff and the prosecution use capital letters (“A”, “B”, “C", etc.) and the accused use Arabic numbers (“1”, “2”, “3”, etc.). Marriage. 1. A special contract of permanent union between a man and a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
693 woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code. [Art. 1, FC]. 2. It is not only a civil contract, but it is a new relation, an institution in the maintenance of which the public is deeply interested. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. 3. The staterecognized, voluntary and exclusive contract for the lifelong union of two persons. [Duhaime's Legal Dict., 2004]. Marriage. Essential requisites for validity: (a) Legal capacity of the contracting parties who must be a male and a female; and (b) Consent freely given in the presence of the solemnizing officer. [Art. 2, FC]. Marriage. Formal requisites for validity: (a) Authority of the solemnizing officer; (b) a valid marriage license; except in the cases provided for in Chap. 2, Title I of the Family Code; and (c) a
marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. [Art. 3, FC]. Marriage contracted against provisions of laws. Crim. Law. The felony committed by any person who, without being included in the provisions of the Art. 349 of the Rev. Penal Code, shall have contracted marriage knowing that the requirements of the law have not been complied with or that the marriage is in disregard of a legal impediment, or by either of the contracting parties who shall obtain the consent of the other by means of violence, intimidation or fraud. [Art. 350, RPC]. Marriage license. An authority given by the state to its citizens to enable them to get married. A positive testimony that the parties possess all the qualifications and none of the disqualifications provided by law for marriage. [Moreno’s Law Dict., 2000 Ed., p. 290]. Marriage settlement. A contract entered into by a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
694 man and a woman who intend or plan to get married fixing the property regime that will govern their present and future properties during their marriage. [Claridades, A., Compilation of Notes, 2001-2006]. Marshall dictum. “The power to tax is the power to destroy.” [Claridades, A., Compilation of Notes, 20012006]. Compare with Holmes dictum. See Power to tax is the power to destroy. Marshalling yard. A designated open storage area within the container terminal where containers are stocked systematically in preparation for loading aboard the container ship. [Sec. 1, PPA Admin. Order 08-79]. Marshy land. Land bordering on shores and banks of navigable rivers and lakes; it is generally swampy or soft wet land. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 87]. Martial law. 1. A law of actual military necessity in actual presence of war, and is administered by the general of the army, whose will it is, subject to slight limitations." [In Re: Aquino v. Enrile, GR L-35546. Sep. 17, 1974, citing Constantin v.
Smith, DC Text, 57 F. 2d 239]. 2. The exercise of the power which resides in the executive branch of the government to preserve order and insure the public safety in times of emergency, when other branches of the government are unable to function, or their functioning would itself threaten the public safety. [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973]. Martial law power of the President. The power of the President, as the Commander-in-Chief of all armed forces of the Philippines, to call out such armed forces, whenever it becomes necessary, to prevent or suppress lawless violence, invasion or rebellion, and, in case of invasion or rebellion, when the public safety requires it, to suspend, for a period not exceeding sixty days, the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. [Sec. 10 (2), Art. VII, 1987 Const.]. Masama. A Tagalog term which connotes bad or evil. [Moreno’s Law Dict., 2000 Ed., p. 290]. Masiao. An illegal numbers game where the winning combination is derived from
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
695 the results of the last game of Jai Alai or the Special Llave portion or any result thereof based on any fictitious Jai Alai game consisting of ten (10) players pitted against one another, and its variants. [Sec. 2, RA 9287]. Mask. A covering for the face. [People v. Almenario, GR 66420. Apr. 17, 1989]. Compare with Hood. Masochism. Legal Med. The sexual enjoyment a person receives from being harmed, threatened or abused. The pain and humiliation from the partner is the primary factor for sexual gratification. The sexual deviate needs to sustain pain and suffering in order to attain orgasm. [Olarte, Legal Med., 1st Ed. (2004), p. 116]. Compare with Sadism. Massage. A method wherein the superficial soft parts of the body are rubbed or stroked or kneaded for remedial or aesthetic or hygienic purposes. [Sec. 59, PD 856]. Massage clinic. An establishment where massage is administered to customers. [Sec. 59, PD 856]. Massage clinic attendant. A trained person duly
permitted by the Secretary or his authorized representative to massage customers under the guidance and supervision of a masseur. [Sec. 59, PD 856]. Masseur. A trained person duly licensed by the Secretary or his authorized representative to perform massage and to supervise massage clinic attendants. [Sec. 59, PD 856]. Mass media. 1. Any means or methods used to convey advertising messages to the public such as television, radio, magazines, cinema, billboards, posters, streamers, hand bills, leaflets, mails and the like. [Art. 4, RA 7394]. 2. Any medium of communication designed to reach a mass of people. For this purposes, mass media includes print media such as, but not limited to, newspapers, magazines, and publications; broadcast media such as, but not limited to, radio, television, cable television, and cinema; electronic media such as but not limited to the internet. [Sec. 4, RA 9211]. Mastering. The act or business of producing a stamper made of glass, metal or other material, intended for the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
696 manufacture of optical media. [Sec. 3, RA 9239]. Master-servant relationship. The relation between one who not only prescribes to the workman the end of his work but directs or at any moment may direct the means also, or retains the power of controlling the work. [Moreno’s Law Dict., 2000 Ed., p. 290]. Masturbation. Also Selfgratification. Legal Med. The manual manipulation of the male penis to the point of ejaculation or of the vestibule, labia minora and clitoris which is the female penis, or the introduction of a penis substitute. [Olarte, Legal Med., 1st Ed. (2004), p. 114]. Matching. The judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parentchild relationship. [Sec. 3, RA 8043]. Material alteration. Nego Inst. Law. Any alteration which changes: (a) the date; (b) the sum payable, either for principal or interest; (c) the time or place of payment; (d) the number or the relations of the parties; (e) the medium or currency in which payment is to be made; (f) or which adds a
place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration. [Sec. 125, NIL]. Material crimes. Those crimes which have three stages of execution, namely, attempted, frustrated and consummated. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 33]. Material data rule. The rule in Sec. 6, Rule 41 of the Rules of Court to the effect that where the trial court finds and declares in its order of approval of a record on appeal that it was filed on time or within the reglementary period and the correctness, accuracy and veracity of such finding are not impugned, questioned or disputed by the adverse party, the non-inclusion of a motion or order is not fatal and does not warrant dismissal of the appeal since the appellate court may properly rely on the trial court's order of approval and determination of timeless of appeal. [Aznar v. CA, GR L38134. Sep. 30, 1978]. Material evidence. Evidence which is relevant to the issues in a case. [Jurist’s Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
697 Material fact. Ins. A fact which would affect the judgment of a prudent underwriter in deciding whether to accept the risk and if so, at what rate of premium and subject to what terms and conditions. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 41]. Material interest. An interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest. Moreover, the interest of the party plaintiff must be personal and not one based on a desire to vindicate the constitutional right of some third and unrelated party. [De Joya v. PCGG, GR 96541. Aug. 24, 1993]. Materially defective product. A product which, because of the pattern of the defect, the number of defective products distributed in commerce and the severity of the risk or otherwise, creates a substantial risk of injury to the public. [Art. 4, RA 7394]. Material matter. The main fact which was the subject of the inquiry, or any circumstance which tends to prove the fact, or any fact or
circumstance which tends to corroborate or strengthen the testimony relative to the subject of the inquiry, or which legitimately affects the credits of any witness who testifies. [US v. Estraña, GR 5751. Sep. 6, 1910, citing In Franklin Country 5 Ohio S. & c. Pl. Dec., 691]. Material possession. Natural possession or possession de facto. [Gatchalian v. Arlegui, GR L35615. Feb. 17, 1977]. Maternity home. An institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery. [Art. 117, PD 603]. Maternity leave benefits. The leave benefits of at least two (2) weeks before and four (4) weeks after the delivery, miscarriage or abortion, with full pay based on her regular or average weekly wages, granted by the employer to a pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months immediately preceding the expected date of delivery, or the complete abortion or miscarriage. [Art. 133, LC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
698 Maton. See Siga-siga. Matriculation fee. Fee collected by the school in consideration for the acceptance and registration of student. [Sec. 1, PD 577]. Matrimony. The legal state of being married. [Duhaime's Legal Dict., 2004]. Matters of judicial notice. Material requisites: (a) The matter must be one of common and general knowledge; (b) it must be well and authoritatively settled and not doubtful or uncertain; and (c) it must be known to be within the limits of the jurisdiction of the court. [State Prosecutors v. Muro, AM RTJ-92-876. Sep. 19, 1994, citing 20 Am. Jur., Evidence, Sec. 17, 48]. Maturity period. The time when the conditions and obligations of contracts are to be completely fulfilled. [Moreno’s Law Dict., 2000 Ed., p. 291]. Maximum sustainable yield (MSY). The largest average quantity of fish that can be harvested from a fish stocks/resource within a period of time (e.g. one year) on a sustainable basis under existing environmental conditions. [Sec. 4, RA 8550].
Maximum tolerance. The highest degree of restraint that the military, police and other peace keeping authorities shall observe during a public assembly or in the dispersal of the same. [Sec.3, BP 880]. May. 1. An auxiliary verb indicating liberty, opportunity, permission or possibility. [Capati v. Ocampo, GR L-28742. Apr. 30, 1982]. 2. Usually permissive, not mandatory. [Luna v. Abaya, 86 Phil. 472 (1950)]. May be. The term connotes possibility; it does not connote certainty. [Capati v. Ocampo, GR L-28742. Apr. 30, 1982]. Mayorazgo. Sp. From “major natu,” the first-born. The right to succeed to the property left upon the condition that it be preserved perpetually intact in the family and that it be transmitted in order of succession to each next firstborn. The confiding of the entailed properties to the first-born in order that he may preserve them for the family and deliver them to his successor. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. MCTC. Municipal Circuit Trial Court.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
699 Meal period. Time-off given by the employers for the regular meals of their employees which shall not be less than sixty minutes. [Art. 85, LC]. Means test. A protocol administered at the barangay level to determine the ability of individuals or households to pay varying levels of contributions to the National Health Insurance Program, ranging from the indigent in the community whose contributions should be totally subsidized by the government, to those who can afford to subsidize part but not all the required contributions for the Program. [Sec. 1, RA 9241]. Measured capacity. The estimated additional volume of production which the Board of Investments determines to be desirable in each preferred and pioneer area of investment, in order to supply the needs of the economy at reasonable prices, taking into account the export potential of the area. Measured capacity shall not be less than the amount by which the measurable market demand exceeds the existing productive capacity in said preferred and pioneer areas nor shall measured capacity be so much in
excess of measurable market demand as to foster or encourage overcrowding in any such area. [Sec. 3, RA 5186]. Measurement. Quantitative expression of the state of phenomenon or matter such as length, mass, time, electric current, temperature, light intensity, surface area, volume, velocity, acceleration, force, pressure, work, power, beat, angle, and others. [Sec. 2, BP 8]. Mechanical engineering, practice of. A person shall be deemed to be practicing mechanical engineering or rendering mechanical engineering service within the meaning and intent of RA 5336, who shall, for a fee, salary or other reward or compensation paid to himself or to another person, or even without such reward or compensation, render professional mechanical engineering service in the form of consultation, investigation, valuation, planning, design, or preparation of specifications or estimates for, or take charge of management, administration and supervision of the construction, erection, installation or alteration of, or render engineering service in connection with
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
700 the manufacture, sale, supply or distribution of, or to manage, operate, tend or maintain any mechanical equipment machinery or process, for any mechanical works, project or plant; or who shall, by means of signs, cards, advertisement or in any other way, offer to practice mechanical engineering or to render professional mechanical engineering service, or who shall in connection with his name, or otherwise, use, assume or advertise any title or description tending to convey the impression that he is a professional mechanical engineer, or mechanical engineer, or certified plant mechanic, or that he is engaged in the practice of mechanical engineering as defined in RA 5336. [Sec. 13, RA 5336]. Mechanic’s lien. The possessory right of a contractor in Art. 1731 of the Civil Code. The contractor’s right is to hold the movable in pledge or as security for the payment of what is due him by way of service charge, and to move for the sale of the movable pledged in order to collect the amount claimed from the proceeds. [Moreno’s Law Dict., 2000 Ed., p. 291]. Med-arbiter. An official in the DOLE-Regional Office
authorized to hear, conciliate, mediate and decide representation cases, internal union and interunion disputes. [Sec. 1, Rule 1, Book 5, IRR of LC]. Mediation. 1. A voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute. [Sec. 3, RA 9285]. 2. A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement. [Glossary of Legal Terms (Pro-Se), 2004]. Mediation-arbitration. Also Med-arb. A step dispute resolution process involving both mediation and arbitration. [Sec. 3, RA 9285]. Mediation party. A person who participates in a mediation and whose consent is necessary to resolve the dispute. [Sec. 3, RA 9285]. Mediator. A person who conducts mediation. [Sec. 3, RA 9285]. Medical Act of 1959, The. RA 2382 enacted on June 20,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
701 1959 which provides for and governs (a) the standardization and regulation of medical education; (b) the examination for registration of physicians; and (c) the supervision, control and regulation of the practice of medicine in the Philippines. Medical care expenses. Amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of diseases, or for the purpose of affecting any structure or function of the body, but excluding amounts paid for medicines. [Sec. 30, PD 69]. Medical clinic. A place in which patients can avail of medical consultation or treatment on an outpatient basis. [Sec. 2, RA 8344]. Medical confidentiality. The relationship of trust and confidence created or existing between a patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist and all other health workers or personnel involved in any counseling, testing or professional care of the former; it also applies to any person who, in any official capacity, has acquired or may have acquired such confidential
information. 8496].
[Sec.
4,
RA
Medical malpractice or negligence. That type of claim which a victim has available to him or her to redress a wrong committed by a medical professional which has caused bodily harm. [Garcia-Rueda v. Pascasio, GR 118141. Sep. 5, 1997]. In order to successfully pursue such a claim, a patient must prove that a health care provider, in most cases a physician, either failed to do something which a reasonably prudent health care provider would have done, or that he did something that a reasonably prudent provider would not have done; and that failure or action caused injury to the patient. [Garcia-Rueda v. Pascasio, GR 118141. Sep. 5, 1997, citing www.medicalmal.com/neglig .html] Medical negligence. Elements involved: duty, breach, injury and proximate causation. [Garcia-Rueda v. Pascasio, GR 118141. Sep. 5, 1997]. Medical physicist. A physicist who specializes in the application of the principles and techniques of physics in medicine. [Sec. 3, RA 7431].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
702 Medical technician. A person who not being a graduate of Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene, but having passed the corresponding civil service examination, performs the work of medical technology under the supervision of a registered medical technologist and/or qualified pathologist. [Sec. 2, RA 5527]. Medical technologist. A person who engages in the work of medical technology under the supervision of a pathologist or licensed physician authorized by the Department of Health in places where there is no pathologist and who having passed a prescribed course (Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene) of training and examination is registered under the provision of RA 5527. [Sec. 2, RA 5527]. Medical technology. An auxiliary branch of laboratory medicine which deals with the examination by various chemical, microscopic, bacteriologic and other medical laboratory procedures or technic which will aid the physician in the diagnosis, study and treatment of disease and in
the promotion of health in general. [Sec. 2, RA 5527]. Medical technology, practice of. A person shall be deemed to be in the practice of medical technology within the meaning of PD 498, who shall for a fee, salary or other compensation or reward paid or given directly or indirectly through another, renders any of the following professional services for the purpose of aiding the physician in the diagnosis, study and treatment of diseases and in the promotion of health in general. [Sec. 2, PD 498]. Medicare. The health insurance program currently being implemented by the Philippine Medical Care Commission. It consists of: (a) Program I, which covers members of the SSS and GSIS including their legal dependents; and (b) Program II, which is intended for those not covered under Program I. [Sec. 1, RA 9241]. Medicinal preparations. Substances used in medicine and prepared for the use of the apothecary or the physician to be administered as a remedy for diseases [La Tondeña v. Coll. of Int. Rev., 10 SCRA 709, citing Law Dict., Ballantine, Phil. Ed.].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
703 Medicine sample. Medicine given free to members of the medical profession by drug manufacturers. [Moreno’s Law Dict., 2000 Ed., p. 291]. Medico-legal officers. Physicians or their duly designated deputies, from the National Bureau of Investigation (NBI), the Philippine National Police Crime Laboratory (PNP), the Military Forces (Army, Marines, Navy, Air Force) or any similar government institution or department who have custody of medicolegal case and violent deaths, such cases being defined as: (a) death from accidents or trauma; (b) death from homicide/murder or apparent suicide; (c) death from undetermined cause; or (d) violent deaths such as military casualties. [Sec. 4, DOH Admin. Order 11-95]. Medulla oblongata. The lowest or posterior part of the brain, extending from the isthmust rhombencephali to the spinal cord into which it gradually tapers off. It connects the brain with the spinal cord. [Moreno’s Law Dict., 2000 Ed., p. 291]. Mejora. Sp. Betterment. The disposition by parents of one of the two-thirds forming the legitime in order to apply it
as betterment to their legitimate children or descendants. [Estorque v. Estorque, GR L-19573. June 30, 1970, citing Art. 808, par. 2, Sp. Civil Code]. Melancholia. Legal Med. An intense feeling of depression and misery which is unwarranted by his physical condition and external environment. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Member. Any person whose premiums have been regularly paid to the National Health Insurance Program. He may be a paying member, or a pensioner/retiree member. [Sec. 1, RA 9241]. Members. The corporators of a non-stock corporation. [Sec. 5, CC]. Members of the family. Those persons having family relations referred to under Art. 150 of the Family Code. It shall include the employer parent's or legal guardian's husband or wife, parents, children, other ascendants or descendants, brothers and sisters whether of full or half blood. [Sec. 2, RA 7658]. Memo debet bis vexare pro una et eadem causa. Lat. No man shall be twice vexed for one and the same cause. [Ex parte Lange, 18 Wall
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
704 163, 168; 21 Law Ed 872; U.S. v. Throckmorton, 98 U.S. 61; 25 Law Ed. 93]. Memoir or memorandum. Intl. Law. A diplomatic note, either signed or merely initiated by the negotiators, containing salient points. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Memorandum. Rem. Law. An informal note or instrument embodying something the parties desire to have in written evidence. [Glossary of Legal Terms (Pro-Se), 2004]. Memorandum check. It is in the form of an ordinary check, with the word "memorandum", "memo" or "mem" written across its face, signifying that the maker or drawer engages to pay the bona fide holder absolutely, without any condition concerning its presentment. Such a check is an evidence of debt against the drawer, and although may not be intended to be presented, has the same effect as an ordinary check, and if passed to a third person, will be valid in his hands like any other check. [People v. Nitafan, GR 75954. Oct. 22, 1992]. Memorandum decision. 1. A decision rendered by an
appellate court which incorporates by reference the findings of fact or the conclusions of law contained in the decision, order or ruling under review. [Francisco v. Permskul, GR 81006. May 12, 1989]. 2. A decision of the appellate court which adopt the findings and the conclusion of the trial court. [Claridades, A., Compilation of Notes, 2001-2006]. Memorandum of Understanding (MOU). A document which, if meeting the other criteria, can be, in law, a contract. Generally, in the world of commerce or international negotiations, an MOU is considered to be a preliminary document; not a comprehensive agreement between two parties but rather an interim or partial agreement on some elements, in some cases a mere agreement in principle, on which there has been accord. Most MOU's imply that something more is eventually expected. [Duhaime's Legal Dict., 2004]. Memorialized. In writing. [Glossary of Legal Terms (Pro-Se), 2004]. Memory pack diskette. A device used to store data. [Sec. 2, RA 8046].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
705 Memory pack receiver. A dedicated machine that reads memory packs. [Sec. 2, RA 8046]. Menarche. The onset of the first menstruation of a girl. [Moreno’s Law Dict., 2000 Ed., p. 292]. Mendicancy Law of 1978. PD 1563 entitled “Establishing an integrated system for the control and eradication of mendicancy, providing penalties, appropriating funds therefor, and for other purposes” signed into law on June 11, 1978. Mendicant. Any person, except those enumerated in Sec. 4 of PD 1563, who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. [Sec. 3, PD 1563]. Mens rea. Lat. Guilty mind. 1. Many serious crimes require the proof of mens rea before a person can be convicted. In other words, the prosecution must prove not only that the accused committed the offense but that he did it knowing that it was prohibited; that his act or omission was done with
an intent to commit a crime. [Duhaime's Legal Dict., 2004]. 2. A guilty mind, a guilty or wrongful purpose or criminal intent. [People v. Moreno, GR 126921. Aug. 28, 1998, citing Black's Law Dict., 5th Ed., p. 889]. Mental anguish. Distress or serious pain as distinguished from annoyance, regret or vexation. [Moreno’s Law Dict., 2000 Ed., p. 293]. Mental deficiency or retardation. A sub-average intellectual ability present from birth or early infancy. [Olarte, Legal Med., 1st Ed. (2004), p. 155]. Mental pachyderm. A distorted mind, a mind that is insensible, unfeeling, senseless, hardened, callous. [People v. Aquino, GR L23908. Oct. 29, 1966, citing Thesaurus of Words and Phrases, p. 121, (1947)]. Mercantile agency. Any person engaged in the gathering information as to the financial standing ability or credit of persons engaged in business, and reporting the same to subscribers or to customers applying and paying therefor. [Sec. 1, PD 426]. See Collecting agency. Mercenary. Intl. Law. A volunteer who, for monetary
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
706 award, enters into an agreement to fight for the armed forces of a foreign State or an entity purporting to exercise authority over a country or people or part thereof. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 611]. Merchandise. As used in Bulk Sales Law, things and articles which are kept for sale by a merchant. [Moreno’s Law Dict., 2000 Ed., p. 293]. Merchant. 1. A person engaged in the sale, barter, or exchange of personal property of whatever character. [Sec. 1459, Act 2711; Whitaker v. Rafferty, GR 11962. Aug. 27, 1918]. 2. A person engaged in buying and selling merchandise at a fixed place of business, which business is conducted in his name, and who during the time he claims to be engaged as a merchant does not engage in the performance of any manual labor except such as is necessary in the conduct of his business as such merchant [Singh v. Board of Comm., GR L-11015. Feb. 25, 1961, citing Sec. 12, Act 702]. Merchants. (a) Those who, having legal capacity to engage in commerce, habitually devote
themselves to it, and (b) commercial or industrial companies which may be created in accordance with law. [Art. 1, Code of Commerce]. Merchant marine deck officer. A duly registered, certified and licensed master mariner, chief mate and officer-in-charge of a navigational watch. [Sec. 4, RA 8544]. Merchant marine engineer officer. A duly registered, certified and licensed chief engineer, second engineer, and officer-in-charge of an engineering watch in a manned engine-room or designated duty engineer in a periodically unmanned engine-room, and coastal engineer. [Sec. 4, RA 8544]. Merchant marine officer. Marine deck or engineer officer. [Sec. 4, RA 8544]. Merchant marine profession, practice of. The profession requiring the application of fundamental and known principles of navigation, seamanship and engineering to the peculiar condition and requirements of on board management, operation and maintenance of main propulsion and auxiliary engines, stability and trim of the vessel and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
707 cargo handling. [Sec. 4, RA 8544]. Merchant marine vessel. Applies only to the commercial ships, propelled by machinery, public or private, strictly engaged in maritime commerce, both seagoing and/or near-coastal trade, vessels engaged in the training of cadets for the merchant marine profession, and noncombatant vessels of the Philippine Government. [Sec. 4, RA 8544]. Merger. Corp. Law. 1. The union of two companies that results in the continuation of the corporate existence and survival of one constituent company and dissolution of the other. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. 2. The absorption of one thing or right into another. [Glossary of Legal Terms (Pro-Se), 2004]. See Confusion. Merger and consolidation. Corp. Law. The merger of two or more corporations into a single corporation which shall be one of the constituent corporations or may consolidate into a new single corporation which shall be the consolidated corporation. [Sec. 76, Corp. Code]. Compare with Consolidation.
Merger rule. Intl. Law. Legal rule that the treaties in effect in a former state remain in effect in its territory when it becomes part of a new state. [Intl. Law Dict. & Direct., 2004]. Meridional Block.
block.
See
Merits. A matter of substance in law, as distinguished from matter of form, and as the real or substantial grounds of action or defense, in contradistinction to some technical or collateral matter raised in the course of the suit. A judgment is upon the merits when it amounts to a declaration of the law as to the respective rights and duties of the parties, based upon the ultimate fact or state of facts disclosed by the pleadings and evidence, and upon which the right of recovery depends, irrespective of formal, technical or dilatory objections or contentions. [Escarte v. Off. of the Pres., GR 58668. Dec. 4, 1990, citing Francisco, Rev. Rules of Court, Vol. II, pp. 841842]. Metallic deposits. Those which contain any of the metallic elements or minerals, or their combination, such as gold, silver, platinum, tin,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
708 chromium, iron, manganese, copper, nickel, lead, zinc cinnabar, tungsten and the like. [Sec. 18, PD 464]. Metallurgy or metallurgical engineering, practice of. (a) A person shall be deemed to be practising metallurgical engineering within the meaning and intent of PD 1563 who shall, for a fee, salary or other reward or compensation, paid to him or through another person, or even without such reward or compensation, render or offer to render professional service in metallurgy or metallurgical engineering in the form of consultation, investigation, valuation, planning, designing or supervision of operation; (b) The term metallurgy or metallurgical engineering as used in this Decree, shall mean the teaching and practice of the science and technology of preparing minerals and metals from ores by separating them from mechanical mixture and chemical combination and/or finally processing them for use. [Sec. 12, PD 1536]. Metals industry. The manufacture from ore materials of products of all precious, base and rare metals and their alloys, including all processes from
smelting in direct and indirect reduction furnaces to the final finished product state, either separately or part of an integrated process. [Sec. 2, RA 6428]. MeTC. Court.
Metropolitan
Trial
Meter or metre. The base unit of length which is the length equal to 1 650 763.73 wavelengths in vacuum of the radiation corresponding to the transition between the levels 2p 10 and 5d 5 of the krypton 86 atom. [Sec. 4, BP 8]. Methamphetamine hydrochloride. Commonly known as "Shabu", "Ice", "Meth", or by its any other name. The drug having such chemical composition, including any of its isomers or derivatives in any form. [Sec 3, RA 9165]. Methylenedioxymethamph etamine or Ecstasy. The drug having such chemical composition, including any of its isomers or derivatives in any form. [Sec 3, RA 9165]. Metric system. The international System of Units, or SI in brief, as established by the General Conference of Weights and Measures and as interpreted or modified by the Metric
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
709 System Board, established pursuant to PD 187, as amended by PD 748, to suit Philippine conditions. [Sec. 2, BP 8]. Metropolitan Manila. A public corporation, originally created under PD 824, embracing the cities of Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig, Quezon, and Muntinlupa, Las Piñas, Malabon, Marikina, Parañaque, Taguig, and Valenzuela, and the municipalities of Navotas, Pateros and San Juan, which was later constituted into a special development and administrative region subject to direct supervision of the President of the Philippines by virtue of RA 7924. Metropolitan Manila Development Authority (MMDA). The government body created under RA 7924 to administer the affairs of Metropolitan Manila. Micro-enterprise. Any economic enterprise with a capital of P150,000.00 and below. This amount is subject to periodic determination of the DTI to reflect economic changes. [Sec. 3, RA 8425]. Microfinance. A credit and savings mobilization program exclusively for the
poor to improve the asset base of households and expand the access to savings of the poor. It involves the use of viable alternative credit schemes and savings programs including the extension of small loans, simplified loan application procedures, group character loans, collateral-free arrangements, alternative loan repayments, minimum requirements for savings, and small denominated savers' instruments. [Sec. 3, RA 8425]. Micronutrient. An essential nutrient required by the body in very small quantities; recommended intakes are in milligrams or micrograms. [Sec. 3, RA 8976]. Micronutrient malnutrition. A disorder resulting from deficiencies in vitamin A, iron, iodine and other micronutrients which the body needs in minute quantities everyday. [Sec. 4, RA 8172]. Middle-level manpower. Those (a) who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at least a secondary education but preferably a postsecondary education with a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
710 corresponding degree or diploma; or (b) skilled workers who have become highly competent in their trade or craft as attested by industry. [Sec. 4, RA 7796]. Midnight appointments. Also Last minutes appointments. Mass adinterim appointments issued in the last hours of an outgoing Chief Executive (which) are to be considered by the Commission on Appointments as different from that to be submitted by an incoming Chief Executive who may not wholly approve of the selections, especially if it is doubtful that the outgoing President exercised double care in extending such appointments. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. Might. The word does not connote an agreement to do something. It is an expression of a probable intention to do but cannot be categorized as an offer or promise to do it. [Moreno’s Law Dict., 2000 Ed., p. 293]. Migrant worker. A person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he is not a legal resident; to be used interchangeably with Overseas Filipino
Workers. [Sec. 2, IRR, RA 8042]. Migrant Workers and Overseas Filipinos Act of 1995. RA 8042 entitled “An Act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes” enacted on June 7, 1995. Migratory species. Any fishery species which in the course of their life could travel from freshwater to marine water or vice versa, or any marine species which travel over great distances in waters of the ocean as part of their behavioral adaptation for survival and speciation. [Sec. 4, RA 8550]. Military. All branches of the Armed Forces of the Philippines including (sic) the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection. [Sec. 3, RA 8491]. Military occupation. The taking over of enemy territory by the victor after the conclusion of the war. The rights and obligations of the “military occupant” are
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
711 generally premised on the provisions of an agreement or treaty on the matter. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1078]. Compare with Belligerent occupation. Military personnel. Commissioned officers, enlisted personnel, trainees and draftees who are in the active service of the Armed Forces of the Philippines. [Sec. 1, PD 577]. Mill tailings. Materials whether solid, liquid or both segregated from the ores during concentration/milling operations which has no present economic value to the generator of the same. [Sec. 4, DENR Admin. Order 95-23]. Mine. 1. v. To extract, remove, utilize minerals, and include operations necessary for that purpose. [Sec. 2, PD 463]. 2. n. A work for the excavation of minerals, by means of pits, shafts, levels, tunnels, and others. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 110]. Mineral agreement. A contract between the government and a contractor, involving mineral production-sharing agreement, co-production agreement, or joint-venture
agreement. 7942].
[Sec.
3,
RA
Mineral deposit. A natural deposit or accumulation of minerals. [Sec. 2, PD 463]. Mineralized areas. Areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources. [Sec. 3, RA 7076]. Mineral land. 1. Any area where mineral resources are found. [Sec. 3, RA 7942]. 2. Land in which minerals exist in sufficient quantity and grade to justify the necessary expenditures in extracting and utilizing such minerals. [Sec. 3, PD 464; Sec. 2, PD 463]. Mineral processing. The milling, beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products. [Sec. 3, RA 7942]. Mineral resource. Any concentration of minerals/rocks with potential economic value. [Sec. 3, RA 7942]. Mineral Development 1974. PD 463 law on May
Resources Decree of signed into 17, 1974;
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
712 subsequently repealed by PD 972. Minerals. 1. All naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy. [Sec. 3, RA 7942]. 2. All naturally occurring inorganic substances in solid, liquid or any intermediate state including coal. Soil which supports organic life, sand and gravel, guano, petroleum, geothermal energy and natural gas are included in this term but are governed by special laws. [Sec. 2, PD 463]. Minerals processing permit. The permit granted by the DENR Sec. to any person who shall engage in the processing of minerals, which shall be for a period of five (5) years renewable for like periods but not to exceed a total term of twenty-five (25) years. [Sec. 55, RA 7942]. Minerals products. Materials derived from minerals ores/rocks and prepared into a marketable state by metallurgical processes which include, but not limited to milling, beneficiation, cyanidation,
leaching, smelting, calcination and other similar processes. [Sec. 4, DENR Admin. Order 95-23]. Mine wastes and tailings. Soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same. [Sec. 3, RA 7942]. Mini-hydroelectric power developer or developer. Any individual, cooperative, corporation or association engaged in the construction and installation of a hydroelectric-powergenerating plant with an installed capacity of not less than 101 kilowatts nor more than 10,000 kilowatts. [Sec. 4, RA 7156]. Mini-hydroelectric power development. The construction and installation of a hydroelectric-powergenerating plant and its auxiliary facilities such as transmission, substation and machine shop with an installed capacity of not less that 101 kilowatts nor more than 10,000 kilowatts. [Sec. 4, RA 7156]. Mini-hydroelectric power plant. An electric-powergenerating plant which: (a) utilizes the kinetic energy of falling or running water (runof-river hydro plants) to turn
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
713 a turbine generator producing electricity; and (c) has an installed capacity of not less than 101 kilowatts nor more than 10,000 kilowatts. [Sec. 4, RA 7156]. Minimum Access Volume (mV). The amount of imports of an agricultural product allowed to be imported into the country at a customs duty lower than out-quota customs duty. [Sec. 4, RA 8800]. Minimum basic needs (MBN). The needs of a Filipino family pertaining to survival (food and nutrition; health; water and sanitation; clothing), security (shelter; peace and order; public safety; income and livelihood) and enabling (basic education and literacy; participation in community development; family and psycho-social care). [Sec. 3, RA 8425]. Minimum Wage Law. RA 602, as amended . [Expressly repealed by the Labor Code, except Sec. 3 and 7 thereof]. Mining. The exploration for and extraction of minerals which occur in nature as either solids, liquids or gases. [Sec. 2, RA 4095]. Mining Act. CA 137, as amended, and as further
amended by RA 7942, the Philippine Mining Act of 1995. Mining area. A portion of the contract area identified by the contractor for purposes of development, mining, utilization, and its sites for support facilities or in the immediate vicinity of the mining operations. [Sec. 3, RA 7942]. Mining claim. A parcel of land containing precious metal in its soil or rock, and is often used in mining parlance as synonymous with the term Location. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 110]. Mining engineering, practice of. A person shall be deemed to be practising mining engineering or rendering mining engineering service within the meaning and intent of RA 4274 who shall, for a fee, salary or other reward or compensation, paid to him or through another person, or even without such compensation, render or offer to render by means of signs, cards, advertisements, written reports, and/or in any other manner offer to practice mining engineering in the form of consultation, investigation, mining reports, valuation and ore
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
714 reserve calculation; take charge of, direct and/or supervise underground and/or surface mining, opencuts, pits and/or quarries; shaft sinking, tunneling, stopping, dredging, hydraulicking and sluicing for minerals and/or mineral products: Provided, That the above functions are exercised in a responsible and independent capacity. [Sec. 12, RA 4274]. Mining operations. Mining activities involving exploration, feasibility, development, utilization, and processing. [Sec. 3, RA 7942]. Mining plan. A two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials, including the financial plan and other resources in support thereof. [Sec. 3, RA 7076]. Mining right. Any right to explore, develop, or utilize mineral resources. [Sec. 4, DENR Admin. Order 95-23]. Mining right application. Any application for smallscale mining permit, exploration permit, quarry permit, sand and gravel permit, guano permit, gemstone gathering permit,
mineral agreement or FTAA. [Sec. 4, DENR Admin. Order 95-23]. Ministerial act or duty. In contradistinction to a discretional act, one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment, upon the propriety or impropriety of the act done. If the law imposes a duty upon a public officer, and gives him the right to decide how or when the duty shall be performed, such duty is discretionary and not ministerial. The duty is ministerial only when the discharge of the same requires neither the exercise of official discretion nor judgment. [Lamb v. Phipps, GR 7806. July 12, 1912]. Ministerial execution. Also Execution as a matter of right. Execution of a final judgment or final order which has attained finality. [Bench Book for Trial Court Judges, p. 2-56]. Compare with Discretionary execution. Minister of the Gospel. All clergymen of denomination and faith. [Adong v. Cheong
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
715 See Gee, GR L-18081. Mar. 3, 1922]. Ministers plenipotentiary. Also Envoys extraordinary. Ministers assigned to perform a special function (i.e., signing a treaty). [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1044]. Ministers resident. The political, cultural, economic, and social representatives of their countries to a foreign principal city. Their offices are known as Legations. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1044]. Ministrant function. Also Proprietary function. Pol. Law. A function of government which connotes merely the exercise of proprietary functions and thus considered as optional. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare with Governmental or Constituent function. Ministrant governmental functions. Pol. Law. Those that are undertaken only by way of advancing the general interest of society, and are merely optional. The most important of the ministrant functions are: public works, public education, public charity, health and safety
regulations, and regulations of trade and industry. [SSS Employees Assoc. v. Soriano, GR L-18081. Apr. 30, 1963]. Compare with Constituent governmental functions. Mini-trial. A structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral third person after which the parties seek a negotiated settlement. [Sec. 3, RA 9285]. Minor. 1. Any person below eighteen (18) years old. [Sec. 4, RA 9211]. 2. A person under the age of legal competence. [Jurist’s Legal Dict., 2004]. Minority. The state or condition of a minor; infancy. The smaller number of votes to deliberate assembly. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Majority. Minority opinion. A dissenting opinion. [Intl. Law Dict. & Direct., 2004]. Compare with Majority opinion. Minor or ordinary repair. Repair merely to keep a building or equipment in fit condition or use without increasing its capacity or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
716 otherwise adding to its normal value as an asset. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Minutes. 1. The official record of a meeting. [Duhaime's Legal Dict., 2004]. 2. Memorandum of a transaction or proceeding. [Glossary of Legal Terms (Pro-Se), 2004]. Miranda warning. Also Miranda rule. 1. The name given to the requirement that police officers must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided before any questioning is so desired. Failure to issue the warning results in the evidence so obtained to be inadmissible in court. The warning became a national police requirement when ordered by the US Supreme Court in the 1966 case of Miranda v. Arizona and that is how it got the name. 2. Requirement that police tell a suspect in their custody of his constitutional rights before they question him. So named as a result of the Miranda v. Arizona ruling by the US Supreme Court.
[Glossary of Legal (Pro-Se), 2004].
Terms
Misappropriate. To own, to take something for one's own benefit. [Sy v. People, GR 85785. Apr. 24, 1989, citing II Reyes, Crim. Law, 12th Ed., p. 729]. Compare with Convert. Misappropriate (for one's own use). To convert to one's personal advantage. To attempt to dispose of the property of another without right. [US v. Panes, 37 Phil. 118]. Misappropriation. The misapplication of money, goods, or other personal property belonging to another for his personal benefit. [Trinidad v. CA, 53 OG 731]. Miscellaneous payroll period. A payroll period other than, a daily, weekly, biweekly, semi-monthly, monthly, quarterly, semiannual, or annual period. [Sec. 78, NIRC, as amended]. Misconduct. 1. A transgression of some established or definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer. [Amosco v. Magro, 73 SCRA 107 (1976)]. 2. Any unlawful behavior by a public officer in relation to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
717 the duties of his office, willful in character. The term embraces acts which the office holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act. [Maaliw, Willie Fernando S., CSC Res. 001290, June 1, 2000]. Misconduct in office. 1. Any unlawful behavior by a public officer in relation to the duties of his office, willful in character. [Guillen v. Tolentino, AM SB-95-6-P. Dec. 10, 1997, citing Black's Law Dict., Rev. 4th Ed., p. 1150]. 2. A misconduct such as affects his performance of his duties as an officer and not such only as affects his character as a private individual. In such cases, it has been said at all times, it is necessary to separate the character of man from the character of an officer. [Amosco v. Magro, 73 SCRA 107, pp. 108-109, Sep. 30, 1976; citing Lacson v. Roque, 92 Phil. 456 (1953), Buenaventura v. Benedicto, 38 SCRA 71, Mar. 27, 1971, and In re Impeachment of Horilleno, 43 Phil. 212 (1922)]. Misconduct of notary public. The act of ratifying a contract the covenants of which are contrary to law, morals and good customs, executed by a notary public
who is at the same time a practicing attorney upon which the court, as disciplinary measure, may impose even disbarment. [Panganiban v. Borromeo, 58 Phil. 367; Biton v. Momongan, 62 Phil. 7]. Misdemeanor. A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary. [Claridades, A., Compilation of Notes, 2001-2006]. Misfeasance. 1. Improperly doing something which a person has the legal right to do. [Duhaime's Legal Dict., 2004]. 2. Improper performance of an act which a person might lawfully do. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Malfeasance and Nonfeasance. Misjoinder. When a person has been named as a party to a lawsuit when that person should not have been added. When this is asserted, the court will usually accommodate a request to amend the court documents to strike, or substitute for, the name of the misjoined party. [Duhaime's Legal Dict., 2004]. Compare with Nonjoinder.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
718 Misleading question. One which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is not allowed. [Sec. 10, Rule 132, RoC]. Compare with Leading question. Misprision of treason. Crim. Law. The felony committed by a person owing allegiance to the Government of the Philippines, without being a foreigner, and having knowledge of any conspiracy against them, who conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be. [Art. 116, RPC]. Misrepresentation. Contracts. 1. A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract. [Duhaime's Legal Dict., 2004]. 2. Ins. A statement as a fact of something which is untrue, and which the insured states with knowledge that it is untrue and with an intent to deceive, or which he states positively as true without knowing it to be true, and which has a tendency to mislead, where such fact in
either case is material to the risk. [Agbayani, Comm. Laws of the Phil., Vol. II, p.66]. Mistake of facts. Crim. Law. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional. The actor performed an act which would be lawful had it been true as he believed it to be. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 2122]. Mistake to invalidate consent. There is mistake to invalidate consent when the mistake refers to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. [Art. 1331, CC]. Mistrial. 1. A partial or complete trial which is found to be null and void and of no effect because of some irregularity. The sudden end of trial before it would ordinarily end because of some reason which invalidates it. Once a mistrial is declared, the situation is as if the trial had never occurred. [Duhaime's Legal Dict., 2004]. 2. An invalid trial, caused by fundamental error. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
719 Misuse of allocation. The sale, transfer or diversion of mandated petroleum fuel allocations by oil companies, distributors, dealers or consumers contrary to the declared intent of the Government in making such allocation. [Sec. 2, PD 1865; Sec. 3, BP 33]. Mitigating circumstances. 1. Those circumstances that have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa, which makes the act voluntary or because of the lesser perversity of the offender. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 51]. 2. These are facts that, while not negating an offense or wrongful action, tend to show that the defendant may have had some grounds for acting the way he did. For example, assault, though provoked, is still assault but provocation may constitute mitigating circumstances and allow for a lesser sentence. 3. Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Aggravating circumstances.
Mitigation. A reduction, abatement, or diminution of a penalty or punishment imposed by law. [Glossary of Legal Terms (Pro-Se), 2004]. Mitigation of damages. The responsibility a person who sues another for damages to minimize those damages, as far as reasonable. For example, in a wrongful dismissal suit, the person who was fired should make some effort to find another job so as to minimize the economic damage to himself. [LawInfo Legal Dictionary (2005)]. Mittimus. 1. The final process for carrying into effect the decision of the appellate court, and the transmittal thereof to the court of origin is predicated upon the finality of the judgment. [Clemente-De Guzman v. Reyes, AM 2358-MJ. June 29, 1982]. 2. The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his fate shall be determined by due course of law. [Glossary of Legal Terms (Pro-Se), 2004]. Mixed condition. 1. A condition which depends
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
720 partly upon chance and partly upon the will of a third person. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A condition the fulfillment of which depends jointly upon the will of the heir, devisee or legatee and upon chance and/or the will of a third person. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 222-223]. Mixed novation. Novation that is both objective and subjective at the same time wherein a dual purpose is achieved. An obligation is extinguished and a new one is created in lieu thereof. [Moreno’s Law Dict., 2000 Ed., p. 296]. Mixed solidarity. Solidarity that exists among the creditors and the debtors at the same time. [Torres, Oblig. & Cont., 2000 Ed., p. 77]. Mixed succession. Succession effected partly by will and partly by operation of law. [Art. 780, CC]. Mobile satellite service. A radio communications service between mobile earth stations and one or more space stations, or between space stations used by this service, or between mobile earth stations by means of one or more space
stations. [Sec.3, EO 467, s. 1998]. Mobilia sequuntur personam principle. The principle that the situs of personal property is the domicile of the owner. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 48]. Mobilization fee. The amount charged by a licensee or authority holder from its foreign employerprincipal/partner to cover costs of recruitment, processing and documentation of its recruits for overseas employment. [Sec. 1, Rule 1, IRR of LC]. Modal donation. A donation in which the donor imposes a prestation upon the donee. [Central Phil. Univ. v. CA, GR 112127. July 17, 1995]. Mode. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 228]. Model law. The Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985. [Sec. 3, RA 9285].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
721 Mode of acquisition. The means/ways by which the government acquired the property; e.g. sale, donation, eminent domain, escheat, judgment levy and foreclosure of mortgage. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Moderate damages. See Temperate damages. Modern factoring. A continuing agreement under which a financing institution assumes the credit and collection for its client and purchases his receivables as they arise without recourse to him for credit losses. For a small commission, the factor assumes all the client’s burdens of credits and collections. [Moreno’s Law Dict., 2000 Ed., p. 296]. Modes of discovery. The name given pretrial devices for obtaining facts and information about the case. [Glossary of Legal Terms (Pro-Se), 2004]. Modification of permit. The change of the place and time of the public assembly, rerouting of the parade or street Mar., the volume of loud-speakers or sound system and similar changes. [Sec.3, BP 880]. Modified union shop. Labor. A contract which requires all
new employees to become union members for some time after employment but does not require present employees to join the union. Those who have become union members shall maintain their membership as a condition of continuous employment. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Modus operandi. Lat. Method of operation. Used by law enforcement officials to refer to a criminal's preferred method of committing crime. [Duhaime's Legal Dict., 2004]. Modus vivendi. Lat. Intl. Law. A temporary agreement or arrangement between two States, providing for a workable compromise in a pending dispute, which is intended to be replaced later by an arrangement of a more formal and permanent character. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. Mohammedan Imam. A priest or minister of the Gospel. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. Mohammedanism. A denomination, within the meaning of the Marriage Law. [Adong v. Cheong See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
722 Gee, GR L-18081. Mar. 3, 1922]. Moiety. Half of something. For example, it can be said that joint tenants hold a moiety in property. In old criminal law, there were moiety acts which allowed half of the fine money to be handed over to the informer. [Duhaime's Legal Dict., 2004]. Mole. The base unit of amount of substance which is the amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12. When the mole is used, the elementary entities must be specified and may be atoms, molecules, ions, electrons, other particles, or specified groups of such particles. [Sec. 4, BP 8]. Moneda. Sp. Money, specie, coin. [US v. Gardner, GR 1468. Mar. 14, 1904, citing Appleton's Sp. Dict.]. Moneda corriente. Sp. Currency. [US v. Gardner, GR 1468. Mar. 14, 1904, citing Appleton's Sp. Dict.]. Moneda sonate. Sp. Hard money, specie. [US v. Gardner, GR 1468. Mar. 14, 1904, citing Appleton's Sp. Dict.].
Monetary instrument. Pursuant to the "Anti-Money Laundering Act of 2001” (RA 9160), the term refers to: (a) coins or currency of legal tender of the Philippines, or of any other country; (b) drafts, checks and notes; (c) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute instruments, trading orders, transaction tickets and confirmations of sale or investments and money marked instruments; and (d) other similar instruments where title thereto passes to another by endorsement, assignment or delivery. [Sec. 3, RA 9160]. Monetary interest. Interest for the use of the money (from date of execution to date of payment). [Reins. Co. of the Orient, Inc. v. CA, GR L-61250. June 3, 1991]. Compare with Compensatory interest. Money. Anything customarily used as a medium of exchange and measure of value. [Intl. Law Dict. & Direct., 2004]. Money claims of workers. Money claims referred to in par. 3 of Art. 217 of the Labor Code which embrace those which arise out of or in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
723 connection with the employer-employee relationship, or some aspect or incident of such relationship. Money claims now falling within the original and exclusive jurisdiction of Labor Arbiters which have some reasonable causal connection with the employer-employee relationship. [San Miguel Corp. v. NLRC, GR L-80774. May 31, 1988]. Money market. A market dealing in standardized short-term credit instruments (involving large amounts) where lenders and borrowers do not deal directly with each other but through a middle man or dealer in the open market. [Perez v. CA, 127 SCRA 636 (1984)]. Money shop. An extension service unit of a banking institution usually operating in public markets with authority to accept money for deposit and extend shortterm loans for specific purposes. [Sec. 1, PD 426]. Money supply. All holdings of domestic currency and deposit money with the exception of such holdings by the Government and by banks having checking deposit liabilities in domestic currency. [Sec. 65, RA 265].
Monopolies and combinations in restraint of trade. Crim. Law. The felony committed by: (a) any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; (b) any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize and merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market; (c) any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
724 engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, of any such merchandise or object of commerce manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured, produced, or imported merchandise or object of commerce is used. [Art. 186, RPC]. Monopoly. A privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right or power to carry on a particular business or trade, manufacture a particular article, or control the sale or the whole supply of a particular commodity. It is a form of market structure in which one or only a few firms dominate the total sales of a product or service. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997, citing Black's Law Dict., 6th Ed., p. 1007]. Compare with Combination in restraint of trade. Montes veneris. Plural of mons veneris. That part of the female genitalia where pubic hair grows after the age of 13. [Dela Cruz v.
Concepcion, AM RTJ-931062. Aug. 25, 1994]. Moot. 1. Also called a Moot point. A side issue, problem or question which does not have to be decided to resolve the main issues in a dispute. [Duhaime's Legal Dict., 2004]. 2. A case or a point which is not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision. [Glossary of Legal Terms (Pro-Se), 2004]. Moot and academic. When a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy, or where no practical relief can be granted. [Heirs of Roxas, Inc. v. IAC, GR 67195. May 29, 1989]. Moot court. Fictional or hypothetical trial, usually hosted by law schools, as training for future barristers or litigators. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
725 Mora. Lat. Delay. [Claridades, A., Compilation of Notes, 2001-2006]. Mora accipiendi. Lat. delay on the part of creditor to accept performance of obligation. [Diaz, Bus. Rev., 1991 Ed., p. 6].
The the the the Law
Moral certainty. That degree of proof which produces conviction in an unprejudiced mind. [People v. Garcia, GR 94187. Nov. 4, 1992]. Moral damages. Damages which include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. [Art. 2217, CC]. Moral irreproachability. Character of the highest order — excellent character. [In Re: Po Yo Bi v. Rep., GR 32398. Jan. 27, 1992]. Moral law. Set of rules which establishes what is right and what is wrong as dictated by the human conscience and as inspired by eternal law.
[Suarez, Stat. Con., (1993), p. 37]. Morals. It is good customs; those generally accepted principles of morality which have received some kind of social and practical confirmation. [Cui v. Arellano Univ., GR L-15127. May 30, 1961, citing Manresa]. Moral turpitude. 1. Any act done contrary to justice, honesty, modesty or good morals. Some of the particular crimes which have been held to involve moral turpitude are adultery, concubinage, rape, arson, evasion of income tax, barratry, bigamy, blackmail, bribery, criminal conspiracy to smuggle opium, dueling, embezzlement, extortion, forgery, libel, making fraudulent proof of loss on insurance contract, murder, mutilation of public records, fabrication of evidence, offenses against pension laws, perjury, seduction under promise of marriage, estafa, falsification of public document, estafa thru falsification of public document. [Zari v. Flores, AM (2170-MC) P-1356. Nov. 21, 1979]. 2. An act of baseness, vileness, depravity in the private and social duties which a man owes his fellow man, or to society in general, contrary to the accepted and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
726 customary rule of right and duty between man and man, or conduct contrary to justice, honesty, modesty and good morals. [Tak Ng v. Rep., 106 Phil. 727 (1959)]. Mora solvendi. Lat. The delay on the part of the debtor to fulfill his obligation (to give or to do). [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Mora solvendi ex re. Lat. The delay in giving or delivering a thing. [Torres, Oblig. & Cont., 2000 Ed., p. 36]. Mora solvendi ex persona. Lat. The delay in obligations to do or perform personal service. [Torres, Oblig. & Cont., 2000 Ed., p. 36]. Moratorium. The temporary suspension of legal action against a person. [Duhaime's Legal Dict., 2004]. Moratory interest. Interest arising from breach of contract or tort for the unlawful detention of money already due. [Moreno’s Law Dict., 2000 Ed., p. 299]. Moron lamps. Self improvised lamps, where a bottle, such as that of a San Miguel beer bottle, is filled with kerosene with a cloth serving as a wick. [People v. Urquia, Jr., GR 94787. Nov. 19, 1991].
Mors omnia solvi. Lat. Ddeath dissolves all things. [People v. Satorre, GR L26282. Aug. 27, 1976]. Mortgage. 1. A real contract whereby one person (called the mortgagor) offers his real property as security for the principal obligation and with the understanding that when the obligation is paid or fulfilled, the mortgage or encumbrance on the said property shall be cancelled and released. [Suarez, Intro. to Law, 1995 3rd Ed., p. 122]. 2. An interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed. [Duhaime's Legal Dict., 2004]. Compare with Pledge. Mortgage bonds. Corp. Law. Bonds secured by a mortgage on specific corporate property. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Mortgagee. The person lending the money and receiving the mortgage. [Claridades, A., Compilation of Notes, 2001-2006]. Mortgagee in possession. One who has lawfully acquired actual or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
727 constructive possession of the premises mortgaged to him, standing upon his rights as mortgagee and not claiming under another title, for the purpose of enforcing his security upon such property or making its income help to pay his debt. [Diaz v. De Mendezona, 48 Phil. 666, 669]. Mortgagor. The person who concedes a mortgage as security upon his property. [Claridades, A., Compilation of Notes, 2001-2006]. Most-favored-nation clause or treatment. Intl. Law. 1. That granted by one country to another not less favorable than that which has been or may be granted to the most favored among the countries. [Sandoval, Pol. Law Reviewer 2003]. 2. It is intended to establish the principle of equality of international treatment by providing that the citizens or subjects of the contracting nations may enjoy the privileges accorded by either party to those of the most favored nation. [Comm. of Internal Revenue v. SC Johnson and Son, 309 SCRA 87, June 25, 1999]. Most guilty. Crim. Law. The highest degree of culpability in terms of participation in the commission of the offense, and not necessarily
the severity of the penalty imposed. [People v. Ocimar, GR 94555. Aug. 17, 1992]. Most significant relationship doctrine. Intl. Law. Doctrine that courts should apply the law of the state that has the closest and most real connection with the dispute. [Intl. Law Dict. & Direct., 2004]. See also Center of gravity doctrine. Motel. A roadside hotel for motorists, usually consisting of private cabins. [Sec. 63, PD 856]. Compare with Hotel. Mother's milk. The breastmilk from the newborn's own mother. [Sec. 3, RA 7600]. Motion. Rem. Law. 1. An application for relief other than by a pleading. It must be in writing except those made in open court or in the course of a hearing or trial. A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by the Rules of Court or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. [Sec. 1-3, Rule 15, RoC]. 2. An application made to a court or judge which requests a ruling or order in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
728 favor of the applicant. [Glossary of Legal Terms (Pro-Se), 2004]. Motion day. Rem. Law. Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or if Friday is a non-working day, in the afternoon of the next working day. [Sec. 7, Rule 15, RoC]. Motion ex parte. Rem. Law. A motion made to the court in behalf of one or the other of the parties to the action, in the absence and usually without the knowledge of the other party or parties. [Claridades, A., Compilation of Notes, 2001-2006]. Motion for new trial. Rem. Law. Requisites: (a) That the evidence was discovered after the trial; (b) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; and (c) that it is material, not merely corroborative or impeaching; and of such weight that it could probably change the judgment if admitted. [People v. de la Cruz, 207 SCRA 632, 641 (1992); People v. Ducay, 225 SCRA 1, 18 [1993]; People v. David, 230 SCRA 541, 547 (1994)].
Motion for reconsideration. Rem. Law. A motion which is in the category of a litigated motion which requires a notice of hearing and proof of service. A remedy which an aggrived party may resort in law to point out defects or errors in decision. [Moreno’s Law Dict., 2000 Ed., p. 300]. Motion in limine. Rem. Law. A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case. [Glossary of Legal Terms (Pro-Se), 2004]. Motion of course. Rem. Law. A motion where the movant is entitled to relief or remedy sought as a matter of discretion on the part of the court. [Claridades, A., Compilation of Notes, 20012006]. Motion picture. A series of pictures projected in a screen in rapid succession, with objects shown in successive positions slightly changed so as to produce the optical effect of a continuous picture in which the objects move, whether the picture be black and white or colored, silent or with accompanying sound, on whatever medium and with whatever mechanism or equipment they are projected, and in whatever
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
729 material they are preserved or recorded for instant projection, for the purpose of PD 1986, the material in which the motion picture is contained, preserved, or recorded, forms an integral part of the motion picture subject of PD 1986. [Sec. 10, PD 1986]. Motion to dismiss. Rem. Law. A motion which is generally interposed before trial to attack the action on the basis of insufficiency of the pleading, of process, venue, joinder, etc. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 526]. Motion to dismiss. Rem. Law. Grounds. Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds: (a) That the court has no jurisdiction over the person of the defending party; (b) that the court has no jurisdiction over the subject matter of the claim; (c) that venue is improperly laid; (d) That the plaintiff has no legal capacity to sue; (e) that there is another action pending between the same parties for the same cause; (f) that the cause of action is barred by a prior judgment or by the statute of limitations; (g) that the pleading asserting the claim
states no cause of action; (h) that the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished; (i) that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds; and (j) that a condition precedent for filing the claim has not been complied with. [Sec. 1, Rule 16, RoC]. Motion to quash. Rem. Law. A motion in writing signed by the accused or his counsel specifying distinctly its factual and legal grounds and the court shall consider no grounds other than those stated in the motion, except lack of jurisdiction over the offense charged. [Sec. 2, Rule 117, RoC]. Motion to quash. Rem. Law. Grounds. The accused may move to quash the complaint or information on any of the following grounds: (a) that the facts charged do not constitute an offense; (b) that the court trying the case has no jurisdiction over the offense charged (c) that the court trying the case has no jurisdiction over the person of the accused; (d) that the officer who has filed the information had no authority to do so; (e) that it does not conform
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
730 substantially to the prescribed form; (f) that more than one offense is charged except when a single punishment for various offenses is prescribed by law; (g) that the criminal action or liability has been extinguished; (h) that it contains averments which, if true, would constitute a legal excuse or justification; and (i) that the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent. [Sec. 3, Rule 117, RoC]. Motion to reopen. Rem. Law. A motion which may properly be presented only after either or both parties have formally offered, and closed their evidence, but before judgment. Unlike a motion for new trial, it is not specifically mentioned and prescribed as a remedy by the Rules of Court. [Alegre v. Reyes, GR L-56923. May 9, 1988]. Motive. Crim. Law. 1. The special or personal reason which may prompt or induce a person to perform the act constituting a crime. [Bagajo v. Marave, GR L-33345. Nov. 20, 1978, citing Padilla, Crim. Law, Rev. Penal Code, Annotated, 9th Ed., 1964, p. 41]. 2. The moving power
which impels one to act for a definite result, as distinguished from intent which is the purpose to use a particular means to effect such result. [Bagajo v. Marave, GR L-33345. Nov. 20, 1978, citing People v. Molineux, 168 N.Y. 264, 297; 61 N.E. 286, 296; 62 L.RA 193]. Motorist. The driver of a motor vehicle. [Sec. 3, RA 8750]. Motor vehicle. 1. Both private and public motor vehicle. The term shall not include the tricycle and motorcycle. [Sec. 3, RA 8750]. 2. Any vehicle propelled by any power other than muscular power using the public roads, but excluding road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public roads, vehicles which run only on rails or tracks, and tractors, trailers, and traction engines of all kinds used exclusively for agricultural purposes. [Sec. 131, RA 7160]. 3. Any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
731 graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating. [Sec. 2, RA 6539]. Motor vehicle of running engine. A vehicle operating and standing on any road or thoroughfare with engine running. [Sec. 3, RA 8750]. MOU. Memorandum Understanding.
of
Movable property. 1. The following things are deemed to be personal property: (a) Those movables susceptible of appropriation which are not included in the Art. 415 of the Civil Code; (b) real property which by any special provision of law is considered as personal property; (c) forces of nature which are brought under control by science; and (d) in general, all things which can be transported from place to place without impairment of the real property to which they are fixed. 2. The following are also considered
as personal property: (a) Obligations and actions which have for their object movables or demandable sums; and (b) shares of stock of agricultural, commercial and industrial entities, although they may have real estate. [Arts. 416 & 417, CC]. Move in the premises resolution. It is not a license to occupy or enter the premises subject of litigation especially in cases involving real property. The resolution simply means what is stated therein: the parties are obliged to inform the court of developments pertinent to the case which may be of help to the court in its immediate disposition. [Oliveras v. Lopez, GR L29727. Dec. 14, 1988]. Moving boundaries rule. Intl. Law. Legal rule that the treaties of a state absorbing new territory become effective within that territory. [Intl. Law Dict. & Direct., 2004]. MTC. Municipal Trial Court. MTCC. Municipal Trial Court in Cities. Mt. Pinatubo Assistance, Resettlement and Development Fund. RA 7637 entitled “An Act appropriating the sum of ten
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
732 billion pesos for the aid, relief, resettlement, rehabilitation and livelihood services as well as infrastructure support for the victims of the eruption of Mt. Pinatubo, creating the Mt. Pinatubo Assistance, Resettlement and Development Commission, and for other purposes” enacted on Sep. 24, 1992. Multi-family dwelling. A dwelling on one lot containing separate living units for 3 or more families, usually provided with common access, services, and use of land. [Sec. 3, BP 220]. Multilateral treaty. Treaty between more than two states. [Intl. Law Dict. & Direct., 2004]. Multinational company. A foreign firm or entity engaged in international trade with affiliates or subsidiaries or branch offices in the Asia-Pacific Region and other foreign markets. [Sec. 25, NIRC, as amended]. Multinational enterprise. Business firm operating branches, subsidiaries, or joint ventures in two or more states. [Intl. Law Dict. & Direct., 2004]. Multiple appeals. Appeals in special proceedings where a
number of appeals may be taken separately by different parties for different purposes. [Bench Book for Trial Court Judges, p. 3-4]. Multiple nationality. Intl. Law. The possession by an individual of more than one nationality. It is acquired as a result of the concurrent application to him of the conflicting municipal laws of two or more states claiming him as their national. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 102-103]. Multiple-use. The harmonized utilization of the numerous beneficial uses of the land, soil, water, wildlife, recreation value, grass and timber of forest lands. [Sec. 3, PD 705]. Multipurpose cooperative. One which combines two (2) or more of the business activities of these different types of cooperatives. [Art. 23, RA 6938]. Multi-recidivism. See Habitual delinquency. Multi-recidivist. Habitual delinquent.
See
Mumble. To utter words in a low, confused, indistinct manner. [Moreno’s Law Dict., 2000 Ed., pp. 301302].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
733 Municipal certificate of canvass of votes. A document containing the total votes in words and in figures obtained by each candidate in a municipality. [Sec. 2, RA 8046]. Municipal corporations. See Local government units. Municipal fisherfolk. Persons who are directly or indirectly engaged in municipal fishing and other related fishing activities. [Sec. 4, RA 8550]. Municipal fishing or smallscale fishing. 1. Fishing within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of fishing vessels. [Sec. 4, RA 8550]. 2. Small scale fishing utilizing fishing boats of three gross tons or less or using gears not requiring the use of boats. [Sec. 3, PD 704; Sec. 3, PD 43]. Municipal ordinance. Ordinance.
See
Municipal Telephone Act of 1989. RA 6849 entitled “An Act providing for the installation, operation, and maintenance of public telephones in each and every municipality in the philippines, appropriating funds therefor and for other
purposes” enacted on Feb. 8, 1990. Municipal Trial Courts. The term, as used in the Rules of Court, shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts. [Sec. 2, Rule 5]. Municipal waters. These include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under RA 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from opposite shore of the respective municipalities. [Sec. 4, RA 8550; Sec. 3, PD 704].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
734 Murder. Crim. Law. 1. The felony committed by any person who, not falling within the provisions of Art. 246, shall kill another, with any of the following attendant circumstances: (a) with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity; (b) in consideration of a price, reward, or promise; (c) by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; (d) on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity; (e) With evident premeditation; (f) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. [Art. 248, RPC]. 2. The felony committed by a person who kills another in consideration of a price, reward, or
promise. [People v. Alincastre, 40 SCRA 391, 408, Aug. 30, 1971, citing US v. Maharaja Alim, 38 Phil. 1 (1918)]. Murder. Elements: (a) That a person was killed; (b) that the accused killed him; (c) that the killing was attended by any of the qualifying circumstances mentioned in Art. 248 of the Rev. Penal Code; and (d) the killing is not parricide or infanticide. [People v. Cabiles, GR 115216. July 5, 1996, citing Reyes, The Rev. Penal Code, 13th Ed., p. 424]. Muro-ami or drive-in-net. A Japanese fishing gear used in reef fishing which consists of a movable bagnet and two detachable wings effecting the capture of fish by spreading the net in an arc form around reefs or shoals and with the aid of scaring devices, a cordon of fishermen drive the fish from the reefs toward the bag portion of the whole net. [82 OG 48, 5052 Dec. 1, 1986; Fisheries Admin. Order No. 163, S. 1986]. Musical instrument. A contrivance by which musical sounds are produced. [Lazatin v. Comm. of Customs, GR L-19753. July 30, 1969, citing Webster's New Int'l. Dict., p. 1288].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
735 Muslim. A person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam. [Art. 7, PD 1083]. Muslim law (Shari'a). All the ordinances and regulations governing Muslims as found principally in the Qur'an and the Hadith. [Art. 7, PD 1083]. Muslim personal laws. All laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations between spouses as provided for in the Code of Muslim Personal Laws of the Philippines. [Art. 7, PD 1083]. Must. A word the use of which is imperative and operates to impose a duty which may be enforced. [Claridades, A., Compilation of Notes, 2001-2006]. Mutatis mutandis. Lat. For the same reasons. [US v. Ponte, GR 5952. Oct. 24, 1911]. Mutilation. Crim. Law. 1. The felony committed by any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. [Art. 262, RPC]. 2. Cutting off or
permanently destroying a limb or an essential part thereof. [People v. Borce, GR 124131. Apr. 22, 1998, citing Webster's 3rd New Intl. Dict.]. 3. In its criminal law concept, one that would deprive a person of the use of any of those limbs which may be useful to him in fight, the loss of which amounts to mayhem. [People v. Borce, GR 124131. Apr. 22, 1998, citing Black's Law Dict., 6th Ed., p. 1020]. Mutilation of coins; importation and utterance of mutilated coins. Crim. Law. The felony committed by any person who shall mutilate coins of the legal currency of the Philippines or import or utter mutilated current coins, or in connivance with mutilators or importers. [Art. 164, RPC]. Mutiny. Unlawful resistance to a superior officer, as the raising of commotions and disturbances on board a ship against the authority of its commander. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 372, citing Bouvier’s Law Dict.]. Compare with Piracy. Mutual assent. A meeting of the minds; agreement. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
736 Mutual benefit association. Ins. Any society, association or corporation, without capital stock, formed or organized not for profit but mainly for the purpose of paying sick benefits to members, or of furnishing financial support to members while out of employment, or of paying to relatives of deceased members of fixed or any sum of money, irrespective of whether such aim or purpose is carried out by means of fixed dues or assessments collected regularly from the members, or of providing, by the issuance of certificates of insurance, payment of its members of accident or life insurance benefits out of such fixed and regular dues or assessments, but in no case shall include any society, association, or corporation with such mutual benefit features and which shall be carried out purely from voluntary contributions collected not regularly and or no fixed amount from whomsoever may contribute. [Sec. 390, IC]. Mutual fund. An investment company that raises money by selling its own stock to the public and investing the proceeds in other securities, with the value of its stock fluctuating with its experience with the
securities in its portfolio. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 531]. Mutuality of contracts. 1. The principle ordained in Art. 1308 of the Civil Code that the contract must bind both contracting parties and that its validity or compliance cannot be left to the will of one of them. 2. In order that obligations arising from contracts may have the force of law between the parties, there must be mutuality between the parties based on their essential equality. A contract containing a condition which makes its fulfillment dependent exclusively upon the uncontrolled will of one of the contracting parties, is void [Garcia v. Legarda, 21 SCRA 555]. Mutual wills. Wills executed pursuant to an agreement between two or more persons to dispose of their property in a particular manner, each in consideration of the other. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 104, citing 57 Am. Jur. Sec. 681, p. 459]. Mutuum. Also Simple loan. A contract of loan whereby one of the parties delivers to another money or other consumable thing, upon the condition that the same
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
737 amount of the same kind and quality shall be paid. [Art. 1933, CC]. Compare with Commodatum. Myocardial. Pertaining to muscular tissue of the heart. [Pa-ac v. Itogon-Suyoc Mines, GR L-35800. July 23, 1987]. Myocardial infarct. A region of dead or dying tissue in the muscle of the heart which is the result of an obstruction to the blood circulation, usually by a clot. [Pa-ac v. Itogon-Suyoc Mines, GR L35800. July 23, 1987, citing Schmitt, Atty.’s Dict. of Med. and Word Finder, (1965), p. 531].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
738 Rejano, GR 105669-70. Oct. 18, 1994]. Namumuwisan. Tag. Lessee. [Claridades, A., Compilation of Notes, 2001-2006].
-NNagpapabuwis. Tag. Lessor. [Claridades, A., Compilation of Notes, 2001-2006]. Namamaga. Tag. Swollen. [People v. Ruello, GR 104737-38. Oct. 26, 1994]. Name. That word or combination of words by which a person is distinguished from others and which he bears as the label or appellation for the convenience of the world at large in addressing him, or in speaking of or dealing with him. [Yu v. Rep., GR L20874. May 25, 1966, citing 38 Am. Jur. 595]. Name hire. A worker who is able to secure employment overseas on his own without the assistance or participation of any agency or entity. [Sec. 1, Rule 1, IRR of LC]. Namimintol. Tag. Catching “talangka” (small crabs) [using “bintols” (bambooand-net devices)]. [People v.
Narcissism. Legal Med. Extreme admiration of one’s self. Sexual gratification attained by merely looking at the mirror and appreciating one’s own self. [Olarte, Legal Med., 1st Ed. (2004), p. 117]. Narcotic drug. 1. Any drug which produces insensibility, stupor, melancholy or dullness of mind with delusions and which may be habit-forming, and shall include opium, opium derivatives and synthetic opiates. [Sec. 2, RA 6425]. 2. A drug that produces a condition of insensibility and melancholy dullness of mind with delusions and may be habit-forming. [Art. 190, RPC]. Narration of facts. A recital of things accomplished, of deeds, occurrence or happening. [People v. Tugbang, GR 76212. Apr. 26, 1991]. Nation. A group or race of people that share history, traditions and culture. States may be comprised of one or several nations. It is common English to use the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
739 word Nation when referring to what is known in law as States. [Duhaime's Legal Dict., 2004]. National anthem. The musical arrangement and composition of Julian Felipe adopted as the national anthem of the Philippines. It shall be sung or played upon the opening or start of all state celebrations or gatherings and on such other occasions as may be prescribed by appropriate rules and regulations. [Sec. 13, EO 292]. National Apprenticeship Act. RA 1826, as amended. [Expressly repealed by the Labor Code]. National athletes. Athletes who are Filipino citizens, members of the national training pool, recognized and accredited by the Philippine Olympic Committee (POC) and the Philippine Sports Commission (PSC) and who have represented the country in international competitions. [Sec. 3, RA 9064]. National Blood Services Act of 1994. RA 7719 entitled “An Act promoting voluntary blood donation, providing for an adequate supply of safe blood, regulating blood banks, and providing penalties for
violation thereof” enacted on May 5, 1994. National Building Code of the Philippines. PD 1096 entitled “Adopting a National Building Code of the Philippines thereby revising Republic Act Numbered Sixty-Five Hundred Forty One” enacted on Feb. 19, 1977. National Capital Region (NCR). The region that covers the cities of Kalookan, Manila, Pasay, Quezon, Las Piñas, Makati, Malabon, Mandaluyong, Marikina, Muntinlupa, Navotas, Parañaque, Pasig and Valenzuela, and the municipalities of Navotas, Pateros, San Juan and Taguig. [Claridades, A., Compilation of Notes, 20012006]. National coaches and trainers. Coaches and trainers who are Filipino citizens, members of the national coaches and trainers pool, recognized and accredited by the PSC and who have represented the country as official coaches and trainers to national athletes in international competitions. [Sec. 3, RA 9064]. National Commission on Indigenous Peoples (NCIP). The primary
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
740 government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs). [Sec. 4, RA 8371]. National cultural treasure. A unique object found locally, possessing outstanding historical, cultural, artistic and/or scientific value which is highly significant and important to this country and nation. [Sec. 3, RA 4846]. National drug formulary. See Essential drugs list.
for the total electrification of the philippines on an area coverage service basis, the organization, promotion and development of electric cooperatives to attain the said objective, prescribing terms and conditions for their operations, the repeal of Republic Act No. 6038, and for other purposes” signed into law on Aug. 6, 1973. National Employment Service Law. RA 761. [Expressly repealed by the Labor Code]. National flag. The flag of the Philippines which shall be red, white and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. [Sec. 12, EO 292].
National Electrification Administration (NEA). The government agency created under PD 269, as amended, and whose additional mandate is further set forth in RA 9136. [Sec. 4, RA 9136].
National government. The entire machinery of the central government, as distinguished from the different forms of local governments. [Sec. 2, RA 7656].
National Electrification Administration Decree. PD 269 entitled “creating the National Electrification Administration as a corporation, prescribing its powers and activities, appropriating the necessary funds therefor and declaring a national policy objective
National government projects. All current and future national government infrastructure, engineering works and service contracts, including projects undertaken by governmentowned and –controlled corporations, all projects covered by RA 6957, as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
741 amended by RA 7718, otherwise known as the Build-Operate-and-Transfer Law, and other related and necessary activities such as site acquisition, supply and/or installation of equipment and materials, implementation, construction, completion, operation, maintenance, improvement, repair and rehabilitation, regardless of the source of funding. [Sec. 2, RA 8975]. National health insurance program. The compulsory health insurance program of the government as established in RA 7875, as amended, which shall provide universal health insurance coverage and ensure affordable, acceptable, available and accessible health care services for all citizens of the Philippines. [Sec. 1, RA 9241].
(NIPAS). The classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible. [Sec. 4, RA 7586]. National Internal Revenue Code. PD 1158 entitled “A Decree to consolidate and codify all the internal revenue laws of the Philippines” signed into law on June 3, 1977. See Tax Reform Act of 1997. National irrigation system (NIS). A major irrigation system managed by the National Irrigation Administration. [Sec. 4, RA 8435].
National information network (NIN). An information network which links all offices and levels of the DA with various research institutions and local endusers, providing easy access to information and marketing services related to agriculture and fisheries. [Sec. 4, RA 8435].
Nationality. Intl. Law. Membership in a political community with all its concomitant rights and obligations. It is a tie that binds an individual to his state, from which he can claim protection and whose laws he is obliged to obey. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 102]. Compare with Citizenship.
National integrated protected areas systems
Nationality of the claim. Intl. Law. Suits brought in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
742 international tribunals on behalf of a private person may be made only by the person's national state. [Intl. Law Dict. & Direct., 2004]. Nationality principle. Intl. Law. 1. Doctrine that a court has criminal jurisdiction if the defendant is a national of the forum state. 2. Doctrine that a state may tax the worldwide income of its nationals. [Intl. Law Dict. & Direct., 2004]. Nationality Taxation. principle.
principle. Domiciliary
Nationality rule. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. [Art. 15, CC]. Nationality rule. Exception: Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. [Art. 26, par. 2, FC, as amended by EO 227]. Nationality theory. The theory that jurisdiction over
the status of a natural person is determined by the latter's nationality. [Ellis v. Rep., GR L-16922. Apr. 30, 1963]. See Domiciliary theory. Nationalization. The acquisition by a state of property previously held by private persons or companies usually in exchange for some consideration. [Intl. Law Dict. & Direct., 2004]. Nationalization law. Also Filipinization law. One which limits a certain economic activity, or the exercise or enjoyment of a certain right, franchise, privilege, property or business only to Filipino citizens, or to corporations or associations at least a certain percentage of the capital of which is owned by Filipino citizens. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 543]. National park. 1. A forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
743 historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas. [Sec. 4, RA 7586]. 2. A forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations. [Sec. 3, PD 705]. National party. A party the constituency of which is spread over the geographical territory of at least a majority of the regions. [Sec. 3, RA 7941]. National patrimony. The term refers not only to the natural resources of the Philippines, as the Constitution could have very well used the term natural resources, but also to the cultural heritage of the Filipinos. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. See Patrimony. National Corporation government
Power (NPC). The corporation
created under RA 6395, as amended. [Sec. 4, RA 9136]. National reserve areas. Areas which have been included in any Exploration or Exploitation concession but which have been subsequently given up by the concessionaire voluntarily or in accordance with the requirement of Arts. 50 and 53 of RA 387; or areas covered by Exploration or Exploitation concession which have expired or have been cancelled; or areas which have been included within any of the two kinds of concession but which are found to be in excess the maximum areas allowed by RA 387 for such concessions. [Art. 15, RA 387]. National service training program (NSTP). A program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethics of service and patriotism while undergoing training in any of its three (3) program components. Its various components are specially designed to enhance the youth's active contribution to the general welfare. [Sec. 3, RA 9163]. National standard of care. Intl. Law. Doctrine that a state must treat aliens in the same way that it treats its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
744 own nationals. [Intl. Dict. & Direct., 2004].
Law
National territory. It comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. [Art. I, 1987 Phil. Const.]. National Transmission Corporation (TRANSCO). The corporation organized to acquire all the transmission assets of the NPC pursuant to RA 9136. National treatment. A tenet of international trade agreements whereby nations must afford imported goods the same treatment that they afford domestic or "national" products (no discrimination). [LawInfo Legal Dictionary (2005)]. National union federation. Any
or labor
organization with at least ten (10) locals or chapters each of which must be a duly recognized collective bargaining agent. [Sec. 1, Rule 1, Book 5, IRR of LC]. Native-born citizen. One who was born in a country in which he is a citizen. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 252]. Native title. Pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest. [Sec. 4, RA 8371]. Natural appropriation. The occurrence whereby private lands have been invaded by the waters or waves of the sea and converted into portions of the shore or beach. [Moreno’s Law Dict., 2000 Ed., p. 305]. Natural bed or basin of lakes. The ground covered by their waters when at their highest ordinary depth. [Rep. v. Alagad, GR 66807. Jan. 26, 1989, citing Spanish Law of Waters (1866)]
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
745 Natural bed. Also Channel (of a creek or river). The ground covered by its waters during the highest (ordinary) floods. The original Spanish text reads: "Alveo a cauce natural de un arroyo y rio es el terreno que cubren sus aguas en las mayores crecidas ordinarias." [Hilario v. City of Manila, GR L19570. Apr. 27, 1967]. Natural biotic area. An area set aside to allow the way of life of societies living in harmony with the environment to adopt to modern technology at their pace. [Sec. 4, RA 7586]. Natural-born citizens. Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. [Sec. 2, Art. IV, 1987 Phil. Const.]. Natural children. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other. [Claridades, A., Compilation of Notes, 20012006]. Compare with Spurious children. Natural children by legal fiction. Children conceived or born of marriages which
are void from the beginning. [Claridades, A., Compilation of Notes, 2001-2006]. Natural fruits. The spontaneous products of the soil, and the young and other products of animals. [Art. 442, CC]. Natural gas. Gas obtained from boreholes and wells and consisting primarily of hydrocarbons. [Sec. 3, PD 87]. Natural history specimens. Live or preserved specimens of plants and animals, fossils, rocks and minerals. Only types, presently irreplaceable specimens, and those in danger of extinction shall be embraced in RA 4846. [Sec. 3, RA 4846]. Naturalism. Theory that international law is superior to the law of individual states and normative. [Intl. Law Dict. & Direct., 2004]. Naturalization. Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship. [Glossary of Legal Terms (Pro-Se), 2004]. Naturalized citizen. One who acquires his Philippine citizenship after birth by any one of the modes allowed by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
746 law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 376]. Natural justice. A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were natural or self-evident and did not require a statutory basis. [Duhaime's Legal Dict., 2004]. Natural law. The law which derives its force and authority from God. It is superior to other laws. It is binding to the whole world, in all countries and at all times. [Suarez, Stat. Con., (1993), p. 37]. Natural monument. A relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics. [Sec. 4, RA 7586]. Natural obligations. Obligations which, not being based on positive law but on equity and natural law, do not grant a right of action to
enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. [Art. 1423, CC]. Compare with Civil obligations. Natural oleochemical. Chemicals derived from processing plant-based natural oils such as but not limited to coconut, palm, palm kernel, sunflower, and rapeseed. [Sec. 2, RA 8970]. Natural park. A relatively large area not materially altered by human activity where extractive resources uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use. [Sec. 4, RA 7586]. Natural person. A human being. [Intl. Law Dict. & Direct., 2004]. Natural product. Those foods that grow spontaneously in nature whether or not they are tended by man. It also refers to foods that have been prepared from grains, vegetables, fruits, nuts, meats, fish, eggs, honey, raw milk, and the like,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
747 without the use or addition of additives, preservatives, artificial colors and flavors, or manufactured chemicals of any sort after harvest or slaughter. [Sec. 4, RA 8423]. Natural resources. Lifesupport systems such as the sea, coral reefs, soil, lakes, rivers, streams, and forests as well as useful products found therein such as minerals, wildlife, trees and other plants, including the aesthetic attributes of scenic sites that are not man-made. [Sec. 3, RA 7611]. Natural support. Support which extends only to what are absolutely necessary for subsistence. [Moreno’s Law Dict., 2000 Ed., pp. 306307]. Nautical mile. A unit of linear measure equal to 6,080 feet (1,853.2 meters). [Moreno’s Law Dict., 2000 Ed., p. 306]. Naval architecture and marine engineering, practice of. The practice shall embrace services in the form of plans, specifications, estimates, or supervision of the construction, alteration; or structural survey of any floating vessel or equipment, self-propelled or otherwise; plans or layouts, specifications, estimates or supervision of the installation of marine power
plants and associated equipments including screw propeller, paddle wheel and Voith-Schneider propeller, or any other means of transmitting power from the main propulsion engine (s) to the buoyant fluid; marine auxiliaries, including refrigeration, air conditioning, ventilation, and heating plants and equipments and hull machineries; management, maintenance or operation of any shipyard, graving dock, marine slipways, and any facility for the salvage, repair or maintenance of floating vessels or equipments. [Sec. 2, RA 4565]. Navigable air space. Air space above the minimum altitudes of flight prescribed by regulations issued under RA 776. [Sec. 3, RA 776]. Navigable river. A river that is floatable, that is, a river admitting floats. And, thus a floatable stream is considered a navigable stream. [Macatangay v. Sec. of Public Works and Comm., GR L-21673. May 16, 1966, citing 64 CJS 50]. It has been ruled that a river with a depth of 1 foot at low tide is evidently navigable at high tide for vessels of deeper draft of 1 foot and at low tide for navigable to those of 1 foot drafts, thereby applying
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
748 floatability as the norm of navigability under RA 2056 [Villongco v. Moreno, L17240, Jan. 31, 1962]. Navigable waters. 1. The waters of the Philippines, including the territorial sea and inland waters which are presently, or be in the future susceptible for use by watercraft. [Sec. 3, PD 979]. 2. All navigable portions of the seas, estuaries, and inland waterways. [Sec. 3, PD 857]. Navigation of aircraft or navigating aircraft. Piloting of aircraft. [Sec. 3, RA 776]. Near contact fire. The phrase implies a distance of not more than three inches between the wound and the muzzle of the firearm. [Austria v. People, GR 83530. Dec. 18, 1990]. Compare with Contact fire. Nearest of kin. The person whose interest in the estate is more preponderant. [Moreno’s Law Dict., 2000 Ed., p. 306]. Necessaries. Those indispensable for sustenance, dwelling, clothing and medical attendance. It also includes education. [Torres, Oblig. & Cont., 2000 Ed., p. 352].
Necessary. 1. Reasonably convenient. [Alabama & Ry. Co. v. Odeneal, 73 Miss. 34, 19 South, 202]. 2. This word has great flexibility of meaning. It is used to express mere convenience, or that which is indispensable to the accomplishment of a purpose. [St. Louis, J & CR. Co. v. Trustee, 42 III. 307]. 3. It frequently imports no more than that one thing is convenient, or useful or essential to another, [McCulloch v. Maryland, 4 Wheat (US) 414, 4 L. Ed. 579]. Necessary deposit. Civ. Law. A deposit (a) made in compliance with a legal obligation; or (b) which takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck, or other similar events. [Art. 1996, CC]. Compare with Voluntary deposit. Necessary expenses. 1. Civ. Law. Those made for the preservation of the property or thing upon which they have been expended. [Santos v. De Guzman, GR L11406. Apr. 26, 1961]. Compare with Useful expenses. 2. Taxation. The expenditures appropriate and helpful in the development of the taxpayers business. [Atlas Consolidated Mining & Devt.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
749 Corp. v. Comm. of Int. Rev., GR L-26911. Jan. 27, 1981, citing Martens, Law of Federal, Income Taxation, Vol. IV, p. 315]. Compare with Ordinary expenses. Necessary implication doctrine. Stat. Con. A rule of statutory construction which provides that every statute is understood, by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms. [Chua v. CSC, GR 88979, Feb. 7, 1992, 206 SCRA 65, and cited cases therein]. Necessary means. The phrase merely signifies that one crime is committed to facilitate and insure the commission of the other. [Aquino, Rev. Penal Code, Vol. I, 1987 Ed., p. 624, citing Dissent, Montemayor, J., Amado Hernandez, 99 Phil. 515]. Necessary parties. Those whose presence is necessary to adjudicate the whole controversy, but whose interests are so far separable that a final decree
can be made in their absence without affecting them. [Seno v. Mangubat, GR L-44339. Dec. 2, 1987]. Necessary party. A party who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. [Sec. 8, Rule 3, RoC]. Compare with Indispensable party. Necessity theory. The theory that the power to tax is an attribute of sovereignty. It is a power emanating from necessity. It is a necessary burden to preserve the State's sovereignty and a means to give the citizenry an army to resist an aggression, a navy to defend its shores from invasion, a corps of civil servants to serve, public improvements designed for the enjoyment of the citizenry and those which come within the State's territory, and facilities and protection which a government is supposed to provide. [Phil. Guaranty Co. v. Comm. of Int. Rev., GR L22074. Apr. 30, 1965]. Necrophilia. Legal Med. A sexual perversion characterized by erotic desire or coitus with a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
750 cadaver. [Olarte, Legal Med., 1st Ed. (2004), p. 114]. Negative defense. The specific denial of the material fact or facts alleged in the complaint, essential to the plaintiff's cause or causes of action. [Sec. 5, Rule 6, RoC]. Compare with Affirmative defense. Negative easement. An easement which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. [Art. 616, CC]. Compare with Positive easement. Negative evidence. Evidence where the witness states that he did not see or know the occurrence of a fact. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 4]. Compare with Positive evidence. Negative freedom of association. Labor. The right not to join a labor union. [Poquiz, Labor Rel. Law, 1999 Ed. p. 101]. Negative pregnant. A denial pregnant with the admission of the substantial facts in the pleading responded to which are not squarely denied. It is in effect an admission of the averment it is directed to. [61A Am. Jur. 2d, Pleadings 172-173; Galofa v. Nee Bon
Sing, 22 SCRA 48 (1968); Tamayo v. Callejo, 46 SCRA 27 (1972)]. Negative testimony. It is when the witness says that he did not see or know of the factual occurrence. [Tanala v. NLRC, GR 116588. Jan. 24, 1996]. Compare with Positive testimony. Neglect. 1. The failure to do what can be done and what is required to be done. [Coronado v. Sandiganbayan, GR 94955. Aug. 18, 1993, citing West's Legal Thesaurus/Dict., 1986]. 2. Careless or unintentional failure to exercise diligence in the performance of official duty and including willful neglect or misfeasance involving failure in the performance of legal duties. [Manual on Definitions of Admin. Offenses in the Civil Service, Oct. 2004, p. 5, citing Words & Phrases, Vol. 27 (1955)]. Neglected child. A child whose basic needs have been deliberately unattended or inadequately attended. [Art. 141, PD 603]. Compare with Abandoned child and Dependent child. Neglect of duty. Also Nonfeasance. 1. The omission or refusal, without sufficient excuse, to perform an act or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
751 duty, which was the officer's legal obligation to perform. [Sec. 8, PD 971]. 2. Failure to give due attention, especially to the performance of a task or duty, a designed refusal, indifference or unwillingness to perform one’s duty. [Magallanes v. Prov. Board, 66 OG 7839]. Negligence. 1. The omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. [Art. 1173, CC]. 2. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do. [Layugan v. IAC, GR 73998. Nov. 14, 1988]. 3. The failure to observe for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury. th [Cooley on Torts, 4 Ed., vol. 3, 265]. Negligence per se. Conduct defined by statute as automatically constituting
negligence. [Intl. Law Dict. & Direct., 2004]. Negligence test. The test for determining whether a person is negligent in doing an act whereby injury or damage results to the person or property of another is this: Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued. If so, the law imposes a duty on the actor to refrain from that course or to take precaution against its mischievous results, and the failure to do so constitutes negligence. Reasonable foresight of harm, followed by the ignoring of the admonition born of this prevision, is the constitutive fact in negligence. [Picart v. Smith, GR L-12219. Mar. 15, 1918]. Negotiability. That attribute of property whereby a bill or note or check may pass from hand to hand similar to money, so as to give the holder in due course, the right to hold the instrument and to collect the sum payable for himself free from defenses. [Claridades, A., Compilation of Notes, 20012006].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
752 Negotiability. Requisites: An instrument to be negotiable must conform to the following requirements: (a) It must be in writing and signed by the maker or drawer; (b) must contain an unconditional promise or order to pay a sum certain in money; (c) must be payable on demand, or at a fixed or determinable future time; (d) must be payable to order or to bearer; and (e) where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. [Sec. 1, NIL]. Negotiability, words of. Nego. Inst. The words which the instrument in must contain in order to be considered negotiable — i.e., must be payable to 'order' or 'bearer.' [Salas v. CA, GR 76788. Jan. 22, 1990]. Negotiable document of title. A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person named in such document. [Art. 1507, CC]. Negotiable instrument. 1. A written contract for the payment of money which by its form and on its face is intended as a substitute for money and passes from hand to hand as money, so
as to give the holder in due course the right to hold the instrument and collect the sum for himself. [Suggested answer to Bar 1946; 1949, cited in Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 63]. 2. A written document which, when properly executed and delivered, can be used as a means of exchange and credit in place of money. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. Negotiable instrument. Requisites: (a) It must be in writing and signed by the maker or drawer; (b) must contain an unconditional promise or order to pay a sum certain in money; (c) must be payable on demand, or at a fixed or determinable future time; (d) must be payable to order or to bearer; and (e) where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. [Sec. 1, NIL]. Negotiable Instruments Law. Act 2031 which took effect on June 2, 1911, and is patterned after the US Uniform Negotiable Instruments Law, which in turn is copied from the English Bill of Exchange Act of 1882. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 63]
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
753 Negotiable note. A chose in action, or evidence of the right of the real owner. [Moreno’s Law Dict., 2000 Ed., p. 308]. Negotiable receipt. A receipt in which it is stated that the goods received will be delivered to the bearer or to the order of any person named in such receipt. [Sec. 5, Act 2137]. See Nonnegotiable receipt. Negotiate. To communicate on a matter of disagreement between two parties, with a view to first listen to the other party's perspective and to then attempt to arrive at a resolution by consensus. [Duhaime's Legal Dict., 2004]. Negotiated purchase. The procurement of supplies without public bidding undertaken for the purpose. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Negotiated sale. A sale without public bidding undertaken for the purpose. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Negotiating bank. A correspondent bank which buys or discounts a draft under the letter of credit. Its liability is dependent upon the stage of the negotiation.
If before negotiation, it has no liability with respect to the seller but after negotiation, a contractual relationship will then prevail between the negotiating bank and the seller. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991, citing Scanlon v. First National Bank of Mexico, 162 N.E. 567 (l928)]. Negotiation. Civ. Law. The period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded (perfected). [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. Compare with Perfection and Consummation. Negotiation. Nego. Inst. 1. The transfer of an instrument from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer, it is negotiated by delivery; if payable to order, it is negotiated by the indorsement of the holder completed by delivery. [Sec. 30, NIL]. 2. The process of submission and consideration of offers until an acceptable offer is made and accepted. [Glossary of Legal Terms (Pro-Se), 2004]. Negotiations. Intl. Law. 1. The first steps taken in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
754 settlement of international disputes. It is nothing more than the discussion by the parties themselves of their respective claims and counterclaims with a view to their just and orderly adjustment. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 120]. 2. The preliminary discussions leading up to the adoption of an agreement. [Intl. Law Dict. & Direct., 2004]. Negotiorum gestio. The voluntary administration of the abandoned business or property belonging to another without the consent of the latter. [Torres, Oblig. & Cont., 2000 Ed., p. 285]. Negotiorum gestio. Requisites: (a) It must refer to definite affairs; (b) the business or property must be abandoned or neglected; (c) there is no express or implied authority from the owner; (d) the negotiorum gestor or officious manager must have been moved by honest intention to protect the interest of the owner; (e) there is no prohibition from the owner; (f) the business or property is susceptible of compiled without mandatum (order). [Torres, Oblig. & Cont., 2000 Ed., p. 286]. Negotiorum gestor. Also Officious manager. The person who assumed the
voluntary administration of the abandoned business or property belonging to another without the consent of the latter. [Torres, Oblig. & Cont., 2000 Ed., p. 285]. Nemo bis punitur pro eodem delicto. Lat. No man is punished twice for the same fault or offense. [Mallari v. People, GR L58886. Dec. 13, 1988]. Nemo contra factum suum venire potest. Lat. No man can contradict his own act or deed. [Moreno’s Law Dict., 2000 Ed., p. 308]. Nemo cum alterius detrimento locupletari potest. Lat. No one shall enrich himself at the expense of another. [Santos v. CA, GR 100963. Apr. 6, 1993]. Nemo dare potest quod non habet. Lat. One cannot give what he never had before. [Vda. De Reyes v. CA, GR 92436. July 26, 1991]. Nemo dat quod non habet. Lat. No one can give what he does not have. [Mercado v. CA, GR 108592. Jan. 26, 1995]. Nemo debet bis puniri pro uno delicto. Lat. No person can be twice put in this peril for the same offense.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
755 [People v. Vergara, GR 101557-58. Apr. 28, 1993]. Nemo debet bis vexari et eadem causa. Lat. No person should be vexed twice for the same cause. [Allied Banking Corp. v. CA, GR 108089. Jan. 10, 1994]. Nemo debet bis vexari pro uno cadeve causa. Lat. No man shall be twice vexed for one and the same cause. [Moreno’s Law Dict., 2000 Ed., p. 309]. Nemo debet esse judex in propria causa. Lat. No one can be a judge in his own cause. [Filipino Metals Corp. v. Ople, GR L-43861. Sep. 4, 1981]. See Nemo judex in parte sua. Nemo ex alterius incommodo debet lecupletari. Lat. No man ought to be made rich out of another's injury. [Security Bank & Trust Co. v. CA, GR 117009. Oct. 11, 1995]. Nemo judex in parte sua. Lat. No person may judge their own case. A fundamental principle of natural justice which states that no person can judge a case in which he is party. [Claridades, A., Compilation of Notes, 2001-2006]. May also be called Nemo judex in sua causa or nemo
debet esse judex propria causa.
in
Nemo judex in sua causa. Lat. Nobody should judge his own cause. [Duhaime's Legal Dict., 2004]. Nemo plus juris ad alium transferre potest quam ipse habet. Lat. No man can transfer to another a right or title greater than he himself possesses. [Moreno’s Law Dict., 2000 Ed., p. 309]. Nemo potest esse simul actor et judex. Lat. No man can be at once a litigant and judge. [Corona v. CA, GR 97356. Sep. 30, 1992]. Nemo potest nisi quod de jure potest. Lat. No man can do anything except what he can do lawfully. [Traders Royal Bank v. CA, GR 93397. Mar. 3, 1997]. Nemo tenetur ad impossibile. Lat. The law obliges no one to perform an impossibility. [Prov. of Cebu v. IAC, GR 72841. Jan. 29, 1987]. Neovascular glaucoma. It is classified as secondary glaucoma caused by another eye disease or injury. [Hatta Hataie v. ECC, GR 92803. Mar. 22, 1991]. Nephritis. An acute, diffuse inflammation of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
756 glomeruli or kidneys. It usually follows previous streptoccocal infection mostly in the upper respiratory tract. [Clemente v. GSIS, GR L-47521. July 31, 1987]. Nepos neptisve. Sp. Grandson or granddaughter. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. Nepotism. The prohibition on all appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him. The word Relative and members of the family referred to are those related within the third degree either or consanguinity or of affinity. [Sec. 59, Book V, EO 292]. Net appraised value. See Sound value. Net assets. The property, plant and equipment as reflected in the audited financial statement of the contractor net of depreciation, as computed for tax purposes, excluding
appraisal increase and construction in progress. [Sec. 3, RA 7942]. Net asset value. The amount of assets exceeding the liabilities as differentiated from total assets which include the liabilities. [Adamson v. CA, GR 106879. May 27, 1994]. Net book value. This is computed by deducting accumulated depreciation on cost from historical cost. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Net capital gain. The excess of the gains from sales or exchanges of capital assets over the losses from such sales or exchanges. [Sec. 39, NIRC, as amended]. Net capital loss. The excess of the losses from sales or exchanges of capital assets over the gains from such sales or exchanges. [Sec. 39, NIRC, as amended]. Net earnings. Income derived from whatever source, whether exempt or subject to tax, net of deductions allowed under Sec. 29 of the National Internal Revenue Code, as amended, and income tax and other taxes paid thereon, but in no case shall any reserve for whatever purpose be allowed as a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
757 deduction from net earnings. [Sec. 2, RA 7656]. Net income. Gross business/professional income less allowable deductions, (a) including personal and additional exemptions, or (b) including only basic personal exemption (when allowed in the case of non-resident aliens engaged in trade or business or the exercise of a profession in the Philippines); or (c) without both personal and additional exemptions (as to such nonresident aliens. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 96]. Compare with Gross income. Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAAD). Agricultural areas identified by the DA through the Bureau of Soils and Water Management in coordination with the National Mapping and Resource Information Authority in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth. The NPAAAD covers all irrigated areas, all irrigable lands already covered by irrigation projects with firm funding commitments; all alluvial plain land highly suitable for
agriculture whether irrigated or not; agro-industrial croplands or lands presently planted to industrial crops that support the viability of existing agricultural infrastructure and agrobased enterprises, highlands, or areas located at an elevation of five hundred (500) meters or above and have the potential for growing semitemperate and high-value crops; all agricultural lands that are ecologically fragile, the conversion of which will result in serious environmental degradation, and mangrove areas and fish sanctuaries. [Sec. 4, RA 8435]. Net worth. The difference between total assets and total liabilities. [Sec. 4, PD 379]. Neutrality. Intl. Law. The status of a State refraining from participation in war. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 620]. New and material evidence. Requisites as a ground for new trial: (a) that the evidence was discovered after the trial; (b) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; and (c) that such evidence is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
758 material, not merely cumulative, corroborative or impeaching, and is of such weight that, if admitted, it will probably change the judgment [People v. de la Cruz, 207 SCRA 632 (1992), citing SCRA Comments on the Rules of Court, Vol. 4, 1980 Ed., 340-341]. Newborn. A child from the time of complete delivery to 30 days old. [Claridades, A., Compilation of Notes, 20012006]. Newborn screening. The process of collecting a few drops of blood from the newborn onto an appropriate collection card and performing biochemical testing for determining if the newborn has a heritable condition. [Sec. 4, RA 9288]. Newborn screening center. A facility equipped with a newborn screening laboratory that complies with the standards established by the National Institute of Health (NIH) and provides all required laboratory tests and recall/follow-up programs for newborns with heritable conditions. [Sec. 4, RA 9288]. Newborn screening reference center. The central facility at the National Institute of Health
(NIH) that defines testing and follow-up protocols, maintains an external laboratory proficiency testing program, oversees the national testing database and case registries, assists in training activities in all aspects of the program, oversees content of educational materials and acts as the Secretariat of the Advisory Committee on Newborn Screening. [Sec. 4, RA 9288]. New cause of action. One materially different from, or in addition to, that first advanced or such as permits a more onerous judgment against defendant that could before have been rendered against him. [Moreno’s Law Dict., 2000 Ed., p. 310]. New drugs. 1. Any drug the composition of which is such that said drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety, efficacy and quality of drugs as safe, efficacious and of good quality for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (b) any drug the composition of which is such that said drug, as a result of its previous investigations to determine its safety, efficacy and good quality for use
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
759 under certain conditions, has become so recognized but which has not, otherwise than in such investigations, been used to a material extent or for a material time under new conditions. [Art. 4, RA 7394]. New fees or charges. Those which are imposed by new schools or by existing schools which are not included in their public bulletin or catalogue. [Sec. 1, Rule II, PD 451]. New industry participants. New participants in a particular sub-sector of the downstream oil industry with investments and initial business operations commencing after Jan. 1, 1994. [Sec. 4, RA 8479].
reasonable diligence; and, (c) the evidence is material and not merely corroborative, cumulative or impeaching and is of such weight that if admitted would probably alter the result. [Tumang v. CA, GR 82072, 17 Apr. 1989, 172 SCRA 328; Velasco v. Ortiz, GR 51973, 16 Apr. 1990, 184 SCRA 303]. New product. A consumer product which incorporates a design, material or form of energy exchange which has not previously been used substantially in consumer products and as to which there exists a lack of adequate information to determine the quality and safety of such product if used by the consumers. [Art. 4, RA 7394].
Newly-discovered evidence. Evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such character as would probably change the result. [Navarra v. CA, GR 86237. Dec. 17, 1991].
News. All events and items of information which are out of the ordinary humdrum routine, and which have that indefinable quality of information which arouses public attention. [Ayer Prods. Pty. Ltd. v. Capulong, GR L82380. Apr. 29, 1988].
Newly-discovered evidence. Requisites: (a) The evidence had been discovered after trial; (b) the evidence could not have been discovered and produced during trial even with the exercise of
Newspaper of general circulation. A newspaper published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; that it is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
760 published at regular intervals. [Basa v. Mercado, GR 42226. July 26, 1935]. New trial. The rehearing of a case already decided by the court but before the judgment thereon becomes final and executory, whereby errors of law or irregularities are expunged from the record, or new evidence is introduced or both steps are taken. [Claridades, A., Compilation of Notes, 20012006]. New York Convention. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards approved in 1958 and ratified by the Philippine Senate under Senate Resolution No. 71. [Sec. 3, RA 9285]. Next of kin. 1. Those persons who are entitled under the statute of distribution to the decedent's property. [Gabriel v. CA, GR 101512. Aug. 7, 1992, citing Cooper v. Cooper, 43 Ind. A 620, 88 NE 341]. 2. A relative or a responsible friend with whom the minor or incompetent lives. [IRR, Sec. 16(a) of PD 1508]. 3. The nearest blood relative of a deceased. The expression has come to describe those persons most related to a dead person and therefore set to inherit the deceased’s
property. [Duhaime's Legal Dict., 2004]. Nieto. Sp. Grandson. The son of the son. Used with respect to the grandfather. The term is also used by extension to include the word descendant in a given line to the third, fourth and successive generations. [Barretto v. Tuason, GR 23923. Mar. 23, 1926, citing Diccionario de la Legislacion Española, Vol. 8, p. 373]. Night shift differential. Payment of not less than ten percent of an employee’s regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning. [Art. 86, LC]. Nighttime (obscuridad). That period of darkness beginning at the end of dusk and ending at dawn. [People v. Codilla, GR 100720-23. June 30, 1993, citing Reyes, Rev. Penal Code. 12th Ed., 353, Vol. I (1981)]. Nighttime and uninhabited place. The aggravating circumstances under Art. 14 (6) of the Rev. Penal Code which may be considered, provided the following elements are taken into account: (a) When it facilitated the commission of the crime; or (b) When especially sought for by the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
761 offender; or (c) When offender took advantage thereof for the purpose of impunity. [US v. Billedo, 32 Phil. 574; People v. Matbagon, 60 Phil. 887]. NIH. National Institute of Health. [Sec. 4, RA 9288]. Nitrate test. See Paraffin test. No-contest clause. Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited. [Glossary of Legal Terms (Pro-Se), 2004]. Nocturnity. An aggravating circumstance under Art. 14 (6) of the Rev. Penal Code when it is purposely and deliberately sought by the accused to facilitate the commission of the crime [People v. Alcala, 46 Phil. 739], or to prevent their being recognized or to insure unmolested escape. [US v. Billedo, 32 Phil. 575]. Nocturnidad must concur with the intent and design of the offender to capitalize on the intrinsic impunity afforded by the darkness of night. [People v. Leyles, L15300, May 29, 1964]. No-fault indemnity. The payment of any claim for death or injury to any passenger or third party
pursuant to the provisions of Chap. VI of the Ins. Code (PD 612) without the necessity of proving fault or negligence of any kind. [Sec. 378, IC]. No-fault indemnity clause. A clause found in an insurance policy under which any claim for death or injury of any passenger or third party shall be paid without the necessity of proving fault or negligence of any kind. [Suggested Answer for the 1994 Bar, UPLC, (2002), p. 107]. Nolle prosequi. Lat. Will no further prosecute. The withdrawal or dismissal of an information addressed solely to the sound and judicious discretion of the court which has the option to grant or deny it. [Galvez v. CA, GR 114046. Oct. 24, 1994]. Nolo contendere. Lat. I will not defend it. 1. Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty. [Duhaime's Legal Dict., 2004]. 2. A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
762 contest the facts on which the charge is based. Some judges refuse to accept such pleas in criminal cases. [Jurist’s Legal Dict., 2004].
definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel. [Sec. 6, BP 232].
Nominal damages. 1. These damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. [Art. 2221, CC]. 2. Small and trivial sums awarded for a technical injury due to a violation of some legal right and as a consequence of which some damages must be awarded to determine the right. [Torres, Oblig. & Cont., 2000 Ed., p. 332, citing 17 CJ, p. 714].
Non allegata non probata. Lat. That which is not alleged cannot be proved. This is an exclusionary rule in the Law of evidence that a party who fails to allege a fact in his pleadings may not also be allowed to prove it, if the party objecting thereto be not thereby given a chance to prove the contrary of what was not alleged but proved by the other. [Rule on Pleadings and the Law of Evidence].
Nominal partner. A person who is actually not a partner but is held out or represented as a partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Nominate contracts. They are contracts with specific names or designation in law. E.g., sale. [Diaz, Bus. Law Rev., 1991 Ed., p. 61]. Compare with Innominate contracts. Non-academic personnel. All other school personnel not falling under the
Non-apparent easements. Those easements which show no external indication of their existence. [Art. 615, CC]. Non-bank financial intermediary. A financial intermediary, as defined in Sec. 2(D)(c) of RA 337, as amended, otherwise known as the General Banking Act, authorized by the Bangko Sentral ng Pilipinas (BSP) to perform quasi-banking activities. [Sec. 22, NIRC, as amended]. Non-belligerency. Intl. Law. Sometimes used instead of the term “neutrality” to describe the status of a State which did not take part
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
763 in military operations, but which did not observe the duties of a neutral. It is a status mid-way between a neutral and a belligerent, which is not recognized in international law. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 621. Non bis in idem. Lat. Not twice for the same. The rule on double jeopardy found in Sec. 22, Art. IV, Bill of Rights (of the 1987 Const.) [Esmeña v. Pogoy, GR L54110, Feb. 20, 1981]. Non-competitive bidding. A bidding where there is only one participating bidder and, hence, falls short of the requirement. There would, in fact, be no bidding at all since, obviously, the lone participant cannot compete against himself. [Danville Maritime, Inc. v. COA, GR 85285. July 28, 1989, citing Fernandez, Treatise on Govt. Contracts under Phil. Law, p. 63]. Non-complying bid. A bid which does not comply with the advertised descriptions and specifications. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Non compos mentis. Lat. Not of sound mind. 1. It indicates that a person does not have the ability, due to his mental condition, to
know the nature of his act. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. 2. Not of sound mind; insane. [Jurist’s Legal Dict., 2004]. Non-consumables. Those things whose use according to their nature does not destroy the substance of the thing nor cause their loss to the owner. Money in coin is a non-consumable thing. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 27]. Non-conventional energy resources. Those energy resources in which the conversion or utilization technology for large-scale (megawatt level) applications are not as welldeveloped and/or widely use as those for fossil fuels, hydrogeothermal and conventional nuclear. In general, these resources would include the direct and indirect forms of solar, tidal nuclear converter and breeder reactors and fusion. [Sec. 2, PD 1068]. Non-Convention award. A foreign arbitral award made in a State which is not a Convention State. [Sec. 3, RA 9285]. Non-Convention state. A state that is not a member of the New York Convention. [Sec. 3, RA 9285].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
764 Non-cumulative preferred shares. Corp. Law. Those which entitle the holders merely to the payment of current dividends but not back dividends, before holders of common shares are paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Cumulative preferred shares. Non debeo meliores esse conditions quam auctor neus, a quo jus ad ge transit. Lat. The successor cannot be in a better condition than his predecessor. [Quijano v. Cabale, 49 Phil. 367, citing Escriche's Dict., title Successor]. Non-degree programs. All post secondary vocational or technical courses, not otherwise covered by degree requirements. [Sec. 1, PD 932]. Compare with Degree programs. Non erit alia lex Romae, alia Athenis; alia nunc, alia posthac; sed et apud omnes gentes et omne tempore una eademque lex obtinebit. Lat. There shall not be one law at Rome, another at Athens; one now, another hereafter; but among all nations one and the same law shall prevail. [Compagnie FrancoIndochinoise v. Deutsch-
Australische Dampschiffs, GR 13954. Jan. 17, 1919]. Non-establishment clause. Const. Law. A provision in the 1897 Phil. Constitution that “no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.” [Sec. 5, Art. III, 1987 Const.]. Non est factum. Lat. Not his deed. A special defense in contract law to allow a person to avoid having to respect a contract that he signed because of certain reasons such as a mistake as to the kind of contract. For example, a person who signs away the deed to a house, thinking that the document signed was only a guarantee for another person's debt, might be able to plead non est factum in a court and on that basis get the court to void the contract. [Duhaime's Legal Dict., 2004]. Non-exclusive exploration permit. A permit which grants to the permittee the non-exclusive right to conduct geological or geophysical exploration on specified areas. [Art. 10, RA 387]. Non-expendable supplies or property or nonconsumable supplies or property. Articles which are
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
765 not consumed in used and which ordinarily retain their original identity during the period of use, such as weapons, vehicles, machines, tools, and instruments. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Nonfeasance. Not doing something that a person should be doing. [Duhaime's Legal Dict., 2004]. Compare with Malfeasance and Misfeasance. See also Neglect of duty. Non-formal education. Any organized, systematic educational activity carried outside the framework of the formal system to provide selected types of learning to a segment of the population. [Sec. 4, RA 9155]. Non-fungibles. Those which have their own individuality and do not admit of substitution. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 28]. Non-governmental organization (NGO). 1. An agency, institution, a foundation or a group of persons whose purpose is to assist peoples organizations/associations in various ways including, but not limited to, organizing, education, training, research and/or resource accessing.
[Sec. 4, RA 8550]. 2. A duly registered nonstock, nonprofit organization focusing on the upliftment of the basic or disadvantaged sectors of society by providing advocacy, training, community organizing, research, access to resources, and other similar activities. [Sec. 3, RA 8425]. 3. A nonstock, nonprofit organization involved in activities dealing with resource and environmental conservation, management and protection. [Sec. 3, RA 7942]. Nongovernment organization. A nonprofit domestic corporation: (a) organized and operated exclusively for scientific, research, educational, character-building and youth and sports development, health, social welfare, cultural or charitable purposes, or a combination thereof, no part of the net income of which inures to the benefit of any private individual; (b) which, not later than the 15th day of the third month after the close of the accredited nongovernment organizations taxable year in which contributions are received, makes utilization directly for the active conduct of the activities constituting the purpose or function for which it is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
766 organized and operated, unless an extended period is granted by the Secretary of Finance in accordance with the rules and regulations to be promulgated, upon recommendation of the Commissioner of Internal Revenue; (c) the level of administrative expense of which shall, on an annual basis, conform with the rules and regulations to be prescribed by the Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue, but in no case to exceed thirty percent (30%) of the total expenses; and (d) the assets of which, in the event of dissolution, would be distributed to another nonprofit domestic corporation organized for similar purpose or purposes, or to the state for public purpose, or would be distributed by a court to another organization to be used in such manner as in the judgment of said court shall best accomplish the general purpose for which the dissolved organization was organized. [Sec. 34, NIRC, as amended]. Non-interference doctrine. The judgment of a court of competent jurisdiction may not be opened, modified or vacated by any court or tribunal of concurrent jurisdiction. [Mercado v.
Ubay, GR L-35830, 24 July 1990, 187 SCRA 719]. Non-hearsay. Evid. A statement introduced not for the purpose of proving the truth of the facts asserted therein but only the making of the statement and is admissible in evidence when the making of the statement is relevant. [Claridades, A., Compilation of Notes, 20012006]. Compare with Hearsay. Non-irrigated lands. Agricultural lands which lack irrigation systems and are usually rain-fed. [Sec. 4, RA 7607]. Non-joinder. When a person who should have been made a party to a legal proceedings has been forgotten or omitted. This is usually addressed by asking the court to amend documents and include the forgotten party to the proceedings. [Duhaime's Legal Dict., 2004]. Compare with Misjoinder. Non liquet. Lat. It is not clear. [Locsin v. Valenzuela, GR 51333. Feb. 19, 1991]. Non-metallic deposits. All other deposits not covered by the definition of Metallic deposits. [Sec. 18, PD 464].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
767 Non-metallic mineral. Mineral usually having a dull luster, generally lightcolored, transmits light, usually gives either colorless or light colored streak and where a nonmetallic/component can be extracted/utilized for a profit. [Sec. 4, DENR Admin. Order 95-23]. Non mi ricordo answer. “I cannot recall” answer to the question asked by the investigator. [People v. Cruz, GR 69251. Sep. 13, 1989]. Non-negotiable credits. Commercial credits which are neither negotiable nor payable to bearer, are transferred by assignment without need of consent of, but with notice to, the debtor, and for which the assignor thereof is liable for the legality of the credit and for his capacity as transferor, but not for the solvency of the debtor, unless there is agreement to the contrary. [Art. 347-348, Code of Commerce]. Non-negotiable instrument. An instrument deemed as non-negotiable because the holder thereof takes it without prejudice to such rights or defenses as the registered owners or transferor's creditor may have under the law, except insofar as such rights or
defenses are subject to the limitations imposed by the principles governing estoppel. [De los Santos v. McGrath, 96 Phil. 577]. Non-negotiable receipt. A receipt in which it is stated that the goods received will be delivered to the depositor or to any other specified person. [Sec. 4, Act 2137]. See Negotiable receipt. Non-participating preferred shares. Corp. Law. Those that entitle the holders only to the stipulated preferred dividend and no more. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Participating preferred shares. Non-party participant. A person, other than a party or mediator, who participates in a mediation proceeding as a witness, resource person or expert. [Sec. 3, RA 9285]. Non-personal services. The term includes, but is not limited to, repairing, cleaning, redecorating, or rental of personal property and furnishing of necessary repair parts or other supplies as part of the services performed. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Non-point source. source of pollution
Any not
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
768 identifiable as point source to include, but not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and urban areas. [Claridades, A., Compilation of Notes, 20012006]. Non-project employees. Those employed by a construction company without reference to a particular project. [Fernandez v. NLRC, GR 106090. Feb. 28, 1994]. Non quieta movere. Lat. Do not disturb what has been settled. 1. The rule that administrative decisions must end sometime, as fully as public policy demands that finality be written on judicial controversies. [Manila Electric Co. v. Public Service Commission, 61 Phil., 456]. 1. The rule of non quieta movere prescribes that what was terminated should not be disturbed [Espiritu v. San Miguel Brewery, 63 Phil., 615]. Non-resident alien. An individual whose residence is not within the Philippines and who is not a citizen thereof. [Sec. 22, NIRC, as amended]. Non-resident citizen. (a) One who establishes to the satisfaction of the Commissioner of Internal
Revenue the fact of his physical presence abroad with a definite intention to reside thereto; (b) a citizen leaving the Philippines during the taxable year to reside abroad, either as an immigrant or for employment on a more or less permanent basis and contract workers whose contract of employment are renewed from time to time within or during the taxable year under such circumstances as to require them to be physically present abroad most of the time during the taxable year, shall be considered as a nonresident for such taxable year with respect to the income he derived from foreign sources from the date he actually departed from the Philippines; (c) a citizen who has been previously considered as non-resident citizen and who arrives in the Philippines at any time during the taxable year to reside permanently in the Philippines shall likewise be treated as a nonresident citizen for the taxable year in which he arrives in the Philippines with respect to his income derived from sources abroad until the date of his arrival in the Philippines; or (d) the taxpayer shall submit proof to the Commissioner of Internal Revenue to show his intention of leaving the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
769 Philippines to reside permanently abroad or to return to and reside in the Philippines as the case may be for purposes hereof. [Sec. 22, NIRC, as amended]. Non-resident foreign corporation. A foreign corporation not engaged in trade or business within the Philippines. [Sec. 22, NIRC, as amended]. Non-self-executing treaty. Intl. Law. A treaty that requires states parties to enact enabling legislation before it becomes effective domestically. [Intl. Law Dict. & Direct., 2004]. Non-self-governing territory. Intl. Law. A territory under the control of a colonial power. [Intl. Law Dict. & Direct., 2004]. Non servanti fidem, non est fides servanda. Lat. A party (cannot) be held bound to fulfill his promises when the other violates his. [Univ. Food Corp. v. CA, GR L29155. May 13, 1970]. Non-stock corporation. One where no part of its income is distributable as dividends to its members, trustees, or officers, subject to the provisions of the Corporation Code on dissolution: Provided, That any profit which a non-stock
corporation may obtain as an incident to its operations shall, whenever necessary or proper, be used for the furtherance of the purpose or purposes for which the corporation was organized, subject to the provisions of this Title. [Sec. 87, Corp. Code]. Non-stock savings and loan association. A non-stock, non-profit corporation engaged in the business of accumulating the savings of its members and using such accumulations for loans to members to service the needs of households by providing long term financing for home building and development and for personal finance. [Sec. 3, RA 8367]. Non-suability of the State. 1. The principle that a sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the legal and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. [The Amer. Ins. Co. v. Macondray & Co., Inc., GR L-24031. Aug. 19, 1967, citing Kawananakao v. Polybank, 206 US 349]. 2. A doctrine laid down under Sec. 2, Art. XVI of the 1987 Phil. Constitution which holds that
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
770 the State may not be sued without its consent. [Claridades, A., Compilation of Notes, 2001-2006]. Non sui juris. Lat. It means that a person, not of legal age, does not have legal capacity. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. Nonsuit. Rem. Law. 1. The termination of an action which do not adjudicate issues on the merits. [Lim Tanhu v. Ramolete, GR L40098, 29 Aug. 1975, 66 SCRA 425]. 2. A judgment given against plaintiff when he is unable to prove a case, or when he refuses or neglects to proceed to trial and leaves the issue undetermined. [Metals Engineering Resources Corp. v. CA, GR 95631, 28 Oct. 1991, 203 SCRA 273]. Non-suited party. Rem. Law. A party who fails to appear at a pre-trial conference (and who) may be considered as in default. [Insular Veneer v. Plan, GR L40155, Sep. 10, 1976, 73 SCRA 1]. Non-theatrical distribution. (a) Public showing of long and short motion pictures through the use of mobile projection equipment not imposing admission fee; (b) showing long or short motion pictures to organizations,
societies, clubs, groups, etc. such as films for children, educational, documentary, cultural, scientific, newsreel, industrial, sales, public relations, and instructional films. [Sec. 10, PD 1986]. See Theatrical distribution. Non-traditional crops. Crops other than rice, corn, coconut and sugar. [Sec. 4, RA 7900]. Nonuser. 1. A neglect to use a privilege or a right. [Sandiganbayan v. CA, GR 118883. Jan. 16, 1998, citing Cyclopedic Law Dict., 3rd Ed.]. 2. A neglect to exercise an easement or an office. [Sandiganbayan v. CA, GR 118883. Jan. 16, 1998, citing Black's Law Dict., 6th Ed.]. Non-voting share. Corp. Law. A share without right to vote. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 61]. Compare with Voting share. Noontime. In the local interpretation, it is anytime from 9:00 am to 1:00 pm. [People v. Ausan, GR L49728. July 15, 1987]. No par value shares. Corp. Law. 1. Shares without any stated value appearing on the face of the certificate of stock. It is a stock which does not state how much
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
771 money it represents. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares which are without par value which may be sold at whatever price the company's board of directors decides. [Duhaime's Legal Dict., 2004]. Compare with Par value shares. No religious test clause clause. Const. Law. A provision in the 1897 Phil. Constitution that “no religious test shall be required for the exercise of civil or political rights.” [Sec. 5, Art. III, 1987 Const.]. Normal baseline. The lowwater line along the coast as marked on large-scale charts officially recognized by the coastal state. [Intl. Law Dict. & Direct., 2004]. Compare with Straight baseline. Normal baseline method. Intl. Law. A method employed in defining the territorial sea under which the territorial sea is drawn from the low-water mark of the coast (to the breadth claimed) following its sinuosities and curvatures but excluding the internal waters in bays and gulfs. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 63]. Compare with Straight baseline method.
Normal hours of work. The normal hours of work of any employee shall not exceed eight in a day. [Art. 83, LC]. Noscitur a sociis. Lat. Associated words. 1. A rule of statutory construction under which a word or phrase should be interpreted in relation to, or given the same meaning as, the words to which it is associated. [Magtajas v. Pryce Properties, GR 111097. July 20, 1994]. 2. The rule of law that holds that the meaning of a contract is derived from reading it as a whole. Where parts of a contract contradict each other, a court must restrict the meaning of, or reject, the word or clause that does not adhere to the general meaning of the contract, namely the parties' intent. [Tetley, Glossary of Conflict of Laws, 2004]. Also known as the Doctrine of associated words. Notarial document. A document duly acknowledged before a notary public. It is a public document. A recital in the certificate of acknowledgment is prima facie evidence of the fact that he was such an officer. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 301]. Notarial register. The register kept by every notary
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
772 public wherein record shall be made of all his official acts as notary and a certified copy of such record, or any part thereof shall be supplied by him to any person applying for it and paying the legal fees therefor. [Sec. 245, Art. V, Rev. Admin. Code]. Notarial seal. The seal of office procured by every person appointed to the position of notary public which shall be affixed to papers officially signed by him. It shall be of metal and shall have the name of the province and the word Philippines and the notary’s name engraved on the margin thereof, and the words Notary Public across the center. [Sec. 244, Art. IV, Rev. Admin. Code]. Notarial will. A will duly acknowledged by the testator and the witnesses before a notary public, a public document executed and attested through the intervention of the notary public and, as such public document, evidence of the facts in clear, unequivocal manner therein expressed. [Gabriel-Gonzalez v. CA, GR L-37453. May 25, 1979]. Compare with Holographic will. Notarization. Acknowledgement executed
by a notary public and appended to a private document which converts such document into a public one and renders it admissible in court without further proof of its authenticity and upon which courts, administrative agencies and the public at large must be able to rely. [Claridades, A., Compilation of Notes, 2001-2006]. Notary or notary public. 1. A public officer who attests or certifies deeds and other writings to make them authentic and takes affidavits, depositions, and protests of negotiable paper. [Title IV, Chapter II, Rev. Admin Code]. 2. A legal officer with specific judicial authority to attest to legal documents usually with an official seal. [Duhaime's Legal Dict., 2004]. Notary public, misconduct of. See Misconduct of notary public. Note verbale. Intl. Law. An unsigned document which contains a resume of diplomatic conversations. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Not guilty plea. Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
773 preserve all legal issues. [Jurist’s Legal Dict., 2004]. Not guilty by reason of insanity. The (court) must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense. [Jurist’s Legal Dict., 2004]. Notice. Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding. [Glossary of Legal Terms (Pro-Se), 2004]. Notice of appeal. An information, advice or announcement where the appellant merely signifies that he is appealing to a particular court a decision or resolution rendered by the trial court. [Moreno’s Law Dict., 2000 Ed., p. 314]. Notice of dishonor. 1. Bringing to the knowledge of the drawer or indorser of the instrument, either verbally or by writing, the fact that a specified instrument, upon proper proceedings taken, has not been accepted or has not been paid, and that the party notified is expected to pay it. [State Investment House, Inc. v. CA, GR 101163. Jan. 11,
1993, citing Martin v. Browns, 75 Ala 442]. 2. Notice given by a holder or his agent to a party or parties secondarily liable that the instrument was dishonored by nonacceptance by the drawee of a bill, or by non-payment by the acceptor of a bill, or by non-payment by the maker of a note. [Claridades, A., Compilation of Notes, 20012006]. Notice of lis pendens. See Lis pendens notice. Notice to creditors. A notice given by the bankruptcy court to all creditors of a meeting of creditors. [Glossary of Legal Terms (Pro-Se), 2004]. Notifying bank. A correspondent bank which assumes no liability except to notify and/or transmit to the beneficiary the existence of the letter of credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991]. Notoriety. The principal guide in determining what facts may be assumed to be judicially known. [State Prosecutors v. Muro, AM RTJ92-876. Sep. 19, 1994, citing King v. Gallun, 109 US 99, 27 L. ed. 870]. Notoriously undesirable, test of being. Whether it is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
774 common knowledge or generally known as universally believed to be true or manifest to the world that a person committed the acts imputed against him, and whether he had contracted the habit for any of the enumerated misdemeanors. [San Luis v. CA, GR 80160. June 26, 1989]. Notorious negligence. 1. It is something more than mere or contributory negligence; it signifies a deliberate act of the employee to disregard his own personal safety. [Paez v. WCC, L-18438, Mar. 30, 1963, 7 SCRA 588, 594]. 2. The term is equivalent to "gross negligence" and consists in the failure to exercise even slight care. [Caunan v. Compania General de Tabacos, 56 Phil. 542 (1932)]. Notorious possession. Possession when it is so conspicuous that it is generally known and talked of by the public or the people in the neighborhood. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, citing Black's Law Dict., 5th Ed., 859]. Notwithstanding. In spite of, even if, without regard to or impediment by other things.
[LawInfo (2005)].
Legal
Dictionary
Novation. 1. The extinguishment of an obligation by the substitution of that obligation with a subsequent one, which terminates it, either by changing its object or principal conditions or by substituting a new debtor in place of the old one, or by subrogating a third person to the rights of the creditor. [Broadway Centrum v. Tropical Hut, GR 79642. July 5, 1993]. 2. Any change, substitution, or renewal of an obligation with the intention of essentially modifying the same. It does not operate as an absolute but only as a relative extinction, because it creates a new one in place of the old which is only modified. [Diaz, Bus. Law Rev., 1991 Ed., p. 56]. Compare with Subrogation. Novation. Forms: (a) Expromision; and (b) delegacion. [De Cortes v. Venturanza, GR L-26058. Oct. 28, 1977]. Novation. Kinds: (a) Real novation when the object or principal conditions are changed; (b) personal novation when the person of the debtor is substituted and/or when a third person is subrogated in the rights of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
775 the creditor; and (c) mixed novation when the object and the debtor or creditor, or both the parties, are changed; it is a combination of real and personal novations. [Diaz, Bus. Law Rev., 1991 Ed., p. 56]. Novation. Requisites: (a) There must be a previous valid obligation; (b) there must be an agreement of the parties concerned to a new contract; (c) there must be the extinguishment of the old contract; and (d) there must be the validity of the new contract. [Tiu Siuco v. Habana, GR 21106; 45 Phil. 707]. Novatio non praesumitur. Lat. in the Roman Law jurisprudence, the principle that “novation is never presumed.” [Reyes v. CA, GR 120817. Nov. 4, 1996]. Nuclear materials. Uranium, plutonium, curium and other fissionable materials. [Sec. 2, RA 4095]. Nuda proprietas. Lat. Naked ownership. [Claridades, A., Compilation of Notes, 20012006]. Compare with Domino absoluto. Nudum pactum. Lat. 1. A contract without cause or consideration. [Ocampo v. CA, GR 97442. June 30, 1994]. 2. A contract-law
term which stands for those agreements which are without consideration, such as a unilateral undertaking, which may bind a person morally, but not under contract law, in those jurisdictions which still require consideration. [Duhaime's Legal Dict., 2004]. Nuisance. 1. Any act, omission, establishment, business, condition of property, or anything else which: (a) injures or endangers the health or safety of others; or (b) annoys or offends the senses; or (c) shocks, defies or disregards decency or morality; or (d) obstructs or interferes with the free passage of any public highway or street, or any body of water; or (e) hinders or impairs the use of property. [Art. 694, CC]. 2. Anything that works an injury, harm, or prejudice to an individual or the public, and will embrace everything that endangers life or health, offends the human senses, transgresses laws of decency, or obstructs, impairs, or destroys the reasonable, peaceful, and comfortable use of property. [Tan Chat v. Mun. of Iloilo, GR 39810. Aug. 31, 1934, citing Words & Phrases, Vol. 5, 3rd series, p. 499]. 3. Excessive or unlawful use of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
776 one's property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public. [Duhaime's Legal Dict., 2004]. Nuisance per accidens. Also Nuisance in fact. 1. It is considered a nuisance by reason of circumstances, location and surroundings. 2. One that becomes a nuisance by reason of circumstances or surroundings. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 435, citing Iloilo Ice Cold Storage v. Iloilo, 24 Phil. 461]. Nuisance per se. Also Nuisance at law. 1. A nuisance which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity. [Monteverde v. Generoso, 52 Phil. 123 (1928)]. 2. An act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of locations or surroundings. It is a nuisance in and of itself without regard to circumstances. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 435, citing Wheeler v. River Falls Power Co., 215 Ala. 655, 111 So. 907; Hundley v. Harrison, 123 Ala. 292, 296, 26 So. 294].
Null and void ab initio. No legal effect whatsoever and at any time. [Treasurer of the Phils. V. CA, GR L-42805. Aug. 31, 1987]. Nullum tempus occurrit regi or nullum tempus occurrit reipublicae. Lat. Lapse of time does not bar the right of the crown or lapse of time does not bar the commonwealth. The rule is now embodied in Art. 1108(4) of the Civil Code. It is a maxim of great antiquity in English law. The best reason for its existence is the great public policy of preserving public rights and property from damage and loss through the negligence of public officers. [Mindanao Devt. Authority v. CA, GR L49087. Apr. 5, 1982, citing 34 Am Jur 301; Ballentine's Law Dict., p. 891; US v. Nashville, Chattanooga & St. Louis Railway Co., 118 U.S. 120, 125]. Nunc pro tunc. Lat. Now for then. The doing of something late (after it should have been done in the first place), with effect as if it had been done on time. [Duhaime's Legal Dict., 2004]. Nunc pro tunc judgment. A judgment which concerns itself not with the rendering of a new judgment and the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
777 ascertainment and determination of new rights, but with the placing in proper form on the record, the judgment that has been previously rendered, to make it speak the truth, so as to make it show what the judicial action really was. [Lichauco v. Tan Pho, 51 Phil. 862, 880 (1923)]. Nuncupative will. 1. An oral (unwritten) will. [Jurist’s Legal Dict., 2004; Matias v. Alvarez, 10 Phil. 398]. 2. An oral will declared or dictated by the testator in his last sickness before a sufficient number of witnesses, and afterwards reduced to writing. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 554]. Nursery. A child-caring institution that provides care for six or more children below six years of age for all or part of a twenty-four hour day, except those duly licensed to offer primarily medical and educational services. [Art. 117, PD 603]. Nutrient. Any chemical substance needed by the body for one or more of these functions; to provide heat or energy, to build and repair tissues, and to regulate life processes. Although nutrients are found chiefly in foods, some can be synthesized in the laboratory like vitamin and mineral
supplements or in the body through biosynthesis. [Sec. 3, RA 8976]. Nutrition facts. A statement or information on food labels indicating the nutrient(s) and the quantity of said nutrient found or added in the processed foods or food products. [Sec. 3, RA 8976]. Nutrition labeling. A system of describing processed foods or food products on the basis of their selected nutrient content. It aims to provide accurate nutrition information about each food. This is printed in food labels as Nutrition Facts. [Sec. 3, RA 8976]. Nymphomania. Legal Med. The excessive sexual desire in women. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Satyriasis.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
778 issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis. [Duhaime's Legal Dict., 2004]. 2. A remark or opinion uttered, by the way. It is a statement of the court concerning a question which was not directly before it. [Mison v. CSC, GR 86241. Aug. 8, 1989, citing In re Hess, 23 A. 2d. 298, 301, 20 NJ Misc. 12].
-OOath. 1. A religious or solemn affirmation to tell the truth or to take a certain action. [Duhaime's Legal Dict., 2004]. 2. A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made. [Glossary of Legal Terms (Pro-Se), 2004]. Obfuscation. Any impulse or unreasoning temper, a condition of mind brought about by something unlawful and sufficient to produce the same. [Moreno’s Law Dict., 2000 Ed., p. 317]. Obiter dictum. Lat. A remark or opinion, by the way. 1. An observation by a court on a matter not specifically before the it or not necessary in determining the
Object evidence. Those objects as evidence addressed to the senses of the court which, when relevant to the fact in issue, may be exhibited to, examined or viewed by the court. [Sec. 1, Rule 130, RoC]. Also Real evidence. Objection. 1. The formal protest made by a party to a suit at a trial to record his disapproval of a question asked by the opposing counsel. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. 2. Such objections to evidence as are made as soon as the grounds therefor become reasonably apparent. The grounds for the objection must be specified. [Sec. 36, Rule 132, RoC]. 3. The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
779 judge. [Glossary of Legal Terms (Pro-Se), 2004]. Objective novation. Also Real novation. Novation through a change of the object or principal conditions of an existing obligation. [Cochingyan, Jr. v. R & B Surety and Insurance Co., GR L-47369. June 30, 1987]. Compare with Subjective novation. Objective phase of felony. The result of the acts of the execution, that is, the accomplishment of the crime. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 34]. See Subjective phase of felony. Obligation. 1. Admin. Law. An amount committed to be paid by the Government for any lawful act made by an authorized officer for and in behalf of the Government. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. Civ. Law. A juridical necessity to give, to do or not to do. [Art. 1156, CC]. Obligation. Civ. Law. Classification: (a) Pure and conditional obligations; (b); obligations with a period; (c) alternative and facultative obligations; (d) joint and solidary obligations; and (e) obligations with a penal clause. [Diaz, Bus. Law Rev., 1991 Ed., p. 11].
Obligation. Civ. Law. Elements: (a) The vinculum juris or juridical tie which is the efficient cause established by the various sources of obligations (law, contracts, quasi-contracts, delicts and quasi-delicts); (b) the object which is the prestation or conduct; required to be observed (to give, to do or not to do); and (c) the subject-persons who, viewed from the demandability of the obligation, are the active (obligee) and the passive (obligor) subjects. [Asuncion v. CA, GR 109125. Dec. 2, 1994]. Obligation or security of the Philippines. All bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the Philippines, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the Philippines. [Art. 166, RPC]. Obligations. All financial liabilities of the Corporation which are evidenced by promissory notes, bonds, debentures, mortgages or any other form of indebtedness. [Sec. 2, RA 7354].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
780 Obligations with a period. Obligations for whose fulfillment a day certain has been fixed and shall be demandable only when that day comes. [Art. 1193, CC]. Obligation with a penal clause. An obligation to which is attached an accessory undertaking to pay a previously stipulated penalty in case of breach. [Diaz, Bus. Law Rev., 1991 Ed., p. 31]. Obligatory force or obligatoriness of contracts. 1. The characteristic of contracts whereby obligations arising therefrom have the force of law between the contracting parties and should be complied with in good faith. [Art. 1159, CC]. 2. The rule that contracts shall be obligatory in whatever form they may have been entered into, provided all the essential requisites for their validity are present. Contracts, once perfected, have the force of law between the parties who are bound to comply therewith in good faith, and neither one may, without the consent of the other, renege therefrom. [Tiu Peck v. CA, GR 104404. May 6, 1993]. Obligee. The person who is to receive the benefit of
someone else's obligation; that someone else being the obligor. [Duhaime's Legal Dict., 2004]. Also called a Creditor. Obligor. A person who is contractually or legally, committed or obliged, to providing something to another person; the recipient of the benefit being called the obligee. [Duhaime's Legal Dict., 2004]. Also known as the Debtor. Obscene. That form of immorality which has relation to sexual impurity. Offensive to chastity and decency; expressing or presenting to the mind or view something which delicacy, purity, and decency forbid to be exposed. [People v. Kottinger, GR 20569. Oct. 29, 1923, citing Swearingen v. US (1896), 161 US, 448]. Obscene material. Material which deals with sex in a manner appealing to prurient interest. The portrayal of sex, e.g., in art, literature and scientific works, is not itself sufficient reason to deny material the constitutional protection of freedom of speech and press. [Gonzales v. KalawKatigbak, GR L-69500. July 22, 1985, citing Roth v. US, 354 US 476, 487 (1957)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
781 Obscene publications and exhibitions. Crim. Law. The felony committed by the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same, or those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which: (a) glorify criminals or condone crimes; (b) serve no other purpose but to satisfy the market for violence, lust or pornography; (c) offend any race or religion; (d) tend to abet traffic in and use of prohibited drugs; and (e) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts. [Art. 201, RPC]. Obscenity. 1. Something offensive to chastity; decency, or delicacy. [People v. Kottinger, GR 20569. Oct. 29, 1923]. 2. A publication which is illegal because it is morally corruptive. Any lewd material which had no apparent social value, which was offensive to contemporary community standards of decency, and
even material which tended to invoke impure sexual thoughts. Any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and crime, horror, cruelty or violence. [Duhaime's Legal Dict., 2004]. Obscenity, test of. (a) Whether the average person, applying contemporary standards' would find the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. [Pita v. CA, GR 80806. Oct. 5, 1989, citing Miller v. California, 413 US 15 (1973)]. Obscuridad. Nighttime.
Sp.
See
Observed depreciation. See Accumulated depreciation on appraisal. Obsession. Legal Med. A thought and impulse which continually occur in a person’s mind despite all attempts to keep them out. An idea constantly occurring
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
782 in the consciousness inspite of efforts to dive them away from the mind. [Olarte, Legal Med., 1st Ed. (2004), p. 149].
Occipital bone. A bone located at the posterior part of the skull. [Moreno’s Law Dict., 2000 Ed., p. 318].
Obsessive compulsive disorder. Legal Med. A disorder characterized by the presence of recurrent, unwanted, intrusive ideas, images or impulses that seem silly, weird, nasty, or horrible (obsessions) and an urge or compulsion to do something that will relieve the discomfort caused by an obsession. [Olarte, Legal Med., 1st Ed. (2004), p. 137].
Occlusio pupillae. The closure of the opening in the iris of the eye by formation of an opaque membrane. [Aguja v. GSIS, GR 84846. Aug. 5, 1991].
Obsolete property. A property which has lost its efficiency either due to technological advancement, change or procedure, reorganization of a department or office, or completion of a project. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Obstructing justice. An act which tends to impede or thwart the administration of justice. Examples include trying to bribe a witness or judge or providing law enforcement officers with information known to be false. [Duhaime's Legal Dict., 2004]. Obvious ungratefulness. See Abuse of confidence.
Occupancy. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. [Sec. 3, BP 220]. Occupant. Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter. [Sec. 3, PD 1185]. Occupation. Labor. The collection of jobs which is sufficiently similar with regard to their main task to be grouped together under a common title. [Sec. 1, Rule 1, Book 2, IRR of LC]. Occupation. Property. 1. Seizure of a corporeal thing, without an owner, with the intention to acquire ownership in accordance with law. 2. A mode of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
783 acquiring ownership by the apprehension of a corporeal thing which has no owner, by a person having capacity for the purpose, with intent to appropriate it as his, and according to the rule established by law. It is the taking of possession which by itself confers ownership. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 489, citing 3 Sanchez Roman 210]. Occupational disease. A disease which develops as a result of hazards peculiar to certain occupations, due to toxic substances (as in the organic solvents industry), radiation (as in television repairmen), repeated mechanical injury, emotional strain, etc. [Meñez v. ECC, GR L-48488. Apr. 25, 1980, citing Schmidt's Attorneys' Dict. of Medicine, p. 561]. Occupational group. A group of classes of positions in the same occupation or occupational area arranged by level of difficulty and responsibility. [Sec. 3, PD 985]. Occupational therapist. A legally qualified person licensed to practice occupational therapy under this Act and who by accepted academic training and professional clinical experience possesses the
knowledge and skills to achieve the objectives as defined and set by the occupational therapy profession. The occupational therapist functions through the use of the basic methods, approaches and procedures of occupational therapy (creative, manipulative, educational, pre-vocational evaluation and self-care activities) which are designed to assess and develop the actual and potential abilities of the individual. [Sec. 2, RA 5680]. Occupational therapy. A paramedical discipline concerned with the administration of medically prescribed treatment, in the form of supervised activity, to persons disabled by disease or injury. The objective of occupational therapy is to contribute to the development of the disabled person's independence, to improve his emotional, social, and physical well-being and his ability to care for himself both at home and on the job, and to begin early evaluations and experimentation for future job training and employment. [Sec. 2, RA 5680]. Occupational therapy technician or assistant. A person who, not having
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
784 acquired a bachelor's degree in occupational therapy, is qualified, as determined by a bona fide national professional association of occupational therapists in the Philippines through inservice training and practical experience, to function as an assistant to and under the direct supervision of an occupational therapist to assist in rehabilitating patients in hospitals and similar institutions. [Sec. 2, RA 5680]. Occupation of real property of usurpation of real rights in property. Crim. Law. The felony committed by any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him. [Art. 312, RPC]. Occupation tax. A tax imposed on a person engaged in the exercise or practice of his profession or calling, under Sec. 12, Local Tax Code (PD 231), as amended. [Moreno’s Law Dict., 2000 Ed., p. 319].
Occupy. To take possession of. [Moreno’s Law Dict., 2000 Ed., p. 319]. Ocean waters. All marine waters other than the territorial sea and inland waters of the Philippines and other states. [Sec. 3, PD 600]. Ocular inspection. 1. An inspection by means of actual sight or viewing. [Southeastern Coll. v. CA, GR 126389. July 10, 1998, citing Webster's 3rd New Intl. Dict., 1971 Ed.; Moreno, Phil. Law Dict., 2nd Ed.]. 2. Inspection of the establishment or premise involved to help the court in clearing a doubt, reaching a conclusion, or finding the truth. But it is not the main trial nor should it exclude the presentation of other evidence which the parties may deem necessary to establish their case. It is merely an auxiliary remedy which the law affords the parties or the court to reach an enlightened determination of the case. [Phil. Movie Pictures Workers' Assoc. v. Premiere Prods., Inc., GR L-5621. Mar. 25, 1953]. Of counsel. A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
785 who is not the principal attorney for the party. [Jurist’s Legal Dict., 2004].
phosphorous, or other poisonous substance is used. [Sec. 84, PD 856].
Offended party. The person against whom or against whose property, the offense was committed. [Sec. 12, Rule 110, RoC].
Offer. 1. A proposal to enter into a contract. [Rosenstock v. Burke, 46 Phil. 217]. 2. A proposal involving one or more items in a tender. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 3. An explicit proposal to contract which, if accepted, completes the contract and binds both the person that made the offer and the person accepting the offer to the terms of the contract. [Duhaime's Legal Dict., 2004]. See also Acceptance.
Offending the religious feelings. Crim. Law. The felony committed by anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful. [Art. 133, RPC]. Offense. A crime. Any act which contravenes the criminal law of the state in which it occurs. [Duhaime's Legal Dict., 2004]. Offensive trades or occupations. Any of the following trades or occupations: (a) Soap boiling; (b) guts cleaning; (c) boiling of offal, bones, fat or lard; (Permissible if process is performed in a public slaughterhouse under prescribed regulations); (d) manufacturing of glue or fertilizer; (e) skin curing; (f) scrap processing; (g) manure storing; (h) lime burning; (i) lye making; and (j) any manufacturing process in which lead, arsenic, mercury,
Offering false testimony in evidence. Crim. Law. The felony committed by any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony. [Art. 184, RPC]. Offer of compromise. Evid. A proposal which is tentative and any statement made in connection with it which is hypothetical, the purpose being to buy peace and in contemplation of mutual concessions. [Claridades, A., Compilation of Notes, 20012006]. Compare with Ordinary admission.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
786 Offer of evidence. The statement made by counsel as to what he expects to prove through the witness. [People v. Yap, GR 103517. Feb. 9, 1994]. Compare with Presentation of evidence. Offer of proof. A disclosure of the evidence the offering party wishes to introduce in the face of rejection to the admission of said evidence. It is a better practice to attach to the record the exhibits which have been rejected. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 342]. Offer to compromise. It does not, in legal contemplation, involve an admission on the part of a defendant that he is legally liable, not on the part of a plaintiff that his claim or demand is groundless or even doubtful, since the compromise is arrived at precisely with a view to avoiding further controversy and saving the expenses of litigation. [Smith Bell and Co. (Phils.), Inc. GR 56294. May 20, 1991]. Office. 1. Within the framework of governmental organization, any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied by
individual persons, whose functions are defined by law or regulation. [Sec. 2(9), Rev. Admin. Code of 1987]. 2. A public charge or employment, an employment on behalf of the government in any station or public trust, not merely transient, occasional or incidental. [Tejada v. Domingo, GR 91860. Jan. 13, 1992, citing Black's Law Dict., 5th Ed., 976]. Officer. As distinguished from "clerk" or "employee", a person whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of the government. When used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, "officer" includes any government employee, agent or body having authority to do the act or exercise that function. [Sec. 2, Admin. Code of 1987]. Officer ad interim. One appointed to fill a vacancy, or to discharge the duties of the office during the absence or temporary incapacity of its regular incumbent [PLM v. IAC, GR L-65439. Nov. 13, 1985, citing Black's Law Dict., Rev. 4th Ed., 1978].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
787 Officer breaking seal. Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken. [Art. 227, RPC]. Officer-in-charge. A person designated to an office in a temporary capacity. The designee holds no fixed tenure and may be removed or replaced at will by the appointing authority, with or without cause, and without need of notice or any form of hearing. [Moreno’s Law Dict., 2000 Ed., p. 320]. Official. As an adjective, it means “derived from the proper office or officer; authoritative.” [Moreno’s Law Dict., 2000 Ed., p. 320]. Official document. Any instrument issued by the government or its agents or its officers having the authority to do so and the offices, which in accordance with their creation, they are authorized to issue. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 450, citing II Pacheco, pp. 295-296]. Official information. The statement made - on entries in official records - by the person who not only must have personal knowledge of
the facts stated but must have the duty to give such statement for the record. [Claridades, A., Compilation of Notes, 2001-2006]. Official integrity. This includes not only soundness of moral principle and character but also connotes strictness or fidelity in the discharge of the trust reposed, like obedience to the laws, legal orders and decrees promulgated by the duly constituted authorities. [Dizon v. Dollete, GR L19838. June 30, 1964]. Official residences. Malacañang, and other government-owned structures where the President resides, and other structures occupied by the Philippine Consulate or Embassies abroad. [Sec. 3, RA 8491]. Officious manager. Negotiorum gestor.
See
Offshore. 1. The water, sea bottom, and subsurface from the shore or coastline reckoned from the mean low tide level up to the two hundred nautical miles (200 n. m.) exclusive economic zone including the archipelagic sea and contiguous zone. [Sec. 3, RA 7942]. 2. An area situated off the shore within a zone generally considered to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
788 extend to three miles. [De Castro v. Marcos, GR L26093. Jan. 27, 1969, citing Webster's 3rd New Intl. Dict., 1964 Ed., p. 1568]. Offshore banking. The conduct of banking transactions in foreign currencies involving the receipt of funds from external sources and the utilization of such funds as provided in this Decree. [Sec. 1, PD 1034]. Offshore banking unit. A branch, subsidiary or affiliate of a foreign banking corporation which is duly authorized by the Central Bank of the Philippines to transact offshore banking business in the Philippines. [Sec. 1, PD 1034]. Oil. Oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil. [Sec. 3, PD 979; Sec. 3, PD 600]. Okinam. Ilok. Vulva of your mother. [People v. Balanag, GR 103225. Sep. 15, 1994]. OMB. The Optical Media Board. [Sec. 3, RA 9239]. Ombudsman. The official mandated by law to receive and investigate complaints relative to public office,
including those in government-owned or controlled corporations, make appropriate recommendations, and in case of failure of justice as defined by law, file and prosecute the corresponding criminal, civil or administrative case before the proper court or body. [Claridades, A., Compilation of Notes, 2001-2006]. Ombudsman Act of 1989, The. RA 6770 entitled “An Act providing for the functional and structural organization of the Office of the Ombudsman, and for other purposes” enacted on Nov. 17, 1989. Omne quod solo inadeficatur solo cedit. Lat. Everything that is built on the soil yields to the soil. [Roque v. Lapuz, GR L32811. Mar. 31, 1980]. Omnia praesumuntur rite et solemniter esse acta. Lat. All things are presumed to be correctly and solemnly done. [Farolan v. Solmac Marketing Corp., GR 83589. Mar. 13, 1991]. Omnibus bill. A draft law before a legislature which contains more than one substantive matter, or several minor matters which have been combined into one bill, ostensibly for the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
789 sake of [Duhaime's 2004].
convenience. Legal Dict.,
Omnibus Election Code of the Philippines. BP 881 entitled “Omnibus Election Code of the Philippines” enacted on Dec. 3, 1985. Omnibus Investment Code of 1987, The. EO 226 signed into law on July 16, 1987. Omnibus motion. A motion attacking a pleading, order, judgment, or proceeding which includes all objections then available, and all objections not so included are deemed waived. [Sec. 8, Rule 15, RoC]. On a person's own recognizance. Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court. [Glossary of Legal Terms (Pro-Se), 2004]. On-arm irrigation facilities. Composite facilities that permit entry of water to paddy areas and consist of farm ditches and turnouts. [Sec. 4, RA 8435]. [Sec. 4, RA 8435]. On board bill in which it is goods have on board the
of lading. One stated that the been received vessel which is
to carry the goods, whereas a received for shipment bill of lading is one in which it is stated that the goods have been received for shipment with or without specifying the vessel by which the goods are to be shipped. An on board bill of lading is issued when the goods have been actually placed aboard the ship with every reasonable expectation that the shipment is as good as on its way. [Magellan v. CA, GR 95529. Aug. 22, 1991]. Compare with Received for shipment bill of lading. On call status. A condition when public health workers are called upon to respond to urgent or immediate need for health/medical assistance or relief work during emergencies such that he/shall cannot devote the time for his/her own use. [Sec. 15, RA 7305]. Onerous contract. A contract in where the cause for each contracting party is the prestation or promise of a thing or service by the other. [Art. 1350, CC]. Onerous donation. One which is subject to burdens, charges or future services equal (or more) in value than that of the thing donated. [De Luna v. Abrigo, GR 57455. Jan. 18, 1990, citing Paras, Civil Code of the Phil.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
790 Annotated, 11 Ed., 726]. Compare with Simple donation or Remuneratory donation. One-subject, one-title rule. The Constitutional provision that requires that every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. [Sec. 26. (1), Art. VI, 1987 Phil. Const.]. One-subject, one-title rule. Purposes: (a) To prevent Hodge-podge or Log-rolling legislation; (b) to prevent surprise or fraud upon the legislature by means of provisions in bills of which the title gives no intimation, and which might therefore be overlooked and carelessly and unintentionally adopted; and (c) to fairly apprise the people, through such publication of legislative proceedings as is usually made, of the subject of legislation that is being considered, in order that they may have opportunity of being heard thereon, by petition or otherwise, if they shall so desire. [Phil. Judges Assoc. v. Prado, GR 105371. Nov. 11, 1993, citing Cooley, Constl. Limitations, 8th Ed., pp. 295-296]. One-year bar rule. Labor. The rule that certification election may not be held
within one year from the date of issuance of a final certification election result. [Poquiz, Labor Rel. Law, 1999 Ed. p. 203]. On occasion. The phrase signifies “because” or “by reason” of the past performance of official duties, even if at the very time of the assault no official duty was being discharged. [Moreno’s Law Dict., 2000 Ed., p. 320]. On or about. A phrase used in reciting the date of an occurrence or conveyance, or the location of it to escape the necessity of being bound by the statement of an exact date or place. Approximately; about; without substantial variance from; near. [Moreno’s Law Dict., 2000 Ed., p. 320]. Onshore. The landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks. [Sec. 3, RA 7942]. On-site development. The process of upgrading and rehabilitation of blighted slum urban areas with a view of minimizing displacement of dwellers in said areas, and with provisions for basic services. [Sec. 3, RA 7279].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
791 On the job training. The practical work experience through actual participation in productive activities given to or acquired by an apprentice. [Sec. 2, Rule 6, Book 3, IRR of LC]. Onus. Lat. The burden. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. [Duhaime's Legal Dict., 2004]. Onus probandi. Lat. Burden of proof. [Ramcar Inc. v. Garcia, GR L-16997. Apr. 25, 1962]. Onward shifting. The shifting of the tax two or more times either forward or backward. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 56]. Open access. The provision of allowing any qualified user the use of transmission, and/or distribution system and associated facilities subject to the payment of transmission and/or distribution retail wheeling rates duly approved by the Energy Regulation
Commission (ERC). [Sec. 4, RA 9136]. Open corporation. A corporation which is open to any person who may wish to become a stockholder or member thereto. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Close corporation. Open disobedience. Crim. Law. The felony committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities. [Art. 231, RPC]. Open-end company. An investment company which is offering for sale or has outstanding any redeemable security of which it is the issuer. [Sec. 5, RA 2629]. See Closed-end company. Open-end-credit plan. A consumer credit extended on an account pursuant to a plan under which: 1) the creditor may permit the person to make purchase or obtain loans, from time to time, directly from the creditor or indirectly by use of credit card, or other service; 2) the person has the privilege of paying the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
792 balance; or 3) a finance charge may be computed by the creditor from time to time on an unpaid balance. [Sec. 3, RA 8484; Art. 4, RA 7394]. Open-ended agreement. An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist. [Duhaime's Legal Dict., 2004]. Opening bank. The bank, usually the buyer's bank, which actually issues the letter of credit. [Bank of America, NT & SA v. CA, GR 105395. Dec. 10, 1993]. Also known as the Issuing bank. Opening of closed documents. Crim. Law. The felony committed by any public officer not included in the provisions Art. 227 of the Rev. Penal Code who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody. [Art. 228, RPC]. Opening statement. The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial. [Glossary of Legal Terms (Pro-Se), 2004].
Open policy. Ins. A policy of insurance in which the value of the thing insured is not agreed upon, but is left to be ascertained in case of loss. [Sec. 60, IC]. Compare with Valued policy. Open possession. When possession is patent, visible, apparent, notorious and not clandestine. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, citing Black's Law Dict., 5th Ed., 983]. Open space. Areas allocated for the following purposes: circulation, community facilities, park or playground, easements, and courts. [Sec. 3, BP 220]. Open ticket. A ticket on board a ship whereby the passenger has not been assigned to any particular berth space. [Bank of America v. CA, GR 105395. Dec. 10, 1993]. Operate. To perform work or labor; to work. [Moreno’s Law Dict., 2000 Ed., p. 321]. Operating lease. A contract under which the asset is not wholly amortized during the primary period of the lease, and where the lessor does not rely solely on the rentals during the primary period for his profits, but looks for the recovery of the balance of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
793 his costs and for the rest of his profits from the sale or release of the returned asset at the end of the primary lease period. [Beltran v. PAIC Finance Corp., GR 83113. May 19, 1992, citing Rev. Reg. 19-86, Promulgated by the DOF on 1 Jan. 1987]. Operation. A doing or performing action; work. [Moreno’s Law Dict., 2000 Ed., p. 321]. Operative fact doctrine. 1. The doctrine (which holds) that in declaring a law or rule null and void, undue harshness and resulting unfairness must be avoided. [Union Of Filipro Employees v. Vivar, GR 79255. Jan. 20, 1992]. 2. The doctrine holding that the actual existence of a statute, prior to such a determination [of unconstitutionality], is an operative fact and may have consequences which cannot justly be ignored. The past cannot always be erased by a new judicial declaration. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects, — with respect to particular relations, individual and corporate, and particular conduct private and official. [Serrano De Agbayani v. PNB, GR L-23127. Apr. 29, 1971]. See Chicot doctrine.
Operator. 1. Local Govt. Code. The owner, manager, administrator, or any other person who operates or is responsible for the operation of a business establishment or undertaking. [Sec. 131, RA 7160]. 2. Anti-Gambling Law. See Maintainer. [Sec. 2, RA 9287]. Opinio juris sive necessitatis. Lat. Of the opinion that it is a necessary law. Maxim that an observing state must perceive a customary practice as one that it is obligated by international law to observe. [Intl. Law Dict. & Direct., 2004]. Opinion. 1. The informal expression of the views of the court (which) cannot prevail against its final order or decision. (It) forms no part of the judgment. [Dayrit v. CA, GR L-29388. Dec. 28, 1970]. 2. A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion of the court.). [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
794 Opinion rule. Evid. The general rule that the opinion of a witness is not admissible, except as indicated in Secs. 49 and 50 of Rule 130 of the Rules of Court. [Sec. 48, Rule 130, RoC]. Opium. 1. The coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not. [Sec 3, RA 9165]. 2. It embraces every kind, class, and character of opium, whether crude or prepared; the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not for their use. [Art. 190, RPC].
Opium poppy. Any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes. [Sec 3, RA 9165]. Oppression. 1. The misdemeanor committed by a public officer who, under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment or any other injury, or an act of subjecting another to cruel and unjust hardship. [Buta v. Relampagos, GR 116798. Sept. 16, 1997, citing Black's Law Dict., 6th Ed., p. 1093]. 2. An act of cruelty, severity, unlawful exaction, domination or excessive use of authority. [Ochate v. Ty Deling, L13298, Mar. 30, 1959, 105 Phil. 384, 390]. Oppressive. Unreasonably burdensome; unjustly severe, rigorous or harsh; overpowering or depressing to the spirit or senses. [Moreno’s Law Dict., 2000 Ed., p. 325]. Optical media. A storage medium or device in which information, including
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
795 sounds and/or images, or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future. [Sec. 3, RA 9239]. Optima statuli interpretatix est ipsum statutum. Lat. The best interpreter of the statute is the statute itself. [Claridades, A., Compilation of Notes, 2001-2006]. Option. 1. A contract granting a person the privilege to buy or not to buy certain objects at any time within the agreed period at a fixed price. [Paras, Civil Code of the Phil. Annotated, 1978 Ed., Vol. IV, p. 448]. 2. As used in the law on sales, it is a continuing offer or contract by which the owner stipulates with another that the latter shall have the right to buy the property at a fixed price within a certain time, or under, or in compliance with, certain terms and conditions, or which gives to the owner of the property the right to sell or demand a sale. It is also sometimes called an unaccepted offer. [Adelfa
Properties v. CA, GR 111238. Jan. 25, 1995 ]. Optional clause jurisdiction. Intl. Law. A unilateral grant of jurisdiction by a state to the International Court of Justice that allows the Court to resolve disputes involving that state. [Intl. Law Dict. & Direct., 2004]. Optional contract. A contract by virtue of the terms of which the parties thereto promise and obligate themselves to enter into another contract at a future time, upon the happening of certain events or the fulfillment of certain conditions. [Moreno’s Law Dict., 2000 Ed., p. 322]. Option money. The consideration for the option period. It is separate and distinct from the purchase price. Where option money is given, it is proof of the perfection of the option contract. [Diaz, Bus. Law Rev., 1991 Ed., p. 66]. Option to purchase. A unilateral contract whereby the owner agrees with the holder of the option that the latter has a right to buy the property according to the terms and conditions of the contract, constituting merely the right to an election, the holder of which is not bound
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
796 to complete the sale. [Moreno’s Law Dict., 2000 Ed., p. 322]. Option to rebuild clause. Ins. A clause giving the insurer the option to reinstate or replace the property damaged or destroyed or any part thereof, instead of paying the amount of the loss or the damage. [Claridades, A., Compilation of Notes, 20012006]. Option warrant. Corp. Law. A stock which gives the holder the right to subscribe for or purchase shares of the issuing corporation, such as common shares, at a stipulated price or prices per share usually within a limited time. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Optometrist. A person who has been certified by the Board of Optometry and registered with the Professional Regulation Commission (PRC) as being qualified to practice optometry in the Philippines. [Sec. 3, RA 8050]. Optometry. The science and art of examining the human eye, analyzing the ocular function, prescribing and dispensing ophthalmic lenses, prisms, contact lenses and their accessories and solutions, low vision
aids, and similar appliances and devices, conducting ocular exercises, vision training, orthoptics, installing prosthetics, using authorized diagnostic pharmaceutical agents (DPA), and other preventive or corrective measures or procedures for the aid, correction, rehabilitation or relief of the human eye, or to attain maximum vision and comfort. [Sec. 3, RA 8050]. Or. The term has, oftentimes, been held to mean "and," or vice-versa, when the spirit or context of the law warrants it. [Gonzales v. Comelec, GR L-28196. Nov. 9, 1967, citing 50 Am. Jur. 267-268]. Oral argument. Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument. [Glossary of Legal Terms (Pro-Se), 2004]. Oral defamation. Also Slander. The speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood [Victorio v. CA, GR 32836-37. May 31, 1989, citing 33 Am. Jur. 39]. Oralism. Legal Med. The use of the mouth as a way of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
797 sexual gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Order. 1. A formal written direction given by a member of the judiciary. A court decision without reasons. [Duhaime's Legal Dict., 2004]. 2. A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing. [Glossary of Legal Terms (Pro-Se), 2004]. Order of a court. A formal direction of a court of competent jurisdiction requiring that a certain act be performed or restrained. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. Order of default, effect of. A party in default shall be entitled to notice of subsequent proceedings but not to take part in the trial. [Sec. 3(a), Rule 9, RoC]. Order of default, relief from. A party declared in default may at any time after notice thereof and before judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense. In such case, the order of default may be set
aside on such terms and conditions as the judge may impose in the interest of justice. [Sec. 3(b), Rule 9, RoC]. Ordinance. Local Govt. 1. Legislative acts passed by the municipal council in the exercise of its lawmaking authority. [Mascuñana v. Prov. Board of Negros Occ., GR L-27013. Oct. 18, 1977, citing Sec. 2227, Rev. Admin. Code]. 2. A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Resolution. Ordinance. Local Govt. Requisites for validity: A municipal ordinance (a) must not contravene the Constitution or any statute (b) must not be unfair or oppressive (c) must not be partial or discriminatory (d) must not prohibit but may regulate trade (e) must be general and consistent with public policy, and (f) must not be unreasonable. [Tatel v. Mun. of Virac, GR L-40243. Mar. 11, 1992]. Ordinary acquisitive prescription. 1. This requires possession of things in good faith and with just
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
798 title during the time fixed by law. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof and could transmit his ownership. For the purpose of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. It is well-settled that possession, to constitute the foundation of a prescriptive right, must be adverse and under a claim of title. Possession by license or mere tolerance does not give rise to acquisitive prescription. [Sapu-an v. CA, GR 91869. Oct. 19, 1992; Art. 1134, CC]. 2. Ordinary acquisitive prescription of dominion requires that there be public, peaceful and uninterrupted possession in the concept of owner for a period of ten (10) years. [Borillo v. CA, GR 55691. May 21, 1992]. Ordinary admission. Evid. An admission the intention of which is apparently to admit liability and seek to buy or secure relief against a liability recognized as such. [Claridades, A., Compilation
of Notes, 2001-2006]. Compare with Offer of compromise. Ordinary care. Such care as an ordinary prudent person would exercise under a particular case to avoid injury. [Moreno’s Law Dict., 2000 Ed., p. 324]. Ordinary civil action, basis of. Every ordinary civil action must be based on a cause of action. [Sec. 1, Rule 2, RoC]. Ordinary coral. All kinds of coral other than precious and semi-precious corals. [Sec. 3, PD 1219]. Ordinary expenses. Taxation. It connotes a payment which is normal in relation to the business of the taxpayer and the surrounding circumstances. [Martens, Law of Federal, Income Taxation, Vol. IV, p. 316]. The term Ordinary does not require that the payments be habitual or normal in the sense that the same taxpayer will have to make them often; the payment may be unique or non-recurring to the particular taxpayer affected. [Atlas Consolidated Mining & Devt. Corp. v. Comm. of Int. Rev., GR L-26911. Jan. 27, 1981]. Compare with Necessary expenses.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
799 Ordinary income. Any gain from the sale or exchange of property which is not a capital asset or property. [Sec. 22 NIRC, as amended]. Ordinary jurisdiction. Jurisdiction attached by law to an office. [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Registration Commission, GR L-8451. Dec. 20, 1957]. Compare with Delegated jurisdiction. Ordinary legislative power. Pol. Law. The power to pass ordinary laws. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 284]. Ordinary loss. Any loss from the sale or exchange of property which is not a capital asset. [Sec. 22 NIRC, as amended]. Ordinary purchaser. A purchaser accustomed to buy, and therefore to some extent familiar with, the goods in question. [Dy Buncio v. Tan Tiao Bok, 42 Phil. 190 (1921)]. Ordinary repairs. Such repairs as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. Should the usufructuary fail to make them after demand by the owner, the latter may make
them at the expense of the usufructuary. [Art. 592, CC]. Ordinary will. Also Attested will. A will the execution of which is governed by Arts. 804 to 809 of the Civil Code. [Caneda v. CA, GR 103554. May 28, 1993]. Ore. A naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit. [Sec. 3, RA 7942]. Ore transport permit. The permit specifying the origin and quantity of nonprocessed mineral ores or minerals which shall be required for their transport. Transport permits shall be issued by the mines regional director who has jurisdiction over the area where the ores were extracted. [Sec. 53, RA 7942]. Organ. From Gr. organon: tool or instrument. An agency that carries on specific functions within a larger organization. [Intl. Law Dict. & Direct., 2004]. Organ bank storage facility. A facility licensed, accredited or approved under the law for storage of human bodies or parts thereof. [Sec. 2, RA 7170].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
800 Organ Donation Act of 1991. RA 7170 entitled “An Act authorizing the legacy or donation of all or part of a human body after death for specified purposes” enacted on Jan. 7, 1992. Organic peroxide. A strong oxidizing organic compound which releases oxygen readily. it causes fire when in contact with combustible materials especially under conditions of high temperature. [Sec. 3, PD 1185]. Organized establishment. A firm or company where there is a recognized or certified exclusive bargaining agent. [Sec. 1, Rule 1, Book 5, IRR of LC]. Organized or syndicated crime. Any crime committed by an organized/syndicated crime group, including, but not limited to, arson, robbery (hold-up), kidnapping for ransom, prostitution, illegal recruitment, carnapping, smuggling and piracy, cattle rustling, illicit drug trafficking, labor rackets, land title rackets, manufacture and/or circulation of fake documents, license, stamps, currencies, and other government forms, counterfeiting and bank frauds, consumer frauds and
other illegal activities of such groups. [Sec. 1, PD 1731]. Organized or syndicated crime group. 1. A group of two (2) or more persons collaborating, confederating or mutually helping one another in the commission of any organized/syndicated crime. [Sec. 1, PD 1731]. 2. A group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime. [People v. Esparas, GR 120034. July 10, 1998, citing Sec. 23 of RA 7659]. Orgasm. Legal Med. The peak or climax of sexual excitement. In men, semen ejaculates from the penis and in women, the muscles surrounding the vagina contracts rhythmically. At orgasm, both men and women experience increased muscle turgor throughout the body and contractions of the pelvic muscles that peak to a most pleasurable mental and physical gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 112]. Original cost. For newly acquired machinery not yet depreciated and appraised within the year of its purchase, the actual cost of the machinery to its present owner (plus the cost of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
801 transportation, handling and installation at the present site). [Sec. 3, PD 464]. Originality. Creative effort invested by an author into raw materials that gives them a new quality or character. [Intl. Law Dict. & Direct., 2004]. Original jurisdiction. 1. The power of the Court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law. [Garcia v. De Jesus, GR 88158. Mar. 4, 1992, citing Rem. Law Compendium, Regalado, 5th Rev. Ed., Vol. 1, p. 3]. 2. Jurisdiction to take cognizance of a cause at its inception, try it and pass judgment upon the law and facts. [Ong v. Parel, GR 76710. Dec. 21, 1987, citing Black's Law Dict., pp. 673 and 1251]. Compare with Appellate jurisdiction. Original legislative power. 1. Power possessed by the sovereign people. [Garcia v. Comelec, GR 111230. Sep. 30, 1994]. 2. Power belonging to the sovereign people which is supreme. [Suarez, Stat. Con., (1993), p. 52]. Compare with Derivative legislative power. Original sale. The first sale by every manufacturer,
producer or importer. [Sec, 5, CA 503]. Originate. To come into being; begin; to start. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Originator. 1. The person or entity which was the original obligee of the assets, such as financial institution that grants a loan or a corporation in the books of which the Assets were created in accordance with the plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. 2. A person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic document. [Sec. 5, RA 8792]. Origin of the property. In reserva troncal, the person who should be an ascendant, brother or sister - from whom the descendantpropositus acquired the property. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 255]. Orphan. A person who has lost one or both of his natural parents. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
802 Ostensible authority doctrine. Also known as Apparent authority doctrine. If a corporation knowingly permits one of its officers, or any other agent, to do acts within the scope of an apparent authority, and thus holds him out to the public as possessing power to do those acts, the corporation will, as against any one who has in good faith dealt with the corporation through such agent, be estopped from denying his authority [Francisco v. GSIS, 7 SCRA 577, 583-584; PNB v. CA, 94 SCRA 357, 369-370; Prudential Bank v. CA, GR 103957, June 14, 1993]. Osteoarthritis. A disease characterized by thinning or degeneration of cartilage and of bone in some parts of the joint. It is a part of the ageing process of the people afflicted with it. [Moreno’s Law Dict., 2000 Ed., p. 325]. Other purposes. The phrase appended to the title of a law referring to such purposes as are merely subordinate to and cognate with the general subject therein expressed. [Moreno’s Law Dict., 2000 Ed., p. 326]. Ought. A verb synonymous to the auxiliary verb “should.” [Moreno’s Law Dict., 2000 Ed., p. 325].
Ounce. Troy ounce which is one-twelfth part of a pound of five thousand seven hundred sixty grains, or four hundred eighty grains of 31.1035 grams. [Sec. 1, RA 6364]. Outer space. Intl. Law. 1. Considered as res communes, the rules governing the high seas apply to it. States have the right to launch satellites in orbit over the territorial airspace of other state. [Sandoval, Pol. Law Reviewer 2003]. 2. The universe and its celestial bodies above and beyond the earth's atmosphere. [Intl. Law Dict. & Direct., 2004]. Outer space treaty. Intl. Law. 1. The outer space is free for exploration and use by all states; it cannot be annexed by any state; and it may be used exclusively for peaceful purposes. Thus, nuclear weapons of mass destruction may not be placed in orbit around the earth. [Sandoval, Pol. Law Reviewer 2003]. 2. Treaty on principles governing the activities of states in the exploration and use of outer space including the moon and other celestial bodies. [Intl. Law Dict. & Direct., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
803 Out-of-court identification. Identification conducted by the police in various ways. It is done thru show-ups where the suspect alone is brought face to face with the witness for identification. It is done thru mug shots where photographs are shown to the witness to identify the suspect. It is also done thru line-ups where a witness identifies the suspect from a group of persons lined up for the purpose. [People v. Teehankee, GR 111206-08. Oct. 6, 1995]. Out-of-court settlement. An agreement between two litigants to settle a matter privately before the Court has rendered its decision. [Duhaime's Legal Dict., 2004]. Output tax. The value-added tax due on the sale or lease of taxable goods or properties or services by any person registered or required to register under Sec. 236 of the National Internal Revenue Code. [Sec. 110, NIRC, as amended]. Outside - of - the - freedom - period rule. Labor. The rule that a petition filed before or after the sixty-day freedom period shall be dismissed outright. [Liberty Commercial Center, Inc. v. Calleja, GR 81269. July 19, 1989].
Outstanding capital stock. Corp. Law. 1. The portion of the capital stock which is issued and held by persons other than the corporation itself. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. 2. The total shares of stock issued to subscribers or stockholders, whether or not fully or partially paid (as long as there is a binding subscription agreement), except treasury shares. [Sec. 137, Corp. Code]. Also Issued capital stock. Overdraft. The act of checking out more money than one has on deposit in a bank, and it may be either a legitimate method of borrowing the money or an illegitimate and criminal method of obtaining it through the connivance of the person from whom it is obtained. [Moreno’s Law Dict., 2000 Ed., p. 326]. Overhauling. The cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle. [Sec. 2, RA 6539]. Over-insurance. Ins. It results when the insured insures the same property for an amount greater than the value of the property
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
804 with the same insurance company. [Claridades, A., Compilation of Notes, 20012006].
otherwise disqualified by law, who is abroad on the day of elections. [Sec. 3, RA 9189].
Overissued shares. Corp. Law. Those issued beyond the authorized capital stock and considered void. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Overseas absentee voters, certified list of. The list of registered overseas absentee voters whose applications to vote in absentia have been approved by the Commission on Election (COMELEC), said list to be prepared by the Committee on Absentee Voting of the Commission, on a country-by-country basis. [Sec. 3, RA 9189].
Overloading. The use of one or more electrical appliances or devices which draw or consume electrical current beyond the designed capacity of the existing electrical system. [Sec. 3, PD 1185]. Overpricing. The sale of petroleum and/or petroleum products at prices in excess of those duly authorized by the Government. [Sec.2, PD 1865; Sec. 3, BP 33]. Overrule. A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error. [Glossary of Legal Terms (Pro-Se), 2004].
Overseas employment. 1. Employment of a worker outside the Philippines, including employment on board vessels plying international waters, covered by a valid contract. [Eastern Shipping Lines v. POEA, GR L-76633. Oct. 18, 1988, citing 1985 Rules and Regulations on Overseas Employment]. 2. Employment of a worker outside the Philippines. [Art. 13(h), LC].
Overrun. An excess over the quantity ordered. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Overseas Filipinos. Migrant, workers, other Filipino nationals and their dependents abroad. [Sec. 2, IRR, RA 8042].
Overseas absentee voter. A citizen of the Philippines who is qualified to register and vote under RA 9189, not
Overseas project. A construction or consultancy project undertaken or will be undertaken by a contractor
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
805 outside the boundaries of the of the Philippines, for in acceptable convertible foreign [Sec. 3, PD 1167].
territorial Republic and paid or freely currency.
Overt act. 1. Every act, movement, deed and word of a person indicating intent to accomplish a criminal objective. [Umil v. Ramos, GR 81567. July 9, 1990]. 2. An outward act done in pursuance and manifestation of a criminal intent or design. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 35]. Overtime work. Work performed beyond eight hours a day, provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate for the first eight hours on a holiday or rest day plus at least 30 percent thereof. [Art. 87, LC]. Oviparous. A condition in which the vagina which had just delivered a baby leaves the vaginal barrel loose. The entry of a penis will leave no significant trace. [People v.
Bacalso, GR 94531-32. June 22, 1992]. Own damage clause. A clause in an automobile insurance policy which covers the risks insured against, namely: (a) damage or loss caused by accident or fortuitous events; and (b) that caused by malicious or intentional act committed by third persons. [Moreno’s Law Dict., 2000 Ed., p. 326]. Owner-manager. The owner of a parcel of land devoted to agricultural production who provides the capital and management in the farm enterprise. [Sec. 166, RA 3844]. Owner or lessor. 1. The owner or administrator or agent of the owner of the residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. 2. The person who holds the legal right of possession or title to a building or real property. [Sec. 3, PD 1185]. Ownership. A relation in law by virtue of which a thing pertaining to one person is completely subjected to his will in everything not prohibited by law or the concurrence with the rights of another [Tatad v. Garcia, GR 114222. Apr. 6, 1995, citing Tolentino, II Commentaries & Jurisp. on
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
806 the Civil Code of the Phil. 45 (1992)]. Ownership and other real rights over property, how acquired and transmitted. Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. [Art. 712, CC]. Ownership, how acquired. Ownership is acquired by occupation and by intellectual creation. [Art. 712, CC]. Oxidizing material. A material that readily yields oxygen in quantities sufficient to stimulate or support combustion. [Sec. 3, PD 1185].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
807 which any consumer product is enclosed for use in the delivery or display of that consumer product to retail purchasers. [Art. 4, RA 7394]. 2. Pack, boxes, cartons or containers of any kind in which any tobacco product is offered for sale to consumers. [Sec. 4, RA 9211].
-PPachyderm. Thick-skinned. [People v. Aquino, GR L23908. Oct. 29, 1966]. Pacific blockade. Intl. Law. An act of reprisal by which the vessels of the offending state are prevented from entering or leaving its ports by the ships of the state seeking redress. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126]. Package. A bundle made up for transportation; a packet; a bale; a parcel; or that in which anything is packed; a box, a case, barrel, crate., etc., in which goods are packed: a container. [Caltex (Phil.) Inc. v. Manila Port Service, GR L-21055. Aug. 31, 1966, citing Webster's New Intl. Dict., 2nd Ed., p, 1750]. Package or packaging. 1. Any container or wrapping in
Packing materials. They include leaves, straw, bark and other plant materials used as wrapping, packing, or converting and are capable of harboring plant pets. [Sec. 2, PD 1433]. Pact. A treaty surrounded by a special atmosphere of sentiment, with an intention to guaranty, such as treaties of friendship. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. Pacta sunt servanda. Lat. International agreements must be performed in good faith. A treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties. A state which has contracted valid international obligations is bound to make in its legislations such modifications as may be necessary to ensure the fulfillment of the obligations undertaken. [Tañada v. Angara, GR 118295. May 2,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
808 1997]. Compare with Rebus sic stantibus.
v. Octaviano, GR L-55350. Mar. 28, 1983].
Pacto. Sp. A consideration which induces one to commit a crime. [Aquino, RPC, 1976 Ed., Vol. 1, p. 431, citing People v. Indanan, 24 Phil. 203, 207 (1913) and People v. Asaad, 55 Phil. 697 (1931)]. Compare with Precepto.
Pactum commissorium. Elements: (a) That there should be a pledge or mortgage wherein a property is pledged or mortgaged by way of security for the payment of the principal obligation; and (b) that there should be a stipulation for an automatic appropriation by the creditor of the thing pledged or mortgaged in the event of non-payment of the principal obligation within the stipulated period. [Uy Tong v. CA, GR 77465. May 21, 1988].
Pacto commissorio. Sp. A provision for the automatic appropriation of the pledged or mortgaged property by the creditor in payment of the loan upon its maturity. The prohibition against a pacto commissorio is intended to protect the obligor, pledgor, or mortgagor against being overreached by his creditor who holds a pledge or mortgage over property whose value is much more than the debt. [Yau Chu v. CA, GR 78519. Sep. 26, 1989]. Pacto de retro. Sp. A sale with right of repurchase within a certain period of time. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. Pactum commissorium. A stipulation for automatic vesting of title over the security in the creditor in case of the debtor's default. [Fernandez Vda. de Zulueta
Pactum contrahendi. Intl. Law. An agreement by a State to conclude a later and final agreement. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Pactum reservati dominii. Also Contractual reservation of title. 1. The stipulation in a contract that ownership in the thing shall not pass to the purchaser until he has fully paid the price. [Art. 1478, CC]. 2. The reservation by the seller under the terms of a contract of sale of specific goods of his right of possession or ownership in the goods until certain conditions have been fulfilled. The right of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
809 possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer. [Art. 1503, CC]. 3. A stipulation common in sales on installment where the ownership of the property may still be with the seller until full payment of the price is made. [Jovellanos v. Ca, GR 100728. June 18, 1992; Art. 1478, CC]. PAGCOR. Amusements Corporation.
Philippine and Gaming
Paid-up capital stock. That portion of the subscribed or outstanding capital stock that is actually paid. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. Pairing system. A system established under Circular No. 7 dated Sep. 23, 1974 of the Supreme Court whereby every branch of the Regional Trial Court shall be considered as paired with another branch. In the event of vacancy in any branch, or of the absence or disability of the judge thereof, all incidental or interlocutory matters pertaining to it may be acted upon by the judge of the other branch paired with it. The latter may likewise conduct trials or
hearings on the merits in criminal cases with detention prisoners assigned to the other branch, as well as in other kinds of cases, subject to the conformity of the parties. [SC Circ. 7, Sep. 23, 1974]. Pakyao. Tag. A labor contract whereby a worker is paid by results. It is akin to a contract for a piece of work whereby the contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or consideration. The contractor may either employ his labor or skill, or also furnish the material. [Dingcong v. Guingona, Jr., GR L-76044. June 28, 1988]. Pakyaw system. As generally practiced in our country, a labor contract between employers and employees, between capitalists and laborers. [Sunripe Coconut Products Co. v. Court of Industrial Relations, 83 Phil. 518, 523]. Palataw. Tag. Axe. [Angelo v. CA, GR 88392. June 26, 1992]. Palawan. The Philippine province composed of islands and islets located 7º47' and 12º22' north latitude and 117º00' and 119º51' east longitude,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
810 generally bounded by the South China Sea to the northwest and by the Sulu Sea to the east. [Sec. 3, RA 7611]. Palengke. Tag. Also Common open markets. Markets with dry and wet sections, foodstalls, fruit and vegetable sections, etc., where the retailers or market stall operators are lessees who pay fixed rents for the use of market space. [Cruz v. CA, GR L-44178. Aug. 21, 1987]. Paltik. Tag. Home-made gun. [People v. Morados, GR 46973. Nov. 19, 1940]. Palusong. Tag. Also Bayanihan. The Filipino practice of exchange of labor system. Also commonly known as "amuyo" or "tagnawa" in the Ilocos regions and "salibot" or "ayon-ayon" in the Western Visayas. [De Guzman v. Santos, GR L-16568. Nov. 30, 1962]. Panamax vessel. Vessel or ship of about 60,000 to 70,000 dead weight tons capacity. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Pancreatic carcinoma. A malignant new growth of the said organ, characterized by loss of weight, pain and yellowish discoloration of the
skin. It affects predominantly patients over forty-five (45) years of age. Predisposing factors are age, sex, genetic influence and presence of diabetes mellitus. [Navalta v. GSIS, GR L-46684. Apr. 27, 1988]. Pandectists. From Lat. pandect: all receiving. Scholars who attempted to prepare a pandect, or complete and comprehensive treatise or digest of the law. [Intl. Law Dict. & Direct., 2004]. Pangkat ng Tagapagkasundo. A conciliation panel constituted for each dispute brought before the Lupong Tagapamayapa consisting of three (3) members who are chosen by the parties to the dispute from the list of members of the Lupon. [Art. 197, IRR of RA 7160]. Panic. Legal Med. Acute and extreme anxiety with accompanying physiologic symptoms. [Olarte, Legal Med., 1st Ed. (2004), p. 126]. Panic-buying. The abnormal phenomenon where consumers buy basic necessities and prime commodities grossly in excess of their normal requirement resulting in undue shortages of such goods to the prejudice of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
811 less privileged consumers. [Sec. 3, RA 7581]. Panning. Recovering gold by the use of open round wooden or metal containers disphan-like in appearance by skillful manipulation with hands. [Sec. 12, PD 1150]. Paper caps. Minute amount of black powder spread in either small strips of paper on a small sheet used for children's toy guns. [Sec. 2, RA 7183]. Par. Equal. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Paraffin test. 1. A test to reveal whether the person tested has within recent hours fired a gun. [Moreno’s Law Dict., 2000 Ed., p. 331]. 2. A test to determine the presence of nitrates or gunpowder residues. [People v. Saulog, GR 48850. Jan. 31, 1944]. Also Nitrate test. Paragraphs. The division of the allegations in the body of a pleading into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings. [Sec. 2(a), Rule 7, RoC].
Paralegal. 1. A person who is not a lawyer or is not acting in that capacity but who provides a limited number of legal services. [Duhaime's Legal Dict., 2004]. 2. Also, Legal assistant. A person with legal skills who works under the supervision of a lawyer. [Glossary of Legal Terms (Pro-Se), 2004]. Paramour. One who loves or is loved illicitly; one taking the place without the legal rights of a husband or wife; mistress — called also lover. [Fernandez v. Lantin, GR L44759. Dec. 17, 1976, citing Webster's 3rd New Intl. Dict., 1971 ed., p. 1638]. Paraphernal property. 1. that which the wife brings to the marriage without including it in the dowry, and that which she later acquires without adding it thereto. the wife retains the ownership over such property; the husband cannot exercise any action of any sort with respect to such property without the intervention or consent of his wife, who has the management of said property, unless she has made it over to him before a notary in order that he may administer it, in which case the husband is bound to give a mortgage for the value of the personal property
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
812 received by him, or to give security therefor in the manner provided for in dowered estate. The husband's personal obligations shall not be collected from the income of the paraphernal property, unless it be proved that the have been for the benefit of the family. [Arts. 135 to 141, CC]. 2. The real and personal property of any married woman which she may have at the time of marriage, or which she may thereafter acquire, which shall not be subject to the disposal of her husband, nor be liable for his debts, but shall continue to be her sole and separate property as if she were a femme sole. [Ossorio v. Posadas, GR 31088. Dec. 3, 1929, citing 13 RCL, 1147, Sec. 170]. Paraphilia. Unusual sexual activity in which children are the preferred sexual object. [Harvey v. DefensorSantiago, GR L-82544. June 28, 1988, citing Webster's 3rd New Intl. Dict., 1971 Ed., p. 1665]. Parcel. A rectangular box, the dimension and weight of which is as specified by the Corporation or the Government containing goods or some form of transportable property intended for delivery to an addressee prominently
displayed on at least one (1) of its sides. [Sec. 2, RA 7354]. Pardon. Crim. Law. 1. An act of grace proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. It is a voluntary act of the sovereign, granting outright remission of guilt and declaring of record that a particular individual is to be relieved of the legal consequences of a particular crime. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 2. An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense. [Glossary of Legal Terms (Pro-Se), 2004]. Pardon. Succ. The act of the testator who, having subsequently known the cause of unworthiness of the heir, should condone them in writing. [Claridades, A., Compilation of Notes, 20012006]. Pardoning power of the President. The power of the President to grant, except in cases of impeachment, or as otherwise provided in the Constitution, reprieves,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
813 commutations and pardons, and remit fines and forfeitures, after conviction by final judgment, and to grant amnesty with the concurrence of a majority of all the Members of the Congress. [Sec. 19, Art. VII, 1987 Const.]. Parens patriae. Lat. Parent of the country. 1. Role of State as sovereign and guardian of persons under legal disability. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 579]. 2. The right of the courts to make unfettered decisions concerning people who are not able to take care of themselves. For example, court can make custody decisions regarding a child or an insane person, even without statute law to allow them to do so, based on their residual, common law-based parens patriae jurisdiction. [Duhaime's Legal Dict., 2004]. Parens patriae (father of his country) doctrine. The doctrine refers to the inherent power and authority of the state to provide protection of the person and property of a person non sui juris. Under that doctrine, the state has the sovereign power of guardianship over persons under disability. Thus, the state is considered the parens patriae of minors. [67 CJS 624; Govt. of the P. I.
v. Monte de Piedad, 35 Phil. 728, 747; 31 Words & Phrases Judicially Defined, Per. Ed., pp. 99-100]. Parental and filial privilege. The privilege of a person against being compelled to testify against his parents, other direct ascendants, children or other direct descendants. [Sec. 25, rule 130, RoC]. Parental authority. Also known in Roman law as Patria potestas. 1. The authority and responsibility of the parents in caring for and rearing their unemancipated children for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. [Art. 209, FC]. 2. The mass of rights and obligations which parents have in relation to the person and property of their children, until their majority age or emancipation, and even after this under certain circumstances. [2 Manresa 8, cited in p. 657, Comments & Jurisp. on the Civil Code, Tolentino, Vol. I, 1983 ed]. Parental leave of a solo parent. Leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
814 physical presence is required. [Sec. 3, RA 8972]. Parental liability principle. A species of what is frequently designated as vicarious liability, or the doctrine of "imputed negligence" under AngloAmerican tort law, where a person is not only liable for torts committed by himself, but also for torts committed by others with whom he has a certain relationship and for whom he is responsible. Thus, parental liability is made a natural or logical consequence of the duties and responsibilities of parents — their parental authority — which includes the instructing, controlling and disciplining of the child. [Tamargo v. CA, GR 85044. June 3, 1992]. Parental preference rule. The rule that a natural parent, father or mother, as the case may be, who is of good character and a proper person to have the custody of the child and is reasonably able to provide for such child, ordinarily is entitled to the custody as against all persons. Accordingly, such parents are entitled to the custody of their children as against foster or prospective adoptive parents; and such entitlement applies also as against other relatives of the
child, including grandparents, or as against an agency or institution. [Luna v. IAC, GR L-68374. June 18, 1985, citing pp. 207 & 208, Vol. 67A CJS]. Parental responsibility. With respect to their minor children, the rights and duties of the parents as defined in Art. 220 of EO 209, as amended, otherwise known as the Family Code of the Philippines [Sec. 3, RA 8972]. Parent corporation. Also Holding corporation. A corporation which is so related to another corporation that it has the power, either directly or indirectly, to elect the majority of the directors of such other corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Subsidiary corporation. Parent education. 1. The various means of providing parents or legal guardians information about newborn screening. [Sec. 4, RA 9288]. 2. The various formal and alternative means of providing parents with information, skills, and support systems to assist them in their roles as their children's primary caregivers and educators. These include public and private
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
815 parent education programs linked to center, home and media-based child care and education programs. [Sec. 4, RA 8980]. Pari delicto. Lat. In equal fault; in a similar offense or crime; equal in guilt or in legal fault. [Black's Laws Dict., 5th Ed., 1004]. Pari delicto non oritur actio. Lat. Where two persons are equally at fault neither party may be entitled to relief under the law. [Egao v. CA, GR 79787. June 29, 1989]. Parietal bone. A membrane bone of the roof of the skull. [Moreno’s Law Dict., 2000 Ed., p. 333]. Parietal region. One or two bones between the occipetal (back) and frontal bones of the skull. [Moreno’s Law Dict., 2000 Ed., p. 333]. Parieto temporal region. A region that is not found in the forehead but between the temple on the side of the skull and back part of the head. [Moreno’s Law Dict., 2000 Ed., p. 333]. Pari materia. Lat. Upon the same subject. Statutes are said to be in pari materia when they relate to the same person or thing, or to the same class of persons or
things, or have the same purpose or object. [City of Naga v. Agna, May 31, 1976, 71 SCRA 176, 184]. Pari materia rule. When statutes are in pari materia, the rule of Statutory Construction dictates that they should be construed together. This is because all enactments of the same legislature on the same subject matter are supposed to form part of one uniform system; that later statutes are supplementary or complimentary to the earlier enactments and in the passage of its acts the legislature is supposed to have in mind the existing legislation on the same subject and to have enacted its new act with reference thereto. [City of Naga v. Agna, May 31, 1976, 71 SCRA 176, 184]. Par in parem non habet imperium. Lat. 1. An equal has no power over an equal. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994]. 2. All states are sovereign equals and cannot assert jurisdiction over one another. [USA v. Guinto, GR 76607. Feb. 26, 1990]. Pari passu. Lat. Equitably and without preference. This term is often used in bankruptcy proceedings where creditors are said to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
816 be pari passu which means that they are all equal and that distribution of the assets will occur without preference between them. [Duhaime's Legal Dict., 2004]. Parish. A portion or subdivision of a diocese committed to the spiritual jurisdiction or care of a priest or minister, called rector or pastor. In the Protestant Episcopal Church, it is a territorial division usually following civil bounds, as those of a town. In the Roman Catholic Church, it is usually territorial, but whenever there are different rites and languages, the boundaries and jurisdiction are determined by rite or language. [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Registration Commission, GR L-8451. Dec. 20, 1957]. Parking fee. The fee collected from public utility vehicles when they stop on any portion of the existing parking area for the purpose of loading or unloading passengers or cargoes, no fee being charged for mere passage. [City of Ozamis v. Lumapas, GR L-30727. July 15, 1975]. Compare with Toll fee.
Parkinson's disease or Parkinsonism. Scientifically known as Paralysis agitans. A core syndrome of the late middle life, occurring in most cases between the ages of 50 and 60, observed in all countries, ethnic groups, socioeconomic classes and in both sexes, resulting from an excessive loss of melanin pigment and a degeneration of neurones in the substantia nigra, characterized by involuntary tremulous motion, with lessened muscular power in parts of the body which are not in action and even when supported, an expressionless face, poverty and slowness of voluntary movement, stooped posture, rigidity and festinating gait, the senses and intellect being uninjured. [Yosores v. ECC, GR 97346. Mar. 23, 1992] Park or playground. That portion of the subdivision which is generally not built on and intended for passive or active recreation. [Sec. 3, BP 220]. Parliamentary immunities. Pol. Law. The immunities granted to the members of the Congress under Art. VI, Sec. 11 of the 1987 Constitution which provides: "A Senator or Member of the House of Representatives shall, in all offenses
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
817 punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof." [Mapa v. Sandiganbayan, GR 100295. Apr. 26, 1994]. Parliamentary privilege of speech. Pol. Law. The immunity granted to the members of the Congress under Art. VI, Sec. 11 of the 1987 Constitution from being questioned or from being held liable in any other place for any speech or debate in the Congress or in any committee thereof. [Claridades, A., Compilation of Notes, 2001-2006]. See Parliamentary immunities. Par of change. See Legal exchange rate. Parole. 1. It consists in the suspension of the sentence of a convict after serving the minimum of the sentence imposed without granting a pardon, prescribing the terms upon which the sentence shall be suspended. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 322]. 2. An early release from incarceration in which the prisoner promises
to heed certain conditions (usually set by a parole board) and under the supervision of a parole officer. Any violation of those conditions would result in the return of the person to prison. [Duhaime's Legal Dict., 2004]. 3. Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence. [Glossary of Legal Terms (Pro-Se), 2004]. Parol evidence. Rem. Law. 1. That oral evidence presented during the trial of a case with the intention of altering and/or changing the terms of a written contract. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. 2. Oral or verbal evidence; evidence given by word of mouth in court. [Glossary of Legal Terms (Pro-Se), 2004]. Parol evidence rule. Rem. Law. 1. The rule of evidence that when the terms of an agreement have been reduced to writing, it is to be considered as containing all the terms agreed upon and there can be, between the parties and their successorsin-interest, no evidence of such terms other than the contents of the written agreement. [Sec. 9, Rule 130, RoC]. 2. Under the rule, when the terms of an agreement have been
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
818 reduced into writing, it is considered as containing all the terms agreed upon, and there can be, between the parties and their successorsin-interest, no evidence of such terms other than the contents of the written agreement. However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading, the failure of the written agreement to express the true intent of the parties thereto. [MactanCebu Intl. Airport Authority v. CA, GR 121506. Oct. 30, 1996; Sec. 9, Rule 130, RoC]. Parricide. Crim. Law. 1. The felony committed by any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse. [Art. 246, RPC]. 2. Killing one's father or another a family member or close relative. [Duhaime's Legal Dict., 2004]. Parricide. Crim. Law. Elements: (a) A person is killed; (b) the deceased is killed by the accused; (c) the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused. [People v.
Malabago, GR 115686. Dec. 2, 1996, citing Reyes, The Rev. Penal Code, Vol. 2, p. 414 (1993)]. Partial compensation. This takes place when the two obligations are of different amounts and a balance remains unextinguished after the compensation. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare with Total compensation. Partial default, effect of. When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. (Sec. 3(c), Rule 9, RoC]. Partial disability. Diminished capacity for securing employment due to disfigurement produced by an injury, can be considered as partial disability. [Sec. 22, RA 772]. Partiality. 1. Synonymous with "bias.” [Fonacier v. Sandiganbayan, GR L-50691. Dec. 5, 1994, citing 31 Words and Phrases 212]. 2. A disposition to see and report matters as they are wished for rather than as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
819 they are. [Ibid., citing Phil. Law Dict., Moreno, 3rd Ed., p. 103]. Partial succession. Intl. Law. Part of a territory is transferred from one state to another. [Intl. Law Dict. & Direct., 2004]. Particeps criminis. Lat. 1. Criminal partner. [People v. Pamon, GR 102005. Jan. 25, 1993]. 2. One who assists another in any manner in carrying out a fraudulent purpose. [Haw Pia v. China Banking Corp., GR L-554. Apr. 9, 1948, citing Alberger v. White, 23 SW 92, 96]. Participante en el delito. Sp. Participant in the felony. See Particeps criminis. Participating preferred shares. Corp. Law. Those that entitle the holders to participate with holders of common shares in the surplus profits after the amount of the stipulated dividends has been paid to holders of preferred shares and holders of common shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Non-participating preferred shares. Participatory processes. The involvement of all the key sectors of development, from the grassroots to the policy-making bodies of the
National Government, in providing the values and ideas from which strategic development and environmental protection action can come about. [Sec. 3, RA 7611]. Particular average. Mar. Ins. 1. A loss happening to the ship, freight, or cargo which is not shared by contributing among all those interested, but must be borne by the owner of the subject to which it occurs. [Amer. Home Assurance v. CA, GR 94149. May 5, 1992, citing Black's Law Dict., Rev. 4th Ed., p. 172]. 2. A loss to a ship or its cargo which is not to be shared in by contributions from all those interested, but is to be borne by the owner of the injured thing. [Intl. Law Dict. & Direct., 2004]. Compare with General average. Particular lien. A right to retain the property of another on account of labor employed or money expended on that specific property. [Moreno’s Law Dict., 2000 Ed., p. 334]. Particular partnership. A partnership which has for its object determinate things, their use or fruits, or specific undertaking, or the exercise of a profession or vocation. [Art. 1783, CC]. Compare
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
820 with partnership.
Universal
Partisan political activity. See Election campaign. Partition. 1. The separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value. [Art. 1079, CC]. 2. A division between two or more persons of real or personal property which they own as copartners, joint tenants or tenants in common, effected by the setting apart of such interests so that they may enjoy and possess it in severalty. [Villamor v. CA, GR L-41508. June 27, 1988, citing La. Bickham v. Pitts, 171 So. 80, 185, La. 930]. Partners. Two or more persons who carry on a business together and are each fully liable for all the debts of the enterprise but they also share the profits exclusively. [Duhaime's Legal Dict., 2004]. Partnership. 1. A contract whereby two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. [Art. 1767, CC]. 2. A company of two or persons who co-own and
manage a business and who are each liable to the full extent of their personal assets for its debts. An association of two or more persons who co-own and manage a business for profit and who are each liable to the full extent of their personal assets for its debts. [Intl. Law Dict. & Direct., 2004]. Also Joint venture. Partnership by estoppel. A situation where one represents himself to be a partner in an existing partnership without the objection of the partners despite the fact that he is not truly a partner. If someone is misled, there can be liability on the part of the partnership because there is partnership by estoppel. [Albano, Civil Law Reviewer, Rev. Ed., p. 414]. Part performance. The receipt by one of the parties of a certain sum of deposit from the other to give the latter the opportunity in the purchase of the thing object of the contract. [Claridades, A., Compilation of Notes, 2001-2006]. Part-time position. A set of duties and responsibilities not requiring performance for the total number of prescribed working hours per week, specified as normal for the organization in which
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
821 the position is located. [Sec. 3, PD 985]. Partus sequitur ventrem. Lat. The principle that the offspring belongs to the owner of the female. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 289, citing Art. 441, CC]. Party. 1. A political party or a sectoral party or coalition of parties. [Sec. 3, RA 7941]. 2. A person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceeding; but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes. [Sec. 2, Chap. 1, Book VII, EO 292]. 3. A person, business, or government agency actively involved in the prosecution of defense of a legal proceeding. [Glossary of Legal Terms (Pro-Se), 2004]. Party adversely affected. Admin. Law. The person or the respondent employee against whom the administrative disciplinary case is filed. [UP v. CSC, GR 108740. Dec. 1, 1993]. Party-in-interest. One who prosecutes or defends and is benefited or injured. The term applies not only to the
plaintiff but to the defendant, and the suit may be dismissed if neither of them is a real party-ininterest. [Travel Wide Associated Sales (Phils.), Inc. v. CA, GR 77356. July 15, 1991]. Party-list system. A mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the Commission on Elections (COMELEC). Component parties or organizations of a coalition may participate independently provided the coalition of which they form part does not participate in the party-list system. [Sec. 3, RA 7941]. Party-List System Act. RA 7941 entitled “An Act providing for the election of party-list representatives through the party-list system, and appropriating funds therefor” enacted on Mar. 3, 1995. Party wall. A wall used jointly by two parties under easement agreement, erected upon a line separating two parcels of land each of which is a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
822 separate real estate. [Sec. 3, BP 220]. Par value. Face value or value equal to the face of the stocks or bonds. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Par value shares. Corp. Law. 1. Shares issued with a specific money value fixed in the articles of incorporation and appearing in the certificate of stock. Its primary purpose is to fix the minimum subscription or issue price of the shares, thus assuring creditors that the corporation would receive a minimum amount for its stock. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares issued by a company which have a minimum price. [Duhaime's Legal Dict., 2004]. Compare with No par value shares. Passbook. A record of savings account opened with any bank, issued by the latter and should be presented to it in making deposits or withdrawals. Each transaction is entered in the passbook such that at the end of each entry, the outstanding balance of a particular deposit account appears therein. [Moreno’s Law Dict., 2000 Ed., pp. 335336].
Passenger. Any fare paying person being transported and conveyed in and by a motor vehicle for transportation of passengers for compensation, including persons expressly authorized by law or by the vehicle's operator or his agents to ride without fare. [Sec. 373(b), IC]. Passion and obfuscation. Such powerful excitement as to overcome reason and selfcontrol thereby diminishing the exercise of will power. [US v. Salandanan, 1 Phil. 465 (1902)]. Passion and obfuscation. Requisites: (a) There should be an act both unlawful and sufficient to produce such condition of mind; and (b) said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his moral equanimity. [People v. Takbobo, GR 102984. June 30, 1993]. Passive personality principle. Intl. Law. Doctrine that a court has criminal jurisdiction if the victim is a national of the forum state. [Intl. Law Dict. & Direct., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
823 Passive solidarity. A kind of solidarity where there are several debtors and only one creditor [Diaz, Bus. Law Rev., 1991 Ed., p. 24] and where the solidary debtors share equally in the obligation. [Corpus v. Paje, GR L-26737. July 31, 1969, citing Art. 1208, Civil Code]. Compare with Active solidarity. Passive subject. The person from whom the prestation (duty) is demandable, otherwise known as the debtor or obligor. [Torres, Oblig. & Cont., 2000 Ed., p. 25]. Compare with Active subject. Passive subjective novation. A novation, under Art. 1293, Civil Code, which consists in the substitution of a debtor and which may be in the form of expromission (where the initiative comes from a third person) or delegacion (where the initiative comes from the debtor. [Moreno’s Law Dict., 2000 Ed., p. 336]. Passport. 1. An official document of identity and nationality issued to a person intending to travel or sojourn in foreign countries [Phil. Legal Encyc., 1986 Ed., p. 699]. 2. A warrant of protection and authority to travel between nations. [Intl. Law Dict. & Direct., 2000].
Pasuray-suray. Tag. In a zigzag manner. [People v. Siscar, GR L-55649. Dec. 3, 1985]. Patay-gutom. Tag. A derogatory remark connoting abject poverty. [Gonzales v. Arcilla, GR 27923. Nov. 18, 1991]. Patent. 1. An exclusive privilege granted to an inventor to make, use or sale an invention for a set number of years. Normally, no one company can retain a monopoly over a product or service because this is considered to be economically harmful to society. But as a financial incentive to potential inventors, the state grants a temporary monopoly to that inventor through the issuance of a patent. [Duhaime's Legal Dict., 2004]. 2. A grant to an inventor of the right to exclude others for a limited time from make, using, or selling his invention in the (Philippines). [Glossary of Legal Terms (Pro-Se), 2004]. Patentable inventions. Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially capable. [Kho v. CA, GR 115758, Mar. 19-2002].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
824 Patent ambiguity. Extrinsic ambiguity.
See
Paternity. The civil status of a father in relation to the children begotten by him. In its generic sense, it is also used to designate the civil status of a mother in relation to the children begotten by her. [Jurado, Civil Law Reviewer, 19th Ed. (1999), p. 196]. Compare with Filiation. Pathologist. A duly registered physician who is specially trained in methods of laboratory medicine, of the gross and microscopic study and interpretation of tissues, secretions and excretions of the human body and its functions in order to diagnose disease, follows its course, determine the effectivity of treatment, ascertain cause of death and advance medicine by means of research. [Sec. 2, RA 5527]. Pathwalk or footpath. A public way intended for pedestrian and which cuts across a block to provide access to adjacent streets or property with maximum length of 100 meters if connecting to roads and 50 meters if terminating in a dead end. [Sec. 3, BP 220].
Patikim. Tag. This is a typical and laudable provinciano trait of sharing, a native way of expressing gratitude for favor received. [Caballes v. DAR, GR L-78214. Dec. 5, 1988]. Patria potestas. A Roman law concept of the sum total of the rights of parents over the person and property of their children. [Moreno’s Law Dict., 2000 Ed., p. 336]. Patrimonial property. Property over which the State has the same rights, and of which it may dispose, to the same extent as private individuals in relation to their own property, subject only to the administrative laws and regulations on the procedure of exercising such rights. They exist for the State for attaining its economic ends, as a means for its subsistence, and the preservation of its natural organism. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 37, citing 3 Manressa 95-96]. Patrimonial sea or economic zone. Intl. Law. That expanse of sea extending two hundred nautical miles from the coast or baselines of the state over which it asserts exclusive jurisdiction and ownership over all living and non-living
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
825 resources found therein. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 75]. Patrimony. In its plain and ordinary meaning, the term pertains to heritage. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997, citing Webster's 3rd New Intl. Dict., 1986 Ed., p. 1656]. See National patrimony. Pauper. A person so poor that he must be supported at public expense; also a suitor who, on account of poverty, is allowed to sue or defend without being chargeable with costs. [Enaje v. Ramos, GR L-22109. Jan. 30, 1970, citing Black's Law Dict., p. 629]. Compare with Indigent. Pauper litigant. An indigent suitor at law. [Moreno’s Law Dict., 2000 Ed., p. 336]. Pawn. The personal property delivered by the pawner to the pawnee as security for a loan. [Sec. 3, PD 114]. Pawnee. The pawnshop or pawnbroker. [Sec. 3, PD 114]. Pawner. The borrower from a pawnshop. [Sec. 3, PD 114]. Pawnshop. A person or entity engaged in the business of lending money on personal property delivered as
security for loans and shall be synonymous, and may be used interchangeably, with pawnbroker or pawnbrokerage. [Sec. 3, PD 114]. Pawnshop Regulation Act. PD 114 signed into law on Jan. 29, 1973. Pawn ticket. The pawnbrokers' receipt for a pawn. It is neither a security nor a printed evidence of indebtedness. [Sec. 3, PD 114]. Pay. n. Compensation; wages; salary; commission; fees. v. to discharge a debt by tender of payment due; to deliver to a creditor the value of a debt, either in money or goods, for his acceptance. [Black’s Law Dict., Abr. 5th Ed. (1983), 587]. Payable on demand. instrument which: (a) expressed to be payable demand, or at sight, or presentation; or expresses no time payment. [Sec. 7, NIL].
An is on on (b) for
Payable to bearer. The instrument is payable to bearer: (a) when it is expressed to be so payable; or (b) when it is payable to a person named therein or bearer; or (c) when it is payable to the order of a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
826 fictitious or non-existing person, and such fact was known to the person making it so payable; or (d) when the name of the payee does not purport to be the name of any person; or (e) when the only or last indorsement is an indorsement in blank. [Sec. 9, NIL]. Payable to order. The instrument drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of (a) a payee who is not maker, drawer, or drawee; or (b) the drawer or maker; or (c) the drawee; or (d) two or more payees jointly; or (e) one or some of several payees; or (f) the holder of an office for the time being. [Sec. 8, NIL]. Payao. A fish aggregating device consisting of a floating raft anchored by a weighted line with suspended materials such as palm fronds to attract pelagic and schooling species common in deep waters. [Sec. 4, RA 8550]. Payee. 1. The party to whom the promise is made or the instrument is payable; the party in whose favor the bill is drawn or is payable. 2. The person to whom payment is addressed or given. In family law, the term usually refers to the
person who receives or to whom support or maintenance is owed. In commercial law, the term refers to the person to whom a bill of exchange is made payable. On a regular check, the space preceded with the words “Pay to the order of” identifies the payee. [Duhaime's Legal Dict., 2004]. See Maker. Paying bank. The bank on which the drafts are to be drawn. [Bank of America v. CA, GR 105395. Dec. 10, 1993]. Payment. It means not only the delivery of money but also the performance, in any other manner, of an obligation. [Art. 1232, CC]. It is synonymous with performance. [Diaz, Bus. Law Rev., 1991 Ed., p. 35]. Payment by cession. A special form of payment whereby the debtor assigns or abandons all his properties for the benefit of his creditors in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of their credits. [Diaz, Bus. Law Rev., 1991 Ed., p. 43, citing Art. 1255, CC]. Payment by cession. Requisites: (a) There must be two or more creditors; (b) the debtor must be at least
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
827 partially if not totally insolvent; (c) the cession must be accepted by the creditors. [Diaz, Bus. Law Rev., 1991 Ed., p. 43-44]. Payment for honor. Nego. Inst. Payment made by a person, whether a party to a bill or not, after it has been protected for non-payment, for the benefit of any party liable thereon or for the benefit of the person for whose account it was drawn. [Claridades, A., Compilation of Notes, 2001-2006]. Payment in due course. Nego. Inst. Payment made at or after the maturity of the payment to the holder thereof in good faith and without notice that his title is defective. [Art. 88, Art. 2031]. Payment, special forms of. The special forms of payment under the Civil Code are: (a) dation in payment; (b) application of payments; (c) payment by cession; and (d) tender of payment and consignation. [Diaz, Bus. Law Rev., 1991 Ed., p. 39]. Payment stopped. A banking phrase indicating that the check was not paid because there was a stop payment order from the drawer thereof. [Moreno’s Law Dict., 2000 Ed., p. 337].
Payor. The person who is making the payment(s). In the context of family law, the word would typically refer to the person to a support or maintenance debtor. In commercial law, the word refers to the person who makes the payment on a check or bill of exchange. [Duhaime's Legal Dict., 2004]. Payroll period. A period for which payment of wages is ordinarily made to the employee by his employer. [Sec. 78, NIRC, as amended]. Payroll reinstatement. A form of reinstatement which an employer may opt to exercise in lieu of an actual reinstatement. Here, the illegally dismissed employee is to receive his basic pay without the obligation of rendering any service to the employer. This occurs when a Labor Arbiter decides that an employee was illegally dismissed and as a consequence awards reinstatement, pursuant to Art. 279 of the Labor Code. [Labitag, Answers to 2005 Bar Exams Questions, UP Law Complex]. PDEA. The Philippine Drug Enforcement Agency created under Sec. 82, Art. IX of RA 9165. [Sec 3, RA 9165].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
828 Peace. The state of quiet or tranquility; freedom from disturbance. [Moreno’s Law Dict., 2000 Ed., p. 337]. Pearl farm lease. Public waters leased for the purpose of producing cultured pearls. [Sec. 4, RA 8550]. Peccata minuta. Minute errors, as in a testimony. [Moreno’s Law Dict., 2000 Ed., p. 337]. Harmless oversight. [Peroxide Phils. Corp. v. CA, GR 92813. July 31, 1991]. Pecuniary. Monetary; relating to money; financial; consisting of money or that which can be valued in money. [Black’s Law Dict., Abr. 5th Ed. (1983), 589]. Peddler. 1. Any person who, either for himself or on commission, travels from place to place and sells his goods or offers to sell and deliver the same. [Sec. 131, RA 7160]. 2. A person who travels about the country with merchandise for the purpose of selling it; he is an itinerant trader who carries goods about in order to sell them. He is an itinerant individual, ordinarily without local habitation or place of business, who travels about the country carrying commodities for sale. [Ram Singh v. Insular Collector of
Customs, GR 13669. Oct. 25, 1918]. Pedestrian lane. The area designed by law for pedestrians to cross a street. [Moreno’s Law Dict., 2000 Ed., pp. 337-338]. Pedigree. Lineage, descent, and succession of families; line of ancestors from which a person descends; genealogy. An account or register of a line of ancestors. Family relationship. [Black’s Law Dict., Abr. 5th Ed. (1983), 589]. Pedophile. A person afflicted with Pedophilia, a sexual perversion in which children are preferred as sexual partner. [Duhaime's Legal Dict., 2004]. Pedophilia. Legal Med. 1. A psycho-sexual perversion involving children. [Harvey v. Defensor-Santiago, GR L82544. June 28, 1988, citing Kraft-Ebbing Psychopatia Sexualis, p. 555]. 2. A sexual perversion wherein a person has the compulsive desire to have coitus with a child of either sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Penal clause in an obligation. 1. An accessory undertaking to assume greater liability in case of breach of the obligation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
829 [Diaz, Bus. Law Rev., 1991 Ed., p. 31]. 2. An accessory obligation which the parties attach to a principal obligation for the purpose of insuring the performance thereof by imposing on the debtor a special prestation (generally consisting in the payment of a sum of money) in case the obligation is not fulfilled or is irregularly or inadequately fulfilled. [Country Bankers Ins. Corp. v. CA, GR 85161. Sep. 9, 1991 citing, Caguioa, Comments and Cases on Civil Law, Vol. IV, 1st Ed., pp. 199-200]. Penal clause in an obligation. Kinds: (a) subsidiary penal clause where only the penalty can be imposed; and (b) joint penal clause where both the principal obligation and the penal clause can be enforced. [Diaz, Bus. Law Rev., 1991 Ed., p. 31] Penal Code. See Revised Penal Code, The. Penal law. Punishment imposed and enforced by the state for a crime or offense against its law. [People v. Moran, GR 17905. Jan. 27, 1923]. Penal statutes. Those laws by which punishments are imposed for some violation or transgression of some of
their provisions. [Rilloraza v. Arciaga, GR L-23848. Oct. 31, 1967, citing 31 Words & Phrases, Perm. Ed., p. 589]. Penalty. It signifies pain. In its juridical sphere, it means the suffering undergone, because of the action of society, by one who commits a crime. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 199]. Penalty charges. Such amount, in addition to interest, imposed on the credit card holder for nonpayment of an account within a prescribed period. [Sec. 3, RA 8484]. Pena perpetua. Sp. Perpetual penalties. [People v. Reyes, GR 101127-31. Aug. 7, 1992, citing Art. 70, RPC]. Pendente lite. Lat. During litigation. For example, if the validity of a will is challenged, a court might appoint an administrator pendente lite with limited powers to do such things as may be necessary to preserve the assets of the deceased until a hearing can be convened on the validity of the will. Another example is an injunction pendente lite, to last only during the litigation and, again, designed simply to preserve something until the decisive
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
830 court order is issued. [Duhaime's Legal Dict., 2004]. Pending petition. In the Securities and Exchange Commission, an ongoing adjudication and full-blown hearing on the merits of the corporation’s claim for suspension of payments. [Moreno’s Law Dict., 2000 Ed., p. 339]. Penology. 1. The science of prison management and rehabilitation of criminals. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 590]. The various means of fighting crimes as regards penalties and other measures of security. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 15]. Pension. 1. To a public servant, it is not a gratuity but rather a form of deferred compensation for services performed and his right to it commences to vest upon his entry into the retirement system and becomes an enforceable obligation in court upon fulfillment of all conditions under which it is to be paid. [Profeta v. Drilon, GR 104139. Dec. 22, 1992]. 2. It is a gratuity only when it is granted for services previously rendered, and which at the time they were rendered gave rise to no legal obligation. [Pirovano v.
Dela Rama Steamship, Co. GR L-5377. Dec. 29, 1954, citing Words & Phrases, Permanent Ed., p. 675]. Pensioner. 1. An SSS or GSIS member who receives pensions therefrom. [Sec. 1, RA 9241]. 2. Any person who receives old-age or disability pension whether in lump sum or otherwise [Sec. 2, PD 1146]. People. 1. Pol. Law. A body politic; the qualified voters granted the right to vote by the existing Constitution and who therefore are "the sole organs through which the will of the body politic can be expressed.” [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973, citing In re Opinion of Justices, 115 NE Rep. 922923]. 2. Intl. Law. The inhabitants of a state. They are regarded as a single unit and must come from both sexes as to be able to perpetuate themselves. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 36]. People power revolution. The February 1986 revolution, a relatively peaceful one, where the Filipino people tore themselves away from an existing regime. This revolution also saw the unprecedented rise to power of the Aquino government.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
831 [In Re: Puno, AM 90-112697-CA. June 29, 1992]. People’s initiative. Const. Law. The power of the people to propose amendments to the Constitution, or to propose and enact legislations through an election called for the purpose. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 16]. People's organization (PO). 1. A bonafide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s who voluntarily band themselves together to work for and by themselves for their own upliftment, development and greater good. [Sec. 4, RA 8550]. 2. A self-help group belonging to the basic sectors and/or disadvantaged groups composed of members having a common bond of interest who voluntarily join together to achieve a lawful common social or economic end. [Sec. 3, RA 8425]. Peptic ulcer. A stomach ulcer, an ulcer of the duodenum (the first part of the small intestine), or an ulcer in the lower part of the esophagus (gullet). [Landicho v. WCC, GR L-
45996. Mar. 26, 1979, citing Atty.’s Dict. of Med., Schmidt ]. Per capita. Lat. By the heads or polls; according to the number of individuals; share and share alike. [Black’s Law Dict., Abr. 5th Ed. (1983), 591]. Compare with Per stirpes. Per curiam. Lat. By the court. An opinion which expresses the decision in the case but which does not identify the judge who wrote it. [Intl. Law Dict. & Direct., 2004]. Per curiam decision. An opinion of the Court as a whole, there being no ponente although any member of the Court may be assigned to write the draft. [Prudential Bank v. Castro, AC 2756. Mar. 15, 1988]. Per curiam opinion. An unsigned opinion of the court. [Glossary of Legal Terms (Pro-Se), 2004]. Per diem. A daily allowance given for each day an officer or employee was away from his home base. [Lexal Laboratories v. National Chemical Industries Workers Union, GR L-24632. Oct. 26, 1968]. Perfection of an appeal. Labor. The filing within the prescribed period, of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
832 memorandum of appeal containing, among others, the assignment of error/s, the argument in support thereof, the reliefs sought and posting of the appeal bond. [Sec. 1, Rule 1, Book 5, IRR of LC]. Perfection (of the contract). (That stage which) takes place upon the concurrence of the essential elements (of the contract). [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. Compare with Negotiation and Consummation. Perform. The word applies to one who plays a musical composition on a piano, thereby producing in the air sound waves which are heard as music, and if the instrument he plays on is a piano plus a broadcasting apparatus, so that waves are thrown out, not only upon the air, but upon the other, then also he is performing the musical composition. [Fil. Soc. of Composers, Authors And Publishers, Inc. v. Tan, GR L-36402. Mar. 16, 1987, citing Buck v. Russon, No. 4489 25 F. Supp. 317]. Performance bond. 1. A bond in cash, certified or cashier's check, or surety, required of winning bidders to guarantee performance of an order or contract. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC]. 2. A bond designed to afford the project owner security that the bidder, now the contractor, will faithfully comply with the requirements of the contract awarded to the contractor and make good damages sustained by the project owner in case of the contractor's failure to so perform. [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989]. Compare with Proposal bond. Performance budget. Budget which estimates target revenues and expenses for a given budget period. [Sec. 27, PD 625]. Performance for profit. Within the Copyright Law, the playing of music in dine and dance establishment which was paid for by the public in purchases of food and drink. [Fil. Soc. of Composers, Authors And Publishers, Inc. v. Tan, GR L36402. Mar. 16, 1987, citing Buck v. Russon, No. 4489 25 F. Supp. 317]. Performance of duties. The legal exercise of the functions of the person or his agent in authority. [Moreno’s Law Dict., 2000 Ed., p. 340]. Performance of illegal marriage ceremony. Crim.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
833 Law. The felony committed by priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony. [Art. 352, RPC]. Performers. Actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in, interpret, or otherwise perform literary and artistic work. [Sec. 202, RA 8293]. Perils of the seas. Also Perils of navigation. 1. All kinds of marine casualties, such as shipwreck, foundering, stranding, collision and every specie of damage done to the ship or goods at sea by the violent action of the winds or waves. They do not embrace all loses happening on the sea. [Choa Tiek Seng v. CA, GR 84507. March 15, 1990]. 2. Extraordinary happenings of the seas, including stranding, sinking, collision of the vessel, damage due to unusually heavy weather. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109]. Period. Length of existence; duration. A point of time marking a termination as of a cause or an activity; an end, a limit, a bound; conclusion; termination. A series of years, months or
days in which something is completed. A time of definite length; the period from one fixed date to another fixed date. [Capiral v. Manila Electric Co., 119 Phil. 124 (1963), cited in Moreno, Phil. Law Dict., 3rd Ed.]. Period. Kinds: (a) suspensive period (ex die) where the obligation begins only from a day certain upon the arrival of the period; (b) resolutory period (in diem) in which the obligation takes effect at once but terminates upon the arrival of the period; (c) legal period which is fixed by law; (d) conventional or voluntary period which is agreed upon by the parties; and (e) judicial period which is fixed by the courts. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Periodical. A publication which appears regularly but less often than daily. [Glossary of Legal Terms (Pro-Se), 2004]. Periodic payment of plan certificate. (a) Any certificate, investment contract, or other security providing for a series of periodic payments by the holders, and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of such
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
834 payments, and (b) any security the issuer of which is also issuing securities of the character described in clause (a) and the holder of which has substantially the same rights and privileges as those which holders of securities of the character described in said clause have upon completing the periodic payments for which such securities provide. [Sec. 3, RA 2629]. Peripheral neuritis. A syndrome of sensory motor, reflect and basomotor reflex symptoms produced by lesion of nerve root on peripheral nerves. [Galanida v. ECC, GR L-70660. Sep. 24, 1987]. Perishable goods. Those which decay and lose their value if not speedily put to their intended use. [Moreno’s Law Dict., 2000 Ed., p. 340]. Peritonitis. Massive infection, in the abdominal cavity. [People v. Ritter, GR 88582. Mar. 5, 1991]. Perjury. 1. The willful and corrupt assertion of falsehood under oath or affirmation administered by authority of law on a material matter. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 479]. 2. The criminal offense of making a
false statement under oath. [Glossary of Legal Terms (Pro-Se), 2004]. 3. An intentional lie given while under oath or in a sworn affidavit. [Duhaime's Legal Dict., 2004]. Perjury. Elements: (a) Statement in the affidavit upon material matter made under oath; (b) The affiant swears to the truthfulness of the statements is his affidavit before a competent officer authorized to administer oath; (c) There is a willful and deliberate assertion of falsehood; and (d) Sworn statement containing the falsity is required by law. [People v. Bautista (C.A., 40 OG 2491)]. Permanent forest or forest reserves. Those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes. [Sec. 3, PD 705]. Permanent injunction. A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
835 Permanent partial disability. 1. It accrues or arises when the loss reduction of earning capacity amounts to less than seventy-five percent or when the aggregate loss or reduction of earning capacity resulting from more than one injury and/or diseaseamounts to less than one hundred percent, as a result of an irrecoverable anatomical loss. [Sec. 2, PD 1146]. 2. A disability is partial permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body. [Abaya v. ECC, GR 64255. Aug. 16, 1989, citing Sec. 2, Rule VII, Amended Rules on Employees' Compensation]. Permanent Protection Order or PPO. Protection order issued by the court after notice and hearing. [Sec. 16, RA 9262]. Compare with Temporary Protection Order. Permanent statute. A statute whose operation is not limited to a particular period of time but which continues in force until it is duly altered or repealed. E.g.: Labor Code. [Suarez, Stat. Con., (1993), p. 95]. Compare with Temporary statute.
Permanent total disability. 1. Disablement of an employee to earn wages in the same kind of work, or work of a similar nature that she was trained for or accustomed to perform, or any kind of work which a person of her mentality and attainment could do. [Tolosa v. ECC, GR 60509, May 8, 1985, 136 SCRA 335, 340 citing Landicho v. WCC; Marcelino v. 7-Up, GR L30443, Oct. 31, 1972, 47 SCRA 343]. 2. Inability to do substantially all material acts necessary to prosecution of an occupation for remuneration or profit in substantially customary and usual manner. [Phil. Law Dict., 3rd Ed. (1988) citing Salonga v. GSIS, 57 OG 5722]. 3. The lack of ability to follow continuously some substantially gainful occupation without serious discomfort or pain and without material injury or danger to life. [Medina v. ECC, GR 62406, Mar. 22, 1984, 128 SCRA 349, 356]. Compare with Temporary total disability. Permissive counterclaim. A counterclaim which does not arise out of nor is necessarily connected with the subject matter of the opposing party's claim. It is not barred even if not set up in the action. [Lopez v. Gloria, 40
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
836 Phil. 26]. Compare with Compulsory counterclaim.
void. [Duhaime's Legal Dict., 2004].
Permissive joinder of parties. The act of joining as plaintiffs or being joined as defendants in one complaint all persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action. [Sec. 6, Rule 3, RoC].
Perpetuity. Forever; of unlimited duration. There is a strong bias in the law against things that are to last in perpetuity. Rights that are to last forever are said to hinder commerce as an impediment to the circulation of property. That is why there is a rule against perpetuities. [Duhaime's Legal Dict., 2004].
Permit. Not a contract, by its nature, but a special privilege. [Moreno’s Law Dict., 2000 Ed., p. 341]. Permittee. The holder of an exploration permit. [Sec. 3, RA 7942]. Perpetuities, rule against. A common law rule that prevents suspending the transfer of property for more then 21 years or a lifetime plus 21 years. For example, if a will proposes the transfer of an estate to some future date, which is uncertain, for either more than 21 years after the death of the testator or for the life of a person identified in the will and 21 years, the transfer is
Person. 1. Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations. [Sec 3, RA 9165]. 2. Every natural or juridical being, susceptible of rights and obligations or of being the subject of legal relations. [Sec. 131, RA 7160]. 3. An individual, partnership, association, corporation or any other combination of individuals. [Sec. 3, BP 39]. 4. An individual, trustee, receiver, or other fiduciary, partnership, corporation, business trust or other association, and two more persons having a joint or common interest. [Sec. 3, PD 115].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
837 Personal action. An action brought for the recovery of personal property, of the enforcement of some contract or recovery of damages for the commission of an injury the person or property. [Hernandez v. DBP, GR L-31095. June 18, 1976]. Compare with Real action. Personal canvass. A mode of procurement allowed as an exception to public bidding whereby designated canvassers request price quotations from at least three (3) responsible suppliers in the locality. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Personal cultivation. Cultivation by the lessee or lessor in person and/or with the aid of labor from within his immediate household. [Sec. 166, RA 3844]. Personal easement. A restrictive covenant, annotated on the title, against erecting any building within a specified distance from a given line, and constituting a limitation on ownership, imposed by the party transmitting property by contract or imposed by the owner itself. [Moreno’s Law Dict., 2000 Ed., p. 342]. Personal health Health Services
services. in which
benefits accrue to the individual person. These are categorized into inpatient and outpatient services. [Sec. 1, RA 9241]. Personal holding company income. The portion of the gross income which consists, inter alia, of dividends, without any qualification at all as to the term dividends, i.e., all dividends earned by the company whether or not such dividends have already been subject to the 10% final tax. [Moreno’s Law Dict., 2000 Ed., p. 342]. Personality to sue, lack of. It refers to the fact that the plaintiff is not the real party in interest. [Columbia Pictures v. CA, GR 110318. Aug. 28, 1996]. Compare with Capacity to sue, lack of. Personal jurisdiction. Pol. Law. The power of jurisdiction of the state over its nationals, which may be exercised by the state even if the individual is outside the territory of the state. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 34]. Personal liability. Corp. Law. Personal liability of a corporate director, trustee or officer along (although not necessarily) with the corporation may so validly attach, as a rule, only when
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
838 — (a) he assents (1) to a patently unlawful act of the corporation, or (2) for bad faith, or (3) for conflict of interest, resulting in damages to the corporation, its stockholders or other persons; (b) he consents to the issuance of watered stocks or who, having knowledge thereof, does not forthwith file with the corporate secretary his written objection thereto; (c) he agrees to hold himself personally and solidarily liable with the corporation; or (d) he is made, by a specific provision of law, to personally answer for his corporate action. [Tramat Mercantile, Inc. v. CA, GR 111008. Nov. 7, 1994]. Personal novation. Also Subjective novation. The extinguishment of an obligation by a subsequent one which terminates it, either by substituting a new debtor in place of the old one, or by subrogating a third person to the rights of the creditor. [Caned v. CA, GR 81322. Feb. 5, 1990]. Compare with Real novation or Objective Novation. Personal property. Anything a person owns other than real estate. [Glossary of Legal Terms (Pro-Se), 2004].
Personal recognizance. In criminal proceedings, the pretrial release of a defendant without bail upon his promise to return to court. [Glossary of Legal Terms (Pro-Se), 2004]. See also Recognizance. Personal representative. The person who administers an estate. If named in a will, that person's title is an executor. If there is no valid will, that person's title is an administrator. [Glossary of Legal Terms (Pro-Se), 2004]. Personal service of pleadings and other papers. Service of papers made by delivering personally a copy thereof to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, or he has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion then residing therein. [Sec. 6, Rule 13, RoC]. Personal service of summons. Handing a copy of the summons to the defendant in person, whenever practicable, or, if
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
839 he refuses to receive and sign for it, by tendering it to him. [Sec. 6, Rule 14, RoC]. Personal servitude. A servitude constituted not in favor of a particular tenement (a real servitude) but rather, for the benefit of the general public. In a personal servitude, there is therefore no owner of a dominant tenement to speak of, and the easement pertains to persons without a dominant estate, in this case, the public at large. [Solid Manila Corp. v. Bio Hong Trading, GR 90596. Apr. 8, 1991]. Personal tax. Tax of fixed amount upon all persons of a certain class within the jurisdiction without regard to property, occupation or business in which they may be engaged. [Claridades, A., Compilation of Notes, 20012006]. Personal union. Intl. Law. It comes into being when two or more states are brought together under the same monarch, who nevertheless does not constitute one international person for the purpose of representing all of them. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Compare with Real union. Person in authority. 1. Any person directly vested with
jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. 2. Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission. A barrio captain and a barangay chairman shall also be deemed a person in authority. In applying the provisions of Art. 148 and 151 of the Rev. Penal Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. [Art. 152, RPC, as amended by PD 299 and BP 873]. Person liable for tax. A person subject to tax and properly considered a taxpayer. [Comm. of Int. Rev. v. Procter & Gamble Phil. Manufacturing Corp., GR 66838. Dec. 2, 1991]. Personnel action. The movement of personnel in the civil service and includes appointment through certification, promotion, transfer, reinstatement, re-
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
840 employment, detail, reassignment, demotion, and separation. [Cruz v. CA, GR 119155. Jan. 30, 1996]. Personnel officer. The highest Administrative Officer/Human Resource Management Officer in the unit, section or department and/or agency or any person acting in such capacity as authorized by the head of office. [CSC Circ. 43-91]. Personnel or staff of illegal numbers game operation. Any person, who acts in the interest of the maintainer, manager or operator, such as, but not limited to, an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel performing such similar functions in a building structure, vessel, vehicle, or any other place where an illegal numbers game is operated or conducted. [Sec. 2, RA 9287]. Persons primarily liable on instrument. Nego. Inst. The person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily" liable. [Sec. 192, NIL]. Person with HIV. individual whose HIV indicates, directly
An test or
indirectly, that he/she is infected with HIV. [Sec. 4, RA 8496]. Per stirpes. Lat. By roots or stocks; by representation. [Black’s Law Dict., Abr. 5th Ed. (1983), 5971]. Compare with Per capita. Pesada. A receipt issued by copra dealer for the purchase of coconut and copra. [Moreno’s Law Dict., 2000 Ed., p. 343]. Pesticide. Any substance or product, or mixture thereof, including active ingredients, adjuvants, and pesticide formulations, intended to control, prevent, destroy, repel or mitigate directly or indirectly, any pest. The term shall be understood to include insecticide, fungicide, bactericide, nematocide, herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant, desciccant and the like. [Sec. 3, PD 1144]. Pest infested. A tree severely damaged by rhino beetle, spike month, caterpillar and other destructive insects and animals. [Sec. 3, PCA Admin. Order 1-95]. Petition. 1. Rem. Law. The formal, written document submitted to a court, and which asks for the court to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
841 redress what is described in the petition as being an injustice of some kind. Petitions set out the facts, identifies the law under which the court is being asked to intervene, and ends with a suggested course of action for the court to consider (e.g., payment of damages to the plaintiff). [Duhaime's Legal Dict., 2004]. 2. Elec. Laws. The written instrument containing the proposition and the required number of signatories. It shall be in a form to be determined by and submitted to the Commission on Elections. [Sec. 3, RA 6735]. Petitioner. The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. [Glossary of Legal Terms (Pro-Se), 2004]. See Respondent. Petition for relief from judgment. Rem. Law. A special remedy in which equity and justice justify the grant to give the petitioner a last chance to defend his right or protect his interest. It is available only after a decision or judgment from which relief is sought has became final and executory. [Garcia v. CA, GR 96141. Oct. 2, 1991].
Petroleum. 1. The naturally occurring mixture of compounds of hydrogen and carbon with a small proportion of impurities and shall include any mineral oil, petroleum gas, hydrogen gas, bitumen, asphalt, mineral wax, and all other similar or naturallyassociated substances, with the exception of coal, peat, bituminous shale and/or other stratified mineral fuel deposits. [Sec. 4, RA 8479]. 2. Any mineral oil hydrocarbon gas, bitumen, asphalt, mineral gas and all other similar or naturally associated substances with the exception of coal, peat, bituminous shale and/or other stratified mineral fuel deposits. [Sec. 3, PD 87]. Petroleum Act of 1949. RA 387, as amended, entitled “An Act to promote the exploration, development, exploitation, and utilization of the petroleum resources of the Philippines; to encourage the conservation of such petroleum resources; to authorize the Sec. Of Agriculture And Natural Resources to create an Administration Unit and a Technical Board in the Bureau of Mines; to appropriate funds therefor; and for other purposes” enacted on June 18, 1949.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
842 Petroleum in commercial quantity. Petroleum in such quantities which will permit its being economically developed as determined by the contractor after taking into consideration the location of the reserves, the depths and number of wells required to be drilled and the transport and terminal facilities needed to exploit the reserves which have been discovered. [Sec. 3, PD 87]. Petroleum operations. Searching for and obtaining petroleum within the Philippines through drilling and pressure or suction or the like, and all other operations incidental thereto. It includes the transportation, storage, handling and sale (whether for export or for domestic consumption) of petroleum so obtained but does not include any: (a) transportation of petroleum outside the Philippines; (b) processing or refining at a refinery; or (c) any transactions in the products so refined. [Sec. 3, PD 87]. Petroleum products. Products formed in the course of refining crude petroleum through distillation, cracking, solvent refining and chemical treatment coming out as primary stocks from the
refinery such as, but not limited to: LPG, naphtha, gasolines, solvent, kerosenes, aviation fuels, diesel oils, fuel oils, waxes and petrolatums, asphalt, bitumens, coke and refinery sludges, or such refinery petroleum fractions which have not undergone any process or treatment as to produce separate chemically-defined compounds in a pure or commercially pure state and to which various substances may have been added to render them suitable for particular uses: Provided, That the resultant product contains not less than fifty percent (50%) by weight of such petroleum products. [Sec. 4, RA 8479]. Pettifogger. A petty or underhanded lawyer or an attorney who sustains a professional livelihood on disreputable or dishonorable business. The word has also taken on an common usage definition referring to anyone prone to quibbling over details. [Duhaime's Legal Dict., 2004]. Petty offense. A minor crime and for which the punishment is usually just a small fine or short term of imprisonment. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
843 Pharmaceutical laboratory. See Drug laboratory. Pharmaceuticals, proprietary medicines or pharmaceutical specialties. Any drug, preparation or mixture of drugs marked under a trade name and intended for the cure, mitigation or prevention of disease in man or animals. [Sec. 42, RA 5921]. Pharmacy or drug store. A place or establishment where drugs, chemical products, active principles of drugs, pharmaceuticals, proprietary medicines or pharmaceutical specialties, devices, and poisons are sold at retail and where medical, dental and veterinary prescriptions are compounded and dispensed. [Sec. 42, RA 5921]. Pharmacy, practice of. A person shall be deemed to be practicing pharmacy who shall, for fee, salary, percentage or other reward paid or given directly to himself or indirectly through another, prepare or manufacture, analyze, assay, preserve, store, distribute or sell any medicine, drug, chemicals, cosmetics, pharmaceuticals, devices or contrivances used in pursuance thereof; or render pharmaceutical
service in any office or drug and cosmetic establishment where scientific, technological or professional knowledge of pharmacy is applied; or engage in teaching scientific, technological or professional pharmacy subject in a college of pharmacy; or conduct or undertake scientific pharmaceutical research for biological and bacteriological testings and examinations. [Sec. 23, RA 5921]. Philippine AIDS Prevention and Control Act of 1998. RA 8504 entitled “An act promulgating policies and prescribing measures for the prevention and control of HIV/AIDS in the Philippines, instituting a nationwide HIV/AIDS information and educational program, establishing a comprehensive HIV/AIDS monitoring system, strengthening the Philippine National AIDS Council, and for other purposes” enacted on Feb. 13, 1998. Philippine Amusements and Gaming Corporation (PAGCOR). A government corporation created by virtue of PD 1067-A dated Jan. 1, 1977 and granted a franchise under PD 1067-B also dated Jan. 1, 1977 "to establish, operate and maintain gambling casinos
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
844 on land or water within the territorial jurisdiction of the Philippines.” [Basco v. PAGCOR, GR 91649. May 14, 1991]. Philippine Carabao Act of 1992. RA 7307 entitled “An Act creating the Philippine Carabao Center to propagate and promote the Philippine carabao and for other purposes” enacted on Mar. 27, 1992. Philippine corporation. A corporation organized under Philippine laws at least sixty per cent of the capital of which is owned and held by citizens of the Philippines. [Sec. 3, PD 87]. Philippine energy plan (PEP). The overall energy program formulated and updated yearly by the DOE for submission to Congress pursuant to RA 7638. [Sec. 4, RA 9136]. Philippine Environment Code. PD 1152 signed into law on June 6, 1977. Philippine Extradition Law. PD 1069 entitled “Prescribing the procedure for the extradition of persons who have committed crimes in a foreign country” signed into law on Jan. 13, 1977. Philippine Fisheries Code of 1998, The. RA 8550
entitled “An Act providing for the development, management and conservation of the fisheries and aquatic resources, integrating all laws pertinent thereto, and for other purposes” enacted on Feb. 25, 1998. Philippine vessel registered laws. [Sec.
flag vessel. A or watercraft under Philippine 3, PD 474].
Philippine highway. Any road, street, passage, highway and bridges or any part thereof, or railway or railroad within the Philippines, used by persons or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles or property or both. [Sec. 2, PD 532]. Philippine languages. The indigenous languages of the Philippines, including the national language and the regional and local languages. [Sec. 3, RA 7104]. Philippine Librarianship Act. RA 6966 entitled “An Act regulating the practice of librarianship and prescribing the qualifications of librarians” enacted on Sep. 19, 1990.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
845 Philippine Medical Care Commission. The Philippine Medical Care Commission created under RA 6111, as amended. [Sec. 1, RA 9241]. Philippine Midwifery Act of 1992. RA 7392 entitled “An Act revising Republic Act No. 2644, as amended, otherwise known as the Philippine Midwifery Act” enacted on Apr. 10, 1992. Philippine Mining Act of 1995. RA 7942 entitled “An Act instituting a new system of mineral resources exploration, development, utilization, and conservation” enacted on Mar. 3, 1995. Philippine national. A citizen of the Philippines; or a partnership or association wholly owned by and composed of citizens of the Philippines; or a corporation organized under the laws of the Philippines of which at least sixty per cent of the capital stock outstanding and entitled to vote is owned and held by Philippine citizens; or a trustee of funds for pensions or other employee retirement or separation benefits, where the trustee is a Philippine national and at least sixty per cent of the funds will accrues to the benefit of the Philippine nationals: Provided, That where a
corporation and its nonFilipino stockholders own stock in an enterprise, at least sixty percent of the members of the governing board of both corporations must be Philippine nationals. [Sec. 3, PD 474]. Philippine national drug formulary. The essential drugs list for the Philippines which is prepared by the National Drug Committee of the DOH in Consultation with experts and specialists from organized profession medical societies, medical academe and the pharmaceutical industry, and which is updated every year. [Sec. 1, RA 9241]. Philippine National Police Reform and Reorganization Act of 1998. RA 8551 entitled “An Act providing for the reform and reorganization of the Philippine National Police and for other purposes, amending certain provisions of Republic Act Numbered Sixty-Nine Hundred and Seventy-Five entitled, "An Act establishing the Philippine National Police under a re-organized Department of the Interior and Local Government, and for other purposes” enacted on Feb. 25, 1998. Philippine Shipping
Overseas Development
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
846 Act. RA 7471 entitled “An Act to promote the development of Philippine overseas shipping” enacted on May 5, 1992. Philippine passport. An official document of identity of Philippine citizenship of the holder issued for travel purposes. [Sec. 48, Title 1, Chap. I, EO 292]. Philippine Reports. Abbrev. Phil. Publication of court decisions of the Supreme Court from 1901 to 1960. [Claridades, A., Compilation of Notes, 2001-2006]. Philippine science high schools (PSHS). Secondary schools offering scholarships to deserving students who shall be admitted and trained under a curriculum specially designed to prepare them for careers in Science and Technology (S&T). [Sec. 4, RA 8496]. Philippine Science High School (PSHS) System Act of 1997. RA 8496 entitled “An Act to establish the Philippine Science High School System and providing funds therefor” enacted on Feb. 12, 1998. Philippines shipping companies. Philippine nationals registered and licensed under the laws of the Philippines to engage in
the business of overseas and/or domestic water transportation. [Sec. 3, PD 474]. Philippine Sports Commission Act, The. RA 6847 entitled “An Act creating and establishing the Philippine Sports Commission, defining its powers, functions and responsibilities, appropriating funds therefor, and for other purposes” enacted on Jan. 24, 1990. Philippine Teachers Professionalization Act of 1994. RA 7836 entitled “An act to strengthen the regulation and supervision of the practice of teaching in the Philippines and prescribing a licensure examination for teachers and for other purposes” enacted on Dec. 16, 1994. Philippine Tourism Authority (PTA). The agency created under PD 189 to implement the policies and programs of the Department of Tourism (DOT). [Claridades, A., Compilation of Notes, 20012006]. Philippine Veterans Administration Office (PVAO). The agency created under RA 2664 which administers a system of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
847 benefits for Filipino veterans and their dependents.
[Sec. 3, PD 704; Sec. 1, PD 534; Sec. 2, PD 532].
Philippine waters. 1. All bodies of water within the Philippine territory such as lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other bodies of water now existing or which may hereafter exist in the provinces, cities, municipalities, and barangays and the waters around, between and connecting the islands of the archipelago regardless of their breadth and dimensions, the territorial sea, the sea beds, the insular shelves, and all other waters over which the Philippines has sovereignty and jurisdiction including the 200-nautical miles Exclusive Economic Zone and the continental shelf. [Sec. 4, RA 8550]. 2. All bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.
Philippine waters, classification or reclassification of. The categorization of all water bodies taking into account, among others, the following: (a) Existing quality of the body of water; (b) size, depth, surface area covered, volume, direction, rate of flow and gradient of stream; (c) most beneficial existing and future use of said bodies of water and lands bordering them, such as for residential, agricultural, aquacultural, commercial, industrial, navigational, recreational, wildlife conservation and aesthetic purposes; and (d) vulnerability of surface and groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals and underground storage tanks of petroleum products. [Sec 4, RA 9275]. Phobia. Legal Med. An excessive, irrational and uncontrollable fear of a perfectly natural situation or object. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Phobic disorders. Legal Med. This involves persistent, unrealistic and intense anxiety in response to specific external
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
848 situations. [Olarte, Legal Med., 1st Ed. (2004), p. 127]. Physiatrist. A legally qualified and licensed physician specializing in the practice of rehabilitation medicine. Physical condition. tangible state of property. [Memo. from Exec. Sec. dated Aug. 1998].
The the the 20,
Physical injuries. Bodily injuries. In its generic sense, the term includes homicide through reckless imprudence. [Moreno’s Law Dict., 2000 Ed., p. 344]. Physical injuries inflicted in a tumultuous affray. Crim. Law. The felony committed when in a tumultuous affray as referred to in Art. 251 of the Rev. Penal Code, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified. [Art. 252, RPC]. Physical law. Universal rule of action that governs the conduct and movement of things which are non-free and material. [Suarez, Stat. Con., (1993), p. 37]. Physically neglected child. There is physical neglect
when the child is malnourished, ill clad and without proper shelter. [Art. 141, PD 603]. Physical therapy. The art and science of treatment by means of therapeutic exercises, heat, cold, light, water, manual manipulation, electricity, and other physical agents. [Sec. 2, RA 5680]. Physical therapy technician. A person, who not having acquired a bachelor's degree in Physical Therapy is qualified through in-service training and practical experience to assist in the application of physiotherapeutic procedures and to undertake specific assignments as directed by a qualified physical therapist in carrying out the prescription of a licensed physician. Such assignments shall be confined within the limits of a hospital or institution of employment. [Sec. 2, RA 5680]. Physical violence. Acts that include bodily or physical harm. [Sec. 3, RA 9262]. Physician-patient privilege. This privilege is intended to facilitate and make safe full and confidential disclosure by the patient to the physician of all facts,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
849 circumstances and symptoms, untrammeled by apprehension of their subsequent and enforced disclosure and publication on the witness stand, to the end that the physician may form a correct opinion, and be enabled safely and efficaciously to treat his patient. [Lim v. CA, GR 91114. Sep. 25, 1992]. Physician’s sample. Medicine given free to members of the medical profession by drug manufacturers. [Moreno’s Law Dict., 2000 Ed., p. 343]. Picket. To object publicly, on or adjacent to the employer's premises, to an employer's labor practices, goods or services. The most common form of picketing is patrolling with signs. [Duhaime's Legal Dict., 2004].
Feb. 1, 1915]. 2. It is equivalent to 63 kilograms and a fraction. [Aldamis v. Leuterio, GR L-3587. Oct. 2, 1907]. Piece of work, contract for a. 1. A contract whereby the contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. The contractor may either employ only his labor or skill, or also furnish the material. [Art. 1713, CC]. 2. A contract for the delivery at a certain price of an article or goods which are to be manufactured specially for the customer and upon his special order, and not for the general market. [Eng’g & Machinery Corp. v. CA, GR 52267. Jan. 24, 1996, citing Art. 1467, CC and Vitug, Compendium on Civil Law and Jurisp., 1993 ed., p. 581].
Picketing. Labor. The marching to and fro at the employer's premises, usually accompanied by the display of placards and other signs making known the facts involved in a labor dispute. [Ilaw at Buklod ng Manggagawa v. NLRC, GR 91980. June 27, 1991].
Pier. Any structure built into the sea but not parallel to the coast line and includes any stage, stair, landing place, landing stage, jetty, floating barge or pontoon, and any bridge or other works connected therewith. [Sec. 3, PD 857].
Picul. 1. The customary unit of weight of bulk sugar for the purpose of sale. [Yu Tek & Co. v. Gonzalez, GR 9935.
Piercing the veil of corporate entity (or fiction) doctrine. The doctrine used whenever a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
850 court finds that the corporate fiction is being used to defeat public convenience, justify wrong, protect fraud, or defend crime, or to confuse legitimate issues, or that a corporation is the mere alter ego or business conduit of a person or where the corporation is so organized and controlled and its affairs are so conducted as to make it merely an instrumentality, agency, conduit or adjunct of another corporation. Also known as Disregarding the fiction of corporate entity or the Doctrine of corporate alter ego. Piercing the veil of corporate entity or fiction. Elements: 1. Control, not mere majority or complete stock control, but complete domination, not only of finances but of policy and business practice in respect to the transaction attacked so that the corporate entity as to this transaction had at the time no separate mind, will or existence of its own; 2. Such control must have been used by the defendant to commit fraud or wrong, to perpetuate the violation of a statutory or other positive legal duty, or dishonest and unjust act in contravention of plaintiff's legal rights; and 3. The aforesaid control and breach of duty must
proximately cause the injury or unjust loss complained of. [Fletcher Cyc. Corp., p. 490; Ramoso v. Gen. Credit Corp., SEC AC No. 295, Oct. 6, 1992]. Pier head line. The limiting line beyond which piers may not be extended. [Sec. 3, RA 4663]. Pig. An animal commonly known to be eating dirty matters. Calling a man “pig” is libelous. [Moreno’s Law Dict., 2000 Ed., p. 344]. Pilapil. Tag. A narrow earthen barrier. [US v. Ramos, GR 10832. Dec. 11, 1916]. Pimp (alcahuete). Sp. One who provides gratification for the lust of others; a procurer; a panderer. [US v. Cruz, GR 13288. Sep. 25, 1918, citing 6 Words and Phrases, 5379]. Pinagsamantalahan. Tag. 1. Taken advantage of. [Lopez v. People, GR L-47469. Dec. 29, 1978]. 2. Abused. [People v. Palma, GR L69152. Sep. 23, 1986]. Pine forest. A forest composed of the Benguet Pine in the Mountain Provinces or the Mindoro pine in Mindoro and Zambales provinces. [Sec. 3, PD 705].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
851 Pioneer enterprise. A registered enterprise (a) engaged in the manufacture, processing, or production, and not merely in the assembly or packaging, of goods, products, commodities or raw materials that have not been or are not being produced in the Philippines on a commercial scale; or (b) which uses a design, formula, scheme, method, process or system of production or transformation of any element, substance or raw materials into another raw material or finished good which is new and untried in the Philippines: Provided, That the final product involves or will involve substantial use and processing of domestic raw materials, whenever available. [Sec. 3, RA 5186]. Pipe line concession. A concession which grants to the concessionaire the right to provide and operate pipe line systems for transporting petroleum. [Art. 10, RA 387]. Piracy. 1. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or
intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided. [Sec. 2, PD 532]. 2. Robbery or forcible depredation on the high seas, without lawful authority and done animo furandi and in the spirit and intention of universal hostility. It is a crime not against any particular State but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. The jurisdiction of piracy unlike all other crime has no territorial limits. [People v. Lol-lo, GR L-17958. Feb. 27, 1922]. Compare with Mutiny. Piso. Tag. 1. One peso; Philippine currency. 2. In illegal drug parlance, it means one hundred pesos. [People v. Tranca, GR 110357. Aug. 17, 1994]. Placement fees. The amount charged by a private employment agency from an applicant worker for its services in the recruitment and placement of said
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
852 worker. [Sec. 1, Rule 1, IRR of LC]. Placement officer. A person practising the allied medical profession or discipline specialized in psychology of the handicapped and whose responsibility is to personally advise and guide the disabled individual to acceptance into a job. [Sec. 1, Rule 9, Rules on Employees Compensation]. Placer claim. That which does not come under the definition of Lode mineral claim. [Sec. 18, PD 464]. Placer deposits. Those which are in loose, fragmentary or broken rocks, boulders, floats, beds or deposits. [Sec. 18, PD 464]. Plain-meaning rule. Also Verba legis. Stat. Con. 1. The rule that when the words of a statute are clear, plain and free from ambiguity, it must be given its interpretation. [Fianza v. PLEB, GR 109638. Mar. 31, 1995]. 2. The valid presumption that the words employed by the legislature in a statute correctly express its intent or will and preclude the court from construing it differently. The legislature is presumed to know the meaning of the words, to have used words advisedly, and to have expressed its
intent by the use of such words as are found in the statute. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701 (1992)]. 3. A statute or treaty is to be interpreted only from the words contained within the statute or treaty. [Intl. Law Dict. & Direct., 2000]. See Verba legis non est recedendum. Plaintiff. 1. The term may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) party plaintiff. [Sec. 1, Rule 3, RoC]. 2. A person who brings an action; the party who complains or sues in a civil action. [Glossary of Legal Terms (Pro-Se), 2004]. See Complainant. Plain view doctrine. The warrantless search and seizure, as an incident to a suspect's lawful arrest, may extend beyond the person of the one arrested to include the premises or surroundings under his immediate control. Objects in the plain view of an officer who has the right to be in the position to have that view are subject to seizure and may be presented as evidence. [People v. Musa, GR 96177. Jan. 27, 1993].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
853 Plan. The plan for securitization as approved by the SEC. [Sec. 3, RA 9267].
pathogenic agent, injurious or potentially injurious to plants and/or plant products. [Sec. 2, PD 1433].
Plantation. A tract of agricultural land planted to trees or seedlings whether fruit bearing or not, uniformly spaced or seeded by broadcast methods or normally arranged to allow highest production. [Art. 243, IRR, LGC].
Plant products. Products derived from plants, either in their natural state or in manufactured or processed form and are capable of harboring plant pests. [Sec. 2, PD 1433].
Plantation agricultural enterprise. One engaged in agriculture within an area of more than 24 hectares in a locality and/or which employs at least 20 workers. [Sec. 1, Rule 7, Book 3, IRR of LC]. Planter in bad faith. A planter who plants knowing that the land does not belong to him and he has no right to plant thereon. [Moreno’s Law Dict., 2000 Ed., p. 345]. Planting rice. The phrase merely refers to the setting of the palay seedlings in the ground for growth, and uprooting the seedlings preparatory to transplanting and final harrowing do not constitute part of the work. [Atayde v. De Guzman, GR L10578. Mar. 25, 1958]. Plant pest. Any form of plant or animal life, or any
Plants. It shall comprise living plants and parts thereof, including seeds, cuttings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and others that are capable of propagation. [Sec. 2, PD 1433]. Playground. See Park. Plea. The first pleading by a criminal defendant, the defendant's declaration in open court that he is guilty or not guilty. The defendant's answer to the charges made in the indictment or information. [Glossary of Legal Terms (Pro-Se), 2004]. Plea bargaining. 1. The defendant’s pleading guilty to a lesser offenses or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. [People v. Villarama, 210 SCRA 246 (1992), citing
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
854 Black's Law Dict., 5th Ed., 1979, p. 1037]. 2. Process where the accused and the prosecutor in a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead guilty to a lesser offense. Such bargains are not binding on the court. Also referred to as plea negotiating. [Glossary of Legal Terms (Pro-Se), 2004]. Pleadings. 1. The written allegations of the parties of their respective claims and defenses submitted to the court for trial and judgment. [Sec. 1, Rule 6, RoC]. 2. That part of a party's case in which he formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial. [Duhaime's Legal Dict., 2004]. Plea of guilty. A judicial confession of guilt — an admission of all the material facts alleged in the information, including the aggravating circumstances. [People v. Ariola, 100 SCRA, 523]. Plea of guilty. The requisites of the mitigating circumstance of voluntary plea of guilty are: (a) that
the offender spontaneously confessed his guilt; (b) that the confession of guilt was made in open court, that is, before the competent court that is to try the case; and (c) that the confession of guilt was made prior to the presentation of evidence for the prosecution. [People v. Crisostomo, 160 SCRA 47 (1988)]. Plebiscite. From Lat. plebiscitum: decree of the common people. Const. Law. 1. The electoral process by which an initiative on the Constitution is approved or rejected by the people. [Sec. 3, RA 6735]. 2. Vote by which all of the people of a state or territory express an opinion for or against a proposal, especially a proposal as to the choice of a government. [Intl. Law Dict. & Direct., 2004]. Compare with Referendum. Pledge. A contract by virtue of which the debtor delivers to the creditor or to a third person a movable or a document evidencing incorporeal rights for the purpose of securing the fulfillment of a principal obligation, with the understanding that when the obligation is fulfilled, the thing delivered shall be returned with all its fruits and accessions. [De Leon, Comments and Cases on
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
855 Credit Trans., 1999 Ed., p. 322, citing Arts. 2094 and 2095, CC]. Compare with Mortgage. Pleins pouvoirs. See Full powers. Plenipotentiary. A person who has full power to do something. In international law, a senior diplomatic officer commissioned to act for his or her government. A minister plenipotentiary is one who by custom ranks immediately below an ambassador and is of the same rank as an envoy extraordinary. [Intl. Law Dict. & Direct., 2004]. Plot. See Lot. Plunder. A crime committed by public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires illgotten wealth through a combination or series of overt criminal acts as described in Sec. 1 (d) of RA 7080 in the aggregate amount or total value of at least P50,000,000.00. The crime is punishable by reclusion perpetua to death. [Sec. 2, RA 7080, as amended].
Plurality of crimes. Also Concurso de delitos. This occurs when the actor commits various delictual acts of the same or different kind. [Gamboa v. CA, GR L41054. Nov. 28, 1975, citing The Rev. Penal Code, Aquino, Vol. I 1961 Ed., at 555-56]. Plurality of subjects. Succ. It means that two or more persons must be instituted as heirs, legatees or devisees. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 459]. Compare with Unity of object. Plurality opinion. An opinion to which less than a majority agree on the reasoning of the decision, but to which a majority agree on the result. [Intl. Law Dict. & Direct., 2004]. PNP. Philippine National Police. Established under RA 6975. PNP law. See Department of the Interior and Local Government Act of 1990. PNR. Philippine National Railways. Created under RA 4156. PNR charter. RA 4156, as amended by RA 6366 and PD 741. [Malong v. PNR, GR L49930. Aug. 7, 1985].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
856 Poach. To kill or take an animal or fish from the property of another. [Duhaime's Legal Dict., 2004]. Point-blank. The term refers merely to the aim directed straight toward a target and has no reference to the distance between the gun and the target. [People v. Trinidad, GR 79123-25. Jan. 9, 1989, citing Webster's 3rd New Intl. Dict.]. Point-of-sale. Any location at which an individual can purchase or otherwise obtain tobacco products. [Sec. 4, RA 9211]. Point-shaving. Any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein. [Sec. 1, PD 483]. Points or questions of order. Legislative devices used in requiring the House or any of its Members to observe its own rules and to follow regular or established parliamentary procedure. In effect, they are either
objections to pending proceedings as violative of some of those rules or demands for immediate return to the aforementioned parliamentary procedure. [Arroyo v. De Venecia, GR 127255. June 26, 1998, citing Pareja, Parliamentary Guidelines: House of Reps. 33 (1969). Point source. Any identifiable source of pollution with specific point of discharge into a particular water body. [Sec 4, RA 9275]. Poison. Any drug, active principle, or preparation of the same, capable of destroying life or seriously endangering health when applied externally to the body or introduced internally in moderate doses. [Sec. 42, RA 5921]. Poisonous. Any substance or materials, except medicinal drug, either liquid, solid or gaseous, which through chemical reactions kills, injuries or impairs a living organism or person, and shall include but not limited to alkyl isothiocyanate, ammunition (chemical, nonexplosive but containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials. [Sec. 5, RA 6235].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
857 Poisonous substance. Any substance capable of destroying life or seriously endangering health when applied externally to the body or introduced internally in moderate doses. [Art. 4, RA 7394]. Pole. A long, comparatively slender usually cylindrical piece of wood or timber, as typically, the stem of a small tree stripped of its branches; also, by extension, a similar typically cylindrical piece or object of metal or the like. An upright standard to the top of which something is affixed or by which something is supported; as a dovecote set on a pole; telegraph poles; a tent pole; sometimes, specifically, a vessel's mast. [Board of Assessment Appeals v. Manila Electric Co., GR L15334. Jan. 31, 1964, citing Webster's New Intl. Dict., 2nd Ed. p. 1907]. Police. An organized civil force for maintaining order, preventing and detecting crime, and enforcing the law. [City Mayor v. Chief, Phil. Constabulary, GR L-20346. Oct. 31, 1967]. Police blotter. A book which records criminal incidents reported to the police. [Moreno, Phil. Law Dict., 708, 3rd Ed., citing People v.
Panganiban, 20772-CR, Dec. 6, 1979]. Police line-up. 1. A police identification procedure by which the suspect to a crime is exhibited, along with others, before the victim or witness to determine if he committed the offense. [Black’s Law Dict., Abr. 5th Ed. (1983), 478]. 2. It is not part of the custodial investigation where the suspects had not yet been held then to answer for the criminal offense with which they were later charged and convicted. [People v. Timple, GR 100391-92. Sep. 26, 1994]. Police of the state. In a comprehensive sense, the term embraces its whole system of internal regulation for the preservation of public order and prevention of offenses against the state. [City Mayor v. Chief, Phil. Constabulary, GR L-20346. Oct. 31, 1967]. Police power. 1. The power inherent in the State to regulate liberty and property for the promotion of the general welfare. 2. [ErmitaMalate Hotel & Motel Operators Ass. v. City Mayor, 20 SCRA 849]. The state authority to enact legislation that may interfere with personal liberty or property in order to promote the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
858 general welfare. In its exercise, the State may impose appropriate impositions or restraints upon liberty or property in order to foster the common good. [Edu v. Ericta, 35 SCRA 481 (1970)]. Police power. Essential elements: (a) An imposition of restraint upon liberty or property; and (b) The power is exercised for the benefit of the common good. [Agan v. Phil. Intl. Air Terminals Co., GR 155001. Jan. 21, 2004]. Police power. Requisites: Police power is validly exercised if (a) the interests of the public generally, as distinguished from those of a particular class, require the interference of the State, and (b) the means employed are reasonably necessary to the attainment of the object sought to be accomplished and not unduly oppressive upon individuals. [DECS v. San Diego, GR 89572. Dec. 21, 1989]. Policitacion. Sp. 1. An imperfect promise; a mere offer. [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. 2. An unaccepted unilateral promise or offer to sell or to buy a thing which creates no juridical effect or legal tie. [Diaz, Bus. Law Rev., 1991 Ed., p. 110].
Policy. A settled or definite course or method adopted and followed by a government, body, or individual. [Ang-Angco v. Castillo, GR L-17169. Nov. 30, 1963]. Policy of insurance. The written instrument in which a contract of insurance is set forth. [Sec. 49, IC]. Political activity. Political propaganda or any other activity which seeks in any reasonable degree to prevail upon, indoctrinate, convert, induce, persuade, or in any other way influence any agency or official of the Philippine Government, or any section of the public within the Philippines with respect to the domestic or foreign policies of the Philippines, or with respect to the political or public interests, policies, or relations of a foreign government or a foreign political party. [Sec. 3, BP 39]. Political consultant. Any person who engages in informing or advising any other person on the domestic or foreign policies of the Philippines or on the political or public interests, policies, or relations of a foreign government or of a foreign political party. [Sec. 3, BP 39].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
859 Political law. That branch of public law which deals with the organization and operation of the governmental organs of the state, and defines the relation of the state with the inhabitants of the territory. [People v. Perfecto, 43 Phil. 887, 897; Roa v. Coll. Of Customs, 23 Phil. 315]. Political party. 1. An organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. [Sec. 3, RA 7941]. 2. An organized group of persons pursuing the same political ideals in a Government and includes its branches and divisions. [Sec. 80, Rev. Election Code (RA 180]. Political propaganda. Any oral, visual, graphic, written, pictorial, or other communication or expression: (a) which seeks in any reasonable degree to prevail upon, indoctrinate, convert, induce, or in any other way influence a person or any section of the public within the Philippines with
respect to the political or public interests, policies, or relations of a foreign government or a foreign political party or with respect to the foreign policies of the Philippines; or (b) which advocates, advises, instigates, or promotes social, political, or religious dissension, disorder, civil riot, or conflict involving the use of force, or the overthrow of the government of the Republic of the Philippines. [Sec. 3, BP 39]. Political question. 1. In ordinary parlance, namely, a question of policy. 2. A question which, under the Constitution, is to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. [Tañada v. Cuenco, 100 Phil. 1101]. Political rights. The right to participate, directly or indirectly, in the establishment or administration of government, the right of suffrage, the right to hold public office, the right of petition and, in general, the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
860 rights appurtenant to citizenship vis-à-vis the management of government. [Simon v. CHR, GR 100150. Jan. 5, 1994, citing Black's Law Dict., 6th Ed., 1324]. Political sovereignty. Pol. Law. The sovereignty of the electorate; or in its general sense, the sovereignty of the whole body politic. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 35]. Compare with Legal sovereignty. Political violence. War, revolution, civil strife, terrorism, and similar acts that can result in injury or loss of property. [Intl. Law Dict. & Direct., 2004]. Politics. The science of government; the art or practice of administering public affairs. [Black’s Law Dict., Abr. 5th Ed. (1983), 605]. Poll taxes. See Capitation taxes. Pollutant. Any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly: (i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial use thereof; (ii) is hazardous or potential hazardous to health; (iii)
imparts objectionable odor, temperature change, or physical, chemical or biological change to any segment of the water body; or (iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of the condition, limitation or restriction prescribed in RA 9275. [Sec 4, RA 9275]. Pollution control and infrastructure devices. Infrastructure, machinery, equipment and/or improvements used for impounding, treating or neutralizing, precipitating, filtering, conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing hazardous effects of solid particles, chemicals, liquids or other harmful byproducts and gases emitted from any facility utilized in mining operations for their disposal. [Sec. 3, RA 7942]. Pollution control device. Any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from motor vehicles at levels within the air pollution control standards established by the national Pollution Control Commission. [Sec. 2, PD 1181].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
861 Pollution control technology. Pollution control devices or apparatus, processes, or other means that effectively prevent control or reduce pollution of water caused by effluents and other discharges, from any point source at levels within the water pollution standards. [Sec 4, RA 9275]. Polygamy. Being married to more than one person. [Duhaime's Legal Dict., 2004]. Polygraph. A lie-detector machine which records even the slightest variation in blood pressure, body temperature and respiration as questions are put to, and answers elicited from a subject. [Duhaime's Legal Dict., 2004]. Polypropylene. A substance resembling polyethelyne which is one of a group of partially crystalline lightweight thermoplastics used chiefly in making fibers, films, and molded and extruded products. [Farolan v. Solmac Mktg. Corp., GR 83589. Mar. 13, 1991]. Polytechnic University of the Philippines. The state university created under and by virtue of PD 1341 which was signed into law on Apr. 1, 1978.
Pond. A body of still water, natural or artificial, smaller than a lake; sometimes, by extension, an enclosure for fish in a running stream. [Guzman v. Mun. of Taytay, GR 43626. Mar. 7, 1938, citing Funk & Wagnall's Std. Dict., 20th Century Ed.]. Poor. Individuals and families whose income fall below the poverty threshold as defined by the NEDA and/or cannot afford in a sustained manner to provide their minimum basic needs of food, health, education, housing and other essential amenities of life. [Sec. 3, RA 8425]. Poor man's cocaine. Metamphetamine hydrochloride, one of the derivatives of metamphetamine, a regulated drug under RA 6425, as amended. Also notoriously known in street parlance as “shabu.” [People v. Lo Ho Wing, GR 88017. Jan. 21, 1991]. Pornography. 1. Any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
862 primarily sexual purposes. [Sec. 3, RA 9208]. A depiction (as in writing or painting) of licentiousness or lewdness. A portrayal of exotic behavior designed to cause sexual excitement. [Moreno’s Law Dict., 2000 Ed., p. 348]. Port. A place where ships may anchor or tie up for the purpose of shelter, repair, loading or discharge of cargo, or for other such activities connected with water-borne commerce, and including all the land and water areas and the structures, equipment and facilities related to these functions. [Sec. 3, PD 857]. Portability. 1. Health Ins. Law. The enablement of a member to avail of National Health Insurance Program benefits in an area outside the jurisdiction of his Local Health Insurance Office. [Sec. 1, RA 9241]. Social Ins. Law. 2. The transfer of funds for the account and benefit of a worker who transfers from one system to the other. [Sec. 2, RA 7699]. Portability Law. Republic Act No. 7699 entitled “An Act instituting limited portability scheme in the social security insurance systems by totalizing the workers' creditable services or contributions in each of the
systems” enacted on May 1, 1994. Portal. A website that aggregates a wide variety of content for the purpose of attracting a large number of users. [Sec. 5, RA 9184]. Portal cirrhosis. A chronic disease characterized by increased connective tissue that spreads from the portal spaces, distorting liver architecture and impairing liver functions. [Clemente v. GSIS, GR L-47521. July 31, 1987]. Porterage. Services rendered in the carriage or handling of passenger luggages and baggages which can be carried by hand and are not of such weight and number as to require the assistance of loading or unloading equipment or machinery or a relatively long time to undertake. [Moreno’s Law Dict., 2000 Ed., p. 348]. Porter resolution. Intl. Law. The qualification under the Drago doctrine which was later adopted in the Second Hague Conference that the debtor state should not refuse or neglect to reply to an offer of arbitration, or, after accepting the offer, prevent any compromis from being agreed upon, or, after the arbitration, fail to submit
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
863 to the award. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 56]. Portion. That which forms part of the whole. When one speaks of a portion, logically one of its sides borders the remaining part of the whole. [Moreno’s Law Dict., 2000 Ed., p. 348]. Port of entry. A port open to both foreign and domestic trade. The term includes principal ports of entry and subports of entry. [Sec. 2, PD 1433]. Position. A set of duties and responsibilities, assigned or delegated by competent authority and performed by an individual either on fulltime or part-time basis. A position may be filled or vacant. [Sec. 3, PD 985]. Position classification. The grouping of positions into classes on the basis of similarity of kind and level of work, and the determination of the relative worth of those classes of positions. [Sec. 3, PD 985]. Position classification system. A system for classifying positions by occupational groups, series and classes, according to similarities or differences in duties and responsibilities, and qualification requirements. It consists of:
(a) classes and class specifications; and (b) the rules and regulations for its installation and maintenance and for the interpretation, amendment and alternation of the classes and class specifications to keep pace with the changes in the service and the positions therein. [Sec. 3, PD 985]. Position of trust and confidence. One where a person is entrusted with confidence on delicate matters, or with the custody, handling, or care and protection of the employer's property. [Lepanto v. CA, 1 SCRA 1251 (1961)]. Positive adjustment to import competition. The ability of the domestic industry to compete successfully with imports after measure, or to the orderly transfer of resources to other productive pursuits; and to the orderly transition of dislocated workers in the industry to other productive pursuits. [Sec. 4, RA 8800]. Positive easement. An easement which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it himself. [Art. 616, CC]. Compare with Negative easement.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
864 Positive evidence. Evidence where the witness affirms that a fact did or did not occur. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 4]. Compare with Negative evidence.
that he will vacate upon demand, failing which a summary action for ejectment is the proper remedy against him. [Claridades, A., Compilation of Notes, 2001-2006].
Positive testimony. It is when the witness affirms that a fact did or did not occur. [Tanala v. NLRC, GR 116588. Jan. 24, 1996]. Compare with Negative testimony.
Possession, how acquired. It is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our will, or by the proper acts and legal formalities established for acquiring such right. [Art. 531, CC].
Positivism. Theory that international law is the voluntary creation of sovereign states. [Intl. Law Dict. & Direct., 2004]. Possess. In a grammatical sense, to have or to actually and physically occupy a thing, with or without right. [Moreno’s Law Dict., 2000 Ed., p. 349]. Possession. 1. The holding of a thing or the enjoyment of a right. [Art. 523, CC]. 2. A term to denote the mere fact of physical control over tangible objects. [Moreno’s Law Dict., 2000 Ed., p. 349]. Possession by tolerance. The occupation by a person of the land of another at the latter's tolerance or permission without any contract between them. Such person is necessarily bound by an implied promise
Possession, how lost. (a) By the abandonment of the thing; (b) by an assignment made to another either by onerous or gratuitous title; (c) by the destruction or total loss of the thing, or because it goes out of commerce; (d) by the possession of another, subject to the provisions of Art. 537 of the Civil Code, if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of ten years. [Art. 555, CC]. Possession in concept of holder. Possession whereby one possesses as a mere holder, or not in the concept of owner, and acknowledges in another a superior right which he believes to be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
865 ownership, whether his belief be right or wrong. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 245]. Possession in concept of owner. Possession whereby the possessor may be the owner himself or one who claims to be so. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 245]. Possession of picklocks or similar tools. Crim. Law. The felony committed by any person who shall without lawful cause have in his possession picklocks or similar tools especially adopted to the commission of the crime of robbery, or by any person who shall make such tools. [Art. 304, RPC]. Possession of prohibited interest by a public officer. Crim. Law. The felony committed by a public officer who, directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene, or by experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they shall have acted, and to the
guardians and executors with respect to the property belonging to their wards or estate. [Art. 216, RPC]. Possession of the status of an illegitimate child. (The fact that) the father has treated the child as his own, directly and not through others, spontaneously and without concealment though without publicity (since the relation is illegitimate). [Reyes and Puno, Outline of Phil. Civil Law, Vol. 1, 1964 Ed., pp. 269-270, citing Coquia v. Coquia, CA 50, OG 3701]. Possession, preparation and use of prohibited drugs and maintenance of opium dens. Crim. Law. The felony committed by: (a) anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any prohibited drug; or (b) anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law. [Art. 190, RPC]. Possession, writ of. Writ of possession.
See
Possessor in bad faith. A person in possession of property knowing that his title thereto is defective. [Escritor v. IAC, GR L-71283. Nov. 12, 1987].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
866 Possessor in good faith. 1. A possessor who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. [Art. 526, CC]. 2. A person who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. [Maneclang v. Baun, GR L-27876. Apr. 22, 1992]. Possessory information title. A prima facie evidence of the fact that the possessor of the land to which it refers has actual possession. [Moreno’s Law Dict., 2000 Ed., p. 351]. Possessory lien of the unpaid seller. The right of the seller who is in possession of the goods to retain possession of them until payment or tender of the price in cases: (a) where the goods have been sold without any stipulation as to credit; (b) where the goods have been sold on credit, but the term of credit has expired; (c) where the buyer becomes insolvent. [Diaz, Bus. Law Rev., 1991 Ed., p. 126, citing Art. 1527, CC]. Post. All Philippine embassies, missions, consulates general and other foreign service establishments maintained
by the DFA. [Sec. 5, RA 7157]. Postal Service Act of 1992. RA 7354 entitled “An Act creating the Philippine Postal Corporation, defining its powers, functions and responsibilities, providing for regulation of the industry and for other purposes connected therewith” enacted on Apr. 3, 1992. Postdated instrument. A negotiable instrument where the date appearing thereon is later than the true date of its issuance. [Claridades, A., Compilation of Notes, 20012006]. Compare with Antedated instrument. Posted price. The FOB price established by the contractor in consultation with the Petroleum Board for each grade, gravity and quality of crude oil offered for sale to buyers generally for export at the particular point of export, which price shall be based upon geographical location, and the fair market export values for crude oil of comparable grade, gravity and quality. [Sec. 3, PD 87]. Post-harvest activities. Threshing, drying, milling, grading, storing, and handling of produce and such other activities as stripping, winnowing,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
867 chipping and washing. [Sec. 4, RA 8435; Sec. 4, RA 7607]. Post-harvest facilities. 1. Facilities that include, but are not limited to, fishport, fishlanding, ice plants and cold storages, fish processing plants. [Sec. 4, RA 8550]. 2. Threshers, moisture meters, dryers, weighing scales, milling equipment, fish ports, fish landings, ice plants and cold storage facilities, processing plants, warehouses, buying stations, market infrastructure and transportation facilities. [Sec. 4, RA 8435; Sec. 4, RA 7607]. Postliminium right. Also Jus postliminium. Intl. Law. The right by which persons or things taken by the enemy are restored to the former state on coming actually into the power of the nation to which they belong. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 141].
anxiety disorder caused by exposure to an overwhelming traumatic event in which the person later repeatedly reexperiences the event. [Olarte, Legal Med., 1st Ed. (2004), p. 137]. Post-trial. Items happening after the trial, i.e., post-trial motions or post-trial discovery. [Glossary of Legal Terms (Pro-Se), 2004]. Potential animal pest. It shall comprise certain species of animal that are liable to become agricultural crop pests such as insects, monkeys, rodents, bats, finches, rabbits, snails and other forms of animal life capable of causing injury to agricultural crops. [Sec. 2, PD 1433].
Post-test counseling. The process of providing riskreduction information and emotional support to a person who submitted to HIV testing at the time that the test result is released. [Sec. 4, RA 8496].
Potentially infectious medical waste. This includes isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and other disposable medical equipment and material that may pose a risk to the public health, welfare or the marine environment. [Sec 4, RA 9275].
Post-traumatic disorder. Legal
Potestas delegata non delegari potest. Lat. What
stress Med. An
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
868 has been delegated cannot be delegated. This doctrine is based on the ethical principle that such as delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. [US v. Barrias, 11 Phil. 327, 330 (1908); People v. Vera, 65 Phil. 56, 113 (1937)]. Potestative condition. 1. A condition, the fulfillment of which depends upon the sole will of the debtor, in which case, the conditional obligation is void. [Naga Tel. Co., Inc. v. CA, GR 107112. Feb. 24, 1994, citing Art. 1182, CC]. 2. One which depends upon the will of the debtor. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Poverty alleviation. The reduction of absolute poverty and relative poverty. [Sec. 3, RA 8425]. Power. Authority to do. One has the power to do something if he is of legal age. Also, used as powers, the term refers to authority granted by one person to another, i.e., powers given an executor in a will or an agent in a power of attorney. [Glossary of Legal Terms (Pro-Se), 2004].
Power development program (PDP). The indicative plan for managing electricity demand through energy-efficient programs and for the upgrading, expansion, rehabilitation, repair and maintenance of power generation and transmission facilities, formulated and updated yearly by the DOE in coordination with the generation, transmission and electric utility companies. [Sec. 4, RA 9136]. Power of attorney. 1. A formal instrument authorizing another to act as one's agent or attorney. [Glossary of Legal Terms (Pro-Se), 2004]. 2. A document which gives a person the right to make binding decisions for another, as an agent. A power of attorney may be specific to a certain kind of decision or general, in which the agent makes all major decisions for the person who is the subject of the power of attorney. [Duhaime's Legal Dict., 2004]. Power of control. The power of an officer to alter or modify or nullify or set aside what a subordinate officer has done in the performance of his duties and to substitute the judgment of the former for that of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
869 latter. [De Villa v. City of Bacolod, GR 80744. Sep. 20, 1990]. Power of review. The power exercised to determine whether it is necessary to correct the acts of the subordinate and to see to it that he performs his duties in accordance with law. [Phil. Game fowl Commission v. IAC, 146 SCRA 294 (1986)]. Power of subordinate legislation. The authority to issue rules to carry out the general provisions of the statute entrusted by the national legislature to administrative agencies, with the proliferation of specialized activities and their attendant peculiar problems. [Claridades, A., Compilation of Notes, 20012006]. Power of supervision. The power of a superior officer to see to it that subordinates perform their functions according to law. [De Villa v. City of Bacolod, GR 80744. Sep. 20, 1990, citing Bernas, Rev. 1973 Phil. Const., Part I, 1983 Ed., p. 474]. Power of the purse. The spending power which, under the Constitution, belongs to Congress, subject only to the veto power of the President. [Phil. Const.
Assoc. v. Enriquez, 113105. Aug. 19, 1994].
GR
Power plant design. The planning, specifying, coordinating and lay-outing of electrical equipment in power plants, substations and the like. [Sec. 2, RA 7920]. Power Sector Assets and Liabilities Management Corporation (PSALM Corp.). The corporation organized pursuant to Sec. 49 of RA 9136. [Sec. 4, RA 9136]. Power to regulate. The power to protect, foster, promote, preserve, and control with due regard for the interests, first and foremost, of the public, then of the utility and of its patrons. [Phil. Communications Satellite Corp. v. Alcuaz, 180 SCRA 218]. Power to tax is not the power to destroy while the Supreme Court sits (Holmes dictum). The reassuring words of Mr. Justice Holmes of the US Supreme Court: "The power to tax is not the power to destroy while this Court sits.” [Quoted from Graves. v. New York, 306 U.S. 466, 490 and cited in Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
870 Power to tax is the power to destroy (Marshall dictum). The 1803 dictum of Chief Justice Marshall of the US Supreme Court that "the power to tax involves the power to destroy.” [Sison v. Ancheta, GR L-59431. July 25, 1984, citing McCulloch v. Maryland, 4 Wheaton 316]. PPO. See Permanent Protection Order. Practicable. Possible to practice or perform. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997, citing Webster, New 3rd Intl. Dict., 1993 Ed., p. 1780]. Practice. The method of performance established between parties by their actions or conduct. [Intl. Law Dict. & Direct., 2004]. Practice of law. Any activity, in or out of court, which requires the application of law, legal procedures, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristic of the profession. Generally, to practice law is to give advice or render any kind of service that involves legal knowledge or skill. The practice of law is not limited to the conduct of cases in court. It includes legal advice
and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be pending in a court. In the practice of his profession, a licensed attorney at law generally engages in three principal types of professional activity: legal advice and instructions to clients to inform them of their rights and obligations, preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman, and appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty, and property according to law, in order to assist in proper interpretation and enforcement of law. When a person participates in a trial and advertises himself as a lawyer, he is in the practice of law. One who confers with clients, advises them as to their legal rights and then takes the business to an attorney and asks the latter to look after the case in court, is also practicing law. Giving advice for compensation regarding the legal status and rights of another and the conduct with respect thereto constitutes a practice of law.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
871 One who renders an opinion as to the proper interpretation of a statute, and receives pay for it, is, to that extent, practicing law. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993]. Practising lawyer. One engaged in any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Praeter intentionem. Lat. The act went beyond the intent. Lack of intention to commit so grave a wrong as that committed. [Nizurtado v. Sandiganbayan, GR 107383. Dec. 7, 1994]. Preamble. It is that part of the statute following the title and preceding the enacting clause which states the reasons for, or the objects of, the enactment. [Suarez, Stat. Con., (1993), p. 45]. Precarium. The contractual relation where the bailor may demand the thing at will: (a) if neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated; or (b) if the use of the thing is merely tolerated by the owner. [Art. 1947, CC]. Precautionary approach. Intl. Law. Attitude that states
should not delay in taking action to correct a threat of serious or irreversible damage to the environment merely because there is a lack of scientific certainty that injury will result. [Intl. Law Dict. & Direct., 2004]. Precedent. 1. Decision or principle enunciated by a court of competent jurisdiction on a question of law which does not only serve as a guide but also as an authority to be followed by all other courts of equal or inferior jurisdiction in all cases involving the same question until the same is overruled or reversed by a superior court. [Suarez, Stat. Con., (1993), p. 40]. 2. Laws established by previous cases which must be followed in cases involving identical circumstances. [Glossary of Legal Terms (Pro-Se), 2004]. See Stare decisis. Precepto. Sp. A command which induces one to commit a crime. [Aquino, RPC, 1976 Ed., Vol. 1, p. 431, citing People v. Indanan, 24 Phil. 203, 207 (1913) and People v. Asaad, 55 Phil. 697 (1931)]. Compare with Pacto. Precious coral. Skeleton of anthozoan coelenterate characterized as having a rigid axis of compact
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
872 calcareous or horny spicules, belonging to the genus corallium as represented by the red, pink and white corals. [Sec. 3, PD 1219]. Preclusion of claims. It is governed by Rule 39, Sec. 47(b) of the Rules of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. See Res judicata. Preclusion of issues. It is governed by Rule 39, Sec. 47(c) of the Rules of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. See Conclusiveness of Judgment. Predatory pricing. Selling or offering to sell any oil product at a price below the seller's or offeror's average variable cost for the purpose of destroying competition, eliminating a competitor or discouraging a potential competitor from entering the market: Provided, however, That pricing below average variable cost in order to match the lower price of the competitor and not for the purpose of destroying competition shall not be deemed predatory pricing. [Sec. 11, RA 8479]. Predecease. Succ. Death of an heir before the testator. [Claridades, A., Compilation of Notes, 2001-2006].
Pre-departure loans. Loans granted to departing migrant workers covered by new contracts to satisfy their predeparture requirements such as payments for placement/processing fees, airplane fare, subsistence allowance, cost of clothing and pocket money. [Sec. 30, IRR, RA 8042]. Preempt. To take precedence over. [Intl. Law Dict. & Direct., 2004]. Preemptive right of a stockholder. The right of a stockholder to subscribe to all issues or disposition of share of any class in proportion to his respective shareholding. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Pre-entry training. A basic skills training for immediate entry into the working environment. [Sec. 1, Rule 1, Book 2, IRR of LC]. Preference of credit. The bestowing upon the preferred creditor an advantage of having his credit satisfied first ahead of other claims which may be established against the debtor. [DBP v. Sec. of Labor, GR 79351, 28 Nov. 1989]. Preferential hiring agreement. Labor. An agreement between the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
873 employer and the union whereby the former is obliged to give preference to the members of the latter who are qualified. However, absent such qualified union members will give the employer the right to choose those from outside of the contracting union. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Preferred share. 1. A share which entitles the holder thereof to certain preferences over the holders of common stock. The preferences are designed to induce persons to subscribe for shares of a corporation. They may consist in the payment of dividends or the distribution of the assets of a corporation in case of its dissolution ahead of the common stockholders, or such other preferences as may be stated in the articles of incorporation which are not violative of the provisions of the Corp. Code. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 62]. 2. A share in a company that has some kind of special right or privilege attached to it, such as that it is distinguished from the company’s common shares. The most common special right is a preference over holders of common shares when dividends are declared. Another, is for the
preferred shares to be redeemable at the option of either the holder or the company. Still another might be to disallow voting rights to preferred shareholders. [Duhaime's Legal Dict., 2004]. Compare with Common share. Preferred shares of stock. Shares of stock issued by any corporation which may be given preference in the distribution of the assets of the corporation in case of liquidation and in the distribution of dividends, or such other preferences as may be stated in the articles of incorporation which are not violative of the provisions of the Corporation Code: Provided, That preferred shares of stock may be issued only with a stated par value. (Sec. 6, Corp. Code]. Pregnancy. An after-the-fact condition of the liaison between two persons of different sexes. [People v. Villarin, GR 96950. Jan. 29, 1993]. Pre-harvest activities. They include, but are not limited to, seedbed and land preparation, planting, weeding, pest and disease control, fertilizer application, water management and harvesting. [Sec. 4, RA 7607].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
874 Pre-harvest facilities. They include, but are not limited to, plows, harrows, tractors, rotavators and sprayers. [Sec. 4, RA 7607]. Prejudicial question. A question which is based on a fact distinct and separate from the crime but so intimately connected with it that its resolution is determinative of the guilt or innocence of the accused. To justify suspension of the criminal action, it must appear not only that the civil case involves facts intimately related to those upon which the criminal prosecution is based but also that the decision of the issue or issues raised in the civil case would be decisive of the guilt or innocence of the accused. [Apa v. Fernandez, GR 112381. Mar. 20, 1995]. Prejudicial question. Elements: (a) The civil action involves an issue similar or intimately related to the issue raised in the criminal action: and (b) the resolution of such issue determines whether or not the criminal action may proceed. [Sec. 5, Rule 111 of RoC; Yap v. Paras; Umali v. IAC, 186 SCRA 680 (1990)]. Preliminary attachment. The provisional remedy in virtue of which a plaintiff or
other proper party may, at the commencement of the action or at any time thereafter, have the property of the adverse party taken into the custody of the court as security for the satisfaction of any judgment that may be recovered. It is a remedy which is purely statutory in respect of which the law requires a strict construction of the provisions granting it. [H.B. Zachry Co. Intl. v. CA, GR 106989. May 10, 1994]. Preliminary attachment, writ of. See Writ of preliminary attachment. Preliminary conference. The term is akin and similar to the provision on "pre-trial" under the Revised Rules of Court. Both provisions are essentially designed to promote amicable settlement or to avoid or simplify the trial. [Martinez v. Dela Merced, GR 82039. June 20, 1989]. Preliminary hearing. Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. [Glossary of Legal Terms (Pro-Se), 2004]. Preliminary injunction, writ of. See Writ of preliminary injunction.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
875 Preliminary investigation. An inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a wellfounded belief that a crime has been committed and that the respondent is probably guilty thereof, and should be held for trial. [Sec. 1, Rule 112, RoC]. Preliminary mandatory injunction. An extraordinary remedy to be availed of only where the petitioner has shown: (a) that he has a right which is clear and unmistakable under the law and the facts; (b) that the invasion of the right is material and substantial; and (c) that there exists an urgent and paramount necessity for the issuance of the writ to prevent extreme or serious damage. [Villadores v. Encarnacion, GR L-6425. Sep. 30, 1954]. Premature conversion of agricultural land. See Agricultural land, premature conversion of. Premature infants. Infants delivered before the thirtyseventh week of gestation with a birth weight of less than 2,500 grams (American) or 2,275 grams (Filipino). [People v. Malapo, GR 123115. Aug. 25, 1998].
Premature marriages. Crim. Law. The felony committed by any widow who shall marry within three hundred and one (131) days from the date of the death of her husband, or before having delivered if she shall have been pregnant at the time of his death, or by any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of three hundred and one day after the legal separation. [Art. 351, RPC]. Premeditacion conocida. Sp. Deliberate premeditation. [US v. Nalua, GR 7311. Aug. 5, 1912]. Premium. The amount paid to the insurer as consideration for insurance. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 78]. Prenda or mortgage in prenda. A kind of special contract whereby the debtor delivers to the creditor the possession of a parcel of land as security for the loan he has obtained from the latter who enjoys the usufruct. [Rep. v. IAC, GR 74830. July 5, 1993, citing Phil. Law Dict. by Moreno, 3rd Ed., p. 728].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
876 Pre-need plans. Contracts which provide for the performance of future services of or the payment of future monetary considerations at the time actual need, for which plan holders pay in cash or installment at stated prices, with or without interest or insurance coverage and includes life, pension, education, interment, and other plans which the Tariff Commission may from time to time approve. [Sec. 3, RA 8799]. Preparation equivalent rating. A rating of the academic or educational preparation of an individual teacher with equivalent for his training for professional growth and teaching experience. [Sec. 3, PD 985]. Preparatory recall assembly. The registered voters of the local government unit to which the local elective official subject to recall belongs. [Sec. 70, LGC]. Pre-payment of required indemnity. The delivery of the proper indemnity required by law for the damage that might be incurred by the servient estate in the event the legal easement upon the extent of compensation cannot be reached by the parties
involved, is not an impediment to the establishment of such easement. Precisely, the action of the dominant estate against the servient estate should include a prayer for the fixing of the amount which may be due from the former to the latter. [Talisay-Silay Milling v. CFI of Negros Occ., (42 SCRA 584)]. Preponderance of evidence. 1. Evidence which is of greater weight, or more convincing than that which is offered in opposition to it. [32 CJS, 1051]; The weight, credit and value of the aggregate evidence on either side and is usually considered to be synonymous with the terms 'greater weight of evidence' or 'greater weight of the credible evidence;' Probability of the truth. Evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto. [Rep. v. CA, GR 84966. Nov. 21, 1991]. 2. The evidence as a whole adduced by one side is superior to that of the other. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
877 intelligence, their means and opportunity of knowing the facts on which they are testifying, the nature of such facts, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility as far as the same may legitimately appear at the trial. The court may also consider the number of witnesses, although the preponderance is not necessarily with the greatest number. [Sapuan v. CA, GR 91869. Oct. 19, 1992]. Prepositus. The descendant is the person from whom the degree should be reckoned, or the one at the end of the line from which the property came and upon whom the property last revolved by descent [Cabardo v. Villanueva, 44 Phil. 186, 190]. Pre-proclamation controversy. Elec. Law. Any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Commission on Election, or any matter raised under Secs. 233, 234, 235 and 236 of the Omnibus Election Code in relation to
the preparation, transmission, receipt, custody and appreciation of the election returns. [Sec. 241, BP 881]. Prescribing opium unnecessary for a patient. Crim. Law. The felony committed by any physician or dentist who shall prescribe opium for any person whose physical condition does not require the use of the same. [Art. 194, RPC]. Prescripcion adcquisitiva. Title by adverse possession which operates to transfer ownership to the possessor and need not be specifically pleaded since it is an absolute denial of the previous owner’s claim. [Moreno’s Law Dict., 2000 Ed., p. 357]. Prescripcion extintiva. A statute of limitations which operates as a bar to the owner’s right of action and is a new matter which must be specifically pleaded. [Moreno’s Law Dict., 2000 Ed., p. 357]. Prescription. Civ. Law. 1. The acquisition of ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. [Art. 1106, CC]. 2. A time limitation in civil law, by which a right may be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
878 acquired (acquisitive prescription) or an obligation extinguished (extinctive prescription) by the passage of a specified period of time. Whereas extinctive prescription in civil law results, for the potential plaintiff, in the loss of the right itself, the expiry of a time limitation in common law usually results only in the loss of the right to sue. In contemporary civil law, prescription is usually understood as substantive, rather than procedural, and thus governed by the law applicable to the relevant claim. [Tetley, Glossary of Conflict of Laws, 2004]. Intl. Law. 3. A derivative mode of acquisition by which a territory belonging to one state is transferred to the sovereignty of another state by reason of the adverse and uninterrupted possession thereof by the latter for a sufficiently long period of time. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 71]. Prescription drug. A drug which has been approved by the Bureau of Food and Drug and which can be dispensed only pursuant to a prescription order from a physician who is duly licensed to do so. [Sec. 1, RA 9241]. Prescription of the crime. The forfeiture or loss of the
right of the State to prosecute the offender after the lapse of a certain time fixed by law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 313; Board of Commissioners (CID) v. Dela Rosa, GR 95122-23. May 31, 1991]. Prescription of the offense. The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain time fixed by law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 313]. Prescription of the penalty. The loss or forfeiture by the government of the right to execute the final sentence after the lapse of a certain time. [Board of Commissioners (CID) v. Dela Rosa, GR 95122-23. May 31, 1991, citing Padilla, Crim. Law, Vol. 1, 1974, p. 855]. Prescriptive period. The period within which a specific action must be filed. [Central Bank v. CA, GR 88353. May 8, 1992]. Presence. In connection with Sec. 5 (a), Rule 113, Rules of Court, on arrest without warrant, the term is properly and restrictively construed to relate to acts taking place within the optical or perhaps auditory perception of the arresting officer. [Umil v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
879 Ramos, GR 81567. Oct. 3, 1991]. Presentation of evidence. This consists of putting in as evidence the testimony of the witnesses or the documents relevant to the issue. [People v. Yap, GR 103517. Feb. 9, 1994]. Compare with Offer of evidence. Presentment. Nego. Inst. Production of an instrument to a party liable to pay on it for that party's acceptance (i.e., commitment to pay) or payment. [Intl. Law Dict. & Direct., 2004]. Presentment for acceptance. Nego. Inst. The production of a bill of exchange to a drawee for acceptance. [Prudential Bank v. IAC, GR 74886. Dec. 8, 1992]. Presentment for payment. Nego. Inst. The production of a bill of exchange to the drawee or acceptor for payment or the production of a promissory note to the party liable for the payment of the same. [Claridades, A., Compilation of Notes, 20012006]. Present value. That amount which, if invested now to earn a fixed rate of interest, will be equivalent to a specified amount due on a
specific date in the future. [Bautista v. Auditor Gen., L10859, Aug. 29, 1958]. Presidential Decrees. Statutes issued by then president Ferdinand E. Marcos during his incumbency. [Suarez, Stat. Con., (1993), p. 42]. Pressurized or forced draft burning equipment. Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber. [Sec. 3, PD 1185]. Prestation. This may consist in giving, doing, or not doing of something. [Torres, Oblig. & Cont., 2000 Ed., p. 24]. Presumption. 1. An inference as to the existence of a fact not actually known, arising from its usual connection with another which is known, or a conjecture based on past experience as to what course human affairs ordinarily take. It is either a presumption juris, or of law, or a presumption hominis, or of fact. [Martin v. CA, GR 82248. Jan. 30, 1992]. 2. An inference. Some presumptions are refutable while others are deemed to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
880 be irrefutable. Presumptions are also classified as “of fact” or “of law.” [Tetley, Glossary of Conflict of Laws, 2004]. Compare with Inference. Presumption. Kinds: (a) conclusive presumption or one where no contrary evidence is admitted; and prima facie (disputable or rebuttable) or one which stays until evidence to the contrary is admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9]. Presumption against absurdity. Stat. Con. The presumption that the legislature does not intend that absurdity will from its enactment. The courts, therefore, have the duty to interpret the law in such a way as to avoid absurd result. [Suarez, Stat. Con., (1993), p. 31, citing People v. Malabanan, GR L-16478, Aug. 31, 1961]. Presumption against implied repeals. Stat. Con. The presumption that the lawmaking body does not favor repeals (of statutes) by implication. [Suarez, Stat. Con., (1993), p. 32]. Presumption against impossibility. Stat. Con. The presumption that a statute is never to be understood as requiring an
impossibility, if such a result can be avoided by any fair and reasonable construction. [Moreno’s Law Dict., 2000 Ed., p. 359]. Presumption against inconsistency. Stat. Con. The presumption that the lawmaking body is consistent. In case of doubt, therefore, such a construction should be adopted as will make all the provisions of the statute consistent with one another and with the entire act. [Suarez, Stat. Con., (1993), p. 31]. Presumption against injustice. Stat. Con. The presumption that the lawmaking body intended right and justice to prevail. [Suarez, Stat. Con., (1993), p. 30, citing Art. 10, CC]. Presumption against ineffectiveness. Stat. Con. The presumption that the lawmaking body does not intend to adopt laws which are unnecessary and ineffective. It is presumed that it intends to impart to its enactments such a meaning as will render them operative and effective. [Suarez, Stat. Con., (1993), p. 31]. Presumption against irrepealable laws. Stat. Con. The presumption that
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
881 the lawmaking body does not intend that its laws shall be irrepealable. The legislature cannot enact irrepealable laws or limit its future legislative acts. [Suarez, Stat. Con., (1993), p. 32, citing Duarte v. David, 32 Phil. 36]. Presumption against violation of international law. Stat. Con. The presumption that a statute is in conformity with the rules and principles of international laws, or with the treaties duly entered into and accepted by our government. [Suarez, Stat. Con., (1993), p. 34]. Presumption against violation of public policy. Stat. Con. The presumption that the legislature designs to favor and foster, rather than to contravene, that public policy which is based upon the principles of natural justice, good morals, and the settled wisdom of the law as applied to the ordinary affairs of life. [Suarez, Stat. Con., (1993), p. 33, citing Compania General de Tabacos v. Coll. Of Customs, 46 Phil. 8]. Presumption hominis. Lat. 1. A presumption of fact. [Martin v. CA, GR 82248. Jan. 30, 1992]. 2. A deduction which reason draws from the facts proved without an
express direction to that effect. [Claridades, A., Compilation of Notes, 20012006]. See also Presumption of fact or Inference. Presumption juris. Lat. A presumption or of law. [Martin v. CA, GR 82248. Jan. 30, 1992]. Presumption juris et de jure. See Conclusive presumption. Presumption juris tantum. See Disputable presumption. Presumption of abandonment of office by a director. Corp. Law. The presumption that a director in a corporation who accepts a position in which his duties are incompatible with those as such director has abandoned his office as director of the corporation. [Mead v. McCullough, GR 6217. Dec. 26, 1911.] Presumption of acquiescence to judicial construction. Stat. Con. The presumption that, when the court has construed a statute in a particular manner and the lawmaking body made no move to alter or amend the said statute, the legislature has acquiesced in that
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
882 interpretation. [Suarez, Stat. Con., (1993), p. 34].
has become a party thereto for value. [Sec. 24, NIL].
Presumption of acting within the scope of authority. Stat. Con. The presumption that the legislature acted within the scope of its authority. Hence, if a statute admits of more than one interpretation, one that places the statute outside of legislative competence, and one that places the statute within the limits of legislative competence, the court should adopt the latter interpretation. [Suarez, Stat. Con., (1993), p. 34, citing Black, Interpretation of Laws, 2nd Ed., p. 138].
Presumption of constitutionality of statutes. Stat. Con. The theory is that as the joint act of the Legislature and the Executive, every statute is supposed to have first been carefully studied and determined to be constitutional before it was finally enacted. Hence, unless it is clearly shown that it is constitutionally flawed, the attack against its validity must be rejected and the law itself upheld. To doubt is to sustain. [Phil. Judges Assoc. v. Prado, GR 105371. Nov. 11, 1993].
Presumption of conjugal partnership. The presumption under Art. 160 of the Civil Code that all property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to wife. [Cobb-Perez v. Lantin, GR L-22320. May 22, 1968].
Presumption of continuity of facts. Proof of the existence at a particular time of a fact of continuous nature gives rise to an inference, within logical limits, that it exists at a subsequent time. [People v. Sawajan, GR 28243. Dec. 12, 1927].
Presumption of consideration. Nego. Inst. The prima facie presumption that every negotiable instrument has been issued for a valuable consideration; and every person whose signature appears thereon
Presumption of continuity of mental capacity. Evid. The presumption that capacity to act attaches to a person who has not previously been declared incapable, and such capacity is presumed to continue so long as the contrary be not proved, that is, that at the moment of his acting he was
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
883 incapable, crazy, insane, or out of his mind. [Standard Oil Co. v. Codina Arenas, GR 5921. July 25, 1911]. Presumption of continuity of possession. The presumption that a present possessor of property who shows his possession at some previous time has held possession also during the intervening period. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 127]. Presumption of death; extraordinary or qualified absence. Civ. Law. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (a) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (b) a person in the armed forces who has taken part in war, and has been missing for four years; (c) a person who has been in danger of death under other circumstances and his existence has not been known for four years. [Art. 391, CC]. Presumption of death; ordinary absence. After an absence of seven years, it being unknown whether or not the absentee still lives,
he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. [Art. 390, CC]. Presumption of dissolution of former marriage. The presumption that when a person marries twice, the second marriage is valid and the former one has been dissolved by death or divorce. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 38, citing Adong v. Cheong Seng Gee, 43 Phil. 43]. Presumption of equality. Succ. The presumption that heirs instituted without designation of shares shall inherit in equal parts. [Art. 846, CC]. Presumption of fact. Evid. The conclusion that, because one fact exists or is true, another fact exists or is true. If no new facts arise to contradict the presumption, it is evidence of proof of the fact. For example, in some jurisdictions, if a married woman has a child, her husband is presumed to be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
884 the father. [Tetley, Glossary of Conflict of Laws, 2004]. See also Presumption hominis or Inference. Presumption of good faith. Stat. Con. The presumption that the legislature had good motives in having considered and adopted a particular law. [Suarez, Stat. Con., (1993), p. 30]. Presumption of individuality. Succ. The presumption that when the testator institutes some heirs individually and others collectively, those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. [Art. 847, CC]. Presumption of innocence. The Constitutional provision that "in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved". [Art. III, §14, 1987 Const.]. It is thus axiomatic that "an accused under our law is entitled to an acquittal unless his guilt is proved beyond reasonable doubt." [People v. Bostre, 230 SCRA 139, 143, Feb. 18, 1994]. 3. A conclusion of law in favor of the accused whereby his innocence is not only established but continues until sufficient evidence is
introduced to overcome the proof which the law has created — that is, his innocence. [People v. Clores, GR L-61408. Oct. 12, 1983]. Presumption of jurisdiction. Stat. Con. A statute will not be construed in such a manner as to oust or restrict the jurisdiction of superior courts, or to vest a new jurisdiction in them, unless there are express words or a necessary implication to that effect. [Suarez, Stat. Con., (1993), p. 34, citing Manila Lodge No. 761 v. CA, GR L-41001. Sep. 30, 1976]. Presumption of knowledge of existing laws. Stat. Con. The presumption that the lawmaking body has full knowledge of all existing laws on the subject. Hence, if there are two laws on the same subject enacted on different dates, the latter law cannot be held to have abrogated the former law, unless the repugnancy is clear, convincing and irreconcilable. [Suarez, Stat. Con., (1993), p. 34, citing Manila Lodge No. 761 v. CA, GR L-41001. Sep. 30, 1976]. Presumption of law. 1. An assumption required by law whenever a predetermined set of facts arises, e.g. in criminal law the accused is presumed innocent until
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
885 proven guilty beyond a reasonable doubt. [Tetley, Glossary of Conflict of Laws, 2004]. 2. A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence. [Jurist’s Legal Dict., 2004]. Presumption of man. Evid. A presumption which is formed by the judge from circumstances antecedent to, coincident with or subsequent to the principal fact under investigation. [Vidal de Roces v. Posadas, GR 34937. Mar. 13, 1933]. Also called Presuncion de hombre. Presumption of marriage. Civ. Law. The presumption that persons dwelling together in apparent matrimony, in the absence of any counter-presumption or evidence special to the case, are in fact married. The reason is that such is the common order of society, and if the parties were not what they thus hold themselves out as being, they would be living in the constant violation of decency and of law. [Adong v. Cheong See Gee, GR L18081. Mar. 3, 1922]. Presumption of payment of prior installments. The presumption that prior installments were paid upon
the presentation of a receipt of payment subsequent thereto. [Manila Trading & Supply Co. v. Medina, GR L16477. May 31, 1961]. Presumption of regularity in the performance of official duty. Evid. 1. A disputable or rebuttable presumption that an official act or duty has been regularly performed. [Sec. 3 (m), Rule 131, RoC]. 2. The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. The presumption, however, prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive. Every reasonable intendment will be made in support of the presumption and in case of doubt as to an officer's act being lawful or unlawful, construction should be in favor of its lawfulness. [People v. De Guzman, GR 106025. Feb. 9, 1994, 31A CJS pp. 332-336]. Presumption of renunciation in the delivery of a private instrument. The presumption under Art. 1271 of the Civil Code that the delivery of a private document evidencing a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
886 credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. [Claridades, A., Compilation of Notes, 2001-2006]. Presumption of simultaneity. The presumption that when the testator calls to the succession a person and his children, they are all deemed to have been instituted simultaneously and not successively. [Art. 849, CC]. Presumption of suppression of evidence. Evid. The disputable presumption that evidence willfully suppressed would be adverse if produced. [Sec. 3 (e), Rule 131, RoC]. Presumption survivorship. Survivorship presumption.
of See
Presumption of validity. Evid. The presumption that a judgment of a court of justice is valid and enforceable, where the record discloses that all the steps necessary to confer jurisdiction have been taken, and that the court has jurisdiction on the subject matter. There is presumption that decisions of the trial court are correct. [Herrera,
Remedial Law, Vol. VI, 1999 Ed., p. 89]. Presumptive death declaration. Requisites: (a) That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Art. 391, Civil Code; (b) that the present spouse wishes to remarry; (c) that the present spouse has a well-founded belief that the absentee is dead; and (d) that the present spouse files a summary proceeding for the declaration of presumptive death of the absentee. [Art. 41, FC]. Presuncion de hombre. Sp. See Presumption of man. Preterition (of heirs). Also Pretermission of heirs. Succ. 1. The omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator which shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. [Art. 854, CC]. 2. The omission in the testator's will of the compulsory heirs or anyone
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
887 of them, either because they are not mentioned therein, or, though mentioned, they are neither instituted as heirs nor are expressly disinherited. [Neri v. Akutin, 72 Phil. 323].
required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day. [Sec. 28, Chap. 7, Book I, Admin. Code of 1987].
Preterition. Succ. Requisites: 1. (a) The heir omitted must be a compulsory heir in the direct line; (b) the omission must be complete and total in character in such a way that the omitted heir does not and has not received anything at all from the testator by any title whatsoever; and (c) the compulsory heir omitted should survive the testator. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 104, citing Art. 854, CC]. 2. (a) The heir omitted is a forced heir (in the direct line); (b) the omission is by mistake or thru an oversight; (c) the omission is complete so that the forced heir received nothing in the will. [Separate Opinion, MelencioHerrera in Acain v. IAC, GR L72706. Oct. 27, 1987, citing Padilla, Civil Code Annotated, 1973 Ed., p. 224225].
Pretermitted child. Succ. A child born after a will is executed, who is not provided for by the will. [Jurist’s Legal Dict., 2004].
Pretermission of heirs. Succ. See Preterition of heirs. Pretermission of Holiday. Where the day, or the last day, for doing any act
Pre-test counseling. The process of providing an individual information on the biomedical aspects of HIV/AIDS and emotional support to any psychological implications of undergoing HIV testing and the test result itself before he/she is subjected to the test. [Sec. 4, RA 8496]. Pre-trial. Rem. Law. A procedural device by which the court is called upon after the filing of the last pleading, to compel the parties and their lawyers to appear before it, and negotiate an amicable settlement or otherwise make a formal statement and embody in a single document the issues of fact and law involved in the action, such as the number of witnesses the parties intend to present, the tenor or character of their testimonies, their documentary evidence, the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
888 nature and purpose of each of them, and the number of trial dates that each will need to put on his case. [Bench Book for Trial Court Judges, p. 2-33]. Pre-trial conference. Rem. Law. Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial. [Glossary of Legal Terms (Pro-Se), 2004]. Pre-trial investigation. Rem. Law. An investigation which corresponds to the preliminary investigation, where the object is to determine the existence of a prima facie case that would warrant the prosecution of the accused. [Kapunan v. De Villa, GR L-83177. Dec. 6, 1988]. Compare with Factfinding inquiry. Pre-trial order. Rem. Law. An order embodying the agreements reached at the pre-trial conference which shall control the subsequent course of the trial and should not be disturbed unless there would be manifest injustice. [Dy, Jr. v. CA, GR 97130. June 19, 1991]. Pretrimonial advantage. The enrichment of a person by his receiving and/or
enjoying benefits from the service rendered or for the goods delivered by another to him with the resulting improvement of the condition of his life. [Moreno’s Law Dict., 2000 Ed., p. 360]. Prevailing party. The party to a suit who successfully prosecutes the action or successfully defends against it, prevailing on the main issue, even though not necessarily to the extent of his original contention. [Black’s Law Dict., Abr. 5th Ed. (1983), 619]. Prevailing price. The average price at which any basic necessity has been sold in a given time within a month from the occurrence of any of the conditions enumerated under Sec. 6 of RA 7851. [Sec. 3, RA 7581]. Preventive injunction. Rem. Law. An injunction which commands a party to refrain from doing an act. [Moreno’s Law Dict., 2000 Ed., p. 361]. Compare with Prohibition. Preventive suspension. Admin. Law. 1. The suspension from office by the proper disciplining authority of any subordinate officer or employee under his authority pending an investigation, if the charge against such officer or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
889 employee involves dishonesty, oppression or grave misconduct, or neglect in the performance of duty, or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service. [EO 292]. 2. a preliminary step in an administrative investigation. It is not a punishment. If after such investigation, the charges are established and the person investigated is found guilty of acts warranting his removal, then he is removed or dismissed from office. This is the penalty. [Nera v. Garcia, GR L-13160. Jan. 30, 1960]. Prevent losses. In its ordinary connotation, the phrase means that retrenchment or termination of the services of some employees is authorized to be undertaken by the employer sometime before the losses anticipated are actually sustained or realized. [Lopez Sugar Corp. v. Fed. of Free Workers, GR 75700-01. Aug. 30, 1990]. Price Act. RA 7581 entitled “An Act providing protection to consumers by stabilizing the prices of basic necessities and prime commodities and by prescribing measures against undue price increases during emergency
situations and like occasions” enacted on May 27, 1992. Price ceiling. The maximum price at which any basic necessity or prime commodity may be sold to the general public. [Sec. 3, RA 7581]. Price comparison. The direct comparison in any advertisement of a seller's current price for consumer products or services with any other price or statement of value for such property or services expressed in pesos, centavos, fractions or percentages. [Art. 4, RA 7394]. Price difference. The amount obtained after subtracting the C.I.F. import price from the trigger price. [Sec. 4, RA 8800]. Price subsidy. The payment of Government of an additional amount for every unit of output sold by the farmers in the open market. [Sec. 4, RA 7607]. Price tag. Any device, written, printed, affixed or attached to a consumer product or displayed in a consumer repair or service establishment for the purpose of indicating the retail price per unit or service. [Art. 4, RA 7394].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
890 Priest. One especially consecrated to the service of a divinity and considered as the medium through whom worship, prayer, sacrifice, or other service is to be offered to the being worshipped, and pardon, blessing, deliverance, etc., obtained by the worshipper, as a priest of Baal or of Jehovah; a Buddhist priest. [Adong v. Cheong See Gee, GR L18081. Mar. 3, 1922]. Prima facie. Lat. At first sight. 1. On the first appearance. On the face of it. A fact presumed to be true unless disproved by some evidence to the contrary. [Claridades, A., Compilation of Notes, 20012006]. 2. A rule whereby a particular fact constitutes evidence of a state of affairs, unless contradicted by other stronger, admissible evidence. [Tetley, Glossary of Conflict of Laws, 2004]. Prima facie case. A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. [Glossary of Legal Terms (Pro-Se), 2004]. Prima facie evidence. 1. Evidence which, standing alone and unexplained, would maintain the proposition and warrant the
conclusion to support which it is introduced. [Rep. v. Sandiganbayan, GR 11270809. Mar. 29, 1996]. 2. Evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Conclusive evidence. Prima facie or disputable or rebuttable presumption. A presumption which stays until evidence to the contrary is admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9]. Primarily confidential. The phrase denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of [discussion and delegation and reporting] without embarrassment or freedom from misgivings of betrayals of personal trust or confidential matters of state. [Tria v. Sto. Tomas, GR 85670. July 31, 1991]. Primary accountability. The accountability of the head of a department or office for supplies or property transferred to his department or office for issuance to the end-user.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
891 [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Primary authority. Constitutions, codes, statutes, ordinances, and case law sources. [Glossary of Legal Terms (Pro-Se), 2004]. Primary beneficiaries. The dependent spouse until he remarries and dependent children. [Art. 167, LC]. Compare with Secondary beneficiaries. Primary beneficiary. A beneficiary who is first entitled to benefits on the death of the insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28]. Primary compulsory heirs. Heirs who are always entitled to their legitime as provided by law regardless of the class of compulsory heirs with which they may concur. They include all kinds of compulsory heirs with the exception of parents or ascendants. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 236]. See Secondary compulsory heirs. Primary evidence. Also Best evidence. Evidence which affords the greatest certainty of the fact in question. [Claridades, A.,
Compilation of Notes, 20012006]. Compare with Secondary evidence or Substitutionary evidence. Primary jurisdiction doctrine. Courts cannot and will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal having been so placed within its special competence under a regulatory scheme. In such instances the judicial process is suspended pending referral to the administrative body for its view on the matter in dispute. [Brett v. IAC, GR 74223, 27 Nov. 1990, 191 SCRA 687, 698 and Industrial Ent. v. CA, GR 88550, 18 Apr. 1990, 184 SCRA 426, 432]. Primary or corporate franchise. The right to exist as a corporation which is vested in the individuals who compose the corporation and not in the corporation itself, and cannot be conveyed in the absence of legislative authority so to do. [JRS Business v. Imperial Ins., GR L-19891. July 31, 1964]. Compare with Secondary or special franchise. Primary processing. The physical alteration of raw agricultural or fishery
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
892 products with or without the use of mechanical facilities. [Sec. 4, RA 8435]. Prime commodities. They include fresh fruits; flour; dried processed and canned pork; beef and poultry meat; dairy products not falling under basic necessities; noodles; onions; garlic; vinegar; patis; soy sauce; toilet soap; fertilizer; pesticides; herbicides; poultry; swine and cattle feeds; veterinary products for poultry, swine and cattle; paper; school supplies; nipa shingles; sawali; cement; clinker; GI sheets; hollow blocks; plywood; plyboard; construction nails; batteries; electrical supplies; light bulbs; steel wire; and all drugs not classified as essential drugs by the DOH. [Sec. 3, RA 7581]. Primitive tribe. A group of endemic tribe living primitively as a distinct portion of a people from a common ancestor. [Sec. 3, PD 705]. Principal. An agent’s master; the person for whom an agent has received instruction and to whose benefit the agent is expected to perform and make decisions. [Duhaime's Legal Dict., 2004].
Principal by indispensable cooperation. One who shall participate in the criminal resolution, a conspiracy or unity in criminal purpose and cooperation in the commission of the offense by performing another act without which it would not have been accomplished. [People v. Jorge, GR 99379. Apr. 22, 1994, citing Padilla, Crim. Law Book I, 1974 Ed., p. 517]. Principal by indispensable cooperation. Requisites: (a) participation of the subject accused in the criminal resolution and (b) performance by him of another act indispensable to the accomplishment of the crime. [People v, Fronda, GR 102361-62. May 14, 1993]. Principal by inducement. Requisites: (a) That the inducement be made directly with the intention of procuring the commission of the crime; and (b) that such inducement be the determining cause of the commission of the crime by the material executor. [People v. Dela Cruz, GR L30912. Apr. 30, 1980]. Principal debtor. A party ultimately liable on the negotiable instrument, hence the maker or acceptor. [Diaz, Bus. Law Rev., 1991 Ed., p. 360].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
893 Principal display panel. That part of the label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail or sale. [Art. 4, RA 7394]. Principal officer. The head of a consulate or consulate general of the Philippines. [Sec. 5, RA 7157]. Principals. The following are considered principals: (a) Those who take a direct part in the execution of the act; (b) those who directly force or induce others to commit it; (c) those who cooperate in the commission of the offense by another act without which it would not have been accomplished. [Art. 17, RPC]. Printed. As applied to books, that which is produced by printing, lithography, photography, duplication, or any like process. [Sec. 3, PD 812]. Printed matter. The reproduction upon paper, by any process except that of handwriting or typewriting, of any words, letters, characters, figures or images, or any combination thereof, not having the character of an actual and
personal correspondence. [Sec. 2, RA 7354]. Printer. The proprietor of the printing establishment. [Sec. 3, PD 812]. Prior est in tempore, potior est in jure. Lat. He who is first in time is preferred in right. [La Urbana v. Bernardo, 62 Phil. 790, 806]. Priority of possession. Prior possession of the disputed property by a contending party before the controversy arose. [Moreno’s Law Dict., 2000 Ed., p. 363]. Prior restraint or censorship. A curtailment of the freedom of expression and of the press made through restrictions or conditions in advance of actual publication or dissemination. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 158]. Prior tempore potior jure. Lat. He who is first in time is preferred in right. [Gomez v. Jugo, 48 Phil., 118 (1925)]. Prision correccional, suspension, and destierro. The penalties the duration which shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
894 that of the principal penalty. [Art. 27, RPC]. Prision mayor and temporary disqualification. The penalties the duration of which shall be from six years and one day to twelve years (of imprisonment), except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. [Art. 27, RPC]. Prius tempore, potior jure. Lat. First in time, stronger in right. 1. Knowledge by the first buyer of the second sale cannot defeat the first buyer's rights except when the second buyer first registers in good faith the second sale. [Olivares v. Gonzales, 159 SCRA 33]. 2. Conversely, knowledge gained by the second buyer of the first sale defeats his rights even if he is first to register, since knowledge taints his registration with bad faith. [See also Astorga v. CA, GR 58530, 26 Dec. 1984]. 3. It is essential, to merit the protection of Art. 1544, 2nd Par. of the Civil Code, that the second realty buyer must act in good faith in registering his deed of sale. [Cruz v. Cabana, GR 56232, 22 June 1984, 129 SCRA 656, citing Carbonell v. CA, 69 SCRA 99, Crisostomo
v. CA, GR 95843, 02 Sep. 1992; Vitug, Compendium of Civil Law and Jurisp., 1993 Ed., p. 604). Privacion de libertad. Sp. Deprivation of liberty. As used in the Spanish text of Art. 157 of the Rev. Penal Code, the term is not the same as the word "imprisonment" as erroneously translated in the English text. Hence, while "imprisonment" cannot include destierro, "privacion de libertad" may include it. [People v. Abilong, GR L1960. Nov. 26, 1948]. Inasmuch as the Rev. Penal Code was originally approved and enacted in Spanish, the Spanish text governs. [People v. Manaba, 58 Phil., 665, 668]. Private. Belonging to or concerning, an individual person, company, or interest. [Aquino-Sarmiento v. Morato, GR 92541. Nov. 13, 1991, citing People v. Powell, 274 NW 372 (1937)]. Compare with Public. Private bills. Bills filed in Congress that will not operate directly for the public good but are calculated to serve goodwill (i.e., bills granting honorary membership). [Claridades, A., Compilation of Notes, 2001-2006].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
895 Private carrier. One which, without being engaged in the business of carrying as a public employment, undertakes to deliver goods or passengers for compensation. [Home Ins. Co. v. Amer. Steamship Agency, 23 SCRA 24]. Compare with Common carriers. Private corporations. Corporations formed fro some private purpose, benefit, or end. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 40]. Compare with Public corporations. Private crimes. Crimes which cannot be prosecuted except upon a complaint filed by the offended party, such as concubinage, adultery, seduction, abduction, acts of lasciviousness and defamation imputing any of the aforesaid offenses. [People v. CFI of Quezon, Branch VII, GR L-46772. Feb. 13, 1992]. Private detective. A private detective is any person who is not a member of a regular police agency of the Armed Forces of the Philippines who does detective work for hire, reward, or commission. [Sec. 3, RA 5487].
Private detective agency. A private detective agency is any person, who, for hire or reward or on commission, conducts or carries on or holds himself or itself out as conducting or carrying on a detective agency, or detective service. [Sec. 3, RA 5487]. Private development banks. Banks duly organized under RA 4093 with authority to operate under existing laws. [Sec. 4, RA 7607]. Private document. Every deed or instrument executed by a private person, without the intervention of a public notary or of other person legally authorized, by which document some disposition or agreement is proved, evidenced or set forth. [US v. Orera, GR 3810. Oct. 18, 1907]. Private employment agency. Ay person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both. [Art. 13, LC]. Private Employment Agency Act. Act No. 3957, as amended. [Expressly repealed by the Labor Code].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
896 Private enterprise. An economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. This includes industrial, agricultural, agroindustrial or service establishments engaged in the production, manufacturing, processing, repacking, assembly, or production of goods. [Sec. 1, IRR, RA 7796]. Private enterprises. An economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. [Sec. 4, RA 7796]. Private gratuitous permit. The gratuitous permit granted by the provincial governor to any owner of land. [Sec. 50, RA 7942]. Private hospital. One which is privately owned, established and operated with funds raised or contributed through donations, or by private capital or other means, by private individuals, association, corporation, religious organization, firm, company or joint stock association. [Sec. 2, RA 4226].
Private international law. That division of international law that deals primarily with the rights and duties of individuals and nongovernmental organizations in their international affairs. [Intl. Law Dict. & Direct., 2004]. See also Conf. of Laws. Private labeler. An owner of a brand or trademark on the label of consumer product other than a manufacturer of the product. [Art. 4, RA 7394]. Private land. Any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued. [Sec. 3, RA 7942]. Private law. 1. Body of rules which creates duties, rights and obligations, and the means and methods of setting courts in motion for the enforcement of a right or of a redress of wrong. [Suarez, Stat. Con., (1993), p. 38, citing Words & Phrases, Vol. 24, 337]. 2. That law, such as a contract
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
897 between two persons or a real estate transaction, which applies only to the persons who subject themselves to it. [Glossary of Legal Terms (Pro-Se), 2004]. Private motor vehicle. Any of the following: (a) Any motor vehicle owned by individuals and juridical persons for private use; (b) any motor vehicle owned by the National Government or any of its agencies, instrumentalities or political subdivisions, including government-owned or controlled corporations or their subsidiaries for official use; and (c) any diplomatic vehicle. Private nuisance. 1. A nuisance that is not included in the definition of Public nuisance. [Art. 695, CC]. 2. One which violates only private rights and produces damages to but one or a few persons. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 436, citing 34 Ind. App. 346, 72 NE 1037]. Private nuisance, remedies against. (a) A civil action; or (b) abatement, without judicial proceedings. [Art. 705, CC]. Private ownership. Property belonging to private persons either individually or collectively. [Memo. from the
Exec. Sec. dated Aug. 20, 1998]. Private practice. The term, as commonly understood, means "an individual or organization engaged in the business of delivering legal services.” [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Private practitioner. The term which in many ways is synonymous with the word "lawyer." [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Private recruitment entity. Any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers. [Art. 13, LC]. Private right. Titled rights of ownership under existing laws, and in the case of primitive tribes, to rights of possession existing at the time a license is granted under the Forestry Reform Code, which possession may include places of abode and worship, burial grounds, and old clearings, but excludes production forest inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
898 economic value. [Sec. 3, PD 705]. Private schools. Educational institutions maintained and administered by private individuals or groups. [Sec. 26, BP 232]. Private sector infrastructure or development projects. The general description of infrastructure or development projects normally financed and operated by the public sector but which will now be wholly or partly implemented by the private sector. [Sec. 2, RA 7718]. Private Security Agency Law, The. RA 5487 entitled “An Act to regulate the organization and operation of private detective, watchmen or security guards agencies” enacted on June 21, 1969. Privies. Those who have mutual or successive relationship to the same rights of property or subject matter such as personal representatives, heirs, devisees, legatees, assigns, voluntary grantees, or judgment creditors or purchasers from them with notice of the facts. [Claridades, A., Compilation of Notes, 2001-2006].
Privilege. 1. A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc. [Glossary of Legal Terms (Pro-Se), 2004]. 2. A special and exclusive legal advantage or right such as a benefit, exemption, power or immunity. [Duhaime's Legal Dict., 2004]. Privileged communication. 1. A communication made bona fide upon any subject matter in which the party communicating has an interest, or in reference to which he has a duty and made to a person having a corresponding interest or duty, although it contained incriminatory matter which without this privilege would be slanderous and actionable [Daez v. CA, GR 47971. Oct. 31, 1990, citing Harrison v. Bush, 5 E. & B., 3441]. 2. A statement made by a person in trust to another, such as a lawyer, a doctor or a priest, which statement may not be revealed at the trial without the consent of the litigant. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. Privileged communication. Requisites in order that the privilege may be successfully invoked: (a) the privilege is claimed in a civil
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
899 case; (b) the person against whom the privilege is claimed is one duly authorized to practice medicine, surgery or obstetrics; (c) such person acquired the information while he was attending to the patient in his professional capacity; (d) the information was necessary to enable him to act in that capacity; and, (e) the information was confidential and, if disclosed, would blacken the reputation (formerly character) of the patient. [Krohn v. CA, GR 108854. June 14, 1994]. Privileged motion. A motion that pertains to a subject matter which, under the rules, takes precedence over others. [Rule XXI. §123, Rules of the HoR]. Privilege from arrest. Pol. Law. The immunity granted to the members of the Congress under Art. VI, Sec. 11 of the 1987 Constitution from arrest, in all offenses punishable by not more than six years imprisonment, while the Congress is in session. [Claridades, A., Compilation of Notes, 20012006]. See Parliamentary immunities. Privity. A legal relationship sufficiently close and direct to support a legal claim on behalf of or against another
with whom the relationship exists. [Intl. Law Dict. & Direct., 2004]. Privity of contract. 1. The relationship created between the parties to a contract. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. That connection or relation which exists between two or more contracting parties. [Black’s Law Dict., Abr. 5th Ed. (1983), 631]. Privity of estate. That which exists between lessor and lessee, tenant for life and remainderman or reversioner, etc. and their respective assignees, and between joint tenants and co-partners. [Moreno’s Law Dict., 2000 Ed., p. 365]. Privy. 1. One who is a partaker or has any part or interest in any action, matter, or thing. [Moreno’s Law Dict., 2000 Ed., p. 365]. 2. A person who is in privity with another. One who is a partaker or has any part or interest in any action, matter, or thing. [Black’s Law Dict., Abr. 5th Ed. (1983), 627]. Prize. Intl. Law. A thing captured at sea in time of war, such as a neutral merchant vessel taken by a belligerent warship for engaging in hostile activities or resisting visit and search,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
900 or because of reasonable suspicion that it is liable to confiscation. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 152]. Prize court. Intl. Law. A tribunal established by a belligerent under its own laws, in its territory or in the territory of any of its allies, for the purpose of determining the validity of maritime captures. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 152]. Probable aggressor. In the natural order of things, the person who, before the event in question, had felt aggrieved or offended. [Moreno’s Law Dict., 2000 Ed., p. 366]. Probable cause. 1. Such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper. [Bernas, The Const. of the Rep. of the Phils.: A Commentary, Vol. I., 1987 Ed., p. 86, citing People v. Sy Juco, 64 Phil. 674 (1937)]. 2. The existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which
he was prosecuted. [Que v. IAC, GR 66865, Jan. 13, 1989, 169 SCRA 137]. Probable cause, existence of. Requisites: (a) The judge (or) officer must examine the witnesses personally; (b) the examination must be under oath; and (c) the examination must be reduced to writing in the form of searching questions and answers. [Marinas v. Sioco, 104 SCRA 403, Ponsica v. Ignalaga, GR 72301, July 31, 1987, 152 SCRA 647]. Probable cause for a search warrant. Such facts and circumstances which would lead a reasonably discrete and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. [Burgos v. Chief of Staff, GR 64261, Dec. 26, 1984, 133 SCRA 800]. Probable cause for the issuance of a warrant of arrest. Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. [Allado v. Diokno, 232 SCRA 192 (1994)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
901 Probate. 1. The legal procedure to determine whether a certain document claimed to be a last will and testament is valid and properly executed in compliance with law. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. Court proceeding by which a will is proved valid or invalid. All proceedings pertaining to the administration of estates such as the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will. [Duhaime's Legal Dict., 2004]. See Allowance of wills. Probate court. 1. The court with authority to supervise estate administration. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The name given to the court that has this power to ratify wills. [Duhaime's Legal Dict., 2004]. Probation. 1. A disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. [Sec. 3, PD 968]. 2. An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment. [Glossary of Legal Terms (Pro-Se), 2004]. 3. A kind of punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly and according to a set schedule. [Duhaime's Legal Dict., 2004]. Probationary. The word, as used to describe the period of employment, implies the purpose of the term or period, but not its length. [Intl. Catholic Migration Commission v. NLRC, GR 72222. Jan. 30, 1989]. Probationary employee. As understood under Art. 282 (now Art. 281) of the Labor Code, one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment. [Intl. Catholic
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
902 Migration Commission v. NLRC, GR 72222. Jan. 30, 1989]. Probationary employment. Employment which shall not exceed six months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee. [Art. 281, LC]. Probationer. A person placed on probation. [Sec. 3, PD 968]. Probation Law of 1976. PD 968. entitled “Establishing a probation system, appropriating funds therefor and for other purposes” signed into law on July 24, 1976. Probation officer. One who investigates for the court a referral for probation or supervises a probationer or both. [Sec. 3, PD 968].
Pro bono. Lat. Provided for free. Pro bono publico means for the public good. [Duhaime's Legal Dict., 2004]. Procedural due process. That which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. It contemplates notice and opportunity to be heard before judgment is rendered affecting one's person or property. [Macabingkil v. Yatto, 21 SCRA 131 (1967), citing Cruzcosa v. Concepcion, 101 Phil. 147 (1957), Abuan v. Valera, 72 SCRA 301(1976)]. Compare with Substantive due process. Procedural due process. Common elements: (a) Notice; and (b) opportunity to be heard. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 98]. Procedural due process in administrative proceedings. Requirements: (a) The right to a hearing which includes the right of the party interested or affected to present his own case and submit evidence in support thereof; (b) the tribunal must consider the evidence presented; (c) the decision must have something to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
903 support itself; (d) the evidence must be substantial; (e) the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; (f) the tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision; (g) the tribunal or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered. [Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Procedural due process in judicial proceedings. Procedural due process in judicial proceedings. Requirements: (a) There must be a court of tribunal clothed with judicial power to hear and determine the matter before it; (b) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceeding; (c) the defendant must be given an opportunity to be heard; and (d) judgment must rendered upon lawful hearing. [El
Blanco Español-Filino, v. Palanca, GR L-11390. Mar. 26, 1918]. Compare with Procedural due process in administrative proceedings. Procedural lapse or error. Proceedings (which are deemed to be) null and void if and when the error is shown to have caused harm. [Lindo v. Comelec, GR 95016. Feb. 11, 1991]. Procedural law. Adjective law.
See
Procedural law. Also Adjective private law. The means and methods of setting the courts in motion, making the facts known to them and effectuating their judgments. [Suarez, Stat. Con., (1993), p. 39]. Compare with Substantive private law. Procedure. The means whereby the court reaches out to restore rights and remedy wrongs, and includes every step which may be taken from the beginning to the end of a case [Maritime Co. v. Paredes, GR L-24811. Mar. 3, 1967, citing 72 CJS 473]. Proceeding. A judicial, administrative, or other adjudicative process, including related pre-hearing motions, conferences and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
904 disco-very. 9285].
[Sec.
3,
RA
Process. It is equivalent to, or synonymous with proceedings or procedure and embraces all the steps and proceedings in a cause from its commencement to its conclusion. Sometimes, the term is also broadly defined as the means whereby a court compels compliance with its demands. [Macondray v. Bernabe, 67 Phil. 658,661 (1939), citing 50 CJ 441]. Processed food or food products. Food that has been subjected to some degree of processing like milling, drying, concentrating, canning, or addition of some ingredients which changes partially or completely the physicochemical and/or sensory characteristics of the food's raw material. [Sec. 3, RA 8976]. Processing. Converting raw materials into marketable form by a special treatment or a series of actions that results in a change of the nature or state of the products, such as by slaughtering, milling, pasteurizing, drying or desiccating, quick freezing, and the like. Merely packing, packaging, or sorting out and classifying shall not, by
themselves, processing. 6135].
[Sec.
constitute 3, RA
Processing plant. Any mechanical set-up, machine or combination of machine used for the processing of logs and other forest raw materials into lumber, veneer, plywood, wallboard, blackboard, paper board, pulp, paper or other finished wood product. [Sec. 3, Rev. Forestry Code]. Processor. A person issued a license to engage in the treatment of minerals or orebearing materials such as by gravity concentration, leaching benefication, cyanidation, cutting, sizing, polishing and other similar activities. [Sec. 3, RA 7076]. Processual presumption. The presumption that, in the absence of proof, the foreign law is the same as the law of the forum. [Miciano v. Brimo, 50 Phil. 867 (1924)]. Proces verbal. Intl. Law. The formal record of the proceedings or conference, for which sometimes the term “protocol” is used. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Procuration. Agency; proxy; the act of constituting another one’s attorney in fact. Indorsing a bill or note
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
905 “by procuration” is doing it as proxy to another or by his authority. [Black’s Law Dict., Abr. 5th Ed. (1983), 631]. Procurement. 1. The acquisition of goods, consulting services, and the contracting for infrastructure projects by the procuring entity. Procurement shall also include the lease of goods and real estate. With respect to real property, its procurement shall be governed by the provisions of RA 8974. [Sec. 5, RA 9184]. 2. The acquisition of supplies or property, including non-personal services, by written order or contract through bidding or negotiation or by transfer under existing laws or regulations. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Procuring entity. Any branch, department, office, agency, or instrumentality of the government, including state universities and colleges, government-owned and/or controlled corporations, government financial institutions, and local government units procuring goods, consulting services and infrastructure projects. [Sec. 5, RA 9184]. Procuring entity, head of the. (i) The head of the agency or his duly
authorized official, for national government agencies; (ii) the governing board or its duly authorized official, for governmentowned and/or-controlled corporations; or (iii) the local chief executive, for local government units. Provided, That in a department, office or agency where the procurement is decentralized, the Head of each decentralized unit shall be considered as the Head of the procuring entity subject to the limitations and authority delegated by the head of the department, office or agency. [Sec. 5, RA 9184]. Producer. Any individual or group of individuals engaged in the production of movies, films, motion pictures, shows or advertisements, whether on cinema, theater, radio or television, wherein the services of such child/employee are hired. [Sec. 2, RA 7658]. Producer goods. Goods (as tools and raw material) that are factors in the production of other goods and that satisfy wants only indirectly; also called auxiliary goods, instrumental goods, intermediate goods. (They are by their very nature not sold to the public for consumption.) [Marsman & Co. v. First Coconut Central
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
906 Co., GR L-39841. June 20, 1988, citing Webster's 3rd New Intl. Dict., 1971 Ed.]. Producer of a sound recording. The person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representation of sounds. [Sec. 202, RA 8293]. Producers cooperative. One that undertakes joint production whether agricultural or industrial. [Art. 23, RA 6938]. Producing patented mineral claims. Those claims producing minerals for commercial purposes. [Sec. 18, PD 464]. Product. Anything that is produced, whether as the result of generation, growth, labor or thought. [Molina v. Rafferty, 38 Phil. 171; 50 CJS, pp. 631-632]. Production cost. The total of the cost of direct labor, raw materials, and manufacturing overhead, determined in accordance with generally accepted accounting principles, which are incurred in manufacturing or processing the products of a registered
export producer. [Sec. 3, RA 6135]. Production infrastructure. Farm-to-market roads, irrigation, rural electrification, ports, drying areas, public sites, warehouses and other physical facilities used for productivity enhancing services, extension management assistance, training, research and development. [Sec. 4, RA 7607]. Productivity Incentives Act of 1990. RA 6971 entitled “An Act to encourage productivity and maintain industrial peace by providing incentives to both labor and capital” enacted on Nov. 22, 1990. Productivity incentives program. A formal agreement established by the labor-management committee containing a process that will promote gainful employment, improve working conditions and result in increased productivity, including cost savings, whereby the employees are granted salary bonuses proportionate to increases in current productivity over the average for the preceding three (3) consecutive years. The agreement shall be ratified by at least a majority
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
907 of the employees who have rendered at least six (6) months of continuous service. [Sec. 4, RA 6971]. Product liability. Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods. [Jurist’s Legal Dict., 2004]. Profectitious property. Property given by the parents to the minor child for the latter to administer. It is owned by the parents who are also the usufructuary of the property. Compare with Adventitious property. Professional. One who pursues an art and makes his living therefrom such as artists, athletes and others similarly situated. [Sec. 2, RA 7496]. Professional reinsurer. Any person, partnership, association or corporation that transacts solely and exclusively reinsurance business in the Philippines. [Sec. 280, IC]. Professionals. Persons who derive their income from the practice of their profession. This includes lawyers and other persons who are registered with the Professional Regulation
Commission such as doctors, dentists, certified public accountants and others similarly situated. [Sec. 2, RA 7496]. Professional squatters. Individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates. [Sec. 3, RA 7279]. Profit. 1. The series of an amount received over the amount paid for goods and services. [Nicolas v. CA, GR 122857. Mar. 27, 1998, citing Barron's Law Dict., 1991]. 2. The excess of return over expenditure in a transaction or series of transactions. [Nicolas v. CA, GR 122857. Mar. 27, 1998, citing Webster's 3rd New Intl. Dict., Unabr., 1986].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
908 Profiteering. The sale or offering for sale of any basic necessity or prime commodity at a price grossly in excess of its true worth. [Sec. 5, RA 7581]. Pro forma. As a matter of form; in keeping with a form or practice. [Duhaime's Legal Dict., 2004]. Pro-forma motion. A motion that merely advances facts or arguments that were already available when the preceding motion for reconsideration was submitted. Such succeeding motion should not interrupt any procedural period by the Rules of Court. [PAL v. Arca, 19 SCRA 300]. Pro-forma motion for new trial. 1. A motion for new trial based exactly on the very ground alleged in the motion for reconsideration, which does not suspend the period granted by law for perfecting an appeal. [Samudio v. Municipality of Gainza, 100 Phil. 1013 (1957)]. 2. A motion for new trial where the evidence claimed to be newly discovered is not specifically described in the motion. [See Loria v. CA, 6 SCRA 1067 (1962)]. 3. A motion for new trial on the ground of newly discovered evidence which does not set forth
facts or circumstances which would qualify said evidence as newly discovered. [Dapin v. Dionaldo, GR 55488. May 15, 1992]. Pro forma motion for reconsideration. 1. A motion which raises as a ground that the judgment is against the evidence presented and is against the law without pointing out the findings and pronouncements made in that judgment that were contrary to evidence and the law. [Moreno’s Law Dict., 2000 Ed., p. 366]. A motion for reconsideration which is but a reiteration of the reasons and arguments previously set forth in movant’s memorandum but which has already been considered, weighed and resolved adversely to him in the decision rendered on the merits. [Ibid.]. Pro-forma parties. Those who are required to be joined as co-parties in suits by or against another party as may be provided by the applicable substantive law or procedural rule. [Claridades, A., Compilation of Notes, 2001-2006]. Program. The functions and activities necessary for the performance of a major purpose for which a government agency is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
909 established. [Sec. 2, Chap. 1, Book VI, EO 292]. Progressive tax. Also Graduated tax. 1. Tax the rate of which increases as the tax base or bracket decreases. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 15]. 2. A tax in which the rate of taxation increases as income increases. [Intl. Law Dict. & Direct., 2004]. Progressive taxation. Taxation the rate of which goes up depending on the resources of the person affected. [Reyes v. Almanzor, GR 49839-46. Apr. 26, 1991]. Compare with Equitable taxation. Pro hac vice. Lat. For this turn; for this one particular occasion. [Black’s Law Dict., Abr. 5th Ed. (1983), 633]. Prohibited drug. 1. This includes opium and its active components and derivatives, such as heroin and morphine; coca leaf and its derivatives, principally cocaine; alpha and beta eucaine; hallucinogenic drugs, such as mescaline, lysergic acid diethylamide (LSD) and other substances producing similar effects; Indian hemp and its derivates; all preparations made from any of the foregoing; and other drugs,
whether natural or synthetic, with the physiological effects of a narcotic drug. [Sec. 2, RA 6425]. 2. This includes opium, cocaine, alpha and beta eucaine, Indian hemp, their derivatives, and all preparations made from them or any of them, and such other drugs, whether natural or synthetic, having physiological action as a narcotic drug. [Art. 190, RPC]. Prohibited transactions. Crim. Law. The felony committed by any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. [Art. 215, RPC]. Prohibited pleadings and motions. Pleadings, motions, or petitions not allowed in the cases covered by under Sec. 19 of the Revised Rules on Summary Procedure. [Bayview Hotel v. CA, GR 119337. June 17, 1997]. Prohibited publication of acts referred to in the course of official proceedings. Crim. Law. The felony committed by any reporter, editor or manager or a newspaper, daily or magazine, who shall publish
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
910 facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. [Art. 357, RPC]. Prohibition. A legal restriction against the use of something or against certain conduct. [Duhaime's Legal Dict., 2004]. Prohibition, interruption and dissolution of peaceful meetings. Crim. Law. The felony committed by any public officer or employee: (a) who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same; or (b) who shall hinder any person from joining any lawful association or from attending any of its meetings, or (c) who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. [Art. 131, RPC]. Prohibition, petition for. 1. When the proceedings of
any tribunal, corporation, board, or person, whether exercising functions judicial or ministerial, are without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court alleging the facts with certainty and praying that judgment be rendered commanding the defendant to desist from further proceedings in the action or matter specified therein. [Sec. 2, Rule 65, RoC]. 2. Preventive action intended to stop the court, corporation, board or person exercising judicial or ministerial functions from the usurping or exercising jurisdiction which it/he does not have. Prohibition does not undo action but restraints further proceedings. An aggrieved party may file this petition if there is no appeal or any other plain, speedy or adequate remedy in the ordinary course of law which will prevent the performance of some act. [Claridades, A., Compilation of Notes, 20012006]. Prohibitive laws, rule on. The rule that prohibitive laws concerning persons, their
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
911 acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws, or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. [Art. 17, CC]. Prohibitory injunction. Rem. Law. An injunction that operates to restrain the commission or continuance of an act and to prevent threatened injury. It commands a person to refrain from doing an act. Its sole objective is to preserve the status quo until the merits can be heard. [Moreno’s Law Dict., 2000 Ed., p. 369]. 2. The relief demanded in the plaintiff's complaint which consists in restraining the commission or continuance of the act complained of, either perpetually or for a limited period, and the other conditions required by Sec. 3, Rule 58 of the Rules of Court are present. The purpose of this provisional remedy is to preserve the status quo of the things subject of the action during the pendency of the suit. [Calo v. Roldan, GR L-252. Mar. 30, 1946]. Compare with Mandatory injunction.
Project. A component of a program covering a homogenous group of activities that results in the accomplishment of an identifiable output. [Sec. 2, Chap. 1, Book VI, EO 292]. Project employees. Those assigned to carry out a "specific project or undertaking," the duration (and scope) of which were specified at the time the employees were engaged for that project. [ALU-TUCP v. NLRC, GR 109902. Aug. 2, 1994]. Project employment. Labor. An employment where the employees are employed in connection with a particular construction project. [Poquiz, Labor Rel. Law, 1999 Ed. p. 318]. Project proponent. The private sector entity which shall have contractual responsibility for the project and which shall have an adequate financial base to implement said project consisting of equity and firm commitments from reputable financial institutions to provide, upon award, sufficient credit lines to cover the total estimated cost of the project. [Sec. 2, RA 7718]. Prolonging performance of duties and powers. The
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
912 continuing exercise by any public officer of the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case. [Art. 237, RPC]. Promisee. 1. An individual to whom a promise is made. [Glossary of Legal Terms (Pro-Se), 2004]. 2. A person who is to be the beneficiary of a promise, an obligation or a contract. [Duhaime's Legal Dict., 2004]. Synonymous to Obligee. Promissor. 1. An individual who makes a promise. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The person who has become obliged through a promise (usually expressed in a contract) towards another, the intended beneficiary of the promise being referred to as the promisee. [Duhaime's Legal Dict., 2004]. Also sometimes referred to a Obligor. Promissory estoppel. 1. An estoppel that may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetration of fraud or
would result in other injustice. [Ramos v. Central Bank, GR L-29352, Oct. 4, 1971, 41 SCRA 565]. 2. A promise which estops the promisee from asserting or taking certain action. [Glossary of Legal Terms (Pro-Se), 2004]. Promissory note. 1. An unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him. [Sec. 184, NIL]. 2. An unconditional, written and signed promise to pay a certain amount of money, on demand or at a certain defined date in the future. Contrary to a bill of exchange, a promissory note is not drawn on any third party holding the payor's money; it is a direct promise from the payor to the payee. [Duhaime's Legal Dict., 2004]. Compare with Bill of exchange. Promissory warranty. 1. A statement in a policy which imparts that it is intended to do or not to do a thing which materially affects the risk and that such act or omission shall take place.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
913 [Sec. 72, IC]. 2. A kind of warranty that is in the nature of a condition subsequent, and a breach thereof invalidates the policy from the time of breach. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 74]. Promoter. A person who, acting alone or with others, takes initiative in founding and organizing the business or enterprise of the issuer and receives consideration therefor. [Sec. 3, RA 8799]. Promoter of a company or a proposed company. A person who, acting alone or in concert with other persons, is initiating or directing, or has within one year initiated or directed, the organization of such company. [Sec. 3, RA 2629]. Promotion. Admin. Law. 1. The advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. [Millares v. Subido, 20 SCRA 954, 962 (1967)]. 2. It involves a lateral change as opposed to a scalar ascent. [Sentinel Security Agency, Inc. v. NLRC, GR 122468. Sep. 3, 1998]. Compare with Transfer.
Promotions. An event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer's name, trademark, logo, etc. on non-tobacco products. [Sec. 4, RA 9211]. Promotion shares. Corp. Law. (a) Such shares as are issued to those who may originally own the mining or valuable rights connected therewith, in consideration of their deeding the same to the mining company when the company is incorporated, or (b) such shares as are issued to promoters, or those in some way interested in the company, or for services rendered in launching or promoting the welfare of the company, such as advancing the fees for incorporating, advertising, attorney’s fees, surveying, etc. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63, citing 11 Fletcher, p. 48]. Prompt. Done without delay. [Moreno’s Law Dict., 2000 Ed., p. 370]. Promulgation. 1. The process by which a decision
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
914 is published, officially announced, made known to the public or delivered to the clerk of court for filing, coupled with notice to the parties or their counsel. [Neria v. Comm. of Immigration, L-24800, May 27, 1968, 23 SCRA 812]. 2. The delivery of a court decision to the clerk of court for filing and publication. [Araneta v. Dinglasan, 84 Phil. 433]. 3. The filing of the signed decision with the clerk of court. [Sumbing v. Davide, GR 86850-51, July 20, 1989]. Compare with Rendition. Promulgation of judgment. The reading of a judgment or sentence in the presence of the accused and the judge of the court who rendered it; it is not the date of the writing of the decision or judgment. [Enriquez v. Villarta, AM MTJ02-1398, Feb. 27, 2002]. Proof. The degree or kind of evidence which will produce full conviction, or establish the proposition to the satisfaction of the court. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 2]. Proof beyond reasonable doubt. 1. Proof that calls for moral certainty of guilt. [People v. Raquel, GR 119005. Dec. 2, 1996]. 2. Such proof to the satisfaction of the court,
keeping in mind the presumption of innocence, as precludes every reasonable hypothesis except that which it is given to support. It is not sufficient for the proof to establish a probability, even though strong, that the fact charged is more likely to be true than the contrary. It must establish the truth of the fact to a reasonable and moral certainty — a certainty that convinces and satisfies the reason and the conscience of those who are to act upon it. [Moreno, Phil. Law Dict., 1972 Ed., p. 379, citing US v. Reyes, 3 Phil. 3]. Proof of service. Evidence submitted by a process server that he has made service on a defendant in an action. It is also called a return of service. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 635]. Proof of the corpus delicti. Proof indispensable in the prosecution of all kinds of criminal offenses, corpus delicti being taken to mean the substance of the crime, or the fact that a crime has actually been committed. [People v. Madlangbayan, 94 SCRA 679]. Proof of the truth. The truth which may be given in evidence to the court in every criminal prosecution
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
915 for libel and which, if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, shall acquit the defendants. [Art. 361, RPC]. Proof liter. A liter of proof spirits. [Sec. 141, NIRC, as amended]. Proof spirits. Liquor containing one-half (1/2) of its volume of alcohol of a specific gravity of seven thousand nine hundred and thirty-nine ten thousandths (0.7939) at fifteen degrees centigrade (15ºC). [Sec. 141, NIRC, as amended]. Proper action. An entirely separate and distinct action from that in which execution has issued, if instituted by a stranger to the latter suit. [Ong v. Tating, 149 SCRA 265, 277, citing Bayer Phil. v. Agana, 63 SCRA 355]. Proper law. The principle of conflict of laws according to which the law applicable to a given legal situation should be the law having the closest and most real connection to the case. [Tetley, Glossary of Conflict of Laws, 2004]. Proper look-out. Mar. Law. One who has been trained as such and who is given no other duty save to act as a
look-out and who is stationed where he can see and hear best and maintain good communication with the officer in charge of the vessel, and who must, of course, be vigilant. [Smith Bell and Co. (Phils.), Inc. v. CA, GR 56294. May 20, 1991]. Properly applicable law. The law which has the closest and most real connection (or most significant relationship) with the contract or tort, based upon the connecting factors (contacts). [Tetley, Glossary of Conflict of Laws, 2004]. Proper name. name.
See
Given
Proper party. 1. One which ought to be a party if complete relief is to be accorded as between those already parties. [Laperal Devt. Corp. v. CA, GR 96354. June 8, 1993]. 2. One who has sustained or is in danger of sustaining an injury as a result of the act complained of. [Garcia v. Exec. Sec., GR 100883. Dec. 2, 1991]. See Indispensable party. Property. 1. All things which are or may be the object of appropriation. They are considered either: (a) Immovable or real property; or (b) movable or personal property. [Art. 414, CC]. 2.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
916 All real and personal property, including but not limited to: water, water rights, works, easements, rights of way. [Sec. 3, PD 198]. Property classification. The classification of property based on ownership. These classifications are the following: (a) public domain — properties intended for public use, public service or for the development of national wealth; (b) patrimonial property — properties owned by the state but are not intended for public use, public service or for the development of national wealth; and (c) private ownership — property belonging to private persons either individually or collectively. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Property limitation hazards. The restrictions on ownership and use of the property. These include (a) limitations imposed by law, e.g. legal easement, zoning advances; (b) limitations set by the owner such as the owner of a subdivision imposes a height requirement on all buildings to be erected; (c) limitations imposed by the owner who conveyed the property such as the conditions in the Deed of Donation; and (d)
defective conveyances which represent a cloud of doubt on the validity of documents. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Property of public dominion. 1. (a) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (b) those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. [Art. 420, CC]. 2. Things held by the State by regalian right. They are things res publicae in nature and hence, incapable of private appropriation. [Rep. v. Alagad, GR 66807. Jan. 26, 1989]. Property ownership. The entity who owns the property lands as private individuals in the state. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Property regime of unions without marriage. The property relations between a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
917 marriage, whereby their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on coownership. [Art. 147, FC]. Property Registration Decree. PD 1529 entitled “Amending and codifying the laws relative to registration of property and for other purposes” signed into law on June 11, 1978. Property responsibility. The obligation of an individual for the proper custody, care and safekeeping of property entrusted to his possession or under his supervision. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Property taxes. 1. Taxes assessed on all property or on all property of a certain class located within a certain territory on a specified date in proportion to its value, or in accordance with some other reasonable method of apportionment, the obligation to pay which is absolute and unavoidable and it is not based upon any voluntary action of the person assessed. A property tax is ordinarily measured by the amount of property owned by the taxpayer on a given day, and not on the
total amount owned by him during the year. It is ordinarily assessed at stated periods determined in advance, and collected at appointed times, and its payment is usually enforced by sale of the property taxed, and in occasionally, by imprisonment of the person assessed. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 57]. 2. Tax(es) levied on land and buildings (real estate) and on personal property. [Glossary of Legal Terms (Pro-Se), 2004]. Property utilization. The usage which will be adopted for the property — whether for commercial, agricultural or residential purposes, or a mix of these. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Prophylactic. Any agent or device used to prevent the transmission of a disease. [Sec. 4, RA 8496]. Propina. Earnest money, gratuity or fee. [Moreno’s Law Dict., 2000 Ed., p. 372]. Propinquity. Nearness in place; close-by. Also used to describe relationships as synonymous for kin. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
918 Proportional tax. Tax based on a fixed percentage of the amount of the property, receipts, or other basis to be taxed. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 15]. Proportionate or comparative fault. The rule for apportioning damages in tort or delict, whereby each party whose fault has contributed to the total loss or damage is held liable for that loss or damage in a proportion corresponding to that party's fault or negligence. At common law, however, proportionate (comparative) fault only replaced the old common law contributory negligence rule which precluded any recovery by a plaintiff whose fault or negligence had contributed to his loss or damage in even the slightest degree. [Tetley, Glossary of Conflict of Laws, 2004]. Proposal. 1. Intl. Law. A diplomatic document containing an offer to settle a dispute. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. 2. Pol. Law. The motion of initiating suggestions or proposals on the amendment or revision (of the Philippine Constitution) which may either be by (a) Congress, upon a vote of three-fourths
of all its Members; or (b) a Constitutional Convention; or (c) the people through initiative. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 15]. Proposal bond. Also Bid bond. A bond which has for its purpose to assure the owner of the project of the good faith of the bidder and that the bidder will enter into a contract with the project owner should his proposal be accepted. [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989]. Compare with Performance bond. Proposal to commit a felony. It exists when the person who has decided to commit a felony proposes its execution to some other person or persons. [Art. 8, RPC]. Proposition. The measure proposed by the voters. [Sec. 3, RA 6735]. Propositus. The second person involved in reserva troncal who is the descendant from whom the property is directly acquired by the ascendant reservista. Also known as Descendantpropositus. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 256].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
919 Proprietary educational institution. Any private school maintained and administered by private individuals or groups with an issued permit to operate from the Department of Education (DEP-ED), or the Commission on Higher Education (CHED), or the Technical Education and Skills Development Authority (TESDA), as the case may be, in accordance with existing laws and regulations. [Sec. 27, NIRC, as amended]. Proprietary function. Also Ministrant function. Pol. Law. A service which might as well be provided by a private corporation, and particularly when it collects revenues from it, as to which there may be liability for the torts of agents within the scope of their employment. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare with Governmental or Constituent function. Proprietor. 1. One who has the legal right of exclusive title to anything, whether in possession or not; an owner, sometimes, especially in statutory construction, in a wider sense, a person having interest less than absolute and exclusive right, as the usufruct, present control and use, of property. [Blaquera
v. De Aldaba, GR L-1053. Mar. 30, 1960, citing Vol. II Merriam-Webster, 2nd Ed., p. 1986]. 2. Owner; person who has legal right or title to anything. [Glossary of Legal Terms (Pro-Se), 2004]. Pro rata. Lat. 1. In proportion or ratably, or a division according to share, interest or liability of each (Carried Lumber Co. v. ACCFA, GR L21836. Apr. 22, 1975, citing Art. 2249, CC and 72 CJS. 967-8). 2. To divide proportionate to a certain rate or interest. [Duhaime's Legal Dict., 2004]. Pro se. Lat. 1. In one's personal behalf. [Duhaime's Legal Dict., 2004]. 2. For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court. [Jurist’s Legal Dict., 2004]. Contrast with Pro socio. Prosecute. 1. To begin and to carry on a legal proceeding. [Camanag v. Guerrero, GR 121017. Feb. 17, 1997]. 2. It marks the commencement of a criminal prosecution and precedes and determines the filing of an information. [City Fiscal v. Phil. Banking Corp., 53694-R, Sep. 28, 1977 cited in Moreno, Phil. Law Dict.]. Prosecution. 1. A criminal action: a proceeding
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
920 instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime. [Camanag c. Guerrero, GR 121017. Feb. 17, 1997, citing Black's Law Dict.]. 2. A criminal action: a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime. Prosecutor. A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute. [Glossary of Legal Terms (Pro-Se), 2004]. Pro socio. Lat. On behalf of a partner; not on one's personal behalf. [Duhaime's Legal Dict., 2004]. Contrast with Pro se. Prospective construction. A rule that all statutes are to be construed as having only prospective operation unless the purpose and intention of the legislature to give them retrospective effect is expressly declared or is necessarily implied from the language used. [Suarez, Pol.
Law Reviewer, 1st Ed., 2002, p. 10]. Compare with Contemporaneous construction by executive officers. Prospectivity. Also Irretrospectivity. A characteristic of criminal law where the law is deemed not to have any retroactive effect, except if it favors the offender unless he is a habitual delinquent [Art. 22, RPC] or the law otherwise provides. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 2]. Prospectivity rule. Exceptions [as collated in Paras, Civil Code of the Phil. Annotated, 1984 ed., Vol. 1, pp. 22-23]: (a) Laws remedial in nature; (b) penal law favorable to accused, if latter not habitual delinquent; (c) laws of emergency nature under police power: e.g., tenancy relations [Vda. de Ongsiako v. Gamboa, 47 OG 4259, Valencia v. Surtida, May 31, 1961]; (d) curative laws; (e) substantive right declared for the first time unless vested rights are impaired. [Unson v. del Rosario, Jan. 29, 1953; Belen v. Belen, 49 OG 997; People v. Alejaga, 49 OG 2833]. Prospectus. 1. The document made by or an behalf of an issuer, underwriter or dealer
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
921 to sell or offer securities for sale to the public through registration statement filed with the Tariff Commission. [Sec. 3, RA 8799]. 2. A document in which a corporation sets out the material details of a share or bond issue and inviting the public to invest by purchasing these financial instruments. [Duhaime's Legal Dict., 2004]. Prostitutes. 1. Women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct. [Art. 202, RPC]. 2. Persons who offer sexual intercourse for hire. [Duhaime's Legal Dict., 2004]. Prostitution. 1. Any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration. [Sec. 3, RA 9208]. 2. A crime against public morals, committed by a woman, whether married or not, who, for money or profit, habitually indulges in sexual intercourse or lascivious conduct. [People v. Hong, GR L-27830. May 29, 1970]. Pro tanto. Lat. For so much; for as much as may be; as far as it goes. [Claridades,
A., Compilation 2001-2006].
of
Notes,
Protected area. Identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation. [Sec. 4, RA 7586]. Protected landscapes or seascapes. Areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas. [Sec. 4, RA 7586]. Protection Order. An order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of RA 9262 and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
922 regain control over her life. [Sec. 8, RA 9262]. See also Temporary Protection Order and Permananent Protection Order. Protective principle. Doctrine that a court has criminal jurisdiction if the national interest is injured. [Intl. Law Dict. & Direct., 2004]. Protectorate. Intl. Law. A state established at the request of the weaker state for the protection of a strong power. Compare with Suzerainty. Protector or coddler. Any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game. [Sec. 2, RA 9287]. Pro tempore. Lat. Something done temporarily only and not intended to be permanent. [Duhaime's Legal Dict., 2004]. Protest. Admin. Law. A mode of action that may be availed of by the aggrieved party to contest the appointment made, and the protest must be "for cause" or predicated on those grounds provided for under Sec. 19 par. (6) of the Civil Service Law (PD 807) namely: (a) that the appointee is not qualified;
(b) that the appointee is not the next-in-rank; and (c) in case of appointment by transfer, reinstatement, or by original appointment, that the protestant is not satisfied with the written special reason or reasons given by the appointing authority. [Aquino v. CSC, GR No. 92403. Apr. 22, 1992]. Protest. Nego. Inst. 1. A formal document made under the hand and seal of a Notary Public certifying to the circumstances of a foreign bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 372]. 2. Formal certification that a negotiable instrument was dishonored by a party liable for its payment. [Intl. Law Dict. & Direct., 2004]. Protest. Prop. Mgt. The objection to a contemplated or actual award. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Protest bond. Prop. Mgt. A bond in cash, certified or cashier's check, or surety required of protestants against awards. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Protocol. Intl. Law. 1. An instrument which amends or supplements an existing treaty or convention. Sometimes, it is referred to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
923 also in a loose manner as an ordinary agreement. 2. A supplementary agreement to a convention that adds to or changes some provision of the convention only for the states parties who adopt the protocol. [Intl. Law Dict. & Direct., 2004]. Protocol de cloture. See Act or Final act. Provincial certificate of canvass of votes. A document containing the total votes in words and in figures obtained by each candidate in a province. [Sec. 2, RA 8046]. Provisional absence. The disappearance of a person from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, at which instance, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. [Art. 381, CC]. Compare with Declared absence. Provisional director. Corp. Law. An impartial person who is neither a stockholder nor a creditor of the corporation or of any subsidiary or affiliate of the corporation, and whose further qualifications, if any,
may be determined by the (Securities and Exchange) Commission (SEC). He is not a receiver of the corporation and does not have the title and powers of a custodian or receiver. He has all the rights and powers of a duly elected director of the corporation, including the right to notice of and to vote at meetings of directors, until such time as he shall be removed by order of the (SEC) or by all the stockholders. [Sec. 104, Corp. Code]. Provisional remedy. Rem. Law. A collateral proceeding, permitted only in connection with a regular action, and as one of its incidents; one which is provided for present need, or for the occasion, that is, one adapted to meet a particular exigency. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 261, citing 1 CJ, Actions, 39]. Provisional takeover. A remedy authorized under Sec. 3 (c) of EO 1 (1986) where what is taken into custody is not only the physical assets of the business enterprise or entity taken over by the government of the Marcos Administration or by entities or persons close to former President Marcos, but the business operation as well.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
924 [Bataan Shipyard Eng’g. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Provisos. A clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of, the generality of the language which it follows. [Suarez, Stat. Con., (1993), p. 48]. Proxies. See Proxy. Proximate. That immediately preceding or following (as in a chain of events, causes or effects). [Webster's 3rd New Intl. Dict., 1993]. Proximate cause doctrine. 1. Any cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the result complained of and without which would not have occurred and from which it ought to have been foreseen or reasonably anticipated by a person of ordinary case that the injury complained of or some similar injury, would result therefrom as a natural and probable consequence. [People v. Desalina, 57 OG 8694]. 2. That cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred.
[38 Am. Jur. 695]. 3. The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act. [Jurist’s Legal Dict., 2004]. Proximate legal cause. That acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. (Urbano v. IAC, GR 72964, Jan. 7, 1988, 157 SCRA 1, quoting Vda. De Bataclan v. Medina, 102 Phil. 181). Proximity of relationship. See Relationship proximity.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
925 Proximity rule. The rule that, in every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. [Art. 962, CC]. Proxy. 1. The representative of a stockholder or member duly authorized in writing to vote in all meetings of stockholders or members of a corporation. 2. The written authority given by stockholder or member to his representative, signed by the stockholder or member himself and filed before the scheduled meeting with the corporate secretary. Unless otherwise provided in the proxy, it shall be valid only for the meeting for which it is intended. No proxy shall be valid and effective for a period longer than five (5) years at any one time. [Sec. 58, Corp. Code]. PSC. Philippine Commission.
Sports
Psychological incapacity. Legal Med. It covers all possible mental disorders that are so grave or serious enough as to persistently and permanently incapacitate a person to perform the normal and ordinary functions of a married life. Such incapacity must be incurable and
irreversible. As a legal ground for the annulment of the marriage, or for the declaration of the nullity of the marriage, the condition must have existed at the time of the marriage even if it manifested only at a later time. [Olarte, Legal Med., 1st Ed. (2004), p. 146]. Psychological violence. Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. [Sec. 3, RA 9262]. PTA. Philippine Authority.
Tourism
Pterygium. A triangular fleshy mass of thickened conjunctiva occurring usually at the inner side of the eyeball, covering part of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
926 cornea and causing a disturbance of vision. [Aguja v. GSIS, GR 84846. Aug. 5, 1991, citing Dorland, Illustrated Medical Dict., 24th Ed., 1965]. Public. 1. Common to all or many; general; open to common use. [Izon v. People, GR L-51370. Aug. 31, 1981, citing Black's Law Dict. 1393 (Rev. 4th Ed.)]. 2. Pertaining to, or belonging to, or affecting a nation, state, or community at large. [Aquino-Sarmiento v. Morato, GR 92541. Nov. 13, 1991, citing People v. Powell, 274 NW 372 (1937)]. Compare with Private. Public Acts. Statutes passed and approved by the Philippine Commission and the Philippine Legislature from 1901 to 1935. [Suarez, Stat. Con., (1993), p. 42]. Public adjuster. Any person, partnership, association or corporation which, for money, commission or any other thing of value, acts on behalf of an insured in negotiating for, or effecting, the settlement of a claim or claims of the said insured arising under insurance contracts or policies, or which advertises for or solicits employment as an adjuster of such claims. [Sec. 324, IC].
Public aircraft. An aircraft used exclusively in the service of the National Government of the Republic of the Philippines or of any political subdivision or instrumentality thereof, but not including any government-owned aircraft engaged in air commerce. [Sec. 3, RA 776]. Public assembly. Any rally, demonstration, Mar., parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue; or protesting or influencing any state of affairs whether political, economic or social; or petitioning the government for redress of grievances. [Sec.3, BP 880]. Public Assembly Act of 1985, The. BP 880 entitled “An Act ensuring the free exercise by the people of their right peaceably to assemble and petition the government for other purposes” enacted on Oct. 22, 1985. Public assembly building. Any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose. [Sec. 3, PD 1185].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
927 Publication. In libel, the term means making the defamatory matter, after it has been written, known to someone other than the person to whom it has been written. [Ledesma v. CA, GR 113216. Sep. 5, 1997]. Publication of a fixed performance or a sound recording. The offering of copies of the fixed performance or the sound recording to the public, with the consent of the right holder: Provided, That copies are offered to the public in reasonable quality. [Sec. 202, RA 8293]. Publication of general circulation. To qualify as such under PD 1079, the following requisites must concur: (a) It must be published in the same city and/or province where the requirement of general circulation applies; (b) it must be authorized by law to be published; and (c) the newspaper or periodical must be regularly published for at least one year before the date of publication of the notices or advertisements which may be assigned to it. [Moreno’s Law Dict., 2000 Ed., p. 377]. Public attorney or defender. Government lawyer who provides free
legal defense services to a poor person accused of a crime. [Jurist’s Legal Dict., 2004]. Public auction. Synonymous to public bidding as applied to sale of disposable supplies of property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Public building. Every building owned by the Government or belonging to a private person not included, used or rented by the Government, although temporarily unoccupied by the same. [Art. 301, RPC]. Public concern. A term that, like "public interest," eludes exact definition. Both terms embrace a broad spectrum of subjects which the public may want to know, either because these directly affect their lives, or simply because such matters naturally arouse the interest of an ordinary citizen. [Legaspi v. CSC, GR 72119. May 29, 1987]. Public convenience or necessity. Something fitting or suited to the public need. [Kilusang Mayo Uno v. Garcia, GR 115381. Dec. 23, 1994, citing Black's Law Dict., 5th Ed., p. 1105]. Public conveyance. Mode of transportation servicing the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
928 general population such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles. [Sec. 4, RA 9211]. Public corporations. Corporations formed or organized for the government of a portion of the State. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 40]. Compare with Private corporations. Public debt. That debt which is due (to) or owing by the government. [Peralta v. Serrano, GR L-16523. Nov. 29, 1960, citing 2 Bouvier's Law Dict. (3rd Rev.) 1912, at p. 2764]. Public documents. 1. (a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country; (b) documents acknowledged before a notary public except last wills and testaments; and (c) public records, kept in the Philippines, of private documents required by law to be entered therein. [Sec. 19, Rule 132, RoC]. 2. Any instrument authorized by a notary public or a competent public official, with the
solemnities required by law. [Bermejo v. Barrios, GR L23614. Feb. 27, 1970]. Public dominion property. See Property of public dominion. Public employment. It signifies employment in the service of the national government and its political subdivisions and instrumentalities. It does not include employment as public officer elected by the popular vote. [Sec. 39, RA 4119]. Public figure. Also Celebrity. A person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a public personage. He is, in other words, a celebrity. Obviously, to be included in this category are those who have achieved some degree of reputation by appearing before the public. It includes, in short, anyone who has arrived at a position where public attention is focused upon him as a person. [Ayer Productions v. Capulong, GR L-82380. Apr. 29, 1988, citing Prosser and Keeton on Torts, 5th Ed. at 859-861 (1984)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
929 Public finance. The financial operations of all levels of government. Such operations include budgeting, taxing, appropriating, purchasing, borrowing, disbursing funds, and regulating the currency. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 25, citing Sloan & Zurcher, A Dict. Of Economics (1953), p. 14]. Public forest. 1. The mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not. [Sec. 3, PD 705]. 2. It includes, except as otherwise specially indicated, all unreserved public land including nipa and mangrove swamps and all forest reserves of whatever character. [Sec. 1820, Act 926]. Public functionaries. All persons who, by direct requirement of law, or by popular election, or by public appointment by competent authority, participate in the exercise of public functions. [US v. Sarmiento, GR 880. Nov. 14, 1902]. Public health services. Services that strengthen preventive and promotive
health care through improving conditions in partnership with the community at large. These include control of communicable and noncommunicable diseases, health promotion, public information and education, water and sanitation, environmental protection, and health-related data collection, surveillance, and outcome monitoring. [Sec. 1, RA 9241]. Public international law. That division of international law that deals primarily with the rights and duties of states and intergovernmental organizations as between themselves. [Intl. Law Dict. & Direct., 2004]. Publicity agent. Any person who engages directly or indirectly in the dissemination and/or publication of information for and on behalf of a principal. [Sec. 3, BP 39]. Public Land Act. CA 141, as amended, entitled “An Act to amend and compile the laws relative to lands of the public domain” enacted on Nov. 7,1936. Public lands. Lands of the public domain which have been classified as agricultural lands and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
930 subject to management and disposition or concession under existing laws. [Sec. 3, RA 7942]. Public law. That law such as traffic ordinances or zoning ordinances which applies to the public. [Glossary of Legal Terms (Pro-Se), 2004]. Public market. 1. Any place, building or structure of any kind designated as such by the local board or council, except public streets, plazas, parks, and the like. [Sec. 1, PD 426]. 2. One that is dedicated to the service of the general public and is operated under government control and supervision as a public utility, whether it be owned by the government or any instrumentality thereof or by any private individual. [Aranque Market Ext. Chinese Vendors Assoc. v. De la Fuente, 48 OG 94]. Public motor vehicle. Public utility vehicle or vehicle for hire. [Sec. 3, RA 8750]. Public nuisance. 1. Nuisance that affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. [Art. 695, CC]. 2. The doing of or the failure to do something, that injuriously affects the safety,
health, or morals of the public; it causes hurt, inconvenience, or injury to the public, generally, or to such part of the public as necessarily comes in contact with it. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 436, citing 181 Ky. 459; 205 SW 581]. See Private nuisance. Public nuisance, remedies against. (a) A prosecution under the Penal Code or any local ordinance: or (b) a civil action; or (c) abatement, without judicial proceedings. [Claridades, A., Compilation of Notes, 2001-2006]. Public officer. 1. Any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract. [Sec. 1, RA 7080]. 2. Any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippines, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class. [Art. 203, RPC]. Public officer secrets of
revealing private
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
931 individual. Crim. Law. The felony committed by any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets. [Art. 230, RPC]. Public officials. Elective and appointive officials and employees (of the government), permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. [Sec. 3, RA 6713]. Public order. A civil law term which refers to domestic rules and legal principles reflecting lofty standards of morality and social conduct in a civilized society. [Tetley, Glossary of Conflict of Laws, 2004]. Public place. Any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public ownership where the people are allowed access. [Sec.3, BP 880]. Public places. Enclosed or confined areas of all hospitals, medical clinics, schools, public transportation terminals and
offices, and building such as private and public offices, recreational places, shopping malls, movie houses, hotels, restaurants, and the like. [Sec. 4, RA 9211]. Public policy. A common law term which refers to fundamental principles of natural justice found in a state's constitution, bill of rights, laws, regulations, precedents and accepted customs. [Tetley, Glossary of Conflict of Laws, 2004]. Public prosecutor. 1. The representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case but that justice shall be done. As such, he is in a peculiar and every definite sense the servant of the law, the two fold aim of which is that guilt shall not escape or innocence suffer. [Suarez v. Platon, 69 Phil 556 (1940)]. 2. He owes the state, the court and the accused the duty to lay before the court the pertinent facts at his disposal with methodical and meticulous attention, clarifying contradictions and filling up gaps and loopholes
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
932 in his evidence to the end that the court's mind may not be tortured by doubts, the innocent may not suffer, and the guilty may not escape unpunished. [People v. Esquivel, 82 Phil. 453 (1948)]. Public purpose. Synonymous with Governmental purpose. A purpose affecting the inhabitants of the state or taxing district as a community and not merely as individuals. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 41, citing 51 Am. Jur. 378]. Public relations counsel. Any person who engages directly or indirectly in informing, advising, or in any way representing a principal in any matter affected by the public policies or interests of a principal. [Sec. 3, BP 39]. Public sale. One where there has been public notice of the sale, in which anybody has a right to bid and offer to buy. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 310]. Public schools. Educational institutions established and administered by the government. [Sec. 26, BP 232].
Public service. The term includes every person that now or hereafter may own, operate, manage, or control in the Philippines, for hire or compensation, with general or limited clientele, whether permanent, occasional or accidental, and done for general business purposes any common carrier, railroad, street railway, traction railway, subway, motor vehicle, either for freight or passenger, or both, with or without fixed route and whatever may be its classification, freight or carrier service of any class, express service, steamboat, or steamship line, pontines, ferries, and small water craft, engaged in the transportation of passengers and freight, shipyard, marine railway, marine repair shop, warehouse, wharf or dock, ice plant, ice-refrigeration plant, canal, irrigation system, sewerage, gas, electric light, heat and power, water supply and power, petroleum, sewerage system, telephone, wire or wireless telegraph system and broadcasting radio stations. [Sec. 13 (b) of the Public Service Law (CA 146)]. Public Service Act. CA 146 enacted on Nov. 7, 1936. Public service cooperative. A cooperative organized to render public service as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
933 authorized under a franchise or certificate of public convenience and necessity duly issued by the appropriate government agency. [Art. 96, RA 6938]. Public sewerage system. A system serving twenty-five persons or more. [Sec. 71, PD 856]. Public use. 1. One which confers some benefit or advantage to the public; it is not confined to actual use by public. It is measured in terms of right of public to use proposed facilities for which condemnation is sought and, as long as public has right of use, whether exercised by one or many members of public, a public advantage or public benefit accrues sufficient to constitute a public use. [Mañosca v. CA, GR 106440. Jan. 29, 1996, citing Montana Power Co. v. Bokma, Mont. 457 P.2d 769, 772, 773]. 2. Public advantage, convenience or benefit, which tends to contribute to the general welfare and the prosperity of the whole community, like a resort complex for tourists or housing project. [Ardano v. Reyes, 125 SCRA 220 (1983); Sumulong v. Guerrero, 154 SCRA 461 (1987)].
Public utilities. Privately owned and operated businesses whose services are essential to the general public. They are enterprises which specially cater to the needs of the public and conduce to their comfort and convenience. [KMU Labor Center v. Garcia, Jr., GR 115381, Dec. 23, 1994, 239 SCRA 386, 391]. Public utility. Business or service which is engaged in regularly supplying the public with some commodity or service of public consequence. [DOJ Opinion 074, June 16, 1998, citing Glenbrook Devt. Co. v. Brea 253 Cal App 267, 61 Cal Rptr 189]. Public vessel. A vessel owned or bareboat chartered and operated by the Republic of the Philippines, and political subdivision thereof, or by a foreign nation, except when such a vessel is engaged in commerce. [Sec. 3, PD 600]. Public way. Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use. [Sec. 3, PD 1185]. Publish. To make known to the public in general.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
934 [Claridades, A., Compilation of Notes, 2001-2006].
and bamboo. [Sec. 2, RA 4095].
Publisher. The person, natural or juridical, which undertakes the production of a book and its offer for sale or free distribution. The publisher of a book may also be its printer. [Sec. 3, PD 812].
Pulutan. Tag. 1. Appetizer. [People v. Balmaceda, GR L71638. Feb. 27, 1987]. 2. Finger food. [Moreno’s Law Dict., 2000 Ed., p. 377].
Pudendum. Legal Med. Also called the Vulva. A collective term for the labia majora, labia minora, clitoris, and vaginal orifice. [Olarte, Legal Med., 1st Ed. (2004), p. 124].
Punctuaciones. Intl. Law. Negotiations as to the items of a proposed treaty. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494].
Puffing or by-bidding. A secret bidding by or on behalf of the seller by persons who are not themselves bound by their bids, the purpose of which is simply to inflate the price of the goods sold which is a fraud upon the purchaser of the goods. [Diaz, Bus. Law Rev., 1991 Ed., p. 110].
Punitive damages. 1. Damages awarded in addition to normal damages for bad faith or excessively improper acts of the defendant in contract or tort or even during a court action. They are usually granted by statute and at times excluded by statute. [Tetley, Glossary of Conflict of Laws, 2004]. 2. Money award given to punish the defendant or wrongdoer. [Glossary of Legal Terms (Pro-Se), 2004].
Pulling of strings. A firecracker consisting of a small tube about an inch in length and less than 1/4 of an inch in diameter with strings on each end. Pulling both strings will cause the firecracker to explode. [Sec. 2, RA 7183].
Purchase. 1. The act of procuring or acquiring supplies or property for a price. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Taking by sale, conditional sale, lease, mortgage, or pledge, legal or equitable. [Sec. 3, PD 115].
Pulping. The manufacture of pulp from woods, rags, rice straw, bagasse, abaca waste
Purchase agreement or purchase offer. Also, sales agreement and earnest
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
935 money contract. Agreement between buyer and seller of property which sets forth in general the price and terms of a proposed sale. [Jurist’s Legal Dict., 2004]. Purchase discount. The difference between the value of the receivable purchased or credit assigned, and the net amount paid by the finance company for such purchases or assignment, exclusive of fees, services, charges, interest and other charges incident to the extension of credit. [Sec. 3, RA 8556; Sec. 3, RA 5980]. Purchase order. A contract between the local government and the suppliers or dealers for the delivery of supplies at a stipulated amount and includes, among others, quantity, period and mode of delivery, unit and total price per item, and mode of payment. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Purchaser. Any person taking by purchase. [Sec. 3, PD 115]. Purchase request. It is used in the requisition of supplies or property not to be carried in stock. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Purchaser in good faith and for value. One who buys the property of another without notice that some other person has a right to or interest in such property and pays a full and fair price for the same at the time of such purchase or before he has notice of the claim or interest of some other person in the property. [Guzman, Bocaling & Co. v. Bonnevie, 206 SCRA 668 (1992), pp. 675-677]. Pure and simple donation. An act of liberality which has no other basis than the desire to do a good thing for the welfare of some persons. [Moreno’s Law Dict., 2000 Ed., p. 378]. Purely accidental occurrence. A class of occurrences or events which take place the real cause of which cannot be traced or is at least not apparent. [Moreno’s Law Dict., 2000 Ed., p. 378]. Purely potestative condition. A condition the fulfillment of which depends exclusively upon the will of the heir, devisee or legatee. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., pp. 222-223]. Pure obligation. 1. An obligation which is not subject to any condition nor
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
936 does it specify a specific date for its fulfillment and is, therefore, immediately demandable. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. An obligation the performance of which does not depend upon a future or uncertain event or upon a past event unknown to the parties and as such, is demandable at once. [GR L-16449. Aug. 31, 1962 citing Art. 1179 CC]. Compare with Conditional obligation. Purge. An act or instance of purging; a ridding (as of a nation or party) of element or members regarded as treacherous, disloyal or suspect. [Clemente v. COA, GR L-47793. Mar. 20, 1984, citing Webster, 3rd New Intl. Dict. of the Engl. Lang.]. Purport. To give appearance, often falsely, of being, intending, etc. [Moreno’s Law Dict., 2000 Ed., p. 378]. Purse seine. A form of encircling net having a line at the bottom passing through rings attached to the net, which can be drawn or pursed. In general, the net is set from a boat or pair of boats around the school of fish. The bottom of the net is pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until the fish are
concentrated in the bunt or fish bag. [Sec. 4, RA 8550]. Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of RA 9165. [Sec 3, RA 9165]. Putang ina mo. Tag. A common expression in the dialect that is often employed not really to slander but rather to express anger or displeasure. [Reyes v. People, L-21528, Mar. 28, 1969, 27 SCRA 686]. Putative. Alleged; supposed; reputed. [Glossary of Legal Terms (Pro-Se), 2004]. Pyelonephritis. Inflammation of the kidney and its pelvis (cavity). [Bambalan v. Workmen's Compensation Commission, GR L-47209. Aug. 21, 1987]. Pyramid sales schemes. See Chain distribution plans. Pyromania. Legal Med. An irresistible impulse to set things afire. [Olarte, Legal Med., 1st Ed. (2004), p. 151].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
937 Pyrophoric. Descriptive of any substance that ignites spontaneously when exposed to air. [Sec. 3, PD 1185].
-QQuack doctor. One who practices medicine without the benefit of education. [Moreno’s Law Dict., 2000 Ed., p. 379]. Qualification standards. The minimum requirements of the vacant positions which shall include the education, experience, training, civil service eligibility and physical characteristics and personality traits required by the job. Such qualification standards shall be approved by the Civil Service Commission. [CSC Circ. 4391]
Qualified acceptance. 1. Sales. An acceptance which does not meet at all points the offer, in which case it constitutes a counter-offer. [Diaz, Bus. Law Rev., 1991 Ed., p. 65]. 2. Nego. Inst. An acceptance is qualified which is: (a) conditional; that is to say, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated; (b) partial; that is to say, an acceptance to pay part only of the amount for which the bill is drawn; (c) local; that is to say, an acceptance to pay only at a particular place; (d) qualified as to time; (e) the acceptance of some, one or more of the drawees but not of all. [Sec. 141, NIL]. Compare with General acceptance. Qualified individual with a disability. An individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. However, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
938 essential functions of job. [Sec. 4, RA 7277].
the
Qualified indorsement. Nego. Inst. 1. An indorsement that constitutes the indorser as a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words ‘without recourse’ or any words of similar import. Such an indorsement does not impair the negotiable character of the instrument. [Sec. 38, NIL]. Qualified indorser. Every person negotiating an instrument by delivery or by a qualified indorsement who warrants: (a) that the instrument is genuine and in all respects what it purports to be; (b) that he has a good title to it; (c) that all prior parties had capacity to contract; (d) that he has no knowledge of any fact which would impair the validity of the instrument or render it valueless. [Sec. 65, NIL]. 2. An indorsement in which the endorser does not guarantee that a negotiable instrument will be accepted and paid by the drawer or maker. [Intl. Law Dict. & Direct., 2004]. Qualifiedly privileged communication. See Conditionally privileged communication.
Qualified next-in-rank. An employee appointed on a permanent basis to a position previously determined to be next-inrank and who meets the requirements for appointment thereto as previously determined by the appointing authority and approved by the Commission. [Sec. 21, Admin. Code of 1987]. Qualified occupant. Tenant. The Urban Land Reform Law (PD 1517) defines the term in the same context as the term “tenant.” [Vergara v. IAC, GR 74998. May 7, 1990]. Qualified person. Any citizen of the Philippines with capacity to contract, or a corporation, partnership, association, or cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least sixty per centum (60%) of the capital of which is owned by citizens of the Philippines: Provided, That a legally organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit, financial or technical assistance agreement or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
939 mineral processing permit. [Sec. 3, RA 7942]. Qualified piracy. Crim. Law. The felony committed by those who commit any of the crimes of piracy in general and mutiny on the high seas, whenever they have seized a vessel by boarding or firing upon the same; or whenever the pirates have abandoned their victims without means of saving themselves; or whenever the crime is accompanied by murder, homicide, physical injuries or rape. [Art. 123, RPC]. Qualified political agency doctrine. Under this doctrine, the different executive departments are mere adjuncts of the President. Their acts are presumptively the acts of the President until countermanded or reprobated by her. [Villena v. Secretary, 67 Phil. 451; Free Telephone Workers Union v. Minister of Labor and Employment, 108 SCRA 757 (1981)]. Qualified seduction. The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced, or by any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age. [Art. 337, RPC]. Compare with Simple seduction. Qualified seduction. Elements: (a) that the offended party is a virgin, which is presumed if she is unmarried and of good reputation; (b) that she must be over twelve (12) and under eighteen (18) years of age; (c) that the offender has sexual intercourse with her; and (d) that there is abuse of authority, confidence or relationship on the part of the offender. [Gonzales v. CA, GR 108811. May 31, 1994]. Compare with Consented abduction. Qualified theft. Crim. Law. The felony committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
940 [Art. 310, RPC, as amended by RA 120 and BP 71].
while the same are open. [Arty. 280, RPC].
Qualified theft of logs. Elements: (a) That the accused cut, gathered, collected or removed timber or other forest products; (b) that the timber of other forest products cut, gathered, collected or removed belongs to the government or to any private individual; and (c) that the cutting, gathering, collecting or removing was without authority under a license agreement, lease, license, or permit granted by the state. [People v. CFI of Quezon (Br. VII) GR L-46772. Feb. 13, 1992].
Qualified voters. The term is equivalent to "registered voters.” [Leyva v. Comelec, GR L-25469. Oct. 29, 1966].
Qualified trespass to dwelling. Crim. Law. The felony committed by any private person who shall enter the dwelling of another against the latter's will, or by means of violence or intimidation. This shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses,
Qualifying aggravating circumstances. Those which change the nature of the felony as treachery in murder. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112]. Quality assurance. A formal set of activities to review and ensure the quality of services provided. Quality assurance includes quality assessment and corrective actions to remedy any deficiencies identified in the quality of direct patient, administrative, and support services. [Sec. 1, RA 9241]. Quality education. The appropriateness, relevance and excellence of the education given to meet the needs and aspirations of an individual and society. [Sec. 4, RA 9155]. Quantum. Lat. Amount or extent. [Duhaime's Legal Dict., 2004]. Quantum meruit. Lat. As much as he has deserved. 1. Used as the basis for determining the lawyer's professional fees in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
941 absence of a contract. Factors such as the time spent and extent of services rendered; novelty and difficulty of the questions involved; importance of the subject matter; skill demanded; probability of losing other employment as a result of acceptance of the proffered cause; customary charges for similar services; amount involved in the controversy and the benefits resulting to the client; certainty of compensation; character of employment; and professional standing of the lawyer, are considered in determining his fees. [Sesbreño v. CA, GR 117438. June 8, 1995, citing CPR, Canon 20, Rule 20.1, June 21, 1988]. 2. A legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged. [Duhaime's Legal Dict., 2004]. Quantum valebant. Lat. As much as what is reasonably worth. [Mañacop Const. Co. v. CA, GR 122196. Jan. 15, 1997]. Quarrying. The process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land. [Sec. 3, RA 7942].
Quarry permit. A document granted to a qualified person for the extraction and utilization of quarry resources on public or private lands. [Sec. 3, RA 7942]. Quarry resources. 1. Any common rock or other mineral substances as the Director of Mines and Geosciences Bureau may declare to be quarry resources such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass. [Sec. 3, RA 7942]. 2. Any common stone or other common mineral substances as the government may declare to be quarry resources such as, but not restricted to, marl, marble, granite, volcanic cinders, basalt, tuff and rock phosphate, Provided they contain no metal or metals or other valuable minerals in economically workable quantities. [Sec. 2, PD 463]. Quash. To vacate or void a summons, subpoena, etc. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
942 Quashing of a writ of execution. Rem. Law. Grounds: A writ may be quashed or recalled only when (a) it appears that it has been improvidently issued; (b) that the writ is defective in substance; or (c) is issued against the wrong party; or (d) that the judgment debt has been paid; or (e) that the writ has been issued without authority; or (f) there is a change in the situation of the parties which makes such execution inequitable; or (g) the controversy was never submitted to the judgment of the court. [Ibatan v. Melicor, GR L39125. Aug. 20, 1990]. Quasi. Lat. As if; almost as it were; analogous to. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 650]. Quasi-banking activities. Borrowing funds from twenty (20) or more personal or corporate lenders at any one time, through the issuance, endorsement, or acceptance of debt instruments of any kind other than deposits for the borrower's own account, or through the issuance of certificates of assignment or similar instruments, with recourse, or of repurchase agreements for purposes of re-lending or purchasing receivables and other similar
obligations. [Sec. 22, NIRC, as amended]. Quasi-banking functions. Borrowing funds, for the borrower's own account, through the issuance, endorsement or acceptance of debt instruments of any kind other than deposits, or through the issuance of participations, certificates of assignment, or similar instruments with recourse, trust certificates, or of repurchase agreements, from twenty or more lenders at any one time, for purposes of relending or purchasing of receivables and other obligations: Provided, however, That commercial, industrial, and other non-financial companies, which borrow funds through any of these means for the limited purpose of financing their own needs or the needs of their agents or dealers, shall not be considered as performing quasi-banking functions. [Sec. 1, PD 71]. Quasi-contract. 1. A juridical relation arising from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another. [Art. 2142, CC]. 2. An obligation created by the law in the absence of an agreement or contract; not based upon the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
943 intentions or expressions of the parties. [Glossary of Legal Terms (Pro-Se), 2004]. Quasi-corporations. Public bodies which resemble corporations to undertake public or state work for the general welfare, but they are not corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 248]. Quasi-delict. Also Culpa aquiliana, Culpa extracontractual or Cuasidelitos. 1. An act or omission by which a person causes damage to another, there being fault or negligence, and there being no pre-existing contractual relation between the parties, and which makes said person liable to pay for the damage done. [Art. 2176, CC]. 2. Homologous but not identical to tort under the common law, which includes not only negligence, but also intentional criminal acts, such as assault and battery, false imprisonment, and deceit. [Coca-Cola Bottlers v. CA, GR 110295. Oct. 18, 1993]. Quasi-delict. Also Tort. Elements: (a) Damages suffered by the plaintiff, (b) fault or negligence of the defendant or some other person for whose act he must respond, and (c) the connection of cause and effect between fault or
negligence of the defendant and the damages incurred by plaintiff. [Andamo v. IAC, 191 SCRA 195 (1990)]. Quasi-delivery. Also Quasitraditio. This applies only to the sale of incorporeal things – like allowing the vendee to use the vendor’s rights as new owner with the consent of the vendor. [Diaz, Bus. Law Rev., 1991 Ed., p. 120, citing Art. 1501, CC]. Quasi in rem action. An action between parties where the direct object is to reach and dispose of property owned by them or of some interest therein. [Quasha v. Juan, GR L49140. Nov. 19, 1982]. Quasi in rem jurisdiction. Intl. Law. The power of a court to determine the ownership rights of persons who appear before it as to property located outside the forum state. [Intl. Law Dict. & Direct., 2004]. Quasi-judicial. A term applied to the action, discretion, etc., of public administrative officers or bodies required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
944 nature. [Lupangco v. CA, GR L-77372. Apr. 29, 1988]. Quasi-judicial action. An action when an administrative officer or board is required to investigate or ascertain the existence of facts and draw conclusions therefrom as the basis for official action and to exercise its discretion or judgment of a judicial nature. [Moreno’s Law Dict., 2000 Ed., p. 381]. Quasi-judicial adjudication. A determination of rights, privileges and duties resulting in a decision or order which applies to a specific situation. [Lupangco v. CA, GR L-77372. Apr. 29, 1988]. Quasi-judicial body. An organ of government other than a court and other than a legislature, which affects the rights of private parties through either adjudication or rule making. [Presl. AntiDollar Salting Task Force v. CA, GR 83578. Mar. 16, 1989, citing Gonzales, Admin. Law, A Text 13 (1979)]. Quasi-judicial function. A function which involves the use of mental processes in the determination of law or fact, and at times involves discretion as to how the power should be used. This
is particularly true of administrative agencies. [Moreno’s Law Dict., 2000 Ed., p. 381]. Quasi-judicial power. Also Administrative adjudicatory power. The power of the administrative agency to adjudicate the rights of persons before it. It is the power to hear and determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. [Comm. of Int. Rev. v. CA, GR 119761. Aug. 29, 1996]. Quasi-legislative power. Also Rule making power. The power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of nondelegability and separability of powers. [Comm. of Int. Rev. v. CA, GR 119761. Aug. 29, 1996]. Quasi-negotiable instrument. A negotiable instrument that may be transferred by endorsement, coupled with delivery. [Tan v. SEC, GR 95696. Mar. 3, 1992]. Quasi-parties. whose behalf
Those a class
in or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
945 representative suit is brought. [Claridades, A., Compilation of Notes, 20012006]. Quasi-public corporations. Public bodies which are not corporations in the full sense but only resemble them in that they have some attributes of a corporation and are created or authorized by the legislature as public agencies to undertake some public or state work for the general welfare. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 43]. Quasi-recidivism. Crim. Law. 1. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. It is not required that the felony previously committed be embraced in the same title of the Rev. Penal Code. [US v. Mohamad, 33 Phil. 524 (1916)]. 2. It is punishable by the maximum period of the penalty prescribed by law for the new felony and cannot be offset by any ordinary mitigating circumstance. [People v. Perez, 102 SCRA 352 (1981; People v. Villacores, 97 SCRA 567 (1980); and People v. Majuri, 96 SCRA 472 (1980)].
Quasi-traditio. See Quasidelivery. Quebrantamiento. Sp. Evasion. It means escape. [Tanega v. Masakayan, GR L27191. Feb. 28, 1967, citing Art. 93, RPC]. Quedan. Sugar warehouse receipt. [Sec. 3, RA 5524; Starke v. Philsucom, GR 85997. Aug. 19, 1992]. Quedan and Rural Credit Guarantee Corporation Act. RA 7393 entitled “An Act reorganizing the Quedan Guarantee Fund Board, renaming it as Quedan And Rural Credit Guarantee Corporation, enlarging its powers and resources to support farmers and rural enterprises, and for other purposes” enacted on Apr. 13, 1992. Question of fact. There is a question of fact when the doubt arises as to the truth or the falsehood of alleged facts. [Manila Bay Club v. CA, GR 110015. July 11, 1995]. Question of law. There is a question of fact when the doubt or difference arises as to the truth or the falsehood of alleged facts; or when the query necessarily invites calibration of the whole evidence considering mainly
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
946 the credibility of witnesses, existence and relevancy of specific surrounding circumstances, their relation to each other and to the whole and the probabilities of the situation. [Bernardo v. CA, GR 101680. Dec. 7, 1992]. Questions of order. Points of order.
See
Questions of privilege. Those affecting the duties, conduct, rights, privileges, dignity, integrity or reputation of the (legislature) or of its members, collectively or individually. [Rule XX. §121, Rules of the HoR]. Qui aliquid statuerit parte inaudita altera, aequum licet dexerit, haud aequum facerit. Lat. He who decides anything, one party being unheard, though he should decide right, does wrong. [People v. Mogol, GR L-37837. Aug. 24, 1984]. Quid pro quo. Lat. Something for something. The giving of something in exchange for another thing of equal value. [Duhaime's Legal Dict., 2004]. Quieting of title. 1. An action brought to remove or prevent a cloud or to quiet the title, whenever there is a cloud on title to real
property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title. [Art. 476, CC]. 2. A common law remedy for the removal of any cloud upon or doubt or uncertainty with respect to title to real property. [Viuda de Aviles v. CA, GR 95748. Nov. 21, 1996, citing Vitug, Compendium of Civil Law and Jurisp., 1993 Rev. Ed., p. 295]. Qui facit per allum facit per se. Lat. He who acts through another, acts by himself. [BPI v. De Coster, 49 Phil. 574, Nov. 12, 1926]. Qui haeret in litera haeret in cortice. Lat. He who considers merely the letter of an instrument goes but skin deep into its meaning. [People v. Puno, GR 97471. Feb. 17, 1993, citing Black's Law Dict., 4th Ed., 1413]. Qui in jus dominumve alterius succedit, jure ejus uti debet. Lat. He who succeeds to the right or property of another must use the same right as he. [Quijano v. Cabale, 49 Phil. 367, citing Escriche's Dict., title Heredere].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
947 Qui jure suo utitur mullum damnum facit. Lat. One who makes use of his own legal right does no injury. [Auyong Hian v. CTA, GR L28782. Sep. 12, 1974]. Qui non negat fatetur. Lat. The failure to deny becomes an admission. [Piedad v. Lanao Del Norte Electric Coop., GR 73735. Aug. 31, 1987]. Qui per alium facit per seipsum facere videtur. Lat. He who does a thing by an agent is considered as doing it himself. This rule is affirmed by the Civil Code thus: “Art. 1910. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority.” and “Art. 1911. Even when the agent has exceeded his authority, the principal is solidarily liable with the agent if the former allowed the latter to act as though he had full powers.” [Prudential Bank v. CA, GR 108957. June 14, 1993]. Qui prior est tempore, potior est jure. Lat. He who is before in time is the better in right. Priority in time gives preference in law. [Victronics Computers, Inc. v. RTC, Branch 63, Makati, GR 104019. Jan. 25, 1993, citing
Black's Law Dict., 5th Ed., p. 1125]. Quitclaim. Acquitting or giving up one’s claim or title. A release or acquittance given to one person by another, in respect of any action that the latter has or might have against the former. [Claridades, A., Compilation of Notes, 20012006]. Quitclaim deed. A deed without warranty of title which passes whatever title the grantor has to another. [Glossary of Legal Terms (Pro-Se), 2004]. Quod est inconveniens, aut contra rationem non permissum est in lege. Lat. What is inconvenient or contrary to reason is not allowed in law. [Rep. v. CA, GR 108926. July 12, 1996]. Quod nullum est, nullum producit effectum. Lat. One cannot produce anything out of nothing. [Moreno’s Law Dict., 2000 Ed., p. 384]. Quod quisque ob tutelam corporis sui fecerit, jure suo fecisse existimetur. Lat. That which anyone should do for the safety of his own person is to be adjudged as having been done justly in his own favor. [People v. Boholst-Caballero,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
948 GR L-23249. Nov. 25, 1974, citing 1 Viada, 172, 5th Ed.]. Quorum. 1. Corp. Law. T indigenous petroleum' shall include locally extracted mineral oil, hydrocarbon gas, bitumen, crude asphalt, mineral gas and all other similar or naturally associated substances with the exception of coal, peat, bituminous shale and/or stratified mineral deposits.he stockholders representing a majority of the outstanding capital stock or a majority of the members in the case of non-stock corporations, unless otherwise provided for in the Corporation Code or in the by-laws. [Sec. 52, Corp. Code]. 2. Pol. Law. That number of persons of the body which, when legally assembled in their proper places, will enable the body to transact its proper business, or, in other words, that number that makes a lawful body and gives it power to pass a law or ordinance or do any other valid corporate act. [Javellana v. Tayo, GR L18919. Dec. 29, 1962, citing 4 Mc-Quillin, Municipal Corporations (3rd Ed. 847)]. Quota. (a) A share, proportion, or part of a total. (b) The number of persons or things permitted to enter a country. [Intl. Law Dict. & Direct., 2004].
Quota allocation. The total value of imports of any particular item allowed to an importer, or that portion of the import quota granted to the importer. [Sec. 1, RA 426]. Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est. Lat. In the absence of ambiguity, no exposition shall be made which is opposed to the express words of the instrument. [Moreno’s Law Dict., 2000 Ed., p. 384]. Quo warranto. 1. The remedy to try the right to an office or franchise and to oust the holder from its enjoyment. [Lota v. CA, GR L-14803. June 30, 1961, citing 38 CJ 546; 2 Moran, Comments on the Rules of Court, 1957 ed., 200]. 2. A proceeding to determine the right to the use or exercise of a franchise or office and to oust the holder from its enjoyment, if his claim is not well-founded, or if he has forfeited his right to enjoy the privilege. [Castro v. Del Rosario, GR L-17915. Jan. 31, 1967]. Quo warranto petition. 1. The proper remedy where there is usurpation or intrusion into an office. [Lota v. CA, GR L-14803, June 30,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
949 1961, 2 SCRA 715]. 2. A remedy generally brought by the Government through the Solicitor General of a public prosecutor against a person, public officer or corporation, charging the latter with usurpation of office or franchise. This action intends to oust the defendant from his office or from enjoying holder's privileges if the right to hold such office is not well founded or if the holder has forfeited the said right. An individual person claiming to be entitled to a public office or position may also file the special civil action of quo warranto in his name.
virginity or chastity, once defiled, cannot be restored. [People v. Luague, GR 43588. Nov. 7, 1935].
Quo warranto; who may be made parties. Any person claiming to be entitled to a public office may bring an action of quo warranto without the intervention of the Solicitor General or the Fiscal [Navarro v. Gimenez, 10 Phil., 226] and only the person who is in unlawful possession of the office, and all who claim to be entitled to that office, may be made parties in order to determine their respective rights thereto in the same action. [2 Moran, Comments on the Rules of Court, 1957 Ed., 209, 210]. Quum virginitas, vel castitas, corrupta restitui non potest. Lat. Because
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
950 research of diseases. [Sec. 3, RA 7431].
-RRadioactive substance. Any substance which emits ionizing radiation. [Art. 4, RA 7394]. Radiologic technologist. A bona fide holder of a certificate of registration for radiologic technology issued by the Board of Radiologic Technology. [Sec. 3, RA 7431]. Radiologic technology. An auxiliary branch of radiology which deals with the technical application of radiation, such as x-rays, beta rays, gamma rays, ultrasound and radio frequency rays, in the diagnosis and treatment of diseases. [Sec. 3, RA 7431]. Radiologic Technology Act of 1992. RA 7431 enacted on Apr. 22, 1992. Radiologist. A licensed physician who specializes in the diagnosis or treatment of disease with the use of radiation. [Sec. 3, RA 7431]. Radiology. A branch of medical science which deals with the use of radiation in the diagnosis, treatment and
Radiotelephone call. A telephone call, originating in or intended on all or part of its route over the radio communications channels of the mobile service or of the mobile satellite service. [PLDT v. NTC, GR 88404. Oct. 18, 1990]. Radiotelephony. A telephony carried on by aid of radiowaves without connecting wires. [Claridades, A., Compilation of Notes, 2001-2006]. Rank. 1. A high social position or standing as a grade in the armed forces. [Webster's 3rd New Intl. Dict. of the British Lang. Unabr., (1881)]. 2. A graded official standing or social position or station. [75 CJS 458]. 3. The order or place in which said officers are placed in the army and navy in relation to others. [Encyclopedic Law Dict., 3rd Ed. p. 90]. 4. The designation or title of distinction conferred upon an officer in order to fix his relative position in reference to the other officers in matters of privileges, precedence, and sometimes of command or by which to determine his pay and emoluments as in the case of army staff officers. [Bouvier's Law Dict., 3rd Ed.,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
951 p. 2804]. 5. A grade or official standing, relative position in civil or social life, or in any scale of comparison, status, grade, including its grade, status or scale of comparison within a position. [Vol. 36, Words & Phrases, Permanent Ed., p. 100]. [All definitions cited in People v. Rodil, GR L-35156. Nov. 20, 1981]. Rank-and-file employees. 1. All employees not falling within the definitions of Managerial employee and Supervisory employees. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. Ransom. 1. The money, price or consideration paid or demanded for redemption of a captured person or persons, a payment that releases from captivity. [People v. Guevarra, GR 97471. Feb. 17, 1993]. 2. Money paid to have a kidnapped person released. [Duhaime's Legal Dict., 2004]. Rape. (Derived from the Latin word, rapere, literally meaning, to seize with violence) Crim. Law. 1. The felony committed by having carnal knowledge of a woman under any of the following circumstances: (a) By using force or intimidation; (b) when the woman is deprived of reason
or otherwise unconscious; and (c) when the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding numbers shall be present. [Art. 335, RPC]. 2. Generally defined as the carnal knowledge of a woman by a man forcibly and unlawfully against her will. [People v. Padre-e, GR 112969-70. Oct. 24, 1995]. 3. Carnal knowledge of a woman by a man which must be unlawful, that is, without her consent and against her utmost resistance. The presence or absence of traces of spermatozoa is immaterial, since it is penetration, however slight, and not ejaculation, that makes it rape. [People v. Gerones, 193 SCRA 263 (1991)]. Rape. Elements: (a) That the offender has had carnal knowledge of a woman; and (b) that such act is accomplished (1) by using force or intimidation, or (2) when the woman is deprived of reason or otherwise unconscious, or (3) when the woman is under twelve (12) years of age. [Gonzales v. CA, GR 108811. May 31, 1994]. Rape Victim Assistance and Protection Act of 1998. RA 8505 entitled “An
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
952 Act providing assistance and protection for rape victims, establishing for the purpose a rape crisis center in every province and city, authorizing the appropriation of funds therefor, and for other purposes” enacted on Feb. 13, 1998. Rate. Admin. Law. Any charge to the public for a service open to all and upon the same terms, including individual or joint rates, tolls, classifications, or schedules thereof, as well as commutation, mileage, kilometerage and other special rates which shall be imposed by law or regulation to be observed and followed by any person. [Sec. 2, Chap. 1, Book VII, EO 292]. Rate. Ins. Generally, the ratio of the premium to the amount insured and shall include, as the context may require, either the consideration to be paid or charged for insurance contracts, including surety bonds, or the elements and factors forming the basis for the determination or application of the same, or both. [Sec. 339, IC]. Rate base. The money honestly and prudently invested in the used and useful property and equipment less accrued depreciation plus one-twelfth
of the annual cash operating expenses as working capital. [Sec. 5, RA 3187]. Rate of exchange. Exchange rate.
See
Ratification. 1. Civ. Law. The approval by a person of a prior act which did not bind him but which was purportedly entered into for his own account. [Diaz, Bus. Law Rev., 1991 Ed., p. 89]. 2. An act to adopt or approve an act done by another. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. Const. Law. The sovereign act vested in the Filipino people to either reject or approve the proposals to amend or revise the Constitution. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 15]. Ratification. Civ. Law. Effects: (a) Ratification extinguishes the action to annul a voidable contract [Art. 1392, CC]; (b) it cleanses the contract from all its defects from the moment it was constituted [Art. 1396, CC]; and (c) it makes the contract perfectly valid from the moment of its celebration and not from the time of ratification. [Diaz, Bus. Law Rev., 1991 Ed., p. 89]. Ratio decidendi. Lat. Reason for deciding. 1. A finding of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
953 law in a decision, where the finding was based on the issues properly before the court. It is legal reasoning essential to the decision that the court must take to decide the case. [Tetley, Glossary of Conflict of Laws, 2004]. 2. The ground or reason of the decision in a case. [Jurist’s Legal Dict., 2004]. Ratio in jure aequitas integra. Reason in law is perfect equity. [Moreno’s Law Dict., 2000 Ed., p. 387]. Ratio legis est anima. Lat. The reason of law is its soul. [Comendador v. De Villa, GR 93177. Aug. 2, 1991]. Ratio legis est anima legis. Lat. The reason of the law is the soul of the law. [Moreno’s Law Dict., 2000 Ed., p. 387]. Ratooning. The cutting of the straw close to the ground at harvesting time after all the standing water has been drained out to allow the young tillers to sprout out the rootstocks and develop into mature normal bearing plants in three or four months with the aid of fertilizer, manure or compost. [Sec. 2, RA 2263]. Raw materials. Materials in their natural state or in crude form as well as
products made from crude material or materials which may have undergone manufacturing or process as may be allowed by any implementing rules and regulations. [Sec. 12, PD 1419]. RDA. See Recommended Dietary Allowances. Real action. An action brought for the specific recovery of land, tenements, or hereditaments. [Hernandez v. DBP, GR L31095. June 18, 1976]. Compare with Personal action. Real aggression. Crim. Law. An act positively strong as to show the wrongful intent of the aggressor, not merely a threatening or intimidating attitude. There must be a material attack in order that the right to defend must exist. [US v. Banzuela, 31 Phil. 565; US v. Santos, 17 Phil. 87]. Real and hypothecary nature of maritime law. The liability of the carrier in connection with losses related to maritime contracts is confined to the vessel, which is hypothecated for such obligations or which stands as the guaranty for their settlement. It has its origin by reason of the conditions
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
954 and risks attending maritime trade in its earliest years when such trade was replete with innumerable and unknown hazards since vessels had to go through largely uncharted waters to ply their trade. It was designed to offset such adverse conditions and to encourage people and entities to venture into maritime commerce despite the risks and the prohibitive cost of shipbuilding. Thus, the liability of the vessel owner and agent arising from the operation of such vessel were confined to the vessel itself, its equipment, freight, and insurance, if any, which limitation served to induce capitalists into effectively wagering their resources against the consideration of the large profits attainable in the trade. It might be noteworthy to add in passing that despite the modernization of the shipping industry and the development of hightechnology safety devices designed to reduce the risks therein, the limitation has not only persisted, but is even practically absolute in well-developed maritime countries such as the United States and England where it covers almost all maritime casualties. Philippine maritime law is of AngloAmerican extraction, and is
conventions and generally accepted practices relative to maritime trade and travel. [Aboitiz Shipping v. Gen. Accident Fire and Life Assurance, GR 100446. Jan. 21, 1993]. Real contracts. Contracts, such as deposit, pledge and Commodatum, which are not perfected until the delivery of the object of the obligation. [Art. 1316, CC]. Compare with Consensual contracts. Real delivery. See Actual delivery. Real estate. 1. As a general rule, the term connotes the land and the building or structure adhering thereto. [Moreno’s Law Dict., 2000 Ed., p. 387]. 2. For purposes of taxation, all land within the district by which the tax is levied, and all rights and interests in such land, and all buildings and other structures affixed to the land, even though as between the landlord and the tenant they are the property of the tenant and may be removed by him at the termination of the lease. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 51 Am. Jur. 438]. Real estate broker. Any person, other than a real estate salesman as
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
955 hereinafter defined, who for another, and for a compensation or in the expectation or promise of receiving compensation, (a) sells or offers for sale, buys or offers to buy, lists, or solicits for prospective purchasers or negotiates the purchase, sale or exchange of real estate or interests therein; (b) or negotiates loans or real estate; (c) or leases or offers to lease or negotiates the sale, purchase or exchange of a lease, or rents or places for rent or collects rent from real estate or improvements thereon; (d) or shall be employed by or on behalf of the owner or owners of lots or other parcels of real estate at a stated salary, on commission, or otherwise, to sell such real estate or any parts thereof in lots or parcels. [Sec. 1, PD 426]. Real estate dealer. Any person engaged in the business of buying, selling, exchanging, leasing, or renting property on his own account as principal and holding himself out as a full or part-time dealer in real estate or as an owner of rental property or properties rented or offered to rent for an aggregate amount of three thousand pesos or more a year. [Sec. 6, RA 588].
Real estate mortgage. 1. A con-tract embodied in a public instrument recorded in the Registry of Property, by which the owner of an immovable (or an alienable real right imposed upon immovables) directly and immediately subjects it, whoever the possessor may be, to the fulfillment of the obligation for whose security it was constituted. [Arts. 2124, 2125, 2126, CC. Note that Art. 2125 states that "If the instrument is not recorded, the mortgage is nevertheless binding between the parties."]. 2. A contract in which the debtor guarantees to the creditor the fulfillment of a principal obligation, subjecting for the faithful compliance therewith a real property in case of non-fulfillment of said obligation at the time stipulated. [Paras. E. L., Civil Code of the Phils., Anno., 10th Ed., Vol. V, p. 852, citing 12 Manresa, p. 460]. Compare with Chattel mortgage. Real estate salesman. Any natural person regularly employed by a real estate broker to perform in behalf of such broker. [Sec. 1, PD 426]. Real estate tax. A tax in rem against realty without personal liability therefor on part of owner thereof, and a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
956 judgment recovered in proceedings for enforcement of real estate tax is one in rem against the realty without personal liability against the owner. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing 36 Words & Phrases, 286]. Real evidence. Any fact about a material or corporate object, e.g. a book or a human foot, whether produced in court or not. [Tiglao v. Comelec, GR L31566 & L-31847. Aug. 31, 1970]. See Autoptic preference. Real interest. A present substantial interest, as distinguished from a mere expectancy or a future, contingent, subordinate or consequential interest. [Barfel Devt. Corp. v. CA, citing Moreno, Phil. Law Dict., 3rd Ed.]. Real novation. Also Objective novation. The extinguishment of an obligation by a subsequent one which terminates it, either by changing its object or principal conditions. [Caned v. CA, GR 81322. Feb. 5, 1990]. Compare with Personal novation or Subjective Novation. Real party in interest. The party who stands to be
benefited or injured by the judgment or the party entitled to the avails the suit. [Samahan ng mga Nangungupahan sa Azcarraga Textile Market v. CA, GR 68357, Sep. 26, 1988; Sec. 2, Rule 3, RoC]. Real party in interestdefendant. One who has a correlative legal obligation whose act or omission violates the legal right of the plaintiff. [Lee v. Romillo, GR L-60937. May 28, 1988]. Real party in interestplaintiff. One who has a legal right. [Lee v. Romillo, GR L-60937. May 28, 1988]. Real plurality. Also Concurso real. This arises when the accused performs an act or different acts with distinct purposes and resulting in different crimes which are juridically independent. Unlike ideal plurality, this real plurality is not governed by Art. 48 of the Rev. Penal Code. [Gamboa v. CA, GR L-41054. Nov. 28, 1975, citing The Rev. Penal Code, Aquino, Vol. I 1961 Ed., at 555-56]. Real property. 1. Also Real estate. Land and buildings and other improvements which are more or less of permanent structure and substantially adhering to the land with the intent of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
957 permanent annexation. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Land, buildings, and whatever is attached or affixed to the land. Generally synonymous with the words Real estate. [Glossary of Legal Terms (Pro-Se), 2004]. 3. Immovable property such as land or a building or an object that, though at one time a chattel, has become permanently affixed to land or a building. [Duhaime's Legal Dict., 2004]. Real Property Tax Code. PD 464 signed into law on May 20, 1974. Real right. The power belonging to a person over a specific thing, without a passive subject individually determined against whom such right may be personally exercised. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 5, citing 3 Sanchez Roman 6, 8]. Real right of possession. Possession for more than one year, or possession de jure (Art. 555, CC) which is lost after the lapse of ten years. [Moreno’s Law Dict., 2000 Ed., p. 388]. Real tradition. The delivery or transfer of a thing from hand to hand, if it is movable, and if it is immovable, by certain
material or possessory acts by the grantee done in the presence and with the consent of the grantor, such as entering upon the property, gathering its fruits, opening doors, etc., which are generally called taking possession. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 459]. See Constructive tradition. Realty Installment Buyer Protection Act. RA 6552 entitled “An Act to provide protection to buyers of real estate on installment payments” enacted on Aug. 26, 1972. Also known as Maceda Law. Real union. Intl. Law. A union created when two or more states are merged under a central authority through which they act in the direction of their external affairs. The states forming this union do not lose their status as such but their respective international personalities are extinguished and blended in the new international person which, however, is not considered a state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 13]. Compare with Personal union. Reasonable bail. That bail which, in view of the nature of the offense, the penalty which the law attaches to it
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
958 and the probabilities that guilt will be established on the trial, seems no more than sufficient to secure the party’s attendance. In determining this, some regard should be had to the prisoner’s pecuniary circumstances. [Moreno’s Law Dict., 2000 Ed., p. 389]. Reasonable care. The degree of diligence required in the performance of a right. [Claridades, A., Compilation of Notes, 20012006]. Reasonable classification. Elements: (a) It must rest on substantial distinctions; (b) it must be germane to the purpose of the law; (c) it must not be limited to existing conditions only; and (d) it must apply equally to all members of the same class. [Maritime Manning Agencies v. POEA, GR 114714. Apr. 21, 1995]. Reasonable doubt. 1. That doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required, and this certainty is required as to every proposition of proof requisite
to constitute the offense. [US v. Lasada, 18 Phil. 90]. 2. That state of mind of a judge in which he cannot say he feels an abiding conviction as to the truth of the charge. [Glossary of Legal Terms (Pro-Se), 2004]. Reasonable necessity of the means employed. Crim. Law. It does not imply material commensurability between the means of attack and defense. What the law requires is rational equivalence, in the consideration of which will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. [People v. Encomienda, GR L-26750. Aug. 18, 1972]. Reasonable person. A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
959 something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do. [Jurist’s Legal Dict., 2004]. Reasonable private benefit plan. A pension, gratuity, stock bonus or profit-sharing plan maintained by an employer for the benefit of some or all of his officials or employees, wherein contributions are made by such employer for the officials or employees, or both, for the purpose of distributing to such officials and employees the earnings and principal of the fund thus accumulated, and wherein it is provided in said plan that at no time shall any part of the corpus or income of the fund be used for, or be diverted to, any purpose other than for the exclusive benefit of the said officials and employees. [Sec. 31, NIRC, as amended]. Reasonable rate of return on investments and operating and maintenance cost. The rate of return that reflects the prevailing cost of capital in the domestic and international markets. [Sec. 2, RA 7718].
Reasonable time. So much time as is necessary under the circumstances for a reasonable prudent and diligent man to do, conveniently, what the contract or duty requires should be done, having a regard for the rights and possibility of loss, if any, to the other party. [Far East Realty v. CA, 166 SCRA 256 (1988)]. Reassessment. The assigning of new assessed values to property, particularly real estate, as the result of a general, partial or individual reappraisal of the property. [Sec. 3, PD 464]. Reassignment. Admin. Law. The movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status, or salary and does not require the issuance of an appointment. [Sec. 10, Rule VII of the Omnibus Rules Implementing Book V of EO 292]. Compare with Detail. Rebate. The discount or reduction in a claim made in consideration of prompt payment. [Padilla v. CA, GR 105851. Mar. 24, 1993, citing Phil. Legal Encyc.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
960 (1986), QC, Phoenix Press, pp. 827-828]. Rebellion. Also Insurrection. Crim. Law. 1. The felony committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippines or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive (President) or the Legislature (Congress), wholly or partially, of any of their powers or prerogatives. [Art. 134, RPC, as amended by RA 6968]. 2. The felony committed by rising publicly and taking up arms against the Government for any of the purposes specified in Art. 134 of the Rev. Penal Code. 2. Rebellion is a crime against public order. Rising publicly and taking arms against the Government is the very element of the crime of rebellion. [Buscayno v. Military Commissions, GR 58284, 109 SCRA 289 (1981)]. Rebus sic stantibus. Lat. At this point of affairs; In these circumstances; Things remaining as they are. 1. Under this theory, the parties stipulate in the light of certain prevailing conditions, and once these
conditions cease to exist the contract also ceases to exist. Considering practical needs and the demands of equity and good faith, the disappearance of the basis of a contract gives rise to a right to relief in favor of the party prejudiced. 2. A name given to a tacit condition, said to attach to all treaties, that they shall cease to be obligatory so soon as the state of facts and conditions upon which they were founded has substantially changed. [PNCC v. CA, GR 116896. May 5, 1997, citing Black's Law Dict., 1139 (5th Ed., 1979)]. Compare with Pacta sunt servanda. Rebus sic stantibus principle. The theory under which the parties stipulate in the light of certain prevailing conditions, and once these conditions cease to exist, the contract also ceases to exist. [Naga Telephone Co. v. CA, 230 SCRA 351, 365 (1994) citing IV Tolentino 347]. This theory is said to be the basis of Art. 1267 of the Civil Code, (which enunciates the doctrine of unforeseen events and) which provides: “When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part.” [PNCC v. CA, GR 116896. May 5, 1997].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
961 Rebut. Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. [Glossary of Legal Terms (Pro-Se), 2004]. See Rejoinder.
proper administration of public affairs. [Garcia v. Comelec, GR 111511. Oct. 5, 1993, citing 67 CJS 480].
Rebuttal evidence. Evidence which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 8].
Recall, written petition for. A petition duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled and, and in a public place in the province, city, municipality, or barangay, as the case may be, and filed with the Comelec through its office in the local government unit concerned. [Sec. 70 (d) (1), LGC].
Recall. A procedure for locating a newborn with a possible heritable condition for purposes of providing the newborn with appropriate laboratory to confirm the diagnosis and, as appropriate, provide treatment. [Sec. 4, RA 9288].
Recant. 1. To withdraw or repudiate formally and publicly. [citing Black's Law Dict., 6th Ed. (1990)]. 2. To renounce or withdraw a prior statement. [Alonte v. Savellano, GR 131652. Mar. 9, 1998, citing Words & Phrases Vol. 36].
Recall. Admin. Law. 1. A mode of removal of a public officer by the people before the end of his term of office. The people's prerogative to remove a public officer is an incident of their sovereign power and in the absence of constitutional restraint, the power is implied in all governmental operations. Such power has been held to be indispensable for the
Recantation. The term usually applies to a repudiation by a complainant or a witness, either for the prosecution or the defense, who has previously given an extrajudicial statement or testimony in court. [People v. del Pilar, 188 SCRA 37 (1990)].
Rebuttable presumption. See Prima facie presumption; Disputable presumption.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
962 Receipt. A written and signed acknowledgment that money has been paid or goods have been delivered. A receipt is merely presumptive evidence and is not conclusive. A written acknowledgment that money or a thing of value has been received. [Sibal, Jose Agaton R., Phil. Legal Encyc., 1986, pp. 829-830]. Receipts. Income realized from operations and activities of the Government or are received by the Government in the exercise of its corporate functions, consisting of charges for services rendered, or for conveniences furnished, or the price of a commodity sold, as well as authorized contributions or aids from other entities, except provisional advances for budgetary purposes. Loans for specific projects or activities shall be considered as receipts. [Sec. 14, PD 477]. Received for shipment bill of lading. One in which it is stated that the goods have been received for shipment with or without specifying the vessel by which the goods are to be shipped. Received for shipment bills of lading are issued whenever conditions are not normal and there is insufficiency of shipping
space. [Magellan v. CA, GR 95529. Aug. 22, 1991]. Compare with On board bill of lading. Received the goods in good order and condition. It means that the goods were in fact delivered to and received as such by the person who signed the invoice. [Moreno’s Law Dict., 2000 Ed., p. 391]. Receiver. A representative of the court appointing him for the purpose of preserving and conserving the property under receivership and preventing its possible destruction or dissipation, if it goes to the possession of another person. [Salientes v. IAC, GR L-66211. July 14, 1995]. Receivership. The placement of property, real or personal, which is subject of litigation, in the possession and control of a receiver appointed by the Court, who shall conserve it pending final determination of the title or right or possession over it. [Cojuangco, Jr. v. PCGG, 190 SCRA 226, 249]. Receiving any gift. The act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in RA 6713, even on the occasion of a family
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
963 celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor. [Sec. 3, RA 6713]. Receiving homes. Familytype homes which provides temporary shelter from ten to twenty days for children who shall during this period be under observation and study for eventual placement by the DSWD. The number of children in a receiving home shall not at any time exceed nine: Provided, That no more than two of them shall be under three years of age. [Art. 117, PD 603]. Reception and study center. An institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies. [Art. 117, PD 603]. Recess. 1. As the concept is embraced in the phrase "at attendance in the school," it contemplates a situation of temporary adjournment of school activities where the
student still remains within call of his mentor and is not permitted to leave the school premises, or the area within which the school activity is conducted. [Salvosa v. IAC, GR L-70458. Oct. 5, 1988]. 2. Pol. Law. The intervening period between adjournment of a regular session of one hundred days exclusive of Sundays, or of a special session which cannot continue longer than thirty days, and the convening thereof in regular session once every year on the fourth Monday of [July] or in special session to consider general legislation or only such subjects as he (the President) may designate. And such intervening period refers to the same congress that had adjourned and was to be convened. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. Compare with Adjournment. Recidivism. Also Reincidencia. Crim. Law. 1. An aggravating circumstance in which the offender shall have been previously convicted by final judgment of another crime embraced in the same title of the Rev. Penal Code. [People v. Real, GR 93436. Mar. 24, 1995, citing Art. 14 (9), RPC]. 2. It involves at least two convictions and is a form of plurality of crimes
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
964 like reiteracion, habitual delinquency and quasirecidivism. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 133]. 3. The continued, habitual or compulsive commission of law violations after first having been convicted or prior offenses. [Jurist’s Legal Dict., 2004]. Recidivist. Crim. Law. A person who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Rev. Penal Code. [People v. Kintuan, GR 74100. Dec. 3, 1987; Art. 14, RPC]. Reciprocal contract. See Synallagmatic contract. Reciprocal obligations. Those obligations that arise from the same cause, and in which each party is a debtor and a creditor of the other, such that the obligation of one is dependent upon the obligation of the other. [Presbitero v. CA, GR 102432. Jan. 21, 1993]. Reciprocal wills. Succ. Wills in which the testators name each other as beneficiaries under similar testamentary plans. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 104, citing 57 Am. Jur. Sec. 681, p. 459].
Reciprocity rule. Intl. Law. A state only has to respond to a suit brought against it before the International Court of Justice to the extent that the state bringing the suit has also accepted the jurisdiction of the Court. [Intl. Law Dict. & Direct., 2004]. Reckless. Characterized by or manifesting lack of caution; rash, utterly heedless. [Moreno’s Law Dict., 2000 Ed., p. 392]. Reckless driving. The failure to take such precaution or advance measures in the performance of an act as the most common prudence would suggest, whether injury is caused to persons or property. [Moreno’s Law Dict., 2000 Ed., p. 392]. Reckless imprudence. 1. It consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. [Art. 365, RPC]. 2. An act
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
965 from which injury results, which act, had it been done with malice, would constitute a crime. [US v. Manabat, GR 9700. Dec. 3, 1914]. Also Criminal negligence. Reckless negligence. It consists of the failure to take such precautions or advance measures in the performance of an act as the most common prudence would suggest whereby injury is caused to persons or to property. [US v. Nava, GR 991. Dec. 19, 1902]. Recklessness. A lack of heed or concern for consequence; especially, foolishly heedless of danger; headlong; rash; desperate; not caring or noting; neglectful; indifferent. [US v. Aligan, GR 18606. Aug. 1, 1922]. Reclaimed land. Submerged land which by deliberate action of dredging and filling has emerged to the surface. Such land belongs to the State. [Peña, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 86]. Reclassification or reallocation. A change in the classification of a position either as a result of a change in its duties and responsibilities sufficient to warrant placing the position in a different class, or as result of a reevaluation of a
position without a significant change in duties and responsibilities. [Sec. 3, PD 985]. Reclusion perpetua. Rem. Law. 1. The penalty whereby any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. [Art. 27, RPC]. 2. It entails imprisonment for at least thirty (30) years after which the convict becomes eligible for pardon, it also carries with it accessory penalties, namely; perpetual special disqualification, etc. It is not the same as "life imprisonment." [People v. Baguio, GR 76585. Apr. 30, 1991]. Reclusion temporal. The penalty shall be from twelve years and one day to twenty years (of imprisonment). [Art. 27, RPC]. Recognition. Civ. Law. The process of declaring legally that a certain person is one’s own child. [Moreno’s Law Dict., 2000 Ed., p. 393]. Recognition. Intl. Law. 1. The act by which a state acknowledges the existence
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
966 of another state, a government or a belligerent community, and indicates its willingness to deal with the entity as such under international law. [Sandoval, Pol. Law Reviewer 2003]. 2. Formal acknowledgement or acceptance by a government of the independence and sovereignty of a newly created state or of a newly established government in another state, especially one established by revolution. [Intl. Law Dict. & Direct., 2004]. Recognition of belligerency. Intl. Law. The formal acknowledgment by a third party of the existence of a state of war between the central government and a portion of that state. [Sandoval, Pol. Law Reviewer 2003]. Recognition of foreign judgments. In conflict of laws, the rules and principles applied by courts in determining whether or not to recognize and enforce a judgment rendered by a foreign court or an arbitral award rendered by a foreign arbitral tribunal. [Tetley, Glossary of Conflict of Laws, 2004]. Recognition of government. Intl. Law. The free act by which one or several states acknowledge
that a person or a group of persons is capable of binding the state which they claim to represent and witness their intention to enter into relations with them. [Sandoval, Pol. Law Reviewer 2003]. Recognition of states. Intl. Law. Under the minority view (or constitutive school), recognition is the act which constitutes the entity into an international person. Such recognition is compulsory and legal; it may be compelled once the elements of a state are established. Under the majority view (or declaratory school), recognition merely affirms an existing fact, like possession by the state of the essential elements. It is discretionary and political. [Sandoval, Pol. Law Reviewer 2003]. Recognizance. 1. An obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial. [People v. Abner,. 87 Phil. 566, 569]. 2. An obligation entered into before a court whereby the recognizor acknowledges that he will do a specific act
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
967 required by law. [Glossary of Legal Terms (Pro-Se), 2004]. Recommend. To present one's advice or choice as having one's approval or to represent or urge as advisable or expedient. It involves the idea that another has the final decision. [Sinon v. CSC, GR 101251. Nov. 5, 1992]. Compare with Assist. Recommended Dietary Allowances (RDA). Levels of nutrient intakes which are considered adequate to maintain health and provide reasonable levels or reserves in body tissues of nearly all health persons in the population. [Sec. 3, RA 8976]. Reconstitution. The restoration of the instrument or title allegedly lost or destroyed in its original form and condition. [Anciano v. Caballes, No. L-5040, Sep. 29, 1953, 93 Phil 876]. Reconstitution of a certificate of title. Also Reconstruction of a certificate of title. Within the meaning of RA 26, the term denotes restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition. [Vda. de Anciano v. Caballes, 93 Phil. 875]. The purpose of the
reconstitution of any document, book or record is to have the same reproduced, after observing the procedure prescribed by law, in the same form they were when the loss or destruction occurred. [Bunagan v. Branch VI, CFI of Cebu, GR L-29073. Apr. 18, 1980]. Reconstitution of Torrens Certificates of Title Law. RA 26 entitled “An Act providing a special procedure for the reconstitution of torrens certificates of title lost or destroyed” enacted on Sep. 25, 1946. Reconstruction of certificate of title. Reconstitution of certificate of title.
a See a
Reconveyance, action for. A legal remedy granted to a rightful owner of land wrongfully or erroneously registered in the name of another to compel the latter to reconvey the land to him. [Esconde v. Barlongay, 152 SCRA 603 (1987)]. Record. 1. All the documents and evidence plus transcripts of oral proceedings in a case. [Glossary of Legal Terms (Pro-Se), 2004]. 2. An information written on a tangible medium or stored in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
968 an electronic or other similar medium, retrievable form. [Sec. 3, RA 9285]. Re-cross-examination. Evid. The re-cross examination of the witness by the adverse party, upon the conclusion of the re-direct examination, on matters stated in the redirect examination, and also on such other matters as may be allowed by the court in its discretion. [Sec. 8, Rule 132, RoC]. Compare with Re-direct examination. Recruitment. Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not. [People v. Turda, GR 97044-46. July 6, 1994]. Recruitment and placement. Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a free employment to two or more persons shall be deemed
engaged in recruitment and placement. [Art. 13, LC]. Recruitment and placement. Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement. [Art. 13, LC]. Rectifier. Every person who rectifies, purifies, or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort, wash, sap, or syrup through continuous closed vessels and pipes until the manufacture thereof is complete. [Sec. 1, PD 426]. Recto Law. Act 4122, now Art. 1484 of the Civil Code, which provides: "In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (a) Exact fulfillment of the obligation, should the vendee fail to pay; (b) cancel
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
969 the sale, should the vendee's failure to pay cover two or more installments; (c) foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments. In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. Any agreement to the contrary shall be void.” [Dela Cruz v. Asian Consumer, GR 94828. Sep. 18, 1992]. Recuse. The process by which a judge is disqualified from hearing a case, on his own motion or upon the objection of either party. [Glossary of Legal Terms (Pro-Se), 2004]. Reddendo singula singulis. Lat. Referring each to each. Referring each phrase or expression to its appropriate object. Let each be put in its proper place, that is, the words should be taken distributively. [People v. Tamani, GR L-22160 & L22161. Jan. 21, 1974, citing 76 C. J. S. 175]. Redeemable bonds. Corp. Law. Bonds which give the issuer the right to pay off the bonds even before maturity. [Diaz, Bus. Law Rev., 1991 Ed., p. 269].
Redeemable security. Any security, other than shortterm paper, under the terms of which the holder, upon its presentation to the issuer or to a person designated by the issuer, is entitled to receive approximately his proportionate share of the issuer's current net assets, or the cash equivalent thereof. [Sec. 3, RA 2629]. Redeemable shares. Corp. Law. Shares which may be issued by the corporation when expressly so provided in the articles of incorporation. They may be purchased or taken up by the corporation upon the expiration of a fixed period, regardless of the existence of unrestricted retained earnings in the books of the corporation, and upon such other terms and conditions as may be stated in the articles of incorporation, which terms and conditions must also be stated in the certificate of stock representing said shares. [Sec. 8, Corp. Code]. Redemption. Buying back. When a vendor later buys the property back. A right of redemption gives the vendor the right to buy back the property. [Duhaime's Legal Dict., 2004]. See Right of redemption and Equity of redemption.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
970 Redemptioner. A creditor having a lien by attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the judgment under which the property was sold. [Medida v. CA, GR 98334. May 8, 1992]. Redhibitory action. An action to withdraw from the contract, with damages. [Art. 1567, CC]. Redhibitory defect. An imperfection or defect of such nature as to engender a certain degree of importance. An imperfection or defect of little consequence does not come within the category of being redhibitory. [Moles v. IAC, GR 73913. Jan. 31, 1989]. Re-direct examination. Evid. 1. The re-examination of the witness by the party calling him, after the crossexamination has been concluded, to explain or supplement his answers given during the crossexamination. [Sec. 7, Rule 132, RoC]. 2. Opportunity to present rebuttal evidence after one's evidence has been subjected to crossexamination. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Recross examination.
Redress. To set right; to remedy; to compensate; to remove the causes of a grievance. [Glossary of Legal Terms (Pro-Se), 2004]. Reduction in price. Remedy that allows a buyer to pay less for non-conforming goods in those cases where the buyer is not entitled to damages. [Intl. Law Dict. & Direct., 2000]. Redundancy. Labor. It exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. [Almodiel v. NLRC, GR 100641. June 14, 1993]. Redundant position. Labor. Where a position is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as overhiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise. The employer has no legal obligation to keep in its payroll more employees than are necessary for the operation of its business. [Wiltshire File Co., Inc. v. NLRC, GR 82249, Feb. 7, 1991, 193 SCRA 665, 672].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
971 Re-export permit. A permit authorizing an individual to bring out of the country a previous imported wildlife. [Sec. 5, RA 9147]. Referee. Rem. Law. A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court. [Glossary of Legal Terms (Pro-Se), 2004]. Also called Commissioner. Referee. Also Sentenciador. A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by announcing the winner or declaring a tie or no contest game. [Sec. 4, PD 449]. Referee in case of need. Nego. Inst. A person whose name is inserted by the drawer on the bill, to whom the holder may resort in case the bill is dishonored by non-acceptance or nonpayment. [[Diaz, Bus. Law
Rev., 1991 Ed., p. 366, citing Sec. 131, NIL]. Referendum. Pol. Law. 1. The power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes, namely: (a) Referendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and (b) referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. [Sec. 3, RA 6735]. 2. The right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of electors become a law. [Cruz, Phil. Pol. Law, 1991 Ed., p. 169]. Compare with Plebiscite. Referral selling. The sales device employed by the sellers wherein the buyer is induced to acquire goods or services by representing that after the acquisition of the goods or services, he will receive a rebate, commission or other benefit in return for the submission of names of potential
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
972 customers or otherwise helping the seller enter into other sales, if the receipt of such benefit is contingent on an event occurring after the sale is made. [Art. 4, RA 7394]. Refer to drawer. A banking phrase indicating that there was no deposit or arrangement with the bank for the payment of the dishonored check. [Moreno’s Law Dict., 2000 Ed., p. 395]. Refined gold. Gold that has been purified to the fineness acceptable to the Central Bank (now Bangko Sentral). [Sec. 1, RA 6364]. Refining. 1. A process where impurities and/or deleterious materials are removed from a mixture in order to produce a pure element of compound. it shall also refer to partial distillation and electrolysis. [Sec. 3, PD 1185]. 2. The processing or treating of petroleum by chemical or physical means for the purpose of making or separating marketable products; not including, however, such operations, separate from the foregoing, as gas compression, removal of noxious gases, crude oil stabilization or treatment for emulsion, or any other operation which has as its principal aim the avoidance of hazard or loss, or which is
incidental to production or to transportation. [Sec. 74, RA 387]. Refining concession. A concession which grants to the concessionaire the right to manufacture or refine petroleum, or to extract its derivatives. [Art. 10, RA 387]. Reformation. That remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties. [NIA v. Gamit, GR 85869. Nov. 6, 1992]. Reformation of a contract. As enumerated in Art. 1359 of the Civil Code, its requisites are: (a) There must have been a meeting of the minds to a contract; (b) the instrument or document evidencing the contract does not express the true intention of the parties; and (c) the failure of the instrument to express the true intention of the parties must be due to mistake, fraud inequitable conduct or accident. [Mata v. CA, GR 87880, Apr. 7, 1992, citing Tan Sua Sia v. Yu Baio Sontua, 56 Phil. 711]. Reformation of instruments. That remedy in equity by means of which a written instrument is made
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
973 or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. [Veluz v. Veluz, GR L-23261. July 31, 1968, citing 53 CJ 906, cited in Padilla's Civil Code Annotated, Vol. II, p. 431]. Reformation of instruments. Requisites: (a) There is a valid contract; (b) the contract is in writing; and (c) the written contract did not express the true intention of the parties due to mistake, fraud, inequitable conduct or accident [Art. 1359, CC]. Refresher. Process of further training in work currently performed in order to improve job performance. This also refers to training to regain skills and knowledge which may have been partly forgotten as a result of length interruptions in the performance of an occupation. [Sec. 1, Rule 1, Book 2, IRR of LC]. Refrigerating and cold storage plants. 1. A set of refrigerating machinery housed in a building with cold storage compartments, for making ice and freezing and storing fish and fishery/aquatic products exclusively for the fishery industry. [Sec. 3, PD 704]. 2. A set of refrigerating
machineries housed in a building with cold storage fish and other perishable commodities. [Sec. 3, PD 43]. Refrigeration equipment. Gas, solar or electrically operated machines for the control of medium and low temperature such as conventional and frost-free household and commercial refrigerators and freezers; beverage coolers, water coolers, ice cream, ice drop and ice cube making machines and vendo machines; cold storage, brine tanks, brine and storage coils; sealed, semiseal and open type refrigeration compressors. [Sec. 1, PD 1572]. Refugee. Intl. Law. Any person who is outside the country of his nationality, or if he has no nationality, the country of his former habitual residence, because he has had or had wellgrounded fear of persecution by reason of his race, religion, nationality or political opinion and is unable or, because of such fear, is unwilling to avail himself of the protection of the government of the country of his nationality, or, if he has no nationality, to return to the country of his former habitual residence.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
974 [Sandoval, Pol. Law Reviewer 2003]. Refusal of assistance. Crim. Law. The felony committed by a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party. [Art. 233, RPC]. Refusal to discharge elective office. Crim. Law. The felony committed by any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. [Art. 234, RPC]. Refuse. 1. Garbage, waste, wood residues, sand, lime cinders ashes, offal, nightsoil, tar, dye staffs, acids, chemicals and substances other than sewage and industrial wastes that may cause pollution. [Sec. 3, PD 979]. 2. An inclusive term for all solid waste products consisting of garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings and industrial wastes. [Sec. 81, PD 856].
Refusing to act within a reasonable time on any matter before public officer for some pecuniary or material benefit. The elements of Sec. 3(f) of the Anti-Graft and Corrupt Practices (RA 3019) are that: (a) The offender is a public officer; (b) the said officer has neglected or has refused to act without sufficient justification after due demand or request has been made on him; (c) reasonable time has elapsed from such demand or request without the public officer having acted on the matter pending before him; and (d) such failure to so act is for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage in favor of an interested party, or discriminating against another. [Coronado v. Sandiganbayan, GR 94955. Aug. 18, 1993]. Regalian doctrine. 1. All lands not otherwise clearly appearing to be privatelyowned are presumed to belong to the State. Forest lands, like mineral or timber lands which are public lands, are not subject to private ownership unless they under the Constitution, become private properties. In the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
975 absence of such classification, the land remains unclassified public land until released therefrom and rendered open to disposition. [Dir. of Lands v. IAC, GR 73246. Mar. 2, 1993, 219 SCRA 339]. 2. The doctrine that holds that all lands of the public domain are owned by the State, [Sec. 2. Art. XII, 1987 Const.] and that the State is the source of any asserted right to ownership in land and charged with the conservation of such patrimony. [Rep. v. CA, 89 SCRA 648 (1979)]. Regalian theory. A doctrine which states that all lands in the Philippines are presumed to belong to the government, and anyone who claims ownership or title to a land must positively establish that he acquired the same by any of the modes allowed by law, or that he and his predecessors-in-interest have been in possession of the land since time immemorial. [Moreno’s Law Dict., 2000 Ed., p. 396]. Regional language. The lingua franca or the commonly spoken language of a region. [Sec. 3, RA 7104]. Regional party. A party the constituency of which is
spread over the geographical territory of at least a majority of the cities and provinces comprising the region. [Sec. 3, RA 7941]. Region of war. Intl. Law. The place where the belligerents may lawfully engage each other, as distinguished from the theater of war. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 138-139]. Registered bond. Corp. Law. One which is payable only to the person whose name appears on the face of the bond certificate and in the bond register of the company; hence, it is not negotiable. It is, however, transferable, and the transfer of a registered bond is possible only by recording the transfer on the transfer books of the company and registering the name of the new owner, [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69]. Registered enterprises. Any individual, partnership, cooperative, corporation or other entity incorporated and/or organized and existing under Philippine laws; and registered with the Board of Investments. [Art. 11, EO 226 (1987)].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
976 Registered export producer. Any person, corporation, partnership, or other entity doing business in the Philippines, (a) registered with Philippine Export Councils; (b) engaged in the manufacture, production or processing of articles or products for export in commercial quantity; and (c) directly exporting its products, or selling them (1) to a registered export trader that subsequently exports the said products, or (2) to another export producer who utilizes said products as direct materials or input in product subsequently manufactured or processed by them and thereafter exported or (3) to foreign tourists, when paid for in acceptable foreign currency and actually brought out of the Philippines by the buyers upon their departure. [Sec. 187, NIRC, as amended]. Registered export trader. Any person, corporation, partnership or other entity doing business in the Philippines (a) registered with the Philippine Export Council; and (b) who is engaged in the buying of Philippine-made products and subsequently exporting the same. [Sec. 187, NIRC, as amended].
Registered mark. Trademark with the words "Registered in the Philippines Patent Office" or "Reg. Phil. Pat. Off." or the letter "R" enclosed within a circle. [RA 166]. Registered tourism enterprise. A person, corporation, partnership or other entity organized and existing under the Philippine Constitution registered with the Philippine Tourism Authority in accordance with and as defined by PD 535, and engaged in or proposing to engage in rendering services to foreign tourists and travelers covered by the Tourism Priorities Plan and subject to the guidelines prepared by the DOT. [Sec. 38, PD 564; Sec. 1, PD 534]. Registered voter. Elec. Law. One who is duly registered in the list of voters because he possesses the qualifications for suffrage. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 309]. Register of Deeds, Office of the. 1. A public depository of records of public documents affecting the title to lands in the province or in the city where the lands are located. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 436, citing Sec. 193, Admin. Code]. 2. The office where
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
977 the inscription or annotation of acts and contracts relating to ownership and other rights over real property are recorded. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. Registration. A ministerial act by which a deed, contract, or instrument is sought to be inscribed in the records of the Office of the Register of Deeds and annotated at the back of the Certificate of title covering the land subject of the deed, contract or instrument. Its purpose is to give notice thereof to all persons (Sec. 51, Act 496) and does not declare that the recorded instrument is a valid and subsisting interest in the land. This is so because the effect or validity of the instrument can only be determined in an ordinary case before the courts, not before a court acting merely as a registration court which has no jurisdiction over the same. [Seton v. Rodriguez, GR L-16285. Dec. 29, 1960]. Registration of agreement. Labor. The filing of the collective bargaining agreement with the Regional Office or the Bureau of Labor Relations accompanied by verified proof of posting and ratification and payment of fee. [Sec. 1, Rule 1, Book 5, IRR of LC].
Registration (of voters). Elec. Law. A method of proof, prescribed for ascertaining who are qualified to cast votes. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 309, citing People v. Carleton, 41 Miss. 523]. Registration proceedings. Labor. Proceedings involving the application for registration of labor organizations. [Sec. 1, Rule 1, Book 5, IRR of LC]. Registration statement. The application for the registration of securities required to be filed with the Tariff Commission. [Sec. 3, RA 8799]. Registry of property. An institution of the State which publishes the juridical situation and vicissitudes of real properties and real rights therein, showing thereby the acts relative to said properties. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 449, citing Ventura, Land Registration and Mortgages, p. 39]. Regressive tax. Tax the rate of which decreases as the tax base or bracket increases. (There is no such tax in the Philippines.) [De Leon, Fundamentals of Taxation, 2000 Ed., p. 15].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
978 Regular. Steady or uniform in course, practice, or occurrence, as opposed to casual or occasional. [Rep. v. Asuncion, GR 108208. Mar. 11, 1994, citing Black's Law Dict. 1285 (6th Ed., 1990)]. Regular appointment. An appointment made by the President while Congress is in session. It takes effect only after confirmation by the Commission on Appointments. Once the same is approved, it continues until the end of the term of the appointee. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 393]. Compare with Ad interim appointment. Regular employee. An employee who has been performing the job for at least one year, even if the performance is not continuous or merely intermittent. The law deems the repeated and continuing need for its performance as sufficient evidence of the necessity if not indispensability of that activity to the business. Hence, the employment is also considered regular, but only with respect to such activity and while such activity exists. [De Leon v. NLRC, GR 70705. Aug. 21, 1989].
Regular employment. Employment where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season. [Art. 280, CC]. Compare with Casual employment. Regular farmworker. A natural person who is employed on a permanent basis by an agricultural enterprise or farm. [Sec. 3, RA 6657]. Regulate. The term includes the power to control, to govern, and to restrain; but it should not be construed as synonymous with 'suppress' or 'prohibit’. [Samson v. City Mayor of Bacolod, GR L28745. Oct. 23, 1974]. Regulated drug. This includes self-inducing sedatives, such as secobarbital, phenobarbital, pentobarbital, barbital, amobarbital and any other drug which contains a salt or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
979 a derivative of a salt of barbituric acid; any salt, isomer or salt of an isomer, of amphetamine, such as benzedrine or dexedrine, or any drug which produces a physiological action similar to amphetamine; and hypnotic drugs, such as methaqualone or any other compound producing similar physiological effects. [Sec. 2, RA 6425]. Regulatory agency. Any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board or council. [Sec. 2, Admin. Code of 1987]. Rehabilitate-operate-andtransfer. A contractual arrangement whereby an existing facility is turned over to the private sector to refurbish, operate and maintain for a franchise period, at the expiry of which the legal title to the facility is turned over to the government. The term is also used to describe the purchase of an existing facility from abroad, importing, refurbishing, erecting and consuming it within the host country. [Sec. 2, RA 7718].
Rehabilitate-own-andoperate. A contractual arrangement where-by an existing facility is turned over to the private sector to refurbish and operate with no time limitation imposed on ownership. As long as the operator is not in violation of its franchise, it can continue to operate the facility in perpetuity. [Sec. 2, RA 7718]. Rehabilitation. 1. An integrated approach to physical, social, cultural, spiritual, educational and vocational measures that create conditions for the individual to attain the highest possible level of functional ability. [Sec. 4, RA 7277]. 2. The restoration of the disabled or handicapped to the fullest physical, mental, social and economic usefulness of which he is capable with in the limitations of the disability or handicap. [Sec. 11, PD 1509]. 3. The process by which there is provided a balanced program of remedial treatment, vocational assessment and preparation designed to meet the individual needs of each handicapped employee to restore him to suitable employment, including assistance as may be within its resources to help each rehabilitee to develop his
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
980 mental, vocational or social potential. [Sec. 1, Rule 9, Rules on Employees Compensation]. 4. Corp. Law. It contemplates a continuance of corporate life and activities in an effort to restore and reinstate the corporation to its former position of successful operation and solvency. [Ruby Industrial Corp. v. CA, GR 124185-87. Jan. 20, 1998]. Rehabilitation center. 1. Health Ins. A facility, which undertakes rehabilitation of drug dependents. It includes institutions, agencies and the like which have for their purpose, the development of skills, or which provides counseling, or which seeks to inculcate, social and moral values to clientele who have a drug problem with the pain of weaning them from drugs and making them drug-free, adapted to their families and peers, and readjusted into the community as law-abiding, useful and productive citizens. [Sec. 1, RA 9241]. 2. Child and Youth Welfare Law. An institution that receives and rehabilitates youthful offenders or other disturbed children. [Art. 117, PD 603]. 3. An organized service of varied rehabilitation measures usually located in one site for the rehabilitation of
disabled individuals. [Sec. 1, Rule 9, Rules on Employees Compensation]. Rehabilitation facility. An organized service offering one or more types of service for the rehabilitation of the handicapped individual. [Sec. 1, Rule 9, Rules on Employees Compensation]. Rehabilitation medicine. At the patient level, the clinical management of the problems associated with disability, with the objective of improving to the maximum level the physical, socio-economic and physiological functioning of a disabled individual. Medical rehabilitation is an integrated part of the total medical care. Total rehabilitation is best achieved through the coordinated work of various health disciplines like medicine, psychology, social work, physical therapy, occupational therapy, speech and hearing, nursing, vocational evaluation, dietetics, and special education. [Sec. 2, RA 5680]. Rehabilitation receivership. Corp. Law. The placement of a distressed company under rehabilitation, followed by the appointment of a management which shall hold in trust all assets of a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
981 corporation under rehabilitation receivership for the equal benefit of all creditors to preclude one from obtaining an advantage or preference over another by the expediency of attachment, execution or otherwise. [Claridades, A., Compilation of Notes, 20012006]. Rehabilitee. A disabled individual undergoing rehabilitation (studentrehabilitee or trainee) or who has finished a prescribed course in rehabilitation in which he is known as a graduate-rehabilitee or trainee. [Sec. 1, Rule 9, Rules on Employees Compensation]. Rehearing. Another hearing of a civil or criminal case by the same court in which the case was originally heard. [Glossary of Legal Terms (Pro-Se), 2004]. Reincidencia. Recidivism.
See
Reincorporation. Corp. Law. The taking out of a new charter by a corporation in order to correct errors or defects in the original incorporation, or to enlarge the powers or limit the liabilities of the corporation, or to lengthen or revive the corporate life. It is an amendment of the charter,
and generally, under the statutes, there is no new corporation but the company is the same before reincorporation. [Moreno’s Law Dict., 2000 Ed., p. 398]. Reinstate. Admin. Law. To restore to a state, condition, position, etc. from which one had been removed. [GlobeMackay Cable and Radio Corp. v. NLRC, GR 82511. Mar., 1992]. Reinstatement. Admin. Law. 1. The reappointment of a person who was previously separated from the service through no delinquency or misconduct on his part from a position in the career service to which he was permanently appointed, to a position for which he is qualified. [CSC Rules on Personnel Actions and Policies, Nov. 10, 1975]. 2. Restoration to a state or condition from which one had been removed or separated. [Grolier Intl. v. Amansec, GR 83523. Aug. 31, 1989]. Reinsurance broker. One who, for compensation, not being a duly authorized agent, employee or officer of an insurer in which any reinsurance is effected, act or aids in any manner in negotiating contracts of reinsurance, or placing risks of effecting reinsurance, for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
982 any insurance company authorized to do business in the Philippines. [Sec. 310, Ins. Code]. Reinsurance contract. 1. A contract by which an insurer procures a third person to insure him against loss or liability by reason of such original insurance. [Sec. 95, IC]. 2. It is for the purpose of distributing or relieving the insurer of a risk that is deemed so large that a payment in case of loss would seriously cripple and endanger the solvency of the original insurer. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 97]. 3. The insuring of a risk or part of a risk, by the principal insurer with another insurer known as the reinsurer. In other words, it is insurance of all or part of one insurer's risk by a second insurer, who accepts the risk in exchange for a percentage of the original premium. [Tetley, Glossary of Conflict of Laws, 2004]. Compare with Coinsurance. Reinsurance treaty. It is merely an agreement between two insurance companies whereby one agrees to cede and the other to accept reinsurance business pursuant to provisions specified in the treaty. [Phil. Amer. Life Ins.
Co. v. Auditor Gen., GR L19255. Jan. 18, 1968, citing Pioneer Life Ins. Co. v. Alliance Life Ins. Co., 30 N.E. 2d 66, 72]. Reiteracion. Also Habituality. An aggravating circumstance in which the offender shall have been punished previously for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. [People v. Real, GR 93436. Mar. 24, 1995, citing Art. 14 (10), RPC]. Rejoinder. 1. The second pleading on the part of the defendant, being his answer to the plaintiff’s replication (or reply). [Black’s Law Dict., Abr. 5th Ed. (1983), p. 669]. 2. Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side. [Glossary of Legal Terms (Pro-Se), 2004]. See Rebuttal. Related theoretical instructions. Technical information based on apprenticeship standards approved by the Bureau of Apprenticeship designed to provide the apprentice theoretical competence in his trade. [Sec. 2, Rule 6, Book 3, IRR of LC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
983 Relations back doctrine. See Doctrine of relations. Relationship proximity. This is determined by the number of generations. Each generation forms a degree. [Art. 963, CC]. Relative poverty. The gap between the rich and the poor. [Sec. 3, RA 8425]. Relatives. Any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae. [Sec. 3, RA 6713]. Relative simulation of a contract. It takes place when the parties conceal their true agreement. [Art. 1345, CC]. A relative simulation, when it does not prejudice a third person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. [Art. 1346, CC]. Relativity of contracts. 1. The principle of Civil Law that a contract can only bind the parties who had entered into it or their successors who have assumed their personality or their judicial position, and that, as a consequence, such contract
can neither favor nor prejudice a third person. 2. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. [Art. 1311, CC]. Relator. An informer; a person who has supplied the facts required for a criminal prosecution or a civil suit. [Duhaime's Legal Dict., 2004]. Relevant evidence. Evidence which has a relation to the fact in issue as to induce belief in its existence or non-existence. [Claridades, A., Compilation of Notes, 2001-2006]. Relics. Cultural properties which, either as a whole or in fragments, are left behind after the destruction or decay of the rest of its parts and which are intimately associated with important beliefs, practices, customs and traditions, periods and personages. [Sec. 3, RA 4846]. Relief. 1. Rem. Law. The redress sought or prayed for by the plaintiff. [Bachrach v. Icaringal, 68 Phil. 287]. Compare with Remedy. 2.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
984 Admin. Law. The whole or part of any grant of money, assistance, license, authority, privilege, exemption, exception, or remedy; recognition of any claim, right, immunity, privilege, exemption or exception; or taking of any action upon the application or petition of any person. [Sec. 2, Chap. 1, Book VII, EO 292]. Relief from judgment, petition for. See Petition for relief from judgment. Religion. 1. Any specific system of belief, worship, conduct, etc., often involving a code of ethics and a philosophy. [Cruz, Constl. Law, 1998 Ed., p. 171, citing Webster’s New World Dict., p. 1228]. 2. A profession of faith to an active power that binds and elevates man to his Creator. [Aglipay v. Ruiz, 64 Phil. 201]. Religious profession and worship, right to. It has a two-fold aspect, viz: freedom to believe and freedom to act on one's beliefs. The first is absolute as long as the belief is confined within the realm of thought. The second is subject to regulation where the belief is translated into external acts that affect the public welfare. [Cruz, Constl. Law, 1998 Ed., p. 181, citing
Cantwell v. Connecticut, 54 LW 4298 (1986)]. Remaining economic life. The period of time (years) from the date of appraisal to the date when the machinery becomes valueless. [Sec. 3, PD 464]. Remaining value. The value corresponding to the remaining useful life of the machinery. [Sec. 3, PD 464]. Remains. The body of a dead person. [Sec. 89, PD 856]. Remand. 1. To send a dispute back to the court where it was originally heard. Usually, it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling. [Glossary of Legal Terms (Pro-Se), 2004]. 2. To send back. The sending by the appellate court of the cause back to the same court out of which it came, for purpose of having some further action taken on it there. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 672]. Remedial or adjective law. That branch of law which prescribes the method of enforcing rights or obtains redress for their invasion. [Bustos v. Lucero, GR L2068. Oct. 20, 1948]. Compare with Substantive law.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
985 Remedial statute. 1. A statute that does not create new rights or take away rights that are already vested. It only operates in furtherance of a remedy or confirmation of rights already in existence. It does not come within the legal purview of a prospective law. As such, it can be applied retroactively independent of the general rule against the retrospective application of statutes. [Casabar v. Sino Cruz, GR L-6882, Dec. 29, 1954]. 2. Being procedural in nature, it shall apply to all actions pending at the time of its enactment except only with respect to those cases which had already attained the character of a final and executory judgment. [People v. Sumilang, 77 Phil 764 (1946); Mun. Govt. of Coron, Palawan v. Cariño, 154 SCRA 216 (1987)]. See Curative statutes. Remedy. 1. Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. [Black’s Law Dict., Abr. 5th
Ed. (1983), p. 672]. Compare with Relief. Remission. Condonation.
See
Remission. Requisites. For remission to result in the total or partial extinguishment of the obligation, the following requisites must concur: (a) It must be gratuitous; (b) it must be accepted by the obligor; and (c) the obligation must be demandable. [Moreno’s Law Dict., 2000 Ed., p. 400]. Remittance. The amount of the foreign exchange earnings remitted by a contract worker or seaman to any beneficiary in the Philippines through the Philippine banking system. [Sec. 1, Rule 1, IRR of LC]. Remitted. Forwarded, sent, or transmitted. [Bank of America NT & SA v. CA, GR 103092. July 21, 1994]. Remittitur. The remand of the record to the lower court. [Sebastian Enterprises v. CA, GR L-41862. Feb. 7, 1992]. Remodeling. The introduction of some changes in the shape or form of the body of the motor vehicle. [Sec. 2, RA 6539].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
986 Removal. The term imports the separation of the incumbent before the expiration of his term (which) is allowed by the Constitution only when it is for cause as provided by law. [Achacoso v. Macaraig, GR 93023. Mar.13, 1991]. Removal, sale or pledge of mortgaged property. Crim. Law. The felony committed by any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns, or by any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located. [Art. 319, RPC]. Remuneratory contract. A con-tract the cause of which is the service or benefit to
be remunerated. [Art. 1350, CC]. Remuneratory donation. One where the donee gives something to reward past or future services or because of future charges or burdens, when the value of said services, burdens or charges is less than the value of the donation. [De Luna v. Abrigo, GR 57455. Jan. 18, 1990]. Compare with Simple donation or Onerous donation. Rendition of judgment. The filing of the signed decision with the clerk of court, and not the pronouncement of the judgment in open court. Before such filing, the decision may still be subject to amendment and change and may not yet be considered effective and binding. [Ago v. CA, GR L17898. Oct. 31, 1962]. Compare with Promulgation. Renew. To make new again; to restore to freshness; to make new spiritually; to regenerate; to begin again; to recommence; to resume; to restore to existence; to revive; to re-establish; to recreate; to replace; to grant or obtain an extension of. [Alhambra Cigar v. SEC, GR L-23606. July 29, 1968, citing Webster's New Intl. Dict.].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
987 Renewable energy resources. Energy resources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis and the renewable rate is rapid enough to consider availability over an indefinite time. These include, among others, biomass, solar, wind, hydro and ocean energy. [Sec. 4, RA 9136]. Renovation. Any physical change made on a building or structure to increase its value, utility and/or to improve its aesthetic quality. [Moreno’s Law Dict., 2000 Ed., p. 401]. Rent. The consideration paid by a tenant to a landlord in exchange for the exclusive use and enjoyment of land, a building or a part of a building. Under normal circumstances, the rent is paid in money and at regular intervals, such as the first of every month. The word has also come to be used as a verb as in to rent an apartment, although the proper legal term would be to lease an apartment. [Duhaime's Legal Dict., 2004]. Rental. 1. The amount paid for the use or occupancy of a residential unit whether payment is made on a
monthly or other basis. [Sec. 2, BP 877; Sec.4, RA 9161]. 2. The amount paid for the use of dwelling units or land on which another's dwelling is located whether payment is made on a fifteen-day, monthly or other basis. [Sec. 2, RA 6359; Sec. 2, RA 6126]. Rent Control Law. BP 877 entitled “An Act providing for the stabilization and regulation of, rentals of certain residential units for other purposes” enacted on June 12, 1985. Renunciation. Nego. Inst. The act of surrendering a right or claim without recompense, but it can be applied with equal propriety to the relinquishing of a demand upon an agreement supported by a consideration. [Claridades, A., Compilation of Notes, 2001-2006]. Renvoi doctrine. Reference back. 1. The doctrine holding that court of the forum, in determining the question before it, must take into account the whole law of the other jurisdiction, but also its rules as to conflict of laws, and then apply the law to the actual question which the rules of the other jurisdiction prescribe. This may be the law of the forum. [In re: Aznar v. Christensen,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
988 GR L-16749. Jan. 31, 1963, citing 2 Am. Jur. 296]. 2. The application of the conflict rules of one state by the court or tribunal of another state, in order to solve a conflict of laws problem. [Tetley, Glossary of Conflict of Laws, 2004]. Reorganization. 1. Admin. Law. A recognized valid ground for separation of civil service employees, subject only to the condition that it be done in good faith. [Domingo v. DBP, 207 SCRA 766]. 2. Corp Law. (a) A reorganization under the supervision of a court of competent jurisdiction; (b) a merger or consolidation; (c) a sale of seventy-five per centum or more in value of the assets of a company; (d) a restatement of the capital of a company, or an exchange of securities issued by a company for any of its own outstanding securities; (e) a voluntary dissolution or liquidation of a company; (f) a recapitalization or other procedure or transaction which has for its purpose the alteration, modification, or elimination of any of the rights, preferences, or privileges of any class of securities issued by a company, as provided in its charter or other instrument creating or defining such rights, preferences, and
privileges; (g) an exchange of securities issued by another company or companies, preliminary to and for the purpose of effecting or consummating any of the foregoing; or (h) any exchange of securities by a company which is not an investment company for securities issued by a registered investment company. [Sec. 3, RA 2629]. Reorganization in good faith. A reorganization designed to trim the fat off the bureaucracy and institute economy and greater efficiency in its operation. It is not a mere tool of the spoils system to change the face of the bureaucracy and destroy the livelihood of hordes of career employees in the civil service so that the newpowers-that-be may put their own people in control of the machinery of government. [Blaquera v. CSC, GR 103121. Sep. 10, 1993]. Repacker of wines or distilled spirits. All persons who remove wine or distilled spirits from the original container for repacking and selling the same at wholesale. [Sec. 1, PD 426]. Repainting. Changing the color of a motor vehicle by means of painting. There is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
989 repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation (Office). [Sec. 2, RA 6539].
foreign investors will be able to take out of the state both the investment capital they brought in and the profits they earned. [Intl. Law Dict. & Direct., 2000].
Repair. The term presupposes decay, dilapidation, injury, or partial destruction of the repaired element; that is, bringing back broken or damaged parts of a structural whole to their original condition [Chao v. Aguilar, 103 Phil., 219; 54 Off. Gaz. (30) 7225].
Repealing clause. That part of the statute which announces the legislative intent to terminate or revoke another statute or statutes. [Suarez, Stat. Con., (1993), p. 50].
Repair and service firm. Any business establishment, engaged directly or indirectly, in the repair, service or maintenance of any consumer product. [Art. 4, RA 7394]. Reparation. Payment or otherwise making amends for an injury or damages that have been committed on or to another. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 674]. Repatriation. Regaining nationality after expatriation. The return to one’s own country of investments held by foreigners. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 675]. Repatriation guarantee. Intl. Law. The assurance of a host state government that
Repeat order. A form of negotiated purchase whereby a local government unit buys from the same supplier, the same items at the same terms and conditions as the original purchase within three (3) months therefrom. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Replacement check. A check drawn as payment of an obligation which was not satisfied or covered by the first check earlier issued and which was dishonored by the drawee bank. [Moreno’s Law Dict., 2000 Ed., p. 401]. Replacement or reproduction cost. The cost that would be incurred on the basis of current prices, in acquiring an equally desirable substitute property, or the cost of reproducing a new replica property on the basis of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
990 current prices with the same or closely similar material. [Sec. 3, PD 464]. See Appraisal value. Replevin. Also Delivery of personal property. 1. An action for the recovery of a possession that has been wrongfully taken. [Jurist’s Legal Dict., 2004]. 2. A provisional remedy in the form of an order issued by a judge before whom an action praying for the recovery of possession of personal property is pending, for the delivery of such property to the movant upon the filing by the latter of a bond to guarantee its return or to answer for damages. 3. Broadly understood, it is both a form of principal remedy and of a provisional relief. It may refer either to the action itself, i.e., to regain the possession of personal chattels being wrongfully detained from the plaintiff by another, or to the provisional remedy that would allow the plaintiff to retain the thing during the pendency of the action and hold it pendente lite. [Tillson v. CA, 197 SCRA 587, 598; Bouvier's Dict. 3rd (Rawle's) Rev., Vol. 2; Black's Law Dict., 6th Ed., p. 1299]. Replevy. To re-deliver goods which have been distrained to the original possessor of them, on his giving pledges
in an action of replevin. [Tillson v. CA, GR 89870. May 28, 1991, citing rd Bouvier's Dict. 3 (Rawle's) Rev., Vol. 2]. Replication. The process of manufacturing optical media by reproducing or generating copies of the stamper in an injection molding machine or other forms of replicating equipment. [Sec. 3, RA 9239]. Reply. Rem. Law. 1. A pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, all the new matters alleged in the answer are deemed controverted. [Sec. 11, Rule 6, RoC]. 2. The response by a party to charges raised in a pleading by the other party. [Glossary of Legal Terms (Pro-Se), 2004]. Representation officer. 1. A person duly authorized to conduct and supervise certification elections. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A person duly authorized to conduct and supervise certification elections in accordance with Rule VI of the Implementing Rules of the Labor Code. [Algire v. De
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
991 Mesa, GR 97622. Oct. 19, 1994]. Representation right. Succ. 1. A right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. [Art. 970, CC]. 2. The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. [Art. 972, CC]. Representations. Ins. Statements made to give information to the insurer and other wise induce him to enter into the insurance contract. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 46, citing Vance, p. 386]. Representative. A person who represents or stands in the place of another; one who represents others or another in a special capacity, as an agent, and is interchangeable with “agent." [Fortune Ins. v. CA, GR 115278. May 23, 1995, Black's Law Dict., 5th Ed., 1170].
Representative party. Someone acting in a fiduciary capacity. He may be a trustee, guardian, executor or administrator, or a party authorized by law or the Rules of Court. An agent acting in his own name and for the benefit of an undisclosed principal who may sue or be sued without joining the principal except when the contract involves things belonging to the principal. [Sec. 3, Rule 3, RoC]. Representative suit. The term is akin to a class suit in the limited sense that the phrases found in Sec. 12 of Rule 3 (of the Rules of Court), "one or more may sue or defend for the benefit of all," and "the parties actually before it are sufficiently numerous and representative," are similar to the phrase "may sue or be sued without joining the party for whose benefit the action is presented or defended" found in Sec. 3 of the same Rule. In other words, both suits are always filed in behalf of another or others. That is why the two terms are sometimes used interchangeably. [Liana's Supermarket v. NLRC, GR 111014. May 31, 1996]. Reprieve. The temporary suspension of the execution
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
992 of a sentence, especially of a sentence of death. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. Reprimand. A public and formal censure or severe reproof, administered to a person in fault by his superior officer or a body to which he belongs. [Tobias v. Veloso, GR L-40224. Sep. 23, 1980, citing Black's Law Dict.]. Reprisal. Intl. Law. 1. Unlawful acts taken by one state in retaliation for the also unlawful acts of another state, the purpose being to bring the offending state to terms. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126]. 2. The act of punishing another for some injury the latter caused. An act of selfhelp by the injured state, responding after an unsatisfied demand - to an act contrary to international law committed by the offending state. Its object is to effect reparation from the offending state for the offense or a return to legality by the avoidance of further offenses. The UN General Assembly in its 1970 Declaration on Principles of International Law declared that "States have a duty to refrain from acts of reprisal involving the use of force." Resolution 2625 (XXV). [Intl. Law Dict. & Direct., 2000].
Reprobate. A special proceeding to establish the validity of a will proved in a foreign country. [Bench Book for Trial Court Judges, p. 31]. Reproduction cost. Replacement cost.
See
Republic Acts. Statutes approved by the Philippine Congress from 1942 to 1972 (and from 1987 to present). [Suarez, Stat. Con., (1993), p. 42]. Republicae ut sin finis litium. Lat. It is to the interest of the state that there should be an end to litigation. [Allied Banking Corp. v. CA, GR 108089. Jan. 10, 1994]. Republican form of government. Pol. Law. A form of government in which all powers are vested in the executive, legislative and judiciary. [City of Manila v. Posadas, GR 23551. Nov. 25, 1925]. Republican government. Pol. Law. A government which is run by the people through their chosen representatives who, in turn, are accountable to the sovereign will of the people. They derive their mandate from the people who elect them for a period or term
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
993 that is fixed by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 56-57]. Republication of wills. Succ. An act of the testator whereby he reproduces in a subsequent will the dispositions contained in a previous will which is void as to its form or executes a codicil to his will. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 131]. See Revival of wills. Repudiation. Succ. 1. An act by virtue of which an heir, legatee or devisee manifests his desire in accordance with the formalities prescribed by law not to succeed to the inheritance, legacy, or devise. 2. A renunciation of the inheritance made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. [Art. 1051, CC]. Compare with Acceptance. Repurchase. The term is synonymous with the term “redeem” in pacto-de-retro sales. [Claridades, A., Compilation of Notes, 20012006]. Reputation. 1. The consideration or estimation in which a person is held especially by the community or the public generally. [PCIB
v. IAC, GR 73610. Apr. 19, 1991, citing Hopkins v. Tate, 255 Pa. 56, 90 A-210]. 2. It is what people think an individual is and what they say about him. [PCIB v. IAC, GR 73610. Apr. 19, 1991, citing Black's Law Dict., De Luxe 4th Ed., p. 1468]. Request for admission. Also, Request to Admit. 1. A written request which a party, at any time after issues have been joined, may serve upon any other party for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. Copies of the documents shall be delivered with the request unless copies have already been furnished. [Sec. 1, Rule 26, RoC]. 2. Written statements of facts concerning a case which are submitted to an adverse party and which that party must admit or deny; a discovery device. [Glossary of Legal Terms (Pro-Se), 2004]. Request for subpoena or production of documents. 1. A formal request made by a party who desires the production of documents for the issuance of the necessary subpoena duces
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
994 tecum at least three (3) days before the scheduled hearing. [Sec. 7, AO 23 dated Dec. 17, 1992]. 2. A direction or command served upon another party for production of specified documents for review with respect to a suit; a discovery device. [Glossary of Legal Terms (Pro-Se), 2004]. Request to admit. See Request for Admission. Requisition and issue voucher (RIV). A voucher used in the requisition of supplies or property carried in stock. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Res. Lat. A thing. The vessel or cargo to which a maritime lien attaches. [Intl. Law Dict. & Direct., 2000]. Res adjudicata. A common but indefensible misspelling of res judicata. The latter term designates a point or question or subject matter which was in controversy or dispute and has been authoritatively and finally settled by the decision of a court; that issuable fact once legally determined is conclusive as between the parties in same action or proceeding. Res adjudicata (if there be such a term) could only mean an article or subject of property 'awarded
to' a given person by the judgment of a court, which might perhaps be the case in replevin and similar actions. [Black's Law Dict., 4th Ed., p. 1469]. Res adjudicata. Essential requisites: (a) There must be a final judgment or order; (b) said judgment or order must be on the merits; (c) the court rendering the same must have jurisdiction over the subject matter and the parties; and (d) there must be between the two cases identity of parties, identity of subject matter and identity of cause of action. [Mla. Golf & Country Club, Inc., GR 64948. Sep. 27, 1994]. Rescind. 1. To declare a contract void in its inception and to put an end to it as though it never were. [Ocampo v. CA, GR 97442. June 30, 1994, citing Black's Law Dict., 4th Ed., p. 1471]. 2. To abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract. [Duhaime's Legal Dict., 2004]. Rescissible contract. A contract validly agreed upon because all the essential requisites are present, but by reason of injury or damage to one of the parties or even to a third person,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
995 the contract may be rescinded. [Diaz, Bus. Law Rev., 1991 Ed., p. 83]. Rescissible contracts. Contracts which, under Art. 1381 of the Civil Code, are rescissible, viz: (a) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one fourth of the value of the things which are the object thereof; (b) those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; (c) those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; (d) those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority; (e) all other contracts specially declared by law to be subject to rescission. [Art. 1381, CC]. Rescission. 1. A subsidiary action which cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same and shall be only to the extent necessary to cover the damages caused.
It creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. [Art. 1383, 1384 & 1385, CC]. 2. A relief which the law grants on the premise that the contract is valid for the protection of one of the contracting parties and third persons from all injury and damage that contract may cause, or to protect some incompatible and preferential right created by the contract. [Aquino v. Tañedo, 39 Phil. 517]. 3. The unmaking or undoing of a contract; repeal. [Jurist’s Legal Dict., 2004]. Rescission. Requisites: (a) There must be a case established by law, meaning the contract is rescissible by law; (b) there is no other legal remedy; (c) the party asking for rescission must be in a position to return what he has received under the contract; and (d) the object of the contract must not be in the possession of a third person who acted in good faith. [Diaz, Bus. Law Rev., 1991 Ed., p. 84]. Rescission in fraud of creditors. In order that a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
996 contract may be rescinded as in fraud of creditors, it is essential that it be shown that: (a) both contracting parties have acted maliciously and with fraud; (b) the purpose therefor is to prejudice said creditors; (c) the creditors are deprived by the transaction of all means by which they may effect collection of their claims. [Bobis v. Provl. Sheriff of Camarines Norte, GR L29838. Mar. 18, 1983]. Rescissory action. Acción pauliana.
See
Research. A careful hunting for facts or truth about a subject; inquiry; investigation. [Glossary of Legal Terms (Pro-Se), 2004]. Reservation. 1. A withdrawal of a specified portion of the public domain from disposal under the land laws and the appropriation thereof, for the time being, to some particular use or purpose of the general government. [Moreno’s Law Dict., 2000 Ed., p. 410]. 2. Segregation from the mass of the public domain for a specific public purpose. [Claridades, A., Compilation of Notes, 20012006]. Reservatorios. The fourth person or persons involved in reserva troncal who are relatives of the descendant-
propositus for whose benefit the reservation is established. Such relatives must be legitimate relatives of the descendant-propositus within the third degree; they must belong to the line from which the reservable property came; and, they must survive the ascendantreservista. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 262]. Reserva troncal. The obligation to reserve the property by the ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. [Art. 891, CC]. Reserva troncal. Persons involved: (a) The ascendant or brother or sister from whom the property was received by the descendant by lucrative or gratuitous title; (b) the descendant or prepositus (propositus) who received the property; and (c) the reservor (reservista), the other ascendant who obtained the property from the prepositus by operation
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
997 of law and (d) the reservee (reservatarin) who is within the third degree from the propositus and who belongs to the line (linea o tronco) from which the property came and for whom the property should be reserved by the reservor. [Solivio v. Ca, GR 83484. Feb. 12, 1990, citing Padilla, Civil Law, Vol. II, 1956 Ed., p. 692]. Reserva troncal. Requisites: (a) A descendant inherited or acquired by gratuitous title property from an ascendant or from a brother or sister; (b) the same property is inherited by another ascendant or is acquired by him by operation of law from the said descendant, and (c) the said ascendant should reserve the said property for the benefit of relatives who are within the third degree from the deceased descendant (propositus) who belong to the tine from which the property came. [Claridades, A., Compilation of Notes, 2001-2006]. Reserved land. A public land that has been withheld or kept back from sale or disposition. [National Devt. Co. v. Cebu City, GR 51593. Nov. 5, 1992 citing Black's Law Dict., 4th Ed., p. 1473]. Reserve Officers' Training Corps (ROTC). A program
institutionalized under Sec. 38 and 39 of RA 7077 designed to provide military training to tertiary level students in order to motivate, train, organize and mobilize them for national defense preparedness. [Sec. 3, RA 9163]. Reservista. The third person involved in reserva troncal who is obliged to reserve the property for the benefit of relatives of the descendant propositus who are within the third degree and who belong to the line from which said property came. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 260]. Also known as Ascendant-reservista. Resettlement areas. Areas identified by the appropriate national agency or by the local government unit with respect to areas within its jurisdiction, which shall be used for the relocation of the underprivileged and homeless citizens. [Sec. 3, RA 7279]. Res gestae. Lat. Things done. Those exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or immediately after the commission of the crime, when the circumstances are such that the statements
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
998 were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement. [People v. Sanchez, GR 74740. Aug. 28, 1992]. Res gestae. Elements: (a) There must be a startling occurrence (enough to produce nervous excitement and to keep the will dormant so far as any deliberation in concocting matters for speech or selecting words is concerned); (b) the statement must relate to the circumstances of the startling occurrence; and (c) the statement must be made before the declarant had time to contrive or devise. [Sec. 42, Rule 130, RoC]. Residence. 1. The place where he (defendant) is habitually present, and from which when he departs, he intends to return. Equivalent to the term permanent abode and to the word home in the sense of a house to which one, whenever absent, intends to return. [Arevalo v. Quilatan, GR L-57892. Sep. 21, 1982, citing Vol. I, pp. 791-800, Francisco on the Rules of Court, 2nd Ed.]. 2. A place of abode, whether permanent or temporary; domicile denotes a fixed
permanent residence to which when absent, one has the intention of returning. [Larena v. Ferrer, 61 Phil. 36 and Nuval v. Guray 52 Phil. 645]. See Domicile. Residence of a corporation. The place where a corporation exercises corporate functions; that it is considered as dwelling in the place where its business is done; as being located where its franchises are exercised; and as being present where it is engaged in the prosecution of the corporate enterprise; that a foreign corporation licensed to do business in a state is a resident of any country where it maintains an office or agent for transaction of its usual and customary business for venue purposes; and that the necessary element in its signification is locality of existence. [Northwest Orient Airlines, Inc. v. CA, GR 112573. Feb. 9, 1995, citing Words and Phrases, Permanent Ed., Vol. 37, pp. 394, 412, 403]. Resident. One living in or occupying residential land or one intended to be his home or residence. Under the Urban Land Reform Act (PD 1517), one who utilizes a place as his home. [Moreno’s Law Dict., 2000 Ed., p. 410].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
999 Resident agent. An insurance agent duly appointed by a foreign insurer or broker not authorized to do business in the Philippines to receive in its behalf notices, summons and legal processes in connection with actions or other legal proceedings against such foreign insurer or broker. [Sec. 314, IC]. Resident alien. An individual whose resident is within the Philippines and who is not a citizen thereof. [Sec. 22, NIRC, as amended]. Resident foreign. A foreign corporation not otherwise organized under the laws of the Philippines but engaged in trade or business within the Philippines. [Sec. 131, RA 7160]. Resident foreign corporation. A foreign corporation engaged in trade or business within the Philippines. [Sec. 22, NIRC, as amended]. Residential land. Land principally devoted to habitation. [Sec. 3, PD 464]. Residential unit. An apartment, house and/or land on which another's dwelling is located used for residential purposes and shall include not only buildings, parts or units
thereof used solely as dwelling places, except motels, motel rooms, hotels, hotel rooms, boarding houses, dormitories, rooms and bedspaces offered for rent by their owners, but also those used for home industries, retail stores or other business purposes if the owner thereof and his family actually live therein and use it principally for dwelling purposes. [Sec. 2, BP 877]. Residents. Natural persons who have their habitual residence in the province, city, or municipality where they exercise their civil rights and fulfill their civil obligations, and to juridical persons for which the law or any other provisions creating or recognizing them fixes their residence in a particular province, city, or municipality. In the absence of such law, juridical persons are residents of the province, city, or municipality where they have their legal residence or principal place of business or where they conduct their principal business or occupation. [Sec. 131, RA 7160]. Residual power of the President. Pol. Law. The power of the President to protect the general welfare of the people. It is founded
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1000 on the duty of the President, as steward of the people. It is not only the power of the President but also his duty to do anything not forbidden by the Constitution or the laws that the needs of the nation demand. It is a power borne by the President's duty to preserve and defend the Constitution. It also may be viewed as a power implicit in the President's duty to take care that the laws are faithfully executed. [Marcos v. Manglapus, GR 88211. Sep. 15, 1989]. Residuary estate. That which remains after debts and expenses of the administration, legacies and devisees have been satisfied. [Moreno’s Law Dict., 2000 Ed., p. 411]. Residue. The surplus of a testator’s estate remaining after all debts and particular legacies have been discharged. [Moreno’s Law Dict., 2000 Ed., p. 411]. Resignation. Labor. 1. A formal pronouncement or relinquishment of an office. It must be made with the intention of relinquishing the office accompanied by an act of relinquishment. [Magtoto v. NLRC, 140 SCRA 58, 71 (1985)]. 2. The voluntary act of an employee who finds himself in a situation where he
believes that personnel reasons cannot be sacrificed in favor of the exigency of the service, then he has no other choice but to disassociate himself from his employment. [Intertrod Maritime v. NLRC 198 SCRA 318, (1991) citing Dosch v. NLRC 123 SCRA 296 (1983)]. 3. An expression by the incumbent in some form, express or implied of the intention to surrender, renounce, or relinquish, the office, and an acceptance by competent and lawful authority. [Gonzales v. Hernandez, GR L-15482. May 30, 1961, citing Nome v. Rice, 3 Alaska 602]. Res inter alios acta aliis non nocet. Lat. The act and declaration of one cannot and should not harm others. [Moreno’s Law Dict., 2000 Ed., p. 405]. Res inter alios acta alteri nocere non debet. Lat. Things done between strangers ought not to injure those who are not parties to them. [People v. Tena, GR 100909. Oct. 21, 1992, citing Black's Law Dict., 5th Ed., 1979, p. 1178]. Res inter alios acta nobis nec nocet, nec prodest. Lat. A transaction between two parties ought not to operate to the prejudice of a third person. [Tinitigan v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1001 Tinitigan, GR L-45418. Oct. 30, 1980]. Res inter alios acta nocere non debet. Lat. Things done between strangers ought not to injure those who are not parties to them. [Napocor v. NLRC, GR 90933-61. May 29, 1997, citing Black's Law Dict. 1178, 5th Ed., 1979]. Res inter alios judicatae nullum aliis praejudicium faciunt. Lat. Matters adjudged in a cause do not prejudice those who were not parties to it. [Tan v. Barrios GR 85481-82. Oct. 18, 1990, citing 54 CJ 719]. Res ipsa loquitur. Lat. The thing speaks for itself. Doctrine of Torts and Damages. 1. Where the thing which caused the injury complained of is shown to be under the management defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have its management or control use proper care, it affords reasonable evidence, in absence of explanation by defendant, that the accident arose from want of care. [Africa v. Caltex, GR L12986. Mar. 31, 1966, citing 45 C. J. 768, p. 1193]. 2. Rebuttable presumption or inference that defendant
was negligent, which arises upon proof that [the] instrumentality causing injury was in defendant's exclusive control, and that the accident was one which ordinary does not happen in absence of negligence. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 678]. Res ipsa loquitur. Requisites: A rule of evidence whereby negligence of the alleged wrongdoing may be inferred from the mere fact that the accident happened, provided that: (a) the occurrence is the kind of thing that does not ordinarily happen without negligence; (b) the occurrence must have been caused by an agency or instrumentality within the exclusive control of the defendant; (c) the occurrence was not due to contribution or voluntary action by the plaintiff; it is used to state the fact that the situation itself implies negligence or a duty to compensate whether negligence is in fact proved or not; it is a rebuttable presumption that defendant was negligent, which arises upon proof that the instrumentality causing injury was in defendant's exclusive control, and that the accident was one which ordinarily does not happen in absence of negligence.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1002 [Rodriguez v. CA, 121964. June 17, 1997].
GR
Resistance and disobedience to a person in authority or the agents of such person. Crim. Law. The felony committed by any person who not being included in the provisions of Art. 148, 149 and 150 of the Rev. Penal Code shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. [Art. 151, RPC]. Res judicata. Lat. A matter adjudged (or settled by judgment). 1. The rule that a final judgment or decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on points and matters determined in the former suit. [Gutierrez v. CA, GR 82475. Jan. 28, 1991, citing Black's Law Dict., p. 1470 (Rev. 4th Ed., 1968)]. 2. A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter. [Jurist’s Legal Dict., 2004]. 3. It is governed by Rule 39,
Sec. 47(b) of the Rules of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. Also Preclusion of claims. Res judicata. Elements: (a) The former judgment must be final; (b) the court which rendered it had jurisdiction over the subject matter and the parties; (c) it must be a judgment on the merits; and, (d) there must be between the first and the second actions identity of parties, subject matter and causes of action. [Mangoma v. CA, GR 99375. Feb. 1, 1995]. Res nullius. Lat. Things which have no owners or which have been intentionally abandoned by their owners. [Claridades, A., Compilation of Notes, 20012006]. Resolution. Admin. Law. 1. An act of a special or temporary character, not prescribing a permanent rule of government, but is merely declaratory of the will or opinion of a municipal corporation in a given matter, and in the nature of a ministerial or administrative act, and is not a law. [Mascuñana v. Prov. Board of Negros Occ., GR L27013. Oct. 18, 1977, citing 62 CJS 786-7]. 2. The formal adoption of a motion. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1003 Resolution. Legal Med. A sense of well-being and general muscular relaxation which follows orgasm. During resolution, men are unable to have another erection for some time. The time between erections (refractory period) generally increases as men age while, in contrast, many women are able to respond to additional stimulation almost immediately after orgasm. [Olarte, Legal Med., 1st Ed. (2004), p. 112]. Resolution. Local Govt. 1. A declaration of the sentiment or opinion of a lawmaking body on a specific matter. [Mascuñana v. Provl. Board of Negros Occ., 79 SCRA 399, 405, Oct. 18, 1977]. 2. It is temporary in nature. A third reading is not necessary for a resolution, unless decided otherwise by a majority of all the Sanggunian members. [Mun. of Parañaque v. VM Realty Corp., GR 127820. July 20, 1998]. Compare with Ordinance. Resoluto jure dantis resolvitur jus accipientis. Lat. The right of the grantor being extinguished, the right granted is extinguished. [Saul v. Hawkins, GR 66. May 1, 1902].
Resolutory condition or condition subsequent. One the happening of which will extinguish the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Compare with Suspensive condition. Resolutory period (in diem). The obligation takes effect at once but terminates upon the arrival of the period. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Resource accounting. A process of tracking changes in the environment and natural resources biophysically and economically (in monetary terms). [Sec. 4, RA 8435]. Resource-based. The utilization of natural resources. [Sec. 4, RA 8435]. Resource rent. The difference between the value of the products produced from harvesting a publicly owned resource less the cost of producing it, where cost includes the normal return to capital and normal return to labor. [Sec. 4, RA 8550]. Resources. The actual assets of any agency of the Government such as cash, instruments representing or convertible to money, receivables, lands, buildings, as well as contingent assets,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1004 such as estimated revenues applying to the current fiscal period not accrued or collected, and bonds authorized and unissued. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Resources reserve. An extensive and relatively isolated and uninhabited are normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning. [Sec. 4, RA 7586]. Res perit domino suo. Lat. The owner bears the risk of loss. [Claridades, A., Compilation of Notes, 20012006]. Respondeat superior. Lat. Let the master answer. 1. The doctrine of respondeat superior has been generally limited in its application to principal and agent or to master and servant (i.e., employer and employee) relationship. No such relationship exists between superior officers of the military and their subordinates. [Aberca v. Ver, GR L-69866. Apr. 15, 1988]. 2. A legal principle which
transfers liability to the employer for the negligent acts of his employee. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 3. The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties. [Jurist’s Legal Dict., 2004]. Respondent. 1. The person against whom an appeal is taken. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The party that responds to a claim filed in court against them by a plaintiff. The more common term is defendant. The word is also used to refer to the party who wins at the first court level but who must then respond to an appeal launched by the party that lost the case at the first court level (upon appeal, this latter person is called the appellant). See Petitioner. Respondentia loan. A loan made on the goods laden on board the ship, and which are to be sold or exchanged in the course of voyage, the borrowers personal responsibility being deemed the principal security for the performance of the contract. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 104, citing Bouvier’s Law Dict.].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1005 Responsible cause. The approximate cause. [Ang v. Riz-Man Transit, Inc., 62 OG 420]. Responsible officer. An officer spoken of under the 1973 Constitution to whom the authority to issue arrest and search warrants may be delegated by legislation, who must possess not only skill and competence but more significantly, neutrality and independence comparable to the impartiality presumed of a judicial officer. [Presl. AntiDollar Salting Task Force v. CA, GR 83578. Mar. 16, 1989]. Rest. A party is said to rest or rest its case when it has presented all the evidence it intends to offer. [Glossary of Legal Terms (Pro-Se), 2004]. Restatement. A publication which tells what the law is in a particular field, as compiled from statutes and decisions. [Glossary of Legal Terms (Pro-Se), 2004]. Restaurant. Any place which provides food to the public and accept orders from them at a price. This term includes caterers. [Sec. 1, PD 426]. Restitutio in integrum. 1. Lat. Restoration in full. The principle requiring that the
successful plaintiff be fully compensated by the final judgment of the court for all the losses and damages which the breach of contract or the commission of the tort or delict caused him. It requires that the victim of the breach of contract or the tort/delict be placed in the same position he was in before the harmful event occurred. [Tetley, Glossary of Conflict of Laws, 2004]. 2. Lat. Restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead. [Duhaime's Legal Dict., 2004]. Restitution. Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss. [Glossary of Legal Terms (Pro-Se), 2004]. Restrict. To confine, limit or stop. [Phil. Assoc. of Service Exporters, Inc. v. Torres, GR 101279. Aug. 6, 1992].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1006 Restrictions. Conditions set forth in the usage of property. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Restrictive indorsement. Nego. Inst. 1. An indorsement which either (a) prohibits the further negotiation of the instrument; or (b) constitutes the indorsee the agent of the indorser; or (c) vests the title in the indorsee in trust for or to the use of some other persons. [Sec. 36, NIL]. 2. An indorsement which restricts the rights of subsequent holders. [Intl. Law Dict. & Direct., 2004]. Restrictive sovereign immunity. Intl. Law. Rule that a foreign state is not immune when the cause of action for a suit is based on conduct unrelated to the state's governmental activities. [Intl. Law Dict. & Direct., 2004]. Restructuring of electric power industry. The process of reorganizing the electric power industry in order to introduce higher efficiency, greater innovation and end-user choice. It shall be understood as covering a range of alternatives enhancing exposure of the industry to competitive
market forces. [Sec. 4, RA 9136]. Resulting trust. 1. A trust which is raised or created by the act or construction of law, but in its more restricted sense it is a trust raised by implication of law and presumed always to have been contemplated of the parties, the intention as to which is to he found in the nature of their transaction, but not expressed in the deed or instrument of conveyance. [Ramos v. Ramos, GR L-19872. Dec. 3, 1974, citing 89 CJS 725]. Examples of resulting trusts are found in Art. 1448 to 1455 of the Civil Code. 2. A trust that is presumed by the court from certain situations and from which the court presumes an intention to create a trust; the law assumes that the property is not held by the right person and that the possessor is only holding the property in trust for the rightful owner. [Duhaime's Legal Dict., 2004]. Also Implied trust. Result of the election. The net result of the election in the rest of the precincts in a given constituency, such that if the margin of a leading candidate over that of his closest rival in the latter precincts is less than the total number of votes in the precinct where there was
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1007 failure of election, then such failure would certainly affect the result of the election; hence, a special election must be held. [Lucero v. Comelec, GR 113107. July 20, 1994]. Resume. The act of an international conference in reducing to writing the conclusions of its deliberations on a particular subject. [Claridades, A., Compilation of Notes, 20012006]. Retail. A sale where the purchaser buys the commodity for his own consumption, irrespective of the quantity of the commodity sold. [Sec. 131, RA 7160]. Retail. Elements which should concur for a sale to be considered as retail: (a) The seller should be habitually engaged in selling; (b) the sale must be direct to the general public; and (c) the object of the sale is limited to merchandise, commodities or goods for consumption. [Marsman & Co., Inc. v. First Coconut Central Co., Inc., GR L39841. June 20, 1988]. Retail business. Any act, occupation or calling of habitually selling direct to the general public merchandise, commodities
or goods for consumption, but shall not include: (a)a manufacturer, processor, laborer or worker selling to the general public the products manufactured, processed, or produced by him if his capital does not exceed five thousand pesos; (b) a farmer or agriculturist selling the product of his farm; (c) a manufacturer or processor selling to the industrial and commercial users or consumers who use the products bought by them to render service to the general public and/or to produce or manufacture goods which are in turn sold to them; (d) a hotel-owner or keeper operating a restaurant irrespective of the amount of capital, provided that the restaurant is necessarily included in, or incidental to, the hotel business. [Sec. 1, PD 714]. Retail enterprise. One open to the general consuming public for the sale of goods that are commonly bought by end-users for personal or household use. [Sec. 1, PD 1634]. Retailer. A person engaged in the business of selling consumer products directly to consumers. [Art. 4, RA 7394]. Retail establishment. One principally engaged in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1008 sale of goods to end-users for personal or household use. [Sec. 1, Rule 7, Book 3, IRR of LC]. Retail trade. Any act, occupation or calling of habitually selling direct to the general public merchandise, commodities or good for consumption, but the restriction of RA 8762 shall not apply to the following: (a) Sales by manufacturer, processor, laborer, or worker, to the general public the products manufactured, processed or products by him if his capital dose not exceed P100,000.00; (b) Sales by a farmer or agriculturist selling the products of his farm; (c) Sales in restaurant operations by a hotel owner or inn-keeper irrespective of the amount capital: provided, that the restaurant is incidental to the hotel business; and (d) Sales which are limited only to products manufactured, processed or assembled by a manufactured, processed or assembled by a manufacturer though a single outlet, irrespective of capitalization. [Sec. 3, RA 8762]. Retained earnings. Also Earned surplus. Accumulated net income less distributions to stockholders and transfers to
paid-in capital accounts. The accumulated amount of profits and earnings of the business which has not been capitalized, offset by losses, or given out to stockholders as property dividends. [Moreno’s Law Dict., 2000 Ed., p. 412]. Retainer. 1. Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he retains the attorney to act for him. [Glossary of Legal Terms (Pro-Se), 2004]. 2. A contract between a lawyer and his (or her) client, wherein the lawyer agrees to represent and provide legal advice to the client, in exchange for money. The signed retainer begins the client-lawyer relationship from which flow many responsibilities and duties, primarily on the lawyer, including to provide accurate legal advice, to monitor limitation dates and to not allow any conflict of interest with the relationship with the client. [Duhaime's Legal Dict., 2004]. Retaining fee. A preliminary fee paid to ensure and secure a lawyer's future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party and of receiving pay from
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1009 him. In the absence of an agreement to the contrary, the retaining fee is neither made nor received in consideration of the services contemplated; it is apart from what the client has agreed to pay for the services which he has retained him to perform. [Research and Services Realty, Inc. v. CA, GR 124074. Jan. 27, 1997, citing Agpalo, Legal Ethics, 140 (1992)]. Retired shares. Corp. Law. Shares which have been withdrawn and have disappeared altogether. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Retiree. A member of the National Health Insurance Program who has reached the age of retirement or who was retired on account of disability. [Sec. 1, RA 9241]. Retirement. Labor. The result of a bilateral act of the parties, a voluntary agreement between the employer and the employees whereby the latter after reaching a certain age agrees and/or consents to severe his employment with the former. [Soberano v. Sec. of Labor, GR L-43753-56 & L-50991. Aug. 29, 1980]. Retorsion. Intl. Law. Retaliation where the acts
complained of do not constitute a legal ground of offense but are rather in the nature of unfriendly acts done primarily in pursuance of legitimate state interests but indirectly hurtful to other states. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 125]. Retract. To take back; To retract an offer is to withdraw it before acceptance. [Alonte v. Savellano, GR 131652. Mar. 9, 1998, citing Black's Law Dict. 6th Ed. [1990]). Retraction. In law of defamation, a formal recanting of the defamatory material; in probate practice, a withdrawal of a renunciation. [Alonte v. Savellano, GR 131652. Mar. 9, 1998, citing Black's Law Dict. 6th Ed. (1990)]. Retracto legal de comuneros. Sp. Right of legal redemption. [De Conejero v. CA, GR L-21812. Apr. 29, 1966]. Also Retracto comuneros. Retreat. Withdrawal. In combat, there is a wide difference between a withdrawal and a retreat. The former is an abandonment of the struggle by one of the parties, while the latter may be and often is a continuance of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1010 hostilities. [Moreno’s Law Dict., 2000 Ed., p. 413]. Retrenchment. Also Lay-off. 1. The termination of employment initiated by the employer through no fault of the employees and without prejudice to the latter, resorted to by management during periods of business recession, industrial depression, or seasonal fluctuations or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant for a new production program or the introduction of new methods or more efficient machinery, or of automation. [Sebuguero v. NLRC, 248 SCRA 532, 542 (1995), citing Sibal, Phil. Legal Encyc., 502 (1986)]. 2. An act of the employer of dismissing employees because of losses in the operation of a business, lack of work, and considerable reduction on the volume of his business. [Sebuguero v. NLRC, 248 SCRA 532, 542 (1995), citing LVN Pictures Employees and Workers Assoc. v. LVN Pictures, 35 SCRA 147 (1970)]. Retroactive laws. Laws which, as exceptions to Art. 4 of the Civil Code, shall have retroactive effect under any of the following circumstances: (a) if the laws themselves provide for
retroactivity; (b) if the laws are remedial or penal in nature and the same is favorable to the accused; (c) when the laws are procedural and do not affect or change vested rights; (d) when the laws are curative in character; and (e) if a substantive right is declared for the first time. [Claridades, A., Compilation of Notes, 2001-2006]. Retroactive recognition rule. Intl. Law. Rule that implies that a government was lawfully in power prior to the time of its recognition. [Intl. Law Dict. & Direct., 2004]. Retrocession. A transaction whereby the reinsurer, in turn, passes to another insurer a portion of the risk reinsured. It is really the reinsurance of a reinsurance. [Claridades, A., Compilation of Notes, 2001-2006]. Retrospectant evidence. Such evidence which requires inference to look backward from the evidentiary fact to the alleged act. That is, taking a stand at the fact offered, the inference is made that at some previous time, the act was or was not done. [People v. Agravante, GR 105402-04. Sep. 5, 1994]. Also called Traces.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1011 Return. A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal. [Glossary of Legal Terms (Pro-Se), 2004]. Return on equity. Net income after debt service, expressed as a percentage of the owner’s equity. [Black’s Law Dict., Abr. 5th Ed. (1983), 684]. Return on investment. Amount earned per year on an investment, usually expressed as a percentage. [Black’s Law Dict., Abr. 5th Ed. (1983), 684]. Return-to-work order. Labor. The order of the Secretary of Labor and Employment assuming jurisdiction over a labor dispute and deciding it or certifying the same to the NLRC for compulsory arbitration, which assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order or, if one has already taken place at the time of assumption or certification, ordering all striking or locked out employees to immediately return to work and the employer to
immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. [Art. 263, LC]. Revaluation increment. The excess of sound value over net book value. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Revealing secrets with abuse of office. Crim. Law. The felony committed by any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets. [Art. 291, RPC]. Revelation of industrial secrets. Crim. Law. The felony committed by the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter. [Art. 292, RPC]. Revelation of secrets by an attorney or solicitor. See Betrayal of trust by an attorney or solicitor. Revelation of secrets by an officer. Crim. Law. The felony committed by any public officer who shall reveal any secret known to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1012 him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published. [Art. 229, RPC]. Revenue. 1. Income derived from the regular system of taxation enforced under authority of law or ordinance and, as such, accrue more or less regularly every year. [Sec. 14, PD 477]. 2. All the funds or income derived by the government, whether from tax or from whatever source and whatever manner. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 20]. Revenue bill. A bill filed in Congress proposing to levy taxes and raise funds for the government. [Claridades, A., Compilation of Notes, 20012006]. Revenue funds. All funds deprived from the income of any agency of the Government and available for appropriation or expenditure in accordance with law. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Reversal. 1. An action of a higher court in setting aside or revoking a lower court decision. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The annulling or setting
aside by an appellate court of a decision of a lower court. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 685]. Reversales. Intl. Law. Fr. Declarations that an error in etiquette or in the draftsmanship of a treaty should not be considered as a precedent. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1059]. Reversible error. A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court. [Glossary of Legal Terms (Pro-Se), 2004]. Reversion. A future interest left in a transferor or his (or her) heirs. A reservation in a real property conveyance that the property reverts back to the original owner upon the occurrence of a certain event. [Duhaime's Legal Dict., 2004]. Review. A reconsideration or reexamination for purposes of correction. [Phil. Gamefowl Comm. v. CA, GR 72969-70. Dec. 17, 1986, citing Black's Law Dict., Rev. 4th Ed., 1968, p. 1483]. Revised Forestry Code of the Philippines. PD 705 entitled “Revising Presidential Decree No. 389, otherwise known as the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1013 Forestry Reform Code of the Philippines” signed into law on May 19, 1975.
Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28].
Revised Penal Code, The. Act 3815 entitled “An Act revising the Penal Code and other penal laws” enacted on Dec. 8, 1930 and took effect on Jan. 1, 1932.
Revocable permit. A permit issued for the temporary occupation and use of a tract of land not covered by a regular public land application. [Castrillo's Law on Nat. Res., 6th Ed. p. 81].
Revision. A revamp or rewriting of the whole instrument. [Cruz, Constl. Law, 1998 Ed., p. 11]. Compare with Amendment. Revival of wills. The restoration to validity of a previously revoked will by operation of law. It differs from republication in that it takes place by operation of law, while the latter takes place by the act of the testator. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 131]. Revive. To restore to consciousness or life; to bring back into currency; to render active, operative, valid or flourishing again. [Moreno’s Law Dict., 2000 Ed., p. 413]. Revocable beneficiary. The person named in a policy to receive the proceeds at the death of the insured, the latter reserving to himself the right to make future changes in the beneficiary designation. [Tiopianco,
Revocable trust. A trust that the grantor may change or revoke. [Glossary of Legal Terms (Pro-Se), 2004]. Revocation of wills. 1. The physical act of destruction of a will coupled with animus revocandi on the part of the testator. It is not imperative that the physical destruction be done by the testator himself. It may be performed by another person but under the express direction and in the presence of the testator. [Maloto v. CA, GR 76464. Feb. 29, 1988]. 2. An act of the mind, terminating the potential capacity of the will to operate at the death of the testator, manifested by some outward or visible act or sign, symbolic thereof. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 115, citing Gardner on Wills, p. 224]. Revoke. To cancel or nullify a legal document. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1014 Revolution. 1. The complete overthrow of the established government in any country or state by those who were previously subject to it. [In Re: Puno, AM 90-11-2697CA. June 29, 1992, citing Kitlow v. Kiely, 44 F. Ed. 227, 232]. 2. A sudden, radical and fundamental change in the government or political system, usually effected with violence or at least some acts of violence. [Ibid, citing State v. Diamond, 202 P. 988, 991]. 3. That which occurs whenever the legal order of a community is nullified and replaced by a new order a way not prescribed by the first order itself. [Ibid, citing Kelsen's, Gen. Theory of Law and State]. Revolutionary government. 1. A government that comes into existence in defiance of the existing legal processes. [In Re: Puno, AM 90-112697-CA. June 29, 1992, citing Bernas, Proc. No. 3 (1986)]. 2. A government instituted by the direct action of the people and in opposition to the authoritarian values and practices of the overthrown government. [Ibid., citing address by UP Pres. Angara, BBC, Mar. 21, 1986, 27 UP Gaz. 28, 29]. Rheumatic heart disease. A disease resulting from
rheumatic fever, marked by inflammation and disfigurement of the heart valves. The heart valves are flap-like structures which like one-way doors, stand in the openings between the chambers of the heart. Their function is to allow the passage of blood only forward. However, when deformed by disease, they no longer form a perfect fit for the openings, and blood flaws backward as well as forward during the contraction of the heart. The amount of blood which flows backward is lost to the forward stream. The heart must, therefore, work much harder to supply the body with the normal amount of blood. This, in turn, leads to other complications. [Panangui v. ECC, GR L56259. Mar. 18, 1983, citing Schmidt's Atty.'s Dict. of Med., p. 689, 1965 Ed.]. Rheumatic heart failure. A sudden stoppage of the action of the heart. [Moreno’s Law Dict., 2000 Ed., p. 414]. Riachuelo. A creek. [Moreno’s Law Dict., 2000 Ed., p. 414]. Riba. The term has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1015 the context of banking activities, the term includes the receipt and payment of interest in the various types of lending and borrowing and in the exchange of currencies on forward basis. [Sec. 44, RA 6848]. Rider. Also Endorsement. Ins. Agreements not contained in the policy, but written on or attached to it. They are used to fit policies to individual circumstances. When they are made part of the contract, they alter, amend, extend, or restrict the coverage provided in the contract. [Sec. 50, IC].
law. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 687]. Right against double jeopardy. The right which prohibits any subsequent prosecution of any person for a crime of which he has previously been acquitted or convicted. The objective is to set the effects of the first prosecution forever at rest, assuring the accused that he shall not thereafter be subjected to the peril and anxiety of a second charge against him for the same offense. [2 Phil. 246, 252253 (1903)].
Rider. Legislation. 1. A provision which is alien to the bill to which it is attached. [Gonzales v. Macaraig, GR 87636. Nov. 19, 1990]. 2. A provision not germane to the subject matter of the bill. [Lidasan v. Comelec, GR L-28089. Oct. 25, 1967].
Right against selfincrimination. A prohibition of the use of physical or moral compulsion, to extort communications from (a person). It is simply a prohibition against legal process to extract from the (accused)'s own lips, against his will, admission of his guilt. [US v. Tan Teng, 23 Phil. 145, 152]
Right. In an abstract sense, it means justice, ethical correctness, or consonance with the rules of law or the principles of morals. In a concrete sense, a power, privilege, faculty, or demand, inherent in one person and incident upon another. As an adjective, it means just, morally correct, consonant with ethical principles or rules of positive
Right and wrong test. The test under which a person is determined to be insane when he suffers from such perverted condition of the mental and moral faculties as to render him incapable of distinguishing between right and wrong. [People v. Dungo, GR 89420. July 31, 1991]. Compare with
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1016 Delusion test and Irresistible impulse test.
Right of first refusal. See First refusal, right of.
Right of action. The right to commence and prosecute an action to obtain the relief sought. [Albano, Rem. Law Reviewer, 1st Ed., p. 73]. Compare with Cause of action.
Right of privacy. The right to be let alone, like the right of free expression, (which) is not an absolute right. A limited intrusion into a person's privacy has long been regarded as permissible where that person is a public figure and the information sought to be elicited from him or to be published about him constitute matters of a public character. Succinctly put, the right of privacy cannot be invoked to resist publication and dissemination of matters of public interest. The interest sought to be protected by the right of privacy is the right to be free from "unwarranted publicity, from the wrongful publicizing of the private affairs and activities of an individual which are outside the realm of legitimate public concern.” Also Right to privacy.
Right of action. Elements: (a) Existence of a cause of action; (b) performance of all conditions precedent to the bringing of the action; and (c) the right to bring and maintain the action must be in the person instituting it. [Albano, Rem. Law Reviewer, 1st Ed., p. 73-74]. Right-of-control test. A test to determine where the person for whom the services are performed reserves a right to control not only the end to be achieved but also the means to be used in reaching such as end. [Sevilla v. CA, 160 SCRA 171]. Right of equality as an attribute of states. Intl. Law. The entitlement of every state to the same protection and respect as are available to other states under the rules of international law. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 58].
Right of redemption. The right granted to the debtormortgagor, his successor-ininterest or nay judicial creditor of said debtormortgagor or any person having a lien in the property subsequent to its mortgage or deed of trust under which the property is sold to redeem the property within
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1017 one (1) year from the registration of the sheriff’s certificate of foreclosure sale. [Bench Book for Trial Court Judges, p. 2-91, citing Sec. 29, Rule 39, RoC]. Compare with Equity of redemption. Right of representation. See Representation, right of. Right of revolution. An inherent right of a people to cast out their rulers, change their policy or effect radical reforms in their system of government or institutions by force or a general uprising when the legal and constitutional methods of making such change have proved inadequate or are so obstructed as to be unavailable. [In Re: Puno, AM 90-11-2697-CA. June 29, 1992, citing The Paradox of Luther v. Borden, 100 Harvard Law Review 1125, 1133 (1987)]. Right of self-organization. It includes the right to organize or affiliate with a labor union or determine which of two or more unions in an establishment to join, and to engage in concerted activities with co-workers for purposes of collective bargaining through representatives of their own choosing, or for their mutual aid and protection, i.e., the
protection, promotion, or enhancement of their rights and interests. [Reyes v. Trajano, GR 84433. June 2, 1992, citing Art. 247, LC, as amended]. Right of way. An ancient concept, which date back to the iter, actus, and via of the Romans. These servitudes are demanded by necessity, that is, to enable owners of isolated estates to make full use of their properties, which lack of access to public roads has denied them. [Costabella Corp. v. CA, GR 80511. Jan. 25, 1991, citing II Francisco, Civil Code of The Phil., 787]. Right of way. Requisites: The owner of an estate may claim a compulsory right of way only after he has established the existence of four requisites, namely, (a) the estate is surrounded by other immovables and is without adequate outlet to a public highway; (b) after payment of the proper indemnity; (c) the isolation was not due to the proprietor's own acts; and (d) the right of way claimed is at a point least prejudicial to the servient estate, and in so far as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. [Angela Estate, Inc.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1018 v. CFI Negros Occ., GR L27084. July 31, 1968]. Right of way easement. 1. The right of the owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, to demand a right of way through the neighboring estates, after payment of the proper indemnity. [Art. 649, CC]. 2. The right of a party to pass over the land of another. [Glossary of Legal Terms (Pro-Se), 2004]. Right of way rule. The general rule that the vehicle on the national highway has the right-of-way as against a feeder road. Another general rule is that the vehicle coming from the right has the right-of-way over the vehicle coming from the left. The general rules on right-ofway may be invoked only if both vehicles approach the intersection at almost the same time. [Kapalaran Bus Line v. Coronado, GR 85331. Aug. 25, 1989]. Right to appeal. 1. It is merely a statutory right and not ordinarily a necessary part of due process, (and) may only be taken when the law so provides. [Aguilar &
Casapao, v. Navarro, 55 Phil., 898; Duarte, v. Dade, 32 Phil., 36]. 2. Being purely statutory, the parties cannot, even by mutual agreement, confer such right when the same does not exist by statutory authority. [Gonzales v. CA, GR L18255. Nov. 21, 1961, citing Moran, Comments on the Rules of Court, Vol. I, 1957 Ed., pp. lxii-lxiii]. Right to dispose. The power of the owner to alienate, encumber, transform and even destroy the thing owned. [Moreno’s Law Dict., 2000 Ed., p. 416]. Right to hold a public office. The just and legal claim to hold and enjoy the powers and responsibilities of the office. [Francisco v. Men Abad, GR L-36927-28. Apr. 15, 1974, citing Black's Law Dict., 3rd Ed., pp. 1558, 1717]. Right to life. Pol. Law. The right not merely to the preservation of life but also the security of the limbs and organs of the human body against any unlawful harm. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 90] Right to present evidence. The opportunity given a party to be heard (which) is covered by the due process clause of the Constitution.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1019 [Moreno’s Law Dict., 2000 Ed., p. 417]. Right to privacy. A right which belongs to the individual acting in his private capacity and not to a governmental agency or officers tasked with, and acting in, the discharge of public duties. [AquinoSarmiento v. Morato, GR 92541. Nov. 13, 1991]. Also Right of privacy. Right to self-organization. The right of the employees to form unions or associations for purposes not contrary to law, to selforganization and to enter into collective bargaining negotiations, among others, which the Constitution guarantees. [Knitjoy Mfg., Inc. v. Ferrer-Calleja, GR 81883. Sep. 23, 1992]. Rigid constitution. A constitution which can be amended through a formal and difficult process. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 9]. Compare with Flexible constitution. Rigor mortis. Legal Med. The stiffening of the muscular tissues and joints of the body setting in at a greater or less interval after death. [People v. Dulay, GR 92600. Jan. 18, 1993].
Ring. In a cockpit, the space where the cocks fight. [Moreno’s Law Dict., 2000 Ed., p. 417]. Also Rueda. Riparian. Broadly, any property having a water frontage. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977, citing Shepard's Point Land Co. v. Atlantic Hotel, 44 S. E. 39, 45]. Compare with Littoral. Riparian owner. 1. A person who owns land situated on the bank of a river. But the term embraces not only the owners of lands on the banks of rivers but also the littoral owners, meaning the owners of lands bordering the shore of the sea or lake or other tidal waters. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977]. 2. A person who owns land that runs into a river. [Duhaime's Legal Dict., 2004]. Riparian rights. Special rights of people who own land that runs into a river bank. While not an ownership right, riparian rights include the right of access to, and use of the water for domestic purposes (bathing, cleaning and navigating). [Duhaime's Legal Dict., 2004]. RIV. See Requisition and issue voucher.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1020 River. A compound concept consisting of three (3) elements: (b) The running waters; (c) the bed; and (c) the banks. [Hilario v. City of Manila, GR L-19570. Apr. 27, 1967, Manresa, Codigo Civil Espaniol, 6th Ed., p. 75]. Roadway. A road, especially that part of the road over which vehicles pass. [Govt. of the Phil. v. Derham Bros., GR 11904. Oct. 9, 1917, citing New Std. Dict.]. Robbery. Crim. Law. 1. The felony committed by any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything. [Art. 293, RPC]. 2. Felonious taking of another's property, from his person or immediate presence and against his will, by means of force or fear. [Glossary of Legal Terms (Pro-Se), 2004]. Robbery. Elements: (a) That there be personal property belonging to another; (b) that there is unlawful taking of the property; (c) that the taking is with intent to gain; and (d) that there is violence against or intimidation of persons or force upon things. [People v. Puloc, GR 92631, Sep. 30, 1991 202 SCRA 179, 185].
Robbery committed under certain circumstances, attempted and frustrated. The offense committed when, by reason or on occasion of an attempted or frustrated robbery, a homicide is committed. [Art. 297, RPC]. Robbery in an inhabited house or public building or edifice devoted to worship. Crim. Law. The felony committed by any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship where: (a) the malefactors shall enter the house or building in which the robbery was committed; or (b) the robbery be committed under any of the following circumstances: 1. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; 2. by taking such furniture or objects to be broken or forced open outside the place of the robbery. [Art. 299, RPC]. Robbery in an uninhabited place or in a private building. Any robbery committed in an uninhabited place or in a building other than those mentioned in the first paragraph of Art. 299 of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1021 the Rev. Penal Code, if any of the following circumstances is present: (a) if the entrance has been effected through any opening not intended for entrance or egress; (b) if any wall, roof, flour or outside door or window has been broken; (c) if the entrance has been effected through the use of false keys, picklocks or other similar tools; (d) if any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken; (e) if any closed or sealed receptacle, as mentioned in the preceding number, has been removed even if the same to broken open elsewhere. [Art. 302, RPC]. Robbery in band. Robbery whereof more than three armed malefactors take part in the commission. [Art. 296, RPC]. Robbery with homicide. Elements: (a) The taking of personal property with the use of violence or intimidation against a person; (b) the property thus taken belongs to another; (c) the taking is characterized by intent to gain or animus lucrandi; and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, which is therein used in a generic sense, was committed. [People v.
Esperraguerra, GR 113785, Sep. 14, 199S, 248. SCRA 207]. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley. The offenses mentioned in subdivisions 3, 4, and 5 of Art. 294 of the Rev. Penal Code which have been committed in an uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made with the use of a firearm. [Art. 295, RPC]. Robbery with rape. The law uses the phrase "when the robbery shall have been accompanied by rape." [Art. 294 (2), RPC]. This means that the offender must have the intent to take the personal property belonging to another with intent to gain, and such intent must precede the rape. [People v. Villagracia, GR 94311. Sep. 14, 1993, citing Reyes, II Rev. Penal Code, p. 612, 1987 Ed.].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1022 Robbery with violence against or intimidation of persons. Crim. Law. The felony committed by any person with the use of violence against or intimidation of any person when: 1. by reason or on occasion of the robbery, the crime of homicide shall have been committed; 2. the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Art. 263 of the Rev. Penal Code shall have been inflicted; 3. by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next preceding number, shall have been inflicted; 4. the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Art. 23. [Art. 295, RPC]. Robo con homicidio. Sp. Robbery with homicide. [US v. Macalalad, 9 Phil. 1].
Robo con lesions. Sp. Robbery with physical injuries. [US v. Lumanlan, GR 10708. Sep. 24, 1915]. Robo en cuadrilla. Sp. Robbery in an armed band. [US v. Dela Cruz, GR 4740. Nov. 18, 1908]. Robo en cuadrilla con homicidio y lesiones. Sp. Robbery in an armed band, with homicide and physical injuries. [US v. Pindong, GR 5220. Aug. 18, 1909]. ROI. Return on investment. Roman candle. A sparkler similar to a "fountain" but shaped like a big candle. [Sec. 2, RA 7183]. Romberg’s Test. A test to determine whether a person is intoxicated. He is asked to stand with feet together and to close his eyes. Normally, this would have no effect on a person who is sober. But if he is intoxicated, the tendency is for him to swing from side to side. Sometimes he would fall. [Moreno’s Law Dict., 2000 Ed., p. 418]. Rooming-in. The practice of placing the newborn in the same room as the mother right after delivery up to discharge to facilitate mother-infant bonding and initiate breastfeeding. The
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1023 infant may either share the mother's bed or be placed in a crib beside the mother. [Sec. 3, RA 7600]. Roster. A list of persons qualified to provide ADR services as neutrals or to serve as arbitrators. [Sec. 3, RA 9285]. ROTC. See Reserve Officers' Training Corps. Row house. A single-family attached dwelling containing three or more separate living units designed in such a way that they abut each other at the sides, as in a row, and are separated from each other by party walls: provided with independent access, services, and use of land. [Sec. 3, BP 220]. Royalties. All charges based on gross business or sales, or gross or net profit. [Sec. 3, RA 224]. Royalty. Any payment over and above other existing for the utilization of minerals within a mineral reservation, indigenous cultural community, or in areas covered by small-scale mining. [Sec. 4, DENR Admin. Order 95-23]. Rueda. The ring of a cockpit. [Moreno’s Law Dict., 2000 Ed., p. 418].
Rule. Any agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in, or practice requirements of, an agency, including its regulations. The term includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights of, or procedure available to, the public. [Sec. 2, Chap. 1, Book VII, EO 292]. Rule against perpetuities. See Perpetuities, rule against. Rule making. An agency process for the formulation, amendment, or repeal of a rule. [Sec. 2, Chap. 1, Book VII, EO 292]. Rule making power. See Quasi-legislative power. Rule of barrier between the legitimate family and illegitimate or Iron curtain rule. Succ. The rule that the an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. [Art. 992, CC]. Also known as Iron curtain rule.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1024 Rule of double share for full blood collaterals. Succ. The rule that when full and half-blood brothers and sisters, nephews and nieces survive, the former shall take a portion in the inheritance double that of the latter. [Claridades, A., Compilation of Notes, 20012006]. Rule of equal division. Succ. The rule that the relatives of the same degree shall inherit in equal shares. [Art. 962, CC]. Rule of law. It simply means that no one is above the law. All persons regardless of status, wealth, creed, political persuasion and color of their skin are entitled to due process of law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 49]. Rule of majority. Also Majority rule. Pol. Law. The will of the greater number of people, whether referring to the citizens of the Philippines who choose their representatives, or to a number of people in a community or organization, who choose their officers. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 57]. Rule of preference between lines. Succ. The rule that those in the direct descending line shall
exclude in the succession those in the direct ascending and collateral lines, and those in the direct ascending line shall, in turn, exclude those in the collateral line. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 379]. Rule of proximity. Succ. The rule that the relatives nearest in degree to the decedent shall exclude the more distant ones, except when there is right of representation. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., pp. 379-380]. Rules. Established standards, guides, or regulations set up by authority. [Glossary of Legal Terms (Pro-Se), 2004]. Rules of Court. Regulations governing practice and procedure in the various courts. [Claridades, A., Compilation of Notes, 20012006]. Rules of evidence. Standards governing whether evidence in a civil or criminal case is admissible. [Glossary of Legal Terms (Pro-Se), 2004]. Ruling. A judicial or administrative interpretation of a provision of a statute, order, regulation or ordinance. [Jamil v. Comelec,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1025 GR 123648. Dec. 15, 1997, citing Black's Law Dict., p. 1197].
insurance, by additional statements or indorsements. [Sec. 62, IC].
Rulings. Exposition of law or legal reasons upon which the courts rest their judgment. [Jamil v. Comelec, GR 123648. Dec. 15, 1997, citing Words & Phrases, Vol. 37A, p. 568]
Run-off election. An election between the labor unions receiving the two (2) higher number of voters when a certification election which provides for three (3) or more choices results in no choice receiving a majority of the valid votes cast, where the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast. [Sec. 1, Rule 1, Book 5, IRR of LC].
Run-away shop. Labor. An unfair labor practice of management which usually takes place by effecting the transfer of ownership, the plant itself, or its equipment and machines purposely to bust the union or to evade payment of its legitimate obligations. In other words, the shop is put up to achieve an illegal purpose. [Poquiz, Labor Rel. Law, 1999 Ed. p. 155]. Running and test inventory. An inventory of property made upon order of the local chief executive at any time to ascertain the correctness of the property records of the unit. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Running policy. Ins. A policy of insurance which contemplates successive insurances, and which provides that the object of the policy may be from time to time defined, especially as to the subjects of
Rural banks. Banks duly organized under RA 720 with authority to operate under existing laws. [Sec. 4, RA 7607]. Rural Banks Act of 1992. RA 7353 entitled “An Act providing for the creation, organization and operation of rural banks, and for other purposes” enacted on Apr. 2, 1992. Rural industrialization. The process by which the economy is transformed from one that is predominantly agricultural to one that is dominantly industrial and serviceoriented. [Sec. 4, RA 8435].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1026
-SSabong. Tag. Cockfight. [Claridades, A., Compilation of Notes, 2001-2006]. Sabungan. Tag. Cockpit. [People v. Aleta, GR L-40694. Aug. 31, 1976]. Sadism. Legal Med. The sexual enjoyment a person receives from inflicting actual physical or psychological suffering on a sexual partner. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Masochism.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1027 Safe conduct pass. Intl. Law. A pass given to enemy nationals or vessels allowing passage between defined points. This is given either by the belligerent government itself or the commander of the area which it is effective. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 143]. Safe place or shelter. Any home or institution maintained or managed by the DSWD or by any other agency or voluntary organization accredited by the DSWD for the purposes of RA 9262 or any other suitable place the resident of which is willing temporarily to receive the victim. [Sec. 3, RA 9262]. Salary. A fixed compensation for regular work or for continuous service rendered over a period of time [Moreno's Phil. Law Dict., 3rd Ed., p. 852 citing Lee Tee v. Ching Chiong, 17518-R, Jan. 13, 1959]. Salary-ceiling-method. A method used in legislation involving the adjustment of the minimum wage whereby the wage adjustment is applied to employees receiving a certain denominated salary ceiling. [ECOP v. NWPC, GR 96169. Sep. 24, 1991, quoting NWPC's Order of Nov. 6,
1990]. Compare with Floorwage method. Salary or wage adjustment. A salary or wage increase towards the minimum of the grade, or an increase from a nonprescribed rate to a prescribed rate within the grade. [Sec. 3, PD 985]. Salary or wage schedule. A numerical structure in the Compensation System consisting of several grades, each grade with multiple steps with a percentage differential throughout the pay table. A classified position is assigned a corresponding grade in the Schedule. [Sec. 3, PD 985]. Salary or wage step increment. An increase in salary or wage from one step to another step within the grade from the minimum to maximum. Also known as Within grade increase. [Sec. 3, PD 985]. Salary Standardization Act. RA 6758. See Compensation and Position Classification Act of 1989. Salaysay. Tag. 1. Statement. [Julio v. Dalandan, GR L19012. Oct. 30, 1967]. 2. Sworn statement. [People v. Ilarde, GR L-58595. Oct. 10, 1983]. 3. Narration. [Belvis
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1028 III v. CA, GR L-38907. Nov. 14, 1988]. Salbahe. Tag. Ill-mannered. [People v. Catanyag, GR 103974. Sep. 10, 1993]. Sale. A contract whereby one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. [Art. 1458, CC]. Sale at retail. Elements: (a) The seller should be habitually engaged in selling; (b) the sale must be direct to the general public; and (c) the object of the sale is limited to merchandise, commodities or goods for consumption. [Marsman & Co., Inc. v. First Coconut Central Co., Inc., GR L39841. June 20, 1988]. Sale by description. A transaction in which the merchandise is described in detail and the bulk must correspond to the description. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. Sale by sample. It occurs when the buyer is shown a sample of the merchandise he is buying. When the merchandise is delivered, the bulk must correspond in quality to the sample.
[Torres, Oblig. & Cont., 2000 Ed., p. 354]. Sale in bulk. See Bulk sale. Sale on credit. A sale where the seller retains the original of the invoice in his possession, and the delivery thereof to the buyer is made only when the latter has discharged his obligation. [Claridades, A., Compilation of Notes, 2001-2006]. Sale on trial. A contract of sale which rests entirely on the character or quality of the goods, vis-à-vis a contract of sale or return which hinges wholly on the option of the buyer. [Claridades, A., Compilation of Notes, 2001-2006]. Sale or distribution. An act made by a manufacturer or seller, or their respective representative or agent, to make available consumer products, services or credit to the end consumers under a consumer sale transaction. It shall not include sampling or any distribution not for sale. [Art. 4, RA 7394]. Sale or exchange of services. The performance of all kinds of services in the Philippines for others for a fee, remuneration or consideration, including those performed or rendered by construction and service
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1029 contractors; stock, real estate, commercial, customs and immigration brokers; lessors of property, whether personal or real; warehousing services; lessors or distributors of cinematographic films; persons engaged in milling, processing, manufacturing or repacking goods for others; proprietors, operators or keepers of hotels, models, resthouses, pension houses, inns, resorts; proprietors or operators of restaurants, refreshment parlors, cafes and other eating places, including clubs and caterers; dealers in securities; landing investors; operators of taxicabs; utility cars for rent or hire driven by the lessees (rent-a-car companies), tourist buses; and other common carriers by land, air, and sea relative to their transport of goods or cargoes; services of franchise grantees of telephone and telegraph, radio and television broadcasting and all other franchise grantees except those under Sec. 117 of the National Internal Revenue Code; services of banks, non-bank financial intermediaries and finance companies; and non-life insurance companies (except their crop insurances) including surety, fidelity and indemnity and
whether or not the performance thereof calls for the exercise or use of the physical or mental faculties. [Sec. 102, NIRC, as amended by RA 7716]. Sale or pledge of mortgaged property. Crim. Law. The felony committed by any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located. [Art. 319, RPC]. Sale or return. A contract of sale whereby the goods object of the sale are delivered to the buyer who thereby acquires ownership thereof, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. Under this kind of sale, the buyer is given an option to return the goods instead of paying the price. [Diaz, Bus. Law Rev., 1991 Ed., p. 121, citing Art. 1502, CC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1030 Sale or sell. Every disposition, or attempt to dispose, for a valuable consideration, of a subdivision lot, including the building and other improvements thereof, if any, in a subdivision project or a condominium unit in a condominium project. A contract to sell, a contract of purchase and sale, an exchange, an attempt to sell, an option of sale or purchase, a solicitation of a sale, or an offer to sell, directly or by an agent, or by a circular, letter, advertisement or otherwise. [Sec. 2, PD 957]. Sales invoice. A detailed statement of the nature, quantity and cost of the thing sold and has been considered not a bill of sale. [P.T. Cerna Corp. v. CA, GR 91622. Apr. 6, 1993]. Sales load. The difference between the price of a security to the public and that portion of the proceeds from its sale which is received and invested or held for investment by the issuer, less any portion of such difference deducted for trustee's or custodian's fees, insurance premiums, issue taxes, or administrative expenses or fees which are not properly chargeable to sales or promotional activities. In the case of a
periodic payment plan certificate, sales load includes the sales load on any investment company securities in which the payments made on such certificate are invested, as well as the sales load on the certificate itself. [Sec. 3, RA 2629]. Salesman. A natural person, employed as such as an agent, by a dealer, issuer or broker to buy and sell securities. [Sec. 3, RA 8799]. Sales promotion. Techniques in-tended for broad consumer participation which contain promises of gain such as prizes, in cash or in kind, as reward for the purchase of a product, security, service or winning in contest, game, tournament and other similar competitions which involve determination of winner/s and which utilize mass media or other widespread media of information. It also means techniques purely intended to increase the sales, patronage and/or goodwill of a product. [Art. 4, RA 7394]. Sale with pacto de retro. One where the vendor reserves the right to repurchase the thing sold with the obligation to comply with the stipulation of the contract, and to refund the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1031 price, the necessary and useful expenses incurred on the thing, the expenses of the contract and other legitimate payments made by the vendee by reason of the sale. [Moreno’s Law Dict., 2000 Ed., p. 423]. Sale with right to repurchase. A sale whereby the title and ownership of the property sold are immediately vested in the vendee a retro within the period stipulated. Failure to perform said resolutory condition vests upon the vendee by operation of law absolute title or ownership over the property sold. [Albano, Civil Law Reviewer, Rev. Ed., p. 356]. Salting of foreign exchange. The crime committed by any person engaged in the business of exporting who shall underdeclare or undervalue his exports, either as to price or quantity, or any person engaged in the business of importation who shall overvalue or overdeclare his importations, either as to price or quantity, for the purpose of salting and retaining foreign exchange abroad in violation of existing laws and Central Bank rules and regulations. [Sec. 2, PD 1883]. See Blackmarketing of foreign exchange.
Salt iodization. The addition of iodine to salt intended for human or animal consumption in accordance with specifications as to form, fortificant, method, manner and composition as may be prescribed by the BFAD. [Sec. 4, RA 8172]. Salus populi suprema est lex. Lat. The welfare of the people is the supreme law. [Lim v. Pacquing, GR 115044. Jan. 27, 1995]. Salvage. The compensation allowed to persons by whose assistance a ship or her cargo has been saved, in whole or in part, from impending peril on the sea, or in recovering such property from actual loss, as in case of shipwreck, derelict, or recapture. [Blackwall v. Saucelito Tug Co., 10 Wall. 1, 12, cited in Erlanger & Galinger v. Swedish East Asiatic Co., Ltd., 34 Phil. 178]. Salvage Law, The. Act 2616 enacted on Feb. 4, 1916. Salvage zone. An easement on the riparian property or lands bordering the sea or river that covers 20 meters from the coastline boundary inward to give the people the right of passage and the right to use the place in case of bad weather and by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1032 shipwreck of bancas or vessels in distress. It is an easement of public use in the general interest of recreation, passage, fishing and salvage. [Moreno’s Law Dict., 2000 Ed., p. 424]. Same offense. Identical offense or any attempt to commit the same or frustration thereof or any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. [Perez v. CA, GR L-80838. Nov. 29, 1988]. Sanction. 1. The whole or part of a prohibition, limitation or other condition affecting the liberty of any person; the withholding of relief; the imposition of penalty or fine; the destruction, taking, seizure or withholding of property; the assessment of damages, reimbursement, restitution, compensation, cost, charges or fees; the revocation or suspension of license; or the taking of other compulsory or restrictive action. [Sec. 2, Chap. 1, Book VII, EO 292]. 2. A very unusual word with two contradictory meanings. To sanction can mean to ratify or to approve but it can also mean to punish. The sanction of a crime refers to the actual punishment, usually
expressed as a fine or jail term. [Duhaime's Legal Dict., 2004]. Sandiganbayan. A special court created under PD 1606, as amended, which exercises jurisdiction over (a) violations of RA 3019, as amended, otherwise, known as the Anti-Graft and Corrupt Practices Act, and RA 1379; (b) crimes committed by public officers and employees including those employed in government-owned or controlled corporations, embraced in Title VII of the Rev. Penal Code, whether simple or complexed with other crimes; and (c) other crimes or offenses committed by public officers or employees, including those employed in government-owned or controlled corporations, in relation to their office. Sangkap Pinoy Seal Program (SPSP). A strategy to encourage food manufacturers to fortify processed foods or food products with essential nutrients at levels approved by the DOH. The fundamental concept of the program is to authorize food manufacturers to use the DOH seal of acceptance for processed foods or food products, after these products passed a set of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1033 defined criteria. The seal is a guide used by consumers in selecting nutritious foods. [Sec. 3, RA 8976]. Sangla. Also Sanla. Tag. In some Tagalog provinces, the word means "bilihang mabibiling muli" or "pacto de retro." By this contract, the vendee-a-retro takes possession of the property as owner until the same is repurchased or redeemed. [Aguinaldo v. Esteban, GR L27289. Apr. 15, 1985]. Sanglaan. Also Sanlaan. Tag. A word that is used to mean only either mortgage or pledge, and never a sale or a pacto de retro sale. [Perfecto, dissenting opinion, Lim v. Calaguas, GR L-2031. May 30, 1949]. Sanitary engineering, practice of. The practice of sanitary engineering shall embrace the following activities: (a) sanitary surveys, reports, design, direction, management, consultation, and investigation of: (a) water purification plants, water collection and distribution systems, reservoirs, drainage and sewer systems, sewage treatment plants, malaria control structures, sewage disposal tanks, and other structures for public health and welfare; (b) projects relating to stream
pollution, insect and vermin control or eradication, rural and camp sanitation, and milk and food sanitation; (c) systems for the prevention of atmospheric pollution or the control of indoor air, especially the air or working spaces in industrial establishments (industrial hygiene engineering); and (d) Professional research and laboratory work supporting the activities listed in subsection (a). [Sec. 2, RA 1364]. Satellite newsgathering. The use of either transportable Fixed Satellite Service earth stations or Mobile Satellite Service earth stations to provide temporary communications services for news media organizations covering news events such as summits, conferences or disasters. [Sec.3, EO 467, s. 1998]. Satisfaction. Remedy in international law that provides for the honor of an injured state to be restored. [Intl. Law Dict. & Direct., 2004]. Satisfaction of a judgment. The payment of the amount of the writ, or a lawful tender thereof, or the conversion by sale of the debtor's property into an amount equal to that due, and, it may be done
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1034 otherwise than upon an execution. [PAL v. CA, GR 49188. Jan. 30, 1990].
the effects of the repeal. [Suarez, Stat. Con., (1993), p. 50].
Saturday account system. A custom, business practice and usage among merchants of Chinese descent whereby a customer could order goods on credit and a collector is sent to him on Saturday. Payment may or may not be made by said customer. In other words, the obligation is one which does not provide for a definite or specific term. [Moreno’s Law Dict., 2000 Ed., p. 425].
Savings and loan association. Any corporation engaged in the business for accumulating the savings of its members or stockholders, and using such accumulations, together with its capital in the case of a stock corporation, for loans and/or for investment in the securities of productive enterprises or in securities of the Government, or any of its political subdivisions, instrumentalities or corporations: Provided, That they shall be primarily engaged in servicing the needs of households by providing personal finance and long-term financing for home building and development. [Sec. 3, RA 3779].
Satyriasis. Legal Med. The excessive sexual desire in men. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Nymphomania. Sauna bath attendant. A person who applies the proper technique of giving steam bath to customers. [Sec. 59, PD 856]. Sauna bath establishment. An establishment where customers are exposed to steam which is generated by sprinkling water on hot stones or by some other means. [Sec. 59, PD 856]. Saving clause. That part of the statute which restricts a repealing act and preserve existing powers, rights and pending proceedings from
Sawmill. A wood processing plant or implement operated mechanically and installed in a fixed site or mobile carrier where coconut wood, log or timber is cut, treated, sawn or ripped into lumber, slabs and other wood products of any size or form such as poles, piles wall wood, boards, pulp, or other finished coconut wood product. [Sec. 3, PCA Admin. Order 1-95].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1035 Saya. Tag. Skirt. [US v. Ramos, GR 10832. Dec. 11, 1916]. SBF. See Freeport.
Subic
Bay
SBMA. See Subic Bay Metropolitan Authority. Scab. A person who works for lower wages than or under conditions contrary to those prescribed by a trade union; also one who takes the place of a workingman on a strike. Non-union workers who pass through union picket line. A worker who works under non-union conditions. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 699]. Scandal. Any reprehensible word or deed that offends public conscience, redounds to the detriment of the feelings of honest citizens and gives occasion to the neighbor’s spiritual damage or ruin. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 889]. Scanning. A process whereby medical services are extended through highly advanced x-ray forms of examination of the human body. [Moreno’s Law Dict., 2000 Ed., p. 425]. Schistosoma haematobium. A kind of parasitic worm. [Capacio v.
Rep., GR L-45484. Apr. 8, 1988]. Schizophrenia. 1. A chronic mental disorder characterized by inability to distinguish between fantasy and reality, and often accompanied by hallucinations and delusions. Formerly called “dementia praecox,” it is said to be the most common form psychosis and usually develops between the ages 15 and 30. [People v. Pascual, GR 95029. Mar. 24, 1993, citing Encyc. & Dict. of Medicine & Nursing, MillerKeane, p. 860]. 2. A serious mental disorder characterized by loss of contact with reality (psychosis), hallucinations, delusions (false beliefs), abnormal thinking and disrupted work and social functioning. [Olarte, Legal Med., 1st Ed. (2004), p. 144]. Schizophrenic. A person with a split personality that withdraws him from reality and renders him incapable of understanding what he is doing. [People v. Capitin, GR L-49118. Aug. 30, 1988]. School. 1. An institution for learning in the elementary, secondary or tertiary level comprised of the studentry, administration, faculty and non-faculty personnel. [Sec. 3, RA 7079]. 2. Any
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1036 educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site. [Sec 3, RA 9165]. 3. An educational institution, private and public, undertaking educational operation with a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually located in a building or a group of buildings in a particular physical or cyber site. [Sec. 4, RA 9155]. School administrators. All persons occupying policy implementing positions having to do with the functions of the school in all levels. [Sec. 6, BP 232]. School fees, other. All miscellaneous fees charged to be charged by private schools, colleges and universities as embodied in their respective prospectuses, bulletins of information, or catalogues, which are collected and earmarked for certain specified purposes pursuant to existing laws, rules and
regulations. [Sec. 1, Rule II, PD 451]. School head. A person responsible for the administrative and instructional supervision of the school or cluster of schools. [Sec. 4, RA 9155]. School levels. Elementary, secondary, and collegiate levels, excluding free school and postgraduate courses. [Sec. 1, PD 577]. Schools. Duly established institutions of learning or educational institutions. [Sec. 26, BP 232]. School year. The total of two (2) semesters [or three (3) trimesters, or four (4) quarterms, as the case may be] and one (1) summer. Scienter. Lat. Knowledge. 1. Required in Arts. 162, 165, 187, 188 (2) and (4), 244, 316 (2), 319 (1), 333, 335 (2) and 350 of the Rev. Penal Code. 2. In legal situations, the word is usually used to refer to “guilty knowledge". For example, owners of vicious dogs may be liable for injuries caused by these dogs if they can prove the owner's "scienter" (i.e., that the owner was aware, before the attack, of the dog's vicious character). [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1037 Scientific and technological activities (STA). All systematic activities which are closely concerned with the generation, advancement, dissemination, and application of scientific and technical knowledge in all fields of natural science and technology. [Sec. 3, RA 8439]. Scientific career system (SCS). A system of recruitment, career progression, recognition and reward of scientists in the public service as a means of developing a pool of highly qualified and productive scientific personnel. [EO 901, July 19, 1983]. Score. 1. In street language, it means desire to buy drugs. [People v. Pablo, GR 105326. Dec. 28, 1994]. 2. In the parlance of those engaged in the illegal trade in drugs, the word means "buy.” [GR 97930. May 27, 1992]. Scout. Intl. Law. Soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information but are not considered as spies. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138]. SCRA. See Supreme Court Re-ports Annotated.
Scrap. Manufactured articles or parts rejected for imperfection or discarded because of excessive wear or lack of demand and useful only as raw material for reprocessing. [Napocor v. CA, GR 122195. July 23, 1998, citing Webster‘s 3rd Intl. Dict. 2039 (3rd Ed., 1971). Screening test. A rapid test performed to establish potential/ presumptive positive result. [Sec 3, RA 9165]. Scriptory credit. Credit appearing in a public instrument or final judgment. [Moreno’s Law Dict., 2000 Ed., p. 426]. Sea farming. The stocking of natural or hatcheryproduced marine plants or animals, under controlled conditions, for purposes of rearing and harvesting, but not limited to commerciallyimportant fishes, mollusks (such as pearl and giant clam culture), including seaweeds and seagrasses. [Sec. 4, RA 8550]. Seal. 1. Any of various closures or fastenings that cannot be opened without rupture and that serve as a check against tampering or unauthorized opening. [Syquia v. CA. GR 98695.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1038 Jan. 27, 1993, citing Webster's 3rd Intl. Dict.. pp. 2046 (1970)]. 2. v. To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal. [Glossary of Legal Terms (Pro-Se), 2004]. Seaman. Any person employed in a vessel engaged in maritime navigation. [Art. 13, LC]. Sea ranching. The release of the young of fishery species reared in hatcheries and nurseries into natural bodies of water for subsequent harvest at maturity or the manipulation of fishery habitat, to encourage the growth of the wild stocks. [Sec. 4, RA 8550]. Searching domicile without witnesses. Crim. Law. The felony committed by a public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality. [Art. 130, RPC]. Searching inquiry. Rem. Law. Under the Rules (of Court), it means more than informing cursorily the
accused that he faces a jail term (because the accused is aware of that) but so also, the exact length of imprisonment under the law and the certainty that he will serve time at the national penitentiary or a penal colony. [People v. Dayot, GR 88281. July 20, 1990]. Searching questions and answers. Such questions as have tendency to show the commission of a crime and the perpetrator thereof, taking into consideration the purpose of the preliminary examination which is to determine "whether there is a reasonable ground to believe that an offense has been committed and the accused is probably guilty thereof so that a warrant of arrest may be issued and the accused held for trial." [Luna v. Plaza, GR L-27511. Nov. 29, 1968]. Search warrant. 1. An order in writing issued in the name of the People of the Philippines signed by a judge and directed to a peace officer, commanding him to search for personal property and bring it before the court. [Sec. 1, Rule 126, RoC]. 2. A search warrant is in the nature of a criminal process akin to a writ of discovery. It is a special and peculiar remedy, drastic in nature, and made necessary
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1039 because of a public necessity. [Malaloan v. CA, GR 104879. May 6, 1994]. 3. A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Warrant of arrest. Search warrants maliciously obtained and abuse in the service of those legally obtained. The act of any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same. Seashore park. Any public shore area delimited for outdoor recreation, sports fishing, water skiing and related healthful activities. [Sec. 3, PD 705]. Seasonal employment. Labor. An employment where an employee is engaged to work during a particular season on an activity that is usually necessary or desirable in the usual business or trade of the employer. [Poquiz, Labor Rel. Law, 1999 Ed. p. 317].
Seasonal farmworker. A natural person who is employed on a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a nonpermanent laborer, such as "dumaan", "sacada", and the like. [Sec. 3, RA 6657]. Seat belt device. Any strap, webbing or similar device in the form of pelvic restraint or lap belt, upper torso restraint or shoulder strap or a combination thereof designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt device in a motor vehicle. [Sec. 3, RA 8750]. Seaworthy. A ship which is reasonably fit to perform the service and to encounter the ordinary perils of the voyage contemplated by the parties to the policy. [Sec. 114, IC]. Second. The base unit of time which is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the cesium 133 atom. [Sec. 4, BP 8]. Secondary authority. Legal encyclopedias, treatises,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1040 legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law. [Glossary of Legal Terms (Pro-Se), 2004]. Secondary beneficiaries. The dependent parents and, subject to the restrictions imposed on dependent children, the illegitimate children and legitimate descendants. [Art. 167, LC]. Compare with Primary beneficiaries. Secondary canal. The channel connected to the main canal which distributes irrigation to specific areas. [Sec. 4, RA 8435]. Secondary cataract. Also After-cataract. A cataract which occurs after certain forms of cataract extractions. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Secondary compulsory heirs. Heirs who may be excluded by other compulsory heirs. They embrace only parents or ascendants. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 236]. See Primary compulsory heirs. Secondary education. The state of formal education following the elementary level concerned primarily
with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school. [Sec. 20, BP 232]. Secondary evidence. Also Substitutionary evidence. 1. The rule of evidence that when the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability, without bad faith on his part, loss or destruction, or unavailability, without bad faith on his part, may prove its contents in some authentic document, or by the testimony of witnesses in the order stated. [Sec. 5, Rule 130, RoC]. 2. Evidence which is inferior to primary evidence and admissible only in the absence of the latter. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Primary evidence or Best evidence. Secondary franchise. Special franchise.
See
Secondary liability. Subsidiary liability.
See
Secondary meaning doctrine. A word or phrase originally incapable of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1041 exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrase has come to mean that the article was his produce. [Ang v. Teodoro, 74 Phil. 56]. Secondary mortgage institution (SMI). An entity created for the purpose of enhancing a secondary market for residential mortgages and housingrelated asset-backed securities (ABS). [Sec. 3, RA 9267]. Secondary processing. The physical transformation of semi-processed agricultural or fishery pro-ducts. [Sec. 4, RA 8435]. Second class ricelands. Those which yield forty (40) cavans or less, the same to be computed upon the normal average harvest of the three preceding years. [Sec. 14, RA 2263]. Second reading of a bill. The reading in full of the bill with the amendments proposed by the committee, if any. [Tolentino v. Sec. of
Finance, GR 115455. Aug. 25, 1994]. Secrecy of Bank Deposits Law. RA 1405 entitled “An Act prohibiting disclosure of or inquiry into, deposits with any banking institution and providing penalty therefor” enacted on Sep. 9, 1955. Secretariat. The chief administrative organ of the United Nations which is headed by a Secretary General. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 35]. Secretary-General. The head of the United Nations Secretariat chosen by the General Assembly upon the recommendation of the Security Council. His term is fixed at five years by resolution of the General Assembly, with re-election. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 35]. Secret keys. A characteristics style or symbols kept from the knowledge of others or disclosed confidentially to but one of few. [Sec. 42, RA 5921]. Secret marriage. A legally non-existent phrase but ordinarily used to refer to a civil marriage celebrated without the knowledge of the relatives and/or friends of either or both of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1042 contracting parties. [Rep. v. CA, GR 103047. Sep. 2, 1994]. Secret partner. A partner whose connection with the firm is kept secret. [Suarez, Intro. to Law, 1995 3rd Ed., p. 120]. Secret partnership. A common law partnership in which the participation of one or more persons as partners is not disclosed to the public by any of the partners. All of the partners have unlimited personal liability. [Intl. Law Dict. & Direct., 2004]. Sectoral organization. A group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns. [Sec. 3, RA 7941]. Sectoral party. An organized group of citizens belonging to any of the sectors enumerated in Sec. 5 of RA 7941 whose principal advocacy pertains to the special interest and concerns of their sector. [Sec. 3, RA 7941]. Sectoral representation. The term implies that the person to be appointed must possess the necessary qualifications to represent that particular sector. At the
very least, the appointee must actually belong to the sector which he purports to represent, otherwise there can be no true representation. [Supangan v. Santos, GR 89072. Aug. 24, 1990]. Secured debts. In bankruptcy, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral. [Glossary of Legal Terms (Pro-Se), 2004]. Securities. 1. Shares, participation or interests in a corporation or in a commercial enterprise or profit-making venture and evidenced by a certificate, contract, instruments, whether written or electronic in character. [Sec. 3, RA 8799]. 2. Shares of stock in a corporation and rights to subscribe for or to receive such shares. The term includes bonds, debentures, notes or certificates, or other evidence of indebtedness, issued by any corporation, including those issued by a government or political subdivision thereof, with interest coupons or in registered form. [Sec. 22, NIRC, as amended]. 3. Written evidences of ownership, interest, or participation, in an enterprise, or written
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1043 evidences of indebtedness of a person or enterprise. It includes, but is not limited to the instruments enumerated in Sec. 2 of the Securities Act (CA 83, as amended). [Sec. 3, PD 129]. Securities and Exchange Commission (SEC). The national agency - originally created under Commonwealth Act No. 83 which supervises and monitors the securities industry and exercises jurisdiction and supervision over all corporations, partnerships or associations, which are the grantees of primary franchise and/or a license or permit issued by the government to operate in the Philippines. Securitization. The process by which assets are sold on a without recourse basis by the seller to a special purpose entity (SPE) and the issuance of asset-backed securities (ABS) by the SPE which depend, for their payment, on the cash flow from the assets so sold and in accordance with the plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. Security. Any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in
any profit-sharing agreement, collateral-trust certificate, pre-organization certificate or subscription transferable share, investment contract, votingtrust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known as a security or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. [Sec. 3, RA 2629]. Security Council. The organ of the United Nations primarily responsible for the maintenance of international peace and security. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 27]. Security interest. A property interest in goods, documents or instruments to secure performance of some obligations of the entrustee or of some third persons to the entruster and includes title, whether or not expressed to be absolute, whenever such title is in substance taken or retained for security only. [Sec. 3, PD 115].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1044 Security of tenure. The degree of protection afforded to qualified Program beneficiaries against infringement or unjust, reasonable and arbitrary eviction or disposition, by virtue of the right of ownership, lease agreement, usufruct and other contractual arrangements. [Sec. 3, RA 7279]. Sedition. Crim. Law. The felony committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects: 1. To prevent the promulgation or execution of any law or the holding of any popular election; 2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; 3. To inflict any act of hate or revenge upon the person or property of any public officer or employee; 4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and 5. To despoil, for any political or social end, any person, municipality or
province, or the National Government, of all its property or any part thereof. [Art. 139, RPC]. Seduction. That (which), in law, is more than mere sexual intercourse, or a breach of promise of marriage; it connotes essentially the idea of deceit, enticement, superior power or abuse of confidence on the part of the seducer to which the woman has yielded. [US v. Buenaventura, 27 Phil. 121; US vs Arlante, 9 Phil. 595]. Seed tree system. Partial clearcutting with seed trees left to regenerate the area. [Sec. 3, PD 705]. Seisin. The legal possession of property. In law, the term refers more specifically to the possession of land by a freeholder. For example, a owner of a building has seisin, but a tenant does not, because the tenant, although enjoying possession, does not have the legal title in the building. [Duhaime's Legal Dict., 2004]. Seizure. The act of taking possession of property, e.g., for a violation of law or by virtue of an execution. The term implies a taking or removal of something from the possession, actual or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1045 constructive, of another person or persons. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 707]. Seizure of evidence in plain view. Elements: (a) A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; (b) the evidence was inadvertently discovered by the police who had the right to be where they are; (c) the evidence must be immediately apparent, and (d) "plain view" justified mere seizure of evidence without further search. [People v. Aruta, GR 120915. Apr. 13, 1998]. Selective logging. The systematic removal of the mature, over-mature and defective trees in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil and water. [Sec. 3, PD 705]. Self-closing doors. Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire. [Sec. 3, PD 1185].
Self-contradiction. An admission is for a partyopponent what a selfcontradiction is to a witness, i.e., a statement made somewhere else, and inconsistent with his allegations of claim or defense in the case on trial. His two statements being inconsistent, one or the other must be incorrect; hence a doubt is thrown on his present allegation. He may be able to explain away the other and inconsistent statement; but unless he does so, the present allegation remains discredited. [Olave v. CA, GR L-39984. Apr. 30, 1987]. Self-dealing director, trustee or officer. A director, trustee or officer dealing with his own corporation. The contract of such corporation one or more of its director, trustee or officer is rendered voidable at the option of the corporation under Sec. 32 of the Corp. Code. Self-defense. 1. Crim. Law. The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another. [Glossary of Legal Terms (Pro-Se), 2004]. 2. Intl. Law. The right of a state to defend itself when it can show that
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1046 the use of force in its own defense is necessary, justified, and proportionate to the seriousness of the circumstances. [Intl. Law Dict. & Direct., 2004]. Self-defense. Essential requisites: (a) unlawful aggression on the part of the victim, (b) reasonable necessity of the means employed to repel the aggression, and (c) lack of sufficient provocation on the part of the accused. [People v. Obzunar, GR 92153. Dec. 16, 1996]. Self-determination. Intl. Law. The right of all peoples to freely determine their political status and freely pursue their economic, social, and cultural development. [Intl. Law Dict. & Direct., 2004]. Self-employed. 1. A person who works for himself and is therefore both employee and employer at the same time. [Sec. 1, RA 9241]. 2. Persons engaged in business and who derive their personal income from such business. This includes single proprietorships, i.e., manufacturers, traders, market vendors, owners of eateries, farmers and service shops. [Sec. 2, RA 7496]. Self-executing treaty. Intl. Law. A treaty containing a
term that says that it is directly effective within the signatory states upon ratification. [Intl. Law Dict. & Direct., 2004]. Self-gratification. Masturbation.
See
Self-help doctrine. The right of the owner or lawful possessor of a thing to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. [Art. 429, CC]. Self-incrimination, right against. 1. The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in under Art. III, Sec. 17 of the 1987 Phil. Const. which provides: “No person shall be compelled to be a witness against himself.” 2. A protection against testimonial compulsion. It prohibits the use of physical or moral compulsion to extort communications from the accused, not an exclusion of his body as evidence when it may be material. Essentially, the right is meant to “avoid and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1047 prohibit positively the repetition and recurrence of the certainly inhuman procedure of compelling a person, in a criminal or any other case, to furnish the missing evidence necessary for his conviction.” [People v. Codilla, GR 100720-23. June 30, 1993]. Self-judging reservation. Intl. Law. A reservation that allows a state to exclude from the jurisdiction of the International Court of Justice any dispute that it determines is a domestic matter. [Intl. Law Dict. & Direct., 2000]. Self-serving declarations. 1. Unsworn statements made by the declarant out of court and which are favorable to his interests. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 320]. 2. Self-serving declaration is a statement favorable to the interest of the declarant. It is not admissible in evidence as proof of the facts asserted. The vital objection to the admission of this kind of evidence is its hearsay character. Furthermore such declarations are untrustworthy; to permit their introduction in evidence would open the door to frauds and perjuries. [Fitzsimmons v. Atlantic, Gulf & Pacific Co., GR L-2016. Aug. 23, 1949, citing 20 Am.
Jur., Evid., Sec. 558, pp. 470, 471]. Compare with Declaration against interest. Self-serving evidence. Evidence made by a party out of court at one time; it does not include a party's testimony as a witness in court. It is excluded on the same ground as any hearsay evidence, that is the lack of opportunity for crossexamination by the adverse party, and on the consideration that its admission would open the door to fraud and to fabrication of testimony. [Natl. Devt. Co. v. Workmen's Compensation Comm., L-21724, Apr. 27, 1967, 19 SCRA 861]. Self-serving statements. Those made by a party out of court advocating his own interest; they do not include a party's testimony as a witness in court. Self-serving statements are inadmissible because the adverse party is not given the opportunity for cross-examination, and their admission would encourage fabrication of testimony. [Hernandez v. CA, GR 104874. Dec. 14, 1993]. Sell. To dispose of by sale. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 708].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1048 Sell a dangerous drug. The act of giving a dangerous drug, whether for money or any other material consideration. [Sec. 2, RA 6425]. Seller. 1. Consumer Law. A person engaged in the business of selling consumer products directly to consumers. It shall include a supplier or distributor if (a) the seller is a subsidiary or affiliate of the supplier or distributor; (b) the seller interchanges personnel or maintains common or overlapping officers or directors with the supplier or distributor; or (c) the supplier or distributor provides or exercises supervision, direction or control over the selling practices of the seller. [Art. 4, RA 7394]. 2. Securities Law. The person or entity which conveys to the special purpose entity (SPE) the assets forming the asset pool in accordance with the plan for securitization as approved by the SEC. In most instances, the Seller may itself be the Originator. [Sec. 3, RA 9267]. Selling of false or mutilated coin, without connivance. Crim. Law. The felony committed by the person who knowingly, although without connivance, shall possess
false or mutilated coin with intent to utter the same, or shall actually utter such coin. [Art. 165, RPC]. Semen. Legal Med. A viscid, albuminous fluid with faint grayish yellow color and fishy odor which transports the sperm through the vas deferens and the erect penis during sexual intercourse. [Olarte, Legal Med., 1st Ed. (2004), p. 125. Semi-commercial carabao production. The raising of twenty (20) to forty-nine (49) carabaos. [Sec. 3, RA 7307]. Semilla or seedling. A part of the fruit of the plant which produces it when it germinates under proper conditions. [People v. Mesias, 65 Phil., 267]. Semi-precious coral. Skeleton of anthozoan coelenterate characterized by a thorny, horny axis, such as the Antipatharians as represented by the black corals. [Sec. 3, PD 1219]. Semisueño. Sp. The legal term to denote a person who is half asleep, "semi" being the prefix meaning "half" or "partly," and "sueño" being "sleep, sleeping, drowsiness. [People v. Salarza, Jr., GR 117682. Aug. 18, 1997].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1049 Semolina. The purified middlings of durum or other hard wheat, used for macaroni and similar edible pastes; sezings or course middlings. [Farm Implement Machinery Co. v. Comm. of Customs, GR L-12613. May 30, 1962, citing Webster's Intl. Dict.]. Semper et ubique. Lat. At all times and everywhere. [Moreno’s Law Dict., 2000 Ed., p. 429]. Semper praesumitur pro matrimonio. Lat. Always presume marriage. [US v. Villafuerte and Rabano (1905), 4 Phil. 476; Son Cui v. Guepangco, 22 Phil. 216; US v. Memoracion and Uri (1916), 34 Phil. 633]. Senile cataract. The most common form of cataract occurring after the age of fifty due to aging or degenerative changes. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982].
it signifies only a general weakening of a mind previously normal. [Moreno’s Law Dict., 2000 Ed., p. 430]. Senior citizen. 1. Any person who is at least sixty (60) years of age. [Sec. 3, RA 7876]. 2. Any resident citizen of the Philippines at least sixty (60) years old, including those who have retired from both government offices and private enterprises, and has an income of not more than P60,000.00 per annum subject to review by NEDA every three (3) years. [Sec. 2, RA 7432]. Senior Citizens Center Act of the Philippines. RA 7876 entitled “An Act establishing a senior citizens center in all cities and municipalities of the Philippines, and appropriating funds therefor” enacted on Feb. 14, 1995.
Senile dementia. Childishness. In the first stages of the disease, a person may possess reason and have will power. [Torres v. Lopez, GR 24569. Feb. 26, 1926].
Senior encumbrancer. A lien or mortgage holder who is superior to another holder or encumbrancer. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Junior encumbrancer.
Senile psychosis. The term is not always synonymous with insanity as understood by the laity, for in medicine,
Senior lien. A prior lien which has precedence as to the property under the lien over another lien or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1050 encumbrance. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 708]. Compare with Junior lien. Senior mortgage. A mortgage which is of superior priority; above those which are often referred to as junior mortgages. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 708]. Compare with Junior mortgage. Sentence. 1. The punishment ordered by a court for a defendant convicted of a crime. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The punishment given to a person who has been convicted (i.e., found to be guilty) of a crime. It may be time in jail, community service or a period of probation. [Duhaime's Legal Dict., 2004]. Sentenciador. Referee. See Referee. Sentencia firme. Sp. Final judgment. [People v. Satorre, GR L-26282. Aug. 27, 1976]. Separability clause. A clause which states that if for any reason, any section or provision of the statute is held to be unconstitutional, the other section or provision of the law shall not
be affected thereby. [Suarez, Stat. Con., (1993), p. 51]. Separate opinion. An opinion written by one or more justices that may agree or dissent from the majority opinion. [Intl. Law Dict. & Direct., 2004]. Separation of property regime. The property relations during marriage where each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. [Art. 145, FC]. Separation pay. Labor. 1. A statutory right defined as the amount that an employee receives at the time of his severance from the service and is designed to provide the employee with the wherewithal during the period that he is looking for another employment. [Aquino v. NLRC, GR 87653, Feb. 11, 1992, 206 SCRA 118]. 2. The amount that an employee receives at the time of his severance from the service and is designed to provide the employee
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1051 with "the wherewithal during the period that he is looking for another employment.” [Santos v. NLRC, GR L76721. Sep. 21, 1987]. Septage. The sludge produced on individual onsite wastewater disposal systems, principally septic tanks and cesspools. [Sec 4, RA 9275]. Septicemia. Blood poisoning. [Carillo v. People, GR 86890. Jan. 21, 1994]. Septic tank. A water tight receptacle which receives the discharge of a plumbing system or part thereof, and is designed to accomplish the partial removal and digestion of the suspended solid matter in the sewage through a period of detention. [Sec. 71, PD 856]. Septic tank absorption bed or drain field. An underground system of pipes leading from the outlet of the septic tank, consisting of open-jointed or perforated pipes so distributed that the effluent from a septic tank is oxidized and absorbed by the soil. [Sec. 71, PD 856]. Sequester ill-gotten property. To place or cause to be placed under its possession or control said property, or any building or office wherein any such
property and any records pertaining thereto may be found, including "business enterprises and entities," — for the purpose of preventing the destruction, concealment or dissipation of, and otherwise conserving and preserving, the same — until it can be determined, through appropriate judicial proceedings, whether the property was in truth "illgotten," i.e., acquired through or as a result of improper or illegal use of or the conversion of funds belonging to the Government or any of its branches, instrumentalities, enterprises, banks or financial institutions, or by taking undue advantage of official position, authority, relationship, connection or influence, resulting in unjust enrichment of the ostensible owner and grave damage and prejudice to the State. [Bataan Shipyard Eng’g. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Sequestration. 1. The seizure of private property or assets in the hands of any person or entity in order to prevent the utilization, transfer or conveyance of the same for purposes inimical to national security, or when necessary to protect the interest of the Government or any of its instrumentalities. It shall
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1052 include the taking over and assumption of the management, control and operation of the private property or assets seized' [Reiterated in PD 1835 (AntiSubversion Law of 1981, repealed by PD 1975 prom. on May 2, 1985); Phil. Law Dict., Moreno, 1982 Ed., pp. 568-569]. 2. The taking of someone's property, voluntarily (by deposit) or involuntarily (by seizure), by court officers or into the possession of a third party, awaiting the outcome of a trial in which ownership of that property is at issue. [Duhaime's Legal Dict., 2004]. See Judicial deposit. Series. Classes of positions in an occupational group with similar specialized lines work that differ in the difficulty of duties and responsibilities and are assigned different grades. [Sec. 3, PD 985]. Serious. Important, weighty, momentous, and not trifling. [Buenaventura v. Benedicto, Adm. Case 137-J. Mar. 27, 1971]. Serious case. A condition of a patient characterized by gravity or danger wherein based on the objective findings of a prudent medical officer on duty for the day when left unattended to, may cause loss of life or
cause permanent disability to the patient. [Sec. 2, RA 8344]. Serious illegal detention. Elements: (a) That the offender is a private individual; (b) that he kidnaps or detains another, or in any manner deprives the latter of his liberty; (c) that the act of detention is illegal, not being ordered by any competent authority nor allowed by law; (d) that any of the following circumstances is present: (d.1) that the detention lasts for more than five (5) days; or (d.2) that it is committed by simulating public authority; or (d.3) that any serious physical injuries are inflicted upon the person kidnapped or threats to kill him shall have been made; or (d.4) that the person kidnapped or detained is a minor, female, or a public officer. [People v. Mercado, GR 65152, 30 Aug. 1984, 131 SCRA 501]. Serious injury. A significant impairment in the position of a domestic industry after evaluation by competent authorities of all relevant factor of an objective and quantifiable nature having a bearing on the situation of the industry concerned, in particular, the rate and amount of the increase in imports of the products
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1053 concerned in absolute and relative terms the share of the domestic market take by increased imports, change in level of sales, production, productivity, capacity utilization, profit and losses, and employment. [Sec. 4, RA 8800]. Seriously ill mothers. Those who are: with severe infections; in shock; in severe cardiac or respiratory distress; or dying; or those with other conditions that may be determined by the attending physician as serious. [Sec. 3, RA 7600]. Serious misconduct. Misconduct of such a grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must, nevertheless, be in connection with the employee's work to constitute just cause for his separation. [DOLE Manual, Sec. 4343.01, cited in Azucena, The Labor Code, Vol. II, Rev. Ed., 1996, p. 662]. Serious physical injuries. Crim. Law. The felony committed by any person who shall wound, beat, or assault another, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;
or the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged; or the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days; or if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. [Art. 263, RPC]. Service. Rem. Law. 1. The act of providing a party with a copy of the pleading or paper concerned. If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court. Where one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side. [Sec. 2, Rule 13, RoC]. 2. With
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1054 respect to repair and service firms, services supplied in connection with a contact for construction, maintenance, repair, processing, treatment or cleaning of goods or of fixtures on land, or distribution of goods, or transportation of goods. [Art. 4, RA 7394]. 3. An act or action, such as work rendered or performed for another. [Intl. Law Dict. & Direct., 2004]. Service and handling charge. A charge for expenses in procuring a loan which must be a reasonable or fair compensation for the actual expense or loss incurred or for the actual services rendered. [Moreno’s Law Dict., 2000 Ed., p. 431]. Service by mail. Rem. Law. Service by registered mail made by depositing the copy in the office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (l0) days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail. [Sec. 7, Rule 13, RoC].
Service contractor. Any person, partnership or corporation duly licensed by the secretary to recruit workers for its accredited projects or contracts overseas. [Sec. 2, RA 8042]. Service contracts. Infrastructure contracts entered into by any department, office or agency of the national government with private entities and non-government organizations for services related or incidental to the functions and operations of the department, office or agency concerned. [Claridades, A., Compilation of Notes, 2001-2006]. Service cooperative. One which engages in medical and dental care, hospitalization, transportation, insurance, housing, labor, electric light and power, communication and other services. [Art. 23, RA 6938]. Service enterprise. One engaged predominantly in the sale of services to individuals for their own or household use. [Sec. 1, PD 1634]. Service establishment. One primarily engaged in the sale of service to individuals for their own or household use
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1055 and is generally recognized as such. [Sec. 1, Rule 7, Book 3, IRR of LC]. Service fee. The amount charged by a licensee or authority holder from its foreign employerprincipal/partner as payment for actual services rendered in relation to the recruitment and employment of workers for said principal/partner. [Sec. 1, Rule 1, IRR of LC]. Service incentive leave. A leave of five days with pay to which every employee who has rendered at least one year of service shall be entitled. [Art. 95, LC]. Service mark. 1. A mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising. [Art. 188, RPC]. 2. A mark or symbol used to identify a person who provides services. [Intl. Law Dict. & Direct., 2004]. Service organization. An intergovernmental organization that carries on some particular program.
[Intl. Law Dict. & Direct., 2004]. Service of process. The delivery of writs, summonses, and subpoenas by delivering them to the party named in the document. Also referred to as Service. [Glossary of Legal Terms (Pro-Se), 2004]. Service provider. A provider of: I. Online services or network access or the operator of facilities therefor including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of the user's choosing; or II. The necessary technical means by which electronic documents of an originator may be stored and made accessible to designated or undesignated third party. [Sec. 5, RA 8792]. Servicer. The entity designated by the special purpose entity (SPE) to collect and record payments received on the assets, to remit such collections to the SPE, and perform such other services as may be specifically required by the SPE, excluding asset management or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1056 administration. [Sec. 3, RA 9267]. Services. 1. Those services that are the subject of a consumer transaction, either together with, or separate from any kind of personal property, whether tangible or intangible. [Art. 4, RA 7394]. 2. The duties, work or functions performed or discharged by a government officer, or by a private person contracted by the government, as the case may be. [Sec. 1, PD 426]. Service sectors. Any parts of the economy involving the performance of a service. [Intl. Law Dict. & Direct., 2004]. Services rendered under compulsion in payment of debt. Crim. Law. The felony committed by any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer. [Art. 274, RPC]. Servient estate. The immovable which is subject to the easement. [Art. 613, CC]. See Dominant estate. Servitude. From Lat. servitudo: slavery. A right to the use of another's property. [Intl. Law Dict. &
Direct., 2000]. Easement.
See
also
Set-off. A counterclaim demand which the defendant holds against the plaintiff, arising out of a transaction extrinsic of plaintiff’s cause of action. A claim filed by a defendant against the plaintiff when sued and in which he seeks to cancel the amount due from him or to recover an amount in excess of the plaintiff’s claim against him. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 713]. Setting fire to property exclusively owned by the offender. The offense committed if the property burned shall be the exclusive property of the offender, or, if the arson shall have been committed for the purpose of defrauding or causing damage to another, or, prejudice shall actually have been caused, or if the thing burned shall have been a building in an inhabited place. [Art. 326, RPC]. Settlement. An agreement between the parties disposing of a lawsuit. [Glossary of Legal Terms (Pro-Se), 2004]. Settlor. The person who sets up a trust. Also referred to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1057 as Grantor. [Glossary of Legal Terms (Pro-Se), 2004]. Several obligation. One by which one individual binds himself to perform the whole obligation. [Ronquillo v. CA, GR L-55138. Sep. 28, 1984, citing 39 Words & Phrases, Permanent Ed., p. 72]. Severance. Labor. The termination of contractual association (as employment). [Marcopper Mining Corp. v. NLRC, GR 83207. Aug. 5, 1991, citing Webster's 3rd New Intl. Dict., 1969 Ed. p. 2081]. Severance pay. Labor. 1. An allowance usually based on length of service that is payable to an employee on severance except usually in case of disciplinary discharge. [Marcopper Mining Corp. v. NLRC, GR 83207. Aug. 5, 1991, citing Webster's 3rd New Intl. Dict., 1969 Ed. p. 2081]. 2. Compensation due an employee upon the severance of his employment status with the employer. [Ibid, citing 48 Am. Jur. 2d., Labor and Labor Relations 1242]. Sewage. Water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, building, institutions, industrial and commercial establishments
together with such groundwater, surface water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to receive or retain waste or other places or the combination thereof. [Sec 4, RA 9275]. Sewerage. Any system or network of pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to a point of disposal. [Sec 4, RA 9275]. Sex impulse. Legal Med. An irresistible desire to sexual perversion. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Sex tourism. A program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1058 members of the [Sec. 3, RA 9208].
military.
Sexual anaesthesia. Legal Med. The absence of sexual desire. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Sexual congress. Carnal knowledge. Sexual intercourse. [Claridades, A., Compilation of Notes, 20012006]. Sexual exploitation. Participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's vulnerability. [Sec. 3, RA 9208]. Sexual harassment. 1. A work, education or trainingrelated offense committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of RA 7877. [Sec. 3, RA 7877]. 2. A term used in human rights legislation and referring primarily to harassment in employment situations, related to sex or gender, which detrimentally affects the working environment. The most overt variation of sexual harassment is the quid pro quo offer of work-favor in exchange for sexual favor. [Duhaime's Legal Dict., 2004]. Sexual intercourse. 1. Carnal copulation of a male and a female usually implying actual penetration of the organs of the former and latter. [People v. Batis, GR 94188-89. Dec. 17, 1992, citing Black's Law Dict., 4th Ed., p. 1541]. 2. Penetration of a man's penis into a woman's vagina. [Duhaime's Legal Dict., 2004]. Sexually transmitted diseases (STD). Any disease that may be acquired or passed on through sexual contact. [Sec. 4, RA 8496]. Sexual relations. A single sexual act which may or may not result in the bearing of a common child. [Sec. 3, RA 9262].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1059 Sexual violence. An act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; c) Prostituting the woman or child. [Sec. 3, RA 9262]. Shabu. Methamphetamine hydrochloride or man's cocaine.
See Poor
Shall. A word of command, and one which has always or which must be given a compulsory meaning, and-it is generally imperative or mandatory. It has the invariable significance of
operating to impose a duty which may be enforced, particularly if public policy is in favor of this meaning or when public interest is involved, or where the public or persons have rights which ought to be exercised or enforced, unless a contrary intent appears. [Perez v. CA, GR 118870. Mar. 29, 1996]. Shallow tube well (STW). A tube or shaft vertically set into the ground for the purpose of bringing ground water to the soil surface from a depth of less than 20 meters by suction lifting. [Sec. 4, RA 8435]. Sham. Something false or empty purporting to be genuine. [Moreno’s Law Dict., 2000 Ed., p. 433]. Shameless. An adjective which connotes having or showing no feeling of shame, modesty or decency; brazen or impudent. [Moreno’s Law Dict., 2000 Ed., p. 433]. Share. A portion of a company bought by a transfer of cash in exchange for a certificate, the certificate constituting proof of share ownership. Persons owning shares in a company are called shareholders. There are two basic kinds of shares: common and preferred. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1060 Share cropper. (Leasehold) Tenant. [Toledo v. Court of Agrarian Relations, GR L16054. July 31, 1963]. Shared governance agreement. Intl. Law. An agreement by which two or more states share in the governance of a territory. [Intl. Law Dict. & Direct., 2000]. Shareholder. 1. The term includes a member in an association, joint-stock company, or insurance company. [Sec. 22, NIRC, as amended]. 2. The owner of a share interest in a company. [Intl. Law Dict. & Direct., 2004]. Also known as Stockholder. Shareholder agreement. A contract between the shareholders of the company and the company itself, in which certain things, usually the purview of the board of directors, are detailed. For example, a shareholder might be allowed to manage the company, instead of a board of directors. The shareholder agreement will also, typically, control inflows to the company (purchase of shares), how profits are to be distributed, dispute resolution and what to do if a shareholder dies. [Duhaime's Legal Dict., 2004].
Share in escrow. Corp. Law. A share subject to an agreement by virtue of which the share is deposited by the grantor or his agent with a third person to be kept by the depositary until the performance of a certain condition or the happening of a certain event contained in the agreement. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63, citing cannon v. Handley, 12 P. 315]. Share of stock. Corp. Law. One of the proportionate integers or units of the capital stock, and in the interest or right which the owner or holder thereof has in the management of the corporation and to share in the profits and in the property and assets thereof on dissolution, after payment of the corporate debts and obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 254]. See also Stock. Share tenancy. The relationship which exists whenever two persons agree on a joint undertaking for agricultural production wherein one party furnishes the land and the other his labor, with either or both contributing any one or several of the items of production, the tenant cultivating the land
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1061 personally with the aid of labor available from members of his immediate farm household, and the produce thereof to be divided between the landholder and the tenant. [Sec. 166, RA 3844]. Share tenancy. Also Agricultural lease relationship. Elements: (a) The parties are the landowner and the tenant or agricultural lessee; (b) the subject matter of the relationship is agricultural land; (c) there is consent between the parties to the relationship; (d) the purpose of the relationship is to bring about agricultural production; (e) there is personal cultivation on the part of the tenant or agricultural lessee, and (f) the harvest is shared between the landowner and the tenant or agricultural lessee. [Cuaño v. CA, GR 107159. Sep. 26, 1994]. Share tenant. A person who, himself and with the aid available from within his immediate farm household, cultivates the land belonging to or possessed by another, with the latter's consent, for purposes of production, sharing the produce with the landholder. [Delos Reyes v. Espineli, GR L-28280-81. Nov. 28, 1969].
Shari'a. Arabic. Jurisprudence. 1. The term has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of RA 6848, it is construed by reference to pertinent Quranic ordinances and applicable rules in Islamic jurisprudence on business transactions. [Sec. 44, RA 6848]. 2. The Islamic legal system. It is based upon principles found in the Koran and related writings. [Intl. Law Dict. & Direct., 2004]. Shari'a District Courts and Shari'a Circuit Courts. Courts of limited jurisdiction created as part of the judicial system to exercise powers and functions in accordance with Title I, Book IV of PD 1083 or the "Code of Muslim Personal Laws of the Philippines." Shelter-care institution. An institution that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses. [Art. 117, PD 603].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1062 Sheltered employment. The provision of productive work for disabled persons through workshops providing special facilities, income-producing projects or homework schemes with a view to giving them the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. [Sec. 4, RA 7277]. Shepardizing. Method for finding subsequent development of a legal theory by tracing status of a case as legal authority. [Glossary of Legal Terms (Pro-Se), 2004]. Sheriff. The executive officer of a local court. [Jurist’s Legal Dict., 2004]. Sheriff’s return. An official statement by a public official in the performance of a duty especially enjoined by law and is prima facie evidence of the facts therein stated. [Moreno’s Law Dict., 2000 Ed., p. 433]. Shifting. The transfer of the burden of a tax by the original payer or the one on whom the tax was assessed or imposed to another or someone else. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53, citing Seligman, The Shifting and
Incidence of Taxation (1910), p. 1]. Ship. Any kind, class or type of craft or artificial contrivance capable of floating in water, designed to be used, or capable of being used as a means of water transport in the domestic trade for the carriage of passengers or cargo, or both, utilizing its own motive power or that of another. [Sec. 3, RA 9295]. See Vessel. Ship agent. One who represents the ownership of the vessel, and who may, in his own name and in such capacity, take judicial and extrajudicial steps in matters relating to commerce. [Comm. of Int. Rev. v. US Lines Co., GR L-16850. May 30, 1962, citing Art. 595, Code of Commerce]. Shipbuilder or Ship repairer. A citizen of the Philippines, or a commercial partnership owned by majority of Filipinos or a corporation incorporated under the laws of the Philippines, the capital of which is owned or controlled in any proportion by Filipinos or by foreign nationals, or by both such Filipinos or foreign nationals, or by corporations whether Filipino or foreignowned, which is duly authorized by the Maritime
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1063 Industry Authority (MARINA) to engage in the business of shipbuilding or ship repair or to otherwise operate a shipyard, graving dock or marine repair yard. [Sec. 3, RA 9295]. Shipbuilding. The design, construction, launching and outfitting of all types of ships and watercraft. [Sec. 3, RA 9295]. Shipbuilding and drydocking. The construction of vessels, tugboats, barges, tankers, and all component parts related to the industry, including dredging and drydocking equipment. [Sec. 2, RA 4095]. Ship mortgage decree of 1978. PD 1521 signed into law on June 11, 1978. Shipper. Any person, partnership or corporation who shall procure for itself the services of a domestic ship operator for the carriage of its cargo in the domestic trade upon payment of proper compensation. [Sec. 3, RA 9295]. Shipper’s order. Terms in a bill of lading which means that the cargo therein is consigned only to the shipper or to its assignee. Therefore, the goods can only be released upon
presentation of the original bill of lading by the consignee or its assignee. [Moreno’s Law Dict., 2000 Ed., p. 434]. Ship repair. The overhaul, refurbishment renovation improvement, or alteration of the hull, machineries, equipment, outfits and components of all types of ships. [Sec. 3, RA 9295]. Shipyard. The shipbuilding or re-pair facilities which have the capability to lift vessels above the waterline in order to effect ship work on vessels, appendages, structure, machinery and equipment. [Sec. 3, RA 9295]. Shore. That space alternately covered and uncovered by the movement of the tide. Its interior or terrestrial limit is the line reached by the highest equinoctial tides. Where the tides are not appreciable, the shore begins on the land-side at the line reached by the sea during ordinary storms or tempests. [Amada v. Dir. of Lands, GR 6866. Aug. 31, 1912]. Shortswing transaction. Securities Law. A transaction where a person buys securities and sells or disposes of the same within a period of six (6) months.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1064 [Suggested Answer for the 1994 Bar, UPLC, (2002), p. 108]. Short-term paper. Any note, draft, bill of exchange, or banker's acceptance payable on demand or having a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof payable on demand or having a maturity likewise limited; and such other classes of securities, of a commercial rather than an investment character, as the Securities and Exchange Commission may designate by rules and regulations. [Sec. 3, RA 2629]. Shutdown. Labor. The willful act of the employer himself, following a complete lockout as contrasted to the compulsory stoppage of operations as a result of a strike and walkout. It can truly be said that all shutdowns are lockouts, but not all lockouts constitute or effect shutdowns. [Sta. Mesa Slipways & Eng’g. Co., Inc. v. CIR, GR L-4521. Aug. 18, 1952, citing Rethenberg, Labor Rel., pp. 58-59]. Compare with Lockout. Sic utere tuo ut alienum non laedas. Lat. So use your property as not to injure the property of others.
[Lim v. Pacquing, 115044. Jan. 27, 1995].
GR
SID code. See Source identification code. Sideline. A local idiom which means an “ancillary activity.” [De Guzman v. CA, GR L-47822. Dec. 22, 1988]. Siga-siga. Tag. Tough characters. [People v. Peña, GR L-36435. Dec. 20, 1977]. Also Maton. Signature. From Lat. signare: to mark. The name of a person written by that person, or any distinctive mark meant to authenticate a writing. [Intl. Law Dict. & Direct., 2004]. Signature by "procuration". Nego. Inst. It operates as notice that the agent has but a limited authority to sign, and the principal is bound only in case the agent in so signing acted within the actual limits of his authority. [Sec. 21, NIL]. Significant cave. A cave which contains materials or possesses features that have archaeological, cultural, ecological, historical or scientific value as determined by the DENR in coordination with the scientific community and the academe. [Sec. 3, RA 9072].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1065 Silent partner. A person who invests in a company or partnership but does not take part in administering or directing the organization; he just shares in the profits or losses. [Duhaime's Legal Dict., 2004]. Silviculture. The establishment, development reproduction and care of forest trees. [Sec. 3, PD 705]. Simbolica, traditio. Traditio simbolica.
See
Simple annual rate. The uniform percentage which represents the ratio, on an annual basis, between the finance charges and the amount to be financed. It is not the measure of the total amount that is allowed to be added to the cash price. [Emata v. IAC, GR 72714. June 29, 1989]. Simple donation. One the cause of which is pure liberality (no strings attached). [De Luna v. Abrigo, GR 57455. Jan. 18, 1990]. Compare with Remuneratory donation or Onerous donation. Simple illegal possession. The sole, simple act of a person who shall, among others, unlawfully possess any firearm (or) ammunition.
Obviously, possession of any firearm is unlawful if the necessary permit and/or license therefor is not first obtained. To that act is attached the penalty of reclusion temporal, maximum, to reclusion perpetua. The gravamen of the offense in its simplest form is, basically, the fact of possession of a firearm without license. [People v. Caling, GR 94784. May 8, 1992]. Compare with Aggravated illegal possession of firearm.. Simple illegal possession of firearm, ammunition or explosive. Illegal possession of firearm, ammunition or explosive where no other offense is committed with the use of such firearm, ammunition or explosive. [Sec. 1, PD 1745]. Simple imprudence. It consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. [Art. 365, RPC]. Simple interest. That which is paid for the principal or sum lent, at a certain rate or allowance, made by law or agreement of parties. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1066 Compare with interest.
Compound
Simple loan or mutuum. Money or other consumable thing, delivered by one of the parties to another, upon the condition that the same amount of the same kind and quality shall be paid. [Art. 1933, CC]. Simple negligence. A mere lack of prevision in a situation where either the threatened harm is not immediate or the danger not openly visible. [People v. Vistan, 42 Phil. 112-113 (1921)]. Simple Resolution. A formal motion passed by a majority of a single legislative chamber. Examples: Resolution to extend sympathy on the death of a member; Resolution to express thanks to anyone; Resolution to create a committee. [Suarez, Stat. Con., (1993), p. 59]. Simple seduction. The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit. [Art. 338, RPC]. Compare with Qualified seduction. Simple state. Intl. Law. A state where the direction of
domestic and foreign affairs is placed in a central authority. An example is the Philippines. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. Compare with Composite state. Simple substitution. Also common or vulgar substitution. The designation by the testator of one or more persons to substitute the heir or heirs instituted in case such heir or heirs should die before him, or should not wish, or should be incapacitated to accept the inheritance. [Art. 859, CC]. Simplified net income taxation. A tax scheme for the self-employed and professionals engaged in the practice of their profession under the NIRC. [RA 7496]. Simulated marriage. A marriage lacking the essential elements which, before the eyes of the law, is not a marriage at all. [Moreno’s Law Dict., 2000 Ed., p. 435]. Simulation. 1. Assumption of appearance which is feigned, false, deceptive, or counterfeit. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 720]. 2. Simulation may be absolute or relative. [Art. 1345, CC]. See Absolute
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1067 simulation and simulation.
Relative
Simulation of a contract. The fact that the apparent contract is not really desired or intended to produce legal effects or in any way alter the juridical situation of the parties. Thus, where a person, in order to place his property beyond the reach of his creditors, simulates a transfer of it to another, he does not really intend to divest himself of his title and control of the property; hence, the deed of transfer is but a sham. [Felix Vda. De Rodriguez v. Rodriguez, GR L-23002. July 31, 1967]. Simulation of birth. The tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status. [Sec. 3, RA 8552]. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. Crim. Law. The felony committed by any person who shall simulate births, substitute one child for another, or conceal or abandon any legitimate child with intent
to cause such child to lose its civil status, or any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the foregoing crimes. [Art. 347, RPC]. Sine animo revertendi. Lat. Without any intention of returning. [Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9, 1916]. Sine die. Lat. Adjourned without giving any future date of meeting or hearing. A court that adjourns sine die essentially dismisses the case by saying that it never wants to hear the case again! A meeting which adjourns sine die has simply not set a date for it's next meeting. [Duhaime's Legal Dict., 2004]. Sine spe recuperandi. Lat. Without any hope of recovering. [Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9, 1916]. Singapore import parity (SIP). The deemed landed cost of a petroleum product imported from Singapore at a free-on-board price equal to the average Singapore Posting for that product at
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1068 the time of loading. [Sec. 4, RA 8479]. Singapore posting. The price of petroleum products periodically posted by oil refineries in Singapore and reported by independent international publications. [Sec. 4, RA 8479]. Single cab chassis. A motor vehicle with complete engine power train and chassis equipped with a cab that has a maximum of two (2) doors and only (1) row of seats. [RA 9224]. Single-family attached. A dwelling containing two or more separate living units each of which is separated from another by party or lot lines walls and provided with independent access, services, and use of land. Such dwellings shall include duplexes, row houses or terraces, and cluster housing. [Sec. 3, BP 220]. Single-family detached. A dwelling for one family which is completely surrounded by permanent open spaces, with independent access, services, and use of land. [Sec. 3, BP 220]. Single larceny doctrine. The taking of several things, whether belonging to the same or different owners, at the same time and place
constitutes but one larceny. [Defensor-Santiago v. Garchitorena, GR 109266. Dec. 2, 1993]. Single renvoi. The referral by the forum court to the conflict rules of a foreign state, but not to that state's renvoi rules. This may result in a reference back to the forum's domestic law (remission) or a reference to the domestic law of a third state (transmission). [Tetley, Glossary of Conflict of Laws, 2004]. Sin perjuicio decision. Rem. Law. A decision which does not contain a statement of the facts which are essential to a clear understanding of the issues presented by the respective parties as to the facts involved. [Dir. of Lands v. Sanz, 45 Phil. 117, 121 (1923)]. Site description location. The exact location of the property being appraised situated in a certain locality by way of the technical descriptions on the land title (TCT) aside from the address mentioned where it is situated. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Situation. Intl. Law. The initial stage of a dispute where the disagreement has not yet ripened into an
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1069 actual conflict or where the issues have not yet been sufficiently formulated and defined. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 119]. Situs of taxation. It literally means a place of taxation; the country that has the power and jurisdiction to levy and collect the tax. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 7]. Situs rule. See Source rule. Situs theory. Also Eclectic theory. The capacity, legal condition, or status of an individual should be governed not necessarily by the law of his nationality but by the law of the place (situs) where an important element of the problem occurs or is situated. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 209]. Sixty (60) day freedom period. Labor. The last sixty (60) days of the collective bargaining agreement (CBA) during which a petition for the conduct of a certification election may be filed by a legitimate labor organization. Any petition filed before or after the sixty-day freedom period shall be dismissed outright. [Sec. 6, Rule V of LC]. SK. Sangguniang Kabataan.
Skill. The acquired and practiced ability to carry out a task or job. [Sec. 4, RA 7796]. Skills development. The process through which learners and workers are systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area. [Sec. 4, RA 7796]. Skills standards. A level or graduated levels of proficiency generally accepted by industry in specific jobs, tasks, trades or occupations. [Sec. 1, Rule 1, Book 2, IRR of LC]. Sky rocket. Also called Kwitis. A large version of a baby rocket designed to be propelled to a height of forty (40) to fifty (50) feet before exploding. [Sec. 2, RA 7183]. Slander. 1. The speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood. [Victorio v. CA, GR 32836-37. May 31, 1989, citing 33 Am. Jur. 39]. 2. Spoken defamation which tends to injure a person's reputation. [Glossary of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1070 Legal Terms 2004]. See Libel defamation.
(Pro-Se), or Oral
Slander by deed. Crim. Law. The felony committed by any person who shall perform any act not included and punished in Title 13 of the Rev. Penal Code, which shall cast dishonor, discredit or contempt upon another person, or even if said act is not of a serious nature. [Art. 359, RPC]. Slavery. Crim. Law. 1. The felony committed by anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him, or for the purpose of assigning the offended party to some immoral traffic. [Art. 272, RPC]. 2. When a person (called "master") has absolute power over another (called "slave") including life and liberty. The slave has no freedom of action except within limits set by the master. The slave is considered to be the property of the master and can be sold, given away or killed. [Duhaime's Legal Dict., 2004]. Slight illegal detention. Crim. Law. The felony committed by any private individual who shall commit the crimes described in Art. 267 of the Rev. Penal Code
without the attendance of any of circumstances enumerated therein, or by anyone who shall furnish the place for the perpetration of the crime, or by the offender who shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him. [Art. 268, RPC]. Slight physical injuries. Crim. Law. The felony committed when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period, or when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. [Art. 266, RPC]. Slow ahead. A maritime maneuver equivalent to five to six miles per hour. [Moreno’s Law Dict., 2000 Ed., p. 437]. Slowdown. Labor. A strike on the installment plan. A willful reduction in the rate of work by concerted action of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1071 workers for the purpose of restricting the output of the employer, in relation to a labor dispute; as an activity by which workers, without a complete stoppage of work, retard production or their performance of duties and functions to compel management to grant their demands. [Ilaw at Buklod ng Manggagawa v. NLRC, GR 91980. June 27, 1991]. Sludge. Any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant, water supply treatment plant, or water control pollution facility, or any other such waste having similar characteristics and effects. [Sec 4, RA 9275]. Sluice box. A rectangular, wooden launder provided with side walls and cross pieces of sawn lumber or round poles, metallic screen jute cloth or a combination of both, on its floor to retain gold. [Sec. 12, PD 1150]. Sluicing. Recovering gold by the use of sluice boxes. [Sec. 12, PD 1150]. Slum community. Also Depressed community. The term referred to in P.D. 2016 cannot be considered additional beneficiaries of the Urban Land Reform Law (PD 1517) but merely
additional places or properties covered under the said law. Slum Improvement and Resettlement Program (or SIR). The program of the National Housing Authority (NHA) of upgrading and improving blighted squatter areas outside of Metro Manila pursuant to existing statutes and pertinent executive issuances. [Sec. 3, RA 7279]. Small agricultural producer. Any selfemployed individual who, by himself or with his family, provides the primary labor requirement of his business enterprise or one who earns at least fifty percent (50%) of his gross income from the payment, proceeds or income of the labor he provides. [Sec. 4, RA 7607]. Small and medium enterprise (SME). Any business activity or enterprise engaged in industry, agribusiness and/or services, whether single proprietorship, cooperative, partnership or corporation whose total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, must have value falling under the following
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1072 categories: Micro: not more than P1,500,000; Small: P1,500,001 to P15,000,000; and Medium: P15,000,001 to P60,000,000. [Sec. 4, RA 8435]. Small cattle. Also known as Ganado lanar y cabrio. The terms lanar and cabrio refer to sheep and goats, respectively. [[People v. Nazareno, GR L-40037. Apr. 30, 1976, citing Velasquez, Spanish and English Dict., 1967 Ed., p. 124, 354, 421 and 115]. Small farmers. Natural persons dependent on smallscale subsistence farming as their primary source of income and whose sale, barter or exchange of agricultural products do not exceed a gross value P180,000 per annum based on 1992 constant prices. [Sec. 4, RA 7607]. Small farmers and fisherfolk. Natural persons dependent on small-scale subsistence farming and fishing activities as their primary source of income. [Sec. 4, RA 8435]. Smallholder farmer. A farmer owning or cultivating five (5) hectares or less of farmland. [Sec. 3, RA 7307]. Small property owners. Those whose only real
property consists of residential lands not exceeding three hundred square meters (300 sq. m.) in highly urbanized cities and eight hundred square meters (800 sq. m.) in other urban areas. [Sec. 3, RA 7279]. Small savers instrument (SSI). An evidence of indebtedness of the Government of the Republic of the Philippines which shall be in small denominations and sold at a discount from its redemption value, payable to bearer and redeemable on demand according to a schedule printed on the instrument, with a discount lower than the full stated rate if not held to maturity. The resources generated under this scheme shall be used primarily for micro-credit for the poor. SSIs are not eligible as legal reserve of banks and legal reserves prescribed of insurance companies operating in the Philippines. [Sec. 3, RA 8425]. Small-scale fishing. Municipal fishing.
See
Small-scale mining. Mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1073 equipment. 7076].
[Sec.
3.
RA
Small-scale mining contract. Co-production, joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land. [Sec. 3. RA 7076]. Small-scale mining contractor. An individual or a cooperative of small-scale miners, registered with the SEC or other appropriate government agency, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people's small-scale mining area. [Sec. 3. RA 7076]. Smelting. Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals. [Sec. 3, PD 1185]. Smoking. The act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhale or smoked. [Sec. 4, RA 9211]. SNITS. Simplified net income taxation scheme. Social barriers. characteristics
The of
institutions, whether legal, economic, cultural, recreational or other, any human group, community, or society which limit the fullest possible participation of disabled persons in the life of the group. Social barriers include negative attitudes which tend to single out and exclude disabled persons and which distort roles and inter-personal relationships. [Sec. 4, RA 7277]. Socialized and economic housing. A type of housing project provided to moderately low income families with lower interest rates and longer amortization periods. [Sec. 3, BP 220]. Socialized housing. Housing pro-grams and projects covering houses and lots or homelots only undertaken by the Government or the private sector for the underprivileged and homeless citizens which shall include sites and services development, longterm financing, liberalized terms on interest payments, and such other benefits in accordance with the provisions of the law. [Sec. 3, RA 7279]. Social justice. It is “neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1074 and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all governments on the timehonored principle of salus populi est suprema lex. Social justice, therefore, must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all persons, and of bringing about 'the greatest good to
the greatest number.” [Justice Laurel in Calalang v. Williams, 70 Phil., 726]. Social legislation. Laws that pro-vide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 8]. Social reform. The continuing process of addressing the basic inequities in Filipino society through a systematic, unified and coordinated delivery of socio-economic programs or packages. [Sec. 3, RA 8425]. Social Reform and Poverty Alleviation Act. RA 8425 entitled “An Act institutionalizing the social reform and poverty alleviation program, creating for the purpose the National Anti-Poverty Commission, defining its powers and functions, and for other purposes” enacted on Dec. 11, 1997. Social Security Act of 1987. RA 8282 entitled “An Act further strengthening the Social Security System thereby amending for this purpose Republic Act No. 1161, as amended, otherwise known as the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1075 Social Security Law” enacted on May 1, 1997. Social Security System (SSS). The Social Security System created under RA 1161, as amended. [Sec. 1, RA 9241]. Social work. The profession which is primarily concerned with organized social service activity aimed to facilitate and strengthen basic social relationships and the mutual adjustment between individuals and their social environment for the good of the individual and of society. [Sec. 1, RA 4373]. Social work agency. A person, corporation or organization, private or governmental, that engages mainly and generally, or represents itself to engage in social welfare work, whether casework, group work, or community work, and obtains its finances, either totally or in part, from any agency or instrumentality of the government and/or from the community by direct or indirect solicitations and/or fund drives, and/or private endowment. [Sec. 1, RA 4373]. Social worker. A practitioner who by accepted academic training and social work professional experience
possesses the skill to achieve the objectives as defined and set by the social work profession, through the use of the basic methods and techniques of social work (casework, group work, and community organization) which are designed to enable individuals, groups and communities to meet their needs and to solve the problems of adjustment to a changing pattern of society and, through coordinated action, to improved economic and social conditions, and is connected with an organized social work agency which is supported partially or wholly from government or community solicited funds. [Sec. 1, RA 4373]. Sociedad anonima. Sp. Anonymous partnership. [Reyes v. Compañia Maritima, GR 1133. Mar. 29, 1904]. Socio-culturally sound. The consideration of the social structure of the community such as leadership pattern, distribution of roles across gender and age groups, the diversity of religion and other spiritual beliefs, ethnicity and cultural diversity of the population. [Sec. 4, RA 8435].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1076 Sodomy. 1. Anal copulation by sexual deviants or copulation with a beast. [Olarte, Legal Med., 1st Ed. (2004), p. 117]. 2. Unnatural sex acts, including copulation, either between two persons of the same sex or between a person and an animal (the latter act is known as bestiality). [Duhaime's Legal Dict., 2004]. Solar month. month.
See
Civil
Solemn contracts. Contracts which the law itself requires to be in some particular form (writing) in order to make them valid and enforceable. [Dauden-Hernaez v. Delos Angeles, GR L-27010. Apr. 30, 1969]. Sole practitioners. The term lawyers who practice alone are often called. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Solicitation Permit Law. PD 1564 entitled “Amending Act No. 4075, otherwise known as the Solicitation Permit Law” signed into law on June 11, 1978. Solicitor. A lawyer that restricts his practice to the giving of legal advice and does not normally litigate. [Duhaime's Legal Dict., 2004].
Solicitor General. The principal law officer and legal defender of the (Philippine) Government. [Sec. 34, Chap. 12, EO 292]. Solidary. Jointly and/or severally; individually and/or collectively; in solidum. [Diaz, Bus. Law Rev., 1991 Ed., p. 26]. Solidary co-debtors. Debtors either of whom is indispensable and are not even indispensable parties because complete relief may be obtained from either. Compare with Joint debtor. Solidary or joint and several obligation. An obligation in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation. [Inciong v. CA, GR 96405. June 26, 1996, citing Tolentino, Civil Code of the Phil., Vol. IV, 1991, Ed., p. 217]. Compare with Joint obligation. Solo parent. Any individual who falls under any of the following categories: (a) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child; (b) parent left solo or alone with the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1077 responsibility of parenthood due to death of spouse; (c) parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year; (d) parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner; (e) parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children; (f) parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children; (g) parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year; (h) unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution; (i) any other person who solely provides parental care and
member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. [Sec. 3, RA 8972]. Solutio indebiti. 1. A civil law concept whereby the obligation to return something arises if it was received when there is no right to demand it, and it was unduly delivered through mistake. [Art. 2154, CC]. 2. A tie or juridical relation which, by virtue of a payment of what is not due, made through mistake, is created between the person who paid and the one who received the payment, compelling the latter in consequence thereof, to return what he has received. [Torres, Oblig. & Cont., 2000 Ed., p. 291, citing 12 Manresa, p. 588]. 3. It is one of the concrete manifestations of the ancient principle that no one shall unjustly enrich himself at the expense of another. [Velez v. Balzara, 73 Phil. 630]. Solutio indebiti. Requisites: (a) That something has been received when there was no right to demand it and (b) the same was unduly delivered through mistake. [PNB v. CA, GR 97995. Jan. 21, 1993].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1078 Solvency. Ability to pay debts as they mature. Ability to pay debts in the usual and ordinary course of business. Excess of assets over liabilities. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 723]. Solvent bank. One in which its assets exceed its liabilities. [Banco Filipino Savings and Mortgage Bank v. The Monetary Board, GR 70054. Dec. 11, 1991]. SONA. State of the Nation Address. So ordered. The phrase which court decisions generally contain. A decision, however, is valid and binding when it clearly and distinctly states the findings of facts and conclusions of law on which it is based. The phrase "so can very well be omitted in a decision without affecting its integrity and validity. [Nillo v. CA, GR 54079. June 29, 1989]. Sorcery. The use of power gained from the assistance or control of evil spirits, especially for divining; divination by black magic; necromancy; witchcraft. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Sound recording. The fixation of the sounds of a
performance or of other sounds, or representation of sound, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work. [Sec. 202, RA 8293]. Sound value. Also Net appraised value. The value per appraisal computed by deducting observed depreciation from appraised value. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Source. The word conveys only one idea, that of origin. [Manila Gas Corp. v. Coll. Of Int. Rev., GR 42780. Jan. 17, 1936]. Source identification code (SID code). A system of codes to identify the source of all optical media mastered, manufactured or replicated by any establishment or entity. [Sec. 3, RA 9239]. Source of an income. The property, activity or service that produced the income. [Howden and Co., Ltd. v. Coll. of Int. Rev., 13 SCRA 601 (1965)]. Source rule. Also Situs rule. Taxation of taxable items by the country of source or location. [Comm. of Int. Rev. v. Procter & Gamble Phil., GR
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1079 66838. Dec. 2, 1991]. Compare with Domiciliary or nationality principle. Sovereign. It has two meanings. The first one is a technical word for the monarch (king or queen) of a particular country as in "the Sovereign of England is Queen Elizabeth." The other meaning of the word is to describe the supreme legislative powers of a state: that they are totally independent and free from any outside political control or authority over their decisions. [Duhaime's Legal Dict., 2004]. Sovereign equality of states principle. Under the principle, one state cannot assert jurisdiction over another in violation of the maxim par in parem non habet imperium (an equal has no power over an equal). [Jusmag v. NLRC, GR 108813. Dec. 15, 1994, citing Cruz, Phil. Pol. Law, 1991 Ed., p. 29]. Sovereign immunity. The doctrine that the government, state or federal, is immune to lawsuit unless it give its consent. [Glossary of Legal Terms (Pro-Se), 2004]. Sovereign immunity, classical or absolute theory of. According to the
classical or absolute theory, a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign. [USA v. Ruiz, 136 SCRA 487 (1987)]. Sovereign immunity, newer or restrictive theory of. According to the newer or restrictive theory, the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis. [USA v. Ruiz, 136 SCRA 487 (1987)]. Sovereign or state immunity. Doctrine that municipal courts must decline to hear suits against foreign sovereigns. [Intl. Law Dict. & Direct., 2004]. Sovereignty. Pol. Law. The right to exercise the functions of a State to the exclusion of any other State. It is often referred to as the power of imperium, which is defined as the government authority possessed by the State. On the other hand, dominion, or dominium, is the capacity of the State to own or acquire property such as lands and natural resources. [Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR 135385, Dec. 6, 2000].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1080 Sovereignty of the skies principle. Intl. Law. Assertion made by states that they have complete and exclusive sovereignty over the airspace above their territories. [Intl. Law Dict. & Direct., 2004]. Sower in bad faith. A sower who sows knowing that the land does not belong to him and that he has no right to sow thereon. [Moreno’s Law Dict., 2000 Ed., p. 439]. Spaghetti. A variety of alimentary paste made in cords of small diameter but larger than vermicelli and solid (not tubular as in macaroni). [Farm Implement Machinery Co. v. Comm. of Customs, GR L-12613. May 30, 1962, citing Webster's Intl. Dict.]. Spanish Crown titles. Titles granted by the Spanish Crown are: (a) the titulo real or royal grant, (b) the concession special or special grant; (c) the "the composicion con el estado" title or adjustment title; (d) the titulo de compra or title by purchase and (e) the informacion possessoria or possessory information title which could become a "titulo gratuito" or a gratuitous title. [Dir. of Forestry v. Muñoz, GR L-25459. June 28, 1968].
Spare parts. 1. The replacement parts or components of vessel, including but not limited to its hull, engines, machineries, equipment, appurtenances, necessaries accessories, article, supplies, materials, steel plates, aluminum plates, other metal plates, communications, equipment, and other parts or components thereof, installed abroad the ships necessary for its safe and efficient navigation and operation. [Sec. 3, RA 9295]. 2. Also Manufactured components. Any article designed or manufactured for the special purpose of being used or to replace, a component or integral part of a machine, equipment, vehicle or industrial plant and which by reason of some characteristics is generally classified as capital goods and, is primarily adapted for use a component part of such machines, equipment, vehicles or industrial plant, as may be allowed by any implementing rules and regulations. [Sec. 12, PD 1419]. 3. Metallic parts exclusively for railroad rolling stocks, irrigation and waterworks equipment, mining equipment, farm machineries, gasoline and diesel engines. [Sec. 2, RA 4095].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1081 Sparklers. Pyrotechnic devices usually made of black powder on a piece of wire or inside a paper tube designed to light up and glow after igniting. [Sec. 2, RA 7183]. Sparrow unit. The liquidation squad of the New People's Army with the objective of overthrowing the duly constituted government. [People v. Dasig, GR 100231. Apr. 28, 1993]. Special. Designed for a particular purpose; confined to a particular purpose, object, person, or class and is, therefore, the antonym of general. [Rep. v. Asuncion, GR 108208. Mar. 11, 1994, citing Black's Law Dict. 1397 (6th Ed., 1990)]. Special administrator. 1. The person appointed by the court, when there is delay in granting letters testamentary or of administration by any cause including an appeal from the allowance or disallowance of a will, to take possession and charge of the estate of the deceased until the questions causing the delay are decided and executors or administrators appointed. [Sec. 1, Rule 80, RoC]. 2. The representative of decedent appointed by the probate court to care for and preserve his estate until an
executor or general administrator is appointed. [Jones v. Minnesota Transfer R. Co. 1965 ed., at 106 cited in Fule v. CA, 74 SCRA 189]. Special agency. An agency that comprises all the business of the principal. [Art. 1876, CC]. Compare with General agency. Special agent. A public official, who must not only be specially commissioned to do a particular task but that such task must be foreign to said official's usual governmental functions. A private individual commissioned by the government for a special governmental task. [Fontanilla v. Maliaman, GR 55963. Dec. 1, 1989]. Special appropriations bill. A bill (in Congress) which specifies the purpose for which it is intended, and is supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein. [Sec. 25(4), Art. VI, 1987 Const.]. Compare with General appropriations bill. Special assessment. Taxation. An enforced proportional contribution from owners of lands especially or peculiarly
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1082 benefited by public improvements. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 16]. Special crossed check. A check on which are placed two parallel lines diagonally on the left top portion of the check and between such lines is written the name of a bank or a business institution, in which case the drawee should pay only with the intervention of that bank or company. [State Investment House v. IAC, GR 72764. July 13, 1989]. Compare with General crossed check. Special crossing. The crossing of a check where the name of a bank or a business institution is written between the two parallel lines, which means that the drawee should pay only with the intervention of that company. [Associated Bank v. CA, GR 89802. May 7, 1992]. Compare with General crossing. Special day. A special holiday, as provided by the Administrative Code of 1987. [Associated Labor Unions (ALU)-TUCP v. LetrondoMontejo, GR 111988. Oct. 14, 1994]. Special deposit. A delivery of money or other property to a bank for safe-keeping
and return in kind (the same kind). Title to the thing deposited remains in the depositor, and the bank becomes his agent, bailee, or trustee. [Moreno’s Law Dict., 2000 Ed., p. 440]. Special Economic Zone Act of 1995, The. RA 7916 entitled “An Act providing for the legal framework and mechanisms for the creation, operation, administration, and coordination of special economic zones in the Philippines, creating for this purpose, the Philippine Economic Zone Authority (PEZA), and for other purposes” enacted on Feb. 24, 1995. Special economic zones (SEZ). Selected areas with highly developed or which have the potential to be developed into agroindustrial, industrial, tourist/ recreational, commercial, banking, investment and financial centers. An Ecozone may contain any or all of the following: industrial estates (IEs), export processing zones (EPZs), free trade zones, and tourist/recreational centers. [Sec. 4, RA 7916]. Special indorsement. Nego. Inst. An indorsement that specifies the person to whom, or to whose order, the instrument is to be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1083 payable, and the indorsement of such indorsee is necessary to the further negotiation of the instrument. [Sec. 34, NIL]. Special injury. Material, moral and physical injury sustained by a property owner and members of his family, and not shared by the general public, by reason of a public nuisance. [Moreno’s Law Dict., 2000 Ed., p. 440]. Specialization. Training to consolidate, deepen and broaden skills and knowledge for a particular task, function or aspect of a worker's occupation. [Sec. 1, Rule 1, Book 2, IRR of LC]. Specialized agencies. International bodies which, while not part of the United Nations, have been brought into close contact with it because of their purposes and functions. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 24]. Special judgment. A judgment that requires the performance of an act other that (a) the payment of money; and (b) the sale of real property. [Claridades, A., Compilation of Notes, 2001-2006]. Special law. A law which is different from others of the
same general kind or design for a particular purpose or limited in range or confined to a prescribed field of action or operation. [Moreno’s Law Dict., 2000 Ed., p. 440]. Special motion. A motion addressed to the discretion of the court. [Claridades, A., Compilation of Notes, 20012006]. Special or secondary franchise. The right vested in the corporation which may ordinarily be conveyed or mortgaged under a general power granted to a corporation to dispose of its property, except such special or secondary franchises as are charged, with a public use. [JRS Business v. Imperial Ins., GR L-19891. July 31, 1964]. Compare with Primary or corporate franchise. Special packaging. A packaging that is designed or constructed to be significantly difficult for children five years of age to open or to obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time. [Art. 4, RA 7394].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1084 Special proceeding. A remedy by which a party seeks to establish a status, a right, or a particular fact. [Sec. 3(c), Rule 1, RoC]. Special project or undertaking. Under Art. 280 of the Labor Code, it contemplates an activity which was commonly or habitually performed or such type of work which is not done on a daily basis but only for a specific duration of time or until the completion of the project. The services employed are thus necessary or desirable in the employer's usual business only for the period of time it takes to complete the project. Without the performance of such services on a regular basis, the employer's main business is not expected to grind to a halt. [Tucor Industries, Inc. v. NLRC, GR 96608-09. May 20, 1991]. Special project training. An organized activity or sets of activities in aid of human resources development which do not fall squarely under any of the previously described types of activities. [Sec. 1, Rule 1, Book 2, IRR of LC]. Special Protection of Children Against Abuse, Exploitation and
Discrimination Act. RA 7610 entitled “An Act providing for stronger deterrence and special protection against child abuse, exploitation and discrimination, and for other purposes” enacted on June 17, 1992. Special purpose corporation (SPC). A juridical person created in accordance with the Corporation Code of the Philippines solely for the purpose of securitization and to which the Seller makes a true and absolute sale of assets. [Sec. 3, RA 9267]. Special purpose entity (SPE). Either a special purpose corporation (SPC) or a special purpose trust (SPT). [Sec. 3, RA 9267]. Special purpose trust (SPT). A trust administered by an entity duly licensed to perform trust functions under the General Banking Law, and created solely for the purpose of securities and to which the Seller makes a true and absolute sale of assets. [Sec. 3, RA 9267]. Special purpose vehicle. A motor vehicle designed for specific application such as cement mixer, fire truck, boom truck, ambulance and/or medical unit, and offroad vehicles for heavy
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1085 industries and not for the recreational activities. [RA 9224]. Special retainer. A fee for a particular case or specific service to be performed by a lawyer. [Moreno’s Law Dict., 2000 Ed., p. 441]. Special statute. A statute which relates to particular persons, entities or things of a class. E.g.: Child and Youth Welfare Code. [Suarez, Stat. Con., (1993), p. 96]. Compare with General statute. Special time allowance for loyalty. A deduction of onefifth of the period of the sentence granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Art. 58 of the Rev. Penal Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said Article. [Art. 98, RPC]. Special time deposit. A deposit made with the express understanding that the same shall be kept for some definite period of time. This is diametrically opposed to the nature of loan. [Moreno’s Law Dict., 2000 Ed., p. 441].
Specialty contractor. A person whose operations pertain to the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts. [Sec. 9, RA 4566]. Specialty principle. Intl. Law. By this principle, a fugitive may be tried or punished only for a crime specified in the extradition treaty and in the request for extradition. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 116]. Specific aggravating circumstances. Those which apply to a particular felony like cruelty in crimes against persons. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112]. Specification. 1. Property. The giving of a new form to material belonging to another, such as when grapes belonging to one person are converted to wine by another, or marble of one person is made into a statue by another. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 99]. 2. Prop. Mgt. Technical description of supplies or property being requisitioned or ordered, which should be clear and complete, including if necessary, the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1086 specific uses therefor and how acceptability thereof can be determined. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Specific denial. The specification by a defendant of each material allegation of fact the truth of which he does not admit and, whenever practicable, the setting forth of the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial. [Sec. 10, Rule 8, RoC]. Specific performance. 1. A remedy available to a person who has the right to demand from another the performance of an obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. A remedy requiring a person who has breached a contract to perform specifically what he has agreed to do. Specific performance is ordered when damages would be
inadequate compensation. [Glossary of Legal Terms (Pro-Se), 2004]. 3. A court order directing a party to carry out the obligations it had contractually promised to do. [Intl. Law Dict. & Direct., 2004]. Specific tax. 1. Tax of a fixed amount imposed by the head or number, or by some standard of weight or measurement; it requires no assessment (valuation) other than a listing or classification of the objects to be taxed. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 14, citing 51 Am. Jur. 53]. 2. A type of excise tax which is imposed and based on weight or volume capacity or any other physical unit of measurement. [Comm. of Int. Rev. v. Mobile Phil. Inc., GR 104920. Apr. 28, 1994]. Compare with Ad valorem tax. Specific undertaking. Labor. A special type of venture or project whose duration is coterminous with the completion of the project. [Beta Electric Corp. v. NLRC, GR 86408. Feb. 15, 1990]. Speculate. To enter into a business transaction or venture from which the profits or return are conjectural because the undertaking is outside of the ordinary course of business
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1087 to purchase or sell with the expectation of profiting by anticipated, but conjectural, fluctuations in price; often in a somewhat depreciative sense, to engage in hazardous business transaction for the chance of an unusually large profit; as to speculate in coffee, in sugar or in bank stock. [Ortega v. Orcine, GR L28317. Mar. 31, 1971, citing Webster's Intl. Dict., 2nd Ed. p. 2417]. Speculative securities. They include all securities to promote or include the sale of which profit, gain, or advantage unusual in the ordinary course of legitimate business is in any way advertised or promised. [Sec. 1 , Act 2581]. Speech, freedom of. The liberty to know, to utter and to argue freely according to conscience, above all liberties. It thus includes, not only the right to express one's views, but also other cognate rights relevant to the free communication of ideas, not excluding the right to be informed on matters of public concern. [Osmeña v. Garcia, GR 132231. Mar. 31, 1998]. Speedy disposition of cases. The right which is broader than speedy trial and applies to civil, criminal
and administrative cases. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 228-229]. Compare with Speedy trial. Speedy trial. 1. A trial conducted according to the law of criminal procedure and the rules and regulations, free from vexatious, capricious and oppressive delays. [Flores v. People, 61 SCRA 331 (1974)]. 2. A trial conducted according to the law of criminal procedure and the rules and regulations, free from vexatious, capricious, and oppressive delays. [Kalaw v. Apostol, GR 45591. Oct. 15, 1937]. Compare with Speedy disposition of cases. Speedy Trial Act of 1998. RA 8493 entitled “An Act to ensure a speedy trial of all criminal cases before the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court, appropriating funds therefor, and for other purposes” enacted on Feb. 12, 1998. Speedy trial, right to. The right of the accused to be free from vexatious, capricious, and oppressive delays, its salutary objective being to assure that an innocent person may be free from anxiety and expense of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1088 a court litigation or, if otherwise, of having his guilt determined within the shortest possible time compatible with the presentation and consideration of whatever legitimate defense he may interpose. [People v. Jardin, 124 SCRA 167, 173; Andres v. Cacdac, 113 SCRA 216]. Speleogem. Relief features on the walls, ceilings and floor of any cave or lava tube which are part of the surrounding bedrock, including but not limited to anastomoses, scallops, meander niches, petromorphs and rock pendants in solution caves and similar features unique to volcanic caves. [Sec. 3, RA 9072]. Speleothem. Any natural mineral formation or deposit occurring in a cave or lava tube, including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone or formation of clay or mud. [Sec. 3, RA 9072]. Spendthrift. 1. One who squanders his substance for the pleasure of the fleeting moment. [Dir. of Lands v. Abanzado, GR L-21814. July 15, 1975]. 2. On e who spends money profusely and improvidently; a prodigal;
one who lavishes or wastes his estate. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 727]. Sperm. Legal Med. A living organism consisting of a head, neck and tail which carries the man’s genes and is made in the testes and stored in the seminal vesicles. During sexual intercourse, the sperm is transported along with a fluid called semen through the vas deferens and the erect penis. [Olarte, Legal Med., 1st Ed. (2004), p. 125]. Split jurisdiction. Two judicial bodies exercising jurisdiction over an essentially the same subject matter — a situation analogous to split jurisdiction which is obnoxious to the orderly administration of justice. [Benguet Corp. v. Leviste, GR 65021. Nov. 21, 1991]. Splitting. 1. Division or breaking up of requisition or order into separate requisitions or orders, of smaller quantities and amounts, to avoid review and/or induce approval thereof by higher authorities. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Dividing or breaking up into separate parts or portions, or an act resulting in a fissure, rupture, breach. Within the sphere of government
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1089 procurement, splitting is associated with requisitions, purchase orders, deliveries and payments. [Fonacier v. Sandiganbayan, GR L-50691. Dec. 5, 1994].
and outside the scope of his employment. [Herrera, Rem. Law, 1999 Ed., p. 307, citing Walsh v. Hunt, 120 Cal. 46, p. 115]. Compare with Alteration or amendment.
Splitting a single cause of action, effect of. If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. [Sec. 4, Rule 2, RoC].
Sponcion or sub speratii. Intl. Law. An undertaking by a person in behalf of his state, not specifically empowered to center into it. It is an agreement by an officer not possessing proper authority, and may require ratification or express acceptance by the State to render it effective. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), pp. 494-495].
Splitting of cause of action. The practice of dividing one cause of action into different parts and making each part subject of a separate complaint. [Albano, Rem. Law Reviewer, 1st Ed., p. 75]. Splitting of payments. It arises when two or more payments for one or more items involving one purchase order are made in order to avoid inspection of deliveries; avoid action, review or approval by higher authorities; (or) avoid public bidding. [Fonacier v. Sandiganbayan, GR L-50691. Dec. 5, 1994]. Spoliation. A change shown to have been made by one who was the agent of one of the parties, but without the express or implied authority,
Sponsorship. Any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur without such contribution. [Sec. 4, RA 9211]. Spontaneous exclamation. A statement or exclamation made immediately after some exciting occasion by a participant or spectator and asserting the circumstances of that occasion as it is observed by him. [People v. Sanchez, GR 74740. Aug. 28, 1992]. Spontaneous statements. Evid. Statements made by a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1090 person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof. [Sec. 42, Rule 130, RoC]. Compare with Verbal acts. Sports car. A high-powered vehicle, usually a two-seater, especially manufactured for speed. [Sec. 1, PD 843]. Spouse. One’s wife or husband. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 728]. Sprinkler system. An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire. [Sec. 3, PD 1185]. Spurious children. 1. Illegitimate children other than natural. [Claridades, A., Compilation of Notes, 20012006]. 2. Children whose father, at the time of their conception, could not marry the mother, because he was already married to another woman, and who therefore fall within the category of illegitimate children other than natural in Art. 287 of the Civil Code. [Moreno’s Law Dict., 2000 Ed., pp. 442-
443]. Compare with Natural children. Spy. Intl. Law. An individual who, acting clandestinely, or on false pretenses, obtains or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138]. Squatter. One who settles on the land of another without any legal authority. This term is applied particularly to person who settle on the public land. [Buenavente v. Melchor, GR L-33145. Mar. 30, 1979, citing 3 Mart. La. U.S. 293]. Squatters. Individuals who, without necessarily employing violence, either physical or moral, and taking advantage of the absence or tolerance of land owners, succeed in occupying their properties for residential purposes. [Rep. v. Vda. De Caliwan, GR L-16927. May 31, 1961]. Squatting. Elements: (a) That there be occupation or a taking of possession of property for residential, commercial or any other purposes, and (b) that in occupying or taking possession of the property, the offender did so by force,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1091 intimidation or threat or by taking advantage of the absence or tolerance of its owner and against his will. [Jumawan v. Eviota, GR 85512-13. July 28, 1994]. Squatting syndicates. Groups of persons engaged in the business of squatter housing for profit or gain. [Sec. 3, RA 7279]. Stabilize. The provision of necessary care until such time that the patient may be discharged or transferred to another hospital or clinic with a reasonable probability that no physical deterioration would result from or occur during such discharge or transfer. [Sec. 2, RA 8344]. Stable. Firmly established. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997, citing Webster, New 3rd Intl. Dict., 1993 Ed., p. 2218]. Stab wounds. The phrase is used generically to include all wounds that may be caused "by weapons such as knives, scissors, threecornered files, or ice picks with a circular shaft, all possessing a sharp point but having blades of different shapes. Stabbing may be done with an ice pick and the puncture is correctly called a stab wound. [People
v. Espinosa, GR 72883. Dec. 20, 1989]. Stale check. A check where there has been unreasonable delay by the holder in presenting it for payment. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 383]. Stale demand. See Laches. Stalking. An intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. [Sec. 3, RA 9262]. Stall. A shed where goods or merchandise are stored or exposed for sale whether on wholesale or retail. It cannot be different from a store or shop where goods are deposited and sold by one engaged in selling and buying goods. [Moreno’s Law Dict., 2000 Ed., p. 443]. Standard. 1. A set of conditions to be fulfilled to ensure the quality and safety of a product. [Art. 4, RA 7394]. 2. A gauge which has been established by authority, custom or common acceptance as proper and adequate for a given purpose. [IRR on
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1092 Supply & Prop. Mgt., per Sec. 383, LGC]. Standard of proof. Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his case by such standards of proof as a preponderance of evidence or clear and convincing evidence. [Glossary of Legal Terms (Pro-Se), 2004]. See Burden of proof. Standards. Voluntary guidelines that specify the same things that technical regulations mandatorily specify. [Intl. Law Dict. & Direct., 2004]. Standby letter of credit. A letter of credit obtained by a buyer naming the seller as a beneficiary. [Intl. Law Dict. & Direct., 2004]. Standing. The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit. [Glossary of Legal Terms (Pro-Se), 2004]. Standing committee. A term of parliamentary law which refers to those committees which have a continued existence; that are not related to the accomplishment of a specific, once-only task as
are ad hoc or special committees. Standing committees generally exist as long as the organization to which it reports exists. [Duhaime's Legal Dict., 2004]. Standpipe system. A system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlets as needed. [Sec. 3, PD 1185]. Stare decisis. Lat. To stand by decisions. 1. The common law principle which obliges an inferior court to follow the clear findings in law of a superior court of the same jurisdiction. Supreme courts and inferior courts may also hold themselves bound by their own decisions. Nota bene: Stare decisis is an abbreviation of the full Latin maxim, Stare decisis et non quieta movere, meaning “stand by decisions and do not disturb the calm." [Tetley, Glossary of Conflict of Laws, 2004]. 2. A basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, the courts will apply that decision in cases which subsequently come before it embodying the same set of facts. A precedent which is binding; must be followed.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1093 [Duhaime's 2004].
Legal
Dict.,
Stare decisis et no movere. Lat. Follow past precedent and do not disturb what has been settled. [Torillo v. Leogardo, Jr., GR 77205. May 27, 1991]. Stare decisis et non quieta movere. Lat. Stand by decisions and do not disturb the calm; From settled precedents, there must be no departure. 1. This legal maxim has evolved out of an ancient practice of subscribing to well-settled precedents and if the law is able to attain some degree of permanence or stability, it is also because of the judicial adherence to precedents. 2. To stand by decisions and not disturb settled matters. [Dioquino v. Cruz, GR L-38579. Sep. 9, 1982]. State. Intl. Law. 1. Those groups of people which have acquired international recognition as an independent country and which have four characteristics; permanent and large population with, generally, a common language; a defined and distinct territory; a sovereign government with effective control; and a capacity to enter into relations with other states (i.e., recognized
by other states). [Duhaime's Legal Dict., 2004]. 2. A political entity comprising a territory, a population, a government capable of entering into international relations, and a government capable of controlling its territory and peoples. [Intl. Law Dict. & Direct., 2004]. State. Elements: (a) People; (b) territory; (c) government; and (d) sovereignty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 23]. State continuity principle. Intl. Law. It means that the legal existence of a state continues notwithstanding changes in the size of its population or territory or in the form of leadership of its government. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 38]. Stated installments. Nego. Inst. Installments whereby the sum as well the date when each and every installment is due are stated on them face of the instrument. [Claridades, A., Compilation of Notes, 20012006]. State immunity. Sovereign immunity.
See
Statelessness. The condition or status of an individual who is born without any nationality or who loses his nationality without retaining
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1094 or acquiring another. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 107]. Stateless person. A person who is not considered as a national by any State under the operation of its law. [Frivaldo v. Comelec, GR 120295. June 28, 1996, citing Yorac, Phil. Treaty; Series, Vol. III, 363]. Statement. In a general sense, an allegation; a declaration of matters of fact. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 732]. Statement in mortis. See declaration.
articulo Dying
Statement of facts. Rem. Law. That part of the appellant's brief which shall contain a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record. [Sec. 13, Rule 44, RoC]. Statement of the case. Rem. Law. That part of the appellant's brief which shall contain a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed
rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy, with page references to the record. [Sec. 13, Rule 44, RoC]. Statement of votes. 1. A machine-generated document containing the votes obtained by candidates in each precinct in a city/municipality. [Sec. 2, RA 8436]. 2. A document containing detailed entries of the votes obtained by each candidate in each of the precincts in a municipality or in each of the municipalities in a province. [Sec. 2, RA 8046]. State of necessity acts. The acts of a person amounting to interference with a thing the ownership of which belongs to another who has no right to prohibit the same if such is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him. [Art. 432, CC]. State of Address
the Nation (SONA). The
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1095 address delivered by the President before the joint session of Congress at the opening of its regular session. [Claridades, A., Compilation of Notes, 20012006]. State practice. Intl. Law. The conduct and practices of states in their dealings with each other. [Intl. Law Dict. & Direct., 2004]. State responsibility. Intl. Law. Liability of a state for the injuries that it causes to foreign persons. [Intl. Law Dict. & Direct., 2004]. State responsibility doctrine. Intl. Law. 1. The doctrine which holds a state responsible for any injury sustained by an alien within its jurisdiction because of an international wrong imputable to it. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 109]. Stateroom. A commodious room on shipboard, usually for a captain or superior ship’s officer. [Moreno’s Law Dict., 2000 Ed., p. 444]. State succession principle. Intl. Law. The substitution of one state by another, the latter taking over the rights and some of the obligations of the former. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 39].
State witness. Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in RA 6981 and by the Department of Justice, shall be admitted into the Witness Protection Program whenever the following circumstances are present: (a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws; (b) there is absolute necessity for his testimony; (c) there is no other direct evidence available for the proper prosecution of the offense committed; (d) his testimony can be substantially corroborated on its material points; (e) he does not appear to be most guilty; and (f) he has not at any time been convicted of any crime involving moral turpitude. [Sec. 10, RA 6981]. State witness. Requisites: (a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) there is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1096 accused; (c) the testimony of said accused can be substantially corroborated in its material points; (d) said accused does not appear to be the most guilty; (e) said accused has not at any time been convicted of any offense involving moral turpitude. Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence. [People v. Quiming, GR 92847. May 21, 1993]. Statistical improbability doctrine. Also known as Lagumbay doctrine. [Lagumbay v. Comelec (16 SCRA 175 (1966)]. The doctrine may be stated as follows: Any election return which on the basis exclusively of data found on its face appears to be obviously and patently false is nothing but a manufactured return which should not be accorded any prima facie value as evidence of the result of the count and should be disregarded in the canvass. [Separate Opinion, Barredo, J., Sinsuat v. Pendatun, GR L31501. June 30, 1970]. Status. A legal personal relationship, not temporary
in nature nor terminable at the mere will of the parties, with which third persons and the state are concerned. [Kawasaki Port Service Corp. v. Amores, GR 58340. July 16, 1991, citing Holzer v. Deutsche Reichsbahn Gesellschaft, 290 NYS 181]. Status quo. The last actual peaceable uncontested status which preceded the pending case. [Phil. Virginia Tobacco v. de los Angeles, GR L-27829, Aug. 19, 1988, 164 SCRA 543; Bataclan v. CA, GR 78148, July 31, 1989, 175 SCRA 764]. Status quo ante litem motam. Lat. The last actual, peaceable, non-contested status. [Lim v. Pacquing, GR 115044. Jan. 27, 1995, Annotation, 15 ALR 2d 237]. Statute. 1. Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature. [Glossary of Legal Terms (Pro-Se), 2004]. 2. Intl. Law. Sometimes termed as “Constitution”. A certain type of multilateral instrument in the nature of an organic act, dealing with the establishment of an international organ. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1097 Statute of frauds. 1. The purpose of the statute is to prevent fraud and perjury in the enforcement of obligations depending for their evidence on the unassisted memory of witnesses by requiring certain enumerated contracts and transactions to be evidenced by a writing signed by the party to be charged. It was not designed to further or perpetuate fraud. It makes only ineffective actions for specific performance of the contracts covered by it; it does not declare them absolutely void and of no effect. [Asia Prod. Co., v. Paño, GR 51058. Jan. 27, 1992]. 2. Contracts entered into in violation of thereof are simply unenforceable and the requirement that they — or some note or memorandum thereof — be in writing refers only to the manner they are to be proved. [see Art. 1403, par. 2, CC]. 3. It is applicable only to executory contracts. [Facturan v. Sabanal, 81 Phil. 512], not to contracts that are totally or partially performed [Almiro v. Monserrat, 48 Phil. 67, 70]. Statute of limitations. 1. A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives
rise to the right to sue. [Glossary of Legal Terms (Pro-Se), 2004]. The law that bars the institution of an action against another after the lapse of the period prescribed therefore. 2. Acts of grace, a surrendering by the sovereign of its right to prosecute. They receive a strict construction in favor of the Government and limitations in such cases will not be presumed in the absence of clear legislation. [Lim v. CA, GR 48134-37. Oct. 18, 1990, citing Black's Law Dict., 4th Ed., p. 1077]. 3. Statute which provides that the rights to require of others the fulfillment of their obligations prescribe after a certain period of time, in order that it may serve alike as a punishment for those who do not know how to look after their own interests, and as a source of reassurance to those who may have rested in the belief that their creditors had waived their rights, and also to insure economic stability and the certainty of rights. [Lutero v. Siuliong and Co., 54 Phil. 272, 280]. Statute of non-claims. Spec. Pro. 1. The time for the filing of claims against the estate, which shall not be more than twelve (12) nor less than six (6) months after the date of the first publication of the notice. All
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1098 claims for money against the decedent, arising from contract, express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expenses for the last sickness of the decedent, and judgment for money against the decedent, must be filed within the time limited in the notice; otherwise they are barred forever, except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. [Sec. 2 and 5, Rule 86, RoC]. 2. A definite period fixed by law within which claims against the estates of deceased persons must be presented to insure the speedy settling of the affairs of a deceased person and the early delivery of the property of the estate into the hands of the persons entitled to receive it. [Estate of De Dios, 24 Phil. 573]. 3. Its purpose it to settle the affairs of the estate with dispatch, so that the residue may be delivered to the persons entitled thereto without their being afterwards called upon to respond in actions for claims, which, under the ordinary statute of limitations, have not yet prescribed. [Santos v. Manarang, GR 8235. Mar. 19, 1914].
Statutory. Relating to a statute; created or defined by a law. [Glossary of Legal Terms (Pro-Se), 2004]. Statutory construction. 1. The art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law [Caltex (Philippines) Inc. v. Palomar, GR L-19650. Sep. 29, 1966, citing Black, Interpretation of Laws, p. 1]. 2. Process by which a court seeks to interpret the meaning and scope of legislation. [Glossary of Legal Terms (Pro-Se), 2004]. Statutory law. Laws promulgated by Congress. [Jurist’s Legal Dict., 2004]. Compare with Case law and Common law. Statutory minimum wage. The lowest wage rate fixed by law that an employer can pay his workers. [IRR, RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. Statutory rape. Crim. Law. The felony committed when a man has carnal knowledge of a woman who is under
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1099 twelve (12) years of age. [Art. 335 (3), RPC]. Statutory rape. Elements: (a) That the accused had sexual intercourse with the offended party; and (b) that the latter was below twelve years of age at the time of the coitus. [Art. 335 (3), RPC]. Statutory taxpayer. The person who must pay the tax to the government; the one on whom the tax is formally assessed. He is the subject of the tax. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53]. Stay. 1. A court order halting a judicial proceeding. [Glossary of Legal Terms (Pro-Se), 2004]. 2. A procedure whereby a court does not dismiss an action or dismisses it conditionally on grounds of forum non conveniens but retains jurisdiction and calls on the plaintiff to take suit in the more convenient forum. The conditions are usually that the defendant agrees to appear in the foreign court within a certain delay, accept jurisdiction there and agree to any final judgment. [Tetley, Glossary of Conflict of Laws, 2004]. Stay of execution. A temporary period during which the execution of
judgment of the court is postponed. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. STD. See Sexually transmitted diseases. Stealth. Any secret, sly, or clandestine act to avoid discovery and to gain entrance into or remain within residence of another without permission. [Sumulong v. CA, GR 108817. May 10, 1994,citing Black's Law Dictionary, 5th Ed., 1267]. Stemmed leaf tobacco. Leaf tobacco which has had the stem or midrib removed. The term does not include broken leaf tobacco. [Sec. 140, NIRC, as amended]. Stepson. A son brought by a spouse to the new marriage or a son by a former marriage of his parent, now in the subsequent union. [Madueño v. Cabanatuan Lumber Co., GR 47978. Oct. 31, 1941]. Stimson doctrine. Intl. Law. 1. The doctrine that forbids recognition of any government set up through external aggression. [Sandoval, Pol. Law Reviewer 2003]. 2. A doctrine formulated by US Secretary of State Stimson in 1932. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1100 Stipulation. 1. An agreement between the parties to a contract or lawyers. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. An agreement between the parties involved in a suit regulating matters incidental to trial. [Glossary of Legal Terms (Pro-Se), 2004]. Stipulation of facts. An agreement, admission, or concession made in a judicial proceeding by the parties or their attorneys, regarding some matters incidental thereto for the purpose of avoiding delay, trouble and expense. [Moreno’s Law Dict., 2000 Ed., p. 446]. Stipulation pour atrui. Stipulation in favor of a third person. 1. A stipulation in favor of a third person who may demand its fulfillment, provided he communicated his acceptance to the obligor before its revocation. An incidental benefit or interest, which another person gains, is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. [Art. 1311, CC]. 2. Stipulation in a contract in favor of a third person conferring upon him a clear and deliberate favor upon him, and which stipulation is merely a part of a contract entered into by the parties,
neither of whom acted as agent of the third person, and such third person may demand its fulfillment provided that he communicates his acceptance to the obligor before it is revoked. Stipulation pour atrui. Requisites: (a) The stipulation in favor of a third person must be a part of the contract, and not the contract itself; (b) the favorable stipulation should not be conditioned or compensated by any kind of obligation; and (c) neither of the contracting parties bears the legal representation or authorization of the third party. [Florentino v. Encarnacion, 79 SCRA 192, 201, Sep. 30, 1977]. Stirpes. Lat. The offspring of a person; his or her descendants. For example, inheriting per stirpes means having a right to a deceased's estate because one happens to be a descendant of the deceased. [Duhaime's Legal Dict., 2004]. Stock. Also Share of stock. 1. The term includes the share in an association, jointstock company, or insurance company. [Sec. 22, NIRC, as amended]. 2. One of the units into which the capital stock is divided. [De Leon,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1101 Corp. Code of the Phil. Annotated, 1989 Ed., p. 56]. Stock and transfer book. The book in which must be kept a record of all stocks in the names of the stockholders alphabetically arranged; the installments paid and unpaid on all stock for which subscription has been made, and the date of payment of any installment; a statement of every alienation, sale or transfer of stock made, the date thereof, and by and to whom made; and such other entries as the by-laws may prescribe. [Sec. 74, Corp. Code]. Stockbroker. All persons whose business it is, for themselves as such brokers or for other brokers, to negotiate purchases or sales of stock, bonds, exchange, bullion, coined money; bank notes, promissory notes or other securities. [Sec. 1, PD 426]. Stock corporations. Corporations which have capital stock divided into shares and are authorized to distribute to the holders of such shares dividends or allotments of the surplus profits on the basis of the shares held. [Sec. 3, Corp. Code].
Stock dividend. 1. A conversion of surplus or undivided profits into capital stock, which is distributed to stockholders in lieu of a cash dividend. [Comm. of Int. Rev. v. Manning, GR L-28398. Aug. 6, 1975]. 2. Any dividend payable in shares of stock of the corporation declaring or authorizing such dividend. It is, what the term itself implies, a distribution of the shares of stock of the corporation among the stockholders as dividends. A stock dividend of a corporation is a dividend paid in shares of stock instead of cash and is properly payable only out of surplus profits. So, a stock dividend is actually two things: (a) A dividend, and (b) the enforced use of the dividend money to purchase additional shares of stock at par. [Nielson & Co. v. Lepanto, GR L-21601. Dec. 28, 1968]. Compare with Cash dividend. Stock exchange. Exchange.
See
Stockholder. The owners of shares of stock in a stock corporation. They are also called shareholders. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 46]. Stockholder’s pre-emptive right. Corp. Law. The right of the stockholder to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1102 subscribe to all issues or disposition of share of any class in proportion to his shareholding. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Stockholders’ rights. Corp. Law. The important rights of stockholders are the following: (a) the right to vote; (b) the right to receive dividends; (c) the right to receive distributions upon liquidation of the corporation; and (d) the right to inspect the books of the corporation. [Cojuangco, Jr. v. Roxas, GR 91925. Apr. 16, 1991]. Stocks. Shares in the ownership of a company that entitle their owners to rights in the firm, including a proportionate part of the dividends and, upon liquidation, of the capital assets. [Intl. Law Dict. & Direct., 2004]. Stomach ulcer. Such an erosion in the stomach, the inside of the stomach. When the erosion is a little further down, in the duodenum (the first part of the intestine), it is a duodenal ulcer. [Landicho v. WCC, GR L45996. Mar. 26, 1979, citing Atty.’s Dict. of Med., Schmidt]. Same as Gastric ulcer. Stop-and-frisk. The vernacular designation of
the right of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s). [Manalili v. CA, GR 113447. Oct. 9, 1997]. Stoppage in transitu, right of. The right of the unpaid seller who has parted with the possession of the goods to stop them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession. [Art. 1530, CC]. Storage charge. The amount assessed on articles for storage in customs premises, cargo shed and warehouses of the government. The owner, consignee or agent of either, of the articles, is liable for this charge. [Rep. v. Consolidated Terminals, Inc., GR L-27810. Dec. 14, 1981, citing Sec. 3001, RA 1937]. Store. A business establishment where usually diversified goods are kept for retail sale. [Moreno’s Law Dict., 2000 Ed., p. 446]. Stored. A deposit in a store or warehouse for preservation or safe keeping; to put away for
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1103 future use, especially for future consumption; to place in a warehouse or other place of deposit for safe keeping. [K. S. Young v. Midland Textile Ins. Co., GR 9370. Mar. 31, 1915.] Straight baseline. Straight lines connecting the seaward most low-water points of deeply indented coastlines and the seaward most lowwater points of a fringe of islands along a coastline. [Intl. Law Dict. & Direct., 2004]. Compare with Normal baseline. Straight baseline method. Intl. Law. A method in defining the territorial sea under which straight lines are made to connect appropriate points on the coast without departing radically from its general direction. The waters inside these lines are considered internal. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 63]. Compare with Normal baseline method. Straight-line method of depreciation. The recording of depreciation of depreciable property in equal amounts monthly over its estimated service life. [Sec. 5, RA 3187]. Strait. Intl. Law. A comparatively narrow passageway connecting two
large bodies of water. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67]. Stranger. A third-party who is any person other than the judgment debtor or his agent. [Bayer Phil. Inc. v. Agana, 63 SCRA 355 (1975)]. Stranger to the action. A person not a party to the action, or as the law puts it, any other person than the defendant or his agent, whose property is seized pursuant to the writ of delivery. [La Tondeña Distillers v. CA, GR 88938. June 8, 1992]. Strategem. A designed to outwit the deception or obtaining [Moreno’s Law Ed., p. 446].
maneuver deceive or enemy. A device for advantage. Dict., 2000
Strategic Agriculture and Fisheries Development Zones (SAFDZ). The areas within the NPAAAD identified for production, agroprocessing and marketing activities to help develop and modernize with the support of government, the agriculture and fisheries sectors in an environmentally and socioculturally sound manner. [Sec. 4, RA 8435].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1104 Strategy. Machination or artifice. [Sumulong v. CA, GR 108817. May 10, 1994]. Stream. Synonymous to a creek or a running course of water. [Moreno’s Law Dict., 2000 Ed., p. 447]. Street. Road, valley, avenue, high-way or other public way. [Sec. 3, PD 198]. Street certificate. Corp. Law. The certificate covering shares which is indorsed in blank and therefore transferable by a mere delivery until it reaches the hands of a transferee who, deciding to effect registration in the books of the corporation can just place his name as transferee in the proper space provided for in the certificate. [Diaz, Bus. Law Rev., 1991 Ed., p. 251]. Strictissimi juris. Lat. By the most strict right or law. The rule that exemptions from taxation are construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority primarily because taxes are the lifeblood of government and their prompt and certain availability is an imperious need. Thus, to be exempted from payment of taxes, it is the taxpayer's duty to justify the exemption “by words too plain to be mistaken and too
categorical to be misinterpreted." Private respondent has utterly failed to discharge this duty. [Prov. Of Tarlac v. Alcantara, GR 65230. Dec. 23, 1992]. Strict liability. 1. Imposing liability on an actor regardless of fault. [Intl. Law Dict. & Direct., 2000]. 2. Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use. [Jurist’s Legal Dict., 2004]. Strict nature reserve. An area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state. [Sec. 4, RA 7586]. Strike. 1. Any stoppage of work by the concerted action of employees in connection with a labor dispute arising
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1105 from unresolved economic issues in collective bargaining in non-vital industries, called in accordance with these rules and regulations. [Sec. 2, PD 823]. 2. Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. [Art. 212, LC]. Strike area. The establishment, warehouses, depots, plants or offices, including the sites or premises used as run-away shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment. [Art. 212, LC, as amended by RA 6715]. Strike breaker. Any person who obstructs, impedes, or interferes with by force violence, coercion, threats or intimidation any peaceful picketing by employees during any labor controversy affecting wages, hours or conditions of work or in the exercise of the right of self organization or collective bargaining. [Art. 212, LC, as amended by BP 227]. Stripping. operations
The of
unloading cargoes
outside the containers. [Sec. 1, PPA Admin. Order 08-79]. Strong arm of equity. The writ (of preliminary injunction, whether prohibitory or mandatory) sought for the protection of the rights of a party before the final determination of his rights vis-à-vis others' in a pending case before the court. [Roxas v. IAC, GR 67195. May 29, 1989]. See Preliminary injunction, writ of. Strong sensitizer. Any substance which will cause on normal living tissue, allergy or photodynamic quality of hypersensitivity which becomes evident on reapplication of the same substance, to be designated as such by the implementing agency. Before designating any substance as a strong sensitizer, the implementing agency, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant capacity to cause hypersensitivity. [Art. 4, RA 7394]. Strong wind. A wind of 22-33 knots in any direction, as per Weather Bureau Circular. [Moreno’s Law Dict., 2000 Ed., p. 447].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1106 Structural conceptualization. The act of conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an architectural work giving due consideration to safety, costeffectiveness, functionality and aesthetics. [Sec. 3, RA 9266]. Structure. Synonymous with the word ‘building’. [Moreno’s Law Dict., 2000 Ed., p. 447]. Student publication. The issue of any printed material that is independently published by, and which meets the needs and interests of, the studentry. [Sec. 3, RA 7079]. Study Now Pay Later Plan. See Educational Assistance Act of 1976. Stuffing. The loading operations of cargoes inside the containers. [Sec. 1, PPA Admin. Order 08-79]. Sua sponte. Lat. Of one's own accord. The right of a court to consider a legal issue of its own motion, even if none of the parties have raised or addressed the issue in their written or oral pleadings. [Tetley, Glossary of Conflict of Laws, 2004].
Subdivision and Condominium Buyers' Protective Decree. PD 957 entitled “Regulating the sale of subdivision lots and condominiums, providing penalties for violations thereof” signed into law on July 12, 1976. Subdivision project. A tract or a parcel of land registered under Act No. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or in installment terms. It shall include all residential, commercial, industrial and recreational areas as well as open spaces and other community and public areas in the project. [Sec. 2, PD 957]. Subdivision lot. Any of the lots, whether residential, commercial, industrial, or recreational, in a subdivision project. [Sec. 2, PD 957]. Subic Bay Freeport (SBF). A separate customs territory consisting of the City of Olongapo and the municipality of Subic, Province of Zambales, the lands occupied by the Subic Naval Base and its contiguous extensions as embraced, covered and defined by the 1947
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1107 Philippine-U.S. Military Base Agreement as amended and within the territorial jurisdiction of Morong and Hermosa, Province of Bataan, the metes and bounds of which shall be delineated in a proclamation to be issued by the President of the Philippines. [Sec. 3, RA 7227].
his acts. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 34]. See Objective phase of felony.
Subjective intent. The actual intent and understanding of a party at the time of the making of an agreement. [Intl. Law Dict. & Direct., 2004].
Subject matter of an action. 1. The matter or thing from which the dispute has arisen, and ordinarily, it is the property or the contract or any other thing subject of the controversy. [Filipinas Investment and Finance Corp. v. IAC, GR 66059-60. Dec. 4, 1989]. 2. The physical facts, the things real or personal, the money, lands, chattels, and the like, in relation to which the suit is prosecuted, and not the delict or wrong committed by the defendant. [Mathay v. Consolidated Bank, GR L23136. Aug. 26, 1974, citing Moran, Comments on the Rules of Court, 1963 Ed., Vol. 1, p. 92].
Subjective novation. Also Personal novation. Novation by the change of either the person of the debtor or of the creditor. [Cochingyan, Jr. v. R & B Surety and Insurance Co., GR L-47369. June 30, 1987]. Compare with Objective novation.
Subject of insurance. All proper-ties or risks insured by the same insurer that customarily are considered by non-life company underwriters to be subject to loss or damage from the same occurrence of any hazard insured against. [Sec. 215, IC].
Subjective phase of felony. That portion of the execution of the crime starting from the point where the offender begins up to that point where he still has control of
Subject to tax. Also Liable for tax. The term connotes legal obligation or duty to pay a tax. [Comm. of Int. Rev. v. Procter & Gamble
Subic Bay Metropolitan Authority (SBMA). A body corporate created by law as an operating and implementing arm of the Bases Conversion Development Authority. [Sec. 13 of RA 7227].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1108 Phil. Manufacturing Corp., GR 66838. Dec. 2, 1991]. Sub judice. A matter that is still under consideration by a court. [Duhaime's Legal Dict., 2004]. Subjugation. Intl. Law. A derivative mode of acquisition by which the territory of one state is conquered in the course of war and is thereafter annexed to and placed under the sovereignty of the conquering state. /an example is the annexation of Abyssinia (now Ethiopia) by Italy in 1935. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 7071]. Sublease. 1. A contract where there are two leases and two distinct judicial relations although intimately connected and related to each other, which unlike in a case of assignment of lease, where the lessee transmits absolutely his right, and his personality disappears; there only remains in the juridical relation two persons, the lessor and the assignee who is converted into a lessee. [Moreno, Phil. Law Dict., 2nd ed., p. 594]. 2. A contract in which the personality of the lessee does not disappear; he does not transmit absolutely his rights and obligations to the sublessee; and the sub-lessee
generally does not have any direct action against the owner of the premises as lessor, to require the compliance of the obligations contracted with the plaintiff as lessee, or vice versa. [Marimperio v. CA, GR L-40234. Dec. 14, 1987, citing 10 Manresa, Sp. Civ. Code, 438]. 3. A grant by a tenant of an interest in the demised premises less than his own, retaining to himself a reversion. [Mallarte v. CA, GR 85108. Oct. 4, 1989, citing 49 Am. Jur. 2d Sec. 480, pp. 469]. Sublessee. The person who leases or rents (out) a residential unit from a sublessor. [Sec. 2, BP 877; Sec.4, RA 9161]. Sublessor. The person who leases or rents out a residential unit (previously) leased to him by an owner. [Sec. 2, BP 877; RA 9161]. Sublet. To make a sublease, accompanied by a surrender of the possession and control of the premises, or at least a part thereof. [Mallarte v. CA, GR 85108. Oct. 4, 1989, citing 51C CJS 108]. Submission. An agreement to accept the jurisdiction of a foreign court. Submission can also be agreeing to a valid foreign jurisdiction clause in a contract.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1109 Appearance in a suit solely to contest jurisdiction is not submission. [Tetley, Glossary of Conflict of Laws, 2004]. Subordination. Being subject to the orders or direction of another; of lower rank. [Duhaime's Legal Dict., 2004]. Subornation of perjury. The offense of procuring another to take such a false oath as would constitute perjury in the principal. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 743]. It no longer exists in the Rev. Penal Code but the act is punished as plain injury under Art. 183 in relation to Art. 17. The inducer becomes a principal by inducement and the one induced, a principal by direct participation. [People v. Pudol, GR 45618. Oct. 18, 1938]. Suborner. Instigator. [US v. Laserna, GR 6668. Jan. 10, 1912]. Subpoena. 1. A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action or at any investigation conducted by competent authority, or for the taking of his deposition, or to bring with him any books, documents, or other things under his control. [Rule 21, RoC]. 2. A
command to appear at a certain time and place to give testimony upon a certain matter. [Glossary of Legal Terms (Pro-Se), 2004]. Subpoena ad testificandum. Lat. A writ sent to a witness "just bring yourself, no documents." A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action or at any investigation conducted by competent authority, or for the taking of his deposition. [Rule 21, RoC]. Subpoena duces tecum. Lat. A writ sent to a witness "turn up and bring your documents with you." 1. A process directed to a person requiring him to bring with him any books, documents, or other things under his control. [Rule 21, RoC]. 2. A court order commanding a witness to bring certain documents or records to court. [Glossary of Legal Terms (Pro-Se), 2004]. Subrogation. Civ. Law. 1. The transfer of all the rights of the creditor to a third person, who substitutes him in all his rights. It may either be legal or conventional. [Chemphil v. CA, GR 11243839. Dec. 12, 1995, citing Tolentino, Commentaries & Jurisp. on the Civil Code of the Phil., Vol. IV, pp. 401-
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1110 402]. 2. Ins. The transfer of rights and remedies of the insured to the insurer who has indemnified the insured in respect of the loss. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 8]. Subrogation principle. Ins. A process of legal substitution where the insurer steps into the shoes of the insured and avails of the latter’s rights against the wrongdoer at the time of the loss. [Claridades, A., Compilation of Notes, 20012006]. Subrogatory action. Acción subrogatoria.
See
Sub rosa. Hidden; secret; confidential; private; under wraps. [Claridades, A., Compilation of Notes, 20012006]. See Appropriation sub rosa. Subscribe. To write underneath, as one’s name; to sign at the end of a document [Gamido v. National Bilibid Prisons, GR 114829. Mar. 1, 1995, citing Black’s Law Dict., 5th Ed., 1279]. Subscribed capital stock. Corp. Law. The amount of the capital stock subscribed, whether fully paid or not. It connotes an original subscription by a subscriber
of unissued shares in a corporation and would, therefore, preclude the acquisition of shares by reason of subsequent transfer from a stockholder or resale of treasury shares. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. Subscribers. Persons who have agreed to take and pay for original, unissued shares of a corporation formed or to be formed. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 47, citing Ballantine on Corp., p. 375]. Subscription. Corp. Law. Any contract for the acquisition of unissued stock in an existing corporation or a corporation still to be formed, notwithstanding the fact that the parties refer to it as a purchase or some other contract. [Sec. 60, Corp. Code]. Subscription. Succ. The signing of the witnesses' names upon the same paper for the purpose of identification of such paper as the will which was executed by the testator [In Re: Taboada v. Rosal, GR L36033. Nov. 5, 1982, citing Ragsdale v. Hill, 269 SW 2d 911].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1111 Subsequent negligence. See Last clear chance doctrine. Subsequent punishment. Any form of punishment to which the author of any utterance or publication is subjected after making the same. [Claridades, A., Compilation of Notes, 20012006]. Subservient. From Lat. subservire: to serve under. Subordinate in capacity or function. [Intl. Law Dict. & Direct., 2004]. Subsidiaries. Governmentowned or controlled corporations without original charters. [Poquiz, Labor Rel. Law, 1999 Ed. p. 26]. Also known as Corporate offsprings. Subsidiary. Company owned by a parent or a parent's holding company. Unlike a branch, it is separately incorporated. [Intl. Law Dict. & Direct., 2004]. Subsidiary corporations. Affiliated or secondary corporations which are created and administered by a principal/parent agency for the purpose of helping achieve the objectives of the latter. [Sec. 3, EO 518]. Compare with Parent or holding corporation.
Subsidiary liability. Also Secondary liability. A personal liability which attaches when the remedy against one primarily liable has been exhausted, and which may be satisfied from all assets of one secondarily liable [Enjay v. NLRC, GR 110240. July 4, 1995, citing 38A, Words & Phrases 76 (1967)]. Subsidy. 1. The amounts granted to governmentowned or controlled corporations from the General Fund, to cover operational expenses that are not supported by corporate revenues or to cover corporate deficits and losses. [Sec. 3, EO 518]. 2. A pecuniary aid directly granted by the government to an individual or private commercial enterprise deemed beneficial to the public. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 20, citing 2 Britannica World Lang. Dict., 1964 Ed., p, 125]. 3. A financial contribution made by a government or other public body that confers a benefit on an enterprise, group of enterprises, or an industry. [Intl. Law Dict. & Direct., 2004]. Subsistence fisherman. One whose catch yields but the irreducible minimum for his livelihood. [Tano v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1112 Socrates, GR 110249. Aug. 21, 1997, citing Webster's 3rd New Intl. Dict., p. 2279 (1993)]. Compare with Marginal fisherman. Subsisting and altering trademark, tradenames, or service marks. Crim. Law. The felony committed by: 1. any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of commerce and shall sell the same; 2. any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-name or trademark has been fraudulently used in such goods; 3. any person who, in the sale or advertising of his services, shall use or substitute the service mark of some other person, or a colorable imitation of such mark; or 4. any person who, knowing the purpose for which the trade-name, trademark, or service mark of a person is to be used, prints, lithographs, or in any way reproduces such tradename, trade-mark, or service mark, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-name, trademark, or service mark on his
own goods or in connection with the sale or advertising of his services. [Art. 188, RPC]. Substandard product. A product which fails to comply with an applicable consumer product safety rule which creates a substantial risk of injury to the public. [Art. 4, RA 7394]. Substantial amendment. An amendment consisting of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. All other matters are merely of form. [Teehankee v. Madayag, GR 103102. Mar. 6, 1992]. Compare with Formal amendment. Substantial cause. A cause which is important but not less than any other cause. [Sec. 4, RA 8800]. Substantial errors. Errors involving substantial and controversial matters such as those which affect the civil status or the nationality or citizenship of persons (which) cannot be corrected under said summary proceedings, but should be threshed out in an appropriate action wherein the State as well as persons who may be affected by the change should be notified or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1113 represented. Compare with Clerical errors.
enforcement. [Jurist’s Legal Dict., 2004].
Substantial evidence. Defined to mean not necessarily preponderant proof as required in ordinary civil cases but such kind of relevant evidence as a reasonable mind might accept as adequate to support a conclusion. [Biakna-Bato v. Tanco Jr., 193 SCRA 323 (1991)].
Substantive due process. A guarantee that life, liberty and property shall not be taken away from anyone without due process of law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 96]. Compare with Procedural due process.
Substantial mutual interests rule. One of the fundamental factors in determining the appropriate collective bargaining unit, that is, the affinity and unity of the employees' interest, such as substantial similarity of work and duties, or similarity of compensation and working conditions. [San Miguel Corp. v. Laguesma, GR 100485. Sep. 21, 1994]. Substantial stockholder. Any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. [Sec. 1, Rule IX, RA 6713]. Substantive criminal law. Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of
Substantive due process. Requirements: (a) There must be a valid law upon which it is based; (b) the law must have been passed and approved to accomplish a valid governmental objective; (c) the objective must be pursued in a lawful manner; and (d) the law as well as the means to accomplish the objective must be valid and not oppressive. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 96]. Substantive due process doctrine. Under the doctrine, a law may be voided when it does not relate to a legitimate end and when it unreasonably infringes on contractual and property rights. The doctrine as enunciated in Allgeyer v. Louisiana, 165 U.S. 578 (1897) can be easily stated, thus: the government has to employ means (legislation) which bear some reasonable relation to a legitimate end.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1114 [Nowak, Rotunda and Young, Constl. Law 436, 443 (2d Ed.)].
another. [Intl. Oil Factory v. Dir. of Health, GR L-13438. May 31, 1961].
Substantive law. The statutory or written law that governs rights and obligations of those who are subject to it. [Glossary of Legal Terms (Pro-Se), 2004]. Compare with Remedial or adjective law.
Substitute and special parental authority. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: (a) The surviving grandparent, as provided in Art. 214, FC; (b) the oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and (c) the child's actual custodian, over twenty-one years of age, unless unfit or disqualified. [Art. 216, FC].
Substantive private law. Those rules which declare legal relations of litigants when the courts have been properly moved to action upon facts duly presented to them. [Suarez, Stat. Con., (1993), pp. 38-39, citing 24 Words & Phrases, 337]. Compare with Procedural or adjective private law. Substantive statutes. Laws which establish rights and duties. [Bustos v. Lucero, 81 Phil. 640]. Substation. Any building, room or separate place which houses or encloses electric supply equipment connected to transmission or distribution lines and the interior of which is accessible, as a rule, only to properly qualified persons. [Sec. 2, RA 7920]. Substitute. To put in the place of, change for, make way for, take the place of
Substituted limited partner. A person admitted to all the rights of a limited partner who has died or has assigned his interest in a partnership. [Art. 1859, CC]. Compare with Assignee. Substituted service of pleadings and other papers. The service of pleadings, motions, notices, resolutions, orders and other papers made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail, if service cannot be made under the two latter modes to the office and place of residence of the party or his counsel
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1115 being unknown. The service is complete at the time of such delivery. [Sec. 8, Rule 13, RoC]. Substituted service of summons. Service of summons effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof, in case where, for justifiable causes, the defendant cannot be served within a reasonable time as provided in Sec. 6 of the Rules of Court. [Sec. 7, RoC]. Substitution. Succ. The appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. [Ramirez v. Vda. de Ramirez, GR L-27952. Feb. 15, 1982, citing Art. 857, CC]. Substitution. Kinds: Simple or common, brief or compendious, reciprocal, and fideicommissary [Art. 858, CC]. According to Tolentino, Although the Code enumerates four classes, there are really two principal classes of substitutions: the simple and the fideicommissary. The others
are merely variations of these two. [Tolentino, III Civil Code, p. 185 (1973)]. The simple or vulgar is that provided in Art. 859 of the Civil Code while the fideicommissary substitution is described in Art. 863 of the same Code. [Ramirez v. Vda. de Ramirez, GR L27952. Feb. 15, 1982]. Substitutionary doctrine. Labor. It provides that the employees cannot revoke the validly executed collective bargaining contract with their employer by the simple expedient of changing their bargaining agent. The new agent must respect the contract. The employees, thru their new bargaining agent, cannot renege on the collective bargaining contract, except to negotiate with management for the shortening thereof. [Benguet Consolidated, Inc. v. BCI Employees & Workers UnionPAFLU, GR L-24711. Apr. 30, 1968]. Substitutionary evidence. See Secondary evidence. Substitution doctrine. Civ. Law. It has been referred to as the Doctrine of substitution. It is an arm of equity that may guide or even force one to pay a debt for which an obligation was incurred but which was in
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1116 whole or in part paid by another. [Fireman's Fund Ins. Co. v. Jamila & Co., GR 27427. Apr. 7, 1976]. Substitution of heirs. 1. The appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. [Art. 857, CC]. 2. Substitution of heirs may be: (a) Simple or common; (b) brief or compendious; (c) reciprocal; or (d) fideicommissary. [Art. 858, CC]. Subtenant. A person who rents all or a portion of leased premises from the lessee for a term less than the original one, leaving a reversionary interest in the first lessee. [Mallarte v. CA, GR 85108. Oct. 4, 1989, citing 49 Am. Jur. 2d Sec. 480, pp. 469]. Subtransmission assets. The facilities related to the power delivery service below the transmission voltages and defined as facilities based on the functional assignment of assets including, but not limited to, step-down transformers solely used by load customers, associated switchyard/substation, control and protective equipment, reactive compensation equipment to improve customer power
factor, overhead lines, and the land where such facilities/equipment are located, where applicable. [Sec. 4, RA 9136]. Suburbs. A region or place adjacent to a city; a town or village so near it that it may be used for residence by those who do business in the city. [Manila Electric Co. v. Public Service Comm., GR L21435. Feb. 28, 1966, citing Act 484]. Subversion. 1. Mere membership in a subversive association is sufficient and the taking up of arms by a member of a subversive organization against the Government is but a circumstance which raises the penalty to be imposed upon the offender. [People v. Asuncion, GR 83837-42. Apr. 22, 1992, citing the AntiSubversion Act (RA 1700)]. 2. Subversion, like treason, is a crime against national security. [Buscayno v. Military Commissions, GR 58284, 109 SCRA 289 (1981)]. Succession. 1. A mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. [Art.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1117 774, CC]. 2. Succession may be: (a) Testamentary; (b) legal or intestate; or (c) mixed. Successional rights, when transmitted. The rights to the succession are transmitted from the moment of the death of the decedent. [Art. 777, CC]. Successor. A person who takes over the rights of another. [Duhaime's Legal Dict., 2004]. Successor-in-interest. One to whom the debtor has transferred his statutory right of redemption; one to whom the debtor has conveyed his interest in the property for the purpose of redemption; or one who succeeds to the interest of the debtor by operation of law; or one or more joint debtors who were joint owners of the property sold; or the wife as regards her husband's homestead by reason of the fact that some portion of her husband's title passes to her. [Magno v. Viola, GR 37521. Dec. 22, 1934]. Sudden peril. A doctrine which provides that an automobile driver who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid
collision or injury is not guilty of negligence if he makes a choice as a person of ordinary prudence placed in such a position might take, even though he did not make the wisest choice and one that would have been required in the exercise of ordinary care but for the emergency. [Moreno’s Law Dict., 2000 Ed., p. 452]. Sue and labor clause. Mar. Ins. A clause under which the insurer may become liable to pay the insured, in addition to the loss actually suffered, such expenses as he may have incurred in his efforts to protect the property against a peril for which the insurer would have been liable. Sufferance. Toleration; negative permission by not forbidding; passive consent; license implied from the omission or neglect to enforce an adverse right. [Black’s Law Dict., Abr. 5th Ed. (1983), p. 1]. Sufficiency of facts test. The test of sufficiency of the facts found in a complaint as constituting a cause of action is whether or not admitting the facts alleged the court can render a valid judgment upon the same in accordance with the prayer thereof The hypothetical admission extends to the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1118 relevant and material facts well pleaded in the complaint and inferences fairly deducible therefrom. Hence, if the allegations in the complaint furnish sufficient basis by which the complaint can be maintained, the same should not be dismissed regardless of the defense that may be assessed by the defendants. [Navoa v. CA, 251 SCRA 545 (1995)]. Sufficient lapse of time. A period of time long enough to justify that the crime was committed with deliberate premeditation (premeditacion conocida,) because, in a judicial sense, it afforded full opportunity for meditation and reflection, and was amply sufficient to allow his conscience to overcome the resolution of his will (vencer las determinaciones de la voluntad) had he desired to hearken to its warnings. [US v. Gil, 13 Phil. 530 (1909)]. Sufficient provocation. Provocation that is adequate to excite the person to commit the wrong and must accordingly be proportionate to its gravity and must also immediately precede the act to constitute a mitigating circumstance. [People v. Tan Cui, GR L-22697. Oct. 5, 1976].
Sufficient provocation. Requisites: (a) Provocation must be sufficient; (b) it must be immediate to the commission of the crime; and (c) it must originate from the offended party. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 91]. Sufficient standard test. The test to determine whether or not there is a valid delegation of legislative power under which there must be adequate guidelines or limitations in the law to map out the boundaries of the delegate's authority and prevent the delegation from running riot. [Eastern Shipping Lines, Inc. v. POEA, GR L-76633. Oct. 18, 1988]. Compare with Completeness test. Suffocation. A layman's term for asphyxia, which is the result of any impairment of the process of respiration which may be due to any cause which prevents the ingress of air in the respiratory passages, as in cases of hanging, strangulation, throttling, drowning, choking, smothering and pressure on the chest. [Moreno’s Law Dict., 2000 Ed., p. 452]. Suffrage. The right to vote in an election. It is the expression of the sovereign
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1119 will of the people. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 271]. Sugar Act of 1952. RA 809 entitled “An Act to regulate the relations among persons engaged in the sugar industry” enacted on June 22, 1952. Sugar quota. A certain number of sugar piculs, assigned to a sugar planter which he is required to mill for every crop year in a designated milling district. [Moreno’s Law Dict., 2000 Ed., p. 452]. Sugar Regulatory Administration. The agency created by virtue of EO 18 which was signed into law on May 28, 1986 to, among others, promote the growth and development of the sugar industry. Suicidal behavior. Legal Med. The final act in a course of self-destruction. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Suicidal impulse. Legal Med. A strong desire to kill oneself, usually in acute depression. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Suicide. A positive act of ending one’s (own) life. [Sun Insurance Office, Ltd. v. CA, GR 92383. July 17, 1992].
Compare exposure peril.
with Willful to needless
Suicide attempts. Legal Med. Actions that are intended to be fatal but don’t succeed. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Suicide gestures. Legal Med. Suicide plans and actions that appear unlikely to be fatal. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Sui generis. Lat. Of its own kind or class; i.e., the only one of its kind; peculiar. [Black's Law Dict., Abr. 5th Ed. (1987), p. 747]. Sui juris. A person who possesses full civil rights and is not under any legal incapacity such as being bankrupt, of minor age or mental incapacity. Most adults are sui juris. [Duhaime's Legal Dict., 2004]. Suit. The prosecution or pursuit of some claim or demand in court. [Albano, Rem. Law Reviewer, 1st Ed., p. 70, citing 1 Am. Jur. 407]. Suitable employment. Remunerative occupation giving the rehabilitee earning at least equal to the statutory minimum wage. [Sec. 1, Rule 9, Rules on Employees Compensation].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1120 Suitable for economic family-size farm. It refers to situations where a parcel of land whose characteristics, such as climate, soil, topography, availability of water and location, will support a farm family if operated in economic family-size farm units and does not include those where large-scale operations will result in greater production and more efficient use of land. [Sec. 166, RA 3844]. Suitable substitute. That kind of article which would serve substantially the same purpose or produce substantially the same results as the brand, type, or make of article originally desired or requisitioned. [Sec. 357, LGC]. Suits against state. Suits with relation to matters in which the State agencies have assumed to act in a private or nongovernmental capacity, and various suits against the State. [PNR v. IAC, GR 70547. Jan. 22, 1993, citing 81 CJS 1319]. Sultada. Tag. Match of the roosters. [Jamago v. Arrieta, GR L-20876. July 30, 1965]. Summary distribution. A procedure by which, in a summary manner, the estate
of a deceased person is valued, his debts are paid, his will, if any is allowed, the heirs and legatees are declared, and distribution is made, all in a single hearing and a single order, so far as this is practicable, without the appointment of any administrator or executor. [Moreno’s Law Dict., 2000 Ed., p. 453]. Summary hearing. Rem. Law. Such brief and speedy method of receiving and considering the evidence of guilt as is practicable and consistent with the purpose of the hearing which is merely to determine the weight of the evidence for purposes of bail. [Siazon v. Presiding Judge of Davao City, GR L-34156-58. Oct. 29, 1971]. Summary judgment. Also Accelerated judgment. 1. A device for weeding out sham claims or defenses at an early stage of the litigation, thereby avoiding the expense and loss of time involved in a trial. The very object is to separate what is formal or pretended in denial or averment from what is genuine and substantial, so that only the latter may subject a suitor to the burden of a trial. [Excelsa Industries v. CA, GR 105455. Aug. 23, 1995]. 2. A judgment given on the basis
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1121 of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law. [Glossary of Legal Terms (Pro-Se), 2004]. Summary judgment procedure. A method for promptly disposing of actions in which there is no genuine issue as to any material fact. [De Leon v. Faustino, GR L-15804. Nov. 29, 1960]. Summons. 1. A writ by which the defendant is notified of the action brought against him. Service of such writ in the means by which the court may acquire jurisdiction over his person. Trial and judgment without such service is null and void. [Olar v. Cuna, GR L-47935. May 5, 1979]. 2. Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party. [Glossary of Legal Terms (Pro-Se), 2004]. Sumpak. Tag. Home-made shotgun. [People v. Valencia, GR 94511-13. Sep. 18, 1992]. Superlight. Also called Magic light. A type of light using halogen or metal
halide bulb which may be located above the sea surface or submerged in the water. It consists of a ballast, regulator, electric cable and socket. The source of energy comes from a generator, battery or dynamo coupled with the main engine. [Sec. 4, RA 8550]. Supermarket. A place designated by municipal authorities of a city or of an incorporated town for the sale of grocery goods, food stuffs, dry goods, liquor, and other commodities such as meat, fresh fruits, poultry products, milk and vegetables necessary or convenient for the subsistence of the community that are refrigerated. [Kamuning Theater, Inc. v. Quezon City, GR L-19136. Feb. 28, 1963]. Supersedeas. A suspension of the power of the court below to issue an execution on the judgment or decree appealed from; or, if a writ of execution has issued, it is a prohibition emanating from the court of appeals against the execution of the writ. [Watson & Co. v. Enriquez, 1 Phil. 480-484, citing Hovey v. McDonald, 109 US, 150]. Supersedeas bond. A bond required of one who petitions to set aside a judgment or execution and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1122 from which the other party may be made whole if the action is unsuccessful. [Black's Law Dict., Abr. 5th Ed. (1987), p. 749]. Supervening event. 1. Facts and events transpiring after the judgment or order had become executory which would justify the suspension or nullification of the execution of a final and executory judgment. [Javier v. CA, GR 96086. July 21, 1993]. 2. It would arise if an event occurs after the decision which would nullify, or render impossible or inequitable, enforcement thereof. [La Campana Food Products v. CIR, GR L-27907. May 22, 1969]. Supervise. To oversee, to have oversight of, to superintend the execution of or the performance of a thing, or the movements or work of a person; to inspect with authority; to inspect and direct the work of a person; to inspect with authority; to inspect and direct the work of others. [Rodriguez v. Montinola, 94 Phil. 964]. Supervised trial custody. A period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing
their filial relationship. [Sec. 3, RA 8552]. Supervision. Admin. Law. Overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them the former may take such action or step as prescribed by law to make them perform these duties. [Mondano v. Silvosa, GR L7708. May 30, 1955]. Compare with Control. Supervision and control. The authority to act directly whenever a specific function is entrusted by law or regulation to a subordinate; direct the performance of duty; restrain the commission of acts; review, approve, reverse or modify acts and decisions of subordinate officials or units; determine priorities in the execution of plans and programs. Unless a different meaning is explicitly provided in the specific law governing the relationship of particular agencies the word control shall encompass supervision and control as defined herein. [Llamas v. Orbos, GR 99031. Oct. 15, 1991, citing Admin. Code of 1987]. Supervisor. Coordinator.
See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1123 Supervisory employees. Those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. [Art. 212, LC].
Supplemental procurement plan or procurement program. The itemized list showing the required supplies in a fiscal year not covered in the annual or amendatory procurement plan or program. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Supplement. Something that exists side by side with the original. It does not replace that which it supplements. [Aznar III, v. Bernard, GR 81190, May 9, 1988].
Supplementary unit. A unit which is neither a base nor a derived unit. [Sec. 4, BP 8].
Supplemental budget. A supplementary financial plan embodying changes during the fiscal year in the annual estimates of income and appropriations. [Sec. 14, PD 477]. Supplemental pleadings. Additional pleadings setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented and which the court, upon motion of a party, upon reasonable notice and upon such terms as are just, may permit him to serve. The adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading. [Sec. 6, Rule 10, RoC].
Supplements. The extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings or wages. [Atok-Big Wedge Assn. v. Atok-Big Wedge Co., L-7349. July 19, 1955; 51 OG 3432]. Supplier. 1. A person, other than a consumer, who in the course of his business, solicits, offers, advertises, or promotes the disposition or supply of a consumer product or who other than the consumer, engages in, enforces, or otherwise participates in a consumer transaction, whether or not any privity of contract actually exists between that person and the consumer, and includes the successor to, or assignee of, any right or obligation on of the supplier. [Art. 4, RA 7394]. 2. A person, firm or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1124 manufacturer who furnishes or sells the supplies or property needed or required by a local government unit. It is synonymous to dealer, bidder, offerer, seller or contractor. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Supplier of electricity. Any person or entity authorized by the Energy Regulatory Commission (ERC) to sell, broker, market or aggregate electricity to the end-users. [Sec. 4, RA 9136]. Supplies. The term includes everything, except real property, which may be needed in the transaction of public business or in the pursuit of any undertaking, project, or activity, whether in the nature of equipment, furniture, stationary materials for construction or personal property of any sort, including non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related services. [Sec. 357, LGC]. Supply. Any article furnished for carrying on the work which from its nature is necessarily so consumed by use in the work. [Kilosbayan, Inc. v. Morato GR 118910.
July 17, 1995]. Compare with Equipment. Supply of electricity. The sale of electricity by persons or entities authorized pursuant to RA 9136. [Sec. 4, RA 9136]. Supply of electricity charge. The charge imposed by electricity suppliers for the sale of electricity to end-users, excluding the charges for generation, transmission and distribution wheeling, [Sec. 4, RA 9136]. Support. That which comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. [Art. 194, FC]. Support pendente lite. A provisional remedy in the form of an order issued by a judge before whom the proper action is pending granting an allowance for sustenance, dwelling, clothing, education and medical attendance to the party/parties entitled thereto. [Katarungang Pambarangay Rules]. Support person. A person chosen by the child to accompany him to testify at
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1125 or attend a judicial proceeding or deposition to provide emotional support for him. [Sec. 4 (f), AM 00-407-SC]. Suppress. To forbid the use of evidence at a trial because t is improper or was improperly obtained. [Glossary of Legal Terms (Pro-Se), 2004]. See also Exclusionary rule. Supremacy of the law. Doctrine that all persons, including the sovereign, are subordinate to the rule of law. [Intl. Law Dict. & Direct., 2004]. Supreme Court. The highest court in the land, established by the Philippine Constitution. [Claridades, A., Compilation of Notes, 20012006]. Supreme Court Reports Annotated. Abbrev. SCRA. Publication of court decisions of the Supreme Court since 1961. [Claridades, A., Compilation of Notes, 20012006]. Surcharge. An amount imposed by law as an addition to the main tax in case of delinquency. [Moreno’s Law Dict., 2000 Ed., p. 455]. Surety. 1. It is considered in law as being the same party
as the debtor in relation to whatever is adjudged touching the obligation of the latter, and their liabilities are interwoven as to be inseparable. [PNB v. Pineda, GR 46658. May 13, 1991]. 2. The insurer of the debt (who) obligates himself to pay if the principal does not pay. [Machetti v. Hospicio, 43 Phil. 297]. 3. The person who has pledged him or herself to pay back money or perform a certain action if the principal to a contract fails, as collateral, and as part of the original contract. Technically, where a person provides collateral after or before the original contract is signed, and as a separate contract, the person is called a “guarantor" and not a "surety." [Duhaime's Legal Dict., 2004]. Compare with Guarantor. Surety bond. A bond purchased at the expense of the estate to insure the executor's proper performance. [Glossary of Legal Terms (Pro-Se), 2004]. Also referred to as Fidelity bond. Suretyship contract. 1. An agreement whereby a party called the surety guarantees the performance by another party called the principal or obligor of an obligation or undertaking in favor of a third party called the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1126 obligee. [Sec. 175, IC] 2. It is deemed an insurance contract, within the meaning of the Insurance Code, only if made by a surety who or which, as such, is doing an insurance business. [Sec. 2, IC]. Surface water. All water, which is open to the atmosphere and subject to surface runoff. [Sec 4, RA 9275]. Surname or family name. That which identifies the family to which he belongs and is continued from parent to child. the surname to which the child is entitled is fixed by law. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996]. Compare with Given or proper name. Surplus property. A property no longer needed by a local government unit. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Survivorship disqualification rule. See Dead man statute. Survivorship presumption. 1. The disputable presumption that, as between two or more persons who are called to succeed each other, they died at the same time and there shall be no transmission of rights from
one to the other, provided that (a) the parties are heirs to one another; (b) there is no proof as to who died first; and (c) there is doubt as to who died first. [Art. 43, CC]. 2. Presumption based on the probabilities resulting from the strength and age of the sexes of two persons who perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, in accordance with the following rules: (a) If both were under the age of fifteen years, the older is presumed to have survived; (b) if both were above the age of sixty, the younger is presumed to have survived; (c) if one is under fifteen and the other above sixty, the former is presumed to have survived; (d) if both be over fifteen and under sixty, and the sexes be different, the male is presumed to have survived; if the sexes be the same, then the older; and (e) if one be under fifteen or over sixty, and the other between those ages, the latter is presumed to have survived. [Sec. 3(jj), Rule 131, RoC]. Suspension. A temporary loss of the right to practice law by an attorney.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1127 [Glossary of Legal (Pro-Se), 2004].
Terms
Suspension of arms. Intl. Law. The temporary cessation of hostilities by agreement of the local commanders for such purposes as the gathering of the wounded and the burial of the dead. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 143144]. Suspension of execution of sentence. A disposition under which a defendant, after conviction and sentence, is released. Its objective primarily is to save the accused from the corrosive effects of imprisonment and the stigma of incarceration. [Moreno’s Law Dict., 2000 Ed., p. 457]. Suspension of payment. Under the Insolvency Law, the postponement of the payment of the debts of a debtor who, possessing sufficient properties to cover his debts, and foreseeing the impossibility of meeting them when they respectively fall due, petitions the court that he be declared in a state of suspension of payments. [Moreno’s Law Dict., 2000 Ed., p. 457]. Suspension of sentence. A concept of probation intended to benefit minor
offenders and is designed primarily to save the minor offenders from the stigma of criminal record. [Moreno’s Law Dict., 2000 Ed., p. 457]. Suspensive condition or condition precedent. One which suspends the demandability of the obligation until the happening of the event. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Compare with Resolutory condition. Suspensive period (ex die). The obligation begins only from a day certain upon the arrival of the period. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Sustain. A court ruling upholding an objection or a motion. [Glossary of Legal Terms (Pro-Se), 2004]. Sustainable development. The improvement in the quality of life of the present and future generations through the complementation of development and environmental protection activities. [Sec. 3, RA 7611]. Sustainable traditional resource rights. The rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to sustainably use, manage, protect and conserve a)
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1128 land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs, systems and practices. [Sec. 4, RA 8371]. Sustained-yield management. Continuous or periodic production of forest products in a working unit with the aid of achieving at the earliest practicable time an approximate balance between growth and harvest or use. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest. [Sec. 3, PD 705]. Sustenance fishing. Municipal fishing.
See
Susuray-suray. Tag. In a wobbling motion. [People v. Relucio, GR L-38790. Nov. 9, 1978]. Suum cuique tribuere. Lat. Render unto each person what is due him. It is a supreme norm of justice which the law develops. [Moreno’s Law Dict., 2000 Ed., p. 457].
Suum jus, summa injuria. Lat. The abuse of right is the greatest possible wrong. [Moreno’s Law Dict., 2000 Ed., p. 457]. Swear. To put on oath; to declare on oath the truth of a pleading, etc. [Gamido v. National Bilibid Prisons, GR 114829. Mar. 1, 1995, citing Black’s Law Dict., 5th Ed., Id., 1298]. Swindling. See Estafa. Swindling a minor. Crim. Law. The felony committed by any person who, taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form. [Art. 317, RPC]. Swindling, other forms of. Crim. Law. The felony committed by (a) any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same; (b) any person, who, knowing that real property is encumbered, shall dispose of the same,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1129 although such encumbrance be not recorded; (c) the owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person; (d) any person who, to the prejudice of another, shall execute any fictitious contract; (e) any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor; or (f) any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation. [Art. 316, RPC]. Syllabus. A brief summary of a legal rule or significant facts in a case, which along with other syllabi or head notes, precedes the printed opinion in reports. Symbol. Any conventional sign which reveals man's achievement and heroism
(for orders and decorations), identification, authority and a sign of dignity (for coat-ofarms, logo and insignia). [Sec. 3, RA 8491]. Symbolic delivery. With regard to movable property, delivery shall be deemed made by the delivery of the keys of the place or depository where it is stored or kept. [Art. 1498, CC]. Synallagmatic contract. A civil law term for a reciprocal or bilateral contract: one in which both parties provide consideration. A contract of sale is a classic example, where one party provides money and the other, goods or services. A gift is not a synallagmatic contract. [Duhaime's Legal Dict., 2004]. Synchronization. The act or result of synchronizing; concurrence of events or motions in respect to time. [Osmeña v. Comelec, GR 100318. July 30, 1991]. Synchronize. To happen or take place at the same time; to represent or arrange event so as to indicate coincidence or coexistence; to cause to agree in time. [Osmeña v. Comelec, GR 100318. July 30, 1991]. Syndicate. 1. Crim. Law. It consists of five or more
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1130 persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme. [Sec. 1, PD 1689]. 2. Labor. Three or more persons (who) conspire or confederate with one another in carrying out any unlawful or illegal transaction, enterprise or scheme. [Art. 38(b), LC, as amended by RA 8042]. Syndicated crime See Organized group.
group. crime
-TTacit acceptance of the inheritance. An acceptance resulting from acts by which the intention to accept the inheritance is necessarily implied, or which one would have no right to do except in the capacity of an heir. [Art. 1049, CC]. Tacita reconduccion. Sp. Implied renewal of lease. [Chua v. CA, GR 106573. Mar. 27, 1995, citing Art. 1670, CC]. Tacita reconduccion. Elements: (a) the term of the original contract of lease has expired; (b) the lessor has not given the lessee a notice to vacate; and (c) the lessee
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1131 continued enjoying the thing leased for fifteen days with the acquiescence of the lessor. This acquiescence may be inferred from this failure to serve a notice to quit. [Arevalo Gomez Corp. v. Lao Hian Liong, 148 SCRA 372 (1987)]. Tacit or implied ratification. It is understood that there is a tacit ratification if, with knowledge of the reason which renders the contract voidable and such reason having ceased, the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right. [Art. 1393, CC]. Tacking possession. The computation of time necessary for prescription where the present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest; however, this provision (under Art. 1138 of the Civil Code) applies only where there is privity between the successive possessors. [Razote v. Razote, 49 Phil. 182; and Lacson v. Government, 39 Phil. 631]. Taga-tari. Tag. See Gaffer.
Tagayan. Tag. The local term for a group drinking session where a single glass is used and each person takes his turn drinking a fixed amount of liquor from the glass. [People v. Canceran, GR 104866. Jan. 31, 1994]. Tailings disposal system. A combination of methods, equipment and manpower used in handling, transporting, disposal or impounding mill tailings. [Sec. 4, DENR Admin. Order 95-23]. Tailor. One who makes or repairs men's outer garments, or makes cloaks, heavy-close-fitting gowns, etc., for women; usually restricted to one who makes clothes to order. [Hashim v. Posadas, GR 24402. Feb. 19, 1926, citing The Standard Dict.]. Compare with Clothier. Take, or attempt to take, by intimidation. Willfully to take, or attempt to take, by putting in fear of bodily harm. [People v. Alfeche, GR 102070. July 23, 1992]. Taking. The term imports a physical dispossession of the owner, as when he is ousted from his land or relieved of his watch or his car and is thus deprived of all beneficial use and enjoyment of his property.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1132 [Cruz, Constl. Law, 1998 Ed., p. 69].
SCRA 336, 337. Aug. 15, 1974].
Taking advantage of official position in the commission of the offense. An aggravating circumstance that requires that the accused, as a public officer, used the influence or reputation of his position for the purpose of committing the crime. [Art. 14 (1), RPC].
Talangka. Tag. Small crabs. [People v. Rejano, GR 105669-70. Oct. 18, 1994].
Taking advantage of superior strength. Using purposely excessive force out of proportion to the means of defense available to the person attacked. [People v. Canciller, GR 97296. Mar. 4, 1992]. Taking of property for purposes of eminent domain. Elements: (a) The expropriator must enter a private property; (b) the entrance into private property must be for more than a momentary period; (c) the entry into the properly should be under warrant or color of legal authority; (d) the property must be devoted to a public use or otherwise informally appropriated or injuriously affected; and (e) the utilization of the property for public use must be in such a way to oust the owner and deprive him of all beneficial enjoyment of the property. [Rep. v. Vda. de Castellvi, 58
Talipapa. Tag. A conglomeration of vendors’ stalls. [Villanueva v. Castañeda, GR L-61311. Sep. 21, 1987]. Tamper. To interfere improperly or in violation of the law such as to tamper with a document. [Duhaime's Legal Dict., 2004]. Tanggero. Tag. The person who refills the glass so the other persons present in a group drinking session locally termed as “tagayan” could take their turn in drinking. [People v. Canceran, GR 104866. Jan. 31, 1994]. Tank barge. Any tank vessel not equipped with a means of self propulsion. [Sec. 3, PD 600]. Tank vessel. Any vessel especially constructed or converted to carry liquid bulk cargo in tanks. [Sec. 3, PD 600]. Tape printout. An adding machine-like tape containing the names of all candidates and the corresponding votes
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1133 obtained per precinct directly produced by the counting machine. [Sec. 2, RA 8046]. Tarantado. Reckless. [People v. Tejada, GR L-55028. Aug. 31, 1981]. Tardiness. The failure to arrive at a time set; lack of punctuality or not arriving on time. This definition inevitably implies that an officer or employee may, in one working day, incur tardiness twice – one in the morning and another in the afternoon. [Ejercito-Domider, Ma. Teresita, CSC Res. 001640, July 13, 2000]. Tari. Tag. Gaffs. [Banawa v. De Jesus, AM 1381. June 29, 1982]. Tariff. 1. A book of rates drawn usually in alphabetical order containing the names of several kinds of merchandise with the corresponding duties to be paid for the same. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 21]. 2. The duties payable on goods imported or exported. [PD 230]. 3. The system or principle of imposing duties on the importation (or exportation) of goods. [Black’s Law Dict., 3rd Ed., p. 1703].
Tariff and Customs Code of 1978. PD 1464 entitled “A Decree to consolidate and codify all the tariff and customs laws of the Philippines” signed into law on June 11, 1978. Tariff bill. A bill filed in Congress proposing rates or duties to be imposed on imported articles. [Claridades, A., Compilation of Notes, 2001-2006]. Task. A major element of work or combination of elements by means of which a specific result is achieved. [Sec. 1, Rule 1, IRR of LC]. Tax. 1. A financial obligation imposed by a state on persons, whether natural or juridical, within its jurisdiction, for property owned, income earned, business or profession engaged in, or any such activity analogous in character for raising the necessary revenues to take care of the responsibilities of government. [Rep. v. Phil. Rabbit Bus Lines, GR L26862. Mar. 30, 1970]. 2. A sum of money imposed on incomes, sales, or property by a government for its support. [Intl. Law Dict. & Direct., 2004]. Taxable income. 1. The pertinent items of gross income specified in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1134 National Internal Revenue Code, less the deductions and/or personal and additional exemptions, if any, authorized for such types of income by said Code or other special laws. [Sec. 31, NIRC, as amended]. 2. The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions. [Glossary of Legal Terms (Pro-Se), 2004]. Taxable value. Assessed value.
See
Taxable year. The calendar year, or the fiscal year ending during such calendar year, upon the basis of which the net income is computed. [Sec. 22, NIRC, as amended]. Tax amnesty. authorization for to pay delinquent thereby avoid prosecution. [Intl. & Direct., 2004].
One-time taxpayers taxes and possible Law Dict.
Taxation. The process or means by which the sovereign, through its lawmaking body, raises income to defray the necessary expenses of government. It is a method of apportioning the cost of government among those who in some measure are
privileged to enjoy its benefits and must, therefore, bear its burdens. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 1, citing 51 Am. Jur. 341; 1 Cooley 72-93]. Tax avoidance. 1. The use by the taxpayer of legally permissible alternative tax rates or methods of assessing taxable property or income, in order to avoid or reduce tax liability. It is not punishable by law. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 59]. 2. Taking advantage of legal or arguably legal tax loopholes. [Intl. Law Dict. & Direct., 2004]. Also called as Tax minimization. Compare with Tax evasion. Tax benefit rule. The recovery of bad debts previously allowed as deduction in the preceding years shall be included as part of the gross income in the year of recovery to the extent of the income tax benefit of said deduction. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 158, citing NIRC, as amended]. Tax capitalization. The reduction in the price of the taxed object equal to the capitalized value of future taxes which the purchaser expects to be called upon to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1135 pay. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 56].
1 Cooley, Taxation, 4th Ed., p. 61 (1924)].
Tax
Tax evasion. 1. A term that connotes fraud through the use of pretenses and forbidden devices to lessen or defeat taxes. [Yutivo Sons Hardware Co. v. CA, GR L13203. Jan. 28, 1961]. 2. The use by the taxpayer of illegal or fraudulent means to defeat or lessen the payment of a tax. It is punishable by law. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 58]. 3. The intentional misrepresentation or concealment of a person's tax obligations. [Intl. Law Dict. & Direct., 2004]. Also known as Tax dodging. Compare with Tax avoidance.
Taxes. 1. Financial burdens imposed for the purpose of raising revenues with which to defray the cost of the operation of the Government. [Board of Assessment Appeals v. CTA, 8 SCRA 225]. 2. The enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of government and for all public needs. [Rep. v. Phil. Rabbit Bus Lines, GR L26862. Mar. 30, 1970, citing
Tax exemption. 1. The grant of immunity to particular persons or corporations or to persons or corporations of a particular class from a tax which persons and corporations generally within the same state or taxing jurisdiction are obliged to pay. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 60]. 2. An immunity or privilege; it is freedom from a financial charge or burden to which others are subjected. [Greenfield v. Meer, 77 Phil. 394].
Tax credit. 1. The taxpayer’s right to deduct from the income tax due, the amount of tax he has paid to a foreign country subject to limitations. It may also refer to the amount which is allowed as a deduction of Philippine income tax. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 124]. 2. Any of the credits against taxes extended to a registered enterprise by RA 5186, to evidence which a tax credit certificate shall be issued by the Bureau of Internal Revenue. [Sec. 3, RA 5186]. Tax dodging. evasion.
See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1136 Tax minimization. See Tax avoidance. Taxpayer. 1. Any person subject to tax imposed by Title II of the NIRC, as amended. [Sec. 22, NIRC]. 2. A person who must pay a tax. [Intl. Law Dict. & Direct., 2004]. Taxpayer's suit. Action or proceedings initiated by one or more taxpayers in their own behalf or, conjunctively, in representation of others similarly situated for the purpose of declaring illegal or unauthorized certain acts of public officials which are claimed to be injurious to their common interests as such taxpayers [Kilosbayan v. Guingona, GR 113375. May 5, 1994, citing Cf. 71 Am Jur 2d., 179-180]. Taxpayer's suit. Requisites: (a) That public funds are disbursed by a political subdivision or instrumentality and in doing so, a law is violated or some irregularity is committed; and (b) that the petitioner is directly affected by the alleged ultra vires act. [Bugnay Construction v. Laron, 176 SCRA 240 (1989)]. Tax pyramiding. It occurs because goods and services that are inputs into higher stages of production are
taxed multiple times as they move through the production or service chain. By comparison, a VAT taxes only the value that is added by an enterprise to the goods and services it sells, not its gross value. By avoiding pyramiding, the VAT subjects all final goods and services to the same level of taxation, thereby achieving greater neutrality and greater fairness. [http://sme.com.ph]. Tax Reform Act of 1997. RA 8424 entitled “An Act amending the National Internal Revenue Code, as amended, and for other purposes” enacted on Dec. 11, 1997. See National Internal Revenue Code. Tax statutes. Laws which impose rules and regulations related to taxation or to the creation of particular sources of revenue such as taxes, fees and charges that are needed for the support of government and for all public needs. [Suarez, Stat. Con., (1993), p. 91]. Tax treaty. A bilateral convention (but may be made multilateral) entered into between sovereign states for purposes of eliminating double taxation on income and capital, preventing fiscal evasion, promoting mutual trade and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1137 investment, and according fair and equitable tax treatment to foreign residents or nationals. [Comm. of Int. Rev. v. Procter & Gamble, GR 66838. Dec. 2, 1991]. Tayador. See Bettor. Teacher. All persons engaged in classroom teaching, in any level of instruction, on fulltime basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. [Sec. 2, RA 4670]. Teacher education. The preservice education, in-service education, and graduate education of teachers, in various areas of specialization. [Sec. 2, RA 7784]. Teacher-in-charge. The one designated by the dean, principal, or other administrative superior to exercise supervision over the pupils in the specific classes or sections to which they are assigned. [Amadora
v. CA, GR L-47745. Apr. 15, 1988]. Teachers. 1. All persons engaged in teaching at the elementary and secondary levels, whether on full-time or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under RA 7836. [Sec. 4, RA 7836]. 2. All persons engaged in teaching at the elementary and secondary levels, whether on a full-time or part-time basis, including guidance counselors, school librarians, industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and legally qualified to practice teaching under PD 1006. [Sec. 3, PD 1006]. Teaching. 1. The profession concerned primarily with classroom instruction, at the elementary and secondary levels in accordance with the curriculum prescribed by the DepEd, whether on part-time or full-time basis in the private or public schools. [Sec. 4, RA 7836]. 2. The profession primarily concerned with the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1138 classroom instruction, at the elementary and secondary levels, in accordance with the curriculum prescribed by National Board of Education, whether on part-time or fulltime basis in the public or private schools. [Sec. 3, PD 1006]. Teaching or academic staff. All persons engaged in actual teaching and/or research assignments, either on full-time or part-time basis, in all levels of the educational system. [Sec. 6, BP 232]. Technical education. The education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, paraprofessionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and technological studies, and related job skills training. [Sec. 4, RA 7796]. Technical Education and Skills Development Act of 1994 or the TESDA Act of 1994. RA 7796 entitled “An Act creating the Technical Education and Skills Development Authority, providing for its powers, structure and for other
purposes” enacted on Aug. 25, 1984. Technical personnel of repair and service enterprise. A machine or technician or any person who works or renders diagnosis or advice in connection with repair, service and maintenance of the consumer products in a repair and service firm. [Art. 4, RA 7394]. Technical reserve. All the available funds kept in a separate account out of which claims for losses will be paid. [Sec. 3, RA 6424]. Technological assistance contracts. Contracts for: (a) the transfer, by license or otherwise, of patents, processes, formulas or other technological rights of foreign origin; and/or (b) foreign assistance concerning technical and factory management, design, planning, construction and similar matters. [Sec. 3, RA 5186]. Technology. The application of knowledge or science which shall include all others such an inventions, innovations and results of researches. [Sec. 3, RA 7459].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1139 Technology-based. Utilization of technology. [Sec. 4, RA 8435]. Technology transfer arrangements. Contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market. [Sec. 4, RA 8293]. Telecommunication apparatus. Any apparatus constructed or adapted for use in transmitting or receiving anything conveyed by a telecommunication system and includes any telecommunication line used in telecommunication system. [Sec. 2, RA 7678]. Telecommunication line. Any wire, cable, tube, pipe, conduit or other similar things, including its casing or coating, which is so designated or adapted to be a telecommunication apparatus. [Sec. 2, RA 7678; Sec. 2, RA 7617]. Telecommunication message. 1. Anything
conveyed by means of telecommunication system. [Sec. 2, RA 7678]. 2. Voice, data, images and anything conveyed through a telecommunications system. [Sec. 2, RA 7617]. Telecommunications apparatus. Any device or equipment manufactured or adopted for use in transmitting or receiving anything conveyed by a telecommunications system, and includes any telecommunications lines. [Sec. 2, RA 7617]. Telecommunications service. A service consisting of the conveyance by means of a telecommunication system of any telecommunication message and includes a directory information service and installation, maintenance, adjustment, repair, movement, or re-placement of telecommunication apparatus, excluding the broadcasting of any telecommunication message, the purpose of which is to advertise any product or service other than the use of the telecommunication service itself. [Sec. 2, RA 7678; Sec. 2, RA 7617]. Telecommunications system. 1. A facility for conveyance through the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1140 agency of the electric, magnetic, electromagnetic, electrochemical or electromechanical energy of speech, music and other sounds, visual images and signal serving either for the importation of any matter or for the actuation or control of machinery or apparatus. [Sec. 2, RA 7678]. 2. The combination of hardware and software for the conveyance, through the agency of electric, magnetic, electro-magnetic, electrochemical or electromechanical energy of speech and other sounds, visual images, data or signals. [Sec. 2, RA 7617]. Telephone service. A telecommunication service consisting of the conveyance of voice and non-voice telecommunication messages and data including, but not limited to video transmission, telefax, teleconferencing, television, and the like. [Sec. 2, RA 7678; Sec. 2, RA 7617]. Television broadcast. Public showing by transmitting sound or images by television or similar equipment, including cable television, and other limited audience distribution. [Sec. 10, PD 1986]. Temperate damages.
or moderate 1. These are
more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty. [Art. 2224, CC]. 2. Such damages as are reasonable compensation for injury. They are more than nominal damages but less than compensatory damages. [Torres, Oblig. & Cont., 2000 Ed., p. 334, citing 17 CJ, p. 716]. Temporalities. Estates and properties not used exclusively for religious worship. Property of every corporation sole held in trust for the use, purpose, behoof and benefit of the religious society, or order so incorporated or of the church to which the diocese, synod, or district organization is an organized and constituent part. [Roman Catholic Apostolic Administrator Of Davao v. Land Registration Commission, GR L-8451. Dec. 20, 1957, citing Public Act No. 1459]. Temporal region. The flat part outside of the head above the cheek bones. [Moreno’s Law Dict., 2000 Ed., p. 463]. Temporary appointment. Admin. Law. An appointment
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1141 that does not give the appointee any definite tenure of office but makes it dependent upon the pleasure of the appointing power. [Romualdez v. CSC, 197 SCRA 168]. Temporary Protection Order or TPO. The protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in RA 9262 and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO. [Sec. 15, RA 9262]. Compare with Permanent Protection Order. Temporary relief. Rem. Law. Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.
[Glossary of Legal (Pro-Se), 2004].
Terms
Temporary restraining order (TRO). An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action. [Glossary of Legal Terms (Pro-Se), 2004]. Temporary statute. A statute whose life or duration is fixed for a specified period of time at the moment of its enactment, and continues in force, unless sooner repealed, until the expiration of the time fixed for its duration. E.g.: PD 851 granting 13th month pay. [Suarez, Stat. Con., (1993), p. 96]. Compare with Permanent statute. Temporary total disability. It accrues or arises when the impaired physical and/or mental faculties can be rehabilitated and/or restored to their normal functions. [Sec. 2, PD 1146]. Compare with Permanent total disability. Temporo. The area at or near the temple. [Moreno’s Law Dict., 2000 Ed., p. 464].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1142 Tenancy Emancipation Decree. PD 27 and its companion, PD 266. [Pagtalunan v. Tamayo, GR 54281. Mar. 19, 1990]. Tenancy relationship. A juridical the which arises between a landlord and a tenant once they agree, expressly or impliedly, to undertake jointly the cultivation of land belonging to the former, either under the share tenancy or leasehold tenancy system, as a result of which relationship the tenant acquires the right to continue working on and cultivating the land, until and unless he is dispossessed of his holdings for any of the just causes enumerated in Sec. 50 or the relationship us terminated in accordance with Sec. 9 [of RA 1199]. [Sec. 6, RA 1199, cited in Ponce v. Guevarra, GR L-19629 & L-19672-92. Mar. 31, 1964]. Tenancy relationship. Requisites: (a) The parties are the landowner and the tenant; (b) the subject is agricultural land; (c) there is consent; (d) the purpose is agricultural production; (e) there is personal cultivation; and (f) there is sharing of harvests. [Baranda v. Baguio, 189 SCRA 194 (1990)].
Tenant. 1. The rightful occupant of land and its structures, but does not include those whose presence on the land is merely tolerated and without the benefit of contract, those who enter the land by force or deceit, or those whose possession is under litigation. [Sec. 3, PD 1517]. 2. A person who, himself and with the aid available from within his immediate farm household, cultivates the land belonging to, or possessed by, another, with the latter's consent for purposes of production, sharing the produce with the landholder under the share tenancy system, or paying to the landholder a price certain or ascertainable in produce or in money or both, under the leasehold tenancy system. [Sec. 5, RA 1199]. 3. A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usually in exchange for rent. The contract for this type of legal arrangement is called a lease. The word "tenant" originated under the feudal system, referring to land "owners" who held their land on tenure granted by a lord. [Duhaime's Legal Dict., 2004]. Tenant Emancipation Decree. PD 27 entitled “Decreeing the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1143 emancipation of tenants from the bondage of the soil, transferring to them the ownership of the land they till and providing the instruments and mechanism therefor” signed into law on Oct. 21, 1972. Tenant-farmer. Under PD 946, the actual tiller who personally works the land, as well as those who actually till the land and have gained the status of tenants. [Moreno’s Law Dict., 2000 Ed., p. 465]. Tenant-lessee. Any person who, with the consent of the former, tills, cultivates or operates said land, susceptible of cultivation by one individual, personally or with the aid of labor available from among his own immediate farm household. [Sec. 42, RA 1199]. See Landholderlessor. Tenants’ Emancipation Act. PD 27 entitled “Decreeing the emancipation of tenants from the bondage of the soil, transferring to them the ownership of the land they till and providing the instruments and mechanism therefor” signed into law on Oct. 21, 1972. Tenants in common. Similar to Joint tenants. Tenants who share equal property
rights except that, upon the death of a tenant in common, that share does not go to the surviving tenants but is transferred to the estate of the deceased tenant. Unity of possession but distinct titles. [Duhaime's Legal Dict., 2004]. Tender. 1. Synonymous with proposal, bid or the quotation for supplies or property offered. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. An unconditional offer of a party to a contract to perform his part of the bargain. For example, if the contract is a loan contract, a tender would be an act of the debtor where he produces the amount owing and offers to the creditor. In real property law, when a party suspects that the other may be preparing to renege, he can write a tender in which he unequivocally re-asserts his intention to respect the contract and tender his end of the bargain; either by paying the purchase or delivering the title. [Duhaime's Legal Dict., 2004]. Tender of excluded evidence. If documents or things offered in evidence are excluded by the court, the offer or may have the same attached to or made
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1144 part of the record. If the evidence excluded is oral, the offer or may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony. [Sec. 40, Rule 132, RoC]. Tender of payment. 1. The manifestation by the debtor to the creditor of his desire to comply with his obligation, with the offer of immediate performance. [Tolentino, Civil Code of the Phil., Vol. IV (1985)]. 2. It involves a positive and unconditional act by the obligor of offering legal tender currency as payment to the obligee for the former's obligation and demanding that the latter accept the same. [Roman Cath. Bishop of Malolos v. IAC, GR 72110. Nov. 16, 1990]. Tenement. Property that could be subject to tenure under English land law; usually land, buildings or apartments. The word is rarely used nowadays except to refer to dominant or servient tenements when qualifying easement. [Duhaime's Legal Dict., 2004]. Tenement house. 1. A building or portion thereof which is leased or sold to an
occupied as residence by four or more families doing their cooking within the premises but living independently of one another although having a common right in the use of halls, stairways, terraces, verandas, toilets, and baths. [Sec. 63, PD 856]. 2. Any house or building, or portion thereof, which is rented, leased, or hired out to be occupied, or is occupied, as the home or residence of three families or more living independently of each other and doing their cooking in the premises, or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water-closets, or privies, or some of them. [City of Iloilo v. Villanueva, L-12695, Mar. 23, 1959]. Tentative de violacion. Sp. Attempted rape. [US v. Mendez, GR L-6483. Mar. 11, 1911]. Tenure. 1. Admin. Law. It represents the term during which the incumbent actually holds office. [Gaminde v. COA, GR 140335. Dec. 13, 2000]. 2. Property. A right of holding or occupying land or a position for a certain amount of time. The term was first used in the English feudal land system, whereby all
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1145 land belonged to the king but was lent out to lords for a certain period of time; the lord never owning, but having tenure in the land. Used in modern law mostly to refer to a position a person occupies such as in the expression "a judge holds tenure for life and on good behavior." [Duhaime's Legal Dict., 2004]. Compare with Term. Tenured migrant communities. Are communities within protected areas which have actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with RA 7586 and are solely dependent therein for subsistence. [Sec. 4, RA 7586]. Terceria. A third party claim. The remedy accorded under Sec. 7, Rule 60 of the Rules of Court to any person, other than the defendant or his agent, whose property is seized pursuant to the writ of delivery. [La Tondeña Distillers v. CA, GR 88938. June 8, 1992]. Term. Civ. Law. That which necessarily must come whether the parties know when it will happen or not. [Moreno’s Law Dict., 2000 Ed., p. 466].
Term. Admin. Law. A fixed and definite period of time which the law describes that an officer may hold an office. [Aparri v. CA, GR L-30057. Jan. 31, 1984, citing Sueppel v. City Council of Iowa City, 136 N.W. 2D 523]. Compare with Tenure. Terminable marriage. A marriage conditioned on the reappearance of the absent spouse. It does not refer to Arts. 35 to 38 of the Family Code. [Claridades, A., Compilation of Notes, 20012006]. Term of office. Admin. Law. The period during which an office may be held. Upon the expiration of the officer's term, unless he is authorized by law to hold over, his rights, duties and authority as a public officer must ipso facto cease. [Aparri v. CA, GR L-30057. Jan. 31, 1984, citing Mechem, Secs. 396397]. Terminal facility. The seaport and its facilities of wharves, piers, slips, docks, dry docks, bulkheads, basins, warehouses, cold storage, and loading or unloading equipment. [Sec. 3, PD 857]. Terminal fees. All charges for parking at or near the ramp, terminal area or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1146 building for purposes of loading or unloading passengers and/or cargo. [Sec. 3, RA 224]. Terminal leave. Leave applied for by an officer or employee who retires, resigns or is separated from the service through no fault of his own. [Manual on Leave Administration Course for Effectiveness, published by the CSC, p. 16]. Terminal leave pay. The cash value of the accumulated leave credits of an officer or employee who has already severed his connection with his employer and who is no longer working. It is no longer compensation for services rendered. It can not be viewed as salary. [In Re: Zialcita, AM 90-6-015-SC. Oct. 18, 1990]. Terminate. To put an end to, to make to cease or to end. It connotes finality. [Caballero v. alfonso, Jr., GR L-45647. Aug. 21, 1987]. Termination. Labor. The term is used to denote dismissal or lay-off. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. Termination dispute. Labor. A labor dispute arising from the termination of employment of a worker who
thereafter contests the validity or legality of his dismissal by filing a complaint with the regional branch of the National Labor Relations Commission. The burden of proving that the termination was for a valid or authorized cause shall rest on the employer. [per Sec. 33, RA 6715]. Termination pay. Labor. The pay to which an employee shall be entitled equivalent to at least one month's salary for every year of service, a fraction of at least six (6) months being considered as one whole year, in case of termination of his employment due to the installation of laborsaving devices or redundancy. [per Sec. 9, LC]. Termination Pay Law. RA 1052, as amended. [Expressly repealed by the Labor Code]. Term of office. 1. The time during which the officer may claim to hold office as of right, and fixes the interval after which the several incumbents shall succeed one another. [Gaminde v. COA, GR 140335, Dec. 13, 2000]. 2. The period during which an elected officer or appointee is entitled to hold office, perform its functions and enjoy its privileges and emoluments. [Francisco v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1147 Men Abad, GR L-36927-28. Apr. 15, 1974, citing Black's Law Dict., 3rd Ed., pp. 1558, 1717]. Term of office of union officials. Labor. The tenure of office of elected officials of a labor organization which is for a fixed period of five (5) years. [Sec. 1, Rule 1, Book 5, IRR of LC]. Terms and conditions. Other requirements not affecting the technical specifications and requirements of the supplies or property desired such as bonding, terms of delivery and payment, and related preferences. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Terra nullius. Lat. Land belonging to no one. 1. Territory not belonging to any state. [Sandoval, Pol. Law Reviewer 2003]. 2. Unoccupied land. [Intl. Law Dict. & Direct., 2004]. Terreno inculto. Sp. Uncultivated land. [Moreno’s Law Dict., 2000 Ed., p. 466]. Terrestrial domain. Also Land domain. Intl. Law. The land mass on which the people live. It may be “integrate,” as in the case of Iran, or “dismembered,” as in the case of the United States, or may be partly
bounded by water like Burma, or completely surrounded like Iceland, or may consist of several islands like the Philippine archipelago. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61]. Territoriality. A characteristic of criminal law where the law is considered applicable to all crimes committed within the limits of Philippine territory, which includes its atmosphere, interior waters and maritime zone. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., citing Art. 2, RPC, p. 2]. Territoriality principle. Intl. Law. Doctrine that a court has criminal jurisdiction if the offense was committed within the forum state. [Intl. Law Dict. & Direct., 2004]. Territorial power and jurisdiction. Pol. Law. The power and jurisdiction of the state over persons and things within its territory. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 30]. Territorial sea. The waters adjacent to a coastal state and extending seaward up to a limit not to exceed 12 miles from its baselines in which that state exercises complete sovereignty with the exceptions of innocent passage and transit passage.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1148 [Intl. Law Dict. & Direct., 2004]. Territorial sea of the Philippines. All the waters beyond the outermost islands of the Philippine archipelago but within the limits of its boundaries. [Preambulatory clause, RA 3046, as amended]. Territorial sovereignty. Intl. Law. The right of a government to exclusively exercise its powers within a particular territory. [Intl. Law Dict. & Direct., 2004]. Territory. The fixed portion on the surface of the earth on which the state settles and over which it has supreme authority. [Sandoval, Pol. Law Reviewer 2003]. Terrorism. From Lat. terror: to frighten. The sustained clandestine use of violence for a political purpose. [Intl. Law Dict. & Direct., 2004].
recollect the property to be disposed of and the persons who would naturally be supposed to have claims upon the testator, and to comprehend the manner in which the instrument will distribute his property among the objects of his bounty. [Bugnao v. Ubag (1909), 14 Phil., 163; Bagtas v. Paguio (1912), 22 Phil., 227; and Jocson v. Jocson (1922), 46 Phil., 701]. 2. The legal ability to make a will. [Glossary of Legal Terms (Pro-Se), 2004]. Testamentary succession. Succession which results from the designation of an heir, made in a will executed in the form prescribed by law. [Art. 779, CC]. Compare with Legal or intestate succession.
Tertiary education. Post secondary schooling is higher education leading to a degree in a specific profession or discipline. [Sec. 20, BP 232].
Testamentary trust. 1. A trust set up by a will. [Glossary of Legal Terms (Pro-Se), 2004]. 2. A trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts. [Duhaime's Legal Dict., 2004].
Testamentary capacity. 1. The capacity to comprehend the nature of the transaction in which the testator is engaged at the time, to
Testate estate. An estate of a deceased person which is settled or to be settled with the last will and testament of that deceased person called
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1149 the testator. [Bench Book for Trial Court Judges, p. 3-1, citing Art. 775, CC]. Compare with Intestate estate. Testator. 1. The term applied to the person whose property is transmitted through succession, if he left a will. Regardless of whether or not he left a will, he is also generally called the decedent. [Art. 775, CC]. 2. Person who makes a will. Female: Testatrix. [Glossary of Legal Terms (Pro-Se), 2004]. Testimonial compulsion. Evid. 1. Extraction of admission from the person's own lips. [Material Distributors, Inc. v. Natividad, GR L-1716. June 28, 1949, citing 4 Wigmore, 865, 2263]. 2. Compulsory oral examination of prisoners before trial, or upon trial, for the purpose of extorting unwilling confessions or declarations implicating them in the commission of a crime. [US v. Tan Teng, GR 7081. Sep. 7, 1912, citing People v. Gardner, 144 NY, 119]. Testimonial evidence. Verbal or oral evidence. Evidence which consists of the narration or deposition by one who has observed or has personal knowledge of that to which he is testifying.
[Claridades, A., Compilation of Notes, 2001-2006]. Compare with Documentary evidence. Testimony. 1. The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The verbal presentation of a witness in a judicial proceeding. [Duhaime's Legal Dict., 2004]. Textual approach. To interpret the text of a treaty according to the clear and ordinary meaning of its words. [Intl. Law Dict. & Direct., 2004]. Thalamus. The diencephalons which involves the forebrain. [Moreno’s Law Dict., 2000 Ed., p. 466]. Theater of war. Intl. Law. The place where hostilities are actually conducted as distinguished from the region of war. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138]. Theater ticket. A theater ticket has been described to be either a mere license, revocable at the will of the proprietor of the theater or it may be evidence of a contract whereby, for a
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1150 valuable consideration, the purchaser has acquired the right to enter the theater and observe the performance on condition that he behaves properly. [Balacuit v. CFI of Agusan del Norte, GR L-38429. June 30, 1988, citing Law of the Stage, Screen and Radio by Marchetti, 1939 Ed., page 268]. Theatrical distribution. Public showing and/or exhibition in any cinema or theater or in any other place of motion pictures imposing admission fees on persons for entertainment, education, information and advertising. [Sec. 10, PD 1986]. See Non-theatrical distribution. Theft. Crim. Law. 1. The felony committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. It is likewise committed by: (a) Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; (b) Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused
by him; and (c) Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products. [Art. 308, RPC]. 2. Taking of the thing to be appropriated into the physical power of the thief, which idea is qualified by other conditions, such as that taking must be effected animo lucrandi and without the consent of the owner. [People v. Avila, GR 19786. Mar. 31, 1923]. Theft. Elements essential to constitute the crime: (a) the taking of personal property; (b) that the property belongs to another; (c) that the taking was done with intent of gain; (d) that it was done without the consent of the owner, and (e) that it was accomplished without violence or intimidation of persons nor force upon things [US v. De Vera, 43 Phil. 1000; People v. Mercado, 65 Phil. 665; People v. Yusay, 50 Phil. 598; People v. Rodrigo, L18507, Mar. 31, 1966, 16 SCRA 475]. Theft clause. Ins. A clause which includes theft as among the risks insured against. [Claridades, A.,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1151 Compilation of Notes, 20012006]. Theft of minerals. Elements: (a) The accused extracted, removed and/or disposed of minerals; (b) these minerals belong to the Government or have been taken from a mining claim or claims leased, held or owned by other persons; and (c) the accused did not possess a mining lease or a temporary permit or any other permit to mine granted by the DENR Sec. or the Director of Mines under existing mining decrees, laws and regulations. [Sec. 78, PD 463, as amended by Sec. 23, PD 1385]. Theoretical justice. A tax system based on the taxpayer’s ability to pay; it must be progressive. [Claridades, A., Compilation of Notes, 2001-2006]. Theory of cognition. See Cognition theory. Theory of concurrent proximate cause. See Concurrent proximate cause theory. Theory of manifestation. See Manifestation theory. Third-party. Any person other than a passenger as defined in Sec. 373 of the Ins. Code and shall also
exclude a member of the household, or a member of the family within the second degree of consanguinity or affinity, of a motor vehicle owner or land transportation operator, as likewise defined herein, or his employee in respect of death, bodily injury, or damage to property arising out of and in the course of employment. [Sec. 373, IC, as amended by PD 1814 and 1981]. Third (fourth, etc.) party com-plaint. 1. A claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim. [Sec. 11, Rule 6, RoC]. 2. A petition filed by a defendant against a third (fourth, etc.) party (not presently a party to the suit) which alleges that the third (fourth, etc.) party is liable for all or part of the damages plaintiff may win from defendant. [Glossary of Legal Terms (Pro-Se), 2004]. Third Party Liability (TPL). See Compulsory Motor Vehicle Liability Insurance. Third person. 1. Anyone who is not a co-owner, within the meaning of Art. 1620 of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1152 of the Civil Code (on the right of legal redemption of a co-owner). [Basa v. Aguilar, L-30994, Sep. 30, 1982, 117 SCRA 130; Villanueva v. Florendo, L-33150, Oct. 17, 1985, 139 SCRA 333]. 2. One who has not taken part in the act or contract recorded. [Barrios v. Dolo, GR 559. Mar. 14, 1903, citing Art. 27, Mortgage Law]. Third reading of a bill. The reading of the bill in the form as approved on second reading and takes place only after printed copies thereof in its final form have been distributed to the Members (of Congress) at least three days before, unless the bill is certified (as urgent by the Chief Executive). [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Thirteenth (13th) month pay. One-twelfth (1/12) of the basic salary of an employee within a calendar year. [Sec. 2, PD 851]. Thirteenth Month Pay Law. PD 851 entitled “Requiring all employers to pay their employees a 13th month pay” signed into law on Dec. 16, 1975. Thoraco-abdominal region. Belly. [Moreno’s Law Dict., 2000 Ed., p. 468].
Threat. A declaration of an intention or determination to injure another by the commission upon his person, honor or property or upon that of his family of some wrong which may or may not amount to a crime. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., pp. 685-686]. Threatened species. A general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction. [Sec. 5, RA 9147]. Threatening to publish and offer to prevent such publication for a compensation. Crim. Law. The felony committed by any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration. [Art. 356, RPC]. Threat of serious injury. Serious injury that is imminent. [Sec. 4, RA 8800]. Three-fold rule. Crim. Law. The rule that the maximum
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1153 duration of the sentence should not be more than three times the most severe penalty. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 277]. Thrift banks. Savings and mort-gage banks, private development banks, and stock savings and loans associations organized under existing laws, and any banking corporation that may be organized for the purposes enumerated under Sec. 3 of RA 7906. [Claridades, A., Compilation of Notes, 2001-2006]. Thrift Banks Act of 1995. RA 7906 entitled “An Act providing for the regulation of the organization and operations of thrift banks, and for other purposes” enacted on Feb. 23, 1995. Tibihon. Tag. A person suffering from tuberculosis. [Gonzales v. Arcilla, GR 27923. Nov. 18, 1991]. Timber. Any piece of wood having an average diameter of at least 15 centimeters and at 1.5 meters long, except all mangrove species which in all cases, shall be considered as timber regardless of size. [Sec. 1.11, DENR Order No. 80, 28 Dec. 1987, s. of 1987]
Timber land. Also Forest land. A classification of lands of the public domain in the Constitution. (Sec. 3, Art. XII of the 1987 Constitution). It is not descriptive of what appears on the land but is a legal status, a classification for legal purposes. [Rep. v. CA, GR L-56948. Sep. 30, 1987]. Compare with Forest. Time allowance for good conduct. See Good conduct time allowance. Time charter. Mar. Law. A contract to use a vessel for a particular period of time, the charterer obtaining the right to direct the movements of the vessel during the chartering period, although the owner retains possession and control. [Maritime Agencies & Services, Inc. v. CA, GR 77638. July 12, 1990]. Time immemorial. A period of time when as far back as memory can go, certain Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs) are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions. [Sec. 4, RA 8371].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1154 Time limitations. A common law term (also known as time-bars) referring to periods of time, prescribed by statutes (statutes of limitation) or international conventions, the expiry of which results in the loss of the right to sue to enforce a claim or right. Although the common law traditionally viewed most time limitations as procedural and therefore subject to the lex fori, they are increasingly understood as substantive, and thus governed by the law applicable to the underlying contract or tort. [Tetley, Glossary of Conflict of Laws, 2004]. See also Prescription. Time price differential. The amount added to the cash price of an article when the sale is on credit. It is not interest within the meaning of the Usury Law. [Emata v. IAC, GR 72714. June 29, 1989]. Tirahin. Tag. A popular expression specially among the criminal element which means to go after or do something to someone, or even to kill him. [People v. Cruz, GR L-8776. May 19, 1958]. Tire adjustment allowance. The credit allowed to a customer by a tire
manufacturer when the buyer of a tire finds some defect in it, that is, upon the return of the tire, he is credited with the cost of the tire less the value of the service it has rendered to him. Thus, when the customer purchases a new tire, he is given a discount equivalent to the adjustment credit on his defective tire. [Moreno’s Law Dict., 2000 Ed., p. 470]. Title. 1. Stat. Con. That part of the statute which gives a general statement of, and calls attention to, the subject matter of an Act, so that legislators and the public may be appraised of the subject matter of the legislation, and be put upon inquiry in regard thereto. [Suarez, Stat. Con., (1993), p. 43]. 2. Property. Legal ownership of property. [Glossary of Legal Terms (Pro-Se), 2004]. Title of the action. The part of a pleading that indicates the names of the parties who shall all be named in the original complaint or petition. [Sec. 1, Rule 7, Roc]. Titular sovereignty. Sovereignty fictitiously vested in a ruler who personifies the power and majesty of the state and in whose government is
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1155 conducted. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 36]. Titulo colorado. Sp. Such title where, although there was a mode of transferring ownership, still something is wrong because the grantor is not the owner. [De Jesus v. CA, GR 57092. Jan. 21, 1993]. Titulo de abogado. Sp. The term means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto. The English equivalent of Abogado is lawyer or attorney-at-law. [Ma. Cui v. Ma. Cui, GR L-18727. Aug. 31, 1964]. Titulo de compra. Sp. Title by purchase. [Dir. of Forestry v. Muñoz, GR L-25459. June 28, 1968]. Titulo gratuito. Sp. Gratuitous title. [Dir. of Forestry v. Muñoz, GR L25459. June 28, 1968]. Titulo lucrativo. Gratuitous title.
See
Titulo real. Sp. Royal grant. [Dir. of Forestry v. Muñoz, GR L-25459. June 28, 1968]. Titulo verdadero y valido. Sp. Such title which by itself is sufficient to transfer
ownership without necessity of letting the prescriptive period elapse. [De Jesus v. CA, GR 57092. Jan. 21, 1993]. Tobacco. 1. Agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products. [Sec. 4, RA 9211]. 2. Locally grown Virginia type tobacco, excluding those that are redried, threshed or blended. [Sec. 3, PD 1481]. Tobacco advertising. Any messages and images promoting smoking; the purchase or use of cigarette or tobacco trademarks brand names, design and manufacturer's names. [Sec. 4, RA 9211]. Tobacco distributor. Any person to whom a tobacco product is delivered or sold for purposes of distribution in commerce, except that such terms does not include a manufacturer or retailer or common carrier of such product. [Sec. 4, RA 9211]. Tobacco grower. Any person who plants tobacco before the enactment of RA 9211 and classified as such by the National Tobacco Administration (NTA). [Sec. 4, RA 9211].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1156 Tobacco inspection fees. National Internal Revenue taxes levied and collected for purposes of regulation and control and also as a source of revenue. [La Suerte Cigar and Cigarette Factory v. CTA, GR L-36130. Jan. 17, 1985]. Tobacco products. Any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended smoking or oral or nasal use. [Sec. 4, RA 9211]. Tobacco retailer. Any person who or entity that sells tobacco products to individuals for personal consumption. [Sec. 4, RA 9211]. Tobar doctrine. See Wilson doctrine. Together. In the same place or at the same spot; with each other locally; hence, in company or companionship. [Moreno’s Law Dict., 2000 Ed., p. 470]. Toilet preparation. Any preparation which is intended to affect and conceivably improve the bodily appearance, such as a lotion intended to contribute to the health and appearance of the skin.
[Comm. of Int. Rev. v. CTA, GR L-64768. Nov. 5, 1987]. Tolerance. Permission. [Moreno’s Law Dict., 2000 Ed., p. 470]. Tolerance. The specified allowance for error in weighing, measuring, etc., or variation from the standard or given dimension, weight or the like. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Toll. A sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge or the like, of a public nature. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 16]. Toll fee. When used in connection with highways, a duty imposed on goods and passengers traveling public roads. The toll for use of a toll road is for its use in traveling thereon, not for its use as a parking place for vehicles. [City of Ozamis v. Lumapas, GR L-30727. July 15, 1975]. Compare with Parking fee. Tonnage due. The amount paid by the owner, agent, operator or master of a vessel engaged in foreign trade coming to the Philippines from a foreign port or going to a foreign
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1157 port from the Philippines based on the net tonnage of the vessel or weight of the articles discharged or laden. [Sec. 3201, RA 1937]. Tools and implements. Instruments of husbandry or manual labor needed by an artisan craftsman or laborer to obtain his living. [Pentagon Security v. Jimenez, GR 88114. Dec. 20, 1990]. Torillo. Sp. A male carabao. [Moreno’s Law Dict., 2000 Ed., p. 471]. Torrens land registration system. A land registration system invented by Robert Torrens and in which the government is the keeper of the master record of all land and their owners. In the Torrens system, a land title certificate suffices to show full, valid and title. [Duhaime's Legal Dict., 2004]. Torrens system. 1. A system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. [Aquino, Land Regist. & Related Proceedings, 2002 Rev. Ed., p. 1, citing Black’s Dict, 5th Ed., 1979]. 2. The system of registration of transactions with interest in
land whose object is, under governmental authority, to establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer. This system was devised and first introduced in South Australia by Sir Robert Torrens in 1857. [Alba v. Dela Cruz, 17 Phil. 49, 58, 60 (1910)]. 3. The real purpose of the system is to quiet title of land; to put a stop forever to any question of the legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent thereto. That bring the purpose of the law, it would seem that once a title is registered the owner may rest secure, without the necessity of waiting in the portals of the courts, or sitting in the 'mirador de su casa,' to avoid the possibility of losing his land. [Legarda v. Saleeby, 31 Phil. 590 (1915)]. Torrens title. A certificate of ownership issued under the Torrens system of registration by the government through the Register of Deeds, naming and declaring the owner in fee simple of the real property described therein free from all liens and encumbrances except such
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1158 as may be expressly noted thereon or otherwise reserved by law. [PNB v. IAC, GR 71753. Aug. 25, 1989]. Torrent. That amount of water which in case of heavy rains gathers in deep places or canals where it is supposed to flow afterwards. [Moreno’s Law Dict., 2000 Ed., p. 471]. Tort. 1. Violation of a right given or the omission of a duty imposed by law. [Naguiat v. NLRC, GR 116123. Mar. 13, 1997, citing Words & Phrases, Permanent Ed., v. 41A, p. 503]. 2. A breach of a legal duty. [Naguiat v. NLRC, GR 116123. Mar. 13, 1997, citing Bouvier's Law Dict., 3rd Rev., v. 2]. 3. A private or civil wrong or injury for which the court provides a remedy through an action for damages. [Glossary of Legal Terms (Pro-Se), 2004]. Also referred to as Quasi-delict. Tort-feasor. Name given to a person or persons who have committed a tort. [Duhaime's Legal Dict., 2004]. Total allowable catch (TAC). The maximum harvest allowed to be taken during a given period of time from any fishery area, or from any fishery species or
group of fishery species, or a combination of area and species and normally would not exceed the MSY. [Sec. 4, RA 8550]. Total compensation. This takes place when the obligations are of different amounts and compensation extinguishes the obligations entirely. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare with Partial compensation. Total disability. It accrues or arises when the loss or reduction of earning capacity amounts to at least seventyfive percent; or when the aggregate loss or reduction or earning capacity resulting from more than one injury and/or disease amounts to at least one hundred percent. [Sec. 2, PD 1146]. Totality of circumstances test. The test adopted by the courts in resolving the admissibility of and relying on out-of-court identification of suspects, where they consider the following factors, viz: (a) the witness' opportunity to view the criminal at the time of the crime; (b) the witness' degree of attention at that time; (c) the accuracy of any prior description given by the witness; (d) the level of certainty demonstrated by the witness at the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1159 identification; (e) the length of time between the crime and the identification; and, (6) the suggestiveness of the identification procedure. [People v. Teehankee, GR 111206-08. Oct. 6, 1995, citing Neil v. Biggers, 409 US 188 (1973)]. Totality rule. The rule that where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions. [Sec. 33, BP 129, as amended by RA 7691]. Total loss. See Actual total loss or Constructive total loss. Tourist zone. A geographic area with well-defined boundaries proclaimed as such by the President, upon the recommendation of the Philippine Tourism Authority, and placed under the administration and control of the Authority. [Sec. 38, PD 564]. Toxic amount. The lowest amount of concentration of toxic pollutants, which may cause chronic or long-term
acute or lethal conditions or effects to the aquatic life, or health of persons or which may adversely affect designated water uses. [Sec 4, RA 9275]. Toxic cataract. Cataract brought about by certain drugs such as ergot, dinetrophenol, naphtalene, phenothiazines, and triparanol. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Toxic substance. Any substance other than a radioactive substance which can cause injury, illness or death to man through ingestion, inhalation or absorption through any body surface. [Art. 4, RA 7394]. TPL. Third Party Liability. TPO. See Temporary Protection Order. Traces. See Retrospectant evidence. Trade. 1. The act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally or internationally. [Sec. 5, RA 9147]. 2. Any group of interrelated jobs or any occupation which is traditionally or officially recognized as craft or artisan in nature requiring specific qualifications that can be
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1160 acquired through work experience and/or training. [Sec. 4, RA 7796]. 3. Any industrial craft or artisan occupation which is officially or traditionally recognized as requiring special qualifications which can only be acquired through lengthy training, experience, and practical and theoretical instruction. [Sec. 1, Rule 1, Book 2, IRR of LC]. Trade acceptance. Nego. Inst. A bill of exchange drawn by the seller on the purchase of goods. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., pp. 69-70]. Trade acceptance bill. Nego. Inst. A bill of exchange payable to order with a certain maturity, drawn by a seller against the purchaser of goods as drawee and accepted by such drawee. [Diaz, Bus. Law Rev., 1991 Ed., p. 364]. Trade dress. In Unfair Competition Law, a product sold in the market, not in a naked state, but dressed up with a package or container, label and perhaps, a display card. [Moreno’s Law Dict., 2000 Ed., p. 472]. Trademark. name.
See
Trade
Trade name. Also Trademark. 1. The name or designation identifying or distinguishing an enterprise. [Sec. 121, RA 8293]. 2. A word or words, name, title, symbol, emblem, sign or device or any combination thereof used as an advertisement, sign, label, poster or otherwise for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade name or trademark. [Art. 4, RA 7394]. 3. A word or words, name, title, symbol, emblem, sign or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trademark. [Art. 188, RPC]. Trade test. Examination or test to determine whether a person meets the standards of a particular trade. [Sec. 1, Rule 1, Book 2, IRR of LC]. Trading corporations. Corporations which were vested by their respective sovereigns with certain governmental powers over territory placed under their jurisdiction. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 17].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1161 Traditio brevi manu. The delivery of movable property made by the mere consent or agreement of the contracting parties, if the latter already had it in his possession for any other reason. [Art. 1499, CC]. This takes place when the vendee has possession of the thing sold in another capacity than an owner. [Diaz, Bus. Law Rev., 1991 Ed., p. 120]. Traditio constitutum possessorium. This is the opposite of Traditio brevi manu. This takes place when the vendor continues to have possession of the thing sold but no longer in the concept of an owner but in the concept of a lessee. [Diaz, Bus. Law Rev., 1991 Ed., p. 120, citing Art. 1500, CC]. Traditio longa manu. The delivery of movable property made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale. [Art. 1499, CC]. This is effected by simply pointing to the thing sold, after which the thing is now placed at the control and disposal of the vendee. [Diaz, Bus. Law Rev., 1991 Ed., p. 120].
Tradition or Traditio, or Tradicion. A mode of transmission of ownership which may be actual (real tradition) or constructive (constructive tradition). [Phil. Suburban Devt. Corp. v. Auditor General, GR L19545. Apr. 18, 1975]. See Delivery. Traditional and alternative health care. The sum total of knowledge, skills and practices on health care, other than those embodied in biomedicine, used in the prevention, diagnosis and elimination of physical or mental disorder. [Sec. 4, RA 8423]. Traditional and Alternative Medicine Act (TAMA) of 1997. RA 8423 entitled “An Act creating the Philippine Institute o Traditional ad Alternative Health Care (PITAHC) to accelerate the development of traditional and alternative health care in the Philippines, providing for a traditional and alternative health care development fund and for other purposes” enacted on Dec. 9, 1997. Traditional folk art. Expressions of distinctiveness and artistic quality created to serve a decorative and/or utilitarian or socio-cultural functions of traditional folk artists
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1162 commonly known for such works. [Sec. 7355]. Traditional healers. The relatively old, highly respected people with a profound knowledge of traditional remedies. [Sec. 4, RA 8423]. Traditional medicine. The sum total of knowledge, skills and practice on health care, not necessarily explicable in the context of modern, scientific philosophical framework, but recognized by the people to help maintain and improve their health towards the wholeness of their being, the community and society, and their interrelations based on culture, history, heritage, and consciousness. [Sec. 4, RA 8423]. Traditional use. Utilization of wildlife by indigenous people in accordance with written or unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them. [Sec. 5, RA 9147]. Traditio simbolica. It consists in the delivery of certain symbols or things representing the things delivered such as the keys or the titles of a tenement. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 459].
Trafficking. Transferring, or other-wise disposing of, to another, or obtaining control of, with intent to transfer or dispose of. [Sec. 3, RA 8484]. Trafficking in persons. The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as trafficking in persons even if it does not involve any of the means set forth in the preceding sentence. [Sec. 3, RA 9208].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1163 Trainees. Persons who are participants in a vocational, administrative or technical training program for the purpose of acquiring and developing job-related skills. [Sec. 4, RA 7796]. Trainers. Persons who direct the practice of skills towards immediate improvement in some task. [Sec. 4, RA 7796]. Training. The systematic development of the attitude, knowledge, skill, or behavior pattern required for the adequate performance of a given job or task. [Sec. 1, Rule 1, Book 2, IRR of LC]. Training in vocation. A range of activities aimed at providing the skills, knowledge, and attitudes required for employment in a particular occupation, group, group of related occupations or functions in a field of economic activity. [Sec. 1, Rule 1, Book 2, IRR of LC]. Trainors or trainers. Persons who provide training to trainers aimed at developing the latter's capacities for imparting attitudes, knowledge, skills and behavior patterns required for specific jobs, tasks, occupations or group
of related occupations. [Sec. 4, RA 7796]. Transacting an insurance business. See Doing an insurance business. Transacting business. Corp. Law. The continuity of conduct, and intention of continuing the body or substance of the business or enterprise for which the foreign corporation was organized. [Diaz, Bus. Law Rev., 1991 Ed., p. 303]. Transaction. As used in the Anti-Money Laundering Act of 2001 (RA 9160), the term refers to any act establishing any right or obligation or giving rise to any contractual or legal relationship between the parties thereto. It also includes any movement of funds by any means with a covered institution. [Sec. 3, RA 9160]. Transactional immunity. Immunity granted to the witness from prosecution for an offense to which his compelled testimony relates. [Galman v. Pamaran, GR 71208-09. Aug. 30, 1985, citing Black Law Dict., 5th Ed., 1979]. Compare with Use immunity. Transcript. A written, wordfor-word record of what was said. Usually refers to a record of a trial, hearing, or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1164 other proceeding which has been transcribed from a recording or from shorthand. [Glossary of Legal Terms (Pro-Se), 2004].
acquire ownership of stock. (Chemphil v. CA, GR 11243839. Dec. 12, 1995, citing Wallach v. Stein [N.J]., 136 A., 209, 210.)
Transfer. Admin. Law. A movement (a) from one position to another of equivalent rank, level or salary, without a break in the service; and (b) from one office to another within the same business establishment. [Sentinel Security Agency, Inc. v. NLRC, GR 122468. Sep. 3, 1998]. Compare with Promotion.
Transferor. A person from whom property moves. Property is transferred from the transferor to the transferee. [Duhaime's Legal Dict., 2004].
Transfer. Civ. Law. 1. The act by which the owner of a thing delivers it to another with the intent of passing the rights which he has in it to the latter. [Chemphil Export & Import Corp. v. CA, GR 112438-39. Dec. 12, 1995]. 2. Any act by which property of one person is vested in another. [Law Dict. of Words & Phrases, 3rd Series, Vol. 7, p. 5867]. Transferee. A person who receives property being transferred. The person from whom the property is moving is the transferor. [Duhaime's Legal Dict., 2004]. Transfer of shares. Any means whereby one may be divested of and another
Transferring stockholder. Also called the Depositing stockholder. The equitable owner of the stocks represented by the voting trust certificates and the stock reversible on termination of the trust by surrender. [Lee v. CA, GR 93695. Feb. 4, 1992, citing Comml. Laws of the Phil. by Agbayani, Vol. 3, pp. 492493]. Transformation. The method of escape from taxation whereby the manufacturer or producer upon whom the tax has been imposed, fearing the loss of his market if he should add the tax to the price, pays the tax and endeavors to recoup himself by improving his process of production thereby turning out his units of products at a lower cost. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 57]. Transformation doctrine. Intl. Law. 1. Doctrine that
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1165 holds that customary international law is applicable domestically only after it is adopted by legislation, court decision, or local usage. [Intl. Law Dict. & Direct., 2004]. 2. The doctrine that requires such principles of international law to be enacted as statutes or otherwise converted into municipal law before they can be considered binding on the state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 8]. Compare with Incorporation doctrine. Transient aircraft. All those which do not have, at the airport, any fixed base, area, or parking space. [Sec. 3, RA 224]. Transitory action. Rem. Law. An action founded on privity of contract between the parties. [Albano, Rem. Law Reviewer, 1st Ed., p. 71, citing Dela Cruz v. Seminary of Manila, 18 Phil. 330]. Compare with Local action. Transit shed. A building or shed which is situated at or near a quay, wharf or pier, and is used for the temporary or short-term storage of goods in transit, or to be shipped or discharge from a vessel. [Sec. 3, PD 857].
Transmissibility of rights. It means that all rights acquired in virtue of an obligation are transmissible, except when prohibited by law or by stipulation of the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Transmission of electricity. The conveyance of electricity through the high voltage backbone system. [Sec. 4, RA 9136]. Transmission of electricity charge. The regulated cost or charges for the use of a transmission system which may include the availment of ancillary services. [Sec. 4, RA 9136]. Transmission theory. Conf. of Laws. The process of applying the law of a foreign state through the law of a second foreign state. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 215]. Transport. To carry or convey from one place to another. [People v. Correa, GR 119246. Jan. 30, 1998, citing Black's Law Dict., 1979 ed., p. 1344]. Transportation. The movement of goods or persons from one place to another, by a carrier. [People v. Correa, GR 119246. Jan. 30, 1998, citing Black's Law Dict., 1979 Ed., p. 1344].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1166 Transportation facility. Rails and railcars, highways, wheeled vehicles, bridges, tunnels, tramways, subways, passenger or cargo vessels, ferry-boats, lighters, tugs, barges, scows, ramps, and any kind of facility in use or for use of the transportation, movement, or carriage of goods or passengers. [Sec. 3, PD 857]. Transportation infrastructure. Roads, bridges, ports, airports, and the different modes of transportation using these infrastructure. [Sec. 4, RA 7607]. Transportation ticket. It is not a mere piece of paper. When issued by a common carrier, it constitutes the contract between the ticketholder and the carrier. It gives rise to the obligation of the purchaser of the ticket to pay the fare and the corresponding obligation of the carrier to transport the passenger upon the terms and conditions set forth thereon. The ordinary ticket issued to members of the traveling public in general embraces within its terms all the elements to constitute it a valid contract, binding upon the parties entering into the relationship. [Comm. of Int. Rev. v. British Overseas Airways Corp., GR
L-65773-74. Apr. 30, 1987, citing Am Jur 2d 813]. Transport permit. A permit issued authorizing an individual to bring wildlife from one place to another within the territorial jurisdiction of the Philippines. [Sec. 5, RA 9147]. Transsexualism. Legal Med. A sexual disorder characterized by a strong compulsion to identify with the opposite gender and to discard one’s anatomical sex organ, to the extent of having a sex change through surgery. [Olarte, Legal Med., 1st Ed. (2004), p. 120]. Transship. To transfer for further transportation from one ship or conveyance to another. [Samar Mining Co. v. Nordeutscher Lloyd, GR L28673. Oct. 23, 1984, citing Webster's 3rd Intl. Dict. (Unabr.)]. Transshipment. Mar. Law. 1. The act of taking cargo out of one ship and loading it in another. [Magellan v. CA, GR 95529. Aug. 22, 1991, citing Black's Law Dict., 4th Ed., 1670]. 2. The transfer of goods from the vessel stipulated in the contract of affreightment to another vessel before the place of destination named in the contract has been reached.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1167 [Magellan v. CA, GR 95529. Aug. 22, 1991 citing, Ballentine Law Dict. with Pronunciations, 1959 ed., 1295]. 3. The transfer for further transportation from one ship or conveyance to another. [Webster's 3rd New Intl. Dict. (Unabr.), 1986 Ed., 2431; Samar Mining v. Nordeutscher Lloyd, 132 SCRA 529 (1984)]. Transvestism. Legal Med. A form of deviation wherein a person attains sexual pleasure by dressing the way the opposite sex does. [Olarte, Legal Med., 1st Ed. (2004)]. Traumatic cataract. Cataract caused by blunt as penetrating injuries to the eye, intraocular foreign bodies, radiation and high voltage electricity. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Traveler’s check. A check upon which the drawer’s signature appears twice, one to be affixed by him upon purchase of the check and the other which is a countersignature to be affixed by him upon issuance. [Diaz, Bus. Law Rev., 1991 Ed., p. 381]. Traveler’s letter of credit. A letter from a bank addressed to its correspondents stating that
drafts up to a certain sum drawn by the beneficiary will be honored by the bank. Traverse. The term signifies a denial. Thus, where a defendant denies any material allegation of fact in the plaintiff's declaration, he is said to traverse it, and the plea itself is thence frequently termed a traverse. [Abadilla v. Ramos, GR 79173. Dec. 1, 1987, citing Black's Law Dict., 5th Ed., p. 1345]. Trawl. An active fishing gear consisting of a bag shaped net with or without otter boards to open its opening which is dragged or towed along the bottom or through the water column to take fishery species by straining them from the water, including all variations and modifications of trawls (bottom, mid-water, and baby trawls) and tow nets. [Sec. 4, RA 8550]. Treachery. Crim. Law. The means, methods, or forms employed by the offender who commits any of the crimes against person, which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make. [Art. 14 (16), RPC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1168 Treachery. Crim. Law. Requisites: (a) That at the time of the attack, the victim was not in a position to defend himself; and (b) that the offender consciously adopted the particular means, method, or form of attack employed by him. [People v. Estillore, 141 SCRA 456 (1986)]. Treason. Crim. Law. 1. The felony committed by any person who, owing allegiance to the Government of the Philippines, not being a foreigner, levies war against it or adheres to its enemies, giving them aid or comfort within the Philippines or elsewhere. [Art. 114, RPC]. 2. A breach of allegiance to a government, committed by a person who owes allegiance to it. [US v. Abad 1 Phil. 437]. Treasury shares. Corp. Law. Shares of stock which have been issued and fully paid for, but subsequently reacquired by the issuing corporation by purchase, redemption, donation or through some other lawful means. Such shares may again be disposed of for a reasonable price fixed by the board of directors. [Sec. 9, Corp. Code]. Treatise. A formal and systematic book or writing
containing a narrative statement on a field of law. [Glossary of Legal Terms (Pro-Se), 2004]. Treatment. 1. The provision of prompt, appropriate and adequate medicine, medical, and surgical management or dietary prescription to a newborn for purposes of treating or mitigating the adverse health consequences of the heritable condition. [Sec. 4, RA 9288]. 2. Any method, technique, or process designed to alter the physical, chemical or biological and radiological character or composition of any waste or wastewater to reduce or prevent pollution. [Sec 4, RA 9275]. Treatment procedure. Any method used to remove the symptoms and cause of a disease. [Sec. 1, RA 9241]. Treaty. 1. A formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing treatymaking capacity, for the purpose of regulating their mutual relations under the law of nations. [Sandoval, Pol. Law Reviewer 2003]. 2. A formal agreement between two states signed by official representatives of each state. A treaty may be lawmaking in that it is the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1169 declared intention of the signatories to make or amend their internal laws to give effect to the treaty. Other treaties are just contracts between the signatories to conduct themselves in a certain way or to do a certain thing. These latter type of treaties are usually private to two or a limited number of states and may be binding only through the International Court of Justice. [Duhaime's Legal Dict., 2004]. Treaty of Paris. The treaty signed on Dec. 10, 1898 in Paris, France where Spain ceded the Philippines to the United States of America, together with Guam, Panama and Puerto Rico, for $20 million. Treble. Triple. Treble costs. Costs (other than double costs) which may be imposed on the plaintiff or appellant, where an action or an appeal is found to be frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3, Rule 143, RoC]. Tree farm. Any tract of forest land purposely and extensively planted to trees of economic value for their fruits, flowers, leaves, barks, or extractives, but not for
the wood thereof. [Sec. 3, PD 705]. Tres cantos. Sp. Threebladed knife. [People v. Marciales, GR L-61961. Oct. 18, 1988]. Trespass. Crim. Law. 1. The felony committed by any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. [Art. 281, RPC]. 2. Any unauthorized entry on realty of another to the damage thereof. [People v. Dimana, GR L-26668. Apr. 27, 1972, citing City of Cape Girardeau v. Pankey, Mo. App. 224 S. W. 2d 588, 589]. Trial. 1. All proceedings from the time when issue is joined, or, more usually, when the parties are called to try their case in court, to the time of its legal determination. [Gutierrez v. CA, GR 82475. Jan. 28, 1991, citing Black's Law Dict., p. 1675 (Rev. 4th Ed., 1968]. 2. A judicial examination of issues between parties to an action. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1170 Trial brief. A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial. [Glossary of Legal Terms (Pro-Se), 2004]. Trial by commissioner. The referral, by order of the court upon written consent of both parties, of any or all of the issues in a case to a commissioner to be agreed upon by the parties or to be appointed by the court. The word "commissioner" includes a referee, an auditor and an examiner. [Sec. 1, Rule 32, RoC]. Trial calendar. A calendar for cases which have passed the pre-trial stage. [Albano, Rem. Law Reviewer, 1st Ed., p. 270]. Trial custody. A supervised trial custody period of at least six months given by the court to the adopting parents to assess their adjustment and emotional readiness for the legal union as a prerequisite before any petition for adoption is finally granted. During the period of trial custody, parental authority shall be vested in the adopting parents. [Art. 35, PD 603, as amended by EO 91].
Trial in absentia. Trial which may proceed after arraignment notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. [People v. Agbulos, GR 73875. May 18, 1993, citing Art. III, Sec. 14 (2) of the 1987 Constitution]. Trial lawyer. A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 4]. Triangulo (small). A firecracker shaped like a triangle with powder content less than the bawang and usually wrapped in brown paper measuring 3/4 inch length in its longest side. [Sec. 2, RA 7183]. Tribadist. See Lesbian. Tribal court. A court existing under the customs and traditions of an indigenous cultural community. Such courts are not a part of the Philippine judicial system which consists of the Supreme Court and the lower courts which have been established by law
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1171 (Sec. 1, Art. VIII, 1987 Constitution). They do not possess judicial power. [Badua v. Cordillera Bodong Administration, GR 92649. Feb. 14, 1991]. Tribal land areas. The areas comprising both land and sea that are traditionally occupied by the cultural minorities. [Sec. 3, RA 7611]. Triennial cohabitation doctrine. A presumption that the husband is impotent should the wife still remain a virgin after living together with the husband for three (3) years. [Claridades, A., Compilation of Notes, 20012006]. Trigger price. The volume bench-mark for applying the special safe guard measure. [Sec. 4, RA 8800]. Trigger volume. The price bench-mark for applying the special safeguard measure. [Sec. 4, RA 8800]. Trip charter. See Voyage charter. Trisikad. Tag. Bicycle with a sidecar used as a passenger vehicle. [People v. Verano, GR 110109. Nov. 21, 1996]. TRO. See Temporary restraining order.
Trompillo. A pyrotechnic device usually fastened at the center and designed to spin first clockwise and then counter-clockwise and provides various colored lights upon being ignited. [Sec. 2, RA 7183]. Tropical fabrics. Those containing natural fibers produced, spun, woven or knitted and finished in the Philippines. [Sec. 2, RA 9242]. Troso. Tag. Round logs. [Moreno’s Law Dict., 2000 Ed., p. 479]. Trover. An old English and common law legal proceeding against a person who had found someone else's property and has converted that property to his own purposes. The action of trover did not ask for the return of the property but for damages in an amount equal to the replacement value of the property. English law replaced the action of trover with that of conversion in 1852. [Duhaime's Legal Dict., 2004]. Truce. Intl. Law. The term is sometimes used interchangeably with “armistice” but is now understood to refer to a ceasefire with conditions attached. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1172 Truck or cargo van. A motor vehicle of any configuration that is exclusively designed for the carriage of goods and with any number of wheels and axles. Provided, That pick-ups shall not be considered as trucks. [RA 9224]. True conflict. A legal problem where one or more jurisdictions has a genuine interest in having its law applied. [Tetley, Glossary of Conflict of Laws, 2004]. True copy. A correct copy of the original. [Moreno’s Law Dict., 2000 Ed., p. 479]. Trust. 1. A fiduciary relationship concerning property which obliges the person holding it to deal with the property for the benefit of another. The person holding, in view of his equitable title, is allowed to exercise certain powers belonging to the owner of the legal title. [Tabingan, Spec. Proceedings, 1st Ed., 2001, p. 246]. 2. A legal device used to manage real or personal property, established by one person (grantor or settlor) for the benefit of another (beneficiary). [Glossary of Legal Terms (Pro-Se), 2004]. 3. Property given by a person called the donor or settlor, to a trustee, for the
benefit of another person called the beneficiary or donee. The trustee manages and administers the property, actual ownership is shared between the trustee and the beneficiary, and all the profits go to the beneficiary. [Duhaime's Legal Dict., 2004]. See Trustee. Trust agreement or declaration. The legal document that sets up a living trust. Testamentary trusts are set up in a will. [Jurist’s Legal Dict., 2004]. Trust de son tort. A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his intermeddling with the trust and the exercise of some control over the trust property, he can be held by a court as a constructive trustee which entails liability for losses to the trust. [Duhaime's Legal Dict., 2004]. See Constructive trust. Trusted services. Such trusted services of a lawyer to his client which is of the highest degree of trust. [Griño v. CSC, GR 91602. Feb. 26, 1991]. Trustee. 1. One in whom confidence is reposed as regards property for the benefit of another person.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1173 [Art. 1440, CC]. 2. The person or institution that manages the property put in trust. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The person who holds property rights for the benefit of another through the legal mechanism of the trust. A trustee usually has full management and administration rights over the property but these rights must always be exercised to the full advantage of the beneficiary. All profits from the property go to the beneficiary although the trustee is entitled to reimbursement for administrative costs. There is no legal impediment for a trustee to also be a beneficiary of the same property. [Duhaime's Legal Dict., 2004]. Trustee de son tort A trustee "of his own wrong"; a person who is not a regularly appointed trustee but because of his or her intermeddling with the trust and the exercise of some control over the trust property, can be held by a court as "constructive" trustee which entails liability for losses to the trust. [LawInfo Legal Dictionary (2005)]. Trusteeship Council. The principal organ of the United Nations which is directly
charged with the administration of the international trusteeship system. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 32]. Trust ex delicto. Constructive trust.
See
Trust ex maleficio. Constructive trust.
See
Trust funds. Funds which have come officially into the possession of any agency of the Government or of a public officer as trustee, agent, or administrator, or which have been received for the fulfillment of some obligation. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Trustor. A person establishes a trust. 1440, CC].
who [Art.
Trust property. Property actually in existence and in which the trustor has a transferable title or interest. [Moreno’s Law Dict., 2000 Ed., p. 477]. Trust receipt. 1. The written or printed document signed by the entrustee in favor of the entruster containing terms and conditions substantially complying with the provisions of PD 115. No further formality of execution or authentication shall be necessary to the validity of a trust receipt.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1174 [Sec. 3, PD 115]. 2. A security agreement, pursuant to which a bank acquires a security interest in the goods. It secures an indebtedness and there can be no such thing as security interest that secures no obligation. [Vintola v. Insular Bank of Asia & America, GR 73271, May 29, 1987, 150 SCRA 578]. Trust Receipts Law. PD 115 entitled “Providing for the regulation of trust receipts transactions” signed into law on Jan. 29, 1973. Trust receipt transaction. Any transaction by and between a person referred to in PD 115 as the entruster, and another person referred to in the same Decree as the entrustee, whereby the entruster, who owns or holds absolute title or security interests over certain specified goods, documents or instruments, releases the same to the possession of the entrustee upon the latter's execution and delivery to the entruster of a signed document called the trust receipt wherein the entrustee binds himself to hold the designated goods, documents or instruments in trust for the entruster and to sell or otherwise dispose of the goods, documents or instruments with the obligation to turn over to the
entruster the proceeds thereof to the extent of the amount owing to the entruster or as appears in the trust receipt or the goods, instruments themselves if they are unsold or not otherwise disposed of, in accordance with the terms and conditions specified in the trust receipt, or for other purposes. [Prudential Bank v. IAC, GR 74886. Dec. 8, 1992, citing Sec. 4, PD 115]. Truth in lending. Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer. [Jurist’s Legal Dict., 2004]. Truth in Lending Act. RA 3765 entitled “An Act to Require the Disclosure of Finance Charges in Connection with Extensions of Credit” enacted on June 22, 1963. Tubo. Tag. Lead pipe. [People v. Aguiluz, GR 91662. Mar. 11, 1992]. Tug. A steam vessel built for towing, synonymous with tugboat. [Luzon Stevedoring Corp. v. CA, GR L-30232. July 29, 1988, citing Bouvier's Law Dictionary]. Tugboat. 1. A strongly built, powerful steam or power vessel, used for towing and,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1175 now, also used for attendance on vessel. [Webster New Intl. Dict., 2nd Ed.]. 2. A diesel or steam power vessel designed primarily for moving large ships to and from piers for towing barges and lighters in harbors, rivers and canals. [Encyc. Intl. Grolier, Vol. 18, p. 256]. 3. A steam vessel built for towing, synonymous with tugboat. [Bouvier's Law Dict.]. [Definitions were cited in Luzon Stevedoring Corp. v. Oben, CTA Case 1484. Oct. 21, 1968]. Tuition fee. 1. Fee collected by the school in paying for the instruction. [Sec. 1, PD 577]. 2. The school charges for the subjects or course enrolled in by a pupil or student, as indicated in the respective prospectuses, colleges and universities, which may either be on a term or yearly basis or per unit or units. [Sec. 1, Rule II, PD 451]. Tumults and other disturbance of public orders; tumultuous disturbance or interruption liable to cause disturbance. Crim. Law. The felony committed by any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public
performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Art. 131 and 132 of the Rev. Penal Code; or by persons causing any disturbance or interruption of a tumultuous character; or by any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order; or by those persons who, in violation of the provisions contained in the last clause of Art. 85 of the Rev. Penal Code, shall bury with pomp the body of a person who has been legally executed. [Art. 153, RPC]. Tumultuous affray. It takes place when a quarrel occurs between several persons and they engage in a confused and tumultuous affray, in the course of which same person is killed or wounded and the author thereof cannot be ascertained. [US v. Tandoc, GR 15635. Mar. 16, 1920, citing Arts. 405 and 420, RPC]. Tupada. Tag. Cockfight. [People v. Panganiban, GR 97969. Feb. 6, 1995].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1176 Turnover tax. A tax paid when a good or a service is transferred from one person to another. [Intl. Law Dict. & Direct., 2004]. Tussis. Lat. Cough. [Etepha v. Dir. of Patents, GR L-20635. Mar. 31, 1966, Webster's 3rd Intl. Dict., 1964 ed., p. 2470].
to sail or put out of port when there is a typhoon or storm or when there is a typhoon or storm warning at the port of destination or between the said ports. [Moreno’s Law Dict., 2000 Ed., p. 479].
Tutius semper est errare acquietando quam in puniendo Lat. It is always safer to err in acquitting than in punishing. [People v. Lizada, GR 97226. Aug. 30, 1993]. Two-dismissal rule. The rule that where the same complaint had twice been dismissed by the plaintiff without order of the court by the mere act of serving notice of dismissal, the second dismissal operates as an adjudication on the merits. [Albano, Rem. Law Reviewer, 1st Ed., p. 236]. Two-witness rule. The rule that no person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court. [Art. 114, RPC]. Typhoon warranty. A warranty in an insurance policy that the insured vessels shall not be allowed
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1177 Lat. When the law does not distinguish we should not distinguish. [Robles v. Zambales Chromite Mining, GR L-12560. Sep. 30, 1958]. Ulcer. An erosion in the skin of mucous membrane (moist lining, as of mouth), along with some destruction of the tissue below. [Landicho v. WCC, GR L-45996. Mar. 26, 1979, citing Atty.’s Dict. of Med., Schmidt].
-UUberrima fides or Uberrimae fidae. Lat. 1. Most abundant good faith. [Tang v. CA, GR L-48563. May 25, 1979]. 2. Good faith; absolute and perfect candor or openness and honesty; the absence of any concealment or deception, however slight [Grepalife v. CA, GR L-31845. Apr. 30, 1979, citing Black's Law Dict., 2nd Ed.].
Ultimate facts. 1. Those facts which the expected evidence will support. [Salita v. Magtolis, GR 106429. June 13, 1994, citing Black's Law Dict., 4th Ed.]. 2. The essential facts constituting the plaintiff's cause of action. A fact is essential if it cannot be stricken out without leaving the statement of the cause of action insufficient. [Moran, Rules of Court, Vol. 1, 1963 Ed., p. 213, cited in Remitere v. Vda. de Yulo, GR L-19751, 28 Feb. 1966, 16 SCRA 251]. Compare with Evidentiary facts.
Ubi jus ibi remedium. Lat. Where there is a right, there is a remedy [Gabila v. Perez, GR 29541. Jan. 27, 1989, citing Ballentine's Law Dict., 1948 Ed., p. 1307].
Ultra vires. Without authority. An act which is beyond the powers or authority of the person or organization which took it. [LawInfo Legal Dictionary (2005)].
Ubi lex non distinguit nec nos distinguere debemus.
Ultra vires act. Corp. Law. An act committed outside
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1178 the object for which a corporation is created as defined by law of its organization and therefore beyond the powers conferred upon it by law [Rep. v. Acoje Mining, GR L18062. Feb. 28, 1963, citing 19 CJS, Sec. 965, p. 419]. 2. Without authority. An act which is beyond the powers or authority of the person or organization which took it. [Duhaime's Legal Dict., 2004]. Compare with Intra vires act. Unanimity of parties. The absence of serious controversy between the parties in interest as to the title of the party seeking relief under Sec. 112 of the Land Registration Act. [Vicente v. Delos Santos, GR L-20351. Feb. 27, 1969]. Unattended child. A child is unattended when left by himself without provisions for his needs and/or without proper supervision. [Art. 141, PD 603]. Unauthorized access device. Any access device that is stolen, lost, expired, revoked, canceled, suspended, or obtained with intent to defraud. [Sec. 3, RA 8484]. Unauthorized contract. A contract entered into in the name of another by one who
has no authority or legal representation, or who has acted beyond his powers. [Art. 1317, CC]. Uncertificated security. A security evidenced by electronic or similar records. [Sec. 3, RA 8799]. UNCITRAL. United Nations Com-mission on International Trade Law. Established by a United Nations General Assembly Resolution in 1966 to harmonize and unify international trade law. It was instrumental in the preparation of the Hamburg Rules, 1978. [Tetley, Glossary of Conflict of Laws, 2004]. UNCITRAL model law, 1985. The UNCITRAL Model Law on Inter-national Commercial Arbitration adopted on June 21, 1985 during the Fortieth Session of the General Assembly, United Nations, New York in 1985. [Tetley, Glossary of Conflict of Laws, 2004]. Unclaimed balances. They include credits or deposits of money, bullion, security or other evidence of indebtedness of any kind, and interest thereon with banks, buildings and loan associations, and trust corporations in favor of any person known to be dead or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1179 who has not made further deposits or withdrawals during the preceding ten years or more. Such unclaimed balances, together with the increase and proceeds thereof, shall be deposited with the Treasurer of the Philippines to the credit of the Government of the Republic of the Philippines to be used as the (Congress) may direct. [Sec. 1, Act 3936, as amended].
the meaning of the Negotiable Instruments Law though coupled with: (a) an indication of a particular fund out of which reimbursement is to be made or a particular account to be debited with the amount; or (b) a statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional. [Sec. 3, NIL].
Unclean or dirty hands. (a) Maxim that a party whose actions cause the other party to breach, may not complain. (b) When the plaintiff took inappropriate steps in attempting to recoup a loss prior to bringing a claim. [Intl. Law Dict. & Direct., 2004]. More precisely Coming to court with unclean hands.
Unconscionability. An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party. [Jurist’s Legal Dict., 2004].
UNCLOS. United Nations Convention on the Law of the Sea. Signed on 10 Dec. 1982 at Montego Bay, Jamaica, it seeks to establish a legal order for the seas and oceans to promote their peaceful use, equitable and efficient utilization of resources and protect and preserve the marine environment. Unconditional promise or order to pay. An unqualified promise within
Unconstitutional act. It is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as if it had not been passed. It is therefore stricken from the statute books and considered never to have existed at all. Not only the parties but all persons are bound by the declaration of unconstitutionality which means that no one may thereafter invoke it nor may the courts be permitted to apply it in subsequent cases. It is, in other words, a total
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1180 nullity. [Norton v. Shellby, 118 US 425, cited in Cruz, Phil. Pol. Law, 1987 ed., pp. 233-234]. Uncontrollable fear. A real, imminent, or reasonable fear for one's life or limb and should not be speculative, fanciful, or remote fear. [People. v. Quilloy, GR L2313, Jan. 10, 1951, 88 Phil. 53]. Uncontrollable fear of an equal or greater injury. Requisites: For this exempting circumstance to be invoked successfully, the following requisites must concur: (a) existence of an uncontrollable fear; (b) the fear must be real and imminent; and (c) the fear of an injury is greater than or at least equal to that committed. [People v. Petenia, GR L-51256. Aug. 12, 1986]. Uncounselled admission. See Fruits of the poisonous tree. Underfilling or Underdelivery. A sale, transfer, delivery or filling of petroleum products of a quantity that is actually beyond authorized limits than the quantity indicated or registered on the metering device of container. This refers, among others, to the
quantity of petroleum retail outlets or to liquefied petroleum gas in cylinder or to lube oils in packages. [Sec. 2, PD 1865]. Underprivileged and homeless citizens. The beneficiaries of RA 7279 and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the NEDA and who do not own housing facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure. [Sec. 3, RA 7279]. Underrun. The deficiency in the quantity ordered. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Undertaker. Person who practices undertaking. [Sec. 89, PD 856]. Undertaking. The care, transport and disposal of the body of a deceased person by any means other than embalming. [Sec. 89, PD 856]. Underwriter. 1. A person who guarantees on a firm commitment and/or declared best effort basis the distribution and sale of securities of any kind by
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1181 another company. [Sec. 3, RA 8799]. 2. Any person who has purchased from an issuer with a view to, or sells for an issuer in connection with, the distribution of any security or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; but such term shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributor's or seller's commission. [Sec. 3, RA 2629]. Underwriting. The act or process of guaranteeing the distribution and sale of securities of any kind issued by another corporation. [Sec. 3, PD 129]. Undue. More than necessary; not proper; illegal. [Pecho v. Sandiganbayan, GR 111399. Nov. 14, 1994, citing Black's Law Dict., 5th Ed., 1370]. Undue influence. 1. Any means employed upon a party which, under the circumstances, he could not well resist, and which controlled his volition and induced him to give his consent to the contract, which otherwise he would
not have entered into. It must, in some measure, destroy the free agency of a party and interfere with the exercise of that independent discretion which is necessary for determining the advantage or disadvantage of a proposed contract. [Sierra v. CA, GR 90270. July 24, 1992]. 2. A person’s taking improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. [Claridades, A., Compilation of Notes, 2001-2006]. 3. As used in connection with the law of wills, it may be defined as that which compels the testator to do that which is against the will from fear, the desire of peace, or from other feeling which he is unable to resist. [Torres and Lopez de Bueno v. Lopez (48 Phil., 772)]. Undue influence to vitiate con-sent. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1182 of a reasonable freedom of choice. [Art. 1337, CC]. Undue injury. An injury more than necessary, excessive, improper or illegal. [Jacinto v. Sandiganbayan, GR 84571. Oct. 2, 1989, citing Black's Law Dict., 5th Ed., p. 1370]. Unemployed. The term refers only to those who are without or are separated from employment, and does not include instances when an employee is not actually working, as during the period of his illness. [Canovas v. Batangas Transportation Co., GR L19868. Mar. 31, 1965, citing Sec. 14, RA 1161, as amended]. Unenforceable contract. A con-tract which cannot be sued upon or enforced in court unless it is ratified. [Diaz, Bus. Law Rev., 1991 Ed., p. 93]. Unenforceable contract. Kinds: The following contracts are unenforceable, unless they are ratified: (a) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; (b) those that do not comply with the Statute of Frauds; and (c) those where both
parties are incapable of giving consent to a contract. [Art. 1403, CC]. Unfair competition. Comm. Law. 1. The employment of deception or any other means contrary to good faith by which a person shall pass off the goods manufactured by him or in which he deals, or his business, or services, for those of another who has already established goodwill for his similar goods, business or services, or any acts calculated to produce the same result. [Sec. 29, RA 166, as amended]. 2. Crim. Law. The felony committed by any person who, in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in which they are contained or the device or words thereon or in any other features of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a chance or opportunity to do
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1183 the same with a like purpose. [Art. 189, RPC]. Unfair labor practice. 1. Any un-fair labor practice as expressly defined in the Labor Code. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights. [Glossary of Legal Terms (Pro-Se), 2004]. Unfaithfulness or abuse of confidence. In the crime of estafa or swindling, the act committed: (a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration; (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property; or (c) By taking undue advantage of the signature of the offended
party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person. [Art. 315, RPC]. Unforeclosed equity of redemption. The equity of redemption retained by subsequent or junior lienholders if they be not joined in the foreclosure action, the judgment in the mortgagor's favor being ineffective as to them, and in that case, a separate foreclosure proceeding should be brought to require them to redeem from the first mortgagee, or the party acquiring title to the mortgaged property at the foreclosure sale, within 90 days, the period fixed in Sec. 2, Rule 68 of the Rev. Rules of Court for the mortgagor himself to redeem. [Limpin v. IAC, GR L-70987. Sep. 29, 1988]. Ungathered fruits. Fruits already matured at the time of the termination of the usufruct, which ordinarily would have already been gathered by the usufructuary, but which remain ungathered for no fault imputable to him, but because of malice or an act imputable to the naked owner or a third person, or even due to force majeure or fortuitous event. [Tolentino,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1184 Civil Code of the Phil., Vol. II, Repr. 2001, p. 323]. Uniform Currency Law. RA 529 entitled “An Act to assure uniform value to Philippine coin and currency” enacted on June 16, 1950, as amended by RA 4100 on June 19, 1964. Repealed by RA 8183 enacted on June 11, 1996. Uniformity in taxation. 1. The rule applies to property of the life kind and character and similarly situated, and a tax, in order to be uniform, must operate alike on all persons, things, or property, similarly situated. So the requirement is complied with when the tax is levied equally uniformly on all subjects of the same class and kind and is violated if particular kinds, species, or items of property are selected to bear the whole burden of the tax, while others, which should be equally subjected to it, are left untaxed. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968, citing CJS 79]. 2. That principle by which all taxable articles or kinds of property of the same class shall be taxed at the same rate [Churchill v. Concepcion, 34 Phil. 969 (1916)]. Unilateral agreement
contract. by which
An one
undertakes an express performance without receiving any express promise of performance from the other. [Glossary of Legal Terms (Pro-Se), 2004]. Unilateral promise to sell. An offer which, although accepted but is not supported by any consideration distinct from the price, does not produce a binding and enforceable contract of sale. The offer in this case, as well as the acceptance, both lack a most essential element — the manner of payment of the purchase price. Hence, the offer to sell may be withdrawn without the offer or committing any breach of contract. [Navarro v. Sugar Producers Cooperative, GR L-12888. Apr. 29, 1961]. Unilateral promise to buy or to sell a determinate thing for a price certain. An offer. [Equatorial Realty v. Mayfair Theater, GR 106063. Nov. 21, 1996]. Uninhabited place or despoblado. The term refers not to the distance of the nearest house to the locus criminis. The more important consideration is whether the place of commission affords a reasonable possibility for the victim to receive some help. [People v. Desalisa, GR
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1185 95262, Jan. 4, 1994, 229 SCRA 35]. It must be established that solitude was purposely sought or taken advantage of to facilitate the commission of the crime. [People v. Cabiles, GR 113785. Sep. 14, 1995, citing Art. 14 (6), RPC] Unintentional abortion. Crim. Law. The felony committed by any person who shall cause an abortion by violence, but unintentionally. [Art. 257, RPC]. Unintentional abortion. Elements: (a) That there is a pregnant woman; (b) that violence is used upon such pregnant woman without intending an abortion. (c) that the violence is intentionally exerted; and (d) that as a result of the violence the foetus dies, either in the womb or after having been expelled therefrom. [People v. Salufrania, GR L-50884. Mar. 30, 1988]. Union. An organization of workers formed for the purpose of collective bargaining. [Glossary of Legal Terms (Pro-Se), 2004]. Union accounts examiners. Officials in the Bureau of Labor Relations or the Industrial Relations Division in the DOLE-Regional Office
empowered to audit books of accounts of the union. [Sec. 1, Rule 1, Book 5, IRR of LC]. Union shop. Labor. An agreement under which the workers are not required to be union members when hired; but to maintain continued employment, they must continue to pay union dues and must become union members also after some time. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157, citing Beal and Wickersham, The Practice of Collective Bargaining, pp. 242-243]. Unissued capital stock. That portion of the capital stock that is not issued or subscribed. It does not vote and draws no dividends. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. Unit. 1. A value, quantity or magnitude, in terms of which other values, quantities or magnitudes are expressed. [Sec. 4, BP 8]. 2. A part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto. [Sec. 3, RA 4726]. 3. A part of the condominium property which is to be subject to private
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1186 ownership. [GOAL, Inc. v. CA, GR 118822. July 28, 1997]. Compare with Common areas and facilities. United Nations (UN). Intergovernmental organization established in 1945 as the successor to the League of Nations. It is concerned with the maintenance of international peace and security. The UN's principal organs are the General Assembly, Security Council, Secretariat, International Court of Justice, Economic and Social Council, and the Trusteeship Council. Its headquarters is in New York City. [Intl. Law Dict. & Direct., 2004]. United Nations charter. Multilateral treaty signed on June 26, 1945, and in force from Oct. 24, 1945. It is the constitution of the United Nations, an intergovernmental organization. The Charter defines the organization's structure, its authority, and its goals. [Intl. Law Dict. & Direct., 2004]. United Nations Commission on International Trade Law. See UNCITRAL. United Nations Convention on the Law of the Sea. See UNCLOS.
Unit operation. The physical operation by which a desired step in an industrial process is conducted or controlled. [Sec. 3, RA 9267]. Unit process. The chemical change which is involved in the manufacture of industrial or consumer products or the treatment of industrial or chemical wastes. [Sec. 3, RA 9267]. Units of property. Those items of property which when retired, with or without replacement, are accounted for by crediting the book cost thereof to the property account in which included. [Sec. 5, RA 2321]. Unity of object. Succ. It means that two or more persons must be called to the same inheritance, legacy or devise, or to the same portion thereof, pro indiviso. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 459]. Compare with Plurality of subjects. Universal electricity charge. The charge, if any, imposed for the recovery of the stranded cost (of electricity) and other purposes. [Sec. 4, RA 9136]. Universality principle. Intl. Law. Doctrine that a court has criminal jurisdiction if the forum state has the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1187 defendant in custody. [Intl. Law Dict. & Direct., 2004].
[Moreno's Phil. Law Dict., 2nd Ed., p. 483].
Universal law. Law so fundamental or basic that it is binding upon all states whether they have individually consented to it or not. [Intl. Law Dict. & Direct., 2004].
Unjust enrichment. 1. The transfer of value without just cause or consideration. The transfer is usually made in accordance with law, but the determining factor is the lack of cause or consideration. The elements of this doctrine are: enrichment on the part of the defendant; impoverishment on the part of the plaintiff; and lack of cause. The main objective is to prevent that one may enrich himself at the expense of another. If this situation is obtained, equity steps in to protect the one prejudiced. [Ponce de Leon v. Syjuco, GR L-3316. Oct. 31, 1951]. 2. A legal procedure whereby a person can seek reimbursement from another who benefited from the former’s action or property without legal justification. There are said to be three conditions which must be met before one can get a court to force reimbursement based on unjust enrichment: an actual enrichment or benefit to the defendant, a corresponding deprivation to the plaintiff, and the absence of a legal reason for the defendant's enrichment. [Duhaime's Legal Dict., 2004].
Universal partnership. A partnership which may refer to all the present property or to all the profits. [Art. 1777, CCC]. Compare with Particular partnership. Universal partnership of all present property. A partnership in which the partners contribute all the property which actually belongs to them to a common fund, with the intention of dividing the same among themselves, as well as all the profits which they may acquire therewith. [Art. 1778, CC]. Universal partnership of profits. A partnership which comprises all that the partners may acquire by their industry or work during the existence of the partnership. [Art. 1780, CCC]. Universal title. Succ. All the properties of the inheritance or a certain indeterminate or aliquot part thereof.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1188 Unjust enrichment maxim. The maxim that states that “no person should enrich himself at the expense of or prejudice of others.” [Rep. v. CA, GR L-31303-04. May 31, 1978]. Unjust interlocutory order. Crim. Law. The felony committed by any judge who shall knowingly render an unjust interlocutory order or decree or who shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust. [Art. 206, RPC]. Unjust judgment. 1. A judgment which is contrary to law or is not supported by the evidence, or both. [Dela Cruz v. Concepcion, AM RTJ93-1062. Aug. 25, 1994]. 2. One contrary to the standards of right and justice or standards of conduct prescribed by the law. [Buenavista v. Garcia, AM RTJ-88-246. July 19, 1990]. Unjustly convicted. The phrase has the same meaning as "knowingly rendering an unjust judgment” in Art. 204 of the Rev. Penal Code. [Basbacio v. Drilon, GR 109445. Nov. 7, 1994]. Unjust vexation. Any act committed without violence
but which unjustifiably annoys or vexes an innocent person. As a punishable act, it should include any human conduct which, although not productive of some physical or material harm would, however, unjustifiably annoy or vex an innocent person. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 695, citing People v. Cayason, CA GR 04787-CR, Apr. 10, 1965]. Unlawful activity. AntiMoney Laundering Act of 2001 (RA 9160). Any act or omission or series or combination thereof involving or having relation to the following: (a) Kidnapping for ransom under Art. 267 of the RPC, as amended; (b) Sec. 3, 4, 5, 7, 8 and 9 of Art. 2 of RA 6425, as amended, otherwise known as the Dangerous Drugs Act of 1972; (c) Sec. 3 par. B, C, E, G, H and I of RA 3019, as amended; otherwise known as the AntiGraft and Corrupt Practices Act; (d) plunder under RA 7080, as amended; (e) robbery and extortion under Art. 294, 295, 296, 299, 300, 301 and 302 of the Rev. Penal Code, as amended; (f) jueteng and masiao punished as illegal gambling under PD 1602; (g) piracy on the high seas under the Rev. Penal Code, as amended and PD 532; (h) qualified theft
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1189 under, Art. 310 of the Rev. Penal Code, as amended; (i) swindling under Art. 315 of the Rev. Penal Code, as amended; (j) smuggling under RAs 455 and 1937; (k) violations under RA 8792, otherwise known as the Electronic Commerce Act of 2000; (l) hijacking and other violations under RA 6235; destructive arson and murder, as defined under the Rev. Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets; (m) fraudulent practices and other violations under RA 8799, otherwise known as the Securities Regulation Code of 2000; (n) felonies or offenses of a similar nature that are punishable under the penal laws of other countries. [Sec. 3, RA 9160]. Unlawful aggression. 1. An actual, sudden and unexpected attack, or an imminent danger thereof, and not merely a threatening or intimidating attitude. There must exist a real danger to the life or personal safety of the person claiming self-defense. [People v. Boniao, 217 SCRA 653]. 2. As an indispensable element of self-defense, an assault or attack, or a threat thereof in an imminent and immediate manner, which places the accused's life in
actual peril. It is an offensive act positively strong and determinative of the aggressor's intent to cause harm or injury. It presupposes material attack which is impending or at the point of happening, and not merely an intimidating attitude or stance. [People v. Ganzagan, GR L-113793. Aug. 11, 1995]. 3. An assault or attack, or a threat thereof in an imminent and immediate manner, which places the accused's life in actual peril. [People v. Ganzagan, GR L-113793. Aug. 11, 1995, citing Moreno, Phil. Law Dict., 3rd Ed. (1982)]. Unlawful appointments. Crim. Law. The felony committed by any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefore. [Art. 244, RPC]. Unlawful arrest. Crim. Law. The felony committed by any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities. [Art. 269, RPC]. Unlawful detainer. 1. The act of unlawfully withholding
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1190 the possession of the land or building against or from a landlord, vendor or vendee or other person after the expiration or termination of the detainer's right to hold possession by virtue of a contract express or implied. [Commander Realty v. CA, GR L-77227. May 9, 1988]. 2. Withholding by a person from another for not more than one year, of the possession of a land or building to which the latter is entitled after the expiration or termination of the former's right to hold possession by virtue of a contract express or implied. [Sps. Medina and Bernal v. Valdellon, 63 SCRA 282 (1975)]. Also known as Illegal detainer. Unlawful entry. An entrance effected by a way not intended for the purpose. [Art. 14 (18), RPC]. Unlawful taking. Appropriating a thing belonging to another and placing it under one’s control or possession. In the asportation, the intent to return the thing taken is not present. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 704]. Unlawful use of means of publication and unlawful utterances. Crim. Law. The felony committed by: (a) any
person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; (b) any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; (c) any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or (d) any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. [Art. 154, RPC]. Unliquidated damages or claims. Those which are not or cannot be known until definitely ascertained, assessed and determined by the courts after presentation of proof. [Central Azucarera de Bais v. CA, GR 87597. Aug. 3, 1990].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1191 Unliquidated debt. Remaining not determined; unassessed or unsettled; in dispute as to the proper amount. [Glossary of Legal Terms (Pro-Se), 2004]. Unnecessary expenditures. Expenditures not supportive of the implementation of the objectives and mission of the agency relative to the nature of its operation. This could also include incurrence of expenditure not dictated by the demands of good government, and those the utility of which cannot be ascertained at a specific time. An expenditure that is not essential or that which can be dispensed with without loss or damage to property is considered unnecessary. [COA Circular No. 88-55-A, dated 08 Sep. 1985]. Unorganized establishment. Establishment where there exists no certified bargaining agent. [ALU v. Calleja, GR 82260, July 19, 1989, 175 SCRA 490]. Unpaid seller. The seller of goods who is deemed to be an unpaid seller: (a) when the whole of the price has not been paid or tendered; or (b) when a bill of exchange or other negotiable instrument has been received as conditional
payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise. [Art. 1525, CC]. Unpaid seller, rights of. (a) A lien on the goods or right to retain them for the price while he is in possession of them; (b) in case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them; (c) a right of resale; (d) a right to rescind the sale. Where the ownership in the goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the ownership has passed to the buyer. [Art. 1526, CC]. Unpatented mineral lands. Those lands which were located as mining claims under the provisions of the Philippine Bill of 1902 but are not yet covered by a mineral patent. [Sec. 18, PD 464]. Unprocessed food. Food that has not undergone any treatment that results in substantial change in the original state even if it may
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1192 have been divided boned, skinned, peeled, ground, cut cleaned, trimmed, freshfrozen or chilled. [Sec. 3, RA 8976]. Unregistered or abandoned lands. Lands in urban and urbanizable areas which are not registered with the Register of Deeds, or with the city or municipal assessor's office concerned, or which are uninhabited by the owner and have not been developed or devoted for any useful purpose, or appears unutilized for a period of three (3) consecutive years immediately prior to the issuance and receipt of publication of notice of acquisition by the Government as provided under the law. It does not include land which has been abandoned by reason of force majeure or any other fortuitous event: Provided, That prior to such event, such land was previously used for some useful or economic purpose. Unrelated trade, business or other activity. Any trade, business or other activity, the conduct of which is not substantially related to the exercise or performance by such educational institution or hospital of its primary
purpose or function. [Sec. 27, NIRC, as amended]. Unsecured debts. In bankruptcy, debts such as open accounts at department stores for which the debtor has not pledged collateral to guarantee payment. [Glossary of Legal Terms (Pro-Se), 2004]. Unserviceable property. A property that is not operational. It may be economically repairable or beyond economical repair. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Unsolicited appearance. (The act of) willfully appearing as an attorney for a party to a case without authority so to do. [Porac Trucking v. CA, GR 81093. Oct. 15, 1991]. Unwarranted. Lacking adequate or official support; unjustified; unauthorized. [Gallego v. Sandiganbayan, GR L-57841. July 30, 1982, citing Webster, 3rd New Intl. Dict., p. 2514) Unwilling co-plaintiff. Any party who should be joined as plaintiff but whose consent cannot be obtained may be made a defendant and the reason therefor shall be stated in the complaint. [Sec. 10, Rule 3, RoC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1193 Unwritten constitution. It consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles. [Cruz, Constl. Law, 1998 Ed., p. 4-5]. Compare with Written constitution. Unwritten law. Law in common-law countries which grew out of custom and which, without having been reduced to writing in the beginning, were handed down by tradition from one generation to another, and accepted by them as the law. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., pp. 725-726]. Updating. Training to improve the performance of people in their occupation in respect to modern developments; new materials, tools, processes. [Sec. 1, Rule 1, Book 2, IRR of LC]. Upgrading. Training for supplementary skills and knowledge in order to increase the versatility and occupational mobility of a worker or to improve his standard of performance.
[Sec. 1, Rule 1, Book 2, IRR of LC]. Upland farming. Planting of up-land crops which usually require less water than other crops, as in non-irrigated and elevated farm areas. [Sec. 4, RA 7607]. Urban. A city or [Glossary of Legal (Pro-Se), 2004].
town. Terms
Urban areas. All cities regardless of their population density and to municipalities with a population density of at least five hundred (500) persons per square kilometers. [Sec. 3, RA 7279]. Urban Development and Housing Act of 1992. RA 7279 entitled “An Act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes” enacted on March 24, 1992. Urbanizable areas. Sites and lands which, considering present characteristics and prevailing conditions, display marked and great potential of becoming urban areas within the period of five (5) years. [Sec. 3, RA 72797].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1194 Urbanizable lands. Sites and land areas which, considering present characteristics and prevailing conditions, display a marked and high probability of becoming urban lands within the period of five to ten years. [Sec. 3, PD 1517]. Urban Land Reform Act or Law. PD 1517 entitled “Proclaiming urban land reform in the Philippines and providing for the implementing machinery thereof” and signed into law on June 11, 1978. Urban land reform zones. See Areas for priority development. Urban lands. Lands which conform to any of the following criteria: (a) In their entirety, all cities and municipalities which have the population density of at least 1,000 persons per square kilometer and where at least 50 percent of the economically active population are engaged in non-agricultural activities; (b) All barangays comprising the former poblacion or barangays including a part of the former poblacion of cities or municipalities which have a population density of greater than 500 but less than 1,000 persons per square kilometer; and where
at least 50 percent of the economically active population engaged in nonagricultural activities; (c) All barangays not included in items (a) and (b) above which have a population size of at least 1,000 and where at least 50 percent of the economically active population are engaged in non-agricultural activities. [Sec. 3, PD 1517]. Urban poor. Individuals or families residing in urban centers and urbanizing areas whose income or combined household income falls below the poverty threshold as defined by the NEDA and/or cannot afford in a sustained manner to provide their minimum basic needs of food, health, education, housing and other essential amenities of life. [Sec. 3, RA 8425]. Uremia. A toxic clinical condition characterized by restlessness, muscular twitchings, mental disturbance, nausea, and vomiting associated with renal insufficiency brought about by the retention in blood of nitrogeneous urinary waste products. One of its causes is the obstruction in the flow of urinary waste products. [Narazo v. ECC, GR 80157. Feb. 6, 1990].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1195 Ureterolithiasis. The presence of stone in the ureter. This stone originates from the kidney and are carried down to the ureter by urine flow. [Chavez v. ECC, GR L-61931. Mar. 31, 1987]. Usage. The customary method of performing or carrying out an activity that is followed by a particular group of people, such as people within a particular trade. [Intl. Law Dict. & Direct., 2004]. Use. The act of injecting, intravenously or intramuscularly, or of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. [Sec. 2, RA 6425]. Used secondhand article. Any goods, article, item, object or anything of value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used. [IRR, Sec. 6, PD 1612]. Useful expenses. Those incurred for the enhancement of the utility or productivity of the property. [Ortiz v. Kayanan, GR L-
32974. July 30, 1979, citing IV Manresa, 1951 Ed., pp. 316-318]. Compare with Necessary expenses. Use of dangerous drug. The act of injecting, intravenously or intramuscularly, or of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. [Sec. 2, RA 6425]. Use of falsified documents. Crim. Law. The felony committed by any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in Art. 171, or in any of the subdivisions of Art. 172 of the Rev. Penal Code. [Art. 172, RPC]. Use immunity. Immunity which prohibits use of witness' compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness. [Galman v. Pamaran, GR 71208-09. Aug. 30, 1985, citing Black Law Dict., 5th Ed., 1979]. Compare with Transactional immunity.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1196 User-Led strategy. Also Market-driven strategy. A strategy which promotes strengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system. [Sec. 3, RA 7796]. Using false certificates. Crim. Law. The felony committed by any one who shall knowingly use any of the false certificates mentioned in Art. 174 of the Rev. Penal Code. [Art. 175, RPC]. Using fictitious name and concealing true name. Crim. Law. The felony committed by any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage, or by any person who conceals his true name and other personal circumstances. [Art. 178, RPC]. Using forged signature or counterfeit seal or stamp. Crim. Law. The felony committed by any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in Art. 161 of the
Rev. Penal Code. [Art. 162, RPC]. Usufruct. 1. A right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. [Art. 562, CC]. 2. The right to enjoy the property of another with the obligation of preserving its form and substance. (Jus alienis rebus utendi fruendi salva rerum substantia.) [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. 3. The rights to the product of another's property. For example, a farmer may give a right of usufruct of his land to a neighbor, thus enabling that neighbor to sow and reap the harvest of that land. [Duhaime's Legal Dict., 2004]. Usufruct, how extinguished. (a) By the death of the usufructuary, unless a contrary intention clearly appears; (b) by the expiration of the period for which it was constituted, or by the fulfillment of any resolutory condition provided in the title creating the usufruct; (c) by merger of the usufruct and ownership in the same person; (d) by renunciation of the usufructuary; (e) by the total loss of the thing in usufruct; (f) by the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1197 termination of the right of the person constituting the usufruct; (g) by prescription. [Art. 603, CC]. Usurer. One who lends money at a rate of interest greater than that established by law. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 413]. Usurious contract. One which stipulates for the payment of more than lawful interest for the use of money, or forbearance of a debt. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 413]. Usurious interest. That which is paid or stipulated to be paid beyond the rate of interest established by law. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Usurpation of authority. Also Usurpation of official functions. Crim. Law. The felony committed by any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pre-tense of official position, shall perform any act pertaining
to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so. [Art. 177, RPC]. Usurpation of civil status. Crim. Law. The felony committed by any person who shall usurp the civil status of another, whether or not he should do so for the purpose of defrauding the offended part or his heirs. [Art. 348, RPC]. Usurpation of executive functions. Crim. Law. The felony committed by any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers. [Art. 240, RPC]. Usurpation of judicial authority. Elements: (a) That the offender is an officer of the executive branch of the government; and (b) that he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction. [Muñez v. Ariño, AM MTJ-94985. Feb. 21, 1995]. Usurpation of judicial functions. Crim. Law. The felony committed by any officer of the executive
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1198 branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction. [Art. 241, RPC]. Usurpation of legislative powers. Crim. Law. The felony committed by any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof. [Art. 239, RPC]. Usurpation of name. It implies some injury to the interests of the owner of the name. It consists in the possibility of confusion of identity between the owner and the usurper. It exists when a person designates himself by another name. [Tolentino v. CA, GR L41427. June 10, 1988]. Usurpation of name. Elements: (a) There is an actual use of another's name by the defendant; (b) the use is unauthorized; and (c) the use of another's name is to designate personality or identify a person. [Tolentino v. CA, GR L-41427. June 10, 1988].
Usurpation of official functions. See Usurpation of authority. Usury. 1. Contracting for or receiving something in excess of the amount allowed by law for the loan or forbearance of money, goods or chattels. [Tolentino v. Gonzales, 50 Phil. 558 (1927)]. 2. That rate of interest charged for the loan of money which is in excess of the rate authorized by law. [Torres, Oblig. & Cont., 2000 Ed., p. 355]. 3. Extraction of interest on a loan above the maximum rate permitted by statute. [Glossary of Legal Terms (Pro-Se), 2004]. 4. Excessive or illegal interest rate. [Duhaime's Legal Dict., 2004]. Usury. Elements: (a) A loan, express or implied; (b) an understanding between the parties that the money lent shall or may be returned; (c) that for such loan a greater rate or interest that is allowed by law shall be paid, or agreed to be paid, as the case may be; and (d) a corrupt intent to take more than the legal rate for the use of money loaned. [Herrera v. Petrophil Corp., GR L-48349. Dec. 29, 1986]. Usury Law. Act 2655, as amended, which took effect on May 1, 1916. It is now
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1199 “legally inexistent” because of Circular No. 905 of the Central Bank adopted on Dec. 22, 1982 which has expressly removed the interest ceilings prescribed by the Usury Law. [Torres, Oblig. & Cont., 2000 Ed., p. 43]. Utang na loob. Tag. Gratitude which renders a man beholden to another, a sense of obligation which is valued as highly as pride and honor. [In re: Estrada, AM 87-9-3918-RTC. Oct. 26, 1987]. Utilization. 1. The extraction or disposition of minerals. [Sec. 3, RA 7942]. 2. The act of employing, enjoying, applying, converting supplies or property for the purpose for which the same are acquired. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 3. All operations involved in the manufacture, processing or conversion of raw corals into finished products. [Sec. 3, PD 1219]. Utilization equipment. Energy-consuming equipment including motors, heaters, furnaces, light sources and other devices which utilize electric energy, for any purpose. [Sec. 2, RA 7920]. Utilization review. A formal review of a patient utilization
or of the appropriateness health care services, on prospective, concurrent retrospective basis. [Sec. RA 9241].
of a or 1,
Ut res magis valeat quam pereat. Lat. 1. That construction (is to be) sought which gives effect to the whole of the statute — its every word. [Tamayo v. Gsell, 35 Phil. 953, 980]. 2. That the thing may rather have effect than be destroyed. [JMM Promotions & Management v. NLRC, GR 109835. Nov. 22, 1993, citing Simonds v. Walker, 100 Mass. 113]. 3. A law should be interpreted with a view of upholding rather than destroying it. From this principle arises the rule that in construing a statute, that interpretation is to be adopted which will give force and effect to every word, clause and sentence of the enactment. Uttering of coins. The circulation, passing of counterfeit coins. The act of giving away or delivering or passing to another counterfeit coins. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 442].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1200
-VVacancy in the inheritance. Succ. Vacancy caused by any of the following: (a) predecease of one of the instituted heirs, legatees or devisees; (b) incapacity of one of the instituted heirs, legatees or devisees; (c) repudiation by one of the instituted heirs, legatees or devisees; (d) non-fulfillment of the suspensive condition attached to the institution of an heir or the designation of a legatee or devisee; and (e) void or ineffective testamentary dispositions. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 463]. Vacate. To set [Glossary of Legal (Pro-Se), 2004].
aside. Terms
Vaginismus. Legal Med. Painful spasm of the vagina during coitus. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Vagrant. 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling. [Sec. 1, Phil. Vagrancy Act (Act 519)]. 2. Any person found loitering
about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes. 4. Any person who, not being included in the provisions of other articles of the Rev. Penal Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. [Art. 202, RPC]. 5. A tramp or homeless person. [Duhaime's Legal Dict., 2004]. Vague statute or act. A statute or act which lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in two respects: (a) it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid; and (b) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle. [People v. Nazario, GR L-44143. Aug. 31, 1988].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1201 Valid consignation. Requisites: The debtor must show (a) that there was a debt due; (b) that the consignation of the obligation had been made because the creditor to whom tender of payment was made refused to accept it, or because he was absent or incapacitated, or because several persons claimed to be entitled to receive the amount due [Art 1176, CC]; (c) that previous notice of the consignation had been given to the person interested in the performance of the obligation [Art. 1177, CC]; (d) that the amount due was placed at the disposal of the court and (e) that after the consignation had been made the person interested was notified thereof. [Ponce de Leon v. Syjuco Inc., 90 Phil., 311]. Valid delegation of power. Although Congress may delegate to another branch of the Government the power to fill in the details in the execution, enforcement or administration of a law, it is essential that said law: (a) be complete in itself, setting forth therein the policy to be executed, carried out or implemented by the delegate; and (b) fix a standard - the limits of which are sufficiently determinate
or determinable to which the delegate must conform in the performance of his functions. [Pelaez v. Auditor General, GR L-23825. Dec. 24, 1965]. Valid dismissal. Requisites: (a) The dismissal must be for any of the causes expressed in Art. 282 of the Labor Code, and (b) the employee must be given an opportunity to be heard and to defend himself. [Midas Touch Food Corp. v. NLRC, GR 111639. July 29, 1996]. Valid execution pending appeal. Requisites: (a) There must be a motion by the prevailing party with notice to the adverse party; (b) there must be good reasons for issuing execution; and (c) the good reasons should be stated in a special order. [Sasan v. CA, GR L-77201. Sep. 26, 1988]. Valid marriage. Essential requisites: (a) Legal capacity of the contracting parties who must be a male and a female; and (b) Consent freely given in the presence of the solemnizing officer. [Art. 2, FC]. Valid marriage. Formal requisites: (a) Authority of the solemnizing officer; (b) a valid marriage license except in the cases provided for in Chap. 2 of Title I of the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1202 Family Code; and (c) a marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. [Art. 3, FC]. Valid retrenchment. Requisites: (a) The losses expected should be substantial and not merely de minimis in extent; (b) the substantial losses apprehended must be reasonably imminent; (c) the retrenchment must be reasonably necessary and likely to effectively present the expected losses; and (d) the alleged losses, if already incurred, and the expected imminent losses sought to be forestalled, must be proved by sufficient and convincing evidence. [Catatista v. NLRC, 247 SCRA 46, Aug. 3, 1995, citing the case of Lopez Sugar Corp. v. Federation of Free Workers, 189 SCRA 179, Aug. 30, 1990]. Valid salvage claim. Necessary elements: (a) A marine peril; (b) service voluntarily rendered when not required as an existing duty or from a special contract; and (c) success in
whole or in part, or that the service rendered contributed to such success. [Erlanger & Galinger v. Swedish East Asiatic Co., Ltd., 34 Phil. 178]. Valid search warrant. Requisites: (a) It must be issued upon probable cause; (b) the probable cause must be determined by the judge himself and not by the applicant or any other person; (c) in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and such witnesses as the latter may produce; and (d) the warrant issued must particularly describe the place to be searched and persons or things to be seized. [Lim v. Ponce de Leon, 66 SCRA 299]. Valuable consideration. Nego. Inst. It consists either in some right, interest, profit or benefit, accruing to the party who makes the contract or some forbearance, detriment, loss, responsibility, act, labor, or service on the other side. [Claridades, A., Compilation of Notes, 2001-2006]. Value. 1. Any consideration sufficient to support a simple contract. [Sec. 3, PD 115]. 2. 2. Any consideration sufficient to support a simple
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1203 contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor. [Sec. 25, Act 2137]. Value-added tax. Tax paid by a taxpayer only on the value added to a good. [Intl. Law Dict. & Direct., 2004]. Valued policy. Ins. A policy of insurance which expresses on its face an agreement that the thing insured shall be valued at a specific sum. [Sec. 61, IC]. Compare with Open policy. Variable contract. Ins. Any policy or contract on either a group or on an individual basis issued by an insurance company providing for benefits or other contractual payments or values thereunder to vary so as to reflect investment results of any segregated portfolio of investments or of a designated separate account in which amounts received in connection with such contracts shall have been placed and accounted for separately and apart from other investments and accounts. [Sec. 232 (2), IC]. Variety. A plant grouping within a single botanical taxon of the lowest known
rank, that without regard to whether the conditions for plant variety protection are fully met, can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant groupings by the expression of at least one (1) characteristics, and considered as a unit with regard to the suitability for being propagated unchanged. A variety may be represented by seed, transplants, plants, tubers, tissue culture plantlets, and other forms. [Sec 3, RA 9168]. Vatican City. A city in Italy which has an independent government of its own, with the Pope, who is also head of the Roman Catholic Church, as the Holy See or Head of State, in conformity with its traditions, and the demands of its mission in the world. [Holy See v. Rosario, GR 101949. Dec. 1, 1994]. Vehicle. 1. Any carriage traveling on its own wheels or runners and used or intended to be used for the conveyance or carrying of persons, animals or goods. [Sec. 3, RA 4663]. 2. Any thing that is designed to transport persons or objects. A bicycle has been held to
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1204 be a vehicle. [Duhaime's Legal Dict., 2004]. Veinte nueve. Batangas knife. Also Beinte nueve. Vendee. The buyer; the person buying. [Claridades, A., Compilation of Notes, 2001-2006]. Vendor. The seller; the person selling. [Duhaime's Legal Dict., 2004]. Veneer. A non structural facing of brick, concrete, tile, metal, plastic, glass, or other similar approved materials attached to a backing or structural components of the building for the purpose of ornamentation, protection, or enclosure that may be adhered, integrated, or anchored either on the interior or exterior of the building or structure. [Sec. 1203, PD 1096]. Venta con pacto de retracto. Sp. Sale with the right to repurchase. [Cruz v. Joaquin, GR 1170. Sep. 17, 1903]. Venue. 1. The place of the court where the trial is to take place. [Torres, Oblig. & Cont., 2000 Ed., p. 355]. 2. Authority of a court to hear a matter based on geographical location. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The
location of a judicial hearing. [Duhaime's Legal Dict., 2004]. Compare with Jurisdiction. Venue of personal actions. Actions affecting title to or possession of personal property, or interest therein may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a nonresident defendant where he may be found, at the election of the plaintiff. [Sec. 2, Rule 4, RoC]. Venue of real actions. Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. [Sec. 1, Rule 4, RoC]. Verba fortius accipiuntur contra proferentem. Lat. A principle of construction whereby if the words of a contract are ambiguous, or of two equally possible meanings, they should be interpreted against the author of the words and not against the other party. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1205 Verba intentioni, non e contra, debent inservire. Lat. Words ought to be more subservient to the intent and not the intent to the words. [Phil. Consumers Foundation, Inc., v. NTC, GR L-63318. Aug. 18, 1984]. Verbal acts. Statements accompanying an equivocal act material to the issue, and giving it a legal significance. [Claridades, A., Compilation of Notes, 20012006]. Compare with Spontaneous statements. Verba legis non est recedendum. Lat. From the words of a statute there should be no departure. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701 (1992)]. Verdict. 1. A conclusion, as to fact or law, that forms the basis for the court's judgment. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The decision of a (court). In criminal cases, this is usually expressed as "guilty" or "not guilty". In a civil case, the verdict would be a finding for the plaintiff or for the defendant. [Duhaime's Legal Dict., 2004]. Verification. 1. An affidavit that verifies a pleading to the effect that the affiant has read the same and that
the allegations therein are true and correct of his knowledge and belief. [Sec. 4, Rule 7, RoC]. 2. A statement under oath which confirms the contents of an accompanying document. [Torres, Oblig. & Cont., 2000 Ed., p. 355]. Veritas simplex oratio est. Lat.The language of truth is simple. [People v. Malunes, GR 114692. Aug. 14, 1995]. Vermin. A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases. [Sec. 69, PD 856]. Vertical shaft. An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building. [Sec. 3, PD 1185]. Vessel. 1. Every type of boat, craft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. [Sec. 131, RA 7160]. 2. Every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. [Sec. 3, PD 600]. 3. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1206 Waters. It shall include all kinds and types of vessels or boats used in fishing. [Sec. 2, PD 532]. See Ship. Vessels. Also Watercraft. Any barge, lighter, bulk carrier, passenger ship freighter, tanker, container ship, fishing boats or other artificial contrivance utilizing any source of motive power, designed, used or capable of being used as a means of water transportation operating either as common contract carrier, including fishing vessels covered under PD 43, except (i) those owned and/or operated by the Armed Forces of the Philippines and by foreign governments for military purposes, and (ii) bancas, sailboats and other waterborne contrivance of less than three gross tons capacity and not motorized. [Sec. 3, PD 474]. Vested right. 1. Property which has become fixed and established, and is no longer open to doubt or controversy; an immediately fixed right of present or future enjoyment as distinguished from an expectant or contingent right [Benguet Consolidated Mining v. Pineda, 98 Phil. 711; Balbao v. Farrales, 51 Phil. 498]. 2. Some right or interest in property which has become fixed and
established and is no longer open to doubt or controversy. [Downs v. Blount, 170 Fed. 15,20, cited in Balboa v. Farrales, 51 Phil. 498, 502]. 3. A right having been created by the appropriate law, the recognition of its existence should follow everywhere. Thus an act valid where done cannot be called in question anywhere. [Beale, A Selection of Cases on the Conflicts of Laws, vol. 3, 1902 at p. 517]. Vested rights doctrine. The doctrine which holds that the duty to recognize another jurisdiction's law was not dependent on comity, with its expectation of reciprocity, but rather on the mere fact that such rights had been validly created under the foreign law of their place of origin, i.e. that they were vested rights. [Tetley, Glossary of Conflict of Laws, 2004]. Vestibule. A passage hall or antechamber between the outer doors and the interior parts of a house or building. [Sec. 3, PD 1185]. Veteran. 1. Any person or persons who served in the regularly constituted air, land, or naval services or army, or in such nonregularly organized military units in the Philippines
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1207 during World War II and whose services with such units are duly recognized by the Republic of the Philippines or by the Government of the United States, those who served in the Philippine Expeditionary Force to Korea and Vietnam, or in any armed conflict in which the Philippines may be involved in the future, and the retirees and pensioners of the Armed Forces of the Philippines, and the military personnel who served in the post World War II military service for at least ten years. Provided, That the said veterans or retirees have been discharged under honorable conditions from the service or continue in the active military service or are carried in the military roster on inactive reserve: Provided, further, That for purposes of PD 1906, the term shall also include the widows, orphans and compulsory heirs of deceased veterans in the direct ascending line and direct descending line, excluding their grandchildren and greatgrandchildren. [Sec. 4, PD 1906]. 2. The term shall include all military personnel who served with the military forces of the Philippines during the revolution against Spain, the Spanish-American War, World War I, World War
II, and the Korean conflict. [Sec. 2, RA 2664]. Veterinarian. A natural person who has been registered and issued a valid Certificate of Registration and Professional Identification Card by the Professional Regulatory Board of Veterinary Medicine in accordance with RA 9268. [Sec. 4, RA 9268]. Veto. Admin. Law. The refusal of assent by the executive officer whose assent is necessary to perfect a law which has been passed by the legislative body, and the message which is usually sent to such body by the executive, stating such refusal and the reasons therefor. [Black's Law Dict., Abr. 5th Ed. (1987), p. 809]. Veto. Intl. Law. The negative vote which any of the permanent members of the United Nations Security Council is allowed to cast in the decision of nonprocedural questions. The effect of this veto is to defeat the measure under consideration even if supported by a majority or, in fact, all of the other members of the Council. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 29]. Veto power of the President. The general
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1208 power of the President to veto the entire bill, not merely parts thereof. [Sec. 27(1), Art. VI, 1987 Const.]. The exception to the general veto power is the power given to the President to veto any particular item or items in a general appropriations bill [Sec. 27(1), Art. VI, 1987 Const.]. In so doing, the President must veto the entire item. [Phil. Const. Assoc. v. Enriquez, GR 113105. Aug. 19, 1994]. Via trita est tuttisima. Lat. The trodden path is the safest path. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Vicarious liability doctrine. Also Imputed negligence doctrine. 1. The obligation which is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. [Art. 2180, CC]. 2. Under Anglo-American tort law, a person is not only liable for torts committed by himself, but also for torts committed by others with whom he has a certain relationship and for whom he is responsible. [Tamargo v. CA, GR 85044. June 3, 1992]. 3. When a person is held responsible for the tort of another even though the person being held responsible may not have
done anything wrong. This is often the case with employers who are held vicariously liable for the damages caused by their employees. [Duhaime's Legal Dict., 2004]. Vices of consent. The following vices or defects vitiate consent and render the contract voidable: (a) mistake or error; (b) force or violence; (c) intimidation; (d) undue influence; and (e) fraud. [Art. 1330, CC]. Victimless crimes. Those crimes where, by the very nature thereof, no damages can possibly be sustained by a private party, such as espionage, violation of neutrality, flight to enemy country or crimes against popular representation. [People v. Quijada, GR 115008-09. July 24, 1996]. Videlicet. Lat. To wit or That is to say. Abbrev. Viz. It is often found in legal documents to advise that what follows provides more detail about a preceding general statement. For example: "The defendant committed adultery; viz., on April 15th, at approximately 10:30 pm, he had sexual intercourse with Ms. Jane Doe." [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1209 Vigilantibus it non dormientibus jure subveniunt. Lat. If eternal vigilance is the price of liberty, one cannot sleep on one's right. [Dela Cruz v. Dela Cruz, GR L-61969. July 25, 1984]. Vinculum juris. Lat. Bond of law. See Juridical or Legal tie. Vindictive damages. See Exemplary damages and Punitive damages. Violation. Injury; infringement; breach of right, duty or law; ravishment; seduction. [Black's Law Dict., Abr. 5th Ed. (1987), p. 811]. Violation of domicile. Crim. Law. The felony committed by any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so. [Art. 128, RPC]. Violation of neutrality. Crim. Law. The felony committed by anyone who, on the occasion of a war in
which the (Philippine) Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality. [Art. 119, RPC]. Violation of parliamentary immunity. Crim. Law. The felony committed by any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; or by any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under the Rev. Penal Code by a penalty higher than prision mayor. [Art. 145, RPC]. Violence. Unjust or unwarranted exercise of force, usually with the accompaniment of vehemence, outrage or fury. [Black's Law Dict., Abr. 5th Ed. (1987), p. 811].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1210 Violence against women and their children. Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. [Sec. 3, RA 9262]. Violence to vitiate consent. There is violence when in order to wrest consent, serious or irresistible force is employed. When this is present, consent is not free. [Diaz, Bus. Law Rev., 1991 Ed., p. 69, citing Art. 1335, CC]. Violent. Moving, acting, or characterized, by physical force, especially by extreme and sudden or by unjust or improper force. [Black's Law Dict., Abr. 5th Ed. (1987), p. 811]. Vir. Lat. Man or husband. Vir et uxor censentur in lege una persona is an old (and
long abandoned in most countries) legal principle meaning that man and wife are considered to be one person in law. [Duhaime's Legal Dict., 2004]. Virgin. Legal Med. A woman who has had no carnal knowledge of man and whose genital organs have not been altered by carnal connection. [Olarte, Legal Med., 1st Ed. (2004), p. 122]. Compare with Chaste. Virginity. Legal Med. The state of not knowing the nature of sexual life and not having experienced sexual relation (moral virginity). A condition whereby a woman is conscious of the nature of sexual life but has not experienced sexual intercourse (physical virginity). [Olarte, Legal Med., 1st Ed. (2004), p. 122]. Compare with Chastity. Visa. 1. An official endorsement on a document or passport denoting that the bearer may proceed. [Glossary of Legal Terms (Pro-Se), 2004]. 2. Formal authorization to enter a country. [Intl. Law Dict. & Direct., 2004]. Visit, right of. Intl. Law. Right of a warship or military aircraft on the high seas to approach a foreign ship if the warship or aircraft has
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1211 reasonable grounds for suspecting that the foreign ship is. (a) engaged in piracy, (b) engaged in the slave trade, (c) engaged in unauthorized broadcasting, (d) a ship without a nationality, or (e) a ship that refuses to fly a flag or is flying a foreign flag when it actually has the same nationality as the warship or aircraft. [Intl. Law Dict. & Direct., 2004]. Visitation right. The right of access of a noncustodial parent to his or her child or children. [Silva v. CA, GR 114742. July 17, 1997, citing Black's Law Dict., 6th Ed., p. 1572]. Visitorial power. The power of the Sec. of Labor or his duly authorized representative to inquire, from time to time, into the financial activities of legitimate labor organizations and to examine their books of accounts and other records to determine compliance or non-compliance with the law and to prosecute any violations of the law and the union constitution and bylaws. [Art. 274, LC]. Vital industries. Public utilities, including transportation and communication, companies engaged in the manufacture,
processing or distribution of fuel gas, gasoline and fuel or lubricating oil, companies engaged in the production or processing of essential commodities or products for export, and companies engaged in banking of any kind, as well as hospitals, schools and colleges. [Sec. 2, PD 823]. Vital information. Any information, document, book, writing or any other evidence necessary to build up to the people's case and/or secure the conviction of criminals. [Sec. 1, PD 1731]. Viva voce. Lat. With the living voice; by word of mouth. As applied in the examination of witness, this phrase is equivalent to “orally.” [Black's Law Dict., Abr. 5th Ed. (1987), p. 811]. Vivero de Fishpond.
peces.
Sp.
Viz. Abbreviation of the Latin word videlicet. Short for "namely" or "that is to say." [Duhaime's Legal Dict., 2004]. Vocational preparation training. A range of training activities primarily aimed at the youth and covering any or all of the following: (a) First introduction to work of a vocational character
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1212 covering a range of occupational activities; (b) preparing the youth for choosing an occupation or a line of training; (c) acquainting the youth with different materials, tools, machines, procedures and elementary theoretical knowledge relevant to a group of occupations; (d) providing the youth with working methods and standards expected at work; and (e) giving the youth basic knowledge about contributions which they may be able to make to the economic and social development of the country. [Sec. 1, Rule 1, Book 2, IRR of LC]. Void. 1. Invalid; a void agreement is one for which there is no remedy. [Glossary of Legal Terms (Pro-Se), 2004]. 2. Not legally binding. A document that is void is useless and worthless; as if it did not exist. For example, contracts for immoral purposes are said to be "void": unenforceable and not recognized by the courts. A good example is a contract to commit a serious crime such as murder. [Duhaime's Legal Dict., 2004]. Voidable. declared contract person
1. Capable of being invalid; a voidable is one where a may avoid his
obligation, as a contract between an adult and a minor. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The law distinguishes between contracts which are void and those which are voidable. Some contracts have such a latent defect that they are said to be void (see definition of void above). Others have more minor defects to them and are voidable at the option of the party victimized by the defect. [Duhaime's Legal Dict., 2004]. Voidable marriage. A marriage which may be annulled for any of the following causes, existing at the time of the marriage: (a) The party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; (b) either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (c) the consent of either
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1213 party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (d) the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; (e) either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or (f) either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. [Art. 45, FC]. Voidable or annullable contract. A contract that possesses all the essential requisites of a contract, namely: consent, object and cause, but has a defect or vice in that the consent is vitiated either by mistake, violence, intimidation, undue influence, fraud or that one of the contracting parties is incapable of giving consent to the contract. [Diaz, Bus. Law Rev., 1991 Ed., p. 88]. Voidable or annullable contracts. Contracts that are voidable or annullable,
even though there may have been no damage to the contracting parties, such as: (a) those where one of the parties is incapable of giving consent to a contract; (b) those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud [Art. 1390, CC]; and (c) those agreed to in a state of drunkenness; or (d) those agreed to during a hypnotic spell. [Art. 1328, CC]. Void contract. One which has no force and effect from the very beginning, as if it had never been entered into, and which cannot be validated either by time or by ratification. [Palmera v. CSC, GR 110168. Aug. 4, 1994]. Also Inexistent contract. Void donation. See Donation, when void. Void for vagueness doctrine. The rule that a statute or act may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in two respects: (a) it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1214 the conduct to avoid; and (b) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle. [People v. Nazario, GR L-44143. Aug. 31, 1988]. Void judgment. It is in legal effect no judgment. By it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon it are equally worthless. It neither binds nor bars any one. All acts performed under it and all claims flowing out of it are void. The parties attempting to enforce it may be responsible as trespassers. The purchaser at a sale by virtue of its authority finds himself without title and without redress. [Gomez v. Concepcion, 47 Phil. 717, 722-723].
contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; (c) those solemnized without license, except those exempted from license requirement; (d) Those bigamous or polygamous marriages not failing under Art. 41, FC); (e) those contracted through mistake of one contracting party as to the identity of the other; (f) those subsequent marriages that are void under Art. 53, FC; or (g) those contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. [Arts. 35 and 36, FC].
Void marriages due to absence of any of the essential requisites. The following marriages shall be void from the beginning due to absence of any of the essential requisites: (a) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (b) those solemnized by any person not legally authorized to perform marriages unless such marriages were
Void marriages for reasons of public policy. The following marriages shall be void from the beginning for reasons of public policy: (a) between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (b) between step-parents and step-children; (c) between parents-in-law and childrenin-law; (d) between the adopting parent and the adopted child; (e) between
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1215 the surviving spouse of the adopting parent and the adopted child; (f) between the surviving spouse of the adopted child and the adopter; (g) between an adopted child and a legitimate child of the adopter; (h) between adopted children of the same adopter; and (i) between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. [Art. 38, FC]. Void or inexistent contracts. Contracts which are inexistent and void from the beginning, viz: (a) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; (b) those which are absolutely simulated or fictitious; (c) those whose cause or object did not exist at the time of the transaction; (d) those whose object is outside the commerce of men; (e) those which contemplate an impossible service; (f) those where the intention of the parties relative to the principal object of the contract cannot be ascertained; (g) those expressly prohibited or declared void by law [Art. 1409, CC]; and (g) those which are the direct results
of previous illegal contracts [Art. 1422, CC]. Voir dire. Literally means “to speak the truth.” 1. In Amer. jurisprudence, the term denotes preliminary examination under oath of prospective jurors. The examination is conducted to determine the competency or qualifications of the witness in case it is objected to. When the court subjects the witness to voir dire, the court reminds him or her about the consequences of the truth. When the court is satisfied that the influence of fear or hope has been ruled out, then the confession of the witness can be deemed voluntary. [People v. Miscala, GR 91016. Sep. 27, 1991]. 2. The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. [Glossary of Legal Terms (Pro-Se), 2004]. Volatile substances. Any liquid, solid or mixed substance having the property of releasing toxic vapors or fumes containing one or more of the following chemical compounds: methanol, ethanol, isopropanol, ethyl acetate, n-propyl acetate, n-butyl acetate, acetone, methyl ethyl ketone, methyl butyl ketone, benzene, toluene, xylene, stryene, naphtalene,
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1216 n-pentane, n-hexane, nheptane, methylene chloride, trichloroenthylene, tetrachloroenthylene, nitrous oxide, dichlorodifluoromethane, chlorodifluoromethane, isoamyl nitrate, ether or chloroform or any other chemical substance which when sniffed, smelled, inhaled, or introduced into the physiological system of the body produces or induces a condition of intoxication, inebriation, excitement, stupefaction, dulling of the brain or nervous system, depression, giddiness, paralysis, or irrational behaviour or in any manner changing, distorting or disturbing the auditory, visual or mental processes. [Sec. 1, PD 1619]. Volenti non fit injuria. Lat. That to which a person assents is not deemed in law an injury. Consent to injury. Voluntary assumption of risk. A defense in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then he cannot later complain of, or seek compensation for an injury suffered during the event. [Duhaime's Legal Dict., 2004]. Volition test. That there be a total deprivation of freedom
of the will. Compare with Cognition test. Voltage. The highest effective potential difference between any two conductors of the circuit concerned expressed in volts. [Sec. 2, RA 7920]. Volte-face. An about-face; a reversal, as in policy or decision. [Word for the Day, Dictionary.com, Feb. 1, 2002]. Voluntarily committed child. A child whose parent(s) knowingly and willingly relinquishes parental authority to the DSWD. [Sec. 3, RA 8552]. Compare with Involuntarily committed child. Voluntary acknowledgment. See Voluntary recognition. Voluntary act. A free, intelligent, and intentional act. [US v. Ah Chong, GR 5272. Mar. 19, 1910]. Voluntary appearance. A waiver of the necessity of a formal notice. An appearance in whatever form, without expressly objecting to the jurisdiction of the court over the person, (which) is a submission to the jurisdiction of the court over the person. [Flores v. Zurbito, 37 Phil. 746, 750;
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1217 reiterated in Busuego v. CA, 151 SCRA 376, 385]. Voluntary arbitration. The reference of a dispute to an impartial body, the members of which are chosen by the parties themselves, which parties freely consent in advance to abide by the arbitral award issued after proceedings where both parties had the opportunity to be heard. [Hi-Precision Steel Center, Inc. v. Kim Steel Builders, Inc., GR 110434. Dec. 13, 1993]. Compare with Compulsory arbitration. Voluntary arbitrator. Any person accredited by the National Conciliation and Mediation (NCMB) as such, or any person named or designated in the collective bargaining agreement, by the parties to act as their voluntary arbitrator, or one chosen, with or without the assistance of the NCMB, pursuant to a selection procedure agreed upon in the collective bargaining agreement, or any official that may be authorized by the Sec. of Labor and Employment to act as voluntary arbitrator upon the written request and agreement of the parties to a labor dispute. [Sec. 1, Rule 1, Book 5, IRR of LC].
Voluntary compensation. This takes place when there is compensation by agreement of the parties as in the case of mutual set-off of accounts. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare with Legal compensation. Voluntary deposit. Civ. Law. A deposit wherein the delivery is made by the will of the depositor. [Art. 1968, CC]. Compare with Necessary deposit. Voluntary easements. 1. Easements established by the will of the owners. [Art. 619, CC]. 2. (They are) extinguished upon (their) renunciation by the owner of the dominant estate. [Art. 631, CC]. Voluntary heir. An heir who is called to the whole or to an aliquot part of the free portion of the inheritance by virtue of a will. [Jurado, Comments & Jurisp. on Succession, 1991 8th Ed., p. 104, citing Art. 782, CC]. Voluntary HIV testing. HIV testing done on an individual who, after having undergone pre-test counseling, willingly submits himself/herself to such test. [Sec. 4, RA 8496]. Voluntary period. Conventional period.
See
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1218 Voluntary recognition of natural children. An admission of the fact of paternity or maternity by the presumed parent, expressed in the form prescribed by the Civil Code. Its essence lies in the avowal of the parent that the child is his; the formality is added to make the admission incontestable, in view of its consequences. [Gapusan-Chua v. CA, GR 46746. Mar. 15, 1990]. Also Voluntary acknowledgment. Compare with Compulsory recognition. Voluntary resignation. Labor. The voluntary act of an employee who finds “himself in a situation where he believes that his personal reasons for resigning cannot be sacrificed in favor of the exigency of the service, and where he has no other choice but to disassociate himself from his employment.” [Habana v. NLRC, GR 121486, Nov. 16, 1998]. Voting security. Any security presently entitling the owner or holder thereof to vote for the election of directors of a company. [Sec. 3, RA 2629]. Voluntary recognition. An admission of the fact of paternity or maternity by the presumed parent, expressed in the form prescribed by the
Civil Code. Its essence lies in the avowal of the parent that the child is his; the formality is added to make the admission incontestable, in view of its consequences. [Gapusan-Chua v. CA, GR 46746. Mar. 15, 1990]. Compare with Compulsory recognition. Voluntary surrender. To be appreciated as a mitigating circumstance, the following elements must be present: (a) the offender has not been actually arrested; (b) the offender surrendered himself to a person in authority; and, (c) the surrender must be voluntary. All these requisites appear to have attended their surrender. [People v. Canamo, GR 62043, 13 Aug. 1985; 138 SCRA 141]. Vote cast. The exercise on a ballot of the choice of the voter on the measure proposed. [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973]. Voting share. Corp. Law. A share with right to vote. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. Compare with Non-voting share. Voting trust. 1. An agreement in writing between one or more stockholders of a stock
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1219 corporation for the purpose of conferring upon a trustee or trustees the right to vote and other rights pertaining to the shares for certain periods and subject to such other conditions provided for in the Corporation Law. [Sec. 1(d), RA 6713]. 2. A trust created by an agreement between a group of the stockholders of a corporation and the trustee or by a group of identical agreements between individual stockholders and a common trustee, whereby it is provided that for a term of years, or for a period contingent upon a certain event, or until the agreement is terminated, control over the stock owned by such stockholders, either for certain purposes or for all purposes, is to be lodged in the trustee, either with or without a reservation to the owners, or persons designated by them, of the power to direct how such control shall be used. [Lee v. CA, GR 93695. Feb. 4, 1992, citing Ballentine's Law Dict.]. Voting trust agreement. 1. An agreement in writing between one or more stockholders of a stock corporation for the purpose of conferring upon a trustee or trustees the right to vote and other rights pertaining to the shares for certain periods and subject to such
other conditions provided for in the Corporation Law. [Sec. 1, Rule IX, RA 6713]. 2. An agreement that results in the separation of the voting rights of a stockholder from his other rights such as the right to receive dividends, the right to inspect the books of the corporation, the right to sell certain interests in the assets of the corporation and other rights to which a stockholder may be entitled until the liquidation of the corporation. [Lee v. CA, GR 93695. Feb. 4, 1992]. Voyage charter. 1. A contract for the hire of a vessel for one or a series of voyages usually for the purpose of transport in goods for the charterer. The voyage charter is a contract of affreightment and is considered a private carriage. [Maritime Agencies & Services, Inc. v. CA, GR 77638. July 12, 1990, citing Schoenbaum, Admiralty and Maritime Law, 1987, Student Ed., p. 383]. 2. A contract of affreightment, that is, a contract for the carriage of goods, from one or more ports of loading to one or more ports of unloading, on one or on a series of voyages. In a voyage charter, master and crew remain in the employ of the owner of the vessel. [Litonjua Shipping Inc. v.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1220 Natl. Seamen Board, 51910. Aug. 10, 1989].
GR
Voyeurism. Legal Med. The compulsion by the sexual deviant, usually called “Peeping Tom,” to peep to see persons undress or perform other personal activities while he/she, during or after seeing or peeping, masturbates. [Olarte, Legal Med., 1st Ed. (2004), p. 117]. Vulgar substitution. See Simple or common substitution. Vulnerable species. Species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future. [Sec. 5, RA 9147].
-WWage. The remuneration or earning, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Sec. of Labor, of board, lodging, or other facilities customarily furnished by the employer to the employee. [Art. 97 (f), LC]. Wage distortion. A situation where an increase in prescribed wage rates results in the elimination of severe contraction of intentional quantitative
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1221 differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation. [Art. 124, LC, as amended by RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. Wages. All remuneration (other than fees paid to a public official) for services performed by an employee for his employer, including the cash value of all remuneration paid in any medium other than cash. [NIRC, as amended]. Waive. To voluntarily give up a legal right. [Intl. Law Dict. & Direct., 2004]. Waiver. 1. A voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which except for such waiver the party would have enjoyed; the voluntary abandonment or surrender, by a capable person, of a right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the
relinquishment of such right; or the intentional doing of an act inconsistent with claiming it. [People v. Donato, GR 79269. June 5, 1991]. 2. Intentionally given up a right. [Glossary of Legal Terms (Pro-Se), 2004]. Waiver of immunity. A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself, thereby making it possible for his testimony to be used against him in future proceedings. [Glossary of Legal Terms (Pro-Se), 2004]. Walang-hiya. Tag. It means "shameless.” [Gonzales v. Arcilla, GR 27923. Nov. 18, 1991]. Wanton. Reckless, heedless, malicious; characterized by extreme recklessness or foolhardiness; recklessly disregardful of the rights or safety of others or of consequences. [Black's Law Dict., Abr. 5th Ed. (1987), p. 816]. Wanton attitude. A licentious act by one man towards the person of another, without regard to his rights. [Moreno's Phil. Law Dict., 2nd Ed., p. 497, citing Almeda v. Northwest
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1222 Orient Airlines, Aug. 8, 1990].
CV-17413,
War. Intl. Law. A sustained struggle of a scale and duration that threatens the existence of the government of a state or an equivalent juridical person and that is waged between groups of forces that are armed, wear a distinctive insignia, and are subject to military discipline under a responsible command. [Intl. Law Dict. & Direct., 2004]. War; how it may be terminated. War may be terminated (a) by simple cessation of hostilities; (b) by the conclusion of a negotiated treaty of peace; or (c) by the defeat of one of the belligerents. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 144-145]. Warehouse. 1. A building utilized for the storage of products for sale and from which goods or merchandise are withdrawn for delivery to customers or dealers, or by persons acting in behalf of the business. A warehouse that does not accept orders and/or issue sales invoices as aforementioned shall not be considered a branch or sales office. [Art. 243, IRR, LGC]. 2. A building or shed used for the storage of cargo. [Sec. 3, PD 857].
Warehouseman. 1. One who receives and stores goods of another for compensation. [Comm. of Internal Revenue v. Hawaiian-Philippine Co., GR L-16315. May 30, 1964, citing 44 Words & Phrases, p. 635]. 2. A person engaged in the business of receiving commodity for storage. [Sec. 2, Act 3893, as amended]. Warehouse receipt. A written acknowledgment by a warehouseman that he has received and holds certain goods in his warehouse for the person to whom the document is issued. [Suggested answer to Bar 1949; 1954; 1967, cited in Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26]. Warehouse Receipts Law. Act No. 2137 which prescribes the mutual rights and duties of a warehouseman who issues ware-house receipts, and his depositor, and covers all warehouses, bonded or not. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26]. Warning. 1. An act or fact of putting one on his guard against an impending danger, evil consequences or penalties. [Tobias v. Veloso, GR L-40224. Sep. 23, 1980]. 2. The notice printed on the tobacco product or its
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1223 container and/or displayed in print or alert in broadcast or electronic media including outdoor advertising and which shall bear information on the hazard of tobacco use. [Sec. 4, RA 9211]. War power. The power vested solely in Congress to declare, by a vote of twothirds of both Houses in joint session assembled, voting separately, the existence of a state of war. [Claridades, A., Compilation of Notes, 2001-2006]. Warrant. Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based. [Glossary of Legal Terms (Pro-Se), 2004]. Warrantless arrest. Arrest made without a warrant issued by a judge. [Claridades, A., Compilation of Notes, 2001-2006]. Warrantless arrest; when lawful. A peace officer or a private person may, without a warrant, arrest a person: (a) when in his presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offense; (b) when an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; (c) when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. [Sec. 5, Rule 113, RoC]. Warrantless search and seisure. Search and seizure made without a warrant issued by a judge. [Claridades, A., Compilation of Notes, 2001-2006]. Warrantless search and seizure; when valid. There are instances when a warrantless search and seizure becomes valid, namely: (a) search incidental to an arrest; (b) search of a moving vehicle; and (c) seizure of evidence in plain view. [Manipon, Jr. v. Sandiganbayan, L-58889, July 31, 1986, 143 SCRA 267, 276]. Warrantless search incidental to a lawful arrest. Search recognized under Sec. 13, Rule 126 of the Rules of Court which
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1224 provides that “a person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense, without a search warrant. Warrant of arrest. An order issued by the judge upon probable cause determined personally by him after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the persons to be arrested. [Claridades, A., Compilation of Notes, 2001-2006]. Compare with Search warrant. Warranty. 1. A promise that a proposition of fact is true. A promise that certain facts are truly as they are represented to be and that they will remain so. [Magno v. CA, GR 96132. June 26, 1992, citing Black's Law Dict., 5th Ed., (1979) p. 1423]. 2. A promise that a proposition of fact is true. [Glossary of Legal Terms (Pro-Se), 2004]. 3. An undertaking that the title, quality, or quantity of the subject matter of a contract is what it has been represented to be, and relates to some agreement made ordinarily by the party who makes the warranty.
[De Leon, Comments and Cases on Credit Trans., 1999 Ed., p. 237, citing 38 CJS 1134]. Warranty deed. Also Deed of warranty. A deed which guarantees that the title conveyed is good and its transfer rightful. [Jurist’s Legal Dict., 2004]. Warsaw Convention. The “Convention for the Unification of Certain Rules Relating to International Transportation by Air” signed at Warsaw, Poland on Oct. 12, 1929. Waste. 1. Any material either solid, liquid, semisolid, contained gas or other forms resulting industrial, commercial, mining or agricultural operations, or from community and household activities that is devoid of usage and discarded. [Sec 4, RA 9275]. 2. Property. The abuse, destruction or permanent change to property by one who is merely in possession of it as in the case of a tenant or a life tenant. [Duhaime's Legal Dict., 2004]. Waste dump area. A designated place where the mine waste are accumulated or collected. [Sec. 4, DENR Admin. Order 95-23].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1225 Wastewater. Waste in liquid state containing pollutants. [Sec 4, RA 9275]. Wasting assets corporation. Corp. Law. A corporation the sole purpose of which is to invest its capital in a specific property and afterwards to consume that property at a profit, such as mining or oil corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 275]. Watchman or security guard, watchman or security guard agency. Any person who offers or renders personal service to watch or secure either residential or business establishment, or both, or any building, compound, or area including but not limited to logging concessions, agricultural, mining or pasture lands for hire or compensation, or as an employee thereof shall be known as watchman or security guard; and any person, association, partnership, or corporation, who recruits, trains, muster, furnishes, solicits individuals or business firms, private or government-owned or controlled corporations to engage his service or those of its watchmen, shall be known as watchman of security guard agency. [Sec. 3, RA 5487, as amended by PD 11].
Water body. Both natural and man-made bodies of fresh, brackish, and saline waters, and includes, but is not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters. Water bodies do not refer to those constructed, developed and used purposely as water treatment facilities and/or water storage for recycling and re-use which are integral to process industry or manufacturing. [Sec 4, RA 9275]. Water Code of the Philippines. PD 1067 entitled “A Decree instituting a Water Code, thereby revising and consolidating the laws governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources” signed into law on Dec. 31, 1976. Watercraft. Any waterborne unit which is designed and built to have an electric plant. [Sec. 2, RA 7920]. See Vessels. Watered shares. Corp. Law. Those issued for no consideration or inadequate
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1226 consideration. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Water pollution. Any alteration of the physical, chemical, biological, or radiological properties of a water body resulting in the impairment of its purity or quality. [Sec 4, RA 9275]. Water quality. 1. The characteristics of water, which define its use in characteristics by terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated. [Sec 4, RA 9275]. 2. The characteristics of water which define its use in terms of physical, chemical and biological contents; hence the quality of water for domestic use is different from industrial use. [Sec. 62, PD 1152]. Water quality guidelines. The level for a water constituent or numerical values of physical, chemical, biological and bacteriological or radiological parameters which are used to classify water resources and their use, which does not result in significant health risk and which are not intended for direct enforcement but only for water quality management purposes, such as determining time trends,
evaluating stages of deterioration or enhancement of the water quality, and as basis for taking positive action in preventing, controlling or abating water pollution. [Sec 4, RA 9275]. Water quality management area action plan. This plan includes, but is not limited to, the following: (a) goals and targets including sewerage or septage program, (b) schedule of compliance to meet the applicable requirements of RA 9275; (c) water pollution control strategies or techniques; (d) water quality information and education program; e) resource requirement and possible sources; f) enforcement procedures of the plan and (g) rewards and incentives under Chap. 4 of RA 9275. [Sec 4, RA 9275]. Water quality standard. A plan that is established by governmental authority as a program for water pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water. [Sec. 62, PD 1152]. Water quality surveillance. A close and continuous supervision of the water quality to detect
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1227 development movements or changes in the characteristics of the water. [Sec. 62, PD 1152]. Water rights. 1. The privilege to appropriate and use water. [Art. 13, PD 1067]. 2. The right to use water. [Glossary of Legal Terms (Pro-Se), 2004]. Waters. The term refers to water under the grounds, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines. [Art. 4, PD 1067]. Watershed. A land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off. [Sec. 3, PD 705]. Watershed reservation. A forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. [Sec. 3, PD 705]. Watusi. Usually reddish in color about 1 1/2 inches in length and 1/10 inch in width usually ignited by friction to produce a dancing movement and a crackling sound. [Sec. 2, RA 7183].
Wedlock. Being married. It has the same meaning as matrimony. Used mostly to refer to illegitimate children as "born out of wedlock." [Duhaime's Legal Dict., 2004]. Week. A period of time consisting of seven consecutive days. [Concepcion v. Zandueta, 36 OG 3139 (1938); Moreno, Phil. Law Dict., 2nd Ed., 1972, p. 660)]. Weight of evidence. The probative value or credit the court gives to a particular evidence admitted to prove a fact in issue. [Claridades, A., Compilation of Notes, 2001-2006]. Welfare state concept. Under this concept, private property does not constitute for anyone an absolute and unconditioned right. All men are equal in their right to a decent life. It is not a system of justice where one man is very wealthy and another very poor. Where such a situation exists on a national scale, it becomes a matter of social justice. [Alalayan v. Napocor (24 SCRA 172, 181182 (1968)]. Wenphil doctrine. The principle that teaches, as in other cases, that where the dismissal of an employee is for a just cause but without
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1228 due process, the employer must indemnify the dismissed employee. [Wenphil Corp. v. NLRC, GR 80587, 8 Feb. 1989, 170 SCRA 69]. Wet-nursing. The feeding of a newborn from another mother's breast when his/her own mother cannot breastfeed. [Sec. 3, RA 7600]. Wharf. A continuous structure built parallel to along the margin of the sea or alongside riverbanks, canals or waterways where vessels may lie alongside to receive or discharge cargo, embark or disembark passengers, or lie at rest. [Sec. 3, PD 857]. Wharfage. A fee assessed against the cargo of a vessel engaged in foreign or domestic trade based on quantity, weight, or measure received and/or discharged by vessel. [Sec. 131, RA 7160]. Wharfage due. The amount assessed against the cargo of a vessel engaged in foreign or coastwise trade, based on the quantity, weight or measure received and/or discharged by such vessel. The owner or consignee of the article, or the agent of either, is the person liable for such charge. [Sec. 2801, RA 1937,
as amended by PD 34 and PD 441]. Whenever praticable and convenient. This phrase connotes a meaning which prevents an unbridled application of the Rules of Court, as well as of all matters incident thereto, for there is still need to show and analyze if the extension would help attain the objective of the law or would tend to defeat it. [Morente v. Filamor, 52 Phil., 289]. Whereas clauses. They do not form part of a statute, strictly speaking; they are not part of the operative language of the statute. Nonetheless, whereas clauses may be helpful to the extent they articulate the general purpose or reason underlying a new enactment. [Llamado v. CA, GR 84850. June 29, 1989]. Also Preambulatory clauses. Whistle device. Any of the various kinds of firecrackers or pyrotechnic designed to either simply emit a whistlelike sound or explode afterwards upon being ignited. [Sec. 2, RA 7183]. White slave trade. Crim. Law. The felony committed by any person who, in any manner, or under any pretext, shall engage in the
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1229 business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution. [Art. 341, RPC, as amended by BP 186]. Whole eye. The entire eye ball minus the conjunctiva after it has been enucleated from the orbit. [Sec. 4, DOH Admin. Order 11-95]. Wholesale. A sale where the purchaser buys or imports the commodities for resale to persons other than the end user regardless of the quantity of the transaction. [Sec. 131, RA 7160]. Wholesale posted price (WPP). The ceiling price of petroleum products set by the Energy Regulatory Board based on its duly approved automatic pricing formula. [Sec. 4, RA 8479]. Wholesaler. Every person who acts as a jobber, merchant, broker or agent, who sells or distributes for resale pharmaceuticals, proprietary medicines or pharmaceutical specialties. [Sec. 42, RA 5921]. Wholesaling. Selling to retailers or jobbers rather than to consumers or a sale in large quantity to one who intends to resell. [Marsman & Co. v. First Coconut Central Co., GR L-39841.
June 20, 1988, citing Black's Law Dict., 5th Ed.]. Wholly-owned subsidiary corporation. A corporation that is organized or a corporation already in existence wherein one hundred per cent (100%) of its shares of stock are owned or controlled by the organizing or subscribing Authority, in this case, the Phil. Tourism Authority, to carry out or accomplish its purpose. [Sec. 38, PD 564]. Wholly-owned subsidiary of a person. A company ninety-five per centum or more of the outstanding voting securities of which are owned by such person, or by a company which, within the meaning of Sec. 3 of RA 2629, is a whollyowned subsidiary of such person. [Sec. 3, RA 2629]. See Majority-owned subsidiary of a person. Wife's separate estate. That from which the dominion and control of the husband is excluded, and from which he is to derive no benefit by reason of the marital relation. It may be equitable or statutory, according to the mode of its creation. [Ossorio v. Posadas, GR 31088. Dec. 3, 1929, citing 30 Corpus Juris, 795].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1230 Wildlife. Wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated. [Sec. 5, RA 9147]. Wildlife collector's permit. A permit to take or collect from the wild certain species and quantities of wildlife for commercial purposes. [Sec. 5, RA 9147]. Wildlife farm or culture permit. A permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and/or scientific purposes. [Sec. 5, RA 9147]. Wildlife sanctuary. An area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation. [Sec. 4, RA 7586]. Will. 1. An act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. [Art. 783, CC]. 2. A personal, solemn, revocable and free act by which a
capacitated person disposes of his property and rights and declares or complies with duties to take effect after his death. [Vitug v. CA, GR 82027. Mar. 29, 1990]. 3. A legal declaration that disposes of a person's property when that person dies. [Glossary of Legal Terms (Pro-Se), 2004]. 4. A written and signed statement, made by an individual, which provides for the disposition of his property when he dies. [Duhaime's Legal Dict., 2004]. Also called Last will and testament. See also Codicil and Probate. Willful. An act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently [Tiu v. NLRC, GR 83433. Nov. 12, 1992, citing Black's Law Dict., 5th Ed., 1434]. Willful breach. Such breach which is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. [Intl. Harvester Macleod, Inc. v. IAC, GR 73287, May 18, 1987, 149 SCRA 641].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1231 Willful breach of trust. An act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. [Tiu v. NLRC, GR 83433. Nov. 12, 1992, citing Black's Law Dict., 5th Ed., 1434). Willful disobedience of the employer's lawful order. Requisites: (a) The employee's assailed conduct must have been intentional and characterized by a wrongful and perverse attitude; and (b) the order violated must have been reasonable, lawful, and made known to the employee and should pertain to the duties which he has been engaged to discharge. [Nuez v. NLRC, 239 SCRA 518, San Miguel Corp. v. Ubaldo, 218 SCRA 293, 300 citing Gold City Integrated Port Services v. NLRC, 189 SCRA 811]. Willful exposure to needless peril. A reckless risking of (one’s own) that is almost suicidal in intent. [Sun Insurance Office, Ltd. v. CA, GR 92383. July 17, 1992]. Compare with Suicide. Willful misconduct. Acts impelled by an intention to violate the law, or in
persistent disregard of one's rights. It must be evidenced by a flagrantly or shamefully wrong or improper conduct. [Luna v. CA, GR 100374-75. Nov. 27, 1992]. Will, how revoked. No will shall be revoked except in the following cases: (a) By implication of law; or (b) by some will, codicil, or other writing executed as provided in case of wills; or (c) by burning, tearing, canceling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. [Art. 830, CC]. Wills, forms of. Every will must be in writing and executed in a language or dialect known to the testator. [Art. 804, CC]. Wills, witnesses to. Any person of sound mind and of the age of eighteen years or more, and not bind, deaf or
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1232 dumb, and able to read and write, may be a witness to the execution of a will mentioned in Art. 805 of the Civil Code. [Art. 820, CC]. Wilson or Tobar doctrine. Intl. Law. 1. The doctrine that precludes recognition to any government coming into existence by revolutionary means so long as the freely elected representatives of the people thereof have not constitutionally recognized the country. [Sandoval, Pol. Law Reviewer 2003]. 2. The doctrine which was first expressed in a treaty concluded in 1907 by the Central American republics at the suggestion of Foreign Minister Tobar of Ecuador and was reiterated by President Woodrow Wilson of the United States in a public statement in 1913. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44]. Compare with Estrada doctrine. Window period. The period of time, usually lasting from two weeks to six (6) months during which an infected individual will test negative upon HIV testing but can actually transmit the infection. [Sec. 4, RA 8496]. Winning bidders. Bidders who have received awards of contract or orders. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC].
Wire tapping. 1. The crime committed by any person who, not being authorized by all the parties to any private communication or spoken word, shall tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described; or by any person, be he a participant or not in the act or acts penalized in the next preceding sentence, who shall knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of RA 4200 in the manner prohibited by said law; or to replay the same for any other person or persons; or communicate the contents thereof, either verbally or in writing, or furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1233 mentioned in Sec. 3 thereof, shall not be covered by this prohibition. [Sec. 1, RA 4200]. 2. An electronic surveillance device which secretly listens in and records conversations held over a phone line. It is usually only allowed with the permission of (the court) and if it can be shown to be necessary for the solving of a serious crime. [Duhaime's Legal Dict., 2004]. Witch. One who practices the black art, or magic; one regarded as possessing supernatural or magical power by compact with an evil spirit, especially with the devil; a sorcerer or sorceress — now applied chiefly or only to women. [People v. Sario, GR L-20754 & L20759. June 30, 1966]. Witchcraft. The practice or art of witches; the practice of black magic; sorcery; enchantments; intercourse with evil spirits; also an instance of such practice. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Withholding agent. Any person required to deduct and withhold any tax under the provisions of Sec. 57 of the National Internal Revenue code. [Sec. 22, NIRC, as amended].
Withholding tax. A tax deducted from a salary, wage, or other income on behalf of the government at the time of payment of wages to the person who pays it. [Glossary of Legal Terms (Pro-Se), 2004; Jurist’s Legal Dict., 2004]. Withholding tax system. A system under which the payee is the taxpayer, the person on whom the tax is imposed, while the payor, a separate entity, acts no more than an agent of the government for the collection of the tax in order to ensure its payment. [Bank of America v. CA, GR 103092. July 21, 1994]. Without jurisdiction. Absence of a legal power to determine a case. [Bench Book for Trial Court Judges, p. 2-86]. Without prejudice. 1. When the dismissal of the previous action is without prejudice, the plaintiff has the right to file another complaint against the principal. [Ang v. Fulton Fire Ins., GR L-15862. July 31, 1961]. 2. A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal, these words maintain the right to bring a subsequent suit on the same claim. [Glossary of Legal Terms (Pro-Se), 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1234 With prejudice. A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause. [Glossary of Legal Terms (Pro-Se), 2004]. Witness. 1. Any person who, having organs of sense, can perceive and, perceiving, can make known his perception to others. [Sec. 1, PD 1731]. 2. One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed. [Glossary of Legal Terms (Pro-Se), 2004]. 3. The regular definition of this word is a person who perceives an event by seeing, hearing, smelling or other sensory perception. The legal definition refers to the court-supervised recital of that sensory experience, in writing (deposition) or verbally (testimony). [Duhaime's Legal Dict., 2004]. Witness Protection, Security and Benefit Act. RA 6981 entitled “An Act providing for a witness protection, security and benefit program and for other purpose” enacted on Apr. 24, 1991.
Witness to the signature. See Instrumental witness. Woman and Child Labor. RA 679. [Expressly repealed by the Labor Code]. Women in Development and Nation Building Act. RA 7192 entitled “An act promoting the integration of women as full and equal partners of men in development and nation building and for other purposes” enacted on Feb. 12, 1992. Words of negotiability. See Negotiability, words of. Words of purchase. Words which specifically name the person to whom land is being conveyed. The property is conveyed to specifically and by name in a legal act such as a conveyance or will. This would preclude, for example, transfer as a result of intestacy. [Duhaime's Legal Dict., 2004]. Work animals. Animals ordinarily employed in a farm enterprise, such as carabaos, horses, bullocks, etc. [Sec. 166, RA 3844]. Worker. Any member of the labor force, whether employed or unemployed. [Art. 13, LC].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1235 Workers in the formal sector. Workers in registered business enterprises who sell their services in exchange for wages and other forms of compensation. [Sec. 3, RA 8425]. Workers in the informal sector. Poor individuals who operate businesses that are very small in scale and are not registered with any national government agency, and to the workers in such enterprises who sell their services in exchange for subsistence level wages or other forms of compensation. [Sec. 3, RA 8425]. Working fund. The account to which all investment incomes, premium incomes, and all other incomes shall be credited and against which all operating costs and other expenses, including claims paid, shall be debited. [Sec. 3, RA 6424]. Workmen's compensation. Liability for compensation for loss resulting from injury, disability or death of the workingman through industrial accident or disease. It is based on incapacity or disability for work, and hence on the loss or impairment of the employee's earning capacity in the employment at which
he was engaged when injured, the compensation payments being in lieu of wages or based on the loss thereof and on the idea of providing means of subsistence to the employees during the time when his earning capacity has been partially or entirely destroyed. In other words, as long as the employee is able to work and receives his pay even if he is suffering from illness, he is not entitled to compensation. [Central Azucarera Don Pedro v. de Leon, 101 Phil. 1141 (1959); Lombo v. Standard Cigarette Manufacturing Co., 58 SCRA 750 (1974)]. Workmen's Compensation Act. Act No. 3428, as amended. [Expressly repealed by the Labor Code]. Work of fine art. All original works of art like paintings, sculpture, drawings and artwork produced in multiples such as graphic and photographic works and sculpture casts, but shall not include works intended to be mass-produced for commercial use. [Sec 3, RA 9105]. Work of the Government of the Philippines. A work created by any officer or employee of the Philippine Government or any of its subdivisions and
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1236 instrumentalities, including government owned or controlled corporations as a part of his regularly prescribed official duties. [Sec. 9, PD 49].
cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against him in his absence).
Workplace. The place or locality where the employee is regularly assigned when the cause of action arose. It shall include the place where the employee is supposed to report back after a temporary detail, assignment or travel. [Cruzvale v. Laguesma, GR 107610. Nov. 25, 1994].
Writ of attachment. Substantially a writ of execution except that it emanates at the beginning, instead of at the termination, of a suit. It places the attached properties in custodia legis, obtaining pendente lite a lien until the judgment of the proper tribunal on the plaintiff's claim is established, when the lien becomes effective as of the date of the levy. [Santos v. Aquino, GR 86181-82. Jan. 13, 1992].
World Wide Web (WWW). Internet information system that provides access to text, images, full-motion video, sound and other media connected by hyperlinks. [Intl. Law Dict. & Direct., 2004]. Writ. 1. A judicial order directing a person to do something. [Glossary of Legal Terms (Pro-Se), 2004]. 2. An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That person is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these
Writ of certiorari. An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. [Glossary of Legal Terms (Pro-Se), 2004]. Writ of error. The method of appealing criminal cases where the appellate court can only consider errors assigned by the appellant and can not consider the facts further than is necessary to reach a conclusion upon the errors assigned by the appellant. [US v. Padilla, GR 1883. May 1, 1905].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1237 Writ of execution. An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt. [Glossary of Legal Terms (Pro-Se), 2004]. Writ of execution, quashing of. A writ may be quashed or recalled only when: (a) it appears that it has been improvidently issued, (b) the writ is defective in substance, or (c) it is issued against the wrong party, or (d) the judgment debt has been paid, or (e) the writ has been issued without authority, or (f) there is a change in the situation of the parties which makes such execution inequitable, or (g) the controversy was never submitted to the judgment of the court [ Intl. School v. Min. of Labor and Employment, GR 54243, July 21, 1989]. Writ of garnishment. An order of the court whereby property, money, or credits in the possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action. [Glossary of Legal Terms (Pro-Se), 2004].
Writ of habeas corpus. A writ or order directed to the person detaining another and commanding him to produce the body of the prisoner at a certain time and place, with the day and cause of his detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 222-223, citing Black’s Law Dict., 837 (1951)]. Writ of possession. An order whereby the sheriff is commanded to place a person in possession of a real or personal property, such as when a property is extrajudicially foreclosed. [AG Devt Corp. v. CA, GR 111662. Oct. 23, 1997, citing Moreno, Phil. Law Dict., 1972 and Sec. 7, Act 3135, as amended]. Writ of preliminary attachment. A provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the defendant therein, the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment might be secured in said action by the attaching creditor against the defendant (Adlawan v. Tomol, 184 SCRA 31 [1990]
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1238 citing Virata v. Aquino, 53 SCRA 30-31 [1973]). Writ of preliminary injunction. 1. A provisional remedy in the form of an order issued by a judge before whom the action is pending at any stage thereof prior to final judgment requiring a person to refrain from a particular act. It may also require the performance of a particular act in which case it shall be known as preliminary mandatory injunction. 2. At times referred to as the strong arm of equity, the writ of preliminary injunction, whether prohibitory or mandatory, is sought for the protection of the rights of a party before the final determination of his rights vis-à-vis others' in a pending case before the court. [Heirs of Roxas v. IAC, GR 78618. May 29, 1989] Writ of preliminary injunction, issuance of. Requisites: (a) There must be a right in esse or the existence of a right to be protected; and (b) the act against which the injunction is to be directed is a violation of such right. [Cagayan de Oro City Landless Residents Assoc. v. CA, GR 106043, Mar. 4, 1996 citing Sales v. SEC, 169 SCRA 109 (1989)].
Writ of sequestration. Essentially a conservatory measure, somewhat in the nature of a judicial deposit. It is a process which may be employed as a conservatory writ whenever the right of the property is involved, to preserve, pending litigation, specific property subject to conflicting claims of ownership or liens and privileges. [Bataan Shipyard Eng’g. Co. Inc. v. PCGG, GR 75885. May 27, 1987, citing 79 CJS, 1047]. Written constitution. A constitution whose precepts are embodied in one document or set of documents. [Cruz, Constl. Law, 1998 Ed., p. 4]. Compare with Unwritten constitution. Wrongful dismissal. Being fired from a job without an adequate reason or without any reason whatsoever. Employees do not have a right to a job for life and can be dismissed for economic or performance reasons but they cannot be dismissed capriciously. Most employment implies an employment contract, which may be supplemented by labor legislation. Either could provide for certain procedures to be followed, failing which any firing is wrongful dismissal and for which the employee could
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1239 ask a court for damages against the employer. [Duhaime's Legal Dict., 2004].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1240 Onus probandi - The burden of proof
Ad hoc - For a particular purpose. (Improvised, impromptu, made up in an instant)
A fortiori - With even stronger reason; More conclusively; All the more so.
Ad initio - From the start.
A posteriori - From what comes after. (From
Ad sectam (ads) - At the suit of.
effect to cause) Ad valorem (Ad val.) - According to the A priori - From what comes before.
value.
(Reasoning from cause to effect) Ademption - Failure of a gift. Ab abusu ad usum non valet consequentia - Consequences of abuse do
Aequitas sequitur legem - Equity follows
not aply to general use.
the law.
Ab extra - From without or from outside.
Alibi - Elsewhere.
Ab initio (ab init) - From the beginning.
Alimenta - Means of support. (Food, clothing, shelter)
Ab intra - From within. Aliunde - From another source, from Ab origine - From the source, from the first.
elsewhere.
Absense haeres non erit - An absent
Altercatio - Forensic argumentation; cross-
person will not be an heir.
examination.
Accedas ad curiam - You may approach
Ambigendi locus - Room for doubt.
the court. Amicus curiae - Friend of the court. Accessorius sequitur - One who is an
(Impartial spokesperson)
accessory to the crime cannot be guilty of a more serious crime than the principal
Animus furandi - The intention to steal.
offender. Animus testandi - The intention to make a Actio ex delicto - Cause of action. (Reason
will.
for lawsuit) Au fait - Acquainted with the facts; expert; Actus reus - Guilty or Wrongful act.
proficient.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1241 Causa causata - Cause resulting from a Audi alteram partem - Hear the other side.
previous cause.
(A principle of fairness) Caveat emptor - Let the buyer beware. (He Autre vie - The life of another.
buys at his own risk)
Autrefois acquit - Already acquitted.
Caveat venditor - Let the seller beware.
Autrefois convict - Already convicted.
Certiorari - To be informed by an Appellate review court.
Bancus Communium Placitorum - Court of Common Pleas.
Ceteris paribus - Other things being equal. (All else being equal)
Bona fiscalia - Public property. Charta pardonationis se defendendo - The Bona mobilia - Moveable property.
form of a pardon for killing another man in self-defence.
Bona vacantia - Vacant goods. Goods without an apparent owner.
Charta pardonationis utlagariae - The form of a pardon of a man who is outlawed.
Boni mores - Good morals. Chartae libertatum - Charters of liberties. Cadit quaestio - The question falls. (The issue collapses)
Communi consensu - By common consent.
Capias ad audiendum - Writ ordering
Compos mentis - Of sound mind.
appearance in court.
(Sometimes used humorously)
Capias ad respondendum - Writ ordering
Consensu omnium - By the agreement of
the arrest of a person.
all.
Capias ad satisfaciendum - Writ ordering
Consensu - Unanimously or, by general
satisfaction of an order.
consent.
Casus belli - Act justifying war. (Grounds for
Consensus ad idem - Agreement as to the
a dispute)
same things.
Causa causans - Cause that causes all
Consensus omnium - Agreement of all
things; Immediate cause.
members.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1242 Contra bonos mores - Contrary to good morals.
De facto - Something that is automatically accepted.
Contra ius commune - Against common law.
De futuro - In the future; Regarding the future.
Contra ius gentium - Against the law of nations.
De integro - Repeat again from the start.
Contra legem - Against the law.
De iure - By law. According to law. From the law.
Contra mores - Contrary to morals. De jure - Rightful, by right. Coram non iudice - Before a judge without proper jurisdiction.
De lunatico inquiriendo - A writ to inquire into the insanity of a person.
Corpus delicti - The body of a crime. (The substance or fundamental facts of a crime)
De minimis non curat lex - The law does not concern itself with trifles.
Corpus juris - The body of the law. (Meaning a compendium of all laws)
De minimis - Of minimum importance; Trifling.
Cui bono? - To whom is it good? (Who benefits from this?) (A maxim sometimes
De novo - Anew, fresh, renewed, to begin
used in the detection of crime) (Cicero)
again.
Curia advisari vult - The court wishes to be
Delictum - Offense.
advised. Die ad diem - From day to day. Custos morum - Guardian of morals; A censor.
Dies juridicus - A day on which the court is in session.
Custos rotularum - Guardian of the rolls; Justice of the peace.
Dies non juridicus - A day on which the court is not in session.
De bonis asportatis - Of the goods carried away.
Doli incapax - Incapable of crime.
De die in diem - From day to day;
Dubitante - Doubting the correctness of the
continuously.
decision.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1243 Ex facie - From the face of. Duces tecum - You shall bring it with you. (Subpoena)
Ex facto jus oritur - The law arises out of the fact.
Ei incumbit probatio qui dicit non qui negat - The proof lies upon the one who
Ex facto - From the fact or act.
affirms, not the one who denies. Ex gratia - Out of kindness, voluntary. (In Eiusdem generis - Of the same kind.
law, implying absence of legal right)
Ergo post hoc - In logic, the fallacy of
Ex iniuria ius non oritur - Right can not
thinking that a happening which follows
grow out of injustice.
another must be its result. Ex lege - Arising from the law. Et alia; et alii (et al.) - And other things; and other people.
Ex mero motu - Of his own free will.
Et cetera (etcetera) (etc.) - And the rest,
Ex officio - By virtue of his office.
and so forth. Ex parte - Proceeding brought by one Et sequentia (et seq.) - And the following.
person in the absence of another.
Et uxor (et ux.) - And wife.
Ex post facto - After the fact, or retrospectively.
Ex cathedra - From the chair, with authority. (Without argumentation)
Ex relatione (ex rel.) - Upon being related; Upon information.
Ex concessis - In view of what has already been accepted.
Exceptis excipiendis - Excepting those (factors) which should be excepted.
Ex curia - From the court. Felo de se - Evildoer upon himself. (Suicide) Ex delicto - Matter arising out of the crime. Fiat justitia, ruat caelum - Let justice be Ex dolo malo non oritur actio - No right of
done, though the heavens fall.
action can have its origin in fraud. Fieri facias - Writ authorizing execution of a Ex dolo malo - From fraud; From harmful
judgment.
deceit. Fons et origo - The source and origin.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1244
Force majeure - Act of God.
In forma domestico - In a domestic court.
Forum rei - The court of the country in which
In forma pauperis - In the form of a poor
the subject of an action is situated.
person; in a humble or abject manner.
Functus officio - Having discharged his
In foro - In forum; In court.
duty and flies ceased to have any authority over a matter.
In futoro - In the future.
Habeas corpus - You must have the body.
In haec verba - In these words.
(A legal writ to end unlawful restraint by bringing a prisoner into court)
In limine - On the threshold, at the very outset.
Id est (i.e.) - That is to say. In loco (in loc.) - In the place. In absentia - In one's absence. In loco citato (in loc. cit., loc. cit.) - In the In actu - In act; In the very act; In reality.
place cited.
In banco - On the bench.
In loco parentis - In the place of a parent.
In camera - In secret or private session; Not
In omnibus - In every respect.
in public. In personam - Directed towards a particular In consimili casu - In a like case.
person.
In curia - In court.
In pleno - In full.
In delicto - At fault.
In Propria Persona - For one's self; Acting on one's own behalf.
In esse - In existence.
In re - In the matter of, refering to.
In extenso - At full length.
In rem - Against or about a thing. (Property)
In extremis - At the point of death.
In situ - In position, in its original place.
In flagrante delicto - In the very act of
In terrorem clause - In fear.
committing an offence. (Red-handed)
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1245 In terrorem - As a warning or deterrent.
Lex non scripta - The unwritten (common) law.
In totidem verbis - In so many words. Lex scripta - The written law. Iniuvra - Injury to personal dignity. Lex talionis - The law of retaliation. Inter alia - Amongst other things.
(Retributive justice, an eye for an eye)
Inter alios - Amongst other people.
Lis pendens - An action pending.
Inter se - Between or among themselves.
Locum tenens - A deputy.
Inter vivos - Between living persons.
Locus in quo - The place in which something happens.
Intra vires - Within the authority, lit., the strengths or powers.
Locus standi - Place of standing; the right to be heard in a court.
Ipse dixit - He himself said it. (Cicero) Mala fide - In bad faith. (Something which is Ipsissima verba - The very words
done fraudulently)
themselves. (Strictly word for word) Malum in se - Wrong in itself. (A crime that Ipsissimis verbis - In the exact or identical
is inherently wrong)
words. Mens rea - The wrongful intention or guilty Ipso facto - By that very fact.
mind.
Ipso iure - By operation of the law.
Motu proprio - Of one's own initiative.
Jus naturale - Natural justice.
Mutatis mutandis - With those things changed which needed to be changed. (With
Lese majeste - High treason.
the appropriate changes)
Lex fori - The law of the court in which an
Ne bis in idem - Not twice the same.
action is tried.
(Canones apostulorum; A person cannot be sentenced twice for the same crime)
Lex lata - The law as it exists. Nemo dat quod non habet - One may not Lex loci - The law of the place.
transfer what one does not have.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1246 Nisi prius - Unless first, unless previously.
Per contra - On the contrary.
Nolle prosequi - To be unwilling to
Per curiam - Through the senate; By the
prosecute.
court.
Nolo contendere - I do not wish to contend.
Per incuriam - Through want of care.
(No contest) Per minas - By means of menaces or Non compos mentis - Not in possession of
threats.
one's senses. Per quod - By reason of which. Non constat - It is not certain. Persona non grata - An unacceptable Non est factum - It is not his deed.
person.
Non sequitur (non seq.) - It does not follow.
Prima facie - On the face of it; At first sight.
(A statement that is the result of faulty logic)
(An obvious case that requires no further proof)
Nunc pro tunc - Now for then. (Has retroactive effect, effective from an earlier
Prima impressionis - On first impression.
date) Pro bono (publico) - For the (public) good. Obiter dictum (pl. dicta) - Something said
(Said of a lawyer's work that is not charged
in passing; Parenthetical remark.
for)
Onus probandi - The burden of proof.
Pro forma - For form; As a matter of form; Performed in a set manner.
Opere citato (op. cit.) - In the work (cited) just quoted.
Pro hac vice - For this occasion only.
Par delictum - Equal fault.
Pro rata - For the rate; Proportionately.
Pari passu - With equal step, moving
Pro tanto - For so much. (Partially fulfilled)
together, simultaneously. Pro tempore (pro tem.) - For the time. (For Passim (adv.) - Here and there;
the time being)
indiscriminately. Publici juris - Of public right. Pendente lite - While a suit is pending. Quaeitur - The question is raised.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1247
Quaere - Consider whether it is correct.
Res sic stantibus - Things remain the same.
Quantum meruit - As much as he/she deserved.
Res - Matter, affair, thing, circumstance.
Quantum - How much; as much as.
Sciens - Knowingly.
Qui tam - Who as well. (Whistle blower)
Scienter - Having knowledge.
Quid pro quo - Something for something. (A
Secus - The legal position is different, it is
favor for a favor)
otherwise.
Ratio decidendi - Reasoning for the
Semble - It appears, seemingly.
decision. Sine qua non - Without which it could not Re - In the matter of.
be; an indispensable action or condition.
Rebus sic stantibus - With matters standing
Stare decisis - To stand by things decided.
thus.
(Uphold previous rulings, recognize precedence)
Reductio ad absurdum - Reduction to the absurd. (Proving the truth of a proposition by
Status quo - The current state of being.
proving the falsity of all its alternatives) Stet - Let it stand. Res furtivae - Stolen goods. Sub judice (alt. iudice) - Under a judge; Res gestae - Things done.
Before a court; Under consideration.
Res ipsa loquitur - The thing speaks for
Sub modo - Within limits.
itself. Sub nomine - Under the name of. Res judicata - Judged thing. (Matter which has been decided by a court)
Sub Poena (alt. subpoena) - Under penalty of Law. (A writ issued by a court requiring
Res nullius - Nobody's thing. (Goods without
one's attendance at that court)
an owner) Sub poena duces tecum - Bring with you Res perit domino - The risk of loss is on the
under penalty. (Legal writ requiring
owner.
appearance with documents)
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1248 Ubi supra - Where (cited) above. Sub rosa - Under the rose. (Secretly or in confidence)
Ultra vires - Beyond powers; Without authority.
Sub secreto - In secret. Uno flatu - At the same moment; With one Sub silentio - In silence.
breath.
Suggestio falsi - The suggestion of
Verbatim - Word by word, exactly.
something which is untrue. Vexata quaestio - A disputed question. Sui generis - Of its own kind. (In a class of its own)
Vi et armis - By force and arms.
Sui iuris (sui juris) - Of one's own right.
Via media - A middle way or course.
Suppressio veri - The suppression of the
Vice versa - With the order or meaning
truth.
reversed.
Talis qualis - Just as such; Such as it is; As
Vis compulsiva - Compulsive force.
such. Vis maior - Irresistible force; act of God. Terminus a quo - The end from which; starting point.
Volens - Willing.
Terminus ad quem - Limit until which; finish.
Volenti non fit iniuria - A person who consents, does not suffer injustice.
Tertium quid - A third something. Volte face - A change of front; an about-turn. Tour de force - A feat of strength; a skillful accomplishment. Uberrima fides - Good faith; Most abundant faith. Uberrimae fidei - Of the utmost good faith. Ubi jus ibi remedium - Where (there is) a right, there (is) a remedy.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1249
-XX-ray technology. An auxiliary branch of radiology which deals with the technical application of xrays as aid in the diagnosis of diseases and injuries. [Sec. 3, RA 7431]. X-ray technologist. A bonafide holder of a certificate of registration for x-ray technology issued by the Board of Radiologic Technology. [Sec. 3, RA 7431].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1250
-YYalta voting formula. The voting rule in the Security Council whereby a decision on procedural matters is to be made by the affirmative vote of any nine members of the Council while a decision on non-procedural or substantive matters requires the concurrence of as many members of the body but including all the permanent members. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 28]. Yamin. Oath under the unique Islamic rule of procedure. [Tampar v. Usman, GR 82077. Aug. 16, 1991]. Yawa. Vis. Devil. [Madrona v. Rosal, GR 39120. Nov. 21, 1991]. Yellow dog contract. 1. A name given in labor law to contract of employment by which the employee agrees to forfeit his employment if he joins a union during the period of employment. [Adame v. CIR, GR L-33221 & L-33262-63. Apr. 28, 1975]. 2. A name given to a
contract of employment by which the employee agrees to forfeit their employment if he joins a union during the period of employment. This type of contract is now prohibited in most jurisdictions. [Duhaime's Legal Dict., 2004]. Youth. 1. Persons fifteen (15) to thirty (30) years old. [Sec. 3, RA 8425]. 2. Those persons whose ages range from fifteen (15) to thirty (30) years old. [Sec. 4, RA 8044]. Youthful offender. A child, minor or youth, including one who is emancipated in accordance with law who is over nine years but under eighteen years of age at the time of the commission of the offense. [Art. 189, PD 1179]. Youth organizations. Those organizations whose membership/ composition are youth. [Sec. 4, RA 8044]. Youth-serving organizations. Those registered organizations or institutions whose principal programs, projects and activities are youth-oriented and youth-related. [Sec. 4, RA 8044].
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1251 Housing Authority (NHA) of upgrading and improving blighted squatters areas within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuances. [Sec. 3, RA 7279].
-ZZakat. The term has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of RA 6848, it represents an annual tithe payable by the Bank on behalf of its shareholders and investors in compliance with Islamic Shari'a principles. [Sec. 44, RA 6848]. Zona. The dreaded military operation which was not unlike the feared practice of the kempeitai during the Japanese Occupation of rounding up the people in a locality, arresting the persons fingered by a hooded informer, and executing them outright (although the last part is not included in the modern refinement). [Alih v. Castro, GR L-69401. June 23, 1987]. Zonal Improvement Program (ZIP). The program of the National
Zone resident in secured area. Any individual who, by virtue of domicile or employment, resides on permanent basis in the secured area. The term does not include individuals who have entered into short or long-term property lease but are not engaged in registered business activity in the zone, outsiders engaged in doing business within the zone, transients and/or weekenders. [Customs Admin. Order 3-95, Dec. 6, 1995]. Zoning. The confining of certain classes of buildings and uses to certain localities, areas, districts or zones. It is the division of the municipality into districts and the regulation of buildings and structures within the districts so created in accordance with their construction, and nature and extent of their use. It is a dedication of districts delimited to particular uses designed to subserve the general welfare. [Pampanga Bus Co.
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
1252 v. Mun. of Tarlac, GR L15759. Dec. 30, 1961]. Zoning law or ordinance. 1. A local legislation approving the development/land providing for the regulations and other conditions on the uses of land including the limitation on the infrastructure that may be placed within the territorial jurisdiction of a city or municipality. [Sec. 4, RA 8435]. 2. Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant. [Sec. 4, PD 449]. http://www.geocities.com/albinos ki
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
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