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Alvin Claridades' Legal and Jurisprudential Lexicon 3rd Edition (August 2013)

Alvin Claridades' Legal and Jurisprudential Lexicon 3rd Edition (August 2013)

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Published by Alvin Claridades
Alvin Claridades' Legal and Jurisprudential Lexicon 3rd Edition (August 2013)
Alvin Claridades' Legal and Jurisprudential Lexicon 3rd Edition (August 2013)

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Published by: Alvin Claridades on Aug 11, 2013
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1
 Alvin T. Claridades’ Legal & Jurisprudential Lexicon
 
- A -
A.
Abbrev. of the Roman word, absolvo,which means to absolve or to acquitfrom criminal liability.
A contrario.
Lat. On the contrary. [Peoplev. Flores, 237 SCRA 662].
A contrario sensu.
Lat. 1. From tDhecontrary sense. 2. On the other hand.
A converso.
Lat. Conversely.
A fortiori.
Lat. More effective; with greater reason.
A gratis argumentis.
Lat. For the sake of argument.
A mensa et thoro.
Lat. From bed andboard.
A quo.
Lat. From which. A court a quo is acourt from which a cause has been re-moved.
A sensu contrario.
Lat. In a contrarysense. See also
A contrario sensu
.
A vinculo matrimonii.
Lat. Of marriage.1. The term is now used to refer to a fi-nal and permanent divorce. 2. The Civ.Code of the Phils., now in force, doesnot admit absolute divorce, quo ad vin-culo matrimonii; and in fact it does noteven use that term, to further emphasizeits restrictive policy on the matter, incontrast to the preceding legislation [Act2710] that admitted absolute divorce ongrounds of adultery of the wife or con-cubinage of the husband. [Tenchavez v.Escaño, GR L-19671. Nov. 29, 1965].
Ab.
Lat. Away from.
Ab inconvenienti.
Lat. From an inconven-ient thing.
Ab initio.
Lat. 1. From the start [or begin-
ning]. A term that means “from the b
e-
ginning,” “at first.” or “f 
rom the incep-
tion.” [Camid v. O
ffice of the Pres., 448SCRA 711 (2005)]. For example, a mar-riage that is void ab initio is void fromthe beginning.
Ab intestato.
Lat. By intestacy. The termrefers to laws governing the successionof property after its previous owner dieswithout a valid will.
Ab posse ad actu non vale illatio.
Lat."A proof that an act could have beendone is no proof that it was actuallydone." [Roman Cath. Bishop of Malolosv. IAC, GR 72110. Nov. 16, 1990].
Abandon.
To forsake entirely; to forsakeor renounce utterly. [Dela Cruz v. DelaCruz, GR L-19565, Jan. 30, 1968].
Abandoned.
1. Having been deserted or cast off. 2. Remaining empty or unused;having been left for good.
Abandoned child
. 1. A child who has noproper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at least 3 continuousmonths, which includes a founding.[Sec. 2, RA 9523]. 2. A child who has noproper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least 6 continuousmonths and has been judicially declaredas such. [Sec. 3, RA 8552; Art. 141, PD603]. Compare with
Dependent child
 and
Neglected child
.
Abandoned Children.
Health Ins. Chil-dren who have no known family willingand capable to take care of them and
 
 
2
 Alvin T. Claridades’ Legal & Jurisprudential Lexicon
 
are under the care of the DSWD, or-phanages, churches and other institu-tions. [Sec. 3, RA 10606].
Abandoned or Idle land.
1. Any agricul-tural land not cultivated, tilled or devel-oped to produce any crop nor devotedto any specific economic purpose con-tinuously for a period of 3 years imme-diately prior to the receipt of notice of acquisition by the govt. as provided un-der the Comprehensive Agrarian Re-form Law of 1988 [RA 6657], but doesnot include land that has become per-manently or regularly devoted to non-agricultural purposes. [Sec. 3, RA 6657].2. Lands devoted to any crop at leastone year prior to the notice of expropria-tion, but which were not utilized by theowner for his benefit for the past 5 yearsprior to such notice of expropriation.[Sec. 166, RA 3844].
Abandonee.
 A party to whom a right or property is abandoned or relinquishedby another.
Abandoning a minor.
Crim. Law. Thefelony committed by anyone who shallabandon a child under 7 years of age,the custody of which is incumbent uponhim. [Art. 276, RPC].
Abandonment
. Labor. An employer de-fense against the change of illegal or constructive dismissal. To exist, howev-er, it is essential that (a) the employeemust have failed to report for work or must have been absent without justifia-ble reason; (b) there must have been aclear intention to sever the employer-employee relationship manifested bysome over acts. [Philamgen v. Gramaje,442 SCRA 274].
Abandonment.
Labor.
 
Elements:
 
(a) Thefailure to report for work or absencewithout valid or justifiable reason, and(b) a clear intention to sever the em-ployer-employee relationship, with the2nd element as the more determinativefactor and being manifested by someovert acts. [De Ysasi III v. NLRC, 231SCRA 173 (1994)].
 Abandonment.
Mar. Ins. The act of theinsured by which, after a constructive to-tal loss, he declares the relinquishmentto the insurer of his interest in the thinginsured. [Sec. 138, IC].
Abandonment of domicile and acquisi-tion of a new one called domicile of choice.
Requisites: (a) Residence or bodily presence in the new locality, (b)intention to remain there or animusmanendi, and (c) an intention to aban-don the old domicile or animus non re-vertendi. [Romualdez v. RTC TaclobanCity, 226 SCRA 408, 415].
Abandonment of land dedicated to pub-lic use.
Elements:
 
(a) Intention to relin-quish the right or property, but withoutintending to transfer title to any particu-lar person; and (b) the external actwhich such intention is carried into ef-fect. [Defensor-Santiago v. Ramos, PET001. Feb. 13, 1996].
Abandonment of minor by person en-trusted with his custody; indifferenceof parents.
Crim. Law. The felonycommitted by anyone who, havingcharge of the rearing or education of aminor, shall deliver said minor to a pub-lic institution or other persons, withoutthe consent of the one who entrustedsuch child to his care or in the absenceof the latter, without the consent of theproper authorities, or by the parents who
 
 
3
 Alvin T. Claridades’ Legal & Jurisprudential Lexicon
 
shall neglect their children by not givingthem the education which their station inlife require and financial conditions per-mit. [Art. 277, RPC].
Abandonment of office or position.
1.Crim. Law. The felony committed by anypublic officer who, before the ac-ceptance of his resignation, shall aban-don his office to the detriment of thepublic service. [Art. 238, RPC]. 2. Ad-min. Law. The voluntary relinquishmentof an office by the holder, with the inten-tion of terminating his possession andcontrol thereof. [Sang. Bayan of San Andres, Catanduanes v. CA, GR118883. Jan. 16, 1998]. 3. A species of resignation; while resignation in generalis a formal relinquishment, abandon-ment is a voluntary relinquishmentthrough nonuser. [Ibid.].
Abandonment of person in danger andabandonment of one's own victim.
Crim. Law. The felony committed by anyone who shall fail to render assistanceto any person whom he shall find in anuninhabited place wounded or in danger of dying, when he can render such as-sistance without detriment to himself,unless such omission shall constitute amore serious offense; or by anyone whoshall fail to help or render assistance toanother whom he has accidentallywounded or injured; or by anyone who,having found an abandoned child under 7 years of age, shall fail to deliver saidchild 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 therights which a person may have in athing, with the intent to lose such thing.By virtue of the abandonment, the thingis left without owner or possessor. To beeffective, it is necessary that it be madeby a possessor in the concept of owner.[Tolentino, Civ. Code of the Phils., Vol.II, Repr. 2001, p. 304].
Abandonment of the wife.
To constituteabandonment of the wife by the hus-band, as the term is used in Art. 178 of the Civ. Code, there must be absolutecessation of marital relations and dutiesand rights, with the intention of perpetu-al separation. The abandonment mustnot only be physical estrangement butalso amount to financial and moral de-sertion. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968].
Abandonment of work.
Labor. Essentialrequirements: (a) Failure to report for work or absence without valid or justifia-ble reason; and (b) clear intention tosever the employer-employee relation-ship x x x manifested by some overtacts. [Henlin Panay Co. v. NLRC, GR180718, Oct. 23, 2009].
Abandonment of work.
Labor. The delib-erate, unjustified refusal of the employ-ee to resume his employment. The bur-den of proof is on the employer to showa clear and deliberate intent on the partof the employee to discontinue employ-ment without any intention of returning.Mere absence is not sufficient. [FRF En-terprise v. NLRC, GR 105998. Apr. 21,1995].
Abate.
To do away with a problem, suchas a public or private nuisance or somestructure built contrary to public policy.
Abatement.
1. A reduction in someamount that is owed, usu. granted bythe person to whom the debt is owed. 2.