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Abandon. 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].
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].
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.
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].
person, with her consent; or (3) any of her parents, with her consent
for the purpose of concealing her dishonor. [Under Art. 258, RPC].
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].
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.
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].
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.
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
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].
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].
65]. 2. The taking and receiving of anything in good faith with the
intention of retaining it. [Glossary of Legal Terms (Pro-Se), 2004].
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].
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].
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].
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].
Accin pauliana. Also Rescissory action. [Arts. 1177 and 1381, CC].
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].
Accused. The name for the defendant in a criminal case. [Jurists Legal
Dict., 2004].
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].
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 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].
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 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.
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
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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 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].
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
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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 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.
Actus ipsa loquitur. Lat. Let the act speak for itself. [Morenos Law
Dict., 2000 Ed., p. 12].
Actus me invito factus non est meus actus. Lat. An act done by me
against my will is not my act. [People v. Salvatierra, GR 111124. June
20, 1996].
Actus non facit reum, nisi mens sit rea. Lat. An act is not criminal
unless the mind is criminal. [People v. Quijada, GR 115008-09. July 24,
1996].
Acute conjunctivitis. Sore eyes. [Morenos Law Dict., 2000 Ed., p. 12].
Ad hoc. Lat. For this purpose; for a specific purpose. [Duhaime's Legal
Dict., 2004].
Ad litem. Lat. For the suit. A person appointed only for the purposes of
prosecuting or defending an action on behalf of another such as a child
or mentally-challenged person. Also called a Guardian ad litem.
[Duhaime's Legal Dict., 2004].
Administer. Any act of introducing any dangerous drug into the body of
any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for
purposes of medication. [Sec. 3, RA 9165].
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].
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].
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 sequitur legem. Lat. Equity follows the law. [Morenos Law
Dict., 2000 Ed., p. 17].
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].
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].
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].
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].
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].
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].
Age of gestation. The length of time the fetus is inside the mother's
womb. [Sec. 3, RA 7600].
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 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].
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)].
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].
Airspace. The space above a state and coming under its jurisdiction.
[Intl. Law Dict. & Direct., 2004].
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].
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].
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].
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 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
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].
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.].
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].
Allocation. The act of assigning a position to its proper class and salary
grade. [Sec. 3, PD 985].
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].
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.].
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].
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)].
one may be inconsistent with a right of relief against the other. [Sec.
13, Rule 3, RoC].
Alterum non laedere. Lat. Not to injure others. [In re: Jurado, AM
93-2-037 SC. Apr. 6, 1995].
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].
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 hominis est anima scripti. Lat. The intention of the party is
the soul of the instrument. [Kilosbayan v. Guingona, GR 113375. May
5, 1994].
L-23445. June 23, 1966, citing Madden v. Madden, 40 A.2d 611, 614,
136 N.J. Eq. 132].
Ante litem motam. Lat. Before the controversy. [Sec. 39, Rule 130,
RoC].
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].
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, 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].
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].
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].
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].
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].
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].
Area. The size of the land or building in square meters. [Memo. from the
Exec. Sec. dated Aug. 20, 1998].
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].
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.
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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].
Arrears. A debt that is not paid on the due date which adds up and
accumulates as arrears. [Duhaime's Legal Dict., 2004].
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].
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].
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].
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].
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].
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].
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].
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].
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.
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].
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].
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].
-B-
Baby rocket. A firecracker with a stick so constructed that lighting of
the wick will propel the whole thing to lift a few meters before
exploding. The firecracker is about 1 1/2 inches in length by 3/8 inch in
diameter while the stick is about a foot in length. [Sec. 2, RA 7183].
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].
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 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].
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].
Banco. Sp. Bench. The local term for (a) particular long chair. [People v.
Pastoral, GR 51686. Sep. 10, 1993].
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].
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 by which one is licensed to practice before the
courts of a particular state or jurisdiction after satisfying certain
requirements such as bar examinations, period of residency or
admission on grounds of reciprocity after a period of years as a
member of the bar of another jurisdiction. [Blacks Law Dict., 6th Ed.,
p. 149].
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].
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.
Baseline. The line from which territorial seas and other maritime zones
are measured. [Intl. Law Dict. & Direct., 2004].
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;
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 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].
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].
Bearer check. A check payable to cask. [Morenos Law Dict., 2000 Ed.,
p. 48].
after its complete delivery from the maternal womb. [Arts. 40 and 41,
CC].
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].
Bench. The seat occupied by the judge. More broadly, the court itself.
[Glossary of Legal Terms (Pro-Se), 2004].
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].
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].
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].
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 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].
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].
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].
Body. 1. Rem. Law. The part of a pleading that sets forth its designation,
the allegations of the party's claims or defenses, the relief prayed for,
and the date of the pleading. [Sec. 2, Rule 7, RoC]. 2. Stat. Con. It
contains the subject matter of the statute. [Suarez, Stat. Con., (1993),
p. 46].
Bona fide. Lat. In good faith or with good faith; without fraud or deceit;
genuine. [Tetley, Glossary of Conflict of Laws, 2004].
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].
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 pater familias. Lat. Good father of the family. [Claridades, A.,
Compilation of Notes, 2001-2006].
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].
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].
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 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].
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].
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
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].
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,
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 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].
Burglary. The act of illegal entry with the intent to steal. [Glossary of
Legal Terms (Pro-Se), 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.
Buy and sell. The transaction whereby one purchases used secondhand
articles for the purpose of resale to third persons. [IRR, Sec. 6, PD
1612].
Buyer in good faith and for value. See Purchaser in good faith
and for value.
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].
-C-
C & F. See Cost and freight.
Camino vecinal. Sp. A municipal road (and) also property for public
use. [Sps. Pilapil v. CA, GR 97619. Nov. 26, 1992.]
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].
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
Capacity to act. The power to do acts with legal effect. [Art. 37, CC].
Compare with Juridical capacity.
Capataz. Sp. Supervisor of the hacienda. [Morenos Law Dict., 2000 Ed.,
p. 62].
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].
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].
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
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].
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
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
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].
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].
Central Bank Act, The New. RA 7653 enacted on June 14, 1993.
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].
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].
official rank or designation may be. [Suarez, Pol. Law Reviewer, 1st
Ed., 2002, p. 1044].
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.
(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].
Chia. Chi. Grateful. [Jew Chong v. Rep., GR L-14343. May 23, 1961].
Child and Youth Welfare Code, The. PD 603 entitled The Child and
youth Welfare Code signed into law on Dec. 10, 1974.
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].
Children. 1. Those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under RA 7610. As
used in RA 9262, it includes the biological children of the victim and
other children under her care. [Sec. 3, RA 9262]. 2. All persons below
eighteen (18) years old. [Sec. 3, RA 8370]. 3. Persons below eighteen
(18) years of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability
or condition. [Sec. 3, RA 7610].
Children 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].
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].
Christian name. A given name. [Morenos Law Dict., 2000 Ed., p. 74].
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
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 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
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 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 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 war. A war between opposing groups within the same state. [Intl.
Law Dict. & Direct., 2004].
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 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.
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].
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].
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.
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].
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.
Coaccion. Sp. Unlawful coercion. [US v. Mena, GR 4812. Oct. 30, 1908].
Coastal area or zone. A band of dry land and adjacent ocean space
(water and submerged land) in which terrestrial processes and uses
directly affect oceanic processes and uses, and vice versa; its
geographic extent may include areas within a landmark limit of one (1)
kilometer from the shoreline at high tide to include mangrove swamps,
brackish water ponds, nipa swamps, estuarine rivers, sandy beaches
and other areas within a seaward limit of 200 meters isobath to include
coral reefs, algal flats, sea grass beds and other soft-bottom areas.
[Sec. 4, RA 8550].
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].
Cohabitation. The term implies living together and having repeated sex.
[Bitangcor v. Tan, Adm. Case 528-SBC. Feb. 25, 1982].
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].
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].
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].
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].
Collide. To come into violent contact; strike violently against each other.
[Morenos Law Dict., 2000 Ed., p. 81].
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].
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].
requisite docket and other fees. [Davao Light & Power Co., Inc. v. CA,
GR 93262. Nov. 29, 1991].
Commercial blood bank. A blood bank that exists for profit. [Sec. 3
(c), RA 7719].
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].
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].
Complainant. The party who complains or sues; one who applies to the
court for legal redress. [Glossary of Legal Terms (Pro-Se), 2004].
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].
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].
Con animo de lucro. Sp. With intent to gain. [US v. Alabot, GR 13052.
Oct. 4, 1918].
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].
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].
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].
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].
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].
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].
Constitutional law. The fundamental law of the land which defines the
powers of the government. [Suarez, Stat. Con., (1993), p. 38].
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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].
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.].
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.
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].
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.
his duties and to substitute the judgment of the former for the latter.
[Garcia v. COA, GR 75025. Sep. 14, 1993].
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].
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].
Core list. A list of drugs that meets the health care needs of the majority
of the population. [Sec. 3, RA 6675].
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 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].
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].
Corrosive liquid. Any liquid which causes fire when in contact with
organic matter or with certain chemicals. [Sec. 3, PD 1185].
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].
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
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 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].
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].
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,
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].
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].
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
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include crimes against humanity and crimes against peace. [Intl. Law
Dict. & Direct., 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 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.
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.)].
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
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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].
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].
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].
delay, and those who in any manner contravene the tenor thereof.
[Claridades, A., Compilation of Notes, 2001-2006].
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].
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].
The yard, garden or field which is near to and used in connection with
the dwelling. [Morenos Law Dict., 2000 Ed., p. 116].
-D-
Dacion 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)].
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].
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].
Dao emergente. Sp. The value of the loss suffered. [Art. 2000, CC].
See also Lucro cesante.
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].
Day certain. The day which must necessarily come, although it may not
be known when. [Art. 1193, CC].
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].
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].
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.
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].
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].
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
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].
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].
injure a person's reputation. [Jurists Legal Dict., 2004]. See Libel and
Slander.
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].
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].
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].
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].
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].
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].
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].
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.
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.
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].
Demolish. To raze, level, ruin, wreck, destroy, wipe out. [Morenos Law
Dict., 2000 Ed., p. 128].
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].
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 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].
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].
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].
Detain. Hold or keep in custody. [Paat v. CA, 266 SCRA 185 (1997)].
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].
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].
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.
Dicat testator et erit lex. Lat. What the testator says will be the law.
[Acain v. IAC, GR L-72706. Oct. 27, 1987].
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].
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 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 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
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 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].
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].
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)].
Discount. The sale of a receivable at less than its face value. [Great
Asian Sales Center v. CA, GR 105774, Apr. 25, 2002].
Discovery modes. The name given pretrial devices for obtaining facts
and information about the case. [Jurists Legal Dict., 2004].
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].
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].
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].
Dismiss. To throw a case out of court. [Torres, Oblig. & Cont., 2000 Ed.,
p. 349].
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].
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].
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].
In law, it is said that a person may have many residences but only one
domicile. [Duhaime's Legal Dict., 2004]. See Residence.
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].
insofar as the law and reason permit. [Morenos Law Dict., 2000 Ed., p.
143].
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, 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].
Dormant partner. A partner who does not take active part in the
business of the partnership and at the same time not known as a
partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189].
Double costs. Costs (other than treble costs) which may be imposed on
the plaintiff or appellant, where an action or an appeal is found to be
frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3,
Rule 143, RoC].
Double jeopardy. Putting a person on trial more than once for the
same crime. [Glossary of Legal Terms (Pro-Se), 2004].
Double renvoi. Intl. Law. The referral by the forum court to the conflict
rules, including the renvoi rules) of a foreign state. Thus the forum
court applies the law specified by the foreign conflicts rules, including
the foreign renvoi rules, in an effort to render the decision, which the
foreign court would render if it were seized of the case. [Tetley,
Glossary of Conflict of Laws, 2004].
Double sale. The sale of the same thing to different vendees, where the
ownership shall be transferred to the person who may have first taken
possession thereof in good faith, if it should be movable property.
Should it be immovable property, the ownership shall belong to the
person acquiring it who in good faith first recorded it in the Registry of
Property. Should there be no inscription, the ownership shall pertain to
the person who in good faith was first in the possession; and, in the
absence thereof, to the person who presents the oldest title, provided
there is good faith. [Art. 1544, CC].
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].
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].
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
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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].
Drug product. The finished product form that contains the active
ingredients, generally but not necessarily in association with inactive
ingredients. [Sec. 3, RA 6675].
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].
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 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.
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].
Dura lex sed lex. Lat. The law is hard but such is the law. [Claridades,
A., Compilation of Notes, 2001-2006].
Dust. A finely powdered substance which, when mixed with air in the
proper proportion and ignited will cause an explosion. [Sec. 3, PD
1185].
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
-E-
Earliest 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].
seller to bind the bargain. [Adelfa Properties v. CA, GR 111238. Jan. 25,
1995].
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].
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].
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].
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].
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].
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].
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].
Emptio spei. Lat. Sale of mere hope or expectancy. [Art. 1461, CC].
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].
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].
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.
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].
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].
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].
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
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 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 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].
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.
Error placitandi aequitatem non tollit. Lat. A clerical error does not
take away equity. [Ingson v. Olaybar, 52 Phil. 395, Dec. 4, 1928].
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].
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].
Estate planning. the area of law that deals with planning for the
inevitability of death, such as obtaining life insurance to pay for the
costs of a funeral, preparing a simple Will, and other preparations.
More comprehensive planning, such as preparing a more complex Will,
Trust, and related estate planning documents may also be needed. It
depends on the size of the estate and how comprehensive the needs
are. [LawInfo Legal Dictionary (2005)].
Estimated tax. The amount which the individual declared as income tax
in his final adjusted and annual income tax return for the preceding
taxable year minus the sum of the credits allowed under this Title
against the said tax. If, during the current taxable year, the taxpayer
reasonably expects to pay a bigger income tax, he shall file an
amended declaration during any interval of installment payment dates.
[Sec. 74, NIRC, as amended].
where without its aid injustice might result. [PNB v. CA, L-30831, Nov.
21, 1979, 94 SCRA 368].
Every. Each one of a group, without exception. It means all possible and
all, taken one by one. [National Housing Corp. v. Juco, 134 SCRA 173].
Eviction. 1. The act which deprives a person of the use and enjoyment
of property. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. 2. The judicial
process which takes place whenever by a final judgment based on a
right prior to the sale or an act imputable to the vendor, the vendee is
deprived of the whole or of a part of the thing purchased. [Diaz, Bus.
Law Rev., 1991 Ed., p. 133, citing Art. 1548, CC].
the crime, to allow the accused to reflect upon the consequences of the
act. [People v. Silvestre, 244 SCRA 479, 494-495, May 29, 1995].
the lawyer representing the party which called them to the stand. After
their examination-in-chief, the other party's lawyer can question them
too; this is called cross-examination. [Duhaime's Legal Dict., 2004].
Examination of debtor. Rem. Law. Under Sec. 38, Rule 39 of the Rules
of Court, the examination of a judgment debtor when the execution is
returned unsatisfied (which) is a proceeding supplementary to
execution and is entirely statutory. They are supplementary
proceedings, in part a summary method of purging the debtors
conscience and compelling the disclosure of any property he may have
which is not exempt from execution. [Morenos Law Dict., 2000 Ed., p.
164].
Excess of jurisdiction. Rem. Law. The court has jurisdiction but fails to
comply with the conditions prescribed for its exercise. [Bench Book for
Trial Court Judges, p. 2-86, citing Leung Ben v. OBrien, 38 Phil. 182
(1918)].
Exclusively. 1. Apart from all others; only; solely; substantially all or for
the greater part. To the exclusion of all others; without admission of
others to participation; in a manner of exclude. [Tolentino v. Sec. of
Finance, GR 115455. Aug. 25, 1994]. 2. In an exclusive manner, to the
exclusion of all others; only; as, it is his, exclusively. [Webster's New
Intl. Dict. (3rd Ed., 1986)].
Excusable neglect. Failure to take the proper steps at the proper time,
not in consequence of a partys own carelessness, inattention, or willful
disregard of the unavoidable hindrance on the care and vigilance of his
counsel or on promises made by the adverse party. [Albano, Rem. Law
Reviewer, 1st Ed., p. 340, citing Blacks Law Dict., 5th Ed., p. 508].
Ex die. Lat. A term with a suspensive effect, from a certain day. [PCIB v.
Excolin, GR L-27860 & L-27896. Mar. 29, 1974]. Compare with In
diem.
Executed. Civ. Law. It means that all the terms of the contract have
been fulfilled. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare with
Executory.
Executive power. Pol. Law. The power to enforce and administer the
laws. It is the power of carrying the laws into practical operation and
enforcing their due observance. [Ople v. Torres, GR 127685. July 23,
1998, citing Cruz, Phil. Pol. Law, p. 173 (1996) and Taada and
Carreon, Pol. Law of the Phils., vol. 1, p. 275 (1961)].
Ex filio. Sp. Of the son. [Barretto v. Tuason, GR 23923. Mar. 23, 1926].
estoppel; (c) when the act complained of is patently illegal; (d) when
there is urgent need for judicial intervention; (e) when the claim
involved is small; (f) when irreparable damage will be suffered; (g)
when there is no other plain, speedy and adequate remedy; (h) when
strong public interest is involved; (i) when the subject of the
controversy is private land; and (j) in quo warranto proceedings.
Ex mero motu. Lat. Of his own mere motion; of his own accord;
voluntarily and without prompting or request. [Blacks Law Dict., Abr.
5th Ed. (1983), p. 296].
Ex nihilo, nihilo fit. Lat. From nothing, nothing comes. [Morenos Law
Dict., 2000 Ed., p. 163].
Ex pacto illicito non oritur actio. Lat. No action arises out of an illicit
bargain. [Lita Enterprises, Inc. v. IAC, GR L-64693. Apr. 27, 1984].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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Ex parte. Lat. For one party only. 1. An application to the court made by
one litigant without notice to the other. [Torres, Oblig. & Cont., 2000
Ed., p. 350]. 2. When a defendant is declared in default (for failure to
file answers), or considered as in default (for failure to appear at the
pre-trial), the Court may now authorize the Clerk of Court to receive
evidence ex-parte. [Sec. F, 1, of the Manual for Clerks of Court (pp.
75-76), as amended]. 3. On behalf of only one party, without notice to
any other party. For example, a request for a search warrant is an ex
parte proceeding, since the person subject to the search is not notified
of the proceeding and is not present at the hearing. [Glossary of Legal
Terms (Pro-Se), 2004].
Expiry or expiration date. The date stated on the label of food, drug,
cosmetic, device or hazardous substance after which they are not
expected to retain their claimed safety, efficacy and quality or potency
and after which it is no longer permissible to sell them. [Art. 4, RA
7394].
Export sales. It means: (a) The sale and actual shipment of goods from
the Philippines to a foreign country, irrespective of any shipping
arrangement that may be agreed upon which may influence or
determine the transfer of ownership of the goods so exported and paid
for in acceptable foreign currency or its equivalent in goods or services,
and accounted for in accordance with the rules and regulations of the
Bangko Sentral ng Pilipinas (BSP); (b) Sale of raw materials or
packaging materials to a nonresident buyer for delivery to a resident
local export-oriented enterprise to be used in manufacturing,
processing, packing or repacking in the Philippines of the said buyer's
goods and paid for in acceptable foreign currency and accounted for in
accordance with the rules and regulations of the Bangko Sentral ng
Pilipinas (BSP); (c) Sale of raw materials or packaging materials to
export-oriented enterprise whose export sales exceed seventy percent
(70%) of total annual production; (d) Sale of gold to the Bangko
Sentral ng Pilipinas (BSP); and (e) Those considered export sales under
EO 226, otherwise known as the Omnibus Investment Code of 1987,
and other special laws. [Sec. 105, NIRC, as amended].
Ex post facto. Const. Law. Lat. After the fact. A law which: (a) makes
criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act; (b) aggravates a crime,
or makes it greater than it was, when committed; (c) changes the
punishment and inflicts a greater punishment than the law annexed to
the crime when committed; (d) alters the legal rules of evidence, and
authorizes conviction upon less or different testimony than the law
required at the time of the commission of the offense; (e) assuming to
regulate civil rights and remedies only, in effect imposes penalty or
deprivation of a right for something which when done was lawful; and
(f) deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as the protection of a former
conviction or acquittal, or a proclamation of amnesty. [In re: Kay
Villegas Kami, L-32485, Oct. 22, 1970].
Ex post facto law. Const. Law. A law passed after the occurrence of a
fact or commission of an act, which retrospectively changes the legal
consequences or relations of such fact or deed. It is a law which
provides for the infliction of punishment upon a person for an act done
which, when it was committed, was innocent; a law which aggravates a
crime or makes it greater than when it was committed; a law that
changes the punishment or inflicts a greater punishment than the law
annexed to the crime when it was committed; a law that changes the
rules of evidence and receives less or different testimony than was
required at the time of the commission of the offense in order to
convict the offender; a law which, assuming to regulate civil rights and
remedies only, in effect imposes a penalty or the deprivation of a right
which, when done, was lawful; a law which deprives persons accused
of crime of some lawful protection to which they have become entitled,
such as the protection of a former conviction or acquittal, or of the
proclamation of amnesty; every law which, in relation to the offense or
its consequences, alters the situation of a person to his disadvantage.
[People v. Sandiganbayan, GR 101724. July 3, 1992, citing Black's Law
Dict., 5th Ed., p. 520].
Ex post facto law. Const. Law. Requisites: The law must: (a) refer to
criminal matters; (b) be retroactive in its application; and (c) to the
prejudice of the accused. [Cruz, Const. Law, 1989 Ed., p. 244].
Expressed breast milk. The human milk which has been extracted
from the breast by hand or by breast pump. It can be fed to an infant
using a dropper, a nasogatric tube, a cup and spoon, or a bottle. [Sec.
3, RA 7600].
Express trusts. 1. Trusts that are created by the intention of the trustor
or of the parties. [Art. 1441, CC]. 2. Those trusts which are created by
the direct and positive acts of the parties, by some writing or deed, or
will, or by words evincing an intention to create a trust. [O'laco v. Co
Cho Chit, GR 58010. Mar. 31, 1993]. Compare with Implied trusts.
Expropriation. From Lat. ex: from; and proprius: one's own. 1. A taking
of privately owned property by a government. [Intl. Law Dict. & Direct.,
External sources of funds. Those that are obtained from such sources
as foreign and domestic borrowings, contributions from the National
Government in the form of subsidy or capital subscription payments,
funds generated through sale of stocks to the public, and donations
from private individuals or institutions [Sec. 3, EO 518].
Extradition treaties. Intl. Law. Treaties entered into for the purpose of
suppressing crime by facilitating the arrest and custodial transfer of a
fugitive from one state to the other. [Sandoval, Pol. Law Reviewer
2003, citing Bassiouni, Intl. Extradition, 1987 ed., p. 68].
circulation in such places and for such time as the court may order, in
which case a copy of the summons and order of the court should be
sent by registered mail to the last known address of the defendant, and
(c) service of summons may be effected in any other manner which the
court may deem sufficient. [De Midgely v. Ferandos, GR L-34314. May
13, 1975].
Ex turpi causa non oritur action. Lat. From a base cause no action
arises. The legal principle thus expressed is that, on grounds of public
policy, no court will lend its aid to a party who founds his cause of
action on an illegal or an immoral act. [Tetley, Glossary of Conflict of
Laws, 2004]
-F-
Fabricated evidence. Evidence manufactured or arranged after the
fact, and either wholly false or else warped and discolored by artifice
and contrivance with a deceitful intent. [Herrera, Rem. Law, 1999 Ed.,
p. 68, citing 530 Blacks Dict., 5th Ed.].
Facilities. The items of expense necessary for the laborer's and his
family's existence and subsistence, so that by express provision of law,
they form part of the wage and when furnished by the employer are
deductible therefrom, since if they are not furnished, the laborer would
spend and pay for them just the same. [Atok-Big Wedge Assn. v.
Atok-Big Wedge Co., L-7349. July 19, 1955; 51 OG 3432].
Facio ut facias. Lat. I make (or do) that you make (or do). [Torres,
Oblig. & Cont., 2000 Ed., p. 169].
Fact. Any event or act or condition of things, assumed (for the moment)
as happening or existing. [Francisco, Evidence, Vol. VII, Part 1, 1997
Ed., p. 3].
remedy for the enforcement of the one or the redress of the other.
[Sec. 9, PD 1487].
Failure to state a cause of action. Civ. Pro. The situation where the
complaint (which) does not allege a sufficient cause of action is raised
in a motion to dismiss under Rule 16 (of the) Rules of Court, before a
responsive pleading is filed and can be determined only from the
allegations in the initiatory pleading and not from evidentiary or other
matters aliunde. [Domondon v. Lopez, AM RTJ-02-1696, June 20,
2002]. Compare with Lack of cause of action.
Fair day's wage for a fair day's labor. The rule governing the relation
between labor and capital or management and employee providing that
if there is no work performed by the employee there can be no wage or
pay, unless the laborer was able, willing and ready to work but was
illegally locked out, dismissed or suspended. [J.P. Heilbronn Co. v.
National Labor Union, 92 Phil. 577 (1953)].
False keys. The term shall be deemed to include: (a) The tools
mentioned in the Art. 304 of the Rev. Penal Code; (b) genuine keys
stolen from the owner; (c) any keys other than those intended by the
owner for use in the lock forcibly opened by the offender. [Art. 305,
RPC].
False return. Taxation. 1. The term merely implies deviation from the
truth, whether intentional or not. [Aznar v. CA, GR L-20569. Aug. 23,
1974]. 2. It may not always be an attempt to evade a tax. [Comm. of
Int. Rev. v. Javier, GR 78953. July 31, 1991]. Compare with
Fraudulent return.
have participated in any act or proceeding when they did not in fact so
participate; 3. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them; 4.
Making untruthful statements in a narration of facts; 5. Altering true
dates; 6. Making any alteration or intercalation in a genuine document
which changes its meaning; 7. Issuing in an authenticated form a
document purporting to be a copy of an original document when no
such original exists, or including in such a copy a statement contrary to,
or different from, that of the genuine original; or 8. Intercalating any
instrument or note relative to the issuance thereof in a protocol,
registry, or official book. [Art. 171, RPC].
Family relations. They include those: (a) between husband and wife;
(b) between parents and children; (c) among brothers and sisters,
whether of the full or half-blood. [Art. 150, FC].
Fathom. A nautical measure of six (6) feet in length [Black's Law Dict.,
5th Ed., 547].
Felonies. Also Delitos. Acts and omissions punishable by law. They are
committed not only be means of deceit (dolo) but also by means of
fault (culpa). [Art. 3, RPC].
under the Rev. Penal Code; and (c) the act is performed or the
omission incurred by means of deceit or fault. [People v. Gonzales, GR
80762. Mar. 19, 1990].
Fencing. The act of any person who, with intent to gain for himself or
for another shall buy, receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any manner deal in any article,
item, object or anything of value which he knows, or should be known
to him, to have been deprived from the proceeds of the crime of
robbery or theft. [Sec. 2, PD 1612].
Fiat justitia ruat coelum. Lat. Let right be done though the heavens
should fall. [Intl. Banking Corp. v. Yared, 59 Phil. 72, Dec. 11, 1933].
Fictitious sale. A sale which does not produce legal effects or any
change in the juridical situation of the parties. [Claridades, A.,
Compilation of Notes, 2001-2006].
Fidelity bond. A kind of surety bond under which the liability of the
surety is conditioned upon dishonesty, infidelity, theft or any act of the
principal obligor amounting to estafa. [Claridades, A., Compilation of
Notes, 2001-2006].
Fieri facias writ. A writ commanding a sheriff to take and sell enough
property from the person who lost the lawsuit, to pay the debt owed by
the judgment. [Duhaime's Legal Dict., 2004].
Filing. Rem. Law. The act of presenting the pleading or other paper to
the clerk of court. [Sec. 2, Rule 13, RoC].
Filing fee. Rem. Law. The fee required for filing various documents.
[Glossary of Legal Terms (Pro-Se), 2004].
Final order or judgment. Rem. Law. One which either terminates the
action itself or operates to vest some right in such manner as to put it
out of the power of the court making the order to place the parties in
their original condition. More specifically, it is that which disposes of the
whole subject matter or terminates the particular proceedings or action,
leaving nothing to be done but to enforce by execution what has been
determined. [Ceniza v. CA, GR 95296. Feb. 3, 1993].
83113. May 19, 1992, citing Rev. Reg. 19-86, Promulgated by the DOF
on 1 Jan. 1987].
Financier. Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under RA 9165. [Sec
3, RA 9165].
Fine mesh net. Net with mesh size of less than three centimeters (3
cm.) measured between two (2) opposite knots of a full mesh when
stretched or as otherwise determined by the appropriate government
agency. [Sec. 4, RA 8550].
Fire. The active principle of burning, characterized by the heat and light
of combustion. [Sec. 3, PD 1185].
Fire Code of the Philippines. PD 1185 signed into law on Aug. 26,
1977.
Fire door. A fire resistive door prescribed for openings in fire separation
walls or partitions. [Sec. 3, PD 1185].
Fire protective and fire safety device. Any device intended for the
protection of buildings or persons to include but not limited to built-in
protection system such as sprinklers and other automatic extinguishing
system, detectors for heat, smoke and combustion products and other
warning system components, personal protective equipment such as
fire blankets, helmets, fire suits, gloves and other garments that may
be put on or worn by persons to protect themselves during fire. [Sec. 3,
PD 1185].
Fire trap. A building unsafe in case of fire because it will burn easily or
because it lacks adequate exits or fire escapes. [Sec. 3, PD 1185].
Fire wall. A fireblock with extends vertically from the lowest portion of
the wall which adjoins the 2 living units up to a minimum height of 0.30
meter above the highest portion of the roof attached to it; the fire wall
shall also extend horizontally up to a minimum distance of 0.30 meter
beyond the outermost edge of the abutting living units. [Sec. 3, BP
220].
Firm offer. An offer which the offeror promises to keep open for a fixed
period of time. [Intl. Law Dict. & Direct., 2004].
First class ricelands. Those which yield more than forty cavans per
hectare, the same to be computed upon the normal average harvest of
the three preceding years. [Sec. 14, RA 2263].
First reading of a bill. The reading of the number, title, and author
followed by the referral to the appropriate committees. [Tolentino v.
Sec. of Finance, GR 115455. Aug. 25, 1994].
First refusal, right of. 1. The right to have the first opportunity to
purchase real estate when such becomes available, or the right to meet
any other offer. [Blacks Law Dict., Abr. 5th Ed. (1983), 395]. 2. A right
given to a person to be the first person allowed to purchase a certain
object if it is ever offered for sale. The owner of this right is the first to
be offered the designated object if it is ever to be offered for sale.
[Duhaime's Legal Dict., 2004].
Fish. All fishes and other aquatic animals such as crustaceans (crabs,
prawns, shrimps and lobsters), mollusks (clams, mussels, scallops,
oysters, snails and other shellfish). [Sec. 3, PD 43].
Fish and fishery or aquatic products. This includes not only finfish
but also mollusks, crustaceans, echinoderms, marine mammals, and all
other species of aquatic flora and fauna and all other products of
aquatic living resources in any form. [Sec. 4, RA 8550].
Fishery management areas. A bay, gulf, lake or any other fishery area
which may be delineated for fishery resource management purposes.
[Sec. 4, RA 8550].
Fishery operator. One who owns and provides the means including
land, labor, capital, fishing gears and vessels, but does not personally
engage in fishery. [Sec. 4, RA 8550].
Fishery species. All aquatic flora and fauna including, but not restricted
to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and
cetaceans. [Sec. 4, RA 8550].
Fish fingerlings. A stage in the life cycle of the fish measuring to about
6-13 cm. depending on the species. [Sec. 4, RA 8550].
Fish fry. A stage at which a fish has just been hatched usually with sizes
from 1-2.5 cm. [Sec. 4, RA 8550].
Fishing. 1. The taking of fishery species from their wild state of habitat,
with or without the use of fishing vessels. [Sec. 4, RA 8550]. 2. The
application of techniques using various gear in catching fish and other
fisheries products. [Sec. 4, RA 8435].
Fishing grounds. Areas in any body of water where fish and other
aquatic resources congregate and become target of capture. [Sec. 4,
RA 8435].
Fishing with the use of explosives. The use of the dynamite, other
explosives or other chemical compounds that contain combustible
elements or ingredients which upon ignition by friction, concussion,
percussion or detonation of all or parts of the compound, will kill,
stupefy, disable or render unconscious any fishery species. [Sec. 4, RA
8550; Sec. 3, PD 704; Sec. 1, PD 534].
Fish plates. Strips of iron 8" to 12" long and 3 1/2" thick which are
attached to the rails by 4 bolts, two on each side, to keep the rails
aligned. [Ma-Ao Sugar Central Co., Inc. v. CA, GR 83491. Aug. 27,
1990].
Five air freedoms. Intl. Law. (a) to fly across territory without landing;
(b) the freedom to land for non-traffic purposes; (c) the freedom to put
down traffic originating in the state of the aircraft; (d) the freedom to
embark traffic destined for the state of the aircraft; and (e) the
freedom to embark traffic destined for, or to put down traffic coming
from, a third state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 76].
Fixed price contract. A contract (with) a fixed price, i.e., not subject to
escalation. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987].
Flag state. The state that allows a ship to fly its flag and that grants the
ship its nationality. [Intl. Law Dict. & Direct., 2004].
Flash point. The minimum temperature at which any material gives off
vapor in sufficient concentration to form an ignitable mixture with air.
[Sec. 3, PD 1185].
itself and found that he was guilty, based on the same evidence it had
rejected in its first decision. [Fruto v. Reyes, GR 82304. Nov. 29, 1989].
Fly. The part of the flag outside the hoist or length. [Sec. 3, RA 8491].
Food additive. Any substance, the intended use of which results or may
reasonably be expected to result, directly or indirectly, in its becoming
a component or otherwise affecting the characteristics of any food
(including any substance intended for use in producing, manufacturing,
packing, processing, preparing, treating, packaging, transporting, or
holding food; and including any source of radiation intended for any
such use), if such substance is not generally recognized, among experts
qualified as having been adequately shown through scientific
procedures to be safe under the conditions of the intended use. [Art. 4,
RA 7394].
Food security. 1. The policy objective, plan and strategy of meeting the
food requirements of the present and future generations of Filipinos in
substantial quantity, ensuring the availability and affordability of food to
all, either through local production or importation, or both, based on
the country's existing and potential resource endowment and related
production advantages, and consistent with the overall national
development objectives and policies. [Sec. 4, RA 8435]. 2. Any plan,
policy or strategy aimed at ensuring adequate supplies of appropriate
food at affordable prices. [Sec. 4, RA 8550].
For cause. That means "a guarantee of both procedural and substantive
due process (in the removal or suspension of a civil service officer or
employee). [Dario v. Mison, GR 86241. Aug. 8, 1989].
Forced labor and slavery. The extraction of work or services from any
person by means of enticement, violence, intimidation or threat, use of
force or coercion, including deprivation of freedom, abuse of authority
or moral ascendancy, debt-bondage or deception. [Sec. 3, RA 9208].
including, but not limited to, war, rebellion, insurrection, riots, civil
disturbance, blockade, sabotage, embargo, strike, lockout, any dispute
with surface owners and other labor disputes, epidemic, earthquake,
storm, flood or other adverse weather conditions, explosion, fire,
adverse action by government or by any instrumentality or subdivision
thereof, act of God or any public enemy and any cause that herein
described over which the affected party has no reasonable control.
[Sec. 3, RA 7942]. 2. Inevitable accident or casualty; an accident
produced by any physical cause which is irresistible; such as lightning,
tempest, perils of the sea, inundation, or earthquake; the sudden
illness or death of a person. [Gotesco Investment Corp. v. Chatto, GR
87584. June 16, 1992, citing 2 Blackstone's Commentaries, 122].
Forcible abduction with rape. Crim. Law. Elements: (a) The taking of
a woman against her will; (b) the taking is with lewd designs 32 and (c)
the rape of the woman was accomplished through force or intimidation.
[People v. Aczon, GR 93029. Aug. 10, 1993, citing Art. 342, RPC].
Foreign air carrier. An air carrier who is not a citizen of the Philippines,
and/or an air carrier other than a domestic air carrier. [Sec. 3, RA 776].
Foreign air commerce. Air commerce between the Philippines and any
place outside it. [Sec. 3, RA 776].
Foreign bill of exchange. Nego. Inst. A bill which on its face does not
purport to be both drawn and payable within the Philippines. [Diaz,
Bus. Law Rev., 1991 Ed., p. 366]. Compare with Inland bill of
exchange.
Foreign loan. Any credit facility or financial assistance other than equity
investment obtained by a registered enterprise from a source outside
the Philippines and brought into the Philippines either in foreign
exchange or in other assets and registered with the Central Bank (now
Bangko Sentral) and the Board of Investments, which shall assess and
appraise the assets other than foreign exchange representing the
proceeds of the loan. [Sec. 3, RA 5186].
Forest. Vast tracts of wooded land with dense growths of trees and
underbush. It is descriptive of what appears on the land but is not a
legal status nor a classification for legal purposes. [Rep. v. CA, GR
L-56948. Sep. 30, 1987]. Compare with Timber land.
Forest charge. A tax not on the minerals, but upon the privilege of
severing or extracting the same from the earth. [Comm. of Int. Rev. v.
Guerrero, GR L-19074. Feb. 31, 1967].
Forest land. Lands of the public domain which have not been declared
as alienable or disposable, public forests, permanent forests or forest
reserves, forest reservations, timberlands, grazing lands, game refuge,
and bird sanctuaries. [Sec. 4, RA 7900]. Also Timber land.
Formal. The term may be taken to mean official, regular, definite, fixed,
explicit, positive, proper, solemn, and not necessarily written. [Morenos
Law Dict., 2000 Ed., p. 184].
Formal offer. Evid. The formal offer made by the proponent stating the
specific purpose for which the evidence is offered, after the termination
of the testimonial evidence. [Sec. 34, Rule 132, RoC].
Forum. Lat. The public market or paved court of a Roman city where
judicial and public business was transacted. (a) The place where a legal
decision is made. (b) The court or locale wherein causes are judicially
tried. [Intl. Law Dict. & Direct., 2004].
unconditionally the suit, in order that the claim may be tried in another
jurisdiction to which the defendant is amenable and which the court
believes is more appropriate or convenient for the litigation, including
the interests of justice. [Tetley, Glossary of Conflict of Laws, 2004].
Forward shifting. Tax Law. The transfer of the burden of the tax from
a factor of production through the factors of distribution until it finally
settles on the ultimate purchaser or consumer. [De Leon, Fundamentals
of Taxation, 2000 Ed., p. 55].
Foul bill of lading. A bill which contains a notation therein that the
goods covered by it are in bad condition. [Morenos Law Dict., 2000
Ed., p. 186].
Frangible disc. In the gas bottling trade, a piece of steel disc between
the valves and the plugs screwed thereto, of a cylinder containing liquid
carbon dioxide, which acts as a safety device the function of which is to
burst when excessive pressure is built within the cylinder to prevent the
pressure vessel from exploding and disintegrating. [Morenos Law Dict.,
2000 Ed., p. 187].
Fraus et jus nunquam cohabitant. Lat. Law and justice always abhor
fraud. Fraud and justice never dwell or exist side by side. [Dir. of Lands
v. CA, GR L-45168. Jan. 27, 1981 ].
Free. When used in a trade term, it means that the seller has an
obligation to deliver goods to a named place for transfer to a carrier.
[Intl. Law Dict. & Direct., 2004].
Free areas. All lands within the territorial limits of the Philippines
including those submerged beneath seas, bays, lakes, rivers, lagoons,
or the territorial waters, or on the continental shelf, or its analogue in
an archipelago, but which are not within the national reserve areas, or
petroleum reservations, or covered by valid and existing exploration or
exploitation concession, or petroleum drilling leases. [Art. 14, RA 387].
Free city. An entire port city which has been opened to international
trade. [Intl. Law Dict. & Direct., 2004].
Freedom of the high seas. The right of all states to freely use the high
seas for navigation, overflight, fishing, the laying of submarine cables
and pipelines, constructing artificial islands and installations, and
carrying on scientific research. [Intl. Law Dict. & Direct., 2004].
has a right to his beliefs and he may not be called to account because
he cannot prove what he believes. [Cruz, Constl. Law, 1998 Ed., p.
182]. Compare with Freedom to act on one's beliefs.
Freehold. A special right granting the full use of real estate for an
indeterminate time. It differs from leasehold, which allows possession
for a limited time. There are varieties of freehold such as fee simple
and fee tail. [Duhaime's Legal Dict., 2004].
Free on board (FOB). 1. This means that the goods are to be delivered
free of expense to the buyer to the point of either shipment or
destination. [Diaz, Bus. Law Rev., 1991 Ed., p. 124]. 2. A provision in a
contract of sale which requires the seller to deliver the merchandise at
a designated place, usually to a common carrier. [Torres, Oblig. &
Cont., 2000 Ed., p. 351].
Free portion. The remainder of the estate, after deducting the legitime,
which may be freely disposed of by the testator as may be desired to
any person with capacity to succeed. [Morenos Law Dict., 2000 Ed., p.
189].
Free retail zones. Areas within international airports and harbors where
travelers can buy goods free of local sales and excise taxes. [Intl. Law
Dict. & Direct., 2004].
French rule. The rule that crimes committed aboard foreign merchant
vessels cannot be tried in the courts of that country, unless their
commission affects the peace and security of the territory or the safety
of the state is endangered. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with English rule.
employee or his dependents; and (j) life or health insurance and other
non-life insurance premiums or similar amounts in excess of what the
law allows. [Sec. 33, NIRC, as amended].
Frustrated felony. A felony where the offender performs all the acts of
execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator. [Art. 6, RPC].
Fugitive from justice. 1. The term refers not only those who flee after
conviction to avoid punishment but likewise those who, after being
charged, flee to avoid prosecution. [Marquez v. Comelec, GR 112889.
Apr. 18, 1995]. 2. One who, having committed or being accused of
having committed a crime in one jurisdiction, cannot be found therein.
[Rodriguez v. Comelec, GR 120099. July 24, 1996, citing Black's Law
Dict.].
Full blood relationship. That existing between persons who have the
same father and the same mother. [Art. 967, CC].
Full name. A persons Christian or given name and his surname or family
name. [Morenos Law Dict., 2000 Ed., p. 191].
Full-term baby. An infant which weighs more than 2,275 grams even if
it is born before the thirty-seventh week which is less than 9.3 months.
[People v. Malapo, GR 123115. Aug. 25, 1998].
Fund. A sum of money or other resources set aside for the purpose of
carrying out specific activities or attaining certain objectives in
accordance with special requisitions, restrictions, or limitations, and
constitutes an independent fiscal and accounting entity. [Sec. 2, Chap.
1 Subtitle B, EO 292].
Future debts. Debts the amount of which is not yet known and until the
debt is liquidated, there can be no claim against the guarantor. [Art.
2053, CC].
-G-
Gaffer. Also Taga-tari. Tag. A person knowledgeable in the art of
arming fighting cocks with gaff or gaffs on either or both legs. [Sec. 4,
PD 449].
Gahasa. Tag. The word does not refer to force in general but only to
force or violence when applied to a woman for the purpose of satisfying
the lust of the actor. [Campita v. Villanueva, GR L-20228. Nov. 28,
1964].
Gambling. Crim. Law. 1. The felony committed by: (a) any person who,
in any manner shall directly, or indirectly take part in any game of
monte, jueteng or any other form of lottery, policy, banking, or
percentage game, dog races, or any other game of scheme the result
of which depends wholly or chiefly upon chance or hazard; or wherein
wagers consisting of money, articles of value or representative of value
are made; or in the exploitation or use of any other mechanical
invention or contrivance to determine by chance the loser or winner of
money or any object or representative of value; (b) any person who
shall knowingly permit any form of gambling referred to in the
preceding number to be carried on in any uninhabited or uninhabited
Gana. Tag. With the stress on the first syllable, earning or wage or
salary. [Morenos Law Dict., 2000 Ed., p. 193].
by one of them for his voluntary sacrifice of a part of the ship or cargo
to save the residue of the property and the lives on board, or for the
extraordinary expenses necessarily incurred for the benefit and safety
of all. [Intl. Law Dict. & Direct., 2004]. Compare with Particular
average.
General crossed check. A check on which are placed two parallel lines
diagonally on the left top portion of the check and between such lines
are written the words "and Co." or none at all as in the case at bar, in
which case the drawee should not encash the same but merely accept
the same for deposit. [State Investment House v. IAC, GR 72764. July
13, 1989]. Compare with Special crossed check.
not encash the check but merely accept it for deposit. [Associated Bank
v. CA, GR 89802. May 7, 1992]. Compare with Special crossing.
General denial. One which puts in issue all the material averments of
the complaint or petition, and permits the defendants to prove any and
all facts which tend to negative those averments or some one or all of
them. [Loyola v. HRET, GR 109026. Jan. 4, 1994, citing Maulin v. Ball,
1 P. 409, 411, 5 Mont. 96, cited in Words and Phrases, "General
Denial."].
General fee. A fee paid to a lawyer to insure and secure his future
services for a particular case or work, and to remunerate him for being
deprived, by being retained by one party, of the opportunity of
rendering services to the other party. [Morenos Law Dict., 2000 Ed., p.
195].
Generic drugs. Drugs not covered by patent protection and which are
labeled solely by their international non-proprietary or generic name.
[Sec. 3, RA 6675].
Genocide. Intl. Law. 1. Any of the following acts, committed with intent
to destroy, in whole or in part, a national, ethnic, racial or religious
group as such: (a) killing members of the group; (b) causing serious
bodily or mental harm to members of the group; (c) deliberately
inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part; (d) imposing measures
intended to prevent births within the group; (e) forcibly transferring
children of the group to another group. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 116-117]. 2. The intentional annihilation of a national, ethnical,
racial, or religious group. [Intl. Law Dict. & Direct., 2004].
Genuine link. A state must have a real and bona fide relationship with a
person before it may sponsor that person's suit in an international
tribunal. [Intl. Law Dict. & Direct., 2004].
Gestor. Voluntary manager. [US v. Lim, GR 11841. Mar. 31, 1917]. See
Negotiorum gestor.
Gift "propter nuptias." A gift bestowed in 1880, when the Civil Code
was not yet in force, is understood to have been made under the
provisions of law 9, title 4, of the fifth Partida, which did not require the
form of a public instrument except when the gift exceeded 500
maravedises in gold, to which P200, the value of land donated,
nowhere near amounts. [Tiamson v. Tiamson, GR 9692. Oct. 21, 1915].
Given name. Also Proper name. That which is given to the individual
at birth or at baptism, to distinguish him from other individuals. It may
be freely selected by the parents for the child. [Rep. v. Hernandez, GR
117209. Feb. 9, 1996]. Compare with Surname or family name.
Good seeds. Seeds that are the progeny of certified seeds so handled as
to maintain a minimum acceptable level of genetic purity and identity
and which is selected at the farm level. [Sec. 4, RA 7607].
rightful government. [Co Cham v. Tan Keh, 75 Phil. 113. Sep. 17,
1945]. See De facto government.
Grave coercion. Crim. Law. The felony committed by any person who,
without authority of law, shall, by means of violence, prevent another
from doing something not prohibited by law, or compel him to do
something against his will, whether it be right or wrong, or for the
purpose of compelling another to perform any religious act or to
prevent him from so doing. [Art. 286, RPC].
Grave felonies. Those felonies to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive, in
accordance with Art. 25 of the Rev. Penal Code. [Art. 9, RPC].
Grave scandal. Crim. Law. The felony committed by any person who
shall offend against decency or good customs by any highly scandalous
conduct not expressly falling within any other article of the Rev. Penal
Code. [Art. 200, RPC].
Grave threats. Crim. Law. The felony committed by any person who
shall threaten another with the infliction upon the person, honor or
property of the latter or of his family of any wrong amounting to a
crime, and the offender shall have made the threat demanding money
or imposing any other condition, even though not unlawful, and
whether or not said offender shall have attained his purpose, or the
threat be made in writing or through a middleman, or shall not have
been made subject to a condition. [Art. 282, RPC].
Grazing land. That portion of the public domain which has been set
aside, in view of the suitability of its topography and vegetation, for the
raising of livestock. [Sec. 3, PD 705].
Grid code. The set of rules and regulations governing the safe and
reliable operation, maintenance and development of the high voltage
backbone transmission system and its related facilities. [Sec. 4, RA
9136].
Guy. A line from the vise of the vessel, enabling the boom, once released
from the collar, to swing from side to side. The guys hold the boom in
the exact position desired while discharging cargoes. If it is desired to
swing the boom to the right, then the guy on the right should be
tightened and at the same time easing up the guy to the left. [Morenos
Law Dict., 2000 Ed., p. 204].
-H-
H-1 visa. A working visa issued by the US government. It is
non-immigrant visa. [Morenos Law Dict., 2000 Ed., p. 205].
Habeas corpus. Lat. Have the body. 1. A court petition which orders
that a person being detained be produced before a judge for a hearing
to decide whether the detention is lawful. [Duhaime's Legal Dict.,
2004]. 2. The name of a writ having for its object to bring a person
before a court. [Jurists Legal Dict., 2004].
Hacking. Short and interrupted. [Morenos Law Dict., 2000 Ed., p. 205].
Half-mast. Lowering the flag to one-half the distance between the top
and bottom of the staff. [Sec. 3, RA 8491].
Hambog. Tag. The word means not just braggart, but proud or
arrogant. [Madrona v. Rosal, GR 39120. Nov. 21, 1991].
Harbor fee. The amount which the owner, agent, operator or master of
a vessel has to pay for each entrance into or departure from a port of
entry in the Philippines. [Sec. 2701, RA 1937].
Health care provider. It refers to: (a) a health care institution , which
is duly licensed and accredited devoted primarily to the maintenance
and operation of facilities for health promotion, prevention, diagnosis,
injury, disability, or deformity, drug addiction or in need of obstetrical
or other medical and nursing care. It shall also be construed as any
institution, building, or place where there are installed beds, cribs, or
bassinets for twenty-four hour use or longer by patients in the
treatment of diseases, injuries, deformities, or abnormal physical and
mental states, maternity cases or sanitarial care; or infirmaries,
nurseries, dispensaries, rehabilitation centers and such other similar
names by which they may be designated; or (b) a health care
professional, who is any doctor of medicine, nurse, midwife, dentist, or
Hearing de novo. A full new hearing. [Jurists Legal Dict., 2004]. Also
De novo hearing.
High-end or luxury goods. Goods which are not necessary for life
maintenance and whose demand is generated in large part by the
higher income groups. Luxury goods shall include, but are not limited to
products such as; jewelry, branded or designer clothing and footwear,
wearing apparel, leisure and sporting goods, electronics and other
personal effects. [Sec. 3, RA 8762].
Highly toxic substance. Any substance which has any of the following
effects: (a) produces death within fourteen days to one-half or more
than one-half of a group of ten or more laboratory white rats each
weighing between Two hundred and three hundred grams, at a single
dose of fifty milligrams or less per kilogram of body weight, when orally
administered; or (b) produces death within fourteen days to one-half or
more of a group of ten or more laboratory white rats each weighing
between two hundred and three hundred grams, when inhaled
continuously for a period of one hour or less at an atmospheric
concentration of two hundred parts per million by volume or less of gas
or vapor or two milligrams per liter by volume or less of mist or dust,
provided such concentration is likely to be encountered by man when
the substance is used in any reasonably foreseeable manner, or (c)
produces death within fourteen days to one-half or more of a group of
ten or more rabbits, when tested in a dosage of two hundred milligrams
or less per kilogram of body weight, or when administered through
continuous contact with the bare skin for twenty-four hours or less.
[Art. 4, RA 7394].
High seas. Intl. Law. 1. They are also treated as res communes or res
nullius, and thus, are not territory of any particular state. The
traditional view is freedom of the high seas they are open and
available, without restriction, to the use of all states for the purpose of
navigation, flight over them, laying submarine cables and pipes, fishing,
research, mining, etc. [Sandoval, Pol. Law Reviewer 2003]. 2. The
ocean areas outside the territorial seas and maritime zones of coastal
states. They are open to use by all states for peaceful purposes. [Intl.
Law Dict. & Direct., 2004].
Hijo de puta. Sp. Son of a whore. [US v. Gil, GR 4704. Apr. 26, 1909].
Historical site. Any place, province, city, town and/or any location and
structure which has played a significant and important role in the
history of our country and nation. Such significance and importance
may be cultural, political, sociological or historical. [Sec. 3, RA 4846].
Historic bays. Intl. Law. Bays whose waters are considered internal but
which should not have that character were it not for the existence of a
historic title. Examples are the Bay of Cancale in France, the Bay of
El-Arab in Egypt, and Hudson Bay in Canada. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 62].
Hoist. The part of the flag nearest the staff or the canvass to which the
halyard is attached. [Sec. 3, RA 8491].
Holder for value. Nego. Inst. 1. One who must meet all the
requirements of a holder in due course under Sec. 52 of the Nego. Inst.
Holder in due course. Nego. Inst. 1. A holder who has taken the
instrument under the following conditions: (a) that it is complete and
regular upon its face; (b) that he became the holder of it before it was
overdue, and without notice that it had been previously dishonored, if
such was the fact; (c) That he took it in good faith and for value; (d)
that at the time it was negotiated to him he had no notice of any
infirmity in the instrument or defect in the title of the person
negotiating it. [Sec. 52, NIL]. 2. A holder who acquires a negotiable
instrument for value, in good faith, and without notice that it is
overdue, has been dishonored, or that persons required to pay on it
have some valid excuse for not doing so. [Intl. Law Dict. & Direct.,
2004].
terminated but he should continue holding his office until his successor
is appointed or chosen and has qualified. [Blaquera v. CSC, GR 103121.
Sep. 10, 1993].
Holdup. The act of forcibly stopping and robbing. Robbery under threat
of violence or an armed robbery. An assault on a person for the
purpose of robbery. [Morenos Law Dict., 2000 Ed., p. 208].
Holmes dictum. The power to tax is not the power to destroy while
the Supreme Court sits. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Marshall dictum. See Power to tax is
not the power to destroy.
Holy Qur'an. The Muslim Holy Scripture. [Sulu Islamic Assoc. of Masjid
Lambayong v. Malik, AM MTJ-92-691. Sep. 10, 1993].
Homestead. 1. The home, the house and the adjoining land where the
head of the family dwells; the home farm; the fixed residence of the
head of a family, with the land and buildings surrounding the main
house. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 32,
citing Oliver v. Snowden, 18 Fla. 825, 43 Am. Rep. 338]. 2. An artificial
estate in land, devised to protect the possession and enjoyment of the
owner against the claims of his creditors, by withdrawing the property
Homicide. Crim. Law. 1. The felony committed by any person who, not
falling within the provisions of Art. 246, shall kill another without the
attendance of any of the circumstances enumerated in Art. 248 of the
Rev. Penal Code. [Art. 249, RPC]. 2. All occasions where one human
being, by act or omission, takes away the life of another. [Duhaime's
Legal Dict., 2004].
Homicide. Crim. Law. Elements: (a) That a person was killed; (b) that
the accused killed him without any justifying circumstance; (c) that the
accused had the intention to kill, which is presumed; (d) that the killing
was not attended by any of the qualifying circumstances of murder, or
by that of parricide or infanticide. [People v. Rosales, GR 86390. June
30, 1993].
Honeste vivere. Lat. To live honorably. [In re: Jurado, AM 93-2-037 SC.
Apr. 6, 1995].
Hood. A covering usually of cloth or leather for the head and neck and
sometimes the shoulders that is attached to a garment or worn
separately and is made with a loose of close-fitting opening for the
Hose box. A box or cabinet where fire hoses, valves and other
equipment are stored and arranged for fire fighting. [Sec. 3, PD 1185].
Hotel. 1. A building where transient guests are received and are supplied
with and charged for meals, lodging and other services. [Sec. 63, PD
856]. 2. Any house or building or portion thereof in which any person
or persons may be regularly harbored or received as transient or
guests. A hotel shall be considered as living quarters and shall have the
privilege to accept any number of guests and to serve food to the
guests therein. [Sec. 1, PD 426]. Compare with Motel.
Hours worked. Hours worked shall include (a) all time during which an
employee is required to be on duty or to be at a prescribed workplace,
and (b) all time during which an employee is suffered or permitted to
work. [Art. 84, LC].
House sewer. The pipe line conveying sewage from the house or
building to the septic tank or to any point of discharge. [Sec. 71, PD
856].
Hurto continuado. Sp. Continuing theft. [Morenos Law Dict., 2000 Ed.,
p. 212].
Hyperlink. Function of the World Wide Web that allows one Web page
to be accessed from another page. When a person viewing a page with
hyperlinks on a browser points to a hyperlink with a mouse, the mouse
cursor changes from a pointer to a hand. Clicking on the hyperlink,
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loads the linked page in the browser for viewing. [Intl. Law Dict. &
Direct., 2004].
-I-
IAC. Intermediate Appellate Court.
Ideal plurality. Also Concurso ideal. This occurs when a single act
gives rise to various infractions of law. This is illustrated by the very
article under consideration: (a) when a single act constitutes two or
more grave or less grave felonies (described as Delito compuesto or
Compound crime); and (b) when an offense is a necessary means for
committing another offense (described as Delito complejo or Complex
proper). [Gamboa v. CA, GR L-41054. Nov. 28, 1975, citing The Rev.
Penal Code, Aquino, Vol. I 1961 ed., at 555-56].
Idem sonans rule. Elec. Law. An election rule which provides that a
name or surname incorrectly written which, when read, has a sound
similar to that name or surname of a candidate when correctly written
shall be counted in his favor. [Lontoc v. Pineda, GR L-37106. June 30,
1975].
Idle land. Also Abandoned land. Any agricultural land not cultivated,
tilled or developed to produce any crop nor devoted to any specific
economic purpose continuously for a period of three (3) years
immediately prior to the receipt of notice of acquisition by the
government as provided under RA 6657, but does not include land that
has become permanently or regularly devoted to non-agricultural
purposes. It does not include land which has become unproductive by
reason of force majeure or any other fortuitous event, provided that
prior to such event, such land was previously used for agricultural or
other economic purpose. [Sec. 3, RA 6657].
Rev. Penal Code or for some purpose contrary to public morals. [Art.
147, RPC, as reinstated by EO 187].
Illegal numbers game. Any form illegal gambling activity which uses
numbers or combinations thereof as factors in giving out jackpots. [Sec.
2, RA 9287].
Illegal recruitment. Elements: (a) The person charged with the crime
must have undertaken recruitment activities (or any of the activities
enumerated in Art. 34 of the Labor Code, as amended); and (b) said
person does not have a license or authority to do so. [People v.
Cabacang, GR 113917. July 17, 1995].
Illegal sale of marijuana. Elements: (a) the identity of the buyer and
the seller, the object, and consideration; and (b) the delivery of the
thing sold and the payment therefor. [People v. Esguerra, 221 SCRA
261 (1993); People v. Rumeral, 200 SCRA 194 (1991)].
Immigration. 1. The removing into one place from another; the act of
immigrating, the entering into a country with the intention of residing in
it. [Cascante v. Comelec, GR 88831. Nov. 8, 1990]. 2. The entry of
foreign persons into a country to live permanently. [Glossary of Legal
Terms (Pro-Se), 2004].
Impasse. Within the meaning of the labor laws, the word presupposes
reasonable effort at good faith bargaining which, despite noble
intentions, does not conclude in agreement between the parties.
[Divine Word Univ. of Tacloban v. Sec. of Labor and Employment, GR
91915. Sep. 11, 1992, citing NLRB v. Bancroft, 635 F.2d 492 (1981)].
Implied agency. Agency implied from the acts of the principal, from his
silence or lack of action, or his failure to repudiate the agency, knowing
that another person is acting on his behalf without authority. [Art.
1869, CC].
Implied consent. Pol. Law. The consent of the state to be sued implied
from the very act of entering into a contract, because by entering into
such contract the sovereign state has descended to the level of the
citizen. [Santos v. Santos, GR L-4699. Nov. 26, 1952]. Compare with
Express consent.
Implied trust. Also Resulting trust. Requisites: (a) That two or more
persons agree to purchase a property and (b) that they consent that
one should take the title in his name for everyone's benefit. [Nito v. CA,
GR 102657. Aug. 9, 1993].
Implied trusts. 1. Trusts that come into being by operation of law. [Art.
1441, CC]. 2. Those trusts which, without being express, are deducible
from the nature of the transaction as matters of intent, or which are
superinduced on the transaction by operation of law as matters of
equity, independently of the particular intention of the parties. [O'laco
v. Co Cho Chit, GR 58010. Mar. 31, 1993]. Compare with Express
trusts.
Import quota. The total value of any item of import allowed for entry
into the Philippines for any specified period. [Sec. 1, RA 426].
Impost. The term also signifies any tax, tribute or duty, but it is seldom
applied to any but the indirect taxes. [Garcia v. Exec. Sec., GR 101273.
July 3, 1992, citing Cooley, on Taxation, p. 3].
Incest. Legal Med. Sexual relations between persons who are relatives
by blood. [Olarte, Legal Med., 1st Ed. (2004), p. 114].
Incet ipsa per se aequitas. Lat. Equity shines by her own right.
[Morenos Law Dict., 2000 Ed., p. 223].
Inchamaree clause. Mar. Ins. A clause which makes the insurer liable
for loss or damage to the hull or machinery arising from the (a)
negligence of the captain, engineers, etc.; (b) explosions, breakage of
shafts; and (c) latent defect of machinery or hull.
Inchoate. From Lat. inchoare: to start work on. Begun, but not
completed; imperfectly formed or developed. [Intl. Law Dict. & Direct.,
2004].
Incidence of taxation. That point on which the tax burden finally rests
or settles down. It takes place when shifting has been effected from
the statutory taxpayer to another or someone else who cannot pass on
the burden further. [De Leon, Fundamentals of Taxation, 2000 Ed., p.
53].
Inclusio unius est exclusio alterius. Lat. The inclusion of one is the
exclusion of the other. [People v. City Court of Silay, GR L-43790. Dec.
9, 1976].
Income bonds. Corp. Law. Bonds which may not be secured payable
out of the net profits of the issuing corporation. [Diaz, Bus. Law Rev.,
1991 Ed., p. 269].
Incompetency. The manifest lack of adequate ability and fitness for the
satisfactory performance of official duties by reason of the officer's vice
or vicious habits. This has reference to any physical, moral or
intellectual quality the lack of which substantially incapacitates one to
perform the duties of a peace or public safety officer. [Sec. 8, PD 971].
reason of age, disease, weak mind, and other similar causes, cannot,
without outside aid, take care of themselves and manage their
property, becoming thereby an easy prey for deceit and exploitation. 2.
Persons who lack ability, legal qualification, or fitness to manage their
own affairs. [Glossary of Legal Terms (Pro-Se), 2004].
Increased risk theory. The rule that in order for the employee to be
entitled to sickness or death benefits, the sickness or death resulting
therefrom must be, or must have resulted from any illness caused by
employment subject to proof that the risk of contracting the same is
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Indecent shows. Crim. Law. The felony committed by those who shall
sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals. [Art. 201, RPC, as amended by
PD Nos. 960 and 969].
Indent. A purchase order for goods especially when sent from a foreign
country. [Schmid & Oberly v. RJL Martinez Fishing Corp., GR 75198.
Oct. 18, 1988, citing Webster's 9th New Collegiate Dict. 612 (1986)].
Independent state. Intl. Law. 1. A state that has full freedom in the
direction of its affairs, both domestic and foreign. It may either be
simple or composite. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. 2. A
state that is sovereign; one that operates independently internationally.
[Intl. Law Dict. & Direct., 2004]. Compare with Dependent state.
properly imposed under the rules of the Rev. Penal Code, and the
minimum which shall be within the range of the penalty next lower to
that prescribed by the Code for the offense. [Sec. 1, Indeterminate
Sentence Law]. 2. A sentence of imprisonment to a specified minimum
and maximum period of time, specifically authorized by statute, subject
to termination by a parole board or other authorized agency after the
prisoner has served the minimum term. [Glossary of Legal Terms
(Pro-Se), 2004].
Indian hemp. Also Marijuana. Every kind and class of the plant
cannabis sativa L. from which the resin has not been extracted,
including cannabis americana, hashish, bhang, guaza, churrus and
ganjah, and embraces every kind, class and character of Indian hemp,
whether dried or fresh, flowering or fruiting tops of the pistillate plant,
and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever. [Sec. 2, RA 6425]. See Cannabis.
In diem. Lat. A term with a resolutory effect, until a certain day. [PCIB
v. Excolin, GR L-27860 & L-27896. Mar. 29, 1974]. Compare with Ex
die.
Indirect. The term would signify an act done not straight to the point.
[Guerrero v. Villamor, GR 82238-42. Nov. 13, 1989].
Indirect bribery. Crim. Law. The felony committed by any public officer
who shall accept gifts offered to him by reason of his office. [Art. 211,
RPC].
Indirect taxes. 1. Those taxes which are demanded from one person in
the expectation and intention that he shall indemnify himself at the
expense of another. An example of this type of tax is the sales tax
levied on sales of a commodity. [Maceda v. Macaraig, GR 88291. May
31, 1991]. 2. Those that are demanded in the first instance from one
person in the expectation and intention that he can shift the burden to
someone else. [Comm. of Int. Rev. v. John Gotamco & Sons, Inc., GR
L-31092. Feb. 27, 1987]. Compare with Direct taxes.
Individual claims. Claims on land and rights thereon which have been
devolved to individuals, families and clans including, but not limited to,
residential lots, rice terraces or paddies and tree lots. [Sec. 4, RA
8371].
Indorsement. Nego Inst. Law. Kinds: (a) Special indorsement; (b) blank
indorsement; (c) restrictive indorsement; (d) qualified indorsement; (e)
conditional indorsement. [Sec. 33, NIL].
an employer for the purpose of gain, except domestic service. [Sec. 22,
RA 772].
Industrial sand and gravel permit. The permit granted by the Mines
and Geosciences Bureau to any qualified person for the extraction of
sand and gravel and other loose or unconsolidated materials that
necessitate the use of mechanical processing covering an area of more
than five hectares (5 has.) at any one time. The permit shall have a
term of five (5) years, renewable for a like period but not to exceed a
total term of twenty-five (25) years. [Sec. 47, RA 7942].
Inexistent contract. One which has no force and effect from the very
beginning, as if it had never been entered into, and which cannot be
validated either by time or by ratification. [Tongoy v. CA, 123 SCRA 99
(1983); Avila v. CA 145 SCRA (1986)]. Also Void contract.
Infant. 1. A child within zero (0) to twelve (12) months of age. [Sec. 3,
RA 7600]. 2. A person falling within the age bracket of 0-12 months.
[Sec.4, EO 51, Oct. 20, 1986].
Inferior courts. The term, as used in the Interim Rules and Guidelines
promulgated to implement the Judiciary Reorganization Act of 1981,
refers to all courts except the Supreme Court, the Sandiganbayan and
the Court of Tax Appeals. [Delbros Hotel Corp. v. IAC, GR L-72566.
Apr. 12, 1988].
In flagrante. Lat. In the very act charged against him. [People v. Polo,
GR 72899. Jan. 30, 1987].
definite and sworn information, not yet in the possession of the Bureau
of Internal Revenue, leading to the discovery of frauds upon internal
revenue laws or violation of any of the provisions thereof, thereby
resulting in the recovery of revenues, surcharges and fees and/or the
conviction of the guilty party and/or imposition of any fine or penalty.
[Comm. of Int. Rev. v. COA, GR 101976. Jan. 29, 1993, citing Sec. 281
of NIRC].
Infra scapula. Either of two flat, triangular bones, each forming the
back part of a shoulder. [Morenos Law Dict., 2000 Ed., p. 228].
Inhabitant. One who has actual fixed residence in a place; one who has
a domicile in a place. [Co v. Electoral Tribunal, GR 92191-92. July 30,
1991, citing Bouvier's Law Dict., Vol. II].
Inherited case. One tried and finished by an RTC Judge but left
undecided and is now listed as pending decision before the incumbent
Judge. [People v. Bajar, GR 118240. Oct. 28, 1997, citing MC 1-89
issued 13 June 1989 by CJ Fernan].
Initiative, systems of. Const. Law. There are three (3) systems of
initiative, namely: 1. Initiative on the Constitution which refers to a
petition proposing amendments to the Constitution; 2. Initiative on
statutes which refers to a petition proposing to enact a national
legislation; and 3. Initiative on local legislation which refers to a petition
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Injury. 1. Civ. Law. Any wrong or damage done to another, either in his
person, rights, reputation or property. The invasion of any legally
protected interest of another. [Pecho v. Sandiganbayan, GR 111399.
Nov. 14, 1994, citing Black's Law Dict., 5th Ed., 706]. 2. Labor. Any
harmful change in the human organization from any accident arising
out of and in the course of the employment. [Art. 167, LC]. Compare
with Damages.
Inland bill of exchange. Nego. Inst. A bill which is, or on its face
purports to be, both drawn and payable within the Philippines. Any
other bill is a foreign bill. [Sec. 129, NIL]. Compare with Foreign bill
of exchange.
Innocent and virtuous woman. A woman who has never had illicit
intercourse with any man, and who is chaste and pure. [US v. Suan, GR
9201. Mar. 3, 1914, citing State v. Ferguson, 107 NC 841].
Innominate contracts. Kinds: (a) Do ut des (I give that you give); (b)
do ut facias (I give that you may do); (c) facio ut facias (I make so you
make); (d) I make so you give). [Diaz, Bus. Law Rev., 1991 Ed., p. 61].
Inquiry. From Lat. inquirere: to seek after or to search for. Intl. Law. 1.
An investigation of the points in question, on the theory that their
elucidation will contribute to the solution of the problem. [Cruz, Intl.
Law Reviewer, 1996 Ed., p. 121]. 2. The process by which an impartial
third party makes an investigation to determine the facts underlying a
dispute without resolving the dispute itself. [Intl. Law Dict. & Direct.,
2004].
Insider. 1. It means: (a) the issuer; (b) a director or officer (or any
person performing similar functions) of, or a person controlling the
issuer; gives or gave him access to material information about the
issuer or the security that is not generally available to the public; (d) A
government employee, director, or officer of an exchange, clearing
agency and/or self-regulatory organization who has access to material
information about an issuer or a security that is not generally available
to the public; or (e) a person who learns such information by a
communication from any forgoing insiders. [Sec. 3, RA 8799]. 2. A
person, such as a corporate officer, director, or majority shareholder,
who has access to material nonpublic information about a company or
the securities market. [Intl. Law Dict. & Direct., 2004].
Insolvent. 1. A person who either has ceased to pay his debts in the
ordinary course of business or cannot pay his debts as they become
Insolvent debtor. One who is unable to pay all his debts in full.
[Morenos Law Dict., 2000 Ed., p. 233].
suit. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 407]. See also
Inducement.
Co., GR 33637. Dec. 31, 1931, citing Hoag v. Howard (1880), 55 Cal.,
564].
Intent to gain. Crim. Law. The intent to obtain from the appropriation
of the thing some utility, advantage or benefit. [Gregorio, Fund. of
Crim. Law Rev., 1997 9th Ed., p. 704].
Intent to kill. Crim. Law. A mental process, which may be inferred from
the nature of the weapon used, the place of the wound, the
seriousness thereof, and the persistence to kill the victim. [People v. Ty
Sui Wong, GR L-32529. May 12, 1978].
Inter alia. Lat. Among other things; for example; or, including. Legal
drafters would use it to precede a list of examples or samples covered
by a more general descriptive statement. Sometimes they use an inter
alia list to make absolutely sure that users of the document understand
that the general description covers a certain element (which was
covered in the general description anyway) without, in any way,
restricting the scope of the general element to include other things that
were not singled out in the inter alia list. [Duhaime's Legal Dict., 2004].
Interest rate per centum per annum. An interest rate that is accrued
solely upon the unpaid balance of any loan principal which has actually
been advanced to a borrower and upon any interest payment which has
become due or been deferred and has not been paid by the borrower;
computed on an annual basis. [Sec. 3, PD 269].
Interest rei publicae ut finis sit litium. Lat. The interest of the State
demands that there be an end to litigation. [Henson v. Dir. of Lands, 37
Phil. 912, 917, Mar. 26, 1918].
Intl. Law Reviewer, 1996 Ed., p. 61]. 2. Those waters inland of the
baseline of a state's territorial sea. [Intl. Law Dict. & Direct., 2004].
Intertemporal law. Intl. Law. The legal rule that the validity of a
state's action is determined by the accepted rule of international law at
the time the action was taken and not by a rule of law adopted later.
[Intl. Law Dict. & Direct., 2004].
Inter vivos. Lat. From one living person to another living person.
[Duhaime's Legal Dict., 2004].
Intestate heirs. Also Legal heirs. Those who inherit by their own
right, and those who inherit by the right of representation. [Rosales v.
Rosales, GR L-40789. Feb. 27, 1987].
or unlawful; (c) that the threat be real or serious, there being evident
disproportion between the evil and the resistance which all man can
offer, leading to the choice of doing that act which is forced on the
person to do as the lesser evil; and (d) that it produces a
well-grounded fear from the fact that the person from whom it comes
has the necessary means or ability to inflict the threatened injury to his
person or property. [Lichauco de Leon v. CA, GR 80965, 186 SCRA 345
(1990)].
Intra vires act. Corp. Law. An act which is within the express, implied
or incidental powers of the corporation. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 277]. Compare with Ultra vires act.
Introduction. Bringing species into the wild that is outside its natural
habitat. [Sec. 5, RA 9147].
Invalid delegation. If there are gaps in the law that will prevent its
enforcement unless they are first filled, the delegate will then have
been given the opportunity to step in the shoes of the legislature and
exercise a discretion essentially legislative in order to repair the
omissions. [Guingona v. Carague, GR 94571. Apr. 22, 1991. citing Cruz,
Phil. Pol. Law, pp. 97-99, 1987 Ed.].
Ipso facto. Lat. By the fact itself; by the mere fact. [Angara v. Gorospe,
GR L-9230. Apr. 22, 1957].
Iron curtain rule. Succession 1. The rule that an illegitimate child has
no right to inherit ab intestato from the legitimate children and relatives
of his father or mother; nor shall such children or relatives inherit in the
same manner from the illegitimate child. [Art. 992, CC]. 2. The rule
enunciated under Art. 992 of the Civil Code that provides a barrier or
iron curtain in that it prohibits absolutely a succession ab intestato
between the illegitimate child and the legitimate children and relatives
of the father or mother of said illegitimate child. They may have a
natural tie of blood, but this is not recognized by law for the purpose of
Art. 992. Between the legitimate family and the illegitimate family there
is presumed to be an intervening antagonism and incompatibility. The
illegitimate child is disgracefully looked down upon by the legitimate
family; and the family is in turn, hated by the illegitimate child; the
latter considers the privileged condition of the former, and the
resources of which it is thereby deprived; the former, in turn, sees in
the illegitimate child nothing but the product of sin, palpable evidence
of a blemish broken in life; the law does no more than recognize this
truth, by avoiding further ground of resentment. [Diaz v. IAC, GR
66574. Feb. 21, 1990, citing 7 Manresa 110]. Also known as Rule of
barrier between the legitimate family and the illegitimate
family. See also Rule of barrier between the legitimate family
and illegitimate.
Irresistible force. One that must produce such an effect upon the
individual that, in spite of all resistance, it reduces him to a mere
instrument and, as such, incapable of committing a crime. [People v.
Fernando, GR L-24781. May 29, 1970].
Irresistible impulse test. The test under which a person acts under an
irresistible impulse when, by reason of duress or mental disease, he has
lost the power to choose between right and wrong, to avoid the act in
question, his free agency being at the time destroyed. [People v.
Dungo, GR 89420. July 31, 1991]. Compare with Delusion impulse
test and Right and wrong test.
Isang dipa. Tag. One arm's length. [People v. Bustos, GR 35475. Mar.
16, 1989].
Isip-bata. Tag. One who thinks like a child despite his age. [People v.
Antonio, GR 107950. June 17, 1994].
Islamic law. The law according to the Muslim faith and as interpreted
from the Koran. Islamic law is probably best known for deterrent
punishment, which is the basis of the Islamic criminal system and the
fact that there is no separation of church and state. Under Islamic law,
the religion of Islam and the government are one. Islamic law is
controlled, ruled and regulated by the Islamic religion. [Duhaime's Legal
Dict., 2004].
Items in a bill. The particulars, the details, the distinct, and several
parts of the bill. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005),
p. 134].
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Ius commune. General law that applies where statute does not. It
usually applies in both jurisdictions so that a question of conflict does
not apply. It is also a common source of law used in arbitration
proceedings. [Tetley, Glossary of Conflict of Laws, 2004].
Iyot ni inam. Ilok. The first word refers to the actual sexual act and the
rest refer to mother. Combined the term would be more derogatory
than the Tagalog expression "Putang-ina mo." [People v. Rapanut, GR
106817. Oct. 24, 1996].
-J-
Jaundice. A morbid condition characterized by yellowness of the eyes,
skin and urine, constipation and loss of appetite. [Vda. De Tumolva v.
ECC, GR L-46187. Jan. 16, 1986, citing Maloy, Medical Dict. for
Lawyers, 2nd Ed., p. 334].
chassis or cowl chassis and locally customized rear body that has
continuous sideway row seats with open rear door and without
retractable glass windows. [RA 9224].
Jeopardy. Crim. Law. The peril in which an accused is placed when put
on trial before a court of competent jurisdiction upon an indictment or
information which is sufficient in form and substance to sustain a
conviction. [People v. Vergara, GR 101557-58. Apr. 28, 1993].
Job. All the tasks carried out by a particular person in the completion of
7his prescribed duties. [Sec. 1, Rule 1, Book 2, IRR of LC].
special rules; (c) Where the causes of action are between the same
parties but pertain to different venues or jurisdictions, the joinder may
be allowed in the RTC provided one of the causes of action falls within
the jurisdiction of said court and the venue lies therein; and (d) Where
the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction.
Joinder of causes of action. Requisites: (a) It will not violate the rules
on jurisdiction, venue and joinder of parties, and (b) the causes of
action arise out of the same contract, transaction or relation between
the parties, or are for demands for money or are of the same nature
and character. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996].
Joint and several. In obligation, the term means solidary where each
one of the debtors may be held liable for the entire obligation. [Torres,
Oblig. & Cont., 2000 Ed., p. 351].
Joint and several liability. 1. A legal doctrine that makes each of the
parties who are responsible for an injury, liable for all the damages
awarded in a lawsuit if the other parties responsible cannot pay.
[Gacayan v. Leao, GR L-33754. Mar. 28, 1983]. 2. The obligation
assumed by several persons where each of the debtors is answerable
for the whole obligation with the right to seek contribution from his
co-debtors. [Phil. Intl. Surety v. Gonzales, GR L-15868. Oct. 31, 1961].
3. Liability of more than one person for which each person may be sued
for the entire amount of damages done by all. [Duhaime's Legal Dict.,
2004].
Joint and several note. One in which the makers bind themselves both
jointly and individually to the payee so that all may be sued together
for its enforcement, or the creditor may select one or more as the
object of the suit. [Rep. Planters Bank v. CA, GR 93073. Dec. 21,
1992].
Joint custody. A child custody decision which means that both parents
shall share joint legal custody and joint physical custody. [Duhaime's
Legal Dict., 2004].
Joint debtor. One who is an indispensable party with respect to his own
share and a necessary party with respect to the share of others.
Compare with Solidary co-debtors.
Joint liability. Where the joint obligor has the right to insist that the
co-obligor be joined as a co-defendant, and that the co-obligor be sued
jointly. In other words, where two or more parties share liabilities.
[Tetley, Glossary of Conflict of Laws, 2004].
Joint trial. A trial where the offenses charged are similar, related, or
connected, or are of the same or similar character or class, or involve
or arose out of the same or related or connected acts, occurrences,
transactions, series of events, or chain of circumstances, or are based
on acts or transactions constituting parts of a common scheme or plan,
or are of the same pattern and committed in the same manner, or
where there is a common element of substantial importance in their
commission, or where the same, or much the same, evidence will be
competent and admissible or required in their prosecution, and if not
joined for trial the repetition or reproduction of substantially the same
testimony will be required on each trial. [Palanca v. Querubin, GR
L-29510-31. Nov. 29, 1969, citing 23 CJS, pp. 680-681].
Joy ride. Driving for the purpose of enjoyment or for a "frolic of ones
own. [Filamer Christian Institute v. IAC, GR 75112. Aug. 17, 1992].
Judge de facto. A person who has the reputation of being the officer he
assumes to be and yet is not a good officer in point of law because
there exists some defect in his appointment or his right to exercise
judicial functions at the particular time [Luna v. Rodriguez, 37 Phil. 186,
p. 192].
Judgment for credit. Rem. Law. A judgment for back rentals, for the
purpose of applying the legal rate of interest. [Morenos Law Dict., 2000
Ed., p. 249].
Judicial and Bar Council (JBC). A body created under the supervision
of the Supreme Court, composed of the Chief Justice as ex officio
Chairman, the Sec. of Justice, and representatives of the Congress as
ex officio Members, a representative of the Integrated Bar, a professor
of law, a retired Member of the Supreme Court, and a representative of
the private sector. It has the principal function of recommending
appointees to the judiciary. [Sec. 8, Art. VIII, 1987 Phil. Const.].
Judicial compensation. This takes place when the court permits the
counterclaim of the defendant as against the claim of the plaintiff.
[Torres, Oblig. & Cont., 2000 Ed., p. 141].
Judicial notice. Requisites: (a) The matter must be one of common and
general knowledge; (b) it must be well and authoritatively settled and
not doubtful or uncertain; and (c) it must be known to be within the
limits of the jurisdiction of the court. [State Prosecutors v. Muro, AM
RTJ-92-876. Sep. 19, 1994, citing 20 Am. Jur., Evidence, Sec. 17, 48].
Judicial period. The period is fixed by the courts. [Diaz, Bus. Law Rev.,
1991 Ed., p. 16].
Judicis est jus dicere, non dare. Lat. It is the duty of a judge to
declare the law, not to make it. [Morenos Law Dict., 2000 Ed., p. 252].
Junior lien. Lien which is subordinate to prior lien. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 442]. Compare with Senior lien.
Jure. Lat. From Roman law: by right, under legal authority or by the
authority of the law. A variation, juris means of right" or "of the law."
[Duhaime's Legal Dict., 2004].
Juridical or legal tie. The vinculum or the link which binds the parties
to an obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 24].
Juridical persons. The following are juridical persons: (a) The State
and its political subdivisions; (b) other corporations, institutions and
entities for public interest or purpose, created by law; their personality
begins as soon as they have been constituted according to law; and (c)
corporations, partnerships and associations for private interest or
purpose to which the law grants a juridical personality, separate and
distinct from that of each shareholder, partner or member. [Art. 44,
CC].
Jurisdiction. From Lat. Jus dicere. The right to speak. 1. The power
and authority to hear, try, and decide a case; it does not depend on the
regularity of the exercise of that power. [Herrera v. Barreto, 25 Phil.
245 (1913); Century Ins. v. Fuentes, 2 SCRA 1168 (1961)]. 2. The
power or authority of a court to hear and try a case; the geographic
area in which a court has power or the types of cases it has power to
hear. [Glossary of Legal Terms (Pro-Se), 2004]. 3. International Law.
The right of a State to exercise authority over persons and things within
its boundaries subject to certain exceptions. Thus, a State does not
assume jurisdiction over traveling sovereigns, ambassadors and
diplomatic representatives of other States, and foreign military units
stationed in or marching through State territory with the permission of
the latter's authorities. [Hongkong & Shanghai Banking Corp. v.
Sherman, GR 72494. Aug. 11, 1989, citing J. Salonga, Private Intl. Law,
1981, pp. 37-38]. Compare with Venue.
Jurisdictional facts. Those facts which would give the court jurisdiction
over the proceedings, such as residence of the minor or incompetent,
or the location of his property, or the residence of the person desiring
to adopt. [Morenos Law Dict., 2000 Ed., p. 253].
Jury. A certain number of men and women selected according to law and
sworn to try a question of fact or indict a person for public offense.
[Jurists Legal Dict., 2004].
Jus. Lat. Word which, in Roman law, means the law or a right. Also
spelled Jus in some English translations. [Duhaime's Legal Dict., 2004].
Jus abutendi. Lat. The right to consume the thing by its use.
[Claridades, A., Compilation of Notes, 2001-2006].
Jus ad bellum. Lat. The right to initiate war. The rights of states to start
wars. [Intl. Law Dict. & Direct., 2004].
Jus ad rem. Lat. A real right. [Morenos Law Dict., 2000 Ed., p. 253].
Jus alienis rebus utendi fruendi salva rerum substantia. Lat. The
right to enjoy the property of another with the obligation of preserving
its form and substance. [Vda. De Barreto v. Mapa, GR 45475. Nov. 16,
1937].
Jus civile. Lat. Civ. Law. The Roman law applied to Roman citizens.
[Intl. Law Dict. & Direct., 2004].
Jus commune. Lat. The common right. Law based on Roman law,
canon law, and the interpretations of glossators and commentators,
and common to Europe at the beginning of the Renaissance. [Intl. Law
Dict. & Direct., 2004].
Jus contra bellum. Lat. Law on the prevention of war. [Dean Tupaz, 24
Hours Before the Bar (1st Ed. 2005), p. 91].
Jus dare. Lat. To make law or give law. [Office of Court Admin. V.
Pascual, AM MTJ-93-783. July 29, 1996].
Jus dicere. Lat. To interpret the law. [Office of Court Admin. V. Pascual,
AM MTJ-93-783. July 29, 1996].
Jus fruendi. Lat. Right to receive the fruits. [Claridades, A., Compilation
of Notes, 2001-2006].
Jus gentiun. Lat. Law of nations. [Co Cham v. Tan Keh, GR L-5. Sep.
17, 1945]. The Roman law applied to dealings between non-Romans as
well as to dealings between Romans and non-Romans. [Intl. Law Dict.
& Direct., 2004].
Jus imperii. Lat. The right of eminent domain exercised by the State.
[Rep. v. Sandiganbayan, GR 90478. Nov. 21, 1991].
Jus in bello. Lat. The law during war. The law regulating combat or the
waging of war. [Intl. Law Dict. & Direct., 2004].
Jus in re. Lat. A real right. [Morenos Law Dict., 2000 Ed., p. 254].
Jus naturale. Lat. Natural law. Law inherent in nature that may be
ascertained by reason. [Intl. Law Dict. & Direct., 2004].
Jus postlimini doctrine. The doctrine holding that when a territory has
been occupied by the enemy comes again into the power of the state
during the progress of a war through conquest or otherwise, the legal
state of the things existing prior to the hostile occupation is
re-established. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 36, citing
Aruego, Intl. Law].
Jus suum quique tribuere. Lat. To render to every man his due. [In
re: Jurado, AM 93-2-037 SC. Apr. 6, 1995].
Just. A very short time ago. [Umil v. Ramos, GR 81567. Oct. 3, 1991].
Just compensation. The full and fair equivalent of the property sought
to be expropriated. The measure is not the taker's gain but the owner's
loss. The compensation, to he just, must be fair not only to the owner
but also to the taker. Even as undervaluation would deprive the owner
of his property without due process, so too would its overvaluation
unduly favor him to the prejudice of the public. [Berkenkotter v. CA, GR
89980. Dec. 14, 1992].
Just debts. Those claims the existence and justness of which are
admitted by the debtor. [Uy v. Magallanes, Jr., AM P-00-1421, Apr. 11,
2002].
Jus utendi. Lat. The right to receive from the thing what it produces.
[Claridades, A., Compilation of Notes, 2001-2006].
Jus vindicandi. Lat. The right to recover. [Suarez, Intro. to Law, 1995
3rd Ed., p. 83].
Jus vitae ac necis. Lat. The right of life and death. [Espiritu v. Ca, GR
115640. Mar. 15, 1995].
-K-
Kadyut lang. Vis. For a moment. [People v. Lo-ar, GR 118935. Oct. 6,
1997].
Katuwaan. Tag. Pure deviltry. [Morenos Law Dict., 2000 Ed., p. 255].
Keeper, watchman and visitor of opium den. Crim. Law. The felony
committed by: 1. anyone who shall act as a keeper or watchman of a
dive or resort where any prohibited drug is used in any manner
contrary to law; and 2. any person who, not being included in the
provisions of Art. 190 of the Rev. Penal Code, shall knowingly visit any
dive or resort of the character referred to therein. [Art. 191, RPC].
Kilberg doctrine. Conf. of Laws. A rule to the effect that the forum is
not bound by the law of the place of injury or death as to the limitation
on damages for wrongful act because such rule is procedural and hence
the law of the forum governs on this issue. [Agpalo, Conflict of Laws, p.
6].
Kilogram. The base unit of mass which is equal to the mass of the
international prototype of the kilogram, made of platinum-iridium, the
standard of which is kept at the Bureau of International Weights and
Measures at Sevres, France. [Sec. 4, BP 8].
Kinilaw. Tag. Raw fish salad. [People v. Carcedo, GR 48085. June 26,
1991].
-L-
Label or labeling. The display of written, printed or graphic matter on
any consumer product its immediate container, tag, literature or other
suitable material affixed thereto for the purpose of giving information
as to identify, components, ingredients, attributes, directions for use,
specifications and such other information as may be required by law or
regulations. [Art. 4, RA 7394].
Labia minora. Legal Med. Also called Nymphae. The cutaneous folds
which lie medial to the labia majora and are soft, pinkish and in close
contact with one another, with a narrow vestibule. [Olarte, Legal Med.,
1st Ed. (2004), p. 123].
Labo doctrine. Election Law. The rule (declared by the Supreme Court
in the case of Labo v. Comelec, GR 105111. July 3, 1992) that the
ineligibility of a candidate receiving majority of votes does not entitle
the eligible candidate receiving the next highest number of votes to be
declared elected. A minority or defeated candidate cannot be deemed
elected to the office. In other words, the votes cast for an ineligible or
disqualified candidate cannot be considered stray. [Ang Bagong
Bayani OFW Labor Party v. Comelec, GR 147589, June 25, 2003].
Compare with Grego doctrine.
Labor in hooking. The term can consist only of attaching the hook of
the derrick's boom to the sling or net holding a cargo in order that said
cargo may be lifted into the carrying vessel. The "labor in hooking"
could then conceivably require the services of one person to do the
attaching of the hook to the net or sling. [First Plywood Corp. v. CA, GR
84460. Nov. 13, 1992].
Labor relations law. The law which defines the status, rights and
duties, and the institutional mechanisms, that govern the individual and
collective interactions of employers, employees or their representatives.
[Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed.
1999, p. 7].
Labor standards law. The law which sets out the minimum terms,
conditions and benefits of employment that employers must provide or
comply with and to which employees are entitled as a matter of legal
right. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th
Ed. 1999, p. 7].
Lacerated wound. Tear of the skin due to forcible contact with a blunt
instrument. The edges of the wound are irregular and do not
correspond with the wounding instrument. It is usually accompanied
with varying degrees of swelling and contusion. [Morenos Law Dict.,
2000 Ed., p. 259].
Lack of cause of action. Civ. Pro. The situation where the evidence
(which) does not sustain the cause of action alleged is raised in a
demurrer to evidence under Rule 33 (of the Rules of Court) after the
plaintiff has rested his case and can be resolved only on the basis of
the evidence he has presented in support of his claim. [Domondon v.
Lopez, AM RTJ-02-1696, June 20, 2002]. Compare with Failure to
state a cause of action.
Lack of legal capacity to sue. The term means either that the plaintiff
does not have the necessary qualifications to appear in the case, or
when he does not have the character or representation which he
claims, as, when he is not a duly appointed executor or administrator of
the estate he supports to represent or that the plaintiff is not a
corporation duly registered in accordance with law. [Recreation and
Amusement Assoc. of the Phils. v. City of Manila, GR L-7922. Feb. 22,
1957, citing I Moran's Comments on the RoC, p. 168, 1952 Ed.].
Lagoon. A small lake, ordinarily of fresh water, and not very deep,
fed by floods, the hollow bed of which is bounded by elevations of land.
[Govt. of the Phil. v. Colegio de San Jose, GR 30829. Aug. 28, 1929,
citing Enciclopedia Juridica Espaola, Vol. XXI, pp. 124 and 125]
Land. The lot leased by one who owns the dwelling thereon and used
principally for such dwelling and not mainly for business. [Sec. 2, RA
6359]. [Sec. 2, RA 6126].
Land exchange. The process of bartering land for another piece of land
and/or shares of stock of equal value in a government or
quasi-government corporation. [Sec. 3, PD 1517].
Landing fees. All charges for the use of any landing strip or runway by
any aircraft landing or taking off at the airport. [Sec. 3, RA 224].
Landlocked state. A state that has no seacoast. [Intl. Law Dict. &
Direct., 2004].
Landlord. A land or building owner who has leased the land, the
building or a part of the land or building, to another person. [Duhaime's
Legal Dict., 2004].
Land Registration Act. Act 496 which took effect Jan. 1, 1903. [Bagsa
v. Nagramada, GR 4383. Aug. 31, 1908].
Land use. The manner of utilizing the land, including its allocation,
development and management. [Sec. 4, RA 8435].
Lateran Treaty. Intl. Law. 1. The treaty entered into in 1929 by and
between Italy and the Holy See, where Italy recognized the exclusive
dominion and sovereign jurisdiction of the Holy See over the Vatican
City. It also recognized the right of the Holy See to receive foreign
diplomats, to send its own diplomats to foreign countries, and to enter
into treaties according to International Law. [Garcia, Questions and
Problems in Intl. Law, Public and Private 81 (1948)]. 2. It established
the statehood of the Vatican City "for the purpose of assuring to the
Holy See absolute and visible independence and of guaranteeing to it
indisputable sovereignty also in the field of international relations.
[O'Connell, I Intl. Law 311 (1965)].
Lawful means. The means employed (in the exercise of police power)
which are reasonably necessary to the attainment of the object sought
to be accomplished and not unduly oppressive upon individuals. [DECS
v. San Diego, GR 89572. Dec. 21, 1989].
Lawful subject. The interests of the public generally (in the exercise of
police power), as distinguished from those of a particular class, which
require the interference of the State. [DECS v. San Diego, GR 89572.
Dec. 21, 1989].
Law of the flag. The conflict of laws rule, still found in many national
laws and international conventions, which subjected various maritime
law matters to the law of the flag or port of registry of the ship. The
concept bore the imprint of nineteenth-century theories of the law of
the citizen, espoused by Napoleon Bonaparte and Mancini. Today, the
emergence of flags of convenience, double-flagging, flagging out, and
the increasing insistence in many international conventions on a
genuine link between the flag and the ship, have reduced the
importance of the law of the flag to merely one contact, or connecting
factor, among others in maritime conflicts of law. [Tetley, Glossary of
Conflict of Laws, 2004].
paragraph of article three, invoked the law of the citizen for questions
of status and capacity. Mancini advanced the lex patriae theory further
in the second half of the nineteenth century. The law of the flag, as a
concept, was very similar to the concept of the law of the citizen, or
person, of Napoleon and Mancini. [Tetley, Glossary of Conflict of Laws,
2004].
Law society. Group of individuals interested in the law. [Intl. Law Dict.
& Direct., 2004].
Lay days. The days that a charterer may keep a chartered ship idle for
the loading of goods. [Intl. Law Dict. & Direct., 2004].
Ledger. A book of final entry to which are posted the classified accounts
or items of all transactions entered in the journal or its equivalent.
[Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev.
Ed., p. 34].
Legal capacity to sue. It refers to the fact that a party is not suffering
from any disability such as minority, insanity, covertures, lack of
juridical personality, incompetence, civil interdiction or does not have
the character or representation which he claims or with respect to
foreign corporation, that it is doing business in the Philippines with a
license. [Bench Book for Trial Court Judges, p. 2-19].
Legal capital. Corp. Law. The amount equal to the aggregate par value
and/or issued value of the outstanding capital stock. [De Leon, Corp.
Code of the Phil. Annotated, 1989 Ed., pp. 53-54].
Legal custody. A child custody decision which entails the right to make,
or participate in, the significant decisions affecting a child's health and
welfare. [Duhaime's Legal Dict., 2004].
Legal duty. In libel, a provision of law conferring upon the accused the
duty to communicate. [Morenos Law Dict., 2000 Ed., p. 265].
Legal ethics. The branch of moral science which treats of the duties
which an attorney owes to the court, to his client, to his colleagues in
the profession and to the public. [Malcolm, Legal and Judicial Ethics].
Legal heirs. The term is used in Sec. 119 of the Public Land Act in a
generic sense. It is broad enough to cover any person who is called to
the succession either by provision of a will or by operation of law. Thus,
legal heirs include both testate and intestate heirs depending upon
whether succession is by the will of the testator or by law. Legal heirs
are not necessarily compulsory heirs but they may be so if the law
reserves a legitime for them. [Madarcos v. Dela Merced, GR 39975.
June 30, 1989]. See Intestate heirs.
Legal impossibility. Crim. Law. This occurs where the intended acts,
even if completed, would not amount to a crime. Legal impossibility
would apply to those circumstances where: (a) the motive, desire and
expectation is to perform an act in violation of the law; (b) there is
intention to perform the physical act; (c) there is a performance of the
intended physical act; and (d) the consequence resulting from the
intended act does not amount to a crime. [Intod v. CA, GR 103119.
Oct. 21, 1992].
Legal interest. That rate of interest fixed by law at 12% per annum
which will prevail in the absence of any special agreement as to the
rate between the parties. [Martin, Commentaries and Jurisp. on Comml.
Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Lawful interest.
Legal liability. The state of one who is bound in law and justice to do
something which may be enforced by action. [Morenos Law Dict., 2000
Ed., p. 266].
Legal name. The full first Christian name and surname. [Morenos Law
Dict., 2000 Ed., p. 266].
Legal offer. A proposal which must be certain as to the object, the price
and other essential terms of the contract. [Art. 1319, CC].
Legal order. The authoritative code of a polity. Such code consists of all
the rules found in the enactments of the organs of the polity. Where
the state operates under a written constitution, its organs may be
readily determined from a reading of its provisions. Once such organs
are ascertained, it becomes an easy matter to locate their enactments.
The rules in such enactments, along with those in the constitution,
comprise the legal order of that constitutional state. [In Re: Puno, AM
90-11-2697-CA. June 29, 1992].
which has subsequently lost its validity; (b) when the will does not
institute an heir to, or dispose of all the property belonging to the
testator. In such case, legal succession shall take place only with
respect to the property of which the testator has not disposed; (c) if
the suspensive condition attached to the institution of heir does not
happen or is not fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no substitution, and no right of
accretion takes place; (d) when the heir instituted is incapable of
succeeding, except in cases provided in the Civil Code. [Art. 960].
Compare with Testamentary succession.
Legal ownership. The title of one who has the naked ownership.
[Morenos Law Dict., 2000 Ed., p. 266].
Legal period. The period is fixed by law. [Diaz, Bus. Law Rev., 1991
Ed., p. 16].
Legal possessor. 1. One who, but for the reservation of strict legal title
in the conditional vendor, or giving of a strict legal title in a conditional
vendor, or the giving of a strict legal title to a chattel mortgagee, would
have the status of a full and unqualified owner. 2. One who can do all
acts of ownership or acts of strict dominion except that he does not
have strict legal title over the property. [Morenos Law Dict., 2000 Ed.,
p. 266].
Legal separation. The separation of the husband and wife from bed
and board without having the marriage bond severed. [Claridades, A.,
Compilation of Notes, 2001-2006].
Legal separation, petition for. Grounds for denial: (a) Where the
aggrieved party has condoned the offense or act complained of; (b)
where the aggrieved party has consented to the commission of the
offense or act complained of; (c) where there is connivance between
the parties in the commission of the offense or act constituting the
ground for legal separation; (d) where both parties have given ground
for legal separation; (e) where there is collusion between the parties to
obtain decree of legal separation; or (f) where the action is barred by
prescription. [Art. 56, FC].
Legal tender. 1. That currency which has been made suitable by law for
the purposes of a tender of the payment of debts. [Peralta v. Serrano,
GR L-16523. Nov. 29, 1960, citing 2 Bouvier's Law Dict. (3rd Rev.)
1912]. 2. That currency which a debtor can legally compel a creditor to
accept in payment of a debt both private and public. [Diaz, Bus. Law
Rev., 1991 Ed., p. 40].
Legal title. Title of one who has the naked ownership. [Morenos Law
Dict., 2000 Ed., p. 267].
Legation, right of. Intl. Law. The right of a state to maintain diplomatic
relations with other states. The right to send diplomatic representatives
is know as the active right of legation while the right to receive
diplomatic representatives is known as the Passive right of legation.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 81].
Legislation. The act of giving or enacting laws; the power to make laws
via legislation in contrast to court-made laws. [Glossary of Legal Terms
(Pro-Se), 2004].
Legitimation. Requisites: (a) That the child be a natural child; (b) that
he be recognized by both parents either before or after a valid
marriage; and (c) that there be a subsequent valid marriage of the
parents [De Santos v. Angeles, GR 105619. Dec. 12, 1995, citing Paras,
Civil Code of the Phil. Annotated, 1984 Ed. Vol. I, p. 651].
Lesbian. Also Tribadist. Legal Med. A woman homosexual who has the
secret desire to make love with another woman and most of whom
have antipathy towards men. [Olarte, Legal Med., 1st Ed. (2004), p.
113].
Lesion. 1. Civ. Law. Any damage suffered by reason of the fact that the
price is unjust or inadequate. [Diaz, Bus. Law Rev., 1991 Ed., p. 75]. 2.
Legal Med. Any change in the structure of an organ due to injury or
disease, whether apparent or diagnosed as the cause of a functional
irregularity or disturbance. 2. Civ. Law. The injury suffered by one who
does not receive a full equivalent for what he has given in a
commutative contract. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 469].
Lesiones menos graves. Sp. Less grave physical injuries. [US v. Perez,
GR 11451. Oct. 19, 1916].
Less grave felonies. Those felonies which the law punishes with
penalties which in their maximum period are correctional, in accordance
with Art. 25 of the Rev. Penal Code. [Art. 9, RPC].
before the former, a witness who is within the jurisdiction of the judge
or court to whom such letters are addressed. [Dasmarias Garments v.
Reyes, GR 108229. Aug. 24, 1993, citing Feria, J., Civil Procedure, 1969
ed., p. 635].
Lex causae. Lat. The law applicable to the case. [Tetley, Glossary of
Conflict of Laws, 2004].
Lex contractus. Lat. he proper law of the contract. The law that
governs the enforcement of a contract and the intrinsic validity of its
provisions. [Morenos Law Dict., 2000 Ed., p. 270].
Lex de futuro, judex de prterito. Lat. The law provides for the
future, the judge for the past. [Laceste v. Santos, GR 36886. Feb. 1,
1932].
Lex delationes semper exhorret. Lat. The law always abhors delays.
[Medija v. Patcho, GR L-30310. Oct. 23, 1984].
Lex fori. Lat. 1. The law of the forum. [Tetley, Glossary of Conflict of
Laws, 2004]. 2. The internal law of the forum governs matters of
remedy and procedure such as those relating to the service of process
upon a defendant. [Northwest Orient Airlines v. CA, GR 112573. Feb. 9,
1995, citing Salonga, Private Intl. Law, 100, 1967 3rd Ed.].
Lex loci actus. Lat. The law of the place where the act was done.
[Agpalo, Conflict of Laws, p. 5].
Lex loci celebrationis. Lat. The principle that applies the law of the
place where the contract was executed as far as the formalities and
solemnities (extrinsic validity) are concerned. [Claridades, A.,
Compilation of Notes, 2001-2006].
Lex loci contractus. Lat. The law of the place of conclusion of the
contracting. [Tetley, Glossary of Conflict of Laws, 2004].
Lex loci damni. Lat. The law of the place where the injury occurs. In
other words, if an injury appears in another country, the laws of that
country governs, provided that the tortfeasor should have foreseen that
the damage would occur there. [Tetley, Glossary of Conflict of Laws,
2004].
Lex loci delicti. Lat. The law of the place of the tort or delict. [Tetley,
Glossary of Conflict of Laws, 2004].
Lex loci delicti commissi. Lat. The law of the place where the delict
was committed. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 390].
Lex loci delictus. Lat. The law of the place where the offense or wrong
took place. [Agpalo, Conflict of Laws, p. 5].
Lex loci dimicillii. Lat. The law of the place of domicile of a person.
[Agpalo, Conflict of Laws, p. 6].
Lex loci intentionis. Lat. The law intended by the parties expressly or
implicitly. [Morenos Law Dict., 2000 Ed., p. 271].
Lex loci solutionis. Lat. The law of the place of performance of the
contract. [Tetley, Glossary of Conflict of Laws, 2004].
Lex loci rei sitae. Lat. The law of the place where a thing is situated.
[Agpalo, Conflict of Laws, p. 6]. Also Lex situs.
Lex nationalii. Lat. The concept that citizenship is the basis for
determining the personal law applicable. [Claridades, A., Compilation of
Notes, 2001-2006].
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Lex non requirit verificari quod apparet curiae. Lat. The law does
not require that to be verified which is apparent to the court. [Morenos
Law Dict., 2000 Ed., p. 271].
Lex prospicit, non respicit. Lat. The law looks forward not backward.
[Claridades, A., Compilation of Notes, 2001-2006].
Lex rei sitae. Lat. The rule that real or personal property is subject to
taxation in the state in which it is located, whether the owner is a
resident or non-resident thereof. [De Leon, Fundamentals of Taxation,
2000 Ed., p. 48].
Lex semper intendit quod convenit rationi. Lat. The law always
intends that which is in accordance with reason. [Morenos Law Dict.,
2000 Ed., p. 271].
Lex situs. Lat. The applicable law regarding the acquisition, transfer and
devolution of the title to property (which) is the law where the property
is located. [Agpalo, Conflict of Laws, p. 5].
Liability. Any legal obligation, either due now or at some time in the
future. It could be a debt or a promise to do something. [Duhaime's
Legal Dict., 2004].
Liability. Sources: (a) Delay; (b) fraud; (c) negligence; and (d)
contravention of the tenor of the obligation. [Art. 1170, CC].
Liability of state for damages. The liability of the State has two
aspects, namely: (a) its public or governmental aspects where it is
liable for the tortious acts of special agents only; (b) its private or
business aspects (as when it engages in private enterprises) where it
becomes liable as an ordinary employer. [Paras, Civil Code of the Phil.
Libel, persons responsible for. Crim. Law. (a) Any person who shall
publish, exhibit, or cause the publication or exhibition of any
defamation in writing or by similar means, shall be responsible for the
same; (b) the author or editor of a book or pamphlet, or the editor or
business manager of a daily newspaper, magazine or serial publication,
shall be responsible for the defamations contained therein to the same
extent as if he were the author thereof; and (c) Owner of the printing
plant which published the libelous article and all other persons who in
any way participated in or have connection with its publication. [Art.
360, RPC, as amended].
Liberty of abode and travel. Const. Law. The right of a person to have
his home or to maintain or change his home, dwelling, residence or
habitation in whatever place he has chosen, within the limits prescribed
by law and to go where he pleases without interference from anyone,
except in the interest of national security, public safety or public health,
as may be provided by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
p. 175].
Lifeblood theory. The theory that taxes are the lifeblood of the
government and so should be collected without unnecessary hindrance.
On the other hand, such collection should be made in accordance with
law as any arbitrariness will negate the very reason for government
itself. It is therefore necessary to reconcile the apparently conflicting
interests of the authorities and the taxpayers so that the real purpose
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Life estate. A right to use and to enjoy land and/or structures on land
only for the life of the life tenant. The estate reverts back to the
grantor (or to some other person), at the death of the person to whom
it is given. [Duhaime's Legal Dict., 2004].
Life imprisonment. Crim. Law. A penalty which does not carry with it
any accessory penalty, and does not appear to have any definite extent
or duration. [People v. Layno, GR 110833. Nov. 21, 1996]. Compare
with Reclusion perpetua.
Light coercions. Crim. Law. The felony committed by any person who,
by means of violence, shall seize anything belonging to his debtor for
the purpose of applying the same to the payment of the debt. [Art.
287, RPC].
Light penalties. The following are light penalties under the Rev. Penal
Code: Arresto menor, public censure, and fine, whether imposed as a
single of as an alternative penalty, which is less than 200 pesos. [Arts.
25-26, RPC].
Linear wounds. Wounds which are skin deep (and) could have been
caused by fingernails or any sharp grass. [People v. Almenario, GR
91491. Aug. 12, 1992].
Liquidation. The selling of all the assets of a debtor and the use of the
cash proceeds of the sale to pay off creditors. [Duhaime's Legal Dict.,
2004].
Littoral. The coastal region including both the land along the coast and
the water near the coast or the shore zone between the high and low
watermarks. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977].
Compare with Riparian.
Llave. Brass knuckle. [Manalaysay v. CA, GR 79946. Apr. 12, 1989]. Also
Llave llesa.
LL.B., LL.M. or LL.D. The Latin abbreviations for the three classes of
law degrees: the regular bachelor degree in law (LL.B.), the masters
degree in law (LL.M.) and the doctorate in law (LL.D.). [Duhaime's
Legal Dict., 2004].
Local action. Rem. Law. An action founded on privity of estate only and
there is no privity of contract. [Albano, Rem. Law Reviewer, 1st Ed., p.
71, citing Dela Cruz v. Seminary of Manila, 18 Phil. 330]. Compare with
Transitory action.
Locus criminis. Lat. The locality of a crime. The place where a crime
was committed. [Claridades, A., Compilation of Notes, 2001-2006].
Locus delicti. Lat. 1. The place which has the most substantial or
essential connection with the act [Paras, Phil. Conflict of Laws, 8th Ed.
(1996), p. 392]. 2. The place of the offense. The place where an
offense was committed. [Claridades, A., Compilation of Notes,
2001-2006].
Lodger. One who has merely the use without the actual or exclusive
possession of his room. [Morenos Law Dict., 2000 Ed., p. 279].
Long arm statute. Intl. Law. A law defining the conduct of a foreign
person within a state which will subject that person to the jurisdiction
of the state. [Intl. Law Dict. & Direct., 2004].
Loss. 1. Mar. Law. A situation where no delivery at all was made by the
shipper of the goods because the same had perished, gone out of
commerce, or disappeared in such a way that their existence is
unknown or they cannot be recovered. It does not include a situation
where there was indeed delivery but delivery to the wrong person,
or a misdelivery. [As defined in Art. 18, CC and as applied to Sec. 3 (6),
par. 4 of the Carriage of Goods by Sea Act]. 2. Ins. Injury or damage
caused by an accident for which the insurer may, under the provision of
the policy, be liable, though at that time the extent of the loss may not
be ascertainable. [Tiopianco, Commentaries & Jurisp. on the Ins. Code
of the Phil., 1999 Ed., p. 84-85, citing 7 Couch 5379].
Loss of the instrument; how shown. The loss may be shown: (a) by
any person who knew the fact of its loss; (b) by anyone who has made,
in the judgment of the court, a sufficient examination in the place or
places where the document or papers of similar character are usually
kept by the person in whose custody the document lost was, and has
been unable to find it; or (c) by anyone who has made any other
investigation which is sufficient to satisfy the court that the instrument
is indeed lost. [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915].
See also Execution and delivery of the document; by whom
established and Destruction of the instrument; how proved.
Loss of the thing due. A thing is considered lost when (a) it perishes,
or (b) goes out of commerce, or (c) it disappears in such a way that its
existence is unknown or it cannot be recovered. [Art. 1189 (2), CC].
Loss payable clause. Ins. A clause which entitles the loss payee to
collect from the policy to the extent of the credit. Stated otherwise, as
long as the insurable interest of the loss payee subsists, the mortgagor
has no right to collect on the policy to the extent of that credit.
[Morenos Law Dict., 2000 Ed., p. 280].
Lost things. Those things which are without a possessor, but are not
res nullius. [Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p.
496, citing Brugi, p. 227].
Lot line wall. A wall used only by the party upon whose lot the wall is
located, erected at a line separating two parcels of land each of which
is a separate real estate entity. [Sec. 3, BP 220].
Lottery. The term extends to all schemes for the distribution of prizes by
chance, such as policy playing, gift exhibitions, prize concerts, raffles at
fairs, etc., and various forms of gambling. [El Debate v. Topacio, GR
19982. Dec. 29, 1922, citing Horner v. US (1892)].
Low birth weight infant. A newborn weighing less than two thousand
five hundred (2,500) grams at birth. [Sec. 3, RA 7600].
Lucro cesante. Sp. Unrealized profit. Usually the price which the thing
could have commanded on the date the obligation should have been
fulfilled, but was not. [Associated Realty v. CA, GR L-18056. Jan. 30,
1965]. See also Dao emergente.
Lump sum. The present value of the basic monthly pensions for five
years discounted at a rate of interest to be determined by the GSIS but
not less than six percent per annum. [Sec. 2, PD 1146].
Lump sum contract. A contract (with) a lump sum price and is not
based upon the specified cost of a defined unit of work. [Baylen Corp.
v. CA, GR 76787. Dec. 14, 1987].
Lyceum. The Latin word for the Greek lykeion which in turn referred to a
locality on the river Ilissius in ancient Athens comprising an enclosure
dedicated to Apollo and adorned with fountains and buildings erected
by Pisistratus, Pericles and Lycurgus frequented by the youth for
exercise and by the philosopher Aristotle and his followers for teaching.
In time, the word Lyceum became associated with schools and other
institutions providing public lectures and concerts and public
discussions. Thus today, the word Lyceum generally refers to a school
or an institution of learning. While the Latin word Lyceum has been
incorporated into the English language, the word is also found in
Spanish (liceo) and in French (lycee). [Lyceum of the Phil. v. CA, GR
101897. Mar. 5, 1993].
-M-
Mabuhay. Tag. 1. Long live. [Claridades, A., Compilation of Notes,
2001-2006]. 2. Sparklers bunched into a bundle of a dozen pieces.
[Sec. 2, RA 7183].
Mail fraud orders. Orders designed to prevent the use of the mails as a
medium for disseminating printed matters which on grounds of public
policy are declared non-mailable. As applied to lotteries, gift enterprises
and similar schemes, justification lies in the recognized necessity to
suppress their tendency to inflame the gambling spirit and to corrupt
public morals. [Caltex (Phils.) Inc. v. Palomar, citing Com. v. Lund, 15
A. 2d., 839, 143 Pa. Super. 208].
Main canal. The channel where diverted water from a source flows to
the intended area to be irrigated. [Sec. 4, RA 8435].
Majority. The number greater than half or more than half of any total.
[Perez v. Dela Cruz, GR L-29458. Mar. 28, 1969, citing Webster's Intl.
Dict., Unabr.].
Maker. One who makes, promise and signs the instrument. [Claridades,
A., Compilation of Notes, 2001-2006]. See Payee.
Making and importing and uttering false coins. Crim. Law. The
felony committed by any person who makes, imports, or utters, false
coins, in connivance with counterfeiters, or importers. [Art. 163, RPC].
Maldito. Tag. A tough guy. [People v. Toring, GR 56358. Oct. 26, 1990].
Malicia. Sp. The term indicates what the ordinary use of the word
connotes, that the action complained of must be the result of a
deliberate evil intent and does not cover a mere voluntary act. [People
v. Malabanan, GR 43430. Jan. 7, 1936, citing 21 Enciclopedia Juridica
Espaola, p. 542].
Mandala. Tag. A big stack of palay. [Morenos Law Dict., 2000 Ed., p.
286].
Mandamus, writ of. Rem. Law. A writ which may issue to compel the
exercise of discretion but not to control it. Mandamus can require
action only but not specific action where the act sought to be
performed involves the exercise of discretion [Assoc. of Small
Landowners in the Phil. v. Sec. of Agrarian Reform, 175 SCRA 343,
citing Lamb v. Phipps, 22 Phil. 456].
along the sea coast, extending along streams where the water is
brackish. [Sec. 3, PD 705].
folk arts, providing funds therefor, and for other purposes enacted on
Apr. 3, 1992.
Manual rape. For lack of a more descriptive term, the term used to
refer to rape caused not by the penis but by the fingers. [People v.
Salomon, GR 96848. Jan. 21, 1994].
Manufacturing material. Any material such as, but not limited to,
optical grade polycarbonate or polycarbonate substitutes with physical
properties suitable for the manufacture of optical media. [Sec. 3, RA
9239].
Marine parks. Any off-shore area inhabited by rare and unique species
of marine flora and fauna. [Sec. 3, PD 705].
Maritime lien. A charge or claim against a vessel or its cargo. [Intl. Law
Dict. & Direct., 2004].
Mask. A covering for the face. [People v. Almenario, GR 66420. Apr. 17,
1989]. Compare with Hood.
Massage. A method wherein the superficial soft parts of the body are
rubbed or stroked or kneaded for remedial or aesthetic or hygienic
purposes. [Sec. 59, PD 856].
Matching. The judicious pairing of the adoptive child and the applicant
to promote a mutually satisfying parent-child relationship. [Sec. 3, RA
8043].
Material alteration. Nego Inst. Law. Any alteration which changes: (a)
the date; (b) the sum payable, either for principal or interest; (c) the
time or place of payment; (d) the number or the relations of the
parties; (e) the medium or currency in which payment is to be made;
(f) or which adds a place of payment where no place of payment is
specified, or any other change or addition which alters the effect of the
instrument in any respect, is a material alteration. [Sec. 125, NIL].
Material data rule. The rule in Sec. 6, Rule 41 of the Rules of Court to
the effect that where the trial court finds and declares in its order of
approval of a record on appeal that it was filed on time or within the
reglementary period and the correctness, accuracy and veracity of such
finding are not impugned, questioned or disputed by the adverse party,
the non-inclusion of a motion or order is not fatal and does not warrant
dismissal of the appeal since the appellate court may properly rely on
the trial court's order of approval and determination of timeless of
appeal. [Aznar v. CA, GR L-38134. Sep. 30, 1978].
Material fact. Ins. A fact which would affect the judgment of a prudent
underwriter in deciding whether to accept the risk and if so, at what
rate of premium and subject to what terms and conditions. [Tiopianco,
Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p.
41].
Material matter. The main fact which was the subject of the inquiry, or
any circumstance which tends to prove the fact, or any fact or
circumstance which tends to corroborate or strengthen the testimony
relative to the subject of the inquiry, or which legitimately affects the
credits of any witness who testifies. [US v. Estraa, GR 5751. Sep. 6,
1910, citing In Franklin Country 5 Ohio S. & c. Pl. Dec., 691].
Maternity leave benefits. The leave benefits of at least two (2) weeks
before and four (4) weeks after the delivery, miscarriage or abortion,
with full pay based on her regular or average weekly wages, granted by
the employer to a pregnant woman employee who has rendered an
aggregate service of at least six (6) months for the last twelve (12)
months immediately preceding the expected date of delivery, or the
complete abortion or miscarriage. [Art. 133, LC].
May be. The term connotes possibility; it does not connote certainty.
[Capati v. Ocampo, GR L-28742. Apr. 30, 1982].
Mayorazgo. Sp. From major natu, the first-born. The right to succeed
to the property left upon the condition that it be preserved perpetually
intact in the family and that it be transmitted in order of succession to
each next first-born. The confiding of the entailed properties to the
first-born in order that he may preserve them for the family and deliver
them to his successor. [Barretto v. Tuason, GR 23923. Mar. 23, 1926].
Meal period. Time-off given by the employers for the regular meals of
their employees which shall not be less than sixty minutes. [Art. 85,
LC].
amount claimed from the proceeds. [Morenos Law Dict., 2000 Ed., p.
291].
Medical Act of 1959, The. RA 2382 enacted on June 20, 1959 which
provides for and governs (a) the standardization and regulation of
medical education; (b) the examination for registration of physicians;
and (c) the supervision, control and regulation of the practice of
medicine in the Philippines.
any person who, in any official capacity, has acquired or may have
acquired such confidential information. [Sec. 4, RA 8496].
Member. Any person whose premiums have been regularly paid to the
National Health Insurance Program. He may be a paying member, or a
pensioner/retiree member. [Sec. 1, RA 9241].
Memo debet bis vexare pro una et eadem causa. Lat. No man shall
be twice vexed for one and the same cause. [Ex parte Lange, 18 Wall
163, 168; 21 Law Ed 872; U.S. v. Throckmorton, 98 U.S. 61; 25 Law
Ed. 93].
Mens rea. Lat. Guilty mind. 1. Many serious crimes require the proof of
mens rea before a person can be convicted. In other words, the
prosecution must prove not only that the accused committed the
offense but that he did it knowing that it was prohibited; that his act or
omission was done with an intent to commit a crime. [Duhaime's Legal
Dict., 2004]. 2. A guilty mind, a guilty or wrongful purpose or criminal
Mercenary. Intl. Law. A volunteer who, for monetary award, enters into
an agreement to fight for the armed forces of a foreign State or an
entity purporting to exercise authority over a country or people or part
thereof. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 611].
Merchandise. As used in Bulk Sales Law, things and articles which are
kept for sale by a merchant. [Morenos Law Dict., 2000 Ed., p. 293].
Merger. Corp. Law. 1. The union of two companies that results in the
continuation of the corporate existence and survival of one constituent
company and dissolution of the other. [Tiopianco, Commentaries &
Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. 2. The
absorption of one thing or right into another. [Glossary of Legal Terms
(Pro-Se), 2004]. See Confusion.
Merger rule. Intl. Law. Legal rule that the treaties in effect in a former
state remain in effect in its territory when it becomes part of a new
state. [Intl. Law Dict. & Direct., 2004].
Meter or metre. The base unit of length which is the length equal to 1
650 763.73 wavelengths in vacuum of the radiation corresponding to
the transition between the levels 2p 10 and 5d 5 of the krypton 86
atom. [Sec. 4, BP 8].
Migratory species. Any fishery species which in the course of their life
could travel from freshwater to marine water or vice versa, or any
marine species which travel over great distances in waters of the ocean
as part of their behavioral adaptation for survival and speciation. [Sec.
4, RA 8550].
Mill tailings. Materials whether solid, liquid or both segregated from the
ores during concentration/milling operations which has no present
economic value to the generator of the same. [Sec. 4, DENR Admin.
Order 95-23].
Mineral land. 1. Any area where mineral resources are found. [Sec. 3,
RA 7942]. 2. Land in which minerals exist in sufficient quantity and
grade to justify the necessary expenditures in extracting and utilizing
such minerals. [Sec. 3, PD 464; Sec. 2, PD 463].
Mine wastes and tailings. Soil and rock materials from surface or
underground mining and milling operations with no economic value to
the generator of the same. [Sec. 3, RA 7942].
Minor. 1. Any person below eighteen (18) years old. [Sec. 4, RA 9211].
2. A person under the age of legal competence. [Jurists Legal Dict.,
2004].
Minority opinion. A dissenting opinion. [Intl. Law Dict. & Direct., 2004].
Compare with Majority opinion.
Mittimus. 1. The final process for carrying into effect the decision of the
appellate court, and the transmittal thereof to the court of origin is
predicated upon the finality of the judgment. [Clemente-De Guzman v.
Reyes, AM 2358-MJ. June 29, 1982]. 2. The name of an order in
writing, issuing from a court and directing the sheriff or other officer to
convey a person to a prison, asylum, or reformatory, and directing the
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jailer or other appropriate official to receive and safely keep the person
until his fate shall be determined by due course of law. [Glossary of
Legal Terms (Pro-Se), 2004].
Mixed solidarity. Solidarity that exists among the creditors and the
debtors at the same time. [Torres, Oblig. & Cont., 2000 Ed., p. 77].
Modification of permit. The change of the place and time of the public
assembly, rerouting of the parade or street Mar., the volume of
loud-speakers or sound system and similar changes. [Sec.3, BP 880].
Moiety. Half of something. For example, it can be said that joint tenants
hold a moiety in property. In old criminal law, there were moiety acts
which allowed half of the fine money to be handed over to the
informer. [Duhaime's Legal Dict., 2004].
Moneda. Sp. Money, specie, coin. [US v. Gardner, GR 1468. Mar. 14,
1904, citing Appleton's Sp. Dict.].
Monetary interest. Interest for the use of the money (from date of
execution to date of payment). [Reins. Co. of the Orient, Inc. v. CA, GR
L-61250. June 3, 1991]. Compare with Compensatory interest.
Mora accipiendi. Lat. The delay on the part of the creditor to accept
the performance of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p.
6].
Moral law. Set of rules which establishes what is right and what is
wrong as dictated by the human conscience and as inspired by eternal
law. [Suarez, Stat. Con., (1993), p. 37].
Mora solvendi. Lat. The delay on the part of the debtor to fulfill his
obligation (to give or to do). [Diaz, Bus. Law Rev., 1991 Ed., p. 6].
Mors omnia solvi. Lat. Ddeath dissolves all things. [People v. Satorre,
GR L-26282. Aug. 27, 1976].
Mortgagee. The person lending the money and receiving the mortgage.
[Claridades, A., Compilation of Notes, 2001-2006].
the purpose of enforcing his security upon such property or making its
income help to pay his debt. [Diaz v. De Mendezona, 48 Phil. 666,
669].
Mother's milk. The breastmilk from the newborn's own mother. [Sec. 3,
RA 7600].
Motion day. Rem. Law. Except for motions requiring immediate action,
all motions shall be scheduled for hearing on Friday afternoons, or if
Friday is a non-working day, in the afternoon of the next working day.
[Sec. 7, Rule 15, RoC].
Motion for new trial. Rem. Law. Requisites: (a) That the evidence was
discovered after the trial; (b) that such evidence could not have been
discovered and produced at the trial even with the exercise of
reasonable diligence; and (c) that it is material, not merely
corroborative or impeaching; and of such weight that it could probably
change the judgment if admitted. [People v. de la Cruz, 207 SCRA 632,
641 (1992); People v. Ducay, 225 SCRA 1, 18 [1993]; People v. David,
230 SCRA 541, 547 (1994)].
Motion to dismiss. Rem. Law. Grounds. Within the time for but before
filing the answer to the complaint or pleading asserting a claim, a
motion to dismiss may be made on any of the following grounds: (a)
That the court has no jurisdiction over the person of the defending
party; (b) that the court has no jurisdiction over the subject matter of
the claim; (c) that venue is improperly laid; (d) That the plaintiff has no
legal capacity to sue; (e) that there is another action pending between
the same parties for the same cause; (f) that the cause of action is
barred by a prior judgment or by the statute of limitations; (g) that the
pleading asserting the claim states no cause of action; (h) that the
claim or demand set forth in the plaintiff's pleading has been paid,
waived, abandoned, or otherwise extinguished; (i) that the claim on
which the action is founded is unenforceable under the provisions of
the statute of frauds; and (j) that a condition precedent for filing the
claim has not been complied with. [Sec. 1, Rule 16, RoC].
Motion to quash. Rem. Law. Grounds. The accused may move to quash
the complaint or information on any of the following grounds: (a) that
the facts charged do not constitute an offense; (b) that the court trying
the case has no jurisdiction over the offense charged (c) that the court
trying the case has no jurisdiction over the person of the accused; (d)
that the officer who has filed the information had no authority to do so;
(e) that it does not conform substantially to the prescribed form; (f)
that more than one offense is charged except when a single
punishment for various offenses is prescribed by law; (g) that the
criminal action or liability has been extinguished; (h) that it contains
averments which, if true, would constitute a legal excuse or
justification; and (i) that the accused has been previously convicted or
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Motive. Crim. Law. 1. The special or personal reason which may prompt
or induce a person to perform the act constituting a crime. [Bagajo v.
Marave, GR L-33345. Nov. 20, 1978, citing Padilla, Crim. Law, Rev.
Penal Code, Annotated, 9th Ed., 1964, p. 41]. 2. The moving power
which impels one to act for a definite result, as distinguished from
intent which is the purpose to use a particular means to effect such
result. [Bagajo v. Marave, GR L-33345. Nov. 20, 1978, citing People v.
Molineux, 168 N.Y. 264, 297; 61 N.E. 286, 296; 62 L.RA 193].
Motor vehicle. 1. Both private and public motor vehicle. The term shall
not include the tricycle and motorcycle. [Sec. 3, RA 8750]. 2. Any
vehicle propelled by any power other than muscular power using the
public roads, but excluding road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian
trucks, and cranes if not used on public roads, vehicles which run only
on rails or tracks, and tractors, trailers, and traction engines of all kinds
used exclusively for agricultural purposes. [Sec. 131, RA 7160]. 3. Any
vehicle propelled by any power other than muscular power using the
public highways, but excepting road rollers, trolley cars,
street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public highways, vehicles,
which run only on rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes. Trailers
having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as
separate motor vehicle with no power rating. [Sec. 2, RA 6539].
Moving boundaries rule. Intl. Law. Legal rule that the treaties of a
state absorbing new territory become effective within that territory.
[Intl. Law Dict. & Direct., 2004].
Multilateral treaty. Treaty between more than two states. [Intl. Law
Dict. & Direct., 2004].
Municipal Trial Courts. The term, as used in the Rules of Court, shall
include Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts. [Sec. 2, Rule
5].
Municipal waters. These include not only streams, lakes, inland bodies
of water and tidal waters within the municipality which are not included
within the protected areas as defined under RA 7586 (The NIPAS Law),
public forest, timber lands, forest reserves or fishery reserves, but also
marine waters included between two (2) lines drawn perpendicular to
the general coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third line parallel with the
general coastline including offshore islands and fifteen (15) kilometers
from such coastline. Where two (2) municipalities are so situated on
opposite shores that there is less than thirty (30) kilometers of marine
waters between them, the third line shall be equally distant from
opposite shore of the respective municipalities. [Sec. 4, RA 8550; Sec.
3, PD 704].
Murder. Crim. Law. 1. The felony committed by any person who, not
falling within the provisions of Art. 246, shall kill another, with any of
the following attendant circumstances: (a) with treachery, taking
advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to
insure or afford impunity; (b) in consideration of a price, reward, or
Murder. Elements: (a) That a person was killed; (b) that the accused
killed him; (c) that the killing was attended by any of the qualifying
circumstances mentioned in Art. 248 of the Rev. Penal Code; and (d)
the killing is not parricide or infanticide. [People v. Cabiles, GR 115216.
July 5, 1996, citing Reyes, The Rev. Penal Code, 13th Ed., p. 424].
Mutatis mutandis. Lat. For the same reasons. [US v. Ponte, GR 5952.
Oct. 24, 1911].
Mutilation. Crim. Law. 1. The felony committed by any person who shall
intentionally mutilate another by depriving him, either totally or
partially, or some essential organ of reproduction. [Art. 262, RPC]. 2.
Cutting off or permanently destroying a limb or an essential part
thereof. [People v. Borce, GR 124131. Apr. 22, 1998, citing Webster's
3rd New Intl. Dict.]. 3. In its criminal law concept, one that would
deprive a person of the use of any of those limbs which may be useful
to him in fight, the loss of which amounts to mayhem. [People v. Borce,
GR 124131. Apr. 22, 1998, citing Black's Law Dict., 6th Ed., p. 1020].
-N-
Nagpapabuwis. Tag. Lessor. [Claridades, A., Compilation of Notes,
2001-2006].
National Capital Region (NCR). The region that covers the cities of
Kalookan, Manila, Pasay, Quezon, Las Pias, Makati, Malabon,
Mandaluyong, Marikina, Muntinlupa, Navotas, Paraaque, Pasig and
Valenzuela, and the municipalities of Navotas, Pateros, San Juan and
Taguig. [Claridades, A., Compilation of Notes, 2001-2006].
National coaches and trainers. Coaches and trainers who are Filipino
citizens, members of the national coaches and trainers pool, recognized
and accredited by the PSC and who have represented the country as
official coaches and trainers to national athletes in international
competitions. [Sec. 3, RA 9064].
National flag. The flag of the Philippines which shall be red, white and
blue, with a sun and three stars, as consecrated and honored by the
people and recognized by law. [Sec. 12, EO 292].
National patrimony. The term refers not only to the natural resources
of the Philippines, as the Constitution could have very well used the
term natural resources, but also to the cultural heritage of the Filipinos.
National standard of care. Intl. Law. Doctrine that a state must treat
aliens in the same way that it treats its own nationals. [Intl. Law Dict. &
Direct., 2004].
Natural bed. Also Channel (of a creek or river). The ground covered
by its waters during the highest (ordinary) floods. The original Spanish
text reads: "Alveo a cauce natural de un arroyo y rio es el terreno que
cubren sus aguas en las mayores crecidas ordinarias." [Hilario v. City of
Manila, GR L-19570. Apr. 27, 1967].
Natural biotic area. An area set aside to allow the way of life of
societies living in harmony with the environment to adopt to modern
technology at their pace. [Sec. 4, RA 7586].
Natural fruits. The spontaneous products of the soil, and the young
and other products of animals. [Art. 442, CC].
Natural gas. Gas obtained from boreholes and wells and consisting
primarily of hydrocarbons. [Sec. 3, PD 87].
Natural law. The law which derives its force and authority from God. It
is superior to other laws. It is binding to the whole world, in all
countries and at all times. [Suarez, Stat. Con., (1993), p. 37].
Natural person. A human being. [Intl. Law Dict. & Direct., 2004].
Navigable air space. Air space above the minimum altitudes of flight
prescribed by regulations issued under RA 776. [Sec. 3, RA 776].
Navigable river. A river that is floatable, that is, a river admitting floats.
And, thus a floatable stream is considered a navigable stream.
[Macatangay v. Sec. of Public Works and Comm., GR L-21673. May 16,
1966, citing 64 CJS 50]. It has been ruled that a river with a depth of 1
foot at low tide is evidently navigable at high tide for vessels of deeper
draft of 1 foot and at low tide for navigable to those of 1 foot drafts,
thereby applying floatability as the norm of navigability under RA 2056
[Villongco v. Moreno, L-17240, Jan. 31, 1962].
Near contact fire. The phrase implies a distance of not more than three
inches between the wound and the muzzle of the firearm. [Austria v.
People, GR 83530. Dec. 18, 1990]. Compare with Contact fire.
Negative evidence. Evidence where the witness states that he did not
see or know the occurrence of a fact. [Francisco, Evidence, Vol. VII,
Part 1, 1997 Ed., p. 4]. Compare with Positive evidence.
Negative testimony. It is when the witness says that he did not see or
know of the factual occurrence. [Tanala v. NLRC, GR 116588. Jan. 24,
1996]. Compare with Positive testimony.
Negotiability, words of. Nego. Inst. The words which the instrument
in must contain in order to be considered negotiable i.e., must be
payable to 'order' or 'bearer.' [Salas v. CA, GR 76788. Jan. 22, 1990].
Negotiation. Civ. Law. The period from the time the prospective
contracting parties indicate interest in the contract to the time the
contract is concluded (perfected). [Ang Yu v. CA, GR 109125. Dec. 2,
1994]. Compare with Perfection and Consummation.
Nemo bis punitur pro eodem delicto. Lat. No man is punished twice
for the same fault or offense. [Mallari v. People, GR L-58886. Dec. 13,
1988].
Nemo dare potest quod non habet. Lat. One cannot give what he
never had before. [Vda. De Reyes v. CA, GR 92436. July 26, 1991].
Nemo dat quod non habet. Lat. No one can give what he does not
have. [Mercado v. CA, GR 108592. Jan. 26, 1995].
Nemo debet bis puniri pro uno delicto. Lat. No person can be twice
put in this peril for the same offense. [People v. Vergara, GR
101557-58. Apr. 28, 1993].
Nemo debet bis vexari pro uno cadeve causa. Lat. No man shall be
twice vexed for one and the same cause. [Morenos Law Dict., 2000
Ed., p. 309].
Nemo judex in parte sua. Lat. No person may judge their own case. A
fundamental principle of natural justice which states that no person can
judge a case in which he is party. [Claridades, A., Compilation of Notes,
2001-2006]. May also be called Nemo judex in sua causa or nemo
debet esse judex in propria causa.
Nemo judex in sua causa. Lat. Nobody should judge his own cause.
[Duhaime's Legal Dict., 2004].
Nemo plus juris ad alium transferre potest quam ipse habet. Lat.
No man can transfer to another a right or title greater than he himself
possesses. [Morenos Law Dict., 2000 Ed., p. 309].
Nemo potest esse simul actor et judex. Lat. No man can be at once
a litigant and judge. [Corona v. CA, GR 97356. Sep. 30, 1992].
Nemo potest nisi quod de jure potest. Lat. No man can do anything
except what he can do lawfully. [Traders Royal Bank v. CA, GR 93397.
Mar. 3, 1997].
Net capital gain. The excess of the gains from sales or exchanges of
capital assets over the losses from such sales or exchanges. [Sec. 39,
NIRC, as amended].
Net capital loss. The excess of the losses from sales or exchanges of
capital assets over the gains from such sales or exchanges. [Sec. 39,
NIRC, as amended].
Net worth. The difference between total assets and total liabilities. [Sec.
4, PD 379].
New and material evidence. Requisites as a ground for new trial: (a)
that the evidence was discovered after the trial; (b) that such evidence
could not have been discovered and produced at the trial even with the
exercise of reasonable diligence; and (c) that such evidence is material,
not merely cumulative, corroborative or impeaching, and is of such
weight that, if admitted, it will probably change the judgment [People
v. de la Cruz, 207 SCRA 632 (1992), citing SCRA Comments on the
Rules of Court, Vol. 4, 1980 Ed., 340-341].
New drugs. 1. Any drug the composition of which is such that said drug
is not generally recognized among experts qualified by scientific training
and experience to evaluate the safety, efficacy and quality of drugs as
safe, efficacious and of good quality for use under the conditions
prescribed, recommended, or suggested in the labeling thereof; or (b)
any drug the composition of which is such that said drug, as a result of
its previous investigations to determine its safety, efficacy and good
quality for use under certain conditions, has become so recognized but
which has not, otherwise than in such investigations, been used to a
material extent or for a material time under new conditions. [Art. 4, RA
7394].
News. All events and items of information which are out of the ordinary
humdrum routine, and which have that indefinable quality of
information which arouses public attention. [Ayer Prods. Pty. Ltd. v.
Capulong, GR L-82380. Apr. 29, 1988].
New trial. The rehearing of a case already decided by the court but
before the judgment thereon becomes final and executory, whereby
errors of law or irregularities are expunged from the record, or new
evidence is introduced or both steps are taken. [Claridades, A.,
Compilation of Notes, 2001-2006].
Next of kin. 1. Those persons who are entitled under the statute of
distribution to the decedent's property. [Gabriel v. CA, GR 101512. Aug.
7, 1992, citing Cooper v. Cooper, 43 Ind. A 620, 88 NE 341]. 2. A
relative or a responsible friend with whom the minor or incompetent
lives. [IRR, Sec. 16(a) of PD 1508]. 3. The nearest blood relative of a
deceased. The expression has come to describe those persons most
related to a dead person and therefore set to inherit the deceaseds
property. [Duhaime's Legal Dict., 2004].
Nieto. Sp. Grandson. The son of the son. Used with respect to the
grandfather. The term is also used by extension to include the word
descendant in a given line to the third, fourth and successive
generations. [Barretto v. Tuason, GR 23923. Mar. 23, 1926, citing
Diccionario de la Legislacion Espaola, Vol. 8, p. 373].
of any kind. [Suggested Answer for the 1994 Bar, UPLC, (2002), p.
107].
Nolo contendere. Lat. I will not defend it. 1. Used primarily in criminal
proceedings whereby the defendant declines to refute the evidence of
the prosecution. In some jurisdictions, this response by the defendant
has same effect as a plea of guilty. [Duhaime's Legal Dict., 2004]. 2. A
Latin phrase meaning "I will not contest it." A plea in a criminal case
which does not require the defendant to admit guilt, but the defendant
does not contest the facts on which the charge is based. Some judges
refuse to accept such pleas in criminal cases. [Jurists Legal Dict.,
2004].
Nominal partner. A person who is actually not a partner but is held out
or represented as a partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189].
Non allegata non probata. Lat. That which is not alleged cannot be
proved. This is an exclusionary rule in the Law of evidence that a party
who fails to allege a fact in his pleadings may not also be allowed to
prove it, if the party objecting thereto be not thereby given a chance to
prove the contrary of what was not alleged but proved by the other.
[Rule on Pleadings and the Law of Evidence].
Non bis in idem. Lat. Not twice for the same. The rule on double
jeopardy found in Sec. 22, Art. IV, Bill of Rights (of the 1987 Const.)
[Esmea v. Pogoy, GR L-54110, Feb. 20, 1981].
Non-complying bid. A bid which does not comply with the advertised
descriptions and specifications. [IRR on Supply & Prop. Mgt., per Sec.
383, LGC].
Non debeo meliores esse conditions quam auctor neus, a quo jus
ad ge transit. Lat. The successor cannot be in a better condition than
his predecessor. [Quijano v. Cabale, 49 Phil. 367, citing Escriche's Dict.,
title Successor].
Non erit alia lex Romae, alia Athenis; alia nunc, alia posthac; sed
et apud omnes gentes et omne tempore una eademque lex
obtinebit. Lat. There shall not be one law at Rome, another at Athens;
one now, another hereafter; but among all nations one and the same
law shall prevail. [Compagnie Franco-Indochinoise v.
Deutsch-Australische Dampschiffs, GR 13954. Jan. 17, 1919].
Non est factum. Lat. Not his deed. A special defense in contract law to
allow a person to avoid having to respect a contract that he signed
because of certain reasons such as a mistake as to the kind of contract.
For example, a person who signs away the deed to a house, thinking
that the document signed was only a guarantee for another person's
debt, might be able to plead non est factum in a court and on that
basis get the court to void the contract. [Duhaime's Legal Dict., 2004].
Non quieta movere. Lat. Do not disturb what has been settled. 1. The
rule that administrative decisions must end sometime, as fully as public
policy demands that finality be written on judicial controversies. [Manila
Electric Co. v. Public Service Commission, 61 Phil., 456]. 1. The rule of
non quieta movere prescribes that what was terminated should not be
disturbed [Espiritu v. San Miguel Brewery, 63 Phil., 615].
Non servanti fidem, non est fides servanda. Lat. A party (cannot)
be held bound to fulfill his promises when the other violates his. [Univ.
Food Corp. v. CA, GR L-29155. May 13, 1970].
against the authority that makes the law on which the right depends.
[The Amer. Ins. Co. v. Macondray & Co., Inc., GR L-24031. Aug. 19,
1967, citing Kawananakao v. Polybank, 206 US 349]. 2. A doctrine laid
down under Sec. 2, Art. XVI of the 1987 Phil. Constitution which holds
that the State may not be sued without its consent. [Claridades, A.,
Compilation of Notes, 2001-2006].
Non sui juris. Lat. It means that a person, not of legal age, does not
have legal capacity. [Torres, Oblig. & Cont., 2000 Ed., p. 352].
Non-traditional crops. Crops other than rice, corn, coconut and sugar.
[Sec. 4, RA 7900].
Non-voting share. Corp. Law. A share without right to vote. [De Leon,
Corp. Code of the Phil. Annotated, 1989 Ed., p. 61]. Compare with
Voting share.
No par value shares. Corp. Law. 1. Shares without any stated value
appearing on the face of the certificate of stock. It is a stock which
does not state how much money it represents. [De Leon, Corp. Code of
the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares which are without par
value which may be sold at whatever price the company's board of
directors decides. [Duhaime's Legal Dict., 2004]. Compare with Par
value shares.
Not guilty by reason of insanity. The (court) must determine that the
defendant, because of mental disease or defect, could not form the
intent required to commit the offense. [Jurists Legal Dict., 2004].
Notice. Formal notification to the party that has been sued in a civil case
of the fact that the lawsuit has been filed. Also, any form of notification
of a legal proceeding. [Glossary of Legal Terms (Pro-Se), 2004].
RTJ-92-876. Sep. 19, 1994, citing King v. Gallun, 109 US 99, 27 L. ed.
870].
Null and void ab initio. No legal effect whatsoever and at any time.
[Treasurer of the Phils. V. CA, GR L-42805. Aug. 31, 1987].
Nunc pro tunc. Lat. Now for then. The doing of something late (after it
should have been done in the first place), with effect as if it had been
done on time. [Duhaime's Legal Dict., 2004].
Nunc pro tunc judgment. A judgment which concerns itself not with
the rendering of a new judgment and the ascertainment and
determination of new rights, but with the placing in proper form on the
record, the judgment that has been previously rendered, to make it
speak the truth, so as to make it show what the judicial action really
was. [Lichauco v. Tan Pho, 51 Phil. 862, 880 (1923)].
Nutrient. Any chemical substance needed by the body for one or more
of these functions; to provide heat or energy, to build and repair
tissues, and to regulate life processes. Although nutrients are found
chiefly in foods, some can be synthesized in the laboratory like vitamin
and mineral supplements or in the body through biosynthesis. [Sec. 3,
RA 8976].
-O-
Oath. 1. A religious or solemn affirmation to tell the truth or to take a
certain action. [Duhaime's Legal Dict., 2004]. 2. A solemn pledge made
under a sense of responsibility in attestation of the truth of a statement
or in verification of a statement made. [Glossary of Legal Terms
(Pro-Se), 2004].
Objective phase of felony. The result of the acts of the execution, that
is, the accomplishment of the crime. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 34]. See Subjective phase of felony.
Obligation. Civ. Law. Elements: (a) The vinculum juris or juridical tie
which is the efficient cause established by the various sources of
obligations (law, contracts, quasi-contracts, delicts and quasi-delicts);
(b) the object which is the prestation or conduct; required to be
observed (to give, to do or not to do); and (c) the subject-persons
who, viewed from the demandability of the obligation, are the active
(obligee) and the passive (obligor) subjects. [Asuncion v. CA, GR
109125. Dec. 2, 1994].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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Obsolete property. A property which has lost its efficiency either due
to technological advancement, change or procedure, reorganization of a
department or office, or completion of a project. [IRR on Supply &
Prop. Mgt., per Sec. 383, LGC].
Occlusio pupillae. The closure of the opening in the iris of the eye by
formation of an opaque membrane. [Aguja v. GSIS, GR 84846. Aug. 5,
1991].
Occupy. To take possession of. [Morenos Law Dict., 2000 Ed., p. 319].
Ocean waters. All marine waters other than the territorial sea and
inland waters of the Philippines and other states. [Sec. 3, PD 600].
Offense. A crime. Any act which contravenes the criminal law of the
state in which it occurs. [Duhaime's Legal Dict., 2004].
Officer breaking seal. Any public officer charged with the custody of
papers or property sealed by proper authority, who shall break the
seals or permit them to be broken. [Art. 227, RPC].
Offshore. 1. The water, sea bottom, and subsurface from the shore or
coastline reckoned from the mean low tide level up to the two hundred
nautical miles (200 n. m.) exclusive economic zone including the
archipelagic sea and contiguous zone. [Sec. 3, RA 7942]. 2. An area
situated off the shore within a zone generally considered to extend to
three miles. [De Castro v. Marcos, GR L-26093. Jan. 27, 1969, citing
Webster's 3rd New Intl. Dict., 1964 Ed., p. 1568].
Oil. Oil of any kind or in any form including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other
than dredge spoil. [Sec. 3, PD 979; Sec. 3, PD 600].
Omne quod solo inadeficatur solo cedit. Lat. Everything that is built
on the soil yields to the soil. [Roque v. Lapuz, GR L-32811. Mar. 31,
1980].
Omnibus bill. A draft law before a legislature which contains more than
one substantive matter, or several minor matters which have been
combined into one bill, ostensibly for the sake of convenience.
[Duhaime's Legal Dict., 2004].
On board bill of lading. One in which it is stated that the goods have
been received on board the vessel which is to carry the goods, whereas
a received for shipment bill of lading is one in which it is stated that the
goods have been received for shipment with or without specifying the
vessel by which the goods are to be shipped. An on board bill of lading
is issued when the goods have been actually placed aboard the ship
with every reasonable expectation that the shipment is as good as on
its way. [Magellan v. CA, GR 95529. Aug. 22, 1991]. Compare with
Received for shipment bill of lading.
On call status. A condition when public health workers are called upon
to respond to urgent or immediate need for health/medical assistance
or relief work during emergencies such that he/shall cannot devote the
time for his/her own use. [Sec. 15, RA 7305].
One-year bar rule. Labor. The rule that certification election may not
be held within one year from the date of issuance of a final certification
election result. [Poquiz, Labor Rel. Law, 1999 Ed. p. 203].
Onshore. The landward side from the mean tide elevation, including
submerged lands in lakes, rivers and creeks. [Sec. 3, RA 7942].
dwellers in said areas, and with provisions for basic services. [Sec. 3,
RA 7279].
Onus. Lat. The burden. It is usually used in the context of evidence. The
onus of proof in criminal cases lies with the state. It is the state that
has the burden of proving beyond reasonable doubt. In civil cases, the
onus of proof lies with the plaintiff who must prove his case by balance
of probabilities. [Duhaime's Legal Dict., 2004].
Onward shifting. The shifting of the tax two or more times either
forward or backward. [De Leon, Fundamentals of Taxation, 2000 Ed.,
p. 56].
Open access. The provision of allowing any qualified user the use of
transmission, and/or distribution system and associated facilities
subject to the payment of transmission and/or distribution retail
wheeling rates duly approved by the Energy Regulation Commission
(ERC). [Sec. 4, RA 9136].
Opening bank. The bank, usually the buyer's bank, which actually
issues the letter of credit. [Bank of America, NT & SA v. CA, GR
105395. Dec. 10, 1993]. Also known as the Issuing bank.
Open policy. Ins. A policy of insurance in which the value of the thing
insured is not agreed upon, but is left to be ascertained in case of loss.
[Sec. 60, IC]. Compare with Valued policy.
Open ticket. A ticket on board a ship whereby the passenger has not
been assigned to any particular berth space. [Bank of America v. CA,
GR 105395. Dec. 10, 1993].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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Opinion rule. Evid. The general rule that the opinion of a witness is not
admissible, except as indicated in Secs. 49 and 50 of Rule 130 of the
Rules of Court. [Sec. 48, Rule 130, RoC].
Opium poppy. Any part of the plant of the species Papaver somniferum
L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and
Papaver rhoeas, which includes the seeds, straws, branches, leaves or
any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes. [Sec 3, RA 9165].
Option to rebuild clause. Ins. A clause giving the insurer the option to
reinstate or replace the property damaged or destroyed or any part
thereof, instead of paying the amount of the loss or the damage.
[Claridades, A., Compilation of Notes, 2001-2006].
Option warrant. Corp. Law. A stock which gives the holder the right to
subscribe for or purchase shares of the issuing corporation, such as
common shares, at a stipulated price or prices per share usually within
a limited time. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Optometry. The science and art of examining the human eye, analyzing
the ocular function, prescribing and dispensing ophthalmic lenses,
prisms, contact lenses and their accessories and solutions, low vision
aids, and similar appliances and devices, conducting ocular exercises,
vision training, orthoptics, installing prosthetics, using authorized
diagnostic pharmaceutical agents (DPA), and other preventive or
corrective measures or procedures for the aid, correction, rehabilitation
or relief of the human eye, or to attain maximum vision and comfort.
[Sec. 3, RA 8050].
Or. The term has, oftentimes, been held to mean "and," or vice-versa,
when the spirit or context of the law warrants it. [Gonzales v. Comelec,
GR L-28196. Nov. 9, 1967, citing 50 Am. Jur. 267-268].
Ordinary civil action, basis of. Every ordinary civil action must be
based on a cause of action. [Sec. 1, Rule 2, RoC].
Ordinary coral. All kinds of coral other than precious and semi-precious
corals. [Sec. 3, PD 1219].
Ordinary loss. Any loss from the sale or exchange of property which is
not a capital asset. [Sec. 22 NIRC, as amended].
Ordinary repairs. Such repairs as are required by the wear and tear
due to the natural use of the thing and are indispensable for its
preservation. Should the usufructuary fail to make them after demand
by the owner, the latter may make them at the expense of the
usufructuary. [Art. 592, CC].
Ore transport permit. The permit specifying the origin and quantity of
non-processed mineral ores or minerals which shall be required for their
transport. Transport permits shall be issued by the mines regional
director who has jurisdiction over the area where the ores were
extracted. [Sec. 53, RA 7942].
Original cost. For newly acquired machinery not yet depreciated and
appraised within the year of its purchase, the actual cost of the
machinery to its present owner (plus the cost of transportation,
handling and installation at the present site). [Sec. 3, PD 464].
Originator. 1. The person or entity which was the original obligee of the
assets, such as financial institution that grants a loan or a corporation
in the books of which the Assets were created in accordance with the
plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. 2. A
person by whom, or on whose behalf, the electronic document purports
to have been created, generated and/or sent. The term does not
include a person acting as an intermediary with respect to that
electronic document. [Sec. 5, RA 8792].
Orphan. A person who has lost one or both of his natural parents.
[Duhaime's Legal Dict., 2004].
Outer space treaty. Intl. Law. 1. The outer space is free for exploration
and use by all states; it cannot be annexed by any state; and it may be
used exclusively for peaceful purposes. Thus, nuclear weapons of mass
destruction may not be placed in orbit around the earth. [Sandoval, Pol.
Law Reviewer 2003]. 2. Treaty on principles governing the activities of
states in the exploration and use of outer space including the moon and
other celestial bodies. [Intl. Law Dict. & Direct., 2004].
Output tax. The value-added tax due on the sale or lease of taxable
goods or properties or services by any person registered or required to
register under Sec. 236 of the National Internal Revenue Code. [Sec.
110, NIRC, as amended].
Overdraft. The act of checking out more money than one has on
deposit in a bank, and it may be either a legitimate method of
borrowing the money or an illegitimate and criminal method of
obtaining it through the connivance of the person from whom it is
obtained. [Morenos Law Dict., 2000 Ed., p. 326].
Overrun. An excess over the quantity ordered. [IRR on Supply & Prop.
Mgt., per Sec. 383, LGC].
-P-
Pachyderm. Thick-skinned. [People v. Aquino, GR L-23908. Oct. 29,
1966].
Packing materials. They include leaves, straw, bark and other plant
materials used as wrapping, packing, or converting and are capable of
harboring plant pets. [Sec. 2, PD 1433].
Palengke. Tag. Also Common open markets. Markets with dry and
wet sections, foodstalls, fruit and vegetable sections, etc., where the
retailers or market stall operators are lessees who pay fixed rents for
the use of market space. [Cruz v. CA, GR L-44178. Aug. 21, 1987].
Paper caps. Minute amount of black powder spread in either small strips
of paper on a small sheet used for children's toy guns. [Sec. 2, RA
7183].
Par. Equal. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p.
63].
Paraffin test. 1. A test to reveal whether the person tested has within
recent hours fired a gun. [Morenos Law Dict., 2000 Ed., p. 331]. 2. A
test to determine the presence of nitrates or gunpowder residues.
[People v. Saulog, GR 48850. Jan. 31, 1944]. Also Nitrate test.
Paramour. One who loves or is loved illicitly; one taking the place
without the legal rights of a husband or wife; mistress called also
lover. [Fernandez v. Lantin, GR L-44759. Dec. 17, 1976, citing
Webster's 3rd New Intl. Dict., 1971 ed., p. 1638].
[Arts. 135 to 141, CC]. 2. The real and personal property of any
married woman which she may have at the time of marriage, or which
she may thereafter acquire, which shall not be subject to the disposal
of her husband, nor be liable for his debts, but shall continue to be her
sole and separate property as if she were a femme sole. [Ossorio v.
Posadas, GR 31088. Dec. 3, 1929, citing 13 RCL, 1147, Sec. 170].
Pardon. Succ. The act of the testator who, having subsequently known
the cause of unworthiness of the heir, should condone them in writing.
[Claridades, A., Compilation of Notes, 2001-2006].
Pari delicto non oritur actio. Lat. Where two persons are equally at
fault neither party may be entitled to relief under the law. [Egao v. CA,
GR 79787. June 29, 1989].
Parietal bone. A membrane bone of the roof of the skull. [Morenos Law
Dict., 2000 Ed., p. 333].
Parietal region. One or two bones between the occipetal (back) and
frontal bones of the skull. [Morenos Law Dict., 2000 Ed., p. 333].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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Pari materia. Lat. Upon the same subject. Statutes are said to be in pari
materia when they relate to the same person or thing, or to the same
class of persons or things, or have the same purpose or object. [City of
Naga v. Agna, May 31, 1976, 71 SCRA 176, 184].
Pari materia rule. When statutes are in pari materia, the rule of
Statutory Construction dictates that they should be construed together.
This is because all enactments of the same legislature on the same
subject matter are supposed to form part of one uniform system; that
later statutes are supplementary or complimentary to the earlier
enactments and in the passage of its acts the legislature is supposed to
have in mind the existing legislation on the same subject and to have
enacted its new act with reference thereto. [City of Naga v. Agna, May
31, 1976, 71 SCRA 176, 184].
Pari passu. Lat. Equitably and without preference. This term is often
used in bankruptcy proceedings where creditors are said to be pari
passu which means that they are all equal and that distribution of the
assets will occur without preference between them. [Duhaime's Legal
Dict., 2004].
Parking fee. The fee collected from public utility vehicles when they
stop on any portion of the existing parking area for the purpose of
Parol evidence. Rem. Law. 1. That oral evidence presented during the
trial of a case with the intention of altering and/or changing the terms
of a written contract. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. 2. Oral
or verbal evidence; evidence given by word of mouth in court.
[Glossary of Legal Terms (Pro-Se), 2004].
Parol evidence rule. Rem. Law. 1. The rule of evidence that when the
terms of an agreement have been reduced to writing, it is to be
considered as containing all the terms agreed upon and there can be,
between the parties and their successors-in-interest, no evidence of
such terms other than the contents of the written agreement. [Sec. 9,
Rule 130, RoC]. 2. Under the rule, when the terms of an agreement
have been reduced into writing, it is considered as containing all the
terms agreed upon, and there can be, between the parties and their
successors-in-interest, no evidence of such terms other than the
contents of the written agreement. However, a party may present
evidence to modify, explain or add to the terms of the written
agreement if he puts in issue in his pleading, the failure of the written
agreement to express the true intent of the parties thereto.
[Mactan-Cebu Intl. Airport Authority v. CA, GR 121506. Oct. 30, 1996;
Sec. 9, Rule 130, RoC].
Parricide. Crim. Law. 1. The felony committed by any person who shall
kill his father, mother, or child, whether legitimate or illegitimate, or
any of his ascendants, or descendants, or his spouse. [Art. 246, RPC].
2. Killing one's father or another a family member or close relative.
[Duhaime's Legal Dict., 2004].
Parricide. Crim. Law. Elements: (a) A person is killed; (b) the deceased
is killed by the accused; (c) the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate other ascendant or
other descendant, or the legitimate spouse of the accused. [People v.
Malabago, GR 115686. Dec. 2, 1996, citing Reyes, The Rev. Penal
Code, Vol. 2, p. 414 (1993)].
Partial compensation. This takes place when the two obligations are
of different amounts and a balance remains unextinguished after the
compensation. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare
with Total compensation.
and manage a business for profit and who are each liable to the full
extent of their personal assets for its debts. [Intl. Law Dict. & Direct.,
2004]. Also Joint venture.
Partus sequitur ventrem. Lat. The principle that the offspring belongs
to the owner of the female. [Jurado, Civil Law Reviewer, 19th Ed.
(1999), p. 289, citing Art. 441, CC].
Par value. Face value or value equal to the face of the stocks or bonds.
[De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63].
Par value shares. Corp. Law. 1. Shares issued with a specific money
value fixed in the articles of incorporation and appearing in the
certificate of stock. Its primary purpose is to fix the minimum
subscription or issue price of the shares, thus assuring creditors that
the corporation would receive a minimum amount for its stock. [De
Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares
issued by a company which have a minimum price. [Duhaime's Legal
Dict., 2004]. Compare with No par value shares.
Patria potestas. A Roman law concept of the sum total of the rights of
parents over the person and property of their children. [Morenos Law
Dict., 2000 Ed., p. 336].
Patrimonial property. Property over which the State has the same
rights, and of which it may dispose, to the same extent as private
individuals in relation to their own property, subject only to the
administrative laws and regulations on the procedure of exercising such
rights. They exist for the State for attaining its economic ends, as a
means for its subsistence, and the preservation of its natural organism.
[Tolentino, Civil Code of the Phil., Vol. II, Repr. 2001, p. 37, citing 3
Manressa 95-96].
Pawnshop Regulation Act. PD 114 signed into law on Jan. 29, 1973.
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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818
Paying bank. The bank on which the drafts are to be drawn. [Bank of
America v. CA, GR 105395. Dec. 10, 1993].
Payment. It means not only the delivery of money but also the
performance, in any other manner, of an obligation. [Art. 1232, CC]. It
is synonymous with performance. [Diaz, Bus. Law Rev., 1991 Ed., p.
35].
Payment, special forms of. The special forms of payment under the
Civil Code are: (a) dation in payment; (b) application of payments; (c)
payment by cession; and (d) tender of payment and consignation.
[Diaz, Bus. Law Rev., 1991 Ed., p. 39].
Payment stopped. A banking phrase indicating that the check was not
paid because there was a stop payment order from the drawer thereof.
[Morenos Law Dict., 2000 Ed., p. 337].
PDEA. The Philippine Drug Enforcement Agency created under Sec. 82,
Art. IX of RA 9165. [Sec 3, RA 9165].
Pearl farm lease. Public waters leased for the purpose of producing
cultured pearls. [Sec. 4, RA 8550].
Penal law. Punishment imposed and enforced by the state for a crime
or offense against its law. [People v. Moran, GR 17905. Jan. 27, 1923].
Pendente lite. Lat. During litigation. For example, if the validity of a will
is challenged, a court might appoint an administrator pendente lite with
limited powers to do such things as may be necessary to preserve the
assets of the deceased until a hearing can be convened on the validity
of the will. Another example is an injunction pendente lite, to last only
during the litigation and, again, designed simply to preserve something
until the decisive court order is issued. [Duhaime's Legal Dict., 2004].
People. 1. Pol. Law. A body politic; the qualified voters granted the right
to vote by the existing Constitution and who therefore are "the sole
organs through which the will of the body politic can be expressed.
[Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973, citing In re
Opinion of Justices, 115 NE Rep. 922-923]. 2. Intl. Law. The inhabitants
of a state. They are regarded as a single unit and must come from both
sexes as to be able to perpetuate themselves. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 36].
Peptic ulcer. A stomach ulcer, an ulcer of the duodenum (the first part
of the small intestine), or an ulcer in the lower part of the esophagus
(gullet). [Landicho v. WCC, GR L-45996. Mar. 26, 1979, citing Atty.s
Dict. of Med., Schmidt ].
Per curiam. Lat. By the court. An opinion which expresses the decision
in the case but which does not identify the judge who wrote it. [Intl.
Law Dict. & Direct., 2004].
Per diem. A daily allowance given for each day an officer or employee
was away from his home base. [Lexal Laboratories v. National Chemical
Industries Workers Union, GR L-24632. Oct. 26, 1968].
Perfection (of the contract). (That stage which) takes place upon the
concurrence of the essential elements (of the contract). [Ang Yu v. CA,
GR 109125. Dec. 2, 1994]. Compare with Negotiation and
Consummation.
Performance for profit. Within the Copyright Law, the playing of music
in dine and dance establishment which was paid for by the public in
purchases of food and drink. [Fil. Soc. of Composers, Authors And
Publishers, Inc. v. Tan, GR L-36402. Mar. 16, 1987, citing Buck v.
Russon, No. 4489 25 F. Supp. 317].
Period. Kinds: (a) suspensive period (ex die) where the obligation begins
only from a day certain upon the arrival of the period; (b) resolutory
period (in diem) in which the obligation takes effect at once but
terminates upon the arrival of the period; (c) legal period which is fixed
by law; (d) conventional or voluntary period which is agreed upon by
the parties; and (e) judicial period which is fixed by the courts. [Diaz,
Bus. Law Rev., 1991 Ed., p. 16].
Perishable goods. Those which decay and lose their value if not
speedily put to their intended use. [Morenos Law Dict., 2000 Ed., p.
340].
Personality to sue, lack of. It refers to the fact that the plaintiff is not
the real party in interest. [Columbia Pictures v. CA, GR 110318. Aug.
28, 1996]. Compare with Capacity to sue, lack of.
Personal tax. Tax of fixed amount upon all persons of a certain class
within the jurisdiction without regard to property, occupation or
business in which they may be engaged. [Claridades, A., Compilation of
Notes, 2001-2006].
Personal union. Intl. Law. It comes into being when two or more states
are brought together under the same monarch, who nevertheless does
not constitute one international person for the purpose of representing
all of them. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Compare with
Real union.
Person liable for tax. A person subject to tax and properly considered
a taxpayer. [Comm. of Int. Rev. v. Procter & Gamble Phil.
Manufacturing Corp., GR 66838. Dec. 2, 1991].
Petty offense. A minor crime and for which the punishment is usually
just a small fine or short term of imprisonment. [Duhaime's Legal Dict.,
2004].
Philippine national drug formulary. The essential drugs list for the
Philippines which is prepared by the National Drug Committee of the
DOH in Consultation with experts and specialists from organized
profession medical societies, medical academe and the pharmaceutical
industry, and which is updated every year. [Sec. 1, RA 9241].
gulfs, bays and seas and other bodies of water now existing or which
may hereafter exist in the provinces, cities, municipalities, and
barangays and the waters around, between and connecting the islands
of the archipelago regardless of their breadth and dimensions, the
territorial sea, the sea beds, the insular shelves, and all other waters
over which the Philippines has sovereignty and jurisdiction including the
200-nautical miles Exclusive Economic Zone and the continental shelf.
[Sec. 4, RA 8550]. 2. All bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of the Islands
of the Philippine Archipelago, irrespective of its depth, breadth, length
or dimension, and all other waters belonging to the Philippines by
historic or legal title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the Philippines has
sovereignty or jurisdiction. [Sec. 3, PD 704; Sec. 1, PD 534; Sec. 2, PD
532].
Physical injuries. Bodily injuries. In its generic sense, the term includes
homicide through reckless imprudence. [Morenos Law Dict., 2000 Ed.,
p. 344].
Physical law. Universal rule of action that governs the conduct and
movement of things which are non-free and material. [Suarez, Stat.
Con., (1993), p. 37].
Picul. 1. The customary unit of weight of bulk sugar for the purpose of
sale. [Yu Tek & Co. v. Gonzalez, GR 9935. Feb. 1, 1915]. 2. It is
equivalent to 63 kilograms and a fraction. [Aldamis v. Leuterio, GR
L-3587. Oct. 2, 1907].
Pier. Any structure built into the sea but not parallel to the coast line and
includes any stage, stair, landing place, landing stage, jetty, floating
barge or pontoon, and any bridge or other works connected therewith.
[Sec. 3, PD 857].
Pier head line. The limiting line beyond which piers may not be
extended. [Sec. 3, RA 4663].
Pimp (alcahuete). Sp. One who provides gratification for the lust of
others; a procurer; a panderer. [US v. Cruz, GR 13288. Sep. 25, 1918,
citing 6 Words and Phrases, 5379].
Piracy. 1. Any attack upon or seizure of any vessel, or the taking away
of the whole or part thereof or its cargo, equipment, or the personal
belongings of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or
force upon things, committed by any person, including a passenger or
member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and
punished as hereinafter provided. [Sec. 2, PD 532]. 2. Robbery or
forcible depredation on the high seas, without lawful authority and
done animo furandi and in the spirit and intention of universal hostility.
It is a crime not against any particular State but against all mankind. It
may be punished in the competent tribunal of any country where the
offender may be found or into which he may be carried. The jurisdiction
of piracy unlike all other crime has no territorial limits. [People v. Lol-lo,
GR L-17958. Feb. 27, 1922]. Compare with Mutiny.
Placer claim. That which does not come under the definition of Lode
mineral claim. [Sec. 18, PD 464].
Plain-meaning rule. Also Verba legis. Stat. Con. 1. The rule that
when the words of a statute are clear, plain and free from ambiguity, it
must be given its interpretation. [Fianza v. PLEB, GR 109638. Mar. 31,
1995]. 2. The valid presumption that the words employed by the
legislature in a statute correctly express its intent or will and preclude
the court from construing it differently. The legislature is presumed to
know the meaning of the words, to have used words advisedly, and to
have expressed its intent by the use of such words as are found in the
statute. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701
(1992)]. 3. A statute or treaty is to be interpreted only from the words
contained within the statute or treaty. [Intl. Law Dict. & Direct., 2000].
See Verba legis non est recedendum.
Planter in bad faith. A planter who plants knowing that the land does
not belong to him and he has no right to plant thereon. [Morenos Law
Dict., 2000 Ed., p. 345].
Planting rice. The phrase merely refers to the setting of the palay
seedlings in the ground for growth, and uprooting the seedlings
preparatory to transplanting and final harrowing do not constitute part
of the work. [Atayde v. De Guzman, GR L-10578. Mar. 25, 1958].
Plant pest. Any form of plant or animal life, or any pathogenic agent,
injurious or potentially injurious to plants and/or plant products. [Sec.
2, PD 1433].
Plants. It shall comprise living plants and parts thereof, including seeds,
cuttings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and
others that are capable of propagation. [Sec. 2, PD 1433].
Point-blank. The term refers merely to the aim directed straight toward
a target and has no reference to the distance between the gun and the
target. [People v. Trinidad, GR 79123-25. Jan. 9, 1989, citing Webster's
3rd New Intl. Dict.].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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Police power. 1. The power inherent in the State to regulate liberty and
property for the promotion of the general welfare. 2. [Ermita-Malate
Hotel & Motel Operators Ass. v. City Mayor, 20 SCRA 849]. The state
authority to enact legislation that may interfere with personal liberty or
property in order to promote the general welfare. In its exercise, the
State may impose appropriate impositions or restraints upon liberty or
property in order to foster the common good. [Edu v. Ericta, 35 SCRA
481 (1970)].
Political law. That branch of public law which deals with the
organization and operation of the governmental organs of the state,
and defines the relation of the state with the inhabitants of the
territory. [People v. Perfecto, 43 Phil. 887, 897; Roa v. Coll. Of
Customs, 23 Phil. 315].
Poor. Individuals and families whose income fall below the poverty
threshold as defined by the NEDA and/or cannot afford in a sustained
manner to provide their minimum basic needs of food, health,
education, housing and other essential amenities of life. [Sec. 3, RA
8425].
Port. A place where ships may anchor or tie up for the purpose of
shelter, repair, loading or discharge of cargo, or for other such activities
connected with water-borne commerce, and including all the land and
water areas and the structures, equipment and facilities related to
these functions. [Sec. 3, PD 857].
Porter resolution. Intl. Law. The qualification under the Drago doctrine
which was later adopted in the Second Hague Conference that the
debtor state should not refuse or neglect to reply to an offer of
arbitration, or, after accepting the offer, prevent any compromis from
being agreed upon, or, after the arbitration, fail to submit to the award.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 56].
Portion. That which forms part of the whole. When one speaks of a
portion, logically one of its sides borders the remaining part of the
whole. [Morenos Law Dict., 2000 Ed., p. 348].
Port of entry. A port open to both foreign and domestic trade. The term
includes principal ports of entry and subports of entry. [Sec. 2, PD
1433].
Positive evidence. Evidence where the witness affirms that a fact did
or did not occur. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 4].
Compare with Negative evidence.
Positive testimony. It is when the witness affirms that a fact did or did
not occur. [Tanala v. NLRC, GR 116588. Jan. 24, 1996]. Compare with
Negative testimony.
Possessory lien of the unpaid seller. The right of the seller who is in
possession of the goods to retain possession of them until payment or
tender of the price in cases: (a) where the goods have been sold
without any stipulation as to credit; (b) where the goods have been
sold on credit, but the term of credit has expired; (c) where the buyer
becomes insolvent. [Diaz, Bus. Law Rev., 1991 Ed., p. 126, citing Art.
1527, CC].
Post-harvest facilities. 1. Facilities that include, but are not limited to,
fishport, fishlanding, ice plants and cold storages, fish processing
plants. [Sec. 4, RA 8550]. 2. Threshers, moisture meters, dryers,
weighing scales, milling equipment, fish ports, fish landings, ice plants
and cold storage facilities, processing plants, warehouses, buying
stations, market infrastructure and transportation facilities. [Sec. 4, RA
8435; Sec. 4, RA 7607].
Praeter intentionem. Lat. The act went beyond the intent. Lack of
intention to commit so grave a wrong as that committed. [Nizurtado v.
Sandiganbayan, GR 107383. Dec. 7, 1994].
Preamble. It is that part of the statute following the title and preceding
the enacting clause which states the reasons for, or the objects of, the
enactment. [Suarez, Stat. Con., (1993), p. 45].
Precarium. The contractual relation where the bailor may demand the
thing at will: (a) if neither the duration of the contract nor the use to
which the thing loaned should be devoted, has been stipulated; or (b) if
the use of the thing is merely tolerated by the owner. [Art. 1947, CC].
the competitor and not for the purpose of destroying competition shall
not be deemed predatory pricing. [Sec. 11, RA 8479].
Preempt. To take precedence over. [Intl. Law Dict. & Direct., 2004].
Pre-entry training. A basic skills training for immediate entry into the
working environment. [Sec. 1, Rule 1, Book 2, IRR of LC].
Pre-harvest activities. They include, but are not limited to, seedbed
and land preparation, planting, weeding, pest and disease control,
fertilizer application, water management and harvesting. [Sec. 4, RA
7607].
Pre-harvest facilities. They include, but are not limited to, plows,
harrows, tractors, rotavators and sprayers. [Sec. 4, RA 7607].
Prepositus. The descendant is the person from whom the degree should
be reckoned, or the one at the end of the line from which the property
came and upon whom the property last revolved by descent [Cabardo
v. Villanueva, 44 Phil. 186, 190].
Present value. That amount which, if invested now to earn a fixed rate
of interest, will be equivalent to a specified amount due on a specific
date in the future. [Bautista v. Auditor Gen., L-10859, Aug. 29, 1958].
Presumption of fact. Evid. The conclusion that, because one fact exists
or is true, another fact exists or is true. If no new facts arise to
contradict the presumption, it is evidence of proof of the fact. For
example, in some jurisdictions, if a married woman has a child, her
husband is presumed to be the father. [Tetley, Glossary of Conflict of
Laws, 2004]. See also Presumption hominis or Inference.
(1993), p. 34, citing Manila Lodge No. 761 v. CA, GR L-41001. Sep. 30,
1976].
Pretermission of Holiday. Where the day, or the last day, for doing
any act required or permitted by law falls on a regular holiday or special
day, the act may be done on the next succeeding business day. [Sec.
28, Chap. 7, Book I, Admin. Code of 1987].
the issues of fact and law involved in the action, such as the number of
witnesses the parties intend to present, the tenor or character of their
testimonies, their documentary evidence, the nature and purpose of
each of them, and the number of trial dates that each will need to put
on his case. [Bench Book for Trial Court Judges, p. 2-33].
Prevailing price. The average price at which any basic necessity has
been sold in a given time within a month from the occurrence of any of
the conditions enumerated under Sec. 6 of RA 7851. [Sec. 3, RA 7581].
Price ceiling. The maximum price at which any basic necessity or prime
commodity may be sold to the general public. [Sec. 3, RA 7581].
Prima facie. Lat. At first sight. 1. On the first appearance. On the face
of it. A fact presumed to be true unless disproved by some evidence to
the contrary. [Claridades, A., Compilation of Notes, 2001-2006]. 2. A
rule whereby a particular fact constitutes evidence of a state of affairs,
unless contradicted by other stronger, admissible evidence. [Tetley,
Glossary of Conflict of Laws, 2004].
Prima facie case. A case that is sufficient and has the minimum amount
of evidence necessary to allow it to continue in the judicial process.
[Glossary of Legal Terms (Pro-Se), 2004].
Principal display panel. That part of the label that is most likely to be
displayed, presented, shown or examined under normal and customary
conditions of display for retail or sale. [Art. 4, RA 7394].
Principals. The following are considered principals: (a) Those who take
a direct part in the execution of the act; (b) those who directly force or
induce others to commit it; (c) those who cooperate in the commission
of the offense by another act without which it would not have been
accomplished. [Art. 17, RPC].
Prior est in tempore, potior est in jure. Lat. He who is first in time is
preferred in right. [La Urbana v. Bernardo, 62 Phil. 790, 806].
Private bills. Bills filed in Congress that will not operate directly for the
public good but are calculated to serve goodwill (i.e., bills granting
honorary membership). [Claridades, A., Compilation of Notes,
2001-2006].
Private land. Any land belonging to any private person which includes
alienable and disposable land being claimed by a holder, claimant, or
occupant who has already acquired a vested right thereto under the
law, although the corresponding certificate or evidence of title or patent
has not been actually issued. [Sec. 3, RA 7942].
Private motor vehicle. Any of the following: (a) Any motor vehicle
owned by individuals and juridical persons for private use; (b) any
Private right. Titled rights of ownership under existing laws, and in the
case of primitive tribes, to rights of possession existing at the time a
license is granted under the Forestry Reform Code, which possession
may include places of abode and worship, burial grounds, and old
clearings, but excludes production forest inclusive of logged-over areas,
commercial forests and established plantations of forest trees and trees
of economic value. [Sec. 3, PD 705].
Privilege from arrest. Pol. Law. The immunity granted to the members
of the Congress under Art. VI, Sec. 11 of the 1987 Constitution from
arrest, in all offenses punishable by not more than six years
imprisonment, while the Congress is in session. [Claridades, A.,
Compilation of Notes, 2001-2006]. See Parliamentary immunities.
Privity of estate. That which exists between lessor and lessee, tenant
for life and remainderman or reversioner, etc. and their respective
assignees, and between joint tenants and co-partners. [Morenos Law
Dict., 2000 Ed., p. 365].
Privy. 1. One who is a partaker or has any part or interest in any action,
matter, or thing. [Morenos Law Dict., 2000 Ed., p. 365]. 2. A person
who is in privity with another. One who is a partaker or has any part or
interest in any action, matter, or thing. [Blacks Law Dict., Abr. 5th Ed.
(1983), 627].
Prize. Intl. Law. A thing captured at sea in time of war, such as a neutral
merchant vessel taken by a belligerent warship for engaging in hostile
activities or resisting visit and search, or because of reasonable
suspicion that it is liable to confiscation. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 152].
Probable cause, existence of. Requisites: (a) The judge (or) officer
must examine the witnesses personally; (b) the examination must be
under oath; and (c) the examination must be reduced to writing in the
form of searching questions and answers. [Marinas v. Sioco, 104 SCRA
403, Ponsica v. Ignalaga, GR 72301, July 31, 1987, 152 SCRA 647].
the executor the legal authority to execute the will. [Duhaime's Legal
Dict., 2004]. See Allowance of wills.
Probation officer. One who investigates for the court a referral for
probation or supervises a probationer or both. [Sec. 3, PD 968].
Pro bono. Lat. Provided for free. Pro bono publico means for the public
good. [Duhaime's Legal Dict., 2004].
and determine the matter before it; (b) jurisdiction must be lawfully
acquired over the person of the defendant or over the property which is
the subject of the proceeding; (c) the defendant must be given an
opportunity to be heard; and (d) judgment must rendered upon lawful
hearing. [El Blanco Espaol-Filino, v. Palanca, GR L-11390. Mar. 26,
1918]. Compare with Procedural due process in administrative
proceedings.
Procedural law. Also Adjective private law. The means and methods
of setting the courts in motion, making the facts known to them and
effectuating their judgments. [Suarez, Stat. Con., (1993), p. 39].
Compare with Substantive private law.
Procedure. The means whereby the court reaches out to restore rights
and remedy wrongs, and includes every step which may be taken from
the beginning to the end of a case [Maritime Co. v. Paredes, GR
L-24811. Mar. 3, 1967, citing 72 CJS 473].
Procuring entity, head of the. (i) The head of the agency or his duly
authorized official, for national government agencies; (ii) the governing
board or its duly authorized official, for government-owned
and/or-controlled corporations; or (iii) the local chief executive, for local
government units. Provided, That in a department, office or agency
where the procurement is decentralized, the Head of each decentralized
unit shall be considered as the Head of the procuring entity subject to
the limitations and authority delegated by the head of the department,
office or agency. [Sec. 5, RA 9184].
Producer goods. Goods (as tools and raw material) that are factors in
the production of other goods and that satisfy wants only indirectly;
also called auxiliary goods, instrumental goods, intermediate goods.
(They are by their very nature not sold to the public for consumption.)
[Marsman & Co. v. First Coconut Central Co., GR L-39841. June 20,
1988, citing Webster's 3rd New Intl. Dict., 1971 Ed.].
Production cost. The total of the cost of direct labor, raw materials,
and manufacturing overhead, determined in accordance with generally
accepted accounting principles, which are incurred in manufacturing or
processing the products of a registered export producer. [Sec. 3, RA
6135].
Professional. One who pursues an art and makes his living therefrom
such as artists, athletes and others similarly situated. [Sec. 2, RA
7496].
Profit. 1. The series of an amount received over the amount paid for
goods and services. [Nicolas v. CA, GR 122857. Mar. 27, 1998, citing
Barron's Law Dict., 1991]. 2. The excess of return over expenditure in a
transaction or series of transactions. [Nicolas v. CA, GR 122857. Mar.
27, 1998, citing Webster's 3rd New Intl. Dict., Unabr., 1986].
Pro-forma motion for new trial. 1. A motion for new trial based
exactly on the very ground alleged in the motion for reconsideration,
which does not suspend the period granted by law for perfecting an
appeal. [Samudio v. Municipality of Gainza, 100 Phil. 1013 (1957)]. 2. A
motion for new trial where the evidence claimed to be newly discovered
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Pro hac vice. Lat. For this turn; for this one particular occasion. [Blacks
Law Dict., Abr. 5th Ed. (1983), 633].
Prohibited drug. 1. This includes opium and its active components and
derivatives, such as heroin and morphine; coca leaf and its derivatives,
principally cocaine; alpha and beta eucaine; hallucinogenic drugs, such
as mescaline, lysergic acid diethylamide (LSD) and other substances
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Prohibitive laws, rule on. The rule that prohibitive laws concerning
persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered
ineffective by laws, or judgments promulgated, or by determinations or
conventions agreed upon in a foreign country. [Art. 17, CC].
Promotion shares. Corp. Law. (a) Such shares as are issued to those
who may originally own the mining or valuable rights connected
therewith, in consideration of their deeding the same to the mining
company when the company is incorporated, or (b) such shares as are
issued to promoters, or those in some way interested in the company,
or for services rendered in launching or promoting the welfare of the
company, such as advancing the fees for incorporating, advertising,
attorneys fees, surveying, etc. [De Leon, Corp. Code of the Phil.
Annotated, 1989 Ed., p. 63, citing 11 Fletcher, p. 48].
Prompt. Done without delay. [Morenos Law Dict., 2000 Ed., p. 370].
Proof. The degree or kind of evidence which will produce full conviction,
or establish the proposition to the satisfaction of the court. [Francisco,
Evidence, Vol. VII, Part 1, 1997 Ed., p. 2].
Proof beyond reasonable doubt. 1. Proof that calls for moral certainty
of guilt. [People v. Raquel, GR 119005. Dec. 2, 1996]. 2. Such proof to
the satisfaction of the court, keeping in mind the presumption of
innocence, as precludes every reasonable hypothesis except that which
it is given to support. It is not sufficient for the proof to establish a
probability, even though strong, that the fact charged is more likely to
be true than the contrary. It must establish the truth of the fact to a
reasonable and moral certainty a certainty that convinces and
satisfies the reason and the conscience of those who are to act upon it.
[Moreno, Phil. Law Dict., 1972 Ed., p. 379, citing US v. Reyes, 3 Phil.
3].
Proof of the truth. The truth which may be given in evidence to the
court in every criminal prosecution for libel and which, if it appears that
the matter charged as libelous is true, and, moreover, that it was
published with good motives and for justifiable ends, shall acquit the
defendants. [Art. 361, RPC].
Proper law. The principle of conflict of laws according to which the law
applicable to a given legal situation should be the law having the
closest and most real connection to the case. [Tetley, Glossary of
Conflict of Laws, 2004].
Proper look-out. Mar. Law. One who has been trained as such and who
is given no other duty save to act as a look-out and who is stationed
where he can see and hear best and maintain good communication
with the officer in charge of the vessel, and who must, of course, be
vigilant. [Smith Bell and Co. (Phils.), Inc. v. CA, GR 56294. May 20,
1991].
Properly applicable law. The law which has the closest and most real
connection (or most significant relationship) with the contract or tort,
right. They are things res publicae in nature and hence, incapable of
private appropriation. [Rep. v. Alagad, GR 66807. Jan. 26, 1989].
Property utilization. The usage which will be adopted for the property
whether for commercial, agricultural or residential purposes, or a mix
of these. [Memo. from the Exec. Sec. dated Aug. 20, 1998].
Propina. Earnest money, gratuity or fee. [Morenos Law Dict., 2000 Ed.,
p. 372].
Proposal bond. Also Bid bond. A bond which has for its purpose to
assure the owner of the project of the good faith of the bidder and that
the bidder will enter into a contract with the project owner should his
proposal be accepted. [Eastern Assurance & Surety Corp. v. IAC, GR
69450. Nov. 22, 1989]. Compare with Performance bond.
Proprietor. 1. One who has the legal right of exclusive title to anything,
whether in possession or not; an owner, sometimes, especially in
statutory construction, in a wider sense, a person having interest less
than absolute and exclusive right, as the usufruct, present control and
use, of property. [Blaquera v. De Aldaba, GR L-1053. Mar. 30, 1960,
citing Vol. II Merriam-Webster, 2nd Ed., p. 1986]. 2. Owner; person
who has legal right or title to anything. [Glossary of Legal Terms
(Pro-Se), 2004].
Pro se. Lat. 1. In one's personal behalf. [Duhaime's Legal Dict., 2004]. 2.
For himself; in his own behalf. One who does not retain a lawyer and
appears for himself in court. [Jurists Legal Dict., 2004]. Contrast with
Pro socio.
Pro tanto. Lat. For so much; for as much as may be; as far as it goes.
[Claridades, A., Compilation of Notes, 2001-2006].
Protection Order. An order issued under this act for the purpose of
preventing further acts of violence against a woman or her child
specified in Section 5 of RA 9262 and granting other necessary relief.
The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in
the victim's daily life, and facilitating the opportunity and ability of the
Pro tempore. Lat. Something done temporarily only and not intended to
be permanent. [Duhaime's Legal Dict., 2004].
Protest. Nego. Inst. 1. A formal document made under the hand and
seal of a Notary Public certifying to the circumstances of a foreign bill.
[Diaz, Bus. Law Rev., 1991 Ed., p. 372]. 2. Formal certification that a
negotiable instrument was dishonored by a party liable for its payment.
[Intl. Law Dict. & Direct., 2004].
Proximate legal cause. That acting first and producing the injury,
either immediately or by setting other events in motion, all constituting
a natural and continuous chain of events, each having a close causal
connection with its immediate predecessor, the final event in the chain
immediately effecting the injury as a natural and probable result of the
cause which first acted, under such circumstances that the person
responsible for the first event should, as an ordinarily prudent and
intelligent person, have reasonable ground to expect at the moment of
his act or default that an injury to some person might probably result
therefrom. (Urbano v. IAC, GR 72964, Jan. 7, 1988, 157 SCRA 1,
quoting Vda. De Bataclan v. Medina, 102 Phil. 181).
Proximity rule. The rule that, in every inheritance, the relative nearest
in degree excludes the more distant ones, saving the right of
representation when it properly takes place. [Art. 962, CC].
Public debt. That debt which is due (to) or owing by the government.
[Peralta v. Serrano, GR L-16523. Nov. 29, 1960, citing 2 Bouvier's Law
Dict. (3rd Rev.) 1912, at p. 2764].
Public forest. 1. The mass of lands of the public domain which has not
been the subject of the present system of classification for the
determination of which lands are needed for forest purposes and which
are not. [Sec. 3, PD 705]. 2. It includes, except as otherwise specially
indicated, all unreserved public land including nipa and mangrove
swamps and all forest reserves of whatever character. [Sec. 1820, Act
926].
Public lands. Lands of the public domain which have been classified as
agricultural lands and subject to management and disposition or
concession under existing laws. [Sec. 3, RA 7942].
plazas, parks, and the like. [Sec. 1, PD 426]. 2. One that is dedicated to
the service of the general public and is operated under government
control and supervision as a public utility, whether it be owned by the
government or any instrumentality thereof or by any private individual.
[Aranque Market Ext. Chinese Vendors Assoc. v. De la Fuente, 48 OG
94].
Public motor vehicle. Public utility vehicle or vehicle for hire. [Sec. 3,
RA 8750].
Public officials. Elective and appointive officials and employees (of the
government), permanent or temporary, whether in the career or
non-career service, including military and police personnel, whether or
Public order. A civil law term which refers to domestic rules and legal
principles reflecting lofty standards of morality and social conduct in a
civilized society. [Tetley, Glossary of Conflict of Laws, 2004].
Public sale. One where there has been public notice of the sale, in
which anybody has a right to bid and offer to buy. [Tolentino, Civil
Code of the Phil., Vol. II, Repr. 2001, p. 310].
Public service. The term includes every person that now or hereafter
may own, operate, manage, or control in the Philippines, for hire or
compensation, with general or limited clientele, whether permanent,
occasional or accidental, and done for general business purposes any
common carrier, railroad, street railway, traction railway, subway,
motor vehicle, either for freight or passenger, or both, with or without
fixed route and whatever may be its classification, freight or carrier
service of any class, express service, steamboat, or steamship line,
pontines, ferries, and small water craft, engaged in the transportation
of passengers and freight, shipyard, marine railway, marine repair
shop, warehouse, wharf or dock, ice plant, ice-refrigeration plant,
canal, irrigation system, sewerage, gas, electric light, heat and power,
water supply and power, petroleum, sewerage system, telephone, wire
or wireless telegraph system and broadcasting radio stations. [Sec. 13
(b) of the Public Service Law (CA 146)].
106440. Jan. 29, 1996, citing Montana Power Co. v. Bokma, Mont. 457
P.2d 769, 772, 773]. 2. Public advantage, convenience or benefit,
which tends to contribute to the general welfare and the prosperity of
the whole community, like a resort complex for tourists or housing
project. [Ardano v. Reyes, 125 SCRA 220 (1983); Sumulong v.
Guerrero, 154 SCRA 461 (1987)].
Public way. Any street, alley or other strip of land unobstructed from
the ground to the sky, deeded, dedicated or otherwise permanently
appropriated for public use. [Sec. 3, PD 1185].
Pudendum. Legal Med. Also called the Vulva. A collective term for the
labia majora, labia minora, clitoris, and vaginal orifice. [Olarte, Legal
Med., 1st Ed. (2004), p. 124].
upon the purchaser of the goods. [Diaz, Bus. Law Rev., 1991 Ed., p.
110].
and includes, among others, quantity, period and mode of delivery, unit
and total price per item, and mode of payment. [IRR on Supply & Prop.
Mgt., per Sec. 383, LGC].
Purchaser in good faith and for value. One who buys the property of
another without notice that some other person has a right to or interest
in such property and pays a full and fair price for the same at the time
of such purchase or before he has notice of the claim or interest of
some other person in the property. [Guzman, Bocaling & Co. v.
Bonnevie, 206 SCRA 668 (1992), pp. 675-677].
Putang ina mo. Tag. A common expression in the dialect that is often
employed not really to slander but rather to express anger or
displeasure. [Reyes v. People, L-21528, Mar. 28, 1969, 27 SCRA 686].
-Q-
Quack doctor. One who practices medicine without the benefit of
education. [Morenos Law Dict., 2000 Ed., p. 379].
Qualified occupant. Tenant. The Urban Land Reform Law (PD 1517)
defines the term in the same context as the term tenant. [Vergara v.
IAC, GR 74998. May 7, 1990].
Qualified theft of logs. Elements: (a) That the accused cut, gathered,
collected or removed timber or other forest products; (b) that the
timber of other forest products cut, gathered, collected or removed
belongs to the government or to any private individual; and (c) that the
cutting, gathering, collecting or removing was without authority under a
117438. June 8, 1995, citing CPR, Canon 20, Rule 20.1, June 21, 1988].
2. A legal principle under which a person should not be obliged to pay,
nor should another be allowed to receive, more than the value of the
goods or services exchanged. [Duhaime's Legal Dict., 2004].
Quasi. Lat. As if; almost as it were; analogous to. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 650].
Quasi in rem action. An action between parties where the direct object
is to reach and dispose of property owned by them or of some interest
therein. [Quasha v. Juan, GR L-49140. Nov. 19, 1982].
Task Force v. CA, GR 83578. Mar. 16, 1989, citing Gonzales, Admin.
Law, A Text 13 (1979)].
Quid pro quo. Lat. Something for something. The giving of something in
exchange for another thing of equal value. [Duhaime's Legal Dict.,
2004].
Qui facit per allum facit per se. Lat. He who acts through another,
acts by himself. [BPI v. De Coster, 49 Phil. 574, Nov. 12, 1926].
Qui in jus dominumve alterius succedit, jure ejus uti debet. Lat.
He who succeeds to the right or property of another must use the same
right as he. [Quijano v. Cabale, 49 Phil. 367, citing Escriche's Dict., title
Heredere].
Qui jure suo utitur mullum damnum facit. Lat. One who makes use
of his own legal right does no injury. [Auyong Hian v. CTA, GR L-28782.
Sep. 12, 1974].
Qui non negat fatetur. Lat. The failure to deny becomes an admission.
[Piedad v. Lanao Del Norte Electric Coop., GR 73735. Aug. 31, 1987].
Qui per alium facit per seipsum facere videtur. Lat. He who does a
thing by an agent is considered as doing it himself. This rule is affirmed
by the Civil Code thus: Art. 1910. The principal must comply with all
the obligations which the agent may have contracted within the scope
of his authority. and Art. 1911. Even when the agent has exceeded
his authority, the principal is solidarily liable with the agent if the
Qui prior est tempore, potior est jure. Lat. He who is before in time
is the better in right. Priority in time gives preference in law. [Victronics
Computers, Inc. v. RTC, Branch 63, Makati, GR 104019. Jan. 25, 1993,
citing Black's Law Dict., 5th Ed., p. 1125].
-R-
Radioactive substance. Any substance which emits ionizing radiation.
[Art. 4, RA 7394].
Rape. (Derived from the Latin word, rapere, literally meaning, to seize
with violence) Crim. Law. 1. The felony committed by having carnal
knowledge of a woman under any of the following circumstances: (a)
By using force or intimidation; (b) when the woman is deprived of
reason or otherwise unconscious; and (c) when the woman is under
twelve years of age, even though neither of the circumstances
mentioned in the two next preceding numbers shall be present. [Art.
335, RPC]. 2. Generally defined as the carnal knowledge of a woman by
a man forcibly and unlawfully against her will. [People v. Padre-e, GR
112969-70. Oct. 24, 1995]. 3. Carnal knowledge of a woman by a man
which must be unlawful, that is, without her consent and against her
utmost resistance. The presence or absence of traces of spermatozoa is
immaterial, since it is penetration, however slight, and not ejaculation,
that makes it rape. [People v. Gerones, 193 SCRA 263 (1991)].
Rape. Elements: (a) That the offender has had carnal knowledge of a
woman; and (b) that such act is accomplished (1) by using force or
intimidation, or (2) when the woman is deprived of reason or otherwise
unconscious, or (3) when the woman is under twelve (12) years of age.
[Gonzales v. CA, GR 108811. May 31, 1994].
Rate. Admin. Law. Any charge to the public for a service open to all and
upon the same terms, including individual or joint rates, tolls,
classifications, or schedules thereof, as well as commutation, mileage,
kilometerage and other special rates which shall be imposed by law or
regulation to be observed and followed by any person. [Sec. 2, Chap.
1, Book VII, EO 292].
Rate. Ins. Generally, the ratio of the premium to the amount insured and
shall include, as the context may require, either the consideration to be
paid or charged for insurance contracts, including surety bonds, or the
elements and factors forming the basis for the determination or
application of the same, or both. [Sec. 339, IC].
Rate base. The money honestly and prudently invested in the used and
useful property and equipment less accrued depreciation plus
one-twelfth of the annual cash operating expenses as working capital.
[Sec. 5, RA 3187].
from all its defects from the moment it was constituted [Art. 1396, CC];
and (c) it makes the contract perfectly valid from the moment of its
celebration and not from the time of ratification. [Diaz, Bus. Law Rev.,
1991 Ed., p. 89].
Ratio legis est anima. Lat. The reason of law is its soul. [Comendador
v. De Villa, GR 93177. Aug. 2, 1991].
Ratio legis est anima legis. Lat. The reason of the law is the soul of
the law. [Morenos Law Dict., 2000 Ed., p. 387].
Real estate. 1. As a general rule, the term connotes the land and the
building or structure adhering thereto. [Morenos Law Dict., 2000 Ed.,
p. 387]. 2. For purposes of taxation, all land within the district by which
the tax is levied, and all rights and interests in such land, and all
buildings and other structures affixed to the land, even though as
between the landlord and the tenant they are the property of the
tenant and may be removed by him at the termination of the lease.
Real estate broker. Any person, other than a real estate salesman as
hereinafter defined, who for another, and for a compensation or in the
expectation or promise of receiving compensation, (a) sells or offers for
sale, buys or offers to buy, lists, or solicits for prospective purchasers or
negotiates the purchase, sale or exchange of real estate or interests
therein; (b) or negotiates loans or real estate; (c) or leases or offers to
lease or negotiates the sale, purchase or exchange of a lease, or rents
or places for rent or collects rent from real estate or improvements
thereon; (d) or shall be employed by or on behalf of the owner or
owners of lots or other parcels of real estate at a stated salary, on
commission, or otherwise, to sell such real estate or any parts thereof
in lots or parcels. [Sec. 1, PD 426].
Real estate tax. A tax in rem against realty without personal liability
therefor on part of owner thereof, and a judgment recovered in
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proceedings for enforcement of real estate tax is one in rem against the
realty without personal liability against the owner. [Villanueva v. City of
Iloilo, GR L-26521. Dec. 28, 1968, citing 36 Words & Phrases, 286].
Real plurality. Also Concurso real. This arises when the accused
performs an act or different acts with distinct purposes and resulting in
different crimes which are juridically independent. Unlike ideal plurality,
this real plurality is not governed by Art. 48 of the Rev. Penal Code.
[Gamboa v. CA, GR L-41054. Nov. 28, 1975, citing The Rev. Penal
Code, Aquino, Vol. I 1961 Ed., at 555-56].
Real property. 1. Also Real estate. Land and buildings and other
improvements which are more or less of permanent structure and
substantially adhering to the land with the intent of permanent
annexation. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Land,
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Real Property Tax Code. PD 464 signed into law on May 20, 1974.
Real union. Intl. Law. A union created when two or more states are
merged under a central authority through which they act in the
direction of their external affairs. The states forming this union do not
lose their status as such but their respective international personalities
are extinguished and blended in the new international person which,
however, is not considered a state. [Cruz, Intl. Law Reviewer, 1996 Ed.,
p. 13]. Compare with Personal union.
Reasonable bail. That bail which, in view of the nature of the offense,
the penalty which the law attaches to it and the probabilities that guilt
will be established on the trial, seems no more than sufficient to secure
the partys attendance. In determining this, some regard should be had
Rebus sic stantibus principle. The theory under which the parties
stipulate in the light of certain prevailing conditions, and once these
conditions cease to exist, the contract also ceases to exist. [Naga
Telephone Co. v. CA, 230 SCRA 351, 365 (1994) citing IV Tolentino
347]. This theory is said to be the basis of Art. 1267 of the Civil Code,
(which enunciates the doctrine of unforeseen events and) which
provides: When the service has become so difficult as to be manifestly
beyond the contemplation of the parties, the obligor may also be
released therefrom, in whole or in part. [PNCC v. CA, GR 116896. May
5, 1997].
Recall, written petition for. A petition duly signed before the election
registrar or his representative, and in the presence of a representative
of the petitioner and a representative of the official sought to be
recalled and, and in a public place in the province, city, municipality, or
barangay, as the case may be, and filed with the Comelec through its
office in the local government unit concerned. [Sec. 70 (d) (1), LGC].
Received the goods in good order and condition. It means that the
goods were in fact delivered to and received as such by the person who
signed the invoice. [Morenos Law Dict., 2000 Ed., p. 391].
problems for the purpose of determining the appropriate care for them
or recommending their permanent treatment or rehabilitation in other
child welfare agencies. [Art. 117, PD 603].
Recidivist. Crim. Law. A person who, at the time of his trial for one
crime, shall have been previously convicted by final judgment of
another crime embraced in the same title of the Rev. Penal Code.
[People v. Kintuan, GR 74100. Dec. 3, 1987; Art. 14, RPC].
Reciprocal wills. Succ. Wills in which the testators name each other as
beneficiaries under similar testamentary plans. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 104, citing 57 Am. Jur. Sec.
681, p. 459].
Reclusion temporal. The penalty shall be from twelve years and one
day to twenty years (of imprisonment). [Art. 27, RPC].
Recto Law. Act 4122, now Art. 1484 of the Civil Code, which provides:
"In a contract of sale of personal property the price of which is payable
in installments, the vendor may exercise any of the following remedies:
(a) Exact fulfillment of the obligation, should the vendee fail to pay; (b)
cancel the sale, should the vendee's failure to pay cover two or more
installments; (c) foreclose the chattel mortgage on the thing sold, if one
has been constituted, should the vendee's failure to pay cover two or
more installments. In this case, he shall have no further action against
the purchaser to recover any unpaid balance of the price. Any
agreement to the contrary shall be void. [Dela Cruz v. Asian
Consumer, GR 94828. Sep. 18, 1992].
Redeemable bonds. Corp. Law. Bonds which give the issuer the right
to pay off the bonds even before maturity. [Diaz, Bus. Law Rev., 1991
Ed., p. 269].
Redemption. Buying back. When a vendor later buys the property back.
A right of redemption gives the vendor the right to buy back the
property. [Duhaime's Legal Dict., 2004]. See Right of redemption
and Equity of redemption.
Referee. Rem. Law. A person to whom the court refers a pending case
to take testimony, hear the parties, and report back to the court. A
referee is an officer with judicial powers who serves as an arm of the
court. [Glossary of Legal Terms (Pro-Se), 2004]. Also called
Commissioner.
Referral selling. The sales device employed by the sellers wherein the
buyer is induced to acquire goods or services by representing that after
the acquisition of the goods or services, he will receive a rebate,
commission or other benefit in return for the submission of names of
potential customers or otherwise helping the seller enter into other
sales, if the receipt of such benefit is contingent on an event occurring
after the sale is made. [Art. 4, RA 7394].
Refined gold. Gold that has been purified to the fineness acceptable to
the Central Bank (now Bangko Sentral). [Sec. 1, RA 6364].
Refugee. Intl. Law. Any person who is outside the country of his
nationality, or if he has no nationality, the country of his former
habitual residence, because he has had or had well-grounded fear of
persecution by reason of his race, religion, nationality or political
opinion and is unable or, because of such fear, is unwilling to avail
himself of the protection of the government of the country of his
nationality, or, if he has no nationality, to return to the country of his
former habitual residence. [Sandoval, Pol. Law Reviewer 2003].
mineral or timber lands which are public lands, are not subject to
private ownership unless they under the Constitution, become private
properties. In the absence of such classification, the land remains
unclassified public land until released therefrom and rendered open to
disposition. [Dir. of Lands v. IAC, GR 73246. Mar. 2, 1993, 219 SCRA
339]. 2. The doctrine that holds that all lands of the public domain are
owned by the State, [Sec. 2. Art. XII, 1987 Const.] and that the State is
the source of any asserted right to ownership in land and charged with
the conservation of such patrimony. [Rep. v. CA, 89 SCRA 648 (1979)].
Regalian theory. A doctrine which states that all lands in the Philippines
are presumed to belong to the government, and anyone who claims
ownership or title to a land must positively establish that he acquired
the same by any of the modes allowed by law, or that he and his
predecessors-in-interest have been in possession of the land since time
immemorial. [Morenos Law Dict., 2000 Ed., p. 396].
Region of war. Intl. Law. The place where the belligerents may lawfully
engage each other, as distinguished from the theater of war. [Cruz,
Intl. Law Reviewer, 1996 Ed., pp. 138-139].
Registered bond. Corp. Law. One which is payable only to the person
whose name appears on the face of the bond certificate and in the
bond register of the company; hence, it is not negotiable. It is,
however, transferable, and the transfer of a registered bond is possible
only by recording the transfer on the transfer books of the company
and registering the name of the new owner, [Martin, Commentaries
and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69].
Registered voter. Elec. Law. One who is duly registered in the list of
voters because he possesses the qualifications for suffrage. [Suarez,
Pol. Law Reviewer, 1st Ed., 2002, p. 309].
Regressive tax. Tax the rate of which decreases as the tax base or
bracket increases. (There is no such tax in the Philippines.) [De Leon,
Fundamentals of Taxation, 2000 Ed., p. 15].
Regular employee. An employee who has been performing the job for
at least one year, even if the performance is not continuous or merely
intermittent. The law deems the repeated and continuing need for its
performance as sufficient evidence of the necessity if not
indispensability of that activity to the business. Hence, the employment
is also considered regular, but only with respect to such activity and
while such activity exists. [De Leon v. NLRC, GR 70705. Aug. 21, 1989].
the like which have for their purpose, the development of skills, or
which provides counseling, or which seeks to inculcate, social and
moral values to clientele who have a drug problem with the pain of
weaning them from drugs and making them drug-free, adapted to their
families and peers, and readjusted into the community as law-abiding,
useful and productive citizens. [Sec. 1, RA 9241]. 2. Child and Youth
Welfare Law. An institution that receives and rehabilitates youthful
offenders or other disturbed children. [Art. 117, PD 603]. 3. An
organized service of varied rehabilitation measures usually located in
one site for the rehabilitation of disabled individuals. [Sec. 1, Rule 9,
Rules on Employees Compensation].
Relative poverty. The gap between the rich and the poor. [Sec. 3, RA
8425].
Relator. An informer; a person who has supplied the facts required for a
criminal prosecution or a civil suit. [Duhaime's Legal Dict., 2004].
Relief. 1. Rem. Law. The redress sought or prayed for by the plaintiff.
[Bachrach v. Icaringal, 68 Phil. 287]. Compare with Remedy. 2.
Admin. Law. The whole or part of any grant of money, assistance,
license, authority, privilege, exemption, exception, or remedy;
recognition of any claim, right, immunity, privilege, exemption or
exception; or taking of any action upon the application or petition of
any person. [Sec. 2, Chap. 1, Book VII, EO 292].
Relief from judgment, petition for. See Petition for relief from
judgment.
Remaining economic life. The period of time (years) from the date of
appraisal to the date when the machinery becomes valueless. [Sec. 3,
PD 464].
Remedial statute. 1. A statute that does not create new rights or take
away rights that are already vested. It only operates in furtherance of a
remedy or confirmation of rights already in existence. It does not come
within the legal purview of a prospective law. As such, it can be applied
retroactively independent of the general rule against the retrospective
application of statutes. [Casabar v. Sino Cruz, GR L-6882, Dec. 29,
1954]. 2. Being procedural in nature, it shall apply to all actions
pending at the time of its enactment except only with respect to those
cases which had already attained the character of a final and executory
judgment. [People v. Sumilang, 77 Phil 764 (1946); Mun. Govt. of
Coron, Palawan v. Cario, 154 SCRA 216 (1987)]. See Curative
statutes.
Removal. The term imports the separation of the incumbent before the
expiration of his term (which) is allowed by the Constitution only when
it is for cause as provided by law. [Achacoso v. Macaraig, GR 93023.
Mar.13, 1991].
Rendition of judgment. The filing of the signed decision with the clerk
of court, and not the pronouncement of the judgment in open court.
Before such filing, the decision may still be subject to amendment and
change and may not yet be considered effective and binding. [Ago v.
CA, GR L-17898. Oct. 31, 1962]. Compare with Promulgation.
877; Sec.4, RA 9161]. 2. The amount paid for the use of dwelling units
or land on which another's dwelling is located whether payment is
made on a fifteen-day, monthly or other basis. [Sec. 2, RA 6359; Sec.
2, RA 6126].
joining the principal except when the contract involves things belonging
to the principal. [Sec. 3, Rule 3, RoC].
Reprisal. Intl. Law. 1. Unlawful acts taken by one state in retaliation for
the also unlawful acts of another state, the purpose being to bring the
offending state to terms. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126].
2. The act of punishing another for some injury the latter caused. An
act of self-help by the injured state, responding - after an unsatisfied
demand - to an act contrary to international law committed by the
offending state. Its object is to effect reparation from the offending
state for the offense or a return to legality by the avoidance of further
offenses. The UN General Assembly in its 1970 Declaration on Principles
of International Law declared that "States have a duty to refrain from
acts of reprisal involving the use of force." Resolution 2625 (XXV). [Intl.
Law Dict. & Direct., 2000].
Res. Lat. A thing. The vessel or cargo to which a maritime lien attaches.
[Intl. Law Dict. & Direct., 2000].
subject matter and the parties; and (d) there must be between the two
cases identity of parties, identity of subject matter and identity of cause
of action. [Mla. Golf & Country Club, Inc., GR 64948. Sep. 27, 1994].
benefit of relatives who are within the third degree and who belong to
the line from which said property came. [Art. 891, CC].
Reserved land. A public land that has been withheld or kept back from
sale or disposition. [National Devt. Co. v. Cebu City, GR 51593. Nov. 5,
1992 citing Black's Law Dict., 4th Ed., p. 1473].
Residuary estate. That which remains after debts and expenses of the
administration, legacies and devisees have been satisfied. [Morenos
Law Dict., 2000 Ed., p. 411].
Residue. The surplus of a testators estate remaining after all debts and
particular legacies have been discharged. [Morenos Law Dict., 2000
Ed., p. 411].
Res inter alios acta aliis non nocet. Lat. The act and declaration of
one cannot and should not harm others. [Morenos Law Dict., 2000 Ed.,
p. 405].
Res inter alios acta alteri nocere non debet. Lat. Things done
between strangers ought not to injure those who are not parties to
them. [People v. Tena, GR 100909. Oct. 21, 1992, citing Black's Law
Dict., 5th Ed., 1979, p. 1178].
Res inter alios acta nobis nec nocet, nec prodest. Lat. A
transaction between two parties ought not to operate to the prejudice
of a third person. [Tinitigan v. Tinitigan, GR L-45418. Oct. 30, 1980].
Res inter alios acta nocere non debet. Lat. Things done between
strangers ought not to injure those who are not parties to them.
[Napocor v. NLRC, GR 90933-61. May 29, 1997, citing Black's Law Dict.
1178, 5th Ed., 1979].
Res ipsa loquitur. Lat. The thing speaks for itself. Doctrine of Torts and
Damages. 1. Where the thing which caused the injury complained of is
shown to be under the management defendant or his servants and the
accident is such as in the ordinary course of things does not happen if
those who have its management or control use proper care, it affords
reasonable evidence, in absence of explanation by defendant, that the
accident arose from want of care. [Africa v. Caltex, GR L-12986. Mar.
31, 1966, citing 45 C. J. 768, p. 1193]. 2. Rebuttable presumption or
inference that defendant was negligent, which arises upon proof that
[the] instrumentality causing injury was in defendant's exclusive
control, and that the accident was one which ordinary does not happen
in absence of negligence. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
678].
Res judicata. Elements: (a) The former judgment must be final; (b) the
court which rendered it had jurisdiction over the subject matter and the
parties; (c) it must be a judgment on the merits; and, (d) there must
be between the first and the second actions identity of parties, subject
matter and causes of action. [Mangoma v. CA, GR 99375. Feb. 1,
1995].
Res nullius. Lat. Things which have no owners or which have been
intentionally abandoned by their owners. [Claridades, A., Compilation of
Notes, 2001-2006].
have another erection for some time. The time between erections
(refractory period) generally increases as men age while, in contrast,
many women are able to respond to additional stimulation almost
immediately after orgasm. [Olarte, Legal Med., 1st Ed. (2004), p. 112].
Resoluto jure dantis resolvitur jus accipientis. Lat. The right of the
grantor being extinguished, the right granted is extinguished. [Saul v.
Hawkins, GR 66. May 1, 1902].
Resolutory period (in diem). The obligation takes effect at once but
terminates upon the arrival of the period. [Diaz, Bus. Law Rev., 1991
Ed., p. 16].
Res perit domino suo. Lat. The owner bears the risk of loss.
[Claridades, A., Compilation of Notes, 2001-2006].
Rest. A party is said to rest or rest its case when it has presented all the
evidence it intends to offer. [Glossary of Legal Terms (Pro-Se), 2004].
Restaurant. Any place which provides food to the public and accept
orders from them at a price. This term includes caterers. [Sec. 1, PD
426].
Result of the election. The net result of the election in the rest of the
precincts in a given constituency, such that if the margin of a leading
candidate over that of his closest rival in the latter precincts is less than
the total number of votes in the precinct where there was failure of
election, then such failure would certainly affect the result of the
election; hence, a special election must be held. [Lucero v. Comelec,
GR 113107. July 20, 1994].
Retail. A sale where the purchaser buys the commodity for his own
consumption, irrespective of the quantity of the commodity sold. [Sec.
131, RA 7160].
Retail enterprise. One open to the general consuming public for the
sale of goods that are commonly bought by end-users for personal or
household use. [Sec. 1, PD 1634].
but the restriction of RA 8762 shall not apply to the following: (a) Sales
by manufacturer, processor, laborer, or worker, to the general public
the products manufactured, processed or products by him if his capital
dose not exceed P100,000.00; (b) Sales by a farmer or agriculturist
selling the products of his farm; (c) Sales in restaurant operations by a
hotel owner or inn-keeper irrespective of the amount capital: provided,
that the restaurant is incidental to the hotel business; and (d) Sales
which are limited only to products manufactured, processed or
assembled by a manufactured, processed or assembled by a
manufacturer though a single outlet, irrespective of capitalization. [Sec.
3, RA 8762].
Retired shares. Corp. Law. Shares which have been withdrawn and
have disappeared altogether. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].
Revenue bill. A bill filed in Congress proposing to levy taxes and raise
funds for the government. [Claridades, A., Compilation of Notes,
2001-2006].
Revenue funds. All funds deprived from the income of any agency of
the Government and available for appropriation or expenditure in
accordance with law. [Sec. 2, Chap. 1 Subtitle B, EO 292].
Revised Penal Code, The. Act 3815 entitled An Act revising the Penal
Code and other penal laws enacted on Dec. 8, 1930 and took effect on
Jan. 1, 1932.
least some acts of violence. [Ibid, citing State v. Diamond, 202 P. 988,
991]. 3. That which occurs whenever the legal order of a community is
nullified and replaced by a new order a way not prescribed by the first
order itself. [Ibid, citing Kelsen's, Gen. Theory of Law and State].
Riba. The term has the meaning assigned to it by Islamic law and
jurisprudence as expounded by authoritative sources; in the context of
banking activities, the term includes the receipt and payment of interest
in the various types of lending and borrowing and in the exchange of
currencies on forward basis. [Sec. 44, RA 6848].
Right and wrong test. The test under which a person is determined to
be insane when he suffers from such perverted condition of the mental
and moral faculties as to render him incapable of distinguishing
between right and wrong. [People v. Dungo, GR 89420. July 31, 1991].
Compare with Delusion test and Irresistible impulse test.
Right of privacy. The right to be let alone, like the right of free
expression, (which) is not an absolute right. A limited intrusion into a
person's privacy has long been regarded as permissible where that
person is a public figure and the information sought to be elicited from
him or to be published about him constitute matters of a public
character. Succinctly put, the right of privacy cannot be invoked to
resist publication and dissemination of matters of public interest. The
interest sought to be protected by the right of privacy is the right to be
free from "unwarranted publicity, from the wrongful publicizing of the
private affairs and activities of an individual which are outside the realm
of legitimate public concern. Also Right to privacy.
Right of way. An ancient concept, which date back to the iter, actus,
and via of the Romans. These servitudes are demanded by necessity,
that is, to enable owners of isolated estates to make full use of their
properties, which lack of access to public roads has denied them.
[Costabella Corp. v. CA, GR 80511. Jan. 25, 1991, citing II Francisco,
Civil Code of The Phil., 787].
Right of way easement. 1. The right of the owner, or any person who
by virtue of a real right may cultivate or use any immovable, which is
surrounded by other immovables pertaining to other persons and
without adequate outlet to a public highway, to demand a right of way
through the neighboring estates, after payment of the proper
indemnity. [Art. 649, CC]. 2. The right of a party to pass over the land
of another. [Glossary of Legal Terms (Pro-Se), 2004].
Right of way rule. The general rule that the vehicle on the national
highway has the right-of-way as against a feeder road. Another general
rule is that the vehicle coming from the right has the right-of-way over
the vehicle coming from the left. The general rules on right-of-way may
be invoked only if both vehicles approach the intersection at almost the
same time. [Kapalaran Bus Line v. Coronado, GR 85331. Aug. 25,
1989].
Right to hold a public office. The just and legal claim to hold and
enjoy the powers and responsibilities of the office. [Francisco v. Men
Abad, GR L-36927-28. Apr. 15, 1974, citing Black's Law Dict., 3rd Ed.,
pp. 1558, 1717].
Right to life. Pol. Law. The right not merely to the preservation of life
but also the security of the limbs and organs of the human body
against any unlawful harm. [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
p. 90]
Rigor mortis. Legal Med. The stiffening of the muscular tissues and
joints of the body setting in at a greater or less interval after death.
[People v. Dulay, GR 92600. Jan. 18, 1993].
Ring. In a cockpit, the space where the cocks fight. [Morenos Law Dict.,
2000 Ed., p. 417]. Also Rueda.
Riparian rights. Special rights of people who own land that runs into a
river bank. While not an ownership right, riparian rights include the
right of access to, and use of the water for domestic purposes (bathing,
cleaning and navigating). [Duhaime's Legal Dict., 2004].
Roadway. A road, especially that part of the road over which vehicles
pass. [Govt. of the Phil. v. Derham Bros., GR 11904. Oct. 9, 1917,
citing New Std. Dict.].
Robbery. Crim. Law. 1. The felony committed by any person who, with
intent to gain, shall take any personal property belonging to another,
by means of violence or intimidation of any person, or using force upon
anything. [Art. 293, RPC]. 2. Felonious taking of another's property,
Alvin Claridades Legal and Jurisprudential Lexicon for Law
Students
1008
from his person or immediate presence and against his will, by means
of force or fear. [Glossary of Legal Terms (Pro-Se), 2004].
Robbery with rape. The law uses the phrase "when the robbery shall
have been accompanied by rape." [Art. 294 (2), RPC]. This means that
the offender must have the intent to take the personal property
belonging to another with intent to gain, and such intent must precede
the rape. [People v. Villagracia, GR 94311. Sep. 14, 1993, citing Reyes,
II Rev. Penal Code, p. 612, 1987 Ed.].
Robo con lesions. Sp. Robbery with physical injuries. [US v. Lumanlan,
GR 10708. Sep. 24, 1915].
Royalty. Any payment over and above other existing for the utilization
of minerals within a mineral reservation, indigenous cultural
community, or in areas covered by small-scale mining. [Sec. 4, DENR
Admin. Order 95-23].
Rueda. The ring of a cockpit. [Morenos Law Dict., 2000 Ed., p. 418].
Rule of double share for full blood collaterals. Succ. The rule that
when full and half-blood brothers and sisters, nephews and nieces
survive, the former shall take a portion in the inheritance double that of
the latter. [Claridades, A., Compilation of Notes, 2001-2006].
Rule of equal division. Succ. The rule that the relatives of the same
degree shall inherit in equal shares. [Art. 962, CC].
Rule of law. It simply means that no one is above the law. All persons
regardless of status, wealth, creed, political persuasion and color of
their skin are entitled to due process of law. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 49].
Rule of majority. Also Majority rule. Pol. Law. The will of the greater
number of people, whether referring to the citizens of the Philippines
who choose their representatives, or to a number of people in a
community or organization, who choose their officers. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 57].
Rule of preference between lines. Succ. The rule that those in the
direct descending line shall exclude in the succession those in the direct
ascending and collateral lines, and those in the direct ascending line
shall, in turn, exclude those in the collateral line. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 379].
Rule of proximity. Succ. The rule that the relatives nearest in degree
to the decedent shall exclude the more distant ones, except when there
is right of representation. [Jurado, Comments & Jurisp. on Succession,
1991 8th Ed., pp. 379-380].
Rulings. Exposition of law or legal reasons upon which the courts rest
their judgment. [Jamil v. Comelec, GR 123648. Dec. 15, 1997, citing
Words & Phrases, Vol. 37A, p. 568]
put up to achieve an illegal purpose. [Poquiz, Labor Rel. Law, 1999 Ed.
p. 155].
Rural Banks Act of 1992. RA 7353 entitled An Act providing for the
creation, organization and operation of rural banks, and for other
purposes enacted on Apr. 2, 1992.
-S-
Sabong. Tag. Cockfight. [Claridades, A., Compilation of Notes,
2001-2006].
consumption. [Marsman & Co., Inc. v. First Coconut Central Co., Inc.,
GR L-39841. June 20, 1988].
Sale on credit. A sale where the seller retains the original of the invoice
in his possession, and the delivery thereof to the buyer is made only
when the latter has discharged his obligation. [Claridades, A.,
Compilation of Notes, 2001-2006].
tourist buses; and other common carriers by land, air, and sea relative
to their transport of goods or cargoes; services of franchise grantees of
telephone and telegraph, radio and television broadcasting and all other
franchise grantees except those under Sec. 117 of the National Internal
Revenue Code; services of banks, non-bank financial intermediaries and
finance companies; and non-life insurance companies (except their crop
insurances) including surety, fidelity and indemnity and bonding
companies; and similar services regardless of whether or not the
performance thereof calls for the exercise or use of the physical or
mental faculties. [Sec. 102, NIRC, as amended by RA 7716].
Sale or return. A contract of sale whereby the goods object of the sale
are delivered to the buyer who thereby acquires ownership thereof, but
he may revest the ownership in the seller by returning or tendering the
goods within the time fixed in the contract, or, if no time has been
fixed, within a reasonable time. Under this kind of sale, the buyer is
given an option to return the goods instead of paying the price. [Diaz,
Bus. Law Rev., 1991 Ed., p. 121, citing Art. 1502, CC].
Sales load. The difference between the price of a security to the public
and that portion of the proceeds from its sale which is received and
invested or held for investment by the issuer, less any portion of such
difference deducted for trustee's or custodian's fees, insurance
premiums, issue taxes, or administrative expenses or fees which are
not properly chargeable to sales or promotional activities. In the case of
a periodic payment plan certificate, sales load includes the sales load on
any investment company securities in which the payments made on
such certificate are invested, as well as the sales load on the certificate
itself. [Sec. 3, RA 2629].
Sale with pacto de retro. One where the vendor reserves the right to
repurchase the thing sold with the obligation to comply with the
stipulation of the contract, and to refund the price, the necessary and
useful expenses incurred on the thing, the expenses of the contract and
other legitimate payments made by the vendee by reason of the sale.
[Morenos Law Dict., 2000 Ed., p. 423].
Sale with right to repurchase. A sale whereby the title and ownership
of the property sold are immediately vested in the vendee a retro
within the period stipulated. Failure to perform said resolutory condition
vests upon the vendee by operation of law absolute title or ownership
over the property sold. [Albano, Civil Law Reviewer, Rev. Ed., p. 356].
Salus populi suprema est lex. Lat. The welfare of the people is the
supreme law. [Lim v. Pacquing, GR 115044. Jan. 27, 1995].
Sangla. Also Sanla. Tag. In some Tagalog provinces, the word means
"bilihang mabibiling muli" or "pacto de retro." By this contract, the
vendee-a-retro takes possession of the property as owner until the
same is repurchased or redeemed. [Aguinaldo v. Esteban, GR L-27289.
Apr. 15, 1985].
Sanglaan. Also Sanlaan. Tag. A word that is used to mean only either
mortgage or pledge, and never a sale or a pacto de retro sale.
[Perfecto, dissenting opinion, Lim v. Calaguas, GR L-2031. May 30,
1949].
Saving clause. That part of the statute which restricts a repealing act
and preserve existing powers, rights and pending proceedings from the
effects of the repeal. [Suarez, Stat. Con., (1993), p. 50].
and using such accumulations, together with its capital in the case of a
stock corporation, for loans and/or for investment in the securities of
productive enterprises or in securities of the Government, or any of its
political subdivisions, instrumentalities or corporations: Provided, That
they shall be primarily engaged in servicing the needs of households by
providing personal finance and long-term financing for home building
and development. [Sec. 3, RA 3779].
Scab. A person who works for lower wages than or under conditions
contrary to those prescribed by a trade union; also one who takes the
place of a workingman on a strike. Non-union workers who pass
through union picket line. A worker who works under non-union
conditions. [Blacks Law Dict., Abr. 5th Ed. (1983), p. 699].
School year. The total of two (2) semesters [or three (3) trimesters, or
four (4) quarterms, as the case may be] and one (1) summer.
Scienter. Lat. Knowledge. 1. Required in Arts. 162, 165, 187, 188 (2)
and (4), 244, 316 (2), 319 (1), 333, 335 (2) and 350 of the Rev. Penal
Code. 2. In legal situations, the word is usually used to refer to guilty
knowledge". For example, owners of vicious dogs may be liable for
injuries caused by these dogs if they can prove the owner's "scienter"
(i.e., that the owner was aware, before the attack, of the dog's vicious
character). [Duhaime's Legal Dict., 2004].
Scout. Intl. Law. Soldiers not in disguise who have penetrated into the
zone of operations of a hostile army to obtain information but are not
considered as spies. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138].
Searching inquiry. Rem. Law. Under the Rules (of Court), it means
more than informing cursorily the accused that he faces a jail term
(because the accused is aware of that) but so also, the exact length of
imprisonment under the law and the certainty that he will serve time at
the national penitentiary or a penal colony. [People v. Dayot, GR
88281. July 20, 1990].
Seashore park. Any public shore area delimited for outdoor recreation,
sports fishing, water skiing and related healthful activities. [Sec. 3, PD
705].
Seat belt device. Any strap, webbing or similar device in the form of
pelvic restraint or lap belt, upper torso restraint or shoulder strap or a
combination thereof designed to secure a person in a motor vehicle in
order to mitigate the results of any accident, including all necessary
buckles and other fasteners, and all hardware designed for installing
such seat belt device in a motor vehicle. [Sec. 3, RA 8750].
Second. The base unit of time which is the duration of 9 192 631 770
periods of the radiation corresponding to the transition between the
two hyperfine levels of the ground state of the cesium 133 atom. [Sec.
4, BP 8].
Second class ricelands. Those which yield forty (40) cavans or less,
the same to be computed upon the normal average harvest of the
three preceding years. [Sec. 14, RA 2263].
Second reading of a bill. The reading in full of the bill with the
amendments proposed by the committee, if any. [Tolentino v. Sec. of
Finance, GR 115455. Aug. 25, 1994].
Sedition. Crim. Law. The felony committed by persons who rise publicly
and tumultuously in order to attain by force, intimidation, or by other
means outside of legal methods, any of the following objects: 1. To
prevent the promulgation or execution of any law or the holding of any
popular election; 2. To prevent the National Government, or any
provincial or municipal government or any public officer thereof from
freely exercising its or his functions, or prevent the execution of any
administrative order; 3. To inflict any act of hate or revenge upon the
person or property of any public officer or employee; 4. To commit, for
any political or social end, any act of hate or revenge against private
persons or any social class; and 5. To despoil, for any political or social
end, any person, municipality or province, or the National Government,
of all its property or any part thereof. [Art. 139, RPC].
Seed tree system. Partial clearcutting with seed trees left to regenerate
the area. [Sec. 3, PD 705].
Seisin. The legal possession of property. In law, the term refers more
specifically to the possession of land by a freeholder. For example, a
owner of a building has seisin, but a tenant does not, because the
tenant, although enjoying possession, does not have the legal title in
the building. [Duhaime's Legal Dict., 2004].
Sell. To dispose of by sale. [Blacks Law Dict., Abr. 5th Ed. (1983), p.
708].
Semen. Legal Med. A viscid, albuminous fluid with faint grayish yellow
color and fishy odor which transports the sperm through the vas
deferens and the erect penis during sexual intercourse. [Olarte, Legal
Med., 1st Ed. (2004), p. 125.
Semisueo. Sp. The legal term to denote a person who is half asleep,
"semi" being the prefix meaning "half" or "partly," and "sueo" being
"sleep, sleeping, drowsiness. [People v. Salarza, Jr., GR 117682. Aug.
18, 1997].
Senile cataract. The most common form of cataract occurring after the
age of fifty due to aging or degenerative changes. [Jarillo v. ECC, GR
L-52058. Feb. 25, 1982].
Senior citizen. 1. Any person who is at least sixty (60) years of age.
[Sec. 3, RA 7876]. 2. Any resident citizen of the Philippines at least
sixty (60) years old, including those who have retired from both
government offices and private enterprises, and has an income of not
more than P60,000.00 per annum subject to review by NEDA every
three (3) years. [Sec. 2, RA 7432].
Senior lien. A prior lien which has precedence as to the property under
the lien over another lien or encumbrance. [Blacks Law Dict., Abr. 5th
Ed. (1983), p. 708]. Compare with Junior lien.
Separability clause. A clause which states that if for any reason, any
section or provision of the statute is held to be unconstitutional, the
other section or provision of the law shall not be affected thereby.
[Suarez, Stat. Con., (1993), p. 51].
Seriously ill mothers. Those who are: with severe infections; in shock;
in severe cardiac or respiratory distress; or dying; or those with other
conditions that may be determined by the attending physician as
serious. [Sec. 3, RA 7600].
Service. Rem. Law. 1. The act of providing a party with a copy of the
pleading or paper concerned. If any party has appeared by counsel,
service upon him shall be made upon his counsel or one of them,
unless service upon the party himself is ordered by the court. Where
one counsel appears for several parties, he shall only be entitled to one
copy of any paper served upon him by the opposite side. [Sec. 2, Rule
13, RoC]. 2. With respect to repair and service firms, services supplied
in connection with a contact for construction, maintenance, repair,
processing, treatment or cleaning of goods or of fixtures on land, or
distribution of goods, or transportation of goods. [Art. 4, RA 7394]. 3.
An act or action, such as work rendered or performed for another. [Intl.
Law Dict. & Direct., 2004].
Service incentive leave. A leave of five days with pay to which every
employee who has rendered at least one year of service shall be
entitled. [Art. 95, LC].
water and storm water as maybe present including such waste from
vessels, offshore structures, other receptacles intended to receive or
retain waste or other places or the combination thereof. [Sec 4, RA
9275].
Sexual relations. A single sexual act which may or may not result in
the bearing of a common child. [Sec. 3, RA 9262].
Shall. A word of command, and one which has always or which must be
given a compulsory meaning, and-it is generally imperative or
mandatory. It has the invariable significance of operating to impose a
duty which may be enforced, particularly if public policy is in favor of
this meaning or when public interest is involved, or where the public or
persons have rights which ought to be exercised or enforced, unless a
contrary intent appears. [Perez v. CA, GR 118870. Mar. 29, 1996].
Alvin Claridades Legal and Jurisprudential Lexicon for Law
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Shallow tube well (STW). A tube or shaft vertically set into the ground
for the purpose of bringing ground water to the soil surface from a
depth of less than 20 meters by suction lifting. [Sec. 4, RA 8435].
Share tenant. A person who, himself and with the aid available from
within his immediate farm household, cultivates the land belonging to
or possessed by another, with the latter's consent, for purposes of
production, sharing the produce with the landholder. [Delos Reyes v.
Espineli, GR L-28280-81. Nov. 28, 1969].
Sheriff. The executive officer of a local court. [Jurists Legal Dict., 2004].
Shifting. The transfer of the burden of a tax by the original payer or the
one on whom the tax was assessed or imposed to another or someone
else. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53, citing
Seligman, The Shifting and Incidence of Taxation (1910), p. 1].
Ship agent. One who represents the ownership of the vessel, and who
may, in his own name and in such capacity, take judicial and
extrajudicial steps in matters relating to commerce. [Comm. of Int. Rev.
v. US Lines Co., GR L-16850. May 30, 1962, citing Art. 595, Code of
Commerce].
Ship mortgage decree of 1978. PD 1521 signed into law on June 11,
1978.
Shippers order. Terms in a bill of lading which means that the cargo
therein is consigned only to the shipper or to its assignee. Therefore,
the goods can only be released upon presentation of the original bill of
lading by the consignee or its assignee. [Morenos Law Dict., 2000 Ed.,
p. 434].
Sic utere tuo ut alienum non laedas. Lat. So use your property as
not to injure the property of others. [Lim v. Pacquing, GR 115044. Jan.
27, 1995].
Simple donation. One the cause of which is pure liberality (no strings
attached). [De Luna v. Abrigo, GR 57455. Jan. 18, 1990]. Compare with
Remuneratory donation or Onerous donation.
Simple illegal possession. The sole, simple act of a person who shall,
among others, unlawfully possess any firearm (or) ammunition.
Obviously, possession of any firearm is unlawful if the necessary permit
and/or license therefor is not first obtained. To that act is attached the
penalty of reclusion temporal, maximum, to reclusion perpetua. The
gravamen of the offense in its simplest form is, basically, the fact of
Simple interest. That which is paid for the principal or sum lent, at a
certain rate or allowance, made by law or agreement of parties.
[Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev.
Ed., p. 415]. Compare with Compound interest.
Simple state. Intl. Law. A state where the direction of domestic and
foreign affairs is placed in a central authority. An example is the
Philippines. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. Compare with
Composite state.
Sine die. Lat. Adjourned without giving any future date of meeting or
hearing. A court that adjourns sine die essentially dismisses the case by
saying that it never wants to hear the case again! A meeting which
adjourns sine die has simply not set a date for it's next meeting.
[Duhaime's Legal Dict., 2004].
Single cab chassis. A motor vehicle with complete engine power train
and chassis equipped with a cab that has a maximum of two (2) doors
and only (1) row of seats. [RA 9224].
Single renvoi. The referral by the forum court to the conflict rules of a
foreign state, but not to that state's renvoi rules. This may result in a
reference back to the forum's domestic law (remission) or a reference
to the domestic law of a third state (transmission). [Tetley, Glossary of
Conflict of Laws, 2004].
Sin perjuicio decision. Rem. Law. A decision which does not contain a
statement of the facts which are essential to a clear understanding of
the issues presented by the respective parties as to the facts involved.
[Dir. of Lands v. Sanz, 45 Phil. 117, 121 (1923)].
Sixty (60) day freedom period. Labor. The last sixty (60) days of the
collective bargaining agreement (CBA) during which a petition for the
conduct of a certification election may be filed by a legitimate labor
organization. Any petition filed before or after the sixty-day freedom
period shall be dismissed outright. [Sec. 6, Rule V of LC].
Skill. The acquired and practiced ability to carry out a task or job. [Sec.
4, RA 7796].
Slander by deed. Crim. Law. The felony committed by any person who
shall perform any act not included and punished in Title 13 of the Rev.
Penal Code, which shall cast dishonor, discredit or contempt upon
another person, or even if said act is not of a serious nature. [Art. 359,
RPC].
Slight physical injuries. Crim. Law. The felony committed when the
offender has inflicted physical injuries which shall incapacitate the
offended party for labor from one to nine days, or shall require medical
attendance during the same period, or when the offender has caused
physical injuries which do not prevent the offended party from
engaging in his habitual work nor require medical assistance. [Art. 266,
RPC].
Sluice box. A rectangular, wooden launder provided with side walls and
cross pieces of sawn lumber or round poles, metallic screen jute cloth
or a combination of both, on its floor to retain gold. [Sec. 12, PD 1150].
Land Reform Law (PD 1517) but merely additional places or properties
covered under the said law.
Small cattle. Also known as Ganado lanar y cabrio. The terms lanar
and cabrio refer to sheep and goats, respectively. [[People v. Nazareno,
GR L-40037. Apr. 30, 1976, citing Velasquez, Spanish and English Dict.,
1967 Ed., p. 124, 354, 421 and 115].
[Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed.
1999, p. 8].
Sole practitioners. The term lawyers who practice alone are often
called. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991].
Solicitor. A lawyer that restricts his practice to the giving of legal advice
and does not normally litigate. [Duhaime's Legal Dict., 2004].
Solicitor General. The principal law officer and legal defender of the
(Philippine) Government. [Sec. 34, Chap. 12, EO 292].
Solo parent. Any individual who falls under any of the following
categories: (a) A woman who gives birth as a result of rape and other
crimes against chastity even without a final conviction of the offender:
Provided, That the mother keeps and raises the child; (b) parent left
solo or alone with the responsibility of parenthood due to death of
spouse; (c) parent left solo or alone with the responsibility of
parenthood while the spouse is detained or is serving sentence for a
criminal conviction for at least one (1) year; (d) parent left solo or
alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;
(e) parent left solo or alone with the responsibility of parenthood due to
legal separation or de facto separation from spouse for at least one (1)
year, as long as he/she is entrusted with the custody of the children; (f)
parent left solo or alone with the responsibility of parenthood due to
declaration of nullity or annulment of marriage as decreed by a court or
by a church as long as he/she is entrusted with the custody of the
children; (g) parent left solo or alone with the responsibility of
parenthood due to abandonment of spouse for at least one (1) year;
(h) unmarried mother/father who has preferred to keep and rear
her/his child/children instead of having others care for them or give
them up to a welfare institution; (i) any other person who solely
provides parental care and support to a child or children; (j) any family
member who assumes the responsibility of head of family as a result of
the death, abandonment, disappearance or prolonged absence of the
parents or solo parent. [Sec. 3, RA 8972].
Solvency. Ability to pay debts as they mature. Ability to pay debts in the
usual and ordinary course of business. Excess of assets over liabilities.
[Blacks Law Dict., Abr. 5th Ed. (1983), p. 723].
Solvent bank. One in which its assets exceed its liabilities. [Banco
Filipino Savings and Mortgage Bank v. The Monetary Board, GR 70054.
Dec. 11, 1991].
Sorcery. The use of power gained from the assistance or control of evil
spirits, especially for divining; divination by black magic; necromancy;
witchcraft. [People v. Sario, GR L-20754 & L-20759. June 30, 1966].
Sound value. Also Net appraised value. The value per appraisal
computed by deducting observed depreciation from appraised value.
[RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992].
Source. The word conveys only one idea, that of origin. [Manila Gas
Corp. v. Coll. Of Int. Rev., GR 42780. Jan. 17, 1936].
Source rule. Also Situs rule. Taxation of taxable items by the country
of source or location. [Comm. of Int. Rev. v. Procter & Gamble Phil., GR
66838. Dec. 2, 1991]. Compare with Domiciliary or nationality
principle.
Sovereign. It has two meanings. The first one is a technical word for
the monarch (king or queen) of a particular country as in "the
Sovereign of England is Queen Elizabeth." The other meaning of the
word is to describe the supreme legislative powers of a state: that they
are totally independent and free from any outside political control or
authority over their decisions. [Duhaime's Legal Dict., 2004].
Sower in bad faith. A sower who sows knowing that the land does not
belong to him and that he has no right to sow thereon. [Morenos Law
Dict., 2000 Ed., p. 439].
Spanish Crown titles. Titles granted by the Spanish Crown are: (a) the
titulo real or royal grant, (b) the concession special or special grant; (c)
the "the composicion con el estado" title or adjustment title; (d) the
titulo de compra or title by purchase and (e) the informacion
possessoria or possessory information title which could become a "titulo
gratuito" or a gratuitous title. [Dir. of Forestry v. Muoz, GR L-25459.
June 28, 1968].
Sparrow unit. The liquidation squad of the New People's Army with the
objective of overthrowing the duly constituted government. [People v.
Dasig, GR 100231. Apr. 28, 1993].
Special crossed check. A check on which are placed two parallel lines
diagonally on the left top portion of the check and between such lines
is written the name of a bank or a business institution, in which case
the drawee should pay only with the intervention of that bank or
company. [State Investment House v. IAC, GR 72764. July 13, 1989].
Compare with General crossed check.
Special law. A law which is different from others of the same general
kind or design for a particular purpose or limited in range or confined to
a prescribed field of action or operation. [Morenos Law Dict., 2000 Ed.,
p. 440].
a statue by another. [Tolentino, Civil Code of the Phil., Vol. II, Repr.
2001, p. 99]. 2. Prop. Mgt. Technical description of supplies or property
being requisitioned or ordered, which should be clear and complete,
including if necessary, the specific uses therefor and how acceptability
thereof can be determined. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].
Speech, freedom of. The liberty to know, to utter and to argue freely
according to conscience, above all liberties. It thus includes, not only
the right to express one's views, but also other cognate rights relevant
to the free communication of ideas, not excluding the right to be
informed on matters of public concern. [Osmea v. Garcia, GR 132231.
Mar. 31, 1998].
Speedy trial, right to. The right of the accused to be free from
vexatious, capricious, and oppressive delays, its salutary objective
being to assure that an innocent person may be free from anxiety and
expense of a court litigation or, if otherwise, of having his guilt
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Speleogem. Relief features on the walls, ceilings and floor of any cave
or lava tube which are part of the surrounding bedrock, including but
not limited to anastomoses, scallops, meander niches, petromorphs and
rock pendants in solution caves and similar features unique to volcanic
caves. [Sec. 3, RA 9072].
Sperm. Legal Med. A living organism consisting of a head, neck and tail
which carries the mans genes and is made in the testes and stored in
the seminal vesicles. During sexual intercourse, the sperm is
transported along with a fluid called semen through the vas deferens
and the erect penis. [Olarte, Legal Med., 1st Ed. (2004), p. 125].
Splitting a single cause of action, effect of. If two or more suits are
instituted on the basis of the same cause of action, the filing of one or
a judgment upon the merits in any one is available as a ground for the
dismissal of the others. [Sec. 4, Rule 2, RoC].
Spoliation. A change shown to have been made by one who was the
agent of one of the parties, but without the express or implied
authority, and outside the scope of his employment. [Herrera, Rem.
Law, 1999 Ed., p. 307, citing Walsh v. Hunt, 120 Cal. 46, p. 115].
Compare with Alteration or amendment.
Spouse. Ones wife or husband. [Blacks Law Dict., Abr. 5th Ed. (1983),
p. 728].
Squatter. One who settles on the land of another without any legal
authority. This term is applied particularly to person who settle on the
public land. [Buenavente v. Melchor, GR L-33145. Mar. 30, 1979, citing
3 Mart. La. U.S. 293].
Stabilize. The provision of necessary care until such time that the
patient may be discharged or transferred to another hospital or clinic
with a reasonable probability that no physical deterioration would result
from or occur during such discharge or transfer. [Sec. 2, RA 8344].
Stab wounds. The phrase is used generically to include all wounds that
may be caused "by weapons such as knives, scissors, three-cornered
files, or ice picks with a circular shaft, all possessing a sharp point but
having blades of different shapes. Stabbing may be done with an ice
pick and the puncture is correctly called a stab wound. [People v.
Espinosa, GR 72883. Dec. 20, 1989].
Stale check. A check where there has been unreasonable delay by the
holder in presenting it for payment. [Martin, Commentaries and Jurisp.
on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 383].
Stall. A shed where goods or merchandise are stored or exposed for sale
whether on wholesale or retail. It cannot be different from a store or
shop where goods are deposited and sold by one engaged in selling
and buying goods. [Morenos Law Dict., 2000 Ed., p. 443].
State. Elements: (a) People; (b) territory; (c) government; and (d)
sovereignty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 23].
State continuity principle. Intl. Law. It means that the legal existence
of a state continues notwithstanding changes in the size of its
population or territory or in the form of leadership of its government.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 38].
Statement of facts. Rem. Law. That part of the appellant's brief which
shall contain a clear and concise statement in a narrative form of the
facts admitted by both parties and of those in controversy, together
with the substance of the proof relating thereto in sufficient detail to
make it clearly intelligible, with page references to the record. [Sec. 13,
Rule 44, RoC].
Statement of the case. Rem. Law. That part of the appellant's brief
which shall contain a clear and concise statement of the nature of the
action, a summary of the proceedings, the appealed rulings and orders
of the court, the nature of the judgment and any other matters
necessary to an understanding of the nature of the controversy, with
page references to the record. [Sec. 13, Rule 44, RoC].
State practice. Intl. Law. The conduct and practices of states in their
dealings with each other. [Intl. Law Dict. & Direct., 2004].
State responsibility. Intl. Law. Liability of a state for the injuries that it
causes to foreign persons. [Intl. Law Dict. & Direct., 2004].
Status quo ante litem motam. Lat. The last actual, peaceable,
non-contested status. [Lim v. Pacquing, GR 115044. Jan. 27, 1995,
Annotation, 15 ALR 2d 237].
Statute of non-claims. Spec. Pro. 1. The time for the filing of claims
against the estate, which shall not be more than twelve (12) nor less
than six (6) months after the date of the first publication of the notice.
All claims for money against the decedent, arising from contract,
express or implied, whether the same be due, not due, or contingent,
all claims for funeral expenses and expenses for the last sickness of the
decedent, and judgment for money against the decedent, must be filed
within the time limited in the notice; otherwise they are barred forever,
except that they may be set forth as counterclaims in any action that
the executor or administrator may bring against the claimants. [Sec. 2
and 5, Rule 86, RoC]. 2. A definite period fixed by law within which
claims against the estates of deceased persons must be presented to
insure the speedy settling of the affairs of a deceased person and the
early delivery of the property of the estate into the hands of the
persons entitled to receive it. [Estate of De Dios, 24 Phil. 573]. 3. Its
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purpose it to settle the affairs of the estate with dispatch, so that the
residue may be delivered to the persons entitled thereto without their
being afterwards called upon to respond in actions for claims, which,
under the ordinary statute of limitations, have not yet prescribed.
[Santos v. Manarang, GR 8235. Mar. 19, 1914].
Statutory minimum wage. The lowest wage rate fixed by law that an
employer can pay his workers. [IRR, RA 6727; Sec. 1, Rule 7, Book 3,
IRR of LC].
Statutory rape. Crim. Law. The felony committed when a man has
carnal knowledge of a woman who is under twelve (12) years of age.
[Art. 335 (3), RPC].
Statutory rape. Elements: (a) That the accused had sexual intercourse
with the offended party; and (b) that the latter was below twelve years
of age at the time of the coitus. [Art. 335 (3), RPC].
Statutory taxpayer. The person who must pay the tax to the
government; the one on whom the tax is formally assessed. He is the
subject of the tax. [De Leon, Fundamentals of Taxation, 2000 Ed., p.
53].
in the more convenient forum. The conditions are usually that the
defendant agrees to appear in the foreign court within a certain delay,
accept jurisdiction there and agree to any final judgment. [Tetley,
Glossary of Conflict of Laws, 2004].
Stemmed leaf tobacco. Leaf tobacco which has had the stem or midrib
removed. The term does not include broken leaf tobacco. [Sec. 140,
NIRC, as amended].
Stock and transfer book. The book in which must be kept a record of
all stocks in the names of the stockholders alphabetically arranged; the
installments paid and unpaid on all stock for which subscription has
been made, and the date of payment of any installment; a statement of
every alienation, sale or transfer of stock made, the date thereof, and
by and to whom made; and such other entries as the by-laws may
prescribe. [Sec. 74, Corp. Code].
GR L-45996. Mar. 26, 1979, citing Atty.s Dict. of Med., Schmidt]. Same
as Gastric ulcer.
Stoppage in transitu, right of. The right of the unpaid seller who has
parted with the possession of the goods to stop them in transitu, that is
to say, he may resume possession of the goods at any time while they
are in transit, and he will then become entitled to the same rights in
regard to the goods as he would have had if he had never parted with
the possession. [Art. 1530, CC].
Strictissimi juris. Lat. By the most strict right or law. The rule that
exemptions from taxation are construed in strictissimi juris against the
taxpayer and liberally in favor of the taxing authority primarily because
taxes are the lifeblood of government and their prompt and certain
availability is an imperious need. Thus, to be exempted from payment
of taxes, it is the taxpayer's duty to justify the exemption by words too
plain to be mistaken and too categorical to be misinterpreted." Private
respondent has utterly failed to discharge this duty. [Prov. Of Tarlac v.
Alcantara, GR 65230. Dec. 23, 1992].
Sua sponte. Lat. Of one's own accord. The right of a court to consider a
legal issue of its own motion, even if none of the parties have raised or
addressed the issue in their written or oral pleadings. [Tetley, Glossary
of Conflict of Laws, 2004].
Subject to tax. Also Liable for tax. The term connotes legal obligation
or duty to pay a tax. [Comm. of Int. Rev. v. Procter & Gamble Phil.
Manufacturing Corp., GR 66838. Dec. 2, 1991].
Sublease. 1. A contract where there are two leases and two distinct
judicial relations although intimately connected and related to each
other, which unlike in a case of assignment of lease, where the lessee
transmits absolutely his right, and his personality disappears; there only
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remains in the juridical relation two persons, the lessor and the
assignee who is converted into a lessee. [Moreno, Phil. Law Dict., 2nd
ed., p. 594]. 2. A contract in which the personality of the lessee does
not disappear; he does not transmit absolutely his rights and
obligations to the sub-lessee; and the sub-lessee generally does not
have any direct action against the owner of the premises as lessor, to
require the compliance of the obligations contracted with the plaintiff as
lessee, or vice versa. [Marimperio v. CA, GR L-40234. Dec. 14, 1987,
citing 10 Manresa, Sp. Civ. Code, 438]. 3. A grant by a tenant of an
interest in the demised premises less than his own, retaining to himself
a reversion. [Mallarte v. CA, GR 85108. Oct. 4, 1989, citing 49 Am. Jur.
2d Sec. 480, pp. 469].
Sublessee. The person who leases or rents (out) a residential unit from
a sublessor. [Sec. 2, BP 877; Sec.4, RA 9161].
Subrogation. Civ. Law. 1. The transfer of all the rights of the creditor to
a third person, who substitutes him in all his rights. It may either be
legal or conventional. [Chemphil v. CA, GR 112438-39. Dec. 12, 1995,
citing Tolentino, Commentaries & Jurisp. on the Civil Code of the Phil.,
Vol. IV, pp. 401-402]. 2. Ins. The transfer of rights and remedies of the
insured to the insurer who has indemnified the insured in respect of the
loss. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil.,
1999 Ed., p. 8].
Subscribed capital stock. Corp. Law. The amount of the capital stock
subscribed, whether fully paid or not. It connotes an original
subscription by a subscriber of unissued shares in a corporation and
would, therefore, preclude the acquisition of shares by reason of
subsequent transfer from a stockholder or resale of treasury shares.
[De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53].
Subscribers. Persons who have agreed to take and pay for original,
unissued shares of a corporation formed or to be formed. [De Leon,
Corp. Code of the Phil. Annotated, 1989 Ed., p. 47, citing Ballantine on
Corp., p. 375].
Subscription. Succ. The signing of the witnesses' names upon the same
paper for the purpose of identification of such paper as the will which
was executed by the testator [In Re: Taboada v. Rosal, GR L-36033.
Nov. 5, 1982, citing Ragsdale v. Hill, 269 SW 2d 911].
Substantial cause. A cause which is important but not less than any
other cause. [Sec. 4, RA 8800].
Substantive law. The statutory or written law that governs rights and
obligations of those who are subject to it. [Glossary of Legal Terms
(Pro-Se), 2004]. Compare with Remedial or adjective law.
Substitute. To put in the place of, change for, make way for, take the
place of another. [Intl. Oil Factory v. Dir. of Health, GR L-13438. May
31, 1961].
Code, p. 185 (1973)]. The simple or vulgar is that provided in Art. 859
of the Civil Code while the fideicommissary substitution is described in
Art. 863 of the same Code. [Ramirez v. Vda. de Ramirez, GR L-27952.
Feb. 15, 1982].
ordinary care but for the emergency. [Morenos Law Dict., 2000 Ed., p.
452].
Sue and labor clause. Mar. Ins. A clause under which the insurer may
become liable to pay the insured, in addition to the loss actually
suffered, such expenses as he may have incurred in his efforts to
protect the property against a peril for which the insurer would have
been liable.
Suicide. A positive act of ending ones (own) life. [Sun Insurance Office,
Ltd. v. CA, GR 92383. July 17, 1992]. Compare with Willful exposure
to needless peril.
Suicide attempts. Legal Med. Actions that are intended to be fatal but
dont succeed. [Olarte, Legal Med., 1st Ed. (2004), p. 139].
Suicide gestures. Legal Med. Suicide plans and actions that appear
unlikely to be fatal. [Olarte, Legal Med., 1st Ed. (2004), p. 138].
Sui generis. Lat. Of its own kind or class; i.e., the only one of its kind;
peculiar. [Black's Law Dict., Abr. 5th Ed. (1987), p. 747].
Sui juris. A person who possesses full civil rights and is not under any
legal incapacity such as being bankrupt, of minor age or mental
incapacity. Most adults are sui juris. [Duhaime's Legal Dict., 2004].
Suits against state. Suits with relation to matters in which the State
agencies have assumed to act in a private or nongovernmental
capacity, and various suits against the State. [PNR v. IAC, GR 70547.
Jan. 22, 1993, citing 81 CJS 1319].
fail or neglect to fulfill them the former may take such action or step as
prescribed by law to make them perform these duties. [Mondano v.
Silvosa, GR L-7708. May 30, 1955]. Compare with Control.
Supplies. The term includes everything, except real property, which may
be needed in the transaction of public business or in the pursuit of any
undertaking, project, or activity, whether in the nature of equipment,
furniture, stationary materials for construction or personal property of
any sort, including non-personal or contractual services such as the
repair and maintenance of equipment and furniture, as well as trucking,
hauling, janitorial, security, and related services. [Sec. 357, LGC].
Supply. Any article furnished for carrying on the work which from its
nature is necessarily so consumed by use in the work. [Kilosbayan, Inc.
v. Morato GR 118910. July 17, 1995]. Compare with Equipment.
Surface water. All water, which is open to the atmosphere and subject
to surface runoff. [Sec 4, RA 9275].
Suspensive period (ex die). The obligation begins only from a day
certain upon the arrival of the period. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 16].
Suum cuique tribuere. Lat. Render unto each person what is due him.
It is a supreme norm of justice which the law develops. [Morenos Law
Dict., 2000 Ed., p. 457].
Suum jus, summa injuria. Lat. The abuse of right is the greatest
possible wrong. [Morenos Law Dict., 2000 Ed., p. 457].
Swindling, other forms of. Crim. Law. The felony committed by (a)
any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same; (b) any person, who,
knowing that real property is encumbered, shall dispose of the same,
although such encumbrance be not recorded; (c) the owner of any
personal property who shall wrongfully take it from its lawful possessor,
to the prejudice of the latter or any third person; (d) any person who,
to the prejudice of another, shall execute any fictitious contract; (e) any
person who shall accept any compensation given him under the belief
that it was in payment of services rendered or labor performed by him,
when in fact he did not actually perform such services or labor; or (f)
any person who, while being a surety in a bond given in a criminal or
civil action, without express authority from the court or before the
cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed the
fulfillment of such obligation. [Art. 316, RPC].
-T-
Tacit acceptance of the inheritance. An acceptance resulting from
acts by which the intention to accept the inheritance is necessarily
implied, or which one would have no right to do except in the capacity
of an heir. [Art. 1049, CC].
Tagayan. Tag. The local term for a group drinking session where a
single glass is used and each person takes his turn drinking a fixed
amount of liquor from the glass. [People v. Canceran, GR 104866. Jan.
31, 1994].
Tanggero. Tag. The person who refills the glass so the other persons
present in a group drinking session locally termed as tagayan could
take their turn in drinking. [People v. Canceran, GR 104866. Jan. 31,
1994].
Tank barge. Any tank vessel not equipped with a means of self
propulsion. [Sec. 3, PD 600].
Taxable year. The calendar year, or the fiscal year ending during such
calendar year, upon the basis of which the net income is computed.
[Sec. 22, NIRC, as amended].
Tax capitalization. The reduction in the price of the taxed object equal
to the capitalized value of future taxes which the purchaser expects to
be called upon to pay. [De Leon, Fundamentals of Taxation, 2000 Ed.,
p. 56].
Tax credit. 1. The taxpayers right to deduct from the income tax due,
the amount of tax he has paid to a foreign country subject to
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Tax pyramiding. It occurs because goods and services that are inputs
into higher stages of production are taxed multiple times as they move
through the production or service chain. By comparison, a VAT taxes
only the value that is added by an enterprise to the goods and services
it sells, not its gross value. By avoiding pyramiding, the VAT subjects all
final goods and services to the same level of taxation, thereby
achieving greater neutrality and greater fairness. [http://sme.com.ph].
Temporal region. The flat part outside of the head above the cheek
bones. [Morenos Law Dict., 2000 Ed., p. 463].
Temporo. The area at or near the temple. [Morenos Law Dict., 2000
Ed., p. 464].
Tenant. 1. The rightful occupant of land and its structures, but does not
include those whose presence on the land is merely tolerated and
without the benefit of contract, those who enter the land by force or
deceit, or those whose possession is under litigation. [Sec. 3, PD 1517].
2. A person who, himself and with the aid available from within his
immediate farm household, cultivates the land belonging to, or
possessed by, another, with the latter's consent for purposes of
production, sharing the produce with the landholder under the share
tenancy system, or paying to the landholder a price certain or
ascertainable in produce or in money or both, under the leasehold
tenancy system. [Sec. 5, RA 1199]. 3. A person to whom a landlord
grants temporary and exclusive use of land or a part of a building,
usually in exchange for rent. The contract for this type of legal
arrangement is called a lease. The word "tenant" originated under the
feudal system, referring to land "owners" who held their land on tenure
granted by a lord. [Duhaime's Legal Dict., 2004].
Tenant-lessee. Any person who, with the consent of the former, tills,
cultivates or operates said land, susceptible of cultivation by one
individual, personally or with the aid of labor available from among his
own immediate farm household. [Sec. 42, RA 1199]. See
Landholder-lessor.
Terceria. A third party claim. The remedy accorded under Sec. 7, Rule
60 of the Rules of Court to any person, other than the defendant or his
agent, whose property is seized pursuant to the writ of delivery. [La
Tondea Distillers v. CA, GR 88938. June 8, 1992].
Term. Civ. Law. That which necessarily must come whether the parties
know when it will happen or not. [Morenos Law Dict., 2000 Ed., p.
466].
Term. Admin. Law. A fixed and definite period of time which the law
describes that an officer may hold an office. [Aparri v. CA, GR L-30057.
Jan. 31, 1984, citing Sueppel v. City Council of Iowa City, 136 N.W. 2D
523]. Compare with Tenure.
Term of office. Admin. Law. The period during which an office may be
held. Upon the expiration of the officer's term, unless he is authorized
by law to hold over, his rights, duties and authority as a public officer
must ipso facto cease. [Aparri v. CA, GR L-30057. Jan. 31, 1984, citing
Mechem, Secs. 396-397].
Terminal facility. The seaport and its facilities of wharves, piers, slips,
docks, dry docks, bulkheads, basins, warehouses, cold storage, and
loading or unloading equipment. [Sec. 3, PD 857].
Terminal fees. All charges for parking at or near the ramp, terminal
area or building for purposes of loading or unloading passengers and/or
cargo. [Sec. 3, RA 224].
Terminal leave pay. The cash value of the accumulated leave credits of
an officer or employee who has already severed his connection with his
employer and who is no longer working. It is no longer compensation
for services rendered. It can not be viewed as salary. [In Re: Zialcita,
AM 90-6-015-SC. Oct. 18, 1990].
Term of office. 1. The time during which the officer may claim to hold
office as of right, and fixes the interval after which the several
incumbents shall succeed one another. [Gaminde v. COA, GR 140335,
Dec. 13, 2000]. 2. The period during which an elected officer or
appointee is entitled to hold office, perform its functions and enjoy its
privileges and emoluments. [Francisco v. Men Abad, GR L-36927-28.
Apr. 15, 1974, citing Black's Law Dict., 3rd Ed., pp. 1558, 1717].
Terreno inculto. Sp. Uncultivated land. [Morenos Law Dict., 2000 Ed.,
p. 466].
Terrestrial domain. Also Land domain. Intl. Law. The land mass on
which the people live. It may be integrate, as in the case of Iran, or
dismembered, as in the case of the United States, or may be partly
bounded by water like Burma, or completely surrounded like Iceland, or
may consist of several islands like the Philippine archipelago. [Cruz,
Intl. Law Reviewer, 1996 Ed., p. 61].
Territory. The fixed portion on the surface of the earth on which the
state settles and over which it has supreme authority. [Sandoval, Pol.
Law Reviewer 2003].
Theater of war. Intl. Law. The place where hostilities are actually
conducted as distinguished from the region of war. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 138].
Theft. Crim. Law. 1. The felony committed by any person who, with
intent to gain but without violence against or intimidation of persons
nor force upon things, shall take personal property of another without
the latter's consent. It is likewise committed by: (a) Any person who,
having found lost property, shall fail to deliver the same to the local
authorities or to its owner; (b) Any person who, after having maliciously
damaged the property of another, shall remove or make use of the
fruits or object of the damage caused by him; and (c) Any person who
shall enter an inclosed estate or a field where trespass is forbidden or
which belongs to another and without the consent of its owner, shall
hunt or fish upon the same or shall gather cereals, or other forest or
farm products. [Art. 308, RPC]. 2. Taking of the thing to be
appropriated into the physical power of the thief, which idea is qualified
by other conditions, such as that taking must be effected animo
lucrandi and without the consent of the owner. [People v. Avila, GR
19786. Mar. 31, 1923].
Theft clause. Ins. A clause which includes theft as among the risks
insured against. [Claridades, A., Compilation of Notes, 2001-2006].
Third reading of a bill. The reading of the bill in the form as approved
on second reading and takes place only after printed copies thereof in
its final form have been distributed to the Members (of Congress) at
least three days before, unless the bill is certified (as urgent by the
Chief Executive). [Tolentino v. Sec. of Finance, GR 115455. Aug. 25,
1994].
Three-fold rule. Crim. Law. The rule that the maximum duration of the
sentence should not be more than three times the most severe penalty.
[Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 277].
Thrift Banks Act of 1995. RA 7906 entitled An Act providing for the
regulation of the organization and operations of thrift banks, and for
other purposes enacted on Feb. 23, 1995.
Title. 1. Stat. Con. That part of the statute which gives a general
statement of, and calls attention to, the subject matter of an Act, so
that legislators and the public may be appraised of the subject matter
of the legislation, and be put upon inquiry in regard thereto. [Suarez,
Stat. Con., (1993), p. 43]. 2. Property. Legal ownership of property.
[Glossary of Legal Terms (Pro-Se), 2004].
Title of the action. The part of a pleading that indicates the names of
the parties who shall all be named in the original complaint or petition.
[Sec. 1, Rule 7, Roc].
Titulo colorado. Sp. Such title where, although there was a mode of
transferring ownership, still something is wrong because the grantor is
not the owner. [De Jesus v. CA, GR 57092. Jan. 21, 1993].
Titulo de abogado. Sp. The term means not mere possession of the
academic degree of Bachelor of Laws but membership in the Bar after
due admission thereto. The English equivalent of Abogado is lawyer or
attorney-at-law. [Ma. Cui v. Ma. Cui, GR L-18727. Aug. 31, 1964].
Tobacco grower. Any person who plants tobacco before the enactment
of RA 9211 and classified as such by the National Tobacco
Administration (NTA). [Sec. 4, RA 9211].
Tobacco retailer. Any person who or entity that sells tobacco products
to individuals for personal consumption. [Sec. 4, RA 9211].
Together. In the same place or at the same spot; with each other
locally; hence, in company or companionship. [Morenos Law Dict.,
2000 Ed., p. 470].
Toll. A sum of money for the use of something, generally applied to the
consideration which is paid for the use of a road, bridge or the like, of a
public nature. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 16].
Torillo. Sp. A male carabao. [Morenos Law Dict., 2000 Ed., p. 471].
v. Dela Cruz, 17 Phil. 49, 58, 60 (1910)]. 3. The real purpose of the
system is to quiet title of land; to put a stop forever to any question of
the legality of the title, except claims which were noted at the time of
registration, in the certificate, or which may arise subsequent thereto.
That bring the purpose of the law, it would seem that once a title is
registered the owner may rest secure, without the necessity of waiting
in the portals of the courts, or sitting in the 'mirador de su casa,' to
avoid the possibility of losing his land. [Legarda v. Saleeby, 31 Phil. 590
(1915)].
Totality rule. The rule that where there are several claims or causes of
actions between the same or different parties, embodied in the same
complaint, the amount of the demand shall be the totality of the claims
in all the causes of action, irrespective of whether the causes of action
arose out of the same or different transactions. [Sec. 33, BP 129, as
amended by RA 7691].
Transfer. Civ. Law. 1. The act by which the owner of a thing delivers it
to another with the intent of passing the rights which he has in it to the
latter. [Chemphil Export & Import Corp. v. CA, GR 112438-39. Dec. 12,
1995]. 2. Any act by which property of one person is vested in another.
[Law Dict. of Words & Phrases, 3rd Series, Vol. 7, p. 5867].
Transient aircraft. All those which do not have, at the airport, any
fixed base, area, or parking space. [Sec. 3, RA 224].
Transshipment. Mar. Law. 1. The act of taking cargo out of one ship
and loading it in another. [Magellan v. CA, GR 95529. Aug. 22, 1991,
citing Black's Law Dict., 4th Ed., 1670]. 2. The transfer of goods from
the vessel stipulated in the contract of affreightment to another vessel
before the place of destination named in the contract has been
reached. [Magellan v. CA, GR 95529. Aug. 22, 1991 citing, Ballentine
Law Dict. with Pronunciations, 1959 ed., 1295]. 3. The transfer for
further transportation from one ship or conveyance to another.
[Webster's 3rd New Intl. Dict. (Unabr.), 1986 Ed., 2431; Samar Mining
v. Nordeutscher Lloyd, 132 SCRA 529 (1984)].
Treachery. Crim. Law. Requisites: (a) That at the time of the attack, the
victim was not in a position to defend himself; and (b) that the offender
consciously adopted the particular means, method, or form of attack
employed by him. [People v. Estillore, 141 SCRA 456 (1986)].
Treason. Crim. Law. 1. The felony committed by any person who, owing
allegiance to the Government of the Philippines, not being a foreigner,
levies war against it or adheres to its enemies, giving them aid or
comfort within the Philippines or elsewhere. [Art. 114, RPC]. 2. A
breach of allegiance to a government, committed by a person who
owes allegiance to it. [US v. Abad 1 Phil. 437].
Treasury shares. Corp. Law. Shares of stock which have been issued
and fully paid for, but subsequently reacquired by the issuing
corporation by purchase, redemption, donation or through some other
lawful means. Such shares may again be disposed of for a reasonable
price fixed by the board of directors. [Sec. 9, Corp. Code].
Treaty of Paris. The treaty signed on Dec. 10, 1898 in Paris, France
where Spain ceded the Philippines to the United States of America,
together with Guam, Panama and Puerto Rico, for $20 million.
Treble. Triple.
Treble costs. Costs (other than double costs) which may be imposed on
the plaintiff or appellant, where an action or an appeal is found to be
frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3,
Rule 143, RoC].
Tree farm. Any tract of forest land purposely and extensively planted to
trees of economic value for their fruits, flowers, leaves, barks, or
extractives, but not for the wood thereof. [Sec. 3, PD 705].
Trespass. Crim. Law. 1. The felony committed by any person who shall
enter the closed premises or the fenced estate of another, while either
or them are uninhabited, if the prohibition to enter be manifest and the
trespasser has not secured the permission of the owner or the
caretaker thereof. [Art. 281, RPC]. 2. Any unauthorized entry on realty
Trial. 1. All proceedings from the time when issue is joined, or, more
usually, when the parties are called to try their case in court, to the
time of its legal determination. [Gutierrez v. CA, GR 82475. Jan. 28,
1991, citing Black's Law Dict., p. 1675 (Rev. 4th Ed., 1968]. 2. A
judicial examination of issues between parties to an action. [Glossary of
Legal Terms (Pro-Se), 2004].
Trial calendar. A calendar for cases which have passed the pre-trial
stage. [Albano, Rem. Law Reviewer, 1st Ed., p. 270].
Tribal land areas. The areas comprising both land and sea that are
traditionally occupied by the cultural minorities. [Sec. 3, RA 7611].
Trigger price. The volume bench-mark for applying the special safe
guard measure. [Sec. 4, RA 8800].
Troso. Tag. Round logs. [Morenos Law Dict., 2000 Ed., p. 479].
True copy. A correct copy of the original. [Morenos Law Dict., 2000 Ed.,
p. 479].
Trust de son tort. A trustee "of his own wrong"; a person who is not a
regularly appointed trustee but because of his intermeddling with the
trust and the exercise of some control over the trust property, he can
be held by a court as a constructive trustee which entails liability for
losses to the trust. [Duhaime's Legal Dict., 2004]. See Constructive
trust.
Trust funds. Funds which have come officially into the possession of any
agency of the Government or of a public officer as trustee, agent, or
Tubo. Tag. Lead pipe. [People v. Aguiluz, GR 91662. Mar. 11, 1992].
Tug. A steam vessel built for towing, synonymous with tugboat. [Luzon
Stevedoring Corp. v. CA, GR L-30232. July 29, 1988, citing Bouvier's
Law Dictionary].
Tuition fee. 1. Fee collected by the school in paying for the instruction.
[Sec. 1, PD 577]. 2. The school charges for the subjects or course
enrolled in by a pupil or student, as indicated in the respective
prospectuses, colleges and universities, which may either be on a term
or yearly basis or per unit or units. [Sec. 1, Rule II, PD 451].
Two-dismissal rule. The rule that where the same complaint had twice
been dismissed by the plaintiff without order of the court by the mere
act of serving notice of dismissal, the second dismissal operates as an
adjudication on the merits. [Albano, Rem. Law Reviewer, 1st Ed., p.
236].
-U-
Uberrima fides or Uberrimae fidae. Lat. 1. Most abundant good faith.
[Tang v. CA, GR L-48563. May 25, 1979]. 2. Good faith; absolute and
perfect candor or openness and honesty; the absence of any
concealment or deception, however slight [Grepalife v. CA, GR L-31845.
Apr. 30, 1979, citing Black's Law Dict., 2nd Ed.].
Ubi jus ibi remedium. Lat. Where there is a right, there is a remedy
[Gabila v. Perez, GR 29541. Jan. 27, 1989, citing Ballentine's Law Dict.,
1948 Ed., p. 1307].
Ubi lex non distinguit nec nos distinguere debemus. Lat. When
the law does not distinguish we should not distinguish. [Robles v.
Zambales Chromite Mining, GR L-12560. Sep. 30, 1958].
Ultra vires act. Corp. Law. An act committed outside the object for
which a corporation is created as defined by law of its organization and
therefore beyond the powers conferred upon it by law [Rep. v. Acoje
Mining, GR L-18062. Feb. 28, 1963, citing 19 CJS, Sec. 965, p. 419]. 2.
Without authority. An act which is beyond the powers or authority of
the person or organization which took it. [Duhaime's Legal Dict., 2004].
Compare with Intra vires act.
Unclean or dirty hands. (a) Maxim that a party whose actions cause
the other party to breach, may not complain. (b) When the plaintiff
took inappropriate steps in attempting to recoup a loss prior to bringing
a claim. [Intl. Law Dict. & Direct., 2004]. More precisely Coming to
court with unclean hands.
Unemployed. The term refers only to those who are without or are
separated from employment, and does not include instances when an
employee is not actually working, as during the period of his illness.
[Canovas v. Batangas Transportation Co., GR L-19868. Mar. 31, 1965,
citing Sec. 14, RA 1161, as amended].
uniformly on all subjects of the same class and kind and is violated if
particular kinds, species, or items of property are selected to bear the
whole burden of the tax, while others, which should be equally
subjected to it, are left untaxed. [Villanueva v. City of Iloilo, GR
L-26521. Dec. 28, 1968, citing CJS 79]. 2. That principle by which all
taxable articles or kinds of property of the same class shall be taxed at
the same rate [Churchill v. Concepcion, 34 Phil. 969 (1916)].
Union shop. Labor. An agreement under which the workers are not
required to be union members when hired; but to maintain continued
employment, they must continue to pay union dues and must become
union members also after some time. [Poquiz, Labor Rel. Law, 1999 Ed.
p. 157, citing Beal and Wickersham, The Practice of Collective
Bargaining, pp. 242-243].
Unissued capital stock. That portion of the capital stock that is not
issued or subscribed. It does not vote and draws no dividends. [De
Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53].
Unlawful arrest. Crim. Law. The felony committed by any person who,
in any case other than those authorized by law, or without reasonable
ground therefor, shall arrest or detain another for the purpose of
delivering him to the proper authorities. [Art. 269, RPC].
Unpaid seller, rights of. (a) A lien on the goods or right to retain them
for the price while he is in possession of them; (b) in case of the
insolvency of the buyer, a right of stopping the goods in transitu after
he has parted with the possession of them; (c) a right of resale; (d) a
right to rescind the sale. Where the ownership in the goods has not
passed to the buyer, the unpaid seller has, in addition to his other
remedies a right of withholding delivery similar to and coextensive with
his rights of lien and stoppage in transitu where the ownership has
passed to the buyer. [Art. 1526, CC].
Unprocessed food. Food that has not undergone any treatment that
results in substantial change in the original state even if it may have
been divided boned, skinned, peeled, ground, cut cleaned, trimmed,
fresh-frozen or chilled. [Sec. 3, RA 8976].
Urban lands. Lands which conform to any of the following criteria: (a)
In their entirety, all cities and municipalities which have the population
density of at least 1,000 persons per square kilometer and where at
least 50 percent of the economically active population are engaged in
non-agricultural activities; (b) All barangays comprising the former
poblacion or barangays including a part of the former poblacion of cities
or municipalities which have a population density of greater than 500
but less than 1,000 persons per square kilometer; and where at least
50 percent of the economically active population engaged in
non-agricultural activities; (c) All barangays not included in items (a)
and (b) above which have a population size of at least 1,000 and where
at least 50 percent of the economically active population are engaged
in non-agricultural activities. [Sec. 3, PD 1517].
Using false certificates. Crim. Law. The felony committed by any one
who shall knowingly use any of the false certificates mentioned in Art.
174 of the Rev. Penal Code. [Art. 175, RPC].
Using fictitious name and concealing true name. Crim. Law. The
felony committed by any person who shall publicly use a fictitious name
for the purpose of concealing a crime, evading the execution of a
judgment or causing damage, or by any person who conceals his true
name and other personal circumstances. [Art. 178, RPC].
Usurer. One who lends money at a rate of interest greater than that
established by law. [Martin, Commentaries and Jurisp. on Comml.
Laws, Vol. 1, 1988 Rev. Ed., p. 413].
Usurious contract. One which stipulates for the payment of more than
lawful interest for the use of money, or forbearance of a debt. [Martin,
Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p.
413].
Usury Law. Act 2655, as amended, which took effect on May 1, 1916. It
is now legally inexistent because of Circular No. 905 of the Central
Bank adopted on Dec. 22, 1982 which has expressly removed the
interest ceilings prescribed by the Usury Law. [Torres, Oblig. & Cont.,
2000 Ed., p. 43].
Ut res magis valeat quam pereat. Lat. 1. That construction (is to be)
sought which gives effect to the whole of the statute its every word.
[Tamayo v. Gsell, 35 Phil. 953, 980]. 2. That the thing may rather have
effect than be destroyed. [JMM Promotions & Management v. NLRC, GR
109835. Nov. 22, 1993, citing Simonds v. Walker, 100 Mass. 113]. 3. A
law should be interpreted with a view of upholding rather than
destroying it. From this principle arises the rule that in construing a
statute, that interpretation is to be adopted which will give force and
effect to every word, clause and sentence of the enactment.
-V-
Vacancy in the inheritance. Succ. Vacancy caused by any of the
following: (a) predecease of one of the instituted heirs, legatees or
devisees; (b) incapacity of one of the instituted heirs, legatees or
devisees; (c) repudiation by one of the instituted heirs, legatees or
devisees; (d) non-fulfillment of the suspensive condition attached to the
institution of an heir or the designation of a legatee or devisee; and (e)
void or ineffective testamentary dispositions. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p. 463].
Valid consignation. Requisites: The debtor must show (a) that there
was a debt due; (b) that the consignation of the obligation had been
made because the creditor to whom tender of payment was made
refused to accept it, or because he was absent or incapacitated, or
because several persons claimed to be entitled to receive the amount
due [Art 1176, CC]; (c) that previous notice of the consignation had
been given to the person interested in the performance of the
obligation [Art. 1177, CC]; (d) that the amount due was placed at the
disposal of the court and (e) that after the consignation had been made
the person interested was notified thereof. [Ponce de Leon v. Syjuco
Inc., 90 Phil., 311].
Valid dismissal. Requisites: (a) The dismissal must be for any of the
causes expressed in Art. 282 of the Labor Code, and (b) the employee
must be given an opportunity to be heard and to defend himself.
[Midas Touch Food Corp. v. NLRC, GR 111639. July 29, 1996].
Vehicle. 1. Any carriage traveling on its own wheels or runners and used
or intended to be used for the conveyance or carrying of persons,
animals or goods. [Sec. 3, RA 4663]. 2. Any thing that is designed to
transport persons or objects. A bicycle has been held to be a vehicle.
[Duhaime's Legal Dict., 2004].
Vendor. The seller; the person selling. [Duhaime's Legal Dict., 2004].
Venta con pacto de retracto. Sp. Sale with the right to repurchase.
[Cruz v. Joaquin, GR 1170. Sep. 17, 1903].
Venue. 1. The place of the court where the trial is to take place. [Torres,
Oblig. & Cont., 2000 Ed., p. 355]. 2. Authority of a court to hear a
matter based on geographical location. [Glossary of Legal Terms
(Pro-Se), 2004]. 3. The location of a judicial hearing. [Duhaime's Legal
Dict., 2004]. Compare with Jurisdiction.
Verba legis non est recedendum. Lat. From the words of a statute
there should be no departure. [Globe-Mackay Cable and Radio Corp. v.
NLRC, 206 SCRA 701 (1992)].
Verdict. 1. A conclusion, as to fact or law, that forms the basis for the
court's judgment. [Glossary of Legal Terms (Pro-Se), 2004]. 2. The
decision of a (court). In criminal cases, this is usually expressed as
"guilty" or "not guilty". In a civil case, the verdict would be a finding for
the plaintiff or for the defendant. [Duhaime's Legal Dict., 2004].
Vested right. 1. Property which has become fixed and established, and
is no longer open to doubt or controversy; an immediately fixed right of
present or future enjoyment as distinguished from an expectant or
contingent right [Benguet Consolidated Mining v. Pineda, 98 Phil. 711;
Balbao v. Farrales, 51 Phil. 498]. 2. Some right or interest in property
which has become fixed and established and is no longer open to doubt
or controversy. [Downs v. Blount, 170 Fed. 15,20, cited in Balboa v.
Farrales, 51 Phil. 498, 502]. 3. A right having been created by the
appropriate law, the recognition of its existence should follow
everywhere. Thus an act valid where done cannot be called in question
anywhere. [Beale, A Selection of Cases on the Conflicts of Laws, vol. 3,
1902 at p. 517].
Vested rights doctrine. The doctrine which holds that the duty to
recognize another jurisdiction's law was not dependent on comity, with
its expectation of reciprocity, but rather on the mere fact that such
rights had been validly created under the foreign law of their place of
origin, i.e. that they were vested rights. [Tetley, Glossary of Conflict of
Laws, 2004].
Veto. Admin. Law. The refusal of assent by the executive officer whose
assent is necessary to perfect a law which has been passed by the
legislative body, and the message which is usually sent to such body by
the executive, stating such refusal and the reasons therefor. [Black's
Law Dict., Abr. 5th Ed. (1987), p. 809].
Veto. Intl. Law. The negative vote which any of the permanent members
of the United Nations Security Council is allowed to cast in the decision
of non-procedural questions. The effect of this veto is to defeat the
measure under consideration even if supported by a majority or, in fact,
all of the other members of the Council. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 29].
Const.]. The exception to the general veto power is the power given to
the President to veto any particular item or items in a general
appropriations bill [Sec. 27(1), Art. VI, 1987 Const.]. In so doing, the
President must veto the entire item. [Phil. Const. Assoc. v. Enriquez, GR
113105. Aug. 19, 1994].
Via trita est tuttisima. Lat. The trodden path is the safest path.
[Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994].
Vir. Lat. Man or husband. Vir et uxor censentur in lege una persona is an
old (and long abandoned in most countries) legal principle meaning
that man and wife are considered to be one person in law. [Duhaime's
Legal Dict., 2004].
Virgin. Legal Med. A woman who has had no carnal knowledge of man
and whose genital organs have not been altered by carnal connection.
[Olarte, Legal Med., 1st Ed. (2004), p. 122]. Compare with Chaste.
Virginity. Legal Med. The state of not knowing the nature of sexual life
and not having experienced sexual relation (moral virginity). A
condition whereby a woman is conscious of the nature of sexual life but
has not experienced sexual intercourse (physical virginity). [Olarte,
Legal Med., 1st Ed. (2004), p. 122]. Compare with Chastity.
Visit, right of. Intl. Law. Right of a warship or military aircraft on the
high seas to approach a foreign ship if the warship or aircraft has
reasonable grounds for suspecting that the foreign ship is. (a) engaged
in piracy, (b) engaged in the slave trade, (c) engaged in unauthorized
broadcasting, (d) a ship without a nationality, or (e) a ship that refuses
to fly a flag or is flying a foreign flag when it actually has the same
nationality as the warship or aircraft. [Intl. Law Dict. & Direct., 2004].
Visitorial power. The power of the Sec. of Labor or his duly authorized
representative to inquire, from time to time, into the financial activities
of legitimate labor organizations and to examine their books of
accounts and other records to determine compliance or non-compliance
with the law and to prosecute any violations of the law and the union
constitution and by-laws. [Art. 274, LC].
Viva voce. Lat. With the living voice; by word of mouth. As applied in
the examination of witness, this phrase is equivalent to orally. [Black's
Law Dict., Abr. 5th Ed. (1987), p. 811].
Viz. Abbreviation of the Latin word videlicet. Short for "namely" or "that
is to say." [Duhaime's Legal Dict., 2004].
Void contract. One which has no force and effect from the very
beginning, as if it had never been entered into, and which cannot be
validated either by time or by ratification. [Palmera v. CSC, GR 110168.
Aug. 4, 1994]. Also Inexistent contract.
Void for vagueness doctrine. The rule that a statute or act may be
said to be vague when it lacks comprehensible standards that men of
common intelligence must necessarily guess at its meaning and differ
as to its application. It is repugnant to the Constitution in two respects:
(a) it violates due process for failure to accord persons, especially the
parties targeted by it, fair notice of the conduct to avoid; and (b) it
leaves law enforcers unbridled discretion in carrying out its provisions
and becomes an arbitrary flexing of the Government muscle. [People v.
Nazario, GR L-44143. Aug. 31, 1988].
Volenti non fit injuria. Lat. That to which a person assents is not
deemed in law an injury. Consent to injury. Voluntary assumption of
risk. A defense in tort that means where a person engages in an event
accepting and aware of the risks inherent in that event, then he cannot
later complain of, or seek compensation for an injury suffered during
the event. [Duhaime's Legal Dict., 2004].
Vote cast. The exercise on a ballot of the choice of the voter on the
measure proposed. [Javellana v. Exec. Sec., GR L-36142. Mar. 31,
1973].
Voting share. Corp. Law. A share with right to vote. [De Leon, Corp.
Code of the Phil. Annotated, 1989 Ed., p. 60]. Compare with
Non-voting share.
Voyage charter. 1. A contract for the hire of a vessel for one or a series
of voyages usually for the purpose of transport in goods for the
charterer. The voyage charter is a contract of affreightment and is
considered a private carriage. [Maritime Agencies & Services, Inc. v.
CA, GR 77638. July 12, 1990, citing Schoenbaum, Admiralty and
Maritime Law, 1987, Student Ed., p. 383]. 2. A contract of
affreightment, that is, a contract for the carriage of goods, from one or
more ports of loading to one or more ports of unloading, on one or on
a series of voyages. In a voyage charter, master and crew remain in
the employ of the owner of the vessel. [Litonjua Shipping Inc. v. Natl.
Seamen Board, GR 51910. Aug. 10, 1989].
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Wage. The remuneration or earning, however designated, capable of
being expressed in terms of money, whether fixed or ascertained on a
time, task, piece, or commission basis, or other method of calculating
the unwritten contract of employment for work done or to be done, or
for services rendered or to be rendered and includes the fair and
reasonable value, as determined by the Sec. of Labor, of board,
lodging, or other facilities customarily furnished by the employer to the
employee. [Art. 97 (f), LC].
Wages. All remuneration (other than fees paid to a public official) for
services performed by an employee for his employer, including the cash
value of all remuneration paid in any medium other than cash. [NIRC,
as amended].
Waive. To voluntarily give up a legal right. [Intl. Law Dict. & Direct.,
2004].
which except for such waiver the party would have enjoyed; the
voluntary abandonment or surrender, by a capable person, of a right
known by him to exist, with the intent that such right shall be
surrendered and such person forever deprived of its benefit; or such
conduct as warrants an inference of the relinquishment of such right; or
the intentional doing of an act inconsistent with claiming it. [People v.
Donato, GR 79269. June 5, 1991]. 2. Intentionally given up a right.
[Glossary of Legal Terms (Pro-Se), 2004].
warehouse that does not accept orders and/or issue sales invoices as
aforementioned shall not be considered a branch or sales office. [Art.
243, IRR, LGC]. 2. A building or shed used for the storage of cargo.
[Sec. 3, PD 857].
Warehouse Receipts Law. Act No. 2137 which prescribes the mutual
rights and duties of a warehouseman who issues ware-house receipts,
and his depositor, and covers all warehouses, bonded or not. [Miravite,
Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26].
Comments and Cases on Credit Trans., 1999 Ed., p. 237, citing 38 CJS
1134].
Waste dump area. A designated place where the mine waste are
accumulated or collected. [Sec. 4, DENR Admin. Order 95-23].
Water body. Both natural and man-made bodies of fresh, brackish, and
saline waters, and includes, but is not limited to, aquifers, groundwater,
springs, creeks, streams, rivers, ponds, lagoons, water reservoirs,
lakes, bays, estuarine, coastal and marine waters. Water bodies do not
refer to those constructed, developed and used purposely as water
treatment facilities and/or water storage for recycling and re-use which
are integral to process industry or manufacturing. [Sec 4, RA 9275].
Water rights. 1. The privilege to appropriate and use water. [Art. 13,
PD 1067]. 2. The right to use water. [Glossary of Legal Terms (Pro-Se),
2004].
Waters. The term refers to water under the grounds, water above the
ground, water in the atmosphere and the waters of the sea within the
territorial jurisdiction of the Philippines. [Art. 4, PD 1067].
Watusi. Usually reddish in color about 1 1/2 inches in length and 1/10
inch in width usually ignited by friction to produce a dancing movement
and a crackling sound. [Sec. 2, RA 7183].
Welfare state concept. Under this concept, private property does not
constitute for anyone an absolute and unconditioned right. All men are
equal in their right to a decent life. It is not a system of justice where
one man is very wealthy and another very poor. Where such a situation
exists on a national scale, it becomes a matter of social justice.
[Alalayan v. Napocor (24 SCRA 172, 181-182 (1968)].
and analyze if the extension would help attain the objective of the law
or would tend to defeat it. [Morente v. Filamor, 52 Phil., 289].
White slave trade. Crim. Law. The felony committed by any person
who, in any manner, or under any pretext, shall engage in the business
or shall profit by prostitution or shall enlist the services of any other for
the purpose of prostitution. [Art. 341, RPC, as amended by BP 186].
Whole eye. The entire eye ball minus the conjunctiva after it has been
enucleated from the orbit. [Sec. 4, DOH Admin. Order 11-95].
Wife's separate estate. That from which the dominion and control of
the husband is excluded, and from which he is to derive no benefit by
reason of the marital relation. It may be equitable or statutory,
according to the mode of its creation. [Ossorio v. Posadas, GR 31088.
Dec. 3, 1929, citing 30 Corpus Juris, 795].
his property when he dies. [Duhaime's Legal Dict., 2004]. Also called
Last will and testament. See also Codicil and Probate.
other person, without the express direction of the testator, the will may
still be established, and the estate distributed in accordance therewith,
if its contents, and due execution, and the fact of its unauthorized
destruction, cancellation, or obliteration are established according to
the Rules of Court. [Art. 830, CC].
Wills, witnesses to. Any person of sound mind and of the age of
eighteen years or more, and not bind, deaf or dumb, and able to read
and write, may be a witness to the execution of a will mentioned in Art.
805 of the Civil Code. [Art. 820, CC].
Window period. The period of time, usually lasting from two weeks to
six (6) months during which an infected individual will test negative
upon HIV testing but can actually transmit the infection. [Sec. 4, RA
8496].
Wire tapping. 1. The crime committed by any person who, not being
authorized by all the parties to any private communication or spoken
word, shall tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as
a dictaphone or dictagraph or dictaphone or walkie-talkie or tape
recorder, or however otherwise described; or by any person, be he a
participant or not in the act or acts penalized in the next preceding
sentence, who shall knowingly possess any tape record, wire record,
Witch. One who practices the black art, or magic; one regarded as
possessing supernatural or magical power by compact with an evil
spirit, especially with the devil; a sorcerer or sorceress now applied
chiefly or only to women. [People v. Sario, GR L-20754 & L-20759. June
30, 1966].
Witness. 1. Any person who, having organs of sense, can perceive and,
perceiving, can make known his perception to others. [Sec. 1, PD
1731]. 2. One who personally sees or perceives a thing; one who
testifies as to what he has seen, heard, or otherwise observed.
[Glossary of Legal Terms (Pro-Se), 2004]. 3. The regular definition of
this word is a person who perceives an event by seeing, hearing,
smelling or other sensory perception. The legal definition refers to the
court-supervised recital of that sensory experience, in writing
(deposition) or verbally (testimony). [Duhaime's Legal Dict., 2004].
Work of fine art. All original works of art like paintings, sculpture,
drawings and artwork produced in multiples such as graphic and
photographic works and sculpture casts, but shall not include works
intended to be mass-produced for commercial use. [Sec 3, RA 9105].
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Alvin Claridades Legal and Jurisprudential Lexicon for Law
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Yalta voting formula. The voting rule in the Security Council whereby
a decision on procedural matters is to be made by the affirmative vote
of any nine members of the Council while a decision on non-procedural
Youth. 1. Persons fifteen (15) to thirty (30) years old. [Sec. 3, RA 8425].
2. Those persons whose ages range from fifteen (15) to thirty (30)
years old. [Sec. 4, RA 8044].
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Zakat. The term has the meaning assigned to it by Islamic law and
jurisprudence as expounded by authoritative sources; in the context of
RA 6848, it represents an annual tithe payable by the Bank on behalf of
its shareholders and investors in compliance with Islamic Shari'a
principles. [Sec. 44, RA 6848].
Zona. The dreaded military operation which was not unlike the feared
practice of the kempeitai during the Japanese Occupation of rounding
up the people in a locality, arresting the persons fingered by a hooded
informer, and executing them outright (although the last part is not
included in the modern refinement). [Alih v. Castro, GR L-69401. June
23, 1987].