WORDS AND PHRASES

768
1. Insubordination is defined as a refusal to obey some order, which a superior officer is entitled to
give and have obeyed. Marigomen vs. Labar, p. 15
2. View that Article 212(1) of the Labor Code defines a labor dispute to include any controversy or
matter concerning terms or conditions of employment or the association or representation of
persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of
employment regardless of whether or not the disputants stand in the proximate relations of
employer and employee. Social Security System vs. Ubaña, p. 36
3. Under Section 8, Rule VII of the Omnibus Rules, [a] detail is the movement of an employee
from one department or agency which is temporary in nature, which does not involve a
reduction in rank, status or salary and does not require the issuance of another appointment.
Department of Finance vs. Dela Cruz, Jr., p. 74
4. Intervention is a remedy by which a third party, not originally impleaded in the proceedings,
becomes a litigant therein to enable him, her or it to protect or preserve a right or interest which
may be affected by such proceedings. Chipongian vs. Benitez-Lirio, p. 205
5. Lascivious Conduct, Defined. Section 2(h) of the Implementing Rules and Regulations of R.A.
No. 7610 defines lascivious conduct as follows: [T]he intentional touching, either directly or
through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the
introduction of any object into the genitalia, anus or mouth of any person, whether of the same
or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or
pubic area of a person. People vs. Bacus, p. 321
6. A certificate of deposit is defined as a written acknowledgment by a bank or banker of the
receipt of a sum of money on deposit which the bank or banker promises to pay to the depositor,
to the order of the depositor, or to some other person or his order, whereby the relation of debtor
and creditor between the bank and the depositor is created. Bank of Philippine Islands vs.
Fernandez, p. 564
7. Arrest is the taking of a person into custody in order that he or she may be bound to answer for
the commission of an offense. Homar vs. People, p. 586
8. Preponderance of evidence simply means evidence that is of greater weight or more convincing
than what is offered against it. Sabellina vs. Buray, p. 619

769
1. Preponderance of evidence is the weight, credit, and value of the aggregate evidence on either
side and is usually considered to be synonymous with the term greater weight of evidence or
greater weight of credible evidence. Philippine National Bank vs. Pasimio, p. 71
2. Injunction is a judicial writ, process or proceeding whereby a party is directed either to do a
particular act, in which case it is called a mandatory injunction, or to refrain from doing a
particular act, in which case it is called a prohibitory injunction. Republic vs. Cortez, Sr., p. 267
3. Eminent domain is a fundamental state power that is inseparable from sovereignty. It is the
power of a sovereign state to appropriate private property within its territorial sovereignty to
promote public welfare. Republic vs. Mupas, p. 386
4. Just compensation is defined as the full and fair equivalent of the property taken from its owner
by the expropriator. Ibidem
5. Jurisprudence broadly defines fair market value as the sum of money that a person desirous but
 not compelled to buy, and an owner willing but not compelled to sell, would agree on as a price
to be given and received for a property. Ibid. p. 387
6. Replacement cost is a different standard of valuation from the fair market value; Replacement
cost is the amount necessary to replace the improvements structures, based on the current
market prices for materials, equipment, labor, contractor s profit and overhead, and all other
attendant costs associated with the acquisition and installation in place of the affected
improvements structures. Ibid.
7. Reproduction cost is the estimated current cost to construct an exact replica of the subject
building, using the same materials, construction standards, design, layout, and quality of
workmanship; and incorporating all the deficiencies, superadequacies, and obsolescence of the
subject building. Ibid. p. 388
8. Replacement cost new is the estimated cost to construct a building with utility equivalent to the
appraised building using modern materials and current standards, design, and layout or the
current cost of a similar new property having the nearest equivalent utility as the property being
valued. Ibid. p. 389
9. Depreciated replacement cost approach is the method of valuation which provides the current
cost of replacing an asset with its modern equivalent asset less deductions for all physical
deterioration and all relevant forms of obsolescence and optimisation. Ibid.
10. Construction costs are the costs that are normally and directly incurred in the purchase and
installation of an asset, or group of assets, into functional use. On the other hand, attendant costs
are the costs that are normally required to purchase and install a property but that are not
usually included in the vendor invoice. Ibid. p. 390
11. Physical obsolescence refers to the wear and tear over the years, which might be combined with
a lack of maintenance. Ibid.
12. Functional obsolescence reflects the advances in technology which allow for a more efficient
delivery of services and goods from a building of different designs and specifications. Ibid. p.
391
13. Economic obsolescence results from the impact of changing external macro- and micro-
economic conditions on the property and should not include internal factors which affect the
profitability of the occupying business, the writing down of such factors to reflect the
profitability of the business being a matter for the occupier. Ibid.
14. Taking under the power of eminent domain means entering upon private property for more than
a momentary period, and under the warrant or color of legal authority, devoting it to public use,
or otherwise informally appropriating or injuriously affecting it in such a way as substantially to
oust the owner and deprive him of all beneficial enjoyment thereof. Ibid. p.400

770
1. Probable cause for purposes of filing a criminal information is defined as such facts as are
sufficient to engender a well-founded belief that a crime has been committed and the respondent
is probably guilty thereof, and should be held for trial. Bureau of Customs vs. Devanadera, p. 5
2. In various fraudulent practices against customs revenue, also known as technical smuggling, the
goods and articles are brought into the country through fraudulent, falsified or erroneous
declarations, to substantially reduce, if not totally avoid, the payment of correct taxes, duties
and other charges. Ibid. p.6
3. Preponderance of evidence means that the evidence adduced by one (1) side is, as a whole,
superior to or has greater weight than that of the other. Mendoza Vda. De Robosa vs. Mendoza,
p. 141
 4. A writ of preliminary attachment is defined as a provisional remedy issued upon order of the
court where an action is pending to be levied upon the property or properties of the defendant
therein, the same to be held thereafter by the sheriff as security for the satisfaction of whatever
judgment that might be secured in the said action by the attaching creditor against the
defendant. Watercraft Venture Corporation vs. Wolfe, p.179
5. Permanent total disability means an employee is disabled to earn wages in the same or similar
kind of work that he was trained for or accustomed to perform, or in any kind of work which a
person of his mentality and attainment can do. It does not mean a state of absolute helplessness
but merely the inability to do substantially all material acts necessary to the prosecution of a
gainful occupation without serious discomfort or pain and without material injury or danger to
life. Hanseatic Shipping Philippines, Inc. vs. Ballon, p. 366
6. A confidential employee is defined as one entrusted with confidence on delicate matters, or with
the custody, handling, or care and protection of the employer s property. For all intents and
purposes, the terms confidential employee and employee holding a position of trust and
confidence are synonymous. University of the Immaculate Conception vs. Office of the
Secretary of Labor and Employment, p. 433
7. In the landmark case of Association of Small Landowners in the Philippines, Inc. v. Hon.
Secretary of Agrarian Reform, 175 SCRA 343 (1989), the Supreme Court (SC) defined the term
just compensation as follows: Just compensation is defined as the full and fair equivalent of the
property taken from its owner by the expropriator. It has been repeatedly stressed by this Court
that the measure is not the taker s gain but the owner s loss. Land Bank of the Philippines vs.
Hababag, Sr., p. 492
8. The Supreme Court (SC) has repeatedly ruled that the constitutional limitation of just
compensation is considered to be the sum equivalent of the market value of the property, which
is, in turn, defined as the price fixed by the seller in open market in the usual and ordinary
course of legal action and competition, or the fair value of the property as between one who
receives and one who desires to sell it, fixed at the time of the actual taking by the government.
Ibid. p. 493
9. An action for reconveyance is a legal and equitable remedy granted to the rightful owner of land
which has been wrongfully or erroneously registered in the name of another for the purpose of
compelling the latter to transfer or reconvey the land to him. Uy. Vs Court of Appeals,
Mindanao Station, Cagayan de Oro City, p. 514
10. Republic Act (RA) No. 3018 defines the rice and or corn industry as culture, milling,
warehousing, transporting, exportation, importation, handling the distribution, either in
wholesale or retail, x ﾠ x ﾠ x or the acquisition for the purpose of trade of rice (husked or
unhusked) or corn and the by-products thereof. Purina Philippines, Inc. vs. Flores, p. 537

771
1. The term forbearance, within the context of usury law, has been described as a contractual
obligation of a lender or creditor to refrain, during a given period of time, from requiring the
borrower or debtor to repay the loan or debt then due and payable. WT Construction, Inc. vs.
Province of Cebu, p. 14
2. Retirement is the result of a bilateral act of the parties, a voluntary agreement between the
employer and the employee whereby the latter, after reaching a certain age, agrees to sever his
or her employment with the former. Banco de Oro Unibank, Inc. vs. Sagaysay, p. 68
3. Tenancy relationship is a juridical tie which arises between a landowner and a tenant once they
agree, expressly or impliedly, to undertake jointly the cultivation of a land belonging to the
 landowner, as a result of which relationship the tenant acquires the right to continue working on
and cultivating the land. Velasquez vs. Cruz, p. 122

772
1. A notarial certificate, as defined in Section 8, Rule II of the Notarial Rules, requires a statement
of the facts attested to by the notary public in a particular notarization. Bartolome vs. Basilio, p.
213
2. A jurat is, among others, an attestation that the person who presented the instrument or
document to be notarized is personally known to the notary public or identified by the notary
public through competent evidence of identity as defined by the Notarial Rules. Ibid. p. 214
3. Resulting trusts arise from the nature or circumstances of the consideration involved in a
transaction whereby one (1) person becomes invested with legal title but is obligated in equity
to hold his title for the benefit of another; An example of a resulting trust is Article 1453 of the
Civil Code. Clemente vs. Court of Appeals, p. 341
4. Grave abuse of discretion implies a capricious and whimsical exercise of judgment equivalent
to lack of jurisdiction, or the exercise of power in an arbitrary or despotic manner by reason of
passion or personal hostility; or in a manner so patent and gross as to amount to an evasion of
positive duty enjoined or to act at all in contemplation of law. Nightowl Watchman & Security
Agency, Inc. vs. Lumahan, p. 639
5. Abandonment, as understood under our labor laws, refers to the deliberate and unjustified
refusal of an employee to resume his employment. Ibid. p. 640

773
1. A liquidation proceeding, on the other hand, is a special proceeding involving the
administration and disposition, with judicial intervention, of an insolvent s assets for the benefit
of its creditors. Consolidated Bank and Trust Corporation vs. Court of Appeals, p. 2
2. Contempt of court is a defiance of the authority, justice or dignity of the court; such conduct as
tends to bring the authority and administration of the law into disrespect or to interfere with or
prejudice parties litigant or their witnesses during litigation. Balindong vs. Court of Appeals,
p.28
3. Layoff is defined as the severance of employment, through no fault of and without prejudice to
the employee, resorted to by management during the periods of business recession, industrial
depression, or seasonal fluctuations, or during lulls caused by lack of orders, shortage of
materials, conversion of the plant to a new production program or the introduction of new
methods or more efficient machinery, or of automation. Pasig Agricultural Development and
Industrial Supply Corporation vs. Nievarez, p. 53
4. Locus standi is defined as a right of appearance in a court of justice on a given question.
Unduran vs. Aberasturi, p. 115
5. Section 3(f) of the Indigenous Peoples Rights Act (IPRA) defines customary laws as a body of
written and/or unwritten rules, usages, customs and practices traditionally and continually
recognized, accepted and observed by respective Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs). Ibid. p. 118
6. View that customary law is a descriptive label which should acknowledge that each tribe lived
through its own history and endogenously emerged their own set of norms reflecting their
values and lifeways. Ibid. p. 130
7. Under Section 3(a) of Republic Act (RA) No. 7610, children refers to persons below eighteen
(18) years of age or those over but 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. Dimakuta vs. People, p. 233
8. A secondment is a movement of an employee from one (1) department or agency to another
which is temporary in nature. It may or may not require the issuance of an appointment, and
may involve an increase in compensation and benefits. Señeres vs. Sabido IX, p. 373
9. In David v. Macapagal-Arroyo, the Supreme Court (SC) described a moot and academic case as
one that ceases to present a justiciable controversy by virtue of supervening events, so that a
declaration thereon would be of no practical use or value and discussed that [g]enerally, court's
decline jurisdiction over such case, or dismiss it on ground of mootness. De Leon vs. Esperon,
Jr., p. 406
10. In The Conjugal Partnership of the Spouses Cadavedo v. Lacaya, 713 SCRA 397 (2014), the
Supreme Court (SC) defined a contingent fee contract as an agreement in writing where the fee,
often a fixed percentage of what may be recovered in the action, is made to depend upon the
success of the litigation. Enriquez Vda. de Santiago vs. Suing, p. 453
11. In Madali, et al. v. People, 595 SCRA 274 (2009), the Supreme Court (SC) held that
discernment is that mental capacity of a minor to fully appreciate the consequences of his
unlawful act. Such capacity may be known and should be determined by taking into
consideration all the facts and circumstances afforded by the records in each case. People vs.
Ancajas, p. 522
12. Extrajudicial killings, according to case law, are generally characterized as killings committed
without due process of law, i.e., without legal safeguards or judicial proceedings, while
enforced disappearances, according to Section 3(g) of Republic Act (RA) No. 9851, otherwise
known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and
Other Crimes Against Humanity, means the arrest, detention, or abduction of persons by, or
with the authorization, support or acquiescence of, a State or a political organization followed
by a refusal to acknowledge that deprivation of freedom or to give information on the fate or
whereabouts of those persons, with the intention of removing from the protection of the law for
a prolonged period of time. Santiago vs. Tulfo, p. 558-559

774
1. An indispensable party is one whose interest in the subject matter of the suit and the relief
sought are so inextricably intertwined with the other parties that his legal presence as a party to
the proceeding is an absolute necessity. Benedicto-Muñoz vs. Cacho-Olivarez, p. 79
2. A compromise agreement is a contract whereby the parties, by making reciprocal concessions,
avoid a litigation or put an end to one already commenced. Asset Pool A (SPV-AMC), Inc. vs.
Clark Development Corporation, p. 336
3. Judicial power, as vested in the Supreme Court (SC) and all other courts established by law, has
been defined as the totality of powers a court exercises when it assumes jurisdiction and hears
and decides a case. Carpio-Morales vs. Court of Appeals(Sixth Edition), p. 437
4. Generally speaking, condonation has been defined as [a] victim s express or implied forgiveness
of an offense, [especially] by treating the offender as if there had been no offense. Ibid. p. 441

775
1. The definition of government funds indicates that for funds to be considered government funds
or public funds, it must be shown that the funds properly belong to a government agency.
Republic vs. Tatlonghari, p. 79
2. Forfeiture is another mode where ownership of a private corporation is transferred to
 government. Ibid. p. 81
3. The Supreme Court (SC) has defined escrow as: [A] written instrument which by its terms
imports a legal obligation and which is deposited by the grantor, promisor, or obligor, or his
agent with a stranger or third party, to be kept by the depositary until the performance of a
condition or the happening of a certain event, and then to be delivered over to the grantee,
promisee, or obligee. Ibid.
4. An assignment of credit is an agreement by virtue of which the owner of a credit, known as the
assignor, by a legal cause, such as sale, dation in payment, exchange or donation, and without
the consent of the debtor, transfers his credit and accessory rights to another, known as the
assignee, who acquires the power to enforce it to the same extent as the assignor could enforce
it against the debtor. Bangko Sentral ng Pilipinas vs. Libo-on, p. 133-134
5. Laches is defined as the failure or neglect for an unreasonable and unexplained length of time,
to do that which by exercising due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable time, warranting a presumption that
the party entitled to assert it either has abandoned it or declined to assert it. Phil-Air
Conditioning Center vs. RCJ Lines, p. 266
6. The Civil Code defines an express warranty as any affirmation of fact or any promise by the
seller relating to the thing if the natural tendency of such affirmation or promise is to induce the
buyer to purchase the same, and if the buyer purchases the thing relying thereon. Ibid. p. 267
7. As early as 1972, the Court has defined the term permanent and total disability in the case of
Marcelino v. Seven-Up Bottling Co. of the Phils., 47 SCRA 343, in this wise: [p]ermanent total
disability means disablement of an employee to earn wages in the same kind of work, or work
of similar nature that he was trained for, or accustomed to perform, or any other kind of work
which a person of his mentality and attainments could do. Marlow Navigation Philippines, Inc.
vs. Osias, p. 342
8. The 2000 Philippine Overseas Employment Administration-Standard Employment Contract
(POEA-SEC) defines work-related injury as injury resulting in disability or death arising out of
and in the course of employment and as any sickness resulting to disability or death as a result
of an occupational disease listed under Section 32-A of this contract with the conditions set
therein satisfied. Licayan vs. Seacrest Maritime Management, Inc., p. 586
9. Jurisdiction is the power and authority, conferred by the Constitution and by statute, to hear and
decide a case. Lim vs. Gamosa, p. 646
10. Primary jurisdiction, also known as the doctrine of Prior Resort, is the power and authority
vested by the Constitution or by statute upon an administrative body to act upon a matter by
virtue of its specific competence. Ibid. p. 647
11. Section 3(f) of the Indigenous Peoples Rights Act (IPRA) defines customary laws as a body of
written and/or unwritten rules, usages, customs and practices traditionally and continually
recognized, accepted and observed by respective Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) Section 3(i), on the other hand, refers to indigenous political structures
consisting of organizational and cultural leadership systems, institutions, relationships, patterns
and processes for decision-making and participation, identified by ICCs/IPs such as, but not
limited to, Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or
body of similar nature. Ibid. p. 650

776
1. Department Order (DO) 18-02 defines substantial capital or investment in the context of labor-
only contracting as referring not only to a contractor s financial capability, but also
 encompasses the tools, equipment, implements, machineries and work premises, actually and
directly used by the contractor or subcontractor in the performance or completion of the job,
work or service contracted out. W.M. Manufacturing, Inc. vs. Dalag, p. 260
2. The language of the Corporation Code appears to confine the term ultra vires to an act outside
or beyond express, implied and incidental corporate powers; Ultra vires acts or acts which are
clearly beyond the scope of one s authority are null and void and cannot be given any effect.
Querubin vs. Commission on Elections En Banc, p. 720
3. As provided in Republic Act (RA) No. 7042, otherwise known as the Foreign Investments Act,
a Philippine corporation is defined in the following wise: The term Philippine national shall
mean a citizen of the Philippines or a domestic partnership or association wholly owned by
citizens of the Philippines; or a corporation organized under the laws of the Philippines of
which at least sixty percent (60%) of the capital stock outstanding and entitled to vote is owned
and held by citizens of the Philippines. Ibid.
4. View that quasi-judicial power is an administrative agency s power to adjudicate the rights of
persons before it. Ibid. p. 722

777
1. Section 280 of the Labor Code defines a regular employee as one who is 1) engaged to perform
tasks usually necessary or desirable in the usual business or trade of the employer, unless the
employment is one for a specific project or undertaking or where the work is seasonal and for
the duration of a season; or 2) has rendered at least one (1) year of service, whether such service
is continuous or broken, with respect to the activity for which he is employed and his
employment continues as long as such activity exists. Vicmar Development Corporation vs.
Elarcosa, p. 239
2. Quasi-judicial or administrative adjudicatory power is the power of the administrative agency to
adjudicate the rights of persons before it. Narra Nickel Mining and Development Corporation
vs.Redmont Consolidated Mines Corporation, p. 259
3. In the legal sense, adjudicate means: [t]o settle in the exercise of judicial authority. Ibid.
4. A probationary employee is one who, for a given period of time, is being observed and
evaluated to determine whether or not he is qualified for permanent employment. Enchanted
Kingdom, Inc. vs. Verzo, p. 423
5. Biometrics refers to a quantitative analysis that provides a positive identification of an
individual such as voice, photograph, fingerprint, signature, iris, and/or such other identifiable
features. Kabataan Party-list vs. Commission on Elections, p. 575
6. The consequence of noncompliance is deactivation, which refers to the removal of the
registration record of the registered voter from the corresponding precinct book of voters for
failure to comply with the validation process as required by [Republic Act (RA) No. 10367].
Ibid. p. 576

778
1. The Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 7042 clarifies that
doing business includes appointing representatives or distributors, operating under full control
of the foreign corporation, domiciled in the Philippines or who in any calendar year stay in the
country for a period or periods totaling one hundred eighty (180) days or more. Air Canada vs.
Commissioner of Internal Revenue, p. 132
2. An offline carrier is any foreign air carrier not certificated by the [Civil Aeronautics] Board, but
who maintains office or who has designated or appointed agents or employees in the
 Philippines, who sells or offers for sale any air transportation in behalf of said foreign air carrier
and/or others, or negotiate for, or holds itself out by solicitation, advertisement, or otherwise
sells, provides, furnishes, contracts, or arranges for such transportation. Ibid. p. 133
3. A tax treaty is an agreement entered into between sovereign states for purposes of eliminating
double taxation on income and capital, preventing fiscal evasion, promoting mutual trade and
investment, and according fair and equitable tax treatment to foreign residents or nationals.
Ibid. p. 135
4. Pacta sunt servanda is a fundamental international law principle that requires agreeing parties to
comply with their treaty obligations in good faith. Ibid.
5. Section 3 of Republic Act (RA) No. 776, as amended, also known as The Civil Aeronautics Act
of the Philippines, defines a general sales agent as a person, not a bona fide employee of an air
carrier, who pursuant to an authority from an airline, by itself or through an agent, sells or offers
for sale any air transportation, 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. Ibid. p. 136
6. By grave abuse of discretion is meant such capricious and whimsical exercise of judgment as is
equivalent to lack of jurisdiction. Pascual vs. Burgos, p. 190
7. Ratification is a voluntary and deliberate confirmation or adoption of a previous unauthorized
act. University of Mindanao, Inc. vs. Bangko Sentral ng Pilipinas, p. 464
8. The Dangerous Drugs Board (DDB) Regulation No. 1, Series of 2002, defines chain of custody
as duly recorded authorized movements and custody of seized drugs or controlled chemicals or
plant sources of dangerous drugs or laboratory equipment of each stage, from the time of
seizure confiscation to receipt in the forensic laboratory to safekeeping, to presentation in court
for destruction. People vs. Havana, p. 525
9. A purchaser in good faith and for value is 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 claims or interest of
some other person in the property. Galido vs. Magrare, p. 678