You are on page 1of 1230

1

-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 non-agricultural 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
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

3
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 L-19565. 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.
[Jurists 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. 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

4
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. [Morenos Law Dict., 2000 Ed., p. 2].
Ab inconveniente. From hardship, from what is inconvenient.
[Claridades, A., Compilation of Notes, 2001-2006].
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) that the
abortion is caused by (1) the pregnant woman herself; (2) any other

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

5
person, with her consent; or (3) any of her parents, with her consent
for the purpose of concealing her dishonor. [Under Art. 258, RPC].
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].
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].
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].
About. Near in time, quantity, number, quality or degree. Substantially,
approximately, almost, or nearly. [Morenos Law Dict., 2000 Ed., p. 3].
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].
Abrasion. A scrapping or rubbing off. [Morenos Law Dict., 2000 Ed., p.
3].
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-96-1088. July 19, 1996].
Absoluta sententia expositore non indiget. Lat. When the language
of the law is clear, no explanation of it is required. [Morenos 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, 2001-2006].
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.
Absolute pardon. A pardon that reaches both the punishment
prescribed for the offense and the guilt of the offender. When the

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

7
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,
2001-2006].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

8
Abuse of confidence or obvious ungratefulness. 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.
[Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

9
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.
[Morenos 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].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

10
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

11
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, 2001-2006].
Accession. 1. Intl. Law. The process whereby a non-signatory State
later becomes a party to a treaty. [Suarez, Pol. Law Reviewer, 1st Ed.,
2002, pp. 1061-1062]. 2. Property. The right to all which ones own
property produces, and the right to that which is united to it by
accession, either naturally or artificially. [Blacks 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
latters 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
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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

12
RPC]. 2. A person who assists in the commission of a crime, either
before or after the fact. [Jurists 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 Pea 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. See Casualty insurance.
Accin de reivindicacion. See Accin reivindicatoria.
Accin in rem versum. Requisites: (a) One party 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

13
Accin interdictal. See Accion publiciana.
Accin pauliana. Also Rescissory action. [Arts. 1177 and 1381, CC].
Accin publiciana. Also Accin 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].
Accin quanti minoris or estimatoria. An action to demand a
proportionate reduction of the price, with damages. [Art. 1567, CC].
Accin reinvindicatoria. Also Accin 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 ].
Accin 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.
[Morenos 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 accommodation is known to the holder.
[Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

14
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 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

15
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. [Morenos
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].
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-and-file employees recognized to negotiate for the employees in
an organizational unit headed by an officer with sufficient authority to
bind the agency. [EO 180].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

16
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,
co-devisees, 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 per appraiser's report. [RCPI v. Natl. Wages Council,
GR 93044. Mar. 26, 1992].
Accused. The name for the defendant in a criminal case. [Jurists 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, 2001-2006].
Acknowledgment. A formal declaration before an authorized official by
the person who executed an instrument that it is his free act and deed;

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

17
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 ones own exertions. To take
on as a part of ones nature or qualifications. To attain, procure, win,
earn, secure or obtain. [Morenos 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 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 life-threatening infections. [Sec. 3, RA 8504].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

18
Acquisitive prescription. Civ. Law. The acquisition of ownership and
other real rights through the lapse of time. [Claridades, A., Compilation
of Notes, 2001-2006].
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 & L-18136.
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. [Jurists 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].
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
Blacks 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

19
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. [Morenos 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. [Morenos
Law Dict., 2000 Ed., p. 11].
Actionable wrong. A violation of law. [Vales v. Villa, 35 Phil. 788].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

20
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
Espaol 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. [Jurists 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. [Jurists
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

21
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
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

22
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

23
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 L-22984. 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 sub-committees,
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

24
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.
[Morenos 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].
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. [Morenos Law
Dict., 2000 Ed., p. 12].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

25
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. [Morenos 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

26
Adherence to the enemy. The act of a citizen of favoring the enemy
and harboring sympathies or convictions disloyal to his countrys 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
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),
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,
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

27
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 L-19313. 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. [Cario 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. [Cario 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 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. See Conjunction.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

28
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.
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)

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

29
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 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 88-7-1861-RTC. 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

30
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 quasi-judicial 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,
2001-2006].
Administrative tribunal. Hybrid adjudicating authorities which straddle
the line between government and the courts. Between routine
government policy decision-making bodies and the traditional 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

31
Administratrix. Lat. Female administrator. [Claridades, A., Compilation
of Notes, 2001-2006].
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, 2001-2006]. 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. [Jurists Legal Dict., 2004].
Compare with Confession.
Admission by conspirator. Evid. The act or declaration of a
conspirator relating to the conspiracy and during its 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

32
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].
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 L-40224. Sep. 23, 1980].
Adopt-a-School Act of 1998. RA 8525 entitled An Act establishing an
Adopt-A-School 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

33
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
621-622]. 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. [Morenos Law
Dict., 2000 Ed., p. 16].
Adoptive admission. A partys reaction to a statement or action by
another person when it is reasonable to treat the partys 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

34
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
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.
[Blacks Law Dict., Abr. 5th Ed. (1983), p. 26].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

35
Adverse party. A party to an action whose interests are opposed to or
opposite the interests of another party to an action. [Blacks 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 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, self-laudatory 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

36
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 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.
[Morenos Law Dict., 2000 Ed., p. 17].
Aequitas sequitur legem. Lat. Equity follows the law. [Morenos Law
Dict., 2000 Ed., p. 17].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

37
Aequum et bonum est lex legum. Lat. That which is equitable and
right is the law of laws. [Morenos 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, 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. [Morenos 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 long-term 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

38
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 defense. Rem. Law. 1. An allegation of new matter which,
while admitting the material allegations of the complaint, 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

39
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 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. See Secondary cataract.
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, 2001-2006].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

40
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].
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. [Morenos 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. [Morenos Law Dict., 2000
Ed., p. 19].
Agente de negocios. Sp. See Business agent.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

41
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, 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, Dec. 14, 1974].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

42
redistribution of lands, such as production or profit-sharing, 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].
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. [Jurists 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

43
excluding farm level agricultural/crop production. [Sec. 4, RA 6977, as
amended].
Agricultural activity. Also Agricultural enterprise. See Agriculture.
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
non-agricultural 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

44
Agricultural land use conversion. The process of changing the use of
agricultural land to non-agricultural uses. [Sec. 4, RA 8435].
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 location-specific, and cost-effective
agricultural technology using human, animal, mechanical, electrical and
other non-conventional 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 owner-cultivator. 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
by-products; 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

45
Agricultural purpose. A purpose related to the production, harvest,
processing, manufacture, 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
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

46
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
transforming the agriculture and fisheries sectors into
dynamic, technologically advanced and competitive yet
human development, guided by the sound practices of
and the principles of social justice. [Sec. 4, RA 8435].

process of
one that is
centered on
sustainability

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 semi-processed 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

47
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 (air-cooled 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, semi-sealed 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 for propulsion
of aircraft and includes all parts, appurtenances, and accessories
thereof other than propellers. [Sec. 3, RA 776].
Aircraft piracy. See Hijacking.
Aircraft radio station. A radio station on board any aircraft. [Sec. 3, RA
776].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

48
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 goods. [Intl. Law Dict. &
Direct., 2004].
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].
Airworthiness. The term means that an aircraft, its engines, propellers,
and other components and accessories, are of proper design and

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

49
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 Philippine Amanah Bank) enacted on Jan.
26, 1990.
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].
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. [Morenos Law Dict., 2000 Ed., p. 23].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

50
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.). [Blacks 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. [Blacks 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. [Blacks 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. [Blacks Law Dict., Abr. 5th
Ed. (1983), p. 37].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

51
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.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

52
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 L-23253. 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. [Morenos 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
mutually-planned 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].
Allotments. Authorizations issued by the Department of Budget and
Management to an agency which allow the latter to incur obligations

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

53
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.
[Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

54
intentional misconduct on the part of the insured. [Claridades, A.,
Compilation of Notes, 2001-2006].
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 L-15162. 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 co-owner, in
opposition to the common agreement, if there is any, or, in the absence
thereof, to the tacit agreement of all the co-owners, 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 that is not
treated by its owners as a separate entity. [Intl. Law Dict. & Direct.,
2004].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

55
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. [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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

56
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 Terms (Pro-Se), 2004].
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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

57
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].
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].
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].
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].
Ambulance chaser. 1. Any act of improper solicitation of cases such as
fomenting litigation or instigating unnecessary lawsuits. [Juan-Bautista,
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].
Ambulance chasing. Figuratively, the lawyers act of chasing an
ambulance carrying the victim of an accident for the purpose of talking
to the said victim or 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

58
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 volunteers or
is requested by the court to appear to give information to the judge or
the court on some doubtful questions of law. [Juan-Bautista, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

59
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 jurisdiction, the
amount of the contract or the value of the property subject of the
contract. [Morenos 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 cross-section, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

60
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. [Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

61
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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

62
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)].
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].
Ancillary services. Those services that are necessary to support the
transmission of capacity and energy from 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].
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].
Animus contrahendi. Lat. An intention to contract. [Claridades, A.,
Compilation of Notes, 2001-2006].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

63
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 Tondea 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
ones 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.
[Blacks 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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

64
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

65
L-23445. June 23, 1966, citing Madden v. Madden, 40 A.2d 611, 614,
136 N.J. Eq. 132].
Annullable contract. See Voidable contract.
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

66
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

67
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. RA 3553 entitled An Act to prohibit the
possession of deadly arrow enacted on June 21, 1963.
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 Anti-Fencing 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. [Quibal v. Sandiganbayan, GR 109991. May
22, 1995].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

68
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 Anti-Highway 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

69
Anti-Wire Tapping Act. RA 4200 entitled An Act to prohibit and
penalize wire 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
L-70660. 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. [Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

70
means of a pleading which includes the assignment of errors,
memorandum of arguments 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. [Morenos 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). [Jurists 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

71
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
debtors 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 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

72
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 equipment
determined by recognized specialists. [RCPI v. Natl. Wages Council, GR
93044. Mar. 26, 1992].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

73
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--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
Bouviers 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. [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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

74
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

75
Appropriations bill. A bill filed in Congress proposing to authorize the
release of funds from the public treasury. [Claridades, A., Compilation
of Notes, 2001-2006].
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].
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, 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].
Appurtenance. Something that, although detached, stands as part of
another thing. An attachment or appendage to something else.
[Duhaime's Legal Dict., 2004].
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].
Aquatic life. All organisms living in freshwater, brackish and marine
environment. [Sec 4, RA 9275].
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, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

76
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 water-bearing 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, 2001-2006].
Arador. Plower of land. [Morenos 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].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

77
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., Compilation of Notes, 2001-2006].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

78
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 pre-historic 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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

79
Architectural firm. A sole proprietorship, a partnership or a corporation
registered with the proper government agencies. [Sec. 3, RA 9266].
Architecture.
constructing
environment,
beauty. [Sec.

The art, science or profession of planning, designing and


buildings in their totality taking into account their
in accordance with the principles of utility, strength and
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, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

80
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.
[Blacks Law Dict., Abr. 5th Ed. (1983), p. 56].
Argumentum ab inconvenienti plurimum valet in lege. Lat. An
argument from inconvenience is forcible in law. [Morenos 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. [Morenos 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.
[Morenos 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. [Morenos 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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

81
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. [Morenos 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. 111-112].
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.
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. [Morenos 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

82
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

83
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 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. [Meez 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, 2001-2006]. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

84
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. See Formula feeding.
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 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 L-61931. Mar. 31,
1987].
Ascendant-reservista. See Reservista.
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 non-suited or
considered as in default. This contemplates a scenario wherein the

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

85
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. [Morenos Law Dict., 2000 Ed., p. 37].
Asphyxia. Suffocation. [People v. Marquez, GR L-48834. 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].
Assay. A test by means of chemical analysis to determine the purity of
fineness of metals, particularly the precious metals. [Pea, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

86
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. [Morenos 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
asset-backed 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].
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 partnerships transactions or to inspect the partnerships
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

87
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 appellants brief (which) errors shall be
separately, 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

88
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. [Blacks 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].
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. [Blacks 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

89
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 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 court-ordered 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. [Jurists 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

90
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 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. [Blacks 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

91
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].
Attorneys 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, 2001-2006].
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 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].
Attorneys or lawyers 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

92
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 L-27394. July 31,
1970, citing Black's Law Dict., 4th Ed., 165]. Compare with Charging
or special lien.
Attorneys 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 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, 2001-2006].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

93
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 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 documents 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, 2001-2006].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

94
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
employer-employee relationship with a liability on the part of the
employer to pay separation pay as mandated by law. [Poquiz, Labor
Rel. Law, 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 L-34768. 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 Websters 3rd
New Intl. Dict.].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

95
Automatically. In an automatic manner; without thought or conscious
intention. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004,
citing Websters 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. 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 special-purpose 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 & L-31847. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

96
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].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

97
years immediately preceding his death/separation/disability/retirement,
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 2710) that admitted
absolute divorce on grounds of adultery of the wife or concubinage of
the husband. [Tenchavez v. Escao, GR L-19671. 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 la loi). [Tetley, Glossary of
Conflict of Laws, (Internet)].
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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

98

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

99

-BBaby 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

100
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].
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].
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, 2001-2006].
Baggage. Such articles of apparel, ornament, etc., as are in daily use by
travelers, for convenience according to the habits or wants of the

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

101
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. Geronimo, GR
L-31642. Oct. 28, 1977, citing Bouvier's Law Dict., Vol. 1, p. 305].
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].
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 while it remains in his possession.
[Duhaime's Legal Dict., 2004].
Bailiff. An officer of the court responsible for keeping order and
maintaining appropriate courtroom decorum. [Jurists Legal Dict.,
2004].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

102
Bakia. Tag. Wooden shoes. [People v. Resayaga, GR L-49536. Mar. 30,
1988].
Baklad. Tag. See Fish corral.
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 Four-factor 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

103
operate as an independent and accountable body corporate in the
discharge of its mandated responsibilities concerning money, banking
and credit. [Sec. 1 & 2, RA 7653].
Bangungot. Tag. 1. Asphyxial cardiorespiratory failure. [People v.
Narciso, GR L-24484. 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)].
Bankers acceptance bill. Nego. Inst. A bill of exchange of which the
acceptor is a bank or banker engaged generally in the business of
granting bankers acceptance credit. This is the same as Trade

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

104
acceptance bill, the only difference is it is drawn against a bank
instead of the buyer. [Diaz, Bus. Law Rev., 1991 Ed., p. 365].
Bankers check. A chose in action, or evidence of the right of the real
owner. [Morenos 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

105
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. [Blacks Law Dict., 6th Ed., p. 148].
Bar admission. The act
courts of a particular
requirements such as
admission on grounds

by which one is licensed to practice before the


state or jurisdiction after satisfying certain
bar examinations, period of residency or
of reciprocity after a period of years as a

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

106
member of the bar of another jurisdiction. [Blacks Law Dict., 6th Ed.,
p. 149].
Barako. Tag. Tough guy. [People v. Batas, GR 84277-78. 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,
2001-2006].
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. See Katarungang Pambarangay.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

107
Barangays. Units of municipalities or municipal districts in which they
are situated. They are quasi-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].
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].
Bareboat. Mar. Law. Literally, without a crew. [Litonjua Shipping Inc.
v. NSB, GR 51910. Aug. 10, 1989].
Bareboat charter. See Demise charter.
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 demands and
counter-demands 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].
Bargaining representative. A legitimate labor organization or any
officer or agent of such organization whether or not employed by the
employer. [Art. 212, LC].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

108
Barkada. Tag. 1. Group. [People v. Resayaga, GR L-23234. Dec. 26,
1973]. 2. Comrade or co-conspirator. [People v. Plateros, GR L-37162.
May 30, 1978]. 3. Companion. [People v. Catindihan, GR L-32508 &
L-42104. Apr. 28, 1980]. 4. Gang. [People v. Cuya, Jr., 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. [Morenos
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 owners 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
owners interest.
Barrel. 42 U.S. gallons or 9702 cubic inches at temperature of 60
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 quasi-municipal corporations endowed with
such powers provided in the law for the performance of particular

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

109
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 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;

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

110
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].
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-of-living allowances. profit-sharing 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

111
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 free communication with the sea. [Sec. 3, PD 857].
Basnig. Tag. A fishing boat. [Jimenez v. Averia, GR L-22759. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

112
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 land-locked waters
and constitute more than a curvature of the coast. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 62].
Bayanihan. See Palusong.
Bayaw. Tag. 1. Brother-in-law. [People v. Manalo, GR L-42505. Dec. 26,
1984]. 2. Sometimes loosely used to refer to a (male) cousin-in-law.
[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. [Morenos 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. [Morenos 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 twenty-four hours

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

113
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].
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 Military occupation.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

114
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 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. [Morenos 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 L-28896. Feb. 17, 1988].
Bequeath. To give a gift to someone through a will. [Glossary of Legal
Terms (Pro-Se), 2004].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

115
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
charge. [Sec. 2901, RA 1937].
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 00-4-07-SC].
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 attorney-at-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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

116
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

117
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.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

118
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 (ones) wife's sister. [People v. Ventura,
GR L-32716. Dec. 1, 1977]. 2. Co-brother-in-law. [People v. Malillos, GR
L-26568. July 29, 1968]. Compare with Bayaw and Hipag.
Bilateral contract. See Synallagmatic contract.
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,
2001-2006].
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 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 other parts, the whole of the parts constitutes one
bill. [Claridades, A., Compilation of Notes, 2001-2006].
Bill of attainder. A legislative act which inflicts punishment without
trial. [People v. Ferrer, L-32613-14, Dec. 27, 1972, 48 SCRA 382, citing
Cummings v. US, 4 Wall, 277 (1867)].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

119
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 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, 2001-2006].
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

120
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.
[Blacks 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. [Morenos 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 by-products 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

121
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 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 L-23908.
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. [Morenos Law Dict., 2000 Ed., p. 52].
Blank indorsement. See Indorsement in blank.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

122
Blasting agent. Any material or mixture consisting of a fuel and oxidizer
used to set off explosives. [Sec. 3, PD 1185].
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 L-49162. July 28,
1987].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

123
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
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 foreign-made, untaxed
cigarettes. [Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

124
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 entire body with a new body. [Sec. 2, RA 6539].
Bolo. A long, heavy Philippine single-edged knife. [Morenos 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
L-5872. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

125
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 payment of an original investment plus interest at a
specified future date. [Intl. Law Dict. & Direct., 2004].
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. 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. [Morenos Law Dict., 2000 Ed., p. 54].
Bonus pater familias. Lat. Good father of the family. [Claridades, A.,
Compilation of Notes, 2001-2006].
Bonus shares. Corp. Law. Those issued gratuitously. They are
Watered shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

126
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. 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)].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

127
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 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 Blacks Law Dict.].
Boulwareism. Labor. A take-it-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].
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 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].
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].
Boundary system. 1. The prevalent, persistent and accepted mode or
contractual relationship between operators and drivers of public utilities
providing land transportation services, particularly mini-buses, jeepneys
and taxis. [Whereas clause, LOI 853]. 2. An employer-employee

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

128
relationship existing between a jeepney-owner and a driver (under
which) the driver does not receive a fixed wage but gets only the
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 L-16790. 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.
[Morenos Law Dict., 2000 Ed., p. 54].
Brand name. The proprietary name given by the manufacturer to
distinguish its product from those of competitors. [Sec. 3, RA 6675].
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 L-17603.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

129
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 Code, in relation to par. 10 of said Art. 2219. [Buag 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

130
the purpose for which the offenders have grouped together is to
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.
[Morenos 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 L-17648, Oct. 31, 1964].
Bronchogenic carcinoma. 1. Cancer of the lungs. [Jimenez v. ECC, GR
L-58176. 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. Tag. A vernacular word meaning witch. [Morenos Law Dict.,
2000 Ed., p. 56].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

131
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. v. Carague, GR 94571. Apr. 22, 1991].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

132
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. [Morenos 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 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 mans dwelling, or for offices, clubs,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

133
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-And-Transfer 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-and-transfer. 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

134
Build-transfer-and-operate. 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 (self-induced 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 76262-63. Mar. 16,
1989].
Bumping-off. Refusal to carry or transport a passenger. [Lufthansa
German Airlines v. CA GR 83612. Nov. 24, 1994].
Bumubuwis. Tag. Lessee. [Morenos Law Dict., 2000 Ed., p. 58].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

135
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 more with any number of wheels and axles, which is
generally accepted and specially designed for mass or public
transportation. [RA 9224].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

136
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 service-oriented 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. [Morenos 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. [Magno-Adamos v. Bagasao, GR L-63671. June 28, 1988,
citing Panganiban Diksyunaryo Tesauro Pilipino-Ingles, p. 207].
Buy and purchase. Any contract to buy, purchase, or otherwise acquire
for a valuable consideration a subdivision lot, including the building and

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

137
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,
2001-2006]. 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. Torres, GR 92391. July 3, 1992].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

138

-CC & F. See Cost and freight.


CA. Court of Appeals.
Cabalieriza. A stable; a horse shed. [Morenos 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 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. [Morenos 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].
Cadastral survey. A numerical survey to which the entire area of the
municipality is subjected and which results in the preparation of

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

139
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). [Morenos Law Dict., 2000 Ed., p.
62].
Cadet room. A plain room in a ship to accommodate a cadet or trainee
working for a merchant marine license, furnished with simple facilities.
[Morenos 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 deceaseds 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 L-19347. Feb. 27,
1968].
Camison de bao. Sp. A chemise. [Morenos Law Dict., 2000 Ed., p.
62].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

140
Campaign. A connected series of operations to bring about some
desired result. [Gonzales v. Comelec, GR L-27833. 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

141
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].
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. [Morenos Law Dict., 2000 Ed.,
p. 62].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

142
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 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].
Capital expenditures. See Capital outlays.
Capital gains. Increases in the value of capital or other 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

143
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.
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 offense. An offense which, under the law 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

144
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

145
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
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

146
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 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. [Morenos
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

147
protection or enforcement of rights, or the prevention, redress or
punishment of wrongs. [Morenos 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 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. [Blacks 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. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 113]. Compare with Stock dividend.
Cashiers 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

148
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. [Morenos 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, 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

149
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,
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
L-40037. 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 above-mentioned
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

150
Causa liberalitatis. Lat. Liberal, generous, or gratuitous cause or
consideration. [Morenos 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
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].
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).
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
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)].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

151
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)].
Cave. Any naturally occurring void, cavity, recess or system of
interconnected passages beneath the 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

152
Cease and desist order. An order of an administrative agency or court
prohibiting a person or business from continuing a particular course of
conduct. [Jurists 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
Reviewer, 1996 Ed., p. 144, citing Salonga and Yap, 451-452].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

153
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.
[Morenos 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 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.
[Morenos 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

154
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 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
holders 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

155
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
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. [Morenos Law Dict., 2000 Ed., p. 68].
Certification proceeding. Labor. A mere investigation of a
non-adversary, fact-finding 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

156
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, 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

157
tribunal, board or officer has acted without or in excess of jurisdiction
or 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

158
Chain saw. Any portable power saw or similar cutting implement,
rendered operative by an electric or internal combustion engine 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. [Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

159
of former alienage, all in good faith and without prejudicing 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 L-51337. 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 daffaires. 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 matter what their

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

160
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 Attorneys
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 control, by vesting upon the latter the right to
appoint the captain, officers and members of the crew, of the vessel

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

161
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. [Morenos 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, 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

162
(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, re-labeling 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

163
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

164
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 or lascivious conduct. [Sec. 5, RA 7610].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

165
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 television. Programs and other materials broadcast on
television that are specifically designed for viewing by children. [Sec. 3,
RA 8370].
Children's Television Act of 1997. RA 8370 enacted on Oct. 28, 1997.
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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

166
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. [Morenos Law Dict., 2000 Ed., p. 74].
Chronic. Long-term or long-standing. A long and gradual development
of the ailment. [Sarmiento v. ECC, GR L-68648. Sep. 24, 1986].
Chronic hemoptysis. Pulmonary tuberculosis accompanied by blood
vomiting. [Morenos 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 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, 2001-2006].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

167
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
L-23050. 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. [Morenos 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.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

168
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

169
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].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

170
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

171
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

172
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. Non-government organizations (NGOs) and people's
organizations (POs). [Sec 4, RA 9275].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

173
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. See Preclusion of claims.
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

174
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].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

175
[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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

176
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. [Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

177
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
L-20752. 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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

178
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].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

179
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 single-family 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].
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 brownish-black 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

180
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 soft-bottom 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. [Morenos 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 L-61461 & 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 the 20th Century
Dict.].
COD. See Cash on delivery.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

181
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.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

182
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].
Cogitationis poenam nemo meretur. Lat. No man deserves
punishment for his thoughts. [Salonga v. Pao, 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.
[Blacks Law Dict., Abr. 5th Ed. (1983), p. 135; 43 Phil. 444].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

183
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. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 135;
43 Phil. 444].
COGSA. See Carriage of Goods by Sea Act.
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
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

184
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. [Morenos 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 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. See Conclusiveness of Judgment.
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. See Extrinsic fraud.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

185
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. [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.
[Morenos Law Dict., 2000 Ed., p. 80].
Collection or collecting. The act of gathering or harvesting wildlife, its
by-products or derivatives. [Sec. 5, RA 9147].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

186
Collective bargaining agreement (CBA). Labor. 1. The negotiated
contract between a legitimate labor organization and the employer
concerning wages, 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 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 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 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
L-77395. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

187
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.
[Morenos 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 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
over-all 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. [Morenos
Law Dict., 2000 Ed., p. 81].
Combatants. Those who engage directly or indirectly in the hostilities.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 135].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

188
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 37.8c
(100f). [Sec. 3, PD 1185].
Comelec. See Commission on Elections.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

189
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.
[Morenos 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

190
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 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, 2001-2006].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

191
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 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. [Dasmarias
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

192
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 Blacks 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.
[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.].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

193
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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

194
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 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
RTJ-92-876. 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. [Jurists 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

195
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].
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. [Morenos 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:

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

196
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

197
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 entitys reputation in
the business community brought about by the investment and efforts of
its stockholders and officers. [Morenos 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

198
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 conditions. [Morenos Law Dict., 2000 Ed., p. 85].
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].
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, are
creditors and debtors of each other. [Art. 1278, CC].
Compensation. Civ. Law. It takes place when two persons, in their own
right, are creditors and debtors of each other. [Art. 1278, CC].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

199
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 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 L-61250. 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. [Jurists Legal Dict., 2004].
Competent evidence. Evidence not excluded by law in a particular
case. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 6].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

200
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 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 L-45911. 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, post-qualification, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

201
Complete. Having all needed parts, elements or details. Thoroughly
wrought out or finished. [Morenos Law Dict., 2000 Ed., p. 86].
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
L-31012. 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 degeneration, absolute glaucoma, retinal

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

202
detachment and old injuries. [Jarillo v. ECC, GR L-52058. Feb. 25,
1982].
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].
Composicion con el estado. Sp. Title or adjustment title. [Dir. of
Forestry v. Muoz, 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 ones
mental faculties. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 150].
Compound crime. Also Delito compuesto. A single act which
constitutes two or more grave or less grave felonies. [Gregorio, Fund.
of Crim. Law Rev., 1997 9th Ed., p. 235]. Compare with Complex
crime proper.
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].
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. [Morenos Law Dict., 2000 Ed., p. 86].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

203
Comprehensive Agrarian Reform Law (CARL). RA 6657 entitled An
Act instituting a Comprehensive Agrarian Reform Program to 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. [Morenos 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 party. [Luzon Devt. Bank v. Assoc. of Luzon Devt. Bank

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

204
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

205
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.
[Morenos 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, electro-mechanical, 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

206
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, 2001-2006].
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].
Concession especial. Sp. Special grant. [Dir. of Forestry v. Muoz, GR
L-25459. 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

207
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, 2001-2006]. 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, 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. [Morenos Law Dict., 2000 Ed., p. 89].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

208
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. [Jurists 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, 2001-2006].
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.
Concurso ideal. See Ideal plurality.
Concurso real. See Real plurality.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

209
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 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

210
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. [Jurists Legal Dict.,
2004].
Conditional sales. An agreement relating to the sale of goods or things
the acquisition of which depends upon an uncertain event. [Morenos
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 (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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

211
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 non-stock,
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].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

212
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. [Morenos 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. [Morenos 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. [Morenos Law Dict., 2000
Ed., p. 90].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

213
[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. [Morenos 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 of judgment. Judgment where the 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. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 436].
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

214
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 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 relation. The relation which exists, under Art. 1339 of the
Civil Code, between guardian and ward, insurer and insured, and agent
and principal. [Morenos Law Dict., 2000 Ed., p. 91].
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

215
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. 377-383]. 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 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 50-60% 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

216
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. [Morenos 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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

217
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 owners 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. [Morenos Law Dict., 2000 Ed., p. 93].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

218
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 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 L-76185. 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.
[Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

219
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 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. [Morenos 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

220
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 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. [Morenos 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 co-principals. [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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

221
Constancia autentica. Sp. Authentic
Compilation of Notes, 2001-2006].

notice.

[Claridades,

A.,

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]. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

222
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 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 L-19650. 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

223
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,
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. 515-516 (4th Ed.)]. Compare with
Actual or real delivery.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

224
Constructive possession. Holding a valid title to property. The
subjection of the thing to ones control. [Morenos Law Dict., 2000 Ed.,
p. 97]. Compare with Actual possession.
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 L-27294. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

225
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 country responsible for developing and
protecting the economic interests of his government and looking after
the welfare of his governments citizens who may be traveling or
residing within his jurisdiction. [Blacks 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.
[Blacks 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
L-9102. 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

226
academically qualified and with exceptional or recognized expertise or
specialization in any branch 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 under-take 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 L-39841. 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

227
imposed. This term includes credit transactions pursuant 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. [Morenos 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 Connecting factors.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

228
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. July 29,
1994, citing Black's Law Dict., 4th Ed., 390].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

229
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 or proceedings. See Adversarial action or
proceedings.
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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

230
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. [Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

231
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 Accession continua.
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

232
guaranty, until the expiration or termination thereof. [Dio 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.].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

233
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 there-in.
[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 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, 2001-2006].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

234
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

235
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
term contractor includes subcontractor and specialty contractor. [Sec.
9, RA 4566].
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
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. [Morenos Law Dict., 2000 Ed., p. 104].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

236
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.
[Morenos Law Dict., 2000 Ed., p. 104].
Contrato nulo. In Spanish law, a voidable contract. [Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

237
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 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. [Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

238
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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

239
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 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 bond-holder, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

240
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, to transfer property or title to property from one
person to another. It may, however, 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 L-27084. 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

241
and is not possible without prior knowledge of the criminal purpose.
[Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

242
operated on the principle of one member, one vote. A juridical person
may be a member of a cooperative, with the same rights and duties as
a natural person. [Sec. 3, RA 6657].
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. [Morenos 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 co-ownership, 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 co-owners, the property or 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. [Morenos Law Dict., 2000 Ed., p. 107].
Copyright. 1. The exclusive right: (a) to print, reprint, publish, copy,
distribute, multiply, sell, and make photographs, photo-engravings, and
pictorial illustrations of the works; (b) to make any translation or other
version or extracts or arrangements or adaptations thereof; to

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

243
dramatize it if it be a non-dramatic work; to convert it into a
non-dramatic 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. [Morenos 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

244
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 L-42885. 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. Itogon-Suyoc 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

245
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. See Primary franchise.
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 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 L-45911.
Apr. 11, 1979].
Corporate residence. The place stated in the law creating the
corporation or in its Articles of Incorporation. [Morenos Law Dict., 2000
Ed., p. 108].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

246
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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

247
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,
stockholders or as members. [Sec. 5, Corp. Code].

whether

as

Corpus delicti. 1. The body (material substance) upon which a crime


has been committed, e.g., the corpse of a murdered man or the
charred remains of a house burned down. [Jurists 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. [Jurists 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. See Exemplary damages.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

248
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, 2001-2006]. 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 to alkaline battery fluid packed with empty
storage battery, alkyl chloroformate, alkytrichlorosilane, ammonium
dinitro-orthocresolate and other similar materials and substances. [Sec.
5, RA 6235].
Corrosive liquid. Any liquid which causes fire when in contact with
organic matter or with certain chemicals. [Sec. 3, PD 1185].
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 thereof for clean-sing, beautifying, promoting attractiveness,
or altering the appearance, and (b) article intended for use as a

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

249
component of any such article except that such term shall not include
soap. [Art. 4, RA 7394].
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].
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

250
may be awarded to the successful party (and may be recoverable from
the losing party) as reimbursement for court costs. [Jurists 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 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
Court-appointed attorney.
Counsel fee. A fee obligated to be paid by a client in favor of his lawyer.
[Morenos Law Dict., 2000 Ed., p. 109].
Counsel guarantee. The assurance of the assistance of counsel.
[Morenos Law Dict., 2000 Ed., p. 109].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

251
Countercharge. A charge in answer to another charge or against the
accuser. [Morenos 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 view to deceive or defraud, by passing the copy or thing forged
for that which is original or genuine. [Blacks 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

252
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

253
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].
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. [Jurists 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

254
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., 657-658]. 2. A court in
which the proceedings are recorded, transcribed, and maintained as
permanent records. [Jurists 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 violation of such agreement. [Sec.
3, RA 9285].
Courts of equity. See Equity, courts of.
Court stenographer. A person who transcribes by shorthand or
stenographically takes down testimony during court proceedings, a
deposition, or other trial-related proceeding. [Jurists 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, quasi-banks,
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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

255
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, 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 in-vestments
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 L-27352, 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

256
therefore, can discern if such witness is telling the truth or not [People
v. Amoncio, GR L-49069, 22 June 1983, 122 SCRA 686]; and (c) a
witness who testifies in a categorical, straightforward, spontaneous and
frank manner and remains consistent on cross-examination 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.
[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
L-19419. 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 L-16106. Dec. 30, 1961, citing In
Re Ford, 14 F. 2nd 848, 849]. 3. That which is due to a person, as

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

257
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. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 210]. Compare with
Debit.
Creditable service. That which is sufficiently good to bring esteem,
deserving of praise. [Ramos v. Diaz, GR L-24521. 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 asset-backed 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. [Jurists 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 non-payment 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)

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

258
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 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. [Morenos
Law Dict., 2000 Ed., p. 112].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

259
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 Whartons 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 involving destruction. See Destruction.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

260
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 L-40527.
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)].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

261
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 accelerated erosion and destructive floods. It is
closed from logging until it is fully rehabilitated. [Sec. 3, PD 705].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

262
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].
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 cross-claimant 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
claims against another co-defendant for contribution for any damages
assessed against him. [Glossary of Legal Terms (Pro-Se), 2004].
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.)].
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.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

263
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.
[Blacks 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 Service Commission.
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].
Cuando el marido translade su residencia. Sp. When the husband
shall transfer his residence." A phrase referring to another positive act

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

264
of relocating the family to another home or place of actual residence.
[Romualdez-Marcos, GR 119976. Sep. 18, 1995].
Cuasi-delitos. See Quasi-delict.
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. [Morenos 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
opponents weakness. [Morenos 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 L-33138-39. 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, 1975]. See also Quasi-delict.
Culpa contractual. The source of liability of those who in the
performance of their obligations are guilty of fraud, negligence, or

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

265
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.
[Morenos Law Dict., 2000 Ed., p. 115].
Culpa in vigilando. Lat. Own negligence in the supervision over ones
employees. [Morenos 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. [Cuao 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
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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

266
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 76854-60. 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, 2001-2006].
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. [Jurists 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].
Cunnilingus. Legal Med. Sexual gratification attained by licking the
female genitalia. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare
with Fellatio.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

267
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. [Morenos
Law Dict., 2000 Ed., p. 116].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

268
The yard, garden or field which is near to and used in connection with
the dwelling. [Morenos Law Dict., 2000 Ed., p. 116].
Custodia legis. In the custody of the law. [Claridades, A., Compilation
of Notes, 2001-2006]. Also In custodia legis.
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].
Custody. 1. It has been held to mean nothing less than actual
imprisonment. It is 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].
Custom. A rule of conduct formed by repetition of acts, uniformly
observed (practiced) as a social rule, legally binding and obligatory.
[Yao Kee v. Sy-Gonzales, 167 SCRA 736 (1988)].
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].
Customs. A duty imposed on imports or exports. [Garcia v. Exec. Sec.,
GR 101273. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

269
Cutting cycle. The number of years between major harvests in the
same working unit and/or region, within a rotation. [Sec. 3, PD 705].

-DDacion en pago. Also Adjudication or Dation in payment. The


transmission of the ownership of a thing by the debtor to the creditor
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. [Morenos Law Dict., 2000 Ed., p. 118].
Daily wage. A labor contract whereby a worker is paid daily for his labor
alone. [Morenos 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].
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

270
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

271
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.
Dao 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 memory pack or diskette. [Sec. 2, RA
8436].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

272
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

273
opposition of persons or of factions (as in government 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. [Morenos Law Dict., 2000 Ed., p. 120].
Deal. To do a distributing or retailing business or to have intercourse on
business relations. [Asbestos Integrated Manufacturing, Inc. v. Peralta,
GR L-45515. Oct. 29, 1987, citing Webster's New Collegiate Dict.].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

274
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. [Morenos 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.
[Morenos Law Dict., 2000 Ed., p. 122].
Death caused in a tumultuous affray. Crim. 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

275
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. [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. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 210].
Compare with Credit.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

276
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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

277
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 self-immolation, 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. [Morenos 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

278
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.
467-468]. Compare with Self-serving 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 the
pre-sent spouse wishes to remarry; 3. That the present spouse has a
well-founded 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

279
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., Compilation of Notes,
2001-2006].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

280
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. [Morenos Law Dict., 2000 Ed., p. 124].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

281
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. [Morenos 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. [Morenos 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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

282
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.
[Morenos 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 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. [Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

283
injure a person's reputation. [Jurists Legal Dict., 2004]. See Libel and
Slander.
Default. 1. Civ. Law. The non-performance 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
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 L-58997, 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

284
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 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 plaintiffs cause of actio or defeat recovery.
Evidence offered by accused to defeat criminal charge. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 218].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

285
Defense of property. Affirmative defense in criminal law or tort law
where force was used to protect one's property. [Jurists 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. [Masipequia v. CA, GR L-51206. Aug. 25, 1989].
Defensive wound. Hand wound produced by defensive grappling to
avoid more serious wounds, such as one who would normally use his
hands in parrying off the thrust or stabbing blow of an assailant.
[Morenos 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

286
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, Bus. Law Rev., 1991 Ed., p. 41].
Deflation of currency. See Extraordinary inflation.
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. [Morenos 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, PD 932] Compare with Non-degree
programs.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

287
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

288
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. [Blacks 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].
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
L-26058. 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

289
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 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.
[Jurists Legal Dict., 2004].
Delinquency charge. See Default charge.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

290
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
L-2700. Jan. 13, 1950].
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. [Morenos 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

291
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.
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. [Blacks 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.
[Morenos 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
L-16106. 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

292
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 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. [Blacks 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

293
Demise. A conveyance of an estate to another for life, for years, or at
will. A lease or conveyance for a term of years. [Blacks 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 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. [Blacks 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 L-24761. Sep.
7, 1965, Bengzon, Concurring Op.].
Demolish. To raze, level, ruin, wreck, destroy, wipe out. [Morenos 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

294
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 agreed-upon 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 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. [Jurists 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

295
De novo hearing. See Hearing de novo.
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

296
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].
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
self-support 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

297
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 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

298
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. [Dasmarias 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. [Jurists 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 borrower's own account, for the purpose of relending or
purchasing of receivables and other obligations, or financing their own

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

299
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. [Morenos 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 currencys 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

300
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

301
Desecrate. To violate the sacredness of or to profane. [Morenos Law
Dict., 2000 Ed., p. 131].
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. See Uninhabited place.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

302
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, ship-yard, 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)].
Detentacion. Sp. Forcible entry. [Sering v. Plazo, GR L-49731. Sep. 29,
1988].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

303
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].
Detention home. A twenty-four 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].
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].
Determinate thing. A thing which is particularly designated or
physically segregated from all other of the same class. [Art. 1460, CC].
Determination. The decision of a court of justice. [Morenos Law Dict.,
2000 Ed., p. 132].
Determine. To come to an end. To bring to an end. [Morenos Law
Dict., 2000 Ed., p. 132].
Devaluation. 1. Any decrease or lowering of the monetary value of the
peso vis--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. 80-81].
Devastavit. Lat. He has wasted. A personal representative who has
mismanaged the estate and allowed an avoidable loss to occur. This
action opens the personal representative to personal liability for the
loss. [Duhaime's Legal Dict., 2004].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

304
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-and-transfer. 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 access de-vice or a counterfeit access device. [Sec. 3,
RA 8484].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

305
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 various diseases. [Sec. 1, RA 2674].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

306
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].
Diplomatic immunity. The immunity enjoyed by a diplomatic agent
from the criminal jurisdiction of the receiving State. Also, the immunity

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

307
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

308
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 Espaol-Filipino 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 presumption. [Claridades, A., Compilation of
Notes, 2001-2006]. 2. Proof of facts by witnesses who saw acts done or
heard words spoken. [Jurists Legal Dict., 2004]. Compare with
Circumstantial evidence.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

309
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. [Jurists 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 competitive products. Domestically-produced substitutable
products. [Sec. 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 man-made devices such as flat-plate or
focusing solar 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

310
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 L-31092. 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. [Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

311
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

312
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
at-tempted 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. [Jurists 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 Websters 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

313
Discovery modes. The name given pretrial devices for obtaining facts
and information about the case. [Jurists Legal Dict., 2004].
Discreta. See Accession discreta.
Discretio est scire per legem quid sit justum. Lat. Discretion
consists in knowing through the law what is just. [Morenos 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. 2-56, 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. See Deformity.
Disgraceful and immoral conduct. See Immoral conduct.
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. [Morenos Law Dict., 2000 Ed., p. 135].
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

314
[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. [Morenos 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, goodness and
uprightness. [Morenos 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 L-57848. June 19,
1982, citing Reyes and Puno, An Outline of Phil. Civil Law, 1956 ed.,
Vol. III, p. 8].
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. [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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

315
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 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

316
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. [Morenos 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. [Morenos 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
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

317
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. [Navoa-Ramos 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.
Dissolution. The termination, process of dissolving or winding up
something. [Jurists 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

318
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, 2001-2006].
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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

319
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 end-user. [Sec. 4, RA 9136].
Distribution utility. Any electric cooperative, private corporation,
government-owned 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

320
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 L-21601. 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. [Morenos Law Dict., 2000 Ed., p. 138].
Divine law. (a) Divine positive law, i.e., Ten 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

321
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
finger-printing). 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 matters. [Jurists 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

322
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 Presidents veto
power. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 133].
Doctrine of judicial stability. See Doctrine of non-interference.
Doctrine of last clear chance. See Last clear chance doctrine.
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

323
Doctrine of non-interference. 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.
[Morenos 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. [Morenos 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

324
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 L-23614. 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

325
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

326
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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

327
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. See Househelper.
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 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

328
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].
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 L-16922. Apr. 30, 1963]. See Nationality theory.
Domicilium necesarium. Lat. Domicile by operation
[Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995].

of

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

law.

329
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 ones own choosing.
[Romualdez-Marcos 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 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.
Dominant estate. The immovable in favor of which the easement is
established. [Art. 613, CC]. See Servient estate.
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 est jus utendi et abutendi, re quatenus juris ratio
potitur. Lat. Ownership is the right to use and abuse ones property

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

330
insofar as the law and reason permit. [Morenos Law Dict., 2000 Ed., p.
143].
Dominium plenum. Lat. Full ownership. [Alejandro v. Geraldez, GR
L-33849. Aug. 18, 1977].
Dominium utile. Lat. Beneficial ownership. [Gold Creek Mining Corp. v.
Rodriguez, 66 Phil. 259].
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].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

331
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 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 L-33849. Aug. 18, 1977].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

332
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 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. [Romualdez-Marcos, 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 the legal mechanism of a trust. [Duhaime's Legal Dict.,
2004].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

333
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

334
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].
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, re-exporting, shipping, trans-porting, 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 drawers own use and account a sum
of money due him from the drawee. A sight draft is one for the

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

335
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 security for past and future advances as
well as present indebtedness. [Blacks 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,
2001-2006].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

336
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, 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.
[Morenos 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

337
training, guidance and human formation, while in-plant 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 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 occupation-related 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].
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.
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 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].
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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

338
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].
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. Visayan Electric Co., GR L-22611. 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 L-54597. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

339
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 opportunity to be
heard; and (d) judgment must rendered upon lawful hearing. [El Banco
Espaol-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. See Stomach ulcer.
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

340
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].
Dura lex sed lex. Lat. The law is hard but such is the law. [Claridades,
A., Compilation of Notes, 2001-2006].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

341
of his personal 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 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

342
live therein and use it principally for dwelling purposes. [Sec. 2, RA
6359; Sec. 2, RA 6126].
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)].
Dyspareunia. Legal Med. Painful sexual intercourse in women. [Olarte,
Legal Med., 1st Ed. (2004), p. 115].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

343

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

344

-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 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].
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].
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
non-binding assessment by an experienced, neutral person, with
expertise in the subject in the substance of the dispute. [Sec. 3, RA
9285].
Earned surplus. See Retained earnings.
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, there-fore, be deducted
from the total price. Also, earnest money is given by the buyer to the

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

345
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 neighbor to open a window through which the light may enter
one's house. [Cortes v. Yu-Tibo, GR 911. Mar. 12, 1903].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

346
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 L-27084, 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 agreed upon between the owners of the
dominant and servient estates. [Art. 631, CC].
ECC.
See
Employees'
Compensation
Environmental Compliance Certificate.

Commission

or

ECCD. See Early childhood care and development (ECCD) system.


ECCD curriculum. The age-appropriate and developmentally
appropriate educational objectives, pro-gram 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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

347
Ecclesiastical law. See Canon law.
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 eco-profile. 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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

348
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

349
Ecosystem. The ecological community considered together with
non-living factors and its environment as a unit. [Claridades, A.,
Compilation of Notes, 2001-2006].
Ecstasy. See Methylenedioxy-methamphetamine.
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
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

350
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. [Taada v.
Tuvera, GR L-63915. Dec. 29, 1986].
Efficient concurring cause. A cause which was operative at the
moment of the injury and acted contemporaneously with another to
produce the injury, and which was an efficient cause in the sense that
except for it, the injury would not have occurred. [Morenos 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
[Expressly repealed by the Labor Code].

No. 444,

as amended.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

351
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

352
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. Seria, 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 barangay
officials, it is restricted to proceedings after the proclamation of the
winners as no pre-proclamation 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

353
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 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 non-commercial
transactions and documents, penalties for unlawful use thereof and for
other purposes enacted on June 14, 2000.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

354
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
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 pre-school 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. [Jurists 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

355
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 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

356
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].
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. [Jurists
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

357
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 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,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

358
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].
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 L-23326. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

359
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, (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 non-profit 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
self-employment. [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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

360
Emptio or emtio. Lat. Purchase or the contract in which something is
bought. [Duhaime's Legal Dict., 2004].
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].
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, 2001-2006].
Encargado. See Coordinator.
Encephalitis. The inflammation of the brain and its coverings (the
meninges) which produce disturbances of sensorium, seizures,
drowsiness, delirium, and, rarely, coma. [Rase v. NLRC, GR 110637.
Oct. 7, 1994].
En concepto de dueo. Sp. Under claim of title; adverse, as in
possession. [Cuaycong v. Benedicto, 37 Phil. 781].
En cuadrilla. See Band.
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.,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

361
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. 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. [Blacks 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

362
Energy plantation. A scheme whereby fast-growing crops or trees such
as ipil-ipil are deliberately and systematically planted in order to
continuously provide fuel to a power generating station located at the
site. [Sec. 2, PD 1068].
Energy projects. Activities or projects relative to the exploration,
extraction,
production,
importation-exportation,
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. [Morenos 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. [Morenos
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, 2001-2006]. 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. [Jurists Legal Dict.,
2004].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

363
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 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.,

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

364
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].
Entrepreneurship training. The training schemes to develop persons
for self-employment 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 Terms (Pro-Se), 2004].
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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

365
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 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 or Ambassador.
Envoys extraordinary. See Ministers plenipotentiary.
Epilepsy. A symptom of some underlying brain damage or disorder.
[People v. Antonio, GR 107950. June 17, 1994].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

366
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
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, 2001-2006].
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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

367
the accused. [People v. Benemerito, GR 120389. Nov. 21, 1996, citing
Phil. Law Dict. (1991-1992 supplement), 30].
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,
705-706].
Equitable assignment. An instrument, bill or note made payable to
order and transferred without indorsement. [Morenos Law Dict., 2000
Ed., p. 156].
Equitable estoppel. See Estoppel in pais.
Equitable interest. An interest not duly recognized by law, but in
equity alone; it is a right or interest in property which is imperfect 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].
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 ownership. That of one who has the beneficial ownership.
[Morenos Law Dict., 2000 Ed., p. 158]. Also Equitable title.
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.

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

368
Equitable title. That of one who has the beneficial ownership.
[Morenos 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.
[Jurists 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. 188-189].
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 L-30056. Aug. 30, 1988].
Equity of jurisdiction, exercise of. A situation where the court is
called upon to decide a particular 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

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

369
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. 2-91, 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

370
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 L-26417. 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].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

371
Escape of prisoner under the custody of a person not a public
officer. Crim. 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 decedents 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

372
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. See Information value.
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, [Morenos Law Dict.,
2000 Ed., p. 161].

Alvin Claridades Legal and Jurisprudential Lexicon for Law


Students

373
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