Legal Lexicon 2014 Ed PDF

[Note: This 4th edition (September 2014) contains a total of 14,442 definitions].
1
property after its previous owner dies with-
-A- out a valid will.
A. Abbrev. of the Roman word, absolvo, which Ab posse ad actu non vale illatio. Lat. "A
means to absolve or to acquit from criminal proof that an act could have been done is no
liability. proof that it was actually done." [Roman
Cath. Bishop of Malolos v. IAC, GR 72110.
A contrario. Lat. On the contrary.
Nov. 16, 1990].
A contrario sensu. Lat. 1. From the contrary
Abandon. To forsake entirely; to forsake or
sense. 2. On the other hand.
renounce utterly. [Dela Cruz v. Dela Cruz,
A converso. Lat. Conversely. GR L-19565, Jan. 30, 1968].
A fortiori. Lat. More effective; with greater Abandoned. 1. Having been deserted or cast
reason. off. 2. Remaining empty or unused; having
been left for good.
A gratis argumentis. Lat. For the sake of
argument. Abandoned child. 1. A child who has no
proper parental care or guardianship, or
A mensa et thoro. Lat. From bed and board. whose parent(s) have deserted him/her for a
A quo. Lat. From which. A court a quo is a period of at least 3 continuous months,
court from which a cause has been re- which includes a founding. [Sec. 2, RA
moved. 9523]. 2. A child who has no proper parental
care or guardianship or whose parent(s) has
A sensu contrario. Lat. In a contrary sense. deserted him/her for a period of at least 6
See also A contrario sensu. continuous months and has been judicially
A vinculo matrimonii. Lat. Of marriage. 1. declared as such. [Sec. 3, RA 8552; Art.
The term is now used to refer to a final and 141, PD 603]. Compare with Dependent
permanent divorce. 2. The Civ. Code of the child and Neglected child.
Phils., now in force, does not admit absolute Abandoned children. Health Ins. Children
divorce, quo ad vinculo matrimonii; and in who have no known family willing and capa-
fact it does not even use that term, to further ble to take care of them and are under the
emphasize its restrictive policy on the mat- care of the DSWD, orphanages, churches
ter, in contrast to the preceding legislation and other institutions. [Sec. 3, RA 10606].
[Act 2710] that admitted absolute divorce on
grounds of adultery of the wife or concubi- Abandoned or Idle land. 1. Any agricultural
nage of the husband. [Tenchavez v. Esca- land not cultivated, tilled or developed to
ño, GR L-19671. Nov. 29, 1965]. produce any crop nor devoted to any specif-
ic economic purpose continuously for a pe-
Ab. Lat. Away from. riod of 3 years immediately prior to the re-
Ab inconvenienti. Lat. From an inconvenient ceipt of notice of acquisition by the govt. as
thing. provided under the Comprehensive Agrarian
Reform Law of 1988 [RA 6657], but does
Ab initio. Lat. 1. From the start [or beginning]. not include land that has become perma-
A term that means ―from the beginning,‖ ―at nently or regularly devoted to non-
first.‖ or ―from the inception.‖ [Camid v. Of- agricultural purposes. [Sec. 3, RA 6657]. 2.
fice of the Pres., GR 161414. Jan. 17, Lands devoted to any crop at least one year
2005]. For example, a marriage that is void prior to the notice of expropriation, but which
ab initio is void from the beginning. were not utilized by the owner for his benefit
Ab intestato. Lat. By intestacy. The term re- for the past 5 years prior to such notice of
fers to laws governing the succession of expropriation. [Sec. 166, RA 3844].
Alvin T. Claridades’ Legal & Jurisprudential Lexicon

2
Abandonee. A party to whom a right or prop- Abandonment of domicile and acquisition
erty is abandoned or relinquished by anoth- of a new one called domicile of choice.
er. Requisites: (a) Residence or bodily pres-
ence in the new locality, (b) intention to re-
Abandoning a minor. Crim. Law. The felony
main there or animus manendi, and (c) an
committed by anyone who shall abandon a
intention to abandon the old domicile or an-
child under 7 years of age, the custody of
imus non revertendi. [Romualdez v. RTC
which is incumbent upon him. [Art. 276,
Tacloban City, GR 104960. Sep. 14, 1993].
RPC].
Abandonment of land dedicated to public
Abandonment. Labor. An employer defense
use. Elements: (a) Intention to relinquish the
against the change of illegal or constructive
right or property, but without intending to
dismissal. To exist, however, it is essential
transfer title to any particular person; and (b)
that (a) the employee must have failed to
the external act which such intention is car-
report for work or must have been absent
ried into effect. [Defensor-Santiago v. Ra-
without justifiable reason; (b) there must
mos, PET 001. Feb. 13, 1996].
have been a clear intention to sever the em-
ployer-employee relationship manifested by Abandonment of minor by person entrust-
some over acts. [Philamgen v. Gramaje, GR ed with his custody; indifference of par-
156963. Nov. 11, 2004]. ents. Crim. Law. The felony committed by
anyone who, having charge of the rearing or
Abandonment. Labor. Elements: (a) The fail-
education of a minor, shall deliver said mi-
ure to report for work or absence without
nor to a public institution or other persons,
valid or justifiable reason, and (b) a clear in-
without the consent of the one who entrust-
tention to sever the employer-employee re-
ed such child to his care or in the absence
lationship, with the 2nd element as the more
of the latter, without the consent of the
determinative factor and being manifested
proper authorities, or by the parents who
by some overt acts. [De Ysasi III v. NLRC,
shall neglect their children by not giving
GR 104599. Mar. 11, 1994].
them the education which their station in life
Abandonment. Mar. Ins. The act of the in- require and financial conditions permit. [Art.
sured by which, after a constructive total 277, RPC].
loss, he declares the relinquishment to the
Abandonment of office or position. 1. Crim.
insurer of his interest in the thing insured.
Law. The felony committed by any public of-
[Sec. 138, IC].
ficer who, before the acceptance of his res-
Abandonment. Mar. Ins. Requisites for validi- ignation, shall abandon his office to the det-
ty: (a) There must be an actual relinquish- riment of the public service. [Art. 238, RPC].
ment by the person insured of his interest in 2. Admin. Law. The voluntary relinquishment
the thing insured. [Sec. 138, IC]; (b) There of an office by the holder, with the intention
must be a constructive total loss. [Sec. 139, of terminating his possession and control
IC]; (c) The abandonment must neither be thereof. [Sang. Bayan of San Andres,
partial nor conditional. [Sec. 140, IC]; (d) It Catanduanes v. CA, GR 118883. Jan. 16,
must be made within a reasonable time after 1998]. 3. A species of resignation; while res-
receipt of reliable information of the loss. ignation in general is a formal relinquish-
[Sec. 141, IC]; (e) It must be factual. [Sec. ment, abandonment is a voluntary relin-
142, IC]; (f) It must be made by giving notice quishment through nonuser. [Ibid.].
thereof to the insurer which may be done
Abandonment of person in danger and
orally or in writing. [Sec. 143, IC]; and (g)
abandonment of one's own victim. Crim.
The notice of abandonment must be explicit
Law. The felony committed by any one who
and must specify the particular cause of
shall fail to render assistance to any person
abandonment. [Sec. 144, IC].
whom he shall find in an uninhabited place

3
wounded or in danger of dying, when he can Abate. To do away with a problem, such as a
render such assistance without detriment to public or private nuisance or some structure
himself, unless such omission shall consti- built contrary to public policy.
tute a more serious offense; or by anyone
Abatement. 1. A reduction in some amount
who shall fail to help or render assistance to
that is owed, usu. granted by the person to
another whom he has accidentally wounded
whom the debt is owed. 2. Any act that
or injured; or by anyone who, having found
would remove or neutralize a fire hazard.
an abandoned child under 7 years of age,
[Sec. 3, RA 9514].
shall fail to deliver said child to the authori-
ties or to his family, or shall fail to take him Abatement of a fire hazard. Any act that
to a safe place. [Art. 275, RPC]. would remove or neutralize a fire hazard.
[Sec. 3, PD 1185].
Abandonment of the thing. It consists of the
voluntary renunciation of all the rights which Abatement of a nuisance. The removal or
a person may have in a thing, with the intent termination or destruction of something that
to lose such thing. By virtue of the aban- has been found to be a nuisance.
donment, the thing is left without owner or
possessor. To be effective, it is necessary Abatement of action. A suit which has been
quashed and ended.
that it be made by a possessor in the con-
cept of owner. [Tolentino, Civ. Code of the Abattoir or Slaughterhouse. Premises that
Phils., Vol. II, Repr. 2001, p. 304]. are approved and registered by the control-
Abandonment of the wife. To constitute ling authority in which food animals are
abandonment of the wife by the husband, as slaughtered and dressed for human con-
sumption. [Sec. 4, RA 9296].
the term is used in Art. 178 of the Civ. Code,
there must be absolute cessation of marital ABC. See Approved budget for the con-
relations and duties and rights, with the in- tract.
tention of perpetual separation. The aban-
donment must not only be physical es- Abduct. To carry off by force; kidnap.
trangement but also amount to financial and Abduction. Crim. Law. 1. The taking away of
moral desertion. [Dela Cruz v. Dela Cruz, a woman from her house or the place where
GR L-19565. Jan. 30, 1968]. she may be for the purpose of carrying her
Abandonment of work. Labor. Essential re- to another place with intent to marry or to
quirements: (a) Failure to report for work or corrupt her. [People v. Crisostomo, GR L-
absence without valid or justifiable reason; 19034 Feb. 17, 1923]. 2. Taking someone
and (b) clear intention to sever the employ- away from a place without that person's
er-employee relationship x x x manifested consent or by fraud. See also Kidnapping.
by some overt acts. [Henlin Panay Co. v. Abduction. Kinds: 1. Forcible abduction; [Art.
NLRC, GR 180718, Oct. 23, 2009]. 342, RPC]; and 2. Consented abduction.
Abandonment of work. Labor. The deliber- [Art 343, RPC].
ate, unjustified refusal of the employee to Aberratio ictus. Lat. Accidental harm to a
resume his employment. The burden of person. Crim. Law. 1. Mistake in the identity
proof is on the employer to show a clear and of the victim. [People v. Pinto, GR 39519.
deliberate intent on the part of the employee Nov. 21, 1991]. 2. Miscarriage of the blow.
to discontinue employment without any in- [People v. Atillano, GR 109131-33. Oct. 3,
tention of returning. Mere absence is not 1994]. 3. Mistake in the blow, characterized
sufficient. [FRF Enterprise v. NLRC, GR by aiming at one but hitting the other due to
105998. Apr. 21, 1995]. imprecision in the blow. [People v. Sabalo-
nes, GR 123485, Aug. 31, 1998]. Compare

4
with Error in personae or Error en la per- her consent for the purpose of concealing
sona. her dishonor. [Under Art. 258, RPC].
Abet. The act of encouraging or inciting an- Abortion practiced by a physician or mid-
other to do a certain thing, such as a crime. wife and dispensing of abortives. Crim.
Law. The felony committed by any physician
Ability to read intelligently. The capacity to
or midwife who, taking advantage of their
know or apprehend; to discover or under-
scientific knowledge or skill, shall cause an
stand by characters, marks, features, etc.; to
abortion or assist in causing the same, or by
gather the meaning.
any pharmacist who, without the proper pre-
ABM. See Agency Budget Matrix. scription from a physician, shall dispense
any abortive. [Art. 259, RPC].
Abnegate. To renounce or reject something
desired or valuable. Abortion practiced by the woman herself or
by her parents. Crim. Law. The felony
Abnegation. Denial, a renunciation, self- committed by a woman who shall practice
denial. [People v. Bacalso, 3159-R, 30 Sep.
abortion upon herself or shall consent that
1950]. any other person should do so, or by the
Abogado. Sp. Lawyer or attorney- at-law. That parents of the pregnant woman or either of
class of persons who are by license officers them, and they act with the consent of said
of the courts, empowered to appear, prose- woman for the purpose of concealing her
cute and defend, and upon whom peculiar dishonor. [Art. 258, RPC].
duties, responsibilities and liabilities are de- Abortionist. A person who criminally produces
veloped by law as a consequence. [Cui v. abortions, or one who follows the business
Cui, GR L-18727. Aug. 31, 1964].
or practices the crime of producing abortion.
Abolition of a position. It does not involve or Abot-Kaya. Tag. Affordable. Within reach.
mean removal for the reason that removal
implies that the post subsists and that one is Abot-Kaya Pabahay Fund (AKPF). A Fund
merely separated therefrom. [Arao v. Luspo, created by virtue of RA 6846 under the trus-
GR L-23982. July 21, 1967]. teeship of the Natl. Home Mortgage Finance
Corp. (NHMFC) which was later amended
Abortifacient. Any drug or device that induces by RA 7835 to implement a continuing pro-
abortion or the destruction of a fetus inside gram of social housing and enhance govt.'s
the mother‘s womb or the prevention of the
efforts to make low-cost housing affordable
fertilized ovum to reach and be implanted in to low income families. It has 2 components:
the mother‘s womb upon determination of (a) amortization support whereby funds are
the FDA. [Sec. 4, RA 10354].
made available for low income families to
Abortion. The knowing destruction of the life assist them in paying their housing loans;
of an unborn child or the intentional expul- and (b) development financing where fund
sion or removal of an unborn child from the are utilized to support private developers,
womb other than for the principal purpose of NGOs and landowners in providing afforda-
producing a live birth or removing a dead fe- ble housing packages to low-income fami-
tus. lies.
Abortion. Elements: (a) That there is a preg- About. Near in time, quantity, number, quality
nant woman who has suffered an abortion; or degree. Substantially, approximately, al-
(b) that the abortion is intended; and (c) that most, or nearly.
the abortion is caused by (c.1) the pregnant
Abrasion. A scraping or rubbing off.
woman herself; (c.2) any other person, with
her consent; or (c.3) any of her parents, with

5
Abreaction. Relieving of suppressed emotion Absentee. A person whose whereabouts and
as by talking about it. [People v. Valdemoro, existence are not known in the sense of the
16159-CR, 30 July 1979]. law allowing a subsequent marriage and for
purposes of administration of the estate of
Absence. The legal status of a person who
the absentee and of succession. [Bench
has absented himself from his domicile and
Book for Trial Court Judges, p. 3-4].
whose whereabouts and fate are unknown,
it not being known with certainty whether he Absentee voters, National registry of. The
is still living or not. [Jurado, Civ. Law Re- consolidated list prepared, approved and
viewer, 19th Ed. (1999), p. 260]. See Provi- maintained by the Comelec, of overseas ab-
sional absence and Declared absence. sentee voters whose applications for regis-
tration as absentee voters, incl. those regis-
Absence of inconsistency test. Evid. A test
tered voters who have applied to be certified
[in determining whether or not there is iden-
as absentee voters, have been approved by
tity of causes of action as to warrant the ap-
the Election Registration Board. [Sec. 3, RA
plication of the principle of res judicata]
9189].
where it is determined whether the judgment
sought will be inconsistent with the prior Absentee voting. The process by which quali-
judgment. [Torres v. Medina, GR 166730, fied citizens of the Phils.s abroad exercise
Mar. 10, 2010]. If no inconsistency is shown, their right to vote. [Sec. 3, RA 9189].
the prior judgment shall not constitute a bar
Absenteeism. The practice of regularly stay-
to subsequent actions. [Agustin v. Delos
ing away from work or school without good
Santos, GR 168139, Jan. 20, 2009]. Com-
reason.
pare with Same evidence test.
Absoluta sententia expositore non indiget.
Absence of jurisdiction. See Without juris-
Lat. 1. When the language of the law is
diction.
clear, no explanation of it is required. 2. To
Absent. Missing; lacking; wanting. the plain words of a legal provision we
should make no further explanation. [Gan v.
Absent spouse. 1. A spouse who has been
Reyes, GR 145527 May 28, 2002].
missing for at least 4 years, it being un-
known whether or not he or she is still alive, Absolute. Complete and unconditional; final.
and the present spouse having a well-
Absolute community of property. A system
founded belief that the missing spouse is al-
of property relation that treats properties ac-
ready dead. This is a defense against pros-
quired by the spouses during their marriage
ecution for a bigamous marriage. [Art. 41,
as jointly-owned. It consists of all the proper-
FC]. 2. The prior spouse who had been ab-
ties owned by the spouses at the time of the
sent for 4 consecutive years and whom the
celebration of the marriage or acquired
spouse present reasonably believed to be
thereafter unless the property involved is
already dead. In case of disappearance
expressly excluded by an existing marriage
where there is danger of death under the
settlement or by the provisions of the law. It
circumstances set forth in the provisions of
is the default property regime of the spouses
Arts. 391 of the Civ. Code, an absence of
In the absence of a marriage settlement or if
only 2 years shall be sufficient. [Navarro v.
one is considered void.
Domagtoy, AM MTJ-96-1088. July 19,
1996]. Absolute community regime. [A regime en-
tered into by a couple where] the husband
Absent Without Leave. Absent from one's
and the wife becomes joint owners of all the
post but without intent to desert. See
properties of the marriage. Whatever prop-
AWOL.
erty each spouse brings into the marriage,
and those acquired during the marriage [ex-

6
cept those excluded under Art. 92 of the Absolute privilege doctrine. Doctrine that
Fam. Code] form the common mass of the protects communications made by individu-
couple's properties. And when the couple's als participating in a public function, such as
marriage or community is dissolved, that executive, legislative, judicial or quasi-
common mass is divided bet. the spouses, judicial proceedings.
or their respective heirs, equally or in the
Absolute simulation of a contract. 1. It takes
proportion the parties have established, irre-
place when the parties do not intend to be
spective of the value each one may have
bound at all. [Art. 1345, CC]. 2. An absolute-
originally owned. [Quiao v. Quiao, GR
ly simulated or fictitious contract is void. [Art.
176556, July 4, 2012]. Compare with Con-
1346, CC].
jugal Partnership of Gains Regime.
Absolute sovereign immunity. The rule that
Absolute community, System of. The abso-
a foreign state is immune from all types of
lute community of property bet. spouses
suits.
shall commence at the precise moment that
the marriage is celebrated and shall consist Absolute title. A non-contestable title to a
of all the property owned by the spouses at thing. Also known as Title in fee simple.
the time of the celebration of the marriage or
Absolutely privileged communication. One
acquired thereafter. [Arts. 88 and 91, FC].
in respect of which, by reason of the occa-
Absolute defense. A factual circumstance or sion on which, or the matter in reference to
argument that, if proven, will end the litiga- which, it is made, no remedy can be had in
tion in favor of the defendant. See Com- a civil action, however hard it may bear up-
plete defense. on a person who claims to be injured there-
by, and even though, it may have been
Absolute indorsement. Nego. Inst. One by
made maliciously. [Sison v. David, GR L-
which the indorser binds himself to pay upon
11268. Jan. 28, 1961]. Compare with Con-
no other condition than the failure of prior
ditionally or Qualifiedly privileged com-
parties to do so and upon due notice to him
munication.
of such failure.
Absolutely privileged statements. State-
Absolute pardon. A pardon that reaches both
ments made in the course of judicial pro-
the punishment prescribed for the offense
ceedings [that are] privileged regardless of
and the guilt of the offender. When the par-
[their] defamatory tenor and of the presence
don is full, it releases the punishment and
of malice — if the same are relevant, perti-
blots out of existence the guilt, so that in the
nent, or material to the cause in hand or
eye of the law the offender is an innocent as
subject of inquiry. [Tolentino v. Baylosis, GR
if he had never committed the offense. If
L-15742 Jan. 31, 1961].
granted after conviction, it removes the pen-
alties and disabilities, and restores him to all Absorb. It is synonymous with the words "as-
his civil rights; it makes him, as it were, a similate" or "incorporate" and which, in busi-
new man, and gives him a new credit and ness parlance, means "to take over." [Razon
capacity. [In re: Lontok, Apr. 7, 1922]. Com- v. Sec. of Labor, GR 85867. May 13, 1993].
pare with Conditional pardon.
Absorbed company. The constituent compa-
Absolute poverty. The condition of the ny whose corporate existence is dissolved
household below the food threshold level. as a result of the merger or consolidation.
[Sec. 3, RA 8425]. [Tiopianco, Commentaries & Jurisp. on the
Ins. Code of the Phil., 1999 Ed., p. 207].
Absolute privilege. An absolute defense to an
otherwise defamatory statement bec. of the Absorbing or Acquiring company. The sur-
venue or context in which the statement was viving company, in case of merger, or the
made. newly formed company, in case of consoli-

7
dation. [Tiopianco, Commentaries & Jurisp. Abuse of confidence or Obvious ungrate-
on the Ins. Code of the Phil., 1999 Ed., p. fulness. Crim. Law. An aggravating circum-
207]. stance under Art. 14 (4) of Rev. Penal Code
which can be appreciated only if the follow-
Absorption of common crimes doctrine.
ing requisites are present: (a) The offended
Also called Hernandez doctrine. The rule
party had trusted the offender; (b) the of-
enunciated in People v. Hernandez [99 Phil.
fender abused such trust; and (c) such
Rep 515 (1956)] that the ingredients of a
abuse facilitated the commission of the
crime form part and parcel thereof, and
crime. [People v. Luchico, GR L-26170 Dec.
hence, are absorbed by the same and can-
6, 1926]. See also Unfaithfulness.
not be punished either separately therefrom
or by the application of Art. 48 of the Rev. Abuse of judicial discretion. A discretion by
Penal Code. [Enrile v. Amin, GR 93335, a judge to an end or purpose not justified by
Sep. 13, 1990]. It held that the crime of re- and clearly against reason and evidence.
bellion under the Rev. Penal Code of the
Abuse of right. A person may be liable for
Phils. is charged as a single offense, and
harm caused by doing something which
that it cannot be made into a complex crime.
one, nevertheless, has a right to do, if the
Absorption system. [The system of penalty right was: (a) principally intended to cause
where] the lesser penalties are absorbed by harm; (b) or was used without a legitimate,
the graver penalties. [This is] observed in interest justifying judicial protection; (c) or
the imposition of complex crimes (Art. 48, was used in bad faith; (d) or was contrary to
RPC), continuing crimes, and specific basic rules of morality or fairness.
crimes like robbery with homicide, etc.
Abuse of right principle. Requisites: (a) The
Compare with Material accumulation sys-
defendant should have acted in a manner
tem and Judicial accumulation system.
that is contrary to morals, good customs or
Abstract. Intel Prop. A concise summary of public policy; (b) the acts should be willful;
the disclosure of the invention as contained and (c) there was damage or injury to the
in the description, claims and merely serves plaintiff. [Custodio v. CA, GR 116100. Feb.
as technical information. 9, 1996].
Abstract of title A chronological summary of Abuse of superior strength. Crim. Law. 1. It
all official records and recorded documents contemplates a situation of strength notori-
affecting the title to a parcel of real property. ously selected or taken advantage of by an
aggressor in the commission of the crime.
Abuelos maternos. Sp. Maternal grandpar-
[People v. Escoto, GR 91756, May 11,
ents. [Velasquez v. Velasquez, 54709-R, 13
1995]. 2. [This] is present whenever there is
Oct. 1977). See also Abuelos paternos.
a notorious inequality of forces bet. the vic-
Abuelos paternos. Sp. Paternal grandpar- tim and the aggressor/s that is plainly and
ents. [Velasquez v. Velasquez, 54709-R, 13 obviously advantageous to the aggressor/s
Oct. 1977]. See Abuelos maternos. and purposely selected or taken advantage
of to facilitate the commission of the crime.
Abus de droit. Fr. Abuse of right. A civil law [People v. Daquipil, GR 86305-06, Jan. 20,
principle of abuse of right due to a flagrant 1995].
act of a creditor or the possessor of a thing.
Abuse of superiority. Crim. Law. 1. The ex-
Abuse. To make excessive or improper use of cess of the aggressor‘s natural strength over
a thing, or to employ it in a manner contrary
that of the victim, considering the position of
to the natural or legal rules for its use. To both and the employment of means to
make an extravagant or excessive use, as weaken the defense, although not annulling
to abuse one's authority. [Salalima v.
it. The aggressor must have taken ad-
Guingona, GR 117589-92. May 22, 1996].

8
vantage of his natural strength to insure the Accelerated judgment. A procedural tech-
commission of the crime. [People v. nique to promptly dispose of cases where
Salcedo, GR 178272. Mar. 14, 2011]. 2. The the facts appear undisputed and certain
taking advantage by the culprits of their col- from the pleadings, depositions, admissions
lective strength to overpower their relatively and affidavits on record, or for weeding out
weaker victim or victims. [People v. Apdu- sham claims or defenses at an early stage
han, Jr., GR L-19491, Aug. 30, 1968]. of the litigation to avoid the expense and
loss of time involved in a trial. Its object is to
Abuses against chastity. Crim. Law. The
separate what is formal or pretended in de-
felony committed by: (a) any public officer
nial or averment from what is genuine and
who shall solicit or make immoral or inde-
substantial so that only the latter may sub-
cent advances to a woman interested in
ject a party in interest to the burden of trial.
matters pending before such officer for deci-
[Agbada v. Inter-Urban Developers, Inc., GR
sion, or with respect to which he is required
144029, 19 Sep. 2002]. See Summary
to submit a report to or consult with a supe-
judgment.
rior officer; or (b) any warden or other public
officer directly charged with the care and Accelerated training. Basic skills training of a
custody of prisoners or persons under arrest short-term nature for jobs with a defined
who shall solicit or make immoral or inde- level of qualifications. This usu. refers to a
cent advances to a woman under his custo- rapid paced, condensed vocational training
dy. [Art. 245, RPC]. to fill immediate manpower needs. [Sec. 1,
Rule 1, Book 2, IRR of LC].
Abuso de confianza. Sp. Abuse of confi-
dence. [US v. Chu Chang, GR L-2307 Apr. Acceleration clause. 1. A clause which ren-
9, 1906]. See also Abuso deshonestos. ders the whole debt due and demandable
upon the failure of the obligor to comply with
Abuso deshonesto. Sp. 1. Act of lascivious-
certain conditions. 2. A clause in a contract
ness. [People v. Aguinaldo, 34 OG 1898]. 2.
that states that if a payment is missed, or
Indecent assault; criminal sexual contact.
some other default occurs [such as the
Abusos deshonestos. Sp. Abuse of chastity. debtor becoming insolvent], then the con-
[US v. Mendez, GR L-6483. Mar. 11, 1911]. tract is fully due immediately. This is a typi-
cal clause in a loan contract; miss one pay-
Academic failure. An academic subject in
ment and the agreement to pay at regular
which the student has failed. intervals is voided and the entire amount
Academic freedom. The right of the school or becomes due and payable immediately.
college to decide for itself, its aims and ob-
Acceptance. Civ. Law. 1. The manifestation
jectives, and how best to attain them - the by the offeree of his assent to the terms of
grant being given to institutions of higher the offer which must in other words meet or
learning - free from outside coercion or inter- be identical at all points of the offer. [Diaz,
ference save possibly when the overriding Bus. Law Rev., 1991 Ed., p. 65]. 2. The tak-
public welfare calls for some restraint. [Tan-
ing and receiving of anything in good faith
gonan v. Paño, GR L-45157 June 27, 1985]. with the intention of retaining it.
Academic non-teaching personnel. Those Acceptance. 1. Nego. Inst. An acceptance
persons holding some academic qualifica- completed by delivery or notification. [Sec.
tions and performing academic functions di- 191, NIL]. 2. Succ. The act by virtue of
rectly supportive of teaching, such as regis-
which an heir, legatee or devisee manifests
trars, librarians, research assistants, re- his desire in accordance with the formalities
search aides, and similar staff. [Sec. 6, BP prescribed by law to succeed to the inher-
232].
itance, legacy or devise. 3. It may be an ex-
press acceptance made in a public or pri-

9
vate document, or a tacit acceptance result- (b.1) the drawee to whom the bill is deliv-
ing from acts by which the intention to ac- ered for acceptance destroys it; or (b.2) the
cept is necessarily implied, or which one drawee refuses, within 24 hours after such
would have no right to do except in the ca- delivery, or within such time as is given him,
pacity of an heir. [Art. 1049, CC]. Compare to return the bill accepted or non-accepted;
with Repudiation. (c) Extrinsic acceptance written on a paper
other than the bill itself. To be binding upon
Acceptance for honor. Nego. Inst. An under-
the acceptor: (c.1) acceptance must be
taking by a stranger to a bill after protest for
shown to the person to whom the instrument
the benefit of any party liable thereon or for
is negotiated; and (c.2) such person must
the honor of the person whose account the
take the bill for value on the faith of such ac-
bill is drawn which acceptance inures also to
ceptance [Sec. 134, NIL); (d) Virtual ac-
the benefit of all parties subsequent to the
ceptance or one subject to conditions such
person for whose honor it is accepted, and
as: (d.1) unconditional promise in writing to
conditioned to pay the bill when it becomes
accept a bill; (d.2) promise made before it is
due if the orig. drawee does not pay it.
drawn; or (d.3) any person who, upon faith
Acceptance of a bill. Nego. Inst. The signifi- thereof, received the bill for value. [Sec.
cation by the drawee of his assent to the or- 135, NIL].
der of the drawer; this may be done in writ-
Acceptance of a bill. Nego. Inst. Conditions:
ing by the drawee in the bill itself, or in a
The acceptance of a bill must (a) be in writ-
separate instrument. [Sec. 132, NIL; Pru-
ing, except constructive acceptance and to a
dential Bank v. IAC, GR 74886. Dec. 8,
foreign bill payable in another state (unless
1992].
the other state requires for written ac-
Acceptance of a bill. Nego. Inst. Effect: Upon ceptance); (b) be signed by the drawee
acceptance, the bill, in effect becomes a [without it, he is not liable]; (c) express a
note. The drawee who thereby becomes an promise to pay money (not goods); 4. be de-
acceptor assumes the liability of the maker livered to the holder (before delivery or noti-
(which is primary liability) and the drawer, fication, acceptor may revoke or cancel his
that of the 1st indorser. acceptance
Acceptance of a bill. Nego. Inst. Kinds: (a) Accepted unilateral promise. An offer which
General acceptance or one that assents specifies the thing to be sold and the price
without qualification to the order of the to be paid and, when coupled with a valua-
drawer [Sec. 139, NIL; A holder may refuse ble consideration distinct and separate from
to accept a qualified acceptance and if he the price, is what may properly be termed a
does not obtain an unqualified acceptance, perfected contract of option. This contract is
he may treat the bill as dishonored by non- legally binding, and in sales, it conforms with
acceptance]: (a.1) Qualified acceptance the 2nd par. of Art. 1479 of the Civ. Code.
which in express terms varies the effect of [Equatorial Realty v. Mayfair Theater, GR
the bill as drawn [Sec. 139, NIL]; (a.2) Con- 106063. Nov. 21, 1996].
ditional acceptance which makes payment
Access. 1. The instruction, communication
by the acceptor dependent on the fulfillment
with, storing data in, retrieving data from, or
of a condition therein stated; (a.3) Partial
otherwise making use of any resources of a
acceptance to pay part only of the amount
computer system or communication net-
for which the bill is drawn; (a.4) Local ac-
work. [Sec. 3, RA 10175]. 2. A means of ap-
ceptance to pay only at a particular place;
proaching or entering a place. 3. Carnal ac-
(a.5) Qualified acceptance as to time; or (f)
cess; carnal knowledge; sexual intercourse.
The acceptance of some one or more of the
drawees but not of all. [Sec. 141, NIL]; (b) Access device. Any card, plate, code, ac-
Constructive or implied acceptance where: count number, electronic serial number,

10
personal identification number, or other tele- Accession continua. The acquisition of own-
communications service, equipment, or in- ership over a thing incorporated to that
strumental identifier, or other means of ac- which belongs to the owner. [Tolentino, Civ.
count access that can be used to obtain Code of the Phils., Vol. II, Repr. 2001, p.
money, good, services, or any other thing of 98].
value or to initiate a transfer of funds [other
Accession discreta. The extension of the
than a transfer originated solely by paper in-
right of ownership to the products of a thing.
strument]. [Sec. 3, RA 8484].
[Tolentino, Civ. Code of the Phils., Vol. II,
Access device fraudulently applied for. Any Repr. 2001, p. 98].
access device that was applied for or issued
Accessions. Fruits of a thing or additions or
on account of the use of falsified document,
improvements upon a thing, or the right per-
false information, fictitious identities and ad-
taining to the owner of a thing over its prod-
dresses, or any form of false pretense or
ucts and whatever is incorporated thereto,
misrepresentation. [Sec. 3, RA 8484].
either naturally or artificially. [Diaz, Bus. Law
Access Devices Regulation Act of 1998. RA Rev., 1991 Ed., p. 5].
8484 entitled ―An Act regulating the issu-
Accessories. 1. Prop. Things joined to the
ance and use of access devices, prohibiting
principal thing for the latter‘s embellishment
fraudulent acts committed relative thereto,
or to make the latter more perfect. 2. Parts
providing penalties and for other purposes‖
of a firearm which may enhance or increase
enacted on Feb. 11, 1998.
the operational efficiency or accuracy of a
Accessible. 1. Able to be reached or entered. firearm but will not constitute any of the ma-
2. Able to be easily obtained or used. jor or minor internal parts thereof such as,
hut not limited to, laser scope, telescopic
Accessible polling place. The venue where
sight and sound suppressor or silencer.
the Board of Election Inspectors [BEIs] con-
[Sec. 3, RA 10591].
ducts election-related proceedings and
where the voters cast their votes. The ac- Accessorium sequitur principale. Lat. Ac-
cessible polling place shall he located at the cessory follows the principal. [Morando v.
ground floor, preferably near the entrance of Rovia, 2 A.C.R. 815].
the building, and is free of any physical bar-
Accessory. Crim. Law. 1. A person who, hav-
riers and provided with necessary services,
ing knowledge of the commission of the
incl. assistive devices. [Sec. 2, RA 10366].
crime, and without having participated there-
Accessing entity. Any submitting entity or any in, either as a principal or an accomplice,
other entity authorized by the Credit Infor- takes part subsequent to its commission by
mation Corp. to access basic credit data concealing or destroying the body of the
from the Corp. [Sec. 3, RA 9510]. crime, or the effects or instruments thereof
in order to prevent its discovery. [Art. 19,
Accessio cedit principali. Lat. The accessory
RPC]. 2. A person who assists in the com-
follows the principal.
mission of a crime, either before or after the
Accession. 1. Intl. Law. The process whereby fact.
a non-signatory State later becomes a party
Accessory obligation. That attached to a
to a treaty. [Suarez, Pol. Law Reviewer, 1st
principal obligation in order to complete the
Ed., 2002, pp. 1061-1062]. 2. Prop. The
same or take its place in the case of breach.
right to all which one‘s own property pro-
[SSS v. Moonwalk Dev‘t. & Housing Corp.,
duces, and the right to that which is united
GR 73345, Apr. 7, 1993].
to it by accession, either naturally or artifi-
cially.

11
Accessory penalties. Crim. Law. Those which is unexpected, unusual and unfore-
deemed included in the imposition of the seen. [De La Cruz v. Capital Ins., GR L-
principal penalty. 21574. June 30, 1966].
Accident. 1. [A] fortuitous circumstance, Accidental spills. Spills of oil or other hazard-
event, or happening, an event happening ous substances in water that result from ac-
without any human agency, or if happening cidents involving the carriers of such sub-
wholly or partly through human agency, an stance such as collisions and grounding.
event which under the circumstances is un- [Sec. 62, PD 1152].
usual and unexpected by the person to
Accidents in maritime commerce. 1. Aver-
whom it happens x x x. The word may be
ages; 2. Arrival under stress; 3. Collision;
employed as denoting a calamity, casualty,
and 4. Shipwreck.
catastrophe, disaster, an undesirable or un-
fortunate happening; any unexpected per- Acción de reivindicacion. An action whereby
sonal injury resulting from any unlooked for plaintiff alleges ownership over a parcel of
mishap or occurrence; any unpleasant or land and seeks recovery of its full posses-
unfortunate occurrence, that causes injury, sion. It is different from accion interdictal or
loss, suffering or death; some untoward oc- accion publiciana where plaintiff merely al-
currence aside from the usual course of leges proof of a better right to possess with-
events. [NFD Intl. Manning Agents, Inc. v. out claim of title. See Acción reivindicato-
Illescas, GR 183054, Sep. 29, 2010]. 2. An ria.
event that takes place without one's fore-
sight or expectation, an event that proceeds Acción directa. Direct action [not a subrogato-
ry one] by the creditor against the debtor‘s
from an unknown cause, or is an unusual ef-
fect of a known case, and therefore not ex- debtor. [Arts. 1652, 1729, 1893, 1608, CC;
pected. An accident is an event which hap- Syyap v. Asian Surety & Ins. Co., 19 C.A.R.
(2s) 998].
pens without any human agency or, if hap-
pening through human agency, an event Acción hipotecaria. Real action to foreclose a
which, under the circumstances, is unusual lien or mortgage. [Sunico v. Ramirez, GR L-
to and not expected by the person to whom 5009 Nov. 26, 1909].
it happens. It has also been defined as an
injury which happens by reason of some vio- Acción in rem verso. Action for recovery of
lence or casualty to the insured without his what has been paid without just cause.
design, consent, or voluntary cooperation. [Frenzel v. Catito, GR 143958. July 11,
[Sun Ins. v. CA, GR 92383. July 17, 1992]. 2003].
Accident. Elements: (a) Performance of a Acción in rem verso. Essential elements to

lawful act; (b) with due care; (c) producing prosper: (a) that the defendant has been en-
an injury by mere accident; and (d) without riched, (b) that the plaintiff has suffered a
any fault or intention of causing it. [People v. loss, (c) that the enrichment of the defend-
Utrela, GR L-38172. July 15, 1981]. ant is without just or legal ground, and (d)
that the plaintiff has no other action based
Accident or Casualty insurance. Insurance on contract, quasi-contract, crime or quasi-
covering loss or liability arising from acci- delict. [Shinryo (Phils.) Co., Inc. v. RRN Inc.,
dent or mishap, excl. certain types of loss GR 172525, Oct. 20, 2010].
which by law or custom are considered as
falling exclusively within the scope of other Acción in rem verso. Requisites: (a) One
types of insurance such as fire or marine. party must be enriched and the other made
[Sec. 174, IC]. poorer; (b) there must be a casual relation
bet. the 2; (c) the enrichment must not be
Accidental. That which happens by chance or justifiable; (d) there must be no other way to
fortuitously, without intention and design and recover; and (e) the indemnity cannot ex-

12
ceed the loss or enrichment, whichever is Acción quanti minoris or estimatoria. An
less. [Under Art. 22, CC]. action to demand a proportionate reduction
of the price, with damages. [Art. 1567, CC].
Acción indirecta. Indirect action. Also refer to
Action subrogatoria and Accion directa. Acción reinvindicatoria. Also Acción de
reinvindicacion. 1. An action to recover
Acción interdictal. Action to recover physical
ownership, incl. the recovery of possession,
possession of property, which could be
which should be filed in the RTC. [Jalbuena
brought within one year, in a summary pro-
De Leon v. CA, GR 96107. June 19, 1995].
ceeding, for forcible entry or detainer.
2. Action whereby plaintiff alleges ownership
[Reyes v. Sta. Maria, GR L-33213, June 29,
over a parcel of land and seeks recovery of
1979]. See Accion publiciana.
its full possession. [GR L-48050. Oct. 10,
Acción negatoria. Right of a landowner to 1994 ].
defend the free dominion of his tenement.
Acción reivindicacion. Action to recover real
[North Sugar Co. v. Hidalgo, GR L-42334
property incl. the jus utendi [use] and jus
Oct. 31, 1936, Laurel J. Sep. Op.]. This is an
fruendi [fruits]. [Reyes v. Sta. Maria, GR L-
action in Roman law and the ancient Sp.
33213, 29 June 1979].
procedural law.
Acción reivindicatoria. A suit that has for its
Acción pauliana. Action to rescind contract
object one‘s recovery of possession over the
under Art. 1387 of the Civ. Code where one
real property as owner. [Hilario v. Salvador,
alienates property by gratuitous title but fails
GR 160384, 29 Apr. 2005].
to reserve property to pay all debts con-
tracted before the donation. [Cabanig v. Acción subrogatoria. Indirect action or sub-
Pangga, 50251-R, 15 Nov. 1977). Also Re- rogatory action. Also Subrogatory action.
scissory action. [Arts. 1177 and 1381, CC]. [Art. 1177, CC; See also Arts. 1729 and
1893, CC].
Acción plenaria de posesion. Also Acción
publiciana. 1. A plenary action for recovery Accommodate. To do a favor or service for;
of possession in an ordinary civil proceeding oblige.
in order to determine the better and legal
Accommodation. Nego. Inst. A legal ar-
right to possess, independently of title. [Be-
rangement under which a person called the
jar v. Caluag, GR 171277, Feb. 15, 2007]. 2.
accommodation party lends his name and
An ejectment suit filed after the expiration of
credit to another without any consideration.
one year from the accrual of the cause of
action or from the unlawful withholding of Accommodation guarantor. Nego. Inst. A
possession of the realty. [Lopez v. David, person who signs on the back of a note as
Jr., GR 152145, Mar. 30, 2004]. such and who is therefore only secondarily
liable.
Acción publiciana. Also Acción interdictal.
1. The plenary action to recover the right of Accommodation maker. Nego. Inst. A person
possession when dispossession was effect- primarily liable on the instrument, even
ed by means other than those mentioned in though he adds the word ―surety‖ to his sig-
Rule 70 of the Rules of Court. Under these nature or the fact that he signed for accom-
circumstances, a plenary action may be modation is known to the holder.
brought before the RTC. [Jalbuena De Leon
v. CA, GR 96107. June 19, 1995]. 2. Action Accommodation note. Nego. Inst. A note to
where plaintiff merely alleges proof of a bet- which the accommodating party has put his
name without consideration for the purpose
ter right to possess without claim of title.
[Javier v. Veridiano, GR L-48050. Oct. 10, of accommodating some other party who is
1994]. to use it and is expected to pay it. [Maulini v.
Serrano, GR 8844. Dec. 16, 1914].

13
Accommodation party. Nego. Inst. 1. A per- charged as accomplice. [People v. Jorge,
son one who has signed an instrument as GR 99379. Apr. 22, 1994].
maker, drawer, acceptor of indorser without
Accord. An official agreement or treaty. See
receiving value therefor, but is held liable on
Agreement.
the instrument to a holder for value although
the latter knew him to be only an accommo- Accordingly. 1. In a way that is appropriate to
dation party. [Sec. 29, NIL]. 2. A person lia- the particular circumstances.2. Consequent-
ble on the instrument to a holder for value, ly; therefore.
notwithstanding such holder, at the time of
Account. A record of financial transactions for
the taking of the instrument knew him to be
only an accommodation party. In lending his an asset or individual, such as at a bank,
name to the accommodated party, the ac- brokerage, credit card company, or retail
commodation party is in effect a surety for store.
the latter. He lends his name to enable the Account stated. An account rendered to a
accommodated party to obtain credit or to debtor who receives it without objection and
raise money. He receives no part of the who promises to pay it. As such, its correct-
consideration for the instrument but as- ness can no longer be impeached except for
sumes liability to the other parties thereto fraud and mistake.
bec. he wants to accommodate another.
[Phil. Bank of Commerce v. Aruego, GR L- Accountability. 1. A significant phase of the
25836-37 Jan. 31, 1981]. budget cycle bec. it ensures that the govt.
funds have been effectively and efficiently
Accommodation party. Nego. Intst. Requi- utilized to achieve the State‘s socio-
sites: To be an accommodation party, a per- economic goals. It also allows the DBM to
son must: (a) be a party to the instrument, assess the performance of agencies during
signing as maker, drawer, acceptor, or in- the fiscal year for the purpose of implement-
dorser, (b) not receive value therefor, and ing reforms and establishing new policies. 2.
(c) sign for the purpose of lending his name The measure of remedies that should be
for the credit of some other person. addressed to those who exhibited involve-
[Crisologo-Jose v. CA, GR 80599. Sep. 15, ment in the enforced disappearance without
1989]. bringing the level of their complicity to the
level of responsibility defined above; or who
Accomplice. Crim. Law. 1. A person who, not
being principal as defined in Art. 17 of the are imputed with knowledge relating to the
Rev. Penal Code, cooperates in the execu- enforced disappearance and who carry the
burden of disclosure; or those who carry, but
tion of the offense by previous or simultane-
ous acts [Art. 18, RPC]. 2. A partner in a have failed to discharge, the burden of ex-
crime; A person who knowingly and volun- traordinary diligence in the investigation of
tarily participates with another in a criminal the enforced disappearance. [Razon v. Tagi-
activity. tis, GR 182498, Dec. 3, 2009]. Compare
with Responsibility.
Accomplice. Crim. Law. Requisites to be
considered as such: (a) Community of de- Accountable. Required or expected to justify
sign, i.e., knowing that criminal design of the actions or decisions; responsible.
principal by direct participation, he concurs Accountable officer. Individual required to
with the latter in his purpose; (b) he cooper- maintain accounting, incl. records thereof, of
ates in the execution of the offense by pre- property and funds, whether public or quasi-
vious or simultaneous acts; and, (c) there public. The accountable officer may or may
must be a relation bet. the acts done by the not have physical possession of the property
principal and those attributed to the person or funds.

14
Accountancy. The profession or duties of an Accredit. 1. To acknowledge. [GSIS v. CSC,
accountant. GR 98395. Oct. 28, 1994]. 2. The power of
the NMIS to give authority to (a) any meat
Accountancy practice. It shall constitute in a
establishment engaged in the slaughtering
person, be it in his individual capacity, or as
operation, preparation, processing, manu-
a partner or staff member in an accounting
facturing, storing, or canning of meat and
or auditing firm, holding out himself as one
meat products for commerce, (b) any im-
skilled in the knowledge, science, and prac-
porter, exporter, broker, trader or meat han-
tice of accounting, and as qualified to render
dler (c) any meat vehicle or conveyance (d)
professional services as a certified public
any person firm, corp. as provider of govt.
accountant; or offering or rendering, or both,
services such as independent or 3rd party
to more than one client on a fee basis or
service providers, or independent or audit
otherwise, services such as the audit or veri-
agencies; [Sec. 4, RA 9296].
fication of financial transactions and ac-
counting records; the preparation, signing, Accreditation. The procedure by which a
or certification for clients of reports of audit, govt. agency having jurisdiction formally
balance sheets, and other financial account- recognizes the competence of an inspection
ing and related schedules, exhibits, state- and/or certification body to provide inspec-
ments, or reports which are to be used for tion and certification services. [Sec. 3, RA
publication or for credit purposes, or to be 10068].
filed with a court or govt. agency, or to be
Accredited dual training system agricultur-
used for any other purpose; the installation
al, industrial and business establish-
and revision of accounting system, the
ments. Also Agricultural, industrial and
preparation of income tax returns when re-
business establishments. A sole proprie-
lated to accounting procedures; or when he
torship, partnership, corp. or coop. which is
represents clients before govt. agencies on
duly recognized and authorized by the ap-
tax matters related to accounting or renders
propriate authority to participate in the dual
professional assistance in matters relating to
training system educational institution. [Sec.
accounting procedures and the recording
4, RA 7686].
and presentation of financial facts or data.
[Sec. 3, PD 692]. Accredited dual training system education-
al institution or training center. A public or
Accountant. A person whose job is to keep or
private institution duly recognized and au-
inspect financial accounts.
thorized by the appropriate authority, in co-
Accounting. The action or process of keeping ordination with the business and industry, to
financial accounts. participate in the dual training system. [Sec.
4, RA 7686].
Accounting period. The fiscal or calendar
year adopted by a homeowners‘ assoc. in Accredited employees' organization. A reg-
the recording and reporting of its fiscal istered org. of the rank-and-file employees
transactions. [Sec. 3, RA 9904]. recognized to negotiate for the employees in
an organizational unit headed by an officer
Accounts payable. 1. Obligations or commit-
with sufficient authority to bind the agency.
ments of natl. govt. agencies, whether cur-
[EO 180].
rent year and prior years, for which, services
have been rendered/goods have been de- Accredited Professional Organization
livered or projects have been completed and (APO). The professional org. duly accredit-
accepted. 2. Money owed by a company to ed by the concerned Professional Regulato-
its creditors. ry Board and the PRC.
Accounts receivable. Money owed to a com- Accredited rural financial institution. Any
pany by its debtors. financial institution accredited by the BSP

15
whose portfolios are substantially agri-agra These accounts include, among many oth-
related as defined by the IRR. [Sec. 3, RA ers, accounts payable, accounts receivable,
10000]. goodwill, future tax liability and future inter-
est expense.
Accretion. 1. Intl. Law. The increase in the
land area of the state, either through natural Accrue. The ability for something to accumu-
means or artificially through human labor. late over time. In finance, "accrue" is most
[Sandoval, Pol. Law Reviewer 2003]. 2. commonly used when referring to interest,
Prop. (a) A mode of acquiring property un- income and expenses of an individual or
der Art. 457 of the Civ. Code. (b) The in- business.
crease or accumulation of land by natural
Accrued. Periodically accumulated over time.
causes, as out of a lake or river. (c) The im-
perceptible and gradual addition to land by Accrued depreciation. The total depreciation
the slow action of water. See Alluvion. claimed, to date, on a property. It is an entry
on the balance sheet and is supposed to
Accretion. Prop. Requisites: (a) That the dep-
properly reflect that the property is becom-
osition of soil or sediment be gradual and
ing less valuable with the passage of time.
imperceptible; (b) that it be the result of the
See Accumulated depreciation.
action of the waters of the river [or sea]; and
(c) that the land where accretion takes place Accrued expense. An accounting expense
is adjacent to the banks or rivers [or the sea recognized in the books before it is paid for.
coast]. [Meneses v. CA, GR 82220 July 14, It is a liability, and is usu. current. These ex-
1995]. penses are typically periodic and document-
ed on a company's balance sheet due to the
Accretion. Succ. A right by virtue of which,
high probability that they will be collected.
when 2 or more persons are called to the
same inheritance, devise or legacy, the part Accrued income. Income that is earned in a
assigned to the one who renounces or can- fund or by company by providing a service
not receive his share, or who died before the or selling a product, but has yet to be re-
testator, is added or incorporated to that of ceived.
his co-heirs, co-devisees, or co-legatees.
[Art. 1015, CC]. Accrued interest. Interest which has fallen
due but remains unpaid.
Accrual. Accumulation; the act of accumulat-
Accumulate. To gather or pile up; amass.
ing.
Accrual accounting. An accounting method Accumulated depreciation. Total deprecia-
that measures the performance and position tion on a tangible asset accumulated up to a
specified date. This amount is subtracted
of a company by recognizing economic
events regardless of when cash transactions from the orig. cost or valuation of the asset
occur. to arrive at its book value. Accumulated de-
preciation amount represents only the ex-
Accrual rate. The rate of interest that is added pired value of an asset; it is neither cash nor
to the principal of a financial instrument bet. any other type of asset that can be used to
cash payments of that interest. For example, buy another asset. Also called Accrued de-
a 6-month bond with interest payable semi- preciation.
annually will accrue daily interest during the
6-month term until it is paid in full on the Accumulated depreciation on appraisal.
date it becomes due. Also termed as Observed depreciation.
The accumulated depreciation based on the
Accruals. Accounts on a balance sheet that appraised or appraisal value per appraiser's
represent liabilities and non-cash-based as- report. [RCPI v. Natl. Wages Council, GR
sets used in accrual-based accounting. 93044. Mar. 26, 1992].

16
Accusation. 1. A charge or claim that some- Acquiescence. 1. Allowing too much time to
one has done something illegal or wrong. 2. pass since a person had knowledge of an
The action or process of making such a event which may have allowed him to have
charge or claim. legal recourse against another, implying that
he waived his rights to that legal recourse.
Accuse. 1. Charge [someone] with an offense
2. Action or inaction which binds a person
or crime. 2. Claim that [someone] has done
legally even though it was not intended as
something wrong.
such.
Accused. The name for the defendant in a
Acquire. To gain by any means, usu. by one‘s
criminal case.
own exertions. To take on as a part of one‘s
Acknowledge. Accept or admit the existence nature or qualifications. To attain, procure,
or truth of. win, earn, secure or obtain.
Acknowledged. Recognized or made known Acquired. 1. Bought or obtained for oneself
or admitted. [as an asset or object]. 2. Learned or devel-
oped [as a skill, habit, or quality].
Acknowledged natural children. Natural
children duly acknowledged or recognized Acquired asset corporation. A corp.: (a)
by the father and mother jointly, or by only which is under private ownership, the voting
one of them. or outstanding shares of which were: (i)
conveyed to the Govt. or to a govt. agency,
Acknowledgment. An act in which an individ- instrumentality or corp. in satisfaction of
ual on a single occasion: (a) appears in per- debts whether by foreclosure of otherwise,
son before the notary public and presents or (ii) duly acquired by the Govt. through fi-
an integrally complete instrument or docu-
nal judgment in a sequestration proceeding;
ment; (b) is attested to be personally known or (b) which is a subsidiary of a govt. corp.
to the notary public or identified by the nota- organized exclusively to own and manage,
ry public through competent evidence of
or lease, or operate specific physical assets
identity as defined by the Rules; and (c) rep- acquired by a GFI in satisfaction of debts in-
resents to the notary public that the signa- curred therewith, and which in any case by
ture on the instrument or document was vol- law or by enunciated policy is required to be
untarily affixed by him for the purposes stat- disposed of to private ownership within a
ed in the instrument or document, declares
specified period of time. [Sec. 2, RA 7656].
that he has executed the instrument or doc-
ument as his free and voluntary act and Acquired citizenship. Citizenship conferred at
deed, and, if he acts in a particular repre- birth on children born abroad to a Filipino
sentative capacity, that he has the authority citizen parent or parents.
to sign in that capacity. [Sec. 1, Rule II, AM
Acquired Immune Deficiency Syndrome
02-8-13-SC].
(AIDS). A condition characterized by a com-
Acknowledgment of receipt. A documented bination of signs and symptoms, caused by
verification that goods have been received HIV contracted from another person and
or services have been rendered. Typically, which attacks and weakens the body's im-
the acknowledgement is indicated by the re- mune system, making the afflicted individual
cipient's signature on a bill of lading, an in- susceptible to other life-threatening infec-
voice or another form. tions. [Sec. 3, RA 8504].
Acquisition. 1. An asset or object bought or
obtained, typically by a library or museum.
Acquiesce. To consent or comply passively or 2. An act of purchase of one company by
without protest. another.

17
Acquisition through adverse possession of Act. Intl. Law. Sometimes termed a Final act
public lands. Requisites: (a) The land ap- or Protocol de cloture, it is an instrument
plied for must be an alienable and disposa- which records the summary of a diplomatic
ble public land; and (b) the claimants, by conference. It reproduces the treaties, con-
themselves or through their predecessors- ventions or resolutions agreed upon by the
in-interest, have been in open, continuous, participants of the conference. This is also
exclusive, and notorious possession and termed as a General act. [Coquia and San-
occupation of the land since June 12, 1945 tiago, Intl. Law, 3rd Ed. (1998), p. 492].
or earlier. [Rep. v. CA and Divinaflor, GR
Act. Pol. Law. 1. An expression of will or pur-
116372. Jan. 18, 2001].
pose. It may denote something done as a
Acquisitive prescription. Civ. Law. The ac- legislature, incl. not merely physical acts,
quisition of ownership and other real rights but also decrees, edicts, laws, judgments,
through the lapse of time. resolves, awards, and determinations. [Gar-
cia v. Comelec, GR 111230. Sep. 30, 1994].
Acquisitive prescription. Civ. Law. Requi-
2. A bill which has passed through the vari-
sites: For prescription to set in, the posses-
ous legislative steps required for it and
sion must be: (a) adverse, (b) continuous,
which has become law, as in an act of Con-
(c) public and (d) to the exclusion of all.
gress. Synonymous to Statute, Legislation
[Corpuz v. Padilla, GR L-18099 & L-18136.
or Law.
July 31, 1962].
Act of God. 1. An event which is caused sole-
Acquit. 1. Free [someone] from a criminal
ly by the effect of nature or natural causes
charge by a verdict of not guilty. 2. Conduct
and without any interference by humans
oneself or perform in a specified way.
whatsoever. Insurance contracts often ex-
Acquittal. Crim. Law. 1. It is always based on clude ―Acts of God‖ from the list of insurable
the merits, that is, the defendant is acquitted occurrences as a means to waive their obli-
bec. the evidence does not show that de- gations for damage caused by typhoons,
fendant's guilt is beyond reasonable doubt; floods or earthquakes. 2. A natural disaster
but dismissal does not decide the case on the occurrence of which cannot be foreseen
the merits or that the defendant is not guilty. or prevented, such as earthquakes, ty-
[Malanyaon v. Lising, GR L-56028. July 30, phoons, tsunamis, floods, etc. Also Fortui-
1981]. 2. The legal certification of the inno- tious event or Force majeure.
cence of a person who has been charged
Act of God doctrine. The doctrine embodying
with a crime, setting the person free from a
the principle that strictly requires that the act
charge of guilty by a finding of not guilty. 3.
must be one occasioned exclusively by the
A release, absolution, or discharge of an ob-
violence of nature and all human agencies
ligation or liability. In criminal law the finding
are to be excluded from creating or entering
of not guilty. Compare with Dismissal.
into the cause of the mischief. When the ef-
Acreedor meramente escriturarion. Sp. fect, the cause of which is to be considered,
Creditor evidenced by a written instrument. is found to be in part the result of the partici-
[Diez v. Delgado, GR L-11732 Jan. 12, pation of man, whether it be from active in-
1918]. tervention or neglect, or failure to act, the
whole occurrence is thereby humanized, as
Act. Crim. Law. As used in Art. 3 of the Rev. it were, and removed from the rules applica-
Penal Code, the term must be understood
ble to the acts of God. [Napocor v. CA, GR
as "any bodily movement tending to produce 103442-45. May 21, 1993].
some effect in the external world." [People
v. Gonzales, GR 80762. Mar. 19, 1990]. Act of State. A sovereign act of govt. which
cannot be the subject of a suit or be action-
able in law.

18
Act of State doctrine. Intl. Law. The doctrine person. [Santos v. Sec. of Labor, GR L-
holding that the act of a govt. within the 21624, 27 Feb. 1968].
boundaries of its own territory is not subject
Actio personalis moritur cum persona;
to judicial scrutiny in a foreign municipal
actio personalis in haeredem non datur,
court. A municipal court will decline to hear
nisi forte ex damno locupletior haeres
a dispute based on such acts if to do so
factus sit. Lat. A personal right of action
would interfere with the conduct of the forum
dies with the person. A penal action is not
state's foreign policy.
given against an heir, unless, indeed, such
Act tending to prevent the meeting of the heir is benefited by the wrong. [Petralba v.
Assembly and similar bodies. Crim. Law. Sandiganbayan, GR 81337. Aug. 16, 1991].
The felony committed by any person who,
Action. Rem. Law. 1. An ordinary suit in a
by force or fraud, prevents the meeting of
court of justice, by which one party prose-
the Natl. Assembly [now Congress of the
cutes another for the enforcement or protec-
Phils.] or of any of its committees or sub-
tion of a right, or the prevention or redress of
committees, constitutional commissions or
a wrong. [Sec. 1, Rule 2, RoC]. 2. It includes
committees or divisions thereof, or of any
counterclaim, set-off, and suits in equity as
provincial board or city or municipal council
provided by law. [Sec. 58, Act 2137]. 3. The
or board. [Art. 143, RPC, as reinstated by
legal demand of one's right, or rights; the
EO 187].
lawful demand of one's rights in the form
Acta jure gestionis. Lat. Acts by right of man- given by law; a demand of a right in a court
agement. Activities of a commercial nature of justice; the lawful demand of one's right in
carried out by a foreign State or one of its a court of justice; the legal and formal de-
subdivisions or agencies. However, the acts mand of one's rights from another person or
are not immune from the jurisdiction and party, made and insisted on in a court of jus-
process of local courts under the modern tice; a claim made before a tribunal; an as-
doctrine of restrictive foreign sovereign im- sertion in a court of justice of a right given
munity. by law; a demand or legal proceeding in a
court of justice to secure one's rights; the
Acta jure imperii. Lat. Acts by right of domin-
prosecution of some demand in a court of
ion. Activities of a governmental or public
justice; the means by which men litigate with
nature carried out by a foreign State or one
each other; the means that the law has pro-
of its subdivisions. Acta jure imperii also
vided to put the cause of action into effect.
qualifies for state immunity under the mod-
[Hermanos v. De la Riva, GR L-4604 Jan.
ern doctrine of restrictive foreign sovereign
12, 1909]. 4. Anti-Red Tape Law. The writ-
immunity.
ten approval or disapproval made by a govt.
Acting. Holding a temporary rank or position, office or agency on the application or re-
or performing services temporarily. quest submitted by a client for processing.
[Sec. 4, RA 9485].
Actio in personam. See Action in perso-
nam. Action de in rem verso. See Acción in rem
verso.
Actio in rem. See Action in rem.
Action for injunction. A suit which has for its
Actio non datur non damnificato. Lat. No purpose the enjoinment of the defendant,
right of action is given when no injury is sus- perpetually or for a particular time, from the
tained. [Metropolitan Bank v. Tan, GR L-
commission or continuance of a specific act,
46539, June 25, 1986]. or his compulsion to continue performance
Actio personalis moritur cum persona. Lat. of a particular act. [Manila Banking Corp. v.
Personal action terminates or dies with the CA, GR 45961, July 3, 1990].

19
Action for reconveyance. An action in perso- object the sale or other disposition of the
nam available to a person whose property property of the defendant, whether by at-
has been wrongfully registered under the tachment, foreclosure, or other form of rem-
Torrens system in another‘s name. X x x. As edy, are in a general way thus designated.
a remedy, [it] is filed as an ordinary action in The judgment entered in these proceedings
the ordinary courts of justice and not with is conclusive only bet. the parties. [Banco
the land registration court. Reconveyance is Español-Filipino v. Palanca, GR L-11390
always available as long as the property has Mar. 26, 1918].
not passed to an innocent 3rd person for
Actionable. A matter or action that creates a
value. [Lopez, Sr. v. Enriquez, GR 146262,
ground, i.e., a cause of action, or a suit at
Jan. 21, 2005].
law.
Action in ejectment. Rem. Law. The term
Actionable claims. Claims which can be en-
includes a suit of forcible entry [detentacion]
forced only by an action or suit, e.g., debt.
or unlawful detainer [desahucio]. [Sering v.
Plazo, GR L-49731. Sep. 29, 1988]. Actionable document. Rem. Law. A written
instrument upon which the action or defense
Action in personam. Lat. Rem. Law. 1. A
is based. [Sec. 7, Rule 8, RoC].
personal action seeking redress against a
particular individual. An action against a Actionable negligence. A violation of the duty
person on the basis of his personal liability. to use care.
[Hernandez v. Rural Bank of Lucena, GR. L-
29791 Jan. 10, 1978]. 2. An action against Actionable per se. Legally sufficient to sup-
the person, founded on a personal liability. port a lawsuit in itself. Words are actionable
per se if they are obviously insulting and in-
In contrast to action in rem, an action for the
recovery of a specific object, usu. an item of jurious to one's reputation.
personal property. Actionable wrong. A violation of law. [Vales v.
Villa, GR 10028 Dec. 16, 1916].
Action in rem. Lat. Rem. Law. 1. An action for
the recovery of the very thing. An action Active. Moving, doing, or functioning.
against the thing itself, instead of against the
person. [Hernandez v. Rural Bank of Lu- Active fishing gear. A fishing device charac-
cena, GR. L-29791 Jan. 10, 1978]. 2. Pro- terized by gear movements, and/or the pur-
ceeding against the thing as compared to suit of the target species by towing, lifting,
personal actions [in personam]. Usu. a pro- and pushing the gears, surrounding, cover-
ceeding where property is involved. ing, dredging, pumping and scaring the tar-
get species to impoundments; such as, but
Action inter partes. Lat. Action bet. the par- not limited to, trawl, purse seines, Danish
ties. Action that concerns principally 2 par- seines, bag nets, paaling, drift gill net and
ties. [Venzon v. Phil. Pacific Trade, Inc., SP- tuna longline. [Sec. 4, RA 8550].
11066-R, 03 Dec. 1980].
Active ingredient. The chemical component
Action quasi in rem. Lat. Rem. Law. An ac- responsible for the claimed therapeutic ef-
tion which while not strictly speaking an ac- fect of the pharmaceutical product. [Sec. 3,
tion in rem partakes of that nature and is RA 6675].
substantially such. The action quasi in rem
differs from the true action in rem in the cir- Active mining area. Areas under actual explo-
cumstance that in the former an individual is ration, development, exploitation or com-
named as defendant and the purpose of the mercial production as determined by the
proceeding is to subject his interest therein DENR Sec. after the necessary field investi-
to the obligation or lien burdening the prop- gation or verification incl. contiguous and
erty. All proceedings having for their sole geologically related areas belonging to the

20
same claim owner and/or under contract heard who has advanced anything against
with an operator, but in no case to exceed authority. [Formalego v. Penano, 10563-
the maximum area allowed by law. [Sec. 3, C.A.R., 30 July 1980].
RA 7076].
Actor rei forum sequitur. Lat. The plaintiff
Active search. A prying into hidden places for must follow the forum of the thing in dispute.
that which is concealed. [Padilla v. CA, GR A fundamental principle of Roman origin
121917. Mar. 12, 1997]. which holds that in suits in personam and
those relating to movables, courts of the
Active solidarity. It consists in the authority of
domicile of the defendant have general ju-
each creditor to claim and enforce the rights
risdiction. [Montalban v. Maximo, GR L-
of all, with the resulting obligation of paying
22997, Mar. 15, 1968]. The more precise
every one what belongs to him; there is no
term is Actor sequitur forum rei.
merger, much less a renunciation of rights,
but only mutual representation. [Quiombing Actor sequitur forum rei. Lat. Plaintiff must
v. CA, GR 93010. Aug. 30, 1990]. It is a kind sue in the court of the domicile of the de-
of solidarity where there are several credi- fendant. [Montalban v. Maximo, GR L-
tors and only one debtor. [Diaz, Bus. Law 22997, 05 Mar. 1968].
Rev., 1991 Ed., p. 24]. Compare with Pas-
Actor sequitur forum rei. Lat. The actor [or
sive solidarity.
performer] must follow the forum of the thing
Active subject. The person who can demand in dispute.
the performance of the obligation, otherwise
Actore non probante reus absolvitur. Lat.
known as the creditor or obligee. [Torres,
When the plaintiff does not prove his case,
Oblig. & Cont., 2000 Ed., p. 24]. Compare
the defendant is absolved.
with Passive subject.
Actori incumbit onus probandi. Lat. The
Activism. The policy or action of using vigor-
burden of proof rests with the plaintiff or
ous campaigning to bring about political or
prosecution. [The Presidential Ad Hoc Fact-
social change.
Finding Committee on Behest Loans v.
Activist. One advocating or engaged in activ- Desierto, GR 136192. Aug. 14, 2001].
ism.
Acts. Those certain acts which Art. 407 of the
Activist school. Group of 3rd World theorists Civ. Code authorizes [to be entered] in the
who argue that intl. law reflects the interests civil registry [such as legitimations, ac-
of developed states to the detriment of de- knowledgments of illegitimate children and
veloping states and who advocate action by naturalization], events [such as births, mar-
the latter to change it. riages, naturalization and deaths]. [Silverio
v. Rep., GR 174689, Oct. 22, 2007].
Activity. A work process which contributes to
the implementation of a program, sub- Acts by right of dominion. Acta jure imperii.
program or project. Activities of a governmental or public nature
carried out by a foreign State or one of its
Acto nulo. Sp. Void act; an act declared void.
subdivisions, which qualify for State immuni-
[Mun. of Camiling v. Lopez, GR L-8945. May
ty under the modern doctrine of restrictive
23, 1956].
foreign sovereign immunity.
Acto segundo. Sp. In a successive or contin-
Acts by right of management. Acta jure ges-
ued action. [Villanueva v. Ramirez, 56577-
tionis. Activities of a commercial nature car-
R, Mar. 27, 1978].
ried out by a foreign State or one of its sub-
Actor qui contra regulam quid adduxit, non divisions or agencies, which acts are not
est audiendus. Lat. Plaintiff is not to be immune from the jurisdiction and process of

21
local courts under the modern doctrine of of reason or otherwise unconscious, or (b.3)
restrictive foreign sovereign immunity. when the offended party is under 12 years
of age; and (c) that the offended party is an-
Acts contra bonus mores. Lat. Act against
other person of either sex. [People v. Bon,
good morals. Loss or injury willfully caused
GR 149199. Jan. 28, 2003].
by any person to another in a manner that is
contrary to morals, good customs or public Acts of lasciviousness committed against a
policy for which the former shall compensate child. Crim. Law. Essential elements: (a)
the latter for the damage. [per Art. 21, CC]. The accused commits the act of sexual in-
tercourse or lascivious conduct; (b) the said
Acts contra bonus mores. Elements: (a)
act is performed with a child exploited in
There is an act which is legal; (b) but which
prostitution or subjected to other sexual
is contrary to morals, good custom, public
abuse; (c) the child whether male or female,
order, or public policy; (c) and it is done with
is below 18 years of age. [People v. Larin,
intent to injure. [Albenson Enterprises Corp.
GR 128777, Oct. 7, 1998].
v. CA, GR 88694. Jan. 11, 1993].
Acts of torture. See Torture, Acts of.
Acts mala in se. Crim. Law. Acts wrong in
themselves. In acts mala in se, the intent Actual. Something real, or actually existing, as
governs. [Dunlao v. CA, GR 111343. Aug. opposed to something merely possible, or to
22, 1996]. Compare with Acts mala prohib- something which is presumptive or construc-
ita. tive. [Salaysay v. Ruiz Castro, GR L-9669
Jan. 31, 1956].
Acts mala prohibita. Crim. Law. Acts which
would not be wrong but for the fact that posi- Actual case. Also Actual controversy. An
tive law forbids them. In acts mala prohibita, existing case or controversy that is appro-
the only inquiry is, ―has the law been violat- priate or ripe for determination, not conjec-
ed?‖ [US v. Go Chico, GR 4963 Sep. 15, tural or anticipatory. [Garcia v. Exec. Sec.,
1909]. Compare with Acts mala in se. 204 GR 100883 Dec. 2, 1991].
Acts merely tolerated. Those which by rea- Actual case or controversy. One which in-
son of neighborliness or familiarity, the own- volves a conflict of legal rights, an assertion
er of property allows his neighbor or another of opposite legal claims, susceptible of judi-
person to do on the property; they are gen- cial resolution as distinguished from a hypo-
erally those particular services or benefits thetical or abstract difference or dispute. In
which one's property can give to another other words, ―[t]here must be a contrariety of
without material injury or prejudice to the legal rights that can be interpreted and en-
owner who permits them out of friendship or forced on the basis of existing law and juris-
courtesy. [Sarona v. Villegas, GR L-22984. prudence.‖ [Belgica v. Ochoa, GR 208566,
Mar. 27, 1968]. Nov. 19, 2013].
Acts of lasciviousness. Crim. Law. The felo- Actual controversy. An actual dispute that
ny committed by any person who shall can be legally resolved, as opposed to a hy-
commit any act of lasciviousness upon other pothetical or theoretical conflict created for
persons of either sex, under any of the cir- the sake of attaining an advisory opinion.
cumstances mentioned in Art. 335 of the
Actual damages. Also Compensatory dam-
Rev. Penal Code. [Art. 336, RPC].
ages. Adequate compensation to which a
Acts of lasciviousness. Crim. Law. Elements: person is entitled only for such pecuniary
(a) That the offender commits any act of loss suffered by him as he has duly proved,
lasciviousness or lewdness; (b) that it is except as provided by law or by stipulation
done: (b.1) by using force and intimidation [Art. 2199, CC].
or (b.2) when the offended party is deprived

22
Actual delivery. Also Real delivery. 1. The the circumstances of the case. [Sec. 132,
placement of the thing sold in the control IC].
and possession of the vendee. [Art. 1497,
Actual possession. 1. [It] consists in the man-
CC]. 2. Delivery where physical possession
ifestation of acts of dominion over [a piece
is given to the vendee or his representative.
of land] of such a nature as a party would
[Onapal Phils. v. CA, GR 90707. Feb. 1,
naturally exercise over his own property.
1993]. 3. Sales. The ceding of corporeal
[Rep. v. Alconaba, GR 155012. Apr. 14,
possession by the seller, and the actual ap-
2004]. 2. Possession as a fact or physical
prehension of corporeal possession by the
possession. Compare with Constructive
buyer or by some person authorized by him
possession.
to receive the goods as his representative
for the purpose of custody or disposal. [An- Actual restraint. This occurs when a person is
drada v. Argel, 65 OG 1054]. 4. [It] consists deprived of liberty or otherwise in the custo-
in the giving of actual possession to the dy of the person making the arrest.
vendee or his agent, as for example, in
manually transferring the possession of a Actual service. Civ. Serv. 1. The period of
thing from the vendor to the vendee. Com- continuous service since the appointment of
the official or employee concerned, incl. the
pare with Constructive delivery.
period or periods covered by any previously
Actual, direct and exclusive use of the approved leave with pay. Leave of absence
property for charitable purposes. The di- without pay for any reason other than illness
rect and immediate and actual application of shall not be counted as part of the actual
the property itself to the purposes for which service rendered: Provided, that in compu-
the charitable institution is organized. It is ting the length of service of an employee
not the use of the income from the real paid on the daily wage basis, Saturdays,
property that is determinative of whether the Sundays or holidays occurring within a peri-
property is used for tax-exempt purposes. od of service shall be considered as service
[Lung Center of the Phils. v. Quezon City, although he did not receive pay on those
GR 144104, June 29, 2004]. days inasmuch as his service was not then
required. [Sec. 28, Rule XVI, Omnibus
Actual fraud. 1. Intentional fraud; it consists in
Rules Implementing Book V of EO 292]. 2.
deception, intentionally practiced to induce
The period of time for which pay has been
another to part with property or to surrender
received, excl. period covered by terminal
some legal right, and which accomplishes
leave. [Sec. 3, PD 985].
the end designed. [Berico v. CA, GR 96306,
Aug. 20, 1993]. 2. The intentional omission Actual total loss. Ins. Loss caused by: (a) a
of fact required by law to be stated in the total destruction of the thing insured; (b) the
application or willful statement of a claim irretrievable loss of the thing by sinking, or
against truth. It may also constitute specific by being broken up; (c) any damage to the
acts intended to deceive or deprive another thing which renders it valueless to the owner
of his right, but lack of actual notice of the for the purpose for which he held it; or (d)
proceedings does not itself establish fraud. any other event which effectively deprives
[Alba v. Dela Cruz, GR 5246 Sep. 16, 1910]. the owner of the possession, at the port of
Compare with Constructive fraud and Pos- destination, of the thing insured. [Sec. 130,
itive fraud. IC]. Compare with Constructive total loss.
Actual loss presumed. Mar. Ins. The actual Actual total loss. Mar. Ins. It exists when the
loss of the ship which may be presumed subject matter of the insurance is wholly de-
from its continued absence without being stroyed or lost or when it is so damaged as
heard of. The length of time which is suffi- no longer to exist in its orig. character. The
cient to raise his presumption depends on right of the insured to claim the whole insur-

23
ance is absolute. No need to give notice of Ad infinitum. Lat. Forever; without limit; indef-
abandonment. [Sec. 135, IC]. initely.
Actual total loss. Mar. Ins. What constitutes Ad interim. Lat. In the meantime or for the
it: (a) A total destruction of the thing insured; time being. Thus, an officer ad interim is one
(b) The irretrievable loss of the thing by sink- appointed to fill a vacancy, or to discharge
ing, or by being broken up; (c) Any damage the duties of the office during the absence or
to the thing which renders it valueless to the temporary incapacity of its regular incum-
owner for the purpose for which he held it; bent. [PLM v. IAC, GR L-65439. Nov. 13,
or (d) Any other event which effectively de- 1985].
prives the owner of the possession, at the
Ad litem. Lat. For the suit. A person appointed
port of destination, of the thing insured.
only for the purposes of prosecuting or de-
[Sec. 130, IC]. Complete physical destruc-
fending an action on behalf of another such
tion is not essential to constitute actual total
as a child or mentally-challenged person.
loss.
Also called a Guardian ad litem.
Actual use. The purpose for which the proper-
Ad perpetuam rei memoriam. Lat. For the
ty is principally or predominantly utilized by
perpetual remembrance of the thing.
the persons in possession of the property.
[Sec. 3, PD 464]. Ad proximum antedecens fiat relatio nisi
impediatur sentencia. Lat. Relative words
Actus ipsa loquitur. Lat. Let the act speak for
refer to the nearest antecedent, unless it be
itself.
prevented by the context. [Abella v. Come-
Actus me invito factus non est meus actus. lec, GR 100710. Sep. 3, 1991].
Lat. An act done by me against my will is not
Ad ultimam vim terminorum. Lat. To the
my act. [People v. Salvatierra, GR 111124.
most extended import of the terms. In a
June 20, 1996].
sense as universal as the terms will reach.
Actus non facit reum, nisi mens sit rea. Lat. [Caiña v. CA, GR 114393, Dec. 15, 1994].
1. An act is not criminal unless the mind is
Ad valorem. Lat. Acc. to value.
criminal. [People v. Quijada, GR 115008-09.
July 24, 1996]. 2. The act itself does not Ad valorem property tax. A tax invariably
make a man guilty unless his intentions based upon ownership of property, and is
were so. [US v. Ah Chong, GR 5272. Mar. payable regardless of whether the property
19, 1910]. is used or not, although of course the value
may vary in accordance with such factor.
Actus reus. Lat. A guilty deed or act.
[Villanueva v. City of Iloilo, GR L-26521.
Acute conjunctivitis. Sore eyes. Dec. 28, 1968].
Ad. Lat. Near; at. Ad valorem tax. 1. A levy on real property
determined on the basis of a fixed propor-
Ad arguendo. Lat. A hypothetical argument.
tion of the value of the property. [Sec. 3, PD
[Chamber of Fil. Retailers, Inc. v. Villegas,
464]. 2. An excise tax based on selling price
GR L-29819, 14 Apr. 1972].
or other specified value of the article. [CIR v.
Ad cautelam. Lat. As a precaution. A docu- Mobile Phil. Inc., GR 104920. Apr. 28,
ment that is not necessary, but is filed just in 1994]. Compare with Specific tax.
case.
Ada. Customary law. [Art. 7, PD 1083 (Code of
Ad hoc. Lat. For this purpose; for a specific Muslim Personal Laws of the Phils.)].
purpose.
Adapt. To make suitable to or fit for a specific
use or situation. To become adapted.

24
Adaptation. The adjustment in natural or hu- not include a person acting as an intermedi-
man systems in response to actual or ex- ary with respect to that electronic data mes-
pected climatic stimuli or their effects, which sage or electronic data document. [Sec. 5,
moderates harm or exploits beneficial op- RA 8792].
portunities. [Sec. 3, RA 10121; Sec. 3, RA
Adequate. Satisfactory or acceptable in quality
9729].
or quantity.
Adaptive capacity. The ability of ecological,
Adequate remedy. A remedy which is equally
social or economic systems to adjust to cli-
beneficial, speedy and sufficient, not merely
mate change incl. climate variability and ex-
a remedy which at some time in the future
tremes, to moderate or offset potential dam-
will bring about a revival of the judgment of
ages and to take advantage of associated
the lower court complained of in the certiora-
opportunities with changes in climate or to
ri proceeding, but a remedy which will
cope with the consequences thereof. [Sec.
promptly relieve the petitioner from the inju-
3, RA 9729].
rious effects of that judgment and the acts of
Addendum. An attachment to a written docu- the inferior court or tribunal. [Silvestre v.
ment. Torres, GR L-38952 Feb. 21, 1933].
Additional. Added, extra, or supplementary to Adhere. 1. Stick fast to [a surface or sub-
what is already present or available. stance]. 2. Believe in and follow the practic-
es of.
Additional evidence. Such evidence allowed
to be offered (a) when it is newly discov- Adherence. 1. The process or condition of
ered, or (b) where it has been omitted adhering. 2. Faithful attachment; devotion,
through inadvertence or mistake, or (c) as in ―adherence to the rule of law.‖
where the purpose of the evidence is to cor-
Adherence of jurisdiction. Rem. Law. 1. The
rect evidence previously offered. [Lopez v.
principle that once a court has acquired ju-
Liboro, GR L-1787. Aug. 27, 1948].
risdiction, that jurisdiction continues until the
Additional or other insurance clause. A court has done all that it can do in the exer-
condition in the policy requiring the insured cise of that jurisdiction. 2. The doctrine hold-
to inform the insurer of any other insurance ing that [e]ven the finality of the judgment
coverage of the property insured. It is lawful does not totally deprive the court of jurisdic-
and specifically allowed under Sec. 75 of the tion over the case. What the court loses is
IC which provides that ―a policy may declare the power to amend, modify or alter the
that a violation or a specified provision judgment. Even after the judgment has be-
thereof shall avoid it, otherwise the breach come final, the court retains jurisdiction to
of an immaterial provision does not avoid it.‖ enforce and execute it [Echegaray v. Sec. of
Justice, GR 132601. Jan. 19, 1999]. Also
Additional or other insurance clause. Pur-
called Continuity of jurisdiction.
poses: (a) To prevent an increase in the
moral hazard; and (b) To prevent over- Adherence to judicial precedents. Also
insurance and fraud. called Stare decisis. [The] doctrine [that]
enjoins adherence to judicial precedents. It
Address. The direction for delivery of a letter;
requires courts in a country to follow the rule
the name or description of a place of resi-
established in a decision of its Sup. Court.
dence, business, etc., where a person may
That decision becomes a judicial precedent
be found or communicated with. [Lim Sih
to be followed in subsequent cases by all
Beng v. Rep., GR L-23387. Apr. 24, 1967].
courts in the land. [Phil. Guardians Brother-
Addressee. A person who is intended by the hood, Inc. (PGBI) v. Comelec, GR 190529,
originator to receive the electronic data Apr. 29, 2010].
message or electronic document, but does

25
Adherence to the enemy. The act of a citizen dure, or legal machinery by which substan-
of favoring the enemy and harboring sympa- tive law is enforced or made effective.
thies or convictions disloyal to his country‘s
Adjective or Procedural law. That body of
policy or interest. [Gregorio, Fund. of Crim.
law which governs the process of protecting
Law Rev., 1997 9th Ed., p. 363].
the rights under substantive law. See also
Adhesion. The tendency of dissimilar particles Remedial law.
or surfaces to cling to one another as op-
Adjective or Remedial law. [That part of the
posed to cohesion which refers to the ten-
law which] which prescribes the method of
dency of similar or identical particles or sur-
enforcing rights or obtains redress for their
faces to cling to one another.
invasion. [Bustos v. Lucero, GR L-2068 Oct.
Adhesion contract. 1. A contract in which one 20, 1948]. Compare with Substantive law.
of the parties imposes a ready-made form of
Adjourn. Break off [a meeting, legal case, or
contract, which the other party may accept
game] with the intention of resuming it later.
or reject, but which the latter cannot modify.
[PCIBank v. CA, GR 97785. Mar. 29, 1996]. Adjournment. Pol. Law. During a session of
2. A fine-print consumer form contract which Congress, mere temporary suspension of
is generally given to consumers at point-of- business from day to day, or for such brief
sale, with no opportunity for negotiation as periods of time as are agreed upon by the
to it's terms, and which, typically, sets out joint action of the 2 houses. [Aytona v. Cas-
the terms and conditions of the sale, usu. to tillo, GR L-19313. Jan. 19, 1962]. Compare
the advantage of the seller. with Recess.
Ad interim. Lat. In the meantime. Adjournment sine die. Lat. Adjournment
"without day". Adjourning without assigning
Ad-interim appointment. 1. The appointment
a day for a further meeting or hearing. To
that the Pres. may make during the recess
adjourn an assembly sine die is to adjourn it
of the Congress, or those made during a pe-
for an indefinite period. A legislative body
riod of time from the adjournment of the
adjourns sine die when it adjourns without
Congress to the opening session, regular or
appointing a day on which to appear or as-
special, of the same Congress. [Aytona v.
semble again.
Castillo, GR L-19313. Jan. 19, 1962]. 2. An
appointment made by the Pres. while Con- Adjudge. 1. To pass on judicially, to decide,
gress is not in session. It takes effect imme- settle or decree, or to sentence or condemn.
diately but ceases to be valid if disapproved The term implies a judicial determination of
by the Commission on Appointments or up- a fact, and the entry of a judgment. [Cariño
on the next adjournment of Congress. Com- v. CHR, GR 96681. Dec. 2, 1991].
pare with Regular appointment. [Suarez,
Pol. Law Reviewer, 1st Ed., 2002, p. 393]. Adjudicate. To settle in the exercise of judicial
authority. To determine finally. Synonymous
Adjectival law. See Adjective law. with ―adjudge‖ in its strictest sense. [Cariño
v. CHR, GR 96681. Dec. 2, 1991].
Adjective law. The aggregate of rules of pro-
cedure or practice. As opposed to that body Adjudication. Civ. Law. See Dacion en pago
of law that the courts are established to ad- or Dation in payment.
minister [called substantive law], it means
the rules acc. to which the substantive law is Adjudication. Rem. Law. 1. The rendition of a
administered, e.g., Rules of Civil Procedure. judgment or final order which disposes of
the case on the merits. [Bench Book for Trial
That part of the law that provides a method
for enforcing or maintaining rights, or obtain- Court Judges, p. 2-40]. 2. Giving or pro-
ing redress for their invasion. Pertains to nouncing a judgment or decree. Also the
judgment given. 3. A judgment; giving or
and prescribes the practice, method, proce-

26
pronouncing judgment in a case. Determina- Administrative. The term connotes, or per-
tion in the exercise of judicial power. tains, to administration, esp. management,
as by managing or conducting, directing or
Adjudication or Judgment on the merits. A
superintending, the execution, application,
judgment which determines the rights and
or conduct of persons or things. [Univ. of
liabilities of the parties based on the dis-
Nueva Caceres v. Martinez, GR L-31152.
closed facts, irrespective of formal, technical
Mar. 27, 1974].
or dilatory objections. It is not necessary,
however, that there should have been a trial. Administrative act. Any action incl. decisions,
If the judgment is general, and not based on omissions, recommendations, practices, or
any technical defect or objection, and the procedures of an administrative agency.
parties had a full legal opportunity to be [Sec. 9, PD 1487].
heard on their respective claims and conten-
Administrative adjudicatory power. The
tions, it is on the merits although there was
power of the administrative agency to adju-
no actual hearing or arguments on the facts
dicate the rights of persons before it. It is the
of the case. [Mendiola v. CA, GR 122807.
power to hear and determine questions of
July 5, 1996].
fact to which the legislative policy is to apply
Adjunct. A thing added to something else as a and to decide in accordance with the stand-
supplementary rather than an essential part. ards laid down by the law itself in enforcing
and administering the same law. [CIR v. CA,
Adjunction. The permanent union of a thing
GR 119761 Aug. 29, 1996]. See Quasi-
belonging to one person to something that
judicial power.
belongs to someone else. See Conjunc-
tion. Administrative agencies. Agencies created
by the legislative branch of govt. to adminis-
Administer. Any act of introducing any dan-
ter laws pertaining to specific areas such as
gerous drug into the body of any person,
taxes, transportation, and labor.
with or without his/her knowledge, by injec-
tion, inhalation, ingestion or other means, or Administrative agency. Any department or
of committing any act of indispensable as- other governmental unit incl. any GOCC,
sistance to a person in administering a dan- any official, or any employee acting or pur-
gerous drug to himself/herself unless admin- porting to act by reason of connection with
istered by a duly licensed practitioner for the govt. but it does not include (a) any court
purposes of medication. [Sec. 3, RA 9165]. or judge, or appurtenant judicial staff; (b) the
members, committees, or staffs of the Natl.
Administering injurious substances or bev-
Assembly; or (c) the Pres. or his personal
erages. Crim. Law. The felony committed by
staff, or (d) the members of the Constitu-
any person who, without intent to kill, shall
tional Commissions and their personal
inflict upon another any serious, physical in-
staffs. [Sec. 9, PD 1487].
jury, by knowingly administering to him any
injurious substance or beverages or by tak- Administrative Code of 1987. EO 292 signed
ing advantage of his weakness of mind or into law on July 25, 1987.
credulity. [Art. 264, RPC].
Administrative due process. [The procedural
Administration. The aggregate of those per- due process in administrative or quasi-
sons in whose hands the reins of govt. are judicial tribunal which] is recognized to in-
for the time being [the chief ministers or clude (a) the right to notice, be it actual or
heads of departments]. [US v. Dorr, GR constructive, of the institution of the pro-
1051. May 19, 1903]. Compare with Gov- ceedings that may affect a person's legal
ernment. rights; (b) reasonable opportunity to appear
and defend his rights, introduce witnesses
and relevant evidence in his favor, (c) a tri-

27
bunal so constituted as to give him reason- professionals engaged by them; and (f) that
able assurance of honesty and impartiality, are otherwise authorized or mandated under
and one of competent jurisdiction; and (d) a [RA 10142] or such other expenses as may
finding or decision by that tribunal supported be allowed by the Sup. Court in its rules.
by substantial evidence presented at the [Sec. 4, RA 10142]. 2. (a) Reasonable and
hearing, or at least contained in the records necessary expenses that are incurred in
or disclosed to the parties affected. [Air Ma- connection with the filing of the petition; (b)
nila, Inc. v. Balatbat, GR L-29064, Apr. 29, expenses incurred in the ordinary course of
1971]. business after the issuance of the stay or-
der, excl. interest payable to the creditors for
Administrative due process. Cardinal rules
loans and credit accommodations existing at
for procedural due process in administrative
the time of the issuance of the stay order,
or quasi-judicial tribunal: 1. The right to a
and (c) other expenses that are authorized
hearing, which includes the right to present
under the Rules of Proc. on Corporate Re-
one‘s case and submit evidence in support
hab. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec.
thereof; 2. The tribunal must consider the
2, 2008].
evidence presented; 3. The decision must
have something to support itself; 4. The evi- Administrative feasibility. One of the canons
dence must be substantial. Substantial evi- of a sound tax system. It simply means that
dence is such reasonable evidence as a the tax system should be capable of being
reasonable mind might accept as adequate effectively administered and enforced with
to support a conclusion; 5. The decision the least inconvenience to the taxpayer.
must be based on the evidence presented at Non-observance of the canon, however, will
the hearing, or at least contained in the rec- not render a tax imposition invalid ―except to
ord and disclosed to the parties affected; 6. the extent that specific constitutional or stat-
The tribunal or body or any of its judges utory limitations are impaired. [Diaz v. Sec.
must act on its or his own independent con- of Finance, GR 193007, July 19, 2011].
sideration of the law and facts of the contro-
Administrative functions. 1. The executive
versy, and not simply accept the views of a
machinery of govt. and the performance by
subordinate; and 7. The tribunal or body
that machinery of governmental acts. It re-
should render its decision in such manner
fers to the management actions, determina-
that the parties to the proceeding can know
tions, and orders of executive officials as
the various issues involved and the reason
they administer the laws and try to make
for the decision rendered. [Ang Tibay v. CIR,
govt. effective. There is an element of posi-
GR 46496. Feb. 27, 1940]. Compare with
tive action, of supervision or control. [In Re:
Judicial due process.
Manzano, AM 88-7-1861-RTC. Oct. 5,
Administrative expenses. 1. Those reasona- 1988]. 2. Those which involve the regulation
ble and necessary expenses: (a) incurred or and control over the conduct and affairs of
arising from the filing of a petition under the individuals for their own welfare and the
provisions of RA 10142; (b) arising from, or promulgation of rules and regulations to bet-
in connection with, the conduct of the pro- ter carry out the policy of the legislature or
ceedings under RA 10142, incl. those in- such as are devolved upon the administra-
curred for the rehabilitation or liquidation of tive agency by the organic law of its exist-
the debtor; (c) incurred in the ordinary ence [Nasipit Integrated Arrastre v. Tapucar,
course of business of the debtor after the SP-07599-R, 29 Sep. 1978].
commencement date; (d) for the payment of
Administrative IRRs or Rules. Requisites to
new obligations obtained after the com-
be valid: 1. Its promulgation must be author-
mencement date to finance the rehabilitation
ized by the Legislature; 2. It must be within
of the debtor; (e) incurred for the fees of the
the scope of the authority given by the Leg-
rehabilitation receiver or liquidator and of the

28
islature; 3. It must be promulgated in ac- erate as a govt. policy-making body at times
cordance with the prescribed procedure; but also exercise a licensing, certifying, ap-
and 4. It must be reasonable. [Lokin v. proval or other adjudication authority which
Comelec, GR 179431-32, GR 180443, June is quasi-judicial bec. it directly affects the le-
22, 2010]. gal rights of a person. Administrative tribu-
nals are often referred to as Commission,
Administrative law. 1. That law which fixes
Authority or Board.
the org. and determines the competence of
the administrative authorities and which Administrator. 1. The person entrusted with
regulates the methods by which the func- the care, custody and management of the
tions of the govt. are performed. [Suarez, estate of a deceased person until the estate
Stat. Con., (1993), p. 38]. 2. That body of is partitioned and distributed to the heirs,
law which applies for hearings before quasi- legatees and devisees, if any. [Bench Book
judicial or administrative tribunals. for Trial Court Judges, p. 3-2]. 2. A person
who administers the estate of a person de-
Administrative Orders. Acts of the Pres.
ceased. The administrator is appointed by a
which relate to particular aspect of govern-
court and is the person who would then
mental operations in pursuance of his duties
have power to deal with the debts and as-
as administrative head shall be promulgated
sets of a person who died intestate. Female
in administrative orders. [Sec. 3, Admin.
administrators are called Administratrix. An
Code of 1987].
administrator is a Personal representative.
Administrative supervision. 1. The authority 3. Any person who acts as agent of the
of the department or its equivalent to gener- owner and manages the use of a building for
ally oversee the operations of such agencies him. [Sec. 3, RA 9514].
and to insure that they are managed effec-
Administrator’s bond. The bond [that] se-
tively, efficiently and economically but with-
cures the performance of the duties and ob-
out interference with day-to-day activities; or
ligations of an administrator [and is] condi-
require the submission of reports and cause
tioned on the faithful execution of the admin-
the conduct of management audit, perfor-
istration of the decedent‘s estate requiring
mance evaluation and inspection to deter-
the special administrator to: (a) make and
mine compliance with policies, standards
return a true inventory of the goods, chat-
and guidelines of the department; to take
tels, rights, credits, and estate of the de-
such action as may be necessary for the
ceased which come to his possession or
proper performance of official functions, incl.
knowledge; (b) truly account for such as re-
rectification of violations, abuses and other
ceived by him when required by the court;
forms of misadministration; and to review
and (c) deliver the same to the person ap-
and pass upon budget proposals of such
pointed as executor or regular administrator,
agencies but may not increase or add to
or to such other person as may be author-
them. [Sec. 38, Chap. 6, EO 292]. 2. The
ized to receive them. [Ocampo v. Ocampo,
power or authority of an officer or body to
GR 187879, July 5, 2010]. See Special
oversee that subordinate officers of bodies
administrator.
perform their assigned duties and functions
in accordance with law. Administratrix. Lat. Female administrator.
Administrative tribunal. Hybrid adjudicating Admiralty law or Maritime law. 1. That body
authorities which straddle the line bet. govt. of law relating to ships, shipping, marine
and the courts. Bet. routine govt. policy de- commerce and navigation, transportation of
cision-making bodies and the traditional persons or property by sea, etc. 2. The law
court forums lies a hybrid, sometimes called and court with jurisdiction over maritime af-
a tribunal or administrative tribunal and not fairs in general.
necessarily presided by judges. These op-

29
Admissibility. Acceptability by virtue of being [Sec. 30, Rule 130, RoC]. 2. An exception to
admissible. the Res inter alios acta rule.
Admissibility of evidence. The acceptability Admission by conspirator. Evid. Requisites:
of evidence when it is relevant to the issue (a) that the conspiracy be first proved by ev-
and is not excluded by the law of the Rules idence other than the admission itself; (b)
of Court. [Sec. 3, Rule 128, RoC]. that the admission relates to the common
objects; and (c) that it has been made while
Admissible. 1. Acceptable or valid, esp. as
the declarant was engaged in carrying out
evidence in a court of law. 2. Having the
the conspiracy. [People v. Surigawan, GR
right to be admitted to a place.
83215. Dec. 15, 1993].
Admissible evidence. 1. Evidence which is
Admission by co-partner or agent. Evid. The
relevant to the issues and is competent, i.e.,
act or declaration of a partner or agent of
it is not excluded by the law or the Rules of
the party within the scope of his authority
Court. [Evidence: Basic Principles and Se-
and during the existence of the partnership
lected Problems, J. Benipayo, UST Law Re-
or agency, which may be given in evidence
view, Vol. XLVIII, Jan.-Dec. 2004]. 2. Evi-
against such party after the partnership or
dence that can be legally and properly intro-
agency is shown by evidence other than
duced in a civil or criminal trial.
such act or declaration. The same rule ap-
Admission. Evid. 1. The act, declaration or plies to the act or declaration of a joint own-
omission of a party as to a relevant fact er, joint debtor, or other person jointly inter-
which may be given in evidence against ested with the party. [Sec. 29, Rule 130,
him. [Sec. 26, Rule 130, RoC]. 2. A state- RoC].
ment tending to establish the guilt or liability
Admission by privies. Evid. The act, declara-
of the person making the statement. Com-
tion, or omission of one from whom another
pare with Confession.
derives title to property, while holding the ti-
Admission against interest. Evid. [That ad- tle, in relation to the property, which may be
mission] made by a party to a litigation or by given in evidence against the latter. [Sec.
one in privity with or identified in legal inter- 31, Rule 130, RoC].
est with such party, and are admissible
Admission by silence. Evid. 1. An act or
whether or not the declarant is available as
declaration made in the presence and within
a witness. [Unchuan v. Lozada, GR 172671,
the hearing or observation of a party who
Apr. 16, 2009]. See Admissions against
does or says nothing when the act or decla-
interest.
ration is such as naturally to call for action or
Admission against interest. Evid. Rationale: comment if not true, and when proper and
The rule is based on the presumption that possible for him to do so, which may be giv-
no man would declare anything against him- en in evidence against him. [Sec. 30, Rule
self unless such declaration was true. Thus, 132, RoC]. 2. The act or declaration made in
it is fair to presume that the declaration cor- the presence and within the observation of a
responds with the truth, and it is his fault if it party who does or says nothing when the
does not. [Rufina Patis Factory v. Alusitain, act or declaration is such as naturally to call
GR 146202 July 14, 2004]. for action or comment if not true, [which]
may be given in evidence against him. [Sec.
Admission by conspirator. Evid. 1. The act 8, Rule 123, RoC].
or declaration of a conspirator relating to the
conspiracy and during its existence, which Admission by silence. Evid. Requisites: (a)
may be given in evidence against the co- That he heard and understood the state-
conspirator after the conspiracy is shown by ment; (b) that he was at liberty to interpose
evidence other than such act of declaration. a denial; (c) that the statement was in re-

30
spect to some matter affecting his rights or Adopt-a-School Act of 1998. RA 8525 enti-
in which he was then interested, and calling, tled ―An Act establishing an ‗Adopt-A-School
naturally, for an answer; (d) that the facts Program,‘ providing incentives therefor, and
were within his knowledge; and (e) that the for other purposes‖ enacted on Feb. 14,
fact admitted or the inference to be drawn 1998.
from his silence would be material to the is-
Adoption. 1. An act by which relations of pa-
sue. [People v. Paragsa, GR L-44060. July
ternity and affiliation are recognized as le-
20, 1978].
gally existing bet. persons not so related by
Admission to the bar. An admission to prac- nature. The taking into one's family of the
tice law. It is acquired when a lawyer re- child of another as son or daughter and heir
ceives a license to practice law. Also called and conferring on it a title to the rights and
Admitted to the bar. privileges of such. The purpose of an adop-
tion proceeding is to effect this new status of
Admissions against interest. Evid. Those
relationship bet. the child and its adoptive
made by a party to a litigation or by one in
parents, the change of name which fre-
privity with or identified in legal interest with
quently accompanies adoption being more
such party, and are admissible whether or
an incident that the object of the proceeding.
not the declarant is available as a witness.
[Rep. v. CA, GR 97906. May 21, 1992]. 2.
[Unchuan v. Lozada, GR 172671, Apr. 16,
The juridical act which creates bet. 2 per-
2009]. Compare with Declaration/s against
sons a relationship similar to that which re-
interest.
sults from legitimate paternity and filiation.
Admit. To grant to be real, valid, or true; [Prasnick v. Rep., 98 Phil 655].
acknowledge.
Adoption proceeding. A proceeding in rem or
Admitted to the bar. An admission to practice against the whole world. The court acquires
law. It is acquired when a lawyer receives a jurisdiction simply by publication.
license to practice law. Also called Admis-
Adoptive. 1. As a result of the adoption of
sion to the bar.
another's child, as in "adoptive parents".
Admonish. To advise or caution. Denoting a country or city to which a person
has moved and in which they have chosen
Admonition. A gentle or friendly reproof, a to make their permanent place of residence.
mild rebuke, warning or reminder, counsel-
ing, on a fault, error or oversight, an expres- Adoptive admission. A party‘s reaction to a
sion of authoritative advice or warning. They statement or action by another person when
are not considered as penalties. [Tobias v. it is reasonable to treat the party‘s reaction
Veloso, GR L-40224. Sep. 23, 1980]. as an admission of something stated or im-
plied by the other person. [Estrada v.
ADO. See Allow Departure Order. Desierto, GR 146710-15. Apr. 3, 2001].
Adolescence. The period following the onset Adoptive parent. A person who adopts a child
of puberty during which a young person de- of other parents as his or her own child.
velops from a child into an adult.
ADR. Abbrev. for Alternative dispute resolu-
Adolescent. Young people bet. the ages of 10 tion.
to 19 years who are in transition from child-
hood to adulthood. [Sec. 4, RA 10354]. ADR Laws. The whole body of ADR laws in
the Phil.s. [Special Rules of Court on ADR,
Adopt. 1. Legally take another's child and Rule 1.11, AM 07-11-08-SC, Sep. 1, 2009].
bring it up as one's own. 2. Take up or start
to use or follow an idea, method, or course ADR practitioners. Individuals acting as me-
of action. diator, conciliator, arbitrator or neutral eval-
uator. [Sec. 3, RA 9285].

31
ADR providers. Institutions or persons ac- ary of the property but his use thereof is
credited as mediator, conciliator, arbitrator, secondary only to the collective daily needs
neutral evaluator, or any person exercising of the family. 2. Property earned or acquired
similar functions in any alternative dispute by the child through his work or industry or
resolution system [ADR]. This is without by onerous or gratuitous title.entitled. Com-
prejudice to the rights of the parties to pare with Profectitious property.
choose non-accredited individuals to act as
Adversarial. 1. Involving or characterized by
mediator, conciliator, arbitrator, or neutral
conflict or opposition. 2. Opposed; hostile.
evaluator of their dispute. [Sec. 3, RA 9285].
Adversarial or Contentious action or pro-
Adult. One who has attained maturity or legal
ceedings. Rem. Law. An action or proceed-
age.
ings having opposing parties; [is] contested,
Adulterate. To render something poorer in as distinguished from an ex parte hearing or
quality by adding another substance, typical- proceeding, of which the party seeking relief
ly an inferior one. has given legal notice to the other party and
afforded the latter an opportunity to contest
Adulterated. Carcasses, or any part thereof,
it. [Manila Golf v. IAC, GR 64948. Sep. 27,
whether meat or meat product under one or
1994].
more of the categories [listed in Sec. 4 a) to
j) of RA 9296. [Sec. 4, RA 9296]. Adversary. One's opponent in a contest, con-
flict, or dispute.
Adulterous. Of or involving adultery.
Adversary proceeding. Rem. Law. 1. One
Adultery. Crim. Law. 1. The felony committed
having opposing parties; contested, as dis-
by any married woman who shall have sex-
tinguished from an ex parte application, one
ual intercourse with a man not her husband
of which the party seeking relief has given
and by the man who has carnal knowledge
legal warning to the other party, and afford-
of her knowing her to be married, even if the
ed the latter an opportunity to contest it. [GR
marriage be subsequently declared void.
L-32181, Mar. 5, 1986]. 2. A proceeding
[Art. 333, RPC]. 2. Voluntary sexual inter-
having opposing parties such as a plaintiff
course bet. a married person and another
and a defendant. Individual lawsuit(s)
person who is not his/her married spouse.
brought within a bankruptcy proceeding.
Advance. Done, sent, or supplied beforehand.
Adverse. Preventing success or development;
Advance sheet. A promulgated decision of the harmful; unfavorable.
court which is made available in a temporary
Adverse claim. A claim of any part or interest
form prior to printing or publication.
in registered land adverse to the registered
Advantage. A more favorable or improved owner, arising subsequent to the date of the
position or condition; benefit, profit or gain of orig. registration. [Sec. 110, Act 496].
any kind; benefit from some course of ac-
Adverse interest. Such interest of a witness -
tion. [Sison v. People, GR 170339, 170398-
so as to permit cross-examination by the
403, Mar. 9, 2010].
party calling him - as would be so involved
Adventitious. Not inherent but added extrinsi- in the event of the suit that a legal right or li-
cally; accidental. ability will be acquired, lost, or materially af-
fected by the judgment, and must be such
Adventitious property. 1. Property earned or as would be promoted by the success of the
acquired by the minor child through his work adversary of the party calling him.
or industry by onerous or gratuitous title. It is
owned by the child but is administered by Adverse party. A party to an action whose
the parents. The child is also the usufructu- interests are opposed to or opposite the in-
terests of another party to an action.

32
Adverse possession. 1. The possession of should not resort to indirect advertisements
land, without legal title, for a period of time for professional employment, such as fur-
sufficient to become recognized as legal nishing or inspiring newspaper comments,
owner. The more common word for this is or procuring his photograph to be published
Squatters. 2. The method of acquiring real in connection with causes in which the law-
property under certain conditions by pos- yer has been or is engaged or concerning
session for a statutory period. the manner of their conduct, the magnitude
of the interest involved, the importance of
Adverse possession (of a co-owner). Requi-
the lawyer's position, and all other like self-
sites: (a) That [the co-owner] has performed
laudation. [Ulep v. Legal Clinic, Bar Matter
unequivocal acts of repudiation amounting
553. June 17, 1993].
to an ouster of the cestui que trust or other
co-owners, (b) that such positive acts of re- Advertisement of talent or skill, prohibition
pudiation have been made known to the on. The standards of the legal profession
cestui que trust or other co-owners, and (c) condemn the lawyer's advertisement of his
that the evidence thereon must be clear and talents. A lawyer cannot, without violating
convincing. [Salvador v. CA, GR 109910 the ethics of his profession, advertise his
Apr. 5, 1995]. talents or skills as in a manner similar to a
merchant advertising his goods. The pro-
Advertising. The activity or profession of pro-
scription against advertising of legal ser-
ducing advertisements for commercial prod-
vices or solicitation of legal business rests
ucts or services.
on the fundamental postulate that the prac-
Advertisement. 1. Any visual and/or audible tice of law is a profession. [Ulep v. Legal
message disseminated to the public about Clinic, Bar Matter 553. June 17, 1993].
or on a particular product that promote and
Advertiser. 1. The client of the advertising
give publicity by words, designs, images or
agency or the sponsor of the advertisement
any other means through broadcasts, elec-
on whose account the advertising is pre-
tronic, print or whatever form of mass me-
pared, conceptualized, presented or dissem-
dia, incl. outdoor advertisements, such as
inated. [Art. 4, RA 7394]. 2. A person or enti-
but no limited to signs and billboards. [Sec.
ty on whose account of for whom an adver-
4, RA 9211]. 2. The prepared and through
tisement is prepared and disseminated by
any form of mass medium, subsequently
the advertising agency, which is service es-
applied, disseminated or circulated advertis-
tablished and operated for the purpose of
ing matter. [Art. 4, RA 7394].
counseling or creating and producing and/or
Advertisement by lawyer, rule on. The Code implementing advertising program in various
of Professional Responsibility provides that forms of media. [Sec. 4, RA 9211].
a lawyer in making known his legal services
Advertising. 1. The business of conceptualiz-
shall use only true, honest, fair, dignified
ing, presenting, making available and com-
and objective information or statement of
municating to the public, through any form of
facts. He is not supposed to use or permit
mass media, any fact, data or information
the use of any false, fraudulent, misleading,
about the attributes, features, quality or
deceptive, undignified, self-laudatory or un-
availability of consumers products, services
fair statement or claim regarding his qualifi-
or credit. [Sec. 4, RA 9211]. 2. The business
cations or legal services. Nor shall he pay or
of conceptualizing, presenting or making
give something of value to representatives
available to the public, through any form of
of the mass media in anticipation of, or in re-
mass media, fact, data or information about
turn for, publicity to attract legal business.
the attributes, features, quality or availability
Prior to the adoption of the Code of Profes-
of consumer products, services or credit.
sional Responsibility, the Canons of Profes-
[Art. 4, RA 7394].
sional Ethics had also warned that lawyers

33
Advertising agency or agent. A service org. Aerial domain. The airspace above the terres-
or enterprise creating, conducting, produc- trial domain and the maritime and fluvial
ing, implementing or giving counsel on pro- domain of the state, to the limits of the at-
motional campaigns or programs through mosphere but does not include outer space.
any medium for and in behalf of any adver- [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67].
tiser. [Art. 4, RA 7394].
Aerial work. an aircraft operation in which an
Advice. Guidance or recommendations con- aircraft is used for specialized services such
cerning prudent future action, typically given as agriculture, construction, photography,
by someone regarded as knowledgeable or surveying, observation and patrol, search
authoritative. and rescue, aerial advertisement, etc. [Sec.
3, RA 9497].
Advise. To give advice.
Aerodrome. An airport, a defined area on land
Adviser. A lawyer, accountant, auditor, finan-
or water [incl. any building, installation and
cial or business consultant, and such other
equipment] intended to be used either whol-
persons rendering professional advisory
ly or in part for the arrival, departure and
services to the REIT. [Sec. 3, RA 9856].
surface movement of aircraft. [Sec. 3, RA
Advisory. An official announcement. 9497].
Advocacy. 1. Public support for or recom- Aeronautical. Of or pertaining to aeronautics.
mendation of a particular cause or policy. 2.
Aeronautical telecommunication station.
The profession or work of a legal advocate.
Any station operated to provide telecommu-
Advocate. A person who champions the nications for aeronautical purposes. [Sec. 3,
cause of another in a court of law. It usu. re- RA 9497].
fers to a legal counselor- or attorney-at-law.
Aeronautical telecommunication. [It] in-
AEP. See Alien Employment Permit. cludes any telegraph or telephone commu-
nication signs, signals, writings, images and
Aequetas nunquam contravenit legis. Lat.
sounds of any nature, by wire, radio or other
Equity is not applied against the law. [Aguila systems or processes of signaling, used in
v. CFI, GR L-48335 Apr. 15, 1988]. the aeronautical service. [Sec. 3, RA 9497].
Aequitas non facit jus, sed juri auxiliatur. Aeronautics or Aviation. The science and art
Lat. Equity does not make the law, but sup- of flight. [Sec. 3, RA 9497].
ports the law. [Borja v. CA, GR 95667. May
8, 1991]. AES. See Automated Election System.
Aequitas rem ipsam intuetur de forma et Affiant. The person who makes and sub-
circumstantiis minus anxia. Lat. Equity scribes an affidavit.
regards not the form but the substance of
Affidavit. 1. A statement which before being
the act.
signed, the person signing takes an oath
Aequitas sequitur legem. Lat. Equity follows that the contents are, to the best of their
the law. knowledge, true. It is also signed by a notary
or some other judicial officer that can admin-
Aequum et bonum est lex legum. Lat. That
ister oaths, to the effect that the person
which is equitable and right is the law of signing the affidavit was under oath when
laws. doing so. These documents carry great
Aerial. Existing, happening, or operating in the weight in Courts to the extent that judges
air. frequently accept an affidavit instead of the
testimony of the witness. 2. A voluntary,
written, or printed declaration of facts, con-

34
firmed by oath of the party making it before directly or indirectly, through one or more in-
a person with authority to administer the termediaries, is controlled by, or is under the
oath. common control of another corp. [Sec. 4, RA
10142]. 3. A corp. that directly or indirectly,
Affidavit evidence. An affidavit made before
through one or more intermediaries, is con-
the notary public in actions for infringement,
trolled by, or is under the common control of
reciting the facts required to be stated under
another corp., which thereby becomes its
the IPC. [Sec. 216.1, IPC]. As a prima facie
parent corp. [Sec. 3, RA 9856; Sec. 1, Rule
proof, the affidavit shifts the burden of proof
2, AM 00-8-10-SC, Dec. 2, 2008]. 4. A corp.,
to the defendant to prove the ownership of
the voting stock of which, to the extent of
the copyrighted work.
50% or less, is owned by a bank or quasi-
Affidavit of consolidation of ownership. A bank which is related or linked to such insti-
sworn statement executed by the vendee-a- tution through common stockholders or such
retro to the effect that the period of repur- other factors as may be determined by the
chase has expired and the vendor failed to Monetary Board of the BSP. [Sec. 3, RA
exercise his right to repurchase. 9474].
Affidavit of desistance. A sworn statement, Affiliate of, or affiliated with, a specified
executed by a complainant in a criminal or person. A person that directly or indirectly,
administrative case, that he or she is discon- through one or more intermediaries,
tinuing or disavowing his complaint for controls, or is controlled by, or is under
whatever reason he or she may site. [Peo- common control with, the person specified.
ple v. Dela Cerna, GR 136899-904. Oct. 9, Exercising control over a legal entity shall
2002]. mean any one of the following: (a) owning
either solely or together with affiliated
Affidavit of general financial condition. A persons more than 25% of the outstanding
verified statement on the general financial
capital stock of a legal entity; and (b) being
condition of the debtor required in Sec. 2, an officer or director of such legal entity.
Rule 4 of the Rules of Proc. on Corporate [Sec. 4, RA 9829].
Rehab. [Sec. 1, Rule 2, AM 00-8-10-SC,
Dec. 2, 2008]. Affiliated corporation. 1. A corp. that is
owned or subject to common corporate con-
Affidavit of good faith. A certificate included
trol by another corp. and operated as part of
in the chattel mortgage contract executed by the latter‘s business. [Sec. 3, RA 9483]. 2. A
both mortgagor and mortgagee stating that: corp. related to another by owning or being
1. The obligation is valid, just and subsist-
owned by common management or by a
ing; and 2. It is not one entered into for pur- long-term lease of its properties or other
poses of fraud. control device. An affiliation exists bet. a
Affidavit of merit. An affidavit showing the holding or parent company and its subsidi-
fraud, accident, mistake, or excusable negli- ary, or bet. 2 corps. owned or controlled by
gence relied upon, and the facts constituting a 3rd. [De Leon, Corp. Code of the Phil. An-
the petitioner's good and substantial cause notated, 1989 Ed., p. 40].
of action or defense, as the case may be. It Affiliation. Adoption; association or reception
serves as the jurisdictional basis for the as a member in or of the same family or so-
court to entertain a petition for relief. [Garcia ciety.
v. CA, GR 96141. Oct. 2, 1991].
Affinity. 1. The connection existing in conse-
Affiliate. 1. A corp. 50% or less of the out- quence of a marriage, bet. each of the mar-
standing capital stock of which is owned or ried persons and the kindred of the other.
controlled, directly or indirectly, by the
[Paras, Phil. Conflict of Laws, 8th Ed. (1996),
GOCC. [Sec. 3, RA 10149]. 2. A corp. that p. 308]. 2. The relationship of a husband to

35
the blood relatives of his wife, or of a wife to Affirmed. In the practice of appellate courts,
the blood relatives of her husband. [CSC‘s the word means that the decision of the trial
Guidelines on the use of the rev. SALN court is found to be correct on appeal.
form]. Compare with Consanguinity.
Afflictive. Characterized by or causing pain,
Affirm. 1. State as a fact; assert strongly and distress, or grief; distressing.
publicly. 2. Declare one's support for; uphold
Afflictive penalties. The following are afflic-
or defend.
tive penalties under the Rev. Penal Code:
Affirmation. A solemn and formal declaration Reclusion perpetua, reclusion temporal,
that an affidavit is true. This is substituted perpetual or temporary absolute disqualifica-
for an oath in certain cases. Compare with tion, perpetual or temporary special disquali-
Oath. fication, prision mayor, and fine, whether
imposed as a single of as an alternative
Affirmation or Oath. An act in which an indi-
penalty, which exceeds 6,000 pesos. [Arts.
vidual on a single occasion: (a) appears in
25-26, RPC].
person before the notary public; (b) is per-
sonally known to the notary public or identi- Afford. Have enough money to pay for.
fied by the notary public through competent
Affordable. Inexpensive; reasonably priced,
evidence of identity as defined by [the]
as in"affordable housing."
Rules; and (c) avows under penalty of law to
the whole truth of the contents of the instru- Affordable cost. The most reasonable price of
ment or document. [Sec. 2, Rule II, AM 02- land and shelter based on the needs and fi-
8-13-SC]. nancial capability of Program beneficiaries
and appropriate financing schemes. [Sec. 3,
Affirmative. Agreeing with a statement or to a
RA 7279].
request.
Affreightment. A transportation contract
Affirmative defense. Rem. Law. 1. An allega-
whereby a transportation company, ship-
tion of new matter which, while admitting the
owner or operator agrees to carry goods in
material allegations of the complaint, ex-
return for a sum of money, the sum being
pressly or impliedly, would nevertheless
paid called freight.
prevent or bar recovery by the plaintiff. The
affirmative defenses include fraud, statute of Affreightment contract. 1. A contract by
limitations, release payment, illegality, stat- which the owner of a ship or other vessel
ute of frauds, estoppel, former recovery, lets the whole or a part of her to a merchant
discharge in bankruptcy, and all other matter or other person for the conveyance of
by way of confession and avoidance. [Sec. goods, on a particular voyage, in considera-
5, Rule 6, RoC]. 2. A defense raised in a re- tion of the payment of freight. [Planters
sponsive pleading [answer] relating a new Products v. CA, GR 101503. Sep. 15, 1993].
matter as a defense to the complaint; af- 2. A contract with the ship owner to hire his
firmative defenses might include contributo- ship or part of it, for the carriage of goods,
ry negligence or estopped in civil actions; in and generally takes the form either of a
criminal cases insanity, duress, or self- charter party or a bill of lading. [Market De-
defense might be used. Compare with Neg- velopers v. IAC, GR 74978. Sep. 8, 1989].
ative defense.
AFMA. See Agriculture and Fisheries Mod-
Affirmative representation. Ins. Any allega- ernization Act of 1997.
tion as to the existence or non-existence of
AFMech Law. See Agricultural and Fisher-
a fact when the contract begins. E.g. The
statement of the insured that the house to ies Mechanization Law.
be insured is used only for residential pur- AFP. See Armed Forces of the Philippines.
poses is an affirmative representation.

36
AFTA. Asian Free Trade Agreement initiated Age of criminal responsibility. The age
by the Assoc. of South East Asian Nations. when a child, 15 years and 1 day old or
[Sec. 3, RA 9367]. above but below 18 years of age, commits
an offense with discernment. [Rule on Juve-
After care services. The provision of interven-
niles in Conflict with The Law, AM 02-1-18-
tions, approaches, and strategies with the
SC, Nov. 24, 2009].
end goal of ensuring effective reintegration
of older persons discharged from residential Age of gestation. The length of time the fetus
facilities. [Art. 5, IRR of RA 9994]. is inside the mother's womb. [Sec. 3, RA
10028; Sec. 3, RA 7600].
After date. The date of issuance of the nego-
tiable instrument. Age of majority. It commences at the age of
18 years. [Art. 234, FC, as amended by RA
After sight. The date of presentment for ac-
6809]. Also, Majority.
ceptance to the drawee of the negotiable in-
strument. Aged. Having lived or existed for a long time;
old.
After-acquired property. Property acquired
during the interval bet. the execution of the Agencies under the Office of the President.
will and the death of the testator which are Those offices placed under the chairman-
not, as a rule, included among the proper- ship of the Pres., those under the supervi-
ties disposed of, unless it should expressly sion and control of the Pres., those under
appear in the will itself that such was the in- the administrative supervision of the Office
tention of the testator. [Jurado, Comments & of the Pres., those attached to it for policy
Jurisp. on Succ., 1991, 8th Ed., p. 35]. and program coordination, and those that
are not placed by law or order creating them
After-cataract. See Secondary cataract.
under any specific department. [Sec. 23,
Agabon doctrine. Labor. In cases involving Chap. 8, Title II, Admin. Code of 1987].
dismissals for cause but without observance
Agency. 1. Civ. Law. A relationship bet. 2
of the twin requirements of notice and hear-
parties whereby one party, called the princi-
ing, the better rule is to abandon the Serra-
pal, authorizes another, called the agent, to
no doctrine and to follow Wenphil [doctrine]
act for and in his behalf on transactions with
by holding that the dismissal was for just
3rd persons. [Rallos v. Chan, GR L-24332.
cause but imposing sanctions on the em-
Jan. 31, 1978]. 2. Civ. Serv. Any bureau, of-
ployer. [From Agabon v. NLRC, GR 158693,
fice, commission, administration, board,
Nov. 17, 2004]. Compare with Serrano doc-
committee, institute, corp., whether perform-
trine and Wenphil doctrine.
ing governmental or proprietary function, or
Agama. Sanskrit word which means ―Acquisi- any other unit of the Natl. Govt., as well as
tion of knowledge.‖ Subsequently, it has provincial, city or municipal govt. [Sec. 3, PD
come to mean religion or court. Hence, 807].
Agama court refers to a Muslim religious
Agency. Civ. Law. Essential elements: (a)
court.
There is consent, express or implied of the
Agama Arbitration Council. A body com- parties to establish the relationship; (b) the
posed of the Chairman and a representative object is the execution of a juridical act in re-
of each of the parties to constitute a council lation to a third person; (c) the agent acts as
to take all necessary steps for resolving con- a representative and not for himself, and (d)
flicts bet. them. [Art. 7, PD 1083 (Code of the agent acts within the scope of his au-
Muslim Personal Laws of the Phils.)]. thority. [Rallos v. Felix Go Chan & Sons Re-
alty Corp., GR L-24332 Jan. 31, 1978].
Age. The length of time during which a being
or thing has existed.

37
Agency Budget Matrix (ABM). Disaggrega- Agency shop. Labor. An agreement under
tion of the agency budget showing the need- which employees who do not join the union
ing and not needing clearance to determine must pay dues as a condition of employ-
the items to be issued SAROs as well as the ment to help defray the union expenses as a
amount to be released comprehensively. bargaining agent for the group or all the em-
ployees. This is otherwise know as the ―anti-
Agency by estoppel doctrine. Also known as
free rider‖ or ―hitchhiker‖ clause in the CBA.
the Holding out doctrine. The doctrine
[Poquiz, Labor Rel. Law, 1999 Ed. p. 157].
where the principal will be estopped from
denying the grant of authority if 3rd parties Agency to sell. A contract whereby a person
have changed their positions to their detri- who received goods from another is obligat-
ment in reliance on the representations ed to return them to the latter if ever he is
made. unable to sell them.
Agency contract. A contract whereby a per- Agency-hired workers. Labor. Those hired
son binds himself to render some service or through agencies or contractors to perform
to do something in representation or on be- or complete a job, work or service within the
half of another, with the consent or authority premises of the establishment. They are ex-
of the latter. [Art. 1868, CC]. cluded from the total employment of the es-
tablishment.
Agency coupled with an interest. 1. An
agency created not only for the interest of Agent. Civ. Law. 1. A person who, by the con-
the principal but also for the interest of a 3rd tract of agency, binds himself to render
person; or 2. One created for the mutual in- some service or to do something in repre-
terest of both the principal and the agent. sentation or on behalf of another, with the
[Diaz, Bus. Law Rev., 1991 Ed., p. 171]. consent or authority of the latter. [Art. 1868,
CC]. 2. A person who has received the
Agency fee. A reasonable amount assessed
power to act on behalf of another, binding
and checked off by a labor union from the
that other person as if he were himself mak-
wage of a non-union member in the collec-
ing the decisions. The person who is being
tive bargaining unit who accepts the benefits
represented by the agent is referred to as
of the labor contract negotiated by the un-
the principal. See also Representative.
ion. Note that the amount collected shall be
equal to the fee collected from the members Agent. Corp. Law. 1. For purposes of serving
even as no check-off authorization is re- court processes on juridical persons, A rep-
quired in such cases. [Art. 248 (e), LC]. resentative so integrated with the corp. sued
as to make it a priori supposable that he will
Agency of the government. Any of the vari-
realize his responsibilities and know what he
ous units of the Govt., incl. a department,
should do with any legal papers served on
bureau, office, instrumentality, or GOCC, or
him. x x x. [Pasig Cylinder Mfg. Corp. v. Rol-
a local govt. or a distinct unit therein. [Sec.
lo, GR 173631, Sep. 8, 2010]. 2. [I]t does
2, Admin. Code of 1987].
not necessarily connote an officer of the
Agency Performance Review (APR). The corp. However, though this may include em-
process of determining the level of accom- ployees other than officers of a corp., this
plishment of each agency in terms of physi- does not include employees whose duties
cal outputs, income generated, and actual are not so integrated to the business that
expenditures incurred in the produc- their absence or presence will not toll the
tion/delivery of goods and services to the entire operation of the business. [Pabon v.
public vis-à-vis the targets or budgets for the NLRC, GR 120457. Sep. 24, 1998].
same period.
Agent of a person in authority. A person
who, by direct provision of law or by election

38
or by appointment by competent authority, is the commission of the crime, the time and
charged with the maintenance of public or- place of its commission, the means em-
der and the protection and security of life ployed or the personal circumstances of the
and property, such as a barrio councilman, offender. [Gregorio, Fund. of Crim. Law
barrio policeman and barangay leader and Rev., 1997 9th Ed., p. 52]. Compare with
any person who comes to the aid of persons Mitigating circumstances.
in authority. [Art. 152, RPC, as amended by
Aggravation. Something that causes an in-
PD 299 and BP 873].
crease in intensity, degree, or severity.
Agent provocateur. A person who induces
Aggregate. A whole formed by combining
others to break the law so that they can be
several [typically disparate] elements.
convicted.
Aggregator. A person or entity, engaged in
Agente administrador. Sp. Managing agent.
consolidating electric power demand of end-
Agente de negocios. Sp. See Business users in the contestable market, for the pur-
agent. pose of purchasing and reselling electricity
on a group basis. [Sec. 4, RA 9136].
Agents of the State. Persons who, by direct
provision of the law, popular election or ap- Aggression. Intl. Law. The use of armed force
pointment by competent authority, shall take by a state against the sovereignty, territorial
part in the performance of public functions in integrity or political independence of another
the govt., or shall perform in the govt. or in state or in any other manner inconsistent
any of its branches public duties as an em- with the UN Charter. [Cruz, Intl. Law Re-
ployee, agent or subordinate official, of any viewer, 1996 Ed., p. 50].
rank or class. [Sec. 3, RA 10353].
Aggrieved. Feeling resentment at having been
AGFP. See Agricultural Guarantee Fund unfairly treated.
Pool.
Aggrieved party. See Person aggrieved.
Aggravate. To make worse, more serious, or
Agrarian. Of or relating to cultivated land or
more severe.
the cultivation of land.
Aggravated. Made more serious by attendant
Agrarian dispute. 1. Any controversy relating
circumstances [such as frame of mind].
to tenurial arrangements, whether lease-
Aggravated illegal possession of firearm. hold, tenancy, stewardship or otherwise,
The use of unlicensed firearm in the com- over lands devoted to agriculture, incl. dis-
mission of homicide or murder which aggra- putes concerning farmworkers' assocs. or
vates the crime and makes it more heavily representation of persons in negotiating, fix-
punished with the capital punishment. [Peo- ing, maintaining, changing, or seeking to ar-
ple v. Caling, GR 94784. May 8, 1992]. range terms or conditions of such tenurial
Compare with Simple illegal possession arrangements. [Sec. 3, RA 6657]. 2. It in-
of firearm. cludes any controversy relating to compen-
sation of lands acquired and other terms
Aggravating. Make [a problem, injury, or of-
and conditions of transfer of ownership from
fense] worse or more serious. Annoy or ex-
landowner to farmworkers, tenants, and
asperate (someone), esp. persistently.
other agrarian reform beneficiaries, whether
Aggravating circumstances. Those circum- the disputants stand in the proximate rela-
stances that serve to increase the penalty tion of farm operator and beneficiary, land-
without exceeding the maximum provided by owner and tenant, or lessor and lessee. It
law bec. of the greater perversity of the of- relates to any controversy relating to, among
fender as shown by the motivating power of others, tenancy over lands devoted to agri-

39
culture. [Vide Amurao v. Villalobos, GR feeds and other similar items; acquisition of
157491, June 20, 2006]. lands authorized under the Comprehensive
Agrarian Reform Law (CARL); construction
Agrarian reform. Redistribution of land, re-
or acquisition of facilities for the production
gardless of crops or fruits produced, to
and effective merchandising of agricultural
farmers and regular farmworkers who are
commodities. [Sec. 4, RA 7607].
landless, irrespective of tenurial arrange-
ment, to include the totality of factors and Agreation. Intl. Law. The practice now ob-
support services designed to lift the eco- served by most states by means of which
nomic status of the beneficiaries and all oth- inquiries are addressed to the receiving
er arrangements alternative to the physical state regarding a proposed diplomatic rep-
redistribution of lands, such as production or resentative of the sending state. It is only
profit-sharing, labor administration, and the when the receiving state manifests its agre-
distribution of shares of stock, which will al- ment or consent that the diplomatic repre-
low beneficiaries to receive a just share of sentative is appointed and formally accredit-
the fruits of the lands they work. [Sec. 3, RA ed. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
6657]. 83].
Agrarian reform beneficiary (ARB). Farmers Agreement. A coming together of minds; the
who were granted lands under PD 27, the coming together in accord of 2 minds on a
CARL and RA 9700 or the "Comprehensive given proposition. [Mindanao Terminal &
Agrarian Reform Extension with Reforms" Brokerage Services v. Confesor, GR
and regular farm workers who are landless, 111809. May 5, 1997].
irrespective of tenurial arrangement, who
Agreement, arrangement or accord. Intl.
benefited from the redistribution of lands,
Law. The terms are used interchangeably
regardless of crops or fruits produced, to in-
and refer to an instrument of a more limited
clude the totality of factors and support ser-
subject and of lesser importance than a for-
vices designed to lift the economic status of
mal treaty or convention. [Coquia and Santi-
the beneficiaries and all other alternative ar-
ago, Intl. Law, 3rd Ed. (1998), p. 492].
rangements to the physical distribution of
lands, such as production or profit sharing, Agrement. Intl. Law. An indication by the re-
labor administration, and the distribution of ceiving State of the acceptability of the per-
shares of stock which will allow beneficiaries son of a diplomatic envoy who is proposed
to receive a just share of the fruits of the to be appointed by another country. This is
lands they work. [Sec. 3, RA 10000]. to ensure that the diplomatic envoy that is
sent to represent his country is not a perso-
Agrarian reform community (ARC). 1. A
na non grata to the receiving State.
barangay or cluster of barangays where a
critical mass of agrarian reform beneficiaries Agri-Agra Reform Credit Act of 2009, The.
is situated. [Sec. 3, RA 10618]. 2. A baran- RA 10000 entitled ―An Act Providing for an
gay at the minimum or a cluster of contigu- Agriculture and Agrarian Reform Credit And
ous barangays where there is a critical mass Financing System Through Banking Institu-
of farmers or farm workers and which fea- tions‖ enacted on Feb, 23, 2010.
tures the main thrust of agrarian develop-
ment: land tenure improvement and effec- Agri-business activity. Any business activity
tive delivery of support services. [Sec. 4, RA involving the manufacturing, processing,
and/or production of agricultural produce,
8435].
excl. farm level agricultural or crop produc-
Agrarian reform credit. Production or other tion. [Sec. 4, RA 6977, as amended].
types of loans used for the acquisition of
Agricultural activity. Also Agricultural enter-
work animals, farm equipment and machin-
ery, seeds, fertilizers, poultry and livestock prise. See Agriculture.

40
Agricultural and fisheries machinery. Ma- fundamental and known principles of engi-
chinery and equipment for the production, neering to the peculiar condition and re-
harvesting, processing, storage, manufac- quirements of agriculture as an industry and
ture, preserving, transporting and distribu- as a field of science. [Sec. 3, RA 8559].
tion of agricultural and fisheries products. It
Agricultural enterprise. Also Agricultural
includes, but is not limited to, tractors and
activity. See Agriculture.
their attachments, power tillers, seeders,
transplanters, windmills, harvesting ma- Agricultural Guarantee Fund Pool (AGFP).
chines, crop protection and maintenance The 5% of the 2007 surplus of the GOCCs
equipment, irrigation equipment and acces- and GFIs incl. the PAGCOR, the PCSO, the
sories, greenhouses and other thermal con- SSS, and the GSIS as mandated by AO
ditioning equipment, livestock equipment, 225-A, s. 2008, and the penalties collected
fishery equipment, slaughtering equipment, from banking institutions for noncompliance
meat/fishery and crop processing equip- and undercompliance as provided under RA
ment, postharvest machines such as milling 10000. [Sec. 3, RA 10000].
machines, dryers, threshers, grain and other
strippers, agricultural transport machinery Agricultural land. 1. Land devoted to agricul-
tural activity and not classified as mineral,
and storage facilities incl. cold storage, reef-
er vans, slaughter houses and fishing boats forest, residential, commercial or industrial
of 3 gross tons or less. New agricultural and land. [Sec. 3 (c), RA 6657]. 2. Land devoted
fishery machinery includes newly imported to or suitable for the cultivation of the soil;
as well as one that has not been used since planting of crops, growing of trees, raising of
livestock, poultry, fish or aquaculture pro-
its date of manufacture. [Sec. 3, RA 10601].
duction, incl. the harvesting of such farm
Agricultural and fisheries mechanization. products and other farm activities and prac-
The development, adoption, assembly, tices performed in conjunction with such
manufacture and application of appropriate, farming operations by persons whether nat-
location specific and cost-effective agricul- ural or juridical, and not classified by law as
tural and fisheries machinery using human, mineral land, forest or timber, or natl. park,
animal, mechanical, electrical, renewable or classified for residential, commercial, in-
and other nonconventional sources of ener- dustrial or other non-agricultural uses before
gy for agricultural production and posthar- 15 June 1988. [Sec. 2.1, DAR AO 01-02]. 3.
vest / postproduction operations consistent Land devoted principally to the raising of
with agronomic conditions and for efficient crops such as rice, corn, sugar cane, tobac-
and economic farm and fishery manage- co, coconut, etc., or to pasturing, dairying,
ment towards modernization of agriculture inland fishery, salt making, and other agri-
and fisheries. [Sec. 3, RA 10601]. cultural uses, incl. timberlands and forest
lands. [Sec. 3, PD 464].
Agricultural and Fisheries Mechanization
(AFMech) Law. RA 10601 entitled ―An Act Agricultural land use conversion. The pro-
Promoting Agricultural and Fisheries Mech- cess of changing the use of agricultural land
anization Development in the Country‖ en- to non-agricultural uses. [Sec. 4, RA 8435].
acted on June 5, 2013.
Agricultural land, premature conversion of.
Agricultural engineer. A natural person who The undertaking of any development activi-
has been issued a certificate of registration ty, the results of which modify or alter the
by the Board of Agricultural Engineering and physical characteristics of the agricultural
has taken the oath of profession of agricul- lands to render them suitable for non-
tural engineers. [Sec. 3, RA 8559]. agricultural purposes, without an approved
order of conversion from the DAR. [Sec. 4,
Agricultural engineering, Practice of. The
RA 8435].
profession requiring the application of the

41
Agricultural lands. 1. Lands devoted to or stood in the Civ. Code of the Phils. [Sec.
suitable for the cultivation of the soil, plant- 166, RA 3844].
ing of crops, growing of trees, raising of live-
Agricultural lessor. A person, natural or jurid-
stock, poultry, fish or aquaculture produc-
ical, who, either as owner, civil law lessee,
tion, incl. the harvesting of such farm prod-
usufructuary, or legal possessor, lets or
ucts, and other farm activities and practices
grants to another the cultivation and use of
performed in conjunction with such farming
his land for a price certain. [Sec. 166, RA
operations by persons whether natural or ju-
3844].
ridical and not classified by law as mineral
land, forest land, residential land, commer- Agricultural mechanization. The develop-
cial land, or industrial land. [Sec. 4, RA ment, adoption, manufacture and application
8435]. 2. Lands which are arable and suita- of appropriate location-specific, and cost-
ble agricultural lands and do not include effective agricultural technology using hu-
commercial, industrial and residential lands. man, animal, mechanical, electrical and oth-
[Luz Farms v. Sec. of DAR, GR 86889, 4 er non-conventional sources of energy for
Dec. 1990]. 3. Alienable and disposable agricultural production and post-harvest op-
lands of the public domain which have been erations consistent with agronomic condi-
the subject of the land classification system tions and for efficient and economic farm
and declared as not needed for forest pur- management. [Sec. 4, RA 8435].
poses. [Sec. 4, DENR AO 2008-24].
Agricultural owner-cultivator. Any person
Agricultural lease relationship. See Share who, providing capital and management,
tenancy relationship. personally cultivates his own land with the
aid of his immediate family and household.
Agricultural leasehold relationship. Essen-
[Sec. 166, RA 3844].
tial requisites: (a) The parties are the land-
owner and the tenant or agricultural lessee; Agricultural product. 1. A specific commodity
(b) the subject matter of the relationship is under Chap. 1 to 24 of the Harmonized Sys-
agricultural land; (c) there is consent be- tem (HS) of the Commodity Classification as
tween the parties to the relationship; (d) the used in the Tariff and Customs Code of the
purpose of the relationship is to bring about Phils. [Sec. 4, RA 8800]. 2. The yield of the
agricultural production; (e) there is personal soil, such as corn, rice, wheat, rye, hay. co-
cultivation on the part of the tenant or agri- conuts, sugarcane, tobacco, root crops,
cultural lessee; and (f) the harvest is shared vegetables, fruits, flowers, and their by-
between the landowner and the tenant or products; ordinary salt; all kinds of fish; poul-
agricultural lessee. [Antonio v. Manahan, try; and livestock and animal products,
GR 176091. Aug. 24, 2011]. whether in their orig. form or not. [Sec. 131,
RA 7160].
Agricultural lessee. 1. Any person who, with
or without help from his/her immediate farm Agricultural production. Raising, growing
household, cultivates the land owned by an- and rearing of crops, livestock and fisheries
other for a certain price in money, in pro- for food, feed and as raw materials. [Sec. 2,
duce, or in both. [Sec. 3, RA 10000]. 2. A PD 2032].
person who, by himself and with the aid
available from within his immediate farm Agricultural purpose. A purpose related to
household, cultivates the land belonging to, the production, harvest, processing, manu-
facture, distribution, storage, transportation,
or possessed by, another with the latter's
consent for purposes of production, for a marketing, exhibition or disposition of agri-
price certain in money or in produce or both. cultural, fishery or marine products. [Art. 4,
RA 7394].
It is distinguished from civil lessee as under-

42
Agricultural sector. The sector engaged in clude the manufacturing or processing of
the cultivation of the soil, planting of crops, sugar, coconuts, abaca, tobacco, pineap-
growing of fruit trees, raising of livestock, ples or other farm products. [Art. 97, LC]. 2.
poultry, or fish, incl. the harvesting and mar- The art or science of cultivating the ground
keting of such farm products, and other farm and raising and harvesting crops, often, incl.
activities and practices. [Sec. 4, RA 8435]. also, feeding, breeding and management of
livestock, tillage, husbandry, farming.
Agricultural tenancy. The physical posses-
sion by a person of land devoted to agricul- Agriculture. Also Agricultural enterprise or
ture belonging to, or legally possessed by, Agricultural activity. The cultivation of the
another for the purpose of production soil, planting of crops, growing of fruit trees,
through the labor of the former and of the raising of livestock, poultry or fish, incl. the
members of his immediate farm household, harvesting of such farm products, and other
in consideration of which the former agrees farm activities and practices performed by a
to share the harvest with the latter, or to pay farmer in conjunction with such farming op-
a price certain or ascertainable, either in erations done by person whether natural or
produce or in money, or in both. [Sec. 3, RA juridical. [Sec. 3, RA 6657].
1199].
Agriculture and fisheries modernization.
Agricultural Tenancy Act of the Philippines. The process of transforming the agriculture
RA 199 entitled ―An Act to govern the rela- and fisheries sectors into one that is dynam-
tions bet. landholders and tenants of agricul- ic, technologically advanced and competitive
tural lands [leaseholds and share tenancy]‖ yet centered on human development, guid-
enacted on Aug. 30, 1954. ed by the sound practices of sustainability
and the principles of social justice. [Sec. 4,
Agricultural year. 1. The period of time re-
RA 8435].
quired for raising a particular agricultural
product, incl. the preparation of the land, Agriculture and Fisheries Modernization
sowing, planting and harvesting of crops Act (AFMA) of 1997. RA 8435 entitled ―An
and, whenever applicable, threshing of said Act prescribing urgent related measures to
crops: Provided, however, That in case of modernize the agriculture and fisheries sec-
crops yielding more than one harvest from tors of the country in order to enhance their
planting, agricultural year shall be the period profitability, and prepare said sectors for the
from the preparation of the land to the 1st challenges of globalization through an ade-
harvest and thereafter from harvest to har- quate, focused and rational delivery of nec-
vest. In both cases, the period may be essary support services, appropriating funds
shorter or longer than a calendar year. [Sec. therefor and for other purposes‖ enacted on
166, RA 3844]. 2. The period of time neces- Dec. 22, 1997.
sary for the raising of seasonal agricultural
Agro-. Pref. 1. Field; soil, as in agrology. 2.
products, incl. the preparation of the land,
Agriculture, as in agroindustrial.
and the sowing, planting and harvesting the
crop. [Sec. 5 [c], RA 1199]. Agro-industrial processing. The local activity
or series of activities to maintain or raise the
Agriculture. 1. Farming in all its branches and
quality or change the form or characteristics
among other things includes the cultivation
of agricultural, fisheries and forestry prod-
and tillage of soil, dairying, the production,
ucts. It also includes, but not limited to,
cultivation, growing and harvesting of any
cleaning, sorting, grading, mixing, milling,
agricultural and horticultural commodities,
canning, dressing, slaughtering, freezing,
the raising of livestock or poultry, and any
pasteurizing, conditioning, packaging, re-
practices performed by a farmer or on a
packing and transporting of said products.
farm as an incident to or in conjunction with
[Sec. 3, RA 10601].
such farming operations, but does not in-

43
Agro-Industry Modernization Credit and person who knowingly and in any manner
Financing Program (AMCFP). The umbrel- aiding, abetting or protecting a band of brig-
la credit or financing program of the govt. for ands as described in the Art. 306 of the Rev.
the agriculture and fisheries sector created Penal Code, or giving them information of
under RA 8435, otherwise known as the the movements of the police or other peace
"Agriculture and Fisheries Modernization Act officers of the Govt., when the latter are act-
of 1997". By design, AMCFP funds are pro- ing in aid of the Govt., or acquiring or receiv-
vided as loans to GFIs called 'credit whole- ing the property taken by such brigands.
salers', which in turn relend them to qualified [Art. 307, RPC].
'credit retailers' that include rural banks,
AIDS or Acquired Immune Deficiency Syn-
thrift banks, coop. banks, NGOs, NFA and
drome. 1. A human disease characterized
other assocs. or POs engaged in lending to
by a marked decrease of helper-induced T-
small farmers and fisherfolk. [Sec. 3, RA
lymphocyte cells, resulting in a general
10000].
breakdown of the body‘s immune system. 2.
Agro-processing activities. The processing The final and most serious stage of HIV in-
of raw agricultural and fishery products into fection. [Escarcha v. Leonis Navigation Co.,
semi-processed or finished products which Inc., GR 182740, July 5, 2010]. Compare
include materials for the manufacture of with HIV.
food and/or non-food products, pharmaceu-
Air. The invisible gaseous substance sur-
ticals and other industrial products. [Sec. 4,
rounding the earth, a mixture mainly of oxy-
RA 8435].
gen and nitrogen.
Aguinaldo doctrine. The rule that a public
Air carrier or operator. 1. A person who un-
official cannot be removed for administrative
dertakes, whether directly or indirectly, or by
misconduct committed during a prior term,
a lease or any other arrangements, to en-
since his reelection to office operates as a
gage in air transportation services or air
condoning of the officer's previous miscon-
commerce. The term may likewise refer to
duct, thereby cutting off the right to remove
either a "Phil. air carrier" or a "foreign air
him. [Aguinaldo v. Santos, GR 94115, Aug.
carrier" as indicated by the context. [Sec. 3,
21, 1992].
RA 9497]. 2. A person who undertakes,
Aid. To support, to help, to assist or to whether directly or indirectly, or by a lease
strengthen or to act in cooperation with. or any other arrangements, to engage in air
[Gatchalian v. Comelec, GR L-32560-61. transportation or air commerce. [Sec. 3, RA
Oct. 22, 1970]. 776].
Aid and abet. To actively, knowingly, or inten- Air commerce or Commercial air transport
tionally assist another person in the com- operation. 1. [It] includes scheduled or non-
mission or attempted commission of a scheduled air transport services for pay or
crime. hire, the navigation of aircraft in furtherance
of a business, the navigation of aircraft from
Aide. An assistant to an important person,
one place to another for operation in the
esp. to a political leader.
conduct of a business, or an aircraft opera-
Aide-memoire. Fr. Aid to memory. A diplomat- tion involving the transport of passengers,
ic correspondence consisting of a brief cargo or mail for remuneration or hire. [Sec.
summary of oral representations already 3, RA 9497]. 2. Air transportation for pay or
made. [Coquia and Santiago, Intl. Law, 3rd hire, the navigation of aircraft in furtherance
Ed. (1998), p. 492]. of a business, or the navigation of aircraft
from one place to another for operation in
Aiding and abetting a band of brigands.
the conduct of a business. [Sec. 3, RA 776].
Crim. Law. The felony committed by any

44
Air navigation. The practice of controlling, Air pollutant. Any harmful or undesirable
guiding and operating aircraft from airport of matter emitted in the atmosphere, incl.
departure to predetermined airport of desti- smoke, soot, solid particles of any kind, un-
nation, incl. alternate airports. To ensure desirable gases, fumes and obnoxious
safety, regularity and efficiency of civil avia- odors. [Sec. 2, PD 1181].
tion operations, standardization and com-
Air pressure. The pressure exerted by the
mon understanding among all parties in-
earth's atmosphere at any given point.
volved are essential in all matters affecting
the operation of aircraft and the numerous Air route. The navigable airspace bet. 2 points
facilities and services required in their sup- and the terrain beneath such airspace iden-
port, such as airports, telecommunications, tified, to the extent necessary, for applica-
navigation aids, meteorology, air traffic sertion of flight rules. [Sec. 3, RA 9497].
vices, search and rescue, aeronautical in-
formation services and aeronautical charts, Air route and airway facilities. Facilities pro-
vided to permit safe navigation of aircraft
in accordance with the procedures, rules
and regulations contained in the appropriate within the airspace of air routes and airways,
Annexes to the Chicago Convention. [Sec. incl.: (a) Visual and non-visual aids along
the air routes and airways; (b) Visual and
3, RA 9497].
non-visual aids to approach and landing at
Air navigation facility. Any facility used in, airports; (c) Communication services; (d)
available for use in, or designed for use in Meteorological observations; (e) Air traffic
aid of air navigation, incl. airports, landing control services and facilities; and (6) Flight
areas, lights, any apparatus or equipment services and facilities. [Sec. 3, RA 9497].
for disseminating weather information, for
signaling, for radio directional finding, or for Air transport. The transportation of persons,
radio or other electromagnetic communica- property, mail or cargo by aircraft. [Sec. 3,
RA 9497].
tion, and any other structure or mechanism
having a similar purpose for guiding or con- Air transport service. The act of transporting
trolling flight in the air or the landing and persons, property, mail cargo, in whole or in
take-off of aircraft. [Sec. 3, RA 9497; Sec. 3, part, by aircraft to points within or outside of
RA 776]. the Phils. [Sec. 3, RA 9497].
Air navigation services. [It] includes infor- Air transportation. Service or carriage of
mation, directions and other facilities fur- persons, property, or mail, in whole or in
nished, issued or provided in connection part, by aircraft. [Sec. 3, RA 776].
with the navigation or movement of aircraft,
and the control of movement of vehicles in Air waybill or Airway bill. An instrument is-
any part of an airport used for the movement sued by an air carrier to a shipper that
of aircraft. [Sec. 3, RA 9497]. serves as a receipt for goods and as evi-
dence of the contract of carriage, but is not
Air operator. Any org. which undertakes to a document of title for the goods.
engage in domestic commercial air transport
or intl. commercial air transport, whether di- Air conditioner. Often referred to as Air con.
rectly or indirectly, or by a lease or any other A major or home appliance system or
arrangement. [Sec. 3, RA 9497]. mechanism designed to change the air tem-
perature and humidity within an area [used
Air Operator Certificate (AOC). A certificate for cooling and sometimes heating depend-
authorizing an operator to carry out speci- ing on the air properties at a given time].
fied commercial air transport operations.
[Sec. 3, RA 9497]. Airconditioning equipment. Equipment for
the control of temperature, humidity, purity,
and environment such as room, split and

45
unitary package type [air-cooled and water- Aircraft piracy. Any actual or attempted sei-
cooled] airconditioners whose prime mover zure or exercise of control, by force or vio-
may be steam, electricity, the sun and any lence, or by any other form of intimidation,
other source of power, commercial and in- with wrongful intent, of an aircraft within the
dustrial airconditioning systems; direct ex- jurisdiction of the Phils. [Sec. 3, RA 9497].
pansion or chilled water systems; aircondi- See Hijacking.
tioners for all types of vehicles, sealed,
Aircraft radio station. A radio station on
semi-sealed and open type refrigerant com-
board any aircraft. [Sec. 3, RA 9497; Sec. 3,
pressor of the reciprocating rotary, screw,
RA 776].
centrifugal, or absorption type; cooling tow-
ers, airblowers, ventilators air handling units, Airline. A system for scheduled air transport of
condensers, receivers, and evaporator coils; passengers and freight.
electric or pneumatic controls. [Sec. 1, PD
1572]. Airman. Any individual who engages, as the
person in command or as pilot, mechanic,
Aircraft. 1. Any machine that can derive sup- flight radio operator or member of the crew,
port in the atmosphere from the reactions of in the navigation of aircraft while under way;
the air other than the reactions of the air and any individual who is directly in charge
against the earth's surface. The term "air- of inspection, maintenance, overhauling, or
craft", when used in RA 9497 or in regula- repair of aircraft, aircraft engine, propellers,
tions issued thereunder, shall refer to civil or appliances; and any individual who
aircraft only, and will not include State or serves in the capacity of aircraft dispatcher
public aircraft. [Sec. 3, RA 9497]. 2. Any or air-traffic control operator. [Sec. 3, RA
contrivance now known or hereafter invent- 9497; Sec. 3, RA 776].
ed, used, or designed for navigation of, or
flight in, the air. [Sec. 3, RA 776]. Airman license. A written authorization or
permission issued to any person for the ex-
Aircraft accident. An occurrence associated ercise of the privileges of flying, maintaining,
with the operation of an aircraft which takes controlling, directing, dispatching, instructing
place bet. the time any person boards the or any other civil aviation activity which is
aircraft with the intention of flight until such regulated and supervised by the CAAP.
time as all such persons have disembarked, [Sec. 3, RA 9497].
in which: (a) Any person suffers death or se-
rious injury as a result of being in or upon Airport. Any area of land or water designed,
the aircraft or by direct contact with the air- equipped, set apart or commonly used for
affording facilities for affording facilities for
craft of anything attached thereto; or (b) The
aircraft receives substantial damage. [Sec. the landing and departure of aircraft and in-
3, RA 9497]. cludes any area or space, whether on the
ground, on the roof of a building or else-
Aircraft engine. Any engine use, or intended where, which is designed, equipped or set
to be used, for propulsion of aircraft and in- apart for affording facilities for the landing
cludes all parts, appurtenances, and acces- and departure of aircraft capable of de-
sories thereof other than propellers. [Sec. 3, scending or climbing vertically. [Sec. 3, RA
RA 9497; Sec. 3, RA 776]. 9497].
Aircraft incident. The occurrence, other than Airspace. Intl. Law. The space above a state
an accident, which is associated with the and coming under its jurisdiction.
operation of an aircraft when the safety of
the aircraft has been endangered, or is a Airway. A path thru the navigable air space
situation which could endanger an aircraft identified by an area of specified width on
the surface of the earth designated or ap-
and if it occurred again in other circum-
stances. [Sec. 3, RA 9497]. proved by the Civil Aeronautics Administra-

46
tor as suitable for air commerce or air trans- circumstances of the case shall not make
portation. [Sec. 3, RA 776]. the provisions of Art. 153 of the Rev. Penal
Code applicable. [Art. 155, RPC].
Airway bill. See Air waybill.
Albularyo. Tag. Quack doctor. [People v. Abo,
Airwolf. A kind of sky rocket shaped like an
GR 107235. Mar. 2, 1994].
airplane with a propeller to rise about 40 or
50 feet and provide various kinds of light Alcohol. Alcoholic beverages classified into
while aloft. [Sec. 2, RA 7183]. beer, wine and distilled spirits, the consump-
tion of which produces intoxication. [Sec. 3,
Airworthiness. An aircraft, its engines, propel-
RA 10586].
lers, and other components and accesso-
ries, are of proper design and construction, Alcoholism. A diseased condition caused by
and are safe for air navigation purposes, the excessive use of alcoholic liquors. Con-
such design and construction being continued, excessive or compulsive use of al-
sistent with accepted engineering practice coholic drink.
and in accordance with aerodynamic laws
Aleatory. Dependent on chance, luck, or an
and aircraft science. [Sec. 3, RA 9497; Sec.
uncertain outcome.
3, RA 776].
Aleatory contract. Civ. Law. 1. A contract
AKPF. See Abot-Kaya Pabahay Fund.
whereby one of the parties or both recipro-
Al-Amanah Islamic Investment Bank of the cally bind themselves to give or to do some-
Philippines, The Charter of the. RA 6848 thing in consideration of what the other shall
entitled ―An Act providing for the 1989 char- give or do upon the happening of an event
ter of the Al-Amanah Islamic Investment which is uncertain, or which is to occur at an
Bank of The Phils., authorizing its conduct of indeterminate time. [Art. 2010, CC]. 2. A
Islamic banking business, and repealing for contract which, unlike a conditional agree-
this purpose PD 264 as amended by PD ment whose efficacy is dependent on stated
542 (creating the Phil. Amanah Bank)‖ en- conditions, is at once effective upon its per-
acted on Jan. 26, 1990. fection although the occurrence of a condi-
tion or event may later dictate the demand-
Alarm. Crim. Law. A light felony created by
ability of certain obligations thereunder. [Ti-
any person who causes alarm or danger
bay v. CA, GR 119655. May 24, 1996].
such as firing a gun, exploding a firecracker,
or otherwise commits any act calculated to Alevosia. Crim. Law. Sp. Treachery. It exists
disturb public tranquility. (Art. 155, RPC). when the culprit commits the crime by em-
ploying means, methods, or forms in the ex-
Alarms and scandals. Crim. Law. The felony
ecution thereof which tend to directly and
committed by: (a) any person who within
specially insure it without risk to the person
any town or public place, shall discharge
of the criminal, arising from any defense the
any firearm, rocket, firecracker, or other ex-
injured party might make. [Art. 10, RPC].
plosives calculated to cause alarm or dan-
ger; (b) any person who shall instigate or Alfonso doctrine. The doctrine enunciated in
take an active part in any charivari or other the leading case of Alfonso v. Pasay [GR L-
disorderly meeting offensive to another or 12754 Jan. 30, 1960] that to determine due
prejudicial to public tranquility; (c) any per- compensation for lands appropriated by the
son who, while wandering about at night or Govt., the basis should be the price or value
while engaged in any other nocturnal at the time it was taken from the owner and
amusements, shall disturb the public peace; appropriated by the Govt. [Napocor v. CA,
or (d) any person who, while intoxicated or GR L-56378. June 22, 1984].
otherwise, shall cause any disturbance or
ALGU. See Allocation to Local Government
scandal in public places, provided that the
Units.

47
Alias. 1. A name or names used by a person where the crime was committed at the time
or intended to be used by him publicly and of its commission. [US v. Oxiles, GR L-9999
habitually usu. in business transactions in Feb. 23, 1915].
addition to his real name by which he is reg-
Alien. A foreign-born person who has not qual-
istered at birth or baptized the 1st time or
ified as a citizen of the country.
substitute name authorized by a competent
authority. A man‘s name is simply the sound Alien Employment Permit (AEP). A docu-
or sounds by which he is commonly desig- ment issued by the Sec. of Labor and Em-
nated by his fellows and by which they dis- ployment through the DOLE-Regional Direc-
tinguish him but sometimes a man is known tor, who has jurisdiction over the intended
by several different names and these are place of work of the foreign national, author-
known as aliases. [Ursua v. CA, GR izing the foreign national to work in the
112170, Apr. 10, 1996]. 2. Term used to in- Phils.
dicate another name by which a person is
Alien Social Integration Act of 1995, The.
known. Short for ―alias dictus‖; also known
as (a.k.a.). RA 7919 entitled ―An Act granting legal resi-
dence status to certain aliens through a so-
Alias subpoena. Rem. Law. One issued after cial integration program in the Phils. under
the 1st has been returned without having certain conditions‖ enacted on Feb. 24,
accomplished its purpose. 1995.
Alias summons. Rem. Law. Other summons Alienable. Able to be transferred to new own-
issued the clerk, on demand of the plaintiff, ership.
as the case may require, in the same form
Alienable and disposable lands. Lands of
as the orig. summons, in case the latter is
returned without being served on any or all the public domain which have been the sub-
of the defendants, or if it has been lost. ject of the present system of classification
and declared as not needed for forest pur-
[Sec. 4, Rule 14, RoC].
poses. [Sec. 4, RA 7900; Sec. 3, PD 705].
Alias writ. Rem. Law. 1. A 2nd writ, or court
order, issued in the same case after an ear- Alienable or Disposable lands. [The term is
lier writ of that kind has been issued but has limited] only to those lands which have been
not been effective. 2. A 2nd or further writ. ―officially delimited and classified.‖ [Chavez
v. PEA, GR 133250, July 9, 2002].
Alias writ of execution. Rem. Law. One is-
sued after the 1st has been returned without Alienate. To sell or give completely and with-
accomplishing its purpose. out reserve; to transfer title to somebody
else. A voluntary conveyance of property,
Alibi. 1. The plea of having been elsewhere esp. real property.
than at the scene of the crime at the time of
the commission of the felony. [People v. Alienation. The transfer of the property and
Bracamonte, GR 95939, June 17, 1996]. 2. possession of lands, tenements, or other
A defense that places the defendant at the things from one person to another. The act
by which the title to real estate is voluntarily
relevant time of the crime in a different place
than the scene involved and so removed assigned by one person to another and ac-
therefrom as to render it impossible for him cepted by the latter, in the form prescribed
to be the guilty party. [People v. Acob, GR by law. [Roxas v. CA, GR 92245. June 26,
114382 July 20, 1995]. 1991].
Alienation of affection. Actionable behavior
Alibi. Requisites: To establish it, the accused
must show (a) that he was at some other by a 3rd person who causes a split or loss of
place for such a period of time (b) that it was affection bet. 2 spouses by his wrongful
impossible for him to have been at the place

48
conduct such that a spouse voluntarily All risks insurance. An insurance the very
leaves by being thus enticed away. purpose of which is to give protection to the
insured in those cases where difficulties of
Alienist. One who treats the diseases of the
logical explanation or some mystery sur-
mind, a physician who specializes in psychi-
round the loss or damage to property. [Fili-
atry. [People v. Medina, GR 113691. Feb. 6,
pino Merchants Ins. Co., Inc. v. CA, GR
1998].
85141. Nov. 28, 1989].
Alignment. Arrangement in a straight line, or
All risks marine insurance policy. An insur-
in correct relative positions.
ance policy which insures against all causes
Alignment characteristics. The writing char- of conceivable loss or damage.
acteristics and habits existing in the ques-
All risks marine insurance policy. Excep-
tioned and standard signatures [based on]
tions: (a) As otherwise excluded in the poli-
the relationship of the letters in the name
cy; or (b) Due to fraud or intentional miscon-
with the base line or where the letters rest.
duct on the part of the insured. [Choa Tiek v.
[Obando v. People, GR 138696, July 7,
CA, GR. 84507, Mar. 15, 1990; This type of
2010]. Compare with Arrangement charac-
policy grants greater protection than that af-
teristics and Proportion characteristics.
forded by the ―perils clause.‖].
Alimony. An amount given by one spouse to
All risks policy. 1. Insurance against all caus-
another while they are separated.
es of conceivable loss or damage, except as
Alimony pendente lite. The payment of ali- otherwise excluded in the policy, or due to
mony during the pendency of an action bet. fraud or intentional misconduct on the part
spouses. of the insured. 2. Insurance policies which
insure against all causes of conceivable loss
Alipin. Tag. Slave. or damage. The only exceptions are those
Aliquot. Fractional. excluded in the policy, or those sustained
due to fraud or intentional misconduct on the
Aliunde. Lat. From another source; from else- part of the insured. [Mayer Steel Pipe Corp.
where; from outside. Often used to refer to v. CA,GR 124050. June 19, 1997].
evidence given aliunde when meaning can-
not be derived from a document or instru- All-risks policy. Insurance against all causes
ment itself. In certain cases, a written in- of conceivable loss or damage, except: (a)
strument may be explained by evi- excluded risk stipulated in the policy, or (b)
dence aliunde e.g. the testimony of a wit- due to fraud or intentional misconduct on the
ness in conversations, admissions or prelim- part of the insured. [Chao Tiek Seng v. CA,
inary negotiations. It is often used to refer to GR 84507, Mar. 15, 1990]. The insured has
evidence given aliunde when meaning can- the initial burden of proving that the cargo
not be derived from a document or instru- was in good condition when the policy at-
ment itself. tached and that the cargo was damaged
when unloaded from the vessel; thereafter,
All. The whole extent or quantity of, the entire the burden shifts to the insurer to show the
number of, every one of. [Chua v. Cabang- exception to the coverage.
bang, GR L-23253. Mar. 28, 1969].
Allegans contraria non est audiendus. Lat.
All risks. The term is given a broad and com- 1. Contradictory statements will not be
prehensive meaning as covering any loss heard or considered. 2. He is not to be
other than a willful and fraudulent act of the heard who alleges things contradictory to
insured. [Filipino Merchants Ins. Co., Inc. v. each other. [Jumamil v. Café, GR 144570
CA, GR 85141. Nov. 28, 1989]. Sep. 21, 2005].

49
Allegans suam turpitudinem non est au- based on a sharing scheme computed for
dendus. Lat. 1. One alleging his own infamy each LGU provided for under the LGC and
is not to be heard. 2. He who goes to court other special laws.
must do so with clean hands. It is axiomatic
Allonge. A piece of paper which has been
that he who alleges his own disgrace should
attached to a contract, a check or any prom-
not be heard.
issory note, on which to add signatures bec.
Allegata et probata. Lat Things alleged and there is not enough room on the main doc-
proved. The allegations made by a party to ument.
a suit and the proof adduced in their sup-
Allot. To give or apportion something to
port.
someone as a share or task.
Allegatio contra factum non est admittenda.
Allotment. 1. The amount of something allo-
Lat. An allegation contrary to a deed is not
cated to a particular person. 2. Authorization
to be heard. [Used in Co Kim Cham v. Tan
issued by DBM to an agency, through ABM
Keh, GR L-5 Sep. 17, 1945].
or SARO, which allows the latter to incur ob-
Allegatio falsi. Lat. False allegation. ligation for specified amounts contained in a
legislative appropriation.
Allegation. A statement of the issues in a
written document [a pleading] which a per- Allotment Class. Classification of expendi-
son is prepared to prove in court. tures under the following categories: (a)
Personal Services (100); (b). Maintenance
Allege. To state, recite, assert, or charge the
and other Operating Expenses (200); 3.
existence of particular facts as in a pleading.
Capital Outlays (300);
Allegiance. The obligation of fidelity and obe-
Allotment Release Program (ARP). Overall
dience which individuals owe to the govt.
ceiling of the total obligational authority
under which they live or to their sovereign in
which may be issued to the agencies for the
return for the protection which they receive.
year, from all fund sources.
[People v. Echegaray, GR 117472. Feb. 7,
1997]. Allotment Release Program (ARP). The
program prepared by the DBM which sets a
Alley. A public way intended to serve both
limit for allotments issued in general and to
pedestrian and emergency vehicles, and al-
a specific agency.
so access to lots, both end always connect-
ing to streets. [Sec. 3, BP 220]. Allotments. 1. Authorizations issued by the
DBM to an agency which allow the latter to
Alliance. A military treaty bet. 2 or more
incur obligations within a specified amount,
states, providing for a mutually-planned of-
as duly authorized by a Legislative appro-
fensive, or for assistance in the case of at-
priation. [Sec. 3, EO 518]. 2. Issuances by
tack on any member.
the DBM authorizing an agency to enter into
Allision. 1. A collision bet. a moving vessel obligations. They are lesser in scope than
and a stationary object. 2. The impact bet. a appropriations, in that the latter embrace the
moving vessel and a stationary one. Com- general legislative authority to spend. They
pare with Collision. may be released in two forms – through a
comprehensive ABM or, individually, by
Allocation. The act of assigning a position to SARO.
its proper class and salary grade. [Sec. 3,
PD 985]. Allow. 1. To admit an event or activity as legal
or acceptable. 2. To give someone permis-
Allocation to Local Government Units (AL-
sion to do something.
GU). The share of LGUs from the internal
revenue collections of the Natl. Govt. (NG)

50
Allow Departure Order (ADO). A directive Alluvial. Of, relating to or derived from alluvi-
that allows the traveler to leave the territorial um: "rich alluvial soils."
jurisdiction of the Phils. This is issued upon
Alluvial deposits. Alluvial sediment: clay or
application to the Commissioner of Immigra-
silt or gravel carried by rushing streams and
tion and the appropriate govt. agency. [An
deposited where the stream slows down.
outline of Phil. Immigration and Citizenship
Laws, Vol. I, Ledesma, p. 34]. Compare with Alluvial deposits along the banks of a
Hold Departure Order. creek. Accretions deposited gradually upon
lands contiguous to creeks, streams, rivers,
Allowance. A benefit over and above the
and lakes, by accessions or sediments from
basic salary of an employee.
the waters thereof [which] belong to the
Allowance for good conduct. The deductions owners of such lands. [Art. 84, Sp. Law of
to which any offender qualified for credit for Waters of 1866, in relation to Art. 457, CC].
preventive imprisonment pursuant to Art. 29
Alluvion. Also Alluvium. Prop. Soil deposited
of the Rev. Penal, or of any convicted pris-
to the lands adjoining the banks of the rivers
oner in any penal institution, rehabilitation or
and gradually received as an effect of the
detention center or any other local jail shall
current of the waters. It is owned by the ri-
be entitled from the period of his sentence
parian owners. 2. The accretion which lands
for his good conduct [during such imprison-
adjoining the banks of rivers gradually re-
ment or detention]. [Art. 97, RPC, as
ceive from the effects of the current of the
amended by RA 10592].
waters and which belongs to the owners of
Allowance for good conduct (for each such lands. [Art. 457, CC]. See Accretion.
month of good behavior). The term refers
Alluvium. A deposit of clay, silt, sand, and
to good behavior of a prisoner while he is
gravel left by flowing streams in a river val-
serving his term as a convict. [Baking v. Dir.
ley or delta, typically producing fertile soil.
of Prisons, GR L-30364. July 28, 1969].
See Alluvion.
Allowance of wills. Also Probate of wills. A
Almost. Nearly; in large part; well-nigh; little
special proceeding for establishing the valid-
short of [Phil. Amer. Drug Co. v. CIR, GR L-
ity of the will or for the purpose of proving
15162. Apr. 18, 1962].
that the instrument offered for probate is the
last will and testament of the testator, that it Also. In addition; as well; besides, too. [Sar-
has been executed in accordance with the miento III v. Mison, GR 79974. Dec. 17,
formalities prescribed by law, and that the 1987].
testator had the necessary testamentary ca-
Alter. To add, change, substitute or omit
pacity at the time of the execution of the will.
[Jurado, Comments and Jurisp. on Succ., something from a pleading or instrument.
1991 8th Ed., p. 133]. [Cuenco v. Laya, GR L-31252. Dec. 22,
1969].
Allowance of wills probated abroad. Evi-
dence necessary: (a) the due execution of Alter ego. Lat. Another self. An alter ego com-
pany is one that is not treated by its owners
the will in accordance with the foreign laws;
(b) the testator has his domicile in the for- as a separate entity.
eign country and not in the Phils.; (c) the will Alter ego doctrine. A doctrine based upon the
has been admitted to probate in such coun- misuse of a corp. by an individual for wrong-
try; (d) the fact that the foreign tribunal is a ful or inequitable purposes, and in such
probate court, and (e) the laws of a foreign case the court merely disregards the corpo-
country on procedure and allowance of wills. rate entity and holds the individual responsi-
[Vda. De Perez v. Tolete, GR 76714. June ble for acts knowingly and intentionally done
2, 1994]. in the name of the corp. The doctrine im-

51
poses upon the individual who uses a corp. Altering boundaries or landmarks. Crim.
merely as an instrumentality to conduct his Law. The felony committed by any person
own business liability as a consequence of who shall alter the boundary marks or mon-
fraud or injustice perpetuated not on the uments of towns, provinces, or estates, or
corp., but on 3rd persons dealing with the any other marks intended to designate the
corp. [Cited Sulo ng Bayan, Inc. v. Araneta, boundaries of the same. [Art. 313, RPC].
Inc., GR L-31061 Aug. 17, 1976].
Alternat. Intl. Law. Fr. Alternation. An ar-
Alter ego principle. The rule that members of rangement under which each negotiator is
Cabinet may act for and in behalf of the allowed to sign first on the copy of the treaty
Pres. in certain matters bec. the Pres. can- which he will bring home to his country, the
not be expected to exercise his control [and purpose being to preserve the formal ap-
supervisory] powers personally all the time. pearance of equality among the contracting
Each head of a department is, and must be, states and to avoid delicate questions of
the President's alter ego in the matters of precedence among its signatories. [Cruz,
that department where the Pres. is required Intl. Law Reviewer, 1996 Ed., p. 96].
by law to exercise authority. [Villena v. Sec.
Alternate. 1. V. To occur in turn repeatedly. 2.
of the Interior, GR L-46570 Apr. 21, 1939].
N. A person who acts as a deputy or substi-
Alteration. Civ. Law. 1. The act by virtue of tute.
which a co-owner, in opposition to the com-
Alternative. One of 2 or more available possi-
mon agreement, if there is any, or, in the
bilities.
absence thereof, to the tacit agreement of
all the co-owners, and violating their will, Alternative causes of action or defenses. 2
changes the thing from the state in which or more statements of a claim or defense
the others believe it should remain, or with- which a party may set forth alternatively or
draws it from the use to which they desire to hypothetically, either in one cause of action
be intended. [Tolentino, Civ. Code of the or defense or in separate causes of action
Phils., Vol. II, Repr. 2001, p. 192]. 2. Cyber- or defenses. When 2 or more statements
crime Law. The modification or change, in are made in the alternative and one of them
form or substance, of an existing computer if made independently would be sufficient,
data or program. [Sec. 3, RA 10175]. the pleading is not made insufficient by the
insufficiency of one or more of the alterna-
Alteration immaterial. The effect of alteration
tive statements. [Sec. 2, Rule 8, RoC].
of the warehouse receipt – whether fraudu-
lent or not, whether authorized or not – on Alternative circumstances. 1. Those circum-
the liability of the warehouseman is that he stances which must be taken into considera-
is liable on the altered receipt according to tion as aggravating or mitigating acc. to the
its orig. tenor. nature and effects of the crime and the other
conditions attending its commission. They
Alteration or Amendment. Rem. Law. The
are the relationship, intoxication and the de-
act of adding, changing, substituting or omit-
gree of instruction and education of the of-
ting something from a pleading or instru-
fender. [Art. 15, RPC]. 2. Those circum-
ment. In plain words, a pleading or instru-
stances that are either aggravating or miti-
ment may be amended either by correcting
gating acc. to the nature and effects of the
or by omitting any word, phrase or sentence
crime and other conditions attending its
set forth therein, or by adding something to
commission. [Gregorio, Fund. of Crim. Law
it. In the last instance we have the case of
Rev., 1997 9th Ed., p. 52].
an amendment by addition. [Cuenco v.
Laya, GR L-31252. Dec. 22, 1969]. Com- Alternative defendants. Any or all of several
pare with Spoliation. persons against whom the plaintiff is entitled
to relief and of whom he is uncertain may be

52
joined as defendants in the alternative, alt- biodiesel, bioethanel, natural gas, electricity,
hough a right to relief against one may be hydrogen and automotive LPG instead of
inconsistent with a right of relief against the gasoline and diesel. [Sec. 3, RA 9367].
other. [Sec. 13, Rule 3, RoC].
Alternative health care modalities. Other
Alternative delivery mode. The nontraditional forms of non-allopathic, occasionally non-
education program recognized by the De- indigenous or imported healing methods,
pEd which applies a flexible learning philos- though not necessarily practiced for centu-
ophy and a curricular delivery program that ries nor handed down from one generation
includes nonformal and informal sources of to another. Some alternative health care
knowledge and skills. An alternative delivery modalities include reflexology, acupuncture,
mode may include the use of facilitator- massage, acupressure, chiropractics, nutri-
aided and interactive self-instructional print tional therapy, and other similar methods.
and audio-based learning materials, video [Sec. 4, RA 8423].
tapes, face-to-face structured learning
Alternative learning system. A parallel learn-
groups, semi-structured and unstructured
ing system to provide a viable alternative to
discussions, one-on-one tutorials,study
the existing formal education instruction. It
groups and self-learning groups, demonstra-
encompasses both the non-formal and in-
tion sessions, home visits, mentoring and
formal sources of knowledge and skills.
remediation. [Sec. 3, RA 10618].
[Sec. 4, RA 9155].
Alternative dispute resolution (ADR). 1. The
Alternative medicine. A catch-all term em-
methods by which legal conflicts and dis-
bracing the sum total of knowledge, skills
putes are resolved privately and other than
and practices on health care, other than
through litigation in the public courts, usu.
those embodied in biomedicince used the
through one of 2 forms: mediation or arbitra-
prevention, diagnosis, and elimination of
tion. It typically involves a process much
physical or mental disorder. As a rule, it in-
less formal than the traditional court process
cludes the use of traditional healing practic-
and includes the appointment of a 3rd-party
es as well as herbal medicine and natural
to preside over a hearing bet. the parties.
products. [RA 8423, Traditional and Alterna-
The advantages of ADR are speed and
tive Medicine Act of 1997].
money: it costs less and is quicker than
court litigation. ADR forums are also private. Alternative obligation. An obligation wherein
The disadvantage is that it often involves various prestations are due, but the perfor-
compromise. 2. Settling a dispute without a mance of one of them is sufficient, deter-
full, formal trial. Methods include mediation, mined by the choice which as a general rule
conciliation, arbitration, and settlement, belongs to the debtor. [Art. 1199, CC].
among others. Compare with Facultative obligation.
Alternative dispute resolution (ADR) sys- Alterum non laedere. Lat. Not to injure oth-
tem. Any process or procedure used to re- ers. [In re: Jurado, AM 93-2-037 SC. Apr. 6,
solve a dispute or controversy, other than by 1995].
adjudication of a presiding judge of a court
or an officer of a govt. agency, as defined in Alumina smelting and refining. The produc-
RA 9285, in which a neutral 3rd party partic- tion and manufacture of aluminum from ore
ipates to assist in the resolution of issues, or alumina into one or more basic forms
such as ingots, billets, bars, sheets, strips,
which includes arbitration, mediation, concil-
iation, early neutral evaluation, mini-trial, or circles, tubes, rods, and castings, pipes,
any combination thereof. [Sec. 3, RA 9285]. section and extrusions. [Sec. 2, RA 4095].
Alternative fuel vehicle or engine. Vehicle or

or engines that use alternative fuels such as

53
Amalgam. 1. A mixture or blend. 2. An alloy of ercise one of its judicial functions, which is
mercury with another metal, esp. one used to interpret the law acc. to its true intent.
for dental fillings. [RCBC v. IAC, GR 74851 Dec. 9, 1999].
Amalgamation. The merging of 2 things to- Ambulance chaser. 1. Any act of improper
gether to form one such as the amalgama- solicitation of cases such as fomenting litiga-
tion of different companies to form a single tion or instigating unnecessary lawsuits.
company. [Juan-Bautista, Legal and Judicial Ethics,
2002 Ed., p. 9]. 2. A lawyer who haunts
Ambassador. A citizen that has been officially
hospitals and visits then homes of the af-
asked by his country to live in another coun-
flicted, officiously intruding their presence
try in order to legally represent it.
and persistently offering his service on the
Ambassador extraordinary or plenipoten- basis of a contingent fee. [Pineda, Legal and
tiary. The highest rank of diplomatic agent; Judicial Ethics, (1999 Ed.), p. 46-47].
the personal representative of the head of
Ambulance chasing. Figuratively, the law-
one state accredited to the head of another
yer‘s act of chasing an ambulance carrying
state.
the victim of an accident for the purpose of
Ambassador extraordinary. A designation talking to the said victim or relatives and of-
ordinarily given to a non-accredited personal fering his legal services for the filing of a
representative of the head of state. case against the person who caused the ac-
cident. [Pineda, Legal and Judicial Ethics,
Ambassador-designate. A diplomatic agent (1999 Ed.), p. 46].
who has been designated by the head of
state, approved by the head of state to Ambulant. Itinerant; travelling; traveling; am-
whom he will be accredited, but has not pre- bulatory.
sented his credentials.
Ambulatory. 1. Something which is not cast in
Ambient. Of or relating to the immediate sur- stone; which can be changed or revoked,
roundings of something. such as a will.
Ambient air quality. The average atmospher- AMCFP. See Agro-Industry Modernization
ic purity as distinguished from discharge Credit and Financing Program.
measurements taken at the source of pollu-
Amend. 1. To change or modify for the better,
tion. It is the general amount of pollution
to alter by modification, deletion, or addition.
present in a broad area. [Sec. 62, PD 1152].
[Tolentino v. Sec. of Finance, GR 115455.
Ambiguity. A condition of admitting 2 or more Aug. 25, 1994]. 2. To change, to revise, usu.
meanings, of being understood in more than to the wording of a written document such
one way, or of referring to 2 or more things as legislation.
at the same time. For a statute to be con-
Amendatory. Serving or tending to amend;
sidered ambiguous, it must admit of 2 or
corrective.
more possible meanings. [Abello v. CIR, GR
120721 Feb. 23, 2005]. Amended and clarified decision. An entirely
new decision which supersedes the orig.
Ambiguous. 1. Open to more than one inter-
decision. [Esquivel v. Alegre, GR 79425,
pretation; having a double meaning. 2. Un-
Apr. 17, 1989].
clear or inexact bec. a choice bet. alterna-
tives has not been made. Amended and clarified judgment. A judg-
ment in which the lower court makes a thor-
Ambiguous statute. A statute [that is] admis-
ough study of the orig. judgment and ren-
sible of 2 or more possible meanings, in
ders the amended and clarified judgment
which case, the Court is called upon to ex-
only after considering all the factual and le-

54
gal issues. The amended and clarified deci- AMLC. See Anti-Money Laundering Coun-
sion is an entirely new decision which su- cil.
persedes the orig. decision. [Esquivel v.
Ammunition .A complete unfixed unit consist-
Alegre, GR 79425, Apr. 17, 1989].
ing of a bullet, gunpowder, cartridge case
Amended pleadings. Pleadings amended by and primer or loaded shell for use in any
adding or striking out an allegation or the firearm. [Sec. 3, RA 10591].
name of any party, or by correcting a mis-
Amnesia. Legal Med. The loss of memory of
take in the name of a party or a mistaken or
either a recent event or of past events as
inadequate allegation or description in any
observed in head injuries. [Olarte, Legal
other respect, so that the actual merits of
Med., 1st Ed. (2004), p. 147].
the controversy may speedily be deter-
mined, without regard to technicalities, and Amnesty. 1. It commonly denotes a general
in the most expeditious and inexpensive pardon to rebels for their treason or other
manner. [Sec. 1, Rule 10, RoC]. high political offenses, or the forgiveness
which one sovereign grants to the subjects
Amendment. Isolated or piecemeal change of
of another, who have offended by some
the instrument. [Cruz, Constl. Law, 1998
breach the law of nations. [Llamas v. Orbos,
Ed., p. 11]. Compare with Revision.
GR 99031. Oct. 15, 1991]. 2. An act of the
Amentia. Lack of development of intellectual sovereign power granting oblivion or general
capacity as a result of inadequate brain tis- pardon for the past offense, and is rarely, if
sue. ever, exercised in behalf of a certain class of
persons, who are subject to trial but have
Amicable. Having a spirit of friendliness; with-
not yet been convicted. [Gregorio, Fund. of
out serious disagreement or rancor.
Crim. Law Rev., 1997 9th Ed., p. 312].
Amicable settlement. A mutually negotiated
Amoebic colitis. An infectious disease
and agreed upon resolution of a dispute.
caused by endamoeba hystolytica, frequent-
Amici. Plural form of Amicus. ly producing a painful passage of bloody
mucoid stool. Infection is acquired by inges-
Amici par excellence. Bar assocs. which tion of food or drink contaminated by feces
appear in court as friends to expound on containing amoebic cyst. The tumor com-
some matters of law for the information of mences in the mucous membrane and
the court. [Juan-Bautista, Legal and Judicial
gradually invades the deeper structures.
Ethics, 2002 Ed., p. 9]. Genetic influence is a predisposing factor.
Amicus. An impartial adviser, often voluntary, Anemia is a condition in which the normal
to a court of law in a particular case. amount of red blood cells is reduced. It may
be due to blood loss secondary to the pass-
Amicus curiae. Lat. Friend of the court. 1. A ing out of blood in the stool. [Sierra v. GSIS,
lawyer who volunteers or is requested by GR 50954. Feb. 8, 1989].
the court to appear to give information to the
judge or the court on some doubtful ques- Amortization. 1. Principal repayments on
tions of law. [Juan-Bautista, Legal and Judi- loans, either domestic or foreign and wheth-
cial Ethics, 2002 Ed., p. 8]. 2. Persons ask- er on direct or assumed liabilities, made by
ing for permission to intervene in a case in the natl. govt. 2. The extinguishment of a
which they are neither plaintiff or defendant, debt or loan through payment by installment
usu. to present their point of view [or that of over a stipulated period of time.
their org.] in case which has the potential of
Amortize. Reduce or extinguish [a debt] by
setting a legal precedent in their area of ac- money regularly put aside. Gradually write
tivity. off the initial cost of [an asset].

55
Amortizing owners. Landowners who still Ample. Enough or more than enough; plenti-
amortize payment for the land to a private ful. Large and accommodating.
individual or to the State. [Sec. 3, RA
Ample opportunity. Every kind of assistance
10000].
that management must accord to the em-
Amount. A quantity of something, typically the ployee to enable him to prepare adequately
total of a thing or things in number, size, for his defense. [Ruffy v. NLRC, GR 84193.
value, or extent. Feb. 15, 1990].
Amount financed. In a consumer credit sale, Ample opportunity to be heard. Any mean-
it constitutes the cash price plus non-finance ingful opportunity [verbal or written] given to
charges less the amount of any downpay- the employee to answer the charges against
ment whether made in cash or in property him and submit evidence in support of his
traded in, or in a consumer loan the amount defense, whether in a hearing, conference
paid to, receivable by or paid or payable to or some other fair, just and reasonable way.
the buyer or to another person in his behalf. [Perez v. Phil. Telegraph and Telephone
[Art. 4, RA 7394]. Co., GR 152048, Apr. 7, 2009].
Amount in controversy. For purposes of Amusement. 1. A pleasurable diversion and
determining jurisdiction, the amount of the entertainment. It is synonymous to relaxa-
contract or the value of the property subject tion, avocation, pastime, or fun. [Sec. 131,
of the contract. RA 7160]. 2. A pleasurable occupation of
the senses, diversion, or enjoyment.
Amparo. Sp. Protection.
[PAGCOR v. Phil. Gaming Jurisdiction Inc.,
Amparo, Writ of. A remedy available to any GR 177333, Apr. 24, 2009]. Compare with
person whose right to life, liberty and securi- Game.
ty is violated or threatened with violation by
Amusement places. Theaters, cinemas, con-
an unlawful act or omission of a public offi-
cert halls, circuses and other places of
cial or employee, or of a private individual or
amusement where one seeks admission to
entity. The writ shall cover extralegal killings
entertain oneself by seeing or viewing the
and enforced disappearances or threats
show or performances. [Sec. 131, RA 7160].
thereof. [Rule on the Writ of Amparo, Sec. 1,
AM 07-9-12-SC, Oct. 24, 2007]. See Writ of Anadromous. Migrating up rivers from the sea
amparo. to spawn.
Ampere. The base unit of electric current Anadromous species. Marine fishes which
which is that constant current which, if main- migrate to freshwater areas to spawn. [Sec.
tained in 2 parallel conductors of infinite 4, RA 8550].
length, of negligible circular cross-section,
Analogous. Allied or similar.
and placed one metre apart in vacuum,
would produce bet. these conductors a force Analogy. 1. A comparison bet. 2 things, typi-
equal to 2 x 10-7 newton per metre of cally on the basis of their structure and for
length. [Sec. 4, BP 8]. the purpose of explanation or clarification. 2.
A correspondence or partial similarity.
Amphetamines. Synthetic amines which act
with a pronounced stimulant effect on the Ancestor. A person, typically one more re-
central nervous system. They are the 1st mote than a grandparent, from whom one is
and last drugs which cause a subjective descended.
feeling of improved mood - true euphoria, in
fact - and it is for this reason that they cause Ancestral. Of, belonging to, inherited from, or
states of psychic dependence. [People v. denoting an ancestor or ancestors.
Angeles, GR 92850. June 15, 1992].

56
Ancestral domains. All areas generally be- anchor or may ride at anchor within the har-
longing to Indigenous Cultural Communities bor. [Sec. 3, PD 857].
or Indigenous Peoples (ICCs or IPs) com-
Ancient. Belonging to the very distant past
prising lands, inland waters, coastal areas,
and no longer in existence.
and natural resources therein, held under a
claim of ownership, occupied or possessed Ancient document. A private document which
by ICCs or IPs, by themselves or through is more than 30 years old, produced from a
their ancestors, communally or individually custody in which it would naturally be found
since time immemorial, continuously to the if genuine, and is unblemished by alterations
present except when interrupted by war, or circumstances of suspicion. [Claverias v.
force majeure or displacement by force, de- Quingco, GR 77744. Mar. 6, 1992].
ceit, stealth or as a consequence of govt.
projects or any other voluntary dealings en- Ancient document rule. For a private ancient
tered into by govt. and private individuals or document to be exempt from proof of due
execution and authenticity, it is not enough
corps., and which are necessary to ensure
their economic, social and cultural welfare. that it be more than 30 years old; it is also
[Sec. 4, RA 8371]. necessary that the following requirements
are fulfilled; (a) that it is produced from a
Ancestral lands. 1. All lands exclusively and custody in which it would naturally be found
actually possessed, occupied, or utilized by if genuine; and (b) that it is unblemished by
indigenous cultural communities by them- any alteration or circumstances of suspicion.
selves or through their ancestors in accord- [Lacsa v. CA, GR 79597-98. May 20, 1991].
ance with their customs and traditions since
Ancillary. A proceeding which is auxiliary or
time immemorial, and as may be defined
and delineated by law. [Sec. 3, RA 7942]. 2. subordinate to another proceeding. In pro-
Land occupied, possessed and utilized by bate, a proceeding in a state where a dece-
dent owned property but was not domiciled.
individuals, families and clans who are
members of the Indigenous Cultural Com- Ancillary industries. Fisheries Law. Firms or
munities or Indigenous Peoples [ICCs or companies related to the supply, construc-
IPs] since time immemorial, by themselves tion and maintenance of fishing vessels,
or through their predecessors-in-interest, gears, nets and other fishing paraphernalia;
under claims of individual or traditional fishery machine shops; and other facilities
group ownership, continuously, to the pre- such as hatcheries, nurseries, feed plants,
sent except when interrupted by war, force cold storage and refrigeration, processing
majeure or displacement by force, deceit, plants and other pre-harvest and post-
stealth, or as a consequence of govt. pro- harvest facilities. [Sec. 4, RA 8550].
jects and other voluntary dealings entered
into by govt. and private individuals or Ancillary jurisdiction doctrine. The rule that
corps., incl., but not limited to, residential in an action before the RTC, the counter-
lots, rice terraces or paddies, private forests, claim may be considered compulsory re-
swidden farms and tree lots. [Sec. 4, RA gardless of the amount. [Sec. 7, Rule 6,
8371]. RoC].
Ancestry. One's family or ethnic descent. Ancillary jurisdiction. Power of court to adju-
dicate and determine matters incidental to
Anchor. A heavy object attached to a vessel the exercise of its primary jurisdiction of an
by a cable or rope and cast overboard to action.
keep the vessel in place either by its weight
or by its flukes, which grip the bottom. Ancillary services. Those services that are
necessary to support the transmission of
Anchorage. A place with sufficient depth of capacity and energy from resources to loads
water where vessels anchor or may ride at while maintaining reliable operation of the

57
transmission system in accordance with Animus furandi. Lat. Intent to steal. The intent
good utility practice and the grid code to be to deprive another of his ownership/lawful
adopted in accordance with RA 9136. [Sec. possession of personal property which intent
4, RA 9136]. is apart from and concurrently with the gen-
eral criminal intent which is an essential el-
And. A conjunction pertinently defined as
ement of a felony of dolo [dolus malus].
meaning "together with," "joined with;"
[Laurel v. Abrogar, GR 155076 Feb. 27,
"along or together with," "added to or linked
2006].
to," used to conjoin word with word, phrase
with phrase, clause with clause. [Phil. Con- Animus hominis est anima scripti. Lat. The
sti. Assoc. v. Mathay, GR L-25554. Oct. 4, intention of the party is the soul of the in-
1966]. strument. [Kilosbayan v. Guingona, GR
113375. May 5, 1994].
Anemia. A condition in which the normal
amount of red blood cells is reduced. [Sierra Animus interficendi. Lat. Intent to kill. [People
v. GSIS, GR 50954. Feb. 8, 1989]. v. Quijada, GR 115008-09. July 24, 1996].
Angary. The legal right of a belligerent to Animus lucrandi. Lat. Intent to gain. [People
seize, use, or destroy the property of a neu- v. Gavina, GR 118076. Nov. 20, 1996].
tral, provided that full compensation is
Animus manendi. Lat. Intention to remain
made.
there. [Romualdez v. RTC Tacloban, GR
Angary, Right of. Intl. Law. A right by which a 104960 Sep. 14, 1993].
belligerent may, upon payment of just com-
Animus non revertendi. Lat. 1. An intention
pensation, seize, use or destroy, in case of
not to return. 2. An intention to abandon the
urgent necessity for purposes of offense or
old domicile. [Romualdez v. RTC Tacloban,
defense, neutral property found in its territo-
GR 104960 Sep. 14, 1993].
ry, in enemy territory, or on the high seas.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 157]. Animus novandi. Lat. Intention to novate. [Tui
Siuco v. Habana, GR 21106 Feb. 21, 1924].
Animal welfare. The physical and psychologi-
cal well-being of non-human animals. Animus occupandi. Lat. Intention to take
possession of or seize. Legal rule that in or-
Animal Welfare Act of 1998, The. RA 8485
der for a state to claim title to a territory, the
entitled ―An Act to Promote Animal Welfare
state must intend to exercise sovereign
in the Phils., Otherwise Known as ‗The Ani-
powers therein.
mal Welfare Act of 1998‘‖ enacted on Feb.
11, 1998. Animus possidendi. Lat. An intent to pos-
sess. [Veroy v. Layague, GR 95630. June
Animus. Lat. Mind, soul, or intention. 1. Hostil-
18, 1992].
ity or ill feeling. 2. Motivation to do some-
thing. Also called Animo. Animus rem sibi habiendi. Lat. Intent to ap-
propriate the thing as one‘s own. [Tolentino,
Animus contrahendi. Lat. An intention to
Civ. Code of the Phils., Vol. II, Repr. 2001,
contract.
p. 465].
Animus donandi. Lat. Intent to do an act of
Animus revocandi. Lat. Intent to revoke.
liberality. [Tayoto v. Cabalo Kusop, GR
[Maloto v. CA, GR 76464. Feb. 29, 1988].
74203. Apr. 17, 1990].
Animus testandi. Lat. The intent to make a
Animus fruendi. Lat. The intent to enjoy or
will or testament.
receive the fruits. [People v. Ret, 6952-R,
Feb. 28, 1952]. Annex. To attach, and often, specifically, to
subjoin. To add to; to unite.

58
Annexes to the Chicago Convention. The Annual procurement program. The itemized
documents issued by the Intl. Civil Aviation list prepared by the local chief exec. show-
Org. (ICAO) containing the standards and ing the kind, estimated quantity, estimated
recommended practices applicable to civil cost, description of supplies together with
aviation. [Sec. 3, RA 9497]. the balance on hand, if any, required by the
local govt. for the ensuing fiscal year. The
Annotation. A remark, note, case summary,
annual procurement program shall essen-
statutory provision on the certificate of land
tially be based on the annual procurement
title intended to illustrate or explain its
plan. [Sec. 4, Rules and Regulations on
meaning as well as to note the transactions
Supply and Property Management].
made by the owner and other pertinent in-
formation on the property subject thereof. Annuity. An amount payable yearly or at other
regular intervals (e.g., quarterly) for a certain
Annotations. Remarks, notes, case summar-
or uncertain period [as for years or for life,
ies, or commentaries following statutes
as in the case of an endowment fund]. The
which describe interpretations of the statute.
term may refer to the right to receive such
Annual allowable cut. The volume of materi- annuities, or to the agreement or contract
als, whether of wood or other forest prod- whereby in return for capital consisting of
ucts, that is authorized to be cut regularly money or other property given by the annui-
from the forest. [Sec. 3, PD 705]. tant [one entitled to receive the benefits], the
recipient binds himself to pay the stipulated
Annual budget. A financial plan embodying annuity. [De Leon, Fundamentals of Taxa-
the estimates of income certified as reason- tion, 2000 Ed., p. 97].
ably collectible by the provincial treasurer in
the case of provinces and their respective Annul. To reduce to nothing; to annihilate;
municipalities and by the city treasurer in the obliterate; blot out; to make void or of no ef-
case of cities, and appropriations covering fect; to nullify; to abolish. [Nuguid v. Nuguid,
the proposed expenditures for the ensuing GR L-23445. June 23, 1966].
fiscal year. [Sec. 14, PD 477].
Annullable contract. See Voidable contract.
Annual income. Revenues and receipts real-
Annulment. Making void; Canceling an event
ized by provinces, cities and municipalities
or judicial proceeding both retroactively and
from regular sources of the local general
for the future.
and infrastructure funds incl. the internal
revenue and specific tax allotments provided Annulment of a contract, action for the. An
for in PDs 144 and 436, both as amended, action which may be instituted by all who
but exclusive of non-recurring receipts, such are thereby obliged principally or subsidiarily
as other natl. aids, grants, financial assis- under the contract. However, persons who
tance, loan proceeds, sales of fixed assets, are capable cannot allege the incapacity of
and similar others. [Sec. 4, EO 249, July 25, those with whom they contracted; nor can
1987]. those who exerted intimidation, violence, or
undue influence, or employed fraud, or
Annual procurement plan. The itemized list
caused mistake base their action upon the-
prepared by the head of the department or
se flaws of the contract. [Art. 1397, CC].
office showing the kind, estimated quantity,
estimated cost, description of supplies or Annulment of judgment. Grounds: (a) that
property together with the balance on hand, the judgment is void for want of jurisdiction
if any, required by the department or office or lack of due process of law, or (b) that it
for the ensuing fiscal year. [Sec. 4, Rules has been obtained by fraud. [Santos v. CA,
and Regulations on Supply and Property GR 59771. July 21, 1993].
Management].

59
Anonymous. [A person] not identified by Ante nuptial. An event or document which
name; of unknown name. pre-dates a marriage.
Anonymous testing. An HIV testing proce- Ante-nuptial agreement. One which is signed
dure whereby the individual being tested before marriage.
does not reveal his/her true identity. An
Ante-nuptial gift. A gift given by one spouse
identifying number or symbol is used to sub-
to the other before marriage.
stitute for the name and allows the laborato-
ry conducting the test and the person on Antecedence. Priority: preceding in time.
whom the test is conducted to match the
Antecedent. Preceding in time or order; previ-
test results with the identifying number or
symbol. [Sec. 3, RA 8504]. ous or preexisting.
Anorexia nervosa. Legal Med. A disorder Antecedent intelligence. Otherwise known as

characterized by a distorted body image, an the Doctrine of last clear chance.
extreme fear of obesity, refusal to maintain a Antedate. To date back; retroactively. To date
minimally normal body weight, and in wom- a document to a time before it was written.
en, the absence of menstrual periods. To date back; retroactively. To date a doc-
[Olarte, Legal Med., 1st Ed. (2004), p. 139]. ument to a time before it was written.
Compare with Bulimia nervosa.
Antedated check. A check that is dated earli-
Anovulatory. The 1st menstrual period of a er than when it was actually drawn or deliv-
girl characterized by the absence of ovula- ered to make it appear that it had been
tion. drawn earlier but delayed in delivery. Note
Answer. 1. A pleading in which a defendant or that it is not invalid for that reason unless it
is drawn for an illegal or fraudulent purpose.
other adverse party sets forth the negative
and affirmative defenses upon which he re- [Sec. 8, Act 2031, NIL].
lies. [Sec. 4, Rule 6, RoC]. 2. A formal, writ- Antedated instrument. A negotiable instru-
ten statement by the defendant in a lawsuit ment where the date appearing thereon is
which answers each allegation contained in earlier than the true date of its issuance.
the complaint. Compare with Postdated instrument.
Answers to interrogatories. A formal written Anthropogenic. Environmental pollution and
statement by a party to a lawsuit which an- pollutants originating in human activity.
swers each question or interrogatory pro-
pounded by the other party. These answers Anthropology. 1. The study of humankind, in
must be acknowledged before a notary pub- particular. 2. The comparative study of hu-
lic or other person authorized to take ac- man societies and cultures and their devel-
knowledgments. opment.
Ante litem motam. Lat. Before the controver- Anthropogenic causes. Causes resulting
sy. [Sec. 39, Rule 130, RoC]. from human activities or produced by human
beings. [Sec. 3, RA 9729].
Ante mortem. Preceding death.
Anthropological area. Any place where stud-
Ante mortem statement. A statement made ies of specific cultural groups are being or
in view of death, by one injured, as to the should be undertaken in the field of anthro-
cause and manner of the injury, which is of- pology. Anthropology in this case is descrip-
ten receivable in evidence against the one tive, interpretative and comparative study of
charged with causing the death. See Dying all aspects of various cultural linguistic
declaration. groups incl. the collection and analysis of

60
their particular material culture. [Sec. 3, RA sworn in or having given the bond required
4846]. by law. [Art. 236, RPC].
Anti. 1. Opposed to; against. 2. A person op- Anticipatory. 1. Happening, performed, or felt
posed to a particular policy, activity, or idea. in anticipation of something. 2. Taking the
form of an announcement or indication that
Anti-Alias Law. CA 142, as amended by RA
a contract will not be honored.
6085, entitled ―An Act to Regulate the Use
of Aliases‖ enacted on 7 Nov. 1936. Anticipatory breach. A breach of contract
committed prior to the time of required per-
Anti-Bullying Act of 2013. RA 10627 entitled
formance.
―An Act Requiring All Elementary and Sec-
ondary Schools to Adopt Policies to Prevent Anticipatory breach doctrine. The rule that
and Address the Acts of Bullying in Their In- where the covenant or contract is entire, and
stitutions‖ enacted on Sep. 12, 2013. the breach total, there can be only action,
and the plaintiff must therein recover all his
Anti-Cable Television and Cable Internet
damages. [Blossom & Co. v. Manila Gas,
Tapping Act of 2013. RA 10515 entitled
GR 32958. Nov. 8, 1930].
―An Act Prohibiting and Penalizing Unau-
thorized Interception, Reception or Use of Anti-Deadly Arrow Law. RA 3553 entitled ―An
Any Signal or Service Over a Cable Televi- Act to Prohibit the Possession of Deadly Ar-
sion System or Cable Internet System row‖ enacted on June 21, 1963.
and/or Network, and for Other Purposes‖
Anti-Drunk and Drugged Driving Act of
enacted on Apr. 17, 2013.
2013. RA 10586 entitled ‖ An Act Penalizing
Anti-Carnapping Act of 1972. RA 6539 enti- Persons Driving Under the Influence of Al-
tled ―An Act preventing and penalizing car- cohol, Dangerous Drugs, and Similar Sub-
napping‖ enacted on Aug. 26, 1972. stances, and for Other Purposes‖ enacted
on May 27, 2013.
Anti-Cattle Rustling Law of 1974. PD 533
signed into law on Aug. 8, 1974. Anti-Dummy Law. CA 108, as amended by
PD 715, entitled ―An Act to Punish Acts of
Anti-Child Pornography Act of 2009. RA
Evasion of the Laws on The Nationalization
9775 entitled ―An Act Defining the Crime of
of Certain Rights, Franchises or Privileges‖
Child Pornography, Prescribing Penalties
enacted on Oct. 30, 1936.
Therefor and for Other Purposes‖ enacted
on Nov. 17, 2009. Anti-Dumping Duty. The amount of duty lev-
ied on a ―dumped‖ product, commodity or
Antichresis. Civ. Law. The pledge of real
article of commerce to discourage its impor-
property as security for a debt.
tation into the Phils. [RA 8752, Anti-
Antichresis contract. A contract whereby the Dumping Act of 1999].
creditor acquires the right to receive the
Anti-Electricity and Electric Transmission
fruits of an immovable of his debtor, with the
Lines or Materials Pilferage Act of 1994.
obligation to apply them to the payment of
RA 7832 entitled ―An Act Penalizing the Pil-
the interest, if owing, and thereafter to the
ferage of Electricity and Theft of Electric
principal of his credit. [Art. 2132, CC].
Power Transmission Lines or Materials, Ra-
Anticipation. The action of anticipating some- tionalizing System Losses by Phasing Out
thing; expectation or prediction. Pilferage Losses as a Component Thereof,
and for Other Purposes‖ enacted on Dec. 8,
Anticipation of duties of a public office. The 1994.
assumption by any person of the perfor-
mance of the duties and powers of any pub- Anti-Enforced or Involuntary Disappear-
lic officer or employment without first being ance Act of 2012, The. RA 10353 entitled

61
―An Act Defining and Penalizing Enforced or Anti-Plunder Act. RA 7080 entitled ―An Act
Involuntary Disappearance‖ enacted on Defining and Penalizing the Crime of Plun-
Dec. 21, 2012. der‖ enacted on July 12, 1991.
Anti-Fencing Law of 1979. PD 1612 entitled Antique. A collectible object such as a piece
―Anti-Fencing Law‖ signed into law on Mar. of furniture or work of art that has a high
2, 1979. value bec. of its considerable age.
Anti-Graft and Corrupt Practices Act. RA Antique firearm. Any: (a) firearm which was
3019 enacted on Aug. 17, 1960. manufactured at least 75 years prior to the
current date but not incl. replicas; (b) firearm
Anti-graft and corrupt practices. Elements:
which is certified by the Natl. Museum of the
(a) The accused is a public officer discharg-
Phils. to be curio or relic of museum interest;
ing administrative or official functions or pri-
and (c) any other firearm which derives a
vate persons charged in conspiracy with
substantial part of its monetary value from
them; (b) the public officer committed the
the fact that it is novel, rare, bizarre or bec.
prohibited act during the performance of his
of its association with some historical figure,
official duty or in relation to his public posi-
period or event. [Sec. 3, RA 10591].
tion; (c) the public officer acted with manifest
partiality, evident bad faith or gross, inex- Antiques. Cultural properties found locally
cusable negligence; and (d) his action which are 100 years or more in age or even
caused undue injury to the Govt. or any pri- less, but their production having ceased,
vate party, or gave any party any unwar- they have, therefore, become or are becom-
ranted benefit, advantage or preference to ing rare. [Sec. 3, RA 4846].
such parties. [Quibal v. Sandiganbayan, GR
Anti-Rabies Act of 2007. RA 9482 entitled
109991. May 22, 1995].
―An Act Providing for the Control and Elimi-
Anti-Hazing Law. RA 8049 entitled ―An Act nation of Human and Animal Rabies, Pre-
Regulating Hazing and Other Forms of Initi- scribing Penalties for Violation Thereof and
ation Rites in Fraternities, Sororities, and Appropriating Funds Therefor‖ enacted on
Orgs. and Providing Penalties Therefor‖ en- May 25, 2007.
acted on June 7, 1995.
Anti-Rape Law of 1997, The. RA 8353 enti-
Anti-Hijacking Law. RA 6235 entitled ―An Act tled ―An Act Expanding the Definition of the
Prohibiting Certain Acts Inimical to Civil Avi- Crime of Rape, Reclassifying the Same as a
ation, and for Other Purposes‖ enacted on Crime Against Persons, Amending for the
June 19, 1971. Purpose Act 3815, as Amended, Otherwise
Known as the Rev. Penal Code and for Oth-
Anti-Money Laundering Council (AMLC).
er Purposes‖ enacted on Sep. 30, 1997.
The Council created by virtue of RA 9160,
as amended, otherwise known as the ―Anti- Anti-Red Tape Act of 2007. RA 9485 entitled
Money Laundering Act of 2001, as amend- ―An Act to Improve Efficiency in the Delivery
ed‖. [Sec. 3, RA 10168]. of Govt. Service to the Public by Reducing
Bureaucratic Red Tape, Preventing Graft
Anti-Photo and Video Voyeurism Act of
And Corruption, and Providing Penalties
2009. RA 9995 entitled ―An Act Defining and
Therefor‖ enacted on June 2, 2007.
Penalizing the Crime of Photo and Video
Voyeurism, Prescribing Penalties Therefor, Anti-Sexual Harassment Act of 1995. RA
and for Other Purposes‖ enacted on Feb. 7877 entitled ―An Act Declaring Sexual Har-
15, 2010. assment Unlawful in the Employment, Edu-
cation or Training Environment, and for Oth-
Anti-Piracy and Anti-Highway Robbery Law
er Purposes‖ enacted on Feb. 14, 1995.
of 1974. PD 532 signed into law on Aug. 8,
1974.

62
Anti-Squatting Law Repeal Act of 1997. RA communication, and for other purposes‖ en-
8368 entitled ―An Act Repealing PD 772, acted on June 19, 1965.
Entitled 'Penalizing Squatting and Other
Antrefois acquit. French for "previously con-
Similar Acts‘‖ enacted on Oct. 27, 1997.
victed." A plea made by a defendant, indict-
Anti-Subversion Act. The law which criminal- ed for a crime or misdemeanor, that he has
izes any act or conspiracy to overthrow the formerly been tried and acquitted of the
govt. for the purpose of establishing a totali- same offense. [First used in People v. Her-
tarian regime, and to a place the govt. under nando, GR L-55213, Oct. 9, 1981]. See also
the control and domination of an alien pow- Autrefois acquit.
er. [Sec. 2, RA 1700, Anti-Subversion Act].
Anxiety. A feeling of worry, nervousness, or
Anti-Terrorism Council (ATC). 1. A Council unease, typically about an imminent event
created under RA 9372 the members of or something with an uncertain outcome.
which are: (a) the Exec. Sec., who shall be
Anxiety neurosis. A progressive disintegra-
its Chairperson; (b) the Sec. of Justice, who
tion of personal instability arising in the
shall be its Vice Chairperson; and (c) the
course of the intercurrent illness. [Galanida
Sec. of Foreign Affairs; (d) the Sec. of Natl.
v. ECC, GR L-70660. Sep. 24, 1987].
Defense; (e) the Sec. of the Interior and Lo-
cal Govt.; (f) the Sec. of Finance; and (g) the Anxious. Uneasy and apprehensive about an
Natl. Security Advisor, as its other members. uncertain event or matter; worried.
The Council shall implement RA 9372 and
assume the responsibility for the proper and AOC. See Air Operator Certificate.
effective implementation of the anti-terrorism Aparador. Sp. 1. Locker. [People v. Repuela,
policy of the country [and] shall formulate GR 85178, Mar. 15, 1990]. 2. Cabinet.
and adopt comprehensive, adequate, effi- [People v. Nopia, GR L-36297-99. Apr. 26,
cient, and effective anti-terrorism plans, pro- 1982]. 3. Wardrobe. [People v. Castillo, GR
grams, and counter-measures to suppress L-11793. May 19, 1961].
and eradicate terrorism in the country and to
protect the people from acts of terrorism. Apartheid. Inhumane acts committed in the
[Sec. 53, RA 9372]. 2. The Council created context of an institutionalized regime of
by, virtue of RA 9372, otherwise known as systematic oppression and domination by
the ―Human Security Act of 2007″. [Sec. 3, one racial group or groups and committed
RA 10168]. with the intention of maintaining that regime.
[Sec. 3, RA 9851].
Anti-Torture Act of 2009. RA 9745 entitled
―An Act Penalizing Torture and Other Cruel, Apartment. A suite of rooms forming one resi-
Inhuman and Degrading Treatment or Pun- dence, typically in a building containing a
ishment and Prescribing Penalties Therefor‖ number of these.
enacted on Nov. 10, 2009. Apartment house. A building containing a
Anti-Violence Against Women and Their number of separate residential suites. [Sec.
Children Act of 2004. RA 9262 entitled ―An 63, PD 856].
Act Defining Violence Against Women and Apathetic. Showing or feeling no interest,
Their Children, Providing for Protective enthusiasm, or concern.
Measures for Victims, Prescribing Penalties
Therefor, and for Other Purposes‖ enacted Apathy. Legal Med. Serious disregard of the
on Mar. 8, 2004. surroundings. [Olarte, Legal Med., 1st Ed.
(2004), p. 150].
Anti-Wire Tapping Act. RA 4200 entitled ―An
Act to prohibit and penalize wire tapping and APO. See Accredited Professional Organi-
other related violations of the privacy of zation.

63
Apoderamiento. Sp. Unlawful taking. [People award of a lower body to a higher body, by
v. Puno, GR 97471. Feb. 17, 1993]. means of a pleading which includes the as-
signment of errors, memorandum of argu-
Apodictic. That can clearly be shown or
ments in support thereof, and the reliefs
proved; absolutely certain or necessarily
prayed for. [Sec. 1, Rule 1, Book 5, IRR of
true.
LC].
Apparent. Appearance to unaided senses that
Appeal bond. A guaranty by the appealing
is not or may not be borne out by more rig-
party insuring that court costs will be paid.
orous examination or greater knowledge.
[Bank of America, NT & SA v. CA, GR Appeal by certiorari. A mode of appeal upon
105395. Dec. 10, 1993]. questions of law from the judgment of the
RTC or the CA and is brought before the
Apparent authority. Civ. Law. 1. The power to
Sup. Court under Rule 45 of the Rules of
affect the legal relations of another person
Court by a Petition for review on certiora-
by transactions with 3rd persons arising
ri. Compare with Special civil action for
from the other‘s manifestations to such 3rd
certiorari.
person such that the liability of the principal
for the acts and contracts of his agent ex- Appeal, Perfection of an. The filing within the
tends to those which are within the apparent prescribed period, of the memorandum of
scope of the authority conferred on him, alt- appeal containing, among others, the as-
hough no actual authority to do such acts or signment of error/s, the argument in support
to make such contracts has been conferred. thereof, the reliefs sought and posting of the
[Sargasso Const. & Devt. Corp. v. PPA, GR appeal bond. [Sec. 1, Rule 1, Book 5, IRR of
170530, July 5, 2010]. 2. That which, though LC].
not actually granted, the principal knowingly
Appealable. Capable of being appealed esp.
permits the agent to exercise, or which he
to a higher tribunal.
holds out as possessing.
Appealable interest. [That interest which] a
Apparent authority doctrine. The doctrine-
party has only when his property may be
holding that the principal is liable for obliga-
diminished, his burdens increased or his
tions contracted by the agent. The agent‘s
rights prejudiced by the order sought to be
apparent representation yields to the princi-
reviewed. [Ruiz v. CA, GR 101566. Aug. 17,
pal‘s true representation and the contract is
1992].
considered as entered into bet. the principal
and the third person. [Prudential Banl v. CA, Appear. To present oneself formally before a
GR 108957 June 14, 1993]. See Ostensible court as defendant, plaintiff, or counsel.
authority doctrine.
Appearance. 1. Voluntary submission to a
Apparent easements. Those easements court's jurisdiction. [Villegas v. Legaspi, GR
which are made known and are continually 53869. Mar. 25, 1982]. 2. The act of show-
kept in view by external signs that reveal the ing up in court as either plaintiff, defendant,
use and enjoyment of the same. [Art. 615, accused or any other party to a civil or crim-
CC]. inal suit. Appearances are most often made
by lawyers on their clients behalf and any
Appeal. 1. Rem. Law. An essential part of
appearance by a lawyer binds the client.
judicial system [the purpose of which] is to
bring up for review a final judgment of the Appearance as counsel. A voluntary submis-
lower court. [Aguilar v. CA, GR 11482. Nov. sion to a court's jurisdiction by a legal advo-
28, 1995]. 2. A proceeding brought to a cate or advising lawyer professionally en-
higher court to review a lower court deci- gaged to represent and plead the cause of
sion. 3. Labor. 1. The elevation by an ag- another. [Haverty Furniture Co. v. Fausta,
grieved party of any decision, order or 124 S.N. 2d 694, 697].

64
Appellant. The party appealing a decision or be paid. [Diaz, Bus. Law Rev., 1991 Ed., p.
judgment [before an appellate court]. 42].
Appellant's brief. The document prepared by Appoint. To allot, set apart, or designate;
the appellant that summarizes the facts of nominate or authoritatively assign as for a
the case and the reasons why the decision use, or to a position or office. [Borromeo v.
of the trial court is erroneous. This brief is Marciano, GR 16808. Jan. 3, 1921].
the single most important document in an
Appointee. An official who is appointed.
appeal. The outcome of the appeal depends
on the arguments set forth in this brief. Appointing authority. The person empow-
ered to appoint the members of the BoD of a
Appellate. Concerned with or dealing with
local water district, depending upon the ge-
applications for decisions to be reversed.
ographic coverage and population make-up
Appellate court. A court having jurisdiction to of the particular district. In the event that
hear appeals and review a trial court's pro- more than 75% of the total active water ser-
cedure. vice connections of a local water district are
within the boundary of any city or municipali-
Appellate jurisdiction. The authority of a
ty, the appointing authority shall be the
Court higher in rank to reexamine the final
mayor of that city or municipality, as the
order or judgment of a lower Court which
case may be; otherwise, the appointing au-
tried the case now elevated for judicial re-
thority shall be the governor of the province
view. [Garcia v. De Jesus, GR 88158. Mar.
within which the district is located. If portions
4, 1992]. Compare with Original jurisdic-
of more than one province are included with-
tion.
in the boundary of the district, and the ap-
Appellee. The party against whom an appeal pointing authority is to be the governors then
is taken. the power to appoint shall rotate bet. the
governors involved with the initial appoint-
Appendix. Supplementary materials added to
ments made by the governor in whose prov-
the end of a document. ince the greatest number of service connec-
Appliances. Instruments, equipment, appa- tions exists. [Sec. 3, PD 198]. 2. The person
ratus, parts, appurtenances, or accessories, or institution named in the arbitration
of whatever description, which are used, or agreement as the appointing authority; or
are capable of being or intended to be used, the regular arbitration institution under
in the navigation, operation, or control of air- whose rule the arbitration is agreed to be
craft in flight [incl. parachutes and incl. conducted. Where the parties have agreed
communication equipment and any other to submit their dispute to institutional arbitra-
mechanism or mechanisms installed in or tion rules, and unless they have agreed to a
attached to aircraft during flight], and which different procedure, they shall be deemed to
are not part or parts of aircraft, aircraft en- have agreed to procedure under such arbi-
gines, or propellers. [Sec. 3, RA 9497]. tration rules for the selection and appoint-
ment of arbitrators. In ad hoc arbitration, the
Application. A formal request to an authority default appointment of arbitrators shall be
for something. made by the Natl. Pres. of the IBP his duly
Application of payment. It takes place where authorized representative. [Special Rules of
a debtor has various debts of the same kind Court on ADR, Rule 1.11, AM 07-11-08-SC,
in favor of one and the same creditor and Sep. 1, 2009].
the debtor‘s payment is not sufficient to pay Appointing officer. The person or body au-
all the debts due, so the debtor has the 1st thorized by law to make appointments in the
choice to indicate which particular debt is to Phil. Civil Service. [Sec. 3, PD 807].

65
Appointing power of the President. The a given office. [Flores v. Drilon, GR 104732.
power of the Pres. to nominate and, with the June 22, 1993]. Compare with Designation.
consent of the Commission on Appoint-
Appointment to a public office. Admin. Law.
ments, appoint the heads of the executive
The unequivocal act, of one who has the au-
department, ambassadors, other public min-
thority, of designating or selecting an indi-
isters and consuls, or officers of the armed
vidual to discharge and perform the duties
forces from the rank of colonel or naval cap-
and functions of an office or trust. [Chavez
tain, and other officers whose appointments
v. Ronidel, GR 180941, 11 June 2009].
are vested in him in this Consti., and also to
appoint all other officers of the Govt. whose Apportion. 1. Divide and allocate. 2. Assign.
appointments are not otherwise provided for
by law, and those whom he may be author- Apportionment. The division and distribution
ized by law to appoint. [Sec. 16, Art. VII, of something into proportionate parts; to
1987 Consti.]. each acc. to his share.
Appraisal. The act or process of determining
Appointive. Relating to or filled by appoint-
ment rather than election. the value of a property as of a specific date
for a specific purpose. [Sec. 3, PD 464].
Appointive Director. (a) In the case of char-
Appraisal increase. This is computed by de-
tered GOCCs, all members of its BoD or
BoT who are not ex officio members thereof; ducting historical cost from appraised val-
(b) In the case of nonchartered GOCCs, ues. [RCPI v. Natl. Wages Council, GR
members of its BoD or BoT whom the State 93044. Mar. 26, 1992].
is entitled to nominate, to the extent of its Appraisal right. Corp. Law. 1. The right of a
percentage shareholdings in such GOCC; stockholder of a corp. to dissent and de-
and (c) In the case of subsidiaries and affili- mand payment of the fair value of his
ates, members of its BoD or BoT whom the shares. [Sec. 81, Corp. Code]. 2. The right
GOCC is entitled to nominate to the extent of a dissenting shareholder to require the
of its perrcentage shareholdings in such company to purchase his shares at their fair
subsidiary or affiliate. [Sec. 3, RA 10149]. market value.
Appointive officials. [Those who] hold their Appraisal value. Also termed as Replace-
office by virtue of their designation thereto ment cost or Reproduction cost. The re-
by an appointing authority. Some appointive valued amount of property, plant and
officials hold their office in a permanent ca- equipment determined by recognized spe-
pacity and are entitled to security of tenure cialists. [RCPI v. Natl. Wages Council, GR
while others serve at the pleasure of the ap- 93044. Mar. 26, 1992].
pointing authority. [Fariñas v. Exec. Sec.,
GR 147387. Dec. 10, 2003]. Compare with Appraise. 1. Assess the value or quality of. 2.
Elective officials. Set a price on; value.
Appointment. Admin. Law. 1. The designation Appraised value. 1. The estimated value of
of a person, by the person or persons hav- disposable property after inspection taking
ing authority therefor, to discharge the du- into account its condition, usability and other
ties of some office or trust. 2. The selection factors. [Sec. 4, Rules and Regulations on
or designation of a person, by the person or Supply and Property Management]. 2. The
persons having authority therefor, to fill an quantification of the present financial values
office or public function and discharge the of the property, to determine the fair and
duties of the same. [Flores v. Drilon, GR said value of the property vis-à-vis the gen-
104732. June 22, 1993]. 3. The selection, by eral property area in which it is located, and
the authority vested with the power, of an relative vales thereof. [Memo. from the Ex-
individual who is to exercise the functions of ec. Sec. dated Aug. 20, 1998].

66
Appraiser. Also known as Valuer. A person Appropriar. Sp. Misappropriate. To own, to
who conducts valuation or appraisal; specif- take something for one's own benefit. [Sy v.
ically, one who possesses the necessary People, GR 85785. Apr. 24, 1989].
qualifications, license, ability and experience
to execute or direct the valuation or apprais- Appropriate. 1. Adj. Suitable or proper in the
al of real property. [Sec. 3, RA 9646]. circumstances. 2. V. To take something for
one's own use, typically without the owner's
Apprentice. Labor. 1. A worker who is cov- permission.
ered by a written apprenticeship agreement
with an individual employer or any of the en- Appropriate adversary proceeding. One
tities recognized under the Labor Code. [Art. having opposing parties; contested, as dis-
58, LC]. 2. A person bound in the form of tinguished from an ex parte application, one
law to a master, to learn from him his art, of which the party seeking relief has given
trade, or business, and to serve him during legal warning to the other party, and afford-
the time of his apprenticeship. [Wallem Mari- ed the latter an opportunity to contest it. It
time Services v. NLRC, GR 108433. Oct. excludes an adoption proceeding. [Rep. v.
15, 1996]. CFI of Camarines, GR L-36773. May 31,
1988].
Apprentice, Qualifications of. Labor. To
qualify as an apprentice, a person shall: (a) Appropriate fishing technology. Adaptable
be at least 15 year of age; (b) possess voca- technology, both in fishing and ancillary in-
tional aptitude and capacity for apprentice- dustries, that is ecologically sound, locally
ship as established through appropriate source-based and labor intensive. [Sec. 4,
tests; and (c) possess the ability to compre- RA 8550].
hend and follow oral and written instructions. Appropriation. 1. The legislative authorization
[Art. 59, LC, as amended]. prescribed by the Consti. that money may
Apprenticeable occupation. Labor. Any be paid out of the Treasury. [Gonzales v.
trade, form of employment or occupation Raquiza, GR 29627. Dec. 19, 1989]. 2. An
which requires more than 3 months of prac- authorization made by law or other legisla-
tical training on the job supplemented by re- tive enactment, directing payment out of
lated theoretical instruction. [Art. 58, LC]. govt. funds under specified conditions or for
specific purposes.
Apprenticeship. Labor. Practical training on
the job supplemented by related theoretical Appropriation. Governing principles: (a) Prin-
instruction. [Art. 58, LC]. ciple of the Public Fisc, asserting that all
monies received from whatever source by
Apprenticeship agreement. Labor. An em- any part of the govt. are public funds; and
ployment contract wherein the employer (b) Principle of Appropriations Control, pro-
binds himself to train the apprentice and the hibiting expenditure of any public money
apprentice in turn accepts the terms of train- without legislative authorization.
ing. [Art. 58, LC].
Appropriation bill. A bill [in Congress] the
Approbate. Approve formally; sanction. primary and specific purpose of which is to
Approbate and reprobate. In the language of authorize the release of funds from the pub-
the Scotch law, the rule that a party can not lic treasury. [Suarez, Pol. Law Reviewer, 1st
either in the course of litigation or in dealing Ed., 2002, p. 352].
in pais occupy inconsistent positions. [Bis- Appropriation law. One the primary and spe-
morte v. Aldecoa & Co., GR L-5586, Dec. cific purpose of which is to authorize the re-
10, 1910]. lease of public funds from the treasury. [As-
soc. of Small Landowners v. Sec. of Agrari-
an Reform, GR 78742. July 14, 1989].

67
Appropriation made by law. The act of the Approved budget for the contract (ABC).
legislature setting apart or assigning to a The budget for the contract duly approved
particular use a certain sum to be used in by the head of the procuring entity, as pro-
the payment of debt or dues from the State vided for in the General Appropriations Act
to its creditors. [Gonzales v. Raquiza, GR (GAA) and/or continuing appropriations, in
29627. Dec. 19, 1989]. the natl. govt. agencies; the corporate
budget for the contract approved by the
Appropriation of water. The acquisition of
governing boards, pursuant to EO 518, s.
rights over the use of waters or the taking or
1979, in the case of GFIs and state universi-
diverting of waters from a natural source in
ties and colleges; and the budget for the
the manner and for any purpose allowed by
contract approved by the respective
law. [Art. 9, PD 1067].
Sanggunian, in the case of LGUs. [Sec. 5,
Appropriation sub rosa. An appropriation the RA 9184].
purpose of which is to allot a budget which
Appurtenance. Something that, although
is intended to benefit legislators. To hide this
detached, stands as part of another thing.
to the public, the legislators agree among
An attachment or appendage to something
themselves that the same shall no longer be
else.
scrutinized and subjected to public hearings.
[Suarez, Pol. Law Reviewer, 1st Ed., 2002, Apropos. 1. Being at once opportune and to
p. 342]. the point; relevant. 2. With regard to; con-
cerning.
Appropriations. 1. An authorization made by
law or other legislative enactment, directing APT. Asset Privatization Trust.
payment out of govt. funds under specified
Aquaculture. 1. Fishery operations involving
conditions or for specified purposes. [Sec. 2,
all forms of raising and culturing fish and
Chap. 1, Book VI, EO 292]. 2. The estimates
other fishery species in fresh, brackish and
of expenditures in a budget when finally ap-
marine water areas. [Sec. 4, RA 8550]. 2.
proved by the appropriate authorities con-
The rearing or raising under controlled con-
cerned. [Sec. 14, PD 477]. 3. The term em-
ditions of aquatic products such as fish, oys-
braces the general legislative authority to
ters, seaweeds and other aquatic resources
spend and is greater in scope than Allot-
in sea, lakes, rivers and swamps and other
ments.
bodies of water like fishponds, fish pens,
Appropriations bill. A bill filed in Congress and seaweed cultures.
proposing to authorize the release of funds
Aquatic. Of or relating to water.
from the public treasury.
Aquatic life. All organisms living in freshwater,
Appropriations control principle. One of two
brackish and marine environment. [Sec 4,
governing principles of Appropriation prohib-
RA 9275].
iting expenditure of any public money with-
out legislative authorization, the other one Aquatic pollution. The introduction by human
being the principle of Public Fisc. or machine, directly or indirectly, of sub-
stances or energy to the aquatic environ-
Appropriations law. A statute, the primary
ment which result or is likely to result in such
and specific purpose of which, is to author-
deleterious effects as to harm living and
ize release of public funds from treasury.
non-living aquatic resources, pose potential
See also Appropriation law.
and/or real hazard to human health, hin-
Approve. To consent to officially or formally; drance to aquatic activities such as fishing
confirm or sanction. and navigation, incl. dumping or disposal of
waste and other marine litters, discharge of
Approved. Established by authority; given
petroleum or residual products of petroleum
authoritative approval.

68
or carbonaceous materials or substances, Arbitrary. 1. Based on random choice or per-
and other, radioactive, noxious or harmful sonal whim, rather than any reason or sys-
liquid, gaseous or solid substances, from tem. 2. Unrestrained and autocratic in the
any water, land or air transport or other hu- use of authority.
man-made structure. [Sec. 4, RA 8550].
Arbitrary act. 1. One that arises from an unre-
Aquatic resources. Fish, all other aquatic strained exercise of the will, caprice, or per-
flora and fauna and other living resources of sonal preference of the actor. 2. One which
the aquatic environment, incl., but not lim- is not founded on a fair or substantial rea-
ited to, salt and corals. [Sec. 4, RA 8550]. son. 3. One which is without adequate de-
termining principle, non-rational, and solely
Aqueduct. An artificial channel for conveying
dependent on the actor's will. [All definitions
water, typically in the form of a bridge sup-
cited in Aquino v. Ponce-Enrile, GR L-
ported by tall columns across a valley.
35546. Sep. 17, 1974].
Aqueduct easement. The right of any person
Arbitrary deportation or forcible transfer of
who may wish to use upon his own estate
population. Forced displacement of the
any water of which he can dispose to make
persons concerned by expultion by expul-
it flow through the intervening estates, with
sion or other coercive acts from the area in
the obligation to indemnify their owners, as
which they are lawfully present, without
well as the owners of the lower estates upon
grounds permitted under domestic or intl.
which the waters may filter or descend. [Art.
law. [Sec. 3, RA 9851].
642, CC].
Arbitrary detention. Crim. Law. 1. The felony
Aquifer. A layer of water-bearing rock located
committed by any public officer or employee
underground that transmits water in suffi-
who, without legal grounds, detains a per-
cient quantity to supply pumping wells or
son. [Art. 124, RPC]. 2. The deprivation by a
natural springs. [Sec 4, RA 9275].
public officer of the liberty of a person with-
Arable. Fit for or used for the growing of out any legal ground. [Gregorio, Fund. of
crops. Crim. Law Rev., 1997 9th Ed., p. 377]. Com-
pare with Illegal detention.
Arable land. All lands generally under rota-
tion-whether it is under temporary crops, Arbitrate. To reach an authoritative judgment
temporarily fallowed, or used as temporary or settlement.
meadows.
Arbitration. 1. An alternative dispute resolu-
Arador. Plower of land. tion method by which an independent, neu-
tral 3rd person [arbitrator] is appointed to
ARB. See Agrarian reform beneficiary.
hear and consider the merits of the dispute
Arbiter. A person who settles a dispute or has and renders a final and binding decision
ultimate authority in a matter. called an award. The process is similar to
the litigation process as it involves adjudica-
Arbitrage. Fr. arbitere: to arbitrate or to regu- tion, except that the parties choose their ar-
late. The nearly simultaneous purchase of bitrator and the manner in which the arbitra-
currencies [or other commodities] in one tion will proceed. The decision of the arbitra-
market and its resale in another in order to tor is known as an ―award‖. 2. A process for
profit from the price differential. the adjudication of disputes by which the
Arbitral. Relating to or resulting from the use parties agree to be bound by the decision of
of an arbitrator to settle a dispute. a 3rd person or body in place of a regularly
organized tribunal. 3. The settling of dis-
Arbitral award. The decision reached by arbi- putes bet. parties who agree not to go be-
trators in an arbitration. fore the courts, but rather agree to accept as

69
final the decision of experts of their choice, document evidences of palaeontological and
in a place of their choice, usu. subject to pre-historic events. [Sec. 3, RA 4846].
laws agreed upon in advance and usu. un-
Archaeology. The study of human history and
der rules which avoid much of the formality
prehistory through the excavation of sites
and niceties of proof and procedure required
and the analysis of artifacts.
by the courts.
Archipelagic. Relating to or part of an archi-
Arbitration agreement. The agreement con-
pelago.
cluded bet. parties, providing for the sub-
mission of their dispute to arbitration, usu. in Archipelagic Baseline of the Philippines.
a particular place, under a particular law The baselines of the Phils. archipelago [as]
governing the dispute along with rules of are defined and described in Sec. 1 of RA
procedure governing the appointment of ar- 3046 [―An Act to Define the Baselines of the
bitrators and the arbitration process. The Territorial Sea of the Phils."], as amended
law applicable to the arbitration agreement, by Sec. RA 5446, and further amended by
the laws applicable to the subject of the dis- RA 9522 on Mar. 10, 2009.
pute, the law of the arbitral proceedings and
the applicable conflict rules may all be dif- Archipelagic doctrine. An integration of a
group of islands to the sea and their one-
ferent, each having a proper law of its own.
ness so that together they can constitute
Arbitration clause. A clause in a bill of lading, one unit, one country, and one state. An im-
a waybill, a charter party or other contract, aginary single baseline is drawn around the
providing that any dispute arising under the islands by joining appropriate points of the
contract shall be submitted to arbitration be- outermost islands of the archipelago with
fore one or more arbitrators, in the place straight lines and all islands and waters en-
and acc. to the laws and rules specified in closed within the baseline form part of the
the clause. territory. Main purpose is to protect the terri-
torial interests of an archipelago. [See last
Arbitration law. RA 876 entitled ―An Act to
sentence, Art. I, Consti.].
authorize the making of arbitration and
submission agreements, to provide for the Archipelagic sea. All waters within the base-
appointment of arbitrators and the proce- lines of an archipelago except internal wa-
dure for arbitration in civil controversies, and ters such as roadsteads, lakes and rivers.
for other purposes‖ enacted on June 19, [Sec. 4, DENR AO 95-23].
1953.
Archipelagic waters. The waters inside the
Arbitrator. 1. The person appointed to render archipelagic baselines of an archipelagic
an award, alone or with others, in a dispute state other than its internal waters.
that is the subject of an arbitration agree-
ment. [Sec. 3, RA 9285]. 2. A private, disin- Archipelago. A group of islands, such as the
terested person chosen by the parties in ar- Phils., so close to each other that they are
bitration to hear evidence concerning the historically regarded as an intrinsic whole -
geographically, economically and politically -
dispute and to make an award based on the
evidence. and this includes the natural features and
seas bet. the islands which are considered
ARC. See Agrarian reform community. as internal archipelagic waters.
Archaeological site. Any place which may be Archipelago principle. Intl. Law. The waters
underground or on the surface, underwater around, bet. and connecting the island of the
or at sea level which contains fossils, arti- archipelago, regardless of their breadth or
facts and other cultural, geological, botani- dimension, are to be treated as internal wa-
cal, zoological materials which depict and ters. [Sandoval, Pol. Law Reviewer 2003].

70
Architect. A person professionally and aca- uations, investigations, contract documents
demically qualified, registered and licensed and oral advice and directions regardless of
under RA 9266 with a Certificate of Regis- whether the persons engaged in such prac-
tration and Professional Identification Card tice are residents of the Phils. or have their
issued by the Professional Regulatory Board principal office or place of business in this
of Architecture and the PRC, and who is re- country or another territory, and regardless
sponsible for advocating the fair and sus- of whether such persons are performing one
tainable development, welfare and cultural or all these duties, or whether such duties
expression of society's habitat in terms of are performed in person or as the directing
space, forms and historical context. [Sec. 3, head of an office or org. performing them.
RA 9266]. [Sec. 3, RA 9266].
Architect-in-charge of construction. An Architecture, scope of the Practice of. En-
architect registered and licensed under RA compasses the provision of professional
9266, who is directly and professionally re- services in connection with site, physical
sponsible and liable for the construction su- and planning and the design, construction,
pervision of the project. [Sec. 3, RA 9266]. enlargement, conservation, renovation, re-
modeling, restoration or alteration of a build-
Architect-of-record. The architect registered
ing or group of buildings. [Sec. 3, RA 9266].
and licensed under RA 9266, who is directly
and professionally responsible for the total Archive. A collection of historical documents
design of the project for the client and who or records providing information about a
shall assume the civil liability for the plans, place, institution, or group of people.
specifications and contract documents
Archives. (a) Public records, papers, periodi-
he/she has signed and sealed. [Sec. 3, RA
cals, books or other items, articles or mate-
9266].
rials, whether in the form of electronic, au-
Architectural firm. A sole proprietorship, a dio-visual or print, which by their nature and
partnership or a corp. registered with the characteristics have enduring value, that
proper govt. agencies. [Sec. 3, RA 9266]. have been selected for permanent preserva-
tion; (b) The place [building or room or stor-
Architecture. The art, science or profession of
age area] where archival materials are kept
planning, designing and constructing build-
and preserved; and (c) An org. [or part of an
ings in their totality taking into account their
org.] whose main function is to select, col-
environment, in accordance with the princi-
lect and preserve archival records and make
ples of utility, strength and beauty. [Sec. 3,
such records available for public use. " [Sec.
RA 9266].
4, RA 9470].
Architecture, general Practice of. The act of
Area. The size of the land or building in square
planning and architectural designing, struc-
meters. [Memo. from the Exec. Sec. dated
tural conceptualization, specifying, supervis-
Aug. 20, 1998].
ing and giving general administration and
responsible direction to the erection, en- Area harvested. The land used for agricultural
largement or alterations of buildings and operation reported as many times as it was
building environments and architectural de- planted and harvested to the same crop or
sign in engineering structures or any part different crops during the reference period.
thereof; the scientific, aesthetic and orderly
Area highly restricted from conversion.
coordination of all the processes which enter
Agro-industrial cropland, or land presently
into the production of a complete building or
planted to industrial crops that support the
structure performed through the medium of
economic viability of existing agricultural in-
unbiased preliminary studies of plans, con-
frastructure and agro-based enterprises;
sultations, specifications, conferences, eval-
highland or area located at an elevation of

71
500 meters or higher and have the potential not disproven by a certain case. It is the op-
for growing semi-temperate and/or high val- posite of the analogy. Arguments a contrario
ue crops; land covered by a notice of land are often used in the legal system, as a way
valuation and acquisition; irrigable land not to solve problems not currently covered by a
covered by irrigation projects with firm fund- certain system of laws.
ing commitment; and Environmentally Criti-
Argumentum a simili valet in lege. Lat. 1. An
cal Area and Environmentally Critical Pro-
argument drawn from a similar case, or
jects as determined by the DENR. [Sec. 2.2,
analogy, avails in law. 2. Precedents are
DAR AO 01-02].
helpful in deciding cases when they are on
Area non-negotiable for conversion. Agricul- all fours or at least substantially identical
tural land not eligible for conversion as with previous litigations. [Rosales v. CFI of
enumerated in Sec. 4 of DAR AO 01-02. Lanao Del Norte, GR L-62577 Sep. 21,
[Sec. 2.3, DAR AO 01-02]. 1987].
Area planted. The total effective area planted Argumentum ab inconvenienti. Lat. An ar-
to temporary crops. Effective area planted is gument arising from the inconvenience
the size of the land used for agricultural op- which the construction of the law would cre-
eration, reported as many times as it was ate. [Used in Rodriguez, Jr. v. Quiriino, GR
planted to the same crops or different crops L-19800 Oct. 28, 1963].
during the reference period.
Argumentum ab inconvenienti plurimum
Areas for priority development (APDs). valet in lege. Lat. An argument from incon-
Those areas declared as such under exist- venience is forcible in law.
ing statutes and pertinent executive issu-
Argumentum ab simili valet in lege. Lat. An
ances. [Sec. 3, RA 7279]. Also Urban land
argument from analogy or from a similar
reform zones.
case is good in law.
Areas impacted by public facilities. Areas
Argumentum ad hominem. Lat. Argument
where the introduction of public facilities
directed ―to the man.‖ A fallacious argument
may tend to induce development and urban-
that attacks not an opponent's beliefs but his
ization of more than local significance or im-
motives or character.
pact. [Sec. 62, PD 1152].
Arises out of, or is necessarily connected
Areas of critical environmental concern.
with, the transaction or occurrence. The
Areas where uncontrolled development
phrase generally means that the same evi-
could result in irreparable damage to im-
dence may be needed in supporting the
portant historic, cultural, or aesthetic values
claim or in refuting the opposite claim. An
or natural systems or processes of natl. sig-
argument from analogy or from a similar
nificance. [Sec. 62, PD 1152].
case is good in law.
Argument. An effort to establish belief by a
Armalite. A rifle with a special mechanism that
course of reasoning.
can cause burst of shots with one squeeze
Argumentation. The action or process of of the trigger. An argument from analogy or
reasoning systematically in support of an from a similar case is good in law.
idea, action, or theory.
Armed conflict. 1. Any use of force or armed
Argumentative. Given to expressing divergent violence which gives rise, or may give rise,
or opposite views. to a situation to which the 1949 Geneva
Conventions and their Additional Protocols,
Argumentum a contrario. Lat. Argument
incl. their common Art. 3 [Conflicts not of an
based on the contrary. It denotes any prop-
Intl. Character], apply. It does not include
osition that is argued to be correct bec. it is
situations of internal disturbances and ten-

72
sions, such as riots, isolated and sporadic equidistant from each other; and, in point of
acts of violence or other acts of a similar na- honor, ovoid argent over all the sun rayon-
ture. [Sec. 3, RA 10530]. 2. Any use of force nant with 8 minor and lesser rays. Beneath
or armed violence bet. States or a protract- shall be a scroll with the words Rep. of the
ed armed violence bet. governmental au- Phils., or its equivalent in the natl. language,
thorities and organized armed groups or bet. inscribed thereon. The Great Seal shall be
such groups within that State: Provided, circular in form, with the arms as described
That such force or armed violence gives in the preceding par., but without the scroll
rise, or may give rise, to a situation to which and the inscription thereon, and surrounding
the Geneva Conventions of 12 Aug. 1949, the whole, a double marginal circle within
incl. their common Art. 3, apply. Armed con- which shall appear the words Rep. of the
flict may be intl., that is, bet. 2 or more Phils., or its equivalent in the natl. language.
States, incl. belligerent occupation; or non- For the purpose of placing the Great Seal,
intl., that is, bet. governmental authorities the color of the arms shall not be deemed
and organized armed groups or bet. such essential. [Sec. 14, EO 292].
groups within a state. It does not cover in-
Arms smuggling. The import, export, acquisi-
ternal disturbances or tensions such as ri-
tion, sale, delivery, movement or transfer of
ots, isolated and sporadic acts of violence or
firearms, their parts and components and
other acts of a similar nature. [Sec. 3, RA
ammunition, from or across the territory of
9851].
one country to that of another country which
Armed forces. All organized armed forces, has not been authorized in accordance with
groups and units that belong to a party to an domestic law in either or both country /
armed conflict which are under a command countries. [Sec. 3, RA 10591].
responsible to that party for the conduct of
Arms-length rule. [The rule that] provides that
its subordinates. Such armed forces shall be
any dealings of a bank with any of its
subject to an internal disciplinary system
DOSRI shall be upon terms not less favora-
which enforces compliance with Intl.
ble to the bank than those offered to others.
Humanitarian Law. [Sec. 3, RA 9851].
[Sec. 36 (2), RA 9791]
Armed Forces of the Philippines (AFP). The
Arnibal. Tag. A sweet sauce.
principal body of defense of the Rep. of the
Phils., led by the Commander-in-Chief in the Arousal. Legal Med. The state of sexual ex-
person of the Pres. of the Phils. It is citement during which blood flow to the geni-
composed of the Phil. Army [Hukbong tal area increases, leading to an erection in
Katihan], the Phil. Navy [Hukbong Dagat], men and in enlargement of the clitoris, en-
and the Phil. Air Force [Hukbong gorgement of the vaginal walls and in-
Himpapawid]. creased vaginal secretions in women.
[Olarte, Legal Med., 1st Ed. (2004), pp. 111-
Armistice. Intl. Law. The suspension of all
112].
hostilities within a certain area [local] or in
the entire region of the war [general] agreed ARP. See Allotment Release Program.
upon by the belligerent govts., usu. for the
purpose of arranging the terms of the peace. Arraign. Call or bring someone before a court
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 144]. to answer a criminal charge.
Arms. Weapons and ammunition; armaments. Arraignment. 1. The reading of the complaint
or information by the judge or clerk to the
Arms and great seal of the Republic of the defendant and delivering to the latter a copy
Philippines. The Arms of the Phils. which thereof, incl. a list of witnesses, and asking
shall have paleways of 2 pieces, azure and him whether he pleads guilty or not guilty as
gules; a chief argent studded with 3 mullets charged. [Sec. 1, Rule 116, RoC]. 2. That

73
stage where, in the mode and manner re- person, depriving one of his own will and
quired by the Rules, an accused, for the 1st liberty, binding him to become obedient to
time, is granted the opportunity to know the the will of the law. [Larranaga v. CA, GR
precise charge that confronts him. The ac- 130644. Mar. 13, 1998].
cused is formally informed of the charges
Arrest without a probable cause. An unrea-
against him, to which he enters a plea of
sonable seizure of a person, and [violative
guilty or not guilty. [Albert v. Sandi-
of] the privacy of persons which ought not to
ganbayan, GR 164015, 26 Feb. 2009].
be intruded by the State. [Yee Sue Koy v.
Arrangement characteristics. The writing Almeda, GR 47021 June 25, 1940].
characteristics and habits existing in the
Arresto mayor. The penalty the duration of
questioned and standard signatures [based
which shall be from one month and one day
on] the position of the written signature in re-
to 6 months [of imprisonment]. [Art. 27,
lation to the typewritten name. [Obando v.
RPC].
People, GR 138696, July 7, 2010]. Compare
with Alignment characteristics and Pro- Arresto menor. The penalty the duration of
portion characteristics. which shall be from one day to 30 days [of
imprisonment]. [Art. 27, RPC].
Arrangement. Intl. Law. See Agreement.
Arrival under stress. Also Involuntary en-
Arras. A Sp. word meaning "earnest money",
trance. Mar. Law. 1. When a vessel from a
"bride price", or "bride wealth." See Earnest
foreign port is compelled by stress of
money.
weather or other necessity to put into any
Arrastre. The operation of receiving, convey- other port than that of her destination, the
ing, and loading or unloading merchandise master, within 24 hours after her arrival,
on piers or wharves. shall make protest under oath setting forth
the causes or circumstances of such neces-
Arrastre charge. The amount which the own-
sity. [Sec. 1016, TCCP]. 2. Involuntary en-
er, consignee, or agent of either, of article or
trance [which] may be due to lack of provi-
baggage has to pay for the handling, receiv-
sions, unseaworthiness of the vessel, in-
ing and custody of the imported or exported
clement weather, or other case of force
article or the baggage of the passengers.
majeure, such as pursuit by pirates. [Sando-
[Sec. 3101, TCCP].
val, Pol. Law Reviewer 2003]. 3. The arrival
Arrastre charges. Fees for the services of the of a vessel at the nearest and most conven-
arrastre operator, to be paid by the consign- ient port, if during the voyage the vessel
ee before the delivery of the cargo. cannot continue the trip to the port of desti-
nation on account of the lack of provisions,
Arrearages. Also Arrears. A legal term for the well-founded fear of seizure, privateers or
part of a debt that is overdue after missing pirates, or by reason of any accident of the
one or more. sea disabling it to navigate. [Art. 819, Code
Arrears. A debt that is not paid on the due of Comm.].
date which adds up and accumulates as ar-
Arson. 1. The act of any person who burns or
rears. sets fire to the property of another. The of-
Arrest. 1. The taking of a person into custody fense committed by a person [who] sets fire
in order that he may be bound to answer for to his own property under circumstances
the commission of an offense. [Sec. 1, Rule which expose to danger the life or property
113, RoC]. 2. An actual restraint of the per- of another. [Sec. 1, PD 1613]. 2. The mali-
son to be arrested, or by his submission to cious burning of property. [People v. So-
the custody of the person making the arrest. riano, GR 142565. July 29, 2003].
[Sec. 2, Rule 113, RoC]. 3. Restraint on

74
Arson. Elements: (a) That there is intentional the offender is motivated by spite or hatred
burning; and (b) that what is intentionally towards the owner or occupant of the prop-
burned is an inhabited house or dwelling. erty burned; and (d) If committed by a syn-
[Sec. 3, par. 2, PD 1613; People v. Arbo- dicate. The offense is committed by a syndi-
lante, GR 96713, Oct. 17, 1991]. cate if it is planned or carried out by a group
of 3 or more persons. [Sec. 4, PD 1613].
Arson. Kinds: (a) Destructive Arson [Art. 320,
RPC, as amended by RA 7659] and (b) oth- Arson of property of small value. The arson
er cases of arson [PD 1613]. This classifica- of any uninhabited hut, storehouse, barn,
tion is based on the kind, character and lo- shed, or any other property the value of
cation of the property burned, regardless of which does not exceed P25, committed at a
the value of the damage caused. [People v. time or under circumstances which clearly
Soriano, GR 142565. July 29, 2003]. exclude all danger of the fire spreading. [Art.
323, RPC repealed by PD 1613].
Arson. Prima facie evidence: Any of the fol-
lowing circumstances shall constitute prima Arson, Other cases of. Arson consisting in
facie evidence of arson: (a) If the fire started the burning of other property and under the
simultaneously in more than one part of the following circumstances: (a) Any building
building or establishment; (b) If substantial used as offices of the government or any of
amount of flammable substances or materi- its agencies; (b) Any inhabited house or
als are stored within the building not neces- dwelling; (c) Any industrial establishment,
sary in the business of the offender nor for shipyard, oil well or mine shaft, platform or
household use; (c) If gasoline, kerosene, pe- tunnel; (d) Any plantation, farm, pastureland,
troleum or other flammable or combustible growing crop, grain field, orchard, bamboo
substances or materials soaked therewith or grove or forest; (e) Any rice mill, sugar mill,
containers thereof, or any mechanical, elec- cane mill or mill central; and (f) Any railway
trical, chemical, or electronic contrivance or bus station, airport, wharf or warehouse.
designed to start a fire, or ashes or traces of [Sec. 3, PD 1613].
any of the foregoing are found in the ruins or
Arson, Other forms of. [Art. 321, RPC re-
premises of the burned building or property;
pealed by PD 1613].
(d) If the building or property is insured for
substantially more than its actual value at Art dealer. Any person or entity who sells or
the time of the issuance of the policy; (e) If otherwise deals in works of fine art for profit
during the lifetime of the corresponding fire or gain, such as art galleries, art brokers
insurance policy more than two fires have and agents. [Sec 3, RA 9105].
occurred in the same or other premises
owned or under the control of the offender Art forgery. An act committed by any person
and/or insured; (f) If shortly before the fire, a or entity who: (a) affixes or causes to appear
substantial portion of the effects insured and a usurped or forged signature or sign on any
stored in a building or property had been work of fine art; (b) counterfeits or imitates
any orig. signature or sign, with the intent to
withdrawn from the premises except in the
ordinary course of business; and (g) If a deceive the public or the buyer as to the au-
demand for money or other valuable con- thorship of a work of art; (c) sells or circu-
sideration was made before the fire in ex- lates any work of fine art bearing forged or
change for the desistance of the offender or usurped signatures or signs; and (d) imitates
or reproduces any work of fine art with intent
for the safety of other person or property of
the victim. [Sec. 6, PD 1613]. to deceive the public or the buyer as to the
authenticity of the work. [Sec 3, RA 9105].
Arson. Special aggravating circumstances: (a)
Arthritis. Painful inflammation and stiffness of
If committed with the intent to gain; (b) If
committed for the benefit of another; (c) If the joints.

75
Arthritis, Acute. Inflammation of a joint than 25% of authorized capital stock; 10. If
marked by pain, swelling, heat and redness; non-stock, the amount of capital, the names,
the result of rheumatism or gout. [Meñez v. residences, and amount paid by each con-
ECC, GR L-48488. Apr. 25, 1980]. tributor, which shall not be less than 25% of
total subscription; name of treasurer elected
Article. A particular section or item of a series
by subscribers; and 11. Other matters as
in a written document, as in a contract, con-
are not inconsistent with law and which the
stitution, or treaty.
incorporators may deem necessary and
Articles of cooperation. The articles of coop- convenient. [Sec. 14, Corp. Code].
eration registered under the Coop. Code
Articles of merger or consolidation. The
and includes a registered amendment
document executed by each of the constitu-
thereof. [Sec. 1, RA 9520].
ent corps., after the approval by the stock-
Articles of impeachment. Consti. Law. The holders or members as required by law, to
formal document filed to impeach a publich be signed by the president or vice-president
official. The articles of impeachment state and certified by the secretary or assistant
the charges against the official and the rea- secretary of each corp. setting forth: 1. the
sons why the official should be removed plan of the merger or the plan of consolida-
from office. tion; 2. as to stock corps., the number of
shares outstanding, or in the case of non-
Articles of incorporation (AOI). 1. The doc- stock corps., the number of members; and
ument that defines the charter of a corp. and 3. as to each corp., the number of shares or
the contractual relationships bet. the State members voting for and against such plan,
and the corp., the stockholders and the
respectively. [Sec. 78, Corp. Code].
State, and bet. the corp. and its stockhold-
ers. 2. The document prepared by the per- Artifacts. Articles which are products of hu-
sons establishing a corp. and containing the man skills or workmanship, esp. in the sim-
matters required by the Corp. Code filed ple product of primitive arts or industry rep-
with the SEC. 2. The basic instrument creat- resenting past eras or periods. [Sec. 3, RA
ing and defining a particular corp. which is 4846].
filed with a state agency at the time of the
Artificial. Made or produced by human beings
firm's incorp.
rather than occurring naturally, typically as a
Articles of incorporation (AOI). Contents: 1. copy of something natural.
Name of the corp.; 2. Purpose/s, indicating
Artificial feeding. Feeding by a tube into the
the primary and secondary purposes; 3.
stomach through the nose. See Formula
Place of principal office; 4. Term of exist-
feeding.
ence; 5. Names, nationalities and residenc-
es of Incorporators; 6. Number of directors Artificial insemination. A process in which
or trustees, which shall not be less than 5 the male gametes, the spermatozoa, are
nor more than 15, except for corp. sole; 7. collected and introduced artificially into the
Names, nationalities, and residences of the female genital tract for the purpose fertiliza-
persons who shall act as directors or trus- tion. [Nolledo, The Family Code of the Phils.
tees until the first regular ones are elected Annotated, 2000 Rev. Ed., p. 263].
and qualified; 8. If a stock corp., the amount
Artificial reefs. Any structure of natural or
of its authorized capital stock, number of
man-made materials placed on a body of
shares and in case the shares are par value
water to serve as shelter and habitat, source
shares, the par value of each share; 9.
of food, breeding areas for fishery species
Names, nationalities, number of shares, and
and shoreline protection. [Sec. 4, RA 8550].
the amounts subscribed and paid by each of
the orig. subscribers which shall not be less

76
Artisanal. A skilled manual worker; a crafts- which] unites the head of the family with
person. those who descend from him. [Art. 965, CC;
Lee v. CA, GR 177861, July 13, 2010]. 2.
Artisanal fisher folk. Municipal, small scale or
The rule in succession that, in default of le-
subsistence fishermen who use fishing gear
gitimate children and descendants of the
which do not require boats or which only re-
deceased, his parents and ascendants shall
quire boats below 3 tons. [Sec. 3, RA 8425].
inherit from him, to the exclusion of collat-
Artwork. Paintings, drawings, or other artistic eral relatives. [Art. 985, CC].
works.
Asesinato. Sp. Murder. [US v. Alias, GR L-
Artworks. The making of decorative or artistic 6116. Feb. 27, 1911].
objects by hand; the decoration of artistic
Asphyxia. Suffocation. [People v. Marquez,
objects so made; artistic work produced in
GR L-48834. Sep. 14, 1987].
quantity. [Ozaeta v. CA, GR 95226, Nov. 18,
1993]. Asphyxiation. Suffocation: the condition of
being deprived of oxygen as by having
As in default. Under Sec. 2, Rule 20 of the
breathing stopped.
1964 Rules of Court, a party who fails to ap-
pear at a pre-trial conference may be non- Asportation. Severance of goods from the
suited or considered as in default. This con- possession of the owner and absolute con-
templates a scenario wherein the defendant trol of the property by the taker, even for an
in a suit had already filed his answer [there- instant. [People v. Apolinario, GR 97426.
fore had set up both his negative and af- June 3, 1993]. 2. The taking of a thing out of
firmative defenses] but failed to comply with the possession of the owner without his priv-
the mandate of the Rules in not appearing at ity and consent and without the animus re-
the scheduled pre-trial hearing. This provi- vertendi. [People v. Salvilla, GR 86163. Apr.
sion no longer exists under the 1997 Rules 26, 1990].
of Procedure. Compare with In default.
Assault. Threat to inflict injury with an appar-
As is where is. The phrase refers to the phys- ent ability to do so. Also, any intentional dis-
ical condition of the thing subject matter of play of force that would give the victim rea-
the agreement. son to fear or expect immediate bodily harm.
As-applied challenge. A challenge to a stat- Assay. 1. An analysis to determine the: (a)
ute which alleges that a particular applica- presence of a substance and the amount of
tion of a statute is unconstitutional. Compare that substance, or (b) the pharmaceutical
with Facial challenge. potency of a drug. [Sec. 9, RA 9711]. 2. A
test by means of chemical analysis to de-
Ascariasis. Infestation with ascaris lumbri-
termine the purity of fineness of metals, par-
coides. Its vehicles for transmission are the
ticularly the precious metals. [Peña, Phil.
fecally contaminated food and drinks. Portal
Law on Natural Resources, 1997 Rev. Ed.,
of entry is through the oral route. [Chavez v.
p. 111].
ECC, GR L-61931. Mar. 31, 1987].
Assent. The expression of approval or agree-
Ascendancy. Occupation of a position of dom-
ment.
inant power or influence.
Assentio mentium. Lat. The meeting of
Ascendant. An ancestor.
minds, i.e. mutual assent.
Ascendant-reservista. See Reservista.
Assess. To calculate or estimate the price or
Ascending direct line. 1. [It] binds a person value of:
with those from whom he descends [as
compared with the descending direct line

77
Assessed value. 1. The worth or value of may be. [Sec. 1, Rule 2, AM 00-8-10-SC,
property established by taxing authorities on Dec. 2, 2008].
the basis of which the tax rate is applied.
Asset pool. The group of identified, homoge-
Commonly, however, it does not represent
neous assets underlying the asset-backed
the true or market value of the property.
securities (ABS). [Sec. 3, RA 9267].
[Vda. de Barrera v. Legaspi, GR 174346, 12
Sep. 2008]. 2. The value placed on taxable Asset-backed securities (ABS). The certifi-
property by the assessor for ad valorem tax cates issued by a special purpose entity
purposes. The assessed value when multi- (SPE), the repayment of which shall be de-
plied by the tax rate will produce the amount rived from the cash flow of the assets in ac-
of tax due. It is synonymous to Taxable val- cordance with the Plan. [Sec. 3, RA 9267].
ue. [Sec. 3, PD 464]. 3. The fair market val-
ue of the real property multiplied by the as- Assets. 1. Loans or receivables or other simi-
sessment level. [CSC‘s Guidelines on the lar financial assets with an expected cash
payment stream. The term shall include, but
use of the rev. SALN form].
shall not be limited to, receivables, mort-
Assessment. The act or process of determin- gage loans and other debt instruments, and
ing the value of a property, or proportion shall exclude receivables from future expec-
thereof, subject to tax, incl. the discovery, tation of revenues by govt., natl. or local,
listing and appraisal of properties. [Sec. 3, arising from royalties, fees or imposts. [Sec.
PD 464]. 3, RA 9267]. 2. The declarant‘s real and
personal properties, incl. those of his/her
Assessment level. The percentage applied to
spouse and unmarried children below 18 liv-
the market value to determine the taxable or
ing in his/her household. [CSC‘s Guidelines
assessed value of the property. [Sec. 3, PD
on the use of the rev. SALN form].
464].
Assign. To give, to transfer responsibility, to
Assessment work. In mining, the proof of
another. The assignee [sometimes also
annual work obligations which are works or
called assigns] is the person who receives
improvements necessary and instrumental
the right or property being given and the as-
in developing the mines and extracting ores
signor is the person giving.
therefrom. It is actual work done in the area.
Assignee. One who is only entitled to receive
Assessor. An official in the LGU, who per-
the share of the profits or other compensa-
forms appraisal and assessment of real
tion by way of income, or the return of the
properties, incl. plants, equipment, and ma-
contribution, to which his assignor [limited
chineries, essentially for taxation purposes.
partner] would other wise be entitled. But an
This definition also includes assistant as-
assignee has no right to require any infor-
sessors. [Sec. 3, RA 9646].
mation or account of the partnership‘s
Asset. Anything of value that can be in the transactions or to inspect the partnership‘s
form of money, such as cash at the bank or books. A substituted partner has all these
amounts owed; fixed assets such as proper- rights. [Diaz, Bus. Law Rev., 1991 Ed., p.
ty or equipment; or intangibles incl. intellec- 238].
tual property, the book value of which is
Assignment. 1. A transfer or making over to
shown in the last 3 audited financial state-
another of the whole of any property, real or
ment immediately preceding the filing of the
personal, in possession or in action, or of
petition, In case the debtor is less than 3
any estate or right therein. It includes trans-
years in operation, it is sufficient that the
fers of all kinds of property, and is peculiarly
book value is based on the audited financial
applicable to intangible personal property
statement/s for the years or year immediate-
and, accordingly, it is ordinarily employed to
ly preceding the filing of petition, as the case
describe the transfer of non-negotiable

78
choses in action and of rights in or connect- Assist. 1. To lend an aid to. [Sinon v. CSC,
ed with property as distinguished from the GR 101251. Nov. 5, 1992]. 2. To contribute
particular item or property. [PNB v. CA, GR effort in the complete accomplishment of an
118357. May 6, 1997]. 2. The transfer of a ultimate purpose intended to be effected by
right or interest in property by one person to those engaged. [Ibid.]. Compare with Rec-
another. [Torres, Oblig. & Cont., 2000 Ed., ommend.
p. 347].
Assistance. Any support or aid that may be
Assignment for the benefit of creditors. The extended to persons with disabilities and
transfer by an insolvent debtor of all his senior citizens for them to meaningfully and
property to another for the purpose of arriv- effectively participate in the electoral
ing at an adjustment with his creditors. processes. [Sec. 2, RA 10366].
[Torres, Oblig. & Cont., 2000 Ed., p. 347].
Associate (of a person). [The term] includes:
Assignment of credit. 1. An agreement by i. Any relative of such person within the 4th
virtue of which the owner of a credit, known degree of consanguinity or affinity; and ii.
as the assignor, by a legal cause, transfers Any company in which he/she and his/her
his credit and its accessory rights to anoth- relative within the 4th degree of
er, known as the assignee, who acquires the consanguinity or affinity, directly or
power to enforce it to the same extent as the indirectly, has an interest of 25% or more.
assignor could have enforced it against the [Sec. 3, RA 9856].
debtor. [Casabuena v. CA, GR 115410. Feb.
Associated person of a broker or dealer. An
27, 1998]. 2. The process of transferring the
employee therefor whom, directly exercises
right of the assignor to the assignee who
control of supervisory authority, but does not
would then have the right to proceed against
include a salesman, or an agent or a person
the debtor. The assignment may be done ei-
whose functions are solely clerical or minis-
ther gratuitously or onerously, in which case,
terial. [Sec. 3, SRC].
the assignment has an effect similar to that
of a sale [Nyco Sales Corp. v. BA Finance Associated words doctrine. The doctrine
Corp., GR 71694, Aug. 16, 1991; Paras, [that] provides that where a particular word
Civ. Code of the Phils., Annotated, Vol. V, or phrase in a statement is ambiguous in it-
1982 Ed., p. 235]. self or is equally susceptible of various
meanings, its true meaning may be made
Assignment of errors. Rem Law. The errors
clear and specific by considering the com-
intended to be urged as required by the
pany in which it is found or with which it is
Rules to be contained in the appellant‘s brief
associated. [Co Kim Cham v. Valdez Tan
[which] errors shall be separately, distinctly
Keh, GR L-5 Sep. 17, 1945]. See Noscitur
and concisely stated without repetition, and
a Sociis.
shall be numbered consecutively. [Sec. 13,
Rule 44, RoC]. See also Issues. Associates. The term by which younger or
more inexperienced salaried attorneys in
Assignment of lease. That act contemplated
most firms are called. [Cayetano v. Monsod,
in Art. 1649 of the Civ. Code, viz: ―The les-
GR 100113. Sep. 3, 1991].
see cannot assign the lease without the
consent of the lessor, unless there is a Association. 1. The homeowners‘ assoc.
stipulation to the contrary.‖ [Sec. 2, BP 877; which is a nonstick, nonprofit corp. regis-
Sec.4, RA 9161]. tered with the HLURB, or one previously
registered with the HIGC (now HGC) or the
Assignor. The party who makes an assign-
SEC, organized by owners or purchasers of
ment.
a lot in a subdivision or village or other resi-
Assigns. Persons to whom property is as- dential real property located within the juris-
signed; assignees. diction of the assoc.; or awardees, usufruc-

79
tuaries, legal occupants and/or lessees of a solving the dispute himself or certifying it to
housing unit and/or lot in a govt. socialized the NLRC for compulsory arbitration.
or economic housing or relocation project
Assumption of risk. Ins. The insurer in a
and other urban estates; or underprivileged
contract of insurance assumes the risk of
and homeless citizens as defined under ex-
loss for a consideration.
isting laws in the process of being accredit-
ed as usufructuaries or awardees of owner- Assumption of risk doctrine. 1. A doctrine in
ship rights under the Community Mortgage tort or contract law relieving an obligor from
Program (CMP), Land Tenure Assistance any injury or liability that may befall the
Program (LTAP) and other similar programs oblige who has knowingly assumed in ad-
in relation to a socialized housing project ac- vance the possibility of its occurrence. 2. A
tually being Implemented by the natl. govt. doctrine under which a person may not re-
or the LGU. [Sec. 3, RA 9904]. 2. The act of cover for an injury received when he has
a number of persons in uniting together for voluntarily exposed himself to a known dan-
some special purpose or business. [Ki- ger.
losbayan v. Guingona, GR 113375. May 5,
1994]. Assumption order. An order issued by the
Sec. of Labor and Employment signifying his
Association member. A homeowner who is a intention to assume jurisdiction over a labor
member of the assoc. where his/her housing dispute. The Secretary may issue the order
unit or lot is situated and those defined in when, in his opinion, there exists a labor
the AOI and bylaws of the assoc. [Sec. 3, dispute causing or likely to cause a strike or
RA 9904]. lockout in an industry indispensable to the
natl. interest.
Assume. To continue performing duties under
a contract or lease. Assurance fund. A fund created under the
Land Registration Act for the purpose of in-
Assumed liabilities. Domestic or foreign
demnifying an injured party for any damage
loans originally contracted or liabilities on
he may suffer as a result of an improvident
securities issued by GFIs or GOCCs which
or illegal registration of land titles.
are transferred to and form part of the liabili-
ties of the NG. Assured. The person for whose benefit the
insurance is granted. [Tiopianco, Commen-
Assumpsit. Lat. He undertook; he promised.
taries & Jurisp. on the Ins. Code of the Phil.,
1. A promise or engagement by which one
1999 Ed., p. 23].
person assumes or undertakes to do some
act or pay something to another. 2. A com- Astucia. Sp. Craft. [People v. Ramos, GR L-
mon law form of action which lies for the re- 34355 July 30, 1979]
covery of damages for the non-performance
of a parol or simple contract; or a contract Astucia y fraude. Sp. Craft and fraud. [People
that is neither of record nor under seal. v. Ramos, GR L-34355 July 30, 1979]
Assumption. The action of taking power or Aswang. Tag. An injurious and evil character
believed to be capable of assuming various
responsibility.
and different forms, esp. that of a dog, and
Assumption of jurisdiction. It usu. refers to harassing usu. in the depth of night women
an act of the Sec. of DOLE which amounts who are about to give birth. [People v. Sario,
to a ―cease-and-desist‖ order prohibiting a GR L-20754 & L-20759. June 30, 1966].
union from striking whenever in his opinion
Asylum. Intl. Law. 1. A privilege granted by a
there exists a labor dispute causing or like to
cause a strike or lockout in an industry that state to allow an alien escaping from the
is indispensable to the natl. interest by re- persecution of his country for political rea-
sons remain and grant him asylum. [Sando-

80
val, Pol. Law Reviewer 2003]. 2. A sanctu- months, in which case said period shall be
ary, or place of refuge and protection, where considered as one year. [Sec. 3, Rule 5,
criminals and debtors find shelter and from LC].
which they could not be take without sacri-
At the commencement of the action. The
lege. While a foreign country has the right to
date of the filing of the complaint. [Oñate v.
offer an asylum to fugitives from other coun-
Abrogar, GR 107303, Feb. 21, 1994].
tries, there is no corresponding right on the
part of the alien to claim asylum. ATC. See Anti-Terrorism Council.
Asylum, Right of. Intl. Law. The competence Atentado contra la autoridad. Sp. Assault
of every state, inferred from its territorial su- upon a person in authority. [Tacas v. Car-
premacy, to allow a persecuted alien to en- iaso, GR L-37406. Aug. 31, 1976]. See Di-
ter and to remain on its territory under its rect assault.
protection and thereby to grant an asylum to
him. It is generally accepted practice that a ATM. See Automated Tellet Machine.
political refugee who takes asylum in a for- Attach. To seize persons or property by legal
eign country should not be deported back to writ.
his own country from which he has escaped.
Attachment. Rem. Law. 1. A juridical institu-
At issue. The time in a lawsuit when the com- tion which has for its purpose to secure the
plaining party has stated his claim and the outcome of the trial, that is, the satisfaction
other side has responded with a denial and of the pecuniary obligation really contracted
the matter is ready to be tried. by a person or believed to have been con-
At least one year of service. Labor. Service tracted by him, either by virtue of a civil obli-
gation emanating from contract or law, or by
within 12 months, whether continuous or
broken, reckoned from the date the employ- virtue of some crime or misdemeanor that
ee started working, incl. authorized absenc- he might have committed, and the writ is-
sued, granting it, is executed by attaching
es and paid regular holidays, unless the
working days in the establishment, as a mat- and safely keeping all the movable property
ter of practice or policy, or as provided in the of the defendant, or so much thereof as may
employment contract, is less than 12 be sufficient to satisfy the plaintiff's de-
months, in which case said period shall be mands. [Sec. 428, Act 190] 2. A provisional
remedy in the form of an order issued by a
considered one year. If the employee has
been performing the job for at least one judge before whom the proper action is
year, even if the performance is not continu- pending by which the property of the ad-
verse party is taken into legal custody, either
ous or merely intermittent, the law deems
the repeated and continuing need for its per- at the commencement of the action or at
formance as sufficient evidence of the ne- any time thereafter before final judgment, as
cessity, if not indispensability, of that activity security for the satisfaction of a judgment
to the business of the employer. [Pier 8 Ar- obtained by the prevailing party.
rastre and Stevedoring Services, Inc. v. Bo- Attachment of risk. The commencement of
clot, GR 173849, Sep. 28, 2007]. liability under a contract of insurance to an-
At least one-year service. Labor. Service for swer for any loss or damage that may result
not less than 12 months, whether continu- from a risk insured against. The loss or
ous or broken reckoned from the date the damage should be during the term of the in-
surance in an amount not exceeding the
employee started working, incl. authorized
absences and paid regular holidays unless amount stipulated in the contract. It is also a
the working days in the establishment as a stage in a transaction (usually the point of
delivery) where the buyer acquires the risk
matter of practice or policy, or that provided
in the employment contract is less than 12 of loss of the purchased item.

81
Attack. Any offensive or antagonistic move- extradition, thus making the fugitive extra-
ment or action of any kind and the drawing ditable to answer for his crimes.
of a pistol from the holster at the hip and the
Attest. 1. To affirm to be correct, true, or genu-
aiming of that pistol at a person. [Gregorio,
ine. 2. To certify by signature or oath.
Fund. of Crim. Law Rev., 1997 9th Ed., p.
415]. Attestation. Succ. It consists in witnessing the
testator's execution of the will in order to see
Attack directed against any civilian
and take note mentally that those things are
population. A course of conduct involving
done which the statute requires for the exe-
the multiple commission of acts referred to
cution of a will and that the signature of the
in Sec. 6 of RA 9851 against any civilian
testator exists as a fact. [In Re: Taboada v.
population, pursuant to or in furtherance of a
Rosal, GR L-36033. Nov. 5, 1982].
State or organizational policy to commit
such attack. [Sec. 3, RA 9851]. Attestation clause. Succ. 1. That part of an
ordinary will whereby the attesting witnesses
Attack on a title. An action or proceeding [the]
certify that the instrument has been execut-
objective [of which] is to nullify the title,
ed before them and to the manner of the
thereby challenging the judgment pursuant
execution of the same. [Testate Estate of
to which the title was decreed. [Sarmiento v.
Paula Toray, GR L-2415 July 31, 1950]. 2. A
CA, GR 152627, Sep. 16, 2005].
separate memorandum or record of the
Attempt. An endeavor or effort to do an act or facts surrounding the conduct of execution
accomplish a crime, carries beyond prepara- and once signed by the witnesses, it gives
tion, but lacking execution. affirmation to the fact that compliance with
the essential formalities required by law has
Attempted. Tried unsuccessfully.
been observed. [Vda. de Ramos, v. CA, GR
Attempted felony. A felony where the offend- L-40804 Jan. 31, 1978]. 3. It is made for the
er commences the commission of a felony purpose of preserving in a permanent form a
directly by overt acts, and does not perform record of the facts that attended the execu-
all the acts of execution which should pro- tion of a particular will, so that in case of
duce the felony by reason of some cause or failure of the memory of the attesting wit-
accident other than this own spontaneous nesses, or other casualty, such facts may
desistance. [Art. 6, RPC]. still be proved. [Leynez v. Leynez, GR L-
46097 Oct. 18, 1939].
Attempted rape. [The felony committed]
where is no penetration of the female organ Attested will. A written will that is "witnessed"
bec. not all acts of execution was performed or, more correctly, "attested." See Ordinary
[by] the offender [who] merely commenced will.
the commission of a felony directly by overt
Attorney. An alternate word for lawyers. A
acts. [People v. Campuhan, GR 129433, 30
person that has been trained in the law and
Mar. 2000]. Compare with Consummated
that has been certified to give legal advice
rape.
or to represent others in litigation.
Attentat. Anything whatsoever, as a ruling, by
Attorney of record. The principal attorney in a
the judge of a lower court in a matter pend-
lawsuit, who signs all formal documents re-
ing an appeal.
lating to the suit.
Attentat clause. Intl. Law. A provision in an
Attorney’s fee. A reasonable compensation to
extradition treaty stipulating that assassina-
which the attorney is or shall be entitled to
tion attempts on the life of a head of a state
have and recover from his client for his ser-
or members of his family are not to be con-
vices, with a view to the importance of the
sidered as political offenses for purposes of
subject matter of the controversy, the extent

82
of the services rendered, and the profes- him, though he may do things not mentioned
sional standing of the attorney. [Sec. 24, in his appointment necessary to the perfor-
Rule 138, RoC; In re: Arce v. PNB, GR L- mance of the duties specifically required of
43053, Dec. 9, 1955]. him, such authority being necessarily im-
plied.
Attorney’s or Lawyer’s oath. The oath of
office which every lawyer in the Phils. has to Attorney of record. The principal attorney in a
take before he is allowed to practice law. lawsuit who signs all formal documents re-
The full text reads: "I, lating to the suit.
_________________________________ of
Attorneys' liens. A lien which an attorney
_________________________________ do
shall have upon the funds, documents and
solemnly swear that I will maintain alle-
papers of his client which have lawfully
giance to the Rep. of the Phils.; I will support
come into his possession and which he may
and defend its Constitution and obey the
retain until his lawful fees and disburse-
laws as well as the legal orders of the duly
ments have been paid, and may apply such
constituted authorities therein; I will do no
funds to the satisfaction thereof. He shall al-
falsehood nor consent to its commission; I
so have a lien to the same extent upon all
will not wittingly or willingly promote or sue
judgments for the payment of money, and
any groundless, false or unlawful suit nor
executions issued in pursuance of such
give aid nor consent to the same; I will not
judgments, which he has secured in a litiga-
delay any man's cause for money or malice
tion of his client, from and after the time
and will conduct myself as a lawyer acc. to
when he shall have caused a statement of
the best of my knowledge and discretion
his claim of such lien to be entered upon the
with all good fidelity as well to the courts as
records of the court rendering such judg-
to my clients and I impose upon myself this
ment, or issuing such execution, and shall
obligation voluntary, without any mental res-
have caused written notice thereof to be de-
ervation or purpose of evasion. SO HELP
livered to his client and to the adverse party;
ME GOD." [Form 28, appended to the RoC
and he shall have the same right and power
as revised on Oct. 25, 1979].
over such judgments and executions as his
Attorney’s signature. The signature of a client would have to enforce his lien and se-
counsel representing a party on every cure the payment of his just fees and dis-
pleading [which signature] constitutes a cer- bursements. [Sec. 37, Rule 138, RoC].
tificate by him that he has read the pleading;
Attorney's retaining lien. A general lien for
that to the best of his knowledge, infor-
the balance of the account bet. the attorney
mation, and belief, there is good ground to
and his client, and applies to the documents
support it; and that it is not interposed for
and funds of the client which may come into
delay. [Sec. 3, Rule 7, RoC].
the attorney's possession in the course of
Attorney-at-law. A person admitted to practice his employment. [Ampil v. Agrava, GR L-
law in his respective state and authorized to 27394. July 31, 1970]. Compare with
perform both civil and criminal legal func- Charging or special lien.
tions for clients, incl. drafting legal docu-
Attorney's retaining lien. Elements: (a) Law-
ments, giving of legal advice, and represent-
yer-client relationship; (b) lawful possession
ing such before courts, administrative agen-
of the client's funds, documents and papers;
cies, boards, etc.
and (c) unsatisfied claim for attorney's fees
Attorney-in-fact. 1. A person who has been [Miranda v. Carpio, AC 6281. Sep. 21,
appointed by another to act in his behalf and 2011].
in his name. [Torres, Oblig. & Cont., 2000
Attractive. Pleasing or appealing to the sens-
Ed., p. 347]. 2. An agent whose authority is
es.
strictly limited by the instrument appointing

83
Attractive nuisance. The presence or Audit Log. 1. The electronic document, stored
maintenance on one‘s premises of a poten- in the PCOS machine‘s data storage device,
tially dangerous attraction to children who, containing the list of all activities the PCOS
bec. of their natural curiosity, may thereby machine performs from the time that it is
be exposed to harm or injury, subjecting its powered on until it is turned off. [Sec. 3,
owner or maintainer to tort liability. A swim- Rule 1, AM 10-4-1-SC, May 4, 2010]. 2. The
ming pool, an uncovered well, open car document that contains the list of all activi-
trunk, deep pits, and the like are some ex- ties performed by the PCOS machine from
amples of an ―attractive nuisance.‖ the time it was switched on until the time it
was turned off. [The 2010 Rules of the PET,
Attractive nuisance doctrine. The doctrine
Rule 2, AM 10-4-29-SC, May 4, 2010].
that where a person maintains in his prem-
ises a dangerous instrumentality of a char- Audit trail or Audit log. A security-relevant
acter which is attractive to children of tender chronological record, set of records, or des-
years at play and who fails to exercise due tination and source of records that provide
diligence to prevent such children form play- documentary evidence of the sequence of
ing therewith or resorting or resorting there- activities that have affected at any time a
to, is liable to a child who is injured thereby, specific operation, procedure, or event.
even if the child is technically a trespasser.
Auditing Code of the Philippines. PD 1445
Attrition. The reduction of personnel as a signed into law on June 11, 1978.
result of resignation, retirement, dismissal in
Auditorial function of an auditor. As a rep-
accordance with existing laws, death or
resentative of the COA, his function com-
transfer to another office. [Sec. 2, RA 7430].
prises 3 aspects: (a) examination; (b) audit:
Auction. A public sale of property to the high- and (c) settlement of the accounts, funds, fi-
est bidder by a person called the auctioneer nancial transactions and resources of the
who must be authorized by law. [Torres, agencies under their respective audit juris-
Oblig. & Cont., 2000 Ed., p. 347]. diction. [Arias v. Sandiganbayan, GR 81563.
Dec. 19, 1989].
Audi alteram partem. Lat. Hear the other
party. 1. The right to he heard should not be Augment. To enlarge or increase in size,
ruled out. [Torres v. Borja, GR L-31947. amount, or degree.
Mar. 21, 1974]. 2. A principle of natural jus-
Augmentation. [The term] implies the exist-
tice which prohibits a judicial decision which
ence in [the GAA] of a program, activity, or
impacts upon individual rights without giving
project with an appropriation, which upon
all parties in the dispute a right to be heard.
implementation or subsequent evaluation of
Audiovisual work or fixation. A work that needed resources, is determined to be defi-
consists of a series of related images which cient.
impart the impression of motion, with or
Auscutate. To listen to the sounds arising
without accompanying sounds, susceptible
within organs as an aid to diagnosis and
of being made visible and, where accompa-
treatment, the examination being made ei-
nied by sounds, susceptible of being made
ther by the use of the stethoscope or by di-
audible. [Sec. 202, RA 8293].
rect application of the ear to the body. [Ra-
Audit. To examine and adjust. To examine an mos v. CA, GR 124354, Apr. 11, 2002].
account, compare it with the vouchers, ad-
Australian ballot. 1. The electoral system
just the same, and to state the balance, by
after which our own balloting system is pat-
persons legally authorized for the purpose.
terned which is characterized by absolute
[Ynchausti & Co. v. Wright, GR 23601. Sep.
secrecy in voting. 2. It originated in Australia
22, 1925].

84
during the 1850s. In the US, it is also known Authority to import. A document issued by
as the Massachusetts ballot. the Chief of the PNP authorizing the impor-
tation of firearms, or their parts, ammunition
Aut judicare aut dedere. Lat. either adjudi-
and other components. [Sec. 3, RA 10591].
cate or extradite. A rule, common to anti-
terrorism treaties, that requires a contracting Authorization. A permission embodied in a
state either to prosecute an alleged offender document granted by the FDA to a natural
who is within its territory or to extradite the or juridical person who has submitted an
offender to another contracting state for application to implement the manufacture,
prosecution there. importation, exportation, sale, offer for sale,
distribution, transfer, and/or, where appro-
Authentic. Of undisputed origin; genuine.
priate, the use, testing, promotion, advertis-
Authentic notice. Constancia autentica. [Art. ing, or sponsorship of health products. The
749, CC]. "The acceptance having been authorization can take the form of a permit,
made in the deed of gift itself, notification a license, a certificate of registration, of ac-
thereof to the donor in a ‗constancia autenti- creditation, of compliance, or of exemption,
ca‘ was evidently not necessary." [Kapunan or any similar document. [Sec. 9, RA 9711].
v. Casilan, GR L-8178, Oct. 31, 1960].
Authorize. To grant authority or power to; to
Authentic writing. A writing which, for pur- give permission for.
poses of Art. 278 of the Civ. Code, is the
Authorized. Endowed with authority.
genuine or indubitable writing of the father
[or mother], and includes a public instrument Authorized capital stock. It is synonymous
[one acknowledged before a notary public or with capital stock where the shares of the
other competent official with the formalities corp. have par value. [De Leon, Corp. Code
required by law] and, a public or official doc- of the Phil. Annotated, 1989 Ed., p. 52].
ument in accordance with the Rules of
Authorized cause. Labor. A term which is
Court. [Banaag v. Bartolome, GR 76245.
associated with the legal termination of an
Dec. 20, 1991].
employee‘s services who is without fault for
Authenticate. To sign, execute or use a sym- a cause that cannot be attributed to him,
bol, or encrypt a record in whole or in part, such as the installation of labor-saving de-
intended to identify the authenticating party vices, redundancy, retrenchment to prevent
and to adopt, accept or establish the au- losses, or the closing or cessation of busi-
thenticity of a record or term. [Special Rules ness operations. [Art. 283, LC].
of Court on ADR, Rule 1.11, AM 07-11-08-
Authorized dealer. Any person, legal entity,
SC, Sep. 1, 2009].
corp., partnership or business entity duly li-
Authentication. Evid. The proof of a docu- censed by the FEO of the PNP to engage in
ment‘s due execution and genuineness if the business of buying and selling ammuni-
the purpose is to show that it is genuine, or tion, firearms or parte thereof, at wholesale
proof of its forgery, if its purpose is to show or retail basis. [Sec. 3, RA 10591].
that the document is a forgery.
Authorized driver clause. A clause that in-
Author. The natural person who has created demnifies the insured owner against loss or
the work. [Art. 171, RA 8293]. damage to the car but limits the use of the
insured vehicle to: 1. The insured himself; or
Authority. Labor. A document issued by the
2. Any person who drives on his order or
DOLE authorizing a person or assoc. to en-
with his permission. [Villacorta v. Ins. Com-
gage in recruitment and placement activities
missioner, GR 54171, Oct. 28, 1980].
as a private recruitment entity. [Art. 13, LC].
Authorized driver clause. Main purpose: To
require a person other than the insured, who

85
drives the car on the insured‘s order, such voting, counting, consolidating, canvassing,
as, his regular driver, or with his permission, transmitting election results, and other elec-
such as a friend or member of the family or toral processes. [The 2010 Rules of the
the employees of a car service or repair PET, Rule 2, AM 10-4-29-SC, May 4, 2010].
shop to be duly licensed drivers and have 2. A system using appropriate technology
no disqualification to drive a motor vehicle. for voting and electronic devices to count
[Villacorta v. Ins. Commissioner, GR 54171, votes and canvass or consolidate results.
Oct. 28, 1980]. [Sec. 2, RA 8436].
Authorized importer. Any person, legal entity, Automated Tellet Machine (ATM). A machine
corp., partnership or business duly licensed that provides cash and performs other bank-
by the FEO of the PNP to engage in the ing services on insertion of a special card.
business of importing ammunition and fire-
Automatic. Involuntary either wholly or to a
arms, or parts thereof into the territory of the
major extent so that any activity of the will is
Rep. of the Phils. for purposes of sale or dis-
largely negligible; of a reflex nature without
tribution under the provisions of RA 10591.
volition; mechanical; like or suggestive of an
[Sec. 3, RA 10591].
automation. [Prov. of Batangas v. Romulo,
Authorized manufacturer. Any person, legal GR 152774, May 27, 2004].
entity, corp., or partnership duly licensed by
Automatic appropriation for debt service.
the FEO of the PNP to engage in the busi-
[Appropriation in the General Appropriations
ness of manufacturing firearms, and ammu-
Act] authorized by PD 81, entitled "Amend-
nition or parts thereof for purposes of sale or
ing Certain Provisions of RA 4860, as
distribution. [Sec. 3, RA 10591].
Amended [Re: Foreign Borrowing Act], "by
Authorized material alteration. The material PD 1177, entitled "Revising the Budget Pro-
alteration of the warehouse receipt which is cess in Order to Institutionalize the Budget-
authorized and has the effect of making the ary Innovations of the New Society," and by
warehouseman liable according to the terms PD 1967, entitled "An Act Strengthening the
of the receipt as altered. Guarantee and Payment Positions of the
Rep. of the Phils. on Its Contingent Liabili-
Authorized-cause dismissal. Labor. A form
ties Arising out of Relent and Guaranteed
of terminating employer-employee relation-
Loans by Appropriating Funds For The Pur-
ship with a liability on the part of the em-
pose." [Guingona, Jr. v. Carague, GR
ployer to pay separation pay as mandated
94571. Apr. 22, 1991].
by law. [Poquiz, Labor Rel. Law, 1999 Ed. p.
349]. Compare with Just-cause dismissal. Automatic appropriations. An authorization
made annually or for some other period pre-
Auto-. A combining form meaning ―self,‖
scribed by law, by virtue of standing legisla-
―same,‖ ―spontaneous.‖
tion which does not require periodic action
Auto-limitation principle. Intl. Law. [The prin- by the Congress of the Phils.
ciple under which] any state may, by its
Automatic premium loan clause. A provision
consent, express or implied, submit to a re-
in some life insurance policies under which if
striction of its sovereign rights. There may
the due premium remains unpaid after the
thus be a curtailment of what otherwise is a
end of the grace period, an automatic loan
plenary power. [Reagan v. CIR, GR L-
from the policy‘s cash surrender value is ad-
26379, Dec. 27, 1969].
vanced to cover the premium. This clause
Automated. Converted to largely automatic prevents the lapse of policy due to accident,
operation. illness or inadvertence.
Automated election system (AES). 1. Elec- Automatic premium loan provision. A stipu-
tion system using appropriate technology in lation in the policy providing that upon de-

86
fault in payment of premium, the same shall [Tiglao v. Comelec, GR L-31566 & L-31847.
be paid from the loan value of the policy un- Aug. 31, 1970]. See Real evidence.
til that value is consumed. In such a case,
Autosexual. Legal Med. A deviate who would
the policy is continued in force as fully and
rather have masturbation than make love
effectively as though the premiums had
with his/her partner of the opposite sex.
been paid by the insured from funds derived
[Olarte, Legal Med., 1st Ed. (2004), p. 113].
from other sources.
Autrefois acquit. Fr. Previous acquittal. It
Automatic protection principle. Intel. Prop.
refers to an accused who cannot be tried for
The principle that works are protected by the
a crime bec. the record shows he has al-
sole fact of their creation irrespective of their
ready been subjected to trial for the same
content, quality or purpose. Such rights are
conduct and was acquitted. See also Antre-
conferred from the moment of creation.
fois acquit.
Automatically. In an automatic manner; with-
Autrefois attaint. Fr. Attainted for a felony. It
out thought or conscious intention. [Prov. of
refers to a person who cannot be tried again
Batangas v. Romulo, GR 152774, May 27,
for the same offence.
2004].
Autrefois convict. Fr. Previous conviction. It
Automobile. Any 4 or more wheeled motor
refers to the plea made by the accused if he
vehicle regardless of seating capacity, which
maintains that the previous trial resulted in
is propelled by gasoline, diesel, electricity or
conviction.
any other motive power: Provided, That for
purposes of RA 9224, buses, trucks, cargo AUV. Asian Utility Vehicle or All-purpose Utility
vans, jeeps, jeepneys or jeepney substi- Vehicle.
tutes, single cab, chassis, and special-
purpose vehicles shall not be considered as Auxiliary. Providing supplementary or addi-
automobiles. [RA 9224]. tional help and support.
Auxiliary crop. Any product raised other than
Autonomy. It is either decentralization of ad-
ministration or decentralization of power. the crop to which the cultivation of the land
[Limbona v. Mangelin, GR 80391. Feb. 28, is principally devoted in each agricultural
1989]. year; and excl. the produce of the lot re-
ferred to in Sec. 22, par. 3 of RA 2263. [Sec.
Autonomy in contracts. Also Freedom to 2, RA 2263].
contract or Liberty in contracts. The rule
in Art. 1306, of the Civ. Code that the con- Auxiliary language. A particular language,
tracting parties may establish such stipula- spoken in certain places, which supports or
helps the natl. and/or official languages in
tions as they may deem convenient, provid-
ed they are not contrary to law, morals, their assigned functions. [Sec. 3, RA 7104].
good customs, public order or public policy. Auxiliary mobile phone service. Balance
[Manila Resource Dev. Corp. v. NLRC, GR inquiry, customer support, prepaid reloading
75242. Sep. 2, 1992]. services and emergency alerts. [Sec. 3, RA
10639].
Autonomy of parties. [A principle that holds
that] unless the terms of a contract are Auxiliary social services. The supportive
against the law, morals, good customs, and activities in the delivery of social services to
public policy, such contract is law bet. the the marginalized sectors of society. [Sec. 4,
parties and its terms bind them. RA 7277].
Autoptic. Based on one's own observation. Average. Mar. Ins. Any extraordinary or acci-
Autoptic proference. The inspection by the dental expense incurred during the voyage
tribunal of the thing itself and its condition. for the preservation of the vessel, cargo or

87
both and all damages to the vessel and car- Avulsion. 1. The segregation by the current of
go form the time it is loaded and the voyage a river, creek or torrent from an estate on its
commenced until it ends and the cargo un- bank a known portion of land and transfer-
loaded. [Tiopianco, Commentaries & Jurisp. ring it to another estate. The owner of the
on the Ins. Code of the Phil., 1999 Ed., p. land to which the segregated portion be-
117]. longed retains the ownership of it, provided
that he removes the same within 2 years.
Average annual income. The sum of the
[Art. 459, CC]. 2. Land accretion that occurs
annual income as herein defined actually
by the erosion or addition of one's land by
obtained by a province, city or municipality
the sudden and unexpected change in a riv-
during the required number of consecutive
er stream such as a flash flood.
calendar years immediately preceding the
general reclassification of local govts., divid- Award. Any partial or final decision by an arbi-
ed by such number of calendar years, as trator in resolving the issue in a controversy.
may be certified to by the COA for purposes [Sec. 3, RA 9285].
of such reclassification of provinces, cities
Awning. A movable shelter supported entirely
and municipalities. [Sec. 4, EO 249, July 25,
from the exterior wall of a building and of a
1987].
type which can be retracted, folded, or col-
Average monthly compensation. The quo- lapsed against the face of a supporting
tient after dividing the aggregate compensa- building. [Sec. 1203, PD 1096].
tions received by the member for the last 3
AWOL or Absent Without Leave. [It] means
years immediately preceding his death or
that the employee has left or abandoned his
separation or disability or retirement, by the
post for a continuous period of 30 calendar
number of months he received said com-
days or more without any justifiable reason
pensation, or P3,000, which ever is smaller.
and notice to his employer. [Binay v. Ode-
[Sec. 2, PD 1146].
ña, GR 163683, 8 June 2007].
Aviation. The flying or operating of aircraft.
Ayoko. A contraction of "ayaw ko" [which]
See Aeronautics.
means "I don‘t like." [People v. Campuhan,
Aviation certificate. Any airworthiness certifi- GR 129433, 30 Mar. 2000].
cate, airman certificate, air operator certifi-
cate, certificate authorizing the operation of
an aviation school or approved maintenance
org. or other document issued by virtue of
the provisions of RA 9497 in respect of any
person, aircraft, airport or aviation-related
service. [Sec. 3, RA 9497].
Avoidance. The act of keeping away from or
preventing from happening.
Avoidance of the law. In conflict of laws, the
intentional arrangement of connecting fac-
tors [contacts] in an agreement, usu. by
equal bargaining parties, for a legitimate
purpose, in order to ensure the applicability
to the agreement of a particular law or juris-
diction. The opposite of evasion of the law
[fraude à la loi].

88
Bad faith of a possessor in reference to
-B- land. There is a presumption of bad faith
whenever a possessor is aware that there
Baby. A very young child, esp. one newly or
exists in his title or mode of acquisition any
recently born.
flaw which invalidates it. [Art. 526, CC].
Baby rocket. A firecracker with a stick so
Bad faith on the part of the landowner.
constructed that lighting of the wick will pro-
There is bad faith whenever the act was
pel the whole thing to lift a few meters be-
done with the knowledge of the landowner
fore exploding. The firecracker is about 1 ½
and without opposition on his part. [Art. 453,
inches in length by 3/8 inch in diameter
CC].
while the stick is about a foot in length. [Sec.
2, RA 7183]. Badges of fraud. Some of the circumstances
attending sales which may be considered as
BAC. The Bids and Awards Committee estab-
fraudulent: 1. The fact that the consideration
lished in accordance with Art. V of RA 9184.
of the conveyances is fictitious or is inade-
Back pay. Pay awarded for work that could quate; 2. A transfer made by a debtor after
have been performed by the employee ex- suit has been begun and while it is pending
cept that he was prevented from doing so against him; 3. A sale upon credit by an in-
bec. of his illegal dismissal by the employer. solvent debtor; 4. Evidence of large indebt-
[Phil. Veterans Bank Employees Union v. edness or complete insolvency; 5. The
Phil. Veterans Bank, GR 67125. Aug. 24, transfer of all or nearly all of his property by
1990]. a debtor, esp. when he is insolvent or great-
ly embarrassed financially; 6. The fact that
Backwages. 1. The restitution of earnings
the transfer is made bet. father and son,
unduly withheld from the employee bec. of where there are present other of the above
illegal termination. It partakes the nature of a circumstances; 7. The failure of the vendee
penalty the employer has to pay for illegally
to take exclusive possession of all the prop-
dismissing an employee. 2. Wages granted erty. [Orsal v. Alibo, GR L-13310, Nov. 28,
on the basis of equity for earnings which a 1959].
worker or employee has lost due to his ille-
gal dismissal. [Cathedral Schl. of Tech. v. Bagatelle. A thing of little importance; a very
NLRC, GR 101438, Oct. 13, 1992]. easy task. [La Orden De Padres Benedic-
tinos De Filipinas v. Phil. Trust Co., GR L-
Backward shifting. The transfer of the burden 2020 Dec. 29, 1949].
of the tax from the consumer or purchaser
through the factors of distribution to the fac- Baggage. Such articles of apparel, ornament,
tors of production. [De Leon, Fundamentals etc., as are in daily use by travelers, for
of Taxation, 2000 Ed., p. 56]. convenience acc. to the habits or wants of
the particular class to which he belongs, ei-
Bad debt. A debt that cannot be recovered. ther with reference to the immediate neces-
Bad faith. 1. A state of mind affirmatively op- sities or ultimate purpose of the journey. On-
erating with furtive design or with some mo- ly such articles of necessity or convenience
tive of self-interest or ill will or for ulterior as are generally carried by passengers for
purpose. [Air France v. Carrascoso, GR L- their personal use. [Comm. of Customs v.
21438. Sep. 28, 1966]. 2. The neglect or re- Geronimo, GR L-31642. Oct. 28, 1977].
fusal to fulfill a duty, not prompted by an Bahay Pag-asa. A 24-hour child-caring institu-
honest mistake, but by some interested or
tion established, funded and managed by
sinister motive. [State v. Griffin, 100 S.C. LGUs and licensed and/or accredited NGOs
331, 84 S.E. 876]. providing short-term residential care for chil-
dren in conflict with the law who are above

89
15 but below 18 years of age who are await- Bailment. 1. The relationship created when
ing court disposition of their cases or trans- the owner of property, the bailor, delivers it
fer to other agencies or jurisdiction. [Sec. 4, to another, the bailee, for some specific pur-
RA 10630]. pose. [Torres, Oblig. & Cont., 2000 Ed., p.
347]. 2. The transfer of possession of some-
Bail. 1. The security given for the release of a
thing [by the bailor] to another person [called
person in custody of the law, furnished by
the bailee] for some temporary purpose [e.g.
him or a bondsman, conditioned upon his
storage] after which the property is either re-
appearance before any court as required
turned to the bailor or otherwise disposed of
under the conditions hereinafter specified.
in accordance with the contract of bailment.
Bail may be given in the form of a corporate
surety, property bond, cash deposit, or re- Bailor. The person who temporarily transfers
cognizance. [Sec. 1, Rule 114, RoC]. 2. possession of property to another, the bail-
Money or other security [such as a bail ee, under a contract of bailment.
bond] provided to the court to temporarily al-
Bakia or Bakya. Tag. Wooden shoes. [People
low a person's release from jail and assure
v. Resayaga, GR L-49536, Mar. 30, 1988].
their appearance in court. Bail and bond are
often used interchangeably. 3. The security Baklad. Tag. Fish corral or fish trap. See Fish
given for the release of the child in custody corral.
of the law, furnished by the child, the child's
parent, guardian, or a bondsman, to guaran- Balae. Tag. The parents and parents-in-law
tee the child's appearance before the court. relationship [term of reference]; a parent of
Bail may be posted in a form such as corpo- one‘s son- or daughter-in-law. [CSC‘s
Guidelines on the use of the rev. SALN
rate security, property bond or cash deposit.
[Sec. 4, RA 9344; Rule on Juveniles in Con- form].
flict with The Law, AM 02-1-18-SC, Nov. 24, Balance. A remainder or something remaining
2009].Bail bond. An obligation signed by from the orig. total sum already agreed up-
the accused to secure his presence at the on. [Adelfa Properties, Inc. v. CA, GR
trial. This obligation means that the accused 111238. Jan. 25, 1995].
may lose money by not properly appearing
for the trial. Often referred to simply as Balance of Payments (BoP). A system of
Bond. accounts covering a particular period and is
intended to record systematically: a) flows of
Bail bond. An obligation signed by the ac- real resources, incl. the services of the orig.
cused to secure his or her presence at the factors of production, bet. the domestic
trial. This obligation means that the accused economy of a country and the rest of the
may lose money by not appearing for the world; b) changes in the country‘s foreign
trial. assets and liabilities that arise from econom-
Bailee. The person who receives property ic transactions; and, c) unrequited transfers,
through a contract of bailment, from the which are the counterpart of real resources
or financial claims provided to, or received
bailor, and who may be committed to certain
duties of care towards the property while it from, the rest of the world without requital.
remains in his possession. Balance of power. Intl. Law. An arrangement
Bailee liability. A type of inland mar. ins. for of affairs so that no state shall be in apposi-
those who have temporary custody of the tion to have absolute mastery and dominion
over others. [Cruz, Intl. Law Reviewer, 1996
goods.
Ed., p. 50].
Bailiff. An officer of the court responsible for
keeping order and maintaining appropriate Balance on Current Account. The sum of
visible or merchandise trade balance (ex-
courtroom decorum.
ports and imports services). This balance

90
measures the net transfer of real resources Feb. 21, 1994]. Also known as Four-factor
bet. the economy of the Phils. and the rest balancing test. 2. When particular conduct
of the world. is regulated in the interest of public order,
and the regulation results in an indirect,
Balanced and restorative justice. A principle
conditional, partial abridgment of speech,
in juvenile justice that requires a process of
the duty of the courts is to determine which
resolving conflicts with the participation of
of the 2 conflicting interests demands the
the victim, the child in conflict with the law,
greater protection under the particular cir-
and the community. It seeks to obtain repa-
cumstances presented. [Soriano v. Laguar-
ration for the victim; reconciliation to the vic-
dia, GR 164785, Apr. 29, 2009]. Compare
tim, the child in conflict with the law, and the
with Clear and present danger rule and
community, and the reassurance that the
Dangerous tendency doctrine.
child in conflict with the law can be reinte-
grated into society. It also enhances public Balato. Tag. A give away; money given away
safety by involving the victim, the child in by a winning gambler as goodwill.
conflict with the law, and the community in
Balikbayan. A Filipino citizen who has been
prevention strategies. [Rule on Juveniles in
continuously out of the Phils. for a period of
Conflict with The Law, AM 02-1-18-SC, Nov.
at least 1 year, a Filipino overseas worker,
24, 2009].
or former Filipino citizen and his or her fami-
Balanced Budget. This occurs when reve- ly who had been naturalized in a foreign
nues collected equal cash disbursements country and comes or returns to the Phils.
(excl. debt repayments and payments on [Sec 2, RA 9174; Sec. 2. RA 6768].
non-budgetary accounts) of the NG during a
Ban. A prohibition imposed by law or official
given year.
decree.
Balancing of interest rule. When particular
Banco. Sp. Bench. The local term for (a) par-
conduct is regulated in interest of public or-
ticular long chair. [People v. Pastoral, GR
der, and the regulation results in an indirect,
51686. Sep. 10, 1993].
conditional, partial abridgment of speech,
the duty of the courts is to determine which Band. Also En cuadrilla. A group of more
of the 2 conflicting interests demands the than 3 armed malefactors who take part in
greater protection under the particular cir- the commission of a robbery. [Art. 296,
cumstances presented [Amer. Communica- RPC].
tions Assoc. v. Douds, 339 US 282].
Bandolerismo. Sp. Brigandage.
Balancing of interests. Considering, weighing
Bangalore Draft. The draft, agreed to by world
or counterbalancing the competing political
or financial concerns of different parts of so- jurists in a judicial conference held in Ban-
ciety, incl. industries, consumers, trade un- galore, India, and adopted as the model by
ions and other groups or orgs. the Sup. Court of the Phils. in promulgating
the New Code of Judicial Conduct for the
Balancing test. 1. The test applied by courts Phil. Judiciary and the Code of Conduct for
in determining whether or not an accused Court Personnel, both of which took effect
has been denied his right to a speedy trial, on June 1, 2004. [AM 03-05-01-SC, Apr. 27,
in which the conduct of both the prosecution 2005].
and the accused is weighed, and such fac-
tors as length of the delay, reason for the Bangko Sentral ng Pilipinas (BSP). 1. The
independent central monetary authority [of
delay, the accused's assertion or non-
assertion of his right, and prejudice to the the Rep. of the Phils.] that shall function and
accused resulting from the delay, are con- operate as an independent and accountable
body corporate in the discharge of its man-
sidered. [Hipolito v. CA, GR 108478-79,
dated responsibilities concerning money,

91
banking and credit. [Sec. 1 & 2, RA 7653]. 2. tor only has a claim against the bank as a
The state‘s central monetary authority; it is general creditor and not as a bailor of spe-
the govt. agency charged with the responsi- cific property deposited with the bank.
bility of administering the monetary, banking
Bank deposit. Nature: All kinds of bank de-
and credit system of the country and is
posits are loan. The bank can make use as
granted the power of supervision and exam-
its own the money deposited. Said amount
ination over bank and non-bank financial in-
is not being held in trust for the depositor
stitutions performing quasi-banking func-
nor is it being kept for safekeeping. [Tang
tions, incl. savings and loan assocs.
Tiong Tick v. American Apothecaries, GR
[Busuego v. CA, GR L-48955, June 30,
43682, Mar. 31, 1938].
1987].
Bank draft. 1. A bill of exchange drawn by a
Bangungot. Tag. 1. Asphyxial cardiorespirato-
bank upon its correspondent bank, issued at
ry failure. [People v. Narciso, GR L-24484.
the solicitation of a stranger who purchases
May 28, 1968]. 2. A natural disease locally
and pays therefor. [Citytrust Banking Corp.
called [as such] where the victim dies in his
v. CA, GR 92591. Apr. 30, 1991]. 2. An or-
sleep allegedly due to bad dreams or night-
der for payment of money. [Ibid.].
mares. 3. A theoretical disease whose re-
mote and immediate cause, pathology and Bank note. Nego. Inst. The promissory note of
cure have not as yet been accurately deter- the issuing bank payable to bearer on de-
mined and scientifically established and mand and intended to circulate as money.
confirmed. [Luzon Brokerage Co., Inc. v.
Dayao, GR L-10362. Nov. 27, 1959]. Bank privacy. See Bank secrecy.
Bank reserves. The reserves required of all
Bank. 1. Every banking institution, as defined
in Sec. 2 of RA 337, as amended, otherwise banks operating in the Phils. to maintain
known as the General Banking Act. A bank against their deposit liabilities in order to
control the volume of money created by the
may either be a commercial bank, a thrift
bank, a development bank, a rural bank or a credit operations of the banking system.
specialized govt. bank. [Sec. 22, NIRC, as [Sec. 94, RA 7653].
amended]. 2. (a) A banking institution orga- Bank secrecy or Bank privacy. A legal prin-
nized under the laws of the Phils., (b) any ciple in some jurisdictions under
other banking institution or trust company, which banks are not allowed to provide to
doing business under the laws of the Phils., authorities personal and account information
a substantial portion of the business of about their customers unless certain condi-
which consists of receiving deposits or exertions apply.
cising fiduciary powers similar to those per-
mitted to natl. banks. [Sec. 3, RA 2629]. 3. A Bank Secrecy Law. RA. 1405 [which] de-
moneyed institute founded to facilitate the clares that all types of deposits2 in banking
borrowing, lending, and safe-keeping of institutions incl. investments in bonds issued
money and to deal in notes, bills of ex- by the Phil. Govt. and its political subdivi-
change, and credits. [Rep. v. Security Credit sions and instrumentalities are considered
& Acceptance Corp., GR L-20583. Jan. 23, of absolutely confidential nature. As provid-
1967]. ed, deposits may not be examined, inquired
or looked into by any person, govt. official,
Bank. Elements: It (a) must be authorized by bureau or office. It is also unlawful for any
law; (b) accepts fund, in the form of a de- official or employee of a bank to disclose to
posit, from the public; and (c) lends money any person any information concerning de-
to the public. posits. Violation against this law subjects the
offender to certain penalties. Also known as
Bank deposit. Money held by a bank which it
may freely use as it best sees fit. A deposi- the Law on Secrecy of Bank Deposits.

92
Bank Statement. Statement prepared by the called a trustee in bankruptcy, from which
govt. servicing banks showing the daily ne- outstanding debts are paid pro rata. Bank-
gotiated Modified Disbursement System ruptcy forces the debtor into a statutory pe-
(MDS) checks that are charged against the riod during which his commercial and finan-
MDS central account and replenishments cial affairs are administered under the strict
made by the Bu. of Treasury (BTr). supervision of the trustee. 2. Statutes and
judicial proceedings involving persons or
Banker. 1. An officer or owner of a bank or
businesses that cannot pay their debts and
group of banks. 2. The person running the
seek the assistance of the court in getting a
table, controlling play, or acting as dealer in
fresh start. Under the protection of the bank-
some gambling or board games.
ruptcy court, debtors may be released from
Banker’s acceptance bill. Nego. Inst. A bill of or discharged from their debts, perhaps by
exchange of which the acceptor is a bank or paying a portion of each debt. The person
banker engaged generally in the business of with the debts is called the debtor and the
granting banker‘s acceptance credit. This is people or companies to whom the debtor
the same as Trade acceptance bill, the on- owes money are called creditors.
ly difference is it is drawn against a bank in-
Banks. 1. Collectively, the rural banks, coop.
stead of the buyer. [Diaz, Bus. Law Rev.,
banks, and private development banks as
1991 Ed., p. 365].
defined in par. 17, 18 and 19, Sec. 3 of RA
Banker’s check. A chose in action, or evi- 7607. [Sec. 4, RA 7607]. 2. Entities engaged
dence of the right of the real owner. in the lending of funds obtained through de-
posits from public.
Banking. The business conducted or services
offered by a bank. Banks and other financial institutions. Non-
bank financial intermediaries, lending inves-
Banking franchise. An authority granted by tors, finance and investment companies,
the monetary board to conduct banking
pawnshops, money shops, insurance com-
business [in the Phils.] as provided for under panies, stock markets, stock brokers and
the pertinent laws. dealers in securities and foreign exchange,
Banking institution and Bank. The terms are as defined under applicable laws, or rules
synonymous and interchangeable and spe- and regulations thereunder. [Sec. 131, RA
cifically include banks, banking institutions, 7160].
commercial banks, savings banks, mortgage Banned. Prohibited, esp. by official decree.
banks, trust companies, building and loan
assocs., branches and agencies in the Phils. Banned hazardous substance. (a) Any toy or
of foreign banks, hereinafter called Phil. other articles intended for use by children,
branches, and all other corps., companies, which are hazardous per se, or which bear
partnerships, and assocs. performing bank- or contain substances harmful to human be-
ing functions in the Phils. [Sec. 2, RA 337]. ings; or (b) any hazardous substance in-
tended or packaged in a form suitable for
Bankrupt. A debtor that, upon voluntary peti-
use in the household, which the implement-
tion or one invoked by the debtor's creditors, ing agency by regulation, classifies as
is judged legally insolvent. The debtor's re- banned hazardous substance notwithstand-
maining property is then administered for ing the existence of cautionary labels, to
the creditors or is distributed among them. safeguard public health and safety. [Art. 4,
Bankruptcy. 1. The formal condition of an RA 7394].
insolvent person being declared bankrupt Bantay bayan. Tag. A group of male residents
under law. The legal effect is to divert most living in [the] area organized for the purpose
of the debtor's assets and debts to the ad-
of keeping peace in their community [which
ministration of a 3rd person, sometimes

93
is] an accredited auxiliary of the x x x PNP. tion. [Antonio v. Vda. de Monje, GR 149624,
[People v. Buendia, GR 145318-19. May 29, 29 Sep. 2010].
2002].
Bar by prior or former judgment. Also Res
Baptism. A religious sacrament marked by the judicata. The rule that the judgment in the
symbolic application of water to the head or 1st case constitutes an absolute bar to the
immersion of the body into water and result- subsequent action when, bet. the 1st case
ing in admission of the recipient into the where the judgment was rendered and the
community of Christians. 2nd case which sought to be barred, there is
identity of parties, subject matter and cause
Baptismal certificate. 1. A private document,
of action. [Comilang v. CA, July 15, 1975].
which, being hearsay, is not a conclusive
proof of filiation (and) does not have the Bar examination. A state examination [admin-
same probative value as a record of birth, istered by the Sup. Court of the Phils.] taken
an official or public document. [In Re: Pabel- by prospective lawyers in order to be admit-
lar v. CA, GR L-27298. Mar. 4, 1976]. 2. ted and licensed to practice law.
While (it) may be considered (a) public doc-
Bar Flunkers’ Act of 1953. RA 972 entitled
ument, (it) can only serve as evidence of the
―An Act to Fix the Passing Marks for Bar
administration of the sacraments on the
Examinations from Nineteen Hundred and
dates so specified. [It is] not necessarily
Forty-Six Up to and Including Nineteen
competent evidence of the veracity of en-
Hundred and Fifty-Five‖ enacted on June
tries therein with respect to the child's pa-
21, 1953.
ternity. [Fernandez v. CA, GR 108366. Feb.
16, 1994]. Barako. Tag. Tough guy. [People v. Batas, GR
84277-78. Aug. 2, 1989].
Bar. 1. Historically, the partition separating the
general public from the space occupied by Barangay. The name by which any barrio
the judges, lawyers, and other participants recognized under RA 3590, otherwise
in a trial. 2. More commonly, the term known as the "Barrio Charter Law", as
means the whole body of lawyers. 3. The amended, incl. those that were subsequent-
whole body of attorneys and counselors. ly created in accordance with subsequent
Collectively, the members of the legal pro- laws would thenceforth be called.
fession.
Barangay Day Care Center Law of 1978. PD
BAR. See Budget Accountability Report. 1567 entitled ―Establishing a day care center
in every barangay and appropriating funds
Bar admission. The act by which one is li-
therefor‖ signed into law on June 11, 1978.
censed to practice before the courts of a
particular state or jurisdiction after satisfying Barangay Decree. PD 557 entitled ―Declaring
certain requirements such as bar examina- all barrios in the Phils. as barangays, and for
tions, period of residency or admission on other purposes‖ signed into law on Sep. 21,
grounds of reciprocity after a period of years 1974.
as a member of the bar of another jurisdic-
Barangay health worker. A person who has
tion.
undergone training programs under any ac-
Bar by prior judgment doctrine. Rem. Law. credited govt. and non-govt. org. and who
[A concept of res judicata holding that] voluntarily renders primary health care ser-
when, as bet. the first case where the judg- vices in the community after having been
ment was rendered and the 2nd case that is accredited to function as such by the local
sought to be barred, there is identity of par- health board in accordance with the guide-
ties, subject matter, and causes of action. In lines promulgated by the DOH. [Sec. 3, RA
this instance, the judgment in the first case 7883].
constitutes an absolute bar to the 2nd ac-

94
Barangay Health Workers' Benefits and session of the entire vessel to the charterer.
Incentives Act of 1995. RA 7883 entitled In turn, the charterer supplies, equips, and
―An Act creating benefits and incentives to mans the vessel. The charterer is the owner
accredited barangay health workers and for pro hac vice.
other purposes‖ enacted on Feb. 20, 1995.
Bargain. 1. N. An agreement bet. 2 or more
Barangay Justice. See Katarungang Pam- parties as to what each party will do for the
barangay. other. 2. V. To negotiate the terms and con-
ditions of a transaction.
Barangay Livelihood and Skills Act of 2008.
RA 9509 entitled ―An Act Establishing Liveli- Bargainable. Subject to bargaining; legitimate-
hood and Skills Training Centers in 4th, 5th ly subject to collective bargaining.
and 6th Class Municipalities and for Other
Bargainable employee. Generally, it refers to
Purposes‖ enacted on Oct. 21, 2009.
a rank-and-file employee who belongs to an
Barangay micro business enterprise established collective bargaining unit.
(BMBE). Any business entity or enterprise
Bargaining. A process where the parties dis-
engaged in the production, processing or
cuss their demands and counter-demands
manufacturing of products or commodities,
and, after haggling, agree on what is essen-
incl. agro-processing, trading and services,
tially a compromise reflecting the conces-
whose total assets incl. those arising from
sions mutually given by the parties to arrive
loans but exclusive of the land on which the
at a common understanding. [Aquino v.
particular business entity's office, plant and
NLRC, GR 87653. Feb. 11, 1992].
equipment are situated, shall not be more
than P3,000,000.00. [Sec. 3, RA 9178]. Bargaining representative. A legitimate labor
org. or any officer or agent of such org.
Barangays. Units of municipalities or munici-
whether or not employed by the employer.
pal districts in which they are situated. They
[Art. 212, LC].
are quasi-municipal corps. endowed with
such powers as are herein provided for the Bargaining unit. A group of employees of a
performance of particular govt. functions, to given employer comprised of all or less than
be exercised by and through their respective all of the entire body of employees, which
barangay govts. in conformity with law. [Sec. the collective interest of all the employees,
2, RA 3590, as amended]. consistent with equity to the employer, indi-
cate to be the best suited to serve the recip-
Bare assertion fallacy. A term which is used
rocal rights and duties of the parties under
to identify and describe a sort of arbitrary
the collective bargaining provisions of the
dogmatic statement which the speaker ex-
law. [Golden Farms v. Sec. of Labor, GR
pects the listener to accept as valid. See
102130. July 26, 1994].
Ipse dixit.
Barkada. Tag. 1. Group. [People v. Resayaga,
Bareboat. Mar. Law. Literally, ―without a
GR L-23234. Dec. 26, 1973]. 2. Comrade or
crew.‖ [Litonjua Shipping Inc. v. NSB, GR
co-conspirator. [People v. Plateros, GR L-
51910. Aug. 10, 1989].
37162. May 30, 1978]. 3. Companion. [Peo-
Bareboat charter. A type of demise charter in ple v. Catindihan, GR L-32508 & L-42104.
which the lessee [charter] leases a vessel Apr. 28, 1980]. 4. Gang. [People v. Cuya,
without a master and crew and appoints Jr., GR L-33046. Feb. 18, 1986]. 5. Buddies.
own personnel for those positions for the du- [People v. Parba, GR L-63409. May 30,
ration of the lease [charter]. See Demise 1986]. 6. Close friend. [People v. Valdez,
charter. GR L-75390. Mar. 25, 1988].
Bareboat or Demise. A class of charter party Barker. A caller of jeepney passengers. [Peo-
contract wherein the ship owner gives pos- ple v. Payumo, GR 81761. July 2, 1990].

95
Barking. Calling for passengers to ride on risprudence on Succession, 8th ed., 1991,
waiting jeepneys. pp. 423-424]. See Iron curtain rule.
Barratry. 1. Legal Ethics. The offense of fre- Barrio Charter Act. RA 2370 entitled ―An Act
quently exciting and stirring up quarrels and granting autonomy to barrios of the Phils.‖
suits, either at law or otherwise. [Pineda, enacted on June 20, 1959.
Legal and Judicial Ethics, (1999 Ed.), p. 46].
Barrio or Barrios. Units of municipalities or
2. Mar. Law. The fraudulent act of the mas-
municipal districts in which they are situated.
ter or mariner against the ship owner‘s in-
They are quasi-municipal corps. endowed
terest. [Tiopianco, Commentaries & Jurisp.
with such powers provided in the law for the
on the Ins. Code of the Phil., 1999 Ed., p.
performance of particular govt. functions, to
109]. 3. Any willful misconduct on the part of
be exercised by and through their respective
master or crew in pursuance of some unlaw-
barrio govts. in conformity with law. [Sec. 2,
ful or fraudulent purpose without the consent
RA 2370]. Now called Barangay.
of the owners, and to the prejudice of the
owner's interest. (Sec. 171, US Ins. Law, Barrister. A litigation specialist; a lawyer that
quoted in Vance, Handbook on Law of Ins., restricts his practice to the court room. In
1961, p. 929.) England and some other Commonwealth ju-
risdictions, a legal distinction is made bet.
Barratry clause. A special clause in mar. ins.
barristers and solicitors, the latter with ex-
contracts which provides that there can be
clusive privileges of advising clients, provid-
no recovery on the policy in case of any will-
ing legal advice, and the former with exclu-
ful misconduct on the part of the master or
sive privileges of appearing in a court on
crew in pursuance of some unlawful or
behalf of a client.
fraudulent purpose without the consent of
the owner and to the prejudice of owner‘s in- Barter or Exchange contract. 1. A contract
terest. It requires an intentional and wilful whereby one of the parties binds himself to
act in its commission. No honest error or give one thing in consideration of the other's
judgment or mere negligence, unless crimi- promise to give another thing. [Art. 1638,
nally gross, can be barratry. [Roque v. IAC, CC]. 2. A contract whereby one person
GR L- 66935, Nov. 11, 1985]. transfers the ownership of non-fungible
things to another with the obligation on the
Barrel. 42 US gallons or 9702 cubic inches at
part of the latter to give things of the same
temperature of 60º F. [Sec. 3, PD 87].
kind, quantity, and quality. [Art. 1954, CC].
Barrier bet. the legitimate family and the
Base metals. All metallic minerals except
illegitimate family rule. [The rule under Art.
noble metals. [Sec. 2, RA 4095].
992 of the Civ. Code, wherein] there is a
barrier dividing members of the illegitimate Basel Convention. The intl. accord which
family from members of the legitimate family governs the trade or movement of hazard-
[by virtue of which] the legitimate brothers ous and toxic waste across borders. [Sec. 4,
and sisters as well as the children, whether RA 8479].
legitimate or illegitimate, of such brothers
and sisters, cannot inherit from the illegiti- Baseline. The line from which territorial seas
mate child. Consequently, when the law and other maritime zones are measured.
speaks of "brothers and sisters, nephews Bases Conversion and Development Au-
and nieces" as legal heirs of an illegitimate thority (BCDA). A body corporate created
child, it refers to illegitimate brothers and under Sec. 3 of RA 7227.
sisters as well as to the children, whether
legitimate or illegitimate, of such brothers Basic. Forming an essential foundation or
and sisters. [Jurado, D., Comments and Ju- starting point; fundamental.

96
Basic community services and facilities. mance of assisted vaginal deliveries, re-
Services and facilities that redound to the moval of retained placental products, and
benefit of all homeowners and from which, manual removal of retained placenta. It also
by reason of practicality, no homeowner includes neonatal interventions which in-
may be excluded such as, but not limited to: clude at the minimum: newborn resuscita-
security; street and vicinity lights; mainte- tion, provision of warmth, and referral, blood
nance, repairs and cleaning of streets; gar- transfusion where possible. [Sec. 4, RA
bage collection and disposal; and other simi- 10354].
lar services and facilities. [Sec. 3, RA 9904].
Basic mobile phone services. Short messag-
Basic credit data. Positive and negative in- ing service (SMS) or text messaging and
formation provided by a borrower to a sub- voice call services. [Sec. 3, RA 10639].
mitting entity in connection with the applica-
Basic necessities. 1. Goods vital to the needs
tion for and availment of a credit facility and
of consumers for their sustenance and ex-
any information on the borrower‘s creditwor-
istence in times of any of the cases provided
thiness in the possession of the submitting
under Sec. 6 or 7 of RA 7581, as amended
entity and other factual and objective infor-
such as, but not limited to, rice, corn, root
mation related or relevant thereto in the
crops, bread; fresh, dried or canned fish and
submitting entity‘s data files or that of other
other marine products; fresh pork, beef and
sources of information: Provided, that in the
poultry meat; fresh eggs; potable water in
absence of a written waiver duly accom-
bottles and containers; fresh and processed
plished by the borrower, basic credit data
milk; fresh vegetables and fruits; locally
shall exclude confidential information on
manufactured instant noodles; coffee; sugar;
bank deposits and/or clients funds under RA
cooking oil; salt; laundry soap and deter-
1405 [Law on Secrecy of Bank Deposits],
gents; firewood; charcoal; household LPG
RA 6426 [The Foreign Currency Deposit
and kerosene; candles; drugs classified as
Act], RA 8791 [The General Banking Law of
essential by the DOH and such other goods
2000], RA 9160 [Anti-Money Laundering
as may be included under Sec. 4 of RA
Law] and their amendatory laws. [Sec. 3, RA
7581, as amended. [Sec. 1, RA 10623]. 2.
9510].
Rice, corn, bread, fresh, dried and canned
Basic education. The education intended to fish and other marine products, fresh pork,
meet basic learning needs which lays the beef and poultry, meat, fresh eggs, fresh
foundation on which subsequent learning and processed milk, fresh vegetables, root
can be based. It encompasses early child- crops, coffee, sugar, cooking oil, salt, laun-
hood, elementary and high school education dry soap, detergents, and drugs classified
as well as alternative learning systems 4 as essential by the DOH and other commod-
out-of-school youth and adult learners and ities as maybe classified by the DTI and the
includes education for those with special DA acc. to RA 7581 or the Price Act. [Art. 5,
needs. [Sec. 4, RA 9155]. IRR of RA 9994; Sec. 3 (1), RA 7581].
Basic Emergency Obstetric and Newborn Basic needs. Those fundamental require-
Care (BEMONC). Lifesaving services for ments that serve as the foundation for sur-
emergency maternal and newborn condi- vival.
tions/complications being provided by a
Basic needs approach to development. The
health facility or professional to include the
identification, production and marketing of
following services: administration of paren-
wage goods and services for consumption
teral oxytocic drugs, administration of dose
of rural communities. [Sec. 4, RA 8435].
of parenteral anticonvulsants, administration
of parenteral antibiotics, administration of Basic salary. 1. A rate of pay for a standard
maternal steroids for preterm labor, perfor- work period exclusive of such additional

97
payments as bonuses and overtime. [Boie- benefits which are not considered as part of
Takeda Chemicals, Inc. v. De La Serna, GR or integrated into the regular salary of the
92174. Dec. 10, 1993]. 2. [This] shall include employee on the date the Order became ef-
all remunerations or earnings paid by an fective. [IRR, EO 178]. 2. All remuneration
employer to an employee for services ren- or earnings paid by an employer to a worker
dered but may not include cost-of-living al- for services rendered on normal working
lowances granted pursuant to PD 525 or days and hours but does not include cost-of-
LOI 174, profit-sharing payments, and all al- living allowances, profit sharing payments,
lowances and monetary benefits which are premium payments, 13th month pay or other
not considered or integrated as part of the monetary benefits which are not considered
regular or basic salary of the employee at as part of or integrated into the regular sala-
the time of the promulgation of the Decree ry of the workers. [Sec. 1, Rule 7, Book 3,
on Dec. 16, 1975. [Rules and Regulations IRR of LC].
Implementing PD 851, promulgated on Dec.
Basin. A naturally or artificially enclosed or
22, 1975].
nearly enclosed body of water in free com-
Basic sectors. The disadvantaged sectors of munication with the sea. [Sec. 3, PD 857].
Phil. society, namely: farmer-peasant, arti-
Basnig. Tag. A fishing boat. [Jimenez v.
sanal fisher folk, workers in the formal sec-
Averia, GR L-22759. Mar. 29, 1968].
tor and migrant workers, workers in the in-
formal sector, indigenous peoples and cul- Bastante amenazadora. Sp. Quite menacing.
tural communities, women, differently-abled [In Re: Contempt Proceedings v. Aguas, GR
persons, senior citizens, victims of calami- 12, Aug. 8, 1901].
ties and disasters, youth and students, chil-
dren, and urban poor. [Sec. 3, RA 8425]. Bastard. An illegitimate child, born in a rela-
tionship bet. 2 persons that are not married
Basic skills training. The 1st stage of the [i.e. not in wedlock] or who are not married
learning process of a vocational character at the time of the child's birth.
for a given task, job, occupation or group of
occupations, aimed at developing the fun- Batas Kasambahay or Domestic Workers
damental attitude, knowledge, skill or behav- Act. RA 10361 entitled ―An Act Instituting
ior pattern to specified standards. [Sec. 1, Policies for the Protection and Welfare of
Domestic Workers‖ enacted on Jan. 18,
2013.
Basic tuition fees. Amounts paid for the privi-
lege to receive instruction in a high school Batas Pambansa (BP). Statutes approved by
the Batasang Pambansa. [Suarez, Stat.
but does not include matriculation fee, and
other miscellaneous fees as library and ath- Con., (1993), p. 42].
letic fee, laboratory fee, entrance fee, ROTC Batch. A quantity of any drug or device pro-
fee, student council fee, graduation fee and duced during a given cycle of manufacture.
similar fees. [Sec. 30, PD 69]. [Sec. 6, EO 175, May 22, 1987].
Basic unit. A well-defined unit which by con- Batch number. A designation printed on the
vention is regarded as dimensionally inde- label of a drug or device that identifies the
pendent. [Sec. 4, BP 8]. batch, and permits the production history of
Basic wage. 1. All regular remuneration or the batch incl. all stages of manufacture and
earnings paid by an employer for services control, to be traced and reviewed. [Sec. 6,
EO 175, May 22, 1987].
rendered on normal working days and hours
but does not include cost-of-living allowanc- Battered. Injured by repeated blows or pun-
es. profit-sharing payments. Premium pay- ishment.
ments, 13th month pay, and other monetary

98
Battered woman. A woman who is repeatedly Bayanihan. Tag. A spirit of communal unity or
subjected to any forceful physical or psycho- effort to achieve a particular objective. See
logical behavior by a man in order to coerce Palusong.
her to do something he wants her to do
Bayaw. Tag. 1. Brother-in-law. [People v.
without concern for her rights. The term in-
Manalo, GR L-42505. Dec. 26, 1984]. 2.
cludes wives or women in any form of inti-
Sometimes loosely used to refer to a [male]
mate relationship with men. Furthermore, in
cousin-in-law. [People v. Songcuan, GR
order to be classified as a battered woman,
73070. Aug. 11, 1989]. Compare with Bilas
the couple must go through the battering cy-
and Hipag.
cle at least twice. Any woman may find her-
self in an abusive relationship with a man Bayawak. Tag. Monitor lizard.
once. If it occurs a 2nd time, and she re-
mains in the situation, she is defined as a BCDA. See Bases Conversion and Devel-
battered woman. [McMaugh v. State, 612 opment Authority.
A.2d 725, 731, quoting L. Walker, The Bat- Bearer. Nego. Inst. The person in possession
tered Woman, at XV (1979)]. of a bill or note which is payable to bearer.
Battered woman syndrome. A scientifically [Sec. 191, NIL].
defined pattern of psychological and behav- Bearer check. Nego. Inst. A check payable to
ioral symptoms found in women living in bat- cask.
tering relationships as a result of cumulative
abuse. [Sec. 3, RA 9262]. Bearer instrument. Nego. Inst. A check paya-
ble to the order of cash, the payee of which
Battery. 1. An act of inflicting physical harm does not purport to be the name of any per-
upon the woman or her child resulting to the son.
physical and psychological or emotional dis-
tress. [Sec. 3, RA 9262]. 2. A beating, or Beauty contest. Any competition open to any
wrongful physical violence. The actual threat male or female, which is natl. in character or
to use force is an assault; the use of it is a scope, whether with or without intl. affilia-
battery, which usu. includes an assault. tion, wherein the winner or winners are cho-
sen on the basis of beauty or other physical
Batuta. Tag. A nightstick used by barangay attributes or a combination of beauty and
tanods. [People v. Balderama, GR 89597- talent, intelligence, charm, grace or other
98. Sep. 17, 1993]. similar qualities. [LOI 1376].
Baul. Tag. Commonly known in local parlance BED. See Budget Execution Document.
as wooden trunk. [People v. Sadang, GR
105378. June 27, 1994]. Beginning of personality. Personality begins
at conception, such that the conceived child
Bawang. Tag. A firecracker larger than a tri- shall be considered born for all purposes
angulo with 1/3 teaspoon of powder packed that are favorable to it, provided it be born
in cardboard tied around with abaca strings later with the conditions specified in Art. 41
and wrapped in shape of garlic. [Sec. 2, RA of the Civ. Code. For civil purposes, the foe-
7183]. tus is considered born if it is alive at the time
Bay. Intl. Law. A well-marked indentation it is completely delivered from the mother's
whose penetration is in such proportion to womb. However, if the foetus had an intra-
the width of its mouth as to contain land- uterine life of less than 7 months, it is not
locked waters and constitute more than a deemed born if it dies within 24 hours after
its complete delivery from the maternal
curvature of the coast. [Cruz, Intl. Law Re-
viewer, 1996 Ed., p. 62]. womb. [Arts. 40 and 41, CC].
Bayani. Tag. Hero.

99
Behest. An authoritative command. An urgent pain, weakness or paralysis of the affected
request side of the face. [Galanida v. ECC, GR L-
70660. Sep. 24, 1987].
Behest loans. The loans extended by GFIs
allegedly upon orders of the Marcos regime Bellum justum. Lat. Just war theory. A doc-
to its favorites and cronies who obtained trine that holds that a violent conflict ought
amounts unconscionably far in excess of to meet philosophical, religious or political
their loan values and knowing fully well that criteria.
they would never be repaid. [From the 3rd
BEMONC. See Basic Emergency Obstetric
preambulatory clause of Proc. 82, dated
and Newborn Care.
Mar. 3, 1987].
Bench. The seat occupied by the judge. More
BEI. Board of Election Inspectors.
broadly, the court itself.
Beinte nueve. [A local] fan knife. [People v.
Bench warrant. An order issued by a judge for
Alcantara, GR 91283. Jan. 17, 1995]. Also
the arrest of a person.
Veinte nueve.
Benefactor. Any person whether related or not
Belated due process rule. See Wenphil
to the senior citizen who provides care or
doctrine.
who gives any form of assistance to him/her,
Belligerency. Intl. Law. It exists when a sizea- and on whom the senior citizen is depend-
ble portion of the territory of a state is under ent on for primary care and material support,
the effective control of an insurgent commu- as certified by the City or Municipal Social
nity which is seeking to establish a separate Welfare and Devt. Officer [C/MSWDO]. [Art.
govt. and the insurgents are in de facto con- 5, IRR of RA 9994].
trol of a portion of the territory and popula-
Beneficial. 1. Favorable or advantageous;
tion, have a political org., are able to main-
resulting in good. 2. Of or relating to rights,
tain such control, and conduct themselves
other than legal title.
acc. to the laws of war. [Sandoval, Pol. Law
Reviewer 2003]. Beneficial owner. Any person who, directly or
indirectly, through any contract arrange-
Belligerent. 1. Adj. Hostile and aggressive. 2.
ment, understanding, relationship or other-
N. A nation or person engaged in war or
wise, possesses or shares voting power in
conflict, as recognized by intl. law.
regard of any security as to its investment
Belligerent community. A group of rebels disposition.
under an organized civil govt. who have tak-
Beneficial ownership. 1. One that is recog-
en up arms against the legitimate govt.
nized by law and capable of being enforced
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 17].
in the courts at the suit of the beneficial
Belligerent government. A govt. engaged in owner. This is to be differentiated from na-
a war with insurgents. ked ownership, which is the enjoyment of all
the benefits and privileges of ownership, as
Belligerent occupation. Intl. Law. An incident
against possession of the bare title of prop-
of war which occurs when the territory of
erty. 2. The right to the gains, rewards and
one belligerent is placed under the authority
advantages generated by the property. [La
and control of the invading forces of the oth-
Bugal-B'laan Tribal Assoc. Inc. v. DENR
er belligerent. [Cruz, Intl. Law Reviewer,
Secretary, GR 127882, Dec. 1, 2004].
1996 Ed., p. 139]. Compare with Military
occupation. Beneficial use. The use of the environment or
any element or segment thereof conducive
Bells palsy. An acute lower Motor Neuron
to public or private welfare, safety and
Palsy of the facial nerve, characterized by
health; and shall include, but not be limited

100
to, the use of water for domestic, municipal, hance their moral and material values. This
irrigation, power generation, fisheries, live- symbiotic relationship is the rationale of tax-
stock raising, industrial, recreational and ation and should dispel the erroneous notion
other purposes. [Sec 4, RA 9275]. that it is an arbitrary method of exaction by
those in the seat of power. [CIR v. CA, GR
Beneficiaries. The dependent spouse until
L-28896. Feb. 17, 1988].
he/she remarries and dependent children,
who are the primary beneficiaries. In their Bequeath. To give a gift to someone through a
absence, the dependent parents and subject will.
to the restrictions imposed on dependent
Bequests. Gifts made in a will. See Legacy.
children and legitimate descendents who
are the secondary beneficiaries. Provided, Berry rule. Criteria that must be observed
that the dependent acknowledged natural before a new trial may be granted by the
child shall be considered as a primary bene- courts on the ground of newly discovered
ficiary when there are no other dependent evidence. Thus, it must be shown (a) that
children who are qualified and eligible for the evidence was discovered after trial; (b)
monthly income benefit. [Art. 167, LC]. that such evidence could not have been dis-
covered and produced at the trial even with
Beneficiary. The person designated by the
the exercise of reasonable diligence; (c) that
planholder as the recipient of the benefits in
it is material, not merely cumulative, corrob-
the pre-need plan. [Sec. 4, RA 9829].
orative, or impeaching; and (d) the evidence
Beneficiary or Cestui que trust. 1. The per- is of such weight that it would probably
son for whose benefit the trust has been change the judgment if admitted. [Custodio
created. [Art. 1440, CC]. 2. Someone v. Sandiganbayan, GR 96027-28. Mar. 08,
named to receive property or benefits in a 2005].
will. In a trust, a person who is to receive
Berthing. 1. The action of mooring a ship. 2.
benefits from the trust. 3. Ins. The person
Mooring position; accommodation in berths.
which is designated in a contract of life,
health or accident insurance as the one who Berthing charge. The amount assessed
is to receive the benefits which become against a vessel for mooring or berthing at a
payable, acc. to the terms of the contract, pier, wharf, bulkhead-wharf, river or channel
upon the death of the insured. [Tiopianco, marginal wharf at any port in the Phils.; or
Commentaries & Jurisp. on the Ins. Code of for mooring or making fast to a vessel so
the Phil., 1999 Ed., p. 27]. berthed; or for berthing or mooring within
any slip, channel, basin river or canal under
Beneficio neto. Sp. Net profit.
the jurisdiction of any port of the Phils. The
Benefits. 1. Compensations given to employ- owner, agent, operator or master of the ves-
ees in addition to their regular salaries or sel is liable for this charge. [Sec. 2901,
wages. [Meralco v Quisumbing, GR 127598, TCCP].
Jan. 27, 1999]. 2. The payment of monetary
BESF. See Budget of Expenditures and
considerations and/or performance of future
Sources of Financing.
services which the pre-need company un-
dertakes to deliver either to the planholder Best evidence. The best evidence available.
or his beneficiary at the time of actual need Evidence short of this is secondary, that is,
or agreed maturity date, as specified in the an orig. letter is Best evidence, and a photo-
pre-need plan. [Sec. 4, RA 9829]. copy is Secondary evidence. See Primary
evidence.
Benefits-protection theory. The theory that
the govt. is expected to respond in the form Best evidence rule. 1. A rule of evidence that
of tangible and intangible benefits intended there can be no evidence of a writing, the
to improve the lives of the people and en- contents of which are the subject of inquiry,

101
other than the orig. writing itself except, acts which are just short of being criminal
among others, when the orig. has been lost, but constitute gross faithlessness against
destroyed, or cannot be produced in court. public trust, tyrannical abuse of power,
[Sec. 3, Rule 130, RoC]. 2. A rule providing inexcusable negligence of duty, favoritism,
that no evidence shall be received which is and gross exercise of discretionary powers.
merely substitutionary in its nature so long [Gonzales III v. OP, GR 196231, Sep. 4,
as the orig. evidence can be had. [Arroyo v. 2012].
HRET, GR 118597. July 14, 1995].
Betrayal of trust or Revelation of secrets
Best interest of the child. The totality of the by an attorney or solicitor. Crim. Law. The
circumstances and conditions as are most felony committed by any attorney-at-law or
congenial to the survival, protection and solicitor [procurador judicial] who, by any
feelings of security of the child and most en- malicious breach of professional duty or of
couraging to his physical, psychological and inexcusable negligence or ignorance, shall
emotional development. It also means the prejudice his client, or reveal any of the se-
least detrimental available alternative for crets of the latter learned by him in his pro-
safeguarding the growth and development fessional capacity, or who, having undertak-
of the child. [Sec. 4, RA 9344; AM 00-4-07- en the defense of a client or having received
SC]. confidential information from said client in a
case, shall undertake the defense of the op-
Bestiality. 1. Savagely cruel or depraved be-
posing party in the same case, without the
havior. 2. Sexual intercourse bet. a person
consent of his 1st client. [Art. 209, RPC].
and an animal.
Betterment. Improvement. See Mejora.
Bestosexual. Legal Med. A person whose
sexual desire is towards animals. It is at- Betting. Betting money or any object or article
tained by having sex with an animal. [Olarte, of value or representative of value upon the
Legal Med., 1st Ed. (2004), p. 113]. result of any game, races and other sports
contest. [Sec. 1, PD 483].
Bet. An amount or object risked in a wager; a
stake. Betting in sports contests. Crim. Law. The
felony committed by any person who shall
Bet taker of Promoter. A person who calls
bet money or any object or article of value or
and takes care of bets from owners of both
representative of value upon the result of
gamecocks and those of other bettors be-
any boxing or other sports contests. [Art.
fore he orders commencement of the cock-
197, RPC].
fight and thereafter distributes won bets to
the winners after deducting a certain com- Bettor. 1. Mananaya, Tayador or variants
mission. [Sec. 4, PD 449]. thereof. Any person who places bets for
himself/herself or in behalf of another per-
Betrayal of public trust. Consti. Law. 1. A
son, or any person, other than the personnel
catch-all phrase to include all acts which are
or staff of any illegal numbers game opera-
not punishable by statutes as penal offens-
tion. [Sec. 2, RA 9287]. 2. A person who
es, but nonetheless, render the officer unfit
participates in cockfights and with the use of
to continue in office. It includes betrayal of
money or other things of value, bets with
public interest, inexcusable negligence of
other bettors or through the bet taker or
duty, tyrannical abuse of power, breach of
promoter and wins or loses his bet depend-
official duty by malfeasance or misfeasance,
ing upon the result of the cockfight as an-
cronyism, favoritism, etc., to the prejudice of
nounced by the referee or sentenciador. He
public interest and which tend to bring the
may be the owner of fighting cock. [Sec. 4,
office in to dispute. [Record of the 1986
PD 449].
Consti. Comm., Proceedings and Debates,
272; July 8, 2012]. 2. The phrase refers] to

102
Beverage. A liquor or liquid for drinking. accepted. [Padilla v. Zaldivar, GR L-22789,
[Cagayan Valley Ent., Inc. v. CA, GR 78413. Oct. 30, 1964].
Nov. 8, 1989].
Bidder. Someone who makes an offer in a
Beyond cavil. Cannot be doubted or argued bidding.
about.
Bidder's bond. A bond in cash, certified or
Beyond economical repair. The condition of cashier's check or surety required of bidders
the supplies when the cost of repairing be- before they can participate in any competi-
comes prohibitive and disadvantageous to tive bidding, to guarantee in good faith the
the govt. or when the cost to repair an item submission of their tenders and acceptance
is over 60% of the acquisition cost. [IRR on of all the terms and conditions thereof. [IRR
Supply & Prop. Mgt., per Sec. 383, LGC]. on Supply & Prop. Mgt., per Sec. 383, LGC].
Beyond reasonable doubt. The standard in a Bidding. Making an offer or an invitation to
criminal case requiring that the court be sat- prospective contractors whereby the govt.
isfied to a moral certainty that every element manifests its intention to invite proposals for
of a crime has been proven by the prosecu- the purchase of supplies, materials and
tion. This standard of proof does not require equipment for official business or public use,
that the state establish absolute certainty by or for public works or repair. [J.G. Summit
eliminating all doubt, but it does require that Holdings, Inc. v. CA, GR 124293, 24 Sep.
the evidence be so conclusive that all rea- 2003].
sonable doubts are removed from the mind
Bidding documents. Documents issued by
of the ordinary person.
the procuring entity as the basis for bids,
Bias or Partiality. A predisposition to decide a furnishing all information necessary for a
cause or an issue in a certain way, which prospective bidder to prepare a bid for the
does not leave the mind perfectly open to goods, infrastructure projects, and consult-
conviction. [Malabed v. Asis, AM RTJ-07- ing services to be provided. [Sec. 5, RA
2031, Aug. 4, 2009]. 9184].
Bicam. Short for Bicameral conference Bienes futuros. Sp. Future property. [Blas v.
committee. Santos, GR L-14070. Mar. 29, 1961].
Bicameral. Composed of 2 houses of Con- Bigamous. Of illegal marriage to a 2nd person
gress. while legally married to a 1st.
Bicameral conference committee. A joint Bigamous marriage. A marriage contracted
committee of a bicameral legislature which by any person during the subsistence of a
is appointed by, and consists of, members previous marriage and is, therefore, null and
of both chambers to resolve disagreements void. [Art. 41, FC].
on a particular bill. See Conference com-
Bigamy. Crim. Law. 1. The contracting of a
mittee.
2nd or subsequent marriage before the for-
Bid. Signed offer or proposal submitted by a mer marriage has been legally dissolved, or
supplier, manufacturer, distributor, contrac- before the absent spouse has been alleged
tor or consultant in response to the bidding declared presumptively dead by means of a
documents. [Sec. 5, RA 9184]. judgment rendered in the proper proceed-
ing. [Art. 349, RPC]. 2. An illegal marriage
Bid bond. Also Proposal bond. An indispen-
committed by contracting a 2nd or subse-
sable requirement for the validation of a bid
quent marriage before the 1st marriage has
proposal. The bond insures good faith of the
been legally dissolved, or before the absent
bidders and binds them to enter into a con-
spouse has been declared presumptively
tract with the Govt. should their proposal be
dead by means of a judgment rendered in

103
the proper proceedings. Bigamy carries with Bill increasing public debt. A bill filed in
it the imposable penalty of prision mayor. Congress proposing to authorize the govt. to
Being punishable by an afflictive penalty, borrow money, either by borrowing from ex-
this crime prescribes in 15 years. The 15- ternal sources or by offering bonds for public
year prescriptive period commences to run subscriptions.
from the day on which the crime is discov-
Bill of attainder. A legislative act which inflicts
ered by the offended party, the authorities,
punishment without trial. [People v. Ferrer,
or their agents. [Sermonia v. CA, GR
GR L-32613-14, Dec. 27, 1972].
109454. June 14, 1994].
Bill of exchange. 1. An unconditional order in
Bigamy. Crim. Law. Elements: (a) That the
writing addressed by one person to another,
offender has been legally married; (b) That
signed by the person giving it, requiring the
the marriage has not been legally dissolved
person to whom it is addressed to pay on
or, in case his or her spouse is absent, the
demand or at a fixed or determinable future
absent spouse could not yet be presumed
time a sum certain in money to order or to
dead acc. to the Civil Code; (c) That he con-
bearer. [Sec. 126, NIL]. 2. A negotiable in-
tracts a 2nd or subsequent marriage; and 4.
strument by which the drawer requires of the
That the 2nd or subsequent marriage has all
drawee to pay a designated sum of money
the essential requisites for validity. [Tenebro
to the payee or subsequent holder. [Torres,
v. CA, GR 150758, 18 Feb. 2004]].
Bilas. Tag. 1. The husband of [one‘s] wife's with Promissory note.
sister. [People v. Ventura, GR L-32716.
Bill of lading. 1. A written acknowledgment of
Dec. 1, 1977]. 2. Co-brother-in-law. [People
the receipt of the goods and an agreement
v. Malillos, GR L-26568. July 29, 1968]. 3.
to transport and deliver them at a specified
Tag. A brother-in-law‘s wife or sister-in-law‘s
place to a person named or on his order.
husband. [CSC‘s Guidelines on the use of
[Suggested Answer for the 1998 Bar, UPLC,
the rev. SALN form]. Compare with Bayaw
(2002), p. 42]. 2. Such instrument may be
and Hipag.
called a shipping receipt, forwarder's receipt
Bilateral. Having or formed of 2 sides; two- and receipt for transportation. [Saludo v. CA,
sided. GR 95536. Mar. 23, 1992]. 3. A written
agreement bet. the shipper of the goods and
Bilateral contract. A contract involving mutual
a common carrier. [Torres, Oblig. & Cont.,
promises each party is both promisor and
2000 Ed., p. 348].
promisee. See Synallagmatic contract.
Bill of lading. Functions: 1. A receipt for the
Bilateral treaty. Formal binding agreement
goods shipped; 2. A contract by which the 3
bet. 2 states.
parties, namely, the shipper, carrier and
Bill. A proposed law filed in Congress which consignee, undertake specific responsibili-
becomes law only after it is considered, ties and assume stipulated obligations; and
passed upon and approved by Congress 3. A legal evidence of the contract bet. the
and by the Pres. of the Phils. shipper and the carrier. As evidence, its
contents shall decide all disputes which may
Bill in set. Nego. Inst. 1. A bill drawn in a set, arise with regard to their execution and ful-
each part of the set being numbered, and fillment.
containing a reference to the other parts, the
whole of the parts constitutes one bill. 2. A Bill of lading. Two-fold character: A bill of
bill composed of several parts, each part is lading operates both as a receipt and as a
numbered and contains a reference to the contract. It is a receipt for the goods shipped
other parts, all of which parts constitute one and a contract to transport and deliver the
bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 377]. same as therein stipulated. As a receipt, it

104
recites the date and place of shipment, de- by the pleader, and apprise the opposite
scribes the goods as to quantity, weight, di- party of the case which he has to meet, to
mensions, identification marks and condi- the end that the proof at the trial may be lim-
tion, quality, and value. As a contract, it ited to the matters specified, and in order
names the contracting parties, which include that surprise at, and needless preparation
the consignee, fixes the route, destination, for, the trial may be avoided, and that the
and freight rate or charges, and stipulates opposite party may be aided in framing his
the rights and obligations assumed by the answering pleading and preparing for trial.
parties. [Phoenix Assurance Co., Ltd. v. US 2. To define, clarify, particularize, and limit
Lines, GR L-24033, Feb. 22, 1968]. or circumscribe the issues in the case, to
expedite the trial, and assist the court. [Vira-
Bill of lading. Types: 1. Negotiable – If issued
ta v. Sandiganbayan, GR 106527. Apr. 6,
to the bearer or to the order of any person
1993].
named in such bill; and 2. Non-negotiable –
If issued to a specific person named therein. Bill of rights. Consti. Law. A formal and em-
phatic legislative assertion and declaration
Bill of local application. A bill filed in Con-
of popular rights and liberties. That portion
gress that is local in character like the crea-
of the Consti. guaranteeing the rights and
tion of a new town, city or province.
privileges to the individual.
Bill of particulars. Rem. Law. 1. A definite
Binder. A payment or written statement mak-
statement which a party may move for be-
ing an agreement legally binding until the
fore responding to a pleading concerning
completion of a formal contract, esp. an in-
any matter which is not averred with suffi-
surance contract. See Binding slip.
cient definiteness or particularity to enable
him properly to prepare his responsive Binding receipt. Ins. 1. A mere acknowledg-
pleading. If the pleading is a reply, the moment on behalf of the company that its
tion must be filed within 10 days from ser- branch office had received from the appli-
vice thereof. Such motion shall point out the cant the insurance premium and had ac-
defects complained of, the paragraphs cepted the application subject to processing
wherein they are contained, and the details by the head office. 2. In life insurance a
desired. [Sec. 1, Rule 12, RoC]. 2. A more "binding slip" or "binding receipt" does not
definite statement, ordered by the court on insure of itself. [De Lim v. Sun Life Assur-
motion of a party, the office of [which] is lim- ance Co. of Canada, GR L-15774 Nov. 29,
ited to making more particular or definite the 1920].
ultimate facts in a pleading [that were] al-
Binding slip. Also Binder. A document given
leged too generally or not averred with suffi-
to the insured to bind the company in case a
cient definiteness or particularly [as] to ena-
loss occurs pending action upon the applica-
ble an [adverse party] properly to prepare
tion and the actual issuance of a policy.
his responsive pleading or to prepare for tri-
Such a slip issued by the duly authorized
al. It is not its office to supply evidentiary
agent of an insurance company constitutes
matters. [Fortune Corp. v. CA, GR 108119.
a temporary contract of insurance under
Jan. 19, 1994].
which the company is liable for any loss oc-
Bill of particulars. Rem. Law. Purposes: 1. To curring during the period covered by it.
amplify or limit a pleading, specify more mi-
Bingeing. Legal Med. The rapid and quick
nutely and particularly a claim or defense
consumption of large amounts of food while
set up and pleaded in general terms, give in-
feeling a loss of control. [Olarte, Legal Med.,
formation, not contained in the pleading, to
1st Ed. (2004), p. 139].
the opposite party and the court as to the
precise nature, character, scope, and extent
of the cause of action or defense relied on

105
Bintol. Tag. Bamboo-and-net device used to tent of the listed drug when administered at
catch ―talangka.‖ [People v. Rejano, GR the same molar dose of the therapeutic in-
105669-70. Oct. 18, 1994]. gredient under similar experimental condi-
tions in either a single dose or multiple dos-
Bio-. A combining form meaning ―life.‖
es. Bioequivalence shall also refer to the
Bioavailability. The rate and extent to which absence of a signiticant difference on the
the active ingredient or therapeutic ingredi- rate and extent-to-which the active ingredi-
ent is absorbed from a drug and becomes ent(s) of the sample and reference drug be-
available at the site of drug action. [Sec. 9, comes available at the site of drug action
RA 9711]. when administered under the same molar
dose and under similar conditions. [Sec. 9,
Bio-conversion to fuels. The various pro- RA 9711].
cesses, natural or synthetic, by which a sol-
id, liquid or gaseous fuel is produced by uti- Bioethanol fuel. Ethanol (C2H30H) produce
lizing bio-mass feedstock, e.g. anaerobic from feedback and other biomass. [Sec. 3,
fermentation of animal manure to yield bio- RA 9367].
gas; combustion of firewood to yield heat,
Bioethanol fuels. The hydrous and anhydrous
steam or power, fermentation of agricultural
bioethanol suitably denatured for use as mo-
crops or by-products to yield substitute fuels
tor fuel with quality specifications in accord-
such as alcohol. [Sec. 2, PD 1068].
ance with the PNS. [Sec. 3, RA 9367].
Biodegradable. Capable of being decom-
Biofuel. The bioethanol and biodiesel and
posed by bacteria or other living organisms.
other fuels made from biomass and primary
Biodegradable wastes. Organic matter for used for motive, thermal power generation,
compost or organic fertilizer for the organic with quality specifications in accordance
cultivation, farming of food crops and in- with PNS. [Sec. 3, RA 9367].
cludes discards segregated farm nonbiode-
Biofuels Act of 2006. RA 9367 entitled ―An
gradable wastes coming from the kitchen or
Act to Direct the Use of Biofuels, Establish-
household [leftovers, vegetables and fruit
ing for this Purpose the Biofuel Program,
peelings and trims, fish or fowl cleanings,
Appropriating Funds Therefor, and for Other
seeds, bones, soft paper used as food wrap
Purposes‖ enacted on Jan. 12, 2007.
and the like], yard or garden [leaves, grass-
es, weeds and twigs], market [wilted, de- Bio-gas. A fuel gas consisting of 50-70% me-
cayed or rotten vegetables and fruits, fish or thane and the rest non-combustible gases
fowl cleanings, bones] and farm wastes produced by the anaerobic fermentation of
[grass clippings, dead or decayed plants, organic waste. [Sec. 2, PD 1068].
leaves, fruits, vegetables, branches, twigs
Biologic products. Viruses, sera, toxins and
and the like]. [Sec. 3, RA 10068].
analogous products used for the prevention
Biodiesel. Fatty Acid Methyl Ester (FAME) or or cure of human diseases. [Sec. 42, RA
mono-alkyl ester delivered from vegetable 5921].
oil, or animal fats and other biomass-derived
Biomass or Bio-mass. Any organic matter,
oils that shall be technically proven and ap-
particularly cellulosic or ligno-cellulosic mat-
proved by the DOE for use in diesel en-
ter, which is available on a renewable or re-
gines, with quality specifications in accord-
curring basis, incl. trees, crops and associ-
ance with the Phil. Natl. Standards (PNS).
ated residues, plant fiber, poultry litter and
[Sec. 3, RA 9367].
other animal wastes, industrial wastes and
Bioequivalence. The rate and extent of ab- biodegradable component of solid waste.
sorption to which the drugs do not show a [Sec. 3, RA 9367]. 2. Organic matter,
significant difference from the rate and ex- whether living or not. This would include,

106
among others, trees, algae, animal and ag- Bird. Any of various warm-blooded, egg-
ricultural wastes and decaying plants in laying, feathered vertebrates of the class
swamps. [Sec. 2, PD 1068]. Aves, having forelimbs modified to form
wings.
Biomass energy systems. Energy systems
which use biomass resources to produce Bird flu. An infectious disease caused by
heat, steam, mechanical power or electricity strains of the Type A influenza viruses that
through either thermochemical, biochemical ordinarily only infect birds.
or physico-chemical processes, or through
Bird sanctuary. Aviary; a building where birds
such other technologies which shall comply
are kept. See Game refuge.
with prescribed environmental standards
pursuant to RA 9513. [Sec. 4, RA 9513]. Birth. 1. The emergence and separation of
offspring from the body of the mother. 2. A
Biomass resources. Non-fossilized, biode-
beginning or commencement. 3. [It] deter-
gradable organic material originating from
mines personality; but the conceived child
naturally occurring or cultured plants, ani-
shall be considered born for all purposes
mals and micro-organisms, incl. agricultural
that are favorable to it, provided it be born
products, by-products and residues such as,
later with the conditions specified in [Art. 40
but not limited to, biofuels except corn, soya
of the Civ. Code]. [Art. 40, CC].
beans and rice but incl. sugarcane and co-
conut, rice hulls, rice straws, coconut husks Birth certificate. A historical record of the
and shells, corn cobs, corn stovers, ba- facts as they existed at the time of
gasse, biodegradable organic fractions of birth. [Silverio v. Rep., GR 174689; Oct. 22,
industrial and municipal wastes that can be 2007].
used in bioconversion process and other
processes, as well as gases and liquids re- Bitten. An act by which a dog seizes, cuts or
covered from the decomposition and/or ex- grips with its teeth so that the skin of a per-
son has been wounded, pierced or
traction of non-fossilized and biodegradable
organic materials. [Sec. 4, RA 9513]. scratched. [Sec. 3, RA 9482].
Biomedicine. That discipline of medical care Black Hand. A lawless secret society whose
advocating therapy with remedies that pro- members engage in extortion, terrorism, and
duce effects differing from those of the dis- other crimes. [People v. Aquino, GR L-
23908. Oct. 29, 1966].
eases treated. It is also called 'allopathy,'
'western medicine,' 'regular medicine,' 'con- Black letter law. The technical legal rules to
ventional medicine,' 'mainstream medicine,' be applied in a particular area, which are
'orthodox medicine,' or 'cosmopolitan medi- most often largely well-established and no
cine.' [Sec. 4, RA 8423]. longer subject to reasonable dispute. See
Biometrics. The quantitative analysis that Hornbook law.
provides a positive identification of an indi- Blackhander. A person belonging to or asso-
vidual such as voice, photograph, finger- ciated with Black Hand, a lawless secret so-
print, signature, iris and/or such other identi- ciety whose members engage in extortion,
fiable features. [Sec. 2, RA 10367]. terrorism, and other crimes. [People v.
Bioprospecting. The research, collection and Aquino, GR L-23908. Oct. 29, 1966].
utilization of biological and genetic re- Blackmail. 1. A crime of extortion committed
sources for purposes of applying the by any person who threatens another to
knowledge derived there from solely for publish a libel concerning him or his parents,
commercial purposes. [Sec. 5, RA 9147]. spouse, child, or other members of his fami-
BIR. See Bureau of Internal Revenue. ly, or who offers to prevent the publication of
such libel for a monetary consideration. [Art.

107
356, RPC]. 2. Any unlawful extortion of Blanket authority. Direct authority to act with-
money by an appeal to the fears of the vic- out having to gain approval for each action.
tim, especially extortion of money by threats
Blanket clause or Dragnet clause. A clause
of accusation or exposure. [US v. Eguia, GR
in a mortgage contract which is specifically
L-13540 Oct. 24, 1917].
phrased to include all debts of past or future
Black market or Underground economy. origins. Such a clause enables the parties to
The market in which illegal goods are trad- provide continuous dealings, the nature or
ed. extent of which may not be known or antici-
pated at the time, thus avoiding the expens-
Blackmarketing of foreign exchange. The
es and inconvenience of executing a new
crime committed by any person who shall
security on each new transaction. However,
engage in the trading or purchase and sale
such a clause will not be extended to cover
of foreign currency in violation of existing
future advances if the lender gives and the
laws or rules and regulations of the Central
borrower accepts other securities for the
Bank. [Sec. 1, PD 1883]. See Salting of
subsequent loans. [Prudential Bank v. Alviar,
foreign exchange.
GR 150197, 28 July 2005].
Blameless. Innocent of wrongdoing.
Blanket mortgage clause. [A clause in a
Blameless ignorance doctrine. The doctrine mortgage contract] which makes available
incorporated in Sec. 2 of Act 3326 under future loans without need of executing an-
which, the statute of limitations runs only other set of security documents, has long
upon discovery of the fact of the invasion of been recognized in our jurisprudence. It is
a right which will support a cause of action. meant to save time, loan closing charges,
In other words, the courts would decline to additional legal services, recording fees, and
apply the statute of limitations where the other costs. [It] is designed to lower the cost
plaintiff does not know or has no reasonable of loans to borrowers, at the same time
means of knowing the existence of a cause making the business of lending more profit-
of action. [Pres‘l. Ad Hoc Fact- Finding able to banks. [Julian v. Lutero, GR L-25235
Committee on Behest Loans v. Desierto, GR Dec. 9, 1926].
135715, Apr. 13, 2011].
Blasting agent. Any material or mixture con-
Blank. A space left to be filled in a document. sisting of a fuel and oxidizer used to set off
explosives. [Sec. 3, RA 9514; Sec. 3, PD
Blank check or cheque. 1. A bank check with 1185].
the amount left for the payee to fill in. 2. Un-
limited freedom of action. Blight. An extremely adverse environmental
condition,
Blank indorsement. 1. Nego. Inst. One that
specifies no indorsee [Sec. 34, NIL] such Blighted. Affected by blight; anything that
that (a) the instrument is payable to bearer mars or prevents growth or prosperity;
and may be negotiated by delivery; or (b)
Blighted lands. The areas where the struc-
the instrument may be converted to a spe-
tures are dilapidated, obsolete and unsani-
cial indorsement by writing over the signa-
tary, tending to depreciate the value of the
ture of the indorser in blank any contract
land and prevent normal development and
consistent with the character of indorsement
use of the area. [Sec. 3, RA 7279].
[Sec. 35, NIL]; 2. An endorsement on com-
mercial paper naming no payee and so pay- Block. A parcel of land bounded on the sides
able to the bearer. See Indorsement in by streets or alleys or pathways or other
blank. natural or manmade features, and occupied
by or intended for buildings. [Sec. 3, BP
Blanket. Covering all cases or instances; total
220].
and inclusive.

108
Block. Also Meridional block. An area components, its products and derivative.
bounded by ½ minute of latitude and ½ mi- [Sec. 3, RA 7719].
nute of longitude, containing approximately
Blood transfusion transmissible diseases.
81 hectares. [Sec. 3, RA 7942].
Diseases which may be transmitted as a re-
Blockade. Intl. Law. 1. A hostile operation by sult of blood transfusion, incl. AIDS, Hepati-
which the vessels and aircraft of one bellig- tis-B, Malaria and Syphilis. [Sec. 3, RA
erent prevent all other vessels, incl. those of 7719].
neutral states, from entering or leaving the
BLT. See Build - Lease - and – Transfer.
ports or coasts of the other belligerent, the
purpose being to shut off the place from intl. Blue seal. A blue band used to seal a package
commerce and communication with other of foreign-made, untaxed cigarettes.
states. [Cruz, Intl. Law Reviewer, 1996 Ed.,
p. 155]. 2. A sort of circumvallation around a Blue Sunday Law. RA 946 entitled ―An Act to
place by which all foreign connection and prohibit labor on Sunday, Christmas day,
New Year's day, Holy Thursday and Good
correspondence is, as far as human power
can effect it, to be cut off. Friday‖ enacted on June 20, 1953. [Express-
ly repealed by the Labor Code].
Blockhead. A person deficient in understand-
Blue-sky bargaining. In collective bargaining
ing. [People v. Aquino, GR L-23908. Oct.
29, 1966]. negotiations, the term means making exag-
gerated or unreasonable proposals. ―Blue-
Blood. The fluid that circulates in the principal sky bargaining‖ is indicative of violation of
vascular system of human beings and other duty to bargain collectively. [Standard Char-
vertebrates, in humans consisting of plasma tered Bank Employees Union v. Confesor,
in which the red blood cells, white blood GR 114974, June 16, 2004]
cells, and platelets are suspended.
Board. The BoD or BoT of the [homeowners‘]
Blood bank or center. A laboratory or institu- assoc. which has primary authority to man-
tion with the capability to recruit and screen age the affairs of the assoc. [Sec. 3, RA
blood donors, collect, process, store, 9904].
transport and issue blood for transfusion
and provide information and/or education on Board of Directors (BoD). 1. That body en-
blood transfusion transmissible diseases. trusted with the management of the affairs
of the coop. under its articles of cooperation
[Sec. 3, RA 7719].
and bylaws. [Sec. 1, RA 9520]. 2. The colle-
Blood collection unit. An institution or facility gial body that exercises the corporate pow-
duly authorized by the DOH to recruit and ers of all corps. formed under the Corp.
screen donors and collect blood. [Sec. 3, RA Code. It conducts all business and controls
7719]. or holds all property of such corps. [SEC
Res. 135, S. 2002]. 3. [It] shall include the
Blood grouping test. The analysis of blood
executive committee or the management of
samples of the mother, the child, and the al-
partnership or assoc. [Sec. 1, Rule 2, AM
leged father, [by which] it can be established
00-8-10-SC, Dec. 2, 2008].
conclusively that the man is not the father of
the child. But [such test] cannot show that a Board of Directors or Trustees (BoD or
man is the father of a particular child, but at BoT). The body politic and corporate which
least can show only a possibility that he is. exercises the corporate powers of all corps.
[Jao v. CA, GR L-49162. July 28, 1987]. formed under the Corp. Code, conducts all
business, and controls and holds all proper-
Blood or Blood product. Human blood, pro-
ty of such corps., the directors or trustees of
cessed or unprocessed and includes blood
which are elected from among the holders of
stocks, or where there is no stock, from

109
among the members of the corporation, and Body-building. A job undertaken on a motor
are to hold office for 1 year until their suc- vehicle in order to replace its entire body
cessors are elected and qualified. with a new body. [Sec. 2, RA 6539].
Board of Directors / Trustees or Board. The BoE. See Bill of exchange.
governing body that exercises the corporate
BOI. See Board of Investments.
powers of a GOCC. [Sec. 3, RA 10149].
Boiler room operations. The use of high
Board of election inspectors (BEI). A Board
pressure sale tactics to promote purchase
in every precinct composed of 3 regular
and sale of securities.
members who shall conduct the voting,
counting and recording of votes in the poll- Boiler room sales. A price manipulation
ing place. [Sec. 2, RA 8436]. scheme in securities trading by the use of
high-pressure sales tactics to promote pur-
Board of Investments (BOI). 1. The agency
chases as sales of certain stocks.
created by RA 5186, known as the Invest-
ment Incentives Act. [Sec. 3, RA 6135]. 2. Bolo. A long, heavy Phil. single-edged knife.
An attached agency of the DTI created un-
der RA 5186, as amended. Bombardment of the drawbridge. Partial
penile penetration.
Boarder. One who pays a stipulated sum in
Bombardment of the drawbridge is inva-
return for regular meals or for meals and
lodging. sion enough even if the troops do not
succeed in entering the castle. Partial pe-
Boarding house. 1. A building where selected nile penetration is as serious as full penetra-
persons for fixed periods of time are sup- tion; the rape is deemed consummated in ei-
plied with, and charged for sleeping ac- ther case. [People v. Salinas, GR 107204
commodations and meals. [Sec. 63, PD May 6, 1994].
856]. 2. Any house where boarders are ac-
cepted for compensation by the week or by Bona fide. Lat. In good faith or with good faith;
without fraud or deceit; genuine.
the month, and where meals are served to
boarders only. [Sec. 1, PD 426]. Compare Bona fide bidder. A registered merchant li-
with Lodging house. censed as manufacturer, producer, regular
BoC. See Bureau of Customs. dealer or service establishment with reputa-
ble establishment for at least 3 months prior
BoD. Board of Directors. to the public bidding he intends to partici-
pate in. [IRR on Supply & Prop. Mgt., per
Body. 1. Rem. Law. The part of a pleading
Sec. 383, LGC].
that sets forth its designation, the allegations
of the party's claims or defenses, the relief Bona fide intention to cultivate. In Sec. 50
prayed for, and the date of the pleading. (a) of RA 1199, as amended, [the term] has
[Sec. 2, Rule 7, RoC]. 2. Stat. Con. It con- reference not only to the liability and firm
tains the subject matter of the statute. [Sua- decision of the landowner to mechanize but
rez, Stat. Con., (1993), p. 46]. also to the motive behind his action in seek-
ing the dispossession of his tenants. The
Body of the decision or order. [That part of
"bona fide" requirement necessarily author-
the decision or order which] merely contains
izes judicial inquiry into the landowner's mo-
the reasons or conclusions of the court or-
tives in deciding to mechanize his opera-
dering nothing. [Cobarrubias v. People, GR
tions. [De Santos v. Acosta, GR L-17564.
160610 Aug. 14, 2009]. Compare with Fallo.
Jan. 31, 1962].
Bona fide occupant. One who supposes he
has a good title and knows of no adverse

110
claim; one who not only honestly supposes Bonus judex secundum aequum at bonum
himself to be vested with true title but is ig- judicat stricto juri praefert. Lat. A good
norant that the title is contested by any other decides acc. to justice ands right and pre-
person claiming a superior right to it. [Ber- fers equity to strict law. [Pangan v. CA, GR
nardo v. Bernardo, GR L-5872. Nov. 29, L-39299. Oct. 18, 1988].
1954].
Bonus judex secundum sequum. Lat. Decid-
Bona fide purchaser for value. As used in ing acc. to justice rather than rigid law.
sales or ordinary contracts, any person who
Bonus pater familias. Lat. Good father of the
acquires property or negotiable instruments
family.
in good faith and for valuable consideration.
[Torres, Oblig. & Cont., 2000 Ed., p. 348]. Bonus shares. Corp. Law. Those issued gra-
tuitously. They are Watered shares. [Diaz,
Bond. 1. Nego. Inst. A special type of promis-
Bus. Law Rev., 1991 Ed., p. 250].
sory note that contains a promise, under
seal, to pay money. 2. A written obligation or BOO. See Build - Own - and – Operate.
undertaking that is sufficiently secured.
[Evangelista v. CA, GR 41229. Jan. 13, Boodle. 1. Money, esp. that gained or spent
1992]. 3. A written agreement by which a illegally or improperly. 2. A great quantity,
esp. of money.
person insures he will pay a certain sum of
money if he does not perform certain duties Boodle fight. A military style of eating where
property. long tables are prepared and food are on
Bonded warehouse. A facility at a port of top of the banana leaves. Viands and rice
entry where shippers can store goods until ready to eat using bare hands, jugs of water
are prepared on the side to wash hands be-
they clear customs.
fore the "eating combat". With the signal to
Bonds. Certificates of debt issued by a com- start the boodle fight, everyone aims for
pany [or govt.] guaranteeing payment of an his/her position.
orig. investment plus interest at a specified
future date. Boodle money. Money, esp. counterfeit mon-
ey; money accepted as a bribe. [Used in
Bondsman. A surety offered in virtue of a People v. Babanggol, GR 181422, Sep. 15,
provision of law or of a judicial order who 2010].
shall have the qualifications prescribed in
Book Publishing Industry Development Act.
Art. 2056 of the Civ. Code and in special
laws. [Art. 2082, CC]. RA 8047 entitled ―An Act providing for the
development of the book publishing industry
Bonus. 1. A gratuity or act of liberality of the through the formulation and implementation
giver which the recipient has no right to de- of a natl. book policy and a natl. book devel-
mand as a matter of right. [PNCC v. NLRC, opment plan‖ enacted on June 7, 1995.
GR 117240. Oct. 2, 1997]. 2. It is something
given in addition to what is ordinarily re- Bookie. A person, who without any license
ceived by or strictly due the recipient. The therefor, operates outside the compounds of
racing clubs and accepts bets from the pub-
granting of a bonus is basically a manage-
ment prerogative which cannot be forced lic. They pay dividends to winners minus a
upon the employer "who may not be obliged commission, which is usu. 10%. [Lim v.
to assume the onerous burden of granting Pacquing, GR 115044. Jan. 27, 1995].
bonuses or other benefits aside from the Booking. The process of photographing, fin-
employee's basic salaries or wages. [Kama- gerprinting, and recording identifying data of
ya Point Hotel v. NLRC, GR 75289, Aug. 31, a suspect. This process follows the arrest.
1989].

111
Booking sheet. A record of arrest and a applies for and/or avails of a credit facility.
statement on how the arrest is made. It is [Sec. 3, RA 9510].
simply a police report, and it has no proba-
Borrowing. The action of taking and using
tive value as an extrajudicial statement of
money from a bank under an agreement to
the person being detained. The signing by
pay it back later.
the accused of the booking sheet and arrest
report is not a part of the custodial investiga- Borrowing power of the President. The
tion which would otherwise require the pres- power of the Pres. to contract or guarantee
ence of counsel to ensure the protection of foreign loans on behalf of the Rep. of the
the accused's constitutional rights. [People Phils., with the prior concurrence of the
v. Manzano, GR 86555. Nov. 16, 1993]. Monetary Board, and subject to such limita-
tions as may be provided by law. [Sec. 20,
Bookkeeper. Someone who records the
Art. VII, 1987 Consti.].
transactions of a business.
Borrowing statute. Conf. of Laws. 1. A statute
Bookkeeping. The art or practice of keeping a
[which] has the practical effect of treating
systematic record of business transactions,
the foreign statute of limitation as one of
so as to show their relations to each other,
substance. [Agpalo, Conflict of Laws, p. 6].
and the state of the business in which they
2. A statute which directs the state of the fo-
occur. [Martin, Commentaries and Jurisp. on
rum to apply the foreign statute of limitations
Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 32].
to the pending claims based on a foreign
BoP. See Balance of Payments. law.
Bore. Any well, hole, pipe, or excavation of Borrowings. Funds obtained from repayable
any kind which is bored, drilled, sunk or sources, incl. loans secured by the govt.
made in the ground for the purpose of inves- from financial institutions and other sources
tigating, prospecting, obtaining, or producing internal and external, to finance devt. pro-
geothermal energy, natural gas and me- jects and/or budget support.
thane gas, or which taps or is likely to tap
Bosun. [One who] manages actual deck work
geothermal energy, natural gas and me-
schedules and assignments directed by the
thane gas and includes any hole in the
Chief Officer and emergency duties as indi-
ground which taps geothermal energy, natu-
cated in the Station Bill. He attends to
ral gas and methane gas. [Sec. 2, RA 5092].
maintenance and upkeep of all deck equip-
Born. 1. Existing as a result of birth. 2. The ment, cargo, riggings, safety equipment and
[fact that the fetus] is alive at the time it is helps in maintaining discipline of the deck
completely delivered from the mother's hands. He assists in ships emergency drills
womb. However, if the fetus had an intra- and in any event of emergency and per-
uterine life of less than 7 months, it is not forms other duties and responsibilities as in-
deemed born if it dies within 24 hours after structed or as necessary. [Oriental Ship-
its complete delivery from the maternal management Co., Inc. v. Bastol, GR
womb. [Art. 41, CC]. 186289. June 29, 2010].
Born out of wedlock. Born of parents who BoT. Board of Trustees.
were not married at the time of birth.
BOT. See Build - Operate - and -Transfer.
Borrow. To take and use money from a per-
BOT Scheme. An acronym which stands for
son or bank under an agreement to pay it
build - operate - and - transfer scheme, it re-
back later:
fers to a contractual arrangement with the
Borrower. A natural or juridical person, incl. govt. whereby the contractor undertakes the
any LGU, its subsidiaries and affiliates, that construction, incl. financing, of a given infra-
structure facility, and the operation and

112
maintenance thereof. It admits of variations, Bouncing Check Law violation Elements: (a)
the most common of which is simply a build The making, drawing and issuance of any
- and - transfer arrangement. [Sec. 2, RA check of apply to account or for value; (b)
6957]. the knowledge of the maker, drawer or issu-
er that at the time of issue he does not have
Botcha. Illegally slaughtered meat; hot meat.
sufficient funds in or credit with the drawee
Bottle-feeding. The method of feeding an bank for the payment of such check in full
infant using a bottle with artificial nipples, upon its presentment; and (c) subsequent
the contents of which can be any type of flu- dishonor of the check by the drawee bank
id. [Sec. 3, RA 10028; Sec. 3, RA 7600]. for insufficiency of funds or credit or dishon-
or for the same reason had not the drawer,
Bottomry. A system of merchant insurance in without any valid cause, ordered the bank to
which a ship is used as security against a stop payment. [People v. Laggui, GR 76262-
loan to finance a voyage, the lender losing 63 Mar. 16, 1989].
the investment.
Boundary. A line that marks the limits of an
Bottomry loan. A contract in the nature of a area; a dividing line.
mortgage, by which the owner of a ship bor-
rows money for the use, equipment or repair Boundary maps. Cartographic representation
of the vessel, and for a definite term and of the land surface showing among others,
pledges the ship as a security of its repay- lines depicting the borders bet. different
ment, with maritime or extraordinary interest classifications of such land, the geographic
on account of the maritime risks to be borne and/or grid references, and the technical
by the lender, it being stipulated that if the descriptions of such lines and related refer-
ship be lost in the course of the specific ences. [Sec. 4, DENR AO 2008-24].
voyage, or during the limited time by any of
Boundary rivers. Intl. Law. Rivers which di-
the perils enumerated in the contract, the
vide the territories of states, like the St. Law-
lender shall also lose his money. [Tiopianco,
rence River bet. the US and Canada. [Cruz,
Commentaries and Jurisp. on the Ins. Code
Intl. Law Reviewer, 1996 Ed., p. 61].
of the Phil., 1999 Ed., p. 103].
Boundary system. 1. The prevalent, persis-
Boulwareism. Labor. A ―take-it-or-leave-it‖
tent and accepted mode or contractual rela-
bargaining attitude of the management in-
tionship bet. operators and drivers of public
troduced by L. R. Boulware of Gen. Electric
utilities providing land transportation ser-
Co. (US). This type of bargaining is express-
vices, particularly mini-buses, jeepneys and
ly prohibited under the law for the parties
taxis. [―Whereas‖ clause, LOI 853]. 2. The
are required to bargain collectively and in
system under which the driver is engaged to
good faith. [Poquiz, Labor Rel. Law, 1999
drive the owner / operator‘s unit and pays
Ed. p. 179].
the latter a fee commonly called boundary
Bouncing check. A check that is dishonored for the use of the unit. Whatever he earned
for encashment by a drawee bank upon in excess of that amount is his income.
presentment for the reason that the drawer [Paguio Transport Corp. v. NLRC, GR
does not have sufficient funds to cover the 119500, Aug. 28, 1998].
amount of the check. [Sec. 1, BP 22).
Boycott. Any activity on the part of a labor org.
Bouncing Check Law. BP 22 entitled ―An Act whereby it is sought through concerted ac-
penalizing the making or drawing and issu- tion, other than by reason of lawful competi-
ance of a check without sufficient funds or tion, to obtain withdrawal of public patron-
credit and for other purposes‖ enacted on age from one in business. [Burke v. Adams
Apr. 3, 1979. Dairy, 352 US 969].

113
Branch. Unit or part of a company. It is not Breach of faith. Violation of the reciprocity
separately incorporated. bet. the parties to an agreement. [Raquel-
Santos v. CA, GR 174986, July 7, 2009].
Branch and subdivision of the government.
Admin. Law. Under Art IX (B) of the 1987 Breach of promise to marry. Generally, a
Consti. And Sec. 2 of the Rev. Admin. Code, breach of promise to marry per se is not ac-
the corporate entity through which the func- tionable, except where the plaintiff has actu-
tions of the govt. are exercised, whether ally incurred expenses for the wedding and
pertaining to the central govt. or to the pro- the necessary incidents thereof. The award
vincial or municipal branches or other forms of moral damages is allowed in cases speci-
of local govt. fied in or analogous to those provided in Art.
2219 of the Civ. Code and under Art. 21 of
Brand name. The proprietary name given by
said Code, in relation to par. 10 of said Art.
the manufacturer to distinguish its product
2219. [Buñag v. CA, GR 101749. July 10,
from those of competitors. [Sec. 3, RA
1992].
6675].
Breach of trust. 1. Comm. Law. Any act or
Brand new motor vehicle. A vehicle con-
omission on the part of the trustee which is
structed entirely from new parts and covered
inconsistent with the terms of the trust
by a manufacturer‘s express warranty at the
agreement or the law of trusts. 2. Labor. The
time of purchase that it has never been sold
violation by the employee of the trust and
or registered with the DOTC or an appropri-
confidence reposed in him by his employer
ate agency or authority, and has never been
or duly authorized representative.
operated on any highway of the Phils., or in
any foreign state or country. [Sec. 3, RA Breakthrough Results. The achieve-ment of
10642]. corporate goals or other performance indica-
tors as determined by the GOCC or its su-
Braza. Sp. 1. About 2 yards. [US v. Ramos,
pervising department. [Sec. 3, RA 10149].
GR 10832. Dec. 11, 1916]. 2. Equal to
1.6718 meters. [People v. Panaligan, GR L- Breast. Either of the 2 soft, protruding organs
17603. Mar., 1922]. on the upper front of a woman's body that
secrete milk after pregnancy.
Breach. The breaking or violating of a law,
right, or duty, either by commission or omis- Breastfeed. To feed [a baby] mother's milk
sion. The failure of one part to carry out any from the breast; suckle.
condition of a contract.
Breastfeeding. The method of feeding an
Breach of blockade. Intl. Law. [This] occurs infant directly from the human breast. [Sec.
when a vessel, with the knowledge of the 3, RA 10028; Sec. 3, RA 7600].
existence of the blockade, enters or leaves
Breastmilk. The human milk from a mother.
the blockaded port through the blockaded or
[Sec. 3, RA 10028; Sec. 3, RA 7600].
forbidden approach. A mere attempt to vio-
late the blockade is treated as a consum- Breastmilk substitute. Any food being mar-
mated blockade. keted or otherwise represented as a partial
or total replacement for breastmilk, whether
Breach of contract. The failure without legal
or not suitable for that purpose. [Sec. 3, RA
reason to comply with the terms of a con-
10028; Sec.4, EO 51, Oct. 20, 1986].
tract. The failure, without legal excuse, to
perform any promise which forms the whole Breath analyzer. The equipment which can
or part of the contract. [Cathay Pacific Air- determine the blood alcohol concentration
ways, Ltd. v. Vasquez, GR 150843, Mar. 14, level of a person through testing of his
2003]. breath. [Sec. 3, RA 10586].

114
Brevi manu, Traditio. See Traditio brevi force upon things or other unlawful means,
manu. committed by any person on any Phil. high-
way. [Sec. 2, PD 532]. 2. The felony com-
Brief. Rem. Law. 1. The word is derived from
mitted by more than 3 armed persons who
the Latin word brevis and literally means a
form a band of robbers for the purpose of
short or condensed statement. It is the vehi-
committing robbery in the highway, or kid-
cle of counsel to convey to the court the es-
napping persons for the purpose of extortion
sential facts of his client's case, a statement
or to obtain ransom or for any other purpose
of the questions of law involved, the law he
to be attained by means of force and vio-
should have applied, and the application he
lence. [Art. 306, RPC].
desires made of it by the court. [Casilan v.
Chavez, GR L-17334. Feb. 28, 1962]. 2. A Broadcast. To make public, by any means, a
written argument by counsel arguing a case, visual image with the intent that it be viewed
which contains a summary of the facts of the by a person or persons. [Sec. 3, RA 9995].
case, pertinent laws, and an argument of
Broadcasting. The transmission by wireless
how the law applies to the fact situation. Al-
means for the public reception of sounds or
so called a Memorandum of law.
of images or of representations thereof;
Brief. Rem. Law. Purpose: To present the such transmission by satellite is also Broad-
court in coherent and concise form the point casting where the means for decrypting are
and questions in controversy, and by fair ar- provided to the public by the broadcasting
gument on the facts and law of the case, to org. or with its consent. [Sec. 202, RA
assist the court in arriving at a just and 8293].
proper conclusion. [Phil. Coconut Authority
Broadcasting organization. A natural person
v. Corona Intl., Inc., GR 139910. Sep. 29,
or a juridical entity duly authorized to en-
2000].
gage in broadcasting. [Sec. 202, RA 8293].
Brief substitution. Succ. 1. The substitution
Broker. 1. A person engaged in the business
of 2 or more persons for one heir. 2. Kind of
of buying and selling securities for the ac-
substitution where 2 or more persons are
count of others. [Sec. 3, SRC]. 2. One who
designated by the testator to substitute for
is engaged, for others, on a commission,
only one heir. [Art. 860, CC].
negotiating contracts relative to property
Brigand. Also Highway robber. 1. A person with the custody of which he has no con-
who seizes another for ransom, extortion or cern; the negotiator bet. other parties, never
other unlawful purposes or takes away the acting in his own name, but in the name of
property of another by means of violence those who employed him; he is strictly a
against or intimidation of person or force middleman and for some purposes the
upon things or other unlawful means on any agent of both parties. [Kuenzle & Streiff v.
Phil. highway. [Sec. 2, PD 532]. 2. A mem- CIR, GR L-17648, Oct. 31, 1964].
ber in a gang of robbers comprising more
Brokerage. The business of a broker who
than 3 armed persons who conspire to
charges a fee to arrange a contract bet. 2
commit robbery in the highway, kidnapping
parties.
for ransom, or for other purpose to be at-
tained by means of force and violence. [Art. Bronchogenic carcinoma. 1. Cancer of the
306, RPC]. lungs. [Jimenez v. ECC, GR L-58176. Mar.
23, 1984]. 2. The commonest primary ma-
Brigandage. Also Highway robbery. 1. The
lignant tumor of the lung and it is rapidly fa-
seizure of any person for ransom, extortion
tal if untreated. It is predominantly a disease
or other unlawful purposes or the taking
of the male sex, about 90% of all tumors oc-
away of the property of another by means of
curring in men. In this sex, it is the com-
violence against or intimidation of person or

115
monest cause of death from cancer. [Lata- Budget accountability. The 4th phase [in the
gan v. ECC. GR 55741. Sep. 11, 1992]. govt. budgeting process which] refers to the
evaluation of actual performance and initially
Browse. 1. To look for information on the In-
approved work targets, obligations incurred,
ternet. 2. To read websites casually on the
personnel hired and work accomplished are
Internet.
compared with the targets set at the time the
Browser. 1. A free software package that lets agency budgets were approved. [Guingona,
you view web pages, graphics, and most Jr. v. Carague, GR 94571. Apr. 22, 1991].
online content. 2. Computer software pro-
Budget Accountability Report (BAR). Report
gram for accessing and viewing the World
on the agencies‘ actual financial and physi-
Wide Web.
cal accomplishments or performance for a
Bruha. Tag. A vernacular word meaning witch. given period.
Brushland. Degraded or untimbered areas Budget Call. 1. A call issued by the DBM to
dominated by a discontinuous cover of the various departments and agencies en-
shrubby vegetation. joining them to submit their respective
Agency Budget Proposals for the next suc-
BSP. See Bangko Sentral ng Pilipinas. ceeding fiscal year. 2. The issuance by the
BSP Monetary Board. See Monetary Board. DBM which contains budget parameters
earlier set by the Development Budget Co-
BTr. Bureau of Treasury. ordination Committee (DBCC) as well as
Buang. Vis. 1. Foolish or stupid. [Montecillo v. policy guidelines and procedures to aid govt.
Gica, GR L-36800. Oct. 21, 1974]. 2. In- agencies in the preparation and submission
sane. [People v. Havana. GR 68033. July of their budget proposals.
31, 1991]. Budget Call. Kinds: (a) A Natl. Budget Call,
Buangon. Vis. Mentally defective. [People v. which is addressed to all agencies, incl.
Canillo, GR 106579. Aug. 30, 1994]. SUCs; and (b) a Corporate Budget Call,
which is addressed to all GOCCs and GFIs.
Bucor. See Bureau of Corrections.
Budget cycle of the Philippines. The budget
Budget. 1. A financial plan required to be pre- process [of the Phils. comprised of 4 phas-
pared pursuant to Sec. 16 (1), Art. VIII of the es, namely: (a) Budget Preparation; (b)
Consti., reflective of natl. objectives, strate- Budget Legislation; (c) Budget Execution;
gies and programs. [Sec. 2, Chap. 1, Book and (d) Accountability. Each phase is dis-
VI, EO 292]. 2. The financial plan of the tinctly separate from the others but they
govt., or ―the master plan of govt.‖ [Magtolis- overlap in the implementation of the budget
Briones, Phil. Public Fiscal Admin. 1983, p. during the budget year.
243]. 3. The delineation of the services and
products, or benefits that would accrue to Budget deficit. The shortfall of revenues from
the public together with the estimated unit disbursements excl. debt repayments and
cost of each type of service, product or ben- payments on budgetary accounts.
efit. [RA 992]. 4. The financial program of Budget document. The instruments used by
the natl. govt. for a designated fiscal year, the budget-making authority to present a
consisting of the statements of estimated comprehensive financial program to the ap-
receipts and expenditures for the fiscal year propriating body. [Sec. 14, PD 477].
for which it was intended to be effective
based on the results of operations during Budget execution. Tasked on the Executive,
the preceding fiscal years. [CA 246]. the 3rd phase of the budget process [which]
covers the various operational aspects of
budgeting. The establishment of obligation

116
authority ceilings, the evaluation of work and Budget preparation. The 1st step [in the govt.
financial plans for individual activities, the budgeting process which] is essentially
continuing review of govt. fiscal position, the tasked upon the Exec. Branch and covers
regulation of funds releases, the implemen- the estimation of govt. revenues, the deter-
tation of cash payment schedules, and other mination of budgetary priorities and activities
related activities comprise this phase of the within the constraints imposed by available
budget cycle. [Guingona, Jr. v. Carague, GR revenues and by borrowing limits, and the
94571. Apr. 22, 1991]. translation of desired priorities and activities
into expenditure levels. [It] starts with the
Budget Execution Documents (BED). 1. The
budget call issued by the DBM. Each agen-
documents the various departments and
cy is required to submit agency budget es-
agencies are required by the DBM to sub-
timates in line with the requirements con-
mit, prior to the implementation of the GAA,
sistent with the general ceilings set by the
outlining their plans and performance tar-
Development Budget Coordinating Council
gets by laying down the physical and finan-
(DBCC). [Guingona, Jr. v. Carague, GR
cial plan, the monthly cash program, the es-
94571. Apr. 22, 1991].
timate of monthly income, and the list of ob-
ligations that are not yet due and demanda- Budget preparation phase. That phase of the
ble. 2. Annual documents required at the Phil. budget cycle which is commenced
onset of the budget execution phase, which through the issuance of a Budget Call by the
contain the agencies‘ targets and plans for DBM.
the current year.
Budgetary power of the President. The
Budget execution phase. That phase of the power of the Pres. to submit to the Con-
Phil. budget cycle which is primarily the gress within 30 days from the opening of the
function of the DBM, the agency tasked to regular session, as the basis of the general
perform the following: (a) To issue the pro- appropriations bill, a budget of expenditures
grams and guidelines for the release of and sources of financing, incl. receipts from
funds; (b) to prepare an Allotment and Cash existing and proposed revenue measures.
Release Program; (c) to release allotments; [Sec. 22, Art. VII, 1987 Consti.].
and (d) to issue disbursement authorities.
Budgetary support. Proceeds of program
Budget legislation phase. That phase of the loans and grants that are attributed to ex-
Phil. budget cycle which covers the period penditure items previously authorized in the
commencing from the time Congress re- GAA.
ceives the President‘s Budget, which is in-
Budgetary support to government corpora-
clusive of the NEP and the BESF, up to the
tions. The NG assistance to GOCCs in the
President‘s approval of the GAA. This phase
form of equity, subsidy, relent loan proceeds
is also known as the Budget Authorization
or advances for the servicing of debts guar-
Phase, and involves the significant participa-
anteed by the natl. govt.
tion of the Legislative through its delibera-
tions. Budgeting process. Steps: The govt. budget-
ing process consists of 4 major phases: (a)
Budget of Expenditures and Sources of
budget preparation; (b) legislative authoriza-
Financing (BESF). A document which re-
tion; (c) budget execution; and (d) budget
flects the annual program of estimated ex-
accountability. [Guingona, Jr. v. Carague,
penditures presented by the executive
GR 94571. Apr. 22, 1991].
branch to the legislature for spending au-
thority, accompanied by an estimate of ex- Buffer. 1. Something that lessens or absorbs
pected sources of financing. the shock of an impact. 2. One that protects
by intercepting or moderating adverse pres-
sures or influences.

117
Buffer fund. A contingent fund in the budget other pertinent documents with the duly no-
of the implementing agency which shall not tarized application are found satisfactory
be used in its normal or regular operations and substantially conforming with the Natl.
but only for purposes provided for in RA Building Code of the Phils. x x x and its IRR.
7581. [Sec. 3, RA 7581]. [Rule I, Sec. 106, 2004 Rev. IRR of the Natl.
Building Code of the Phils. (PD 1096)].
Buffer zones. Identified areas outside the
boundaries of and immediately adjacent to Building permit fees. The basic permit fee
designated protected areas pursuant to Sec. and other charges imposed under the Natl.
8 of RA 7586 that need special development Building Code. Exempted from the payment
control in order to avoid or minimize harm to thereof are: (a) public buildings and (b) tradi-
the protected area. [Sec. 4, RA 7586]. tional indigenous family dwellings. [Sec.
209, PD 1096.].
Build - and - transfer. A contractual arrange-
ment whereby the project proponent under- Build - Lease - and – Transfer (BLT). A con-
takes the financing and construction of a tractual arrangement whereby a project pro-
given infrastructure or development facility ponent is authorized to finance and con-
and after its completion turns it over to the struct an infrastructure or development facili-
govt. agency or LGU concerned, which shall ty and upon its completion turns it over to
pay the proponent on an agreed schedule the govt. agency or LGU concerned on a
its total investments expended on the pro- lease arrangement for a fixed period after
ject, plus a reasonable rate of return there- which ownership of the facility is automati-
on. This arrangement may be employed in cally transferred to the govt. agency or LGU
the construction of any infrastructure or de- concerned. [Sec. 2, RA 7718].
velopment project, incl. critical facilities
Build - Operate - and – Transfer (BOT). 1. A
which, for security or strategic reasons,
contractual arrangement whereby the pro-
must be operated directly by the Govt. [Sec.
ject proponent undertakes the construction,
2, RA 7718; Sec. 2, RA 6957].
incl. financing, of a given infrastructure facili-
Builder in bad faith. A builder who builds ty, and the operation and maintenance
knowing that the land does not belong to thereof. The project proponent operates the
him and he has no right to build thereon. facility over the fixed term during which it is
allowed to charge facility users appropriate
Builder in good faith. One who is unaware of
tools, fees, rentals, and charges not exceed-
any flaw in his title to the land at the time he
ing those proposed in its bid or as negotiat-
builds on it. [Bishop v. CA, GR 86787. May
ed and incorporated in the contract to ena-
8, 1992].
ble the project proponent to recover its in-
Building. A generic term for all architectural vestment, and operating and maintenance
work with roof, built for the purpose of being expenses in the project. The project propo-
used as a man‘s dwelling, or for offices, nent transfers the facility to the govt. agency
clubs, theaters, etc. A warehouse is not a or LGU concerned at the end of the fixed
building. [Tolentino, Civ. Code of the Phils., term which shall not exceed 50 years: Pro-
Vol. II, Repr. 2001, p. 107]. vided, That in case of an infra. or devt. facili-
ty whose operation requires a public utility
Building permit. A document issued by the franchise, the proponent must be Filipino or,
Building Official x x x to an owner / applicant if a corp., must be duly registered with the
to proceed with the construction, installation,
SEC and owned up to at least 60% by Filipi-
addition, alteration, renovation, conversion, nos. [Sec. 2, RA 7718; Sec. 2, RA 6957]. 2.
repair, moving, demolition or other work ac- A contractual arrangement whereby the pro-
tivity of a specific project / building / struc-
ject proponent undertakes the construction,
ture or portions thereof after the accompa- incl. financing of a given infrastructure
nying principal plans, specifications and

118
thereof. It has several variances such as substantially all of the business; and (c)
Build Operate and Own, Build Lease and when the sale is of all or substantially all of
Transfer, Build and Transfer, Build Transfer the fixtures and equipment. [Suggested an-
and Operate, etc. swer to Bar 1947; 1958]. 2. The acquisition
of all or a greater part of stock and fixtures
Build - Operate - and - Transfer (BOT) Law.
of a business in a manner other than in the
RA 6957 entitled ―An Act authorizing the fi-
ordinary course of its business. [Torres,
nancing, construction, operation and
Oblig. & Cont., 2000 Ed., p. 348].
maintenance of infrastructure projects by the
private sector, and for the other purposes‖ Bulk Sales Law. Act 3952, as amended by RA
enacted on July 9, 1990. 111, which regulates the sale, transfer,
mortgage or assignment of goods, wares,
Build - Own - and - Operate. A contractual
merchandise, provisions or materials, in
arrangement whereby a project proponent is
bulk. [Miravite, Bar Review Materials in
authorized to finance, construct, own, oper-
Comm. Law, 12th Ed., (2002), p. 18].
ate and maintain an infrastructure or devel-
opment facility from which the proponent is Bulkhead. Structure serving to divide land and
allowed to recover its total investment, op- water areas. [Sec. 4 (g), RA 7621].
erating and maintenance costs plus a rea-
Bulkhead line. The limiting line beyond which
sonable return thereon by collecting tolls,
no bulkheads or solid fill may be extended.
fees, rentals or other charges from facility
[Sec. 3, RA 4663].
users. [Sec. 2, RA 7718].
Bully. A person who uses strength or power to
Build - transfer - and - operate. A contractual
harm or intimidate those who are weaker.
arrangement whereby the public sector con-
tracts out the building of an infrastructure fa- Bullying. Any severe or repeated use by one
cility to a private entity such that the contrac- or more students of a written, verbal or elec-
tor builds the facility on a turn-key basis, as- tronic expression, or a physical act or ges-
suming cost overrun, delay, and specified ture, or any combination thereof, directed at
performance risks. [Sec. 2, RA 7718]. another student that has the effect of actual-
ly causing or placing the latter in reasonable
Bulimia nervosa. Legal Med. A disorder char-
fear of physical or emotional harm or dam-
acterized by repeated episodes of binge eat-
age to his property; creating a hostile envi-
ing followed by purging [self-induced vomit-
ronment at school for the other student; in-
ing or taking laxatives, diuretics, or both],
fringing on the rights of the other student at
rigorous dieting or excessive exercising to
school; or materially and substantially dis-
counteract the effects of bingeing. [Olarte,
rupting the education process or the orderly
Legal Med., 1st Ed. (2004), p. 139]. Com-
operation of a school; such as, but not lim-
pare with Anorexia nervosa.
ited to, the following: (a) Any unwanted
Bulk buying. In realty law, it refers to pur- physical contact bet. the bully and the victim
chase by a person, natural or juridical, of like punching, pushing, shoving, kicking,
more than one saleable lot or unit within an slapping, tickling, headlocks, inflicting school
HLURB-approved subdivision for the pur- pranks, teasing, fighting and the use of
pose of reselling the same with or without in- available objects as weapons; (b) Any act
troducing alteration on the approved plan. that causes damage to a victim‘s psyche
[Sec. 1, HLURB AO 09, S. 1994, pursuant to and/or emotional well-being; (c) Any slan-
PD 957]. derous statement or accusation that causes
the victim undue emotional distress like di-
Bulk sale. Also Sale in bulk. 1. A sale is con-
recting foul language or profanity at the tar-
sidered to be in bulk: (a) when the sale,
get, name-calling, tormenting and comment-
transfer or disposition is other than in the
ing negatively on victim‘s looks, clothes and
ordinary course; (b) when the sale is of all or

119
body; and (d) Cyber-bullying or any bullying have been sentenced to 3 years of impris-
done through the use of technology or any onment or more.
electronic means. [Sec. 2, RA 10627].
Bureau of Corrections Act of 2013. RA
Bum. Of poor quality; bad or wrong. 10575 entitled ―An Act Strengthening the
Bu. of Corrections (BuCor) and Providing
Bum check. A worthless check or a check that
Funds Therefor‖ enacted on May 24, 2013.
is dishonored upon its presentment for pay-
ment. [People v. Laggui, GR 76262-63. Mar. Bureau of Customs (BoC). A bureau of the
16, 1989]. DOF specifically mandated to 1) assess and
collect lawful revenues; 2) prevent smug-
Bump off. To deprive a passenger of a re-
gling and other frauds; 3) control vessels
served seat bec. of overbooking.
and aircrafts engaged in foreign trade; 4)
Bumping-off. Refusal to carry or transport a enforce tariff and customs laws; 5) control
passenger. [Lufthansa German Airlines v. the handling of foreign mails for revenues
CA GR 83612. Nov. 24, 1994]. and prevention purposes; 6) control import
and export cargoes; and lastly, 6)it is given
Bumubuwis. Tag. Lessee. jurisdiction over forfeiture and seizure cas-
Burden. A heavy load; a responsibility; onus. es.
Burden of evidence. That logical necessity on Bureau of Internal Revenue (BIR). An at-
a party during a particular time of the trial to tached agency of the DOF which collects
create a prima facie case in his favor or to more than 1/2 of the total revenues of the
destroy that created against him by present- Phil. govt.
ing evidence. [People v. Mirandilla, Jr., GR Burglar. Housebreaker; robber; cracksman;
186417, July 27, 2011].
thief; picklock.
Burden of proof. 1. A rule of evidence that Burglary. The act of illegal entry with the in-
makes a person prove a certain thing or the tent to steal.
contrary will be assumed by the court. For
example, in criminal trials, the prosecution Burial. Interment of remains in a grave, tomb
has the burden of proving the accused guilt or the sea. [Sec. 89, PD 856].
bec. innocence is presumed. 2. In the law of
Burial grounds. Cemetery, memorial park of
evidence, the necessity or duty of affirma-
any place duly authorized by law for perma-
tively proving a fact or facts in dispute on an
nent disposal of the dead. [Sec. 89, PD
issue raised bet. the parties in a lawsuit. The
856].
responsibility of proving a point [the burden
of proof]. It deals with which side must es- Burn. To consume with fire; to reduce to ash-
tablish a point or points. es by the action of heat or fire.
Bureau. Any principal subdivision or unit of Burn down. To burn completely; be consumed
any department. This shall include any prin- or destroyed by fire.
cipal subdivision or unit of any instrumentali-
Burning of an inhabited house or dwelling.
ty given or assigned the rank of a bureau,
The intentional burning of an inhabited
regardless of actual name or designation, as
house or dwelling. [Sec. 3, par. 2, PD 1613].
in the case of department-wide regional of-
fices. [Sec. 2, Admin. Code of 1987]. Burning of an inhabited house or dwelling.
Elements: (a) There is intentional burning;
Bureau of Corrections (BuCor). An agency
and (b) what is intentionally burned is an in-
of the DOJ which is charged with the custo-
habited house or dwelling. [People v. So-
dy and rehabilitation of natl. offenders who
riano, GR 142565, July 29, 2003].

120
Burning one's own property as means to Business judgment rule. The rule that courts
commit arson. Crim. Law. The felony will not interfere in the decisions made by
committed by any person guilty of arson or the BOD as regards the internal affairs of
causing great destruction of the property be- the corp. [The exception is where] such con-
longing to another, even though he shall tracts are so unconscionable and oppres-
have set fire to or destroyed his own proper- sive as to amount to a wanton destruction of
ty for the purposes of committing the crime. rights of the minority. [Ingersoll v. Malabon
[Art. 325, RPC repealed by PD 1613]. Sugar Co., GR L-16977, Apr. 21, 1922].
Bus. A motor vehicle of any configuration with Business Name Law. Act 3883 entitled ―An
gross vehicle weight of 4.0 tons or more with Act to regulate the use in business transac-
any number of wheels and axles, which is tions of names other than true names, pre-
generally accepted and specially designed scribing the duties of the Director of the Bu.
for mass or public transportation. [RA 9224]. of Commerce and Industry in its enforce-
ment, providing penalties for violation there-
Business. Trade or commercial activity regu-
of, and for other purposes‖ enacted on Nov.
larly engaged in as a means of livelihood or
14, 1931.
with a view to profit. [Sec. 131, RA 7160].
Business tax. A tax imposed by the munici-
Business agent. Also Agente de negocios.
pality on business, under Art. 143 of RA
All persons who act as agent of others in the
7160 or the Local Govt. Code of 1991.
transaction of business with any public of-
ficer, as well as those who conduct collect- Butterfly. Butterfly-shaped pyrotechnic device
ing, advertising, employment, or private de- designed to lift above ground while providing
tective agencies. [Sec. 1, PD 426]. light. [Sec. 2. A. (10), RA 7183].
Business enterprise. Industrial, agricultural, Buwisan. Tag. Tract of land [esp. rice land]
or agro-industrial establishments engaged in leased under a cropsharer. [Magno-Adamos
the production manufacturing, processing, v. Bagasao, GR L-63671. June 28, 1988].
repacking, or assembly of goods, incl. ser-
Buy. To obtain in exchange for payment.
vice-oriented enterprises, duly certified as
such by appropriate govt. agencies. [Sec. 4, Buy and purchase. Any contract to buy, pur-
RA 6971]. chase, or otherwise acquire for a valuable
consideration a subdivision lot, incl. the
Business goodwill. The advantage acquired
building and other improvements, if any, in a
by any product or services bec. of general
subdivision project or a condominium unit in
encouragement and patronage of the public.
a condominium project. [Sec. 2, PD 957].
This is generated when the client-public re-
gard favorably the product or services Buy and sell. The transaction whereby one
turned out by the business concern. See al- purchases used secondhand articles for the
so Company goodwill and Goodwill. purpose of resale to 3rd persons. [IRR, Sec.
6, PD 1612].
Business income. The earnings or profits
made by companies. Buy-and-bust operation. An undercover op-
eration by narcotics detectives to catch un-
Business interests. The other sources of
suspecting drug dealers. Also Buy-bust
income or existing interest in any business
operation.
enterprise or entity, aside from his/her in-
come from govt., incl. those of his/her Buy-bust operation. 1. A form of entrapment
spouse and unmarried children below 18 liv- employed by peace officers to catch a male-
ing in his/her household. [CSC‘s Guidelines factor in flagrante delicto. 2. The employ-
on the use of the rev. SALN form]. ment of such ways and means for the pur-
pose of trapping or capturing a law breaker.

121
[People v. Yumang, GR 94977. May 17, cessed form incl. stuffed animals and her-
1993]. 3. A common and accepted mode of barium specimens. [Rules of Procedure for
apprehending those involved in illegal sale Environmental Cases, AM 09-6-8-SC, Apr.
of prohibited or regulated drugs. It has been 29, 2010].
proven to be an effective way of unveiling
Bystander. A person who is present at an
the identities of drug dealers and of luring
event or incident but does not take part.
them out of obscurity. [People v. Cabugatan,
GR 172019, 12 Feb. 2007]. Bystander rule. Labor. The rule that a certifi-
cation election is the sole concern of the
Buyer. Anyone who purchases anything for
workers and the employer is regarded as
money. [Tejada v. Homestead Property
nothing more than a bystander with no right
Corp. GR 79622. Sep. 29, 1989].
to interfere at all in the election. The only
Buyer in good faith and for value. See Pur- exception here is where the employer has to
chaser in good faith and for value. file a petition for certification election pursu-
ant to Art. 258 of the Labor Code bec. it is
By force, intimidation, threat, strategy or
requested to bargain collectively. [Phil.
stealth. They include every situation or
Fruits and Vegetable Ind., Inc. v. Torres, GR
condition under which one person can
92391. July 3, 1992].
wrongfully enter upon real property and ex-
clude another, who has had prior posses-
sion therefrom. [David v. Cordova, GR
152992, July 28, 2005].
By-bidding. An illegal practice of employing a
person to bid at an auction for the sole pur-
pose of stimulating bidding on the vendor‘s
property. The employed person is known as
a by-bidder or puffer. The term simply refers
to the bidding at an auction for the purpose
of advancing the price, by a person who
does not intend to buy. See Puffing.
By-laws or Bylaws. Corp. Law. 1. The rules of
action adopted by a corp. for its internal
govt. and for the regulation of conduct which
prescribe the rights and duties of its stock-
holders or members towards itself and
among themselves in reference to the man-
agement of its affairs. 2. Rules and regula-
tions or private laws enacted by the corp. to
regulate, govern and control its own actions,
affairs and concerns and of its stockholders
or members and directors and officers in re-
lation thereto and among themselves in their
relation to it.
By-product or Derivatives. 1. Any part taken
or substance extracted from wildlife, in raw
or in processed form. This includes stuffed
animals and herbarium specimens. [Sec. 5,
RA 9147]. 2. Any part taken or substance
extracted from wildlife, in raw or in pro-

122
Authority or Provisional Authority as provid-
-C- ed under existing laws, rules and regula-
tions, to install, operate and maintain a
C & F. See Cost and freight.
CATV System/Network and is actually
C/MSWDO. City or Municipal Social Welfare providing Cable Television (CATV) Service
and Devt. Officer. to its subscribers. [Sec. 3, RA 10515].
CA. Court of Appeals. Cable Television (CATV) System / Network.
A facility engaged in the transmission or de-
CAAP. See Civil Aviation Authority of the livery of video and audio signals and pro-
Philippines.
gramming for a fee, through fiber optics, co-
Cabaret or Dance hall. Any place or estab- axial cable and other technological means.
lishment where dance is permitted to the [Sec. 3, RA 10515].
public in consideration of any admission, en- Cabo. 1. A person or group or persons or to a
trance, or any other fee paid on, before or labor group which, in the guise of a labor
after the dancing, and where professional
org., supplies workers to an employer, with
hostesses or dancers are employed. [Sec. or without any monetary or other considera-
1, PD 426]. tion whether in the capacity of an agent of
Cable Internet Service. The transmission or the employer or as an ostensible independ-
delivery of electronic signals for a fee, to ent contractor. [Sec. 1, Rule 1, Book 5, IRR
provide and facilitate access to the world- of LC]. 2. A collector of bets from other col-
wide web, for a fee, through a CATV trans- lectors relative to the game of jueteng. 3.
mission or delivery system / network. [Sec. Labor contractor.
3, RA 10515].
Cadaster. Also spelled Cadastre. A compre-
Cable Internet Service Provider. Any person, hensive register of the real estate or real
natural or juridical, public or private, which property's metes-and-bounds of a country.
was issued a registration certificate as pro-
Cadastre. Also spelled Cadaster. A register of
vided under existing laws, rules and regula- property showing the extent, value, and
tions, to provide and facilitate access to the ownership of land for taxation.
worldwide web, for a fee, through a CATV
transmission or delivery system / network Cadastral. Showing or incl. boundaries, prop-
and is actually providing Cable Internet Ser- erty lines, etc.
vice to its subscribers. [Sec. 3, RA 10515].
Cadastral proceeding. A land registration
Cable Internet System / Network. A facility proceeding instituted by the govt. which
engaged in the transmission or delivery of does not assert ownership over the land but
electronic signals for a fee, to provide and merely provokes the issue for the settlement
facilitate access to the worldwide web, for a and adjudication of power.
fee, through a CATV transmission or deliv-
Cadastral survey. A numerical survey to
ery system/network. [Sec. 3, RA 10515].
which the entire area of the municipality is
Cable Television (CATV) Service. The subjected and which results in the prepara-
transmission or delivery of video and audio tion of complete survey returns and tech-
signals and programming for a fee, through nical descriptions of individual lots neces-
fiber optics, coaxial cable and other techno- sary for registration purposes. [Dir. of Lands
logical means. [Sec. 3, RA 10515]. v. Sec. of ENR, GR 79684. Feb. 19, 1991].
Compare with Mapping projects.
Cable Television (CATV) Service Provider.
.Any person, natural or juridical, public or Cadastral system. The system of identifying
private, which was granted a Certificate of and adjudicating disputes involving owner-
ship or possession of lands in a given area

123
or municipality for the purpose of quieting ti- crowd dispersal enforcement policy which is
tles therein and their incorp. into the Torrens characterized by a measured response by
system. the military, police and other law enforce-
ment authorities to break up an unlawful
Cadastre. A public record, survey, or map of
public assembly or rally depending on the
the value, extent, and ownership of land as
extent of provocation or disorderly behavior
a basis of taxation.
demonstrated by its participants. [KMP v.
Cadena. Sp. Chain. Ermita, GR 169838, Apr. 25, 2006].
Cadena perpetua. Sp. 1. Life imprisonment. Call. 1. The call that the BOD may make in the
[People v. Lol-lo, GR L-17958 Feb. 27, form of a board resolution that unpaid sub-
1922]. 2. It implies a sentence of life, or a scriptions to the capital stock are due and
perpetual or permanent sentence. payable and that the same or such percent-
age thereof shall be collected, together with
Cadena temporal. It implies less than a per- all accrued interests, on a specified date
manent sentence, or a temporary sentence,
and that if no payment is made within 30
Cadet. In maritime parlance, a trainee working days from said date, all stocks covered by
to gain a merchant marine license [e.g., for said subscription shall thereupon become
3rd mate]. delinquent and shall be subject to public
auction sale. A call is not necessary where
Cadet room. A plain room in a ship to ac- the subscription contract specifies the date
commodate a cadet or trainee working for a of payment. 2. The resolution or formal dec-
merchant marine license, furnished with laration of the board that the unpaid sub-
simple facilities. scriptions are due and payable.
CADT. See Certificate of ancestral domain Calling-out power. The power of the Pres.
title. under Sec. 18, Art. VII of the Consti. as the
Caduciary. Passing by forfeiture, lapse, etc. Commander-in-Chief of all armed forces of
the Phils. and whenever it becomes neces-
Caduciary rights. Conf. of Laws. 1. The right sary to call out such armed forces to prevent
of the state to claim through escheat pro- or suppress lawless violence, invasion or
ceedings the properties of decedents who rebellion. [Art. VII, Sec. 18, 1st par., 1st
are not survived by any heirs. [Paras, Phil. sent., 1987 Consti.].
Conflict of Laws, 8th Ed. (1996), p. 329]. 2.
The claims of the sovereign or other public Calvo clause. Intl. Law. A stipulation by virtue
authority of a country in which the de- of which an alien waives or restricts his right
ceased‘s property is situated to that property to appeal to his own state in connection with
on failure of all persons entitled to claim un- any claim arising from a contract with a for-
der the appropriate law. [Ibid.]. eign state and limits himself to the remedies
available under the laws of that state. [Cruz,
Calendar. A list of cases scheduled for hear- Intl. Law Reviewer, 1996 Ed., p. 110].
ing in court.
Calvo Doctrine. Intl. Law. This was evolved
Calendar year. It shall cover the period from by Dr. Carlos Calvo, a 19th century Argen-
Jan. 1 to Dec. 31. [Sec. 1, EO 206, June 30, tinean diplomat, to the effect that a legiti-
1987]. Compare with Fiscal year. mate govt. shall not be held responsible for
Calibrate. To correlate the readings of an losses suffered as a result of insurrection or
instrument with those of a standard in order civil war unless it has failed to exercise due
to check the instrument's accuracy. diligence in preventing or suppressing the
revolution, [US v. El Salvador, Arbitral Tri-
Calibrated preemptive response (CPR). A bunal, 1902 US Foreign Relations 876
catchphrase pertaining to a court-nullified (1902)]

124
Camarin. Sp. Warehouse. [Lopez v. Gloria, Candela. The base unit of luminous intensity
GR L-13846 Aug. 30, 1919]. which is the luminous intensity, in the per-
pendicular direction, of a surface of 1/600
Camino vecinal. Sp. A municipal road [and]
000 square metre of a blackbody at the
also property for public use. [Pilapil v. CA,
temperature of freezing platinum under a
GR 97619. Nov. 26, 1992].
pressure of 101 325 newtons per square
Camisa de Chino. Sp. A Chinese collarless, metre. [Sec. 4, BP 8].
long sleeve t-shirt over which Barong Taga-
Candidacy. Pol. Law. The state of being a
log is worn.
candidate.
Camison. Sp. Underwear. [People v. Gamao,
Candidate. Pol. Law. A person who actually
GR L-19347. Feb. 27, 1968].
submits himself and is voted for at our elec-
Camison de baño. Sp. A chemise. tion. [Santos v. Miranda, GR 12235 Dec. 8,
1916].
Campaign. A connected series of operations
to bring about some desired result. [Gonza- Cannabis. Commonly known as Marijuana or
les v. Comelec, GR L-27833. Apr. 18, 1969]. Indian Hemp or by its any other name. The
term embraces every kind, class, genus, or
Cancel. To annul or revoke a formal arrange- specie of the plant Cannabis sativa L. incl.,
ment that is in effect.
but not limited to, Cannabis americana,
Cancellation. It includes the act of tearing, hashish, bhang, guaza, churrus and ganjab,
erasing, obliterating, or burning. It is not lim- and embraces every kind, class and charac-
ited to writing the word ―cancelled‖, or ―paid‖, ter of marijuana, whether dried or fresh and
or drawing of criss-cross lines across the in- flowering, flowering or fruiting tops, or any
strument. It may be made by any other part or portion of the plant and seeds there-
means by which the intention to cancel the of, and all its geographic varieties, whether
instrument may be evident. as a reefer, resin, extract, tincture or in any
form whatsoever. [Sec 3, RA 9165].
Cancellation proceeding. The process lead-
ing to the revocation of the registration cer- Cannery. A factory where food is canned.
tificate of a labor org. after due process. Canning. The preservation of meat in hermeti-
[Sec. 1, Rule 1, Book 5, IRR of LC]. cally sealed containers. [Sec. 4, RA 9296].
Cancelled check. A check that has cleared Canon law. The law of the Christian Church.
the depositor's account and has been
Has little or no legal effect today. Canon law
marked as "canceled" by the bank. refers to that body of law which has been
Cancelled plan. A plan that can no longer be set by the Christian Church and which, in
reinstated by reason of delinquency in the virtually all places, is not binding upon citi-
payment of installments for more than 2 zens and has virtually no recognition in the
years or a longer period as provided in the judicial system. Also known as Ecclesiasti-
contract, counted from the expiry of the cal law.
grace period provided for in the plan or Canopy or Marquee. A permanent roofed
contract. [Sec. 4, RA 9829].
structure above a door attached to and sup-
Cancer. Derived from the Latin word Cancer ported by the building and projecting over a
which means Crab; in the medical sense, it wall or sidewalk. This includes any object or
refers to a malignant, usu. fatal, tumor or decoration attached thereto. [Sec. 1203, PD
growth. [Vda. De Laron v. WCC, GR L- 1096].
43344. Sep. 29, 1976].
Canvass. To examine votes officially for au-
thenticity.

125
Canvass proceedings. The consolidation of available within a community, society or org.
precinct election results for the Offices of the that can reduce the level of risk, or effects of
Pres. and Vice Pres. at the municipal, city, a disaster. Capacity may include infrastruc-
or district level; district election results at the ture and physical means, institutions, socie-
municipal or city level; municipal or city elec- tal coping abilities, as well as human
tion results at the provincial level; and pro- knowledge, skills and collective attributes
vincial election results at the natl. level, spe- such as social relationships, leadership and
cifically Congress, incl. the formal proclama- management. Capacity may also be de-
tion of the winners in the elections. [The scribed as capability. [Sec. 3, RA 10121].
2010 Rules of the PET, Rule 2, AM 10-4-29-
Capacity to act. The power to do acts with
SC, May 4, 2010].
legal effect. [Art. 37, CC]. Compare with Ju-
Canvass, Sealed. One wherein an offer is ridical capacity.
received by the authorized official in a
Capacity to sue. The right or ability to bring
sealed envelope or the like. [IRR on Supply
suit, determined by age and mental status in
& Prop. Mgt., per Sec. 383, LGC].
general. See Legal capacity to sue.
Capability. Power or ability.
Capataz. Sp. Supervisor of the hacienda.
Capability building. The process of enhanc-
CapEx. See Capital Expenditures.
ing the viability and sustainability of micro fi-
nance institutions through activities that in- Capias ad satisfaciendum. Lat. That you take
clude training in micro finance technologies, to satisfy. At common law, the writ through
upgrading of accounting and auditing sys- which money judgments arising from actions
tems, technical assistance for the installa- for the recovery of a debt or for damages
tion or improvement of management infor- from breach of a contract could be enforced
mation systems, monitoring of loans and against the person or body of the debtor. By
other related activities. [Sec. 3, RA 8425]. means of this writ, a debtor could be seized
and imprisoned at the instance of the credi-
Capable of pecuniary estimation. [Where the
tor until he makes the satisfaction awarded.
claim] is primarily for the recovery of a sum
[Lozano v. Martinez, GR L-63419. Dec. 18,
of money. [Raymundo v. CA, GR 97805.
1986].
Sep. 2, 1992]. Compare with Incapable of
pecuniary estimation. Capital. Corp. Law. 1. A fund or property exist-
ing at one distinct point in time while income
Capable of Use as Human Food. [The term]
denotes a flow of wealth during a definite
shall apply to any carcass or any part of a
period of time. [See Madrigal v. Rafferty, GR
carcass, of any animal unless it is denatured
L-12287 Aug. 7, 1918]. 2. In Sec. 11, Art. XII
or otherwise identified as required by regula-
of the 1987 Consti., the term refers only to
tions prescribed by the DA Sec. to deter its
shares of stock entitled to vote in the elec-
use as human food, or it is naturally inedible
tion of directors x x x and not to the total
by humans. [Sec. 4, RA 9296].
outstanding capital stock [common and non-
Capacity. 1. Under the law, the ability of a voting preferred shares]. [Gamboa v. Sec.
person to take a recognized legal action. Al- Teves, GR 176579, June 28, 2011]. 3. It is
so, it is the natural power or competency to used broadly to indicate the entire property
perform an act, as capacity to contract, etc. or assets of the corp. It includes the amount
[Torres, Oblig. & Cont., 2000 Ed., p. 348]. 2. invested by the stockholders plus the undis-
A legal qualification (e.g., age) that deter- tributed earnings less losses and expenses.
mines if one is capable, under the law, of In the strict sense, the term refers to that
entering into a legal relationship, for in- portion of the net assets paid by the stock-
stance, entering into a binding contract. 3. A holders as consideration for the shares is-
combination of all strengths and resources sued to them which is utilized for the prose-

126
cution of the business of the corp. [De Leon, capital stock of GOCCs and their subsidiar-
Corp. Code of the Phil. Annotated, 1989 ies.
Ed., p. 54]. Compare with Capital stock and
Capital gains. Increases in the value of capital
Legal capital.
or other long-term investments.
Capital asset. Property held by the taxpayer
Capital gains tax (CGT). A tax imposed on
[whether or not connected with his trade or
the gains presumed to have been realized
business], but does not include - a) stock in
by the seller from the sale, exchange, or
trade of the taxpayer or other property of a
other disposition of capital assets located in
kind which would properly be included in the
the Phils., incl. pacto de retro sales and oth-
inventory of the taxpayer if on hand at the
er forms of conditional sale.
close of the taxable year; or b) property held
by the taxpayer primarily for sale to custom- Capital inflows. Private and official inward
ers in the ordinary course of his trade or flows of money to the country in the form of
business; or c) property used in the trade or investments, grants and loans.
business of a character which is subject to
the allowance for depreciation provided in Capital investment. The capital which a per-
subsec. (F) of Sec. 34 of the NIRC; or d) re- son employs in any undertaking, or which he
contributes to the capital of a partnership,
al property used in trade or business of the
taxpayer. corp., or any other juridical entity or assoc.
in a particular taxing jurisdiction. [Sec. 131,
Capital assets. Property held by the taxpayer RA 7160].
[whether or not connected with his trade or
business], but does not include stock in Capital offense. An offense which, under the
law existing at the time of its commission,
trade of the taxpayer or other property of a
kind which would properly be included in the and at the time of the application to be ad-
inventory of the taxpayer if on hand at the mitted to bail, may be punished with death.
[Sec. 4, Rule 114, RoC].
close of the taxable year, or property held by
the taxpayer primarily for sale to customers Capital Outlays (CO). Also Capital Expendi-
in the ordinary course of his trade or busi- tures. 1. An appropriation for the purchase
ness, or property used in the trade or busi- of goods and services, the benefits of which
ness, of a character which is subject to the extend beyond the fiscal year and which add
allowance for depreciation; or real property to the assets of the Govt., incl. investments
used in trade or business of the taxpayer. in the capital of GOCCs and their subsidiar-
[Sec. 39, NIRC, as amended]. ies. [Sec. 2, Chap. 1, Book VI, EO 292]. 2.
The purchase of goods and services of a
Capital Expenditures (CapEx). 1. The ex-
penses whose usefulness lasts for more life-expectancy extending beyond the fiscal
than 1 year, and which add to the assets of year and which add to the assets of the local
the Govt., incl. investments in the capital of govt. concerned, except furniture and nor-
GOCCs and their subsidiaries. [Sec. 2(e), mal govt. operations. [Sec. 14, PD 477].
PD 1177]. 2. Funds used by a company to Capital punishment. The most severe of all
acquire or upgrade physical assets such as sentences: that of death. Also known as the
property, industrial buildings or equipment. Death penalty.
See Capital outlays.
Capital revenues. Proceeds from the sale of
Capital Expenditures or Capital Outlays. fixed or capital assets such as land, build-
Appropriations for the purchase of goods ings, machinery, stocks and intangibles, incl.
and services, the benefits of which extend receipts of unrequited transfers for capital
beyond the fiscal year and which add to the purposes from non-governmental sources.
assets of the Govt., incl. investments in the

127
Capital stock. Corp. Law. The amount fixed in Capitulation. Intl. Law. The surrender of mili-
the AOI to be subscribed and paid in or tary troops, forts or districts in accordance
agreed to be paid in by the shareholders of with the rules of military honor. [Cruz, Intl.
a corp. in money, property, services, or oth- Law Reviewer, 1996 Ed., p. 144].
er means, at the org. of the corp. or after-
Captain-of-the-ship doctrine. The doctrine
wards and upon which it is to conduct its
under which a surgeon is likened to a cap-
business, such contributions being made ei-
tain of the ship in that it is his duty to control
ther directly through stock subscription or
everything going on in the operating room.
indirectly through the declaration of stock
[Ramos v. CA, GR 124354, Apr. 11, 2002].
dividends. [De Leon, Corp. Code of the Phil.
Annotated, 1989 Ed., p. 52]. Compare with Caption. 1. The part of a pleading that sets
Capital. forth the name of the court, the title of the
action, and the docket number if assigned.
Capitalism. An economic system based on
[Sec. 1, Rule 7, RoC]. 2. Heading or intro-
the private ownership of the means of pro-
ductory party of a pleading.
duction, with the goal of making a profit.
Captive. Imprisoned or confined.
Capitalist. A person who has capital esp.
invested in business. See Financier. Captive market. Electricity end-users who do
not have the choice of a supplier of electrici-
Capitalist partner. The partner who contrib-
ty, as may be determined by the Energy
utes money or property to the partnership.
Regulatory Commission (ERC) in accord-
[Suarez, Intro. to Law, 1995, 3rd Ed., p. 120].
ance with RA 9136. [Sec. 4, RA 9136].
Compare with Industrial partner.
Captive-breeding, culture or propagation.
Capitalization. 1. Paid-up capital, in the case
The process of producing individuals under
of a corp., and total invested capital, in the
controlled conditions or with human inter-
case of a partnership or single proprietor-
ventions. [Sec. 5, RA 9147].
ship. [IRR, RA 6727; Sec. 1, Rule 7, Book 3,
IRR of LC]. 2. That which represents the to- Capture. With respect to an image, to vide-
tal amount of the various securities issued otape, photograph, film, record by any
by a corp. It may include bonds, debentures, means, or broadcast. [Sec. 3, RA 9995].
preferred and common stock and surplus.
[Luzon Polymers Corp. v. Clave, GR L- CAR. See Certificate Authorizing Registra-
tion.
51009. June 10, 1992].
Capitation. A payment mechanism where a Caram rule. Under the 1935 Consti., those
fixed rate, whether per person, family, born in the Phils. of foreign parent, who be-
fore the adoption of the Consti. had been
household or group, is negotiated with a
health care provider who shall be responsi- elected to public office in the Phils., are con-
ble in delivering or arranging for the delivery sidered Filipino citizens.
of health services required by the covered Cardiac. Of or relating to the heart.
person under the conditions of a health care
provider contract. [Sec. 1, RA 9241]. Cardiac arrest. A sudden, sometimes tempo-
rary, cessation of function of the heart.
Capitation or Poll taxes. Taxes of a fixed
amount upon all persons, or upon all the Cardiac tamponade. Mechanical compression
persons of a certain class, resident within a of the heart by large amounts of fluid or
specified territory, without regard to their blood within the pericardial space that limits
property or the occupations in which they the normal range of motion and function of
may be engaged. [Villanueva v. City of Iloilo, the heart. [People v. Tena, GR 100909. Oct.
GR L-26521. Dec. 28, 1968]. 21, 1992].

128
Care. The proper use and maintenance of The Steamship ―Islas Filipinas‖, GR L-8746
supplies or property; the act of giving atten- Oct. 30, 1914].
tion, interest and safety to supplies or prop-
Cargo handling equipment. Any machinery,
erty. [IRR on Supply & Prop. Mgt., per Sec.
gear or equipment used by the ship operator
383, LGC].
or a duly authorized and licensed port oper-
Career. An occupation undertaken for a signif- ator to service or handle cargo, on board the
icant period of a person's life and with op- vessel at the port or in the terminal or con-
portunities for progress. tainer yard such as, but not limited to
cranes, forklifts, top lifts, stackers, tractor
Career Executive Service (CES). The 3rd
heads, containers, pallet boards and the
level or the managerial class in the group of
like, incl. all spare parts, replacement parts,
career positions in the Phil. civil service. It
appurtenances accessories, articles, sup-
was created by PD 1 to "form a continuing
plies and materials thereof. [Sec. 3, RA
pool of well-selected and development-
9295].
oriented career administrators who shall
provide competent and faithful service." It is Cargo sales agent. Any person who does not
also a public personnel system program but directly operate an aircraft for the purpose of
separate from the program for the 1st 2 lev- engaging in air transportation or air com-
els of positions in the Phil. civil service. merce and not a bonafide employee of an
air carrier, who, as principal or agent, sells
Career Executive Service Board (CESB).
or offers for sale any air transportation of
The governing body of the CES. It is man-
cargo, or negotiates for, or holds himself out
dated to promulgate rules standards and
by solicitation, advertisement, or otherwise
procedures on the selection, classification,
as one who sells, provides, furnishes, con-
compensation and career development of
tracts or arranges for, such air transportation
members of the CES.
of cargo. [Sec. 1, PD 1462].
Career Executive Service Officers (CESOs).
Carinderia. 1. Any public eating place where
[Persons] appointed to ranks and only as-
foods already cooked are served at a price.
signed to CES positions. As such, they can
[Sec. 1, PD 426]. 2. A modest cafeteria.
be re-assigned or transferred from one CES
[Dentech Mfg. Corp. v. NLRC, GR 81477.
position to another and from one office to
Apr. 19, 1989].
another but not oftener than once every 2
years. CARL. See Comprehensive Agrarian Re-
form Law.
Carcass. The body of any slaughtered animal
after bleeding and dressing; [Sec. 4, RA Carnal. Relating to physical, esp. sexual,
9296]. needs and activities:
Cargo. 1. The entire lading of the ship which Carnal access. Carnal knowledge; sexual
carries it and includes all goods, wares, intercourse.
merchandise, effects, and indeed everything
Carnal knowledge. The act of a man having
of every kind or description, found on board,
sexual bodily connections with a woman;
except such things as are used or intended
sexual intercourse. [People v. Alib, GR
for use in connection with the management
100232. May 24, 1993].
or direction of the vessel, and are not in-
tended for delivery at any port of call, and Carnapping. The taking, with intent to gain, of
except also, perhaps, passengers or immi- a motor vehicle belonging to another without
grants and their baggage. [US v. Steamship the latter's consent, or by means of violence
Rubi, GR 9235. Nov. 17, 1915]. 2. All goods, against or intimidation of persons, or by us-
wares, and merchandise aboard ship which ing force upon things. [Sec. 2, RA 6539].
do not form part of the ship's stores. [US v.

129
Carnapping. Elements: (a) That there is an Cartel. Intl. Law. 1. An agreement to regulate
actual taking of the vehicle; (b) That the of- intercourse during war on such matters as
fender intends to gain from the taking of the postal and telegraphic communication, the
vehicle; (c) That the vehicle belongs to a reception of flags of truce, and the exchange
person other than the offender himself; and of prisoners. [Cruz, Intl. Law Reviewer, 1996
(d) That the taking is without the consent of Ed., p. 142]. 2. A combination of independ-
the owner thereof; or that the taking was ent business firms organized to regulate the
committed by means of violence against or production, pricing and marketing of goods
intimidation of persons, or by using force by its members.
upon things. [People v. Roxas, GR 172604,
Cartel ship. Intl. Law. A vessel sailing under a
Aug. 17, 2010].
safe conduct for the purpose of carrying
CARP. See Comprehensive Agrarian Re- prisoners of war. [Cruz, Intl. Law Reviewer,
form Program. 1996 Ed., p. 142].
CARP beneficiaries. Farmers or their kin who Cartel ships. The vessels used to carry out
had received CLOAs or EPs under RA 6657 the cartel agreements, particularly those
(CARL). [Sec. 3, RA 10618]. used for carrying prisoners of war to be ex-
changed for other prisoners of war. [Wilson,
Carriage. A means of conveyance, in particu-
Handbook of Intl. Law, p. 413].
lar.
Cartelization. Any agreement, combination or
Carriage of Goods by Sea Act (COGSA). US
concerted action by refiners, importers
Public Act 521 which was made applicable
and/or dealers, or their representatives, to
to all contracts for the carriage of goods by
fix prices, restrict outputs or divide markets,
sea to and from Phil. ports in foreign trade
either by products or by areas, or allocate
by CA 65, enacted on Oct. 22, 1936. [Sea-
markets, either by products or by areas, in
Land Service v. IAC, GR 75118. Aug. 31,
restraint of trade or free competition, incl.
1987].
any contractual stipulation which prescribes
Carriage or Transportation contract. A con- pricing levels and profit margins. [Sec. 11,
tract whereby a person, natural or juridical, RA 8479].
obligates to transport persons, goods, or
Cartographic sketch. Unlike a photograph, [it]
both, from one place to another, by land, air
is only intended to give the law enforcers a
or water, for a price or compensation. It is a
general idea of the likeness of a suspect
relationship which is imbued with public in-
and is never expected to exactly resemble
terest.
his actual facial appearance. Even the de-
Carrier. Any sort or craft or other artificial con- scription of the suspect given in the carto-
trivance used, capable of being used as graphic sketch may not be unerringly exact.
means of transportation in land, water or air. [People v. Ming, GR 145337. Oct. 2, 2003].
[Sec. 2, PD 1433].
Cartography. The art or technique of making
Carrying capacity. The capacity of natural maps or charts.
and human environments to accommodate
Case. The claims of a litigant brought before
and absorb change without experiencing
the court for determination by such regular
conditions of instability and attendant deg-
proceedings as are established by law or
radation. [Sec. 3, RA 7942].
custom for the protection or enforcement of
Carrying on business. [Pursuing] the occupa- rights, or the prevention, redress or punish-
tion or employment as a livelihood or source ment of wrongs.
of profit and it must be a series of acts ra-
Case Administration System. The system in
ther than the doing of a single act pertaining
which pleadings, letters, resolutions, deci-
to the particular business.

130
sions, entry of judgment, and all the relevant Casero. Sp. Housekeeper. [US v. Salaveria,
information regarding any particular case GR 13678. Nov. 12, 1918].
identified by a G.R. number or a UDK num-
Cases. General term for an action, cause, suit,
ber shall be encoded. [The Internal Rules of
or controversy, at law or in equity; questions
the Sup. Court, AM 10-4-20-SC, May 4,
contested before a court of justice.
2010].
Cash. Money or its equivalent; usu. ready
Case at bar. The case being tried by the trial
money. Currency and coins, negotiable
court in the exercise of its jurisdiction, i.e.,
checks, and balances in bank accounts.
the case that is currently the subject of a
That which circulates as money.
particular trial or judicial proceeding.
Cash accounting. An accounting method
Case at bench. The case being heard before
where receipts are recorded during the peri-
an appellate court.
od they are received, and the expenses in
Case law. 1. The entire collection of published the period in which they are actually paid.
legal decisions of the courts which, bec. of
Cash advances. Advances granted to officers
stare decisis, contributes a large part of the
and employees which may be classified into:
legal rules which apply in modern society.
(a) regular cash advance – those granted to
The word jurisprudence has become synon-
cashiers, disbursing officers, paymasters
ymous for case law. 2. Law established by
and/or property or supply officers for sala-
previous decisions of appellate courts, par-
ries and wages, commutable allowances,
ticularly the Sup. Court. See Stare decisis.
honoraria and other similar payments and
Case study report. A written report on the petty cash operating expenses; (b) special
social case inquiry conducted by the social cash advances – those granted on the ex-
worker of the LGU or the DSWD or by the plicit authority of the agency heads to duly
social worker designated by the court on the designated disbursing officers or employees
social, cultural, economic and legal status or for other legally authorized purposes.
condition of the child in conflict in the law. It
Cash and carry rule. The rule that no policy
shall include, among other matters, the
or contract of insurance issued by an insur-
child's development age; educational at-
ance company is valid and binding unless
tainment; family and social relationships; the
and until the premium thereof has been
quality of the child's peer group; the
paid. Any agreement to the contrary is void.
strengths and weaknesses of the family; pa-
[2003 Bar Exam.].
rental control; the child's attitude towards
the offense ; the harm or damage done to Cash budget. Aggregate of revenues, borrow-
others resulting from the offenses, if any; ings and disbursement of the natl. govt.
and the attitude of the parents towards the showing the cash deficit. It reflects the actu-
child's responsibility for the offense. The so- al deposits and withdrawals of cash by the
cial worker shall also include an initial de- natl. govt. agencies to the BTr.
termination of the child's discernment in the
Cash Disbursement Ceiling (CDC). An au-
commission of the offense. [Rule on Juve-
niles in Conflict with The Law, AM 02-1-18- thority issued by the DBM to departments
SC, Nov. 24, 2009]. with overseas operations e.g., DFA and
DOLE to utilize their income collected or re-
Case-based Payment. Health Ins. Hospital tained by their foreign service posts (FSPs)
payment method that reimburses to hospi- to cover its operating requirements but not
tals a predetermined fixed rate for each to exceed the released allotment to the said
treated case or disease; also called per post.
case payment. [Sec. 3, RA 10606]
Cash dividend. That portion of profits and
surplus paid to stockholders by a corp. in

131
the form of cash. Compare with Stock divi- against the bank itself payable to the order
dend. of a 3rd person. [Diaz, Bus. Law Rev., 1991
Ed., p. 380].
Cash equivalent items. Instruments or
investments that are highly liquid and Cashier’s check or Manager’s check. A
marketable and are considered good as check drawn by the bank‘s cashier or man-
cash as determined in accordance with the ager, as the case may be, upon the bank it-
rules and regulations prescribed by the self and deemed accepted by the act of is-
SEC. [Sec. 3, RA 9856]. suance.
Cash on delivery (COD). A transaction that Cash-surrender value. The amount of money
requires the buyer to pay for the merchan- the company agrees to pay the policyholder
dise in cash when it is delivered to him. if he surrenders it and releases his claim
[Torres, Oblig. & Cont., 2000 Ed., p. 348]. upon it. [Tiopianco, Commentaries & Jurisp.
Cash Operations Reports. A statement con-
183].
taining cash receipts, cash disbursement,
the resulting surplus or deficit, and the cor- Casing head petroleum spirit. Any liquid
responding domestic and foreign financing hydrocarbon obtained from natural gas by
to cover such surplus or deficit. separation or by any chemical or physical
process. [Sec. 3, PD 87].
Cash price. Also Delivered price. In case of
trade transaction, it is the amount of money Caso fortuito. Also Force majeure. Extraor-
which would constitute full payment upon dinary events not foreseeable or avoidable,
delivery of the property (except money) or events that could not be foreseen, or which,
service purchased at the creditor's place of though foreseen, are inevitable. It is, there-
business. In the case of financial transac- fore, not enough that the event should not
tions, cash price represents the amount re- have been foreseen or anticipated, as is
ceived by the debtor upon consummation of commonly believed, but it must be one im-
the credit transaction, net of finance charges possible to foresee or to avoid. The mere
collected at the time the credit is extended, if difficulty to foresee the happening is not im-
any. [Art. 4, RA 7394]. possibility to foresee the same [Rep. v. Lu-
zon Stevedoring Corp., GR L-21749 Sep.
Cash Release Program (CRP). 1. Overall
29, 1967].
ceiling of disbursement authorities which
may be issued to the agencies for a particu- Cassus omissus. A misspelled Latin phrase.
lar period. 2. The program prepared by the The correct phrase is 'casus omissus', which
DBM which fixes the monthly, quarterly and means 'a case left out'.
a annual disbursement levels.
Castigo. Sp. Manhandling. [People v. Padilla,
Cash sales invoice. An invoice issued in the GR 75508. June 10, 1994].
ordinary course of business transactions
Castration. Neutering a male animal by re-
such as the purchase of goods from stores.
moving the testicles. See Mutilation.
The orig. of the invoice constitutes in itself a
receipt which is in the possession of the Casual. Relaxed and unconcerned.
buyer if the goods are paid for. If not paid
for, the orig. of the invoice is retained by the Casual and fine dining restaurants. Restau-
storeowner. rants where customers are seated first be-
fore their food orders are taken by waiters.
Cashier. A person handling payments and They are served at their tables and pay only
receipts in a store, bank, or other business after they have consumed their meals. [Art.
5, IRR of RA 9994].
Cashier’s check. A check drawn by the cash-
ier of a bank, in the name of the bank

132
Casual condition. Civ. Law. 1. A condition Casus omissus pro omisso habendus est.
which depends upon chance. [Diaz, Bus. Lat. A case omitted is to be held as inten-
Law Rev., 1991 Ed., p. 11]. 2. A condition tionally omitted. Stat. Con. If a person, ob-
the fulfillment of which depends exclusively ject, or thing is omitted from being enumer-
upon chance and/or upon the will of a 3rd ated in a statute, it must be held or consid-
person. [Jurado, Comments & Jurisp. on ered to have been omitted intentionally.
Succ., 1991 8th Ed., p. 223]. [Maxim used in J. Carpio-Morales, Dissent-
ing Opinion, De Castro v. JBC, GR 191002,
Casual employee. A person who has been
GR 191032, GR 191057, AM 10-2-5-SC,
engaged to perform activities which are pe-
GR 191149, GR 191342. Mar. 17, 2010].
ripheral or incidental to the usual business
or trade of the employer, except that is such Catadromous. Migrating down rivers to the
service has lasted for at least one year, sea to spawn.
whether it is continuous or broken, he is to
Catadromous species. Freshwater fishes
be considered a regular employee with re-
which migrate to marine areas to spawn.
spect to the activity in which he is employed
[Sec. 4, RA 8550].
and his employment shall continue while
such activity exists. [Art. 280, LC]. Cataract. Opacity of the lens or capsule of the
eye, causing impairment of vision or blind-
Casual employees. Those employed for a
ness.
short term duration to perform work not re-
lated to the main line of the business of the Cataract immature. 1. An opacity of the crys-
employer. [DOLE Policy Instructions 20, S. talline eye lens or of its capsule. [Aguja v.
1977)]. GSIS, GR 84846. Aug. 5, 1991]. 2. Any cat-
aract in the beginning stages, or one which
Casual employment. An employment where
affects only a part of the lens or its covering.
an employee is engaged to work on an ac-
[Ibid.].
tivity that is not usu. necessary or desirable
in the usual business or trade of the em- Catch ceilings. The annual catch limits al-
ployer. [Poquiz, Labor Rel. Law, 1999 Ed. p. lowed to be taken, gathered or harvested
26]. See Regular employment. from any fishing area in consideration of the
need to prevent overfishing and harmful de-
Casualty. 1. An accident, esp. one involving
pletion of breeding stocks of aquatic organ-
serious injury or loss of life. 2. One injured
isms. [Sec. 4, RA 8550].
or killed in an accident.
Cattle. Domesticated quadrupeds such as
Casualty insurance. Divisions: 1. Accident or
sheep, horses and swine, or to bovine ani-
health insurance – Insurance against speci-
mals such as cows, bulls and steers. [Peo-
fied perils which may affect the person
ple v. Nazareno, GR L-40037. Apr. 30, 1976
and/or property of the insured. E.g. personal
accident, robbery or theft insurance; and 2. Cattle and dairy industry. The raising of cat-
Third party liability insurance – Insurance tle and the acquisition of breeding and dairy
against specified perils which may give rise animals, equipment, materials and machin-
to liability on the part of the insured of claims eries directly connected with the industry,
for injuries or damage to property of others. incl. the manufacture and processing of
meat and dairy products. [Sec. 2, RA 4095].
Casualty or Accident insurance. Insurance
covering loss or liability arising from acci- Cattle rustling. The taking away by any
dent or mishap, excl. certain types of loss means, method or scheme, without the con-
which by law or custom are considered as sent of the owner or raiser, of any of the
falling exclusively within the scope of other above-mentioned animals whether or not for
types of insurance such as fire or marine. profit or gain, or whether committed with or
[Sec. 174, IC]. without violence against or intimidation of

133
any person or force upon things. It includes Cause of a contract. 1. The essential reason
the killing of large cattle, or taking its meat which moves the contracting parties to enter
or hide without the consent of the owner or into it [Tong Brothers Co v. IAC, GR 73918.
raiser. [Sec. 2, PD 533]. Dec. 21, 1987]. 2. The immediate, direct and
proximate reason which justifies the creation
Causa liberalitatis. Lat. Liberal, generous, or
of an obligation thru the will of the contract-
gratuitous cause or consideration.
ing parties. [Tong Brothers Co. v. IAC, GR
Causa proxima. Lat. Proximate cause. The 73918. Dec. 21, 1987].
rule in insurance that the cause of the loss
Cause of action. Rem. Law. 1. The act or
must be proximate or immediate and not
omission by which a party violates a right of
remote. If the proximate cause of the loss is
another. [Sec. 2, Rule 2, RoC]. 2. An act or
a peril insured against, the insured can re-
omission of one party in violation of the legal
cover. When a loss has been brought about
right or rights of another. [Dev. Bank of Rizal
by 2 or more causes, the question arises as
v. Sima Wei, GR 85419. Mar. 9, 1993].
to which is the causa proxima, although the
Compare with Right of action.
result could not have happened without the
remote cause. But if the loss is brought Cause of action. Rem. Law. Elements: (a) A
about by any cause attributable to the mis- right in favor of the plaintiff by whatever
conduct of the insured, the insurer is not lia- means and under whatever law it arises or
ble. is created; (b) an obligation on the part of
the named defendant to respect or not to vi-
Causal. 1. Of, relating to, or acting as a cause.
olate such right; and (c) an act or omission
2. Expressing or indicating a cause
on the part of such defendant violative of the
Causal fraud. Also Dolo causante. 1. Those right of the plaintiff or constituting a breach
deceptions or misrepresentations of a seri- of the obligation of the defendant to the
ous character employed by one party and plaintiff [Baliwag Transit v. Ople, GR 57642.
without which the other party would not have Mar. 16, 1989].
entered into the contract. [Art. 1338, CC]. 2.
Causing any undue injury to any party, incl.
A deception employed by one party prior to
the Government, or giving any private
or simultaneous to the contract in order to
party any unwarranted benefits, ad-
secure the consent of the other. [Samson v.
vantage or preference in the discharge of
CA, GR 108245. Nov. 25, 1994].
[a public officer’s] official, administrative
Causation. Lat. Causa: Reason. 1. The act or or judicial functions through manifest
agency that produces an effect, result, or partiality, evident bad faith or gross in-
consequence. 2. Another element in medical excusable negligence. Essential elements:
negligence cases which is divided into 2 in- (a) The accused must be a public officer
quiries: whether the doctor's actions in fact discharging administrative, judicial or official
caused the harm to the patient and whether functions; (b) He must have acted with
these were the proximate cause of the pa- manifest partiality, evident bad faith or inex-
tient's injury. [Garcia-Rueda v. Pascasio, cusable negligence; and (c) That his action
GR 118141, Sep. 5, 1997]. caused any undue injury to any party, incl.
the govt., or giving any private party unwar-
Cause. 1. Civ. Law. The essential or more ranted benefits, advantage or preference in
approximate reason for entering into a con- the discharge of his functions. [Sec. 3(e),
tract. [Diaz, Bus. Law Rev., 1991 Ed., p. 74].
RA 3019; Cabrera v. Sandiganbayan, GR
2. Verb. To be the cause or occasion of; to 162314, Oct. 25, 2004].
effect as an agent; to bring about; to bring
into existence; to make to induce; to compel. Causing any undue injury to any party, incl.
[Pecho v. Sandiganbayan, GR 111399. Nov. the Government, or giving any private
14, 1994]. party any unwarranted benefits, ad-

134
vantage or preference in the discharge of ably examine property before purchase and
[a public officer’s] official, administrative take responsibility for its condition. This is
or judicial functions through manifest esp. applicable to items that are not covered
partiality, evident bad faith or gross in- under a strict warranty.
excusable negligence. Modes of commit-
Caveat venditor. Lat. Let the seller beware. A
ting: a) By causing any undue injury to any
maxim, or rule, casting the responsibility for
party, incl. the govt.; or b) by giving any pri-
defects or deficiencies upon the seller of
vate party any unwarranted benefit, ad-
goods, and expressing the exact opposite of
vantage or preference. [Talaga, Jr. v. San-
the common law rule of Caveat emptor.
diganbayan, GR 169888, Nov. 11, 2008].
Cavil. A carping or trivial objection. See Be-
Cave. Any naturally occurring void, cavity,
yond cavil.
recess or system of interconnected passag-
es beneath the surface of the earth or within CBA. Labor. 1. A negotiated contract bet. a
a cliff or ledge and which is large enough to legitimate labor org. and the employer, con-
permit an individual to enter, whether or not cerning wages, hours of work and all other
the entrance, located either in private or terms and conditions of employment in a
public land, is naturally formed or man bargaining unit. As in all other contracts, the
made. It shall include any natural pit, sink- parties to a CBA may establish such stipula-
hole or other feature which is an extension tions, clauses, terms and conditions as they
of the entrance. The term also includes cave may deem convenient, provided these are
resources therein, but not any vug, mine not contrary to law, morals, good customs,
tunnel, aqueduct or other manmade excava- public order or public policy. [Honda Phils.,
tion. [Sec. 3, RA 9072]. Inc. v. Samahan ng Malayang Manggagawa
sa Honda, GR 145561, 15 June 2005]. 2. A
Cave resources. Any material or substance
contract executed upon request of either the
occurring naturally in caves, such as animal
employer or the exclusive bargaining repre-
life, plant life, incl. paleontological and ar-
sentative incorporating the agreement
chaeological deposits, cultural artifacts or
reached after negotiations with respect to
products of human activities, sediments,
wages, hours of work and all other terms
minerals, speleogems and speleothems.
and conditions of employment, incl. pro-
[Sec. 3, RA 9072].
posals for adjusting any grievances or ques-
Caveat. Let him beware. 1. A formal warning. tions arising under such agreement. [Rivera
2. A warning; a note of caution. v. Espiritu, GR 135547. Jan. 23, 2002]. See
also Collective Bargaining Agreement.
Caveat emptor. Lat. Let the buyer beware. 1.
The rule [that] requires the purchaser to be CBA. Labor. Primary purpose: The stabiliza-
aware of the supposed title of the vendor tion of labor-management relations in order
and he who buys without checking the ven- to create a climate of a sound and stable in-
dor's title takes all the risks and losses con- dustrial peace. [Rivera v. Espiritu, GR
sequent to such failure. [Dacasin v. CA, GR 135547. Jan. 23, 2002].
L-32723. Oct. 28, 1977]. 2. Let the buyer
CBA registration. Labor. The filing of the
beware or that the buyers should examine
collective bargaining agreement with the
and check for themselves things which they
Regional Office or the Bu. of Labor Rela-
intend to purchase and that they cannot lat-
tions accompanied by verified proof of post-
er hold the vendor responsible for the bro-
ing and ratification and payment of fee.
ken condition of the thing bought.
[Sec. 1, Rule 1, Book 5, IRR of LC]. 2.
Caveat emptor doctrine. Also called Let the
CBD. See Committee on Bar Discipline.
buyer beware doctrine. A doctrine that of-
ten places on buyers the burden to reason-

135
CBDRRM. See Community-Based Disaster move or suppress what is considered moral-
Risk Reduction and Management. ly, politically, or otherwise objectionable.
CBO. Community-based org. Censorship. 1. That officious functionary of
the repressive govt. who tells the citizen that
CBU. See Collective bargaining unit.
he may speak only if allowed to do so, and
CD. Compact Disc. no more and no less than what he is permit-
ted to say on pain of punishment should he
CDA. See Cooperative Development Au- be so rash as to disobey. [Sep. Op. of CJ
thority. Davide Jr. in Kapisanan ng mga Brod-
CDC. See Cash Disbursement Ceiling. kasters sa Pilipinas, GR 102983. Mar. 5,
1992]. 2. The practice of officially examining
CDO. See Cease and desist order. books, movies, etc., and suppressing unac-
Cease and desist. Also called C & D. An or- ceptable parts.
der or request to halt an activity [cease] and Censure. An official reprimand or condemna-
not to take it up again later [desist]. tion of an attorney.
Cease and desist order (CDO). An order of Center of excellence. A public or private col-
an administrative agency or court prohibiting lege, institute, school or agency, engaged in
a person or business from continuing a par- the pre-service and continuing education,
ticular course of conduct. formal and non-formal, of teachers and top-
Ceasefire. Intl. Law. An unconditional stop- notch educators, that has established and
page of hostilities by order of an intl. body continues to maintain a good record in
like the UN Security Council for the purpose teacher education, research, and community
of employing peaceful means of settling the service; whose graduates are models of in-
conflict. [Cruz, Intl. Law Reviewer, 1996 Ed., tegrity, commitment and dedication in edu-
p. 144]. cation. [Sec. 2, RA 7784].
Celebrity. A famous person. See Public fig- Center of gravity doctrine. Conf. of Laws.
ure. Choice of law problems are resolved by the
application of the law of the jurisdiction
Cellulose Nitrate or Nitro Cellulose. A highly which has the most significant relationship
combustible and explosive compound pro- to or contact with event and parties to litiga-
duced by the reaction of nitric acid with a tion and the issue therein. [Agpalo, Conflict
cellulose material. [Sec. 3, RA 9514]. of Laws, p. 6]. Term is used synonymously
Cellulose Nitrate Plastic (Pyroxylin). Any with the Most significant relationship the-
plastic substance, materials or compound ory. Also known as Grouping of contacts.
having cellulose nitrate [nitro cellulose] as Centers. Any of the treatment and rehabilita-
base. [Sec. 3, RA 9514]. tion centers for drug dependents referred to
Cement manufacturing. The manufacture of in Sec.34, Art. VIII of RA 9165. [Sec 3, RA
cement obtained by firing limestone natural- 9165].
ly containing, or mixed artificially with, a Central Bank Act, The New. RA 7653 enact-
suitable proportion of clay, and by subse- ed on June 14, 1993.
quent crushing of the clinker so obtained
(Portland Cement). [Sec. 2, RA 4095]. Central Bank of the Philippines. See Bang-
ko Sentral ng Pilipinas.
CEMONC. See Comprehensive Emergency
Obstetric and Newborn Care. Central counting center. A public place des-
ignated by the Comelec where counting of
Censor. A person authorized to examine ballots and canvassing shall be conducted.
books, films, or other material and to re- [Sec. 2, RA 8046].

136
CEO. See Chief Executive Officer. the highest number of votes and certifies to
their proclamation as winners. [The 2010
Cerebral. 1. Of the cerebrum of the brain. 2.
Rules of the PET, Rule 2, AM 10-4-29-SC,
Intellectual rather than emotional or physi-
May 4, 2010].
cal.
Certificate of canvass of votes. A machine-
Cerebral concussion. Brain jarring resulting
generated document containing the total
from head injury.
votes in figures obtained by each candidate
Cerebrovascular. Relating to the brain and its in a city, municipality, district, or province, as
blood vessels. the case may be. [Sec. 2, RA 8436].
Cerebro-vascular accident (CVA). The Certificate of canvass, (City, municipal,
breaking of a blood vessel within or about district, or provincial). A document in elec-
the brain. It is also known as cerebral or in- tronic and in printed form containing the total
tracranial hemorrhage for which the science votes in figures obtained by each candidate
of medicine gives several causes, among for the Offices of the Pres. and Vice Pres. in
which are hypertensive vascular diseases a city, municipality, district, or province, the
and arterial aneurysms which are gradual electronic form of which is the official can-
processes that worsen over the years if left vass result and is the result electronically
unchecked. [Trinidad v. WCC, GR L-42507. transmitted to Congress. [The 2010 Rules of
Feb. 28, 1978]. the PET, Rule 2, AM 10-4-29-SC, May 4,
2010].
Certain. Definitely settled so as not to be vari-
able or fluctuating. Fixed. Certificate of competency. A certificate is-
sued to masters, officers and GMDSS radio
Certificate Authorizing Registration (CAR).
operators in accordance with the provisions
A certification issued by the BIR Commis- of Chaps. II, III, IV or VII of the Annex to the
sioner or his duly authorized representative STCW Convention entitling the lawful holder
attesting that the transfer and conveyance of
to serve and perform the functions involved
land, buildings/improvements or shares of at the level of responsibility specified there-
stock arising from sale, barter or exchange in. [Sec. 2, RA 10635].
have been reported and the taxes due inclu-
sive of the documentary stamp tax, have Certificate of deposit. 1. An instrument in the
been fully paid. form of a receipt given by a banker for a cer-
tain sum of money. It is a written acknowl-
Certificate of ancestral domain title (CADT). edgment by a bank of the receipt of money
A title formally recognizing the rights of pos- or deposit which the bank promises to pay
session and ownership of Indigenous Cul-
to the depositor, bearer, or order, or to some
tural Communities or Indigenous Peoples other person or order. [Martin, Commen-
(ICCs or IPs) over their ancestral domains taries and Jurisp. on Comml. Laws, Vol. 1,
identified and delineated in accordance with 1988 Rev. Ed., p. 68]. 2. A promissory note
[RA 8371]. [Sec. 4, RA 8371]. issued by a bank in which the bank promis-
Certificate of ancestral lands title. A title es to repay money it has received, plus in-
formally recognizing the rights of Indigenous terest, at a time certain.
Cultural Communities or Indigenous Peo- Certificate of endorsement. An attestation of
ples (ICCs or IPs) over their ancestral lands. the maritime administration as to the au-
[Sec. 4, RA 8371]. thenticity and validity of the certificates, in-
Certificate of canvass and proclamation. corporated in the format of the certificates
The official printed document that contains issued to masters and officers, stating that
the names of the candidates for the Offices the issuance of the relevant certificate is in
of the Pres. and Vice Pres. who obtained

137
compliance with the requirements of the 1933]. 2. The license on authority issued by
STCW Convention. [Sec. 2, RA 10635]. the MARINA to a domestic ship operator to
engage in domestic shipping. [Sec. 3, RA
Certificate of Land Ownership Award
9295]. 3. An authorization issued for the op-
(CLOA). 1. The certificate evidencing the
eration of public services for which no fran-
land ownership of the beneficiary of CARP.
chise, either municipal or legislative, is re-
It shall contain the restrictions provided for
quired by law. [PAL v. CAB, GR 119528.
in RA 6657 and shall be recorded in the
Mar. 26, 1997]. 3. An authorization granted
Register of Deeds concerned and annotated
by the LTFRB for the operation of land
on the certificate of title. [Sec. 24, RA 6657].
transportation services for public use as re-
2. A document evidencing ownership of the
quired by law. [Kilusang Mayo Uno v. Sec.
land granted or awarded to the beneficiary
Garcia, Jr., GR 115381 Dec. 23, 1994].
by DAR, and contains the restrictions and
conditions provided for in RA 6657 and oth- Certificate of public convenience (CPC).
er applicable laws. [Lebrudo v. Loyola, GR Instances where not necessary: 1. Ware-
181370. Mar. 9, 2011]. houses; 2. Animal-drawn vehicles or banca
powered by oar or by sail; tug boats and
Certificate of Land Transfer. 1. The certifi-
lighters; 3. Airships except as to fixing rates;
cate issued by the DAR for every land
4. Radio companies, except as to fixing of
brought under Operation Land Transfer. The
rates; 5. Ice plants; 6. Public market; 7. Pub-
orig. shall be kept by the beneficiary and the
lic utilities operated by the natl. govt. or polit-
duplicate in the Registry of Deeds. After the
ical subdivision except as to rates.
ARB‘s shall have fully complied with the re-
quirements for a grant of title under PD 27, Certificate of public convenience (CPC).
an EP shall be issued by DAR. [Sec. 105, Requirements for the grant: 1. Applicant
PD 1529]. 2. The certificate [evidencing] the must be a citizen of the Phils. If the appli-
govt.'s recognition of the grantee as the par- cant is a corp., 60% of its capital must be
ty qualified to avail of the statutory mecha- owned by Filipinos; 2. Applicant must prove
nisms for the acquisition of ownership of the public necessity; 3. Applicant must prove the
land tilled by him as provided under PD 27. operation of proposed public service will
It does not vest in the farmer or grantee promote public interest in a proper and suit-
ownership of the land described therein. able manner; and 4. Applicant must have
[Pagtalunan v. Tamayo, GR 54281. Mar. 19, sufficient financial capability to undertake
1990]. proposed services and meet responsibilities
incidental to its operation. [Kilusang Mayo
Certificate of proficiency. A certificate other
Uno v. Garcia GR 108584, Dec. 22, 1994]
than a certificate of competency issued to a
seafarer, stating that the relevant require- Certificate of public convenience and ne-
ments of training competencies or seagoing cessity (CPCN). 1. The grant of operating
service under the STCW Convention have authority that common carriers receive. A
been met. [Sec. 2, RA 10635]. carrier must prove that a public need exists
and that the carrier is fit, willing, and able to
Certificate of public convenience (CPC). 1.
provide the needed service. The certificate
An authorization issued for the operation of
may specify the commodities the carrier
public services for which no franchise, either
may haul, and the routes it may use. 2. A
municipal or legislative, is required by law,
certificate issued to a public service for
such as a common carrier. Under the Public
which a franchise is required by law. [PAL v.
Service Law, a certificate of public conven-
CAB, GR 119528. Mar. 26, 1997].
ience can be sold by the holder thereof bec.
it has considerable material value and is Certificate of sale. A certificate setting forth
considered a valuable asset. [Raymundo v. the proceedings had at the sale, a descrip-
Luneta Motor Co., GR 39902, Nov. 29, tion of the property sold, the name of the

138
purchaser, the sale price, as well as the expending action or claim, a complete state-
act amount of the taxes and penalties due ment of the present status thereof; and (c) if
and the costs of sale received by the pur- he should thereafter learn that the same or
chaser at public auction of delinquent prop- similar action or claim has been filed or is
erty from the provincial or city treasurer, or pending, he shall report that fact within 5
his deputy. [Sec. 76, PD 464]. days therefrom to the court wherein his
aforesaid complaint or initiatory pleading
Certificate of stock. 1. A written acknowl-
has been filed. [Sec. 5, Rule 7, RoC].
edgment by the corp. of the interest, right,
and participation of a person in the man- Certification election. Labor. The process of
agement, profits, and assets of a corp. It is a determining, through secret ballot, the sole
documentary evidence of the holder‘s own- and exclusive bargaining agent of the em-
ership of shares and is a convenient instru- ployees in an appropriate bargaining unit,
ment for the transfer of title. [De Leon, Corp. for purposes of collective bargaining. [Sec.
Code of the Phil. Annotated, 1989 Ed., pp. 1, Rule 1, Book 5, IRR of LC]. Compare with
56-57]. 2. A paper representation or tangible Consent election.
evidence of the stock itself and of various in-
Certification of check. A written agreement
terests therein. [Tan v. SEC, GR 95696,
by which a bank promises to pay the check
Mar. 3, 1992].
at any time it is presented for payment. It
Certificate of title, original or transfer (OCT may be made on the check itself or on an-
or TCT). 1. The transcript of the decree of other instrument, identifying the bill certified.
registration made by the registrar of deeds
Certification order. Labor. An order issued by
in the registry. [PNB v. Tan Ong Zse, GR
the Sec. of Labor and Employment certifying
27991. Dec. 24, 1927]. 2. Document issued
a labor dispute to the NLRC for compulsory
by the [Register of Deeds] for real estate
arbitration instead of directly assuming juris-
registered under the Torrens System, which
diction over the same.
is considered conclusive evidence of the
present ownership and state of the title to Certification proceeding. Labor. A mere
the property described therein. investigation of a non-adversary, fact-finding
character, in which the investigating agency
Certification. 1. Written attestation. 2. Author-
plays the part of a disinterested investigator
ized declaration verifying that an instrument
seeking merely to ascertain the desires of
is a true and correct copy of the orig. . 3.
the employees as to the matter of their rep-
The procedure by which official certification
resentation. [Manila Golf & Country Club,
bodies or officially recognized certification
Inc. v. IAC, GR 64948. Sep. 27, 1994].
bodies provide written or equivalent assur-
ance that foods or food control systems con- Certified check. 1. A check which bears upon
form to requirements. [Sec. 3, RA 10068]. its face an agreement by the drawee bank
that the check will be paid on presentation.
Certification against forum shopping. Civ.
2. A check which bears upon its face an
Proc. The certification under oath by the
agreement by the drawee bank that the
plaintiff or principal party in the complaint or
check will be paid on presentation. The usu-
other initiatory pleading asserting a claim for
al practice is by stamping or writing the word
relief, or in a sworn certification annexed
―certified‖ upon the check. [Diaz, Bus. Law
thereto and simultaneously filed therewith:
Rev., 1991 Ed., p. 381].
(a) that he has not theretofore commenced
any action or filed any claim involving the Certified list of overseas voters (CLOV).
same issues in any court, tribunal or quasi- The list of registered overseas voters whose
judicial agency and, to the best of his applications to vote overseas have been
knowledge, no such other action or claim is approved by the Comelec, said list to be
pending therein; (b) if there is such other prepared by the Office for Overseas Voting

139
of the Comelec, on a country-by-country and pellate court grants a writ of certiorari, it
post-by-post basis. The list shall be ap- agrees to take the appeal.
proved by the Comelec in an en
Certiorari. Rem. Law. Exceptions to the rule
banc resolution.
that certiorari is unavailing where the appeal
Certified public accountant (CPA). A person, period has lapsed: (a) when public welfare
be it his/her individual capacity, or as a staff and the advancement of public policy dic-
member in an accounting or auditing firm, tates; (b) when the broader interest of jus-
holding out himself/herself as one skilled in tice so requires; (c) when the writs issued
the knowledge, science and practice of ac- are null and void; or (d) when the ques-
counting, and as a qualified person to ren- tioned order amounts to an oppressive ex-
der professional services as a certified pub- ercise of judicial authority. [Uy Chua v. CA,
lic accountant; or offering or rendering, or GR 121438. Oct. 23, 2000].
both or more than one client on a fee basis
Certiorari, Petition for. Rem. Law. A verified
or otherwise, services as such as the audit
petition filed in the proper court by the per-
or verification of financial transaction and
son aggrieved by the action of any tribunal,
accounting records; or the preparation, sign-
board, or officer exercising judicial functions,
ing, or certification for clients of reports of
without or in excess of its or his jurisdiction,
audit, balance sheet, and other financial,
or with grave abuse of discretion, and there
accounting and related schedules, exhibits,
is no appeal, nor any plain, speedy, and ad-
statement of reports which are to be used
equate remedy in the ordinary course of law,
for publication or for credit purposes, or to
such petition alleging the facts with certainty
be filed with a court or govt. agency, or to be
and praying that judgment be rendered an-
used for any other purposes; or to design,
nulling or modifying the proceedings, as the
installation, and revision of accounting sys-
law requires, of such tribunal, board or of-
tem; or the preparation of income tax returns
ficer. [Sec. 1, Rule 65, RoC].
when related to accounting procedures; or
when he/she represents clients before govt. Certiorari, Petition for. Rem. Law. Elements:
agencies on tax and other matters relating (a) That it is directed against a tribunal,
to accounting or render professional assis- board or officer exercising judicial functions;
tance in matters relating to accounting pro- (b) that such tribunal, board or officer has
cedures and the recording and presentation acted without or in excess of jurisdiction or
of financial facts or data. [Sec. 4, RA 9298]. with grave abuse of discretion; and (c) that
there is no appeal nor any plain, speedy and
Certified seeds. Seeds that passed the seed
adequate remedy in the ordinary course of
certification standards of the Bu. of Plant In-
law. [Sec. 1, Rule 65, RoC].
dustry and which are the progeny of founda-
tion, registered or certified seeds that are so Certiorari, Writ of. Rem. Law. A writ the func-
handled as to maintain satisfactory genetic tion of which is to keep an inferior Court
identity and varietal purity. [Sec. 4, RA within the bounds of its jurisdiction or to pre-
7607]. vent it from committing such a grave abuse
of discretion amounting to excess of jurisdic-
Certiorari. Rem. Law. 1. A writ from a superior
tion [Central Bank v. CA, GR 41859. 8 Mar.
court to an inferior court or tribunal com-
1989].
manding the latter to send up the record of a
particular case. [Pimentel v. COMELEC, GR Certum est quod certum reddi potest. Lat. It
L-53581-83. Dec. 19, 1980]. 2. A writ of re- is certain, whatever can be rendered certain.
view issued by a higher court to a lower Often used in law when something is not
court. A means of getting an appellate court known, but can be ascertained [e.g. the pur-
to review a lower court's decision. If an ap- chase price on a sale which is to be deter-

140
mined by a 3rd-party valuer]. [Aviles v. of making similar investments. [Art. 4, RA
Arcega, GR 18341, Sep. 18, 1922]. 7394].
CES. See Career Executive Service. Chain of custody. The duly recorded author-
ized movements and custody of seized
CESB. See Career Executive Service Board.
drugs or controlled chemicals or plant
CESO. See Career Executive Service Offic- sources of dangerous drugs or laboratory
ers. equipment of each stage, from the time of
seizure or confiscation to receipt in the fo-
Cessante ratione legis, cessat et ipsa lex. rensic laboratory to safekeeping to presen-
Lat. Where the reason of the law ceases,
tation in court for destruction. Such record of
the law itself ceases. [Lonaria v. De Guz- movements and custody of seized item shall
man, GR L-20940. Sep. 29, 1967]. include the identity and signature of the per-
Cession. From Lat. Cessio from cessare: to son who held temporary custody of the
yield. 1. Civ. Law. The abandonment of all seized item, the date and time when such
property of the debtor for the benefit of his transfer of custody were made in the course
creditors in order that the latter may apply of safekeeping and use in court as evi-
the proceeds thereof to the satisfaction of dence, and the final disposition.‖ [Sec. 1(b)
their credit. [Torres, Oblig. & Cont., 2000 of DDB Reg. 1, S. of 2002].
Ed., p. 120]. 2. Intl. Law. The transfer of ter- Chain of custody rule. 1. [A] method of au-
ritory from one state to another by treaty. thenticating evidence [which] requires that
Cession. Requisites: (a) There must be at the admission of an exhibit be preceded by
least one debtor and 2 or more creditors; (b) evidence sufficient to support a finding that
the debtor is in a state of insolvency, either the matter in question is what the proponent
partially or totally, at the time of the cession claims it to be. [Mallillin v. People, GR
or assignment; (c) the debtor is required to 172953, 30 Apr. 2008]. 2. It would include
deliver all his property to all his creditors; testimony about every link in the chain, from
and that (d) the creditors may sell the prop- the moment the item was picked up to the
erty and apply the proceeds to their credits time it is offered into evidence, in such a
proportionately. [Torres, Oblig. & Cont., way that every person who touched the ex-
2000 Ed., p. 120]. hibit would describe how and from whom it
was received, where it was and what hap-
Cestui que trust. Lat. For the beneficiary of a pened to it while in the witness‘ possession,
trust. A person who has the equitable and the condition in which it was received and
beneficial interest in property the legal inter- the condition in which it was delivered to the
est in which is vested in a trustee. next link in the chain. These witnesses
Cestui que use. Lat. For the donee of a trust. would then describe the precautions taken
A person for whose use land or other prop- to ensure that there had been no change in
erty is legally held by another. the condition of the item and no opportunity
for someone not in the chain to have pos-
CFI. See Court of First Instance. session of the same. [Mallillin v. People, GR
CGT. See Capital gains tax. 172953, 30 Apr. 2008].
Chain distribution plans or Pyramid sales Chain saw. Any portable power saw or similar
schemes. Sales devices whereby a person, cutting implement, rendered operative by an
upon condition that he makes an invest- electric or internal combustion engine or
ment, is granted by the manufacturer of his similar means, that may be used for, but is
representative a right to recruit for profit one not limited to, the felling of trees or the cut-
or more additional persons who will also be ting of timber. [Sec. 3, RA 9175].
granted such right to recruit upon condition

141
Chain saw dealer. A person, natural or juridi- Change of name. A judicial proceeding in
cal, engaged in the manufacture, importa- rem, requiring publication, and may be or-
tion, distribution, purchase and/or sale of dered by the court if proper and reasonable
chain saws. [Sec. 3, RA 9175]. cause exists to justify it. [Bench Book for
Trial Court Judges, p. 3-3].
Challenge. To invite someone to engage in a
contest. Change of name. Grounds: (a) When the
name is ridiculous, dishonorable or extreme-
Challenging to a duel. Crim. Law. The felony
ly difficult to write or pronounce; (b) When
committed by any person who shall chal-
the change results as a legal consequence,
lenge another, or incite another to give or
as in legitimation; (c) When the change will
accept a challenge to a duel, or shall scoff at
avoid confusion; (d) Having continuously
or decry another publicly for having refused
used and been known since childhood by a
to accept a challenge to fight a duel. [Art.
Filipino name, unaware of her alien parent-
261, RPC].
age; (e) A sincere desire to adopt a Filipino
Chambers. A judge's private office. A hearing name to erase signs of former alienage, all
in chambers takes place in the judge's office in good faith and without prejudicing any-
outside of the presence of the public. body; and (f) When the surname causes
embarrassment and there is no showing that
Champertous agreement or contract. the desired change of name was for a
Agreement whereby an attorney agrees to fraudulent purpose or that the change of
pay expenses of proceedings to enforce the name would prejudice public interest. [Rep.
client's rights. [Bautista v. Gonzales, AM v. CA, GR 97906. May 21, 1992].
1625. Feb. 12, 1990].
Change of venue. Moving a lawsuit or crimi-
Champertous connivance. A secret illegal nal trial to another place for trial.
bargain whereby one party is to assist the
other in a lawsuit and share in the proceeds. Channel. A length of water wider than a strait,
joining 2 larger areas of water, esp. 2 seas.
Champerty. 1. A bargain by a stranger with a See Natural bed.
party to a suit, by which such 3rd person
undertakes to carry on the litigation at his Character. The possession by a person of
own cost and risk in consideration of receiv- certain qualities of mind and morals, distin-
ing, if successful, a part of the proceeds or guishing him from others; it is the opinion
subject sought to be recovered. 2. The act generally entertained of a person derived
of a person in agreeing to finance someone from the common report of the people who
else's lawsuit in exchange for a portion of are acquainted with him. [People v. Lee, GR
the judicial award. 139070, May 5, 2002].
Chancery. Intl. Law. A term used to designate Characterization. Conf. of Laws. The process
the actual office of a head of a diplomatic of deciding whether or not the facts relate to
mission, namely, his first, second, and third the kind of question specified in a conflicts
secretaries, plus the attendant clerks. It is rule. The purpose of characterization is to
also used to designate the premises in enable the court of the forum to select the
which they exercise their functions. proper law. [Agpalo, Conflict of Laws, p. 18].
Also Doctrine of qualification.
Change. To replace something with something
else of the same kind or with something that Charge. 1. Pecuniary liability, as rents or fees
serves as a substitute. [Co v. Civil Register against persons or property. [Sec. 131, LGC
of Manila, GR 138496, 23 Feb. 2004]. Com- of 1991]. 2. The price of, or rate for, some-
pare with Correct. thing. Compare with Fee.

142
Charge d'affaires. Fr. Charged with [in charge the particular action with written notice
of] matters. A diplomat - usu. a diplomatic thereof to his client and to the adverse party.
Secretary, Counselor or Minister - who It presupposes that the attorney has se-
heads a diplomatic mission [e.g., an Em- cured a favorable money judgment for his
bassy] in the absence of its titular [e.g., an client and grants the attorney "the same
Ambassador]. A chargé d'affaires repre- right and power over such judgments and
sents his or her nation in the country they executions as his client would have to en-
are accredited to, and enjoy the same privi- force his lien and, secure the payment of his
leges and immunities of a regular Ambassa- just fees and disbursements.‖ [Ampil v. Juli-
dor. In most cases, a chargé would only ano-Agrava, GR L-27394. July 31, 1970].
serve as a chargé d'affaires ad interim, Compare with Attorney’s retaining lien.
heading the diplomatic mission on a tempo-
Charivari. A mock serenade of discordant
rary basis in the absence of the ambassa-
noises made with kettles, tin horn, etc., de-
dor.
signed to deride or annoy. [Gregorio, Fund.
Charge - of - company - domination rule. of Crim. Law Rev., 1997 9th Ed., p. 428].
Labor. Under settled jurisprudence, the
Charter. 1. A special law by which a govt.
pendency of a formal charge of company
corp. is normally created. [I Campos and
domination is a prejudicial question that, un-
Lopez-Campos, The Corp. Code, Central
til decided, bars proceedings for a certifica-
Lawbook Publishing, Co., Inc., p. 2 (1990)].
tion election, the reason being that the votes
2. An instrument or authority from the sov-
of the members of the dominated union
ereign power bestowing the right or privilege
would not be free. [United CMC Textile
to be and act as a corp. [De Leon, Corp.
Workers Union v. BLR, GR L-51337. Mar.
Code of the Phil. Annotated, 1989 Ed., p.
22, 1984].
130].
Charges. 1. Pecuniary liability, as rents or fees
Charter party. 1. A contract in which the own-
against persons or property. [Sec. 131, RA
er of a vessel lets for consideration the
7160]. 2. Those which are incurred, not on
whole or principal part thereof for the con-
the thing itself, but bec. of it. They include
veyance of goods and/or passengers on a
every prestation required of the possessor
particular voyage to one or more places or
by reason of the possession of the thing,
until the expiration of a specified time and
whether it constitutes a real right or not. All
surrenders unto the lessee or charterer the
taxes or contributions in favor of the govt.,
control, by vesting upon the latter the right to
whether on the capital or on the fruits, and
appoint the captain, officers and members of
interests on mortgages, etc., are examples
the crew, of the vessel leased or chartered
of such charges. [Tolentino, Civ. Code of the
during the duration of the contract. [Sec. 1,
Phils., Vol. II, Repr. 2001, p. 291].
RA 913]. 2. A contract by which an entire
Charging or Special lien. An attorney's spe- ship, or some principal part thereof, is let by
cific lien for compensation on the fund or the owner to another person for a specified
judgment which he has recovered by means time or use. [Planters Products v. CA, GR
of his professional services for his client in a 101503. Sep. 15, 1993].
particular case and is provided in the 2nd
Charter party. Classes 1. Bareboat or demise
part of Rule 138, Sec. 37 [of the Rules of
– the ship owner gives possession of the en-
Court]. It covers only the services rendered
tire vessel to the charterer. In turn, the char-
by an attorney in the action in which the
terer supplies, equips, and mans the vessel.
judgment was obtained and takes effect un-
The charterer is the owner pro hac vice; and
der the cited rule after the attorney shall
2. Contract of affreightment – the owner of
have caused a statement of his claim of
the vessel leases a part or all of its space to
such lien to be entered upon the records of
haul goods for others. It can either be: (a)

143
Time charter – Vessel is chartered for a par- connection. [Olarte, Legal Med., 1st Ed.
ticular time or duration. While the ship owner (2004), p. 121]. Compare with Virginity.
still retains possession and control of the
Chattel. 1. Moveable items of property which
vessel, the charterer has the right to use all
are neither land nor permanently attached to
vessel‘s facilities. The charterer may like-
land or a building, either directly or vicari-
wise designate vessel‘s destination. (b)
ously through attachment to real property. 2.
Voyage charter – Vessel is chartered for a
An article of personal property.
particular voyage or series of voyages.
Chattel mortgage. 1. A conditional sale of
Charter party contract. A contract whereby
personal property as security for the pay-
the whole or part of the ship is let by the
ment of a debt, or the performance of some
owner to a merchant or other person for a
other obligation specified therein, the condi-
specified time or use for the conveyance of
tion being that the sale shall be void upon
goods, in consideration of the payment of
the seller paying to the purchaser a sum of
freight. [Caltex v. Sulpicio Lines, GR
money or doing some other act named. If
131166, Sep. 30, 1999].
the condition is performed acc. to its terms
Charter statement. A statement of the the mortgage and sale immediately become
GOCC‘s vision, mission and core values. void, and the mortgagee is thereby divested
[Sec. 3, RA 10149]. of his title. [Sec. 3, Act 1508]. 2. A mortgage
where personal property is recorded in the
Charter vessel. A contract by which the owner
Chattel Mortgage Register as a security for
or agent of the vessel leases for a certain
the performance of an obligation. [Art. 2140,
price the whole or a portion of the vessel for
CC]. Compare with Real estate mortgage.
the transport of goods or persons from one
port to another. Chattel mortgage. Essential requisites: (a)
Constituted to secure fulfillment of the prin-
Chartered GOCC. A GOCC, incl. Govt. Finan-
cipal obligation; (b) Mortgagor is the abso-
cial Institutions, created and vested with
lute owner of the property; (c) Mortgagor
functions by a special law. [Sec. 3, RA
has free disposal of the property, in the ab-
10149].
sence thereof, that he be legally authorized
Chartered institution. Any agency organized for such purpose; and 4. It involves a per-
or operating under a special charter, and sonal property. [Sec. 2085, CC].
vested by law with functions relating to spe-
Chattel mortgage. Formal requisites: (a) Affi-
cific constitutional policies or objectives.
davit of good faith; (b) Registration with the
This term includes the state universities and
Chattel Mortgage Registry; and (c) If neces-
colleges and the monetary authority of the
sary, additional registration with the proper
State. [Sec. 2, Admin Code of 1987].
govt. agency.
Chaste. Legal Med. 1. An unmarried woman
Chattel Mortgage Law. Act 1508 entitled ―An
who has had no carnal knowledge with men
Act Providing for the Mortgaging of Personal
or who never voluntarily had unlawful sexual
Property and for the Registration of the
intercourse. It also denotes purity of mind
Mortgages So Executed‖ enacted on July 2,
and innocence of heart. [Olarte, Legal Med.,
1906.
1st Ed. (2004), p. 121]. 2. A person who has
never voluntarily had sexual intercourse Cheat. To act dishonestly or unfairly in order to
outside of marriage such as unmarried vir- gain an advantage, esp. in a game or exam-
gins. Compare with Virgin. ination.
Chastity. Legal Med. That virtue which pre- Cheating. Any act or omission before, during
vents the unlawful intercourse of the sexes. or after any civil service examination that will
There is abstinence from unlawful sexual directly or indirectly undermine the sanctity

144
and integrity of the examination such as, but affixed by him in the presence of the payee
not limited to, the following: (a) Impersona- before it is paid, otherwise, it is incomplete;
tion; (b) Use of "codigo" or crib sheets; (c) (c) Certified check which bears upon its face
Employing a "poste" or a person inside or an agreement by the drawee bank that the
outside of the examination room who may or check will be paid on presentation; and (d)
may not be a registered examinee but who Memorandum check or one wherein the
provides examinees with answers or "codi- word ―Memo‖ is written across its face, signi-
go" or "crib sheets" or such other assistance fying that drawer will pay holder absolutely
purportedly to enhance examinee‘s better without need of presentment.
chances of passing; (d) Tampering with the
Check Floats or Outstanding Checks.
examination records such as the Answer
Checks issued by agencies which were not
Data Files, the Application Forms or the Pic-
yet encashed by the payee.
ture-Seat Plan to facilitate the passing of an
examinee who have failed; (e) Collusion of Check-off. Labor. A process or device where-
whatever nature bet. examinees and exami- by the employer, on agreement with the un-
nation personnel; (f) Examinee number ion recognized as the proper bargaining rep-
switching; (g) Possession and or use of fake resentative, or on prior authorization from its
certificate of eligibility; (h) Such other acts of employees, deducts union dues or agency
similar nature which facilitate the passing of fees from the latter's wages and remits them
an examination incl. those committed by re- directly to the union. [Holy Cross of Davao v.
view centers or entities offering refresher Joaquin, GR 110007. Oct. 18, 1996].
courses or tutorials. [Sec. 3, RA 9416].
Check-off (of special assessments). Labor.
Cheats. [It) shall include all persons or review Requisites to be valid: (a) An authorization
centers or entities offering refresher courses by a written resolution of the majority of all
or tutorials who directly or indirectly commit the union members at the general member-
the act of cheating. [Sec. 3, RA 9416]. ship meeting duly called for the purpose; (b)
secretary's record of the minutes of the
Check. Also called Cheque. 1. A bill of ex-
meeting; and (c) individual written authoriza-
change drawn on a bank payable on de-
tion for check-off duly signed by the em-
mand. [Sec. 185, NIL]. 2. A written order or
ployee concerned. [Art. 241(n) and (o), LC,
request to a bank or persons carrying on the
as amended; ABS-CBN Supervisors Em-
business of banking, by a party having
ployees Union Members v. ABS-CBN
money in their hands, desiring them to pay,
Broadcasting Corp., GR 106518. Mar. 11,
on presentment, to a person therein named
1999].
or bearer, or to such person or order, a
named sum of money. [People v. Nitafan, Checks and balances. Rules intended to
GR 75954. Oct. 22, 1992]. 3. A draft drawn prevent one person or group from having
upon a bank and payable on demand, too much power within an org.
signed by the maker or drawer, containing
Checks and balances doctrine. A political
an unconditional promise to pay a sum cer-
tain in money to the order of the payee. doctrine that complements the separation of
powers doctrine underlying our system of
Check. Kinds: (a) Cashier‘s or manager‘s govt. by which the 3 branches of govt.
check drawn by the bank‘s cashier or man- ―check‖ one another against abusing or mis-
ager, as the case may be, upon the bank it- using their respective powers under the
self and deemed accepted by the act of is- Consti. Thus, the Pres. can veto legislation.
suance; (b) Traveller‘s check upon which Congress must approve executive appoint-
the holder‘s signature must appear twice, ments. The courts, whose members are ap-
one to be affixed by him at the time it is is- pointed by the Pres., can nullify grave abuse
sued and the 2nd counter-signature, to be of executive power and invalidate laws for

145
violating the limits of their respective Consti- Chia. Chi. Grateful. [Jew Chong v. Rep., GR L-
tutional powers and prerogatives. 14343. May 23, 1961].
CHED. See Commission on Higher Edu- Chicago Convention. The intl. basis for civil
catiion. aviation agreements. [Sec. 3, RA 9497].
Chemical diversion. The sale, distribution, Chicot doctrine. The doctrine that advocates
supply or transport of legitimately imported, the imperative necessity to take account of
in-transit, manufactured or procured con- the actual existence of a statute prior to its
trolled precursors and essential chemicals, nullification, as an operative fact negating
in diluted, mixtures or in concentrated form, acceptance of a principle of absolute retro-
to any person or entity engaged in the man- active invalidity.‖ [Co v. CA, GR 100776.
ufacture of any dangerous drug, and shall Oct. 28, 1993]. See Operative fact doc-
include packaging, repackaging, labeling, trine.
re-labeling or concealment of such transac-
Chief Executive Officer (CEO). The highest
tion through fraud, destruction of docu-
ranking corporate executive, who could be
ments, fraudulent use of permits, misdecla-
the Pres. or the General Manager, Chair-
ration, use of front companies or mail fraud.
man or the Administrator of a GOCC. [Sec.
[Sec 3, RA 9165].
3, RA 10149].
Chemical engineer. A person duly registered
Chief of mission. The head of an embassy or
and a holder of a valid Certificate of Regis-
other diplomatic missions of the Phils., or
tration and Professional Identification Card
any person appointed by the Pres. to such
issued by the Board of Chemical Engineer-
position, whether serving in the home office
ing and the PRC. [Sec. 3, RA 9267].
or foreign service. [Sec. 5, RA 7157].
Chemical engineering, Practice of. The ren-
Child. 1. A person below 18 years of age or
dering of chemical engineering service by a
one who is over 18 but is unable to fully take
person who shall, for a fee, salary or other
care of or protect himself/herself from
reward or compensation, paid to him or
abuse, neglect, cruelty, exploitation, or dis-
through another person, or even without
crimination bec. of a physical or mental dis-
such reward or compensation, render or of-
ability or condition. [Sec. 3, RA 10364; Sec.
fer to render professional chemical engi-
3, RA 10165; Sec. 3, RA 9208]. 3. A person
neering service in the form of consultation,
below 18 years of age or a person over 18
investigation, valuation, planning, designing
years of age but is unable to fully take care
or preparation of specifications for or esti-
of him/herself or protect himself/herself from
mates of industrial plants; or undertake the
abuse, neglect, cruelty, exploitation, or dis-
supervision of construction, erection, instal-
crimination bec. of physical or mental disa-
lation, alteration or operation of industrial
bility or condition. [Sec. 2, RA 9523]. 4. For
plants. [Sec. 12, RA 318].
the purpose of RA 9775, a child shall also
Chemical name. The description of the chem- refer to: (a) a person regardless of age who
ical structure of the drug or medicine and is presented, depicted or portrayed as a
serves as the complete identification of a child as defined therein; and (b) computer-
compound. [Sec. 3, RA 6675]. generated, digitally or manually crafted im-
ages or graphics of a person who is repre-
Chemical tests. Breath, saliva, urine or blood
sented or who is made to appear to be a
tests to determine the blood alcohol concen-
child as defined therein. [Sec. 3, RA 9775].
tration level and/or positive indication of
5. A person below 15 years of age unless
dangerous drugs and similar substances in
sooner emancipated by law. [Sec. 3, RA
a person‘s body. [Sec. 3, RA 10586].
8043].

146
Child abuse. The maltreatment, whether ha- was voluntarily committed by his/her par-
bitual or not, of the child. [Sec. 3, RA 7610]. ent(s) or legal guardian. [Sec. 2, RA 9523].
Child and Youth Welfare Code, The. PD 603 Child pornography. The unlawful or prohibit-
entitled ―The Child and youth Welfare Code‖ ed acts defined and punishable by RA 9775
signed into law on Dec. 10, 1974. or the Anti-Child Pornography Act of 2009,
committed through a computer system.
Child at risk. A child who is vulnerable to and
[Sec. 4, RA 10175]. 2. Any representation,
at the risk of committing criminal offenses
whether visual, audio, or written combina-
bec. of personal, family and social circum-
tion thereof, by electronic, mechanical, digi-
stances, such as, but not limited to, the fol-
tal, optical, magnetic or any other means, of
lowing: (a) Being abused by any person
child engaged or involved in real or simulat-
through sexual, physical, psychological,
ed explicit sexual activities. [Sec. 3, RA
mental, economic or any other means and
9775].
the parents or guardian refuse, are unwill-
ing, or unable to provide protection for the Child prostitute. A male or female, under 18
child; (b) being exploited incl. sexually or years of age, who for money, profit, or any
economically; (c) being abandoned or ne- other consideration or due to the coercion or
glected, and after diligent search and in- influence of any adult, syndicate or group,
quiry, the parent or guardian cannot be indulges in sexual intercourse or lascivious
found; (d) coming from a dysfunctional or conduct. [Sec. 5, RA 7610, Child Abuse
broken family or without a parent or guardi- Act].
an; (e) being out of school; (f) being a
Child prostitution and other sexual abuse.
streetchild; (g) being a member of a gang;
The exploitation of children, whether male or
(h) living in a community with a high level of
female, in prostitution and other sexual
criminality or drug abuse; and (i) living in sit-
abuse, who for money, profit, or any other
uations of armed conflict. [Sec. 4, RA 9344].
consideration or due to the coercion or influ-
Child Case Study Report. A written report ence of any adult, syndicate or group, in-
prepared by a social worker containing all dulge in sexual intercourse or lascivious
the necessary information about a child. conduct. [Sec. 5, RA 7610].
[Sec. 3, RA 10165].
Child trafficking. The prohibited act of engag-
Child in conflict with the law. A child who is ing in trading and dealing with children, incl.
alleged as, accused of, or adjudged as, hav- the act of buying and selling of a child for
ing committed an offense under Phil. laws. money, of for any other consideration, or
[Sec. 4, RA 9344]. barter. It is classified as a grave felony pun-
ishable by reclusion perpetua. If the victim is
Child legally available for adoption. 1. A
under 12 years of age, the maximum penal-
child who has been voluntarily or involuntari-
ty is to be imposed. [Sec. 7, Art. IV, RA
ly committed to the DSWD or to a duly li-
7610].
censed and accredited child-placing or child-
caring agency, freed of the parental authori- Child with Special Needs. A child with devel-
ty of his/her biological parent(s) or guardian opmental or physical disability. [Sec. 3, RA
or adopter(s) in case of rescission of adop- 10165].
tion. [Sec. 3, RA 8552]. 2. A child in whose
Child witness. Any person who at the time of
favor a certification was issued by the
giving testimony is below 18 years. In child
DSWD that he/she is legally available for
abuse cases, a child includes one over 18
adoption after the fact of abandonment or
years but is found by the court as unable to
neglect has been proven through the sub-
fully take care of himself or protect himself
mission of pertinent documents, or one who
from abuse, neglect, cruelty, exploitation, or
discrimination bec. of a physical or mental

147
disability or condition. [Sec. 4 (a), AM 00-4- home or under the care and custody of any
07-SC]. person or persons for purposes of adoption,
guardianship or foster care. The relatives of
Child-caring agency. A duly licensed and
such child or children within the 6th degree
accredited agency by the DSWD that pro-
of consanguinity or affinity are excluded
vides 24-hour residential care services for
from this definition. [Art. 117, PD 603].
abandoned, orphaned, neglected, or volun-
tarily committed children. [Sec. 3, RA 8552]. Child-placing agency or institution. A pri-
vate non-profit institution or govt. agency du-
Child-caring agency or institution. A private
ly accredited by the DWSD that receives
non-profit or govt. agency duly accredited by
and processes applicants to become foster
the DSWD that provides 24 hour residential
or adoptive parents and facilitate placement
care services for abandoned, neglected, or
of children eligible for foster care or adop-
voluntarily committed children. [Sec. 2, RA
tion. [Sec. 2, RA 9523].
9523].
Children. 1. Those below 18 years of age or
Child-caring institution. 1. An institution that
older but are incapable of taking care of
provides 24 resident group care service for
themselves as defined under RA 7610. As
the physical, mental, social and spiritual
used in RA 9262, it includes the biological
well-being of 9 or more mentally gifted, de-
children of the victim and other children un-
pendent, abandoned, neglected, handi-
der her care. [Sec. 3, RA 9262]. 2. All per-
capped or disturbed children, or youthful of-
sons below 18 years old. [Sec. 3, RA 8370].
fenders. 2. An institution, whose primary
3. Persons below 18 years of age or those
purpose is education, is deemed to be a
over but are unable to fully take care of
child-caring institution when 9 or more of its
themselves or protect themselves from
pupils or wards in the ordinary course of
abuse, neglect, cruelty, exploitation or dis-
events do not return annually to the homes
crimination bec. of a physical or mental dis-
of their parents or guardians for at least 2
ability or condition. [Sec. 3, RA 7610; Sec.
months of summer vacation. [Art. 117, PD
4, RA 9710].
603].
Children of a solo parent. Those living with
Child-friendly programs. Programs not spe-
and dependent upon the solo parent for
cifically designed for viewing by children but
support who are unmarried, unemployed
which serve to further the positive develop-
and not more than 18 years of age, or even
ment of children and contain no elements
over 18 years but are incapable of self-
that may result in physical, mental and emo-
support bec. of mental and/or physical de-
tional harm to them. These include various
fect or disability. [Sec. 3, RA 8972].
formats and genre that appeal to children
and are made available for all ages from Children's television. Programs and other
early childhood to adolescence. [Sec. 3, RA materials broadcast on television that are
8370; Sec. 3, RA 7941]. specifically designed for viewing by children.
[Sec. 3, RA 8370].
Child-placing agency. 1. A duly licensed and
accredited agency by the DSWD to provide Children's Television Act of 1997. RA 8370
comprehensive child welfare services incl., enacted on Oct. 28, 1997.
but not limited to, receiving applications for
Child-viewing hours. Hours which are con-
adoption, evaluating the prospective adop-
sidered to be appropriate for children to
tive parents, and preparing the adoption
watch television taking into account other
home study. [Sec. 3, RA 8552]. 2. An institu-
activities which are necessary or desirable
tion or person assuming the care, custody,
for their balanced development. [Sec. 3, RA
protection and maintenance of children for
8370; Sec. 3, RA 7941].
placement in any child-caring institution or

148
Chimera. 1. Greek Myth. A fire-breathing she- from a thing in action. Taxes and customs, if
monster usu. represented as a composite of unpaid, are a chose in action. [Paras, Phil.
a lion, goat, and serpent. 2. A fanciful men- Conflict of Laws, 8th Ed. (1996), p. 329].
tal illusion or fabrication. 3. [A situation
CHR. See Commission on Human Rights.
where a] petitioner describe[s] her petition
as "an appeal under Rule 45 and at the Christian name. A given name.
same time as a special civil action of certio-
rari under Rule 65 of the Rules of Court," Chronic. Long-term or long-standing. A long
[Ligon v. CA, GR 127683, Aug. 7, 1998]. and gradual development of the ailment.
[Sarmiento v. ECC, GR L-68648. Sep. 24,
Ching suan. Chin. Mapili [in Tagalog]. [Arce 1986].
Sons and Co. v. Selecta Biscuit Co., Inc.,
GR L-14761. Jan. 28, 1961]. Chronic hemoptysis. Pulmonary tuberculosis
accompanied by blood vomiting.
Chirographs. Credits appearing in a public
instrument or final judgment. [PNB v. Chronic pyelonephritis. A slowly progressive
infection of a renal pelvis and prenchyma,
Veraguth, GR 26833. Apr. 1, 1927].
frequently bilateral. Factors such as stones,
Chloride. A compound of chlorine with another strictures and tumors cause obstruction to
element or radical. [People v. Angeles, GR the flow of urine and predispose to infection.
92850. June 15, 1992]. [Chavez v. ECC, GR L-61931. Mar. 31,
1987].
Choice. An act of selecting or making a deci-
sion when faced with 2 or more possibilities. Chronological. Arranged in the order in which
events happened; acc. to date.
Choice of jurisdiction. In conflict of laws, the
principles and rules applied by courts in or- Chronology. The arrangement of events or
der to determine the proper jurisdiction for dates in the order of their occurrence.
instituting legal proceedings.
Church. All places suited to regular religious
Choice of law. In conflict of laws, the princi- worship. A place where persons regularly
ples and rules applied by courts in order to assemble for worship. [Martelino v. Estrella,
determine the law applicable to one or more GR L-15927. Apr. 29, 1963].
of the legal issues to be decided.
Cia. Abbrev. for Compania, as in ―Filipinas Cia.
Chose. Fr. From Lat. causa: thing, case, rea- De Seguros.‖
son. 1. An item of personal property; a chat-
Cigarette. Any roll or tubular construction,
tel. 2. A thing, an article of personal proper-
ty. A chattel personal, and is either in action which contains tobacco or its derivatives
or in possession. [Paras, Phil. Conflict of and is intended to be burned or heated un-
der ordinary conditions of use. [Sec. 4, RA
Laws, 8th Ed. (1996), p. 329].
9211].
Chose in action. 1. The instrument evidencing
the right to sue for money or property, e.g., Cigars. All rolls of tobacco or any substitutes
a promissory note. A legal claim or cause of thereof, wrapped in leaf tobacco. [Sec. 137-
action that can translate into a lawsuit. 2. A A, PD 69].
right of property in intangible things or which Cipher. A method of secret writing that substi-
are not in one's possession, enforceable tutes other letters or characters for the letter
through legal or court action. Examples may intended or transposes the letter after ar-
include salaries, debts, insurance claims, ranging them in blocks or squares. [Sec. 42,
shares in companies and pensions. RA 5921].
Chose in possession. A personal thing of Circumbalacion. Sp. The act of surrounding a
which one has possession, as distinguished place. It is a term that a derived from the

149
word "circuir," which means to surround, to Citation. A writ or order issued by a court
encompass, to encircle. The phrase "1001 commanding the person named therein to
brazas de circumbalacion" can mean no appear at the time and place named; also
other than that the perimeter or circumfer- the written reference to legal authorities,
ence of the property has a total length of precedents, reported cases, etc., in briefs or
1001 brazas. [Querubin v. Alconcel, GR L- other legal documents.
23050. Sep. 18, 1975].
Citizen. One who, by birth, naturalization or
Circumstances. Minor facts of related or ac- otherwise, is a member of an independent
cessory facts, occurrences or things which political society, called a state, kingdom, or
stand around or closely precede or follow, or empire, and as such is subject to its laws
which surround or accompany, or which de- and entitled to its protection in all his rights
pend upon or support or qualify a principal incident to that relation. [Suarez, Pol. Law
act or event. Reviewer, 1st Ed., 2002, p. 251].
Circumstantial. Pointing indirectly toward Citizen of the Philippines. One of the follow-
someone's guilt but not proving it. ing: (a) An individual who is a citizen of the
Phils.; (b) A partnership of which each
Circumstantial evidence. 1. The evidence of
member is a citizen of the Phils.; or (c) A
collateral facts or circumstances from which
corp. or assoc. created or organized and au-
an inference may be drawn as to the proba-
thorized under the laws of the Phils. [Sec. 3,
bility or improbability of the facts in dispute.
RA 9497].
[People v. Liwag, GR 89112. Aug. 3, 1993].
2. Such evidence upon which to warrant Citizen's arrest. A warrantless arrest author-
conviction in criminal cases must be more ized under Sec. 5, Rule 113, of the Rev.
than one, derived from facts duly proven, Rules on Crim. Proc. [People v. Rayray, GR
and the combination of all of them must be 90628. Feb. 1, 1995].
such as to produce conviction beyond rea-
Citizens by election. Citizens who by virtue of
sonable doubt [People v. Tiozon, GR 89823
certain legal provisions, become such by
June 19, 1991]. Compare with Direct evi-
choosing [electing] Phil. citizenship at the
dence.
age of 21 or within a reasonable time there-
Circumstantial evidence sufficient to con- after. [Paras, Phil. Conflict of Laws, 8th Ed.
vict. Requirements: (a) There are more than (1996), p. 105].
one circumstance, (b) the facts from which
Citizens of the Philippines. The following are
the inferences are derived are proven, and
citizens of the Phils.: (a) Those who are citi-
(c) the combination of all the circumstances
zens of the Phils. at the time of the adoption
is such as to produce a conviction beyond
of this Consti.; (b) those whose fathers or
reasonable doubt. [People v. Salangga, GR
mothers are citizens of the Phils.; (c) those
100910. July 25, 1994].
born before Jan. 17, 1973, of Filipino moth-
Cirrhosis of the liver. Any diffuse fibrosis that ers, who elect Phil. citizenship upon reach-
destroys the normal architecture of the liver. ing the age of majority; and (d) those who
The most common type is Laennec's or al- are naturalized in accordance with law. [Art.
coholic cirrhosis which is the consequence IV, 1987 Phil. Consti.].
of a specific type of malnutrition usu. related
Citizenship. 1. Membership in a political soci-
to chronic alcoholism and/or faulty dietary
ety and implies a duty of allegiance on the
habits. [Garol v. ECC, GR L-55233. Nov. 29,
part of the member and a duty of protection
1988].
on the part of the society. These are recip-
CISFA. See Comprehensive and Integrated rocal obligations, one being a compensation
Shelter Financing Act of 1994. for the other." [Laurel v. Misa, GR L-409.
Jan. 30, 1947]. 2. It applies only to certain

150
members of the state accorded more privi- Civil aspect. A reference to the pecuniary
leges than the rest of the people who owe it liabilities, i.e., damages, of the defendant in
allegiance. Its significance is municipal and a criminal case which are deemed sub-
not intl. [Cruz, Intl. Law Reviewer, 1996 Ed., sumed therein. See Civil liability.
p. 102]. Compare with Citizenship.
Civil aviation. The operation of any civil air-
Civic welfare training service (CWTS). Pro- craft for the purpose of general aviation op-
grams or activities contributory to the generations, aerial work or commercial air
eral welfare and the betterment of life for the transport operations. [Sec. 3, RA 9497].
members of the community or the en-
Civil Aviation Authority Act of 2008. RA
hancement of its facilities, esp. those devot-
9497 entitled ―An Act Creating The Civil Avi-
ed to improving health, education, environ-
ation Authority of the Phils., Authorizing the
ment, entrepreneurship, safety, recreation
Appropriation of Funds Therefor, and for
and morals of the citizenry. [Sec. 3, RA
Other Purposes‖ enacted on Mar. 4, 2008.
9163].
Civil Aviation Authority of the Philippines
Civil. Relating to private rights and remedies
(CAAP). Formerly the Air Transportation
sought by civil actions as contrasted with
Office (ATO). An agency under the DOTC,
criminal proceedings.
it is the natl. aviation authority of the Phils.
Civil action. 1. An action brought to enforce or responsible for implementing policies on civil
protect private rights. 2. An action by which aviation to assure safe, economic and effi-
a party sues another for the enforcement or cient air travel pursuant to RA 9497.
protection of a right, or the prevention or re-
Civil Code. A collection of laws which regu-
dress of a wrong. A civil action may either
lates the private relations of the members
be ordinary or special. Both are governed by
civil society, determining their respective
the rules for ordinary civil actions, subject to
rights and obligations, with reference to per-
the specific rules prescribed for a special
sons, things and civil acts. [Jurado, Civ. Law
civil action. [Sec. 3(a), Rule 1, RoC].
Reviewer, 19th Ed. (1999), p. 1].
Civil Aeronautics Act of the Philippines,
Civil Code of the Philippines. RA 386 enti-
The. RA 776 entitled ―An Act to reorganize
tled ―An Act to ordain and institute the Civ.
the Civil Aeronautics Board and the Civil
Code of the Phils.‖ enacted on June 18,
Aeronautics Administration, to provide for
1949 and took effect on Aug. 30, 1950.
the regulation of civil aeronautics in the
Phils. and authorizing the appropriation of Civil conspiracy. The combination of 2 or
funds therefor‖ enacted on June 20, 1952. more persons for purposes of accomplishing
by concerted action either lawful purpose by
Civil Aeronautics Board (CAB). The agency
unlawful means or unlawful purpose by law-
which has the power to regulate the eco-
ful means. [Rep. v. Sandiganbayan, GR
nomic aspect of air transportation, and has
92594. Mar. 4, 1994].
the general supervision and regulation of,
and jurisdiction and control over, air carriers Civil contempt. The failure to do something
as well as their property, property rights, ordered to be done by a court in a civil ac-
equipment, facilities, and franchise. [Sec. tion for the benefit of the opposing party
10, RA 776, as amended]. therein and is, therefore, an offense against
the party in whose behalf the violated order
Civil aircraft. 1. Any aircraft other than a State
is made. [People v. Godoy, GR 115908-09.
or public aircraft. [Sec. 3, RA 9497]. 2. Any
Mar. 29, 1995]. Compare with Criminal
aircraft other than a public aircraft. [Sec. 3,
contempt.
RA 776].
Civil corporation. A corp. established for
business or profit, i.e., with a view toward

151
realizing gains to be distributed among its which judges must follow. 2. Law based on
members. [De Leon, Corp. Code of the Phil. a series of written codes or laws.
Annotated, 1989 Ed., p. 39]. Compare with
Civil liability. The term generally refers to the
Eleemosynary corporation.
monetization of the claims arising out of a
Civil death. Total deprivation of civil rights, criminal act which consists of restitution,
often resulting from conviction for treason or reparation, and indemnification for conse-
a felony. Phil. Laws do not recognize civil quential damages.
death.
Civil Liability Convention, 1992. The 1992
Civil embargo. A govt.'s embargo on the Intl. Convention on Civil Liability for Oil Pol-
movement of ships under its own registry. lution Damage. [Sec. 3, RA 9483]. [Sec. 3,
See Pacific embargo. RA 9483].
Civil engineering, Practice of. The practice Civil liability ex delicto in sens[u] strictiore.
shall embrace services in the form of con- Civil liability directly arising from and based
sultation, design, preparation of plans, spec- solely on the offense committed. [People v.
ifications, estimates, erection, installation Bayotas, GR 102007, 2 Sep. 1994].
and supervision of the construction of
Civil liberty. The catch-all term which em-
streets, bridges, highways, railroads, air-
braces all the freedoms and civil rights
ports and hangars, port works, canals, river
enumerated under the bill of rights of the
and shore improvements, lighthouses, and
Consti.
dry docks; buildings, fixed structures for irri-
gation, flood protection, drainage, water Civil month. Also Solar month. That which
supply and sewerage works; demolition of agrees with the Gregorian calendar; and
permanent structures; and tunnels. The these months are known by the names of
enumeration of any work shall not be con- Jan., Feb., Mar., etc. They are composed of
strued as excl. any other work requiring civil unequal portions of time. [Gutierrez v. Car-
engineering knowledge and application. pio, GR 31025. Aug. 15, 1929].
[Sec. 2, RA 544].
Civil obligations. Obligations which give a
Civil fruits. The rents of buildings, the price of right of action to compel their performance.
leases of lands and other property and the [Art. 1423, CC]. Compare with Natural obli-
amount of perpetual or life annuities or other gations.
similar income. [Art. 442, CC].
Civil procedure. 1. Procedure that treats of
Civil interdiction. Crim. Law. The deprivation the enforcement and protection of rights in
of the offender during the time of his sen- civil cases. [Suarez, Intro. to Law, 1995 3rd
tence of the rights of parental authority, or Ed., p. 204]. 2. The rules and process by
guardianship, either as to the person or which a civil case is tried and appealed, incl.
property of any ward, of marital authority, of the preparations for trial, the rules of evi-
the right to manage his property and of the dence and trial conduct, and the procedure
right to dispose of such property by any act for pursuing appeals.
or any conveyance inter vivos. [Art. 34,
RPC]. Civil register. 1. The various registry books
and related certificates and documents kept
Civil law. 1. Law inspired by old Roman Law, in the archives of the local civil registry offic-
the primary feature of which was that laws es, Phil. Consulates and of the Office of the
were written into a collection; codified, and Civil Registrar General. [Sec. 2, RA 9053].
not determined, as is common law, by judg- 2. The official record of acts, events and ju-
es. The principle of civil law is to provide all dicial decrees concerning the civil status of
citizens with an accessible and written col- persons. [Art. 407, CC]. 3. A register estab-
lection of the laws which apply to them and lished for recording the civil status of per-

152
sons, in which shall be entered: (a) births; dom of contract, etc. Or, as otherwise de-
(b) deaths; (c) marriages; (d) annulments of fined, civil rights are rights appertaining to a
marriages; (e) divorces; (f) legitimations; (g) person by virtue of his citizenship in a state
adoptions; (h) acknowledgment of natural or community. Such term may also refer, in
children; (i) naturalization; and (j) changes of its general sense, to rights capable of being
name. [Sec. 1, Act 3753 (Civil Register enforced or redressed in a civil action. [Si-
Law)]. mon v. CHR, GR 100150. Jan. 5, 1994]. 2.
The rights secured by the Consti. of any
Civil Register Books. The following books
state or country to all its inhabitants and not
which local registrars keep and preserve in
connected with the org. or administration of
their offices [and] in which they make the
govt., [Black, Handbook of Amer. Consti.
proper entries concerning the civil status of
Law, 4th ed., 526]. Compare with Political
persons: (a) Birth and death register; (b)
rights.
Marriage register, in which shall be entered
not only the marriages solemnized but also Civil service. Scope: [It embraces] every
divorces and dissolved marriages; (c) Legit- branch, agency, subdivision, and instrumen-
imation, acknowledgment, adoption, change tality of the govt., incl. every GOCC whether
of name and naturalization register. [Sec. 4, performing governmental or proprietary
Act 3753 (Civil Register Law)]. function. [Sec. 4, Art. IV, PD 807].
Civil Register Law. Act 3753 enacted on Nov. Civil Service Commission (CSC). The central
26, 1930. personnel agency of the [Phil.] Govt. [Sec.
3, Art IX (b), 1987 Phil. Consti.].
Civil registrar (of city or municipality). The
head of the local civil registry office of the Civil Service Decree of the Philippines. PD
city or municipality, as the case may be, 807 entitled ―Providing for the org. of the
who is appointed as such by the city or mu- Civil Service Commission in accordance
nicipal mayor in accordance with the provi- with provisions of the Consti., prescribing its
sions of existing laws. [Sec. 2, RA 9048]. powers and functions and for other purpos-
es‖ signed into law on Oct. 6, 1975.
Civil registrar general. The Administrator of
the Natl. Statistics Office (NSO) which is the Civil society. Non-govt. orgs. (NGOs) and
agency mandated to carry out and adminis- people's orgs. (POs). [Sec 4, RA 9275].
ter the provision of laws on civil registration.
Civil society organizations (CSOs). Non-
[Sec. 2, RA 9053].
state actors whose aims are neither to gen-
Civil registry. The public record where acts, erate profits nor to seek governing power.
events and judicial decrees concerning the CSOs unite people to advance shared goals
civil status of persons are entered. [Bench and interests. They have a presence in pub-
Book for Trial Court Judges, p. 3-4]. lic life, expressing the interests and values
of their members or others, and are based
Civil reservation. Lands of public domain
on ethical, cultural, scientific, religious or
which have been proclaimed by the Pres. of
philanthropic considerations. CSOs include
the Phils. for specific purpose such as town
NGOs, professional assocs., foundations,
sites, resettlement areas, ancestral lands,
independent research institutes, community-
etc.
based orgs. (CBOs), faith-based orgs., POs,
Civil rights. 1. Those (rights) that belong to social movements, and labor unions. [Sec.
every citizen of the state or country, or, in a 3, RA 10121].
wider sense, to all its inhabitants, and are
Civil war. A war bet. opposing groups within
not connected with the org. or administration
the same state.
of govt. They include the rights of property,
marriage, equal protection of the laws, free-

153
Civilian supremacy. Pol. Law. The suprema- not prohibit the creditors or 3rd parties from
cy of elected civilian public officials over the filing cases against the directors and officers
military. The elected Pres. is the Command- acting in their personal capacities. [Sec. 4,
er-in-Chief and only the Congress can de- RA 10142]. 3. Intel Prop. It defines the mat-
clare war. ter for which protection is sought. Each
claim shall be clear and concise, and shall
Civilian supremacy principle. Pol. Law. The
be supported by the description.
doctrine that teaches the supremacy of the
sovereign Fil. people in line with the princi- Claim of ownership. 1. The possession of a
ple that ―sovereignty resides in the people piece of property with the intention of claim-
and all govt. authority emanates from them,‖ ing it in hostility to the true owner. [Alvarez
and this supremacy is ―at all times, supreme v. PICOP Resources, Inc., GR 162243, GR
over the military.‖ [Suarez, Pol. Law Re- 164516 & GR 171875, Dec. 3. 2009]. 2. A
viewer, 1st Ed., 2002, p. 60]. party‘s manifest intention to take over land,
regardless of title or right. [Id.].
Claim. Civ. Law. 1. Right to payment, whether
or not such right is reduced to judgment, liq- Claim owner. 1. A holder of an existing mining
uidated, unliquidated, fixed, contingent, ma- right. [Sec. 3, RA 7076]. A holder of valid
tured, unmatured, disputed, undisputed, le- and subsisting mining claim(s). [Sec. 12, PD
gal, equitable, secured, or unsecured; or 1150].
right to an equitable remedy for breach of
Claim preclusion. Res judicata. See Preclu-
performance if such breach gives rise to a
sion of claims.
right to payment, whether or not such right
to an equitable remedy is reduced to judg- Claim settlement. Ins. The indemnification of
ment, fixed, contingent, matured, unma- the suffered by the insured. The claimant
tured, disputed, undisputed, secured, unse- may be the insured or reinsured, the insurer
cured. [Finasia Investments and Finance who is entitled to subrogation, or a 3rd party
Corp. v. CA, GR 107002, Oct. 7, 1994]. 2. A who has a claim against the insured.
debt owing by a debtor to another person or
business. In probate parlance, the term Claim to ownership. The documents serving
used for debts of the decedent and a proce- as bases of awarding Torrens Title, Transfer
dure that must be followed by a creditor to Certificate Title, Copy of Tax Declaration or
Copy of Real Estate Tax Receipt. [Memo.
obtain payment from his estate.
from the Exec. Sec. dated Aug. 20, 1998].
Claim. Corp. Law. 1. [It] shall include all claims
or demands of whatever nature or charter Clandestine. Something that is purposely kept
from the view or knowledge of others either
against a debtor or its property, whether for
money or otherwise. [Sec. 1, Rule 2, AM 00- in violation of the law or to conduct or con-
8-10-SC, Dec. 2, 2008]. 2. All claims or de- ceal some illegal purpose. A clandestine
mands of whatever nature or character marriage would be one which does not
against the debtor or its property, whether comply with laws related to publicity.
for money or otherwise, liquidated or Clandestine laboratory. Any facility used for
unliquidated, fixed or contingent, matured or the illegal manufacture of any dangerous
unmatured, disputed or undisputed, incl., but drug and/or controlled precursor and essen-
not limited to: (a) all claims of the govt., tial chemical. [Sec 3, RA 9165].
whether natl. or local, incl. taxes, tariffs and
customs duties; and (b) claims against di- Clarificatory. Of or pertaining to clarification;
rectors and officers of the debtor arising That serves to clarify.
from acts done in the discharge of their Clarificatory hearing. [It] is not indispensable
functions falling within the scope of their au- during preliminary investigation. Rather than
thority: Provided, That, this inclusion does being mandatory, a clarificatory hearing is

154
optional on the part of the investigating of- Class specification or standards. A written
ficer. as evidenced by the use of the term description of a class of position(s). It distin-
―may‖ in Sec. 3(e) of Rule 112 [of the Rules guishes the duties, responsibilities and qual-
of Court]. [De Ocampo v. Sec. of Justice, ification requirements of positions in a given
GR 147932, Jan. 25, 2006]. class from those of other classes in the Po-
sition Classification System. [Sec. 3, PD
Clarificatory judgment. A judgment rendered
985].
by the court, upon motion, when a judgment
previously rendered is ambiguous and diffi- Class suit. Requisites: (a) The subject matter
cult to comply with. of controversy is one of common or general
interest to many persons; (b) the parties af-
Class. Civ. Serv. All positions in the govt. ser-
fected are so numerous that it is impractica-
vice that are sufficiently similar as to duties
ble to bring them all to court; and (c) the par-
and responsibilities and require similar quali-
ties bringing the class suit are sufficiently
fications that can be given the same title and
numerous or representative of the class and
salary and for all administrative and com-
can fully protect the interests of all con-
pensation purposes, be treated alike. [Sec.
cerned. [Banda v. Ermita, Apr. 20, 2010].
3, PD 807].
Classification. 1. The grouping of persons or
Class "A" containers. 20, 35, 40 footer-
things similar to each other in certain partic-
containers as per Intl. Shipping Org. (ISO).
ulars and different from each other in these
[Sec. 1, PPA AO 08-79].
same particulars. [Assoc. of Small Land-
Class "B" containers. Containers owned by owners v. Sec. of Agrarian Reform, GR
the shipping lines, the measurement or siz- 78742. July 14, 1989]. 2. The act of arrang-
es of which do not fall under the ISO standing positions acc. to broad occupational
ard. [Sec. 1, PPA AO 08-79]. groupings and determining differences of
classes within each group. [Sec. 3, PD 985].
Class of position. Admin. Law. The basic unit
of the Position Classification System. A Classification. Requirements for validity: (a) It
class consists of all those positions in the must be based on substantial distinctions;
system which are sufficiently similar as to (b) it must be germane to the purposes of
(a) kind or subject matter of work; (b) level the law; (c) it must not be limited to existing
of difficulty and responsibility; and (c) the conditions only; and (d) it must apply equally
qualification requirements of the work, to to all the members of the class. [Assoc. of
warrant similar treatment in personnel and Small Landowners v. Sec. of Agrarian Re-
pay administration. [Sec. 3, PD 985]. form, GR 78742. July 14, 1989].
Class or Representative suit. When the sub- Classified land forest. Also known as Per-
ject matter of the controversy is one of manent forest or Forest reserves. Those
common or general interest to many per- lands of the public domain which have been
sons, and the parties are so numerous that the subject of the present system of classifi-
it is impracticable to bring them all before cation and declared as needed for forest
the court, one or more may sue or defend purposes.
for the benefit of all. But in such case the
Classroom shortage. The number of class-
court shall make sure that the parties actual-
rooms whose construction, in considering
ly before it are sufficiently numerous and
the number of students divided by the exist-
representative so that all interests con-
ing number of classrooms, shall result in a
cerned are fully protected. Any party in in-
student-classroom ratio of 45:1; classrooms
terest shall have a right to intervene in pro-
shall mean those exclusively used for in-
tection of his individual interest. [Sec. 12,
structional purposes and shall exclude offic-
Rule 3, RoC].

155
es, libraries, laboratories, workshops and faith with respect to the subject of the com-
the like. [Sec. 3, RA 7880]. plaint-that is, with "unclean hands". Also
known as Unclean hands or Dirty hands
Clause. 1. A unit of grammatical org. next
doctrine.
below the sentence in rank and in traditional
grammar said to consist of a subject and Clean slate doctrine. Intl. Law. Doctrine that a
predicate. 2. A particular and separate arti- new state coming into existence through de-
cle, stipulation, or proviso in a treaty, bill, or colonization is under no obligation to suc-
contract. ceed to the treaties of its former colonial
power.
Claused bill of lading. A bill of lading indicat-
ing that some discrepancy exists bet. the Cleaner production. The application of an
goods loaded and the goods listed on the integrated, preventive environmental strate-
bill. gy to processes, products, services to in-
crease efficiency and reduce risk to humans
Clean bill. A bill which has been revised in
and the environment. [Sec 4, RA 9275].
mark-up. Amendments are assembled with
unchanged language and the bill is referred Clean-up operations. 1. Activities involving
to the floor with a new number. the removal of pollutants discharged or
spilled into a water body and its surrounding
Clean bill of exchange. Nego. Inst. One to
areas, and the restoration of the affected ar-
which are not attached documents of tile to
eas to their former physical, chemical and
be delivered to the person against whom the
biological state or conditions. [Sec 4, RA
bill is drawn when he either accepts or pays
9275]. 2. Activities conducted in removing
the bill. [Diaz, Bus. Law Rev., 1991 Ed., p.
the pollutants discharged or spilled in water
365].
to restore it to pre-spill condition. [Sec. 62,
Clean bill of health. An assurance that some- PD 1152].
one is healthy or something is in good con-
Clear and convincing proof or evidence. 1.
dition.
Proof [or evidence] that is more than mere
Clean bill of lading. A bill of lading indicating preponderance, but not to extent of such
that the goods have been properly loaded certainty as is required beyond reasonable
on board the carrier's ship. doubt as in criminal cases. [Manalo v. Rol-
dan-Confesor, GR 102358. Nov. 19, 1992].
Clean hands. 1. A maxim of the law to the
2. Standard of proof (or evidence) common-
effect that any person, individual or corpo- ly used in civil lawsuits and in regulatory
rate, that wishes to ask or petition a court for agency cases. It governs the amount of
judicial action, must be in a position free of
proof that must be offered in order for the
fraud or other unfair conduct. 2. An estab- plaintiff to win the case.
lished and familiar principle that ―he who
comes to the courts must come with clean Clear and present danger. A standard for
hands.‖ [Silagan v. IAC, GR 68743. May 8, judging when freedom of speech can be
1991]. abridged.
Clean hands doctrine. 1. A legal principle Clear and present danger rule. The libertari-
grounded on equity which says that a com- an test which was originally espoused by
plainant or plaintiff seeking relief in the Justice Holmes in Schenck v. US where he
courts must not himself be guilty in the mat- ruled that "the question in every case is
ter subject of his claim. 2. An equitable de- whether the words used are used in such
fense in which the defendant argues that the circumstances and are of such nature as to
plaintiff is not entitled to obtain an equitable create and present danger that they will
remedy on account of the fact that the plain- bring about the substantive evils that the
tiff is acting unethically or has acted in bad State has a right to prevent. [In re: Jurado,

156
AM 93-2-037 SC. Apr. 6, 1995]. Compare less and innocuous, such as misspelled
with Dangerous tendency doctrine and name or misspelled place of birth, mistake in
Balancing test. the entry of day and month in the date of
birth or the sex of the person or the like,
Clearing agency. Any person who acts as
which is visible to the eyes or obvious to the
inter mediary in making deliveries upon
understanding, and can be corrected or
payment effect settlement in securities
changed only by reference to other existing
transactions. [Sec. 3, SRC].
record or records: Provided, however, That
Clearing check. A banking process to deter- no correction must involve the change of na-
mine the existence of sufficiency of funds tionality, age, or status of the petitioner.
against which a check is drawn, and the [Sec. 2, RA 9053, as amended by RA
crediting of the account of the bank sending 10172]. 2. An error made in copying or writ-
said check for clearing, incl. the verification ing. [Yu v. Rep., GR L-20752. Nov. 25,
of the other defects that will render the 1967].
check stale or not payable.
Clerk of court. 1. An essential officer in any
Clearing House. An agency or separate corp. judicial system. His office is the hub of ac-
of a futures exchange responsible for set- tivities, both adjudicative and administrative.
tling trading accounts, clearing trades, col- The clerk of court keeps the records and
lecting and maintaining margin monies, reg- seal, issues processes, enters judgments
ulating delivery and reporting trading data. and orders, and gives, upon request, certi-
fied copies form the records. [Lloveras v.
Clemency. Also Executive clemency. Act of Sanchez, AM P-93-817. Jan. 18, 1994]. 2.
grace or mercy by the Pres. to ease the
Administrator or chief clerical officer of the
consequences of a criminal act, accusation, court. 3. The Clerk of Court of the court
or conviction. where the practicing lawyer rendered free
Cleric. A priest or minister of a Christian legal aid services. In the case of quasi-
church. judicial bodies, it refers to an officer holding
an equivalent or similar position. The term
Clerical. Concerned with or relating to work in shall also include an officer holding a similar
an office, esp. routine tasks. position in agencies exercising quasi-judicial
Clerical errors. 1. Mistakes by the clerk in functions, or a responsible officer of an ac-
copying or writing, the making of wrong en- credited PO or NGO, or an accredited medi-
tries in the public records contrary to exist- ator who conducted the court-annexed me-
ing facts. [Lim v. Rep. GR L-8932, May 13, diation proceeding. [Proposed Rule on
1937]. 2. Those mistakes that are clerical in Mandatory Legal Aid Service for Practicing
nature or changes that are harmless and in- Lawyers, Sec. 4, BM 2012, Feb. 10, 2009].
nocuous, such as the correction of a mis- Client. One who engages the ser-vices of a
spelled name or occupation of the parents. lawyer for legal advice or for purposes of
[Ansaldo v. Rep., GR L-10226 Feb. 14, prosecuting or defending a suit in his behalf
1958]. 3. Those that are visible to the eyes and usu. for a fee. [Pineda, Legal and Judi-
or obvious to the understanding, or ―errors cial Ethics, (1999 Ed.), p. 5].
made by a clerk or transcriber, a mistake in
copying or writing.‖ [Black v. Rep., GR L- Clientele. Clients collectively.
10869, Nov. 28, 1958]. Compare with Sub- Climate. The weather conditions prevailing in
stantial errors.
an area in general or over a long period.
Clerical or Typographical error. 1. A mistake Climate change. A change in climate that can
committed in the performance of clerical be identified by changes in the mean and/or
work in writing, copying, transcribing or typ-
variability of its properties and that persists
ing an entry in the civil register that is harm-

157
for an extended period typically decades or the Corp. Code; and (c) the corp. shall not
longer, whether due to natural variability or list in any stock exchange or make any pub-
as a result of human activity. [Sec. 3, RA lic offering of any of its stock of any class.
10121; Sec. 3, RA 9729]. Notwithstanding the foregoing, a corp. shall
not be deemed a close corp. when at least
Climate Change Act of 2009. RA 9729 enti-
2/3 of its voting stock or voting rights is
tled ―An Act Mainstreaming Climate Change
owned or controlled by another corp. which
into Govt. Policy Formulations, Establishing
is not a close corp. within the meaning of the
the Framework Strategy And Program on
Corp. Code. [Sec. 96, Corp. Code]. 2. A
Climate Change, Creating for this Purpose
corp. (a) whose AOI provide that: (a.1) all
the Climate Change Commission, and for
the corp.‘s issued stock of all classes, ex-
Other Purposes‖ enacted on Oct. 23, 2009.
clusive of treasury shares, shall be held of
Climate Change Commission. The sole poli- record by not more than a specified number
cy-making body of the govt. which shall be or persons not exceeding 20; (a.2) All the
tasked to coordinate, monitor and evaluate issued stock of all classes shall be subject
the programs and action plans of the govt. to one or more specified restrictions on
relating to climate change pursuant to the transfer; (a.3) The corp. shall not list in any
provisions of RA 9729. stock exchange or make any public offering
of any of its stock of any class; and (b)
Climate Risk. The product of climate and whose stocks, at least 2/3 of the voting
related hazards working over the vulnerabil- stocks or voting rights of which are owned or
ity of human and natural ecosystems. [Sec. controlled by another corp. which is a close
3, RA 9729].
corp. The Corp. is not a close corp. even if
Climate Variability. The variations in the av- the shares belong to less than twenty if not
erage state and in other statistics of the cli- all the requisites are present. [San Juan
mate on all temporal and spatial scales be- Structural and Steel Fabricators, Inc. v. CA,
yond that of individual weather events. [Sec. GR 129459, Sep. 29, 1998]. It is different
3, RA 9729]. from a Closed corporation and a Closely
held corporation. Compare with Open
Climax. The most intense, exciting, or im- corporation.
portant point of something.
Close now, hear later doctrine. [The doctrine
Clinic. A place in which patients avail of medi- holding that] the law does not contemplate
cal consultations or treatments on an out- prior notice and hearing before the bank
patient basis. However, any clinic or dispen- may be directed to stop operations and
sary where there is at least 6 beds or cribs placed under receivership. The purpose is to
or bassinets installed for 24-hour use by pa- prevent unwarranted dissipation of the
tients shall be construed to fall within the bank‘s assets and as a valid exercise of po-
definition of a hospital as described in RA lice power to protect the depositors, credi-
4226. [Sec. 2, RA 4226]. tors, stockholders and the general public.
CLOA. See Certificate of Land Ownership [Central Bank of the Phils. v. CA, GR 76118
Award. Mar. 30, 1993].
Close corporation. 1. A corp. whose AOI Close of election proceedings. As used in
provide that: (a) all the corp.'s issued stock Secs. 3 and 4 of the Implementing Rules of
of all classes, exclusive of treasury shares, the Labor Code, the phrase refers to that
shall be held of record by not more than a period from the closing of the polls to the
specified number of persons, not exceeding counting and tabulation of the votes. [Phil.
20; (b) all the issued stock of all classes Fruits and Vegetable Ind., Inc. v. Torres, GR
shall be subject to one or more specified re- 92391. July 3, 1992].
strictions on transfer permitted by Title XII of

158
Closed corporations. Corps. that are not discounts or merchandise in order to re-
publicly traded on any stock exchanges and duce, dispose or close out his inventory and
are, therefore, closed to investment from the business. [Art. 4, RA 7394].
general public.
Clothier. One who makes or sells cloths or
Closed season. 1. The period during which clothing; esp., one who sells ready-made
the taking of specified fishery species by a clothing. [Hashim v. Posadas, GR 24402.
specified fishing gear is prohibited in a spec- Feb. 19, 1926]. Compare with Tailor.
ified area or areas in Philip-pine waters.
Cloud. An apparent claim or encumbrance,
[Sec. 4, RA 8550]. 2. The period during
such as a lien, [on title].
which fishing is prohibited in a specified ar-
ea or areas in Phil. waters, or to the period Cloud on title. An outstanding instrument,
during which the catching or gathering of record, claim, encumbrance or proceeding
specified species of fish or fishery or aquatic which is actually invalid or inoperative, but
products or the use of specified fishing which may nevertheless impair or affect inju-
gears to catch or gather fish or fishery or riously the title to property. [Tolentino, Civ.
aquatic product is prohibited. [Sec. 3, PD Code of the Phils., Vol. II, Repr. 2001, p.
704]. 150].
Closed shop. Labor. An enterprise in which, CLUP. See Comprehensive Land Use Plan.
by agreement bet. the employer and his
employees or their representatives, no per- Cluster. A group of the same or similar ele-
son may be employed in any or certain ments gathered or occurring closely togeth-
agreed departments of the enterprise unless er.
he or she is, becomes, and for the duration Cluster housing. A single-family attached
of the agreement, remains a member in dwelling containing 3 or more separate living
good standing of a union entirely comprised units grouped closely together to form rela-
of or of which the employee in interest are a tively compact structures. [Sec. 3, BP 220].
part. [Findlay Millar Timber Co. v. Phil.
Land-Air-Sea Labor Union, GR L-18217 & L- Cluster of schools. A group of schools which
18222. Sep. 29, 1962]. are geographically contiguous and brought
together to improve the learning outcomes.
Closed-end company. Any investment com- [Sec. 4, RA 9155].
pany other than an open-end company.
[Sec. 5, RA 2629]. See Open-end compa- CMP. See Community Mortgage Program.
ny. CO. See Capital Outlays.
Closely held corporation. Any corp. at least COA. See Commission on Audit.
50% in value of the outstanding capital stock
or at least 50% of the total combined voting Coaccion. Sp. Unlawful coercion. [US v.
power of all classes of stock entitled to vote Mena, GR 4812. Oct. 30, 1908].
is owned directly or indirectly by or for not Coal. A black or brownish-black solid combus-
more than 20 individuals. [Sec. 127, NIRC tible rock formed by the accumulation, de-
as amended]. composition and compaction of plant mate-
Closing argument. The closing statement, by rials under a long acting geological process.
counsel, to the trier of facts after all parties [Sec. 1.2, IRR, EO 354 dated 5 July 1996].
have concluded their presentation of evi- Coal Development Act of 1976, The. PD 972
dence. entitled ―Promulgating an Act to promote an
Closing out sale. A consumer sale wherein accelerated exploration, development, ex-
the seller uses the announcement to create ploitation, production and utilization of coal‖
the impression that he is willing to give large signed into law on July 28, 1976.

159
Coal mine operator. Any person or instru- tide to include mangrove swamps, brackish
mentality (whether natural or juridical) who water ponds, nipa swamps, estuarine rivers,
is engaged in coal production and/or opera- sandy beaches and other areas within a
tion of coal-mining facility. [Sec. 1.2, IRR, seaward limit of 200 meters isobath to in-
EO 354 dated 5 July 1996]. clude coral reefs, algal flats, sea grass beds
and other soft-bottom areas. [Sec. 4, RA
Coal-fired power plant. An electricity-
8550].
generating plant which utilizes coal (whether
locally produced or imported) as fuel. [Sec. Coastline. The outline of a coast, esp. with
1.2, IRR, EO 354 dated 5 July 1996]. regard to its shape and appearance.
Coalition. An aggrupation of duly registered Coastwise or interisland shipping service.
natl., regional, sectoral parties or orgs. for A water transport service which is not con-
political and/or election purposes. [Sec. 3, sidered as a continuation of the highway
RA 7941]. when the 2 terminals are separated by an
Coast. The part of the land near the sea; the open sea. [San Pablo v. Pantranco South
edge of the land. Express, Inc. GR L-61461 & 61501. Aug.
21, 1987]. Compare with Ferryboat ser-
Coast Guard Law. RA 5173 entitled ―An Act vice.
creating a Phil. Coast Guard, prescribing its
powers and functions, appropriating the Cock. A male bird, esp. a rooster.
necessary funds therefor, and for other pur- Cockfighting. The commonly known game or
poses‖ enacted on Aug. 4, 1967, as amend- term: cockfighting derby, pintakasi or tupa-
ed by PD 601 signed into law on Dec. 9, da, or its equivalent terms in different Phil.
1974. localities. [Sec. 4, PD 449].
Coast police. An easement imposed, under Cockfight. A match in a cockpit bet. 2 fighting
Arts. 8 to 10 of the Sp. Law of Waters of cocks heeled with metal gaffs.
1886, upon estates adjacent to the sea or its
shores consisting in the obligation of leaving Cockfighting Law of 1974. PD 449 signed
a clear way not to exceed 6 meters in into law on May 9, 1974.
breadth and marked off by the govt. within Cockpit. A pit or ring for cockfighting. [US v.
the terrestrial coast zone. Estapia, GR L-12891. Oct. 19, 1917].
Coast sea. The maritime zone encircling the Co-conspirator. A fellow conspirator; an as-
coasts, to the full width recognized by intl. sociate or collaborator in a conspiracy.
law. The States provides for and regulates
the police supervision and uses of this zone, Coconut. The large, oval, brown seed of a
as well as the right of refuge and immunity tropical palm, consisting of a hard shell lined
therein, in accordance with law and intl. with edible white flesh and containing a
treaties. [Amada v. Dir. of Lands, GR 6866. clear liquid.
Aug. 31, 1912]. Coconut Preservation Act of 1995. RA 8048
Coastal. 1. Of, relating to, or near a coast. 2. entitled ―An Act Providing For The Regula-
Littoral; inshore; waterside. tion Of The Cutting Of Coconut Trees, Its
Replenishment, Providing Penalties There-
Coastal area or zone. A band of dry land and for And For Other Purposes‖ enacted onn
adjacent ocean space [water and sub- June 7, 1995.
merged land] in which terrestrial processes
and uses directly affect oceanic processes Coconut tree. A tall pinnate-leaved palm bear-
and uses, and vice versa; its geographic ex- ing a large edible fruit called the coconut.
tent may include areas within a landmark [Sec. 3, RA 8048].
limit of 1 kilometer from the shoreline at high

160
COD. See Cash on delivery. nexed to be taken as a part thereof, by
which disposition made in the orig. will is
Coddler. Pamperer; someone who pampers or
explained, added to, or altered. [Art. 825,
spoils by excessive indulgence. See Protec-
CC]. 2. An amendment to an existing will. It
tor.
does not mean that the will is totally
Code. A system of words or other symbols changed; just to the extent of the codicil.
arbitrarily used to represent words. [Sec. 42,
COE. See Current Operating Expenditures
RA 5921].
or Current Operating Expenses.
Code of Commerce. The Spanish Code of
Coercion. Exertion of physical violence or
Commerce of 1885 with some adaptations
moral pressure upon a person in a manner
made by the ―Comision de Codificacion de
that is determined and constant until the
las Provincias de Ultramar,‖ extended to the
lawful purpose is realized. [Gregorio, Fund.
Phils. by the Royal Decree dated Aug. 6,
of Crim. Law Rev., 1997 9th Ed., pp. 687].
1888, and became effective on Dec. 1,
1888. [Martin, Commentaries and Jurisp. on Coercion and influence. The offense commit-
Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 1]. ted by any person who coerces, influences,
abets or persuades the public officer or em-
Code of Conduct and Ethical Standards for
ployee referred to in Secs. 74 and 75 of PD
Public Officials and Employees. RA 6713
705 [Forestry Reform Code] to commit any
entitled ―An Act establishing a code of con-
of the acts mentioned therein. [Sec. 76, PD
duct and ethical standards for public officials
705].
and employees, to uphold the time-honored
principle of public office being a public trust, Coercions (compulsory purchase of mer-
granting incentives and rewards for exem- chandise). Crim. Law. The felony commit-
plary service, enumerating prohibited acts ted by any person, agent or officer, of any
and transactions and providing penalties for assoc. or corp. who shall force or compel,
violations thereof and for other purposes‖ directly or indirectly, or shall knowingly per-
enacted on Feb. 20, 1989. mit any laborer or employee employed by
him or by such firm or corp. to be forced or
Code of Judicial Conduct. The rules of con-
compelled, to purchase merchandise or
duct that govern the members judiciary in
commodities of any kind. [Art. 288, RPC].
the Phils. [Promulgated by theb SC on 5
Sep. 1989 and took effect on 20 Oct. 1989]. Coercions (payment of wages by means of
tokens). Crim. Law. The felony committed
Code of Muslim Personal Laws of the Phil-
by any person who shall pay the wages due
ippines. PD 1083 entitled ―A Decree to or-
a laborer or employee employed by him, by
dain and promulgate a code recognizing the
means of tokens or objects other than the
system of Filipino Muslim laws, codifying
legal tender currency of the laborer or em-
Muslim personal laws, and providing for its
ployee. [Art. 288, RPC].
administration and for other purposes‖
signed into law on Feb. 4, 1977. Coeundi. Lat. Inability of the male to perform
the sexual act. i. erigendi, impotence due to
Code of Professional Responsibility. The
the absence of the power of erection. [Men-
rules of conduct that govern the legal pro-
ciano v. San Jose, GR L-1967 May 28,
fession in the Phils. [Promulgated June 21,
1951].
1988 by the IBP].
Co-generation facility. A facility which pro-
Code on Sanitation of the Philippines. PD
duces electrical and/or mechanical energy
856 enacted on Dec. 23, 1975.
and forms of useful thermal energy such as
Codicil. 1. A supplement or addition to a will, heat or steam which are used for industrial
made after the execution of a will and an- commercial heating or cooling purposes

161
through the sequential use of energy. [Sec. against him in the event he shall default in
4, RA 9136]. payment. Such provision in a debt instru-
ment or agreement permits the creditor or
Cogent. Having the power to influence or con-
his attorney on default to appear in court
vince; powerfully persuasive.
and confers judgment against the debtor.
Cogitationis poenam nemo meretur. Lat. No
Cognovit note. An extraordinary note which
man deserves punishment for his thoughts.
authorizes an attorney to confess judgment
[Salonga v. Paño, GR L-59524. Feb. 18,
against the person or persons signing it. It is
1985].
a written authority of a debtor and a direc-
Cognition. The mental action or process of tion by him for the entry of judgment against
acquiring knowledge and understanding him if the obligation set forth in the note is
through thought, experience, and the sens- not paid when due. Such judgment may be
es. A result of this; a perception, sensation, taken by any person holding the note which
or intuition. cuts off every defense which the maker of
the note may otherwise have and it likewise
Cognition test. Crim. Law Complete depriva- cuts of all rights of appeal from any judg-
tion of intelligence in committing the [crimi- ment taken on it.
nal] act. Compare with Volition.
COGSA. See Carriage of Goods by Sea Act.
Cognition theory. Under this theory, ac-
ceptance is considered to effectively bind Cohabit. To dwell or live together as husband
the offeror only from the time it came to his and wife; to live together as husband and
knowledge. [Suggested Answer for the 1997 wife although not legally married; to live to-
Bar, UPLC, (2002), p. 55]. Compare with gether in the same house, claiming to be
Manifestation theory. married; to live together at bed and board.
[People v. Pitoc, GR 18513. Sep. 18, 1922].
Cognovit. A written confession of an action by
a defendant, subscribed but not sealed, and Cohabitation. The term implies living together
authorizing the plaintiff to sign judgment and and having repeated sex. [Bitangcor v. Tan,
issue execution, usu. for a sum named. Adm. Case 528-SBC. Feb. 25, 1982]. 2. The
public assumption by a man and woman of
Cognovit actionem. Lat. He has confessed the marital relation, and dwelling together as
the action. A defendant‘s written confession man and wife, thereby holding themselves
of an action brought against him to which he
out to the public as such. Also Live-in Rela-
has no available defense. It is usu. upon tionship.
condition that he shall be allowed a certain
time for the payment of the debt or damag- Coin. A piece of round metal, which may
es, and costs. It is supposed to be given in sometimes be square or any shape either of
court, and it impliedly authorizes the plain- gold, silver, nickel or copper representing
tiff‘s attorney to sign judgment and issue ex- definite intrinsic or exchange value, issued
ecution. by the govt. authority to be used as money,
and usu. bearing on one side, commonly
Cognovit clause. A contractual provision
called the obverse, an allegory, sign, shield,
whereby a party agrees to the entry of a effigy, design, etc., containing the inscription
judgment against him in a particular court or or legend incl. all letters and numerals of the
courts without any notice or opportunity to coin. [Gregorio, Fund. of Crim. Law Rev.,
present a defense if he should default on his 1997 9th Ed., p. 442].
obligations or otherwise breach the contract.
Co-insurance. Ins. The percentage in the
Cognovit judgment. Confession of judgment value of the insured property which the in-
by the debtor. Written authority of the debtor sured himself assumes or undertakes to act
and his direction for the entry of judgment
as insurer to the extent of the deficiency in

162
the insurance of the insured property. In Collaboration. The acts of working together in
case of loss or damage, the insurer will be a joint project. [Kilosbayan v. Guingona, GR
liable only for such proportion of the loss or 113375. May 5, 1994].
damage as the amount of insurance bears
Collate. To arrange in order; verify arrange-
to the designated percentage of the full val-
ment of pages before binding or fastening;
ue of the property insured. [Suggested An-
put together.
swer for the 1994 Bar, UPLC, (2002), p.
107]. Compare with Reinsurance. Collateral. 1. N. Property which has been
committed to guarantee a loan. 2. Adj. Serv-
Co-insurance. Mar. Ins. It exists if the value of
ing to support or corroborate. 3. Adj. Having
the insured‘s interest exceeds the amount of
an ancestor in common but descended from
insurance; he is considered the co-insurer
a different line.
for an amount determined by the diff. bet.
the insurance taken out and the value of the Collateral agreement. Evid. A contract made
property. A marine insurer is liable upon a prior to or contemporaneous with another
partial loss only for such proportion of the agreement.
amount insured by him as the loss bears to
the value of the whole interest of the insured Collateral attack. 1. An attempt to impeach or
overturn a judgment rendered in a judicial
in the property insured. [Sec. 157, IC]. Co-
insurance applies only to mar. ins. Logically, proceeding, made in a proceeding other
there cannot be co-insurance in life insur- than within the orig. action or an appeal from
ance. But co-insurance applies in fire insur- it. 2. One that is made when, in another ac-
ance only when expressly stipulated by the tion to obtain a different relief, an attack on
the judgment is made as an incident in said
parties.
action. This is proper only when the judg-
Co-insurance. Mar. Ins. Requisites: (a) The ment, on its face, is null and void, as where
amount of insurance is less than the in- it is patent that the court which rendered
sured‘s insurable interest; and (b) The loss said judgment has no jurisdiction. [Maca-
is partial. bingkil v. PHHC, GR L-29080 Aug. 17,
1976]. Compare with Direct attack (against
Co-insurance clause. That clause in a fire
a judgment).
insurance policy which requires the insured
to maintain insurance to an amount equal to Collateral attack of corporate existence.
the value or specified percentage of the val- One whereby corporate existence is ques-
ue of the insured property under penalty of tioned in some incidental proceeding not
becoming co-insurer to the extent of such provided by law for the express purpose of
deficiency. The insured is not a co-insurer attacking the corporate existence. [De Leon,
under fire policies in the absence of stipula- Corp. Code of the Phil. Annotated, 1989
tion. Ed., p. 152].
Coitus. 1. Sexual intercourse. [People v. Tan, Collateral attack on a title. [This] transpires
GR 89316. July 12, 1990]. 2. Copulation. when, in another action to obtain a different
[People v. Padan, GR L-7295. June 28, relief and as an incident to the present ac-
1957]. tion, an attack is made against the judgment
granting the title. [Teoville Homeowners As-
COLA. See Cost of Living Allowance.
soc., Inc. v. Ferreira, GR 140086, June 8,
Co-lessee. One who jointly with another en- 2005]. See Indirect attack on a title.
ters into a contract of lease with the lessor
Collateral charges. The fees paid to the LTO
and who binds himself to perform the obliga-
for the registration of a brand new motor ve-
tions of such lessee.
hicle and other incidental expenses such as,
but not limited to, the cost of insurance per-

163
taining to the vehicle, chattel mortgage fees the debtor without the conventional loan se-
and interest expenses if applicable. [Sec. 3, curity of a real estate or chattel mortgage in
RA 10642]. favor of the creditor. In lieu of these conven-
tional securities, alternative arrangements to
Collateral damage. Unintended damage,
secure the loans and ensure repayment are
injuries, or deaths caused by an action, esp.
offered and accepted. [Sec. 3, RA 8425].
unintended civilian casualties caused by a
military operation. Collation. Succ. 1. The act of bringing into the
mass of the estate any property or right
Collateral descendant. A descendant that is
which a compulsory heir, who succeeds with
not direct, such as a niece or a cousin.
other compulsory heirs, may have received
Collateral estoppel. A doctrine by which an from the decedent, during the lifetime of the
earlier decision rendered by a court in a latter, by way of donation, or any other gra-
lawsuit bet. parties is conclusive as to the tuitous title, in order that it may be computed
issues or controverted points so that they in the determination of the legitime of each
cannot be relitigated in subsequent proceed- heir, and in the account of the partition. [Art.
ings involving the same parties. See Con- 1061, CC]. 2. The fictitious mathematical
clusiveness of Judgment. process of adding the value of the thing do-
nated to the net value of the hereditary es-
Collateral estoppel doctrine. A doctrine that tate. [Art. 908 and Arts. 1061-1077, CC].
prevents a person from relitigating an issue.
Once a court has decided an issue of fact or Collecting agency. Any person other than a
law necessary to its judgment, that decision practicing Attorney-at-Law engaged in the
preclude[s] relitigation of the issue in a suit business of collecting or suing debts or lia-
on a different cause of action involving a bilities placed in his hands, for said collec-
party to the first case. Also called Preclu- tion or suit, by subscribers or customers ap-
sion of issues doctrine. plying and paying therefor. [Sec. 1, PD 426].
See Mercantile agency.
Collateral facts. Facts that are outside the
controversy, or are not directly connected Collection expense. An expense incurred to
with the principal matter or issue in dispute, collect an obligation. It is in the nature of ac-
as indicated in the pleadings of the parties. tual damages and therefore must be duly
[Francisco, Evidence, Vol. VII, Part 1, 1997 proved.
Ed., p. 61].
Collection or Collecting. The act of gathering
Collateral fraud. Fraud that prevents a party or harvesting wildlife, its by-products or de-
from knowing his rights or from having a fair rivatives. [Sec. 5, RA 9147].
opportunity of presenting them at trial. See
Collective. Indicating a number of persons or
Extrinsic fraud.
things considered as constituting one group
Collateral line. That constituted by the series or aggregate. [Hacienda Luisita, Inc. v.
of degrees among persons who are not as- PARC, GR 171101, July 5, 2011].
cendants and descendants, but who come
Collective bargaining. Labor. It denotes, in
from a common ancestor. [Art. 964, CC].
common usage as well as in legal terminol-
Compare with Direct line.
ogy, negotiations looking toward a collective
Collateral trust bond. Corp. Law. Bond se- agreement. [Pampanga Bus Co. v. Pam-
cured by a lien on securities deposited with busco Employees' Union, GR 46739 Sep.
a trustee constituting collateral. [Diaz, Bus. 23, 1939].
Law Rev., 1991 Ed., p. 269].
Collective bargaining agreement (CBA).
Collateral-free arrangement. A financial ar- Labor. 1. The negotiated contract bet. a le-
rangement wherein a loan is contracted by gitimate labor org. and the employer con-

164
cerning wages, hours of work and all other Collective ownership. [Ownership that] is
terms and conditions of employment in a permitted in 2 provisions of RA 6657. Its
bargaining unit, incl. mandatory provisions Sec. 29 allows workers‘ coops. or assocs. to
for grievances and arbitration machineries. collectively own the land, while the 2nd par.
[Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A of Sec. 31 allows corps. or assocs. to own
contract executed upon request of either the agricultural land with the farmers becoming
employer or the exclusive bargaining repre- stockholders or members. . [Hacienda Luisi-
sentative incorporating the agreement ta, Inc. v. PARC, GR 171101, July 5, 2011].
reached after negotiations with respect to
Collective trade-name or Collective mark. A
wages, hours of work and all other terms
mark or trade-name used by the members
and conditions of employment, incl. pro-
of a coop., an assoc. or other collective
posals for adjusting any grievances or ques-
group or organization. [Sec. 40, RA 166].
tions arising under such agreement. [Davao
Integrated Port Stevedoring Services v. Collective work. A work which has been cre-
Abarquez, GR 102132. Mar. 19, 1993]. ated by 2 or more natural persons at the ini-
tiative and under the direction of another
Collective bargaining agreement, Gross
with the understanding that it will be dis-
violations of. Labor. Flagrant and/or mali-
closed by the latter under his own name and
cious refusal to comply with the economic
that contributing natural persons will not be
provisions of the Collective Bargaining
identified. [Art. 171, RA 8293].
Agreement (CBA), which act is considered
as an unfair labor practice cognizable by the Collectively. In a collective sense or manner;
labor arbiter. [Poquiz, Labor Rel. Law, 1999 in a mass or body. [Hacienda Luisita, Inc. v.
Ed. p. 22]. PARC, GR 171101, July 5, 2011].
Collective bargaining unit (CBU). Labor. A Collector. Any person or institution who ac-
group of employees of a given employer, quires cultural properties and natl. cultural
comprised of all or less than all of the entire treasures for purposes other than sale. [Sec.
body of employees, which the collective in- 3, RA 4846].
terests of all the employees, consistent with
equity to the employer, indicate to be best Collector or agent (cabo, cobrador, coria-
suited to serve reciprocal rights and duties dor or variants thereof). Any person who
collects, solicits or produces bets in behalf
of the parties under the collective bargaining
provisions of the law. [Belyca Corp. v. Fer- of his/her principal for any illegal numbers
rer-Calleja, GR L-77395. Nov. 29, 1988]. game who is usu. in possession of gambling
paraphernalia. [Sec. 2, RA 9287].
Collective mark. 1. Any visible sign designat-
ed as such in the application for registration Collegial. [A term] relating to a collegium or
and capable of distinguishing the origin or group of colleagues. [Jamsani-Rodriguez v.
any other common characteristic, incl. the Ong, AM 08-19-SB-J, Aug. 24, 2010].
quality of goods or services of different en- Collegial court. [A court the] members [of
terprises which use the sign under the con- which] act on the basis of consensus or ma-
trol of the registered owner of the collective jority rule. [Jamsani-Rodriguez v. Ong, AM
mark. [Sec. 40, RA 166]. 2. A mark or sym- 08-19-SB-J, Aug. 24, 2010].
bol used by a group to identify itself to its
members. Collegium. An executive body with each
member having approximately equal power
Collective mark or Collective trade-name. A and authority. [Jamsani-Rodriguez v. Ong,
mark or trade-name used by the members AM 08-19-SB-J, Aug. 24, 2010].
of a coop., an assoc. or other collective
group or organization. [Sec. 40, RA 166]. Collide. To come into violent contact; strike
violently against each other.

165
Collision. Mar. Law. 1. Two moving vessels Colorable title. That title which a person has
which crash into each other. 2. The impact when he acquired the thing in good faith
of 2 moving vessels. Compare with Allision. from whom he believes to be the owner.
Collude. Come to a secret understanding for a Colorectal cancer. See Colon cancer.
harmful purpose; conspire.
Colorum. A private vehicle operated for public
Collusion. A secret agreement bet. 2 or more utility purposes without the benefit of a valid
persons, who seem to have conflicting inter- and existing special permit, provisional au-
ests, to abuse the law or the legal system, thority or franchise. [LOI 1482, s. 1985].
deceive a court or to defraud a 3rd party.
Co-maker. Also called a Co-signer. One who
Collusive action. From Lat. cullosio: a secret assumes full responsibility for a debt if the
understanding. A suit where the parties are borrower does not or cannot repay the obli-
not at odds but where they cooperate to ob- gation as promised. They document their
tain a judgment. acceptance of this responsibility by signing
the promissory note.
Colon. 1. The main part of the large intestine.
2. A punctuation mark (:) indicating. Combat. Fighting bet. armed forces.
Colon cancer. Also known as colorectal can- Combatants. Intl. Law. 1. Those who engage
cer or large bowel cancer, [it] includes can- directly or indirectly in the hostilities. [Cruz,
cerous growths in the colon, rectum and ap- Intl. Law Reviewer, 1996 Ed., p. 2. 135].
pendix. Colorectal cancers arise from ade- [Those persons who] may lawfully wage war
nomatous polyps in the colon. These mush- and are thus subject to direct attack from the
room-shaped growths are usu. benign, but enemy. When captured, [they] are entitled to
some develop into cancer over time. [Leonis treatment as prisoners of war.
Navigation Co., Inc. v. Villamater, GR
Combination in restraint of trade. An
179169. Mar. 3, 2010]. Also Colorectal
agreement or understanding bet. 2 or more
cancer or Large bowel cancer.
persons, in the form of a contract, trust,
Colorable. False; counterfeit; something that pool, holding company, or other form of as-
is false but has the appearance of truth. soc., for the purpose of unduly restricting
competition, monopolizing trade and com-
Colorable imitation. 1. Close or ingenious
merce in a certain commodity, controlling its
imitation as to be calculated to deceive ordi-
production, distribution and price, or other-
nary persons, or such a resemblance to the
wise interfering with freedom of trade with-
orig. as to deceive an ordinary purchaser
out statutory authority. [Tatad v. Sec. of En-
giving such attention as a purchaser usu.
ergy, GR 124360. Nov. 5, 1997]. Compare
gives, and to cause him to purchase the one
with Monopoly.
supposing it to be the other. [Etepha v. Dir.
of Patents, GR L-20635. Mar. 31, 1966]. 2. Combustible. Able to catch fire and burn easi-
Such similarity in form, content, words, ly.
sound, meaning, special arrangement, or
Combustible fiber. Any readily ignitable and
general appearance of the trademark or
free burning fiber such as cotton, oakum,
trade-name with that of the other mark or
rags, waste cloth, waste paper, kapok, hay,
trade name in their over-all presentation or
straw, Spanish moss, excelsior and other
in their essential, substantive and distinctive
similar materials commonly used in com-
parts as would likely mislead or confuse
merce. [Sec. 3, RA 9514; Sec. 3, PD 1185].
persons in the ordinary course of purchasing
the genuine article. [Emerald Garment v. Combustible liquid. Any liquid having a flash
CA, GR 100098. Dec. 29, 1995]. point at or above 37.8oC (100oF). [Sec. 3,
RA 9514; Sec. 3, PD 1185].

166
Combustible, flammable or inflammable. comity is not. 2. The doctrine requiring
Descriptive of materials that are easily set courts of one state to recognize the laws
on fire. [Sec. 3, RA 9514; Sec. 3, PD 1185]. and judgments of competent courts of an-
other state, in order to secure the reciprocal
Combustion. A chemical change, esp. oxida-
recognition by that foreign state of the laws
tion, accompanied by the production of heat
and the judgments of the 1st state.
and light.
Command. An authoritative order.
Comelec. See Commission on Elections.
Command responsibility. An omission mode
Comfort women. Women victims forced by
of individual criminal liability whereby the
the [Japanese] military [during World War II]
superior is made responsible for crimes
into barracks-style stations divied into tiny
committed by his subordinates for failing to
cubicles where they were forced to live,
prevent or punish the perpetrators. [Roxas
sleep, and have sex with as many as 30
v. Macapagal-Arroyo, GR 189155. Sep. 7,
soldiers per day. [Vinuya v. Romulo, GR
2010].
162230, Apr. 28, 2010].
Command responsibility doctrine. The doc-
Comfort women system. The system estab-
trine under which any govt. official or super-
lished by the Japanese govt. to end intl.
visor, or officer of the PNP or that of any
condemnation of the 1937 incident known
other law enforcement agency shall be held
as the ―Rape of Nanking‖ under which the
accountable for "Neglect of Duty" if he has
[Japanese] military could simultaneously
knowledge that a crime or offense shall be
appease soldiers' sexual appetites and con-
committed, is being committed, or has been
tain soldiers' activities within a regulated en-
committed by his subordinates, or by others
vironment. [Vinuya v. Romulo, GR 162230,
within his area of responsibility and, despite
Apr. 28, 2010]. See Rape of Nanking.
such knowledge, he did not take preventive
Coming to court with unclean hands. An or corrective action either before, during, or
equitable defense in which the defendant immediately after its commission. [Sec. 1,
argues that the plaintiff is not entitled to ob- EO 226. Feb. 17, 1995].
tain an equitable remedy on account of the
Commencement. A beginning or start.
fact that the plaintiff is acting unethically or
has acted in bad faith with respect to the Commencement date. The date on which the
subject of the complaint - that is, with ―un- court issues the Commencement Order,
clean hands.‖ See Unclean or Dirty hands. which shall be retroactive to the date of filing
of the petition for voluntary or involuntary
Comitas gentium or Comity. A principle in
proceedings. [Sec. 4, RA 10142].
public intl. law which recognized and re-
quires reciprocal gestures of courtesies Commencement of action. Rem. Law. 1. A
among sovereign states concerning one an- civil action is commenced by the filing of the
other‘s actions based on customs duties of orig. complaint in court. If an additional de-
personal article belonging to diplomats in a fendant is impleaded in a later pleading, the
country‘s jurisdiction, or lifting of visa reaction is commenced with regard to him on
strictions for short periods of stay. the date of the filing of such later pleading,
irrespective of whether the motion for its
Comity. From Lat. comitas: courteousness; or
admission, if necessary, is denied by the
comitas gentium: the courteousness of na-
court. [Sec. 5, Rule 1, RoC]. 2. An action
tions. 1. The practice or courtesy existing
properly commenced - by the filing of the
bet. countries whereby the laws and institu-
complaint and the payment of all requisite
tions of each are recognized and respected.
docket and other fees. [Davao Light & Pow-
Comity is to be distinguished from intl. law,
er Co., Inc. v. CA, GR 93262. Nov. 29,
bec. intl. law is a binding obligation and
1991].

167
Commencement Order. The order issued by Commercial broker. The term includes all
the court under Sec. 16 of RA 10142. [Sec. persons other than importers, manufactur-
4, RA 10142]. ers, producers or bona fide employees, who,
far compensation or profit, sell or bring
Commerce. 1. That branch of human activity,
about sales or purchases of merchandise for
the purpose of which is to bring products to
other persons, or bring proposed buyers and
the consumer by means of exchanges or
sellers together, or negotiate freight or other
operations which tend to supply and extend
business for owners of vessels, or other
to him, habitually, with intent to gain at the
means of transportation, or for the shippers,
proper time and place and in good quality
or consignors or consignees of freight car-
and quantity [Miravite, Bar Review Materials
ried by vessels or other means of transpor-
in Comm. Law, 12th Ed., (2002), p. 1]. 2. The
tation. The term includes commission mer-
sale, lease, exchange, traffic or distribution
chant. [Ker & Co. Ltd. v. Lingad, GR L-
of goods, commodities, productions, ser-
20871. Apr. 30, 1971].
vices or property, tangible or intangible. [Art.
4, RA 7394]. Commercial contract. The agreement bet. 2
or more merchants, and at times bet. those
Commercial. Viewed with regard for profit.
who are not, whereby they bind themselves
Designed for profit.
to give or to do something in commercial
Commercial air transport operation. A flight transactions. [Martin, Commentaries and Ju-
carrying passengers, cargo or mail for re- risp. on Comml. Laws, Vol. 1, 1988 Rev.
muneration or hire where the principal pur- Ed., p. 45].
pose for their carriage is to transport them,
Commercial document. Any instrument exe-
and where a seat on the flight or the right to
cuted in accordance with the Code of Com-
have cargo or mail carried is available to
merce or any mercantile law containing dis-
any member of the public, shall be deemed
position of commercial rights or obligations.
to be for commercial air transport. This in-
[Gregorio, Fund. of Crim. Law Rev., 1997 9th
cludes flights carrying passengers for remu-
Ed., p. 450].
neration or hire, which begins and ends at
the same aerodrome. See Air commerce. Commercial establishments. Department
stores, supermarkets, shopping malls, office
Commercial arbitration. An arbitration that
buildings, hotels, theaters, stadiums, con-
covers matter arising from all relationships
dominiums, convention centers, restaurant
of a commercial nature, whether contractual
and the like, used for business or profit.
or not. [Sec. 3, RA 9285].
[Sec. 2, RA 7920].
Commercial bank. A business firm that main-
Commercial farms. Private agricultural lands
tains custody of money deposited by its cus-
which are devoted to commercial livestock,
tomers and pays on drafts written by its cus-
poultry and swine raising, and aquaculture
tomers. It earns its profits by investing the
incl. saltbeds, fishponds and prawn ponds,
money it has on deposit.
fruit orchards, vegetable and cutflower
Commercial banks. Ordinary banks governed farms, and cacao, coffee and rubber planta-
by the gen. banking laws which have a low- tions. Note that these commercial farms are
er capitalization requirement than universal also subject to govt. acquisition upon pay-
banks and can neither exercise the powers ment of just compensation under the agrari-
of an investment house nor invest in non- an reform program. [Sect. 11, RA 6657,
allied enterprises. CARL].
Commercial blood bank. A blood bank that Commercial fishing. 1. The taking of fishery
exists for profit. [Sec. 3 (c), RA 7719]. species by passive or active gear for trade,
business & profit beyond subsistence or

168
sports fishing, to be further classified as: (a) otherwise disposing of the cut or felled logs
Small scale commercial fishing - fishing with for profit. [Sec. 3, RA 7611].
passive or active gear utilizing fishing ves-
Commercial papers. 1. Instruments evidenc-
sels of 3.1 gross tons (GT) up to 20 GT; (b)
ing indebtedness of any person or entity
Medium scale commercial fishing - fishing
which are issued, endorsed, sold or trans-
utilizing active gears and vessels of 20.1 GT
ferred or in any manner conveyed to another
up to 150 GT; and 3. Large commercial fish-
person or entity, with or without recourse.
ing - fishing utilizing active gears and ves-
[Perez v. CA, GR L-56101. Feb. 20, 1984].
sels of more than 150 GT. [Sec. 4, RA
2. An alternative name for a negotiable in-
8550]. 2. Fishing for commercial purposes in
strument.
waters more than 7 fathoms deep with the
use of fishing boats more than 3 gross tons. Commercial registry. 1. A book where entries
[Sec. 3, PD 704; Sec. 3, PD 43]. are made of merchants and of documents
affecting their commercial transactions. 2.
Commercial forest. Forest of commercial tree
An office established for the purpose of cop-
species in which the volume of trees with 15
ying and recording verbatim certain classes
cm and over in diameter at breast height
of documents of commercial nature.
and merchantable height of at least 5 me-
ters measured from the base up to the 1st Commercial sand and gravel permit. The
branch, is 40 cubic meters or more per hec- permit granted by the provincial governor to
tare. any qualified person to extract and remove
sand and gravel or other loose or unconsoli-
Commercial land. Land devoted principally to
dated materials which are used in their natu-
commercial purposes, and generally for the
ral state, without undergoing process-sing
object of profit. [Sec. 3, PD 464].
from an area of not more than 5 hectares
Commercial law. 1. That branch of private law and in such quantities as may be specified
which regulates the juridical relations arising in the permit. [Sec. 46, RA 7942].
from commercial acts. [Miravite, Bar Review
Commercial scale fishpond production.
Materials in Comm. Law, 12th Ed., (2002), p.
Production of fish in fully developed fish-
1]. 2. The whole body of substantive juris-
pond of not less than 500 Kgs. of production
prudence applicable to the rights, inter-
per hectare per year. [Sec. 3, PD 43].
course and relations of persons engaged in
commerce, trade, or mercantile pursuits. Commercial scale. A scheme of producing a
minimum harvest per hectare per year of
Commercial letter of credit (CLC). 1. An
milkfish or other species incl. those raised in
instrument by which a bank, for the account
pens, cages, and tanks. [Sec. 4, RA 8550].
of a buyer of merchandise, gives formal evi-
dence to a seller, of its willingness to permit Commercialization. The process of incl. a
the seller, to draw bills against it, and stipu- new agricultural and fishery technology ei-
lates in legal form that all such bills will be ther as product, process or service that has
honored. 2. An instrument by which a bank- undergone the intensive innovative activities
er, for account of a buyer, gives formal evi- of assessment, promotion and transfer for
dence to a seller of its willingness to permit economic benefit. [Sec. 3, RA 10068].
him to draw on certain terms and stipulates
in legal form that all such bills will be hon- Commission. 1. Admin. Law. (a) The formal
ored. evidence of the appointment. The [required]
written memorial that can render title to pub-
Commercial logging. The cutting, felling or lic office indubitable. [Valencia v. Peralta,
destruction of trees from old growth and re- GR L-20864 Aug. 23, 1963]. (b) A board or
sidual forests for the purpose of selling or committee of officials appointed and em-
powered to perform certain acts or exercise

169
certain jurisdiction of a public nature or ser- settle all accounts pertaining to the expendi-
vice. [GMCR v. Bell Telecom, GR 126496. tures or uses of funds owned by or pertain-
Apr. 30, 1997]. 2. Crim. Law. Doing or prep- ing to, the Govt. or any of its subdivisions,
aration; the performance of an act. [Torres agencies, or instrumentalities. [CIR v. COA,
v. Gonzales, GR 76872. July 23, 1987]. 3. GR 101976. Jan. 29, 1993].
Not. Rules. The grant of authority to perform
Commission on Elections (Comelec). An
notarial acts and to the written evidence of
independent constitutional body created by
the authority. [Sec. 3, Rule II, AM 02-8-13-
a 1940 amendment to the 1935 Consti.
SC]. 4. Rem. Law. An instrument issued by
Since then, its membership was enlarged
a court of justice, or other competent tribu-
and its powers expanded by the 1973 and
nal, to authorize a person to take deposi-
1987 Consti.s. The Commission exercises
tions, or do any other act by authority of
not only administrative and quasi-judicial
such court or tribunal. [Dasmariñas Gar-
powers, but judicial power as well.
ments v. Reyes, GR 108229. Aug. 24,
1993]. 5. Comm. Law. A percentage or al- Commission on Higher Education (CHED).
lowance made to a factor or agent for trans- The governing body covering both public
acting business for another [People v. Sua and private higher education institutions as
Bok, 1 OG 689]. well as degree-granting programs in all ter-
tiary educational institutions in the Phils. The
Commission agent. An agent who is author-
CHED was established in May 18, 1994
ized to buy or sell for the principal personal
through RA 7722 or the Higher Education
property and for which purpose said per-
Act of 1994.
sonal property is placed in his possession.
[Diaz, Bus. Law Rev., 1991 Ed., p. 165]. Commission on Human Rights (CHR). An
See Factor. independent office created by the Consti. of
the Phils., with the primary function of inves-
Commission of another crime during ser-
tigating all forms of human rights violations
vice of penalty imposed for another of-
involving civil and political rights in the Phils.
fense. The commission by any person of a
felony after having been convicted by final Commission on the Filipino Language Act.
judgment, before beginning to serve such RA 7104 entitled ―An Act creating the Com-
sentence, or while serving the same. [Art. mission on the Filipino Language, prescrib-
160, RPC]. ing its powers, duties and functions, and for
other purposes‖ enacted on Aug. 14, 1991.
Commission on Appointments. The body
created under Sec. 18, Art. VI of the 1987 Commissioner. A person to whom a case
Consti. which acts on all appointments sub- pending in court is referred, for him to take
mitted to it [by the Exec. Dept.] within 30 testimony, hear the parties and report there-
session days of the Congress from their on to the court, and upon whose report, if
submission. It consists of the Pres. of the confirmed, judgment is rendered. Also called
Senate, as ex officio Chairman, 12 Sena- Referee.
tors, and 12 Members of the House of
Reps., elected by each House on the basis Commit. To send a person to prison, asylum,
of proportional representation from the polit- or reformatory by a court order.
ical parties or orgs. registered under the par- Commitment fee. A levy or charge imposed
ty-list system represented therein. by creditors on the undrawn amount of the
loan.
Commission on Audit (COA). It is not an
executive agency (but) is one of the 3 inde- Commitment or Surrender of a child. The
pendent constitutional commissions. It is legal act of entrusting a child to the care of
vested with the power and authority, and the DSWD or any duly licensed child place-
charged with the duty, to examine, audit and

170
ment agency or individual. [Art. 141, PD used or expended for projects specified in
603]. the loan documents.
Committee. Any body entrusted with specific Commodity treatment. Any form of treatment
functions and responsibilities under the by- applied to plants, plant products, and other
laws or resolution of the general assembly materials capable of harboring plant pests,
or the BoD. [Sec. 1, RA 9520]. for the purpose of destroying or eliminating
any infection or infestation caused by plant
Committee on Bar Discipline (CBD). The
pests. [Sec. 2, PD 1433].
committee of the IBP which is specifically
tasked with disciplining members of the Bar. Commodum ex injuria sua nemo habere
[Proposed Rule on Mandatory Legal Aid debet. Lat. No one ought to be a gainer by
Service for Practicing Lawyers, Sec. 4, BM his own wrong. [Ramos v. Central Bank, GR
2012, Feb. 10, 2009]. L-29352. Jan. 21, 1986].
Commixtion. The mixture of things, solid or Commodum ex injuria sua non habere
liquid, belonging to different owners, the debet. Lat. No person ought to derive any
mixture of liquids being more specifically advantage of his own wrong. [Communica-
called Confusion. [Tolentino, Civ. Code of tion Materials and Design, Inc. v. CA, GR
the Phils., Vol. II, Repr. 2001, p. 99]. 102223. Aug. 22, 1996].
Commodatum. A contract of loan whereby Common areas. Property owned or otherwise
one of the parties delivers to another, either maintained, repaired or administered in
something not consumable so that the latter whole or in part by the assoc. incl., but not
may use the same for a certain time and re- limited to, roads, parks, playgrounds and
turn it. [Art. 1933, CC]. Compare with Sim- open spaces as provided in PD 1216. [Sec.
ple loan. 3, RA 9904].
Commodity. A physical substance, such as Common areas and facilities. Portions of the
food, grains, and metals, which is inter- condominium property not included in the
changeable with another product of units. [GOAL, Inc. v. CA, GR 118822. July
the same type, and which investors buy 28, 1997]. Compare with Unit.
or sell, usu. through futures contracts.
Common carrier. Also Public carrier. Any
Commodity futures contract. An agreement transportation facility which publicly under-
to buy or sell a specified quantity and grade takes to transport persons or property for a
of a commodity at a future date at a price stated price and without restriction. [Torres,
established at the floor of the exchange. Oblig. & Cont., 2000 Ed., p. 348]. Compare
[Onapal Phils. Commodities, Inc. v. CA, GR with Private carrier.
90707. Feb. 1, 1993].
Common carrier. Requisites: A common car-
Commodity grants. Donations, contributions rier must: (a) be a person, corporation, firm
or gifts in kind received and which are sub- or assoc.; (b) be engaged in the business of
sequently monetized. The peso proceeds carrying or transporting passengers or
are thereafter deposited with the BTr to be goods or both; (c) undertake the carriage or
used or expended for projects specified in transport either be by land, water or air; (d)
the grant documents bet. the donor and the undertake its service for compensation; and
NG. (e) offer its service to the public.
Commodity loans. Foreign loans in the form Common carriers. Also Public carriers. Per-
of goods received which are subsequently sons, corps., firms or assocs. engaged in
monetized to finance programs and projects the business of carrying or transporting pas-
of implementing agencies. Peso proceeds sengers or goods or both, by land, water, or
are thereafter deposited with the BTr to be air, for compensation, offering their services

171
to the public. [Art. 1732, CC]. Compare with The law established by subject matter heard
Private carrier. in earlier cases. Also Case law.
Common expense. Costs incurred by the Common law crimes. Bodies of legal rules
assoc. to exercise any of the powers provid- and principles which are not based on stat-
ed for in RA 9904. [Sec. 3, RA 9904]. ute but on usages and traditions.
Common fund concept. A budgetary proce- Common law marriage. Usu. referred to as
dure whereby cash allocation released to Live-in Relationship, a union of 2 people
agencies may be used to cover payment of who agree to live together as man and wife
obligations made during the year, chargea- without the benefit of legal or formal cere-
ble against available allotment, regardless of mony. See Cohabitation.
source.
Common open markets. Also Palengke.
Common interest. The interest that will allow [Markets] with dry and wet sections, food-
parties to join in a bill of complaint, or that stalls, fruit and vegetable sections, etc.,
will enable the court to dispense with the where the retailers or market stall operators
presence of all the parties, when numerous, are lessees who pay fixed rents for the use
except a determinate number, is not only an of market space. [Cruz v. CA, GR L-44178.
interest in the question, but one in common Aug. 21, 1987].
in the subject Matter of the suit; x x x a
Common reputation. Reputation existing
community of interest growing out of the na-
previous to the controversy, respecting facts
ture and condition of the right in dispute.
of public or general interest more than 30
[Cited Sulo ng Bayan, Inc. v. Araneta, Inc.,
years old, or respecting marriage or moral
GR L-31061 Aug. 17, 1976].
character, which may be given in evidence.
Common knowledge. Things of which courts Monuments and inscriptions in public places
take judicial notice, [which] may be matters may be received as evidence of common
coming to the knowledge of men generally reputation. [Sec. 41, Rule 130, RoC].
in the course of the ordinary experiences of
Common share. 1. A share which entitles the
life, or may be matters which are generally
holder thereof to an equal pro rata division
accepted by mankind as true and are capa-
of the profits, if there are any, and in its as-
ble of ready and unquestioned demonstra-
sets upon dissolution, without any prefer-
tion. [State Prosecutors v. Muro, AM RTJ-
ence or advantage in that respect over other
92-876. Sep. 19, 1994].
stockholder or class of stockholders but
Common knowledge, Things of. Things equally with all stockholders except pre-
coming to the knowledge of men generally ferred stockholders. [De Leon, Corp. Code
in the course of the ordinary experiences of of the Phil. Annotated, 1989 Ed., p. 61]. 2.
life, or matters which are generally accepted The basic share in a company. Typically,
by mankind as true and are capable of common shares have voting rights and a pro
ready and unquestioned demonstration [of rata right to any dividends declared. They
which courts take judicial notice]. [Exper- differ from preferred which, by definition,
travel & Tours, Inc. v. CA, GR 152392, 26 carry some kind of right or privilege above
May 2005]. the common shares [e.g., 1st to receive any
dividends]. Compare with Preferred share.
Common law. 1. Judge-made law. The law
that exists and applies to a group on the ba- Common shares. Shares of stock that are
sis of historical legal precedents developed ordinarily and usually issued stocks without
over hundreds of years. Bec. it is not written extraordinary rights and privileges, and enti-
by elected politicians but, rather, by judges, tle the shareholder to a pro rata division of
it is also referred to as the Unwritten law. 2. profits. It represents the residual ownership
interest in the corp. The holders of this kind

172
of share have complete voting rights and the use of the residents of a municipality or
they cannot be deprived of the said rights city. [Sec. 4.1, DENR-DILG Joint Memo.
except as provided by law. Circ. 98-01].
Common staff support system. [It] embraces Communal irrigation system (CIS). An irriga-
the offices or units under the general cate- tion system that is managed by a bona fide
gories of development and management, Irrigators Assoc. [Sec. 4, RA 8435].
general govt. administration and internal
Communicate. In contracts of adhesion, like
administration. [Sec. 22(3), Admin. Code of
an insurance contract, to serve notice in
1987].
writing or to correspond and effectively
Common stock. A stock which represents the communicate with the assured.
residual ownership interest in the corp., a
Communication. 1. The act of sharing or
basic class of stock ordinarily and usu. is-
imparting, as in a conversation. The process
sued without extraordinary rights or privileg-
by which meanings or thoughts are shared
es that entitles the shareholders to only a
bet. individuals through a common system
pro rata division of profits.
of symbols (as language signs or gestures).
Commonwealth. A traditional English term for [Ramirez v. CA. GR 93833. Sep. 28, 1995].
a political community founded for the com- 2. The transmission of information through
mon good. Historically, it has sometimes ICT media, incl. voice, video and other
been synonymous with "Republic." forms of data. [Sec. 3, RA 10175].
Commonwealth Acts. Statutes enacted dur- Communication to the public of a perfor-
ing the Commonwealth period from 1936 to mance or a sound recording. The trans-
1946. [Suarez, Stat. Con., (1993), p. 42]. mission to the public, by any medium, oth-
erwise than by broadcasting, of sounds of a
Commonwealth of the Philippines. The his-
performance or the representations of
toric predecessor to the present-day Rep. of
sounds fixed in a sound recording. [Sec.
the Phils. From 1935 to 1946, the Phils. ex-
202, RA 8293].
isted as a commonwealth of the US. That
Commonwealth was created by theTydings- Communication to the public. The making of
McDuffie Act, which was passed by the US a work available to the public by wire or
Congress in 1934. When Manuel L. Que- wireless means in such a way that members
zon was inaugurated Pres. in 1935, he be- of the public may access these works from a
came the 1st Filipino to head a govt. of the place and time individually chosen by them.
Phils. [Art. 171, RA 8293].
Communal. Shared by all members of a Community. A group of people living together
community; for common use. in one place, esp. one practicing common
ownership.
Communal claims. Claims on land, resources
and rights thereon, belonging to the whole Community continuum. The aftercare of a
community within a defined territory. [Sec. 4, child in conflict with the law and is a pro-
RA 8371]. vides continuous guidance and support to
the child in conflict with the law upon release
Communal forest. 1. A tract of land set aside
from rehabilitation and subsequent reinte-
by the govt. for the use of the residents of a
gration into society. Community continuum
municipality from which said residents may
for the child includes timely release, suitable
cut, collect and remove forest products for
residence, food, clothing, available employ-
their personal use conformably with existing
ment and sufficient means to facilitate suc-
laws and regulations. 2. A tract of forest land
cessful reintegration in LGU and other ap-
set aside by the Sec. of the DENR upon the
propriate agencies. [Rule on Juveniles in
recommendation of the concerned LGU for

173
Conflict with The Law, AM 02-1-18-SC, Nov. gaged in the identification, analysis, treat-
24, 2009]. ment, monitoring and evaluation of disaster
risks in order to reduce their vulnerabilities
Community facilities. Facilities or structures
and enhance their capacities, and where the
intended to serve common needs and for
people are at the heart of decision-making
the benefit of the community, such as:
and implementation of disaster risk reduc-
neighborhood, multi-purpose center, health
tion and management activities. [Sec. 3, RA
center, drugstore, school, livelihood center,
10121].
etc. [Sec. 3, BP 220].
Community-based programs. The programs
Community Mortgage Program (CMP). A
provided in a community setting developed
socialized housing program which provides
for purposes of intervention and diversion,
for land acquisition by the occupying com-
as well as rehabilitation of the child in con-
munity assoc. based on the concept of
flict with the law, for reintegration into his/her
community ownership. It is being imple-
family and/or community. [Sec. 4, RA 9344].
mented through the Social Housing Finance
Corp. (SHFC), a subsidiary of the Natl. Commutation of leave credits, More com-
Home Mortgage Finance Corp. (NHMFC). monly known as Terminal leave. Commuta-
tion applied for by an officer or employee
Community of property. The holdings and
who retires, resigns or is separated from the
resources owned in common by a husband
service through no fault of his own. [Borro-
and wife. Also Community property.
meo v. CSC, GR 96032. July 31, 1991].
Community property. 1. It shall consist of all
Commutation of salary. Commutation applied
the property owned by the spouses at the
for by an employee during employment
time of the celebration of the marriage or
when he goes on ordinary leave. [Borromeo
acquired thereafter. [Art. 91, FC]. 2. It con-
v. CSC, GR 96032. July 31, 1991].
sists of all the property owned by the spous-
es at the time of the celebration of marriage Commutation of sentence. 1. The change in
or acquired thereafter, unless otherwise the sentence of the court made by the Pres.
provided by law or in marriage settlements. which consists in reducing the penalty im-
[CSC‘s Guidelines on the use of the rev. posed upon the offender. Such substitutes
SALN form]. the orig. penalty. [Gregorio, Fund. of Crim.
Law Rev., 1997 9th Ed., p. 323]. 2. The re-
Community property. Exceptions: (a) Proper-
duction of penalty imposed. Its object is the
ty acquired during the marriage by gratui-
rehabilitation of the criminal offender. [Lla-
tous title by either spouse, and the fruits as
mas v. Orbos, GR 99031. Oct. 15, 1991]. 3.
well as the income thereof, if any, unless it
The reduction of a sentence, as from death
is expressly provided by the donor, testator
to life imprisonment.
or grantor that they shall form part of the
community property; (b) property for per- Compact farmers. Those farmers with adjoin-
sonal and exclusive use of either spouse. ing farms operating as a single unit under
However, jewelry shall form part of the one management, farm plan and budget.
community property; (c) property acquired [Sec. 3, RA 10000].
before the marriage by either spouse who
Company. 1. A corp., a registered partnership,
has legitimate descendants by a former
or an assoc. lawfully transacting business in
marriage, and the fruits as well as the in-
the Phils. [Sec. 3, RA 2629]. 2. A legal enti-
come, if any, of such property. [Art. 92, FC].
ty, allowed by legislation, which permits a
Community-Based Disaster Risk Reduction group of people, as shareholders, to create
and Management (CBDRRM). A process of an org., which can then focus on pursuing
disaster risk reduction and management in set objectives, and empowered with legal
which at risk communities are actively en- rights which are usu. only reserved for indi-

174
viduals, such as to sue and be sued, own Comparative negligence doctrine. A legal
property, hire employees or loan and borrow principle under which the contribution of
money. Also known as a Corporation. concerned parties to the damage or injury
resulting from an accident is computed on
Company goodwill. The product of a corpo-
the basis of their individual degree of negli-
rate entity‘s reputation in the business
gence. If 2 parties are equally negligent, no
community brought about by the investment
compensation is paid.
and efforts of its stockholders and officers.
See also Business goodwill and Goodwill. Comparative responsibility. Also known as
Comparative fault in some jurisdictions. A
Company union. Any labor org. whose for-
doctrine of tort law that compares the fault of
mation, function or administration has been
each party in a law suit for a single injury.
assisted by any act defined as unfair labor
Fault is determined by examining how re-
practice by the Labor Code. [Art. 212, LC].
sponsible each party is for causing the inju-
Comparable motor vehicle. A motor vehicle ry, as distinct from examining how much
that is identical or reasonably equivalent to damage each party has directly caused. For
the motor vehicle to be replaced, in terms of instance, a car driver may swerve into an-
specifications and values, subject to availa- other lane, causing traffic behind him to pile
bility, as the motor vehicle existed at the up without the swerving car itself being in-
time of purchase: Provided, That there shall volved in a collision, causing damage to
be an offsetting from this value for reasona- several cars. Though the swerving driver
ble allowance for its use. [Sec. 3, RA has not directly caused any damage, he is
10642]. most at fault.
Comparative fault. A rule in maritime law Compassionate justice doctrine. The doc-
where each vessel involved in a collision is trine that the harsh provisions of law and the
required to pay a share of the total damages rigid rules of procedure may sometimes be
in proportion to its percentage of fault. See tempered and dispensed with to give room
also Proportionate fault. for compassion.
Comparative injury doctrine. A rule in equity Compelling interest test. A method for de-
which states that although a person is enti- termining the constitutionality of a statute
tled to injunctive relief, if the injury done to that restricts the practice of a fundamental
the respondent or the public would be dis- right or distinguishes bet. people due to a
proportionate, then injunctive relief must be suspect classification. In order for the stat-
denied. ute to be valid, there must be a compelling
governmental interest that can be furthered
Comparative negligence. 1. A principle of tort only by the law in question. See Strict scru-
law which looks at the negligence of the vic- tiny test.
tim and which may lead to either a reduction
of the award against the defendant, propor- Compendious. Containing or presenting the
tionate to the contribution of the victim's essential facts of something in a compre-
negligence, or which may even prevent an hensive but concise way.
award altogether if the victim's negligence,
Compendious substitution. Succ. 1. The
when compared with the defendant, is equal
substitution of one person for 2 or more
to or greater in terms or contributing to the
heirs. 2. Kind of substitution where one per-
situation which caused the injury or damage.
son is designated to take the place of 2 or
2. The rule under which negligence is
more heirs. [Art. 860, CC].
measured by percentage, and damages are
diminished in proportion to the amount of Compensable. For which compensation can
negligence attributable to the person seek- be obtained.
ing recovery.

175
Compensable disease. Any illness accepted the complaint, and may be used to offset a
and listed by the Employees' Compensation plaintiff‘s claim but not to recover affirma-
Com-mission (ECC) or any illness caused tively. [Korea Exchange Bank v. Gonzales,
by the employment subject to proof by the GR 142286-87. Apr. 15, 2005]. 2. A counter-
employee that the risk of contracting the demand which a defendant holds against a
same was increased by the working condi- plaintiff, arising out of a transaction extrinsic
tions. [Rodriguez v. ECC, GR 46454. Sep. of plaintiff's cause of action, the object of
28, 1989]. which is to liquidate the whole or a part of
plaintiff's demand, according to the amount
Compensable illness. It may be: a) any ill-
of the set-off, and like the modern recoup-
ness definitely accepted as an occupational
ment is in the nature of a cross action.
disease listed by the Employees‘ Compen-
[Lopez v. Gloria, GR L-13846 Aug. 30,
sation Commission, or b) any illness caused
1919].
by employment, subject to proof that the risk
of contracting the same is increased by Compensatio morae. Lat. Delay committed
working conditions. [Sierra v. GSIS, GR by both parties in reciprocal obligations. [Di-
50954. Feb. 8, 1989]. az, Bus. Law Rev., 1991 Ed., p. 6].
Compensable injury. Any harmful change in Compensation. 1. Labor. The basic pay or
the human organism from any accident aris- salary received by an employee, pursuant to
ing out of and in the course of the employ- his employment or appointment, excl. per
ment. [Honoguin v. ECC, GR 84307. Apr. diems, bonuses, overtime pay, and allow-
17, 1989]. ances. [Sec. 2, PD 1146]. 2. Civ. Law. It
takes place when 2 persons, in their own
Compensable sickness. Any illness definitely
right, are creditors and debtors of each oth-
accepted as an occupational disease listed
er. [Art. 1278, CC].
by the Commission, or any illness caused by
employment subject to proof by the employ- Compensation. Civ. Law. It takes place when
ee that the risk of contracting the same is 2 persons, in their own right, are creditors
increased by the working conditions. [PD and debtors of each other. [Art. 1278, CC].
626, as amended].
Compensation. Civ. Law. Kinds: (a) Total
Compensable taking. There is compensable when both obligations are of the same
taking when the following conditions concur: amount and are entirely extinguished; (b)
(a) the expropriator must enter a private partial when the 2 obligations are of different
property; (b) the entry must be for more than amounts and the 2 obligations will be extin-
a momentary period; (c) the entry must be guished only as to the concurrent amounts;
under warrant or color of legal authority; (d) (c) legal when it takes place by operation of
the property must be devoted to public use law even without the knowledge of the par-
or otherwise informally appropriated or inju- ties; (d) voluntary when it takes place by
riously affected; and (e) the utilization of the agreement of the parties; and (e) judicial
property for public use must be in such a when it takes place by order of court in a liti-
way as to oust the owner and deprive him of gation. [Diaz, Bus. Law Rev., 1991 Ed., p.
beneficial enjoyment of the property. [Assoc. 52].
of Small Landowners in the Phil. v. Sec. of
Compensation. Civ. Law. Requisites: In order
Agrarian Reform, GR 78742. July 14, 1989].
that compensation may be proper, it is nec-
Compensacion. Sp. Also known as Set-off. 1. essary: (a) that each one of the obligors be
A money demand by the defendant against bound principally, and that he be at the
the plaintiff arising upon contract and consti- same time a principal creditor of the other;
tuting a debt independent of and uncon- (b) that both debts consist in a sum of mon-
nected with the cause of actions set forth in ey, or if the things due are consumable, they

176
be of the same kind, and also of the same stand the nature of the proceedings and
quality if the latter has been stated; (c) that have the ability to assist their lawyers.
the 2 debts be due; (d) that they be liquidat-
Competent evidence. Evidence not excluded
ed and demandable; (e) that over neither of
by law in a particular case. [Francisco, Evi-
them there be any retention or controversy,
dence, Vol. VII, Part 1, 1997 Ed., p. 6].
commenced by 3rd persons and communi-
cated in due time to the debtor. [Art. 1279, Competent Evidence of Identity. The identi-
CC]. fication of an individual based on: (a) at
least one current identification document is-
Compensation and Position Classification
sued by an official agency bearing the pho-
Act of 1989. RA 6758 entitled ―An Act pre-
tograph and signature of the individual; or
scribing a revised compensation and posi-
(b) the oath or affirmation of one credible
tion classification system in the govt. and for
witness not privy to the instrument, docu-
other purposes‖ enacted on Aug. 21, 1989.
ment or transaction who is personally known
Also known as Salary Standardization Act.
to the notary public and who personally
Compensation or Pay system. A system for knows the individual, or of 2 credible wit-
determining rates of pay for positions and nesses neither of whom is privy to the in-
employees based on equitable principles to strument, document or transaction who each
be applied uniformly to similar cases. It con- personally knows the individual and shows
sists, among others, of the Salary and Wage to the notary public documentary identifica-
Schedules for all positions, and the rules tion. [Sec. 12, Rule II, AM 02-8-13-SC].
and regulations for its administration. [Sec.
Competent person. One possessed of or
3, PD 985].
characterized by marked or sufficient apti-
Compensatory. Providing, effecting, or aiming tude, skill, strength, or knowledge. [Re:
at compensation, in particular. Anonymous Letter-Complaint v. Hon.
Runes-Tamang, AM MTJ-04-1558. Apr. 7,
Compensatory damages. A definite sum of
2010].
money awarded to the plaintiff by a court as
fair and just recompense for injury sustained Competition. A struggle for advantage bet. 2
to a person, property or even reputation. or more forces, each possessing, in sub-
[Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. stantially similar if not identical degree, cer-
Money to be paid for the cost of the injury tain characteristics essential to the business
suffered. See Actual damages. sought. It means an independent endeavor
of 2 or more persons to obtain the business
Compensatory interest. Interest as damages
patronage of a 3rd by offering more advan-
for delay in payment (from date of demand
tageous terms as an inducement to secure
to date of payment). [Reins. Co. of the Ori-
trade. The test must be whether the busi-
ent, Inc. v. CA, GR L-61250. June 3, 1991].
ness does in fact compete, not whether it is
Compare with Monetary interest.
capable of an indirect and highly unsubstan-
Competence. The quality or state of being tial duplication of an isolated or non charac-
functionally adequate or having sufficient teristic activity. [Gokongwei v. SEC, GR L-
knowledge, judgment, skill, or strength. [Re: 45911. Apr. 11, 1979].
Anonymous Letter-Complaint v. Hon.
Competitive. Having or displaying a strong
Runes-Tamang, AM MTJ-04-1558. Apr. 7,
desire to be more successful than others.
2010].
Competitive advantage. Competitive edge in
Competency. A witness's ability to observe,
terms of product quality and/or price. It like-
recall and recount under other what hap-
wise refers to the ability to produce a prod-
pened. Criminal defendants must also be
uct with the greatest relative efficiency in the
competent to stand trial; they must under-
use of resources. [Sec. 4, RA 8435].

177
Competitive bidding. A method of procure- may result from all of them taken jointly.‖
ment which is open to participation by any [PBCom v. Lim, GR 158138, Apr. 12, 2005].
interested party and which consist of the fol-
Complementary food. Any food, whether
lowing processes: advertisement, pre-bid
manufactured or locally prepared, suitable
conference, eligibility screening of bids,
as a complement to breastmilk or to infant
evaluations of bids, post-qualification, and
formula, when either becomes insufficient to
award of contract, the specific requirements
satisfy the nutritional requirements of the in-
and mechanics of which shall be defined in
fant. Such food is also commonly called
the IRR to be promulgated under RA 9184.
weaning food or breastmilk supplement.
[Sec. 5, RA 9184].
[Sec.4, EO 51, Oct. 20, 1986].
Complainant. The party who complains or
Complete. Having all needed parts, elements
sues; one who applies to the court for legal
or details. Thoroughly wrought out or fin-
redress.
ished.
Complaint. Rem. Law. 1. A concise statement
Complete appointment. Admin. Law. 1. [An
of the ultimate facts constituting the plain-
appointment that is deemed complete] when
tiff's cause or causes of action. It shall
the commission is signed by the executive,
specify the relief sought, but it may add a
and sealed if necessary, and is ready to be
general prayer for such further or other relief
delivered or transmitted to the appointee.
as may be deemed just or equitable. The
[Corpuz v. CA, GR 123989 Jan. 26, 1998].
names and residences of the parties plaintiff
2. Appointment (which) becomes complete
and defendant must be stated in the com-
when the last act required of the appointing
plaint. [Sec. 3, Rule 6, RoC]. Crim Proc. 2. A
power is performed. [Lira v. CSC, GR L-
sworn written statement charging a person
62133. Sep. 30, 1986].
with an offense, subscribed by the offended
party, any peace officer or other public of- Complete defense. A factual circumstance or
ficer charged with the enforcement of the argument that, if proven, will end the litiga-
law violated. [Sec. 3, Rule 110, RoC]. tion in favor of the defendant. Also Absolute
defense.
Complementarity of contract or “Contracts
construed together” principle. The Completeness doctrine. The doctrine holding
principle that the implementing agreement that a dying declaration to be admissible
cannot vary the main agreement of which it must be complete in itself. To be complete
is a part. in itself does not mean that the declarant
must recite everything that constituted the
Complementary. Completing; forming a com-
res gestae of the subject of his statement,
plement.
but that his statement of any given fact
Complementary contracts construed to- should be a full expression of all that he in-
gether doctrine. The principle acc. to which tended to say as conveying his meaning in
an accessory contract must be read in its respect of such fact. [People v. De Joya, GR
entirety and together with the principal 75028, Nov. 8, 1991].
agreement. This principle is used in constru-
Completeness of service. Personal service is
ing contractual stipulations in order to arrive
complete upon actual delivery. Service by
at their true meaning; certain stipulations
ordinary mail is complete upon the expira-
cannot be segregated and then made to
tion of 10 days after mailing, unless the
control. This no-segregation principle is
court otherwise provides. Service by regis-
based on Art. 1374 of the Civ. Code, which
tered mail is complete upon actual receipt
[provides:] ―The various stipulations of a
by the addressee, or after 5 days from the
contract shall be interpreted together, attrib-
date he received the 1st notice of the post-
uting to the doubtful ones that sense which

178
master, whichever date is earlier. [Sec. 10, Complex subdivision plan. A subdivision
Rule 13, RoC]. plan of a registered land wherein a street,
passageway or open space is delineated on
Completeness test. The test to determine
the plan. [Sec. 2, PD 957].
whether or not there is a valid delegation of
legislative power under which the law must Complex transactions. Requests or applica-
be complete in all its terms and conditions tions submitted by clients of a govt. office
when it leaves the legislature such that which necessitate the use of discretion in
when it reaches the delegate the only thing the resolution of complicated issues by an
he will have to do is enforce it. [Eastern officer or employee of said govt. office, such
Shipping Lines, Inc. v. POEA, GR L-76633. transaction to be determined by the office
Oct. 18, 1988]. Compare with Sufficient concerned. [Sec. 4, RA 9485]. Compare
standard test. with Simple transactions.
Complex. A whole made up of complicated or Complicated cataract. A cataract caused by
interrelated parts. disease of the uveal tract, pigmentary retinal
degeneration, absolute glaucoma, retinal
Complex crime. 1. The crime that results (a)
detachment and old injuries. [Jarillo v. ECC,
when a single act constitutes 2 or more
GR L-52058. Feb. 25, 1982].
grave or less grave felonies, or (b) when an
offense is a necessary means for commit- Complimentary. Given or supplied free of
ting the other. [People v. Carandang, GR L- charge.
31012. Aug. 15, 1973]. 2. [A crime consist-
Complimentary list. A list of alternative drugs
ing of] 2 or more crimes actually committed
used when there is no response to the core
[but which] constitute only one crime in the
essential drug or when there is a hypersen-
eyes of the law, as well as in the conscience
sitivity reaction to the core essential drug or
of the offender. Hence, there is only one
when, for one reason or another, the core
penalty imposed for the commission of a
essential drug cannot be given. [Sec. 3, RA
complex crime. It has 2 kinds: the 1st is
6675].
known as Compound crime [and] the 2nd
is known as Complex crime proper. [Peo- Compos mentis. Lat. Sound mind. Having
ple v. Elarcosa, GR 186539. June 29, 2010]. use and control of one‘s mental faculties.
Complex crime proper. Also Delito comple- Composicion con el estado. Sp. 1. Title or
jo. An offense [which] is a necessary means adjustment title. [Dir. of Forestry v. Muñoz,
for committing the other. [People v. Elarco- GR L-25459. June 28, 1968]. 2. One of the
sa, GR 186539. June 29, 2010]. Compare 5 forms of royal concessions upon which
with Compound crime. private ownership of land under the Spanish
regime could be founded, the others being:
Complex emergency. A form of human-
(a) titulo real or royal grant; (b) concesion
induced emergency in which the cause of
especial or special grant; (c) titulo de com-
the emergency as well as the assistance to
pra or title by purchase; and (d) informacion
the afflicted IS complicated by intense level
posesoria or possessory information title.
of political considerations. [Sec. 3, RA
[Sec. Of DENR v. Mayor Yap, GR 167707,
10121].
Oct. 8, 2008].
Complex penalty. A penalty prescribed by law
Composite. Made up of various parts or ele-
composed of 3 distinct penalties each form-
ments.
ing a period, the lightest of which shall be
the minimum, the next shall be the medium, Composite crime. Crim. Law. [A crime] com-
and the most severe, the maximum. [Gre- posed of 2 or more crimes that the law
gorio, Fund. of Crim. Law Rev., 1997 9th treats as a single indivisible and unique of-
Ed., p. 284]. fense for being the product of a single crimi-

179
nal impulse. It is a specific crime with a spe- shall, by mixing such spirits, wine, or other
cific penalty provided by law, and differs liquor with any materials except water, man-
from a compound or complex crime under ufacture any intoxicating beverage whatev-
Art. 48 of the Rev. Penal Code. [People v. er. [Sec. 1, PD 426].
Villaflores, GR 184926, Apr. 11, 2012]. See
Comprehensive. Complete; incl. all or nearly
Special complex crime.
all elements or aspects of something.
Composite state. It consists of 2 or more
Comprehensive Agrarian Reform Law
states, each with its own separate govt. but
(CARL). RA 6657 entitled ―An Act instituting
bound under one central authority exercising
a Comprehensive Agrarian Reform Program
to a greater or less extent control over their
to promote social justice and industrializa-
external relations and thus forming a sepa-
tion, providing the mechanism for its imple-
rate intl. person. [Cruz, Intl. Law Reviewer,
mentation, and for other purposes‖ enacted
1996 Ed., p. 12]. Compare with Simple
on June 10, 1988.
state.
Comprehensive Agrarian Reform Program
Composition. The action of putting things
(CARP). A state policy that ensures and
together; formation or construction.
promotes the welfare of landless farmers
Composition in insolvency. An agreement and farm workers, as well as elevation of
whereby the creditors of an insolvent agree social justice and equity among rural areas.
accept a certain percentage of their claims CARP was established by the Comprehen-
in full settlement of such claims. It is method sive Agrarian Reform Law of 1988 (CARL)
of dividing the estate of the insolvent among which aimed for equitable land ownership
his creditors. [Sec. 63, Act 1956, Insolvency and empowered agrarian reform beneficiar-
Act]. ies while improving social lives.
Compound. Made up or consisting of several Comprehensive and Integrated Shelter Fi-
parts or elements, in particular. nancing Act (CISFA) of 1994. RA 7835 en-
titled ―An Act Providing for a Comprehensive
Compound crime. Also Delito compuesto. A
and Integrated Shelter and Urban Develop-
single act [which] constitutes 2 or more
ment Financing Program by Increasing and
grave or less grave felonies. [People v.
Regularizing the Yearly Appropriation of the
Elarcosa, GR 186539. June 29, 2010].
Major Components of the Natl. Shelter Pro-
Compare with Complex crime proper.
gram, Incl. the Abot-Kaya Pabahay Fund
Compound interest. Interest upon interest, Under RA 6846, Augmenting the Authorized
where accrued interest is added to the prin- Capital Stock and Paid-Up Capital of the
cipal sum, and the whole treated as a new NHMFC and the HIGC [now HGC], Identify-
principal, for the calculation of the interest ing Other Sources of Funding and Appropri-
for the next period. [Martin, Commentaries ating Funds for the Purposes‖ enacted on
and Jurisp. on Comml. Laws, Vol. 1, 1988 Dec. 16, 1994.
Rev. Ed., p. 415]. Compare with Simple in-
Comprehensive Emergency Obstetric and
terest.
Newborn Care (CEMONC). Lifesaving ser-
Compound penalty. An act punishable by 2 vices for emergency maternal and newborn
or more penalties, as where the law pro- conditions/complications as in Basic Emer-
vides that both fine and imprisonment must gency Obstetric and Newborn Care plus the
be imposed. Thus, the law gives no discre- provision of surgical delivery [caesarian sec-
tion to impose an alternative or only one tion] and blood bank services, and other
penalty. highly specialized obstetric interventions. It
also includes emergency neonatal care
Compounder. Every person who, without
which includes at the minimum: newborn re-
rectifying, purifying or refining distilled spirits

180
suscitation, treatment of neonatal sepsis infirm is 5 days. [Dept. Advisory 22 (DOLE), s.
fection, oxygen support, and antenatal ad- 2004].
ministration of (maternal) steroids for threat-
Compromis. A formal agreement bet. 2 or
ened premature delivery. [Sec. 4, RA
more countries setting forth the terms and
10354].
conditions of an arbitration bet. them. Also
Comprehensive Firearms and Ammunition Compromis d’ arbitrage.
Regulation Act. RA 10591 entitled ―An Act
Compromis d’ arbitrage. Intl. Law. An
Providing for a Comprehensive Law on
agreement to submit a dispute to an arbitra-
Firearms and Ammunition and Providing
tion or judicial settlement. [Coquia and San-
Penalties for Violations Thereof‖ enacted on
tiago, Intl. Law, 3rd Ed. (1998), p. 492].
May 29, 2013.
Compromise. 1. A contract whereby the par-
Comprehensive Land Use Plan (CLUP). A
ties, by making reciprocal concessions,
document accompanied by maps and simi-
avoid a litigation or put an end to one al-
lar illustrations, which represent the com-
ready commenced. [Art. 2028, CC]. 2. An
munity-desired pattern of population distri-
agreement bet. 2 or more persons, who, for
bution and proposal for the future allocation
preventing or putting an end to a lawsuit, ad-
of land for various land use activities. It
just their difficulties by mutual consent in the
identifies the allocation, character and ex-
manner which they agree on, and which
tent of the area‘s land resources to be used
everyone of them prefers to the hope of
for different purposes and includes the pro-
gaining, balanced by the danger of losing.
cess and the criteria employed in the deter-
[David v. CA, GR 97240 Oct. 16, 1992].
mination of the land‘s use. [Sec. 2.4, DAR
AO 01-02] Compulsion. The action or state of forcing or
being forced to do something; constraint.
Comprehensive newborn screening sys-
tem. A newborn screening system that in- Compulsion of irresistible force. Such force
cludes, but is not limited to, education of rel- exerted that reduced a person to a mere in-
evant stakeholders; collection and biochem- strument who acted not only without will but
ical screening of blood samples taken from against his will. The compulsion must be of
newborns; tracking and confirmatory testing such character as to leave the accused no
to ensure the accuracy of screening results; opportunity for self-defense in equal combat
clinical evaluation and biochemical or medi- or for escape. [People v. De Los Reyes, GR
cal confirmation of test results; drugs and 44112. Oct. 22, 1992].
medical or surgical management and dietary
Compulsory. Obligatory.
supplementation to address the heritable
conditions; and evaluation activities to as- Compulsory arbitration. A system whereby
sess long term outcome, patient compliance the parties to a dispute are compelled by the
and quality assurance. [Sec. 4, RA 9288]. govt. to forego their right to strike and are
Compressed work week (CWW). An energy- compelled to accept the resolution of their
dispute through arbitration by a 3rd party.
saving labor productivity scheme which pro-
vides for an alternative arrangement where- [Luzon Devt. Bank v. Assoc. of Luzon Devt.
by the normal workweek is reduced to less Bank Employees, GR 120319. Oct. 6, 1995].
than 6 days but the total number of normal Compare with Voluntary arbitration.
work hours per week shall remain at 40 or Compulsory counterclaim. 1. A counterclaim
48 hours, as the case may be. The normal which, being cognizable by the regular
workday is increased to more that 8 hours courts of justice, arises out of or is connect-
without corresponding overtime premium. ed with the transaction or occurrence consti-
This scheme can be adjusted accordingly in tuting the subject matter of the opposing
cases where the normal workweek of the party's claim and does not require for its ad-

181
judication the presence of 3rd parties of no final determination can be had of an ac-
whom the court cannot acquire jurisdiction. tion. [Sec. 7, Rule 3, RoC].
Such a counterclaim must be within the ju-
Compulsory license. A license issued by the
risdiction of the court both as to the amount
Dir. Gen. of the IPO to exploit a patented in-
and the nature thereof, except that in an
vention without the permission of the patent
orig. action before the RTC, the counter-
holder, either by manufacture or through
claim may be considered compulsory re-
parallel importation. [Sec. 4, RA 9502].
gardless of the amount. [Sec. 7, Rule 6,
RoC]. 2. A counterclaim which arises out of Compulsory motor vehicle liability insur-
or is necessarily connected with the transac- ance. 1. A species of compulsory insurance
tion or occurrence that is the subject matter which provides for protection coverage that
of the opposing party's claim, does not re- will answer for legal liability for losses and
quire for its adjudication the presence of 3rd damages that may be sustained by another
parties over whom the court cannot acquire arising from the use and operation of motor
jurisdiction, and the court has jurisdiction to vehicle by its owner. [Sec. 373, IC, as
entertain the claim. [Co v. CA, GR 93687. amended by PD 1455 and 1814]. 2. It is
May 6, 1991]. Compare with Permissive primarily intended to provide compensation
counterclaim. for the death or bodily injuries suffered by
innocent 3rd parties or passengers as a re-
Compulsory counterclaim. Requisites: (a) It
sult of a negligent operation and use of mo-
arises out of, or is necessarily connected
tor vehicles. The victims and/or their de-
with, the transaction or occurrence which is
fendants are assured of immediate financial
the subject matter of the opposing party's
assistance, regardless of the financial ca-
claim; (b) it does not require for its adjudica-
pacity of motor vehicle owners. [Shafer v.
tion the presence of 3rd parties over whom
RTC of Olongapo City, GR 78848. Nov. 14,
the court cannot acquire jurisdiction; and (c)
1988]. Also 3rd party liability or TPL.
the court has jurisdiction to entertain the
claim. [Javier v. IAC, GR 75379 Mar. 31, Compulsory pilotage. Mar. Law. A marine
1989]. Compare with Permissive counter- rule that no ship or vessel can come in or go
claim. out of a pier unless it is commanded by a pi-
lot.
Compulsory heirs. Also Forced heirs. The
following are compulsory heirs: (a) Legiti- Compulsory recognition of natural children.
mate children and descendants, with re- Sometimes also called Judicial recognition
spect to their legitimate parents and as- of natural children. Recognition decreed
cendants; (b) in default of the foregoing, le- by final judgment of a competent court. It is
gitimate parents and ascendants, with re- governed by Art. 283 and 284 [of the Civ.
spect to their legitimate children and de- Code], setting forth the cases in which the
scendants; (3) the widow or widower; (d) il- father or mother, respectively, is obliged to
legitimate children. [Art. 887, CC, as recognize a natural child, and Art. 285,
amended by FC]. providing that generally, the action for
recognition of natural children may be
Compulsory HIV testing. HIV testing imposed
brought only during the lifetime of the pre-
upon a person attended or characterized by
sumed parents. [Gapusan-Chua v. CA, GR
the lack of or vitiated consent, use of physi-
46746. Mar. 15, 1990]. Compare with Vol-
cal force, intimidation or any form of com-
untary recognition. of natural children.
pulsion. [Sec. 4, RA 8504].
Computer. 1. An electronic, magnetic, optical,
Compulsory joinder of indispensable par-
electrochemical, or other data processing or
ties. The joinder, either as plaintiffs or de-
communications device, or grouping of such
fendants, of parties in interest without whom
devices, capable of performing logical,

182
arithmetic, routing, or storage functions and Computer virus. A software program capable
which includes any storage facility or of reproducing itself and usu. capable of
equipment or communications facility or causing great harm to files or other pro-
equipment directly related to or operating in grams on the same computer.
conjunction with such device. It covers any
Computerized election system. A system
type of computer device incl. devices with
using electronic devices to count and can-
data processing capabilities like mobile
vass votes. [Sec. 2, RA 8046].
phones, smart phones, computer networks
and other devices connected to the internet. Computer-related forgery. (i) The input, al-
[Sec. 3, RA 10175]. 2. Any device or appa- teration, or deletion of any computer data
ratus singly or interconnected which, by without right resulting in inauthentic data
electronic, electro-mechanical, optical with the intent that it be considered or acted
and/or magnetic impulse, or other means upon for legal purposes as if it were authen-
with the same function, can receive, record, tic, regardless whether or not the data is di-
transmit, store, process, correlate, analyze, rectly readable and intelligible; or (ii) The act
projects, retrieve, and/or produce infor- of knowingly using computer data which is
mation, data, text, graphics, figures, voice, the product of computer-related forgery as
video, symbols or other modes of expres- defined herein, for the purpose of perpetuat-
sion or perform any one or more of these ing a fraudulent or dishonest design. [Sec.
functions. [Sec. 5, RA 8792]. 4, RA 10175].
Computer data. Any representation of facts, Computer-related fraud. The unauthorized
information, or concepts in a form suitable input, alteration, or deletion of computer da-
for processing in a computer system incl. a ta or program or interference in the function-
program suitable to cause a computer sys- ing of a computer system, causing damage
tem to perform a function and includes elec- thereby with fraudulent intent. [Sec. 4, RA
tronic documents and/or electronic data 10175].
messages whether stored in local computer
systems or online. [Sec. 3, RA 10175]. Computer-related identity theft. The inten-
tional acquisition, use, misuse, transfer,
Computer program. A set of instructions exe- possession, alteration or deletion of identify-
cuted by the computer to achieve intending information belonging to another,
ed0020results. [Sec. 3, RA 10175]. whether natural or juridical, without right.
[Sec. 4, RA 10175].
Computer set. A set of equipment containing
regular components, i.e., monitor, CPU, Con abuso de confianza. Sp. With abuse of
keyboard and printer. [Sec. 2, RA 8436; confidence. [US v. Chu Chang, GR L-2307
Sec. 2, RA 8046]. Apr. 9, 1906].
Computer system. Any device or group of Con animo de lucro. Sp. With intent to gain.
interconnected or related devices, one or [US v. Alabot, GR 13052. Oct. 4, 1918].
more of which, pursuant to a program, per-
Conation. The mental faculty of purpose, de-
forms automated processing of data. It co-
vers any type of device with data processing sire, or will to perform an action; volition.
capabilities incl., but not limited to, comput- Conation or Disorders of volition. Legal
ers and mobile phones. The device consist- Med. An uncontrollable and irresistible
ing of hardware and software may include command to do or not to do something.
input, output and storage components which [Olarte, Legal Med., 1st Ed. (2004), p. 150].
may stand alone or be connected in a net-
work or other similar devices. It also in- Concealment. Ins. 1. A neglect to communi-
cludes computer data storage devices or cate that which a party knows and ought to
media. [Sec. 3, RA 10175]. communicate. [Sec. 26, IC]. 2. The act of

183
purposefully not reporting information that Concession. Synonymous with Alienation
would affect the issuance or rate of an in- and Disposition. Any of the methods au-
surance contract. Compare with Misrepre- thorized by CA 141 for the acquisition,
sentation. lease, use, or benefit of the lands of the
public domain other than timber or mineral
Concealment. Ins. Requisites: (a) A party
lands. [Sec. 10, CA 141, as amended].
knows a fact which he neglects to communi-
cate or disclose to the other; (b) such party Concession contract. The award by the govt.
concealing is duty bound to disclose such to a qualified private entity of the responsi-
fact to the other; (c) such party concealing bility for financing, operating, expanding,
makes no warranty as to the fact concealed; maintaining and managing specific govt.-
and (d) the other party has not the means of owned assets. [Sec. 4, RA 9136].
ascertaining the fact concealed.
Concession theory or Fiat theory. The theo-
Conceive. To become pregnant with a child. ry espousing that a corp., as known to Phil.
jurisprudence, is a creature without any ex-
Conceived child. A [fetus which is] consid-
istence until it has received the imprimatur
ered born for all purposes that are favorable
of the state acting acc. to law, through the
to it, provided it be born later with the condi-
SEC. [Tayag v. Benguet Consolidated, GR
tions specified in Art. 41 of the Civ. Code.
L-23145. Nov. 29, 1968]. Phil. jurisprudence
[Art. 40, CC].
adopted this theory as the underlying basis
Conception. The formation of a viable zygote for the existence and powers of corporate
by the union of the male sperm and female entities.
ovum; fertilization.
Concessionaire. The person to whom a con-
Conception period. Legally, in a normal child, cession has been granted or awarded under
the period falling on first 120 days of the 300 the provision of PD 1219. [Sec. 3, PD 1219].
days preceding the birth of the child.
Conciliation. From Lat. Conciliare: To call or
Concerted. Jointly arranged, planned, or car- bring together. 1. A form of alternative dis-
ried out; coordinated. pute resolution in which the parties bring
their dispute to a neutral 3rd party, who
Concerted activity. Labor. A joint undertaking helps lower tensions, improve communica-
of workers designed to secure better terms tions, and explore possible solutions. Concil-
and conditions of employment through the
iation is similar to mediation, but is may be
machinery of collective bargaining and ne- less formal. 2. The process by which an im-
gotiations for their mutual benefit and pro- partial 3rd party makes an independent in-
tection. [Poquiz, Labor Rel. Law, 1999 Ed.
vestigation and suggests a solution to a dis-
p. 237]. pute.
Concesion especial. Sp. Special grant. [Dir. Conclusion. 1. The close of a plea or deed. 2.
of Forestry v. Muñoz, GR L-25459. June 28, A judgment or decision reached after delib-
1968]. 2. One of the 5 forms of royal con- eration. 3. The proposition concluded from
cessions upon which private ownership of
one or more premises; a deduction.
land under the Spanish regime could be
founded, the others being: (a) titulo real or Conclusion of law. A proposition not arrived
royal grant; (b) composicion con el estado or at by any process of natural reasoning from
adjustment title; (c) titulo de compra or title a fact or combination of facts stated but by
by purchase; and (d) informacion posesoria the application of the artificial rules of law to
or possessory information title. [Sec. Of the facts pleaded [Siquian v. People, GR
DENR v. Mayor Yap, GR 167707, Oct. 8, 82197. Mar. 13, 1989].
2008].

184
Conclusive. Serving to prove a case; convinc- by the judgment therein and cannot again
ing. be litigated bet. the parties and their privies,
whether or not the claim, demand, purpose,
Conclusive evidence. Evidence which is
or subject matter of the 2 actions is the
incontrovertible or one which the law does
same. [Antonio v. Sayman Vda. de Monje,
not allow to be contradicted. Compare with
GR 149624, 29 Sep. 2010].
Prima facie evidence.
Concordat. Intl. Law. An agreement by the
Conclusive presumption. Evid. A presump-
Pope with heads of States on ecclesiastical
tion where no contrary evidence is admitted.
affairs. [Coquia and Santiago, Intl. Law, 3rd
[Diaz, Bus. Law Rev., 1991 Ed., p. 9]. Also
Ed. (1998), p. 492].
Presumption juris et de jure. Compare
with Disputable presumption. Concubinage. Crim. Law. The felony commit-
ted by any husband who shall keep a mis-
Conclusive testimony. Evid. Generally, tes-
tress in the conjugal dwelling, or shall have
timony which stands uncontradicted.
sexual intercourse, under scandalous cir-
Conclusiveness of judgment. Rem. Law. 1. cumstances, with a woman who is not his
A concept under the doctrine of res judicata wife, or shall cohabit with her in any other
which states that a fact or question which place. [Art. 334, RPC].
was in issue in a former suit and was there
Concubine. A mistress or women who lives or
judicially passed upon and determined by a
cohabits with a man as though he were her
court of competent jurisdiction, is conclu-
husband. [De Leon v. Villanueva, GR
sively settled by the judgment therein as far
27738. Mar. 13, 1928].
as the parties to that action and persons in
privity with them are concerned and cannot Concurrence. Agreement of results or opin-
be again litigated in any future action bet. ions.
such parties or their privies, in the same
Concurrence of credits. This situation oc-
court or any other court of concurrent juris-
curs, usu. in an insolvency proceeding,
diction on either the same or different cause
when the same specific property of the
of action, while the judgment remains unre-
debtor or all of his property is being claimed
versed by proper authority. [Calalang v.
by several creditors.
Register of Deeds of Quezon City, GR L-
76265 Mar. 11, 1994]. 2. It is governed by Concurrent. Existing, happening, or done at
Rule 39, Sec. 47(c) of the Rules of Court. the same time.
[Kilosbayan v. Morato, GR 118910. July 17,
1995]. Also Collateral estoppel or Preclu- Concurrent jurisdiction. 1. That which is
possessed over the same parties or subject
sion of issues.
matter at the same time by 2 or more sepa-
Conclusiveness of judgment doctrine. Rem. rate tribunals. [Puse v. Santos-Puse, GR
Law. [A concept of res judicata holding that] 183678, Mar. 15, 2010]. 2. The jurisdiction
where there is identity of parties in the first of 2 or more courts, each authorized to deal
and 2nd cases, but no identity of causes of with the same subject matter.
action, the first judgment is conclusive only
as to those matters actually and directly Concurrent proximate cause theory. Ins.
controverted and determined and not as to Where 2 proximate causes concurred in
matters merely involved therein. Stated dif- causing an injury, one of which is insured
ferently, any right, fact or matter in issue di- against, the insurer is liable under the policy
irrespective of the eventuality that there is
rectly adjudicated or necessarily involved in
the determination of an action before a another concurrent or proximate cause
competent court in which judgment is ren- which constitutes an uncovered risk.
dered on the merits is conclusively settled

185
Concurrent Resolution. A Resolution passed future and uncertain fact or event upon the
by both chambers of the legislature. [Sua- fulfillment of which a juridical act is made to
rez, Stat. Con., (1993), p. 59]. depend. [Jurado, Comments & Jurisp. on
Succ., 1991 8th Ed., p. 209].
Concurring. Being of the same opinion;
agreeing with a decision, opinion, or finding. Condition captatoria. Succ. The condition
upon which any disposition is made to the
Concurring compulsory heirs. Succ. A class
effect that the heir shall make some provi-
of compulsory heirs who succeed together
sion in his will in favor of the testator or of
with the primary or the secondary compulso-
any other person. Such disposition shall be
ry heirs such as (a) widow or widower (legit-
void. [Art. 875, CC].
imate); (b) illegitimate children and illegiti-
mate descendants. Condition precedent. A contractual condition
that suspends the coming into effect of a
Concurring opinion. An opinion that agrees
contract unless or until a certain event takes
with the result of the majority opinion, but
place. Compare with Condition subse-
disagrees with some aspect of the reason-
quent.
ing used to reach that result. Compare with
Dissenting opinion. Condition subsequent. A condition in a con-
tract that causes the contract to become in-
Concurring opinion (of a Member of the
valid if a certain event occurs. The happen-
Supreme Court). An opinion submitted to
ing of a condition subsequent may invalidate
the Chief Justice or Division Chairperson by
a contract which is, until that moment, fully
a Member of the Sup. Court who agrees
valid and binding. Compare with Condition
with the main opinion, but opts to express
precedent.
other reasons for concurrence. [The Internal
Rules of the Sup. Court, AM 10-4-20-SC, Conditional. Subject to one or more condi-
May 4, 2010]. Compare with Dissenting tions or requirements being met; made or
and Separate Opinion. granted on certain terms.
Concurso de delitos. See Plurality of Conditional appearance. [The concept which
crimes. tempered the rule on voluntary submission
to the court‘s jurisdiction] such that a party
Concurso ideal. See Ideal plurality.
who makes a special appearance to chal-
Concurso real. See Real plurality. lenge, among others, the court‘s jurisdiction
over his person cannot be considered to
Concursus delictuorum. Lat. Plurality of have submitted to its authority. [Hongkong
crimes. and Shanghai Banking Corp., Ltd. v. Cata-
Condemnation. 1. The act of destroying val- lan, GR 159590, Oct. 18, 2004; Casimina v.
ueless supplies or property by burning, Legaspi, GR 147530, June 29, 2005].
pounding, throwing beyond recovery, or the Conditional indorsement. Nego. Inst. An
like. [IRR on Supply & Prop. Mgt., per Sec. indorsement that is conditional and which al-
383, LGC]. 2. The legal process by which lows the party required to pay the instrument
the govt. takes private land for public use,
to disregard the condition and make pay-
paying the owners a fair price. See Eminent ment to the indorsee or his transferee
domain. whether the condition has been fulfilled or
Condition. 1. A future and uncertain event, or not. But any person to whom an instrument
a past event unknown to the parties, upon so indorsed is negotiated will hold the same,
the happening of which depends the fulfill- or the proceeds thereof, subject to the rights
ment or extinguishments of the obligation. of the person indorsing conditionally. [Sec.
[Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A 39, NIL].

186
Conditional institution. Succ. A kind of insti- David, GR L-11268. Jan. 28, 1961]. Com-
tution wherein the institution may be pare with Absolutely privileged communi-
potestative, causal or mixed. [Arts. 871 - cation.
884, CC]. Compare with Simple institution.
Conditions. Kinds: (a) Suspensive condition
Conditional judgment. Rem. Law. A judg- (condition precedent) or one which sus-
ment which contains no disposition at all pends the demandability of the obligation
and is a mere anticipated statement of what until the happening of the event; (b) reso-
the court shall do in the future when a par- lutely condition (condition subsequent) or
ticular event should happen. [Co Unjieng E one the happening of which will extinguish
Hijos, v. Mabalacat Sugar Co., GR 45351. the obligation; (c) potestative condition or
June 29, 1940]. one which depends upon the will of the
debtor; (d) casual or a condition which de-
Conditional obligation. An obligation the
pends upon chance; (e) mixed condition
performance or extinguishment of which de-
which depends partly upon chance and part-
pends upon a future or uncertain event, or
ly upon the will of a 3rd person; and (f) im-
upon a past event unknown to the parties.
possible condition which is not capable of
[Diaz, Bus. Law Rev., 1991 Ed., p. 11].
fulfillment, legally or physically. [Diaz, Bus.
Compare with Pure obligation.
Law Rev., 1991 Ed., p. 10-11].
Conditional pardon. A pardon that is in the
Condominium. 1. A building with one or more
nature of a contract bet. the sovereign pow-
storeys composed of multi-unit residential
er or the Chief Exec. and the convicted
suites under joint ownership of occupants,
criminal to the effect that the former will re-
each unit provided with complete sanitary
lease the latter subject to the condition that
facilities, utilities and other amenities. [Sec.
if he does not comply with the terms of the
63, PD 856]. 2. An interest in real property
pardon, he will be recommitted to prison to
consisting of separate interest in a unit in a
serve the unexpired portion of the sentence
residential, industrial or commercial building
or an additional one. [Alvarez v. Dir. of Pris-
and an undivided interest in common, direct-
ons, GR L-1809 Jan. 23, 1948]. Compare
ly or indirectly, in the land on which it is lo-
with Absolute pardon.
cated and in other common areas of the
Conditional release. A release from custody building. [Sec. 2, RA 4726].
which imposes regulations on the activities
Condominium Act, The. RA 4726 entitled ―An
and assocs. of the defendant. If a defendant
Act to define Condominium, establish re-
fails to meet the conditions, the release is
quirements for its creation, and govern its
revoked.
incidents‖ enacted on June 18, 1966.
Conditional sales. An agreement relating to
Condominium corporation. A corp., stock or
the sale of goods or things the acquisition of
non-stock, organized by owners of definite
which depends upon an uncertain event.
portions of a building for the effective
Conditionally or Qualifiedly privileged maintenance thereof. [Diaz, Bus. Law Rev.,
communication. One where circumstances 1991 Ed., p. 248].
exist, or are reasonably believed by the de-
Condominium project. The entire parcel of
fendant to exist, which cast on him the duty
real property divided or to be divided pri-
of making a communication to a certain oth-
marily for residential purposes into condo-
er person to whom he makes such commu-
minium units, incl. all structures thereon.
nication in the performance of such duty, or
[Sec. 2, PD 957].
where the person is so situated that it be-
comes right in the interest of society that he Condominium unit. A part of the condomini-
should tell 3rd persons certain facts, which um project intended for any type of inde-
he in good faith proceeds to do. [Sison v. pendent use or ownership, incl. one or more

187
rooms or spaces located in one or more Condone. Civ. Law. To remit or forgive a debt
floors (or part of parts of floors) in a building without expecting any equivalent or com-
or buildings and such accessories as may pensation therefor.
be appended thereto. [Sec. 2, PD 957].
Conduct. 1. Legal Ethics. As used in [Rule
Condonation. Civ. Law. Also Remission. An 1.01 of the Code of Professional Responsi-
act of liberality by which the creditor without bility, the term] is not limited to conduct ex-
receiving anything renounces the fulfillment hibited in connection with the performance
of the obligation which, in consequences of professional duties. [Lizaso v. Amante,
thereof, is extinguished either totally or par- Adm. Case 2019. June 3, 1991]. 2. Civ.
tially. It is a form of donation. [Diaz, Bus. Law. When applied to equitable estoppel,
Law Rev., 1991 Ed., p. 48]. the term embraces not only ideas conveyed
by words written or spoken and things actu-
Condonation. Civ. Law. Also Remission.
ally done but also the silence of such person
Kinds: (a) Complete or total when the entire
and his omission.
obligation is extinguished; (b) partial when
only part of the obligation is extinguished; Conduct unbecoming. Conduct on the part of
(c) express when it is made either verbally a certified professional that is contrary to the
or in writing; (d) implied when it can only be interests of the public served by that profes-
inferred form the conduct; (e) inter vivos sional, or which harms the standing of the
when it takes effect during the lifetime of the profession in the eyes of the public. See al-
donor; or (f) mortis causa when it takes ef- so Unbecoming conduct.
fect upon the death of the donor and com-
Conduct unbecoming a police officer. Any
plies with the formalities of a will and testa-
behavior or action of a PNP member, irre-
ment. [Diaz, Bus. Law Rev., 1991 Ed., p. 49-
spective of rank, done in his official capacity,
50].
which, in dishonoring or otherwise disgrac-
Condonation. Civ. Law. Also Remission. ing himself as a PNP member, seriously
Requisites: (a) It must be gratuitous; (b) it compromises his character and standing as
must be accepted by the obligor; (c) it must a gentleman in such a manner as to indicate
not be an inofficious donation; (d) the obliga- his vitiated or corrupt state of moral charac-
tion must be demandable at the time of the ter. It may also refer to acts or behavior of
remission; and (e) if expressly made, it must any PNP member in an official or private
comply with the forms of donation. [Diaz, capacity which, in dishonoring or disgracing
Bus. Law Rev., 1991 Ed., p. 48]. himself personally as a gentleman, seriously
compromises his position as a PNP member
Condonation doctrine. Admin. Law. 1. The
and exhibits himself as morally unworthy to
doctrine that prohibits the disciplining of an
remain as a member of the org.
elective official for a wrongful act committed
during his immediately preceding term of of- Confederate. Bring states or groups of people
fice. [Pascual v. Prov. Board of Nueva Ecija, into an alliance.
GR L-11959 Oct. 31, 1959]. 2. [This is
Confederation. Intl. Law. An org. of states
based on] the underlying theory is that each
which retain their internal sovereignty and,
term is separate from other terms, and that
to some extent, their external sovereignty,
the reelection to office operates as a condo-
while delegating to the collective body the
nation of the officer‘s previous misconduct to
power to represent them as a whole for cer-
the extent of cutting off the right to remove
tain limited and specified purposes, such as
him therefor. [Conducto v. Monzon, AM
common defense. [Cruz, Intl. Law Reviewer,
MTJ-98-1147, July 2, 1998].
1996 Ed., p. 13].
Conference committee. Also Bicameral con-
ference committee. 2 committees, one ap-

188
pointed by each house. It is normally ap- Confession of judgment. Judgment where
pointed for a specific bill and its function is the defendant, instead of entering a plea,
to gain accord bet. the 2 houses either by confesses action or withdraws his plea and
the recession of one house from its bill or its confesses action. Judgment where a de-
amendments or by the further amendment fendant gives the plaintiff a cognovit or writ-
of the existing legislation or by the substitu- ten confession of the action by virtue of
tion of an entirely new bill. Obviously, the which the plaintiff enters judgment.
conference committee is always a special
Confianza. Sp. Confidence. [US v. Chu
committee which considered it together with
Chang, GR L-2307 Apr. 9, 1906].
such other representatives of the house as
seem expedient. [Tolentino v. Sec. of Fi- Confidential. 1. Done or communicated in
nance, GR 115455. Aug. 25, 1994]. confidence; secret. 2. Entrusted with the
confidence of another.
Conference rules. Mar. Law. Rules agreed by
and among ship owners and ship operators Confidential employee. Admin. and Labor
and are, therefore, not binding on 3rd per- Laws. One entrusted with confidence on del-
sons unless agreed upon in a bill of lading icate matters, or with the custody, handling,
or charter party. or care and protection of the employer's
property. [Panday v. NLRC, GR 67664, 20
Confessio facta in judicio omni probatione
May 1992].
major est. Lat. A confession made in court
is of greater effect than any proof. [Jenk. Confidential information. 1. Any information,
Cent. 102; 11 Co. 30]. relative to the subject of mediation or arbi-
tration, expressly intended by the source not
Confession. 1. The declaration of an accused
to be disclosed, or obtained under circum-
acknowledging his guilt of the offense
stances that would create a reasonable ex-
charged, or of any offense necessarily in-
pectation on behalf of the source that the in-
cluded therein, which may be given in evi-
formation shall not be disclosed. It shall in-
dence against him. [Sec. 33, Rule 130,
clude: (a) communication, oral or written,
RoC]. 2. An acknowledgment of guilt of the
made in a dispute resolution proceedings,
crime charged or of the facts which consti-
incl. any memoranda, notes or work product
tute the crime; but it is an admission and not
of the neutral party or non-party participant,
a confession if the facts acknowledged raise
as defined in RA 9285; (b) an oral or written
an inference of guilt only when considered
statement made or which occurs during me-
with other facts. [People v. Lorenzo, GR
diation or for purposes of considering, con-
110107. Jan. 26, 1995]. Compare with Ad-
ducting, participating, initiating, continuing of
mission.
reconvening mediation or retaining a media-
Confession. Requisites for admissibility: (a) It tor; and (c) pleadings, motions manifesta-
must be voluntary; (b) it must be made with tions, witness statements, reports filed or
the assistance of competent and independ- submitted in an arbitration or for expert
ent counsel; (c) it ust be express, and (d) it evaluation. [Sec. 3, RA 9285]. 2. [It] general-
must be in writing. [Dean Tupaz, 24 Hours ly refers to information not yet made a mat-
Before the Bar (1st Ed. 2005), p. 42]. ter of public record relating to pending cas-
es, such as notes, drafts, research papers,
Confession and avoidance. The admission
internal discussion, internal memoranda,
by an accused who invokes an exempting
records of internal deliberations, and similar
circumstance of insanity, for instance, of
papers. Even after the decision, resolution,
having committed the crime but with the
or order is made public, such information
claim that he or she is not guilty bec. of such
that a justice or judge uses in preparing a
circumstance.
decision, resolution, or order shall remain
confidential. [RE: SC Access to Justice for

189
the Poor Project, Art. 1, AM 05-2-01-SC, Confiscated firearm. A firearm that is taken
Mar. 13, 2007]. into custody by the PNP, NBI, PDEA, and all
other law enforcement agencies by reason
Confidential relation. The relation which ex-
of their mandate and must be necessarily
ists, under Art. 1339 of the Civ. Code, bet.
reported or turned over to the FEO of the
guardian and ward, insurer and insured, and
PNP. [Sec. 3, RA 10591].
agent and principal.
Conflict. A serious disagreement or argument,
Confinement. A state of being admitted in a
typically a protracted one.
hospital or medical clinic for medical obser-
vation, diagnosis, testing, and treatment Conflict of interest. Admin. Law. The conflict
consistent with the capability and available that arises when a public official or employ-
facilities of the hospital or clinic. [Sec. 2, RA ee is a member of a board, an officer, or a
8344]. substantial stockholder of a private corp. or
owner or has a substantial interest in a
Confirmatory. Collateral; serving to support or
business, and the interest of such corp. or
corroborate.
business, or his rights or duties therein, may
Confirmatory test. An analytical test using a be opposed to or affected by the faithful per-
device, tool or equipment with a different formance of official duty. [Sec. 3, RA 6713].
chemical or physical principle that is more
Conflict of laws. Also known as Private in-
specific which will validate and confirm the
ternational law. 1. A situation [that] arises
result of the screening test. [Sec 3, RA
only when: (a) there is a dispute over the ti-
9165].
tle or ownership of an immovable, such that
Cofirmed. Having been ratified; verified. the capacity to take and transfer immova-
bles, the formalities of conveyance, the es-
Confirmed Letter of Credit. 1. The kind of sential validity and effect of the transfer, or
obligation assumed by the correspondent the interpretation and effect of a convey-
bank. In this case, the correspondent bank
ance, are to be determined; and (b) a for-
gives an absolute assurance of the benefi- eign law on land ownership and its convey-
ciary that it will undertake the issuing bank's ance is asserted to conflict with a domestic
obligation as its own acc. to the terms and law on the same matters. Hence, the need
conditions of the credit. [Feati Bank & Trust to determine which law should apply. [Laurel
Co. v. CA, GR 94209. Apr. 30, 1991]. 2. A
v. Garcia, GR 92013. July 25, 1990]. 2. A
Letter of Credit on which at least 2 banks, term first coined by Joseph Story in his 1st
namely, the issuing bank and the confirming Ed., 1834 of that name. There are 3 classic
bank are obliged to make payment. It direct-
categories of conflicts: (a) choice of law; (b)
ly creates the obligation of a financing agen- choice of jurisdiction, and (c) recognition
cy doing business in the seller‘s financial and enforcement of foreign judgments.
market to a contract of sale.
Confusion. Also Merger. 1. It takes place
Confirming bank. A correspondent bank [that] when the characters of creditor and debtor
assumes a direct obligation to the seller and
are merged in the same person with respect
its liability is a primary one as if the corre- to the same obligation. [Diaz, Bus. Law
spondent bank itself had issued the letter of Rev., 1991 Ed., p. 50-51]. 2. The meeting in
credit. [Feati Bank & Trust Co. v. CA, GR one person of the qualities of obligee and
94209. Apr. 30, 1991]. obligor with respect to the same obligation.
Confiscate. 1. To take or seize someone's [Torres, Oblig. & Cont., 2000 Ed., p. 139].
property with authority. 2. To take a posses- Confusion. The mixture of liquids, belonging
sion, esp. land as a penalty and give it to the to different owners. [Tolentino, Civ. Code of
public treasury.
the Phils., Vol. II, Repr. 2001, p. 99].

190
Confusion. Also Merger. Requisites: (a) It Congress of the Philippines. [Fil.: Kongreso
must be bet. the principal debtor and credi- ng Pilipinas]. The natl. legislature of
tor; and (b) it must be complete. [Diaz, Bus. the Rep. of the Phils. It is a bicameral body
Law Rev., 1991 Ed., p. 51]. consisting of the Senate [upper chamber],
and the House of Representatives [lower
Confusion of business. Also called Source
chamber] although commonly in the Phils.
or Origin confusion Intel. Prop. [A type of
the term Congress refers to the latter.
confusion that arises from the use of similar
or colorable imitation marks in which] though Congressional oversight. It embraces all
the goods of the parties are different, the de- activities undertaken by Congress to en-
fendant‘s product is such as might reasona- hance its understanding of and influence
bly be assumed to originate with the plaintiff, over the implementation of legislation it has
and the public would then be deceived ei- enacted. Oversight concerns post-
ther into that belief or into the belief that enactment measures undertaken by Con-
there is some connection bet. the plaintiff gress: (a) to monitor bureaucratic compli-
and defendant which, in fact, does not exist. ance with program objectives, (b) to deter-
[Sterling Products Intl., Inc. v. Farbenfab- mine whether agencies are properly admin-
riken Bayer Aktiengesellschaft, GR L-19906 istered, (c) to eliminate executive waste and
Apr. 30, 1969]. Compare with Confusion of dishonesty, (d) to prevent executive usurpa-
goods. tion of legislative authority, and (e) to assess
executive conformity with the congressional
Confusion of goods. Also called Product
perception of public interest. The power of
confusion. Intel. Prop. [A type of confusion
oversight has been held to be intrinsic in the
that arises from the use of similar or colora-
grant of legislative power itself and integral
ble imitation marks] in which the ordinarily
to the checks and balances inherent in a
prudent purchaser would be induced to pur-
democratic system of government. [Aba-
chase one product in the belief that he was
kada Guro Party List v. Purisima, GR
purchasing the other. [Sterling Products Intl.,
166715, Aug. 14, 2008].
Inc. v. Farbenfabriken Bayer Aktiengesell-
schaft, GR L-19906 Apr. 30, 1969]. Com- Congressional Oversight. Categories: The
pare with Confusion of business. acts done by Congress purportedly in the
exercise of its oversight powers may be di-
Congenital. Present from birth.
vided into 3 categories: (a) supervision,
Congenital cataract. A kind of cataract the which connotes a continuing and informed
most common cause of which is heredity. awareness on the part of a congressional
[Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. committee regarding executive operations in
a given administrative area; (b) scrutiny,
Congestive. Involving or produced by conges- primarily intended to determine economy
tion of a part of the body. and efficiency of the operation of govern-
Congestive heart failure. A clinical syndrome ment activities, exercised through budget
which develops eventually in 50-60% of all hearings, the "question hour" and the power
patients with organic cardiovascular dis- of confirmation; and (c) investigation, which
ease. It is defined as the clinical state result- is also known as the Inquiry in aid of legis-
ing from inability of the heart to expel suffi- lation.
cient blood for the metabolic demands of the Congressional Pork Barrel. A kind of lump-
body. [Panangui v. ECC, GR L-56259. Mar.
sum, discretionary fund wherein legislators,
18, 1983]. either individually or collectively organized
Congress. The term commonly refers to the into committees, are able to effectively con-
Phil. House of Representatives. trol certain aspects of the fund‘s utilization
through various post-enactment measures

191
and/or practices. [Belgica v. Ochoa, GR (b) those obtained from the labor, industry,
208566, Nov. 19, 2013]. work or profession of either or both of the
spouses; (c) the fruits, natural, industrial, or
Congressional veto. A means whereby the
civil, due or received during the marriage
legislature can block or modify administra-
from the common property, as well as the
tive action taken under a statute. It is a form
net fruits from the exclusive property of each
of legislative control in the implementation of
spouse; (d) the share of either spouse in the
particular executive actions. The form may
hidden treasure which the law awards to the
be either negative, that is requiring disap-
finder or owner of the property where the
proval of the executive action, or affirmative,
treasure is found; (e) those acquired through
requiring approval of the executive action.
occupation such as fishing or hunting; (f)
This device represents a significant attempt
livestock existing upon the dissolution of the
by Congress to move from oversight of the
partnership in excess of the number of each
executive to shared administration. [Dixon,
kind brought to the marriage by either
The Congressional Veto and Separation of
spouse; and (g) those which are acquired by
Powers: The Executive on a Leash, 56
chance, such as winnings from gambling or
North Carolina Law Review, 423 (1978)].
betting. However, losses therefrom shall be
Conjugal. Of or relating to marriage or the borne exclusively by the loser-spouse. [Art.
relationship of spouses. 117, FC].
Conjugal partnership of gains. The regime Conjugal property. 1. All property acquired
under which the husband and wife place in a during the marriage, whether the acquisition
common fund the proceeds, products, fruits appears to have been made, contracted or
and income from their separate properties registered in the name of one or both
and those acquired by either or both spous- spouses. [Art. 116, FC]. 2. All property ac-
es through their efforts or by chance, and, quired during marriage, whether the acquisi-
upon dissolution of the marriage or of the tion appears to have been made, contracted
partnership, the net gains or benefits ob- or registered in the name of one or both
tained by either or both spouses shall be di- spouses, is presumed to be conjugal unless
vided equally bet. them, unless otherwise the contrary is proved. [CSC‘s Guidelines on
agreed in the marriage settlements. [Art. the use of the rev. SALN form].
106, FC].
Conjunction or Adjunction. The union of 2
Conjugal Partnership of Gains Regime. [A things belonging to different owners, in such
regime entered into by a couple where] the a manner that they cannot be separated
husband and the wife place in common fund without injury, thereby forming a single ob-
the fruits of their separate property and ject. [Tolentino, Civ. Code of the Phils., Vol.
income from their work or industry, and II, Repr. 2001, p. 98].
divide equally, upon the dissolution of the
Connecting factors or contacts. In the con-
marriage or of the partnership, the net gains
flict of law, connecting factors, or contacts,
or benefits obtained indiscriminately by
are facts which tend to connect a transac-
either spouse during the marriage. [Quiao v.
tion or occurrence with a particular law or ju-
Quiao, GR 176556, July 4, 2012]. Compare
risdiction [e.g. the domicile, residence, na-
with Absolute Community Regime.
tionality or place of incorp. of the parties; the
Conjugal partnership property. The following place(s) of conclusion or performance of the
are conjugal partnership properties: (a) contract; the place(s) where the tort or delict
Those acquired by onerous title during the was committed or where its harm was felt;
marriage at the expense of the common the flag or country of registry of the ship; the
fund, whether the acquisition be for the ship owner‘s base of operations, etc.]. Con-
partnership, or for only one of the spouses; necting factors are taken into consideration

192
and weighed by courts and arbitrators, in Consensus. 1. A result achieved through
determining the proper law to apply to de- negotiation whereby a hybrid solution is ar-
cide the case or dispute. rived at bet. parties to an issue, dispute or
disagreement, comprising typically of con-
Connivance. Willingness to secretly allow or
cessions made by all parties, and to which
be involved in an immoral or illegal act.
all parties then subscribe unanimously as an
Connivance (with the prisoner). Under Art. acceptable resolution to the issue or disa-
223 of the Rev. Penal Code, an agreement greement. 2. The making of a decisions by
bet. the prisoner and the public officer in his general agreement and in the absence of
custody or charge to his escape. any voiced objection.
Conniving with or Consenting to evasion. Consent. 1. This is manifested by the meeting
Crim. Law. The felony committed by any of the offer and the acceptance upon the
public officer who shall consent to the es- thing and the cause which are to constitute
cape of a prisoner in his custody or charge. the contract. The offer must be certain and
[Art. 223, RPC]. the acceptance absolute. A qualified ac-
ceptance constitutes a counter-offer. [Art.
Conquest. Intl. Law. 1. The mode of acquisi- 1319, CC]. 2. Agreement; voluntary ac-
tion of land territory which is no longer rec-
ceptance of the wish of another.
ognized, inasmuch as the UN Charter pro-
hibits resort to threat or use of force against Consent decree. Rem. Law. A judicially-
the territorial integrity or political independ- approved settlement bet. concerned parties
ence of any state. [Sandoval, Pol. Law Re- based on public interest and public policy to
viewer 2003]. 2. The acquisition of territory protect and preserve the environment.
by force. [Rules of Procedure for Environmental Cas-
es, AM 09-6-8-SC, Apr. 29, 2010].
Consanguinity. 1. Kinship; blood relationship;
the connection or relation of persons de- Consent election. Labor. 1. The election vol-
scended from the same stock or common untarily agreed upon by the parties to de-
ancestor. [Paras, Phil. Conflict of Laws, 8th termine the issue of majority representation
Ed. (1996), p. 305]. 2. The relationship by of all the workers in the appropriate collec-
blood from the same stock or common an- tive bargaining unit. [Sec. 1, Rule 1, Book 5,
cestor. [CSC‘s Guidelines on the use of the IRR of LC]. 2. An agreed election, its pur-
rev. SALN form]. Compare with Affinity. pose being merely to determine the issue of
majority representation of all the workers in
Consciente waiver. The voluntary waiver by the appropriate collective bargaining unit.
the vendee of his right to warranty in case of
[Warren Mfg. Workers Union v. BLR, GR L-
eviction without the knowledge and assump- 76185. Mar. 30, 1988]. Compare with Certi-
tion of the risks of eviction. [Diaz, Bus. Law fication election.
Rev., 1991 Ed., p. 135].
Consent decree. A settlement of a lawsuit or
Consensual. Relating to or involving consen- criminal case in which a person or company
sus or consent, esp. mutual consent.
agrees to take specific actions without ad-
Consensual contracts. Contracts that are mitting fault or guilt for the situation that led
perfected by mere consent, and from that to the lawsuit. It is a settlement that is con-
moment the parties are bound not only to tained in a court order.
the fulfillment of what has been expressly Consent judgment. A judgment issued by a
stipulated but also to all the consequences
judge based on an agreement bet. the par-
which, acc. to their nature, may be in keep- ties to a lawsuit to settle the matter, aimed
ing with good faith, usage and law. [Art. at ending the litigation with a judgment that
1315, CC]. Compare with Real contracts.
is enforceable.

193
Consent of the data subject. Any freely giv- life due to physical or mental limitations or
en, specific, informed indication of will, old age. 2. One appointed by the Monetary
whereby the data subject agrees to the col- Board to take charge of the assets, liabili-
lection and processing of personal infor- ties, and the management of a bank or a
mation about and/or relating to him or her. quasi-bank which the Board finds to be in a
Consent shall be evidenced by written, elec- state of continuing inability or unwillingness
tronic or recorded means. It may also be to maintain a condition of liquidity deemed
given on behalf of the data subject by an adequate to protect the interest of deposi-
agent specifically authorized by the data tors and creditors, reorganize the manage-
subject to do so. [Sec. 3, RA 10173]. ment, collect all monies and debts due said
institution, and exercise all powers neces-
Consented abduction. The abduction of a
sary to restore its viability. He shall report
virgin over 12 years and under 18 years of
and be responsible to the Monetary Board
age, carried out with her consent and with
and shall have the power to overrule or re-
lewd designs. [Art. 343, RPC]. Compare
voke the actions of the previous manage-
with Forcible abduction.
ment and BoD of the bank or quasi-bank.
Consented abduction. Elements: (a) The [Sec. 29, RA 7653].
offended party is a virgin, (b) she must be
Conservatorship. Legal right given to a per-
over 12 and under 18 years of age, (c) the
son to manage the property and financial af-
taking away of the offended party must be
fairs of a person deemed incapable of doing
with her consent, after solicitation or cajolery
that for himself or herself. See also Guardi-
from the offender, and, (d) the taking away
anship.
of the offended party must be with lewd de-
signs. [Perez v. CA, GR L-80838. Nov. 29, Conserve. To protect something, esp. an envi-
1988]. Compare with Qualified seduction. ronmentally or culturally important place or
thing from harm or destruction.
Consequential. 1. Following as a result or
effect. 2. Resulting from an act, but not im- Consideration. 1. Some right, interest, bene-
mediately and directly. fit, or advantage conferred upon the promis-
sor, to which he is otherwise not lawfully en-
Consequential damages. Damages caused
titled, or any detriment, prejudice, loss, or
by the injury which may not be evident at the
disadvantage suffered or undertaken by the
time when the injury was actually inflicted or
promisee other than to such as he is at the
caused, such as loss of income. Note that
time of consent bound to suffer. [Gabriel v.
civil liability may arise in such a case for
Monte de Piedad y Caja De Aharros, GR L-
which restitution or indemnification may be
47806. Apr. 14, 1941]. 2. The ―why‖ of the
exacted. [Art. 104, RPC].
contracts, the essential reason which moves
Conservation. 1. Preservation and sustaina- the contracting parties to enter into the con-
ble utilization of wildlife, and/or mainte- tract. [Gonzales v. Trinidad, GR L-45965
nance, restoration and enhancement of the Apr. 29, 1939].
habitat. [Sec. 5, RA 9147]. 2. The complete
Consign. To leave an item of property in the
preservation or limited harvesting of coral
custody of another.
resources in such a way as not to adversely
affect the sustained productivity of marine Consignacion. Sp. A fish broker.
eco systems. [Sec. 3, PD 1219]. 3. The wise
Consignation. The act of depositing the thing
use and optimum utilization of mineral re-
due with the court or judicial authorities
sources. [Sec. 4, DENR AO 95-23].
whenever the creditor cannot accept or re-
Conservator. 1. A guardian and protector fuses to accept payment and it generally re-
appointed by a judge to protect and manage quires a prior tender of payment. [Limkako
the financial affairs and/or the person's daily v. Teodoro, GR L-48914 Aug. 11, 1943].

194
Consignation. Requisites: (a) That there was BSP restructuring accounts, the major non-
a debt due; (b) that the consignation of the financial govt. corps., the GFIs, the LGUs,
obligation had been made bec. the creditor the social security institutions, and the BSP.
to whom tender of payment was made re-
Consolidation. Corp. Law. 1. The creation of
fused to accept it, or bec. he was absent or
a new corp. and the extinguishment of con-
incapacitated, or bec. several persons
solidating corps. [per Sec. 76, Corp. Code].
claimed to be entitled to receive the amount
2. The combination or union of 2 or more
due [Art. 1176, CC]; (c) that previous notice
companies that results in the termination
of the consignation had been given to the
and dissolution of the corporate existence of
person interested in the performance of the
all constituent companies and the formation
obligation [Art. 1177, CC]; (d) that the
of a new company. [Tiopianco, Commen-
amount due was placed at the disposal of
taries & Jurisp. on the Ins. Code of the Phil.,
the court (Art. 1178, CC]; and (e) that after
1999 Ed., p. 207]. Compare with Merger.
the consignation had been made the person
interested was notified thereof (Art. 1178, Consolidation machine. The machine used
CC]. Failure in any of these requirements is at the canvass proceedings to consolidate
enough ground to render a consignation in- precinct results, municipal and city results,
effective [Ponce de Leon v. Syjuco, GR L- or provincial results for purposes of getting
3316 Oct. 31, 1951]. the total votes of all candidates for the Offic-
es of the Pres. and Vice Pres. [The 2010
Consigned abroad. Synonymous with the
Rules of the PET, Rule 2, AM 10-4-29-SC,
term "enviado al extranjero" found in the
May 4, 2010].
Spanish version and signifies "sent or
shipped abroad." [Sec. 1459, Act 2711]. Consolidation of cases. A court order [direct-
ing that] several actions pending before it be
Consignment. An arrangement whereby the
tried together where they arise from the
goods are sent by one to another to be sold
same act, event or transaction, involve the
and disposed by the latter for and on ac-
same or like issues, and depend largely or
count of the former. [Ongkiko v. CA, GR L-
substantially on the same evidence, provid-
48777. Sep. 24, 1987].
ed that the court [making the order] has ju-
Consignment for sale. A contract which cre- risdiction over the cases to be consolidated
ates the relationship of principal and agent and that a joint trial will not give one party an
whereby title to the merchandise is retained undue advantage or prejudice the substan-
by the principal who, however, authorizes tial rights of any of the parties. [Teston v.
the agent to sell the merchandise for him DBP, GR 144374, Nov. 11, 2005].
and to effectively transfer title thereto in fa-
Conspicuous. Easy to notice; obvious. 2.
vor of the purchaser. Usu., the principal fix-
Attracting attention, as by being unusual or
es the price at which the goods are to be
remarkable; noticeable.
sold by the agent who, for his part, has the
right to return the merchandise if he cannot Conspicuous place. A place frequented by
sell it at the desired price. Likewise the prin- the public, whereby notice of the petition [to
cipal has the right to demand the return of declare a child legally available for adoption]
the merchandise at any time before it is shall be posted for information of any inter-
sold. ested person. [Sec. 2, RA 9523].
Consolidated corporation. A corp. created Conspiracy. Crim. Law. 1. It exists when 2 or
when 2 or more corps. merge into an entire- more persons come to an agreement con-
ly new corp. cerning the commission of a felony and de-
cide to commit it. [Art. 8, RPC]. 2. The
Consolidated public sector deficit or sur-
common design to commit a felony. It is not
plus. The combined deficit of the NG, the
participation in all the details of the execu-

195
tion of the crime. All those who in one way interchange of property, and the determina-
or another helped and cooperated in the tion of its liabilities for debt or crime; (d) the
consummation of the crime are considered determination of contract rights bet. individ-
as co-principals. [Venturina v. Sandi- uals; (e) the definition and punishment of
ganbayan, GR 78038. Jan. 18, 1991]. crimes; (f) the administration of justice in civ-
il cases; (g) the determination of the political
Conspiracy. Crim. Law. Elements: To consti-
duties, privileges, and relations of citizens;
tute conspiracy, there must be: (a) inten-
(h) dealings of the state with foreign powers,
tional participation in the transaction with a
the preservation of the state from external
view to the furtherance of the common de-
danger or encroachment and the advance-
sign and purpose; and (b) there must be uni-
ment of its intl. interests. [SSS Employees
ty of purpose and unity in the execution of
Assoc. v. Soriano, GR L-18081. Apr. 30,
the unlawful objective. Mere knowledge, ac-
1963]. Compare with Ministrant govern-
quiescence or approval of the act, without
mental functions.
cooperation or agreement to cooperate, is
enough. [People v. Macatana, GR L-57061. Constituent legislative power. Pol. Law. The
May 9, 1988]. power to amend or revise the Consti. [Sua-
rez, Pol. Law Reviewer, 1st Ed., 2002, p.
Conspirator. Plotter.
284].
Constancia autentica. Sp. Authentic notice. A
Constitution. 1. A system of fundamental laws
verified or authentic certification.
for the governance and administration of a
Constituent. Being a part of a whole. nation. It is supreme, imperious, absolute
and unalterable except by the authority from
Constituent assembly. [This] refers to the
which it emanates. [Manila Prince Hotel v.
Senate and the House of Representatives GSIS, GR 122156. Feb. 3, 1997]. 2. The
when they sit down together to propose any fundamental and paramount law of the na-
amendment to, or revision of the Consti.,
tion. [Manila Prince Hotel v. GSIS, GR
upon a vote of ¾ of all its Members. [Sec. 1, 122156. Feb. 3, 1997]. 3. That body of rules
Art. XVII, Consti.]. and maxims in accordance with which the
Constituent corporation. A corp. created powers of sovereignty are habitually exer-
when 2 or more corps. merge into a single cised. [Cruz, Constl. Law, 1998 Ed., p. 3].
corp. which is one of those merging corps.
Constitution of Liberty. The Bill of Rights.
Constituent function. Also Governmental [Homeowners' Assoc. of the Phils., Inc. v.
function. Pol. Law. A function of govt. which Mun. Board of the City of Manila, GR L-
involves the exercise of sovereignty and 23979. Aug. 30, 1968].
considered as compulsory. [Fontanilla v. Constitutional. Of or relating to an estab-
Maliaman, GR 55963 & 61045. Feb. 27, lished set of principles governing a state.
1991]. Compare with Proprietary or Minis-
trant function. Constitutional law. The fundamental law of
the land which defines the powers of the
Constituent governmental functions. Pol.
govt. [Suarez, Stat. Con., (1993), p. 38].
Law. The term constitutes the very bonds of
society and are compulsory in nature. Pres. Constitutional supremacy. A system of govt.
Wilson enumerated the constituent functions in which the law-making freedom of parlia-
as follows: (a) the keeping of order and mentary supremacy cedes to the require-
providing for the protection of persons and ments of a Constitution.
property from violence and robbery; (b) the
Constitutional supremacy doctrine. The
fixing of the legal relations bet. man and wife
doctrine that if a law or contract violates any
and bet. parents and children; (c) the
norm of the constitution that law or contract
regulation of the holding, transmission, and

196
whether promulgated by the legislative or by by extrapolating from other parts of the doc-
the executive branch or entered into by pri- ument or, in the case of statutes, referring to
vate persons for private purposes is null and a interpretation law which gives legal con-
void and without any force and effect. Thus, struction guidelines.
since the Constitution is the fundamental
Construction contractor. A natural or juridical
paramount and supreme law of the nation, it
person organized and licensed under Phil.
is deemed written in every statute and con-
laws, who undertakes or offers to undertake,
tract. [Manila Prince Hotel v. GSIS, GR
or submits a bid to, or does himself or by or
122156. Feb. 3, 1997].
through others, construct, alter, repair, add
Constitutional treaty. A treaty adopted acc. to to, subtract from, remove, move, wreck or
the constitutional provisions of the ratifying demolish any structure, facility, project de-
state. velopment or improvement, or to do any part
thereof. The term contractor includes gen-
Constitutive. 1. Having the power to establish
eral engineering contractor, general building
or give organized existence to something. 2.
contractor and specialty contractor, con-
Forming a part or constituent of something;
struction management, engineering, and
component.
specialized consultancy group. [Sec. 3, PD
Constitutive doctrine. The legal existence of 1167].
a state or govt. is dependent on recognition
Construction dispute. A dispute bet. or
by other states.
among the parties in a construction project.
Constitutive documents. The AOI and If there is agreement to arbitrate such a dis-
bylaws of a REIT. [Sec. 3, RA 9856]. pute, the governing law is EO 1008, other-
wise known as the Construction Industry
Constitutum possessorium, Traditio. See Arbitration Law.
Traditio constitutum possessorium.
Constructive. 1. Serving a useful purpose;
Constructio contra rationem introducta,
tending to build up. 2. Derived by inference;
potius usurpatio quam consuetudo ap- implied by operation of law; not obvious or
pellari debet. Lat. A custom introduced explicit.
against reason ought rather to be called an
usurpation than a custom. See also Con- Constructive compliance doctrine. See
suetudo, contra rationem introducta, po- Doctrine of constructive compliance.
tius usurpatio quam consuetudo appel-
Constructive contempt. Contempt committed
lari debet.
out of the presence of the court. The willful
Construction. 1. The art or process of discov- disobedience of the lawful process of the
ering and expounding the meaning and in- court, refusal to obey subpoenas, etc.
tention of the authors of the law with respect [Narcida v. Bowen, GR 6694. Mar. 26,
to its application to a given case, where that 1912]. Compare with Direct contempt.
intention is rendered doubtful, among oth-
Constructive cash. Non-cash availment of
ers, by reason of the fact that the given case
foreign loans for utilization by NG agencies
is not explicitly provided for in the law [Cal-
and GOCCs, i.e., payment to suppliers di-
tex v. Palomar, GR L-19650. Sep. 29, 1966].
rectly made by lending institutions.
2. The legal process of interpreting a phrase
or document; of trying to find it's meaning. Constructive delivery. A general term com-
Whether it be a contract or a statute, there prehending all those acts which, although
are times when a phrase may be unclear or not conferring physical possession of the
of several meanings. Then, either lawyers or thing, have been held by construction of law
judges must attempt to interpret or construct equivalent to acts of real delivery, as for ex-
the probable aim and purpose of the phrase, ample, the giving of the key to the house, as

197
constructive delivery of the house from the sidered as having been notified by fiction of
vendor to the vendee. [Banawa v. Mirano, law.
GR L-24750 May 16, 1980]. Compare with
Constructive or Legal delivery. 1. The exe-
Actual delivery.
cution of a sale made through a public in-
Constructive discharge (or dismissal). A strument which shall be deemed equivalent
quitting bec. continued employment is ren- to the delivery of the thing which is the ob-
dered impossible, unreasonable or unlikely; ject of the contract, if from the deed the con-
as an offer involving a demotion in rank and trary does not appear or cannot clearly be
a diminution in pay. [Alia v. Salani Una inferred. [Art. 1498, CC]. 2. Delivery which
Transportation Co., 39527-R, Jan. 29, takes place without actual transfer of goods,
1971]. but includes symbolic delivery or substituted
delivery as when the evidence of title to the
Constructive dismissal. 1. A quitting bec.
goods, the key to the warehouse or bill of
continued employment is rendered impossi-
lading or warehouse receipt is delivered.
ble, unreasonable or unlikely; as, an offer
[Onapal Phils. v. CA, GR 90707. Feb. 1,
involving a demotion in rank and a diminu-
1993]. Compare with Actual or real deliv-
tion in pay. [Lemery Savings and Loan Bank
ery.
v. NLRC, GR 96439 Jan.y 27, 1992]. 2. [It]
exists when the employee involuntarily re- Constructive possession. Holding a valid title
signs due to the harsh, hostile, and unfavor- to property. The subjection of the thing to
able conditions set by the employer. It arises one‘s control. Compare with Actual pos-
when there is clear discrimination, insensi- session.
bility, or disdain by an employer and this be-
Constructive removal (from the service).
comes unbearable to the employee. [Aguilar
Admin. Law. A reassignment that is indefi-
v. Burger Machine Holdings Corp., GR
nite and results in a reduction in rank, status
172062, Oct. 30, 2006].
and salary. [Bentain v. CA, GR 89452. June
Constructive fraud. A breach of legal or equi- 9, 1992].
table duty which, irrespective of the moral
Constructive service. The delivery of a plead-
guilt of the fraud feasor, the law declares
ing or notice that is considered to have been
fraudulent bec. of its tendency to deceive
legally served on its intended recipient even
others, to violate public or private confi-
if not actually received in person by him. It is
dence, or to injure public interests. This usu.
also known as substituted service which can
proceeds from a breach of duty arising out
be done by registered mail or publication in
of a fiduciary or confidential relationship.
a newspaper of general circulation.
[Berico v. CA, GR 96306. Aug. 20, 1993].
Compare with Actual fraud. Constructive service of summons by publi-
cation. Service of summons effected, by
Constructive insider. A person who is not
leave of court, upon the defendant who is
considered an insider of a publicly-traded
designated in any action as an unknown
company but may still have access to non-
owner, or the like, or upon a defendant
public information that is expected to remain
whose address is unknown and cannot be
non-public.
ascertained by diligent inquiry, by publica-
Constructive notice. Notice that is presumed tion in a newspaper of general circulation
by law to have been communicated to the and in such places and for such time as the
party concerned and ought to be known by court may order. [Sec. 14, Rule 14, RoC].
him regardless that it has not been person-
Constructive total loss. Mar. Ins. A loss
ally or actually served. Notice by publication
which gives to a person insured a right to
in a newspaper of general circulation is an
abandon, under Sec. 139 of the Ins. Code.
instance where the party concerned is con-

198
[Sec. 132, IC]. Compare with Actual total beneficiary may never have any legal estate
loss. therein. [Magallon v. Montejo, GR 73733,
Dec. 16, 1986].
Constructive total loss. Mar. Ins. What con-
stitutes: 1. Actual loss of more than 3/4 of Consuetudo, contra rationem introducta,
the value of the object; 2. Damage reducing potius usurpatio quam consuetudo ap-
value by more than 3/4 of the value of the pellari debet. Lat. A custom against reason
vessel and of cargo; or 3. Expense of trans- is rather an usurpation. [Tolentino v. Sec. of
shipment exceeds 3/4 of the value of the Finance, GR 115455, Aug. 25, 1994]. See
cargo. [Sec. 131, IC]. also Constructio contra rationem intro-
ducta, potius usurpatio quam consue-
Constructive tradition. The delivery of mova-
tudo appellari debet.
ble and immovable things which is not actu-
al or material and is represented by other Consul. Intl. Law. An officer of a commercial
signs or acts indicative thereof. Its various character, appointed by the different nations
kinds are: Traditio (or tradicion) simbolica, to watch over the mercantile and tourist in-
Tradition longa manu, Tradition brevi manu, terests of the appointing nation and of its
and Traditio constitutum possessorium. [To- subjects in foreign countries. A public official
lentino, Civ. Code of the Phils., Vol. II, Repr. residing in a foreign country responsible for
2001, p. 459-460]. See Real tradition. developing and protecting the economic in-
terests of his govt. and looking after the wel-
Constructive trust. Also Trust ex maleficio,
fare of his govt.‘s citizens who may be trav-
Trust ex delicto, Trust de son tort, Invol-
eling or residing within his jurisdiction.
untary trust, or Implied trust. 1. Trust by
operation of law which arises contrary to in- Consul general. Intl. Law. A consular officer
tention and in invitum, against one who, by of the highest grade.
fraud, actual or constructive, by duress or
Consular. Having to do with a consul or his
abuse of confidence by commission of
office or duties.
wrong, or by any form of unconscionable
conduct, artifice, concealment, or question- Consulate. 1. The place or building in which a
able means, or who in any way against equi- consul's duties are carried out. 2. The office,
ty and good con-science, either has ob- position, or period of office of a consul.
tained or holds the legal right to property
Consules electi. Intl. Law. Consuls who may
which he ought not, in equity and good con-
science, hold and enjoy. [Roa v. CA, GR L- or may not be nationals of the sending state
27294. June 28, 1983]. 2. A remedial device and perform their consular functions only in
addition to their regular callings. [Cruz, Intl.
by which the holder of legal title is held to be
a trustee for the benefit of another who in Law Reviewer, 1996 Ed., p. 89].
good conscience is entitled to the beneficial Consules missi. Intl. Law. Professional or
interest. [Magallon, v. Montejo, GR 73733. career consuls who are nationals of the
Dec. 16, 1986]. sending state and are required to devote
their full time to the discharge of their duties.
Constructive trust doctrine. A general prin-
ciple that one who acquires land or other [Cruz, Intl. Law Reviewer, 1996 Ed., p. 89].
property by fraud, misrepresentation, impo- Consulta. 1. The act of the Register of Deeds
sition, or concealment, or under any such in bringing a matter to the Land Registration
other circumstances as to render it inequita- Commissioner [now Administrator] when the
ble for him to retain the property, is in equity former is in doubt as to the proper step to be
to be regarded as a trustee ex maleficio taken or memorandum to be made in pursu-
thereof for a person who suffers by reason ance of any deed, mortgage, or other in-
of the fraud or other wrong, and is equitably strument presented to him for registration by
entitled to the property, even though such the party interested in it. 2. The bringing to

199
the attention of the Land Registration Com- either by cash or credit from an authorized
missioner (now Administrator), either upon distributor, dealer or retailer in the Phils.
his certification stating the question upon [Sec. 3, RA 10642]. 2. Natural person or or-
which he is in doubt, or upon the suggestion ganized consumer groups who are purchas-
in writing by the party in interest, a step or er, lessees, recipient, or prospective pur-
act still undone by the register of deeds by chasers, lessees, recipients of consumer
reason of his doubt. [Register of Deeds of products, services or credit. [Sec. 4, RA
Manila v. Magdalena Estate, GR L-9102. 8800].
May 22, 1959].
Consumer Act of the Philippines. RA 7394
Consultation. The constitutionally mandated entitled ―The Consumer Act of the Phils.‖
process whereby the public, on their own or enacted on Apr. 13, 1992.
through people's orgs., is provided an op-
Consumer credit. Any credit ex-tended by a
portunity to be heard and to participate in
creditor to a consumer for the sale or lease
the decision-making process on matters in-
of any consumer product or service under
volving the protection and promotion of its
which part or all of the price or payment
legitimate collective interest, which shall in-
therefor is payable at some future time,
clude appropriate documentation and feed-
whether in full or in installments. [Art. 4, RA
back mechanisms. [Sec. 3, RA 7279].
7394].
Consulting architect. The architect registered
Consumer goods. Goods which are used or
and licensed or permitted to practice under
bought for use primarily for personal, family
RA 9266, who is professionally and aca-
or household purposes. Such goods are not
demically qualified and with exceptional or
intended for resale or further use in the pro-
recognized expertise or specialization in any
duction of other products. (Goods which by
branch of architecture. [Sec. 3, RA 9266].
their very nature are ready for consumption.)
Consulting services. Services for infrastruc- [Marsman & Co. v. First Coconut Central
ture projects and other types of projects or Co., GR L-39841. June 20, 1988].
activities of the govt. requiring adequate ex-
Consumer loan. A loan made by the lender to
ternal technical and professional experts
a person which is payable in installments for
that are beyond the capability and/or capaci-
which a finance charge is or may be im-
ty of the govt. to undertake such as, but not
posed. This term includes credit transac-
limited to: (I) advisory and review services;
tions pursuant to an open-end-credit plan
(ii) pre investment or feasibility studies; (iii)
other than a seller credit card. [Art. 4, RA
design; (iv) construction supervision; (v)
7394].
management and related services; and (vi)
other technical services or special studies. Consumer product safety rule. A consumer
[Sec. 5, RA 9184]. product safety standard declaring a con-
sumer product banned hazardous product.
Consumables. 1. Those things whose use
[Art. 4, RA 7394].
acc. to their nature destroys the substance
of the thing or causes their loss to the own- Consumer products and services. Goods,
er. Food is an example of a consumable services and credits, debts or obligations
thing. [Tolentino, Civ. Code of the Phils., which are primarily for personal, family,
Vol. II, Repr. 2001, p. 27]. 2. Items for con- household or agricultural purposes, which
sumption [i.e. for satisfying a personal need shall include but not limited to food, drugs,
rather than for producing goods or services]. cosmetics, and devices. [Art. 4, RA 7394].
[Customs AO 3-95, Dec. 6, 1995].
Consumer transaction. (a) (i) A sale, lease,
Consumer. 1. Any person, natural or juridical, assignment, award by chance, or other dis-
who purchases a brand new motor vehicle position of consumer products, incl. chattels

200
that are intended to be affixed to land, or of victim's body. [Austria v. People, GR 83530.
services, or of any right, title, or interest Dec. 18, 1990]. Compare with Near contact
therein, except securities as defined in the fire.
Securities Act and contracts of insurance
Contact tracing. The method of finding and
under the Ins. Code, or (ii) a grant of provi-
counseling the sexual partner(s) of a person
sion of credit to a consumer for purposes
who has been diagnosed as having sexually
that are primarily personal, family, house-
transmitted disease. [Sec. 4, RA 8496].
hold or agricultural, or (b) a solicitation or
promotion by a supplier with respect to a Contacts. See Connecting factors.
transaction referred to in clause (a). [Art. 4,
RA 7394]. Container. 1. Any form of packaging of prod-
ucts for sale as a normal retail unit, incl.
Consumerism. 1. The protection or promotion wrappers. [Sec.4, EO 51, Oct. 20, 1986]. 2.
of the interests of consumers. 2. The preoc- Any structure designed to contain, carry and
cupation of society with the acquisition of keep articles, materials and products to-
consumer goods. gether inside a hold in the form of boxes,
tanks, and the like, for singular or unit han-
Consumers cooperative. One the primary
dling and transport, generally having an in-
purpose of which is to procure and distribute
ternal volume or capacity of not less than 1
commodities to members and nonmembers.
cubic meter. Containers are further defined
[Art. 23, RA 6938].
acc. to their uses as dry cargo, refrigerated,
Consummate. 1. V. Make a marriage or rela- liquid bulk, platform, open top, solid bulk,
tionship complete by having sexual inter- ventilated, etc. [Sec. 1, PPA AO 08-79].
course. 2. Adj. Showing a high degree of
Containerization system. A system devised
skill and flair; complete or perfect.
to facilitate the expeditious and economical
Consummated contract. A contract that is loading, carriage and unloading of cargoes.
partially or completely executed. Under this system, the shipper loads his
cargoes in a specially designed container,
Consummated felony. A felony where all the
seals the container and delivers it to the car-
elements necessary for its execution and
rier for transportation. The carrier does not
accomplishment are present. [Art. 6. RPC].
participate in the counting of the merchan-
Consummated rape. Rape [which] was con- dise for loading into the container, the actual
summated from the moment the offender loading thereof nor the sealing of the con-
had carnal knowledge of the victim since by tainer. Having no actual knowledge of the
it he attained his objective. All the elements kind, quantity or condition of the contents of
of the offense were already present and the container, the carrier issues the corre-
nothing more was left for the offender to do, sponding bill of lading based on the declara-
having performed all the acts necessary to tion of the shipper. Then, the matter of
produce the crime and accomplish it. [Peo- quantity, description and conditions of the
ple v. Orita, GR 88724 Apr. 3, 1990]. Com- cargo is the sole responsibility of the ship-
pare with Attempted rape. per. [US Lines, Inc. v. Comm. of Customs,
GR 73490. June 18, 1987].
Consummation. The stage when the parties
perform their respective undertakings under Containerized or Container cargo. Cargoes
the contract culminating in the extinguish- packed inside a container for easy handling
ment thereof. [Ang Yu v. CA, GR 109125. or transporting of the same as a unit. [Sec.
Dec. 2, 1994]. Compare with Negotiation 1, PPA AO 08-79].
and Perfection.
Contaminate. Make something impure by
Contact fire. The phrase implies that the muz- exposure to or addition of a poisonous or
zle of the firearm had touched a part of the polluting substance.

201
Contamination. The production of substances opposition to its authority, justice, and digni-
not found in the natural composition of water ty. It signifies not only a willful disregard or
that make the water less desirable or unfit disobedience of the court‘s orders, but such
desirable or unfit for intended use. [Sec 4, conduct as tends to bring the authority of the
RA 9275]. court and the administration of law into dis-
repute or in some manner to impede the due
Contemner (or Contemnor). A person or
administration of justice. [Regalado v. Go,
entity who is guilty of contempt before a ju-
GR 167988, Feb. 6, 2007].
dicial or legislative body.
Contemptuous. Showing contempt; scornful.
Contemnor. See Contemner.
Content-based restraint or censorship.
Contemporanea expositio. Lat. Contempora-
Restriction [that] is based on the subject
neous exposition, or construction. Stat. Con.
matter of the utterance or speech. [Chavez
A construction drawn from the time when,
v. Gonzales, GR 168338, 15 Feb. 2008].
and the circumstances under which, the
Compare with Content-neutral regulation.
subject matter to be construed, such as a
custom or statute, originated. [People v. Si- Contentious. Causing or likely to cause an
mon, GR 93028. July 29, 1994]. argument; controversial.
Contemporanea expositio est optima et Contentious action or proceedings. See
fortissima in lege. Lat. Contemporaneous Adversarial action or proceedings.
exposition or construction is the best and
Content-neutral regulation. Regulation that
strongest in the law. [People v. Puno, GR
is merely concerned with the incidents of the
97471. Feb. 17, 1993].
speech, or one that merely controls the time,
Contemporaneous. Existing or occurring in place or manner, and under well defined
the same period of time. standards. [Chavez v. Gonzales, GR
168338, 15 Feb. 2008]. Compare with Con-
Contemporaneous circumstances. The
tent-based restraint or censorship.
conditions existing at the time the law was
enacted. [Suarez, Intro. to Law, 1995 3rd Contestable market. The electricity end-users
Ed., p. 23]. who have a choice of a supplier of electrici-
ty, as may be determined by the Energy
Contemporaneous construction by execu-
Regulatory Commission (ERC) in accord-
tive officers. Stat. Con. Construction placed
ance with RA 9136. [Sec. 4, RA 9136].
upon a statute by the executive officers
whose duty it is to enforce it, and unless Contested case. Any proceeding, incl. licens-
such interpretation is clearly erroneous, will ing, in which the legal rights, duties or privi-
ordinarily be controlled thereby. [In Re: Al- leges asserted by specific parties as re-
len, GR 1455. Oct. 29, 1903]. Compare with quired by the Consti. or by law are to be de-
Prospective construction. termined after hearing. [Sec. 2, Chap. 1,
Book VII, EO 292].
Contempt. A willful disregard or disobedience.
[People v. Rivera, GR L-3646 May 26, Contiguous. It means (a) in physical contact;
1952]. (b) touching along all or most of one side;
(c) near, text, or adjacent.
Contempt of court. Defiance of the authority,
justice or dignity of the court; such conduct Contiguous zone. 1. Water, sea bottom and
as tends to bring the authority and admin- substratum measured 24 nautical miles (24
istration of the law into disrespect, or to in- n. m.) seaward from the base line of the
terfere with or prejudice parties-litigants or Phil. archipelago. [Sec. 3, RA 7942]. 2. A
their witnesses during litigation. It is defined maritime zone seaward of a coastal state's
as disobedience to the Court by acting in territorial sea that may extend out to a dis-

202
tance of 24 miles from the baselines from tance of 200 nautical miles from the "base-
which the territorial sea is measured. In this lines from which the breadth of the territorial
zone, the coastal state may turn back a ship sea is measured where the outer edge of
planning to commit illegal acts inside its ter- the continental shelf does not extend up to
ritorial waters or arrest a ship leaving its ter- that distance.
ritorial waters that has violated local law. 3.
Continental stroke. An upward movement of
A zone contiguous to the territorial sea and
a knife or blade instrument, causing a stab
extends up to 12 nautical miles from the ter-
wound.
ritorial sea and over which the coastal state
may exercise control necessary to prevent Contingency. 1. A future event or circum-
infringement of its customs, fiscal, immigra- stance that is possible but cannot be pre-
tion or sanitary laws and regulations within dicted with certainty. 2. A provision for such
its territory or territorial sea. [Arts. 33, UN- an event or circumstance.
CLOS]. Compare with Exclusive economic
Contingency planning. A management pro-
zone.
cess that analyzes specific potential events
Continent. 1. N. Any of the world's main con- or emerging situations that might threaten
tinuous expanses of land [Africa, Antarctica, society or the environment and establishes
Asia, Australia, Europe, North America, arrangements in advance to enable timely,
South America]. 2. Adj. Able to control effective and appropriate responses to such
movements of the bowels and bladder. events and situations. [Sec. 3, RA 10121].
Continental. Forming or belonging to a conti- Contingent. 1. Adj. Subject to chance. 2. N. A
nent. group of people united by some common
feature, forming part of a larger group.
Continental shelf. 1. It comprises the seabed
and the subsoil of the submarine areas that Contingent beneficiary. The person named in
extend beyond the territorial sea throughout a policy to receive the proceeds at the death
the natural prolongation of the land territory of the insured in the event the Primary bene-
to the outer edge of the continental margin, ficiary dies. [Tiopianco, Commentaries & Ju-
or to a distance of 200 miles from the base- risp. on the Ins. Code of the Phil., 1999 Ed.,
lines from which the territorial sea is meas- p. 28].
ured where the outer edge of the continental
Contingent benefit plans. The timing of the
margin does not extend up to that distance.
[Sandoval, Pol. Law Reviewer 2003]. 2. The provision of the benefits of which is
seabed and subsoil of the submarine areas conditional on the occurrence of the
contingency. [Sec. 4, RA 9829].
that extend beyond a coastal state's territo-
rial sea throughout the natural prolongation Contingent claim. 1. One which has not ac-
of its land territory to the outer edge of the crued, and which is dependent on the hap-
continental margin. A coastal state may pening of some future event. 2. Within the
claim a continental shelf of up to 200 miles rule that claims against an estate which are
from the baselines from which the territorial not contingent are barred if not presented
sea is measured even if the continental within a certain time, it is one depending up-
margin is not that far seaward; but its maxi- on something thereafter to happen. Such a
mum claim can be no more than 350 miles. claim is not contingent after the happening
Continental shelf of a coastal state. Intl. of the event. 3. A claim against a decedent,
not absolute or certain, but depending upon
Law. [This] comprises the sea-bed and sub-
soil of the submarine areas that extend be- some event after the death of the testator or
yond its territorial sea throughout the natural intestate which may or may not happen. A
subsisting demand against the estate of a
prolongation of its land territory to the outer
edge of the continental margin, or to a dis- deceased person which had matured and

203
was capable of being enforced during the Continuing guaranty. One which is not lim-
lifetime of the deceased is not a contingent ited to a single transaction, but which con-
claim. [Reyes v. Rosenstock, GR 23718. templates a future course of dealing, cover-
Aug. 28, 1925]. ing a series of transactions, generally for an
indefinite time or until revoked. It s prospec-
Contingent fee agreement. A no recovery, no
tive in its operation and is generally intended
fee agreement bet. a lawyer and a client,
to provide security with respect to future
i.e., if the lawyer wins his case, he acquires
transactions within certain limits, and con-
a right to whatever amount stipulated bet.
templates a succession of liabilities, for
him and his client. See also Champertous
which, as they accrue, the guarantor be-
contract.
comes liable. Otherwise stated, a continuing
Continua. See Accession continua. guaranty is one which covers all transac-
tions, incl. those arising in the future, which
Continuance. Postponement of a legal pro- are within the description or contemplation
ceeding to a later date.
of the contract of guaranty, until the expira-
Continued crime. A single crime consisting of tion or termination thereof. [Diño v. ca GR
a series of acts but all arising from one crim- 89775. Nov. 26, 1992].
inal resolution. It is a continuous, unlawful
Continuing mandamus. Rem. Law. A writ
act or series of acts set on foot by a single issued by a court in an environmental case
impulse and operated by an unintermittent directing any agency or instrumentality of
force, however long a time it may occupy. the govt. or officer thereof to perform an act
Although there are series of acts, there is or series of acts decreed by final judgment
only one crime committed. Hence, only one
which shall remain effective until judgment is
penalty shall be imposed. [Mallari v. People, fully satisfied. [Rules of Procedure for Envi-
GR L-58886. Dec. 13, 1988]. ronmental Cases, AM 09-6-8-SC, Apr. 29,
Continuing appropriations. 1. An authoriza- 2010].
tion to support obligations for a specified Continuing objections. When it becomes
purpose or project, even when these obliga- reasonably apparent in the course of the
tions are incurred beyond the budget year. examination of a witness that the questions
2. Appropriations for specific projects, such being propounded are of the same class as
as those for construction of physical struc-
those to which objection has been made,
tures, or for the acquisition of real property whether such objection was sustained or
or equipment, which shall continue to be overruled, it shall not be necessary to repeat
available until the project is completed or
the objection, it being sufficient for the ad-
abandoned. Reversions shall not be made verse party to record his continuing objec-
or appropriations obligated by contract. Ap- tion to such class of questions. [Sec. 37,
propriations not obligated by contract may Rule 132, RoC].
not be continued if the same would result in
a negative balance in the unappropriated Continuing offense. An unlawful act per-
account of the fund concerned. [Sec. 14, PD formed continuously or over and over again.
477]. [Apiag v. Cantero, AM MTJ-95-1070. Feb.
12, 1997].
Continuing crime. A crime which occurred on
board a foreign vessel, which began when Continuing Professional Education (CPE).
the ship was in a foreign territory and con- The inculcation, assimilation and acquisition
tinued when it entered into Phil. waters. of knowledge, skills, proficiency and ethical
Hence, the crime is within the jurisdiction of and moral values, after the initial registration
the local courts. [US v. Bull, GR L-5270 Jan. of a professional that raise and enhance the
15, 1910]. professional's technical skills and compe-
tence. [Sec. 4, RA 10166].

204
Continuing proxy. One that grants authority or occasional. [Dir. of Lands v. IAC, GR
to a proxy to appear and vote for and in be- 68946. May 22, 1992].
half of a shareholder for a continuing period
Contra. Lat. To the contrary.
which should not be more than 5 years at
any one time. By-laws may provide for a Contra bonos mores. Also Contra bonus
shorter duration of a continuing proxy. Com- mores. Lat. Contrary to good morals. Ele-
pare with Specific proxy. ments. (a) There is an act which is legal; (b)
but which is contrary to morals, good cus-
Continuity. An uninterrupted succession or
tom, public order, or public policy; (c) and it
flow; a coherent whole.
is done with intent to injure. Thus, under any
Continuity of jurisdiction. Rem. Law. The of these 3 provisions of law, an act which
general principle that once a court has ac- causes injury to another may be made the
quired jurisdiction, that jurisdiction continues basis for an award of damages. [Albenson
until the court has done all that it can do to Enterprises Corp. v. CA, GR 88694. Jan. 11,
exercise that jurisdiction. See Adherence of 1993]. See Acts contra bonus mores.
jurisdiction.
Contra factum non valet argumentum. Lat.
Continuity of law principle. The legal maxim Against this fact no argument can prevail.
that, excepting that of a political nature, law [Fed. of Free Farmers v. CA, GR L-41161.
once established continues until changed by Sep. 10, 1981].
some competent legislative power. It is not
Contra non valentem agere nulla currit
changed merely by chance of sovereignty.
praescriptio. Lat. No prescription shall run
[Co Kim Cham v. Tan Keh, GR L-5 Sep. 17,
against a person unable to bring an action.
1945].
[Presidential Ad Hoc Committee on Behest
Continuity test. One of the twin characteriza- Loans v. Tabasondra. GR 133756 July 4,
tion tests which considers that doing busi- 2008].
ness implies a continuity of commercial
Contra proferentem. Lat. 1. Against the party
dealings and arrangements and contem-
proffering the evidence. 2. Against the party
plates, to some extent, the performance of
who caused the ambiguity and could have
acts or works or the exercise of some func-
avoided it by the exercise of a little more
tions normally incidental to and in progres-
care. [Orient Air Services & Hotel Reps. v.
sive prosecution of the purpose and object
CA, GR 76931, 29 May 1991]. 3. A rule
of its org. [Phil. Corporate Law, Villanueva,
premised on the belief that if a party is able
2001 ed.]. Compare with Subsequent test.
to stipulate terms, or is the party who writes
Continuous. Uninterrupted in time, sequence, the contract, then implicitly he occupies the
substance, or extent. stronger position. To redress the imbalance
bet. the parties, contra proferentem holds
Continuous crime. A single crime consisting
that the interpretation that favors the other
of a series of acts arising from a single crim-
party will be chosen.
inal resolution or intent not susceptible of di-
vision. [People v. Ledesma, GR L-41522 Contraband. Any article the importation or
Sep. 29, 1976]. exportation of which is prohibited by law.
[Comm. of Customs v. CTA, GR L-33471.
Continuous easements. Those easements
Jan. 31, 1972].
the use of which is or may be incessant,
without the intervention of any act of man. Contract. Civ. Law. A meeting of minds bet. 2
[Art. 615, CC]. persons whereby one binds himself, with re-
spect to the other, to give something or to
Continuous possession. Possession (that) is
render some service. [Art. 1305, CC]. Con-
uninterrupted, unbroken and not intermittent
tracts, in general, are perfected by mere

205
consent, which is manifested by the meeting Contract of agency. See Agency and Agen-
of the offer and the acceptance upon the cy contract.
thing and the cause which are to constitute
Contract of education. [A contract impliedly]
the contract. The offer must be certain and
entered into bet. [the educational or learn-
the acceptance absolute. [Adelfa Properties
ing] institution and the student when the lat-
v. CA, GR 111238. Jan. 25, 1995].
ter is enrolled in the former. [From Univ. of
Contract. Civ. Law. Classes of elements: (a) the East v. Jader, GR 132344, Feb. 17,
Essential elements without which there is no 2000].
valid contract; (b) natural elements or those
Contract of insurance. An agreement where-
presumed to exist by the fact that the con-
by one undertakes for a consideration to in-
tract was entered into (e.g., implied warran-
demnify another against the loss, damage or
ties in a contract of sale); and (c) accidental
liability arising from an unknown or contin-
elements or the particular stipulations estab-
gent event. [Sec. 2 (1), IC]. A contract of in-
lished by the parties (e.g., interests in a con-
surance is still a contract, thus it must have
tract of loan). [Diaz, Bus. Law Rev., 1991
all the essential elements of a valid contract
Ed., p. 64].
as enumerated in Art. 1318 of the Civ.
Contract. Civ. Law. Essential requisites: (a) Code.
Consent of the contracting parties; (b) object
Contract of insurance. Elements: (a) Scheme
certain which is the subject matter of the
to distribute losses – Such assumption of
contract; (c) cause of the obligation which is
risk is part of a general scheme to distribute
established. [Art. 1318, CC].
actual losses among a large group or sub-
Contract area. Land or body of water deline- stantial number of persons bearing a similar
ated for purposes of exploration, develop- risk; (b) Payment of premium – As consider-
ment, or utilization of the minerals found ation for the insurer‘s promise, the insured
there-in. [Sec. 3, RA 7942]. makes a ratable contribution called ―premi-
um,‖ to a general insurance fund; (c) Exist-
Contract for a piece of work. See Piece of
ence of insurable interest – The insured
work contract.
possesses an interest of some kind suscep-
Contract implied in fact. An agreement ar- tible of pecuniary estimation, known as ―in-
rived at by a consideration of the acts and surable interest.‖ In general [except in life
conducts of the parties involved. Also Im- insurance policies], a person is deemed to
plied-in-fact contract. have an insurable interest in the subject
matter insured where he has a relation or
Contract of adhesion. One in which one of
connection with or concern in it that he will
the parties imposes a ready-made form of derive pecuniary benefit or advantage from
contract, which the other party may accept its preservation and will suffer pecuniary
or reject, but which the latter cannot modify. loss from its destruction or injury by the
[PCIBank v. CA, GR 97785. Mar. 29, 1996]. happening of the event insured against; (d)
Contract of affreightment. The contract bet. Assumption of risk – The insurer assumes
a ship-owner and another person called that risk of loss for a consideration; and (e)
the charterer, by which the ship-owner Risk of loss – The insured is subject to a risk
agrees to carry goods of the charterer in his of loss through the destruction or impair-
ship, or to give to the charterer the use of ment of that interest by the happening of
the whole or part of the cargo-carrying designated peril. Bec. of the first element,
space of the ship for the carriage of his an insurance contract therefore is a risk-
goods on a specified voyage or voyages or distributing device.
for a specified time. See Affreightment
Contract of pure beneficence. Contracts
contract. designed solely and exclusively to procure

206
the welfare of the beneficiary, without any fulfillment of the condition agreed upon, that
intent of producing any satisfaction for the is, full payment of the purchase price. [Cor-
donor; contracts, in other words, in which onel v. CA, GR 103577. Oct. 7, 1996].
the idea of self-interest is totally absent on Compare with Contract of sale.
the part of the transferor. [Liguez v. CA, GR
Contract upon future inheritance. Succ. A
L-11240 Dec. 18, 1957]. See Gratuitous
contract prohibited under the 2nd par. of Art.
contract.
1347 of the Civ. Code, which may be classi-
Contract of sale. A contract wherein title fied as such where the following requisites
passes to the vendee upon the delivery of concur: (a) That the succession has not yet
the thing sold and the vendor has lost and been opened; (b) that the object of the con-
cannot recover ownership until and unless tract forms part of the inheritance; and (c)
the contract is resolved or rescinded. Com- that the promissor has, with respect to the
pare with Contract to sell. object, an expectancy of a right which is
purely hereditary in nature. [JLT Agro Inc. v.
Contract of sale. Elements: (a) Consent or
Balansag, GR 141882 Mar. 11, 2005].
meeting of the minds, that is, consent to
transfer ownership in exchange for the price; Contract worker. Any person working or who
(b) Determinate subject matter; and (c) Price has worked overseas under a valid em-
certain in money or its equivalent. [GR ployment contract and shall include seamen
103577. Oct. 7, 1996. Coronel v. CA]. or any person working overseas or who has
been employed by another which may be a
Contract of sale. Stages: (a) Preparation,
local employer, foreign employer, principal
conception, or generation, which is the peri-
or partner under a valid employment con-
od of negotiation and bargaining, ending at
tract and shall include seamen. [Eastern
the moment of agreement of the parties; (b)
Shipping Lines v. POEA, GR L-76633. Oct.
perfection of birth of the contract, which is
18, 1988].
the moment when the parties come to agree
on the terms of the contract; and (c) con- Contract-add-and-operate. A contractual
summation or death, which is the fulfillment arrangement whereby the project proponent
or performance of the terms agreed upon in adds to an existing infrastructure facility
the contract. [Tolentino, Commentaries and which it is renting from the govt. It operates
Jurisp. on the Civ. Code of the Phils., Vol. 4, the expanded project over an agreement
1985 Ed., 411; Paras, Civ. Code of the franchise period. There may, or may not be,
Phils. Annotated, vol. 4, 1989 Ed., 490]. a transfer arrangement in regard to the fa-
cility. [Sec. 2, RA 7718].
Contract price. The stipulated price in the pre-
need plan. [Sec. 4, RA 9829]. Contract-bar rule. A principle in labor law that
a collective bar-gaining agreement of rea-
Contract test. One of the jurisdictional tests of
sonable duration is, in the interest of the
―doing or transacting business‖ in the Phils.
stability of industrial relations, a bar to certi-
for foreign corps. which is based on whether
fication elections. [CCLU v. NLRC, GR L-
the contracts entered into by the foreign
38955-56. Oct. 31, 1974].
corp., or by an agent acting under the con-
trol and direction of the foreign corp., are Contracting. Labor. An arrangement whereby
consummated in the Phils. a principal agrees to put out or farm out with
a contractor or subcontractor the perfor-
Contract to sell. A bilateral con-tract whereby
mance or completion of a specific job, work
the prospective seller, while expressly re-
or service within a definite or pre-determined
serving the ownership of the subject proper-
period regardless of whether such job is to
ty despite delivery thereof to the prospective
be performed or completed within or outside
buyer, binds himself to sell the said property
the premises of the principal.
exclusively to the prospective buyer upon

207
Contractor. 1. A qualified person acting alone Contractual personnel. Civ. Serv. Those
or in consortium who is a party to a mineral whose employment in the govt. is in accord-
agreement or to a financial or technical as- ance with a employment in the govt. is in
sistance agreement. [Sec. 3, RA 7942]. 2. accordance with a special contract to under-
Any entity accredited under the laws which take a specific work or job, requiring special
may or may not be the project proponent or technical skills not available in the em-
and which shall undertake the actual con- ploying agency, to be accomplished within a
struction and/or supply of equipment for the specific period, which in no case shall ex-
project. [Sec. 2, RA 7718]. 3. A person, nat- ceed one year, and performs or accom-
ural or juridical, not subject to professional plishes the specific work or job, under his
tax, whose activity consists essentially of the own responsibility with a minimum of direc-
sale of all kinds of services for a fee, regard- tion and supervision from the hiring agency.
less of whether or not the performance of [Sec. 9. Rev. Admin. Code].
the service calls for the exercise or use of
Contractual reservation of title. A provision
the physical or mental faculties of such con-
in a contract for the sale of goods that the
tractor or his employees. [Sec. 131, RA
title to the goods remains vested in the sell-
7160]. 4. The term is deemed synonymous
er until certain obligations [usu. payment of
with the term builder and, hence, any person
the purchase price] are fulfilled by the buyer.
who undertakes or offers to undertake or
See Pactum reservati dominii.
purports to have the capacity to undertake
or submits a bid to, or does himself or by or Contrademanda. Sp. Cross-complaint. [Lopez
through others, construct, alter, repair, add v. Gloria, GR L-13846 Aug. 30, 1919].
to, subtract from, improve, move, wreck or
demolish any building, highway, road, rail- Contradictory. Mutually opposed or incon-
road, excavation or other structure, project, sistent.
development or improvement, or to do any Contradictory evidence. Testimony or evi-
part thereof, incl. the erection of scaffolding dence, consisting of prior inconsistent
or other structures or works in connection statements, presented by the same witness
therewith. The term contractor includes sub- in the same case.
contractor and specialty contractor. [Sec. 9,
RA 4566]. Contrahaciendo. Sp. Hacer una cosa tan
parecida a otra que con dificultad se
Contractor's Bond Act. Act 3959. [Expressly distingan. Eng. To make a thing of such
repealed by the Labor Code]. close resemblance to another that it is dis-
tinguished only with difficulty. [US v. Parai-
Contractors' License Law. RA 4566 entitled
―An Act creating the Phil. Licensing Board so, GR 91. Nov. 13, 1901]. Compare with
for Contractors, prescribing its powers, du- Fingir.
ties and functions, providing funds therefor, Contrarreclamacion. Sp. Counterclaim. A
and for other purposes‖ enacted on June 19, claim presented by a defendant in opposi-
1965. tion to or deduction from the claim of plain-
Contracts construed together principle. The tiff. [Lopez v. Gloria, GR L-13846 Aug. 30,
principle that in determining the intention of 1919].
the parties from the wording of the contract, Contrato inexistente. In Sp. law, a contract
the whole contract must be construed to- void ab initio.
gether. See Complimentarity of contract
principle. Contrato nulo. In Sp. law, a voidable contract.
Contractual. Of, relating to, or having the Contributing oil. Crude oil and fuel oil as
nature of a contract. defined in RA 9483. [Sec. 3, RA 9483].

208
Contribution. The amount paid by or in behalf is the proximate cause of the injury. [Ma-ao
of a member to the Natl. Health Insurance Sugar Central v. CA, GR 83491. Aug. 27,
Program for coverage, based on salaries or 1990]. 2. The doctrine holding that if the
wages in the case of formal sector employ- negligence of the plaintiff cooperated with
ees, and on household earnings and assets, the negligence of the defendant in bringing
in the case of self-employed, or on other cri- about the accident causing injury com-
teria as may be defined by the Phil. Health plained of, such negligence of the plaintiff
Ins. Corp. (PHIC) in accordance with the would be an absolute bar to recovery. But if
guiding principles set forth in Art. 1 of RA the negligence of the plaintiff is merely con-
7875, as amended. [Sec. 1, RA 9241]. tributory to his negligence, such negligence
would not be a bar to recovery, but the
Contribution clause. That clause in an insur-
amount recoverable shall be mitigated by
ance policy which aims to distribute the ac-
the courts. [Rakes v. AG & P, GR 1719 Jan.
tual amount of loss among the different in-
23, 1907; Art. 2179, CC].
surers who are liable for the same risk under
different policies in respect of the same sub- Contributory negligence. A mitigating cir-
ject matter. Any one insurer may pay to the cumstance in criminal prosecutions for neg-
insured the full amount of the loss covered ligence where it can be shown that the injury
by the policy and then become entitled to or damage suffered by the offended party
contribution from his co-insurers in propor- was caused in part by his own failure to ob-
tion to the amount which each has under- serve the necessary precaution.
taken to pay in case of loss of the same
Contributory plan. An insurance policy that
subject matter. Also called Principle of
requires an employee to pay a portion of the
contribution.
premium, which the employer deducts from
Contributory. Helping to bring about a result. wages while the remainder is paid by the
employer. [Pineda v. CA, GR 105562, Sep.
Contributory infringement. Requisites: (a)
27, 1993]. Compare with Non-contributory
Knowledge of the infringing activity; and (b)
plan.
a material contribution by way of actual as-
sistance or inducement to the alleged in- Control. 1. Corp Law. The power of a parent
fringement. corp. to direct or govern the financial and
operating policies of an enterprise so as to
Contributory infringement doctrine. The
obtain benefits from its activities. Control is
doctrine holding that one who directly con-
presumed to exist when the parent owns,
tributes to another‘s infringement should al-
directly or indirectly through subsidiaries or
so be held liable. See also Doctrine of con-
affiliates, more than 1/2 of the voting power
tributory infringement.
of an enterprise unless, in exceptional
Contributory negligence. Conduct on the circumstances, it can clearly be
part of the plaintiff which falls below the demonstrated that such ownership does not
standard to which he should conform for his constitute control. Control also exists even
own protection and which is legally contrib- when the parent owns ½ or less of the
uting cause, cooperating with the negligence voting power of an enterprise when there is
of the defendant in bringing about the plain- power: (a) over more than ½ of the voting
tiff‘s harm. [Sealoader Shipping Corp. v. rights by virtue of an agreement with
Grand Cement Manufacturing Corp., GR investors; (b) to direct or govern the financial
167363 Dec. 15, 2010]. and operating policies of the enterprise
under a statute or an agreement; (c) to
Contributory negligence doctrine. 1. The act appoint or remove the majority of the
or omission amounting to want of ordinary
members of the BoD or equivalent
care on the part of the person injured which, governing body; or (d) to cast the majority
concurring with the defendant's negligence,

209
votes at meetings of the BoD or equivalent dispute]: (a) the selection and engagement
governing body. [Sec. 4, RA 10142; Sec. 1, of the employee; (b) the payment of wages;
Rule 2, AM 00-8-10-SC, Dec. 2, 2008; Sec. (c) the power of dismissal; and (d) the em-
3, RA 9856]. 2. Ownership of stocks in a ployer's power to control the employee's
corp. possessing at least 51% of the total conduct. [Aurora Land Projects Corp. v.
voting power of all classes of stocks entitled NLRC, GR 114733. Jan. 2, 1997].
to vote. [Sec. 34, NIRC, as amended]. 3.
Control, Power of. The power of an officer to
The power to exercise a controlling
alter or modify or nullify or set aside what a
influence over the management or policies
subordinate officer had done in the perfor-
of a company, unless such power is solely
mance of his duties and to substitute the
the result of an official position with such
judgment of the former for the latter. [Garcia
company. Any person who owns
v. COA, GR 75025. Sep. 14, 1993].
beneficially, either directly or through one or
more controlled companies, more than 30% Controlled delivery. The investigative tech-
of the voting securities of a company shall nique of allowing an unlawful or suspect
be presumed to control such company. Any consignment of any dangerous drug and/or
person who does not so more than 30% of controlled precursor and essential chemical,
the voting securities of any company shall equipment or paraphernalia, or property be-
be presumed not to control such company. lieved to be derived directly or indirectly
[Sec. 3, RA 2629]. from any offense, to pass into, through or
out of the country under the supervision of
Control. Admin. Law. The power of an officer
an authorized officer, with a view to gather-
to alter or modify or nullify or set aside what
ing evidence to identify any person involved
a subordinate officer had done in the per-
in any dangerous drugs related offense, or
formance of his duties and to substitute the
to facilitate prosecution of that offense. [Sec
judgment of the former for that of the latter.
3, RA 9165].
[Mondano v. Silvosa, GR L-7708. May 30,
1955]. Compare with Supervision. Controlled precursors and essential chemi-
cals. Those listed in Tables I and II of the
Control powers of the President. A funda-
1988 UN Convention Against Illicit Traffic in
mentally accepted principle in Constitutional
Narcotic Drugs and Psychotropic Substanc-
Law that the Pres. has control of all execu-
es as enumerated in the attached annex,
tive departments, bureaus, and offices.
which is an integral part of RA 9165. [Sec 3,
[Carpio v. Exec. Sec., GR 96409. Feb. 14,
RA 9165].
1992].
Controller. An officer who audits accounts and
Control test. Comm. Law. The test under
supervises the financial affairs of a corp. or
which shares belonging to corps. or partner-
of a governmental body. See Coordinator.
ships at least 60% of the capital of which is
owned by Filipino citizens shall be consid- Controlling Authority. The official authority
ered as of Phil. nationality. Compare with charged by the govt. with the control of meat
Strict test or Grandfather rule. hygiene and meat inspection. [Sec. 4, RA
9296].
Control test. Corp. Law. The rule that the
nationality of the private corp. is determined Controversy. A litigated question; adversary
by the citizenship of its controlling stock- proceeding in a court of law; a civil action or
holder. [Diaz, Bus. Law Rev., 1991 Ed., p. suit, either at law or in equity; a justiciable
245]. dispute. [PAL v. NLRC, GR 120567. Mar.
20, 1998].
Control test. Labor. Elements [that] constitute
the reliable yardstick [whenever the exist- Contumacious. Obstinately disobedient or
ence of an employment relationship is in rebellious; insubordinate.

210
Contumacy. Stubborn refusal to obey or com- Conventional constitution. Consti. Law. A
ply with authority, esp. a court order or constitution enacted deliberately and con-
summons. sciously by a constituent body or ruler at a
certain time and place. [Suarez, Pol. Law
Convene. To call together, cause to assemble,
Reviewer, 1st Ed., 2002, p. 9]. Compare with
or convoke. [Kapatiran ng mga Naglilingkod
Cumulative constitution.
sa Pamahalaan ng Pilipinas, Inc. v. Tan, GR
L-81311. June 30, 1988]. Conventional period. Also Voluntary period.
The period agreed upon by the parties. [Di-
Convention. Intl. Law. 1. Legally binding
az, Bus. Law Rev., 1991 Ed., p. 16].
agreement bet. states sponsored by an intl.
org. 2. A multilateral treaty or agreement, Conventional redemption. Redemption that
usu. restricted to some technical matters. takes place when the vendor reserves the
The term is now used by the UN for agree- right to repurchase the thing sold, with the
ments, involving all or almost all members of obligation to return to the vendee the price
the UN on a particular subject, such as the of the sale, and, in addition, the expenses of
Vienna Convention on Treaties. [Coquia and the contract and any other legitimate pay-
Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. ments made by reason of the sale as well as
the necessary and useful expenses made
Convention Against Torture and Other Cru-
on the thing sold, and with other stipulations
el, Inhuman or Degrading Treatment or
which may have been agreed upon. [Arts.
Punishment or the “Torture Convention”.
1601 and 1616, CC]. Compare with Legal
The Convention adopted by the UN General
redemption.
Assembly on 10 Dec. 1984 (Resolution
39/46) and entered into force on 26 June Conventional subrogation. Subrogation
1987 after it had been ratified by 20 States. which takes place when a 3rd person ac-
quires all the rights of a creditor by express
Convention award. A foreign arbitral award
agreement of the debtor, the orig. creditor
made in a Convention State. [Sec. 3, RA
and the 3rd person (new creditor). [Diaz,
9285].
Bus. Law Rev., 1991 Ed., p. 59]. Also re-
Convention state. A State that is a member of ferred to as the Doctrine of substitution.
the New York Convention. [Sec. 3, RA
Conversion. 1. An unauthorized assumption
9285].
and exercise of the right of ownership over
Conventional. Based on or in accordance with goods or personal chattels belonging to an-
general agreement, use, or practice; cus- other, resulting in the alteration of their con-
tomary. dition or the exclusion of the owner's rights.
It takes place when a person actually ap-
Conventional compensation. [This occurs] propriates the property of another to his own
―when the parties agree to compensate their benefit, use, and enjoyment [Saddul, Jr. v.
mutual obligations even if some requisite is CA, GR 91041. Dec. 10, 1990]. 2. The act of
lacking, such as that provided in Art. 1282 changing the current use of a piece of agri-
[of the Civ. Code].‖ It is intended to eliminate
cultural land into some other use as ap-
or overcome obstacles which prevent ipso proved by the DAR. [Alarcon v. CA, GR
jure extinguishment of their obligations. 152085. July 8, 2003]. 3. The unauthorized
[UPSUMCO v. GR 126890, Apr. 2, 2009]. assumption and exercise by a warehouse-
Conventional compensation. Requisites: (a) man of the right of ownership over goods
That each of the parties can dispose of the belonging to another through the alteration
credit he seeks to compensate, and (b) that of their condition or the exclusion of the
they agree to the mutual extinguishment of owner‘s right. Compare with Reclassifica-
their credits. [UPSUMCO v. GR 126890, tion.
Apr. 2, 2009].

211
Conversion moratorium. The policy enunci- Convertible share. Corp. Law. A share which
ated in RA 8435 which prohibits the conver- is convertible or changeable by the stock-
sion of irrigated lands, irrigable lands al- holder from one class to another class (such
ready covered by irrigation projects with firm as from preferred to common) at a certain
funding commitments, and lands with exist- price and within a certain period. [De Leon,
ing or having the potential for growing high Corp. Code of the Phil. Annotated, 1989
value crops so delineated and included with- Ed., p. 63].
in the Strategic Agriculture and Fisheries
Convey. Broadly, to transfer property or title to
Development Zones (SAFDZ) for the period
property from one person to another. It may,
starting 10 Feb. 1998 to 09 Feb. 2003. [Sec.
however, include any other transaction by
2.5, DAR AO 01-02]
which any interest in real estate is created
Conversion of GOCC debts into equity or short of transferring title thereof. [Angela Es-
subsidy. A mechanism by which the govt., tate v. CFI Negros Occ., GR L-27084. July
through the BTr, converts into govt. equity 31, 1968].
and/or subsidy all outstanding debts of the
Conveyance. 1. A written document which
GOCCs in the event any GOCC is unable to
transfers property from one person to an-
settle its obligations.
other. In real-estate law, the conveyance
Conversion period. The time bet. the start of usu. refers to the actual document which
the organic management and the certifica- transfers owner-ship, bet. persons living
tion of crops, animal husbandry or a aqua- [i.e., other than by will], or which charges the
culture products as organic. [Sec. 3, RA land with another's interest, such as a mort-
10068]. gage. 2. It may refer not only to an absolute
sale but also to mortgage or any other
Convert. 1. To use or dispose of another's
transaction. It signifies every instrument by
property as if it were one's own. [Sy v. Peo-
which any estate or interest in real estate is
ple, GR 85785. Apr. 24, 1989]. 2. [The term]
created, alienated, mortgaged, or assigned.
connote[s] an act of using or disposing of
[Patalinghud v. Ballesteros, GR L-25421.
another‘s property as if it were one‘s own, or
Mar. 31, 1971].
of devoting it to a purpose or use different
from that agreed upon. [Tabaniag v. People, Convict. 1. N. One who has been finally con-
GR 165411, June 18, 2009]. Compare with demned by a court, one who has been ad-
Misappropriate. judged guilty of a crime or misdemeanor. 2.
V. To condemn after a judicial investigation.
Convert and misappropriate. [They] connote
[Torres v. Gonzales, GR 76872. July 23,
an act of using or disposing of another‘s
1987].
property as if it were one‘s own, or of devot-
ing it to a purpose or use different from that Conviction. 1. A verdict judgment, or plea of
agreed upon. [Saddul, Jr. v. CA, GR 91041. guilty, if such verdict, judgment or plea has
Dec. 10, 1990]. not been reversed, set aside, or withdrawn,
whether or not sentence has been imposed.
Convertible bond. Corp. Law. One which may
[Sec. 3, RA 2629]. 2. The result of a criminal
be exchanged for another security, usu.
trial which ends in a judgment or sentence
stock. The conversion privilege, a matter of
that the prisoner is guilty as charged.
contract, is usu. at the option of the bond-
[Torres v. Gonzales, GR 76872. July 23,
holder, limited to a stated period of time or
1987]. Often denotes the Final judgment of
conversion period and made at a prescribed
the court. 3. The formal decision of a crimi-
rate of exchange or conversion ratio. [Mar-
nal trial which finds the accused guilty. It is
tin, Commentaries and Jurisp. on Comml.
the finding of a court that a person has, be-
Laws, Vol. 1, 1988 Rev. Ed., p. 69].
yond reasonable doubt, committed the crime
for which he has been accused. It is the ul-

212
timate goal of the prosecution and the result join together to achieve a lawful common
resisted by the defense. Once convicted, an social and economic end. It is organized by
accused may then be sentenced. 4. A judg- the members who equitably contribute the
ment of guilt against a criminal defendant. required share capital and accept a fair
share of the risks and benefits of their un-
Cooling-off. Becoming quiet or calm, esp.
dertaking in accordance with the universally
after a state of agitation.
accepted corporate principles and practices.
Cooling-off period. Labor. The period of time [Sec. 3, RA 8425]. 3. A duly registered as-
that both parties to a labor dispute must ob- soc. of persons, with a common bond of in-
serve before carrying out a strike or impos- terest, who have voluntarily joined together
ing a lockout to afford each contending party to achieve a lawful common social economic
more time to arrive at a mutually acceptable end, making equitable contributions to the
solution to their problem; the required num- capital required and accepting a fair share of
ber of days that must elapse bet. the filing of the risks and benefits of the undertaking in
the notice to strike and 30 days in the case accordance with universally accepted coop.
of an economic strike, for the purpose of al- principles. [Sec. 4, RA 7607].
lowing tempers to cool down and to give a
Cooperative banks. 1. Banks whose owners
chance for reconciliation and mediation
are farmer's assocs. or coops. [Sec. 4, RA
work.
7607]. 2. Banks organized whose majority
Cooperation. That assistance which Art. 17 of shares are owned and controlled by coops.
the Rev. Penal Code prescribes of an ac- primarily to provide financial and credit ser-
complice (that) is knowingly and intentionally vices to coops. It shall include coop. rural
given and is not possible without prior banks. They are governed primarily by the
knowledge of the criminal purpose. Coop. Code [RA 6938].
Cooperation clause. Ins. 1. A clause which Cooperative Code of the Philippines. RA
provides in essence that the insured shall 6938 entitled ―An Act to Ordain a Coop.
give all such information and assistance as Code of the Phils.‖ enacted on Mar. 10,
the insurer may require, usu. requiring at- 1990.
tendance at trials or hearings. 2. A policy
Cooperative Development Authority (CDA).
provision compelling the insured to assist an
The govt. agency in charge of the registra-
insurer in defending claims under a policy.
tion and regulation of coops. [Art. 5 (8), RA
The rationale behind this provision is that
6938; Sec. 1, RA 9520].
the insured, rather than the insurer, is in a
much better position to ascertain certain in- Cooperative settlement training. The training
formation about claims that are critical to the of a group of young people or farmer fami-
defense process. lies in modern methods in agriculture and
coop. living and subsequently to organize
Cooperative. 1. A duly registered assoc. of
and locate them in coop. settlement. [Sec. 1,
persons with a common bond of interest
who have voluntarily joined together to
achieve a lawful common social and eco- Cooperatives. Orgs. composed primarily of
nomic end, making equitable contributions small agricultural producers, farmers, farm-
to the capital required and accepting a fair workers, or other agrarian reform beneficiar-
share of the risks and benefits of the under- ies who voluntarily organize themselves for
taking in accordance with universally ac- the purpose of pooling land, human, techno-
cepted coop. principles. [Sec. 4, RA 8435]. logical, financial or other economic re-
2. A duly registered assoc. of at least 15 sources, and operated on the principle of
persons, majority of which are poor, having one member, one vote. A juridical person
a common bond of interest, who voluntarily may be a member of a coop., with the same

213
rights and duties as a natural person. [Sec. Copy. In the law of trademark, one who knows
3, RA 6657]. of another trademark and knowingly adopts
a confusingly similar mark and uses it in the
Coordination. Harmonious combination.
same or related goods.
Coordinator. Also Controller, Supervisor,
Copy Certification. A notarial act in which a
Encargado or variants thereof. Any person
notary public: (a) is presented with an in-
who exercises control and supervision over
strument or document that is neither a vital
the collector or agent. [Sec. 2, RA 9287].
record, a public record, nor publicly record-
Co-ownership. 1. The ownership of an undi- able; (b) copies or supervises the copying of
vided thing or right belonging to different the instrument or document; (c) compares
persons. [Art. 484, CC]. 2. A form of trust the instrument or document with the copy;
and every co-owner is a trustee for the oth- and (d) determines that the copy is accurate
er. In co-ownership, the relationship of each and complete. [Sec. 4, Rule II, AM 02-8-13-
co-owner to the other co-owners is fiduciary SC].
in character and attribute. Whether estab-
Copyright. 1. A right over literary and artistic
lished by law or by agreement of the co-
works which are orig. intellectual creations
owners, the property or thing held pro-
in the literary and artistic domain protected
indiviso is impressed with a fiducial nature
from the moment of creation. [Sec. 171.1,
that each co-owner becomes a trustee for
IPC]. 2. The exclusive right: (a) to print, re-
the benefit of his co-owners and may not do
print, publish, copy, distribute, multiply, sell,
any act prejudicial to the interest of his co
and make photographs, photo-engravings,
owners. [Sotto v. Teves, GR L-38018. Oct.
and pictorial illustrations of the works; (b) to
31, 1978].
make any translation or other version or ex-
Copper smelting and refining. The manufac- tracts or arrangements or adaptations
ture of copper into basic forms, such as in- thereof; to dramatize it if it be a non-
gots, bars, billets, sheets, strips, circles, dramatic work; to convert it into a non-
sections, rods castings and extrusion. [Sec. dramatic work if it be a drama; to complete
2, RA 4095]. or execute if it be a model or design; (c) to
exhibit, perform, represent, produce, or re-
Co-principal by reason of conspiracy. 1. produce, the work in any manner or by any
One who has performed an overt act in pur-
method whatever for profit or otherwise; it
suance or furtherance of the conspiracy not reproduced in copies for sale, to sell any
[which] act may consist of active participa- manuscript or any record whatsoever there-
tion in the actual commission of the crime or
of; (d) to make any other use or disposition
moral assistance to his co-conspirators by of the work consistent with the laws of the
being present at the time of the commission land. [Sec. 5, PD 49]. 3. The exclusive right
of the crime. [GR 101801-03 May 2, 1995]. to produce or reproduce (copy), to perform
2. One who participates in the material exe- in public or to publish an orig. literary or ar-
cution of the crime by standing guard or
tistic work.
lending moral support to the actual perpetra-
tor [and as such he] is criminally responsible Copyright infringement. 1. Copying a sub-
to the same extent as the latter. [People v. stantial part of the orig. work belonging to
Bautista, GR L-440 Nov. 29, 1947]. another. 2. The doing by any person, with-
out the consent of the owner of the copy-
Co-production agreement (CA). An agree-
right, of anything the sole right to do which is
ment entered into bet. the Govt. and one or conferred by statute on the owner of the
more contractors in accordance with Sec. copyright. The act of lifting from another‘s
26(b) of RA 7942.
book substantial portions of discussions and
examples and the failure to acknowledge

214
the same is an infringement of copyright. court had no more jurisdiction over the case.
[Habana v. Robles, GR 131522, July 19, [Balajadia v. Pineda, GR L-45335, Jan. 31,
1999]. 1978].
Copyrightable works. 1. Literary and artistic Core list. A list of drugs that meets the health
works such as: (a) Books, pamphlets, arti- care needs of the majority of the population.
cles and other writings; (b) Lectures, ser- [Sec. 3, RA 6675].
mons, addresses, dissertations prepared for
Cornea. The transparent layer forming the
oral delivery, whether or not reduced in writ-
front of the eye.
ing or other material form; (c) Letters; (d)
Dramatic, choreographic works; (e) Musical Corneal excision. The surgical removal of
compositions; (f) Works of art; (g) Periodi- corneal tissue from cadaver eyes for the
cals and newspapers; (h) Works relative to purpose[ of eye banking and transplant.
geography, topography, architecture or sci- [Sec. 4, DOH AO 11-95].
ence; (i) Works of applied art; (j) Works of a
Corneal tissue. For purposes of tissue re-
scientific or technical character; (k) Photo-
graphic works; (l) Audiovisual works and trieval and eye banking, it refers to the entire
cinematographic works; (m) Pictorial illustra- transparent structure forming the anterior
part of the fibrous tunic of the eye plus 2 to 3
tions and advertisements; (n) Computer
programs; and (o) Other literary, scholarly, millimeters of scleral tissue. As such, the
scientific and artistic works. [Sec. 172.1, tissue would be roughly 15 millimeters di-
IPC]; and 2. Derivative works such as: (a) ameter and 0.4 to 0.5 millimeters in thick-
Dramatizations, translations, adaptations, ness. [Sec. 4, DOH AO 11-95].
abridgements, arrangements, and other al- Coronary. Legal Med. Encircling in the man-
terations of literary or artistic works; (b) Col- ner of a crown, a term applied to vessels,
lections of literary, scholarly, or artistic ligaments. etc. [Pa-ac v. Itogon-Suyoc
works and compilations of data and other Mines, GR L-35800. July 23, 1987].
materials which are orig. by reason of the
selection or coordination or arrangement of Coronary arteriosclerosis. Legal Med. A
their contents. [Sec. 173, IPC], condition characterized by a hardening and
thickening of the arteries which supply blood
Coral. 1. The hard calcareous substance to the heart muscle. [Bautista v. WCC, GR
made up of the skeleton of marine coelen- L-42885. Nov. 23, 1977].
terate polyps which include reefs, shelves
and atolls or any of the marine coelenterate Coronary heart disease. A heart disease due
animals living in colonies where their skele- to an abnormality of the arteries that supply
tons form a stony mass. [Sec. 4, RA 8550]. blood and oxygen to the heart.
2. Small anemone-like organisms belonging Coronary occlusion. Legal Med. The occlu-
to Phylum coelenterata which secrete their sion, or closing off, of a coronary artery. [Pa-
own skeletons of various forms that may be ac v. Itogon-Suyoc Mines, GR L-35800. July
hard, soft, stony or horny. [Sec. 3, PD 1219]. 23, 1987]. Commonly referred to as Heart
Coral reef. A natural aggregation of coral attack.
skeleton, with or without living coral polyps, Coronary thrombosis. Legal Med. The sud-
occurring in intertidal and subtidal marine den plugging of the artery by a blood clot
waters. [Sec. 4, RA 8550]. developing within the vessel. [Pa-ac v. Ito-
Coram non judice. Lat. 1. Before one who is gon-Suyoc Mines, GR L-35800. July 23,
not a judge. A legal term typically used to 1987]. Commonly referred to as Heart at-
indicate a legal proceeding without a judge, tack.
with improper venue, or without jurisdiction. Corporal. Of or relating to the human body.
2. [An order] having been issued when the

215
Corporal punishment. 1. Any kind of physical administrative regulations or registration, are
punishment inflicted on the body as distin- recognised as business entities independent
guished from pecuniary punishment or fine. of their owners.
[Rule on Juveniles in Conflict with The Law,
Corporate existence, Commencement of.
AM 02-1-18-SC, Nov. 24, 2009]. 2. A pun-
The date when a private corp. formed or or-
ishment for some violation of conduct which
ganized under the Corp. Code commences
involves the infliction of pain on, or harm to
to have corporate existence and juridical
the body. A fine or imprisonment is not con-
personality and is deemed incorporated
sidered to be corporal punishment [in the
which is reckoned from the date the SEC is-
latter case, although the body is confined,
sues a certificate of incorp. under its official
no punishment is inflicted upon the body].
seal, and there-upon the incorporators,
The death penalty is the most drastic form of
stockholders or members and their succes-
corporal punishment and is also called Capi-
sors shall constitute a body politic and cor-
tal punishment.
porate under the name stated in the AOI for
Corporate. Of or relating to a corp., esp. a the period of time mentioned therein, unless
large company or group. said period is extended or the corp. is soon-
er dissolved in accordance with law. [Sec.
Corporate alter ego doctrine. A doctrine
19, Corp. Code].
used by the courts to ignore the corporate
status of a group of stockholders, officers, Corporate farming. A term that describes the
and directors of a corp. in reference to their business of agriculture, specifically, what is
limited liability so that they may be held per- seen by some as the practices of would-be
sonally liable for their actions when they megacorps. involved in food production on a
have acted fraudulently or unjustly or when very large scale. It is a modern food industry
to refuse to do so would deprive an innocent issue, and encompasses not only the farm
victim of redress for an injury caused by itself, but also the entire chain of agriculture-
them. See Piercing the veil of corporate related business, incl. seed supply,
entity (or fiction) doctrine. agrichemicals, food processing, machinery,
storage, transport, distribution, marketing,
Corporate books and records. Records of all
advertising, and retail sales. The term also
business transactions of a corp. kept and
includes the influence of these companies
carefully preserved at its principal office incl.
on education, research and public policy,
the minutes of all meetings of stockholders
through their educational funding and govt.
or members, or of the BoD or BoT., in which
lobbying efforts. "Corporate farming" is often
is set forth in detail the time and place of
used synonymously with "agribusiness" (alt-
holding the meeting, how authorized, the no-
hough "agribusiness" quite often is not used
tice given, whether the meeting was regular
in the corporate farming sense), and it is
or special, if special its object, those present
seen as the destroyer of the family farm.
and absent, and every act done or ordered
done at the meeting. [Sec. 74, Corp. Code]. Corporate farms. Agricultural lands devoted
to farming which are owned or operated by
Corporate enterprise theory. The theory
private corps. or other business assocs.
espousing that the corp. is not merely an ar-
tificial being but more of an aggregation of Corporate franchise. 1. The right to exist and
persons doing business or an underlying do business as a corp.. 2. The right or privi-
business unit. lege granted by the state or govt. to the per-
sons forming an aggregate private corp.,
Corporate enterprises. Corps., joint stock
and their successors, to exist and do busi-
companies, coops., limited liability partner-
ness as a corp. and to exercise the rights
ships and other financial and non-financial
and powers incidental to that form of org. or
enterprises which by virtue of legislation,

216
necessarily implied in the grant. See Prima- [Sec. 25, Corp Code]; and 4. Such other of-
ry franchise. ficers as may be provided in the by-laws. An
officer is also considered a corporate officer
Corporate governance. A system whereby
if he has been appointed by the BoD.
shareholders, creditors and other stake-
[Easycall Communications Phils., Inc. v.
holders of a corp. ensure that management
Edward King, GR 145901, Dec. 15, 2005].
enhances the value of the corp. as it com-
Any 2 or more positions may be held con-
petes in an increasingly global market
currently by the same person, except that no
place.cralaw [SEC Res. 135, S. 2002].
one shall act as president and secretary or
Corporate liquidation. The continuation as a as president and treasurer at the same time.
body corporate of a corp. whose charter ex- [Sec. 25, Corp. Code].
pires by its own limitation or is annulled by
Corporate offsprings. See Subsidiaries.
forfeiture or otherwise, or whose corporate
existence for other purposes is terminated in Corporate opportunity doctrine. The doc-
any other manner, for 3 years after the time trine under which corporate officers are not
when it would have been so dissolved, for permitted to the use their position of trust
the purpose of prosecuting and defending and confidence to further their interests. It is
suits by or against it and enabling it to settle precisely a recognition by the courts that the
and close its affairs, to dispose of and con- fiduciary standards could not be upheld
vey its property and to distribute its assets, where the fiduciary was acting for 2 entities
but not for the purpose of continuing the with competing interests. This doctrine rests
business for which it was established. [Sec. fundamentally on the unfairness, in particu-
122, Corp. Code]. lar circumstances, of an officer or director
taking advantage of an opportunity for his
Corporate negligence doctrine. [T]he judicial
own personal profit when the interest of the
answer to the problem of allocating hospi-
corp. justly calls for protection. [Gokongwei
tal‘s liability for the negligent acts of health
v. SEC, GR L-45911. Apr. 11, 1979].
practitioners, absent facts to support the ap-
plication of respondeat superior or apparent Corporate or Primary / General franchise. A
authority. Its formulation proceeds from the kind of franchise giving grant to [an entity]
judiciary‘s acknowledgment that in these exist as a corp.;
modern times, the duty of providing quality
Corporate rehabilitation. 1. [It] connotes the
medical service is no longer the sole pre-
restoration of the debtor to a position of suc-
rogative and responsibility of the physician.
cessful operation and solvency, if it is shown
The modern hospitals have changed struc-
that its continued operation is economically
ture. Hospitals now tend to organize a highly
feasible and its creditors can recover by way
professional medical staff whose compe-
of the present value of payments projected
tence and performance need to be moni-
in the rehabilitation plan, more if the corp.
tored by the hospitals commensurate with
continues as a going concern than if it is
their inherent responsibility to provide quality
immediately liquidated. [Rule 2, Sec. 1,
medical care. [Professional Services, Inc. v.
Rules of Procedure on Corp. Rehab., effec-
Agana, GR 126297, Jan. 31, 2007].
tive Jan. 19, 2009]. 2. It contemplates a con-
Corporate officers. They include the: 1. Pres- tinuance of corporate life and activities in an
ident – must be a director at the time the as- effort to restore and reinstate the corp. to its
sumes office, not at the time of appointment; former position of successful operation and
2. Treasurer – may or may not be a director; solvency, the purpose being to enable the
as a matter of sound corporate practice, company to gain a new lease on life and al-
must be a resident; 3. Secretary – need not low its creditors to be paid their claims out of
be a director unless required by the by-laws; its earnings. [Malayan Ins. Co., Inc. v. Victo-
must be a resident and citizen of the Phils.;

217
rias Milling Co., Inc., GR 167768, Apr. 17, the pursuit of its purposes as provided for in
2009]. its Charter.
Corporate residence. The place stated in the Corporation aggregate. [One] formed for the
law creating the corp. or in its AOI. same purpose [as that of a corp. sole and]
consists of 2 or more persons. [Iglesia
Corporate responsibility doctrine. [The doc-
Evangelica Metodista en las Islas Filipinas,
trine following which it was held that] a hos-
Inc. v. Juane, GR 172447, Sep. 18, 2009].
pital x x x has the duty to see that it meets
the standards of responsibilities for the care Corporation by estoppel. Persons who as-
of patients. Such duty includes the proper sume to act as a corp. knowing it to be with-
supervision of the members of its medical out authority to do so. They are liable as
staff. [Professional Services, Inc. v. Agana, general partners for all debts, liabilities and
GR 126297, Jan. 31, 2007]. damages incurred or arising as a result
thereof. When sued on any transaction en-
Corporate secretary. Officer of a corp. re-
tered by it as a corp. or on any tort commit-
sponsible for the official documents of the
ted by it as such, it is estopped from using
corp. such as the official seal, records of
as a defense its lack of corporate personali-
shares issued, and minutes of all board or
ty. [Sec. 21, Corp. Code].
committee meetings.
Corporation by prescription. A corp. which
Corporate term. The period within which a
has exercised corporate powers for an in-
corp. shall exist which shall not exceed 50
definite period without interference on the
years from the date of incorp. unless sooner
part of the sovereign power. E.g., Roman
dissolved or unless said period is extended.
Cath. Church.
The corporate term as originally stated in
the AOI may be extended for periods not Corporation Code. BP 68 entitled ―The Corp.
exceeding 50 years in any single instance Code of the Phils.‖ enacted on May 1, 1980.
by an amendment of the AOI, in accordance
Corporation sole. 1. A corp. formed by the
with the Corp. Code. [Sec. 11, Corp. Code].
chief archbishop, bishop, priest, minister,
Corporation. 1. An artificial being created by rabbi or other presiding elder of such reli-
operation of law, having the right of succes- gious denomination, sect or church for the
sion and the powers, attributes and proper- purpose of administering and managing, as
ties expressly authorized by law or incident trustee, the affairs, property and temporali-
to its existence. [Sec. 2, Corp. Code]. 2. An ties of any religious denomination, sect or
entity separate and distinct from its stock- church. [Sec. 110, Corp. Code]. 2. A special
holders. While not in fact and in reality a form of corp. usu. associated with the cler-
person, the law treats a corp. as though it gy. Conceived and introduced into the
were a person by process of fiction or by re- common law by sheer necessity, this legal
garding it as an artificial person distinct and creation was designed to facilitate the exer-
separate from its individual stockholders. cise of the functions of ownership carried on
[Remo v. IAC, GR 67626. Apr. 18, 1989]. by the clerics for and on behalf of the church
which was regarded as the property owner
Corporation. Kinds of powers: 1. Express
[Rep. v. IAC, GR L-75042. Nov. 29, 1988].
powers which are granted by law, Corp.
Code, its AOI or Charter, and admin. regula- Corporators. Those who compose a corp.,
tions; 2. Inherent or incidental powers which whether as stockholders or as members.
are not expressly stated but are deemed to [Sec. 5, Corp. Code].
be within the capacity of corporate entities;
Corporeal. Of, relating to, or characteristic of
and 3. Implied or necessary powers which
the body; bodily.
exist as necessary consequences of the ex-
ercise of the express powers of the corp. or Corpus. Body; collection.

218
Corpus delicti. The body [material substance] Correspondent bank. A bank which acts as
upon which a crime has been committed, an agent of another bank, esp. in carrying a
e.g., the corpse of a murdered man or the deposit balance for the latter.
charred remains of a house burned by an
Corroborate. Confirm or give support to a
arsonist. 3. In a derivative sense, it means
statement, theory, or finding.
the substantial fact that a crime was commit-
ted. [People v. Lorenzo, GR 110107. Jan. Corroborative. Collateral; serving to support
26, 1995]. or corroborate.
Corpus delicti. Elements: (a) That a certain Corroborative evidence. 1. Evidence which is
result has been proved, for example a man of a different kind and character as that al-
has died or a building has been burned, and ready given and tends to prove the same
(b) that some person is criminally responsi- proposition. 2. Supplementary evidence that
ble for the act. [People v. Lorenzo, GR tends to strengthen or confirm the initial evi-
110107. Jan. 26, 1995]. dence. Compare with Cumulative evi-
dence.
Correct. To make or set right; to remove the
faults or error from. [Co v. Civil Register of Corrosive. 1. Any substance which on contact
Manila, GR 138496, 23 Feb. 2004]. Com- with living tissue will cause destruction of
pare with Change. tissue by chemical action. [Art. 4, RA 7394].
2. Any substance or material, either liquid,
Correctional. Of or relating to the punishment
solid or gaseous, which through chemical
of criminals in a way intended to rectify their
reaction wears away, impairs or consumes
behavior.
any object. It shall include but not limited to
Correctional penalties. The following are alkaline battery fluid packed with empty
correctional penalties under the Rev. Penal storage battery, alkyl chloroformate, alkytri-
Code: Prision correccional, arresto mayor, chlorosilane, ammonium dinitro-
suspension, destierro, and fine, whether im- orthocresolate and other similar materials
posed as a single of as an alternative penal- and substances. [Sec. 5, RA 6235].
ty, which does not exceed 6,000 pesos but
Corrosive liquid. Any liquid which causes fire
is not less than 200 pesos. [Arts. 25-26,
when in contact with organic matter or with
RPC].
certain chemicals. [Sec. 3, PD 1185; Sec. 3,
Corrective. Designed to correct or counteract RA 9514].
something harmful or undesirable.
Corrupt. 1. Adj. Having or showing a willing-
Corrective damages. Damages requested ness to act dishonestly in return for money
and/or awarded in a lawsuit when the de- or personal gain. 2. V. Cause to act dishon-
fendant's willful acts were malicious, violent, estly in return for money or personal gain.
oppressive, fraudulent, wanton, or grossly
Corrupt practices. In politics, [the tem refers
reckless. See Exemplary damages.
to] fraud connected with elections. The term
Correlative. A reciprocal or complementary also refers to various offenses by public offi-
relationship. cials, incl. bribery, the sale of offices, grant-
ing of public contracts to favored firms or in-
Correspondence with hostile country. Crim.
dividuals, and granting of land or franchises
Law. The felony committed by any person
in return for monetary rewards.
who in time of war, shall have correspond-
ence with an enemy country or territory oc- Corruption. 1. Dishonest or fraudulent con-
cupied by enemy troops. [Art. 120, RPC]. duct by those in power, typically involving
bribery. 2. The action of making someone or
something morally depraved or the state of
being so.

219
Corruption of minors. Crim. Law. The felony terms in a contract of sale of goods whereby
committed by any person who shall promote the seller must pay the cost and freight nec-
or facilitate the prostitution or corruption of essary to bring the goods to the named port
persons underage to satisfy the lust of an- of destination.
other. [Art. 340, RPC].
Cost, insurance and freight (CIF). The terms
Corruption of public officials. Crim. Law. in a contract of sale of goods whereby the
The felony committed by any person who seller must pay the costs and freight neces-
shall have made the offers or promises or sary to bring the goods to a named port of
given the gifts or presents as described in destination, and must also procure mar. ins.
Art. 210 and 211 of the Rev. Penal Code. against the buyer's risk of loss to the goods
[Art. 212, RPC]. during the carriage.
Cosas muebles. Sp. Movable chattels. [US v. Cost of acquisition. The indication of the
Carlos, GR 6295. Sep. 1, 1911]. amount of outlay that the govt. spent or paid
for acquiring the property. [Memo. from the
Co-signer. See Co-maker.
Exec. Sec. dated Aug. 20, 1998].
Cosmetics. 1. (a) Articles intended to be
Cost of living. 1. The level of prices relating to
rubbed, poured, sprinkled or sprayed on, in-
a range of everyday items. 2. The cost of
troduced into or otherwise applied to the
purchasing those goods and services which
human body or any part thereof for clean-
are included in an accepted standard level
sing, beautifying, promoting attractiveness,
of consumption. [Gutierrez v. DBM, GR
or altering the appearance, and (b) article in-
153266, GR 159007, GR 159029, GR
tended for use as a component of any such
170084, GR 172713, GR 173119, GR
article except that such term shall not in-
176477, GR 177990, AM 06-4-02-SB, Mar.
clude soap. [Art. 4, RA 7394]. 2. Any sub-
18, 2010].
stance or preparation intended to be placed
in contact with the various external parts of Cost of Living Allowance (COLA). 1. A bene-
the human body or with the teeth and the fit intended to cover increases in the cost of
mucous membranes of the oral cavity, with living. 2. Allowance given to workers to
a view exclusively or mainly to cleaning compensate for loss in purchasing power
them, perfuming them, changing their ap- due to inflation. Rate of COLA is commonly
pearance and/or correcting body odor, pegged to a general index such as consum-
and/or protecting the body or keeping them er price index (CPI).
in good condition. [Sec. 9, RA 9711].
Cost of living index adjustment clauses.
Cost. An amount that has to be paid or spent Clauses widely used in commercial con-
to buy or obtain something. tracts [the purpose of which is] to maintain
fiscal stability and to retain [‗real peso‘] val-
Cost and freight (C & F). 1. Shipment con- ue to the price terms of long term contracts.
tracts. The term means that the price fixed [Banco Filipino Savings and Mortgage Bank
includes in a lump sum the cost of the goods v. Navarro, GR L-46591. July 28, 1987].
and freight to the named destination. It
simply means that the seller must pay the Cost of qualified borrowings. The weighted
costs and freight necessary to bring the average interest paid by the World Bank or
goods to the named destination but the risk the Asian Development Bank on portions of
of loss or damage to the goods is trans- its borrowings.
ferred from the seller to the buyer when the Cost of services. All direct costs and expens-
goods pass the ship's rail in the port of es necessarily incurred to provide the ser-
shipment. [Filipino Merchants Ins. Co., INC. vices required by the customers and clients
v. CA, GR 85141. Nov. 28, 1989]. 2. The incl. (a) salaries and employee benefits of

220
personnel, consultants and specialists di- existent with the tenure of the appointing au-
rectly rendering the service and (b) cost of thority or at his pleasure. [Sec. 14, Omnibus
facilities directly utilized in providing the ser- Rules Implementing Book V of EO 292].
vice such as depreciation or rental of
Co-terminous with the incumbent. Civ. Serv.
equipment used and cost of supplies. [Sec.
An appointment [which] is co-existent with
27, NIRC, as amended].
the appointee, in that after the resignation,
Costs. 1. Costs shall include fees and indem- separation or termination of the services of
nities in the course of the judicial proceed- the incumbent the position shall be deemed
ings, whether they be fixed or unalterable automatically abolished. [Sec. 14, Omnibus
amounts previously determined by law or Rules Implementing Book V of EO 292].
regulations in force, or amounts not subject
Co-terminous with the project. Civ. Serv. An
to schedule. [Art. 37, RPC]. 2. The expens-
appointment [which] is co-existent with the
es of prosecuting or defending a lawsuit,
duration of a particular project for which
other than the attorney fees. An amount of
purpose employment was made or subject
money may be awarded to the successful
to the availability of funds for the same.
party (and may be recoverable from the los-
[Sec. 14, Omnibus Rules Implementing
ing party) as reimbursement for court costs.
Book V of EO 292].
Costs of suit. They comprise the fees and
Cottage industry. 1. A modest economic
indemnities in the course of judicial proceed-
activity for profit using primarily indigenous
ings, whether fixed or unalterable amounts
raw materials in the production of various ar-
previously determined by law or regulations
ticles that generally involve craftsmanship,
in force, incl. those amounts which are not
artistic skills and the tradition of the country.
subject to schedule. [Art. 37, RPC].
[EO 917, Oct. 15, 1983]. 2. An economic ac-
Co-terminous or Coterminous. Having the tivity in a small scale which is carried on
same boundaries or extent in space, time, or mainly in the homes or in other places for
meaning. profit and which is mainly done with the help
of the members of the family. [RA 3470].
Co-terminous appointment. Civ. Serv. 1. An
appointment issued to a person whose en- Cottage or Handicraft establishment. One
trance and continuity in the service is based engaged in an economic endeavor in which
on the trust and confidence of the appointing the products are primarily done in the home
authority or that which is subject to his or such other places for profit which requires
pleasure, or co-existent with his tenure, or manual dexterity and craftsmanship and
limited by the duration of project or subject whose capitalization does not exceed
to the availability of funds. [Sec. 14, Omni- P500,000, regardless of previous registra-
bus Rules Implementing Book V of EO 292]. tion with the defunct NACIDA. [Sec. 1, Rule
2. An appointment co-existing with the ten- 7, Book 3, IRR of LC].
ure of the appointing authority or at his
Cotton Industry Development Law of 1998.
pleasure. [Omnibus Rules Implementing the
RA 8486 entitled ―An Act merging the Phil.
Rev. Admin. Code and CSC Res. 91-1631].
Cotton Corp. and the Cotton Research and
Co-terminous with a specific period. Civ. Devt. Institute into a Cotton Devt. Admin.,
Serv. An appointment is for a specific period vesting it with regulatory powers and appro-
and upon expiration and upon thereof, the priating funds for the purpose‖ enacted on
position is deemed abolished. [Sec. 14, Feb. 11, 1998.
Omnibus Rules Implementing Book V of EO
Counsel. 1. An adviser, a person professional-
292].
ly engaged in the trial or management of a
Co-terminous with the appointing authority. cause in court; a legal advocate managing a
Civ. Serv. An appointment [which] is co- case at law; a lawyer appointed or engaged

221
to advise and represent in legal matters a same ought not to pray for a positive reme-
particular client, public officer, or public dy distinct from the payment of money.
body. 2. A legal adviser; a term used to refer [Lopez v. Gloria, GR L-13846 Aug. 30,
to lawyers in a case. 1919].
Counsel de oficio. 1. A lawyer appointed by Counterfeit. To forge; to copy or imitate, with-
the Court to render free legal assistance to out authority or right, and with a view to de-
an indigent litigant who cannot afford to pay ceive or defraud, by passing the copy or
for legal representation. It is in pursuance of thing forged for that which is orig. or genu-
the mandate under Sec. 11, Art. III of the ine.
Consti. which states: ―Free access to the
Counterfeit access device. Any access de-
courts and quasi-judicial bodies and ade-
vice that is counterfeit, fictitious, altered, or
quate legal assistance shall not be denied to
forged, or an identifiable component of an
any person by reason of poverty.‖ Also
access device or counterfeit access device.
sometimes spelled as Counsel de officio.
[Sec. 3, RA 8484].
2. A lawyer or attorney appointed by the
court to represent a party, usu. an indigent Counterfeit product. Any consumer product
defendant, in a criminal case. [Pineda, Legal which, or the container or labeling of which,
and Judicial Ethics, (1999 Ed.), p. 8]. See without authorization, bears the trade-mark,
also Court-appointed attorney. trade name, or other identifying mark, im-
print, or device, or any likeness thereof, of a
Counsel fee. A fee obligated to be paid by a
consumer product manufacturer, processor,
client in favor of his lawyer.
packer, distributor, other than the person or
Counsel guarantee. The assurance of the persons who in fact manufactured, pro-
assistance of counsel. cessed, packed or distributed such product
and which thereby falsely purports or is rep-
Counselor. An attorney at law; one or more
resented to be the product of, or to have
attorneys representing parties in an action.
been packed or distributed by such con-
Countercharge. A charge in answer to anoth- sumer product manufacturer, processor,
er charge or against the accuser. packer, or distributor. [Art. 4, RA 7394].
Counterclaim. 1. Any claim for money or other Counterfeiting the great seal of the Gov-
relief which a defending party may have ernment of the Philippines, forging the
against an opposing party. A counterclaim signature or stamp of the Chief Execu-
need not diminish or defeat the recovery tive. Crim. Law. The felony committed by
sought by the opposing party, but may claim any person who shall forge the Great Seal
relief exceeding in amount or different in of the Govt. of the Phils. or the signature or
kind from that sought by the opposing par- stamp of the Chief Exec. [Art. 161, RPC].
ty's claim. [Sec. 6, Rule 6, RoC]. 2. A claim
Counterfeiting, importing and uttering in-
made by the defendant in a civil lawsuit
struments not payable to bearer. Crim.
against the plaintiff. In essence, a counter
lawsuit within a lawsuit.
who shall forge, import or utter, in conniv-
Counterclaim. Essential requisites: (a) That ance with the forgers or importers, any in-
the same be essentially a genuine action of strument payable to order or other docu-
the defendant against the plaintiff; (b) that ment of credit not payable to bearer. [Art.
the same should have as its object to neu- 167, RPC].
tralize, wholly or partially, that which the
Counterpart fund. The portion of the cost of a
plaintiff is trying to obtain; (c) that the same
foreign-assisted project, which is, shoul-
does not have for its object to destroy direct-
dered by the borrower as contribution to the
ly the action of the plaintiff; and (d) that

222
completion of the project as stipulated in the thorities of the Rep. of the Phils., or any mili-
foreign loan or grant agreement. tary camp or installation, communications
network, public utilities or other facilities
Countervailing. Having equal force but an
needed for the exercise and continued pos-
opposite effect.
session of power, singly or simultaneously
Countervailing duties. A duty placed on im- carried out anywhere in the Phils. by any
ported goods that are being subsidized by person or persons, belonging to the military
the importing govt. This helps to even the or police or holding any public office of em-
playing field bet. the domestic producers ployment with or without civilian support or
and the foreign producers receiving subsi- participation for the purpose of seizing or
dies. diminishing state power. [Art. 134-A, RPC,
as amended by RA 6968].
Countervailing duty. A duty levied in an
amount equal to the ascertained or estimat- Coup d'etat law. RA 6968 entitled ―An Act
ed amount of the bounty, subsidy or subven- punishing the crime of coup d'etat by
tion granted by the foreign country on the amending Arts. 134, 135 and 136 of Chap.
production, manufacture or exportation into One, Title 3 of Act 3815, otherwise known
the Phils. of any article likely to injure an inas the Rev. Penal Code, and for other pur-
dustry in the Phils. or retard or considerably poses‖ enacted on Oct. 24, 1990.
retard the establishment of such industry.
Coupon bond. 1. Nego. Inst. A bond to which
[Sec. 302, TCC].
are attached coupons which entitle the
Countervailing measures. A duty specifically holder to interest when due. 2. Corp. Law.
levied to offset a subsidy. One to which are attached coupons for the
several successive installments of interest
Counting center. A public place designated accruing on the bond to maturity. The cou-
by the Comelec where counting of votes and pons are simple promissory notes that enti-
canvassing or consolidation of results shall
tle the holder to interest when due; such
be conducted. [Sec. 2, RA 8436]. coupons may be detached and negotiated
Counting machine. A machine that uses opti- separately and once detached and negotiat-
cal scanning or mark sense reading device ed cease to be mere incidents of the bond
or any similar advanced technology to count and become independent claims. [Martin,
ballots. [Sec. 2, RA 8436; Sec. 2, RA 8046]. Commentaries and Jurisp. on Comml. Laws,
Vol. 1, 1988 Rev. Ed., p. 69].
Country. Pol. Law. Any independent political
unit or sovereign nation, territory, colony and Court. 1. A body in govt. to which the admin-
political or territorial subdivision. [Sec. 2, PD istration of justice is delegated. 2. Fam. Law.
1433]. A family court or, in places where there are
no family courts, any RTC. [Sec. 4, RA
Countryside. The land and scenery of a rural 9344]. 3. As referred to in Art. 6 of the Model
area. The inhabitants of such an area. Law, the term shall mean an RTC. [Sec. 3,
Countryside and barangay business enter- RA 9285]. 4. Corp. Law. The proper RTC
prise. Any business entity, assoc., or coop. designated to hear and decide the cases
registered under the provisions of RA 6810, contemplated under the Rules of Proc. on
otherwise known as "Magna Carta For Corporate Rehab. [Sec. 1, Rule 2, AM 00-8-
Countryside And Barangay Business Enter- 10-SC, Dec. 2, 2008]. 4. The court desig-
prises (Kalakalan 20)." [Sec. 131, RA 7160]. nated by the Sup. Court to hear and deter-
mine, at the 1st instance, the cases brought
Coup d'etat. Fr. A swift attack accompanied under RA 10142. [Sec. 4, RA 10142].
by violence, intimidation, threat, strategy or
stealth, directed against duly constituted au- Court costs. The expenses of prosecuting or
defending a lawsuit, other than the attorney

223
fees. An amount of money may be awarded al issues, each one of them should be sepa-
to the successful party (and may be recov- rately addressed, as much as practicable.
erable from the losing party) as reimburse- The respective contentions of the parties
ment for court costs. should also be mentioned here. When pro-
cedural questions are raised in addition to
Court Information. Information filed in or gen-
substantive ones, it is better to resolve the
erated by the courts, incl. all official records,
former preliminarily. [Velarde v. Social Jus-
documents, and decisions. Only court infor-
tice Society, GR 159357, Apr. 28, 2004].
mation that is not confidential may be dis-
closed. [RE: SC Access to Justice for the Court-annexed mediation. Any mediation
Poor Project, Art. 1, AM 05-2-01-SC, Mar. process conducted under the auspices of
13, 2007]. the court, after such court has acquired ju-
risdiction of the dispute. [Sec. 3, RA 9285].
Court martial. A military court set up to try and
punish offenses taken by members of the Court-appointed attorney. Attorney appoint-
army, navy or air force. ed by the court to represent a defendant,
usu. with respect to criminal charges and
Court of admiralty. A rather archaic term
without the defendant having to pay for the
used to denote the court which has the right
representation. See also Counsel de oficio.
to hear shipping, ocean and sea legal cas-
es. Also known as Maritime law. Court-referred mediation. Mediation ordered
by a court to be conducted in accordance
Court of First Instance. 1. A court in which
with the Agreement of the Parties when as
legal proceedings are begun or first heard.
action is prematurely commenced in viola-
2. The precursor of the present-day RTC.
tion of such agreement. [Sec. 3, RA 9285].
Court of Industrial Relations Act. CA 103, as
Courts of equity. Courts which administer a
amended. [Expressly repealed by the Labor
legal remedy acc. to the system of equity, as
Code].
distinguished from courts of common law.
Court of origin or original jurisdiction. A
Covenant. 1. An intl. compact which has bind-
court where a matter is initiated and heard in
ing effect, usu. on many States. [Coquia and
the 1st instance; a trial court.
Santiago, Intl. Law, 3rd Ed. (1998), p. 492].2.
Court of record. 1. A court which is bound to A written document in which signatories ei-
keep a record of its proceedings for a per- ther commit themselves to do a certain
petual memorial and testimony thereof. thing, to not do a certain thing or in which
[Melgar v. Delgado, GR 30892. July 22, they agree on a certain set of facts.
1929]. 2. A court in which the proceedings
Cover note. 1. A note which may be issued to
are recorded, transcribed, and maintained
bind insurance temporarily pending the is-
as permanent records.
suance of the policy. Within 60 days after
Court stenographer. A person who tran- the issue of the cover note, a policy shall be
scribes by shorthand or stenographically issued in lieu thereof, incl. within its terms
takes down testimony during court proceed- the identical insurance bound under the
ings, a deposition, or other trial-related pro- cover note and the premium therefor. [Sec.
ceeding. May also be called Court reporter. 52, IC]. 2. A contract and not a mere appli-
cation for insurance and is deemed integrat-
Court’s Ruling. This part contains a full dis- ed to the regular policies subsequently is-
cussion of the specific errors or issues sued. [Pacific Timber v. CA, GR L-38613.
raised in the complaint, petition or appeal,
Feb. 25, 1982].
as the case may be; as well as of other is-
sues the court deems essential to a just dis- Covered institution. Pursuant to the Anti-
position of the case. Where there are sever- Money Laundering Act of 2001 (RA 9160),

224
the term refers to: (a) banks, non-banks, lated by the SEC; (4) jewelry dealers in pre-
quasi-banks, trust entities, and all other in- cious metals, who, as a business, trade in
stitutions and their subsidiaries and affiliates precious metals, for transactions in excess
supervised or regulated by the Bangko Sen- of P1,000,000.00; (5) jewelry dealers in pre-
tral ng Pilipinas (BSP); (b) insurance com- cious stones, who, as a business, trade in
panies and all other institutions supervised precious stones, for transactions in excess
or regulated by the Insurance Commission; of P1,000,000.00; (6) company service pro-
and (c) (i) securities dealers, brokers, sales- viders which, as a business, provide any of
men, investment houses and other similar the following services to 3rd parties: (i) act-
entities managing securities or rendering ing as a formation agent of juridical persons;
services as investment agent, advisor, or (ii) acting as (or arranging for another per-
consultant, (ii) mutual funds, close and in- son to act as) a director or corporate secre-
vestment companies, common trust funds, tary of a company, a partner of a partner-
pre-need companies and other similar enti- ship, or a similar position in relation to other
ties, (iii) foreign exchange corps., money juridical persons; (iii) providing a registered
changers, money payment, remittance, and office, business address or accommodation,
transfer companies and other similar enti- correspondence or administrative address
ties, and (iv) other entities administering or for a company, a partnership or any other
otherwise dealing in currency, commodities legal person or arrangement; and (iv) acting
or financial derivatives based thereon, valu- as (or arranging for another person to act
able objects, cash substitutes and other sim- as) a nominee shareholder for another per-
ilar monetary instruments or property super- son; and (7) persons who provide any of the
vised or regulated by SEC. [Sec. 3, RA following services: (i) managing of client
9160]. money, securities or other assets; (ii) man-
agement of bank, savings or securities ac-
Covered persons, natural or juridical. Pur-
counts; (iii) org. of contributions for the crea-
suant to the Anti-Money Laundering Act of
tion, operation or management of compa-
2001 [RA 9160], as amended by RA 10365,
nies; and (iv) creation, operation or man-
the term refers to: (1) banks, non-banks,
agement of juridical persons or arrange-
quasi-banks, trust entities, foreign exchange
ments, and buying and selling business enti-
dealers, pawnshops, money changers, re-
ties. Notwithstanding the foregoing, the term
mittance and transfer companies and other
shall exclude lawyers and accountants act-
similar entities and all other persons and
ing as independent legal professionals in re-
their subsidiaries and affiliates supervised or
lation to information concerning their clients
regulated by the Bangko Sentral ng Pilipinas
or where disclosure of information would
(BSP); (2) insurance companies, pre-need
compromise client confidences or the attor-
companies and all other persons supervised
ney-client relationship: Provided, That these
or regulated by the Insurance Commission
lawyers and accountants are authorized to
(IC); (3) (i) securities dealers, brokers,
practice in the Phils. and shall continue to
salesmen, investment houses and other
be subject to the provisions of their respec-
similar persons managing securities or ren-
tive codes of conduct and/or professional
dering services as investment agent, advi-
responsibility or any of its amendments.
sor, or consultant, (ii) mutual funds, close-
[Sec. 1, RA 10365].
end investment companies, common trust
funds, and other similar persons, and (iii) Covered transaction. Pursuant to the Anti-
other entities administering or otherwise Money Laundering Act of 2001 (RA 9160),
dealing in currency, commodities or financial the term refers to a single, series, or combi-
derivatives based thereon, valuable objects, nation of transactions involving a total
cash substitutes and other similar monetary amount in excess of P4,000,000.00 or an
instruments or property supervised or regu- equivalent amount in foreign currency based

225
on the prevailing exchange rate within 5 ple v. Amoncio, GR L-49069, 22 June 1983];
consecutive banking days except those bet. and (c) a witness who testifies in a categori-
a covered institution and a person who, at cal, straightforward, spontaneous and frank
the time of the transaction was a properly manner and remains consistent on cross-
identified client and the amount is commen- examination is a credible witness [People v.
surate with the business or financial capaci- Barros, GR L-34249, 3 May 1983].
ty of the client; or those with an underlying
Credible. Able to be believed; convincing.
legal or trade obligation, purpose, origin or
economic justification. It like-wise refers to a Credible evidence. Evidence which is not only
single, series or combination or pattern of admissible evidence but also believable and
unusu. large and complex transactions in used by the court in deciding a case.
excess of P4,000,000.00 esp. cash deposits
and in-vestments having no credible pur- Credible persons. The term, as used in the
pose or origin, underlying trade obligation or Rev. Naturalization Law, means not only an
individual who has not been previously con-
contract. [Sec. 3, RA 9160].
victed of a crime; who is not a police charac-
CPC. See Certificate of Public Conven- ter and has no police record; who has not
ience. perjured in the past; or whose affidavit or
testimony is not incredible. What must be
CPCN. See Certificate of Public Conven-
credible is not the declaration made, but the
ience and Necessity.
person making it. This implies that such per-
CPE. See Continuing Professional Educa- son must have a good standing in the com-
tion. munity; that he is known to be honest and
upright; that he is reputed to be trustworthy
CPR. See Calibrated preemptive response.
and reliable; and that his word may be taken
Craft. Chicanery resorted to by the accused to on its face value. [In Re: Gaw Ching v. Rep.,
aid in the execution of his criminal design. It GR L-19419. Sep. 30, 1964].
is employed as a scheme in the execution of
Credible witness. 1. A witness who testifies in
the crime. [People v. Zea, GR L-23109.
a categorical, straight-forward, spontaneous
June 29, 1984].
and frank manner and remains consistent.
Credence. 1. Acceptance of something as [People v. Rosare, GR 118823. Nov. 19,
true. 2. The likelihood of being true; plausi- 1996]. 2. One who, being competent to give
bility. evidence, is worthy of belief. [Torres, Oblig.
& Cont., 2000 Ed., p. 350].
Credibility. The quality of being trusted, con-
vincing or believable. Credit. 1. Any loan, mortgage, financial lease,
deed of trust, advance or discount, any con-
Credibility of a witness. Guiding rules: (a) the ditional sales contract, contract to sell, or
appellate court will not disturb the factual sale or contract of sale of property or ser-
findings of the lower Court, unless there is a vice, either for present or future delivery,
showing that it had overlooked, misunder- under which, part of all or the price is paya-
stood or misapplied some fact or circum-
ble subsequent to the making of such sale
stance of weight and substance that would or contract; any contract, any option, de-
have affected the result of the case [People mand, lien or pledge, or to the other claims
v. Ablaza, GR L-27352, 31 Oct. 1969]; (b) against, or for the delivery of, property or
the findings of the trial court pertaining to the money, any purchase, or other acquisition of
credibility of a witness is entitled to great re-
or any credit upon the security of, any obli-
spect since it had the opportunity to exam- gation or claim arising out of the foregoing,
ine his demeanor as he testified on the wit- and any transaction or series of transactions
ness stand, and, therefore, can discern if
having similar purpose or effect. [Sec. 3, RA
such witness is telling the truth or not [Peo-

226
8556; Sec. 3, RA 5980]. 2. Any loan, mort- promise to pay bet. the credit card issuer
gage, deed of trust, advance, or discount; and the merchant or business establish-
any conditional sales contract; any contract ment. [Pantaleon v. Amer. Express Intl.,
to sell, or sale or contract of sale of property Inc., GR 174269, Aug. 25, 2010].
or services, either for present or future de-
Credit cooperative. One which promotes thrift
livery, under which part or all of the price is
among its members and creates funds in
payable subsequent to the making of such
order to grant loans for productive and prov-
sale or contract; any rental-purchase con-
ident purposes. [Art. 23, RA 6938].
tract; any contract or arrangement for the
hire, bailment, or leasing of property; any Credit enhancement. Any legally enforceable
option, demand, lien, pledge, or other claim scheme intended to improve the marketabil-
against, or for the delivery of, property or ity of the asset-backed securities (ABS) and
money; any purchase, or other acquisition increase the probability that the holders of
of, or any credit upon the security of, any the ABS receive payment of amounts due
obligation of claim arising out of any of the them under the ABS in accordance with the
foregoing; and any transaction or series of plan for securitization as approved by the
transactions having a similar purpose or ef- SEC. [Sec. 3, RA 9267].
fect. [Sec. 3, RA 3765]. 3. A sum credited on
the books of a company to a person who Credit facility. Any loan, credit line, guarantee
appears to be entitled to it. It presupposes a or any other form of financial accommoda-
creditor-debtor relationship, and may be tion from a submitting entity: Provided, That
said to imply ability, by reason of property or for purposes of RA 9510, deposits in banks
shall not be considered a credit facility ex-
estates to make a promised payment [Rep.
v. PNB, GR L-16106. Dec. 30, 1961]. 4. tended by the depositor in favor of the bank.
That which is due to a person, as distin- [Sec. 3, RA 9510].
guished from debit, that which is due by him. Credit Information Corporation, A corp.
Claim or cause of action for specific sum of created under RA 9510 whose primary pur-
money. An entry on the right-hand side of an pose shall be to receive and consolidate
account. Compare with Debit. basic credit data, to act as a central registry
Credit card. 1. Any card, plate, coupon book, or central repository of credit information,
and to provide access to reliable, standard-
or other credit device existing for the pur-
pose of obtaining money, goods, property, ized information on credit history and finan-
labor or services or any thing of value on cial condition of borrowers. [Sec. 3, RA
9510].
credit. [Sec. 3, RA 8484]. 2. Any card, plate,
coupon book or other credit device existing Credit Information System Act. RA 9510
for the purpose of obtaining money, proper- entitled ―An Act Establishing the Credit In-
ty, labor or services on credit. [Art. 4, RA formation System and for Other Purposes‖
7394]. 3. Any card, plate, coupon book, or enacted on Oct. 31, 2008.
other credit device existing for the purpose
of obtaining money, goods, property, labor Credit line. The maximum amount which a
or services or anything of value on credit. bank agrees to Lend in a Lump sum or by
[Sec. 3(f), RA 8484]. several payments to the customer, and
which may be overdrawn by promissory
Credit card transaction. [A transaction that] notes. [Gobonseng v. CA, GR 111797. July
involves 3 contracts, namely: (a) the sales 17, 1995].
contract bet. the credit card holder and the
merchant or the business establishment Credit rating. An opinion regarding the credit-
which accepted the credit card; (b) the loan worthiness of a borrower or of an issuer of
agreement bet. the credit card issuer and debt security, using an established and de-
the credit card holder; and lastly, (c) the fined ranking system. [Sec. 3, RA 9510].

227
Credit report. A summary of consolidated and or personal property, services or money ac-
evaluated information on creditworthiness, quired on credit and the person's obligation
credit standing, credit capacity, character is payable in installment. [Art. 4, RA 7394].
and general reputation of a borrower. [Sec. 2. All transactions involving the purchase or
3, RA 9510]. loan of goods, services, or money in the
present with a promise to pay or deliver in
Credit risks. Possible non-payment of credit
the future. [De Leon, Comments and Cases
granted to a foreign customer by the insured
on Credit Trans., 1999 Ed., p. 1].
in connection with an export transaction re-
sulting from or occasioned by circumstanc- Creditable. Deserving of commercial credit;
es, happenings or events which are outside creditworthy.
or beyond the control of the insured as fol-
Creditable service. That which is sufficiently
lows: (a) Insolvency or protracted default of
good to bring esteem, deserving of praise.
the foreign customer; (b) governmental ac-
[Ramos v. Diaz, GR L-24521. Dec. 11,
tion under circumstances not due to the fault
1967].
of the buyer which prevents the transfer of
payment to exporters; (c) new import or ex- Creditor. Civ. Law. 1. A person to whom a
port licensing restrictions in the country of debt is owed by another. 2. Any person en-
the foreign customer or of the insured; (d) gaged in the business of extending credit
moratoria, war, revolution, civil disturbances, and shall include any person who as a regu-
or similar circumstances which prevent the lar business practice makes loans or sells or
payment of accepted goods and or services; rents property or services on a time, credit
and (e) such other risks connected with ex- or installment basis, either as principal or as
port transactions on deferred payment, ex- agent who requires as an incident to the ex-
cept against risks of devaluation or changes tension of credit, the payment of a finance
in the exchange rate and against risks that charge. [Art. 4, RA 7394]. 3. Corp. Law. Any
are normally insured with commercial insur- holder of a claim. [Sec. 1, Rule 2, AM 00-8-
ers licensed to do business in the Phils. 10-SC, Dec. 2, 2008]. 4. A natural or juridi-
such as fire, marine, casualty, accident, fi- cal person which has a claim against the
delity, surety, and physical damage. [Sec. 3, debtor that arose on or before the com-
RA 6424]. mencement date. [Sec. 4, RA 10142]. 5.
Any person engaged in the business of ex-
Credit sale. A sale of products, services or an
tending credit [incl. any person who as a
interest in land to a person on credit where a
regular business practice make loans or
debt is payable in installments or a finance
sells or rents property or services on a time,
charge is imposed and includes any agree-
credit, or installment basis, either as princi-
ment in the form of a bailment of products or
pal or as agent] who requires as an incident
lease of products or real property if the bail-
to the extension of credit, the payment of a
ee or lessee pays or agrees to pay compen-
finance charge. [Sec. 3, RA 3765].
sation for use a sum substantially equivalent
to or in excess of the aggregate value of the Creditworthiness. Trustworthiness with mon-
products or real property involved and it is ey as based on a person's credit history; a
agreed that the bailee or lessee will be- general qualification for borrowing.
come, or for no other or a nominal consider-
ation has the option to become, the owner of Creditworthy. Considered suitable to receive
credit, esp. bec. of being reliable in paying
the products or real property upon full com-
pliance with the terms of the agreement. money back in the past.
[Art. 4, RA 7394]. Creek. A recess or arm extending from a river
and participating in the ebb and flow of the
Credit transaction. 1. A transaction bet. a
natural person and a creditor in which real sea; a property belonging to the public do-
main which is not susceptible to private ap-

228
propriation and acquisitive prescription, and Crimes against humanity. Murder, genocide,
as a public water, it cannot be registered enslavement, deportation, and other acts
under the Torrens System in the name of against a civilian population before or during
any individual. [Maneclang v. IAC, GR L- a war. See Other crimes against humani-
66575 May 24, 1988]. ty.
Crew. The aggregate of seamen who man a Crimes against international law. Serious
ship or vessel. violations of intl. law incl. crimes against
humanity, crimes against peace, and war
Crew member. A person assigned to perform
crimes.
duties on an aircraft in flight. [Sec. 3, RA
9497]. Crimes against peace. The planning, prepar-
ing, initiating, and/or waging a war of ag-
Crime. An act or omission which is prohibited
gression in violation of intl. law. Participating
by criminal law. An offense against the
in a conspiracy to commit crimes against
State, and hence is prosecuted in the name
humanity or war crimes.
of the People of the Phils. [People v. Arcilla,
GR 116237. May 15, 1996]. 2. The commis- Crimes involving destruction. Crimes com-
sion or omission by a person having capaci- mited by any person who shall cause de-
ty, of any act, which is either prohibited or struction by means of explosion, discharge
compelled by law and the commission or of electric current, inundation, sinking or
omission of which is punishable by a pro- stranding of a vessel, intentional damaging
ceeding brought in the name of the govt. of the engine of said vessel, taking up the
whose law has been violated. If the crime is rails from a railway track, maliciously chang-
punished by the Rev. Penal Code, it is ing railway signals for the safety of moving
called a felony; if by a special law, it is called trains, destroying telegraph wires and tele-
an offense; and if by an ordinance, it is graph posts, or those of any other system,
called an infraction of an ordinance. [Gre- and, in general, by using any other agency
gorio, Fund. of Crim. Law Rev., 1997 9th or means of destruction as effective as
Ed.]. those above enumerated. [Art. 324, RPC
repealed by PD 1613]. See Destruction.
Crime committed in contempt of, or with
insult to public authorities. An aggravat- Crimina juris gentium. Lat. Crimes against
ing circumstance under Art. 14 (2) of the the law of nations. Crimes for which intl.
Rev. Penal Code that requires the following customary law imposes criminal responsibil-
essential elements: (a) That the crime is ity on individuals and for which all states
committed in the presence of a public au- may punish an offender. These include
thority, not a mere agent of the authorities crimes against humanity and crimes against
[People v. Siojo, GR L-41746 Mar. 27, peace.
1935]; and (b) that the public authority is
Criminal. Of, involving, or having the nature
engaged in the exercise of his functions and
of crime.
is not the person against whom the crime is
committed [US v. Rodriquez, GR L-6343. Criminal action. An action one by which the
Mar. 11, 1911]. State prosecutes a person for an act or
omission punishable by law. [Sec. 3(b), Rule
Crime of a political character. One which "is
1, RoC].
incidental to and forms a part of political dis-
turbances." [US v. Luzon, GR 1332 July 31, Criminal contempt. Conduct that is directed
1903]. against the dignity and authority of the court
or a judge acting judicially; it is an act ob-
Crime syndicate. See Organized crime
structing the administration of justice which
group.
tends to bring the court into disrepute or dis-

229
respect. [People v. Godoy, GR 115908-09. [Tangan v. People GR L-73963. Nov. 5,
Mar. 29, 1995]. Compare with Civil con- 1987].
tempt.
Criminal negligence. The quasi offense under
Criminal jurisdiction. The authority to hear Art. 365 of the Rev. Penal Code (resulting
and try a particular offense and impose the from) the execution of an imprudent or neg-
punishment for it. [People v. Mariano, GR L- ligent act that, if intentionally done, would be
40527. June 30, 1976]. punishable as a felony. The law penalizes
the negligent or careless act, not the result
Criminal jurisdiction. Elements: (a) Territorial
thereof. [People v. Buan, GR L-25366. Mar.
jurisdiction; (b) jurisdiction over the subject
29, 1968]. See Reckless imprudence.
matter; and (c) jurisdiction over the person
of the accused. [Albano, Rem. Law Review- Criminal procedure. Part of remedial law
er, 1st Ed., p. 11-12]. which provides for the apprehension, prose-
cution, conviction or acquittal, as the case
Criminal justice system. The network of
may be, of a person who is accused of hav-
courts and tribunals which deal with criminal
ing committed a crime. [Suarez, Intro. to
law and its enforcement.
Law, 1995 3rd Ed., p. 233].
Criminal law. That body of the law that deals
Criminal proceeding. A proceeding instituted
with conduct considered so harmful to socie-
to determine a person‘s guilt or innocence or
ty as a whole that it is prohibited by statute,
to set a convicted person‘s punishment.
prosecuted and punished by the govt.
[Delgado v. Gonzales, GR 184337, Aug. 7,
Criminal liability. The obligation to serve the 2009].
personal or imprisonment penalties (and)
Criminal prosecutions. Proceedings before
the liability to pay the fines or pecuniary
the trial court from arraignment to rendition
penalties. [Petralba v. Sandiganbayan, GR
of the judgment. [People v. Jose, GR L-
81337. Aug. 16, 1991].
28232. Feb. 6, 1971].
Criminal liability. Requisites: (a) That an
Critical. Forming or having the nature of a
intentional felony has been committed, and
turning point; crucial or decisive.
(b) that the wrong done to the aggrieved
party be the direct, natural and logical con- Critical circumstances. Circumstances where
sequence of the felony committed by the of- there is prima facie evidence that increased
fender. [People v. Iligan, GR 75369. Nov. imports, where there absolute or relative to
26, 1990]. domestic production, are a substantial
cause of serious injury or threat thereof to
Criminal liability, modes of extinguishing.
the domestic industry and that delay in tak-
Art. 89 of the Rev. Penal Code enumerates
ing action under RA 8800 would cause
the causes that totally extinguish criminal li-
damage to the industry that would be diffi-
ability as follows: (a) the death of the con-
cult to repair. [Sec. 4, RA 8800].
vict, as to the personal penalties; and as to
pecuniary penalties, liability therefore is ex- Critical infrastructure. The computer sys-
tinguished only when the death of the of- tems, and/or networks, whether physical or
fender occurs before final judgment; (b) ser- virtual, and/or the computer programs, com-
vice of the sentence; (c) amnesty, which puter data and/or traffic data so vital to this
completely extinguishes the penalty and all country that the incapacity or destruction of
its effects; (d) absolute pardon; (e) prescrip- or interference with such system and assets
tion of the crime; (f) prescription of the pen- would have a debilitating impact on security,
alty; (g) the marriage of the offended wom- national or economic security, national pub-
an, as provided in Art. 344 of the Code. lic health and safety, or any combination of
those matters. [Sec. 3, RA 10175].

230
Critical watershed. A drainage area of a river services from the Phils. to a foreign country
system supporting existing and proposed are free of VAT, then the same rules, in
hydro-electric power and irrigation works general, hold for such exports from the natl.
needing immediate rehabilitation as it is be- territory to an Ecozone.
ing subjected to a fast denudation causing
Cross-border transfer. The prohibited trans-
accelerated erosion and destructive floods.
fer or crossing over of funds appropriated for
It is closed from logging until it is fully reha-
one office to another even in the guise of
bilitated. [Sec. 3, PD 705].
augmentation of a deficient item or items.
Critically endangered species. A species or Also called Cross-border augmentation.
subspecies that is facing extremely high risk
Cross-claim. 1. Any claim by one party
of extinction in the wild in the immediate fu-
against a co-party arising out of the transac-
ture. [Sec. 5, RA 9147].
tion or occurrence that is the subject matter
Crony. A close friend or companion. either of the orig. action or of a counter-
claim therein. Such cross-claim may include
Crony capitalism. A term describing an econ-
a claim that the party against whom it is as-
omy in which success in business depends
serted is or may be liable to the cross-
on close relationships bet. business people
claimant for all or part of a claim asserted in
and govt. officials.
the action against the cross-claimant. [Sec.
Cronyism. This involves unduly favoring a 7, Rule 6, RoC]. 2. A pleading which asserts
crony to the prejudice of public interest is a a claim arising out of the same subject ac-
form of violation of the oath of office which tion as the orig. complaint against a co-
constitute betrayal of the public trust. party, i.e., one co-defendant cross claims
against another co-defendant for contribu-
Crop. A cultivated plant that is grown as food. tion for any damages assessed against him.
Crop production. The growing of staple food Crossed check. A check crossed with 2 lines,
crops, fruits, nuts and other food crops and
bet. which are either the name of a bank or
commercial crops. the words ―and company,‖ in full or abbrevi-
Crop zonification. Geographical delineation ated. In the former case, the banker on
of suitable area for the production of specific whom it is drawn must not pay the money
crops based on the following criteria: soil for the check to any other than the banker
and climate conditions; infrastructure and named; in the latter case, he must not pay it
support services; and local and external to any other than a banker. [Gempesaw v.
demands within specific periods of time. CA, GR 92244. Feb. 9, 1993].
[Sec. 2, PD 2032].
Crossed check. Characteristics: [It] (a) may
Cropper. One who is employed to cultivate not be encashed but only deposited in the
land, receiving as his compensation a share bank; (b) may be negotiated only once - to
of the crops. [Abig v. Constantino, GR L- one who has an account with a bank; and
12460. May 31, 1961]. (c) warns the holder that it has been issued
for a definite purpose so that the holder
Cross-border. Country-to-country. thereof must inquire if he has received the
Cross-border augmentation. See Cross- check pursuant to that purpose; otherwise,
border transfer. he is not a holder in due course. [State In-
vestment House v. IAC, GR 72764, 13 July
Cross-border doctrine. The principle [of the 1989].
VAT system] under which no VAT shall form
part of the cost of goods destined for con- Cross-examination. Evid. 1. The cross-
sumption outside of the territorial border of examination of the witness by the adverse
the taxing authority. If export of goods and party, upon the termination of the direct ex-

231
amination, as to any matter stated in the di- nous crude oil refined in the Phils. for ex-
rect examination, or connected therewith, port. [Sec. 3, PD 87].
with sufficient fullness and freedom to test
Cruel. 1. Causing pain or suffering. 2. Having
his accuracy and truthfulness and freedom
or showing a sadistic disregard for the pain
from interest or bias, or the reverse, and to
or suffering of others.
elicit all important facts bearing upon the is-
sue. [Sec. 6, Rule 132, RoC]. 2. The ques- Cruel punishment. Punishment which is fla-
tioning of a witness produced by the other grantly and plainly oppressive, wholly dis-
side. Compare with Direct examination. proportionate to the nature of the offense as
to shock the moral sense of the community.
Crossing of a check. Effects: (a) The check
[People v. Estoista, GR L-5793. Aug. 27,
may not be encashed but only deposited in
1953].
the bank; (b) the check may be negotiated
only once - to one who has an account with Cruelty. 1. This occurs when the wrong done
a bank; and (c) the act of crossing the check in the commission of the crime is deliberate-
serves as warning to the holder that the ly augmented by causing another wrong
check has been issued for a definite pur- which is not necessary for its commission.
pose so that he must inquire if he has re- [People v. Llabres, GR 74294-96. Aug. 4,
ceived the check pursuant to that purpose, 1993]. 2. The intentional and malicious inflic-
otherwise, he is not a holder in due course. tion of physical or mental suffering upon liv-
[Bataan Cigar and Cigarette Factory, Inc. v. ing creatures, particularly human beings; or,
CA, GR 93048, Mar. 3, 1994]. as applied to the latter, the wanton, mali-
cious, and unnecessary infliction of pain up-
CRP. See Cash Release Program.
on the body, or the feelings and emotions;
Crude. See Crude oil. abusive treatment; inhumanity; outrage.
Crude oil. Also Crude. 1. Oil in its natural Cryogenic. Descriptive of any material which
state before the same has been refined or by its nature or as a result of its reaction
otherwise treated, but excl. water, bottoms, with other elements produces a rapid drop in
sediments and foreign substances. [Sec. 4, temperature of the immediate surroundings.
RA 8479]. 2. Oil in its natural state before [Sec. 3, PD 1185; Sec. 3, RA 9514].
the same has been refined or otherwise
CSC. See Civil Service Commission.
treated. It does not include oil produced
through destructive distillation of coal, bitu- CSOs. See Civil Society Orgs.
minous shales or other stratified deposits,
either in its natl. state or after the extraction CTA. Court of Tax Appeals.
of water, and sand or other foreign sub- Cuadrilla. Sp. 1. A band. 2. More than 3
stances there-from. [Sec. 3, PD 87]. 3. Any armed malefactors acting together in the
liquid hydrocarbon mixture occurring natu- commission of the offense. [People v.
rally in the earth whether or not treated to Atencio, GR L-22518. Jan. 17, 1968].
render it suitable for transportation. It also
includes crude oils from which certain distil- Cuadrilla. Sp. Indispensable components: (a)
late fractions have been removed (which at least 4 malefactors and (b) all of the 4
sometimes referred to as "topped crudes") malefactors are armed. [People v. Apduhan,
or to which certain distillate fractions have Jr., GR L-19491. Aug. 30, 1968].
been added (sometimes referred to as Cuando el marido translade su residencia.
"spiked" or "reconstituted" crudes). [Sec. 3, Sp. ―When the husband shall transfer his
RA 9483]. residence." A phrase referring to another
Crude oil exported. This includes not only positive act of relocating the family to anoth-
crude oil exported as such but also indige- er home or place of actual residence.

232
[Romualdez-Marcos, GR 119976. Sep. 18, Culpa contractual. Lat. The source of liability
1995]. of those who in the performance of their ob-
ligations are guilty of fraud, negligence, or
Cuasi-delitos. See Quasi-delict.
delay, and those who in any manner contra-
Cuius est solum, ejus est usque ad caelum vene the tenor thereof.
et ad inferos. Lat. Who owns the land,
Culpa extra-contractual. Lat. See Quasi-
owns down to the center of the earth and up
delict.
to the heavens. This principle of land own-
ership has been greatly tempered by case Culpa in eligiendo. Lat. Own negligence in
law which has limited ownership upwards to the selection of employees.
the extent necessary to maintain structures.
Culpa in vigilando. Lat. Own negligence in
Otherwise, airplanes would trespass inces-
the supervision over one‘s employees.
santly.
Culpa lata. Lat. Gross negligence. It is more
Cujus est dominum ejus est periculum. Lat.
than just simple negligence and includes
He who has the ownership suffers the risk.
any action or an omission in reckless disre-
Culibet ex virtute si non ad veleari debeet gard of the consequences to the safety or
vincese. Lat. One should prevail by reason property of another.
of his own strength, and not by reason of his
Culpa lata dolo aequiparatur. Lat. Gross
opponent‘s weakness.
negligence is equivalent to intentional
Culpa. Also Negligence or Culpa aquiliana. wrong. [Balatbat v. CA, GR 109410. Aug.
Lat. Fault. 1. An independent source of obli- 28, 1996].
gation bet. 2 persons not so formerly bound
Cultivate or Culture. Any act of knowingly
by any juridical tie. And the civil liability that
planting, growing, raising, or permitting the
may arise therefrom is not intended to be
planting, growing or raising of any plant
merged in the criminal. Thus, where an indi-
which is the source of a dangerous drug.
vidual is civilly liable for a negligent act or
[Sec 3, RA 9165].
omission, it is not required that the injured
party should seek out a 3rd person criminal- Cultivation. The concept is not limited to the
ly liable whose prosecution must be condi- plowing or harrowing of the soil as in rice
tion precedent to the enforcement of the civil and corn fields. Cultivation includes all activ-
right. [Batangas Laguna Tayabas Bus Co. v. ities designed to promote the growth and
CA, GR L-33138-39. June 27, 1975]. 2. Re- care of the plants or trees and husbanding
sponsibility for wrongdoing. the earth, by general industry, so that it may
bring forth more products or fruits. [Cuaño v.
Culpa aquiliana. Lat. An independent source
CA, GR 107159. Sep. 26, 1994].
of obligation bet. 2 persons not so formerly
bound by any juridical tie. And the civil liabil- Cultural properties. Old buildings, monu-
ity that may arise therefrom is not intended ments, shrines, documents, and objects
to be merged in the criminal. Thus, where which may be classified as antiques, relics,
an individual is civilly liable for a negligent or artifacts, landmarks, anthropological and
act or omission, it is not required that the in- historical sites, and specimens of natural
jured party should seek out a 3rd person history which are of cultural, historical, an-
criminally liable whose prosecution must be thropological or scientific value and signifi-
condition precedent to the enforcement of cance to the nation; such as physical, and
the civil right. [BLTB Bus Co. v. CA, GR L- anthropological, archaeological and ethno-
33138-39. June 27, 1975]. See also Quasi- graphical materials, meteorites and tektites;
delict. historical objects and manuscripts; house
and agricultural implements; decorative arti-
cles or personal adornment; works of art

233
such as paintings, sculptures, carvings, jew- shall be equal. [Diaz, Bus. Law Rev., 1991
elry, music, architecture, sketches drawings Ed., p. 258]. 2. Intl. Law. A system of voting
or illustrations in part or in whole; works of by which a voter, having a number of votes
industrial and commercial art such as furni- equal to the offices to be filled, may concen-
ture, pottery, ceramics, wrought iron, gold, trate the whole number upon one candidate,
bronze, silver, wood or other heraldic items, or may distribute them as he sees fit.
metals, coins, medals, badges, insignias,
Cumulative voting by distribution. A method
coat of arms, crests, flags, arms, and armor;
of voting where a stockholder may cumulate
vehicles or ships or boats in part or in whole.
his shares by multiplying the number of his
[Sec. 3, RA 4846].
shares by the number of directors to be
Culture. 1. N. The totality of socially transmit- elected and distribute the same among as
ted behavior patterns, arts, beliefs, institu- many candidates as he shall see fit.
tions, and all other products of human work
Cumulative voting for one candidate. A
and thought. 2. V. To cultivate. See Culti-
method of voting where a stockholder is al-
vate.
lowed to concentrate his votes and give one
Cumulative. Constituted by accumulation; candidate, as many votes as the number of
acquiring or increasing in force by succes- directors to be elected multiplied by the
sive additions. [Legasto v. CA, GR 76854- number of his shares shall equal.
60. Apr. 25, 1989].
Cunanan doctrine. The doctrine [enunciated
Cumulative constitution. Consti. Law. A in the case] of In re Cunanan [Resolution
constitution which is a product of gradual Mar. 18, 1954] where the plenary power of
political development. [Suarez, Pol. Law [the Sup. Court] over admission to and
Reviewer, 1st Ed., 2002, pp. 9]. Compare thereafter termination of membership in the
with Conventional constitution. legal profession was accorded impressive
recognition. [Obrero v. Tagala, AM L-984,
Cumulative evidence. Evidence which is of
Apr. 22, 1977].
the same kind and character as that already
given and tends to prove the same proposi- Cunnilingus. Legal Med. Sexual gratification
tion. Compare with Corroborative evi- attained by licking the female genitalia.
dence. [Olarte, Legal Med., 1st Ed. (2004), p. 115].
Compare with Fellatio.
Cumulative preferred shares. Corp. Law.
Those which entitle the holder to payment Curative. Able to cure something, typically
not only of current dividends but also of disease.
back dividends not previously paid, when
Curative or Remedial statutes. They are
and if dividends are declared, to the extent
remedial by curing defects and adding to the
stipulated, before holders of common shares
means of enforcing existing obligations. The
are paid. [Diaz, Bus. Law Rev., 1991 Ed., p.
rule in regard to curative statutes is that if
249]. Compare with Non-cumulative pre-
the thing omitted or failed to be done, and
ferred shares.
which constitutes the defect sought to be
Cumulative sentences. Sentences for 2 or removed or made harmless, is something
more crimes to run consecutively, rather the legislature might have dispensed with by
than concurrently. a previous statute, it may do so by a subse-
quent one. Curative statutes are intended to
Cumulative voting. 1. Corp. Law. Voting by
supply defects, abridge superfluities in exist-
which a stockholder is entitled to cast such
ing laws, and curb certain evils. They are in-
number as the number of shares outstand-
tended to enable a person to carry into ef-
ing entitled to vote in his name times the to-
fect that which they have designed and in-
tal number of directors to be elected which
tended, but has failed of expected legal

234
consequence by reason of some statutory chord of the roof trusses, to divide the un-
disability or irregularity in their own action. derside of the roof into separate compart-
They make valid that which, before the en- ments so that heat and smoke will be di-
actment of the statute, was invalid. [Frivaldo rected upwards to a roof vent. [Sec. 3, PD
v. Comelec, GR 120295. June 28, 1996]. 1185; Sec. 3, RA 9514].
Currency. All Phil. notes and coins issued or Curtilage. An area of land attached to a house
circulating in accordance with the provisions and forming one enclosure with it.
of RA 7653. [Sec. 49, RA 7653].
Curtilage of dwelling. A space necessary and
Current. Belonging to the present time; hap- convenient, habitually used for family pur-
pening or being used or done now. poses and for carrying on a domestic em-
ployment. The yard, garden or field which is
Current Operating Expenditures (COE). 1.
near to and used in connection with the
Appropriations for the purchase of goods
dwelling.
and services for current consumption or for
benefits expected to terminate within the fis- Custodia legis. Lat. In the custody of the law.
cal year. [Sec. 2, Chap. 1, Book VI, EO Also In custodia legis.
292]. 2. The purchases of goods and ser-
Custodial. Providing protective supervision;
vices in current consumption the benefit of
watching over or safeguarding.
which does not extend beyond the fiscal
year. [Sec. 2(d), PD 1177]. 3. Appropriations Custodial investigation. Also In custody
for the purchase of goods and services for investigation. 1. The critical pre-trial stage
current consumption within the fiscal year, when the investigation is no longer a gen-
incl. the acquisition of furniture and equip- eral inquiry into an unsolved crime, but has
ment of nominal value usu. used in the con- begun to focus on a particular person as a
duct of normal govt. operations. [Sec. 14, suspect. [People v. Rodriguez, GR 129211,
PD 477]. Also known as Current Operating Oct. 2, 2000]. 2. Any questioning initiated by
Expenses. law enforcement officers after a person has
been taken into custody or otherwise de-
Current Operating Expenses (COE). Amount
prived of his freedom of action in any signifi-
budgeted for the purchase of goods and
cant way. [Navallo v. Sandiganbayan, GR
services for the conduct of normal govt. op-
97214. July 18, 1994].
erations within a budget year. This includes
goods and services that will be used or con- Custody. 1. It has been held to mean nothing
sumed during the budget year. Also known less than actual imprisonment. It is also de-
as Current Operating Expenditures. fined as the detainer of a person by virtue of
a lawful authority, or the care and posses-
Current school fees. The tuition and other
sion of a thing or person. [People v. Donato,
school fees collected or charged by private
GR 79269. June 5, 1991]. 2. The actual or
schools, colleges and universities as ap-
constructive possession or control of sup-
proved, indicated and published in their re-
plies or property. [IRR on Supply & Prop.
spective prospectuses, bulletins of infor-
Mgt., per Sec. 383, LGC]. 3. Detaining of a
mation, or catalogues. [Sec. 1, Rule II, PD
person by lawful process or authority to as-
451].
sure his appearance to any hearing; the jail-
Currit tempus contra decides et sui juris ing or imprisonment of a person convicted of
contemptores. Lat. Time runs against the a crime.
slothful and those who neglect their rights.
Custom. A rule of conduct formed by repeti-
Curtain board. A vertical panel of non- tion of acts, uniformly observed [practiced]
combustible or fire resistive materials at- as a social rule, legally binding and obligato-
tached to and extending below the bottom

235
ry. [Yao Kee v. Sy-Gonzales, GR L-55960 of computer data and systems; (b) Comput-
Nov. 24, 1988]. er-related offenses; and (c) Content-related
offenses. [Sec. 4, RA 10175].
Customary international law or Internation-
al custom. The general and consistent Cybercrime Prevention Act of 2012. RA
practice of states recognized and followed 10175 entitled ―An Act Defining Cybercrime,
by them from a sense of legal obligation. Providing for the Prevention, Investigation,
[Bayan Muna v. Romulo, GR 159618. Feb. Suppression and the Imposition of Penalties
1, 2011]. Therefor and for Other Purposes‖ enacted
on Sep. 12, 2012.
Customary laws. A body of written and/or
unwritten rules, usages, customs and prac- Cybersecurity. The collection of tools, poli-
tices traditionally and continually recog- cies, risk management approaches, actions,
nized, accepted and observed by respective training, best practices, assurance and
Indigenous Cultural Communities or Indige- technologies that can be used to protect the
nous Peoples (ICCs or IPs). [Sec. 4, RA cyber environment and org. and user‘s as-
8371]. sets. [Sec. 3, RA 10175].
Customs. A duty imposed on imports or ex- Cybersex. The willful engagement, mainte-
ports. [Garcia v. Exec. Sec., GR 101273. Ju- nance, control, or operation, directly or indi-
ly 3, 1992]. rectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a
Customs duties. 1. The name given to taxes
computer system, for favor or consideration.
on the importation and exportation of com-
[Sec. 4, RA 10175].
modities, the tariff or tax assessed upon
merchandise imported from, or exported to, Cyber-squatting. The acquisition of a domain
a foreign country. [Garcia v. Exec. Sec., GR name over the internet in bad faith to profit,
101273. July 3, 1992]. 2. Taxes imposed on mislead, destroy reputation, and deprive
goods exported from or imported into a others from registering the same, if such a
country. [De Leon, Fundamentals of Taxa- domain name is: (i) Similar, identical, or
tion, 2000 Ed., p. 21]. confusingly similar to an existing trademark
registered with the appropriate government
Cutting cycle. The number of years bet. major
agency at the time of the domain name reg-
harvests in the same working unit and/or re-
istration: (ii) Identical or in any way similar
gion, within a rotation. [Sec. 3, PD 705].
with the name of a person other than the
CWW. See Compressed work week. registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual
Cyber. A computer or a computer network, the
property interests in it. [Sec. 4, RA 10175].
electronic medium in which online commu-
nication takes place. [Sec. 3, RA 10175]. Cycle of violence. The cycle characterizing
the battered woman syndrome which has 3
Cybercrime. Criminal activity done using phases: (a) the tension-building phase; (b)
computers and the Internet. This includes the acute battering incident; and (c) the
anything from downloading illegal music files
tranquil, loving (or, at least, nonviolent)
to stealing millions of dollars from online phase. [Walker, Lenore, The Battered
bank accounts. Cybercrime also includes Woman Syndrome (1984), pp. 95-96].
non-monetary offenses, such as creating
and distributing viruses on other computers
or posting confidential business information
on the Internet.
Cybercrime offenses. (a) Offenses against
the confidentiality, integrity and availability

236
Dairy farm. A farm with significant number of
-D- animals with dairy bloodline whether for milk
or dairy animal production.
Dacion. In Sp. law, the actual effective deliv-
ery of a thing in the performance of a con- Daisy Chain. A price manipulation scheme in
tractual obligation. securities trading which involves a series of
purchases and sales of the same issue at
Dacion en pago. Also Adjudication or Dation
successively higher or lower prices by the
in payment. Sp. Dation in payment. 1. A
same group of people for the purpose of at-
special mode of payment whereby the debt-
tracting unsuspecting investors into the
or offers another thing to the creditor who
market, leaving them defrauded of their
accepts it as equivalent of payment of an
money or securities.
outstanding obligation. The undertaking is
really one of sale, that is, the creditor is real- Damage. As contradistinguished from Dam-
ly buying the thing or property of the debtor, ages. 1. The loss or harm suffered by one
payment for which is to be charged against person or his property. [Ancheta, The Law
the debtor‘s debt. As such, the essential el- on Obligations and Contracts, Rev. Ed., p.
ements of a contract of sale, namely, con- 239]. 2. The loss, hurt, or harm which results
sent, object certain, and cause or considera- from the injury. [Custodio v. CA, GR
tion must be present. It is only when the 116100. Feb. 9, 1996]. Compare with Inju-
thing offered as an equivalent is accepted ry.
by the creditor that novation takes place,
Damage and obstruction to means of com-
thereby, totally extinguishing the debt.
munication. Crim. Law. The felony commit-
[Tecnogas Phils. Mfg. Corp. v. PNB, GR
ted by any person who shall damage any
161004, Apr. 14, 2008]. 2. The transmission
railway, telegraph or telephone lines,
of the ownership of a thing by the debtor to
whether or not the damage shall result in
the creditor at an accepted equivalent of the
any derailment of cars, collision or other ac-
performance of an obligation.
cident. [Art. 330, RPC].
DAIF. Drawn against insufficient funds.
Damages. 1. The sum of money which the law
Daily time record. The record of the time an awards or imposes as pecuniary compensa-
employee reported for the day. tion, recompense, or satisfaction for an inju-
ry done or a wrong sustained as a conse-
Daily wage. A labor contract whereby a work-
quence either of a breach of a contractual
er is paid daily for his labor alone.
obligation or a tortuous act. [Torres, Oblig. &
Dairy. The branch of agriculture concerned Cont., 2000 Ed., p. 315]. 2. A cash compen-
with the production and processing of milk sation ordered by a court to offset losses or
and its by-products. suffering caused by another's fault or negli-
gence. Damages are a typical request made
Dairy animals. Animals producing milk such of a court when persons sue for breach of
as carabao or buffalo, cattle and goat for contract or tort. 3. Money awarded by a
human consumption. These also include
court to a person injured by the unlawful ac-
dual purpose animals. tor negligence of another person. Compare
Dairy enterprise. An entity of any size operat- with Injury.
ed or managed for dairying purposes. It may Damages. Kinds: Damages may be: (a) actual
be a farm where dairy animals are kept for or compensatory; (b) moral; (c) nominal; (d)
milk production. It can be classified into:
temperate or moderate; (e) liquidated; or (f)
communal, corp., coop., individual and insti- exemplary or corrective. [Art. 2197, CC].
tutional.
Damnum absque injuria. Lat. 1. Damage
without injury. Damage or injury inflicted

237
without injustice. Loss or damage without object, and consideration; and (b) the deliv-
violation of a legal right. A wrong done to a ery of the thing sold and the payment there-
man for which the law provides no remedy. for. [People v. Zervoulakos, GR 103975.
[Escano v. CA, GR L-47207 Sep. 25, 1980]. Feb. 23, 1995].
2. Damage or loss which does not constitute
Dangerous drugs, Selling of. Any act of giv-
a violation of a legal right or amount to a le-
ing away any dangerous drug and/or con-
gal wrong is not actionable. [Globe MacKay
trolled precursor and essential chemical
v. CA, GR 81262. Aug. 25, 1989].
whether for money or any other considera-
Damper. A normally open device installed tion. [Sec 3, RA 9165].
inside an air duct system which automatical-
Dangerous drugs, Trading of. Transactions
ly closes to restrict the passage of smoke or
involving the illegal trafficking of dangerous
fire. [Sec. 3, PD 1185; Sec. 3, RA 9514].
drugs and/or controlled precursors and es-
Dance hall. Any place or establishment where sential chemicals using electronic devices
dance is permitted to the public in consider- such as, but not limited to, text messages,
ation of any admission, entrance, or any email, mobile or landlines, 2-way radios, in-
other fee paid on, before or after the danc- ternet, instant messengers and chat rooms
ing, and where professional hostesses or or acting as a broker in any of such transac-
dancers are employed. See Cabaret. tions whether for money or any other con-
sideration in violation of RA 9165. [Sec 3,
Dancing school. Any establishment where
RA 9165].
ballroom dancing is taught and permitted to
the public in consideration of an enrollment, Dangerous drugs, Use of. Any act of inject-
admission, membership, or any other fees. ing, intravenously or intramuscularly, of con-
[Sec. 1, PD 426]. suming, either by chewing, smoking, sniff-
ing, eating, swallowing, drinking or other-
Dangerous drugs. 1. Those listed in the
wise introducing into the physiological sys-
Schedules annexed to the 1961 Single Con-
tem of the body, and of the dangerous
vention on Narcotic Drugs, as amended by
drugs. [Sec 3, RA 9165].
the 1972 Protocol, and in the Schedules an-
nexed to the 1971 Single Convention on Dangerous goods. Articles or substances that
Psychotropic Substances as enumerated in are capable of posing significant risks to
RA 9165. [Sec 3, RA 9165]. 2. The term re- health or safety of property when transport-
fers to either Prohibited drug or Regulated ed by air. [Sec. 3, RA 9497].
drug. [Sec. 2, RA 6425].
Dangerous tendency doctrine. The doctrine
Dangerous drugs and other similar sub- that states that if the words uttered create a
stances. Drugs listed in the schedules an- dangerous tendency which the state has a
nexed to the 1961 Single Convention on right to prevent, then such words are pun-
Narcotics Drugs, as amended by the 1972 ishable. It is not necessary that some of the
Protocol, and in the schedules annexed to definite or immediate acts or force, violence,
the 1971 Single Convention of Psychotropic or unlawfulness be advocated, It is sufficient
Substances as enumerated in its attachment that such acts be advocated in general
which is an integral part of RA 9165, other- terms. Nor is it necessary that the language
wise known as the ―Comprehensive Dan- used be reasonably calculated to incite per-
gerous Drugs Act of 2002″ and those that sons to acts of force, violence, or unlawful-
the [Dangerous Drugs] Board may reclassi- ness. It is sufficient if the natural tendency
fy, add to or remove from the list of danger- and probable effect of the utterance be to
ous drugs. [Sec. 3, RA 10586]. bring about the substantive evil; which the
legislative body seeks to prevent.
Dangerous drugs, Illegal sale of. Elements:
[Cabansag v. Fernandez, GR L-8974, Oct.
(a) Identity of the buyer and the seller, the

238
18, 1957]. Compare with Clear and present be obtained when necessary to verify the
danger rule and Balancing test. accuracy and correctness of election data; it
includes the back-up storage device in
Daño emergente. Sp. The value of the loss
which authentic electronic copies of the data
suffered. [Art. 2000, CC]. See also Lucro
are also stored. [The 2010 Rules of the
cesante.
PET, Rule 2, AM 10-4-29-SC, May 4, 2010].
DAP. See Disbursement Accelerattion Pro-
Data subject. An individual whose personal
gram.
information is processed. [Sec. 3, RA
DAR. Department of Agrarian Reform. 10173].
DARAB. See Department of Agrarian Re- Database. 1. A representation of information,
form Adjudication Board. knowledge, facts, concepts, or instructions
which are being prepared, processed or
Data. Facts and statistics collected together for stored or have been prepared, processed or
reference or analysis. stored in a formalized manner and which are
Data Capture Machine (DCM). The device intended for use in a computer system.
which captures the biometrics of an individ- [Sec. 3, RA 10175]. 2. A structured set of
ual. [Sec. 2, RA 10367]. data held in a computer, esp. one that is ac-
cessible in various ways.
Data interference. The intentional or reckless
alteration, damaging, deletion or deteriora- Date. 1. The day of the month or year as spec-
tion of computer data, electronic document, ified by a number. 2. Nego. Inst. The date of
or electronic data message, without right, the instrument or of the acceptance or any
including the introduction or transmission of indorsement thereon which is deemed prima
viruses. [Sec. 4, RA 10175]. facie to be the true date of the making,
drawing, acceptance, or indorsement, as the
Data Privacy Act of 2012. RA 10173 entitled case may be. [Sec. 11, NIL].
―An Act Protecting Individual Personal In-
formation in Information and Communica- Date of liquidation. The date on which the
tions Systems in the Govt. and the Private court issues the Liquidation Order. [Sec. 4,
Sector, Creating for this Purpose a Natl. Pri- RA 10142].
vacy Commission, and for Other Purposes‖ Dating. The act of meeting and engaging in
enacted on Aug. 15, 2012. some mutually agreed upon social activity in
Data storage device. 1. A device used to public, together, as a couple.
electronically store counting and canvassing Dating relationship. A situation wherein the
results, such as a memory pack or diskette. parties live as husband and wife without the
[Sec. 2, RA 8436]. 2. The device that stores
benefit of marriage or are romantically in-
electronic documents from where data may volved over time and on a continuing basis
be obtained when necessary to verify the during the course of the relationship. A cas-
accuracy and correctness of election data. ual acquaintance or ordinary socialization
The data storage device used in a PCOS bet. 2 individuals in a business or social
shall be under the custody and direct re-
context is not a dating relationship. [Sec. 3,
sponsibility of the election officer after com- RA 9262].
pletion of the voting process. A data storage
device includes the back-up storage device Dation. The act of giving something. It differs
under Comelec custody that likewise stores from donation, which is a gift; dation, on the
authentic electronic copies of data. [Sec. 3, contrary, is giving something without any
Rule 1, AM 10-4-1-SC, May 4, 2010]. 3. The liberality; as, the giving of an office.
device where electronic documents are
Dation in payment. Also Adjudication or
stored and from which such documents may
Dacion en pago. The conveyance of own-

239
ership of a thing to the creditor as an ac- De facto. Lat. As a matter of fact. Something
cepted equivalent of performance of an obli- which, while not necessarily lawful or legally
gation in money. [Diaz, Bus. Law Rev., 1991 sanctified, exists in fact. A common law
Ed., p. 39]. spouse may be referred to a de facto wife or
de facto husband: although not legally mar-
Dation in payment. Requisites for validity: (a)
ried, they live and carry on their lives as if
There must be the performance of the
married. A de facto govt. is one which has
prestation in lieu of payment (animo solven-
seized power by force or in any other un-
di) which may consist in the delivery of a
constitutional method and governs in spite
corporeal thing or a real right or a credit
of the existence of a de jure govt. Compare
against the 3rd person; (b) there must be
with De jure.
some diff. bet. the prestation due and that
which is given in substitution (aliud pro alio); De facto corporation. A corp. claiming in
(c) there must be an agreement bet. the good faith to be a corp. under the Corp.
creditor and debtor that the obligation is im- Code. Its due incorp. and its right to exer-
mediately extinguished by reason of the per- cise corporate powers shall not be inquired
formance of a prestation different from that into collaterally in any private suit to which
due. [3 Castan, Vol. I, 8th Ed., p. 283]. such corp. may be a party. Such inquiry may
be made by the Sol. Gen. in a quo warranto
Day. Date; period from dawn to dark; time bet.
proceeding. [Sec. 20, Corp. Code]. Com-
sunrise and sunset; 24 hours.
pare with De jure corporation.
Day certain. The day which must necessarily
De facto dissolution. Corp. Law. One which
come, although it may not be known when.
takes place in substance and in fact when
[Art. 1193, CC].
the corp. by reason of insolvency, cessation
Day of Election. The actual date of elections of business or otherwise, suspends all oper-
in the Phils. [Sec. 2, RA 10590]. ation and it goes into liquidation still retain-
ing its primary franchise to be a corp.
Day in court. The affording of an opportunity
to be heard. [People v. Retania, GR L- De facto government. Pol. Law. 1. That govt.
34841 Jan. 22, 1980]. that gets possession and control of, or
usurps, by force or by the voice of the ma-
Day the action may be brought. The day a jority, the rightful legal govt. and maintains
claim starts as a legal possibility. [Anabe v.
itself against the will of the latter; or, that
Asian Const., GR. 183233, Dec. 23, 2009]. which is established and maintained by mili-
Days. Corp. Law. 1. Calendar days unless tary forces who invade and occupy a territo-
otherwise specifically stated in RA 10142. ry of the enemy in the course of war, and
[Sec. 4, RA 10142]. 2. Calendar days unless which is denominated a govt. of paramount
otherwise provided in the Rules of Proc. on force (more aptly denominated as Govern-
Corporate Rehab. [Sec. 1, Rule 2, AM 00-8- ment of paramount force). [Co Kim Cham
10-SC, Dec. 2, 2008]. v. Tan Keh, GR L-5 Sep. 17, 1945]. 2. (a)
An unrecognized govt.; esp. one that has
DBCC. Development Budget Coordination not been formally recognized. (b) An effec-
Committee. tive govt.; one that is in factual control of a
DCM. See Data Capture Machine. territory and people. (c) A govt. that main-
tains itself, at least temporarily, by the use of
De bonis non. Lat. Goods not administered. force against the will of a de jure govt. Com-
De bonis non administrates. Lat. Of goods pare with De jure government.
not administered. Assets remaining in an es- De facto officer. Admin. Law. 1. An officer
tate after the death or removal of the estate who derives his appointment from one hav-
administrator. ing colorable authority to appoint, if the of-

240
fice is an appointive office, and whose ap- same is not being considered as a taxable
pointment is valid on its face. One who is in compensation.
possession of an office, and is discharging
De minimis fringe benefit. Any property or
its duties under color of authority, by which
service the value of which is [after taking in-
is meant authority derived from an appoint-
to account the frequency with which smaller
ment, however irregular or informal, so that
fringes are provided by the employer to the
the incumbent be not a mere volunteer. [Di-
employer‘s employees] so small as to make
maandal v. COA, GR 122197. June 26,
accounting for it unreasonable or adminis-
1998]. 2. One who continues with the dis-
tratively impracticable.
charge of the functions of an office after the
expiration of his or her legal term – no suc- De minimis non curat lex. Lat. The law takes
cessor having, in the meantime, been ap- no account of trifles. A common law princi-
pointed or chosen –- even where no provi- ple whereby judges will not sit in judgment
sion is made by law for his holding over and of extremely minor transgressions of the
there is nothing to indicate the contrary. By law. [Matute v. Cheong Boo, GR L-11109.
fiction of law, the acts of such de facto of- Jan. 7, 1918].
ficer are considered valid and effective. [Se-
De novo. Lat. New. This term is used to refer
ñeres v. Comelec, GR 178678, Apr. 16,
2009]. to a trial which starts over, which wipes the
slate clean and begins all over again, as if
De facto separation. A separation of the any previous partial or complete hearing had
spouses without any agreement. not occurred.
De jure. Lat. Of the law. Total adherence of De novo hearing. See Hearing de novo.
the law. Compare with De facto.
Dead freight. Mar. Law. A charge imposed on
De jure corporation. A corp. exiting in fact a charterer when a chartered ship has less
and in law. [De Leon, Corp. Code of the than a full load.
Phil. Annotated, 1989 Ed., p. 39]. Compare
with De facto corporation. Dead man statute. Also Survivorship dis-
qualification rule. Evid. The rule that par-
De jure government. 1. A recognized govt. 2. ties or assignors of parties to a case, or per-
A govt. established acc. to the constitution sons in whose behalf a case is prosecuted,
of the state and lawfully entitled to recogni- against an executor or administrator or other
tion. 3. One which has been created in re- representative of a deceased person, or
spect of constitutional law and is in all ways against a person of unsound mind, upon a
legitimate even though a de facto govt. may claim or demand against the estate of such
be in control. Compare with De facto gov- deceased person or against such person of
ernment. unsound mind, cannot testify as to any mat-
ter of fact occurring before the death of such
De mesne or Demesne. Lat. It connotes pos-
deceased person or before such person be-
session of real property in one‘s own name.
came of unsound mind. [Sec. 23, Rule 130,
De minimis. Lat. Something that is too insig- RoC].
nificant or trifling for the courts to be both-
Dead Man’s Statute. A rule in evidence which
ered with.
disqualifies a witness from testifying with re-
De minimis benefits. Benefits of relatively gard to matters covered by privileged com-
small values provided by employers to the munication. [Sec. 24, Rule 130, RoC].
employee on top of the basic compensation
Dead slow ahead. A maritime maneuver
intended for the general welfare of the em-
equivalent to 3 to 4 miles per hour.
ployees. Being of relatively small values, the

241
Deadlock. Labor. 1. The counteraction of Deaf-mute. A deaf person who is unable to
things producing entire stoppage: a state of speak.
inaction or of neutralization caused by the
Deaf-mutism. Congenital deafness that re-
opposition of persons or of factions [as in
sults in inability to speak.
govt. or a voting body]; standstill. 2. A com-
plete blocking or stoppage resulting from the Deal. To do a distributing or retailing business
action of equal and opposed forces; as, the or to have intercourse on business relations.
dead-lock of a jury or legislature. 3. The [Asbestos Integrated Mfg., Inc. v. Peralta,
word is synonymous with the word impasse, GR L-45515. Oct. 29, 1987].
which, within the meaning of the Amer. fed-
eral labor laws, presupposes reasonable ef- Deal in. To have to do, be concerned, or oc-
fort at good faith bargaining which, despite cupied (with or in), to conduct oneself, to
noble intentions, does not conclude in behave or act in any affair or toward any-
agreement bet. the parties. [NLRB v. Ban- one, to take action.
croft, 635 F. 2d 492 (1981)]. Dealer. 1. Any person who buys sells securi-
Deadlock bar rule. Labor. The rule [which] ties for his own account in the ordinary
simply provides that a petition for certifica- course of business. [Sec. 3, SRC]. 2. Any
person, whether natural or juridical, who is
tion election can only be entertained if there
is no pending bargaining deadlock submit- engaged in the marketing and direct selling
ted to conciliation or arbitration or had be- of petroleum products to motorists, end us-
come the subject of a valid notice of strike or ers, and other consumers. [Sec. 4, RA
lockout. The principal purpose is to ensure 8479]. 3. One whose business is to buy and
sell merchandise, goods, and chattels as a
stability in the relationship of the workers
and the management. [NACUSIP v. Trajano, merchant. He stands immediately bet. the
GR 67485. Apr. 10, 1992]. producer or manufacturer and the consumer
and depends for his profit not upon the labor
Deadlock in a close corporation. That situa- he bestows upon his commodities but upon
tion when the votes required for any corpo- the skill and foresight with which he watches
rate action cannot be obtained owing to the the market. [Sec. 131, RA 7160]. 4. He is
fact that the directors or stockholders of a not one who buys to keep or makes to sell,
close corp. are so divided respecting the but one who buys to sell again. [Ah Nam v.
management of the corp.'s business and af- City of Manila, GR L-15502 Oct. 25, 1960].
fairs, with the consequence that the busi-
ness and affairs of the corp. can no longer Dealer in securities. 1. A merchant of stocks
or securities, whether an individual, partner-
be conducted to the advantage of the stock-
holders generally. [Sec. 104, Corp. Code]. ship or corp., with an established place of
business, regularly engaged in the purchase
Deadly weapon. Any weapon or instrument of securities and the resale thereof to cus-
made and designed for offensive or defen- tomers; that is, one who, as a merchant,
sive purposes, or for the destruction of life or buys securities and re-sells them to custom-
the infliction of injury; or one which, from the ers with a view to the gains and profits that
manner used, is calculated or likely to pro- may be derived therefrom. [Sec. 22, NIRC,
duce death or serious bodily harm. [People as amended]. 2. All persons who for their
v. Alfeche, GR 124213. Aug. 17, 1998]. own account are engaged in the sale of
stock, bonds, exchange, bullion, coined
Deadweight. 1. The unrelieved weight of an
money, bank notes, promissory notes, or
inert mass. 2. Dead load. 3. A ship's load
other securities. [Sec. 1, PD 426].
incl. the total weight of cargo, fuel, stores,
crew, and passenger. Dealer or Retailer. Any person, natural or
juridical, authorized by the manufacturer or
distributor to sell brand new motor vehicles

242
directly to the retail buyers and the public. The felony committed by any legally married
[Sec. 3, RA 10642]. person who having surprised his spouse in
the act of committing sexual intercourse with
Deaiing. 1. A business relation or transaction.
another person, shall kill any of them or both
2. A personal connection or association with
of them in the act or immediately thereafter,
someone.
or shall inflict upon them any serious physi-
Dealing, with regard to property or funds. cal injury. [Art. 247, RPC].
Receipt, acquisition, transacting, represent-
Death penalty. This is the most severe form of
ing, concealing, disposing or converting,
corporal punishment as it is requires law en-
transferring or moving, use as security of or
forcement officers to kill the offender. Also
providing financial services. [Sec. 3, RA
known as Capital punishment.
10168].
Death Penalty Law. RA 7659 entitled ―An Act
Death. 1. The irreversible cessation of circula-
to impose the death penalty on certain hei-
tory and respiratory functions or the irre-
nous crimes, amending for that purpose the
versible cessation of all functions of the en-
revised penal laws, and for other purposes‖
tire brain, incl. the brain stem. [Sec. 2, RA
enacted on Dec. 13, 1993.
7170]. 2. Loss of life resulting from injury or
sickness. [Art. 167, LC]. Debenture. An unsecured loan certificate
issued by a company, backed by general
Death by accidental means. Death caused
credit rather than by specified assets.
by some act of the deceased not designed
by him, and not intentionally done by him. Debenture bonds. Corp. Law. Bonds not
secured by any specific property but by the
Death caused in a tumultuous affray. Crim.
general credit of the issuing corp. [Diaz,
Law. The felony committed when, while
Bus. Law Rev., 1991 Ed., p. 269].
several persons, not composing groups or-
ganized for the common purpose of assault- Debenture shares. Corp. Law. Those which
ing and attacking each other reciprocally, are more of certificates of indebtedness not
quarrel and assault each other in a confused guaranteed by any property of the issuing
and tumultuous manner, and in the course corp. [Diaz, Bus. Law Rev., 1991 Ed., p.
of the affray someone is killed, and it cannot 250].
be ascertained who actually killed the de-
Debit. A sum charged as due or owing. An
ceased. [Art. 251, RPC].
entry made on the asset side of a ledger or
Death caused in a tumultuous affray. Crim. account. Compare with Credit.
Law. Elements: That: (a) there be several
Debitum pro debito. Lat. New debt for old
persons; (b) that they did not compose
debt. Basically, extinguishing the old obliga-
groups organized for the common purpose
tion for the new one. [Reyes v. CA, GR
of assaulting and attacking each other recip-
120817. Nov. 4, 1996].
rocally; (c) these several persons quarreled
and assaulted one another in a confused Debt. An obligation to pay money at some
and tumultuous manner; (d) someone was fixed future time, or at a time which be-
killed in the course of the affray; (e) it cannot comes definite and fixed by acts of either
be ascertained who actually killed the de- party and which they expressly or impliedly,
ceased; and (f) that the person or persons agree to perform in the contract. [Lirag Tex-
who inflicted serious physical injuries or who tile v. SSS, GR L-33205. Aug. 31, 1987].
used violence can be identified. [Sison v.
Debt amortization. The sum of principal re-
People, GR 108280-83. Nov. 16, 1995].
payments for loans payable by regular in-
Death or physical injuries inflicted under stallments, and the annual contribution to
exceptional circumstances. Crim. Law.

243
the debt sinking fund for debts payable only Rules of Procedure on Corporate Rehabilita-
upon maturity. tion. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec.
2, 2008]. 3. [It] shall refer to, unless specifi-
Debt bondage. 1. The rendering of service by
cally excluded by a provision of RA 10142, a
the domestic worker as security or payment
sole proprietorship duly registered with the
for a debt where the length and nature of
DTI, a partnership duly registered with the
service is not clearly defined or when the
SEC, a corp. duly organized and existing
value of the service is not reasonably ap-
under Phil. laws, or an individual debtor who
plied in the payment of the debt. [Sec. 4, RA
has become insolvent as defined in RA
10361]. 2. The pledging by the debtor of
10142. [Sec. 4, RA 10142].
his/her personal services or labor or those of
a person under his/her control as security or Debtor’s default. A delay in the fulfillment of
payment for a debt, when the length and na- an obligation, by reason of a cause imputa-
ture of services is not clearly defined or ble to the debtor. [Selegna Mgmt. and Devt.
when the value of the services as reasona- Corp. v. United Coconut Planters Bank, GR
bly assessed is not applied toward the liqui- 165662, May 3, 2006].
dation of the debt. [Sec. 3, RA 10364; Sec.
Deceased. 1. A person who has died. 2. De-
3, RA 9208].
cedent. 3. A victim of murder or homicide.
Debt buy-back operation. A debt reduction
Decedent. Succ. 1. The general term applied
scheme which involves the repurchase of
to the person whose property is transmitted
outstanding debts by the govt. from the sec-
through succession, whether or not he left a
ondary market at a discount using its re-
will. If he left a will, he is also called the tes-
serves or resources from official sources.
tator. [Art. 775, CC]. 2. The deceased per-
Debt instruments. 1. Documents that serve son whose estate is under consideration.
as legally enforceable evidence of a debt [Torres, Oblig. & Cont., 2000 Ed., p. 349].
and the promise of its timely repayment. 2.
Deceit. 1. [It] exists where the party, with intent
Bonds, debentures, notes, evidence of in-
to deceive, conceals or omits to state mate-
debtedness, asset-backed securities.
rial facts and, by reason of such omission or
Debt service. The sum of loan repayments, concealment, the other party was induced to
interest payments commitment fees and give consent that would not otherwise have
other charges on foreign and domestic bor- been given. [Cathay Pacific Airways, Ltd. v.
rowings. Vasquez, GR 150843, Mar. 14, 2003]. 2.
The false representation of a matter of fact
Debt-for-Assets Swap. The redemption by
whether by words or conduct, by false or
NG of its debt paper in exchange for an as-
misleading allegations, or by concealment of
set being disposed of by the APT with the
that which should have been disclosed
BTr.
which deceives or is intended to deceive
Debtor. Civ. Law. 1. A person who owes mon- another so that he shall act upon it to his le-
ey, goods or services to another, the latter gal injury. [People v. Castillo, GR L-39. Feb.
being referred to as the creditor. 2. One who 1, 1946].
owes a debt to another.
Deceits, Other. Crim. Law. The felony com-
Debtor. Corp. Law. 1. A borrower or person mitted by any person who shall defraud or
granted a loan by the lending company. damage another by any other deceit not
[Sec. 3, RA 9474]. 2. Any corp., partnership mentioned in Art. 317 of the Rev. Penal
or assoc. or a group of companies, whether Code; or by any person who, for profit or
supervised or regulated by the SEC or other gain, shall interpret dreams, make forecasts,
govt. agencies, on whose behalf a petition tell fortunes, or take advantage of the credu-
for rehabilitation has been filed under the

244
lity of the public in any other similar manner. political, and economic life of the nation. The
[Art. 318, RPC]. decision shall state clearly and distinctly the
facts and the law on which it is based. It
Decentralization. Pol. Law. Devolution of natl.
shall bear the signatures of the members
administration - but not power - to the local
who took part in the deliberation. [The Inter-
levels. [Ganzon v. CA, GR 93252. Aug. 5,
nal Rules of the Sup. Court, AM 10-4-20-
1991]. Compare with Devolution.
SC, May 4, 2010].
Decentralization of administration. Pol. Law.
Declaration. Intl. Law. (a) The title of a body of
The delegation by the central govt. of ad-
stipulations of a treaty, acc. to which the
ministrative powers to political subdivisions
parties undertake to pursue in the future a
in order to broaden the base of govt. power
certain line of conduct; (b) A unilateral
and in the process to make local govts.
statement which may create rights and du-
more responsive and accountable and en-
ties for other States; and (c) a description of
sure their fullest development as self-reliant
an action taken when a State communicates
communities and make them more effective
with other States, or an explanation and jus-
partners in the pursuit of natl. development
tification of a line of conduct pursued by
and social progress. [Limbona v. Mangelin,
them in the past, or an explanation of views
GR 80391. Feb. 28, 1989].
and intentions concerning certain matters.
Decentralization of power. Pol. Law. An ab- [Coquia and Santiago, Intl. Law, 3rd Ed.
dication of political power in favor of LGUs (1998), p. 492].
declared to be autonomous. In that case,
Declaration against interest. Evid. 1. The
the autonomous govt. is free to chart its own
declaration made by a person deceased, or
destiny and shape its future with minimum
outside of the Phils., or unable to testify,
intervention from central authorities. Acc. to
against the interest of the declarant, if the
a constitutional author, decentralization of
fact asserted in the declaration was at the
power amounts to self-immolation, since in
time it was made so far contrary to the de-
that event, the autonomous govt. be-comes
clarant's own interest, pecuniary or moral,
accountable not to the central authorities but
that a reasonable man in his position would
to its constituency. [Limbona v. Mangelin,
not have made the declaration unless he be-
GR 80391. Feb. 28, 1989].
lieved it to be true, which may be received in
Decibel. A measure of the intensity or level of evidence against himself or his successors-
sound. in-interest and against 3rd persons. [Sec.
38, Rule 130, RoC]. 2. A declaration against
Decision. 1. The whole or any part of the final
the interest of the person making it which is
disposition, not of an interlocutory character, admissible in evidence, notwithstanding its
whether affirmative, negative, or injunctive in hearsay character, if the declaration is rele-
form, of an agency in any matter, incl. li- vant and the declarant has died, become in-
censing, rate fixing and granting of rights sane, or for some other reason is not avail-
and privileges. [Sec. 2, Chap. 1, Book VII,
able as a witness. The true test in reference
EO 292]. 2. The opinion of the court in con- to the reliability of the declaration is not
cluding a case at law. 3. The determination whether it was made ante litem motam, as is
of the court which disposes of the case after the case with reference to some classes of
hearing the parties. [Torres, Oblig. & Cont., hearsay evidence, but whether the declara-
2000 Ed., p. 349].
tion was uttered under circumstances justify-
Decision (of the Sup. Court). The manner of ing the conclusion that there was no proba-
adjudication by which the Sup. Court dis- ble motive to falsify. [Fitzsimmons v. Atlan-
poses of the case on its merits and its rul- tic, Gulf & Pacific Co., GR L-2016. Aug. 23,
ings have significant doctrinal values; re- 1949]. Compare with Self-serving declara-
solve novel issues; or impact on the social, tions.

245
Declaration against interest. Evid. Requisites Declaratory. 1. Stating the existing law on a
for admissibility: (a) the declarant must not particular subject; explanatory. 2. Stating the
be available to testify; (b) the declaration rights of the parties without specifying the
must concern a fact cognizable by the de- action to be taken.
clarant; and (c) the circumstances must ren-
Declaratory act. An act declaratory of what
der it improbable that a motive to falsify ex-
the law was before its passage, so as to
isted. [GR 111692. Feb. 9, 1996].
give it any binding weight with the courts. A
Declaration of presumptive death. A sum- legislative definition of a word as used in a
mary proceeding which the spouse present statute is not conclusive of its meaning as
must institute in court for the declaration of used elsewhere; otherwise, the legislature
presumptive death of the absentee, without would be usurping a judicial function in de-
prejudice to the effect of reappearance of fining a term. [Endencia v. David, GR L-
the absent spouse, for the purpose of con- 6355-56. Aug. 31, 1953].
tracting a subsequent marriage under the
Declaratory doctrine. Intl. Law. Doctrine that
1st par. of Art. 41 of the Fam. Code.
holds that the legal existence of a state or
Declaration of presumptive death. Requi- govt. happens automatically by operation of
sites: (a) That the absent spouse has been law.
missing for 4 consecutive years, or 2 con-
Declaratory judgment. Rem. Law. A statutory
secutive years if the disappearance oc-
remedy for judicial determination of a con-
curred where there is danger of death under
troversy where plaintiff is in doubt about his
the circumstances laid down in Art. 391, Civ.
legal rights.
Code; (b) That the pre-sent spouse wishes
to remarry; (c) That the present spouse has Declaratory relief. Rem. Law. 1. An action
a well-founded belief that the absentee is [petition] which any person interested under
dead; and (d) That the present spouse files a deed, will, contract or other written instru-
a summary proceeding for the declaration of ment, whose rights are affected by a statute,
presumptive death of the absentee. [Rep. v. executive order or regulation, ordinance, or
Nolasco, GR 94053. Mar. 17, 1993]. any other governmental regulation may, be-
fore breach or violation thereof, bring [file] in
Declaration of trust. An act by which a per-
the appropriate RTC to determine any ques-
son acknowledges that the property, title to
tion of construction or validity arising, and
which he holds, is held by him for the use of
for a declaration of his rights or duties,
another [De Leon v. Molo-Peckson, GR L-
thereunder. [Sec. 1, Rule 63, RoC]. 2. An
17809. Dec. 29, 1962].
action which any person interested under a
Declaration of war. Intl. Law. A communica- deed, will, contract, or other written instru-
tion by one State to another informing the ment, or whose rights are affected by a stat-
latter that the condition of peace bet. them ute, executive order or regulation, or ordi-
has come to an end and condition of war nance, may, before breach or violation
has taken place. thereof, bring to determine any question of
construction or validity arising under the in-
Declarations against interest. Evid. Those
strument or statute and for a declaration of
made by a person who is neither a party nor
their rights or duties thereunder. [Mirando v.
in privity with a party to the suit, are second-
Wellington Ty & Bros., GR L-44062. Feb.
ary evidence, and constitute an exception to
16, 1978]. 3. Preventive and anticipatory
the hearsay rule. They are admissible only
remedy whereby a person asks the court to
when the declarant is unavailable as a wit-
declare his rights or duties under a contract
ness. [Unchuan v. Lozada, GR 172671, Apr.
or law. There is no breach of contract or vio-
16, 2009]. Compare with Admissions
lation of law but there is a genuine contro-
against interest.
versy thereunder. What makes this special

246
civil action distinct is that the court only Decompensated state. The condition result-
makes a declaration about the rights or du- ing from the failure of the heart to circulate
ties of the parties, but no executory process the blood adequately. The failure may be
follows. due to heart disease, obstruction in the
blood vessels, etc. The condition is marked
Declaratory relief. Rem. Law. Requisites: (a)
by edema [swelling], shortness of breath
the subject matter of the controversy must
[dyspnea], discoloration of the skin, etc.
be a deed, will, contract or other written in-
[Marte v. ECC, GR L-46362. Mar. 31, 1980].
strument, statute, executive order or regula-
tion, or ordinance; (b) the terms of said doc- Decompensation. The inability of the heart to
uments and the validity thereof are doubtful maintain adequate circulation, marked by
and require judicial construction; (c) there dyspnea, venous engorgement, and edema.
must have been no breach of the docu-
Decree. 1. A formal declaration of a court or
ments in question; (d) there must be an ac-
other competent authority and is usu. in writ-
tual justiciable controversy or the "ripening
ten form. [Torres, Oblig. & Cont., 2000 Ed.,
seeds" of one between persons whose in-
p. 349]. 2. An order of the court. A final de-
terests are adverse; (e) the issue must be
cree is one that fully and finally disposes of
ripe for judicial determination; and (f) ade-
the litigation.
quate relief is not available through other
means or other forms of action or proceed- Decree of Registration. 1. A decree issued
ing. [Almeda v. Bathala Marketing Indus- and entered by the [Land Registration Au-
tries, Inc., GR 150806, Jan. 28, 2008]. thority], pursuant to an order of the court af-
ter the decision rendered by it in a registra-
Declaratory theory of recognition. Intl. Law.
tion case has become final. 2. [A decree
A theory acc. to which recognition of a state
which] merely confirms, but [which] does not
is merely an acknowledgment of the fact of
confer, ownership [of land]. [Lopez v. Es-
its existence. In other words, the recognized
quivel, Jr., GR 168734, Apr. 24, 2009; and
state already exists and can exist even
Rep. v. CA, GR 108998, Aug. 24, 1994]. It is
without such recognition. For example,
properly called a Judicial decree.
when other countries recognized Bangla-
desh, Bangladesh already existed as a state Decretal. Of the nature of a decree.
even without such recognition.
Decretal portion. [That portion] of a judgment
Declare. 1. To make known formally, officially, which adjudicates the rights of the parties.
or explicitly. 2. To state emphatically : affirm.
Deduce. To arrive at a fact or a conclusion by
Declared absence. The judicial declaration of reasoning; to draw as a logical conclusion.
absence of a person after the lapse of 2
years without any news about the absentee Deductible. Able to be deducted, esp. from
or since the receipt of the last news, and 5 taxable income or tax to be paid.
years in case the absentee has left a person Deductible clause. A clause in an insurance
in charge of the administration of his proper- policy providing that the insured will absorb
ty. [Art. 384, CC]. Compare with Provision- the 1st part of the loss [e.g., 1st P500] with
al absence. the insurer paying the excess.
Declared value. A shipper's stated value for
the contents of a shipment.
Decline. To take a downward direction. [Tatad
v. Sec. of Energy, GR 124360. Nov. 5,
1997].

247
Deductible expenses. Expenditures for busi- Deed of conveyance. A legal document
ness items that have no future life [such as signed and sealed and delivered to effect a
rent, utilities or wages] and are incurred in transfer of property and to show the legal
conducting normal business activities which right to possess it.
a business owner may deduct from gross
Deed of donation. A written instrument by
earned income for tax purposes.
virtue which the owner of a thing voluntarily
Deduction. 1. An amount that is or may be transfers the title and possession of the
deducted from something, esp. from taxable same from himself to another person gratui-
income or tax to be paid. 2. The drawing of tously or without any consideration.
a conclusion by reasoning; the act of deduc-
Deed of Release, Waiver and/or Quitclaim.
ing.
Requirements for validity: (a) that there was
Deduction of earnings elsewhere rule. La- no fraud or deceit on the part of any of the
bor. This rule under which the award of parties; (b) that the consideration for the
backwages to an employee could be re- quitclaim is credible and reasonable; and (c)
duced by subtracting the wages actually that the contract is not contrary to law, pub-
earned by him from employment during the lic order, public policy, morals or good cus-
period of his separation, or the wages which toms, or prejudicial to a 3rd person with a
he could have earned had he been diligent right recognized by law. [Danzas Interconti-
enough to find a job. The employer would be nental, Inc. v. Daguman, GR 154368, Apr.
allowed to adduce evidence on these mat- 15, 2005].
ters. This rule was abandoned in Mercury
Deed of sale. An instrument in writing which
drug case [Mercury Drug Co. v. CIR, GR L-
transfers the ownership of the property or
23357, 30 Apr. 1974] primarily bec. the de-
properties in exchange for a price paid or
duction of evidence was found to only delay
consideration.
execution process.
Deed of warranty. Also Warranty deed. A
Deed. A written document executed in accord-
deed which guarantees that the title con-
ance with law, wherein a person grants or
veyed is good and its transfer rightful.
conveys to another a certain land. [Peña,
Registration of Land Titles and Deeds, Rev. Deem. To accept a document or an event as
Ed., 1988]. Examples of a deed: Deed of conclusive of a certain status in the absence
sale, deed of donation, deed of mortgage, of evidence or facts which would normally
lease contracts, etc. 2. A document which be required to prove that status. For exam-
transfers ownership of real property. [Torres, ple, in matters of child support, a decision of
Oblig. & Cont., 2000 Ed., p. 349]. 3. A writ- a foreign court could be deemed to be a de-
ten and signed document which sets out the cision of the court of another for the purpose
things that have to be done or recognitions of enforcement.
of the parties towards a certain object.
Deemed. Considered or regarded as.
Deed of absolute sale. A written agreement
Deemed paid tax credit. A tax credit granted
bet. a seller and a purchaser effecting out-
right purchase of a property without condi- to a foreign mother corp. for the amount of
tions. dividend tax actually paid (i.e., withheld)
from the dividend remittances by the local
Deed of conditional sale. An arrangement corp. to its mother corp.
where a buyer takes possession of an item,
Deep sea. The deeper parts of the ocean, esp.
but its title and right of repossession re-
mains with the seller until the buyer pays the those beyond the edge of the continental
full purchase price usu. in installments shelf.
stretched over months or years.

248
Deep seabed. The seabed and ocean floor Default. 1. Civ. Law. The non-performance of
and its subsoil beyond the limits of natl. ju- a duty, whether arising under a contract or
risdiction [also called the ―Area‖]. otherwise. [Torres, Oblig. & Cont., 2000 Ed.,
p. 349]. 2. Rem. Law. Failure of the defend-
Deep-sea fishing. Commercial fishing in sea
ant to appear and answer the summons and
and inland waters using any tonnage of fish-
complaint.
ing vessels of our 3 tones gross capacity, li-
censed by the Bu. of Fisheries. [Sec. 2, RA Default. Civ. Law. Requisites: (a) That the
4095]. obligation be demandable and already liqui-
dated; (b) that the debtor delays perfor-
Deface. To destroy, to efface or erase.
mance; and (c) that the creditor requires the
Defacing or tampering with a serial number. performance judicially and extrajudicially.
The erasing, scratching, altering or changing [SSS v. Moonwalk Devt. & Housing Corp.,
of the orig. factory-inscribed serial number GR 73345. Apr. 7, 1993].
on the motor vehicle engine, engine block or
Default. Rem. Law. Remedies available to a
chassis of any motor vehicle. Whenever any
defaulted party. Under the Rules of Court,
motor vehicle is found to have a serial num-
there are several remedies available to a
ber on its motor engine, engine block or
defaulted party, namely: (a) A party declared
chassis which is different from that which is
in default may, at anytime after notice there-
listed in the records of the Bu. of Customs
of and before judgment, file a motion under
for motor vehicles imported into the Phils.,
oath to set aside the order of default upon
that motor vehicle shall be considered to
proper showing that his failure to answer
have a defaced or tampered with serial
was due to fraud, accident, mistake or ex-
number. [Sec. 2, RA 6539].
cusable negligence, and that he has a meri-
Defalcation. 1. Defaulting on a debt or other torious defense [Sec. 3 (b), Rule 9]; (b) If the
obligation such to account for public or trust judgment has already been rendered when
funds. Usu. used in the context of public of- the defendant discovered the default, but
ficials. 2. Defalcation has another legal before the same has become final and ex-
meaning referring to the setting-off of 2 ecutory, he may file a motion for new trial
debts owed bet. 2 people by the agreement under Sec. 1 (a) of Rule 37; (c) If the de-
to a new amount representing the balance. fendant discovered the default after the
judgment has become final and executory,
Defamation. 1. An attack on the good reputa- he may file a petition for relief under Sec. 2,
tion of a person, by slander or libel. 2. That Rule 38; and (d) He may also appeal pro-
which tends to injure a person's reputation.
vided the decision is not yet final, from the
See Libel and Slander. judgment rendered against him as contrary
Defamatory. Harmful and often untrue; tend- to the evidence or to the law, even if no mo-
ing to discredit or malign. tion to set aside the order of default had
been presented by him. [Tiburcio v. Castro
Defamatory allegation. Crim. Law. An allega- GR L-58997, May 28, 1988, as modified by
tion [that] ascribes to a person the commis- the 1997 Rules of Civil Proc.].
sion of a crime, the possession of a vice or
defect, real or imaginary, or any act, omis- Default declaration. If the defending party
sion, condition, status or circumstance fails to answer with-in the time allowed
which tends to dishonor or discredit or put therefor, the court shall, upon motion of the
him in contempt, or which tends to blacken claiming party with notice to the defending
the memory of one who is dead. [Vasquez v. party, and proof of such failure, declare the
CA, GR 118971, 15 Sep. 1999]. See Libel. defending party in default. Thereupon, the
court shall proceed to render judgment
Defame. To damage the good reputation of granting the claimant such relief as his
someone; to slander or libel.

249
pleading may warrant, unless the court in its Defective bid. A bid which complies with the
discretion requires the claimant to submit advertised descriptions and specifications
evidence. [Sec. 3, Rule 9, RoC]. but not with the terms and conditions in the
invitation to bid. [IRR on Supply & Prop.
Default judgment. A judgment entered
Mgt., per Sec. 383, LGC].
against a party who fails to appear in court
or respond to the charges. Also Default or- Defendant. 1. The person, company or org.
der or Order of default. who defends a legal action taken by a plain-
tiff and against whom the court has been
Default or Delinquency charge. With respect
asked to order damages or specific correc-
to a consumer credit transaction, the penalty
tive action redress some type of unlawful or
charge payable by the consumer-debtor for
improper action alleged by the plaintiff. 2.
failure to pay an amount or installment in full
The person defending or denying a suit. 3.
on the date the same becomes due and
The term may refer to the orig. defending
demandable, or on or before the period
party, the defendant in a counterclaim, the
specified for the purpose in the consumer
cross-defendant, or the 3rd (4th, etc.) party
credit sale documents. [Art. 4, RA 7394].
defendant. [Sec. 1, Rule 3, RoC].
Default order. An order or judgment issued by
Defense. That which is offered and alleged by
a court in favor of the plaintiff in a case in
the party proceeded against in an action or
which the defendant fails to defend his case.
suit, as a reason in law or fact why the plain-
It can occur if the defendant fails to
tiff should not recover or establish what he
acknowledge the notice, fails to appear, or
seeks. That which is put forward to diminish
fails to defend the case. Also Order of de-
plaintiff‘s cause of actio or defeat recovery.
fault or Default judgment.
Evidence offered by accused to defeat crim-
Default order, Effect of. 1. A party in default inal charge.
shall be entitled to notice of subsequent
Defense of property. Affirmative defense in
proceedings, but not to take part in the trial.
criminal law or tort law where force was
[Sec. 3(a), Rule 9, RoC]. 2. A defendant
used to protect one's property.
who has been declared in default loses his
standing in court as party litigant. Before the Defense of relatives. Crim. Law. Elements:
order of default is vacated, said defendant (a) Unlawful aggression; (b) reasonable ne-
has no right to expect that his pleadings cessity of the means employed to prevent or
would be acted upon by the court. [Tan v. repel it; and (c) the person defending the
Dimayuga, GR L-15241. July 31, 1962]. relative had no part in provoking the assail-
ant, should due provocation have been giv-
Default, Finding of. Requisites: (a) That the
en by the person attacked. [People v.
obligation is demandable and liquidated; (b)
Agapinay, GR 77776. June 27, 1990].
the debtor delays performance; and (c) the
creditor judicially or extrajudicially requires Defense of stranger. Crim. Law. Elements:
the debtor‘s performance. [See Selegna (a) Unlawful aggression; (b) reasonable ne-
Mngt. and Devt. Corp. v. UCPB, GR cessity of the means employed to prevent or
165662, May 3, 2006]. repel it; and (c) the person defending be not
induced by revenge, resentment, or other
Defeasance. A side-contract which contains a
evil motive. [Masipequiña v. CA, GR L-
condition which, if realized, could defeat the
51206. Aug. 25, 1989].
main contract. The common English usage
of the word Defeasance has also become Defensive. Used or intended to defend or
acceptable in law, referring to a contract that protect.
is susceptible to being declared void as in
―immoral contracts are susceptible to defea-
sance."

250
Defensive driving. Driving to save lives, time, ously assessed (or collected without as-
and money, in spite of the conditions around sessment) as a deficiency, but such amount
and the actions of others. previously assessed, or collected without
assessment, shall first be decreased by the
Defensive wound. Hand wound produced by
amount previously abated, refunded or oth-
defensive grappling to avoid more serious
erwise repaid in respect of such tax. [Sec.
wounds, such as one who would normally
use his hands in parrying off the thrust or
stabbing blow of an assailant. Deficiency judgment. A judgment for the
balance of the indebtedness after applying
Defensor vinculi. Lat. Defender of the Bond.
the proceeds of the sale of the mortgaged
He is the member of an ecclesiastical mat-
property to such indebtedness and is nec-
rimonial court whose duty is to uphold the
essarily filed after the fore-closure proceed-
validity of a disputed marriage until sufficient
ings. [Caltex Phils. v. IAC, GR 74730. Aug.
evidence is given to prove its nullity. If he is
25, 1989].
not satisfied with the court's ruling, he must
appeal to a higher tribunal. [Rep. v. CA, GR Deficient. Incomplete; defective; not sufficient
108763, 13 Feb. 1997]. in quantity or force.
Deference and non-disturbance doctrine. Deficit. Shortfall or deficiency of revenues
The doctrine that the Sup. Court on appeal over expenditures of the govt.
would not disturb the findings of the trial
Definitive. Precisely defined or explicit.
court on the credibility of witnesses in view
of the latter's advantage of observing at first Definitive judgment. 1. One that decides
hand their demeanor in giving their testimo- finally the rights of the parties upon the is-
ny. [Tehankee, concurring op., Llamoso v sue submitted, by specifically denying or
Sandiganbayan, GR L-63408 & 64026 Aug. granting the remedy sought by the action.
7, 1985]. [Miranda v. CA, GR L-33007 June 18,
1976]. 2. A decision [which] must purport to
Deferred. Postponed or delayed.
decide finally the rights of the parties upon
Deferred payment: A loan arrangement in the issue submitted, by specifically denying
which the borrower is allowed to start mak- or granting the remedy sought by the action.
ing payments at some specified time in the [Cu Unjieng E. Hijos v. The Mabalacat Sug-
future. ar Co., GR 45351 June 29, 1940].
Deferred shares. Corp. Law. Those which are Deflation. The reduction in volume and circu-
entitled to dividends after payment of hold- lation of the available money or credit, re-
ers of common shares. [Diaz, Bus. Law sulting in a de-cline of the general price lev-
Rev., 1991 Ed., p. 250]. el. It is the opposite of inflation. [Diaz, Bus.
Law Rev., 1991 Ed., p. 41].
Deficiency. (a) The amount by which the tax
imposed by Chap. II of RA 84824 exceeds Deflation of currency. A situation in which
the amount shown as the tax by the donor less money becomes available without a
upon his return; but the amount so shown drop in production, causing prices to fall,
on the return shall first be increased by the production to slow down, and people to lose
amount previously assessed (or collected their jobs. See Extraordinary inflation.
without assessment) as a deficiency, and
Defloration. Legal Med. The laceration or
decreased by the amounts previously abat-
rupture of the hymen as a result of sexual
ed, refunded or otherwise repaid in respect
intercourse. [Olarte, Legal Med., 1st Ed.
of such tax, or (b) if no amount is shown as
(2004), p. 124]. Also Deflowering.
the tax by the donor, then the amount by
which the tax exceeds the amounts previ-

251
Deflowering. Depriving a woman of her vir- Delay. Also Mora. N. The failure to perform an
ginity. obligation on the date specified after a judi-
cial or extra-judicial demand which failure
Deforce. To withhold something by force from
amounts to a violation of the obligation. [Di-
the rightful owner.
az, Bus. Law Rev., 1991 Ed., p. 6].
Deforciant. 1. A party who fails and refuses to
Delay. V. To prolong the time of or before; to
turn over what in law belongs to another. 2.
stop, detain or hinder for a time, or cause
A tenant withholding the property unlawfully
someone or something to be behind in
"after the expiration or termination of the
schedule or usual rate of movement in pro-
right to hold possession by virtue of any
gress. [Lufthansa German Airlines v. CA,
contract, express or implied. [Co Tiamco v.
GR 83612. Nov. 24, 1994].
Diaz, GR L-7, Jan. 22, 1946].
Delay. Kinds: (a) Mora solvendi or the delay
Deforest. To clear an area of forests or trees.
on the part of the debtor to fulfill his obliga-
Deforestation. The destruction of forest trees tion [to give or to do]; mora accipiendi or the
in such a manner as to leave practically little delay on the part of the creditor to accept
or no chance at all of normal recovery for a the performance of the obligation; and (c)
forest. Some of the factors responsible for compensatio morae or delay committed by
the destruction of forest products include: il- both parties in reciprocal obligations. [Diaz,
legal loggers, illegal forestry product gather- Bus. Law Rev., 1991 Ed., p. 6].
ers, timber smugglers, kaingeros, squatters,
Delay in the delivery of detained persons to
forest incendiaries, miners, atmospheric
the proper judicial authorities. Crim. Law.
agents, biological agents.
The felony committed by a public officer or
Deforested area. The area which has been employee who shall detain any person for
denuded but has not been reforested as of some legal ground and shall fail to deliver
the end of the reference year. such person to the proper judicial authorities
within the period of; 12 hours, for crimes or
Deformity or Disfigurement. Visible ugliness, offenses punishable by light penalties, or
permanent and visible physical abnormality. their equivalent; 18 hours, for crimes or of-
[People v. Balubar, GR 40940. Oct. 9, fenses punishable by correctional penalties,
1934]. or their equivalent and 36 hours, for crimes,
Defunct. A corp. no longer operative; having or offenses punishable by afflictive or capital
ceased to exist. penalties, or their equivalent. [Art. 125,
RPC].
Degree. 1. A step in a direct hereditary line of
descent or ascent. 2. An academic title giv- Delaying release. Crim. Law. The felony
en by a college or university to a student committed by any public officer or employee
who has completed a course of study. who delays for the period of time specified in
Art. 124 of the Rev. Penal Code the perfor-
Degree programs. College and university mance of any judicial or executive order for
courses leading to at least a Bachelor's de- the release of a prisoner or detention pris-
gree. [Sec. 1, PD 932] Compare with Non- oner, or unduly delays the service of the no-
degree programs. tice of such order to said prisoner or the
Dehors. Fr. Outside. In the context of legal proceedings upon any petition for the libera-
proceedings, it refers to that which is irrele- tion of such person. [Art. 126, RPC].
vant or outside the scope of the debate. Delectus personae. Lat. Choice of the per-
Del tiempo de su condena. Sp. From the son.
period of his sentence. [Baking v. Dir. of Delectus personae doctrine. The doctrine
Prisons, GR L-30364. July 28, 1969]. that allows the partners to have the power,

252
although not necessarily the right, to dis- Delegation. Intl. Law. A group of persons
solve the partnership. [Ortega v. CA, GR appointed to an intl. conference, commis-
109248. July 3, 1995]. sion, or org.
Delectus personarum principle. Under this Delegation of legislative power. The statuto-
principle, it is required that for a partner to ry grant of rule-making power to administra-
associate another with him in his share in tive agencies [which is] a valid exception to
the partnership, the consent of all the part- the rule on non-delegation of legislative
ners is necessary. This is bec. of the mutual power provided 2 conditions concur, name-
trust among the partners and that this is the ly: a) the statute is complete in itself, setting
case of subjective novation when there is a forth the policy to be executed by the agen-
change in the parties to a contract. Their cy, and b) said statute fixes a standard to
consent thereto is necessary in order to bind which the latter must conform. [Cebu Inst.
them. [Albano, Civil Law Reviewer, Rev. Of Tech. V. Ople, GR L-58870. Dec. 18,
Ed., p. 412]. 1987].
Delegacion. 1. A form of novation whereby the Delegation of legislative power. Requisites
debtor offers and the creditor accepts a 3rd for validity: (a) the completeness of the stat-
person who consents to the substitution and ute making the delegation; and (b) the pres-
assumes the obligation, so that the interven- ence of a sufficient standard. [Pelaez v. Au-
tion and the consent of these 3 persons are ditor General, GR L-23825 Dec. 24, 1965].
necessary. [De Cortes v. Venturanza, GR L-
Delegatus non potest delegare. Also Dele-
26058. Oct. 28, 1977]. 2. A kind of novation
gati potestas non potest delegare. Lat. A
by which the orig. debtor, in order to be lib-
delegated power may not be further dele-
erated from his creditor, gives him a 3rd
gated. 1. One of the pivotal principles of
person who becomes obliged in his stead to
administrative law: that a delegate cannot
the creditor. [Torres, Oblig. & Cont., 2000
delegate. In other words, a person to whom
Ed., p. 349]. Compare with Expromision.
an authority or decision-making power has
Delegata potestas non potest delegari. Lat. been delegated to from a higher source,
No delegated powers can be further dele- cannot, in turn, delegate again to another,
gated. Also Delegatus non potest dele- unless the orig. delegation explicitly author-
gare. ized it. 2. The person to whom an office or
duty is delegated cannot lawfully devolve
Delegate. 1. N. A person sent or authorized to
the duty on another. [City Lumber v. Domin-
represent others. 2. V. To entrust a task or
go, GR L-18611. Jan. 30, 1964].
responsibility to another person.
Delict. From Lat. delictum: a fault. Any private
Delegated jurisdiction. Jurisdiction given to a
wrong or injury, or a minor public wrong or
person, as distinguished from ordinary juris-
injury.
diction which is attached by law to an office.
[Roman Catholic Apostolic Administrator of Delimitation. Boundary line: a line that indi-
Davao, Inc. v. Land Regist. Comm., GR L- cates a boundary.
8451. Dec. 20, 1957]. Compare with Ordi-
Delimitation survey. The establishment of
nary jurisdiction.
land classification boundaries, and the mon-
Delegation. Civ. Law. The grant umenting thereof, through ground survey.
of authority by one party [the delegator] to [Sec. 4, DENR AO 2008-24].
another [the delgatee] for agreed purposes.
Delineate. To indicate the exact position of a
Under the legal concept of vicarious liability,
border or boundary.
the delegator remains responsible for the
delegatee‘s acts or omissions in carrying out Delineation. The conduct of site investigation,
the purpose of the delegation. field reconnaissance and assessment, and

253
staking of boundaries bet. forestlands, natl. penal provisions are united in one and the
parks and agricultural lands, verified in the same intent or resolution leading to the per-
field in accordance with the criteria set forth petration of the same criminal purpose or
under DENR AO 2008-24. [Sec. 4, DENR aim. [Defensor-Santiago v. Garchitorena,
AO 2008-24]. GR 109266. Dec. 2, 1993].
Delinquency. 1. Failure or omission of duty, a Delito continuado. Sp. Continued or continu-
fault, a misdeed, an offense, a misdemean- ous crime. In appearance, a delito contin-
or, a crime. [Padilla v. City of Pasay, GR L- uado consists of several crimes but in reality
24039. June 29, 1968]. 2. The commission there is only one crime in the mind of the
of an illegal act by a juvenile. perpetrator. [Defensor-Santiago v. Garchito-
rena, GR 109266. Dec. 2, 1993].
Delinquency charge. The penalty assessed
for delinquent payments on a mortgage or Delito de habito. Sp. Habitual delinquency.
installment loan after the grace period has [People v. Blanco, GR L-2700. Jan. 13,
elapsed. See Default charge. 1950].
Delinquent. 1. Failing to do what law or duty Deliver. To bring and hand over a letter, par-
requires. 2. Overdue in payment. 3. Youth cel, or ordered goods to the proper recipient
offender. or address.
Delinquent subscription. A subscription de- Deliver (a dangerous drug). 1. Any act of
clared by the BoD as such after the sub- knowingly passing a dangerous drug to an-
scriber failed to settle the same after a peri- other, personally or otherwise, and by any
od of 30 days from the date the subscription means, with or without consideration. [Sec
became due as specified in the contract of 3, RA 9165]. 2. A person's act of knowingly
subscription or in the call made by the BoD. passing a dangerous drug to another, per-
[SEC MC 11, s. 2008]. sonally or otherwise, and by any means,
with or without consideration. [Sec. 2, RA
Delito. Sp. Crime.
6425].
Delito complejo. Sp. Complex crime. A crime
Delivered price. A price for which a seller
arising from an offense being a necessary
agrees to deliver merchandise to a purchas-
means for committing another, which is re-
er at a designated place. See Cash price.
ferred to in the 2nd clause of Art. 48, Rev.
Penal Code. [Ponce-Enrile v. Salazar, GR Delivery. Also Tradition. 1. Voluntary transfer
92163. June 5, 1990]. Sp. See Complex of possession from one person to another.
crime proper. [Sec. 58, Act 2137]. 2. Transfer of posses-
sion, actual or constructive, from one person
Delito compuesto. Sp. Compound crime. The
to another. [Sec. 191, NIL]. 3. The act by
complex crime defined under the 1st clause
which the res or subject is placed in the ac-
of Art. 48. of the Rev. Penal Code. It arises
tual or constructive possession or control of
from a single physical act resulting in simul-
another. [Onapal Phils. v. CA, GR 90707.
taneous (or almost simultaneous) injury to 2
Feb. 1, 1993].
or more victims. [People v. Mision, GR
63480. Feb. 26, 1991]. See Compound Delivery now, pay later. An arrangement bet.
crime. buyer and seller which is in essence sales
on account.
Delito continuado. Sp. Continued crime.
Requisites: There should be a (a) plurality of Delivery of personal property. See Replev-
acts performed during a period of time; (b) in.
unity of penal provision violated; and (c) uni-
Delivery of prisoners from jails. Crim. Law.
ty of criminal intent or purpose, which
The felony committed by any person who
means that 2 or more violations of the same

254
shall remove from any jail or penal estab- was a controlling motive for the establish-
lishment any person confined therein or ment of the contract; or (c) when the de-
shall help the escape of such person, by mand would be useless, as when the obligor
means of violence, intimidation, or bribery. has rendered it beyond his power to per-
[Art. 156, RPC]. form. SSS v. Moonwalk Dev‘t. & Housing
Corp., GR 73345, Apr. 7, 1993].
Delusion. A false belief strongly held in spite
of invalidating evidence, esp. as a symptom Demand deposits. All those liabilities of the
of mental illness. Bangko Sentral and of other banks which
are denominated in Phil. currency and are
Delusion test. Legal Med. The test under
subject to payment in legal tender upon de-
which an insane person believes in a state
mand by the presentation of checks. [Sec.
of things, the existence of which no rational
58, RA 7653].
person would believe. [People v. Dungo, GR
89420. July 31, 1991]. Compare with Irre- Demand draft. A bill of exchange payable on
sistible impulse test and Right and wrong demand. [Rep. v. PNB, GR L-16106. Dec.
test. 30, 1961].
Delusions. Legal Med. 1. False ideas that Demand letter. A letter from a lawyer, on be-
cannot be corrected by reasoning, and that half of a client, that demands payment or
are idiosyncratic for the patient - that is, not some other action, which is in default. De-
part of his cultural environment. They are mand letters are not always prerequisites for
among the common symptoms of schizo- a legal suit but there are exceptions such as
phrenia. [People v. Rafanan, GR 54135. legal action on promissory notes or if the
Nov. 21, 1991]. 2. A false or erroneous be- contract requires it. Basically, a demand let-
lief in something which is not a fact. [Olarte, ter sets out why the payment or action is
Legal Med., 1st Ed. (2004), p. 148]. claimed, how it should be carried out (e.g.,
payment in full), directions for the reply and
Demand. 1. The assertion of a legal right; a
a deadline for the reply. Demand letters are
legal obligation asserted in court. An im-
often used in business contexts bec. they
perative request preferred by one person to
are a courtesy attempt to maintain some
another, under a claim of right, requiring the
goodwill bet. business parties and they often
latter to do or yield something or to abstain
prompt payment, avoiding expensive litiga-
from some act. 2. To request payment of a
tion. A demand letter often contains the
debt or amount due. 3. In the rescission of a
threat that if it is not adhered to, the next
sale of immovable property, (the term) refers
communication bet. the parties will be
to an authentic notice that the vendor takes
through a court of law in the form of formal
the option of resolving the contract, or if it
legal action.
pleases him, to harmonize their spirit with
the letter of the Civ. Code, to a demand that Demarcated areas. Fisheries Law. Bounda-
the vendor makes upon the vendee for the ries defined by markers and assigned exclu-
latter to agree to the resolution of the obliga- sively to specific individuals or orgs. for cer-
tion and to create no obstacle to this contain specified and limited uses such as aq-
tractual mode of extinguishing obligations. uaculture, sea ranching and sea farming;
fish aggregating devices; fixed and passive
Demand. Instances when not necessary to
fishing gears; and fry and fingerlings gather-
render the obligor in default: (a) When the
ing. [Sec. 4, RA 8550].
obligation or the law expressly so declares;
(b) when from the nature and the circum- Demarcation. 1. The action of fixing the
stances of the obligation it appears that the boundary or limits of something. 2. A divid-
designation of the time when the thing is to ing line.
be delivered or the service is to be rendered

255
Demarche. Intl. Law . A word coined by the pose of firing a projectile. [Sec. 3, RA
diplomatic community and referring to a 10591].
strongly worded warning by one country to
Demilitarized zone (DMZ). An area in which
another and often, either explicitly or implic-
treaties or agreements bet. nations, military
itly, with the threat of military consequence.
powers or contending groups forbid military
Demarches are often precursors to hostili-
installations, activities or personnel.
ties or war. In Sep. 1996, for example, US
Pres. Clinton issued a demarche to Iraqi Demise. A conveyance of an estate to another
Pres. Saddam Hussein when intelligence for life, for years, or at will. A lease or con-
reports showed troops massing along the veyance for a term of years.
border of Kurd communities.
Demise charter. Also Bareboat. Mar. Law. 1.
Demeanor. 1. Conduct; behavior; deportment. A charter involving the transfer of full pos-
2. Facial appearance; mien. 3. As respects session and control of the vessel for the pe-
a witness or other person, relates to physi- riod covered by the contract, the charterer
cal appearance; outward bearing or behav- obtaining the right to use the vessel and car-
ior. ry whatever cargo it chooses, while manning
and supplying the ship as well. [Maritime
Demeanor, conduct and attitude of wit-
Agencies & Services, Inc. v. CA, GR 77638.
nesses. The different indicators of truthful-
July 12, 1990]. 2. In modern maritime law
ness or falsehood [through which the trial
and usage, a charter party where the ship-
court has the singular opportunity to observe
owner turns over possession of his vessel to
the witnesses] such as the angry flush of an
the charterer, who then undertakes to pro-
insisted assertion or the sudden pallor of a
vide a crew and victuals and supplies and
discovered lie or the tremulous mutter of a
fuel for her during the term of the charter.
reluctant answer or the forthright tone of a
The shipowner is not normally required by
ready reply; or the furtive glance, the blush
the terms of a demise charter to provide a
of conscious shame, the hesitation, the sin-
crew, and so the charterer gets the "bare
cere or the flippant or sneering tone, the
boat", i.e., without a crew. [Litonjua Shipping
heat, the calmness, the yawn, the sign, the
Inc. v. NSB, GR 51910. Aug. 10, 1989].
candor or lack of it, the scant or full realiza-
tion of the solemnity of an oath, the carriage Demise of real property. Lease of an unfur-
and mien. [People v. Yambot, GR 120350, nished house. [Litonjua Shipping Inc. v.
Oct. 13, 2000]. NSB, GR 51910. Aug. 10, 1989].
Dementia. Legal Med. A form of insanity re- Democracy. That form of govt. in which the
sulting from degeneration or disorder of the sovereign power resides in and is exercised
brain characterized by general mental by the whole body of free citizens directly or
weakness, forgetfulness, loss of coherence indirectly through a system of representa-
and total inability to reason but not accom- tion, as distinguished from monarchy, aris-
panied by delusion or uncontrollable im- tocracy, or oligarchy.
pulse. [Olarte, Legal Med., 1st Ed. (2004), p.
147]. Democratic form of government. Pol. Law. A
form of govt. which requires that political
Dementia senilis. Legal Med. Deteriorated rights be enjoyed by the citizens regardless
mental functioning in elderly people. of social or economic distinctions. [Maquera
v. Borra, GR L-24761. Sep. 7, 1965, Beng-
Demilitarize. To remove any military presence
zon, Concurring Op.].
or function in an area.
Demolish. To raze, level, ruin, wreck, destroy,
Demilitarized firearm. A firearm deliberately
wipe out.
made incapable of performing its main pur-

256
Demolition. The act or process of wrecking or the evidence for the prosecution. [Godoy v.
destroying. CA, GR L-80814. Aug. 30, 1988].
Demote. To give someone a lower rank or less Den, dive or resort. A place where any dan-
senior position, usu. as a punishment. gerous drug and/or con-trolled precursor
and essential chemical is administered, de-
Demotion. The movement from one position
livered, stored for illegal purposes, distribut-
to another involving the issuance of an ap-
ed, sold or used in any form. [Sec 3, RA
pointment with diminution in duties, respon-
9165].
sibilities, status or rank which may or may
not involve reduction in salary. [Sec. 11, Denial. Evid. 1. An assertion that an allegation
Rule VII of the Omnibus Rules Implementing is false; a defense asserting that an oppos-
Book V of EO 292]. ing party's allegations are false. 2. If unsup-
ported by clear and convincing evidence, [a]
Demur. To object.
negative and self-serving evidence, which
Demurrage. 1. In its strict sense, it is the com- deserves no weight in law and cannot be
pensation provided for in the contract of af- given greater evidentiary value over the tes-
freightment for the detention of the vessel timonies of credible witnesses who testify on
beyond the time agreed on for loading and affirmative matters. [People v. Manalili, GR
unloading. Essentially, demurrage is the 184598, June 23, 2009]. 3. Just like alibi, [it]
claim for damages for failure to accept de- is a self-serving negative evidence which
livery. In a broad sense, every improper de- cannot be accorded greater evidentiary
tention of a vessel may be considered a weight than the declaration of credible wit-
demurrage. [Magellan Mfg. v. CA, GR nesses who [testified] on affirmative matters.
99529, Aug. 22, 1991]. 2. A charge made by [People v. Macalaba, GR 146284-86. Jan.
a ship owner when a charterer keeps a ship 20, 2003].
idle for more than the agreed-upon lay days.
Denial of justice. A gross deficiency in the
Demurrer. Rem. Law. 1. An allegation that, administration of justice.
admitting the facts of the preceding pleading
Denomination. A religious sect having a par-
to be true, as stated by the party making it,
ticular name. [Adong v. Cheong See Gee,
he has yet shown no cause why the party
GR L-18081. Mar. 3, 1922].
demurring should be compelled by the court
to proceed further. [Liquete v. Dario, GR Dental Act of 2007, The Philippine. RA 9484
1341. Nov. 8, 1905]. 2. A motion put to a tri- entitled ―An Act to Regulate the Practice of
al judge after the plaintiff has completed his Dentistry, Dental Hygiene and Dental Tech-
case, in which the defendant, while not ob- nology in the Phils., Repealing for the Pur-
jecting to the facts presented, and rather pose RA 4419, Otherwise Known as ‗An Act
than responding by a full defense, asks the to Regulate the Practice of Dentistry in the
court to reject the petition right then and Phils., and for Other Purposes‘, and RA 768,
there bec. of a lack of basis in law or insuffi- Otherwise Known as ‗An Act to Regulate the
ciency of the evidence. 3. A pleading filed by Practice of Dental Hygienists in the Phils.,
the defendant that the complaint as filed is and For Other Purposes‘, and Appropriating
not sufficient to require an answer. Funds Therefor‖ enacted on June 2, 2007.
Demurrer to evidence. Rem. Law. A motion Dental hygienist. A person who is a holder of
to dismiss filed by the accused on the a valid certificate of registration and profes-
ground of insufficiency of evidence after the sional identification card and has undergone
prosecution has rested its case, thus waiv- a 2-year course in dental hygiene from a
ing his right to present evidence and submit- govt. recognized school under a college of
ting the case for judgment on the basis of dentistry and passing the prescribed board
examination for dental hygienist, renders

257
oral health promotion and preventive tion, upon the human mouth, jaws, teeth,
measures, performs scaling and polishing, and surrounding tissues; prescribe drugs or
oral examination, taking brief clinical history, medicines for the treatment of oral diseases
taking radiograph, and giving oral health ed- and lesions; or correct malpositions of the
ucation to patients under the supervision of teeth. [Sec. 14, RA 4419].
a licensed dentist. [Sec. 4, RA 9484].
Denuncia falsa. Sp. 1. False accusation.
Dental services. Oral examination, cleaning, [Lagman v. IAC, GR L-72281. Oct. 28,
permanent and temporary filling, extractions 1988]. 2. Malicious prosecution; generally
and gum treatments, restoration, replace- refers to unfounded criminal actions.
ment or repositioning of teeth, or alteration [Madera v. Lopez, GR L-37105, Feb. 10,
of the alveolar or periodontium process of 1981].
the maxilla and the mandible that are nec-
Deoxyribonucleic Acid (DNA). A molecule
essary for the diagnosis or treatment of an
that encodes the genetic instructions used in
illness or injury. [Sec. 3. RA 9994].
the development and functioning of all
Dental technologist. A person who is a holder known living organisms and many viruses.
of a valid certificate of registration and pro-
Department. 1. An executive department cre-
fessional identification card and who renders
ated by law. This shall include any instru-
technical services such as mechanical con-
mentality having or assigned the rank of a
struction of artificial denture and other oral
department, regardless of its name or des-
devices under the supervision of a licensed
ignation. [Sec. 3, RA 10149]. 2. Any of the
dentist, and has finished a 2-year certificate
executive departments or entities having the
course in dental technology from any govt.
category of a department incl. the judiciary,
recognized school. [Sec. 4, RA 9484].
Comelec and COA. [Sec. 3, PD 807].
Dentist. A person who is a holder of a valid
Department of Agrarian Reform (DAR). 1.
certificate of registration and professional
The Department responsible for all land re-
identification card in Dentistry who renders
form programs in the country, with the pur-
dental service within the meaning and intent
ported aim of promoting social justice and
of [RA 9484] and who, for a fee, salary,
industrialization through massive taxation of
compensation or reward, paid to him/her or
rich and poor Filipinos alike. 2. A depart-
through another, or even without such com-
ment created by virtue of RA 6389 signed
pensation or reward, performs any operation
on Sep. 10, 1971 which replaced the Land
or part of an operation, upon the human oral
Authority established in 1963 under RA
cavity, jaws, teeth and surrounding tissues;
3844.
prescribes drugs or medicines for the treat-
ment of oral diseases or lesions, or prevents Department of Agrarian Reform Adjudica-
and or corrects malpositions of the teeth or tion Board (DARAB). The Board created to
implantation of artificial substitutes for lost have primary and exclusive jurisdiction, both
teeth; and teaches subjects in the licensure orig. and appellate, to determine and adjudi-
examination; or engages in dental research. cate all agrarian disputes involving the im-
[Sec. 4, RA 9484]. plementation of the CARP under RA 6657,
as amended by RA 9700, EOs 228, 229,
Dentistry, Practice of. A person shall be re-
and 129-A, RA 3844 as amended by RA
garded as engaged in the practice of dentis-
6389, PD 27 and other agrarian laws and
try or rendering dental service, within the
their IRR.
meaning and intent of RA 4419, who shall,
for a fee, salary, compensation, or any form Department of Agriculture (DA). 1. Originally
of reward, paid to him or through another, or called the Dept. of Agriculture and Manufac-
even without such compensation or reward, turing and one of the 1st agencies formed
perform any operation or part of an opera- by Pres. Emilio Aguinaldo on June 23, 1898

258
or 11 days after the proclamation of the Phil. of the govt., supervision of the revenue op-
Independence on June 12, 1898. 2. One of erations of all LGUs, the review, approval
the 2 Departments carved out of the former and management of all public sector debt,
Dept. of Agriculture and Natural Resources and the rationalization, privatization and
(DANR) in May 1974 by Pres. Ferdinand public accountability of corps. and assets
Marcos. owned, controlled or acquired by the govt.
Department of Budget and Management Department of Foreign Affairs (DFA). One of
(DBM). An executive body under the Office the first govt. departments created following
of the Pres. of the Rep. of the Phils. respon- the establishment of the First Phil. Rep. in
sible for the sound and efficient use of govt. June 1898. It is tasked to contribute to the
resources for natl. development and also as enhancement of natl. security and the pro-
an instrument for the meeting of natl. socio- tection of the territorial integrity and natl.
economic and political development goals. sovereignty.
Department of Education (Dep-Ed). 1. Origi- Department of Foreign Affairs Overseas
nally called the Superior Commission of Voting Secretariat (DFA-OVS). The secre-
Primary Instruction which was created with tariat based at the DFA home office tasked
the enactment of the Educational Decree of to assist the Office for Overseas Voting
1863. 2. The Department vested with au- (OFOV) under the Comelec, and to direct,
thority, accountability and responsibility for coordinate and oversee the participation of
ensuring access to, promoting equity in, and the DFA in the implementation of the Over-
improving the quality of basic education pur- seas Voting Act.
suant to RA 9155.
Department of Health (DOH). The principal
Department of Energy (DOE). The Depart- health agency responsible for ensuring ac-
ment created by Pres. Ferdinand E. Marcos cess to basic public health services to all Fil-
as he issued PD 1206. It was abolished dur- ipinos through the provision of quality health
ing the administration of Pres. Corazon C. care and regulation of providers of health
Aquino but was re-created by Pres. Fidel V. goods and services. It was first established
Ramos pursuant to RA 7638. by the Americans as a military Board of
Health on Sep. 29, 1898.
Department of Environment and Natural
Resources (DENR). The Department which Department of Justice (DOJ). The Depart-
was first established on Jan. 1, 1917 as the ment founded on Sep. 26, 1898 under the
Dept. of Agriculture and Natural Resources Phil. Revolutionary Govt. of Gen. Emilio
(DANR) through Act 2666. It was last reor- Aguinaldo. It is responsible for upholding the
ganized into the Dept. of Environment and rule of law in the Phils.
Natural Resources (DENR) by EO 192 on
Department of Labor and Employment
June 10, 1987. It is responsible for govern-
(DOLE). The Department which started as a
ing and supervising the exploration, devel-
small bureau in 1908 and became a de-
opment, utilization, and conservation of the
partment on Dec. 8, 1933 with the passage
country's natural resources.
of Act 4121. It is the natl. govt. agency man-
Department of Finance (DOF). The Depart- dated to formulate and implement policies
ment established on Mar. 17, 1897, at the and programs, and serve as the policy-
same time that the Revolutionary Govt. was advisory arm of the Executive Branch in the
founded in Naic, Cavite. It was last reor- field of labor and employment.
ganized under EO 127 on Jan. 30, 1987. It
Department of National Defense (DND). The
is responsible for the formulation, institu-
Department which was formally organized
tionalization and administration of fiscal poli-
on Nov. 1, 1939 pursuant to EO 230 of Pres.
cies, management of the financial resources
Manuel L. Quezon, to implement CA 1 or

259
the Natl. Defense Act of 1935 passed by the Board of Travel and Tourist Industry and re-
Natl. Assembly on Dec. 21, 1935 and CA organized in 1986 under EO 120 and 120-A
340 creating the department. It is responsi- signed by Pres. Corazon Aquino. It is re-
ble for guarding against external and inter- sponsible for the regulation of the Phil. tour-
nal threats to peace and security in the ism industry and the promotion of the Phils.
country. as a tourist destination.
Department of Public Works and Highways Department of Trade and Industry (DTI).
(DPWH). It was born in 1868 as the Bu. of The Department which had its beginnings
Public Works and Highways, or Obras Pub- on June 23, 1898 when Pres. Emilio
licas. On Jan. 30, 1987, with the approval of Aguinaldo formed the Dept. of Commerce. It
the 1987 Consti., it came to be known as was last reorganized by Pres. Corazon
DPWH. It is responsible for all safety of pro- Aquino when she signed EO 133 on Feb.
jects in the field of public works as well as 27, 1987 reorganizing the Ministry of Trade
for the maintenance of the Phil. road net- and Industry and renaming it the Dept. of
work and irrigation system. Trade and Industry (DTI). It serves as the
primary coordinative, promotive, and facilita-
Department of Science and Technology
tive arm for trade, industry and investment
(DOST). Originally formed as the Natl. Sci-
activities, and a catalyst for intensified pri-
ence Development Board (NSDB) in 1958,
vate sector activity to accelerate and sustain
during the administration of Carlos P. Gar-
economic growth.
cia. It was elevated in 1987 by Pres. Cora-
zon Aquino to cabinet-level status to be- Department of Transportation and Commu-
come the present-day DOST. nications (DOTC). The executive depart-
ment of the Phil. govt. responsible for the
Department of Social Welfare and Devel-
maintenance and expansion of viable, effi-
opment (DSWD). Originally created as the
cient, and dependable transportation and
Dept. of Health and Public Welfare on Nov.
communications systems as effective in-
1, 1939, by virtue of CA 439. It is responsi-
struments for natl. recovery and economic
ble for the protection of the social welfare
progress. It is responsible for the country's
rights of Filipinos and to promote social de-
rail, air, sea and communications infrastruc-
velopment.
ture.
Department of the Interior and Local Gov-
Dep-Ed. See Department of Education.
ernment (DILG). The Department which
traces its roots from the Phil. Revolution of Dependable and adequate service. Service
1897 when, on Mar. 22, 1897, the Katipunan that, consistent with normal standards and
Govt. established the 1st Dept. of Interior at levels of service based upon good utility
the Tejeros Convention in Cavite. It was last management and operating practices, is suf-
reorganized on Dec. 13, 1990 into what is ficient in quantity, having regard for the de-
now known as the DILG by virtue of RA mands for service currently existing and
6975. reasonably anticipated within the foreseea-
ble future, and that is accessible on a con-
Department of the Interior and Local Gov-
stant and continuous basis except for out-
ernment (DILG) Act of 1990. RA 6975 enti-
ages occasioned by the need for normal re-
tled ―An Act establishing the Phil. Natl. Po-
pair, maintenance, construction or renova-
lice under a reorganized Dept. of the Interior
tion work or by acts beyond the reasonable
and Local Govt., and for other purposes‖
ability of the public service entity to prevent
enacted on Dec. 13, 1990. Also known as
or control. [Sec. 3, PD 269].
the PNP Law.
Dependent. 1. A legitimate, illegitimate or
Department of Tourism (DOT). Originally
legally adopted child chiefly dependent upon
created by Phil. Congress in 1956 as the

260
and living with the taxpayer if such depend- to another state. 2. An entity which, although
ent is not more than 21 years of age, unmar- theoretically considered a state, does not
ried and not gainfully employed or if such have full freedom in the direction of its ex-
dependent, regardless of age, is incapable ternal affairs. It may be either a protectorate
of self-support bec. of mental or physical de- or suzerainty. [Cruz, Intl. Law Reviewer,
fect. [Sec. 35, NIRC, as amended]. 2. One 1996 Ed., p. 14]. Compare with Independ-
who derives existence and support from an- ent state.
other.
Dependents. 1. Labor. The legitimate, legiti-
Dependent child. 1. Any child under 16 years mated, legally adopted or acknowledged
of age who is dependent upon the public for natural child who is unmarried, not gainfully
support or who is destitute, homeless or employed, and not over 21 years of age or
abandoned; or who has no proper parental over 21 years of age provided he is incapa-
care or guardianship, or who habitually begs ble of self-support due to a physical or men-
or receives alms, or who is found living in tal defect which is congenital or acquired
any house of ill-fame or with any vicious or during minority; the legitimate spouse living
disreputable person, or whose home or oth- with the employee and the parents of said
er place of residence, by reason of neglect, employee wholly dependent upon him for
cruelty or depravity on the part of its par- regular support. [Art. 167, LC]. 2. Health Ins.
ents, guardian or other person in whose The legal dependents of a member of the
care the child may be, is an unfit place for Program are: (a) the legitimate spouse who
such child. [Sec. 38-B, RA 1401]. 2. One is not a member; (b) the unmarried and un-
who is without a parent, guardian or custo- employed legitimate, legitimated, illegiti-
dian; or one whose parents, guardian or mate, acknowledged children as appearing
other custodian for good cause desires to be in the birth certificate; legally adopted or
relieved of his care and custody; and is de- step-children below 21 years of age; (c)
pendent upon the public for support. [Art. children who are 21 years old and above but
141, PD 603]. Compare with Abandoned suffering from congenital disability, either
child and Neglected child. physical or mental, or any disability acquired
that renders them totally dependent on the
Dependent parent. Under the Social Security
member of our support; (d) the parents who
Law, one who is fully dependent upon the
are 60 years old or above whose monthly
considered employee for regular support.
income is below an amount to be deter-
[Bayer v. Villanueva, 83 OG 4358].
mined by the Phil. Health Ins. Corp. in ac-
Dependent relative revocation doctrine. cordance with the guiding principles set forth
Succ. The established rule that if a testator in Art. I of RA 7875, as amended; and (e)
revokes a will with a present intention of parents with permanent disability that render
making a new one immediately and as a them totally dependent on the member for
substitute, and the new will is not made, or, subsistence. [Sec. 1, RA 9241, as amended
if made, fails of effect for any reason, it will by RA 10606].
be presumed that the testator preferred the
Depletion. The exhaustion of natural re-
old will to intestacy, and the old one will be
sources like mines and oil or gas wells as a
admitted to probate in the absence of evi-
result of production or severance from such
dence overcoming the presumption, provid-
mines or wells. [Teodoro & De Leon, Law on
ed its contents can be ascertained. [Jurado,
Income Taxation, 11th Ed. (2001), p. 179].
Comments & Jurisp. on Succ., 1991 8th Ed.,
p. 128]. See also Doctrine of Dependent Deployment. The transfer of workers from the
Relative Revocation. place of origin to the place of work.
Dependent state. Intl. Law. 1. A state that has Deployment expenses. Expenses that are
surrendered its rights to conduct intl. affairs directly used for the transfer of the domestic

261
worker from place of origin to the place of clude for insurance its deposit obligations
work covering the cost of transportation. Ad- payable only at such branch. [Sec. 2, RA
vances or loans by the domestic worker are 9576].
not included in the definition of deployment
Deposit account. A savings account, current
expenses. [Sec. 4, RA 10361].
account, or other types of bank account in a
Deponent. One who gives testimony by affi- banking institution that allows money to be
davit or deposition. deposited and withdrawn by the account
holder.
Deport. To expel a foreigner from a country,
typically on the grounds of illegal status or Deposit accounts. Types: 1. Individual; or 2.
for having committed a crime. Joint: (a) ―And‖ account – the signature of
both co-depositors are required for with-
Deportation. The removal of a foreign natl.
drawals; and (b). ―And / or‖ account – either
under immigration laws for reasons such as
one of the co-depositors may deposit and
illegal entry or conduct dangerous to the
withdraw from the account without the
public welfare.
knowledge consent and signature of the
Deposit. 1. A contract constituted from the other.
moment a person receives a thing belonging
Deposit function of banks. The function of
to another, with the obligation of safely
the bank to receive a thing, primarily money,
keeping it and of returning the same. If the
from depositors with the obligation of safely
safekeeping of the thing delivered is not the
keeping it and returning the same.
principal purpose of the contract, there is no
deposit but some other contract. [Art. 1962, Deposit substitutes. An alternative form of
CC]. 2. Funds in foreign currencies which obtaining funds from the public [the term
are accepted and held by an offshore bank- 'public' means borrowing from 20 or more
ing unit in the regular course of business, individual or corporate lenders at any one
with the obligation to return an equivalent time], other than deposits, through the issu-
amount to the owner thereof, with or without ance, endorsement, or acceptance of debt
interest. [Sec. 1, PD 1034]. 3. The unpaid instruments for the borrower's own account,
balance of money or its equivalent received for the purpose of relending or purchasing of
by a bank in the usual course of business receivables and other obligations, or financ-
and for which it has given or is obliged to ing their own needs or the needs of their
give credit to a commercial, checking, sav- agent or dealer. [Sec. 22, NIRC, as amend-
ings, time or thrift account, or issued in ac- ed].
cordance with Bangko Sentral rules and
Depositary. An individual or entity, such as a
regulations and other applicable laws, to-
bank, which is authorized to receive and
gether with such other obligations of a bank,
hold a deposit, with an obligation to return
which, consistent with banking usage and
the same object which is received as a de-
practices, the BoD shall determine and pre-
posit.
scribe by regulations to be deposit liabilities
of the bank: Provided, That any obligation of Deposited property. The total value of the
a bank which is payable at the office of the REIT‘s assets based on the latest valuation
bank located outside of the Phils. shall not determined in accordance with the rules and
be a deposit for any of the purposes of RA regulations promulgated by the SEC. [Sec.
9576 or included as part of the total deposits 3, RA 9856].
or of insured deposits: Provided, further,
That, subject to the approval of the BoD, Depositing stockholder. See Transferring
any insured bank which is incorporated un- stockholder.
der the laws of the Phils. which maintains a Deposition. 1. [It] is chiefly a mode of discov-
branch outside the Phils. may elect to in- ery, the primary function of which is to sup-

262
plement the pleadings for the purpose of 1988]. 2. The gradual diminution in the use-
disclosing the real matters of dispute bet. ful value of tangible property resulting from
the parties and affording an adequate factu- wear and tear and normal obsolescence.
al basis during the preparation for trial. The term is also applied to amortization of
[Dulay v. Dulay, GR 158857, Nov. 11, 2005]. the value of intangible assets, the use of
2. It is intended as a means to compel dis- which in the trade or business is definitely
closure of facts resting in the knowledge of a limited in duration. [Basilan Estates v.
party or other person which are relevant in Comm. on Int. Rev., GR L-22492. Sep. 5,
some suit or proceeding in court. It is meant 1967].
to enable a party to learn all the material
Depression. Legal Med. A feeling of intense
and relevant facts, not only known to him
sadness. It may follow a recent loss or other
and his witnesses but also those known to
sad event but is out of proportion to that
the adverse party and the latter's own wit-
event and persists beyond an appropriate
nesses. [Dasmariñas Garments v. Reyes,
length of time. [Olarte, Legal Med., 1st Ed.
GR 108229. Aug. 24, 1993].
(2004), p. 138]. Compare with Mania.
Depositions de bene esse. Those deposi-
Deprivation. The lack or denial of something
tions taken for purposes of a pending action.
considered to be a necessity.
[Rule 23, RoC].
Deprivation of Liberty. Any form of detention
Depositions in perpetuam rei memoriam.
or imprisonment, or to the placement of a
Those depositions taken to perpetuate evi-
child in conflict with the law in a public or
dence for purposes of anticipated action, or
private custodial setting, from which the
in the event of further proceedings in a case
child in conflict with the law is not permitted
on appeal, and to preserve it against the
to leave at will except by order of any judi-
danger of loss. [Rule 24, RoC].
cial or administrative authority. [Sec. 4, RA
Depository. Any financial institution lawfully 9344; Rule on Juveniles in Conflict with The
authorized to receive govt. moneys upon Law, AM 02-1-18-SC, Nov. 24, 2009].
deposit. [Sec. 2, Chap. 1 Subtitle B, EO
Deputation. The authority of the NMIS to allow
292].
inspectors and meat control officers em-
Depository funds. Funds over which the of- ployed by the LGUs to perform the duties of
ficer accountable therefor may retain control an inspector or meat control officer of the
for the lawful purposes for which they came NMIS. [Sec. 4, RA 9296].
into his possession. It embraces moneys in
Deputize. To appoint someone as a substitute.
any and all depositories. [Sec. 2, Chap. 1
Subtitle B, EO 292]. Deputy. A person appointed or empowered to
act for another.
Depositum. A true deposit where the principal
purpose of the contract is the safekeeping of Derelict. A ship or her cargo which is aban-
the thing deposited. doned and deserted at sea by those who
were in charge of it, without any hope of re-
Depreciate. To diminish in value over a period
covering it (sine spe recuperandi), or without
of time.
any intention of returning to it (sine animo
Depreciated value. The value remaining after revertendi). [Erlanger & Galinger v. Swedish
deducting depreciation from either the re- East Asiatic Co., GR 10051. Mar. 9, 1916].
placement cost or the reproduction cost.
Dereliction. Intl. Law. The physical withdrawal
[Sec. 3, PD 464].
by a state from territory with the intention of
Depreciation. 1. The fall of a currency‘s value relinquishing or abandoning all legal claims
falls in relation to foreign currencies. [Del over it. Its effect is to make the territory terra
Rosario v. Shell Co., GR L-28776. Aug. 19, nullius and, therefore, subject again to oc-

263
cupation by other states. [Cruz, Intl. Law Derivative suit. The principal defense of the
Reviewer, 1996 Ed., p. 70]. minority shareholder against abuses by the
majority. It is a remedy designed by equity
Dereliction of duty. The failure of a public
for those situations where the management,
officer to prosecute a violation of the law.
through fraud, neglect of duty, or other
cause, declines to take the proper and nec-
Ed., p. 629].
essary steps to assert the corp.'s rights.
Derivative. Something that is based on anoth- [Commart (Phils.), Inc. v. SEC, GR 85318.
er source. June 3, 1991].
Derivative suit. Corp. Law. The principal de- Derivative suit. Requisites: (a) The party
fense of the minority shareholder against bringing suit should be a shareholder as of
abuses by the majority. It is a remedy de- the time of the act or transaction complained
signed by equity for those situations where of, the number of his shares not being mate-
the management, through fraud, neglect of rial; (b) he has tried to exhaust intra-
duty, or other cause, declines to take the corporate remedies, i.e., has made a de-
proper and necessary steps to assert the mand on the BoD for the appropriate relief
corp.'s rights. [Commart (Phils.), Inc. v. but the latter has failed or refused to heed
SEC, GR 85318. June 3, 1991]. his plea; and (c) the cause of action actually
devolves on the corp., the wrongdoing or
Derivative suit. Corp. Law. Requisites: (a) harm having been, or being caused to the
The party bringing suit should be a share- corp. and not to the particular stockholder
holder as of the time of the act or transac- bringing the suit. [Filipinas Port Services,
tion complained of, the number of his shares
Inc. v. Go, GR 161886, Mar. 16, 2007].
not being material; (b) he has tried to ex-
haust intra-corporate remedies, i.e., has Derivative tax credit. See Deemed paid tax
made a demand on the BoD for the appro- credit.
priate relief but the latter has failed or re-
Derivative title. Title acquired from another
fused to heed his plea; and (c) the cause of
person. Compare with Original title.
action actually devolves on the corp., the
wrongdoing or harm having been, or being Derived unit. A unit that is formed by combin-
caused to the corp. and not to the particular ing base units and/or supplementary units
stockholder bringing the suit. [Filipinas Port acc. to the algebraic relations linking the
Services, Inc. v. Go. GR 161886, Mar. 16, other corresponding quantities. [Sec. 4, BP
2007]. 8].
Derivative citizenship. Phil. citizenship which Desahucio. Sp. Unlawful detainer. [Sering v.
is automatically devolved to the unmarried Plazo, GR L-49731. Sep. 29, 1988].
child of a parent who has reacquired Phil.
Desaparecido. Sp. Disappeared. It can refer
citizenship after having lost it by becoming a
to one of los desaparecidos, the Argentines
naturalized citizen of a foreign country. The
who "disappeared": that were secretly ar-
child, whether legitimate, illegitimate or
rested and murdered by the Argentinian dic-
adopted, must be below 18 years of age. It
tatorial govt. The same word also applies to
is also a condition that the parent is original-
the Filipinos who were allegedly kidnapped
ly a natural-born Filipino. [RA 9225].
by authorities.
Derivative legislative power. Power which
Desaparecidos. Sp. Those who disappeared.
has been delegated by the sovereign people
Victims of enforced disappearance. The
to legislative bodies and is subordinate to
term also applies to Filipinos allegedly kid-
the orig. power of the people. [Garcia v.
napped by authorities.
Comelec, GR 111230. Sep. 30, 1994].
Compare with Original legislative power.

264
Descendant. A person, plant, or animal that is with an intention not to return to her service;
descended from a particular ancestor. or as it is often expressed, animo non re-
vertendi, that is, with an intention to desert.
Descendant-propositus. Succ. The descend-
[Singa Ship Mgt. V. NLRC, GR 120276. July
ant [brother or sister] whose death gives rise
24, 1997]. 2. A seaman's abandonment of
to the reserve, and from whom therefore the
duty by quitting ship, not only without leave
3rd degree is counted. See Propositus.
or permission, but without justifiable cause,
Descendants. Those persons who are born before termination of engagement; and with
of, or from children of, another are called the intent of not returning to the ship's duty.
that person's descendants. Grandchildren [Singa Ship Management Phils. v. NLRC,
are descendants of their grandfather as GR 120276. July 24, 1997].
children are descendants of their natural
Desertion of a wife by a husband. The act of
parents.
a husband in voluntarily leaving his wife with
Descending. Moving from a higher to a lower intention to forsake her entirely, never to re-
place. turn to her, and never to resume his marital
duties towards her, or to claim his marital
Descending direct line. 1. [It] unites the head rights; such neglect as either leaves the wife
of the family with those who descend from
destitute of the common necessaries of life,
him [as compared with the ascending direct or would leave her destitute but for the
line which] binds a person with those from charity of others. [Dela Cruz v. Dela Cruz,
whom he descends. [Art. 965, CC; Lee v. GR L-19565. Jan. 30, 1968].
CA, GR 177861, July 13, 2010]. 2. In suc-
cession, legitimate children and their de- Desiderata. Plural of Desideratum.
scendants succeed the parents and other
Desideratum. Something considered neces-
ascendants, without distinction as to sex or
sary or highly desirable. [Iñigo v. Cabrera,
age, and even if they should come from dif-
GR L-1032, Nov. 23, 1946].
ferent marriages. An adopted child suc-
ceeds to the property of the adopting par- Design. A plan or drawing produced to show
ents in the same manner as a legitimate the look and function or workings of a build-
child. [Art. 979, CC]. ing, garment, or other object before it is built
or made.
Descriptio personae. Lat. Such description of
a person as will enable the officer to identify Design Center of the Philippines. [A govt.
the accused. The description must be suffi- agency] attached to the DTI [and] mandated
cient to indicate clearly the proper person to promote design as a creative tool for im-
upon whom the warrant is to be served. proving the quality and competitiveness and
[People v. Veloso, GR 23051. Oct. 20, branding of Filipino products in the global
1925]. market; as a strategic tool of value creation
for sustainable economic growth and devel-
Desecrate. To violate the sacredness of or to
opment; and as an innovative tool for en-
profane.
hancing the quality of human life. [Sec. 4,
Desecration. Profanity: blasphemous behav- RA 10557].
ior; the act of depriving something of its sa-
Designate. Admin. Law. 1. To vest (a public
cred character.
officer) with additional duties while he per-
Desert. To abandon a person, cause, or org. forms the functions of his permanent office.
in a way considered disloyal or treacherous. [Sec. of DOTC v. Mabalot, GR 138200, Feb.
27, 2002]. 2. To indicate, select, appoint or
Desertion. Mar. Law. 1. Not a mere unauthor- set apart for a purpose of duty. [Debulgado
ized absence from the ship, without leave, v. CSC, GR 111471. Sep. 26, 1994].
but an unauthorized absence from the ship

265
Designated persons. (a) Any person or entity of said vessel, taking up the rails from a
designated and/or identified as a terrorist, railway track, maliciously changing railway
one who finances terrorism, or a terrorist signals for the safety of moving trains, de-
org. or group under the applicable UN Secu- stroying telegraph wires and telegraph
rity Council Res. or by another jurisdiction or posts, or those of any other system, and, in
supranational jurisdiction; (b) any org., as- general, by using any other agency or
soc., or group of persons proscribed pursu- means of destruction as effective as those
ant to Sec. 17 of the Human Security Act of above enumerated, whether or not the
2007; or (c) any person, org., assoc., or commission has endangered the safety of
group of persons whose funds or property, any person. [Art. 324, RPC].
based on probable cause are subject to sei-
Destruction of the instrument; how proved.
zure and sequestration under Sec. 39 of the
Destruction of the instrument may be proved
Human Security Act of 2007. [Sec. 3, RA
by any person knowing the fact (of the de-
10168].
struction). [E. Michael & Co. v. Enriquez, GR
Designation. 1. An appointment or assign- 10824. Dec. 24, 1915]. See also Execution
ment to a particular office. [Debulgado v. and delivery of the document; by whom
CSC, GR 111471. Sep. 26, 1994]. 2. The established and Loss of the instrument;
term connotes merely the imposition of addi- how shown.
tional duties, upon a person already in the
Destruction of wildlife resources. The of-
public service by virtue of an earlier ap-
fense committed by any person violating the
pointment or election [Santiago v. COA, GR
provisions of Sec. 55 of PD 705 [Forestry
92284 July 12, 1991; Political Law Review
Reform Code] or the regulations promulgat-
by Gonzales, pp. 184-185]. Compare with
ed thereunder. [Sec. 72, PD 705].
Appointment.
Destructive. Causing great and irreparable
Desire. Legal Med. The ardent wish to engage
harm or damage.
in sexual activity which may be triggered by
thoughts or verbal and visual suggestions. Destructive arson. Crim. Law. (1) The felony
[Olarte, Legal Med., 1st Ed. (2004), p. 111]. committed by any person who shall burn: (a)
One or more buildings or edifices, conse-
Despoblado. Deserted place. [US v. De Los
quent to one single act of burning, or as a
Santos, GR 2606, Jan. 22, 1906]. See Un-
result of simultaneous burnings, committed
inhabited place.
on several or different occasions; (b) Any
Destierro. Crim. Law. 1. Banishment or only a building of public or private ownership, de-
prohibition from residing within the radius of voted to the public in general or where peo-
25 kms. from the actual residence of the ac- ple usually gather or congregate for a defi-
cused for a specified length of time. [Uy nite purpose such as, but not limited to, offi-
Chin Hua v. Dinglasan, GR L-2907 June 30, cial governmental function or business, pri-
1950]. 2. Although destierro does not consti- vate transaction, commerce, trade, work-
tute imprisonment [which is a typical exam- shop, meetings and conferences, or merely
ple of deprivation of liberty], it is nonetheless incidental to a definite purpose such as but
a deprivation of liberty. [People v. Abilong, not limited to hotels, motels, transient dwell-
GR L-1960. Nov. 26, 1948]. ings, public conveyances or stops or termi-
nals, regardless of whether the offender had
Destroy. To ruin completely; spoil.
knowledge that there are persons in said
Destruction. Crim. Law. The felony committed building or edifice at the time it is set on fire
by any person who shall cause destruction and regardless also of whether the building
by means of explosion, discharge of electric is actually inhabited or not; (c) Any train or
current, inundation, sinking or stranding of a locomotive, ship or vessel, airship or air-
vessel, intentional damaging of the engine plane, devoted to transportation or convey-

266
ance, or for public use, entertainment or lei- disposition of their cases or transfer to other
sure; (d) Any building, factory, warehouse agencies or jurisdiction. [Art. 117, PD 603].
installation and any appurtenances thereto,
Determinable. Liable to come to an end upon
which are devoted to the service of public
the happening of a certain contingency.
utilities; or (e) Any building the burning of
Susceptible of being determined, found out,
which is for the purpose of concealing or
definitely decided upon, or settled.
destroying evidence of another violation of
law, or for the purpose of concealing bank- Determinable future time. A future time, with-
ruptcy or defrauding creditors or to collect in the meaning of Act 2031, which an in-
from insurance; (2) The feliony perpetrated strument is expressed to be payable: (a) at
or committed by 2 or more persons or by a a fixed period after date or sight; or (b) on or
group of persons, regardless of whether before a fixed or determinable future time
their purpose is merely to burn or destroy specified therein; or (c) on or at a fixed peri-
the building or the burning merely consti- od after the occurrence of a specified event
tutes an overt act in the commission or an- which is certain to happen, though the time
other violation of law; and (3) The felony of happening be uncertain. [Sec. 4, NIL].
committed by any person who shall burn: (a)
Determinable income. Income [that has] a
Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordinance, basis [for its] calculation [from] which the
storehouse, archives or general museum of amount to be paid may be ascertained.
the Government; or (b) In an inhabited [Howden and Co., Ltd. v. Coll. of Int. Rev.,
place, any storehouse or factory of inflam- GR L-19392 Apr. 14, 1965].
mable or explosive materials. [Art. 320, Determinate. Precisely limited or defined;
RPC, as amended by RA 7659]. definite.
Detail. Admin. Law. The movement from one Determinate thing. A thing which is particular-
Department or Agency to another which is ly designated or physically segregated from
temporary in nature. [Rep. v. CA, GR 86147. all other of the same class. [Art. 1460, CC].
Feb. 26, 1990]. Compare with Reassign-
ment. Determination. The decision of a court of
justice.
Detain. To hold or keep in custody. [Paat v.
CA, GR 111107. Jan. 10, 1997]. Determine. To put an end to; terminate.
Detentacion. Sp. Forcible entry. [Sering v. Devaluate. To devalue: to remove the value
Plazo, GR L-49731. Sep. 29, 1988]. from; to deprive of its value.
Détente. Fr. Relax. Intl. Law. The easing of Devaluation. 1. Any decrease or lowering of
strained relations, esp. in a political situa- the monetary value of the peso vis-à-vis
tion. other foreign currencies without any refer-
ence at all to the gold value of the Phil. pe-
Detention. 1. The act of taking a person into so. It can also be construed as a reduction
custody against his will by persons acting in in the value of our currency from an officially
an official capacity and/or agents of the agreed fixed level imposed by monetary au-
State. [Sec. 3, RA 10368]. 2. It refers not on- thorities. [Del Rosario v. Shell Co., GR L-
ly to the placing of a person in an enclosure 28776. Aug. 19, 1988]. 2. As applied to a
which he cannot leave, but also to any other monetary unit, a reduction in its metallic
deprivation of liberty. [People v. Santos, GR content as determined by law resulting in
117873, Dec. 22, 1997]. the lowering of the value of one nation's cur-
Detention home. A 24-hour child-caring insti- rency in terms of the currencies of other na-
tution providing short term resident care for tions. [Del Rosario v. Shell Co., GR L-
28776. Aug. 19, 1988].
youthful offenders who are awaiting court

267
Devalue. To reduce the official value of a cur- Develop - operate - and - transfer. A contrac-
rency in relation to other currencies tual arrangement whereby favorable condi-
tions external to a new infrastructure project
Devastavit. Lat. He has wasted. A personal
which is to be built by a private project pro-
representative who has mismanaged the es-
ponent are integrated into the arrangement
tate and allowed an avoidable loss to occur.
by giving that entity the right to develop ad-
This action opens the personal representa-
joining property, and thus, enjoy some of the
tive to personal liability for the loss.
benefits the investment creates such as
Develop. 1. To grow or cause to grow and higher property or rent values. [Sec. 2, RA
become more mature, advanced, or elabo- 7718].
rate. 2. To become more economically and
Deviation. Mar. Ins. A departure from the
socially advanced.
course of the voyage insured, mentioned in
Development. 1. The work under-taken to [Secs. 121 and 122 of the Ins. Code], or an
explore and prepare an ore body or a min- unreasonable delay in pursuing the voyage
eral deposit for mining, incl. the construction or the commencement of an entirely differ-
of necessary infrastructure and related facili- ent voyage. [Sec. 123, IC].
ties. [Sec. 3, RA 7942]. 2. Steps necessarily
Deviation. Mar. Ins. Cases: 1. Departure from
taken to reach an ore body or mineral de-
the course of sailing fixed by mercantile us-
posit so that it can be mined. [Sec. 2, PD
age bet. the places of beginning and ending
463].
specified in the policy. [Sec. 121, IC]; 2. De-
Development bank. Bank which provides parture from the most natural, direct, and
funds for the promotion of the economy of advantageous route bet. the places speci-
an area, country, region, or the world. fied if the course of sailing is not fixed by
mercantile usage. [Sec. 122, IC); 3. Unrea-
Development expenditures. Expenditures sonable delay in pursuing the voyage. [Sec.
paid or incurred during the development
123, IC]; and 4. The commencement of an
stage of the mine or other natural deposits. entirely different voyage.
The development stage of a mine or other
natural deposit shall begin at the time when Deviation. Mar. Ins. Kinds: (a) Proper devia-
deposits of ore or other minerals are shown tion or one that will not vitiate a policy of ma-
to exist in sufficient commercial quantity and rine insurance bec. deviation is considered
quality and shall end upon commencement justified or caused by actual necessity which
of actual commercial extraction. [Sec. 34, is equal in importance to such deviation.
NIRC, as amended]. [Sec. 124, IC]; (b) Improper deviation or one
where the insurer becomes immediately ab-
Development rights. Also known as New use solved from further liability under the policy
rights. The right to use and/or develop land for losses occurring subsequent to the devi-
and improvements thereon incl. putting them ation bec. deviation is considered to be
to a more intensive use, conversion to a without just cause. Every deviation not spec-
more profitable use, increasing density and
ified in Sec.124 of IC is improper. [Sec. 125,
the like. [Sec. 3, PD 1517]. IC].
Developmental legal aid. The rendition of Device. Medical devices, radiation devices
legal services in public interest causes in- and health-related devices. [Sec. 9, RA
volving overseas workers, fisherfolk, farm- 9711].
ers, laborers, indigenous cultural communi-
ties, women, children and other disadvan- Device making or altering equipment. Any
taged groups and marginalized sectors. equipment, mechanism or impression de-
[Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sep. signed or primarily used for making or alter-
10, 2009]. ing or re-encoding an access de-vice or a

268
counterfeit access device. [Sec. 3, RA Diagnostic procedure. Any procedure to
8484]. identify a disease or condition through anal-
ysis and examination. [Sec. 1, RA 9241].
Devise. Succ. 1. Gifts of real property given by
virtue of a will. 2. The transfer or convey- Dicat testator et erit lex. Lat. What the testa-
ance of real property by will. Compare with tor says will be the law. [Acain v. IAC, GR L-
Legacy. 72706. Oct. 27, 1987].
Devisee. Succ. A person who receives real Dictionary. A book containing words of a par-
property through a will. Compare with Devi- ticular language arranged alphabetically with
see. their meanings, pronunciations, etymolo-
gies, and so on.
Devisees. Succ. Persons to whom gifts of real
property are given by virtue of a will. [Art. Dictum or Dicta. Lat. An opinion of a judge
782, CC]. Compare with Legatees. that does not embody the resolution or de-
termination of the court, and is made without
Devoid. Completely lacking; completely want-
argument or full consideration of the point,
ing or lacking.
not the proffered, deliberate opinion of the
Devolution. Pol. Law. The transfer of power judge himself. It is not necessarily limited to
and authority from the Natl. Govt. to LGUs issues essential to the decision, but may al-
to enable them to perform specific functions so include expressions of opinion that are
and responsibilities. [Art. 24 (b), LGC]. not necessary to support the decision
Compare with Decentralization. reached by the court. Mere dicta are not
binding under the doctrine of stare decisis.
Devolveria. Sp. (Devolver) To return. [Used in [Ayala Corp. v. Rosa-Diana and Realty
People v. Cuevo, GR L-27607 May 7, 1981].
Dev‘t. Corp., GR 134284. Dec. 1, 2000].
DFA. See Department of Foreign Affairs. See Obiter dictum.
DFA-OV. See Department of Foreign Affairs Diesel. The refined petroleum distillate, which
Overseas Voting Secretariat. may contain small amount of hydrocarbon or
nonhydrocarbon additives to improve igni-
Diagnosis. The identification of the nature of tion quality or other characteristic, suitable
an illness or other problem by examination for compression ignition engine and other
of the symptoms. suitable types of engines with quality speci-
Diagnostic. Concerned with the diagnosis of fications in accordance with PNS. [Sec. 3,
illness or other problems. RA 9367].
Diagnostic and laboratory tests. Diagnostic Diet. The kinds of food that a person, animal,
examinations that are necessary for the di- or community habitually eats.
agnosis and/or treatment of an illness and Dietary supplement. Something added to
injury, incl. but not limited to X-ray, CT complete a diet or to make up for a dietary
scans, ECG, 2D Echo, gastroenterology, deficiency.
blood chemistry exams, histopathology and
immunopathology, hematology, urine analy- Dietetic. Concerned with diet and nutrition.
sis, parasitology and bacteriology test, and
Dietetic internship. A period of practical train-
serology. [Art. 5, IRR of RA 9994]. ing in any accredited hospital which pro-
Diagnostic pharmaceutical agents. Specific vides opportunity to acquire knowledge and
topical drugs used to aid optometrists in skills in the administrative and therapeutic
their examination of the human eye. [Sec. 3, phases of dietetics. The administrative
RA 8050]. phase includes experience in: the planning,
purchasing, preparing and serving of food to
patients and personnel within budget allow-

269
ances; supervising the handling and storage Diligence. Careful and persistent work or ef-
of food supplies and equipment; directing fort.
the maintenance of proper sanitary
Diligence of a good father of a family. The
measures within the department; and the
proper diligence required by law of every
training of personnel. The therapeutic phase
person obliged to give something to take
includes experience in the application of
care of the same, unless the law or the stip-
scientific knowledge to nutritional problems
ulation of the parties requires another
presented by various diseases. [Sec. 1, RA
standard of care. [Art. 1163, CC].
2674].
Diligentissimi patris familias. Lat. Diligence
Dietetics. The combined science and art of
of a good father of a family. [Tamargo v. CA,
regulating the planning, preparing and serv-
GR 85044 June 3, 1992].
ing of meals to individuals or groups acc. to
the principles of nutrition and management Diminution. A reduction in the size, extent, or
with due consideration to economic, social importance of something.
and psychological factors. [Sec. 1, RA
2674]. Diminution of benefits. Labor. The reduction,
diminiution, discontinuance or elimination by
Digest. An index or compilation of abstracts of the employer of benefits and supplements
reported cases into one, set forth under being enjoyed by employees which is pro-
proper law topic headings or titles and usu. hibited by law.
in alphabetical arrangement.
Diminution of benefits. Labor. Requisites: (a)
Digital. Involving or relating to the use of com- The grant or benefit is founded on a policy
puter. or has ripened into a practice over a long
period of time; (b) the practice is consistent
Digital video disk (DVD). A high-density opti-
and deliberate; (c) the practice is not due to
cal disk for storing large amounts of data,
error in the construction or application of a
esp. high-resolution audio-visual material.
doubtful or difficult question of law; and (d)
Dilatory. Intended to cause delay. the diminution or discontinuance is done
unilaterally by the employer. [Supreme Steel
Dilatory tactic. 1. Motion or plea that is desig-
Corp. v. Nagkakaisang Manggagawa ng
nated to delay the court proceedings, e.g., a
Supreme Independent Union (NMS-IND-
2nd motion for reconsideration in the Sup.
APL), GR 185556, Mar. 28, 2011].
Court, or a motion for postponement of a
hearing for flimsy reasons. 2. Methods by Diocese. The circuit or extent of a bishop's
which the rules of procedure are used by a jurisdiction; the district in which a bishop has
party to a lawsuit in an abusive manner to authority." [Roman Catholic Apostolic Ad-
delay the progress of the proceedings. For ministrator of Davao, Inc. v. Land Registra-
example, when numerous motions brought tion Commission, GR L-8451. Dec. 20,
before a court for postponement are base- 1957].
less, time is wasted bec. the court must stop
Diphenylamine test. A chemical test whereby
the course of ongoing proceedings to exam-
a paraffin cast of the hand(s) is examined
ine whether there is any merit to the mo-
for the presence of nitrates to prove whether
tions. The party in whose interests the mo-
the person concerned has recently fired a
tion is brought uses this tactic to gain time to
firearm. [People v. Madriaga IV, GR 73057.
enhance his or her position, or to postpone
Mar. 8, 1989]. See also Paraffin test.
an action by a court as long as possible to
minimize the impact of a decree rendered Diplomacy. A form of intl. dispute settlement
against him or her. A party found to engage that attempts to reconcile parties to a disa-
in dilatory tactics may be held in contempt of greement by use of negotiation, mediation,
court. or inquiry.

270
Diplomat. Intl. Law. An official representative ercised by the diplomatic agent in the re-
of a state, present in another state for the ceiving State outside his official functions.
purposes of general representation of the [Gregorio, Fund. of Crim. Law Rev., 1997 9th
state-of-origin or for the purpose of specific Ed., p. 3].
intl. negotiations on behalf of the diplomat's
Diplomatic negotiations. The process by
state-of-origin.
which States settle their differences through
Diplomatic. Of or concerning the profession, an exchange of views bet. diplomatic agen-
activity, or skill of managing intl. relations. cies. Discussions may be oral or written,
brief or prolonged. [Suarez, Pol. Law Re-
Diplomatic agents. Intl. Law. Govt. repre-
viewer, 1st Ed., 2002, pp. 1076-1077].
sentatives who are sent by one country to
live and work in another, to serve as inter- Dipsomania. Legal Med. An irresistible im-
mediaries bet. the 2 countries. pulse to indulge in intoxication either with al-
cohol or drugs. [Olarte, Legal Med., 1st Ed.
Diplomatic asylum. Intl. Law. The refuge
(2004), p. 151].
extended to a fugitive in the residence of a
diplomat in the host state in which the resi- Dipterocarp. Tree of the family Dipterocar-
dence is located on the fiction that it is an pacea.
extension of that diplomat‘s own territorial
Dipterocarp forest. A forest dominated by
state.
trees of the dipterocarp species, such as red
Diplomatic corps. Intl. Law. It consists of the lauan, tangile, tiaong, white lauan, almon,
different diplomatic representatives who bagtikan and mayapis of the Phil. mahogany
have been accredited to the local or receiv- group, apitong and the yakals. [Sec. 3, PD
ing state. It is headed by a doyen du corps 705].
or dean, who is usu. the member of the
Direct. The term would relate to an act stem-
highest rank and the longest service in the
ming immediately from a source, cause or
state. In Catholic countries, the dean is the
reason. [Guerrero v. Villamor, GR 82238-42.
Papal Nuncio. [Cruz, Intl. Law Reviewer,
Nov. 13, 1989].
1996 Ed., p. 83].
Direct access. Any one of a number of
Diplomatic correspondence. Intl. Law. Offi-
measures permitting direct dealings bet. au-
cial correspondence bet. the agents author-
thorized entities and intl. satellite system
ized by a state to conduct its foreign rela-
providers at specified levels as defined by
tions either at home or abroad, or bet. them
the NTC. [Sec.3, EO 467, s. 1998].
and similarly authorized representatives of
foreign govts. Direct action. The right of a 3rd party who has
a claim in responsibility against an insured
Diplomatic immunity. Intl. Law. 1. A form of
to proceed directly by suit against the insur-
legal immunity and a policy held bet. govts.,
er, usu. bec. the insured has been declared
which ensures that diplomats are given safe
bankrupt or has become insolvent. In most
passage and are considered not susceptible
jurisdictions, direct action is permitted only
to lawsuit or prosecution under the host
by statute.
country's laws (although they can
be expelled). [Vienna Convention on Diplo- Direct assault. Crim. Law. The employment of
matic Relations (1961)]. 2. The immunity enforce or intimidation by any person or per-
joyed by a diplomatic agent from the crimi- sons, without a public uprising, for the at-
nal jurisdiction of the receiving State. Also, tainment of any of the purpose enumerated
the immunity of such agent from the civil in defining the crimes of rebellion and sedi-
and administrative jurisdiction of said State, tion, or the attack, employment of force, or
except in the case of an action relating to serious intimidation or resistance of any
any professional or commercial activity ex- person in authority or any of his agents,

271
while engaged in the performance of official miento v. CA, GR 152627, Sep. 16, 2005].
duties, or on occasion of such performance. Compare with Indirect or collateral attack
[Art. 148, RPC]. Compare with Indirect as- on a title.
sault.
Direct bribery. Crim. Law. The felony commit-
Direct assault. Crim. Law. How commited: An ted by any public officer who shall agree to
offense against public order that may be perform an act constituting a crime, in con-
committed: 1. by any person or persons nection with the performance of this official
who, without a public uprising, shall employ duties, in consideration of any offer, prom-
force or intimidation for the attainment of ise, gift or present received by such officer,
any of the purposes enumerated in defining personally or through the mediation of an-
the crimes of rebellion and sedition; and 2. other, or by the officer who shall accept the
by any person or persons who, without a gift in consideration of the execution of an
public uprising, shall attack, employ force, or act which does not constitute a crime, and
seriously intimidate or resist any person in the officer executed said act or did not ac-
authority or any of his agents, while en- complish said act. [Art. 210, RPC].
gaged in the performance of official duties,
Direct contempt. 1. Misbehavior in or near the
or on occasion of such performance. [Rivera
presence of a judge or court which obstructs
v. People, GR 138553 June 30, 2005].
or interrupts court proceedings. Direct con-
Direct attack. A method used by an appellant tempt may be summarily punished by fine
to set aside or correct an award in a pro- and imprisonment. Compare with Indirect
ceeding instituted for that purpose. It is used contempt. 2. Contempt committed in the
to annul, reverse, vacate, correct or to de- presence of or so near the judge as to ob-
clare void a judgment or an award. A direct struct him in the administration of justice.
attack is generally made in appeal, writ, re- [Narcida v. Bowen, GR 6694. Mar. 26,
view or injunction. 1912]. Compare with Constructive con-
tempt.
Direct attack against a judgment. One that is
made through an action or proceeding the Direct duplicate taxation. 2 taxes x x x im-
main object of which is to annul, set aside, posed on the same subject matter, for the
or enjoin the enforcement of such judgment, same purpose, by the same taxing authority,
if not yet carried into effect; or, if the proper- within the same jurisdiction, during the same
ty has been disposed of, the aggrieved party taxing period; and the taxes must be of the
may sue for recovery. [El Banco Español- same kind or character. [CIR v. Bank of
Filipino v. Palanca, GR L-11390. Mar. 26, Commerce, GR 149636, 8 June 2005]. See
1918]. Compare with Collateral attack. also Double taxation.
Direct attack of corporate existence. One Direct evidence. 1. Evidence which proves
whereby the State, in a proceeding brought the fact in dispute without the aid of any in-
for that purpose, attacks the existence of an ference or presumption. 2. Proof of facts by
assoc. claiming to be a corp. It can only be witnesses who saw acts done or heard
instituted by the govt. through the Sol. Gen. words spoken. Compare with Circumstan-
by quo warranto proceedings. [De Leon, tial evidence.
Corp. Code of the Phil. Annotated, 1989
Direct examination. Evid. 1. The examination-
Ed., p. 152]. Compare with Collateral at-
in-chief of a witness by the party presenting
tack of corporate existence.
him on the facts relevant to the issue. [Sec.
Direct attack on a title. An attack the objec- 5, Rule 132, RoC]. 2. The 1st questioning of
tive [of which] is to annul or set aside [the] witnesses by the party on whose behalf they
judgment [pursuant to which the title was are called. Compare with Cross-
decreed], or enjoin its enforcement. [Sar- examination.

272
Direct government guarantee. An agreement business it engages in. [Maceda v. Mac-
whereby the govt. or any of its agencies or araig, GR 88291. May 31, 1991].
LGUs assume responsibility for the repay-
Direct taxes. Those are demanded from the
ment of debt directly incurred by the project
very person who, it is intended or desired,
proponent in implementing the project in
should pay them. [CIR v. John Gotamco &
case of a loan default. [Sec. 2, RA 7718].
Sons, Inc., GR L-31092. Feb. 27, 1987].
Direct injury test. The test adopted by the Compare with Indirect taxes.
Sup. Court for determining whether a peti-
Direct to home (DTH) TV. A broadcasting
tioner in a public action had locus standi [or]
system wherein television programs are
a personal and substantial interest in the
transmitted directly to home or user receiv-
case [that the person who would assail the
ers via satellite, thus making the reception
validity of a statute must have] such that he
cover not only individual(s) in their homes
has sustained, or will sustain direct injury as
but other places as well. [Sec.3, EO 467, s.
a result. [People v. Vera, GR L-45685, Nov.
1998].
16, 1937].
Direct trust. A trust intentionally created by
Direct line. 1. That constituted by the series of
the direct and positive act of the settlor, by
degrees among ascendants and descend-
some writing, deed, or will, or oral declara-
ants. [Art. 964, CC]. 2. [It] is either descend-
tion. That created by the parties in a lan-
ing or ascending. The former unites the
guage directly and expressly pointing out
head of the family with those who descend
the persons, property and purpose of the
from him. The latter binds a person with
trust.
those from whom he descends. [Art. 965,
CC; Lee v. CA, GR 177861, July 13, 2010]. Directly competitive products. Domestically-
Compare with Collateral line. produced substitutable products. [Sec. 4,
RA 8800].
Direct marketing. Communication by whatev-
er means of any advertising or marketing Directly vested jurisdiction. The power or
material which is directed to particular indi- authority to govern and execute the laws,
viduals. [Sec. 3, RA 10173]. particularly the authority vested in the judg-
es to administer justice, that is, to try civil or
Direct NG loans or liabilities. Loans for obli-
criminal cases or both, and to render judg-
gations, either domestic or foreign, directly
ment thereon in accordance with the law.
contracted by the NG.
[People v. Mendoza, GR 39275. Dec. 20,
Direct solar energy. The energy content of 1933].
solar radiation harnessed by collecting sun-
Director. Any director of a corp. or any person
light in man-made devices such as flat-plate
performing similar functions with respect to
or focusing solar collectors. [Sec. 2, PD
any org. [Sec. 3, RA 2629].
1068]. See Indirect solar energy.
Director. Qualifications: A director of a corp. 1.
Direct Supervision. Range supervision where
must own at least 1 share of the capital
physical presence of the veterinarian within
stock; Ownership of stock shall stand in his
the barangay is necessary. [Sec. 3, RA
name in the books of the corp.
9482].
The fact that a person does not own a stock
Direct tax. 1. A tax which is demanded from at the time of his election or appointment as
the very person intended to be the payor, a director does not operate to disqualify him
although it may ultimately be shifted to an- as such if he becomes a shareholder before
other. An example of a direct tax is the per- assuming the duties of his office. [SEC
sonal income tax. 2. A tax for which a tax- Opinions, Nov. 9, 1987 & Apr. 5, 1990]; and
payer is directly liable on the transaction or 2. must be a natural person; What is materi-

273
al is the legal title and not the beneficial as a result of disease or injury, incl. birth
ownership of the stock as appearing in the trauma. [Sec. 2, RA 5680].
books of the corp.
Disabled persons. Those persons suffering
Directory. Serving to direct, as opposed to from restriction or different abilities, as a re-
―mandatory‖, sult of a mental, physical or sensory impair-
ment, to perform an activity in the manner or
Directory statutes. Laws which are permissi-
within the range considered normal for a
ble or discretionary in nature and merely
human being. [Sec. 4, RA 7277].
outline the act to be done in such a way that
no injury can result from ignoring it or that its Disallowance. The act of disallowing; refusal
purpose can be accomplished in a manner to admit or permit; rejection.
other than that prescribed and substantially
Disallowance of wills. Grounds: (a) If the
the same result obtained. [Suarez, Stat.
formalities required by law have not been
Con., (1993), p. 92]. Compare with Manda-
complied with; (b) if the testator was insane,
tory statutes.
or otherwise mentally incapable of making a
Dirty finger. [The middle finger which, when will, at the time of its execution; (c) if it was
pointed to a person,] ordinarily connotes the executed through force or under duress, or
phrase ―Fuck You,‖ which is similar to the the influence of fear, or threats; (d) if it was
expression ―Puta‖ or ―Putang Ina mo,‖ in lo- procured by undue and improper pressure
cal parlance. [Villanueva v. People, GR and influence, on the part of the beneficiary
160351, Apr. 10, 2006]. or of some other person; (e) if the signature
of the testator was procured by fraud; (f) if
Dirty hands doctrine. An equitable defense
the testator acted by mistake or did not in-
available to a defendant against the plaintiff.
tend that the instrument he signed should be
In this defense, the defendant can claim that
his will at the time of affixing his signature
the plaintiff should not be granted relief bec.
thereto. [Art. 839, CC].
the plaintiff has acted in bad faith regarding
the subject matter of the complaint. A per- Disaster. A serious disruption of the function-
son is abstained from receiving equitable ing of a community or a society involving
rbuildelief when he/she acts in bad faith or in widespread human, material, economic or
an unethical manner. The rule embodied in environmental losses and impacts, which
this doctrine is that the participant in a exceeds the ability of the affected communi-
wrongful act may not recover damages re- ty or society to cope using its own re-
sulting from it. Generally it is the defendant sources. Disasters are often described as a
who claims the defense; hence, the burden result of the combination of: the exposure to
of proof is on the defendant to show that the a hazard; the conditions of vulnerability that
plaintiff is not acting in good faith. See are present; and insufficient capacity or
Clean hands doctrine. measures to reduce or cope with the poten-
tial negative consequences, Disaster im-
Disability. 1. A physical or mental impairment
pacts may include loss of life, injury, disease
that substantially limits one or more psycho-
and other negative effects on human, physi-
logical, physiological or anatomical function
cal, mental and social well-being, together
of an individual or activities of such individu-
with damage to property, destruction of as-
al. 2. A record of such an impairment 3. Be-
sets, loss of services, Social and economic
ing regarded as having such an impairment.
disruption and environmental degradation.
[Sec. 4, RA 7277]. 4. Loss or impairment of
[Sec. 3, RA 10121; Sec. 3, RA 9729].
a physical or mental function resulting from
injury or sickness. [Art. 167, LC]. 5. Loss or Disaster mitigation. The lessening or limita-
reduction of a person's capacity to effective- tion of the adverse impacts of hazards and
ly cope with the demands of his environment related disasters. Mitigation measures en-

274
compass engineering techniques and haz- regulations that do not permit any settlement
ard-resistant construction as well as im- in high-risk zones, and seismic engineering
proved environmental policies and public designs that ensure the survival and func-
awareness. [Sec. 3, RA 10121]. tion of a critical building in any likely earth-
quake. [Sec. 3, RA 10121].
Disaster operations. Any effort by one or
more agencies, govt. and/or otherwise, to Disaster response. The provision of emer-
provide emergency assistance in relief to gency services and public assistance during
persons who are victims of a disaster or ca- or immediately after a disaster in order to
lamity. Specific aid and assistance that may save lives, reduce health impacts, ensure
be provided in disaster operations include, public safety and meet the basic subsist-
among others: issuance of medical supplies ence needs of the people affected. Disaster
and equipment and emergency medical response is predominantly focused on im-
treatment; food, water and shelter, rescue mediate and short-term needs and is some-
and firefighting services; police protection; times called "disaster relief. [Sec. 3, RA
route clearance and traffic control; preven- 10121].
tion of panic, communications and restora-
Disaster risk. The potential disaster losses in
tion of facilities. [Sec. 1, EO 948, Apr. 23,
lives, health status, livelihood, assets and
1984].
services, which could occur to a particular
Disaster preparedness. The knowledge and community or a Society over some specified
capacities developed by govts., professional future time period. [Sec. 3, RA 10121].
response and recovery orgs., communities
Disaster risk reduction. The concept and
and individuals to effectively anticipate, re-
practice of reducing disaster risks through
spond to, and recover from, the impacts of
systematic efforts to analyze and manage
likely, imminent or current hazard events or
the causal factors of disasters, incl. through
conditions. Preparedness action is carried
reduced exposure to hazards, lessened vul-
out within the context of disaster risk reduc-
nerability of people and property, wise man-
tion and management and aims to build the
agement of land and the environment, and
capacities needed to efficiently manage all
improved preparedness for adverse events.
types of emergencies and achieve orderly
[Sec. 3, RA 10121; Sec. 3, RA 9729].
transitions from response to sustained re-
covery. Preparedness is based on a sound Disaster risk reduction and management.
analysis of disaster risk and good linkages The systematic process of using administra-
with early warning systems, and includes tive directives, orgs., and operational skills
such activities as contingency planning, and capacities to implement strategies, poli-
stockpiling of equipment and supplies, the cies and improved coping capacities in order
development of arrangements for coordina- to lessen the adverse impacts of hazards
tion, evacuation and public information, and and the possibility of disaster. Prospective
associated training and field exercises. The- disaster risk reduction and management re-
se must be supported by formal institutional, fers to risk reduction and management activ-
legal and budgetary capacities. [Sec. 3, RA ities that address and seek to avoid the de-
10121]. velopment of new or increased disaster
risks, esp. if risk reduction policies are not
Disaster prevention. The outright avoidance
put in place. [Sec. 3, RA 10121].
of adverse impacts of hazards and related
disasters. It expresses the concept and in- Disaster risk reduction and management
tention to completely avoid potential adverse information system. A specialized data-
impacts through action taken in advance base which contains, among others, infor-
such as construction of dams or embank- mation on disasters and their human mate-
ments that eliminate flood risks, land-use rial, economic and environmental impact,

275
risk assessment and mapping and vulnera- Discern. 1. To understand the difference bet.
ble groups. [Sec. 3, RA 10121]. right and wrong. 2. To understand the differ-
ences bet. right and wrong and the conse-
Disaster volunteer worker (DVW). A duly
quences of the wrongful act.
accredited member of any of the task units
of a local disaster coordinating council. [Sec. Discernment. 1. As used in Art. 12 (3) of the
1, EO 948, Apr. 23, 1984]. Rev. Penal Code, the mental capacity of a
minor under 15 years of age but over 9, who
Disbar. To expel from the bar or the legal
commits an act prohibited by law, to under-
profession or deprives a lawyer of legal sta-
stand the difference bet. right and wrong.
tus or privilege. [CSC Res. 020520, Apr. 11,
[People v. Doquena, GR 46539 Sep. 27,
2002].
1939]. 2. The capacity of the child at the
Disbarment. Form of discipline of a lawyer time of the commission of the offense to un-
resulting in the loss (often permanently) of derstand the differences bet. right and
that lawyer's right to practice law. wrong and the consequences of the wrong-
ful act. [Rule on Juveniles in Conflict with
Disbarment or Suspension of a lawyer. The Law, AM 02-1-18-SC, Nov. 24, 2009].
Grounds: (a) Deceit; (b) malpractice; (c)
gross misconduct in office; (d) grossly im- Discharge. 1. The act of spilling, leaking,
moral conduct; (e) conviction of a crime in- pumping, pouring, emit-ting, emptying, re-
volving moral turpitude; (f) violation of the leasing or dumping of any material into a
lawyer‘s oath; (g) willful disobedience of any water body or onto land from which it might
lawful order of a superior court; and (h) will- flow or drain into said water. [Sec 4, RA
fully appearing as an attorney for a party 9275]. 2. Any spilling, leaking, pumping,
without authority to do so. [Sec. 27, Rule pouring, emitting, emptying or dumping but
138, RoC; Re: Admin. Case v. Atty. Occeña, does not include discharge of effluents from
433 AC 2841. July 3, 2002]. industrial or manufacturing establishments,
or mill of any kind. [Sec. 3, PD 979].
Disbursement. Synonymous with liquidation,
settlement or payment of an obligation. Discharge. Civ. Law. The court's formal dis-
charge of a debtor's debts. In probate, the
Disbursements. Settlement of govt. obliga- release of the estate's representative from
tions and/or accounts payable by cash; fiduciary responsibility.
movement of cash from the BTr or from an
authorized disbursing officer to the final re- Discharge. Labor. It takes place when the
cipient. employer has resolute intention to dispense
with the services of the employee. [Poquiz,
Disbursement Acceleration Program (DAP).
Labor Rel. Law, 1999 Ed. p. 22].
1. A govt. policy or strategy designed to
stimulate the economy through accelerated Discharge of an accused as a state witness.
spending. 2. A stimulus package intended to Conditions: (a) There is absolute necessity
fast-track public spending and to push eco- for the testimony of the accused whose dis-
nomic growth by investing on high-impact charge is requested; (b) There is no other
budgetary PAPs to be funded from the ―sav- direct evidence available for the proper
ings‖ generated during the year as well as prosecution of the offense committed, ex-
from unprogrammed funds. cept the testimony of said accused; (c) The
testimony of said accused can be substan-
Disbursement authority. Document issued to tially corroborated in its material points; (d)
an agency authorizing them to liquidate ob-
Said accused does not appear to be the
ligations incurred. These documents include most guilty; and (e) Said accused has not at
the CDC, NCA, NCAA and TRA. any time been convicted of any offense in-
volving moral turpitude. [Rule 119, Section

276
17, RoC; People v. Estacio, Jr., GR 171655 Discontinuous easements. Those ease-
July 22, 2009]. ments which are used at intervals and de-
pend upon the acts of man. [Art. 615, CC].
Discharge of debtor. In the law of Insolvency,
[the term] refers to the release of the debtor Discount. The sale of a receivable at less than
from his debts which were or might be its face value. [Great Asian Sales Center v.
proved in the insolvency proceedings such CA, GR 105774, Apr. 25, 2002].
that they are no longer a charge upon him.
Discounted. 1. Selling at less than the usual
[Sec. 64, Act 1956, Insolvency Law].
price. 2. Selling goods at a discount.
Discharge of firearms. Crim. Law. The felony
Discounting easement. An easement or ser-
committed by any person who shall shoot at
vitude which is used at intervals only and
another with any firearm, unless the facts of
depends upon the acts of man. [Art. 615,
the case are such that the act can be held to
CC].
constitute frustrated or at-tempted parricide,
murder, homicide or any other crime for Discounting line. A credit facility with a fi-
which a higher penalty is prescribed by any nancing company or bank which allows a
of the Arts. of the Rev. Penal Code. [Art. business entity to sell, on a continuing basis,
254, RPC]. its accounts receivable at a discount. [Great
Asian Sales Center v. CA, GR 105774, Apr.
Discharge of negotiable instrument. The
25, 2002].
release of all parties, whether primary or
secondary, from the obligations arising the Discourteous. Showing rudeness and a lack
instrument. It renders the instrument without of consideration for other people.
force and effect, and consequently, it can no
Discourtesy. Incivility; ill manners; rudeness
longer be negotiated.
of behavior or language; an impolite act.
Discharge of negotiable instrument. A nego- [Espina, Didith R., CSC Res. 98-2991, Nov.
tiable instrument is discharged: (a) by pay- 16, 1998].
ment in due course by or on behalf of the
principal debtor; (b) by payment in due Discovered peril doctrine. A legal principle
course by the party accommodated, where under tort law which states that a plaintiff
the instrument is made or accepted for his who was contributorily negligent may recov-
accommodation; (c) by the intentional can- er from a defendant if the defendant had the
last opportunity to prevent the harm but
cellation thereof by the holder; (d) by any
other act which will discharge a simple con- failed to use reasonable care to do so. The
tract for the payment of money; (e) when the doctrine aids a plaintiff to rebut the contribu-
tory negligence defense in those few juris-
principal debtor becomes the holder of the
instrument at or after maturity in his own dictions where contributory negligence bars
right. [Sec. 19, NIL]. recovery. It is also known as Last clear
chance doctrine, Subsequent negligence
Disclaim. To refuse a gift made in a will. doctrine or Supervening negligence doc-
trine. See Last clear chance doctrine.
Disclaimer. A person‘s denial or responsibility
or repudiation of a claim or assertion over a Discovering secrets through seizure of
right or thing so as to defend against any correspondence. Crim. Law. The felony
potential liability. committed by any private individual who in
order to discover the secrets of another,
Discontinuous. Having intervals or gaps.
shall seize his papers or letters, whether or
not he reveals the contents there-of. This
shall not be applicable to parents, guardi-
ans, or persons en-trusted with the custody
of minors with respect to the papers or let-

277
ters of the children or minors placed under Discretionary execution of appealed judg-
their care or study, nor to spouses with re- ments. Rem. Law. [This] may be allowed
spect to the papers or letters of either of upon concurrence of the following requi-
them. [Art. 290, RPC]. sites: (a) there must be a motion by the pre-
vailing party with notice to the adverse party;
Discovery. The disclosure of facts resting in
(b) there must be a good reason for execu-
the knowledge of the defendant, or as the
tion pending appeal; and (c) the good rea-
production of deeds, writings, or things in his
son must be stated in a special order.
possession or power, in order to maintain
[Manacop v. Equitable Banking Corp. GR
the right or title of the party asking it, in a
162814-17, Aug. 25, 2005].
suit or proceeding. [Insular Life v. CA, GR
97654. Nov. 14, 1994]. Discretionary execution or Execution of
judgment pending appeal. Rem. Law. The
Discovery modes. Rem. Law. The name
execution of a judgment or final order before
given pretrial devices for obtaining facts and
it attains finality. The court which rendered
information about the case.
the decision can grant an execution pending
Discovery rule. [The rule that] when the gra- appeal if it still retains jurisdiction over the
vamen of the cause of action is fraud, the case and is in possession of the records at
statute of limitations does not begin to run the time of the filing of the motion; other-
against the injured person until discovery of wise, the motion shall be acted upon by the
the facts constituting the fraud or until by appellate court. [Bench Book for Trial Court
reasonable diligence such facts may have Judges, p. 2-56]. Compare with Ministerial
been discovered. [Presidential Ad Hoc Fact- execution.
Finding Committee v. Ombudsman, GR
Discretionary funds. Funds which are not
135350, Mar. 3, 2006].
earmarked and are available for use as
Discreta. See Accession discreta. needed.
Discretio est scire per legem quid sit Discrimination. The unjust or prejudicial
justum. Lat. Discretion consists in knowing treatment of different categories of people or
through the law what is just. things, esp. on the grounds of race, age, or
sex.
Discretion. 1. When applied to public func-
tionaries, it is a power or right conferred up- Discrimination against women. Any gender-
on them by law of acting officially, under cer- based distinction, exclusion, or restriction
tain circumstances, uncontrolled by the which has the effect or purpose of impairing
judgment or conscience of others. [Rep. v. or nullifying the recognition, enjoyment, or
Capulong, GR 93359, July 12, 1991, quoting exercise by women, irrespective of their
Meralco Securities Corp. v. Savellano, GR marital status. on a basis of equality of men
L-36748, Oct. 23, 1982]. 2. The act or the and women, of human rights and fundamen-
liberty to decide, acc. to the principles of jus- tal freedoms in the political, economic, so-
tice and one's ideas of what is right and cial, cultural, civil, or any other field. It in-
proper under the circumstances, without cludes any act or omission, incl. by law; pol-
willfulness or favor. [Lamb v. Phipps, GR icy, administrative measure, or practice, that
7806. July 12, 1912]. directly or indirectly excludes or restricts
women in the recognition and promotion of
Discretionary. Left to or regulated by one's their rights and their access to and enjoy-
own discretion or judgment.
ment of opportunities, benefits, or privileges.
Discretionary execution. Rem. Law. It is also A measure or practice of general application
called execution pending appeal which is is discrimination against women if it fails to
the execution of a judgment or final order provide for mechanisms to offset or address
before it attains finality. [Sec. 2, Rule 39]. sex or gender-based disadvantages or limi-

278
tations of women, as a result of which wom- morality and decorum abhorred and con-
en are denied or restricted in the recognition demned by the society‖ and ―conduct which
and protection of their rights and in their ac- is willful, flagrant or shameless, and which
cess to and enjoyment of opportunities, shows a moral indifference to the opinions
benefits, or privileges; or women, more than of the good and respectable members of the
men, are shown to have suffered the greater community. [Sec. 1, CSC Res. 100912, May
adverse effects of those measures or prac- 17, 2010]. See also Immoral conduct.
tices. Provided, finally, That discrimination
Disguise. The use by a person committing a
compounded by or intersecting with other
crime [under Art. 14, par. 14 of the Rev. Pe-
grounds, status, or condition, such as eth-
nal Code] of a mask to cover his face for the
nicity, age, poverty, or religion shall be con-
purpose of concealing his identity.
sidered discrimination against women under
RA 9710. [Sec. 4, RA 9710]. Dishonest. Behaving or prone to behave in an
untrustworthy or fraudulent way.
Discrimination on the basis of disability.
Any distinction, exclusion or restriction on Dishonesty. 1. The concealment or distortion
the basis of disability which has the effect of of truth in a matter of fact relevant to one's
impairing or nullifying the recognition, en- office or connected with the performance of
joyment, or exercise, on an equal basis with his duties. [Sec. 8, PD 971]. 2. Any act
others, of all human rights and fundamental which shows lack of integrity or a disposition
freedoms, incl. denial of reasonable ac- to defraud, cheat, deceive or betray. It con-
commodation. [Sec. 2, RA 10366]. sists of an intent to violate the truth. [Baga-
cay, Julio C., CSC Res. 97-1123, Feb. 4,
Disease. A pathological condition of a part,
1997]. 3. The disposition to lie, cheat, de-
organ, or system of an organism resulting
ceive, or defraud; untrustworthiness; lack of
from various causes, such as infection, ge-
integrity; lack of honesty, probity or integrity
netic defect, or environmental stress, and
in principle; lack of fairness & straightfor-
characterized by an identifiable group of
wardness; disposition to defraud, deceive or
signs or symptoms.
betray. [Re: Admin. Case for Dishonesty v.
Disease infested. Severely impaired trees Ting & Esmerio, AM. 2001-7-SC & 2001-8-
due to bacteria, fungus, or virus, viriod and SC, 22 July 2005].
the chances of its survival and being eco-
Dishonor. The refusal of the bank against
nomically productive is nil. [Sec. 3, PCA AO
[which] the check is drawn to pay it due to
1-95].
any of these grounds: insufficient funds, ac-
Disease or Defect. A pathological change or count closed, payment stopped, or no ac-
other abnormality. [Sec. 4, RA 9296]. count with bank.
Disfigure. To mar or spoil the appearance or Dishonor by non-acceptance. Nego. Inst.
shape of; Instances: 1. When a bill is duly presented
for acceptance and such an acceptance is
Disfigurement. An appearance that has been
refused or cannot be obtained; or 2. When
spoiled or is misshapen. See Deformity.
presentment for acceptance is excused, and
Disgrace. Loss of reputation or respect, esp. the bill is not accepted. [Sec. 149, NIL].
as the result of a dishonorable action.
Dishonorable. Bringing shame or disgrace on
Disgraceful. Shockingly unacceptable. someone or something.
Shameful; ignominious; scandalous; infa-
Dishonorable conduct. The state or quality of
mous.
being immoral; vice, wickedness; also an
Disgraceful and immoral conduct. An act immoral act or practice. The term denotes a
which violates the basic norm of decency,

279
norm of conduct which is contrary to human officers or employees who have failed to re-
decency, goodness and uprightness. sist a rebel-lion by all the means in their
power, or shall continue to discharge the du-
Disinherit. To change one's will or take other
ties of their offices under the control of the
steps to prevent another from inheriting
rebels or shall accept appointment to office
one's property.
under them. [Art. 137, RPC, as reinstated by
Disinheritance. Succ. 1. Depriving a compul- EO 187].
sory heir of his legitime, for causes express-
Disloyalty to the Government. It consists of
ly stated by law. [Art. 915, CC]. 2. A testa-
abandonment or renunciation of one's loyal-
mentary disposition depriving any compulso-
ty to the Govt. of the Phils., or advocating
ry heir of his share in the legitime for a
the overthrow of the Govt. [Sec. 8, PD 971].
cause authorized by law. [Maninang v. CA,
GR L-57848. June 19, 1982]. Dismantle. Strip; disassemble; take apart;
dismount.
Disinterested. Free from bias, prejudice or
partiality. [Hernandez v. Hernandez, GR Dismantling. The tearing apart, piece by piece
158576. Mar, 9, 2011]. or part by part, of a motor vehicle. [Sec. 2,
RA 6539].
Disinterested person. The punong barangay
having jurisdiction over the place where an Dismiss. To throw a case out of court. [Torres,
applicant for legal aid or client of the NCLA Oblig. & Cont., 2000 Ed., p. 349].
or chapter legal aid office resides. [Sec. 1,
Dismissal. Labor. A discharge of an employ-
Art. 2, AM 08-11-7-SC (IRR), Sep. 10,
ee, a termination of an employee at the in-
2009].
stance of the employer. [Poquiz, Labor Rel.
Disinter. Dig up something that has been Law, 1999 Ed. p. 22].
buried, esp. a corpse.
Dismissal. Rem. Law. 1. The termination of
Disinterment. The removal or exhumation of the proceeding, either bec. the court is not a
remains from places of interment. [Sec. 89, court of competent jurisdiction, or the evi-
PD 856]. dence does not show that the offense was
committed within the territorial jurisdiction of
Disk. Any of several types of media for storing
the court, or the complaint or information is
electronic data consisting of thin round
not valid or sufficient in form and substance,
plates of plastic or metal.
etc. [Malanyaon v. Lising, GR L-56028. July
Diskettes. Integral parts of a computer sys- 30, 1981]. 2. The termination of a lawsuit.
tem, constituting one of the "input-output See With prejudice and Without preju-
devices" or "peripherals," in the same man- dice. Compare with Acquittal.
ner that the keyboard is an "input-output de-
Dismissal due to fault of plaintiff. Rem. Law.
vice" and the monitor, keyboard and printer
The dismissal of the complaint, upon motion
are "peripherals" in relation to the memory
of the defendant or upon the court‘s own
or central processing unit (CPU) of the com-
motion, without prejudice to the right of the
puter system. [People v. Burgos, GR 92739.
defendant to prosecute his counterclaim in
Aug. 2, 1991].
the same or in a separate action, if, for no
Disloyal. Not true to a sovereign or lawful justifiable cause, the plaintiff fails to appear
superior, or to the govt. under which one on the date of the presentation of his evi-
lives; false where allegiance is due; faith- dence in chief on the complaint, or to prose-
less. cute his action for an unreasonable length of
time, or to comply with the Rules or any or-
Disloyalty of public officers or employees. der of the court, This dismissal shall have
Crim. Law. The felony committed by public the effect of an adjudication upon the merits,

280
unless otherwise declared by the court. exercise of their functions; or by any person
[Sec. 3, Rule 17, RoC]. who shall restrain another from attending as
a witness, or who shall induce disobedience
Dismissal due to fault of plaintiff. Rem. Law.
to a summon or refusal to be sworn by any
Instances when a complaint may be dis-
such body or official. [Art. 150, RPC].
missed due to the plaintiff's fault: (a) if he
fails to appear on the date for the presenta- Disobey. Fail to obey rules, a command, or
tion of his evidence in chief on the com- someone in authority.
plaint; (b) if he fails to prosecute his action
Disobeying request for disqualification.
for an unreasonable length of time; or (c) if
he fails to comply with the Rules or any or-
public officer who, before the question of ju-
der of the court. The dismissal of a case for
risdiction is decided, shall continue any pro-
failure to prosecute has the effect of adjudi-
ceeding after having been lawfully required
cation on the merits, and is necessarily un-
to refrain from so doing. [Art. 242, RPC].
derstood to be with prejudice to the filing of
another action, unless otherwise provided in Disorder. A disturbance of the peace.
the order of dismissal. [Gomez v. Alcantara,
GR 179556, Feb. 13, 2009]. Disorders of volition. See Conation.
Dispense. Any act of giving away, selling or
Disobedience. Failure or refusal to obey rules
or someone in authority. distributing medicine or any dangerous drug
with or without the use of prescription. [Sec
Disobedience to order of superior officers, 3, RA 9165].
when said order was suspended by infe-
rior officer. Crim. Law. The felony commit- Dispense with. Spare: give up what is not
strictly needed.
ted by any public officer who, having for any
reason suspended the execution of the or- Disposal. 1. The act of parting with, alienation
ders of his superiors, shall disobey such su- of, or giving up of supplies or property. [IRR
periors after the latter have disapproved the on Supply & Prop. Mgt., per Sec. 383, LGC].
suspension. [Art. 232, RPC]. 2. The act of selling, burning or any other
Disobedience to summons is-sued by the way of discarding valueless records in ac-
National Assembly, its committees or cordance with the provisions of RA 9470.
subcommittees, by the Constitutional [Sec. 4, RA 9470].
Commissions, its committees, subcom- Dispose of. To alienate or direct the owner-
mittees or divisions. Crim. Law. The felony ship of property, aas disposition by will.
committed by any person who, having been
duly summoned to attend as a witness be- Disposed of. [The phrase] meant nothing
fore the Natl. Assembly, [Congress], its spe- more or less than a contract whereby the
cial or standing committees and subcommit- vendor was bound to furnish an article, bec.
tees, the Constitutional Commissions and its in said Act 2445, it provided that "whenever
committees, subcommittees, or divisions, or any person has prior to the enactment of
before any commission or committee chair- this law (2432) entered into a contract
man or member authorized to summon wit- whereby he has bound himself to furnish to
nesses, refuses, with-out legal excuse, to another an article subject to the tax or in-
obey such summons, or being present be- creased rate of tax x x x," the purchaser,
fore any such legislative or constitutional and not the vendor, was subject to pay such
body or official, refuses to be sworn or tax in the absence of stipulations to the con-
placed under affirmation or to answer any trary. [The Asiatic Petroleum Co. (Ltd.) v.
legal inquiry or to produce any books, pa- The Insular Coll. of Int. Rev., GR L-12687,
pers, documents, or records in his posses- Aug. 27, 1918].
sion, when required by them to do so in the

281
Disposicion captatoria. Succ. Any disposition parties seek in their pleadings. It may de-
made upon the condition that the heir shall clare their rights and duties, command the
make some provision in his will in favor of performance of positive prestations, or order
the testator or of any other person. Such them to abstain from specific acts. The dis-
disposition shall be void. [Art. 875, CC]. position must also adjudicate costs. [Velarde
v. Social Justice Society, GR 159357, Apr.
Disposition conference. A meeting held by
28, 2004].
the court with the social worker who pre-
pared the case study report, together with Disposition post mortem. See Donation
the child in conflict with the law and the par- mortis causa.
ents or guardian ad litem, and the child's
Dispositive. Relating to or having an effect on
counsel for the purpose of determining the
disposition or settlement, esp. of a legal
disposition measures appropriate to the per-
case or will.
sonal and special circumstances of the
child. [Rule on Juveniles in Conflict with The Dispositive portion. That part of a court deci-
Law, AM 02-1-18-SC, Nov. 24, 2009]. sion which contains the judgment or resolu-
tion of the issues subject of the complaint or
Disposition. The systematic sorting out of
petition. It usu. appears as the last par. in a
records in the office storage whereby those
decision. See also Disposition.
classified as valuable records are perma-
nently preserved and those which are classi- Disputable. Not established as a fact, and is
fied as valueless are disposed of. [Sec. 4, open to question or debate.
RA 9470].
Disputable presumption. Evid. A species of
Disposition or Dispositive Portion. In a crim- evidence that may be accepted and acted
inal case, the disposition should include a on where there is no other evidence to up-
finding of innocence or guilt, the specific hold the contention for which it stands, or
crime committed, the penalty imposed, the one which may be overcome by other evi-
participation of the accused, the modifying dence. [People v. De Guzman, GR 106025.
circumstances if any, and the civil liability Feb. 9, 1994]. Presumption juris tantum.
and costs. In case an acquittal is decreed, See Prima facie presumption; Rebuttable
the court must order the immediate release presumption. Compare with Conclusive
of the accused, if detained, [unless they are presumption.
being held for another cause] and order the
director of the Bu. of Corrections [or wher- Dispute. A disagreement on a point of law or
ever the accused is detained] to report, with- fact, a conflict of legal views or interests bet.
2 persons. A disagreement or conflict has
in a maximum of 10 days from notice, the
exact date when the accused were set free. the character of an intl. dispute if it arises
In a civil case as well as in a special civil ac- bet. 2 or more states. [Sandoval, Pol. Law
tion, the disposition should state whether the Reviewer 2003].
complaint or petition is granted or denied, Disputed decision. The phrase is the equiva-
the specific relief granted, and the costs. lent of "ruling, order or decision appealed
The following test of completeness may be from.‖ [Navoa-Ramos v. CA, GR 119872.
applied. 1st, the parties should know their July 7, 1997].
rights and obligations. 2nd, they should
know how to execute the decision under al- Disqualification for public office. Crim. Law.
ternative contingencies. 3rd, there should be Effects: (a) Deprivation of the public offices
no need for further proceedings to dispose and employment which the offender may
of the issues. 4th, the case should be termi- have held, even if conferred by popular elec-
nated by according the proper relief. The tion; (b) The deprivation of the right to vote
"proper relief" usu. depends upon what the in any election for popular elective office or
to be elected to such office; (c) The disquali-

282
fication for the offices or public employment Disregard of the respect due the offended
and for the exercise of any of the rights party by reason of his rank, age or sex.
mentioned; In case of temporary disqualifi- An aggravating circumstance under Art. 14
cation, such disqualification as is comprised (3) of the Rev. Penal Code which may be
in par. (b) and (c) of this Art. shall last during taken into account only in crimes against
the term of the sentence; (d) The loss of all persons or honor, when in the commission
rights to retirement pay or other pension for of the crime there is some insult or disre-
any office formerly held. [Art. 30, RPC]. All spect shown to rank, age or sex. It is not
of these effects last during the lifetime of the proper to consider this aggravating circum-
convict and even after the service of the stance in crimes against property. [People v.
sentence except as regards pars. (b) and (c) Collado, GR 88631. Apr. 30, 1991].
of the above in connection with temporary
Disregarding the distinct personality of the
absolute disqualification. [Lacuna v. Abes,
corporation doctrine. The doctrine stating
GR L-28613 Aug. 27, 1968].
that when "the notion of legal entity is used
Disqualification of judges. 1. [The mandatory to defeat public convenience, justify wrong,
inhibition of a] judge or judicial officers [from protect fraud, or defend crime, x x x the law
sitting] in any case in which he, or his wife or will regard the corp. as an assoc. of per-
child, is pecuniarily interested as heir, lega- sons, or in the case of 2 corps., merge them
tee, creditor or otherwise, or in which he is into one, the one being merely regarded as
related to either party within the 6th degree part or instrumentality of the other. [Yutivo
of consanguinity or affinity, or to counsel Sons Hardware Co. v. CTA, GR L-13203
within the 4th degree, computed acc. to the Jan. 28, 1961]. The same is true where a
rules of the civil law, or in which he has corp. is a dummy and serves no business
been executor, administrator, guardian, trus- purpose and is intended only as a blind, or
tee or counsel, or in which he has presided an alter ego or business conduit for the sole
in any inferior court when his ruling or deci- benefit of the stockholders. [Mc Connel v.
sion is the subject of review, without the CA, GR L-10510 Mar. 17, 1961].
written consent of all parties in interest,
Disregarding the fiction of a separate jurid-
signed by them and entered upon the rec-
ical personality of a corp. Also called as
ord. 2. [The voluntary inhibition of a] judge
Piercing the veil of corporate entity.
[who], in the exercise of his sound discre-
tion, disqualify himself from sitting in a case, Disregarding the fiction of corporate entity.
for just or valid reasons other than those See Piercing the veil of corporate entity
mentioned above. [Sec. 1, Rule 137, RoC; or fiction doctrine.
Barnes v. Reyes, GR 179583, Sep. 3,
2009]. See also Inhibition. Dissent. To disagree. The word is used in
legal circles to refer to the minority opinion
Disqualified. Declared as unqualified or ineli- of a justice which runs contrary to the con-
gible. clusions of the majority.
Disqualify. To pronounce someone ineligible Dissenting opinion. 1. The minority opinion of
for an office or activity bec. of an offense or a justice or justices which runs contrary to
infringement. the conclusions of the majority. 2. There is
nothing to enforce in a dissenting opinion
Disquisition. A formal discourse on a subject,
since it affirms or overrules no claim, right,
often in writing.
or obligation, and neither disposes of, not
Disrate. A term of maritime law where an of- awards, anything; it merely expresses the
ficer or other seaman is either demoted in views of the dissenter. [Tolentino v. Ongsia-
rank or deprived of a promotion. ko, GR L-17938. Apr. 30, 1963]. Compare
with Concurring opinion.
Disregard. To pay no attention to; ignore.

283
Dissenting opinion (of a Member of the Distillers of spirits. All who distill spirituous
Supreme Court). An opinion submitted to liquors by orig. and continuous distillation
the Chief Justice or Division Chairperson by from mash, wort, wash, sap, or syrup
a Member of the Sup. Court who disagrees through continuous closed vessels and
with the majority opinion, its conclusions, pipes until the manufacture thereof is com-
and the disposition of the case, setting forth plete. [Sec. 1, PD 426].
the reason for such dissent. [The Internal
Distinctive signals. Any of the distinctive
Rules of the Sup. Court, AM 10-4-20-SC,
signals specified in Chap. III of Annex I to
May 4, 2010]. Compare with Separate opin-
the Protocol Additional to the 1949 Geneva
ion and Concurring Opinion.
Conventions, and relating to the Protection
Dissolution. 1. The termination, process of of Victims of Intl. Armed Conflicts [Protocol
dissolving or winding up something. 2. Corp. I], being the signals of identification for med-
Law. The extinguishment of the franchise of ical units and transport, namely: the blue
a corp. and the termination of its corporate light signal, the radio signal and electronic
existence. means of identification. [Sec. 3, RA 10530].
Dissolution. Corp. Law. Modes: 1. Voluntary Distingue tempora et concordabis jura. Lat.
dissolution; and 2. Involuntary dissolution. Distinguish times and you will harmonize
laws. [Comm. of Customs v. Superior Gas
Dissolution of a corporation by shortening
and Equipment Co., GR L-14115 May 25,
corporate term. A voluntary dissolution of a
1960].
corp. effected by amending its AOI to short-
en its corporate term pursuant to the provi- Distraer. Sp. To convert. The term connotes
sions of the Corp. Code. [Sec. 120, Corp. the act of using or disposing of another's
Code]. property as if it were one's own. [Sy v. Peo-
ple, GR 85785. Apr. 24, 1989].
Dissolution of a corporation. 1. The act of
ending, terminating or winding-up a corp. or Distrain. To seize the property of an individual
its state of affairs. 2. The termination; pro- and retain it until an obligation is performed.
cess of dissolving or winding up something.
Distraint. The right of a landlord to seize the
Dissolution of a marriage. The act of ending property of a tenant which is in the premises
the legal relationship bet. those persons being rented, as collateral against a tenant
formally joined by marriage. that has not paid the rent or has otherwise
defaulted on the lease, such as wanton dis-
Dissolution of a partnership. The change in
repair or destruction of the premises. A legal
the relation of the parties caused by any
action to reclaim goods that have been dis-
partner ceasing to be associated in the car-
trained is called Replevin.
rying on, as might be distinguished from the
winding up of, the business. [Art. 1828, CC]. Disfraz. Sp. Disguise. Legally, it contemplates
a superficial but somewhat effective dis-
Dissolve. To annul; abrogate.
sembling to avoid identification. [People v.
Distill. To purify a liquid by vaporizing it, then Reyes, GR 118649. Mar. 9, 1998].
condensing it by cooling the vapor, and col-
Distress signal. An internationally recognized
lecting the resulting liquid.
signal sent out by a ship or plane indicating
Distillation. The process of first raising the that help is needed.
temperature in separate the more volatile
Distressed employers. Labor. 1. Employers
from the less volatile parts and then cooling
who may qualify for exemption in granting
and condensing the resulting vapor so as to
any newly-enacted labor benefit to their em-
produce a nearly purified substance. [Sec.
ployees as a result of substantial losses that
3, PD 1185; Sec. 3, RA 9514].
it is incurring in their operations. 2. Those

284
which are currently incurring substantial 9136]. 2. The conveyance of electricity by a
losses or in the case of non-profit institutions Distribution Utility through its distribution
and orgs., where their income, whether from system pursuant to the provision of RA
donations, contributions, grants and other 9136. [Sec. 4, RA 9513].
earnings from any source, has consistently
Distribution retail supply rate. The total price
declined by more than 40% of their normal
paid by end-users consisting of the charges
income for the last 2 years, subject to the
for gene-ration, transmission and related
provision of Sec. 7 of the Rules And Regula-
ancillary services, distribution, supply and
tions Implementing PD 851.
other related charges for electric service.
Distributable income. Net income as adjust- [Sec. 4, RA 9136].
ed for unrealized gains and losses or ex-
Distribution retail wheeling charge. The cost
penses and impairment losses and other
or charge regulated by the Energy Regulato-
items in accordance with internationally ac-
ry Commission (ERC) for the use of a distri-
cepted accounting standards. Distributable
bution system and/or the availment of relat-
income excludes proceeds from the sale of
ed services. [Sec. 4, RA 9136].
the Real Estate Investment Trust's (REIT‘s)
assets that are re-invested in the REIT with- Distribution system. The system of wires and
in 1 year from the date of the sale. [Sec. 3, associated facilities belonging to a fran-
RA 9856]. chised distribution utility extending bet. the
delivery points on the transmission or sub-
Distribute. The delivery or sale of any health
transmission system or generator connec-
product for purposes of distribution in com-
tion and the point of connection to the prem-
merce, except that such term does not in-
ises of the end-user. [Sec. 4, RA 9136].
clude the manufacture or retail of such
product. [Sec. 9, RA 9711]. Distribution utility (DU). 1. Any electric coop.,
private corp., govt.-owned utility or existing
Distributed generation. A system of small
LGU which has an exclusive franchise to
generation entities supplying directly to the
operate a distribution system in accordance
distribution grid, any one of which shall not
with RA 9136. [Sec. 4, RA 9136; Sec. 4, RA
exceed 100 kilowatts in capacity. [Sec. 4,
9513]. 2. Any electric coop., private corp.,
RA 9513].
govt.-owned utility or existing LGU which
Distribution. The delivery or sale of any drug has an exclusive franchise to operate a dis-
or device for purposes of distribution in tribution system in accordance with its fran-
commerce, except that such terms does not chise and RA 9136; [Sec. 4, RA 9513].
include a manufacturer or retailer of such
Distributor. 1. Any person to whom a con-
product. [Sec. 6, EO 175, May 22, 1987].
sumer product is delivered or sold for pur-
Distribution code. A compilation of rules and poses of distribution in commerce, except
regulations governing electric utilities in the that such term does not include a manufac-
operation and maintenance of their distribu- turer or retailer of such product. [Art. 4, RA
tion systems which includes, among others, 7394]. 2. Any person, natural or juridical, au-
the standards for service and performance, thorized by the manufacturer to sell brand
and de-fines and establishes the relation- new motor vehicles to duly authorized deal-
ship of the distribution systems with the fa- ers or retailers. [Sec. 3, RA 10642].
cilities or installations of the parties con-
Distributor or Importer or Exporter. Any
nected thereto. [Sec. 4, RA 9136].
establishment that imports or exports raw
Distribution of electricity. 1. The conveyance materials, active ingredients and/or finished
of electric power by a distribution utility products for its own use or for wholesale
through its distribution system pursuant to distribution to other establishments or out-
the provisions of RA 9136. [Sec. 4, RA lets. If the distributor or importer or exporter

285
sells to the general public, it shall be con- Dividend. 1. Any distribution made by a corp.
sidered a retailer. [Sec. 9, RA 9711]. to its shareholders out of its earnings or
profits and payable to its shareholders,
Distributor or Wholesaler. Any establishment
whether in money or in other property. [Sec.
that procures raw materials, active ingredi-
73, NIRC, as amended]. 2. That part or por-
ents and/or finished products from local es-
tion of the profits of the enterprise which the
tablishments for local distribution on whole-
corp., by its governing agents, sets apart for
sale basis. [Sec. 9, RA 9711].
ratable division among the holders of the
Disturbance compensation. 1. Payment of capital stock. It means the fund actually set
just indemnity for the disturbance of proprie- aside, and declared by the directors of the
tary rights as a result of expropriation. 2. corp. as a dividend, and duly ordered by the
The amount of compensation to which an directory, or by the stock-holders at a corpo-
agricultural lessee is entitled when being rate meeting to be divided or distributed
lawfully ejected from his landholding. [Sec. among the stockholders acc. to their respec-
36, RA 3844]. tive interests. [Nielson v. Lepanto, GR L-
21601. Dec. 28, 1968]. 3. A proportionate
Disturbance of proceedings. Crim. Law. The distribution of profits made in the form of a
felony committed by any person who dis-
money payment to shareholders, by a for-
turbs the meetings of the Natl. Assembly profit corp. Dividends are declared by a
[Congress of the Phils.] or of any of its company's BoD.
committees or subcommittees, constitutional
commissions or committees or divisions Dividends. GOCC declaration and remittance
thereof, or of any provincial board or city or of their annual net earnings as cash, stock
municipal council or board, or in the pres- or property dividends to the NG, at a rate
ence of any such bodies should behave in prescribed by law.
such manner as to interrupt its proceedings
Dividends in insolvency. The amounts paid,
or to impair the respect due it. [Art. 144,
upon order of the court, to the creditors of
RPC, as reinstated by EO 187].
an insolvent out of the capital or assets of
Diversion. An alternative child-appropriate the insolvent‘s estate for the purpose of liq-
process of determining the responsibility uidating or discharging a debt. [Sec. 45, Act
and treatment of a child in conflict with the 1956, Insolvency Law].
law on the basis of the child's social, cultur-
Divination. The pretended art of foreseeing
al, economic psychological or educational
future events by supernatural or magical
background without resorting to formal court
agency.
adjudication. [Sec. 4, RA 9344; Rule on Ju-
veniles in Conflict with The Law, AM 02-1- Divine law. (a) Divine positive law, i.e., 10
18-SC, Nov. 24, 2009]. Commandments; (b) Divine human positive
law, i.e., commandments of the church.
Diversion programs. Programs the child in
[Suarez, Stat. Con., (1993), p. 37-38].
conflict the law is required to undergo in lieu
of formal court proceedings. [Sec. 4, RA Divisible contract. A type of contract in which
9344; Rule on Juveniles in Conflict with The each party's obligations are independent of
Law, AM 02-1-18-SC, Nov. 24, 2009]. those of the other, and each party can de-
mand performance from the other without
Divestment. The transfer of title or disposal of
performing its own part.
interest in property by voluntarily, completely
and actually depriving or dispossessing Divisible contract, General rule on. As a
oneself of his right or title to it in favor of a general rule, a contract to do several things
person or persons other than his spouse at several times is divisible in its nature, so
and relatives as defined in RA 6713. [Sec. 3, as to authorize successive actions; and a
RA 6713]. judgment recovered for a single breach of a

286
continuing contract or covenant is no bar to coding unique to each person with the only
a suit for a subsequent breach thereof. exception of identical twins (that is why it is
[Blossom & Co. v. Manila Gas, GR 32958. also called DNA finger-printing). Through la-
Nov. 8, 1930]. boratory process, DNA can be extracted
from body tissue such a strand of hair, se-
Divisible obligation. An obligation the object
men, blood and matched against DNA dis-
of which, in its delivery or performance, is
covered at a crime scene or on a victim to
capable of partial performance. [Diaz, Bus.
scientifically implicate an accused. It can al-
Law Rev., 1991 Ed., p. 29]. Compare with
so be used to match DNA bet. parents in a
Indivisible obligation.
paternity suit.
Divisional applications. The separate appli-
Do ut des. Lat. I give that you give. [Torres,
cations to which those inventions not elect-
Oblig. & Cont., 2000 Ed., p. 169].
ed by the patent applicant may be subjected
after he is required ―to divide,‖ that is, to limit Do ut facias. Lat. I give that you make [or do].
the claims to whichever invention he may [Torres, Oblig. & Cont., 2000 Ed., p. 169].
elect in case where 2 or more inventions are
Dock. Locks, cuts, entrances, graving docks,
claimed in a single application but are of
inclined planes, slipways, quays, and other
such a nature that a single patent may not
works and things appertaining to any dock.
be issued for him. [Smith-Kline Beckman
[Sec. 3, PD 857].
Corp. v. CA, GR 126627, Aug. 14, 2003].
Docket. 1. An official court record book which
Divisional applications, Concept of: [The
lists all the cases before the court and which
concept that] comes into play when two or
may also note the status or action required
more inventions are claimed in a single ap-
for each case. 2. An abstract or listing of all
plication but are of such a nature that a sin-
pleadings filed in a case; the book contain-
gle patent may not be issued for them.1 The
ing such entries; trial docket is a list of or
applicant thus is required ―to divide,‖ that is,
calendar of cases to be tried in a certain
to limit the claims to whichever invention he
term.
may elect, whereas those inventions not
elected may be made the subject of sepa- Docket control. A system for keeping track of
rate applications which are called ―divisional deadlines and court dates for both litigation
applications.‖ [Smith-Kline Beckman Corp. and non-litigation matters.
v. CA, GR 126627, Aug. 14, 2003].
Doctor of Jurisprudence. See Juris Doctor
Divorce. The legal dissolution of a marriage by (J.D.).
a court or other competent body.
Doctrine. 1. That which is taught; what is held,
Divorce (talaq). The formal dissolution of the put forth as true, and supported by a teach-
marriage bond in accordance with the Code er, a school, or a sect; a principle or posi-
of Muslim Personal Laws of the Philip-pines tion, or the body of principles, in any branch
to be granted only after exhaustion of all of knowledge; tenet; dogma; principle of
possible means of reconciliation bet. the faith. It is a synonym of principle, position,
spouses. [Art. 45, PD 1086]. opinion, article, maxim, rule, and axiom.
[Mabanag v. Vito, GR L-1123 Mar. 5, 1947].
DMZ. See Demilitarized zone.
2. A rule or principle or the law established
DNA. Abbrev. for Deoxyribonucleic Acid. A through the repeated application of legal
chromosome molecule which carries genetic precedents.
Doctrine of absolute privilege. Doctrine that
protects persons from claims alleging defa-
mation where the alleged defamatory state-
ments were made by members of legislative

287
assemblies while on the floor of the assem- Doctrine of agency by estoppel. Also known
bly or communications made in the context as the Doctrine of holding out. The doc-
of judicial proceedings, as part of a trial. trine where the principal will be estopped
from denying the grant of authority if 3rd
Doctrine of absorption of common crimes.
parties have changed their positions to their
Also called Hernandez doctrine. The rule
detriment in reliance on the representations
enunciated in People v. Hernandez [99 Phil.
made.
Rep 515 (1956)] that the ingredients of a
crime form part and parcel thereof, and Doctrine of alter ego. A doctrine based upon
hence, are absorbed by the same and can- the misuse of a corp. by an individual for
not be punished either separately therefrom wrongful or inequitable purposes, and in
or by the application of Art. 48 of the Rev. such case the court merely disregards the
Penal Code. [Enrile v. Amin, GR 93335, corporate entity and holds the individual re-
Sep. 13, 1990]. It held that the crime of responsible for acts knowingly and intentional-
bellion under the Rev. Penal Code of the ly done in the name of the corp. The doc-
Phils. is charged as a single offense, and trine imposes upon the individual who uses
that it cannot be made into a complex crime. a corp. merely as an instrumentality to con-
duct his own business liability as a conse-
Doctrine of actio personalis moritur cum
quence of fraud or injustice perpetuated not
persona. Lat. The doctrine that personal ac-
on the corp., but on 3rd persons dealing with
tion terminates or dies with the person.
the corp. [Cited Sulo ng Bayan, Inc. v. Ara-
[Santos v. Sec. of Labor, GR L-21624, 27
neta, Inc., GR L-31061 Aug. 17, 1976].
Feb. 1968].
Doctrine of apparent authority. [T]he doc-
Doctrine of adherence of jurisdiction. Rem.
trine [under which the] acts and contracts of
Law. 1. The principle that once a court has
the agent, as are within the apparent scope
acquired jurisdiction, that jurisdiction contin-
of the authority conferred on him, although
ues until the court has done all that it can do
no actual authority to do such acts or to
in the exercise of that jurisdiction. 2. The
make such contracts has been conferred,
doctrine holding that [e]ven the finality of the
bind the principal. The principal‘s liability,
judgment does not totally deprive the court
however, is limited only to 3rd persons who
of jurisdiction over the case. What the court
have been led reasonably to believe by the
loses is the power to amend, modify or alter
conduct of the principal that such actual au-
the judgment. Even after the judgment has
thority exists, although none was given. In
become final, the court retains jurisdiction to
other words, apparent authority is deter-
enforce and execute it [Echegaray v. Sec. of
mined only by the acts of the principal and
Justice, GR 132601. Jan. 19, 1999]. Also
not by the acts of the agent. [Banate v. Phil.
called Doctrine of continuity of jurisdic-
Countryside Rural Bank, Inc., GR 163825,
tion.
July 13, 2010]. Also called the Holding out
Doctrine of adherence to judicial prece- theory; or Doctrine of ostensible agency
dents. Also called the Doctrine of stare or Agency by estoppel. See Apparent au-
decisis. [The doctrine that] enjoins adher- thority doctrine.
ence to judicial precedents. It requires
Doctrine of assumption of risk. The precept
courts in a country to follow the rule estab-
that denotes that a person who knows and
lished in a decision of its Sup. Court. That
comprehends the peril and voluntarily ex-
decision becomes a judicial precedent to be
poses himself or herself to it, although not
followed in subsequent cases by all courts in
negligent in doing so, is regarded as engag-
the land. [Phil. Guardians Brotherhood, Inc.
ing in an assumption of the risk and is pre-
(PGBI) v. Comelec, GR 190529, Apr. 29,
cluded from a recovery for an injury ensuing
2010].

288
therefrom. Also called Doctrine of volenti other law enforcement agency shall be held
non fit injuria. accountable for "Neglect of Duty" if he has
knowledge that a crime or offense shall be
Doctrine of attractive nuisance. A legal doc-
committed, is being committed, or has been
trine that makes a person negligent for leav-
committed by his subordinates, or by others
ing a piece of equipment or other condition
within his area of responsibility and, despite
on property which would be both attractive
such knowledge, he did not take preventive
and dangerous to curious children. These
or corrective action either before, during, or
have included tractors, unguarded swim-
immediately after its commission. [Sec. 1,
ming pools, open pits, and abandoned re-
EO 226. Feb. 17, 1995].
frigerators. Liability could be placed on the
people owning or controlling the premises Doctrine of comparative injury. A rule in
even when the child was a trespasser who equity which states that although a person is
sneaked on the property. See Attractive entitled to injunctive relief, if the injury done
nuisance doctrine. to the respondent or the public would be
disproportionate, then injunctive relief must
Doctrine of bar by prior judgment. Rem.
be denied.
Law. [A concept of res judicata holding that]
when, as bet. the 1st case where the judg- Doctrine of comparative negligence, The
ment was rendered and the 2nd case that is doctrine that allows a recovery by a plaintiff
sought to be barred, there is identity of par- whose own act contributed to his injury, pro-
ties, subject matter, and causes of action. In vided his negligence was slight as com-
this instance, the judgment in the first case pared with that of the defendant. [Rakes v.
constitutes an absolute bar to the 2nd ac- The Atlantic, Gulf and Pacific, Co., GR
tion. [Antonio v. Sayman Vda. de Monje, GR 1719, Jan. 23, 1907].
149624, 29 Sep. 2010].
Doctrine of compassionate justice. The
Doctrine of caveat emptor. Also called the doctrine that the harsh provisions of law and
Doctrine of let the buyer beware. A warn- the rigid rules of procedure may sometimes
ing that notifies a buyer that the goods he or be tempered and dispensed with to give
she is buying are "as is," or subject to all de- room for compassion.
fects. The principle under which the buyer
Doctrine of completeness. The doctrine hold-
could not recover damages from the seller
ing that a dying declaration to be admissible
for defects on the property that rendered the
must be complete in itself. To be complete
property unfit for ordinary purposes. The on-
in itself does not mean that the declarant
ly exception was if the seller actively con-
must recite everything that constituted the
cealed latent defects or otherwise made ma-
res gestae of the subject of his statement,
terial misrepresentations amounting to
but that his statement of any given fact
fraud.
should be a full expression of all that he in-
Doctrine of collateral estoppel. A doctrine tended to say as conveying his meaning in
that prevents a person from relitigating an respect of such fact. [People v. De Joya, GR
issue. Once a court has decided an issue of 75028, Nov. 8, 1991].
fact or law necessary to its judgment, that
Doctrine of conclusiveness of judgment.
decision preclude[s] relitigation of the issue
Rem. Law. [A concept of res judicata hold-
in a suit on a different cause of action involv-
ing that] where there is identity of parties in
ing a party to the first case. Also called Doc-
the first and 2nd cases, but no identity of
trine of preclusion of issues.
causes of action, the first judgment is con-
Doctrine of command responsibility. The clusive only as to those matters actually and
doctrine under which any govt. official or su- directly controverted and determined and
pervisor, or officer of the PNP or that of any not as to matters merely involved therein.

289
Stated differently, any right, fact or matter in to be regarded as a trustee ex maleficio
issue directly adjudicated or necessarily in- thereof for a person who suffers by reason
volved in the determination of an action be- of the fraud or other wrong, and is equitably
fore a competent court in which judgment is entitled to the property, even though such
rendered on the merits is conclusively set- beneficiary may never have any legal estate
tled by the judgment therein and cannot therein. [Magallon v. Montejo, GR 73733,
again be litigated bet. the parties and their Dec. 16, 1986].
privies, whether or not the claim, demand,
Doctrine of continuity of jurisdiction. Rem.
purpose, or subject matter of the 2 actions is
Law. The general principle that once a court
the same. [Antonio v. Sayman Vda. de
has acquired jurisdiction, that jurisdiction
Monje, GR 149624, 29 Sep. 2010].
continues until the court has done all that it
Doctrine of condonation. Admin. Law. The can do to exercise that jurisdiction. See
doctrine that a public official cannot be re- Doctrine of adherence of jurisdiction.
moved for administrative misconduct com-
Doctrine of contributory infringement. The
mitted during a prior term, since his re-
doctrine holding that, aside from the infring-
election to office operates as a condonation
er, anyone who actively induces the in-
of the officer‘s previous misconduct to the
fringement of a patent or provides the in-
extent of cutting off the right to remove him
fringer with a component of a patented
therefor. The foregoing rule, however, finds
product or of a product produced bec. of a
no application to criminal cases pending
patented process knowing it to be esp.
against petitioner. [Aguinaldo v. Santos, GR
adapted for infringing the patented invention
94115 Aug. 21, 1992]. Also called Doctrine
and not suitable for substantial non-
of forgiveness.
infringing use is liable jointly and severally
Doctrine of constitutional supremacy. The with the infringer as a contributory infringer.
doctrine that if a law or contract violates any It must, however, be proven that the product
norm of the constitution, that law or contract, can only be used for infringement purposes
whether promulgated by the legislative or by bec. if it can be used for legitimate purpos-
the executive branch or entered into by pri- es, the action shall not prosper.
vate persons for private purposes, is null
Doctrine of corporate negligence. [T]he
and void and without any force and effect.
judicial answer to the problem of allocating
Thus, since the Constitution is the funda-
hospital‘s liability for the negligent acts of
mental, paramount and supreme law of the
health practitioners, absent facts to support
nation, it is deemed written in every statute
the application of respondeat superior or
and contract. [Manila Prince Hotel v. GSIS,
apparent authority. Its formulation proceeds
GR 122156. Feb. 3, 1997].
from the judiciary‘s acknowledgment that in
Doctrine of constructive compliance. Succ. these modern times, the duty of providing
The doctrine that states that if, without the quality medical service is no longer the sole
fault of the heir, the modal institution cannot prerogative and responsibility of the physi-
take effect in the exact manner stated by the cian. The modern hospitals have changed
testator, it shall be complied with in a man- structure. Hospitals now tend to organize a
ner most analogous to and in conformity highly professional medical staff whose
with his wishes. [Art. 883, CC]. competence and performance need to be
monitored by the hospitals commensurate
Doctrine of constructive trust. A general
with their inherent responsibility to provide
principle that one who acquires land or other
quality medical care. [Professional Services,
property by fraud, misrepresentation, impo-
Inc. v. Agana, GR 126297, Jan. 31, 2007].
sition, or concealment, or under any such
other circumstances as to render it inequita- Doctrine of corporate opportunity. The doc-
ble for him to retain the property, is in equity trine under which a director of a corp. is

290
made to account to his corp., the gains and could have avoided the impending harm by
profits from transactions entered into by him the exercise of due diligence. [Glan People's
or by another competing corp. in which he Lumber and Hardware vs. IAC, GR 70493
has substantial interests which should have May 18, 1989]. See Last clear chance doc-
been a transaction undertaken by his corp. trine.
This s a breach of fiduciary relationship.
Doctrine of disregarding the distinct per-
Doctrine of corporate responsibility. [The sonality of the corporation. The doctrine
doctrine following which it was held that] a stating that when "the notion of legal entity
hospital x x x has the duty to see that it is used to defeat public convenience, justify
meets the standards of responsibilities for wrong, protect fraud, or defend crime, x x x
the care of patients. Such duty includes the the law will regard the corp. as an assoc. of
proper supervision of the members of its persons, or in the case of 2 corps., merge
medical staff. [Professional Services, Inc. v. them into one, the one being merely regard-
Agana, GR 126297, Jan. 31, 2007]. ed as part or instrumentality of the other.
[Yutivo Sons Hardware Co. v. CTA, GR L-
Doctrine of deference and non-disturbance
13203 Jan. 28, 1961]. The same is true
on appeal. The doctrine that the Sup. Court
where a corp. is a dummy and serves no
on appeal would not disturb the findings of
business purpose and is intended only as a
the trial court on the credibility of witnesses
blind, or an alter ego or business conduit for
in view of the latter's advantage of observing
the sole benefit of the stockholders. [Mc
at first hand their demeanor in giving their
Connel v. CA, GR L-10510 Mar. 17, 1961].
testimony. [Tehankee, concurring op.,
Llamoso v Sandiganbayan, GR L-63408 & Doctrine of effective occupation. A doctrine
64026 Aug. 7, 1985]. in intl. law which holds that in order for a na-
tion to occupy a coastal possession, it also
Doctrine of dependent relative revocation.
had to prove that it controlled sufficient au-
Succ. The doctrine that states that a revoca-
thority there to protect existing rights such
tion subject to a condition does not revoke a
as freedom of trade and transit. See Effec-
will unless and until the condition occurs.
tive occupation doctrine.
Thus, where a testator "revokes" a will with
the proven intention that he would execute Doctrine of ejusdem generis. Stat. Con. The
another will, his failure to validly make a lat- doctrine under which where general terms
ter will would permit the allowance of the follow the designation of particular things or
earlier will. classes of persons or subjects, the general
term will be construed to comprehend those
Doctrine of discovered peril. 1. The doctrine
things or persons of the same class or of the
to the effect that where both parties are neg-
same nature as those specifically enumer-
ligent, but the negligent act of one is appre-
ated. [Napocor v. Angas, GR 60225-26 May
ciably later in time than that of the other, or
8, 1992].
when it is impossible to determine whose
fault or negligence should be attributed to Doctrine of election of remedies. A doctrine
the incident, the one who had the last clear developed to prevent a plaintiff from a dou-
opportunity to avoid the impending harm ble recovery for a loss, making the person
and failed to do so is chargeable with the pursue only one remedy in an action. Alt-
consequences thereof. [See Picart v. Smith, hough its application is not restricted to any
Jr., GR L-12219 Mar. 15, 1918]. 2. The rule particular cause of action, it is most com-
that an antecedent negligence of a person monly employed in contract cases involving
does not preclude the recovery of damages fraud, which is a misrepresentation of a ma-
for supervening negligence of, or bar a de- terial fact that is intended to deceive a per-
fense against the liability sought by, another son who relies on it.
if the latter, who had the last fair chance,

291
Doctrine of equitable recoupment. It pro- Doctrine of executive privilege. [The doc-
vides that a claim for refund barred by pre- trine stating that the] Pres. and those who
scription may be allowed to offset unsettled assist him must be free to explore alterna-
tax liabilities should be pertinent only to tax- tives in the process of shaping policies and
es arising from the same transaction on making decisions and to do so in a way
which an overpayment is made and under- many would be unwilling to express except
payment is due. privately. These are the considerations justi-
fying a presumptive privilege for Presidential
Doctrine of equivalents. The rule stating that
communications. The privilege is fundamen-
an infringement also takes place when a de-
tal to the operation of govt. and inextricably
vice appropriates a prior invention by incor-
rooted in the separation of powers under the
porating its innovative concept and, alt-
Consti. [Almonte v. Vasquez, GR 95367
hough with some modification and change,
May 23, 1995].
performs substantially the same function in
substantially the same way to achieve sub- Doctrine of exhaustion. Also known as the
stantially the same result. [Smith Kline and Doctrine of first sale. The doctrine that
Beckman Corp. v. CA, GR 126627. Aug. 14, provides that the patent holder has control
2003]. of the first sale of his invention. He has the
opportunity to receive the full consideration
Doctrine of equivalents test. A test estab-
for his invention from his sale. Hence, he
lished to determine infringement which rec-
exhausts his rights in the future control of
ognizes that minor modifications in a pa-
his invention. It espouses that the patentee
tented invention are sufficient to put the item
who has already sold his invention and has
beyond the scope of literal infringement.
received all the royalty and consideration for
Thus, an infringement also occurs when a
the same will be deemed to have released
device appropriates a prior invention by in-
the invention from his monopoly. The inven-
corporating its innovative concept and, albeit
tion thus becomes open to the use of the
with some modification and change, per-
purchaser without further restriction. [Adams
forms substantially the same function in
v. Burke, 84 US 17, 1873].
substantially the same way to achieve sub-
stantially the same result. [Godinez v. CA, Doctrine of exhaustion of administrative
GR 97343. Sep. 13, 1993]. Compare with remedies. The general rule that before a
Literal infringement test. party may seek the intervention of the court,
he should first avail of all the means afford-
Doctrine of estoppel. Rem. Law. [A doctrine]
ed him by administrative processes. The is-
based on grounds of public policy, fair deal-
sues which administrative agencies are au-
ing, good faith and justice, [the] purpose [of
thorized to decide should not be summarily
which] is to forbid one to speak against his
taken from them and submitted to a court
own act, representations, or commitments to
without first giving such administrative
the injury of one to whom they were directed
agency the opportunity to dispose of the
and who reasonably relied thereon. [PNB v.
same after due deliberation. [Rep. v. Lacap,
CA, GR L-30831, Nov. 21, 1979].
GR 158253, Mar. 2, 2007].
Doctrine of estoppel by laches. Rem. Law.
Doctrine of fair comment. A doctrine in the
An equitable doctrine by which some courts
law of libel which means that while in gen-
deny relief to a claimant who has unreason-
eral every discreditable imputation publicly
ably delayed or been negligent in asserting
made is deemed false bec. every man is
a claim. A person invoking laches should
presumed innocent until his guilt is judicially
assert that an opposing party has slept on
proved, and every false imputation is di-
his/her rights and that the party is no longer
rected against a public person in his public
entitled to his/her orig. claim.
capacity, it is not necessarily actionable. In

292
order that such discreditable imputation to a of the rule of law and the maintenance of
public official may be actionable, it must ei- peace and order by settling justiciable con-
ther be a false allegation of fact or a com- troversies with finality. [Gallardo-Corro v.
ment based on a false supposition. If the Gallardo, GR 136228. Jan. 30, 2001].
comment is an expression of opinion, based
Doctrine of first sale. Also called the Doc-
on established facts, then it is immaterial
trine of exhaustion. A doctrine in intel prop.
that the opinion happens to be mistaken, as
law wherein the owner of an intel. prop.,
long as it might reasonably be inferred from
such as a patent, loses or exhausts all his
the facts. [Borjal v. CA, GR 126466. Jan. 14,
rights to the goods subject of the intel. prop.
1999].
right after its first sale in the market.
Doctrine of fair use. Intel. Prop. The doctrine
Doctrine of forgiveness. See Doctrine of
that permits a secondary use which serves
condonation.
the copyright objective of stimulating pro-
ductive thought and public instruction with- Doctrine of forum non-conveniens. Lat. The
out excessively diminishing the incentives forum is inconvenient. Priv. Intl. Law. [A rule
for creativity. See also Fair use doctrine. designed] to deter the practice of global fo-
rum shopping, [Coquia and Aguiling-
Doctrine of file wrapper estoppel. The doc-
Pangalangan, Conflicts Of Laws, pp. 40-41,
trine holding that a patentee is precluded
2000 Ed.] that is to prevent non-resident liti-
from claiming as part of patented product
gants from choosing the forum or place
that which he had to excise or modify in or-
wherein to bring their suit for malicious rea-
der to avoid patent office rejection, and that
sons, such as to secure procedural ad-
he may omit any additions which he was
vantages, to annoy and harass the defend-
compelled to add by patent office regula-
ant, to avoid overcrowded dockets, or to se-
tions. This doctrine balances the Doctrine
lect a more friendly venue. Under this doc-
of equivalents.
trine, a court, in conflicts of law cases, may
Doctrine of finality of judgment. Rem. Law. refuse impositions on its jurisdiction where it
The doctrine that once a judgment attains is not the most ―convenient‖ or available fo-
finality it thereby becomes immutable and rum and the parties are not precluded from
unalterable. It may no longer be modified in seeking remedies elsewhere. [First Phil. Intl.
any respect, even if the modification is Bank v. CA, GR 115849. Jan. 24, 1996].
meant to correct what is perceived to be an
Doctrine of governmental immunity from
erroneous conclusion of fact or law, and re-
suit. The doctrine that no governmental
gardless of whether the modification is at-
body can be sued unless it gives permis-
tempted to be made by the court rendering it
sion.
or by the highest court of the land. Just as
the losing party has the right to file an ap- Doctrine of hierarchy of courts. Rem. Law.
peal within the prescribed period, the win- An established policy that parties must ob-
ning party also has the correlative right to serve the hierarchy of courts before they
enjoy the finality of the resolution of his can seek relief directly from th[e Sup.] Court.
case. The doctrine of finality of judgment is Therationale for this rule is twofold: (a) it
grounded on fundamental considerations of would be an imposition upon the limited time
public policy and sound practice, and that, at of th[e Sup.] Court; and (b) it would inevita-
the risk of occasional errors, the judgments bly result in a delay, intended or otherwise,
or orders of courts must become final at in the adjudication of cases, which in some
some definite time fixed by law; otherwise, instances, had to be remanded or referred
there would be no end to litigations, thus to the lower court as the proper forum under
setting to naught the main role of courts of the rules of procedure, or as better equipped
justice which is to assist in the enforcement to resolve the issues bec. th[e Sup.] Court is

293
not a trier of facts. [Hinog v. Melicor, GR nunc pro tunc entries that cause no preju-
140954, 12 Apr. 2005]. dice to any party; (c) void judgments; and
(d) whenever circumstances transpire after
Doctrine of holding out. Also known as the
the finality of the decision rendering its exe-
Doctrine of agency by estoppel. The doc-
cution unjust and inequitable. [Temic Semi-
trine where the principal will be estopped
conductors, Inc. Employees Union (TSIEU)-
from denying the grant of authority if 3rd
FFW v. Federation of Free Workers (FFW),
parties have changed their positions to their
GR 160993, May 20, 2008].
detriment in reliance on the representations
made. Doctrine of immutability of judgment. A
fundamental legal principle that a decision
Doctrine of hold-over. The doctrine under
that has acquired finality becomes immuta-
which a public officer whose term has ex-
ble and unalterable, and may no longer be
pired or services have been terminated is al-
modified in any respect, even if the modifi-
lowed to continue holding his office until his
cation is meant to correct erroneous conclu-
successor is appointed or chosen and had
sions of fact and law, and whether it be
qualified.
made by the court that rendered it or by the
Doctrine of immunity from suit. 1. The doc- highest court of the land. The only excep-
trine the application of which has been re- tions to the general rule on finality of judg-
stricted to sovereign or governmental activi- ments are the so-called nunc pro tunc en-
ties [jure imperii]. The mantle of state im- tries which cause no prejudice to any party,
munity cannot be extended to commercial, void judgments, and whenever circumstanc-
private and proprietary acts [jure gestionis]. es transpire after the finality of the decision
[Jusmag v. NLRC, GR 108813. Dec. 15, which render its execution unjust and inequi-
1994]. 2. The restrictive application of State table. [Sacdalan v. CA, GR 128967, May 20,
immunity is proper when the proceedings 2004].
arise out of commercial transactions of the
Doctrine of implications. Stat. Con. That
foreign sovereign, its commercial activities
which is plainly implied in the language of a
or economic affairs. Stated differently, a
statute is as much a part of it as that which
State may be said to have descended to the
is expressed. [In Re: McCulloch Dick, GR
level of an individual and thus can be
13862. Apr. 16, 1918].
deemed to have tacitly given its consent to
be used only when it enters into business Doctrine of implied municipal liability. A
contracts. It does not apply where the con- municipality may become obligated upon an
tract relates to the exercise of its sovereign implied contract to pay the reasonable value
functions. [USA v. Ruiz, GR L-35645, May of the benefits accepted or appropriated by
22, 1985]. it as to which it has the general power to
contract. [Prov. of Cebu v. IAC, GR 72841.
Doctrine of immutability and inalterability
Jan. 29, 1987].
of a final judgment. The doctrine that has a
two-fold purpose: (a) to avoid delay in the Doctrine of implied trust. The doctrine enun-
administration of justice and thus, procedur- ciated in Art. 1456 of the Civ. Code [which
ally, to make orderly the discharge of judicial provides that] if property is acquired through
business and (b) to put an end to judicial mistake or fraud, the person obtaining it is,
controversies, at the risk of occasional er- by force of law, considered a trustee of an
rors, which is precisely why courts exist. implied trust for the benefit of the person
[SSS v. Isip, GR 165417, Apr. 3, 2007]. from whom the property comes.‖ [Armamen-
to v. Guerrero, GR L-34228 Feb. 21, 1980].
Doctrine of immutability and inalterability
of a final judgment. Exceptions: (a) The Doctrine of in pari delicto. Legal principle
correction of clerical errors; (b) the so-called that if 2 parties in a dispute are equally at

294
fault, then the party in possession of the tions. [Sec. 64, Corp. Code]. Also called
contested property gets to retain it and the Doctrine of indivisibility of subscription.
courts will not interfere with the status quo. It
Doctrine of indivisibility of subscription.
implies that if a party whose action or failure
The doctrine that a subscription contract is
to act precipitates breach of a contract, or
one, entire and indivisible contract. It cannot
who fails to take appropriate action or takes
be divided into portions so that the stock-
inappropriate action to limit or recoup a loss,
holder shall not be entitled to a certificate of
such party may not claim nor be awarded
stock until full payment of his subscription
damages.
together with interest, and expenses if any is
Doctrine of inappropriate provision. [It deals due. [SEC Opinion, Apr. 11, 1994]. Also
with] item provisions [in a budget bill] that called Doctrine of individuality of sub-
are to be treated as items for the President‘s scription.
veto power. [Dean Tupaz, 24 Hours Before
Doctrine of informed consent. A duty im-
the Bar (1st Ed. 2005), p. 133].
posed on a doctor to explain the risks of
Doctrine of incompatibility of public offices. recommended procedures to a patient be-
Pol. Law. It concerns a potential clash of 2 fore a patient determines whether or not he
incompatible public offices held by a single or she should go forward with the proce-
official. In other words, the doctrine con- dure. See Informed consent doctrine.
cerns a conflict bet. an individual‘s perfor-
Doctrine of interlocking confessions. Evid.
mance of potentially overlapping public du-
The doctrine under which extra-judicial con-
ties.
fessions independently made without collu-
Doctrine of incorporation. Intl. Law. The sion which are identical with each other in
doctrine that states that the rules of Intl. Law their essential details and are corroborated
form part of the law of the land and no legis- by other evidence on record are admissible,
lative action is required to make them appli- as circumstantial evidence, against the per-
cable to a country. The Phils. follows this son implicated to show the probability of the
doctrine, bec. Sec. 2. Art. II of the Consti. latter's actual participation in the commis-
states that the Phils. adopts the generally sion of the crime. [People v. Molleda, GR L-
accepted principles of intl. law as part of the 34248, Nov. 21, 1978].
law of the land.
Doctrine of inverse condemnation. [It in-
Doctrine of indefeasibility of torrens titles. volves] [t]he action to recover just compen-
A certificate of title, once registered, should sation from the State or its expropriating
not thereafter be impugned, altered, agency. It has the objective to recover the
changed, modified, enlarged or diminished value of property taken in fact by the gov-
except in a direct proceeding permitted by ernmental defendant, even though no formal
law. [De Pedro v. Romasan, GR 158002, exercise of the power of eminent domain
Feb. 28, 2005]. has been attempted by the taking agency.
[Napocor v. Sangkay, GR 165828, Aug. 24,
Doctrine of indelible allegiance. The doctrine
2011].
that an individual may be compelled to re-
tain his orig. nationality notwithstanding that Doctrine of isolated transactions. The doc-
he has already renounced or forfeited it un- trine that foreign corps., even unlicensed
der the laws of the 2nd state whose nation- ones, can sue or be sued on a transaction
ality he has acquired. or series of transactions set apart from their
common business in the sense that there is
Doctrine of individuality of subscription. A
no intention to engage in a progressive pur-
subscription is one entire and indivisible
suit of the purpose and object of business
whole contract. It cannot be divided into por-

295
transaction. [Eriks Pte. Ltd. v. CA, GR Doctrine of jus soli. Lat. Right of the soil. The
118843, Feb. 6, 1997]. doctrine recognizing the right of anyone
born in the territory of a state to nationality
Doctrine of judicial admissions. The well-
or citizenship.
settled doctrine that judicial admissions
cannot be contradicted by the admitter who Doctrine of laches. Also Doctrine of stale
is the party himself and binds the person demands. 1. [A doctrine] based upon
who makes the same, and absent any grounds of public policy which requires, for
showing that this was made thru palpable the peace of society, the discouragement of
mistake, no amount of rationalization can stale claims and x x x is principally a ques-
offset it. [Binarao v. Plus Builders, Inc., GR tion of the inequity or unfairness of permit-
154430, June 16, 2006]. ting a right or claim to be enforced or as-
serted. [Tijam v. Sibonghanoy, GR L-21450
Doctrine of judicial stability. The doctrine
Apr. 15, 1968]. 2. The time-honored rule an-
that no court can interfere by injunction with
chored on public policy that relief will be de-
the judgments or orders of another court of
nied to a litigant whose claim or demand has
concurrent jurisdiction having the power to
become ―stale‖, or who has acquiesced for
grant the relief sought by the injunction.
an unreasonable length of time, or who has
[Cabili v. Balindong, AM RTJ-10-2225, Sep.
not been vigilant or who has slept on his
6, 2011].
rights either by negligence, folly or inatten-
Doctrine of judicial stability. An elementary tion. [Arradaza v. CA, GR 50422 Feb. 8,
principle in the administration of justice 1989].
[where] no court can interfere by injunction
Doctrine of lack of capacity to sue. The
with the judgments or orders of another
doctrine of lack of capacity to sue based on
court of concurrent jurisdiction having the
failure to first acquire a local license is
power to grant the relief sought by the in-
based on considerations of public policy. It
junction. [Go v. Villanueva, Jr., GR 154623,
was never intended to favor nor insulate
Mar. 13, 2009]. See Doctrine of non-
from suit unscrupulous establishments or
interference.
nationals in case of breach of valid obliga-
Doctrine of judicial supremacy. 1. The doc- tions or violations of legal rights of unsus-
trine recognizing that the judiciary is vested pecting foreign firms or entities simply bec.
with the power to annul the acts of either the they are not licensed to do business in the
legislative or the executive or of both when country. [Facilities Mngt. Corp. v. De la Osa,
not conformable to the fundamental law. GR L-38649, Mar. 26, 1979].
[Assoc. of Small Landowners v. Sec. of
Doctrine of last clear chance. Also known as
Agrarian Reform, GR 78742. July 14, 1989].
the Doctrine of discovered peril or the
2. The power of judicial review under the
Humanitarian doctrine. A doctrine in the
Constitution. [Angara v. Electoral Commis-
law of torts which states that the contributory
sion, GR L-45081 July 15, 1936].
negligence of the party injured will not de-
Doctrine of jus sanguinis. Lat. Right of feat the claim for damages if it is shown that
blood. A principle of nationality law by which the defendant might, by the exercise of rea-
citizenship is not determined by place of sonable care and prudence, have avoided
birth but by having instead one or both par- the consequences of the negligence of the
ents who are citizens of the state or more injured party. In such cases, the person who
generally by having state citizenship or had the last clear chance to avoid the mis-
membership to a nation determined or con- hap is considered in law solely responsible
ferred by ethnic, cultural or other descent or for the consequences thereof. [Ong v. Met-
origin. ropolitan Water District, GR L-7664 Aug. 29,
1958]. See Last clear chance doctrine.

296
Doctrine of legal entity of the separate per- ees‘ Compensation under the Labor Code];
sonality of the corporation. The doctrine [Oching v. San Diego, GR 775, Dec. 17,
that a corp. may not be made to answer for 1946]; (d) When the shipowner is guilty of
acts and liabilities of its stockholders or fault or negligence; But if the captain is the
those of legal entities to which it may be one who is guilty, the doctrine may still be
connected or vice versa. [Panay, Inc. v. invoked, hence, abandonment is still an op-
Clave, GR L-56076, Sep. 21, 1983]. tion; (e) Private carrier; or (f) Voyage is not
maritime in character.
Doctrine of let the buyer beware. Also called
the Doctrine of caveat emptor. A warning Doctrine of lis pendens. Lat. A pending suit.
that notifies a buyer that the goods he or The jurisdiction, power or control which a
she is buying are "as is," or subject to all de- court acquires over the property involved in
fects. The principle under which the buyer a suit pending the continuance of the action
could not recover damages from the seller and until final judgment thereunder.
for defects on the property that rendered the
Doctrine of loss of confidence. Requisites:
property unfit for ordinary purposes. The on-
(a) Loss of confidence should not be simu-
ly exception was if the seller actively con-
lated; (b) it should not be used as a subter-
cealed latent defects or otherwise made ma-
fuge for causes which are improper, illegal,
terial misrepresentations amounting to
or unjustified; (c) it may not be arbitrarily as-
fraud.
serted in the face of overwhelming evidence
Doctrine of liberal construction of retire- to the contrary; (d) it must be genuine, not a
ment laws. Stat. Con. The doctrine that re- mere afterthought to justify an earlier action
tirement laws are liberally construed and taken in bad faith; and (5) the employee in-
administered in favor of the persons intend- volved holds a position of trust and confi-
ed to be benefited. All doubts as to the in- dence. [Midas Touch Food Corp. v. NLRC,
tent of the law should be resolved in favor of GR 111639, July 29, 1996]. See Loss of
the retiree to achieve its humanitarian pur- confidence doctrine.
poses. [Borromeo v. CSC, GR 96032 July
Doctrine of malicious prosecution. The
31, 1991].
doctrine that pertains to persecution through
Doctrine of limited liability. The [doctrine that the misuse or abuse of judicial processes; or
the] ship agent shall also be civilly liable for the institution and pursuit of legal proceed-
the indemnities in favor of 3rd persons ings for the purpose of harassing, annoying,
which may arise from the conduct of the vexing or injuring an innocent person. [Vil-
captain in the care of the goods which he lanueva v. UCPB, GR 138291, Mar. 7,
loaded on the vessel; but he may exempt 2000].
himself therefrom by abandoning the vessel
Doctrine of management prerogative. The
with all the equipments and the freight it
doctrine under which every employer has
may have earned during the voyage. [Art.
the inherent right to regulate, acc. to his own
587, Code of Commerce; Yangco v.
discretion and judgment, all aspects of em-
Lasema, GR L-47447-47449 Oct. 29, 1941].
ployment, incl. hiring, work assignments,
See Limited liability doctrine.
working methods, the time, place and man-
Doctrine of limited liability. Exceptions: (a) ner of work, work supervision, transfer of
Repairs and provisioning of the vessel be- employees, lay-off of workers, and disci-
fore its lossl; [Art. 586, Code of Commerce]; pline, dismissal, and recall of employees.
(b) Ins. proceeds. If the vessel is insured, [Rural Bank of Cantilan, Inc. v. Julve, GR
the proceeds will go to the persons entitled 169750 Feb. 27, 2007].
to claim from the shipowner; [Vasquez v.
Doctrine of mechanical equivalents. [The
CA, GR L-42926, Sep. 13, 1985]; (c) Work-
doctrine under which] the patentee is pro-
men‘s Compensation cases [now Employ-

297
tected from colorable invasions of his patent bodies. [Abakada Guro Party List v. Ermita,
under the guise of substitution of some part GR 168056, Sep. 1, 2005].
of his invention by some well known me-
Doctrine of non-interference. Rem. Law.
chanical equivalent. It is an infringement of
[The doctrine holding] that the judgment of a
the patent if the substitute performs the
court of competent jurisdiction may not be
same function and was well known at the
opened, modified, or vacated by any court of
date of the patent as a proper substitute for
concurrent jurisdiction. [Rep. v. Reyes, GR
the omitted ingredient. [Gsell v. Yap-Jue,
L-30263-5 Oct. 3, 1987]. Also Doctrine of
GR L-4720, Jan. 19, 1909.
judicial stability.
Doctrine of mortgagee in good faith. The
Doctrine of non-suability. The basic postu-
rule that all persons dealing with property
late enshrined in the constitution that ‗(t)he
covered by a Torrens Certificate of Title, as
State may not be sued without its consent,‘
buyers or mortgagees, are not required to
[which] reflects nothing less than a recogni-
go beyond what appears on the face of the
tion of the sovereign character of the State
title. The public interest in upholding the in-
and an express affirmation of the unwritten
defeasibility of a certificate of title, as evi-
rule effectively insulating it from the jurisdic-
dence of the lawful ownership of the land or
tion of courts. It is based on the very es-
of any encumbrance thereon, protects a
sence of sovereignty. [DA v. NLRC, GR
buyer or mortgagee who, in good faith, re-
104269, Nov. 11, 1993].
lied upon what appears on the face of the
certificate of title. [Cavite Devt. Bank v. Lim, Doctrine of operative fact. The doctrine that
GR 131679, 1 Feb. 2000]. nullifies the effects of an unconstitutional law
by recognizing that the existence of a stat-
Doctrine of mutuality of remedy. A civil law
ute prior to a determination of unconstitu-
doctrine founded on the idea that one party
tionality is an operative fact and may have
should not obtain from equity that which the
consequences which cannot always be ig-
other party could not obtain.
nored. The past cannot always be erased by
Doctrine of necessary implication. Stat. a new judicial declaration. [It] is applicable
Con. The doctrine that states that what is when a declaration of unconstitutionality will
implied in a statute is as much a part thereof impose an undue burden on those who have
as that which is expressed. [Natl. Assoc. of relied on the invalid law. [Planters Products,
Trade Unions (NATU) v. Torres, GR 93468. Inc. v. Fertiphil Corp., GR 166006, 14 Mar.
Dec. 29, 1994]. 2008]. See also Operative fact doctrine.
Doctrine of non-delegation. Consti. Law. Doctrine of ostensible agency. The doctrine
[The principle that] delegated powe0r consti- that imposes liability, not as the result of the
tutes not only a right but a duty to be per- reality of a contractual relationship, but ra-
formed by the delegate through the instru- ther bec. of the actions of a principal or an
mentality of his own judgment and not employer in somehow misleading the public
through the intervening mind of another. into believing that the relationship or the au-
thority exists. [Professional Services, Inc. v.
Doctrine of non-delegation. Consti. Law.
Agana, GR 126297, 126467 and 127590,
Exceptions to this principle: (a) Delegation
Jan. 31, 2007]. See Doctrine of ostensible
of tariff powers to the Pres. under Sec. 28
authority.
(2) of Art. VI of the Consti.; (b) Delegation of
emergency powers to the Pres. under Sec. Doctrine of ostensible authority. Also known
23(2) of Art. VI of the Consti.; (c) Delegation as Doctrine of apparent authority. The
to the people at large; (d) Delegation to local doctrine holding that if a corp. knowingly
govts.; and (e) Delegation to administrative permits one of its officers, or any other
agent, to do acts within the scope of an ap-

298
parent authority, and thus holds him out to Doctrine of part performance. An equitable
the public as possessing power to do those principle that allows a court to recognize and
acts, the corp. will, as against any one who enforce an oral contract despite its legal de-
has in good faith dealt with the corp. through ficiencies and provides a way around the
such agent, be estopped from denying his statutory bar to the enforcement of an oral
authority [Prudential Bank v. CA, GR contract. By applying the doctrine, a party
103957, June 14, 1993]. can establish the existence of a contract de-
spite the lack of any written evidence. Gen-
Doctrine of outside appearance. The doc-
erally, without written evidence, a contract
trine that states that a corp. is bound by a
does not satisfy the formal requirements set
contract entered into by an officer who acts
by the legislature under the statute of
without, or in excess of his actual authority,
frauds. The doctrine is an exception to this
in favor of a person who deals with him in
as it allows failure to comply with the statute
good faith relying on such apparent authori-
of frauds to be overcome by a party's execu-
ty.
tion, in reliance on an opposing party's oral
Doctrine of overbreadth. Consti. Law. [A]n promise, of an oral contract's requirements.
exception to the prohibition against third-
Doctrine of piercing the veil of corporate
party standing, [the doctrine permitting] a
entity. 1. [The doctrine under which] the le-
person to challenge a statute on the ground
gal fiction that a corp. is an entity with a ju-
that it violates the [free speech] rights of 3rd
ridical personality separate and distinct from
parties not before the court, even though the
its members or stockholders may be disre-
law is constitutional as applied to that de-
garded when valid grounds therefore exist
fendant. In other words, the overbreadth
[and] in such cases, the corp. will be con-
doctrine provides that: "Given a case or con-
sidered as a mere assoc. of persons. The
troversy, a litigant whose own activities are
members or stockholders of the corp. will be
unprotected may nevertheless challenge a
considered as the corp., that is liability will
statute by showing that it substantially
attach directly to the officers and stockhold-
abridges the [free speech] rights of other
ers. [Indophil Textile Mill Workers Union-
parties not before the court." [Chemerinsky,
PTGWO v. Calica, GR. 96490 Feb. 3, 1992].
Consti. Law, p. 86, 2nd Ed. (2002)]. Compare
2. The doctrine [that] applies when the cor-
with Doctrine of void for vagueness.
porate fiction is used to defeat public con-
Doctrine of parens patriae (father of his venience, justify wrong, protect fraud, or de-
country). The doctrine [referring] to the in- fend crime, or when it is made as a shield to
herent power and authority of the state to confuse the legitimate issues, or where a
provide protection of the person and proper- corporation is the mere alter ego or busi-
ty of a person non sui juries. Under that doc- ness conduit of a person, or where the cor-
trine, the state has the sovereign power of poration is so organized and controlled and
guardianship over persons under disability. its affairs are so conducted as to make it
Thus, the state is considered the parens pa- merely an instrumentality, agency, conduit
triae of minors. [Govt. of the Phil. Islands. v. or adjunct of another corp. [Umali v. CA, GR
Monte de Piedad, GR L-9959 Dec. 13, 89561, Sep. 13, 1990].
1916].
Doctrine of piercing the veil of corporate
Doctrine of pari delicto. The doctrine under fiction. The doctrine that allows the State to
which no recovery can be made in favor of disregard the notion of separate personality
the plaintiffs for being themselves guilty of of a corp. for justifiable reason/s. This is an
violating the law. [Ponce v. CA, GR L-49494 exception to the Doctrine of separate cor-
May 31, 1979]. porate entity.

299
Doctrine of political question. [The] well- nical matters or intricate questions of facts
settled doctrine that political questions are are involved, then relief must first be ob-
not within the province of the judiciary, ex- tained in an administrative proceeding be-
cept to the extent that power to deal with fore a remedy will be supplied by the courts
such questions has been conferred upon the even though the matter is within the proper
courts by express constitutional or statutory jurisdiction of a court. [Industrial Enterprises,
provisions. [Tañada v. Cuenco, GR L- Inc. v. CA, GR 88550. Apr. 18, 1990].
10520, Feb. 28, 1957].
Doctrine of prior restraint. The doctrine con-
Doctrine of preclusion of issues. The doc- cerning official governmental restrictions on
trine un which issues actually and directly the press or other forms of expression in
resolved in a former suit cannot again be advance of actual publication or dissemina-
raised in any future case bet. the same par- tion. [Bernas, The 1987 Consti. of the Rep.
ties involving a different cause of action. of the Phils., A Commentary, 2003 ed., p.
[Borlongan v. Buenaventura, GR 167234, 225].
Feb. 27, 2006]. Also called Doctrine of col-
Doctrine of prior use. The principle that prior
lateral estoppel.
use of a trademark by a person, even in the
Doctrine of prejudicial question. The doc- absence of a prior registration, will convert a
trine [that] comes into play generally in a sit- claim of legal appropriation by subsequent
uation where civil and criminal actions are users.
pending and the issues involved in both
Doctrine of privileged communication. 1.
cases are similar or so closely related that
The doctrine that utterances made in the
an issue must be pre-emptively resolved in
course of judicial proceedings, incl. all kinds
the civil case before the criminal action can
of pleadings, petitions and motions, belong
proceed. Thus, the existence of a prejudicial
to the class of communications that are ab-
question in a civil case is alleged in the crim-
solutely privileged. [Sison v. David, GR L--
inal case to cause the suspension of the lat-
11268 Jan. 28, 1961]. 2. The doctrine that
ter pending final determination of the former.
statements made in the course of judicial
[Quiambao v. Osorio, GR L-48157 Mar. 16,
proceedings are absolutely privileged - that
1988].
is, privileged regardless of defamatory tenor
Doctrine of presumed-identity approach. and of the presence of malice - if the same
Also called Doctrine of processual pre- are relevant, pertinent, or material to the
sumption. Where a foreign law is not cause in hand or subject of inquiry. [Tolenti-
pleaded or, even if pleaded, is not proved, no v. Baylosis, GR L-15742 Jan. 31, 1961].
the presumption is that foreign law is the
Doctrine of privity of contract. Doctrine that
same as ours. [EDI-Staffbuilders Intl., v.
provides that a contract cannot confer rights
NLRC, GR 145587, Oct. 26, 2007].
or impose obligations arising under it on any
Doctrine of presumption of regularity in the person or agent except the parties to it. The
performance of official duty. The doctrine basic premise is that only parties to con-
holding that every public official, absent any tracts should be able to sue to enforce their
showing of bad faith and malice, is entitled rights or claim damages as such.
to the presumption regularity in the perfor-
Doctrine of pro reo. Rem. Law. The doctrine
mance of official duties.
that where the evidence on an issue of fact
Doctrine of primary jurisdiction. Rem. Law. is in question or there is doubt on which side
The doctrine that holds that if the case is the evidence weighs, the doubt should be
such that its determination requires the ex- resolved in favor of the accused. [People v.
pertise, specialized skills and knowledge of Abarquez, GR 150762, 20 Jan. 2006]. See
the proper administrative bodies bec. tech- Pro reo doctrine.

300
Doctrine of processual presumption. 1. [The constitution would be. [Tolentino v. Come-
doctrine holding that] where a foreign law is lec, GR L-34150 Oct. 16, 1971].
not pleaded or, even if pleaded, is not
Doctrine of protection against compulsory
proved, the presumption is that foreign law
disclosures. The doctrine that no person
is the same as ours. [Atci Overseas Corp. v.
could be compelled to testify against himself
Echin, GR 178551 Oct. 11, 2010]. 2. The
or to answer any question which would have
presumption that, in the absence of anything
had a tendency to expose his property to a
to the contrary as to the character of a for-
forfeiture or to form a link in a chain of evi-
eign law, it is the same as the domestic law
dence for that purpose, as well as to incrim-
on the same subject. [Lim v. Insular Collec-
inate him. [Cabal v. Kapunan, Jr., GR L-
tor of Customs, GR 11759. Mar. 16, 1917].
19052, Dec. 29, 1962].
Also called Doctrine of presumed-identity
approach. Doctrine of proximate cause. The doctrine
stating that proximate legal cause is that
Doctrine of promissory estoppel. The doc-
acting first and producing the injury, either
trine under which an estoppel may arise
immediately or by settling other events in
from the making of a promise, even though
motion, all constituting a natural and contin-
without consideration, if it was intended that
uous chain of events, each having a close
the promise should be relied upon and in
causal connection with its immediate prede-
fact it was relied upon, and if a refusal to en-
cessor, the final event in the chain immedi-
force it would be virtually to sanction the
ately affecting the injury as a natural and
perpetration of fraud or would result in other
probable result of the cause which first act-
injustice. In this respect, the reliance by the
ed, under such circumstances that the per-
promisee is generally evidenced by action or
son responsible for the first event should, as
forbearance on his part, and the Idea has
an ordinarily prudent and intelligent person,
been expressed that such action or forbear-
have reasonable ground to expect at the
ance would reasonably have been expected
moment of his act or default that an injury to
by the promisor. Mere omission by the
some person might probably result there-
promisee to do whatever the promisor prom-
from. [Vda. de Bataclan v. Medina, GR L-
ised to do has been held insufficient 'for-
10126, Oct. 22, 1957].
bearance' to give rise to a promissory es-
toppel.' [Ramos v. Central Bank of the Doctrine of public policy. The doctrine under
Phils., GR L-29352, Oct. 4, 1971]. which, as applied to the law of contracts,
courts of justice will not recognize or uphold
Doctrine of proper submission. Consti. Law.
a transaction when its object, operation, or
1. All the proposed amendments to the
tendency is calculated to be prejudicial to
Consti. shall be presented to the people for
the public welfare, to sound morality or to
the ratification or rejection at the same time,
civic honesty. [Cui v. Arellano University,
not piecemeal. 2. Plebiscite may be held on
GR L-15127, 30 May 1961].
the same day as regular election provided
the people are sufficiently informed of the Doctrine of purposeful hesitation. The doc-
amendments to be voted upon, to conscien- trine that charges every court, incl. ths Sup.
tiously deliberate thereon, to express their Court, with the duty of a purposeful hesita-
will in a genuine manner. Submission of tion before declaring a law unconstitutional,
piece-meal amendments is constitutional. All on the theory that the measure was first
the amendments must be submitted for rati- carefully studied by the executive and legis-
fication at one plebiscite only. The people lative departments and determined by them
have to be given a proper frame of refer- to be in accordance with the fundamental
ence in arriving at their decision. They have law before it was finally approved. [Drilon v.
no idea yet of what the rest of the amended Lim, GR 112497 Aug. 4, 1994].

301
Doctrine of qualification. Conf. of Laws. The danger to which the person attacked is ex-
process of deciding whether or not the facts posed, and the instinct, more than the rea-
relate to the kind of question specified in a son, that moves or impels the defense, and
conflicts rule. The purpose of characteriza- the proportionateness thereof does not de-
tion is to enable the court of the forum to se- pend upon the harm done, but rests upon
lect the proper law. [Agpalo, Conflict of the imminent danger of such injury. [People
Laws, p. 18]. See Characterization. v. Gutual, GR 115233. Feb. 22, 1996].
Doctrine of qualified political agency. Pol. Doctrine of relation back. A principle that
Law. The doctrine that holds that, as the something done today will be treated as if it
Pres. cannot be expected to exercise his were done earlier. This doctrine is applied
control powers all at the same time and in under certain circumstances. For example,
person, he will have to delegate some of a document held in escrow and then deliv-
them to his Cabinet members, who in turn ered later will be treated as if delivered
and by his authority, control the bureaus and when it was put into escrow.
other offices under their respective jurisdic-
Doctrine of relations back. That principle of
tions in the executive department. [Carpio v.
law by which an act done at one time is
Exec. Sec., GR 96409. Feb. 14, 1992].
considered by a fiction of law to have been
Doctrine of quantum meruit. Lat. As much as done at some antecedent period. It is a doc-
one deserves. The doctrine that prevents trine that, although of equitable origin, has a
undue enrichment based on the equitable well recognized application to proceedings
postulate that it is unjust for a person to re- at law; a legal fiction invented to promote
tain benefit without paying for it. [See Soler the ends of justice or to prevent injustice
v. CA, GR 123892, 21 May 2001]. end the occurrence of injuries where other-
wise there would be no remedy. The doc-
Doctrine of qui facit per alium. The doctrine
trine, when invoked, must have connection
holding that, if in the nature of things the
with actual fact, must be based on some an-
master is obliged to perform the duties by
tecedent lawful rights. It has also been re-
employing servants, he is responsible for
ferred to as the Doctrine of relation back.
their acts in the same way that he is respon-
[Allied Banking Corp. v. CA, GR 85868. Oct.
sible for his own acts. See Doctrine of re-
13, 1989]. Also called Doctrine of relation
spondeat superior.
back.
Doctrine of ratification in agency. The doc-
Doctrine of renvoi. Fr. Refer back. The pro-
trine pertaining to the adoption or confirma-
cess by which a court adopts the rules of a
tion by one person of an act performed on
foreign jurisdiction with respect to any con-
his behalf by another without authority. The
flict of laws that arises. In some instances,
substance of the doctrine is confirmation af-
the rules of the foreign state might refer the
ter conduct, amounting to a substitute for a
court back to the law of the forum where the
prior authority. [Manila Memorial Park Cem-
case is being heard.
etery, Inc. v. Linsangan, GR 151319, Nov.
22, 2004]. Doctrine of res gestae. Lat. Things done.
Doctrine that is a recognized exception to
Doctrine of rational equivalence. [The] rea-
the rule against hearsay evidence based on
sonable necessity of the means employed
the belief that, bec. certain statements are
[to repel the unlawful aggression] does not
made naturally, spontaneously, and without
imply material commensurability bet. the
deliberation during the course of an event,
means of attack and defense [but] [w]hat the
they leave little room for misunderstanding
law requires is rational equivalence, in the
or misinterpretation upon hearing by some-
consideration of which will enter the princi-
one else, i.e., by the witness, who will later
pal factors of the emergency, the imminent
repeat the statement to the court, and thus

302
the courts believe that such statements car- pable of exclusive appropriation with refer-
ry a high degree of credibility. ence to an article in the market, bec. geo-
graphical or otherwise descriptive might
Doctrine of res ipsa loquitur. Lat. The thing
nevertheless have been used so long and
itself speaks. A doctrine of law that one is
so exclusively by one producer with refer-
presumed to be negligent if he had exclu-
ence to this article that, in that trade and to
sive control of whatever caused the injury
that group of the purchasing public, the word
even though there is no specific evidence of
or phrase has come to mean that the article
an act of negligence, and without negligence
was his produce. [Ang v. Teodoro, GR L-
the accident would not have happened.
48226 Dec. 14, 1942].
Doctrine of res judicata. The doctrine [that]
Doctrine of self-help. The doctrine enunciat-
has 2 aspects. The 1st is the effect of a
ed in Art. 429 of the Civ. Code which pro-
judgment as a bar to the prosecution of a
vides: ―The owner or lawful possessor of a
2nd action upon the same claim, demand or
thing has the right to exclude any person
cause of action. The 2nd aspect is that it
from the enjoyment and disposal thereof.
precludes the relitigation of a particular fact
For this purpose, he may use such force as
or issues in another action bet. the same
may be reasonably necessary to repel or
parties on a different claim or cause of ac-
prevent an actual or threatened unlawful
tion. [Lopez v. Reyes, GR L-29498, Mar. 31,
physical invasion or usurpation of his prop-
1977].
erty.‖
Doctrine of res perit domino. Lat. The thing
Doctrine of separability. The doctrine that
is lost to the owner. The doctrine that states
enunciates that an arbitration agreement is
that when a thing is lost or destroyed, it is
independent of the main contract. The arbi-
lost to the person who was the owner of it at
tration agreement is to be treated as a sepa-
the time.
rate agreement and the arbitration agree-
Doctrine of respect for administrative or ment does not automatically terminate when
practical construction. See Respect for the contract of which it is part comes to an
administrative or practical construction end. [Gonzales v. Climax Mining Ltd., GR
doctrine. 161957, Jan. 22, 2007].
Doctrine of respondeat superior. Lat. Let the Doctrine of separate (legal) personality. A
master answer. A legal doctrine which well-settled doctrine both in law and in equi-
states that, in many circumstances, an em- ty that as a legal entity, a corp. has a per-
ployer is responsible for the actions of em- sonality distinct and separate from its indi-
ployees performed within the course of their vidual stockholders or members. [Cruz v.
employment. Dalisay, AM R-181-P, July 31, 1987].
Doctrine of ripeness for judicial review. This Doctrine of separation of church and state.
doctrine determines the point at which The doctrine enshrined in Sec. 6, Art. II of
courts may review administrative action. The the 1987 Phil. Consti. which provides that:
basic principle of ripeness is that the judicial "The separation of Church and State shall
machinery should be conserved for prob- be inviolable." The idea advocated by this
lems which are real and present or imminent principle is to delineate the boundaries bet.
and should not be squandered on problems the 2 institutions and thus avoid encroach-
which are future, imaginary or remote. ments by one against the other bec. of a
[Mamba v. Lara, GR 165109, Dec. 14, misunderstanding of the limits of their re-
2009]. spective exclusive jurisdictions. [Austria v.
NLRC, GR 124382, 16 Aug. 1999].
Doctrine of secondary meaning. The doc-
trine [that] a word or phrase originally inca-

303
Doctrine of separation of powers. A basic right as against the authority that makes the
postulate that forbids one branch of govt. to law on which the right depends. Also called
exercise powers belonging to another co- Doctrine of non-suability.
equal branch; or for one branch to interfere
Doctrine of stale demands. Also Doctrine of
with the other's performance of its constitu-
laches. 1. [A doctrine] based upon grounds
tionally-assigned functions. [Velasco, Jr.,
of public policy which requires, for the peace
concurring op., Neri v. Senate Committee on
of society, the discouragement of stale
Accountability of Public Officers and Investi-
claims and x x x is principally a question of
gations, GR 180643, Mar. 25, 2007].
the inequity or unfairness of permitting a
Doctrine of severability. See Doctrine of right or claim to be enforced or asserted. [Ti-
separability. jam v. Sibonghanoy, GR L-21450 Apr. 15,
1968]. 2. The time-honored rule anchored
Doctrine of shifting majority. For each
on public policy that relief will be denied to a
House of Congress to pass a bill, only the
litigant whose claim or demand has become
votes of the majority of those present in the
―stale‖, or who has acquiesced for an unrea-
session, there being a quorum, is required.
sonable length of time, or who has not been
Doctrine of sole and exclusive competence vigilant or who has slept on his rights either
of the labor tribunal. Labor. The doctrine by negligence, folly or inattention. [Arradaza
that recognizes the Labor Arbiters‘ exclusive v. CA, GR 50422 Feb. 8, 1989].
jurisdiction to hear and decide the following
Doctrine of stare decisis. Also called the
cases involving all workers, whether agricul-
Doctrine of adherence to judicial prece-
tural or non-agricultural: (a) Unfair labor
dents. [The doctrine that] enjoins adherence
practice cases; (b) Termination disputes; (c)
to judicial precedents. It requires courts in a
If accompanied with a claim for reinstate-
country to follow the rule established in a
ment, those cases that workers may file in-
decision of its Sup. Court. That decision be-
volving wages, rate of pay, hours of work
comes a judicial precedent to be followed in
and other terms and conditions of employ-
subsequent cases by all courts in the land.
ment; (e) Claims for actual, moral, exempla-
[Phil. Guardians Brotherhood, Inc. (PGBI) v.
ry and other forms of damages arising from
Comelec, GR 190529, Apr. 29, 2010].
the employer-employee relations; (f) Cases
arising from any violation of Art. 264 of the Doctrine of stare decisis et non quieta
Labor Code, incl. questions involving the le- movere. Lat. To adhere to precedents and
gality of strikes and lockouts; and (g) Except not to unsettle things which are established.
claims for employees compensation, social The doctrine [that] enjoins adherence to ju-
security, medicare and maternity benefits, dicial precedents. It requires courts in a
all other claims arising from employer- country to follow the rule established in a
employee relations, incl. those of persons in decision of the Sup. Court thereof. That de-
domestic or household service, involving an cision becomes a judicial precedent to be
amount exceeding P5,000.00, whether or followed in subsequent cases by all courts in
not accompanied with a claim for reinstate- the land. The doctrine of stare decisis is
ment. [From Art. 217, LC]. based on the principle that once a question
of law has been examined and decided, it
Doctrine of sovereign immunity. 1. The
should be deemed settled and closed to fur-
doctrine expressly provided in Art. XVI of the
ther argument.[Fermin v. People, GR
1987 Consti., viz: ―Sec. 3. The State may
157643, Mar. 28, 2008].
not be sued without its consent.‖ 2. The doc-
trine that holds that a sovereign is exempt Doctrine of state immunity. The doctrine
from suit, not bec. of any formal conception under which a state cannot be sued in the
or obsolete theory, but on the logical and courts of another State, without its consent
practical ground that there can be no legal

304
or waiver. [Jusmag Phils. v. NLRC, GR beneficiary. [Feati Bank and Trust Co. v.
108813 Dec. 15, 1994]. CA, GR 94209, Apr. 30, 1991]. See Strict
compliance doctrine.
Doctrine of state responsibility to aliens.
Intl. Law. The doctrine that a state is under Doctrine of subrogation. The principle [that]
obligation to make reparation to another covers a situation wherein an insurer [who]
state for the failure to fulfill its primary obli- has paid a loss under an insurance policy is
gation to afford; in accordance with intl. law, entitled to all the rights and remedies be-
the proper protection due to an alien who is longing to the insured against a 3rd party
a national of the latter state. See also State with respect to any loss covered by the poli-
responsibility doctrine. cy. It contemplates full substitution such that
it places the party subrogated in the shoes
Doctrine of statistical improbability. Also
of the creditor, and he may use all means
known as the Lagumbay doctrine.
that the creditor could employ to enforce
[Lagumbay v. Comelec, GR L-25444, Jan.
payment. [Keppel Cebu Shipyard, Inc. v. Pi-
31, 1966]. Elec. Law. The doctrine [that] is
oneer Ins. and Surety Corp., GR 180880-81
applied only where the unique uniformity of
& 180896-97, Sep. 25, 2009].
tally of all the votes cast in favor of all the
candidates belonging to one party and the Doctrine of supervening event. The doctrine
systematic blanking of all the candidates of under which facts and events transpiring af-
all the opposing parties appear in the elec- ter the judgment or order had become final
tion return. [Sinsuat v. Pendatun, GR L- and executory [which circumstances] affect
31501, June 30, 1970]. or change the substance of the judgment
and render its execution inequitable would
Doctrine of strained relations. Labor. [The
justify the suspension or nullification of such
rule] that where reinstatement is not feasi-
final and executory judgment or order.
ble, expedient or practical, as where rein-
statement would only exacerbate the ten- Doctrine of supervening negligence. Also
sion and strained relations bet. the parties, Doctrine of discovered peril. 1. The doc-
or where the relationship bet. the employer trine to the effect that where both parties are
and employee has been unduly strained by negligent, but the negligent act of one is ap-
reason of their irreconcilable differences, preciably later in time than that of the other,
particularly where the illegally dismissed or when it is impossible to determine whose
employee held a managerial or key position fault or negligence should be attributed to
in the company, it would be more prudent to the incident, the one who had the last clear
order payment of separation pay instead of opportunity to avoid the impending harm
reinstatement. [Quijano v. Mercury Drug and failed to do so is chargeable with the
Corp., GR 126561. July 8, 1998]. consequences thereof. [Picart v. Smith, GR
L-12219 Mar. 15, 1918]. 2. [The doctrine
Doctrine of strict compliance. A settled rule
holding that] an antecedent negligence of a
in commercial transactions involving letters
person does not preclude the recovery of
of credit that the documents tendered must
damages for supervening negligence of, or
strictly conform to the terms of the letter of
bar a defense against the liability sought by,
credit. The tender of documents by the ben-
another if the latter, who had the last fair
eficiary (seller) must include all documents
chance, could have avoided the impending
required by the letter. A correspondent bank
harm by the exercise of due diligence. [Pan-
which departs from what has been stipulat-
tranco North Express, Inc. v. Baesa, GR
ed under the letter of credit, as when it ac-
Nos. 79050-51. Nov. 14, 1989].
cepts a faulty tender, acts on its own risks
and it may not thereafter be able to recover Doctrine of the law of the case. That princi-
from the buyer or the issuing bank, as the ple under which determination of questions
case may be, the money thus paid to the of law will generally be held to govern a

305
case throughout all its subsequent stages ly find their way and be consumed by bellig-
where such determination has already been erent forces, may be seized on the way. See
made on a prior appeal to a court of last re- Ultimate consumption doctrine.
sort. It is ―merely a rule of procedure and
Doctrine of ultimate destination. The final
does not go to the power of the court, and
destination in the territory of an enemy or
will not be adhered to where its application
under its control making goods contraband
will result in an unjust decision. It relates en-
under the doctrine of continuous voyage.
tirely to questions of law, and is confined in
See Ultimate destination doctrine.
its operation to subsequent proceedings in
the same case. [Villa v. Sandiganbayan, GR Doctrine of ultra vires. Lat. Beyond the pow-
87186, Apr. 24, 1992]. ers. The doctrine in the law of corps. that
holds that if a corp. enters into a contract
Doctrine of the proper law. Conf. of Laws.
that is beyond the scope of its corporate
The doctrine applied in the choice of law
powers, the contract is illegal.
stage of a lawsuit involving the conflict of
laws. In a conflicts lawsuit, one or more Doctrine of unforeseen events. The doctrine
state laws will be relevant to the decision- enunciated by Art. 1267 of the Civ. Code
making process. If the laws are the same, [which] is not an absolute application of the
this will cause no problems, but if there are principle of rebus sic stantibus [that] would
substantive differences, the choice of which endanger the security of contractual rela-
law to apply will produce a different judg- tions. [So v. Food Fest land, Inc., GR
ment. Each state therefore produces a set of 183628 & 183670. Apr. 7, 2010]. Art. 1267
rules to guide the choice of law, and one of provides: ―When the service has become so
the most significant rules is that the law to difficult as to be manifestly beyond the con-
be applied in any given situation will be the templation of the parties, the obligor may al-
proper law. This is the law which seems to so be released therefrom, in whole or in
have the closest and most real connection part.‖
to the facts of the case, and so has the best
claim to be applied. Doctrine of vagueness. An aspect of the due
process requirement of notice, [which] holds
Doctrine of the real and hypothecary nature that a law is facially invalid if persons of
of maritime law. Mar. Ins. [The rule that] a "common intelligence must necessarily
ship owner‘s liability is merely co-extensive guess as at its meaning and differ as to its
with his interest in the vessel, except where application."
actual fault is attributable to the shipowner.
Doctrine of vicarious liability. A legal doc-
[Aboitiz Shipping Corp. v. CA, GR 121833,
Oct. 17, 2008]. trine that assigns liability for an injury to a
person who did not cause the injury but who
Doctrine of the third group. The doctrine to has a particular legal relationship to the per-
the effect that the right of the owner of the son who did act negligently. Also referred to
shares of stock of a Phil. Corp. to transfer as Imputed negligence.
the same by delivery of the certificate,
whether it be regarded as statutory on Doctrine of void for vagueness. Consti. Law.
common law right, is limited and restricted The doctrine that is most commonly stated
by the express provision that "no transfer, to the effect that a statute establishing a
however, shall be valid, except as bet. the criminal offense must define the offense with
sufficient definiteness that persons of ordi-
parties, until the transfer is entered and not-
ed upon the books of the corp." [Uson v. Di- nary intelligence can understand what con-
osomito, GR L-42135, June 17, 1935]. duct is prohibited by the statute. It can only
be invoked against that specie of legislation
Doctrine of ultimate consumption. Goods that is utterly vague on its face, i.e., that
intended for civilian use which may ultimate- which cannot be clarified either by a saving

306
clause or by construction. [Estrada v. San- Document. Trust Receipts Law. Written or
diganbayan, GR. 148560, 19 Nov. 2001]. printed evidence of title to goods. [Sec. 3,
Compare with Doctrine of overbreadth. PD 115].
Doctrine of volenti non fit injuria. The doc- Document of title. Any written instrument,
trine that refers to self-inflicted injury or to such as a bill of lading, a warehouse receipt,
the consent to injury which precludes the re- or an order for the delivery of goods, that in
covery of damages by one who has know- the usual course of business or financing is
ingly and voluntarily exposed himself to considered sufficient proof that the person
danger, even if he is not negligent in doing who possesses it is entitled to receive, hold,
so. [Nikko Hotel Manila Garden v. Reyes, and dispose of the instrument and the goods
GR 154259, Feb. 28, 2005]. that it covers.
Doctrine of waiver. A doctrine resting upon Document of title to goods. Any bill of lading,
an equitable principle which courts of law dock warrant, quedan, or warehouse receipt
will recognize, that a person, with full or order for the delivery of goods, or any
knowledge of the facts shall not be permit- other document used in the ordinary course
ted to act in a manner inconsistent with his of business in the sale or transfer of goods,
former position or conduct to the injury of as proof of the possession or control of the
another, a rule of judicial policy, the legal goods, or authorizing or purporting to au-
outgrowth of judicial abhorrence so to thorize the possessor of the document to
speak, of a person's taking inconsistent po- transfer or receive, either by endorsement or
sitions and gaining advantages thereby by delivery, goods represented by such
through the aid of courts. [Lopez v. Ochoa, document. [Art. 1619, CC].
GR L-7955, May 30, 1958].
Documentary. 1. Adj. Consisting of official
Doctrine of waiver of double jeopardy. The pieces of written, printed, or other matter. 2.
doctrine that holds that when the case is N. A movie or a television or radio program
dismissed with the express consent of the that provides a factual record or report.
defendant, the dismissal will not be a bar to
Documentary bill. Nego. Inst. One to which
another prosecution for the same offense;
are attached documents of title delivered
bec. his action in having the case dismissed
and surrendered to the drawee when he ac-
constitutes a waiver of his constitutional
cepts or pays the bill. [Diaz, Bus. Law Rev.,
right or privilege, for the reason that he
1991 Ed., p. 365].
thereby prevents the court from proceeding
to the trial on the merits and rendering a Documentary evidence. 1. Documents as
judgment of conviction against him. [People evidence consisting of writings or any mate-
v. Salico, GR L-1567 Oct. 13, 1949]. rial containing letters. words, numbers, fig-
ures, symbols or other modes of written ex-
Document. Rem. Law. 1. A deed, instrument
pressions offered as proof of their contents.
or other duly authorized paper by which
[Sec. 2, Rule 130, RoC]. Compare with Tes-
something is proved, evidenced or set forth.
timonial evidence. 2. All the documenta-
Any instrument authorized by a notary public
tion, other than a certificate of competency
or a competent public official, with the so-
or certificate of proficiency, used to establish
lemnities required by law, is a public docu-
that the relevant requirements of the STCW
ment. [Bermejo v. Barrios, GR L-23614.
Convention have been met. [Sec. 2, RA
Feb. 27, 1970]. 2. Any substance having
10635].
any matter expressed or described upon it
by marks capable of being read. [Francisco, Documentary stamp. An adhesive stamp
Evidence, Vol. VII, Part 1, 1997 Ed., p. 129]. used to collect taxes or fees on documents,
tobacco, alcoholic drinks, drugs and medi-
cines, playing cards, and many other things.

307
It is yypically purchased from the govt., and tions normally incident to, and in progressive
is attached to taxed items as part of putting prosecution of, commercial gain or of the
them on sale, or in the case of documents, purpose and object of the business org. [Art.
as part of filling out the form. 44, EO 226, July 16, 1987]. 2. A continuity
of commercial dealings and arrangements,
Documentary stamp tax (DST). 1. A tax on
and contemplates to that extent, the perfor-
documents, instruments, loan agreements
mance of acts or words or the exercise of
and papers evidencing the acceptance, as-
some of the functions normally incident to,
signment, sale or transfer of an obligation,
and in progressive prosecution of, the pur-
right or property incident thereto. 2. [It] is in
pose and object of its org. [Mentholatum
the nature of an excise tax. It is not imposed
Co., Inc. v. Mangaliman, GR L-47701 June
upon the business transacted but is an ex-
27,1941].
cise upon the privilege, opportunity or facility
offered at exchanges for the transaction of Doing or transacting an insurance busi-
the business. It is an excise upon the facili- ness. This includes (a) making or proposing
ties used in the transaction of the business to make, as insurer, any insurance contract;
separate and apart from the business itself. (b) making or proposing to make, as surety,
[It is] levied on the exercise by persons of any contract of suretyship as a vocation and
certain privileges conferred by law for the not as merely incidental to any other legiti-
creation, revision, or termination of specific mate business or activity of the surety; (c)
legal relationships through the execution of doing any kind of business, incl. a reinsur-
specific instruments. [Antam Pawnshop ance business, specifically recognized as
Corp. v. CIR, GR. 167962, Sep. 19, 2008]. constituting the doing of an insurance busi-
ness within the meaning of the Ins. Code;
Documented migrant workers. (a) Those
(d) doing or proposing to do any business in
who possess valid passports and visas or
substance equivalent to any of the foregoing
permits to stay in the host country and
in a manner designed to evade the provi-
whose contracts of employment have been
sions of the Ins. Code.
processed by the POEA if required by law or
regulation; or (b) Those registered by the Doing or transacting business in the Phil-
Migrant Workers and Other Overseas Filipi- ippines. For purposes of Sec. 133 of the
nos Resource Center or by the Embassy. Corp. Code, the actual transaction of busi-
[Sec. 2, IRR, RA 8042]. ness by a foreign corp. in the Phils., that is,
performance of specific business transac-
Dog. A common quadruped domestic animal
tions within the Phil. territory on a continuing
belonging to the order carnivora (male or
basis in its own name and for its own ac-
female), scientifically known as canis famil-
count. Actual transaction of business within
iaris. [Sec. 3, RA 9482].
the Phil. territory is an essential requisite for
Doing business. 1. Soliciting orders, pur- the Phils. to acquire jurisdiction over a for-
chases, service contracts, opening offices, eign corp. and thus require the foreign corp.
whether called liaison offices or branches; to secure a Phil. business license. [B. Van
appointing representatives or distributors Zuiden Bros., Ltd. v. GTVL Mfg. Industries,
who are domiciled in the Phils. for a period Inc., GR 147905, May 28, 2007].
or periods totaling 180 days or more; partic-
Dolo. Sp. Fraud or malice. 1. A conscious and
ipating in the management, supervision or
intentional design to evade the normal ful-
control of any domestic business firm, entity
fillment of existing obligations. [Luzon Bro-
or corp. in the Phils., and any other act or
kerage v. Maritime Building, GR L-25885.
acts that imply a continuity of commercial
Aug. 18, 1972]. 2. A complex idea involving
dealings or arrangements and contemplate
the elements of freedom, intelligence, and
to that extent the performance of acts or
intent. [Mariano A. Albert, The Rev. Penal
works, or the exercise of some of the func-

308
Code (Act 3815) 21-24 (1946)]. The 1st el- children and for other purposes‖ enacted on
ement, freedom, refers to an act done with Feb. 25, 1998.
deliberation and with power to choose bet. 2
Domestic air carrier. An air carrier who is a
things. [Id. At 21]. The 2nd element, intelli-
citizen of the Phils.: Provided, That an air
gence, concerns the ability to determine the
carrier who is not a citizen of the Phils. but
morality of human acts, as well as the ca-
who may be allowed to engage in domestic
pacity to distinguish bet. a licit and an illicit
and/or foreign air transportation, or domestic
act. [Id. At 21]. The last element, intent, in-
and/or foreign air commerce, in accordance
volves an aim or a determination to do a
with the provisions of RA 776, as amended,
certain act. [Guevarra v. Almodovar, GR
shall, to all intents and purposes, be classi-
75256 Jan. 26, 1989].
fied as a domestic air carrier. [Sec. 3, RA
Dolo causante. Sp. Causal fraud. 1. A decep- 776].
tion employed by one party prior to or simul-
Domestic air commerce. 1. [It] includes air
taneous to the contract in order to secure
commerce within the limits of the Phil. terri-
the consent of the other. [Samson v. CA,
tory. [Sec. 3, RA 9497]. 2. Air commerce
GR 108245. Nov. 25, 1994]. 2. Those de-
within the limits of the Phil. territory. [Sec. 3,
ceptions or misrepresentations of a serious
RA 776].
character employed by one party and with-
out which the other party would not have en- Domestic air transport. Air transportation
tered into the contract. [Geraldez v. CA, GR within the limits of the Phil. territory. [Sec. 3,
108253. Feb. 23, 1994]. RA 9497].
Dolo incidente. Sp. Incidental fraud. Those Domestic air transportation. Air transporta-
which are not serious in character and with- tion within the limits of the Phil. territory.
out which the other party would still have en-
tered into the contract. [Geraldez v. CA, GR Domestic arbitration. An arbitration involving
a local dispute, i.e., not intl. as this is under-
108253. Feb. 23, 1994].
stood in the Model Law adopted by the UN,
Dolus bonus. Lat. Good or permissible deceit. which means that it is to be governed by RA
[talktalk.co.uk; Jan. 8, 2013; Vda. De Pama 875, the Arbitration Law of the Phils.
v. Pama, GR L-33259, Aug. 31, 1983].
Domestic corporation. A corp. incorporated
Dolus malus. Lat. Bad deceit; fraud; evil in- under the laws of the Phils. [Sec. 123, Corp.
tent. [talktalk.co.uk; Jan. 8, 2013; Vda. De Code]. Compare with Foreign corporation.
Pama v. Pama, GR L-33259, Aug. 31,
1983]. Domestic helper. Someone who works within
the employer's household.
Domestic. 1. Persons usu. living under the
same roof, pertaining to the same house, Domestic industry. The domestic producer,
and constituting, in this sense, a part there- as a whole, of like or directly competitive
of, distinguishing it from the term servant products manufactured or produced in the
whereby a person serving another on a sal- Phils. or those whose collective output of
like or directly competitive products consti-
ary is designated. [People v. Alvarez, GR
34644, Jan. 17, 1974]. 2. A person usu. liv- tutes a major proportion of products. [Sec. 4,
ing under the same roof, pertaining to the RA 8800].
same house, and constituting, in this sense, Domestic law. The internal law of the forum,
a part thereof. [US v. Arlante, GR L-3859. that is, the local law as applied to purely
Jan. 15, 1908]. domestic cases.
Domestic Adoption Act 0f 1998. RA 8552 Domestic market enterprise. An enterprise
entitled ―An Act establishing the rules and which produces goods for sale, or renders
policies on the domestic adoption of Filipino

309
services to the domestic market entirely or, ucation and given an allowance incidental to
if exporting a portion of its output, fails to education, i.e. ―baon‖, transportation, school
consistently export at least 60% thereof. [RA projects and school activities. [Sec. 4, RA
7042]. 10361].
Domestic or Household services. Service in Domestic Workers Act or Batas Kasamba-
the employer's home which is usu. neces- hay. RA 10361 entitled ―An Act Instituting
sary or desirable for the maintenance and Policies for the Protection and Welfare of
enjoyment thereof and includes ministering Domestic Workers‖ enacted on Jan. 18,
to the personal com-fort and convenience of 2013.
the members of the employer's household,
Domicile. 1. That place in which a person's
incl. services of family drivers. [Art. 141, LC].
habitation is fixed, without any present inten-
Domestic servant. See Househelper. tion of removing therefrom, and that place is
properly the domicile of a person in which
Domestic ship operator or owner. A citizen
he has voluntarily fixed his abode, or habita-
of the Phils., or a commercial partnership
tion, not for a mere special or temporary
wholly owned by Filipinos, or a corp. at least
purpose, but with a present intention of mak-
60% of the capital of which is owned by Fili-
ing it his permanent home. [Romualdez-
pinos, which is duly authorized by the MA-
Marcos v. Comelec, GR 119976. Sep. 18,
RINA to engage in the business of domestic
1995]. 2. A fixed permanent residence to
shipping. [Sec. 3, RA 9295].
which when absent for business, or pleas-
Domestic shipping. The transport of passen- ure, or for like reasons one intends to return,
ger or cargo, or both, by ships duly regis- and depends on facts and circumstances, in
tered and licensed under Phil. law to engage the sense that they disclose intent. [Ong
in trade and commerce bet. Phil. ports and Huan Tin v. Rep., GR L-20997 Apr. 27,
within Phil. territorial or internal waters, for 1967]. 3. The permanent residence of a per-
hire or compensation, with general or limited son; a place to which, even if he were tem-
clientele, whether permanent occasional or porarily absent, he intends to return. In law,
incidental, with or without fixed routes, and it is said that a person may have many resi-
done for contractual or commercial purpos- dences but only one domicile. See Resi-
es. [Sec. 3, RA 9295]. dence.
Domestic trade. The sale, barter or exchange Domicile. Basic rules: (a) A man must have a
of goods, materials or products within the residence or domicile somewhere; (b) domi-
Phils. [Sec. 3, RA 9295]. cile, once established, remains until a new
one is validly acquired; and (c) a man can
Domestic work. Work performed in or for a have but one residence or domicile at any
household or households. [Sec. 4, RA given time. [Domino v. Comelec, GR
10361]. 134015, July 19, 1999]. See also Transfer
Domestic worker or Kasambahay. Any per- of domicile.
son engaged in domestic work within an
Domicile by choice. Elements in order to
employment relationship such as, but not acquire a new domicile by choice: (a) Resi-
limited to, the following: general househelp, dence or bodily presence in the new locality,
nursemaid or ―yaya‖, cook, gardener, or (b) an intention to remain there, and (c) an
laundry person, but shall exclude any per- intention to abandon the old domicile. In
son who performs domestic work only occa-
other words, there must basically be animus
sionally or sporadically and not on an occu- manendi coupled with animus non re-
pational basis. The term shall not include vertendi. The purpose to remain in or at the
children who are under foster family ar-
domicile of choice must be for an indefinite
rangement, and are provided access to ed- period of time; the change of residence must

310
be voluntary; and the residence at the place law. [Ellis v. Rep., GR L-16922. Apr. 30,
chosen for the new domicile must be actual. 1963]. See Nationality theory.
[Romualdez v. RTC Br. 7, Tacloban City,
Domicilium necesarium. Lat. Domicile by
GR 104960. Sep. 14, 1993].
operation of law. [Romualdez-Marcos v.
Domicile by operation of law. It attributes to Comelec, GR 119976. Sep. 18, 1995].
a person a domicile independent of his own
Domicilium originis. Lat. Domicile of origin.
intention or actual residence, ordinarily re-
The common case of the place of birth.
sulting from legal domestic relations, as that
[Romualdez-Marcos v. Comelec, GR
of the wife arising from marriage, or the rela-
119976. Sep. 18, 1995].
tion of a parent and a child. [Romualdez-
Marcos v. Comelec, GR 119976. Sep. 18, Domicilium proprio motu. Lat. That domicile
1995]. which is voluntarily acquired by a party.
Domicile of choice. The place which the per-
119976. Sep. 18, 1995].
son has elected and chosen for himself to
displace his previous domicile; it has for its Domicilium voluntarium. Lat. Domicile of
true basis or foundation the intention of the one‘s own choosing. [Romualdez-Marcos v.
person. [Romualdez-Marcos v. Comelec, Comelec, GR 119976. Sep. 18, 1995].
GR 119976. Sep. 18, 1995].
Dominancy test. The test in determining
Domicile of origin. General rule. [It] is not whether colorable imitation exists which fo-
easily lost; it is lost only when there is an accuses on the similarity of the prevalent fea-
tual removal or change of domicile, a bona tures of the competing trademarks which
fide intention of abandoning the former resi- might cause confusion or deception and
dence and establishing a new one, and acts thus constitutes infringement. If the compet-
which correspond with such purpose. ing trademark contains the main or essential
[Romualdez-Marcos v. Comelec, GR or dominant features of another, and confu-
119976, Sep. 18, 1995]. sion and deception is likely to result, in-
fringement takes place. Duplication or imita-
Domicile of origin. The domicile of his par-
tion is not necessary; nor it is necessary that
ents, or of the head of his family, or of the
the infringing label should suggest an effort
person on whom he is legally dependent at
to imitate. The question at issue in cases of
the time of his birth. While the domicile of
infringement of trademarks is whether the
origin is generally the place where one is
use of the marks involved would be likely to
born or reared, it maybe elsewhere.
cause confusion or mistakes in the mind of
the public or deceive purchasers. [Emerald
119976. Sep. 18, 1995].
Garment Mfg. Corp. v. CA, GR 100098.
Domiciliary principle. Also Nationality prin- Dec. 29, 1995]. Compare with Holistic test.
ciple. The taxation of the same items by the
Dominant estate. The immovable in favor of
country of residence or nationality of the
which the easement is established. [Art.
taxpayer. [CIR v. Procter & Gamble Phil.,
613, CC]. See Servient estate.
GR 66838. Dec. 2, 1991]. Compare with
Source or situs rule. Dominion or Dominium. The capacity of the
State to own or acquire property such as
Domiciliary test. The nationality of a corp. is
lands and natural resources. [Separate
determined by the principal place of busi-
Opinion, Kapunan, J., in Cruz v. Sec. of
ness of the corp.
DENR, GR 135385, Dec. 6, 2000].
Domiciliary theory. The theory that personal
Dominium. Lat. The capacity to own or ac-
status, in general, is determined by and/or
quire property, incl. lands held by the state
subject to the jurisdiction of the domiciliary
in its proprietary capacity. [Suarez, Pol. Law

311
Reviewer, 1st
Ed., 2002, p. 29]. Compare Donation by reason of marriage. Civ. Law.
with Imperium. Grounds for revocation: (a) If the marriage is
not celebrated or judicially declared void ab
Dominium directum. Lat. 1. Naked owner-
initio except donations made in the marriage
ship. [Alejandro v. Geraldez, GR L-33849.
settlements, which shall be governed by Art.
Aug. 18, 1977]. 2. Bare ownership. [Gold
81, FC; (b) when the marriage takes place
Creek Mining Corp. v. Rodriguez, GR
without the consent of the parents or guard-
45859, Sep. 28, 1938].
ian, as required by law; (c) when the mar-
Dominium est jus utendi et abutendi, re riage is annulled, and the donee acted in
quatenus juris ratio potitur. Lat. Owner- bad faith; (d) upon legal separation, the do-
ship is the right to use and abuse one‘s nee being the guilty spouse; (e) if it is with a
property insofar as the law and reason per- resolutory condition and the condition is
mit. complied with; (f) when the donee has
committed an act of ingratitude as specified
Dominium plenum. Lat. Full ownership.
by the provisions of the Civ. Code on dona-
[Alejandro v. Geraldez, GR L-33849. Aug. tions in general. [Art. 86, FC].
18, 1977].
Donation inter vivos. Civ. Law. A donation
Dominium utile. Lat. Beneficial ownership.
which the donor intends to take effect during
[Gold Creek Mining Corp. v. Rodriguez, GR the lifetime of the donor, though the property
45859, Sep. 28, 1938]. shall not be delivered till after the donor's
Domino absoluto. Lat. Full ownership. death. The fruits of the property from the
[Alejandro v. Geraldez, GR L-33849 Aug. time of the acceptance of the donation, shall
18, 1977]. Compare with Nuda proprietas. pertain to the donee, unless the donor pro-
vides otherwise. [Art. 729, CC]. 2. Donation
Donation. Civ. Law. 1. An act of liberality made without consideration (of death or
whereby a person disposes gratuitously of a mortal peril), but out of the donor's pure
thing or right in favor of another, who ac- generosity and the recipient's desires, alt-
cepts it. [Art. 725, CC]. 2. There is also a hough the subject matter is not delivered at
donation when a person gives to another a once, or the delivery is to be made post
thing or right on account of the latter's merits mortem, which is a simple matter of form
or of the services rendered by him to the and does not change the nature of the act,
donor, provided they do not constitute a and such gifts are irrevocable, esp. if without
demandable debt, or when the gift imposes a price and onerous in character. [Balaqui v.
upon the donee a burden which is less than Dongso, GR 31161. Oct. 28, 1929].
the value of the thing given. [Art. 726, CC].
Donation mortis causa. Also Disposition
Donation. Civ. Law. Elements: There are 3 post mortem. Civ. Law. Characteristics: (a)
essential elements of donations: (a) The re- The transfer conveys no title or ownership to
duction of the patrimony of the donor, (b) the the transferee before the death of the trans-
increase in the patrimony of the donee, and feror, of the transferor [testator] retains the
(c) the intent to do an act of liberality [ani- owner-ship, full or naked [domino absoluto
mus donandi]. [Tatoto v. Yusop, GR 74203. or nuda proprietas]; (b) the transfer is revo-
Apr. 17, 1990]. cable before the transferor's death and rev-
Donation by reason of marriage. Civ. Law. ocability may be provided for indirectly by
Also Donation propter nuptias. Donation means of a reserved power in the donor to
made before the celebration of marriage, in dispose of the properties conveyed [Bautista
consideration of the same, and in favor of v. Sabiniano, GR L-4236 Nov. 18, 1952];
one or both of the future spouses. [Art. 82, and (c) the transfer would be void if the
FC]. transferor survived the transferee.

312
[Alejandro v. Geraldez, GR L-33849. Aug. Donation; when void. Civ. Law. (a) Donations
18, 1977]. bet. husband and wife; (b) those made bet.
persons who were guilty of adultery or con-
Donation mortis causa. Civ. Law. 1. A dona-
cubinage at the time of the donation; (c)
tion to take effect at the death of the donor.
Those made bet. persons found guilty of the
2. A death-bed gift, made by a dying person,
same criminal offense, in consideration
with the intent that the person receiving the
thereof; (d) those made to a public officer or
gift shall keep the thing if death ensues.
his wife, descendants and ascendants, by
Such a gift is exempted from the estate of
reason of his office. [Art. 133 and 739, CC].
the deceased as property is automatically
conveyed upon death. 3. This donation par- Donde quiera su fije de residencia. Sp.
takes of the nature of testamentary provi- ―Wherever [the husband] wishes to establish
sions, and shall be governed by the rules of residence.‖ This [phrase] contemplates only
succession. [Art. 728, CC]. 4. A donation actual residence bec. it refers to a positive
made, as its name implies, in consideration act of fixing a family home or residence.
of death or mortal peril, without the donor's [Romualdez-Marcos, GR 119976. Sep. 18,
intention to lose the thing or its free disposal 1995].
in case of survival, as in testamentary dis-
Donee. Beneficiary of a trust. The person who
positions. [Balaqui v. Dongso, GR 31161.
is the recipient of a power of attorney; the
Oct. 28, 1929]. 5. A death-bed gift, made by
person who would have to exercise the
a dying person, with the intent that the per-
power of attorney.
son receiving the gift shall keep the thing if
death ensues. Such a gift is exempted from Donor. The person who donates property to
the estate of the deceased as property is the benefit of another, usu. through the legal
automatically conveyed upon death. mechanism of a trust.
Donation propter nuptias. Civ. Law. A dona- Donor milk. The human milk from a non-
tion which is given by reason of marriage biological mother. [Sec. 3, RA 10028].
and given before its celebration, in consid-
eration of that same, and in favor of one or Donor’s tax. A tax on a donation or gift, and is
both of the future spouses. [Art. 82, FC]. imposed on the gratuitous transfer of prop-
See Donation by reason of marriage. erty bet. 2 or more persons who are living at
the time of the transfer. It shall apply wheth-
Donation, when inofficious. Civ. Law. Dona- er the transfer is in trust or otherwise,
tion that exceeds what he may give or re- whether the gift is direct or indirect and
ceive by will. [Art. 752, CC]. whether the property is real or personal,
tangible or intangible.
Donation; when revocable at the instance
of the donor, by reason of ingratitude. Dormant partner. A partner who does not
Civ. Law. (a) If the donee should commit take active part in the business of the part-
some offense against the person, the honor nership and at the same time not known as
or the property of the donor, or of his wife or a partner. [Diaz, Bus. Law Rev., 1991 Ed.,
children under his parental authority; (b) if p. 189].
the donee imputes to the donor any criminal
offense, or any act involving moral turpitude, DOSRI. An acronym that refers to ―directors,
even though he should prove it, unless the officers, stockholders and their related inter-
crime or the act has been committed against ests‖ such that their transactions are closely
supervised and monitored by the Bangko
the donee himself, his wife or children under
his authority; (c) if he unduly refuses him Sentral ng Pilipinas. A bank‘s credit accom-
support when the donee is legally or morally modation to its DOSRI, for example, must
not be on terms which are mote favorable
bound to give support to the donor. [Art.
765, CC]. than those extended to non-DOSRI borrow-

313
ers. [Sect. 36, RA 7653, New Central Bank rately in respect to the same subject and in-
Act]. terest. [Sec. 93, IC].
DOTC. See Department of Transportation Double insurance. Purpose of the rule: To
and Communications. prevent over-insurance and thus avert the
perpetration of fraud. The public, as well as
Double costs. Costs [other than treble costs]
the insurer, is interested in preventing the
which may be imposed on the plaintiff or
situation in which a loss would be profitable
appellant, where an action or an appeal is
to the insured. [Pioneer Ins. and Surety
found to be frivolous, to be paid by his attor-
Corp v. Yap, GR. L-36232, Dec. 19, 1974].
ney, if so ordered by the court. [Sec. 3, Rule
143, RoC]. Double insurance. Requisites. (a) The person
insured must be the same; (b) there must be
Double criminality principle. Intl. Law. The
several insurers; (c) the subject matter in-
rule in extradition which states that for a re-
sured must be the same; (d) the interest in-
quest to be honored, the crime for which ex-
sured must also be the same; and (e) the
tradition is requested must be a crime in
risk insured against must be the same. [Ti-
both the requesting state and the state to
opianco, Commentaries & Jurisp. on the Ins.
which the fugitive has fled. For example,
Code of the Phil., 1999 Ed., p. 93].
since murder is a crime both in the Phils.
and in Canada, under the Treaty on Extradi- Double jeopardy. Putting a person on trial
tion bet. the Phils. and Canada, the Phils. more than once for the same crime.
can request Canada to extradite a Filipino
Double jeopardy. 1. Requisites: (a) The pre-
who has fled to Canada.
vious complaint or information or other for-
Double criminality. 1. Under this principle, mal charge is sufficient in form and sub-
extradition is available only when the act is stance to sustain a conviction: (b) the court
an offense in the 2 countries involved in ex- has jurisdiction to try the case; (c) the ac-
tradition. [Cruz, Intl. Law, 2003 ed., p. 205; cused has been arraigned and has pleaded
Coquia and Santiago, Intl. Law and World to the charge; and (d) the accused is con-
Orgs., 2005 ed., p. 342]. 2. It is intended to victed or acquitted or the case is dismissed
ensure each state that it can rely on recipro- without his express consent. [Navallo v.
cal treatment and that no state will use its Sandiganbayan, GR 97214. July 18, 1994].
processes to surrender a person for contract 2. Elements: (a) A 1st jeopardy must have
which it does not characterize as criminal. attached prior to the 2nd; (b) the 1st jeop-
[Bassiouni, Intl. Extradition, 4th ed., p. 467]. ardy must have been validly terminated; and
3. The requirement of double criminality is (c) the 2nd jeopardy must be for the same
satisfied even if the act was not punishable offense, or the 2nd offense includes or is
in the requested state at the time of its oc- necessarily included in the offense charged
currence if it was criminal at the time the rein the 1st information, or is an attempt to
quest was made. [Ibid., p. 469]. commit the same or is a frustration thereof.
[People v. Puno, GR 61864-69, 8 May
Double dead meat. See Double-dead meat.
1992].
Double donations. Civ. Law. Donations of the
Double renvoi. Intl. Law. The referral by the
same thing to 2 or more different donees
forum court to the conflict rules, incl. the
which shall be governed by the provisions -
renvoi rules of a foreign state. Thus the fo-
Art. 1544 of the Civ. Code - concerning the
rum court applies the law specified by the
sale of the same thing to 2 or more different
foreign conflicts rules, incl. the foreign renvoi
persons. [Art. 744, CC].
rules, in an effort to render the decision,
Double insurance. It exists where the same which the foreign court would render if it
person is insured by several insurers sepa- were seized of the case.

314
Double sale. The sale of the same thing to storing, distributing, marketing and/or selling
different vendees, where the ownership crude oil, gasoline, diesel, liquefied petrole-
shall be transferred to the person who may um gas (LPG), kerosene, and other petrole-
have first taken possession thereof in good um products. [Sec. 4, RA 8479].
faith, if it should be movable property.
Downstream Oil Industry Deregulation Act
Should it be immovable property, the own-
of 1998. RA 8479 entitled ―An Act deregulat-
ership shall belong to the person acquiring it
ing the downstream oil industry, and for oth-
who in good faith first recorded it in the Reg-
er purposes‖ enacted on Feb. 10, 1998.
istry of Property. Should there be no inscrip-
tion, the ownership shall pertain to the per- Downstream sector. See downstream.
son who in good faith was 1st in the pos-
session; and, in the absence thereof, to the Draft. Comml. Law. A bill of exchange payable
person who presents the oldest title, provid- on demand and drawn for the purpose of
ed there is good faith. [Art. 1544, CC]. collecting for the drawer‘s own use and ac-
count a sum of money due him from the
Double share for full blood collaterals rule. drawee. A sight draft is one for the immedi-
The rule that should brother and sisters of ate collection of money. [Martin, Commen-
the full blood survive together with brothers taries and Jurisp. on Comml. Laws, Vol. 1,
and sisters of the half blood, the former shall 1988 Rev. Ed., p. 70].
be entitled to a share double that of the lat-
ter. [Art. 1006, CC]. Draft animal. An animal used for pulling heavy
loads.
Double taxation. 1. Taxing the same person
twice by the same jurisdiction for the same Draft animal power. Power provided by the
carabao as a farm animal. [Sec. 3, RA
thing. [Victorias Milling Co. v. Mun. of Victo-
rias, GR L-21183 Sep. 27, 1968]. 2. Addi- 7307].
tional taxes laid on the same subject by the Dragnet clause or Blanket clause. 1. The
same taxing jurisdiction during the same mortgage provision in Amer. jurisprudence
taxing period and for the same purpose. which is specifically phrased to subsume all
[Cruz, Constl. Law, 1998 Ed., p. 89]. debts of past or future origin. Such clauses
Double-dead meat. The Filipino appellation are "carefully scrutinized and strictly con-
for meat taken from an animal that has died strued.‖ [Phil. Bank of Communications v.
CA, GR 118552. Feb. 5, 1996]. 2. Provision
of disease.
in a mortgage in which a mortgagor gives
Downstream. The sector of the oil and gas security for past and future advances as well
industry which commonly refers to the refin- as present indebtedness.
ing of petroleum crude oil and the pro-
cessing and purifying of raw natural gas, as Drago doctrine. Intl. Law. The doctrine that ―a
well as the marketing and distribution of public debt cannot give rise to the right of in-
products derived from crude oil and natural tervention.‖ It was formulated by Foreign
gas. The downstream sector touches con- Minister Drago of Argentina in 1902 when
Great Britain, Italy and Germany established
sumers through products such as gasoline
or petrol, kerosene, jet fuel, diesel oil, heat- a blockade against Venezuela in order to
ing oil, fuel oils, lubricants, waxes, asphalt, enforce certain contractual and other claims
natural gas, and liquified petroleum gas against it. [Cruz, Intl. Law Reviewer, 1996
(LPG) as well as hundreds of petrochemi- Ed., p. 56].
cals. Drawee. The person to whom the bill of ex-
Downstream oil industry (DOI). The busi- change is addressed and who is ordered to
ness of importing, exporting, re-exporting, pay. He becomes an Acceptor when he in-
dicates his willingness to pay the bill.
shipping, trans-porting, processing, refining,

315
Drawer. The person who gives the order to ties in controlling substance-taking behavior
pay money to a 3rd party. in terms of its onset, termination, or levels of
use. [Sec 3, RA 9165]. 2. A state of psychic
Drinking water. Water intended for human
or physical dependence, or both, on a dan-
consumption or for use in food preparation.
gerous drug, arising in a person following
[Sec 4, RA 9275].
administration or use of that drug on a peri-
Drive-in-net. See Muro-ami. odic or continuous basis. [People v. Dicho-
so, GR 101216-18. June 4, 1993].
Driving under the influence of alcohol. The
act of operating a motor vehicle while the Drug establishment. Any org. or company
driver‘s blood alcohol concentration level involved in the manufacture, importation, re-
has, after being subjected to a breath ana- packing and/or distribution of drugs or medi-
lyzer test, reached the level of intoxication, cines. [Sec. 3, RA 6675].
as established jointly by the DOH, the Na-
Drug or Pharmaceutical laboratory. Also
polcom and the DOTC. [Sec. 3, RA 10586].
Pharmaceutical manufacturing laborato-
Driving under the influence of dangerous ry. An establishment where pharmaceuti-
drugs and other similar substances. The cals, proprietary medicines or pharmaceuti-
act of operating a motor vehicle while the cal specialties are prepared, compounded,
driver, after being subjected to a confirmato- standardized and distributed or sold. [Sec.
ry test as mandated under RA 9165, is 42, RA 5921].
found to be positive for use of any danger-
Drug outlets. Drugstores, pharmacies, and
ous drug. [Sec. 3, RA 10586].
any other business establishments which
Droit de suite. Fr. Right to follow. A right sell drugs or medicines. [Sec. 4, RA 9502;
granted to artists or their heirs to receive a Sec. 3, RA 6675].
fee on the resale of their works of art.
Drug product. The finished product form that
Drug. (1) Articles recognized in official phar- contains the active ingredients, generally but
macopeias and formularies, incl. official ho- not necessarily in association with inactive
meopathic pharmacopeias, or any docu- ingredients. [Sec. 3, RA 6675].
mentary supplement to any of them, which
Drug syndicate. Any organized group of 2 or
are recognized and adopted by the FDA; (2)
more persons forming or joining together
articles intended for use in the diagnosis,
with the intention of committing any offense
cure, mitigation, treatment, or prevention of
prescribed under RA 9165. [Sec 3, RA
disease in man or other animals; (3) articles
9165].
(other than food) intended to affect the
structure of any function of the body of hu- Drugs. 1. Articles intended for use in the diag-
mans or animals; or (4)articles intended for nosis, cure, mitigation, treatment, or preven-
use as a component of any articles specified tion of disease in man or other animals. 2.
in clauses (1), (2), or (3) but do not include Articles [other than food] intended to affect
devices or their components, parts or ac- the structure or any function of the body of
cessories. [Sec. 9, RA 9711]. man or animals. [Art. 4, RA 7394].
Drug dependence. 1. As based on the World Drugs and medicines. Any chemical com-
Health Org. (WHO) definition, it is a cluster pound or biological substance, other than
of physiological, behavioral and cognitive food, intended for use in the treatment, pre-
phenomena of variable intensity, in which vention or diagnosis of disease in humans
the use of psychoactive drug takes on a or animals, incl. but not limited to: (1) any ar-
high priority thereby involving, among oth- ticle recognized in the official US Pharma-
ers, a strong desire or a sense of compul- copoeia - Natl. Formulary (USP-NF), official
sion to take the substance and the difficul- Homeopathic Pharmacopoeia of the US,

316
Phil. Pharmacopoeia, Phil. Natl. Drug For- Dual citizen. A natural-born Phil. citizen who
mulary, British Pharmacopoeia, European has also become a naturalized citizen of an-
Pharmacopoeia, Japanese Pharmacopoeia, other country but who is deemed not to have
Indian Pharmacopoeia, any natl. compendi- lost his Phil. citizenship by taking the pre-
um or any supplement to any of them; (2) scribed oath of allegiance to the Phils. A du-
any article intended for use in the diagnosis, al citizen can exercise absentee voting
cure, mitigation, treatment, or prevention of rights for Pres., Vice Pres., Senators and
disease in humans or animals; (3) any arti- Party-List Reps. [RA 9225, Citizenship Re-
cle other than food intended to affect the tention and Reacquisition Act; Nicolas-Lewis
structure or any function of the human body v. Comelec, GR 162759, Aug. 4, 2006].
or animals; (4) any article intended for use
Dual citizenship. Citizenship in 2 countries
as a component of any articles specified in
concurrently.
clauses (1), (2), and (3) not incl. devices or
their components, parts, or accessories; and Dual registration rule. [The rule that] the
(5) herbal and/or traditional drugs which are property must be registered twice: (a) in the
articles of plant or animal origin used in folk place where mortgagor resides; and (b) in
medicine which are: (i) recognized in the the place where property is situated. [Sec. 4,
Phil. Natl. Drug Formulary; (ii) intended for Act 1508]. Exceptions: (a) If the mortgagor
use in the treatment or cure or mitigation of resides in the same place where the proper-
disease symptoms, injury or body defects in ty is located; or (b) if the amount of the loan
humans; (iii) other than food, intended to af- is above P500,000.00, registration which
fect the structure or any function of the hu- should be made in the city or municipality
man body; (iv) in finished or ready-to-use where the property is situated. [Sec. 116,
dosage form; and (v) intended for use as a P.D. 1159].
component of any of the articles specified in
Dual system or training. A delivery system of
clauses (i), (ii), (iii), and (iv). [Sec. 4, RA
9502]. quality technical and vocational education
which requires training to be carried out al-
Drunk. Affected by alcohol to the extent of ternately in 2 venues: In school and in the
losing control of one's faculties or behavior. production plant. In-school training provides
the trainee the theoretical foundation, basic
Drunk driving. Driving a vehicle with an ex-
training, guidance and human formation,
cess of alcohol in the blood.
while in-plant training develops his skills and
Drunken. 1. Drunk or intoxicated. 2. Habitually proficiency in actual work conditions as it
or frequently drunk. continues to inculcate personal discipline
and work values. [Sec. 1, IRR, RA 7796].
Drunkenness. A state of the mind, which de-
pends upon the tolerance of a person to al- Dual training system. An instructional deliv-
coholic drinks and which is relative in every ery system of technical and vocational edu-
individual. cation and training that combines in-plant
training and in- school training based on a
Drydock. A dock from which the water can be
training plan collaboratively designed and
temporarily excluded, in order to effect re-
implemented by an accredited dual system
pairs to hulls and keels of ships or vessels.
educational institution or training center and
[Sec. 3, PD 857].
accredited dual system agricultural, industri-
DST. See Documentary stamp tax. al and business establishments with prior
notice and advice to the LGU concerned.
DU. See Distribution Utility. Under this system, said establishments and
Dual. Consisting of 2 parts, elements, or as- the educational institution share the respon-
pects. sibility of providing the trainee with the best
possible job qualifications, the former essen-

317
tially through practical training and the latter payable. [CIR v. Visayan Electric Co., GR L-
by securing an adequate level of specific, 22611. May 27, 1968].
general and occupation-related theoretical
Due bill. Comml. Law. An instrument whereby
instruction. The word "dual" refers to the 2
one person acknowledges his indebtedness
parties providing instruction: the concept
to another. [Diaz, Bus. Law Rev., 1991 Ed.,
"system" means that the 2 instructing parties
p. 379].
do not operate independently of one anoth-
er, but rather coordinate their efforts. [Sec. Due execution. The fact that the document
4, RA 7796]. was signed voluntarily and knowingly by the
party whose signature appears thereon. See
Dual Training System Act of 1994. RA 7796
Genuineness.
entitled ―An Act to strengthen manpower
education and training in the Phils. by insti- Due process. [Its essence] is simply an oppor-
tutionalizing the dual training system as an tunity to be heard or, as applied to adminis-
instructional delivery system of technical trative proceedings, an opportunity to ex-
and vocational education and training, plain one's side or an opportunity to seek a
providing the mechanism, appropriating reconsideration of the action or ruling com-
funds therefor and for other purposes‖ en- plained of. [Telecoms. Distributors Special-
acted on Feb. 25, 1994. ist, Inc. v. Gabriel, GR 174981, May 25,
2009].
Duces tecum. Lat. Bring with you. Used most
frequently for a species of subpoena [as in Due process of law. Pol. Law. 1. In a criminal
Subpoena duces tecum] which seeks not so prosecution, due process consists of a law
much the appearance of a person before a creating or defining the offense, an impartial
court of law, but the surrender of a thing tribunal of competent jurisdiction, accusation
[e.g. a document or some other evidence] in due form, notice and opportunity to de-
by its holder, to the court, to serve as evi- fend, trial acc. to established procedure, and
dence in a trial. discharge unless found guilty. [People v.
Lumague, GR 53586. Jan. 30, 1982]. 2.
Duct. A channel or tube for conveying some-
Fundamental fairness. [Anzaldo v. Clave,
thing, in particular.
GR L-54597. Dec. 15, 1982]. 3. The twin re-
Duct system. A continuous passageway for quirements of notice and hearing constitute
the transmission of air. [Sec. 3, PD 1185; essential elements of due process. [Century
Sec. 3, RA 9514]. Textile Mills, Inc. v. NLRC, GR 77859 May
25, 1988].
Due. 1. The word is only equivalent to or syn-
onymous with "payable.‖ 2. With reference Due process of law. Pol. Law. Requisites: (a)
to taxes, it implies that such taxes are then There must be a court of tribunal clothed
"owing, collectible or matured.‖ 3. The debt with judicial power to hear and determine
or obligation to which it is applied has by the matter before it; (b) jurisdiction must be
contract or operation of law become imme- lawfully acquired over the person of the de-
diately payable, but in another sense it defendant or over the property which is the
notes the existence of a simple indebted- subject of the proceeding; (c) the defendant
ness, without reference to the time payment, must be given an opportunity to be heard;
in which it is synonymous with 'owing' and and (d) judgment must rendered upon lawful
includes all debts whether payable in prae- hearing. [El Banco Español-Filipino v. Pal-
senti or in futuro." [CIR v. Visayan Electric anca, GR L-11390. Mar. 26, 1918].
Co., GR L-22611. May 27, 1968].
Duel. Crim. Law. 1. An agreement to fight
Due and payable (on a specified date). The under determined conditions and with the
phrase means the debt or obligation to participation and intervention of seconds,
which it is applicable is then immediately who fix such conditions. [US v. Navarro, GR

318
L-1878. Mar. 9, 1907]. 2. A formal or regular Duplex. A house which has separate but com-
combat previously consented bet. 2 parties plete facilities to accommodate 2 families as
in the presence of 2 or more seconds of law- either adjacent units or one on top of the
ful age on each side, who make the selec- other.
tion of arms and fix all the other conditions
Duplicate. An identical copy; a facsimile.
of the fight to settle some antecedent quar-
rel. [Gregorio, Fund. of Crim. Law Rev., Duplicate original. A signed carbon copy or
1997 9th Ed., p. 655]. duplicate of a document executed at the
same time as the orig. [which] may be intro-
Duel, Participation in a. Crim. Law. The felo-
duced in evidence without accounting for the
ny committed by any person who shall kill
non-production of the original. But, an un-
his adversary in a duel, or inflict upon the
signed and uncertified document purporting
latter physical injuries only, or in any other
to be a carbon copy is not competent evi-
case, although no physical injuries have
dence. It is bec. there is no public officer ac-
been inflicted, and the seconds who shall in
knowledging the accuracy of the copy. [Val-
all events be punished as accomplices. [Art.
larta v. CA, GR L-36543. July 27, 1988].
260, RPC].
Duplicity (or Multiplicity) of charges. A sin-
Dumping. 1. Any unauthorized or illegal dis-
gle complaint or information that charges
posal into any body of water or land of
more than one offense. [Loney v. People,
wastes or toxic or hazardous material: Pro-
GR 152644, Feb. 10, 2006].
vided, That it does not mean a release of ef-
fluent coming from commercial, industrial, Dura lex sed lex. Lat. The law is hard but
and domestic sources which are within the such is the law.
effluent standards. [Sec 4, RA 9275]. 2. Any
deliberate disposal at sea and into navigable Duress. 1. Force, violence or pressure which
waters of wastes or other matter from ves- induces a person to act in a manner contra-
ry to his own wish. [Torres, Oblig. & Cont.,
sels, aircraft, platforms or other man-made
structures at sea, incl. the disposal of 2000 Ed., p. 349]. 2. A situation under which
wastes or other matter directly arising from a person is prevented from acting [or not
or related to the exploration, exploitation and acting] acc. to his free will, by threats or
associated off-shore processing of sea bed force of another. Contracts signed under du-
ress are voidable.
mineral resources unless the same is per-
mitted and/or regulated under PD 979. [Sec. Dust. A finely powdered substance which,
3, PD 979]. 3. Selling exported goods at when mixed with air in the proper proportion
prices below their normal value. and ignited will cause an explosion. [Sec. 3,
Dumping duty. A duty levied on imported PD 1185; Sec. 3, RA 9514].
goods where it appears that a specific kind Duster. 1. House dress. [People v. Sadang,
or class of foreign article is being imported GR 105378. June 27, 1994]. 2. A loose kind
into or sold or is likely to be sold in the Phils. of dress. [People v. Arizala, GR 59713. Mar.
at a price less than its fair value. [Sec. 301, 15, 1982].
TCC].
Duties of attorneys. It is the duty of an attor-
Dunnage. A term related to the placing of ney: (a) To maintain allegiance to the Rep.
lumber under the cargo to protect the same of the Phils. and to support the Consti. and
from the water coming into the hold of the obey the laws of the Phils.; (b) to observe
vessel or in bet. the different parcels of car- and maintain the respect due to the courts
go to prevent them from injuring each other. of justice and judicial officers; (c) to counsel
[First Plywood Corp., GR 84460. Nov. 13, or maintain such actions or proceedings on-
1992]. ly as appear to him to be just, and such de-
fenses only as he believes to be honestly

319
debatable under the law; (d) to employ, for ration and location of posting or assignment
the purpose of maintaining the causes con- and the authorized bonded firearm custodi-
fided to him, such means only as are con- an for the juridical entity to whom such fire-
sistent with truth and honor, and never seek arm is turned over after the lapse of the or-
to mislead the judge or any judicial officer by der. [Sec. 3, RA 10591].
an artifice or false statement of fact or law;
Duty free. Exempt from duty.
(e) to maintain inviolate the confidence, and
at every peril to himself, to preserve the se- Duty free shop. A retail establishment located
crets of his client, and to accept no compen- within the premises of intl. ports of entry,
sation in connection with his client's busi- airport or seaport, authorized to sell tax and
ness except from him or with his knowledge duty-free merchandise, consisting of con-
and approval; (f) to abstain from all offensive sumables and light durables, for the conven-
personality and to advance no fact prejudi- ience of travelers. Such establishments
cial to the honor or reputation of a party or have been introduced to special economic
witness, unless required by the justice of the zones in Subic and Clark on contention that
cause with which he is charged; (g) not to these are permissible on free port areas.
encourage either the commencement or the [Customs AO 3-95, Dec. 6, 1995].
continuance of an action or proceeding, or
delay any man's cause, from any corrupt Duty to bargain collectively. The perfor-
motive or interest; (h) never to reject, for any mance of a mutual obligation to meet and
consideration personal to himself, the cause convene promptly and expeditiously in good
of the defenseless or oppressed; (i) in the faith for the purpose of negotiating an
agreement with respect to wages, hours of
defense of a person accused of crime, by all
fair and honorable means, regardless of his work and all other terms and any grievances
personal opinion as to the guilt of the ac- or questions arising under such agreement
and executing a contract incorporating such
cused, to present every defense that the law
permits, to the end that no person may be agreements if requested by either party, but
deprived of life or liberty, but by due process such duty does not compel any party to
of law. [Sec. 20, Rule 138, RoC]. agree to a proposal or to make any conces-
sion. [Art. 252, LC].
Duty. 1. A legal or moral obligation, mandatory
DVD. See Digital Video Disk.
act, responsibility, charge, requirement,
trust, chore, function, commission, debt, lia- Dwelling. 1. A building designed or used as
bility, assignment, role, pledge, dictate, of- residence for one or more families. [Sec. 3,
fice, [and] engagement. [Enriquez v. CA, GR BP 220]. 2. A building or structure, exclu-
140473, Jan. 28, 2003]. 2. Taxation. An indi- sively used for rest and comfort. [People v.
rect tax, imposed on the importation, expor- Joya, GR 79090. Oct. 1, 1993].
tation, or consumption of goods. [Garcia v.
Exec. Sec., GR 101273. July 3, 1992]. 2. A Dwelling house. 1. An entire thing; it includes
legal or moral obligation, mandatory act, re- the buildings, and such attachments as are
sponsibility, charge, requirement, trust, usu. occupied and used for the family for the
chore, function, commission, debt, liability, ordinary purposes of a house. [Caudal v.
assignment, role, pledge, dictate, office, CA, GR 83414. July 31, 1989]. 2. In law, it
(and) engagement. [Enriquez v. CA, GR may embrace the dwelling itself and such
140473, Jan. 28, 2003]. buildings as are used in connection with it.
[Ibid.].
Duty detail order. A document issued by the
juridical entity or employer wherein the de- Dwelling unit. A house and lot used for resi-
tails of the disposition of firearm is spelled- dential purposes and shall include not only
out, thus indicating the name of the employ- buildings, parts or units thereof used solely
ee, the firearm information, the specific du- as dwelling places, except motels, or hotel

320
rooms; but also those used for home indus-
tries or retail stores if the owner thereof and
his family actually live therein and use it
principally for dwelling purposes. [Sec. 2,
RA 6359; Sec. 2, RA 6126].
Dying. On the point of death.
Dying declaration. The declaration of a dying
person, made under the consciousness of
an impending death with respect to the
cause and surrounding circumstances of
such death, which is admissible as an ex-
ception to the hearsay rule. [People v. Apo-
linario, GR 97426. June 3, 1993; Sec. 37,
Rule 130, RoC]. Also known as Ante mor-
tem statement or Statement in articulo
mortis.
Dying declaration. Requisites: (a) The decla-
ration must concern the cause and sur-
rounding circumstances of the declarant's
death; (b) the declarant, at the time the dec-
laration was made, was under the con-
sciousness of an impending death; (c) the
declarant is competent as a witness; and (d)
the declaration is offered in a criminal case
wherein the declarant's death is the subject
of inquiry [People v. Clamor, GR 82708. July
1, 1991].
Dyspareunia. Legal Med. Painful sexual inter-
course in women. [Olarte, Legal Med., 1st
Ed. (2004), p. 115].

321
ways, incl. expressways or limited access
-E- roads.
Earliest opportunity. The general rule is that Early warning system. The set of capacities
the question of constitutionality must be needed to generate and disseminate timely
raised at the earliest opportunity, so that if and meaningful warning information to ena-
not raised by the pleadings, ordinarily it may ble individuals, communities and orgs.
not be raised at the trial, and if not raised in threatened by a hazard to prepare and to
the trial court, it will not be considered on act appropriately and in sufficient time to re-
appeal. [People v. Vera, 37 OG, 164]. duce the possibility of harm or loss. A peo-
ple-centered early warning system neces-
Earliest opportunity. Exceptions: (a) In crimi-
sarily comprises 4 key elements: (a)
nal cases where the question may be raised
knowledge of the risks; (b) monitoring, anal-
at any stage of the proceedings, either in the
ysis and forecasting of the hazards; (c)
trial court or on appeal; (b) in civil cases
communication or dissemination of alerts
where it is the duty of the court to pass upon
and warnings; and (d) local capabilities to
the constitutional question, although raised
respond to the warnings received. [Sec. 3,
for the 1st time on appeal, if it appears that
RA 10121].
a determination of the question is necessary
to a decision of the case; and (c) it has also Earn. To obtain money in return for labor or
been held that a constitutional question will services.
be considered by an appellate court at any
Earned leave. Leave earned in accordance
time, where it involves the jurisdiction of the
with conditions of employment and not taken
court below. [People v. Vera, 37 OG, 164].
at the time of severance.
Early childhood care and development
Earned surplus. Earnings not paid out as
(ECCD) system. The full range of health,
dividends but instead reinvested in the core
nutrition, early education and social services
business or used to pay off debt. See Re-
pro-grams that provide for the basic holistic
tained earnings.
needs of young children from birth to age 6,
to pro-mote their optimum growth and de- Earnest. Marked by or showing deep sincerity
velopment. [Sec. 4, RA 8980]. or seriousness.
Early neutral evaluation. An alternative dis- Earnest money. Also Arras. A statutory rule
pute resolution (ADR) process wherein par- that whenever ear-nest money is given in a
ties and their lawyers are brought together contract of sale, it shall be considered as
early in a pre-trial phase to present summar- part of the price and as proof of the perfec-
ies of their cases and receive a non-binding tion of the contract. [Art. 1482, CC]. It consti-
assessment by an experienced, neutral per- tutes an advance payment and must, there-
son, with expertise in the subject in the sub- fore, be deducted from the total price. Also,
stance of the dispute. [Sec. 3, RA 9285]. earnest money is given by the buyer to the
seller to bind the bargain. [Adelfa Properties
Early warning device (EWD). A device con-
v. CA, GR 111238. Jan. 25, 1995].
sisting of a triangular, collapsible reflector-
ized plates in red and yellow colors at least Earnings. A general term embracing revenue
5 cms. at the base and 40 cms. at the sides profit, or income. [RCPI v. Natl. Wages
required to be installed by the owner, user Council, GR 93044. Mar. 26, 1992].
or driver of a moror vehicle at least 4 meters
Easement. Also Servitude. 1. An encum-
away to the front and rear of such vehicle
whenever it is stalled, disabled or parked for brance imposed upon an immovable for the
30 minutes or more on any street or high- benefit of another immovable belonging to a
different owner. [Art. 613, CC]. 2. A real right
on another's property, corporeal and im-

322
movable, whereby the owner of the latter udicial to the servient estate, and in so far
must refrain from doing or allowing some- as consistent with this rule, where the dis-
body else to do or something to be done on tance from the dominant estate to a public
his property, for the benefit of another per- highway may be the shortest. [Locsin v.
son or tenement. [Quimen v. CA, GR Climaco, GR L-27319 Jan. 31, 1969].
112331. May 29, 1996]. 3. A right of pas-
Easements; how extinguished. (a) By mer-
sage over a neighbor's land or waterway. An
ger in the same person of the ownership of
easement is a type of servitude. For every
the dominant and servient estates; (b) by
easement, there is a dominant and a servi-
nonuser for 10 years; with respect to discon-
ent tenement. Easements are also classified
tinuous easements, this period shall be
as negative (which prevents the servient
computed from the day on which they
land owner from doing certain things) or af-
ceased to be used; and, with respect to con-
firmative easements (the most common,
tinuous easements, from the day on which
which allows the beneficiary of the ease-
an act contrary to the same took place; (c)
ment to do certain things, such as a right-of-
when either or both of the estates fall into
way). Although right-of-ways are the most
such condition that the easement cannot be
common easements, there are many others
used; but it shall revive if the subsequent
such as rights to tunnel under another's
condition of the estates or either of them
land, to use a washroom, to emit smoke or
should again permit its use, unless when the
fumes, to pass over with transmission tow-
use becomes possible, sufficient time for
ers, to access a dock and to access a well.
prescription has elapsed, in accordance with
Easement of light. Also Jus luminum. The the provisions of the preceding number; (d)
right to pierce the wall of one's neighbor to by the expiration of the term or the fulfillment
open a window through which the light may of the condition, if the easement is tempo-
enter one's house. [Cortes v. Yu-Tibo, GR rary or conditional; (e) by the renunciation of
911. Mar. 12, 1903]. the owner of the dominant estate; (f) by the
redemption agreed upon bet. the owners of
Easement of right of way. A type of ease-
the dominant and servient estates. [Art. 631,
ment granted or reserved over the land for
CC].
transportation purposes, such as for a foot-
way, carriageway, trail, driveway, rail line or ECC. See Employees' Compensation
highway. Commission or Environmental Compli-
ance Certificate.
Easement of right of way. Requisites for a
valid grant: (a) The dominant estate is sur- ECCD. See Early childhood care and devel-
rounded by other immovables without an opment (ECCD) system.
adequate outlet to a public highway; (b) the
ECCD curriculum. The age-appropriate and
dominant estate is willing to pay the proper
developmentally appropriate educational ob-
indemnity; (c) the isolation was not due to
jectives, pro-gram of activities, organized
the acts of the dominant estate; and, (d) the
learning experiences and recommended
right of way being claimed is at a point least
learning materials for children that are im-
prejudicial to the servient estate. [Costabella
plemented by service providers through cen-
Corp. v. CA, GR 80511, Jan. 25, 1991].
ter and home-based programs. [Sec. 4, RA
Easement of right of way. Requisites for 8980].
claiming: (a) The estate is surrounded by
ECCD service providers. The various profes-
other immovables and is without adequate
sionals, paraprofessionals, and volunteer
outlet to a public highway; (b) after payment
caregivers who are directly responsible for
of the proper indemnity; (c) the isolation was
the care and education of young children
not due to the proprietor's own acts; and (d)
the right way claimed is at a point least prej-

323
through the various center and home-based Ecology. The life-sustaining interrelationships
programs. [Sec. 4, RA 8980]. and interactions of organisms with each
other and with their physical surroundings.
Ecclesiastical. Of or relating to the Christian
[Sec. 3, RA 7611].
Church or its clergy.
E-commerce. Economic transactions orga-
Ecclesiastical affair. One that concerns doc-
nized through the Internet. See Electronic
trine, creed or form of worship of the church,
commerce.
or the adoption and enforcement within a re-
ligious assoc. of needful laws and regula- Economic abuse. Acts that make or attempt
tions for the govt. of the membership, and to make a woman financially dependent
the power of excl. from such assocs. those which includes, but is not limited to the fol-
deemed unworthy of membership. [United lowing: (a) Withdrawal of financial support or
Church of Christ in the Phils., Inc. v. Brad- preventing the victim from engaging in any
ford United Church of Christ, Inc., GR legitimate profession, occupation, business
171905, June 20, 2012]. or activity, except in cases wherein the other
spouse or partner objects on valid, serious
Ecclesiastical corporation. A corp. organized
and moral grounds as defined in Art. 73 of
fore religious purposes. [Sec. 109, Corp.
the Family Code; (b) deprivation or threat of
Code]. Compare with Lay corporation.
deprivation of financial resources and the
Ecclesiastical law. Canon law: the body of right to the use and enjoyment of the conju-
codified laws governing the affairs of a gal, community or property owned in com-
Christian church. See Canon law. mon; (c) destroying household property; 4.
controlling the victims' own money or prop-
Eclectic. Deriving ideas, style, or taste from a
erties or solely controlling the conjugal mon-
broad and diverse range of sources. ey or properties. [Sec. 3, RA 9262].
Eclectic theory. A theory which is complex Economic and socialized housing. A type of
since it borrows and combines elements
housing project provided to moderately low
from other existing theories. See Situs the- in-come families with lower interest rates
ory. and longer amortization periods. [Sec. 3, BP
Eclecticism. Theory that intl. law is derived 220].
from both natural law bec. certain rights and Economic community. A group of states that
duties are inherent and positive law bec. the
have (a) eliminated trade barriers bet. them-
obligation to observe intl. law is voluntary. selves and (b) established a common exter-
Ecological. Characterized by the interde- nal tariff.
pendence of living organisms in an envi-
Economic family size fishpond. An area of
ronment. fishpond that permits the sufficient use of
Ecological profile or Eco-profile. Geograph- labor and capital resources of a family and
ic-based instruments for planners and deci- will produce an income sufficient to provide
sion-makers which presents an evaluation of a modest standard of living to meet a fami-
the environmental quality and carrying ca- ly's need for food, clothing, shelter, health
pacity of an area. [Sec. 3, RA 7942]. and education with allowance for payment of
yearly installments on the area, and reason-
Ecologically-sound. A state, quality or condi- able reserves to absorb yearly fluctuations
tion of a product, practice, system, devel- in income. [Sec. 3, PD 43].
opment mode, culture, environment and the
like, in accord with the 1987 Phil. Consti., Economic family-sized farm units. An area
and as expounded in the above definition of of farm land that permits efficient use of la-
organic agriculture. [Sec. 3, RA 10068]. bor and capital resources of the farm family
and will produce an income sufficient to pro-

324
vide a modest standard of living to meet a Economically repairable. That condition of
farm family's needs for food, clothing, shel- supplies or property which can still be re-
ter, and education with possible allowance paired or rehabilitated at a reasonable cost
for payment of yearly installments on the or that in which the cost of repair or rehabili-
land, and reasonable reserves to absorb tation would not exceed 60% of the acquisi-
yearly fluctuations in income. [Sec. 166, RA tion cost of the item to be repaired or reha-
3844]. bilitated. Changes in monetary rates should
be considered in the computation of cost.
Economic housing. A type of housing project
[IRR on Supply & Prop. Mgt., per Sec. 383,
with lower interest rates and longer amorti-
LGC].
zation periods provided to moderately low -
income families, as defined under existing Economically unproductive farm. A coconut
laws, rules and regulations. [Sec. 3, RA area where the cost of farm production and
9904]. maintenance is greater than the generated
proceeds or income for a period of at least 3
Economic life. The estimated period over
years. [Sec. 3, RA 8048].
which it is anticipated that a machinery may
profitably be utilized. [Sec. 3, PD 464]. Economies of scale. The decrease in unit
cost as more units are produced due to the
Economic nationalism. Ideals: (a) By ex-
spreading out of fixed costs over a greater
pressing preference in favor of qualified Fili-
number of units produced. [Sec. 4, RA
pinos in the grant of rights, privileges and
8435].
concessions covering the natl. economy and
patrimony and in the use of Filipino labor, Ecosystem. The ecological community con-
domestic materials and locally-produced sidered together with non-living factors and
goods; (b) by mandating the State to adopt its environment as a unit.
measures that help make them competitive;
Ecstasy. The term by which Methylenediox-
and (c) by requiring the State to develop a
ymethamphetamine, an empathogenic drug
self-reliant and independent natl. economy
of the phenethylamine and amphetamine
effectively controlled by Filipinos. [Tañada v.
classes of drugs, has become widely known,
Angara, GR 118295. May 2, 1997].
usu. referring to its street pill form. See
Economic scale. The minimum quantity or Methylenedioxymethamphetamine.
volume of goods required to be efficient.
EDP. See Electronic Data Processing.
[Sec. 4, RA 8435].
Education Act of 1982. BP 232 entitled ―An
Economic strike. Labor. A strike which is to
Act providing for the establishment and
force wage or other concessions from the
maintenance of an integrated system of ed-
employer which he is not required by law to
ucation‖ enacted on Sep. 11, 1982.
grant. [Consolidated Labor Assoc. of the
Phils. v. Marsman and Co., Inc., GR L- Educational Assistance Act of 1976. PD
17038 July 31, 1964 ]. 932, also known as the "Study Now Pay
Later Plan," signed into law on May 13,
Economic zone. The special economic zones,
1976.
industrial estates, ex-port processing zones
and free trade zones as defined in RA 7916 Educational community. Those persons or
or the PEZA Law. [Sec. 3, RA 9239]. groups of persons as such or associated in
institutions involved in organized teaching
Economically important species. Species or
and learning systems. [Sec. 6, BP 232].
subspecies which have actual or potential
value in trade or utilization for commercial Educational corporation. A stock or non-
purpose. [Sec. 5, RA 9147]. stock corp. organized to provide facilities for
teaching or instruction. It maintains a regular

325
faculty and curriculum and have a regular session of the territory. Thereafter, they
organized body of pupils or students, or at- must establish thereon an org. or govt. ca-
tendance at the place where the educational pable of making its laws respected. [Sando-
activities are regularly carried on. [Diaz, val, Pol. Law Reviewer 2003].
Bus. Law Rev., 1991 Ed., p. 296].
Effectivity. Power to be effective; the quality
Educational Loan Fund. Funds made availa- of being able to bring about an effect.
ble by lending institutions to service the fi-
Effectivity clause. That part of the statute
nancial needs of the eligible students. [Sec.
which announces the effective date of the
1, PD 932].
law.
Educational Loan Guarantee Fund. The
Effectivity of laws. Under Art. 2 of the Civ.
funds to be made available by the govt. for
Code, the publication of laws must be made
lending institutions to avail in case of de-
in the Official Gazette, and not elsewhere,
faults in payments of obligations. [Sec. 1,
as a requirement for their effectivity, after 15
PD 932].
days from such publication or after a differ-
Effective. 1. Successful in producing a desired ent period provided by the legislature. [Ta-
or intended result. 2. Operative; in effect. ñada v. Tuvera, GR L-63915. Dec. 29,
1986].
Effective absence. One that renders the of-
ficer concerned powerless, for the time be- Efficient. 1. Achieving maximum productivity
ing, to discharge the powers and preroga- with minimum wasted effort or expense. 2.
tives of his office. [Bautista v. Garcia, GR L- Working in a well-organized and competent
20389, Oct. 31, 1962]. way.
Effective command and control or Effective Efficient concurring cause. A cause which
authority and control. Having the material was operative at the moment of the injury
ability to prevent and punish the commission and acted contemporaneously with another
of offenses by subordinates. [Sec. 3, RA to produce the injury, and which was an effi-
9851]. cient cause in the sense that except for it,
the injury would not have occurred.
Effective nationality principle. Intl. Law. The
principle expressed in Art. 5 of the Hague Efficient Use of Paper Rule. AM 11-9-4-SC
Convention of 1930 on the Conflict of Na- promulgated by the Sup. Court on Nov. 13,
tionality Laws as follows: ―Art. 5. Within a 2012 which requires ―All pleadings, motions,
3rd State a person having more than one and similar papers intended for the court
nationality shall be treated as if he had only and quasi-judicial body's consideration and
one. Without prejudice to the application of action [court-bound papers] shall be written
its law in matters of personal status and of in single space with a one-and-a-half space
any convention in force, a 3rd State shall, of bet. paragraphs, using an easily readable
the nationalities which any such person font style of the party's choice, of 14-size
possesses, recognize exclusively in its terri- font, and on a 13-inch by 8.5-inch white
tory either the nationality of the country in bond paper.
which he is habitually and principally resi-
Effluent. 1. Discharge from known sources
dent or the nationality of the country with
which is passed into a body of water or land,
which in the circumstances he appears to be
or waste water flowing out of a manufactur-
in fact most closely connected.‖ [Frivaldo v.
ing plant, industrial plant incl. domestic,
Comelec, GR 87193. June 23, 1989].
commercial and recreational facilities. [Sec
Effective occupation doctrine. Intl. Law. The 4, RA 9275]. 2. Any wastewater, partially or
nationals of the discovering state, in its completely treated or any liquid flowing out
name or by its authority, must first take pos- of mining mill operations, wastewater treat-

326
ment plants or tailings disposal system. he does not observe the requirement in No.
[Sec. 4, DENR AO 95-23]. 2 of Art. 1657 of the Civ. Code, as regards
the use thereof. [Art. 1673, CC].
Effluent standard. 1. Any legal restriction or
limitation on quantities, rates, and/or con- Ejectment suit. A suit brought before the
centrations or any combination thereof, of proper inferior court to recover physical pos-
physical, chemical or biological parameters session only or possession de facto and not
of effluent which a person or point source is possession de jure, where dispossession
allowed to discharge into a body of water or has lasted for not more than one year. [De
land. [Sec 4, RA 9275]. 2. Restrictions es- Leon v. CA, GR 96107. June 19, 1995].
tablished to limit levels of concentration of
Ejusdem generis. Stat. Con. Lat. Of the same
physical, chemical and biological constitu-
kind or species. A rule of construction that
ents which are discharged from point
aids in ascertaining the meaning of a statute
sources. [Sec. 62, PD 1152].
such that where an enumeration of specific
Ei incumbit probatio non qui negat. Lat. He things is followed by some more general
who asserts - not he who denies - must word or phrase, such word or phrase is to
prove. A fundamental evidentiary rule in be held to refer to things of the same kind.
criminal law that the prosecution has the
Ejusdem generis doctrine. Stat. Con. The
onus probandi of establishing the guilt of the
doctrine under which where general terms
accused. [People v. Parel, GR 108733. Sep.
follow the designation of particular things or
16, 1996]. Also Ei incumbit probatio qui
classes of persons or subjects, the general
dicit, non qui negat.
term will be construed to comprehend those
Ei incumbit probatio qui dicit, non qui things or persons of the same class or of the
negat. Lat. 1. The burden of the proof lies same nature as those specifically enumer-
upon him who affirms, not he who denies. 2. ated. [Napocor v. Angas, GR 60225-26 May
He who asserts, not he who denies, must 8, 1992].
prove, [People v. Ignacio, GR 90318 July
El deudor de mi deudor es deudor mio. Sp.
24, 1992].
My debtor's debtor is my own debtor. This
Eight-Hour Labor. CA 444, as amended. legal maxim finds sanction in Art. 1177, New
[Expressly repealed by the Labor Code]. Civ. Code which provides that "creditors, af-
ter having pursued the property in posses-
Eject. 1. To throw out forcefully; expel. 2. To
sion of the debtor to satisfy their claims, may
compel to leave.
exercise all the rights and bring all the ac-
Ejection. Expulsion: the act of expelling or tions of the latter (debtor) for the same pur-
projecting or ejecting. pose, save those which are inherent in his
person; they may also impugn the acts
Ejectment. The legal remedy available to the which the debtor may have done to defraud
owner of a piece of land to remove persons them. [Goldstar Mining Co., Inc. Lim-Jimena
in possession who have no right to be there. v. GR L-25301, Oct. 26, 1968].
El diablo. Firecrackers tubular in shape about
Ejectment. Grounds: (a) When the period 1 ¼ inches in length and less than ¼ inch in
agreed upon, or that which is fixed for the diameter with a wick; also known as labinta-
duration of leases under Arts. 1682 and dor [Sec. 2, RA 7183].
1687, has expired; (b) lack of payment of
the price stipulated; (c) violation of any of El penado. Sp. Delicuente condenado a una
the conditions agreed upon in the contract; pena. Eng. a convict or a person already
(d) when the lessee devotes the thing sentenced by final judgment. [Baking v. Dir.
leased to any use or service not stipulated of Prisons, GR L-30364. July 28, 1969].
which causes the deterioration thereof; or if

327
El que es causa de la causa es causa del tions and responsibilities. [Suarez, Pol. Law
mal causado. Sp. He who is the cause of Reviewer, 1st Ed., 2002, p. 2].
the cause is the cause of the evil caused.
Election of remedies doctrine. A doctrine
One is liable for all the direct and natural
developed to prevent a plaintiff from a dou-
consequences of his unlawful act even if the
ble recovery for a loss, making the person
ultimate result had not been intended. (Peo-
pursue only one remedy in an action. Alt-
ple v. Ural, GR L-30801, Mar. 27, 1974].
hough its application is not restricted to any
Elder. Of a greater age. particular cause of action, it is most com-
monly employed in contract cases involving
Elderly. Old or aging. See Senior citizen.
fraud, which is a misrepresentation of a ma-
Elect. 1. To select by vote for an office or for terial fact that is intended to deceive a per-
membership. 2. To pick out; select. son who relies on it.
Election. 1. A choosing or a selection by those Election protest. 1. An election contest involv-
having a right to participate [in the selection] ing the election and returns of municipal
of those who shall fill the offices, or of the elective officials, grounded on fraud or irreg-
adoption or rejection of any public measures ularities committed in the conduct of the
affecting the territory involved. [Javellana v. elections, i.e., in the casting and the count-
Exec. Sec., GR L-36142. Mar. 31, 1973]. 2. ing of the ballots, in the consolidation of
Choice; selection. The selection of one per- votes and in the canvassing of returns, not
son from a specified class to discharge cer- otherwise classified as a pre-proclamation
tain duties in a state, corp., or a society. controversy cognizable by the Comelec. The
[Quiem v. Seriña, GR L-22610. June 30, issue is who obtained the plurality of valid
1966]. votes cast. [Sec. 3, Rule 1, AM 10-4-1-SC,
May 4, 2010]. 2. Strictly a contest bet. the
Election campaign or Partisan political defeated and the winning candidates, based
activity. An act designed to promote the
on the grounds of electoral frauds and irreg-
election or defeat of a particular candidate ularities, to determine who bet. them has ac-
or candidates to a public office. [Bugtong, tually obtained the majority of the legal votes
Diosdado C., CSC Res. 97-0807, Jan. 28, cast and is entitled to hold the office. It can
1997]. only be filed by a candidate who has duly
Election contests. 1. Election protests or filed a certificate of candidacy and has been
petitions for quo warranto. [Sec. 3, Rule 1, voted for in the preceding elections. [Lokin
AM 10-4-1-SC, May 4, 2010]. 2. Adversary v. Comelec, GR 179431-32, GR
proceedings by which matters involving the 180443, June 22, 2010].
title or claim of title to an elective office, Election returns. 1. A machine-generated
made before or after proclamation of the document showing the date of the election,
winner, is settled whether or not the con- the province, municipality and the precinct in
testant is claiming the office in dispute and which it is held and the votes in figures for
in the case of elections of barangay officials,
each candidate in a precinct directly pro-
it is restricted to proceedings after the proc- duced by the counting machine. [Sec. 2, RA
lamation of the winners as no pre- 8436]. 2. A document showing the date of
proclamation controversies are allowed. the election, the municipality in which it is
[Taule v. Santos, GR 90336. Aug. 12, 1991]. held, and other data, and containing the
Election law. A study of law, rules and proce- votes in words and in figures for each can-
dures involving the conduct of election of all didate in a precinct. [Sec. 2, RA 8046]. 2.
public officials who will exercise the powers The document showing the date of the elec-
of govt. as allocated to and within their function, the province, city, municipality and the
period in which it is held, and the votes in

328
figures for each candidate in a precinct or trols the supply of electric energy. [Sec. 2,
clustered precincts. [The 2010 Rules of the RA 7920].
PET, Rule 2, AM 10-4-29-SC, May 4, 2010].
Electrical. 1. Operating by or producing elec-
Elective officials. [Those who] occupy their tricity. 2. Concerned with electricity.
office by virtue of the mandate of the elec-
Electrical arc. An extremely hot luminous
torate. They are elected to an office for a
bridge formed by passage of an electric cur-
definite term and may be removed therefrom
rent across a space bet. 2 conductors or
only upon stringent conditions. [Fariñas v.
terminals due to the incandescence of the
Exec. Sec., GR 147387. Dec. 10, 2003].
conducting vapor. [Sec. 3, PD 1185; Sec. 3,
Compare with Appointive officials.
RA 9514].
Electoral processes. Election-related activi-
Electrical engineering, Practice of. A person
ties and proceedings incl. registration, can-
is deemed to be in the practice of electrical
didacy, campaign, voter education and cast-
engineering when he renders or offers to
ing of vote
render professional electrical engineering
Electoral. Of or relating to elections or elec- service. [Sec. 2, RA 7920].
tors.
Electrical system design. The choice of elec-
Electorate. All the people entitled to vote in an trical systems, incl. planning and detailing of
election. requirements for protection, control, monitor-
ing, coordination and interlocking of electri-
Electric. Of, worked by, charged with, or pro-
cal systems among others. [Sec. 2, RA
ducing electricity.
7920].
Electric cooperative. 1. An electric distribu-
Electrofishing. 1. The use of electricity gen-
tion utility organized and registered pursuant
erated by batteries, electric generators and
to PD 269, as amended, RA 9520, and other
other source of electric power to kill, stupefy,
related laws. [Sec. 4, RA 10531]. 2. A distri-
disable or render unconscious fishery spe-
bution utility organized pursuant to PD 269,
cies, whether or not the same are subse-
as amended, or as otherwise provided un-
quently recovered. [Sec. 4, RA 8550]. 2. The
der RA 9136. [Sec. 4, RA 9136].
use of electricity generated by dry-cell bat-
Electric locomotive. Power plant mounted on teries, electric generators or other sources
wheels as used in the railroad transportation of electric power to kill, stupefy, disable or
industry. [Sec. 2, RA 7920]. render unconscious fish or fishery or aquatic
products in both fresh and salt water areas.
Electric plant. An establishment or a system [Sec. 3, PD 704]. 3. The use of electricity
for the production and modification of elec-
generated by dry cell batteries, electric gen-
tric energy. [Sec. 2, RA 7920]. erators or other source of electric power to
Electric power industry participant. Any kill, stupefy, disable or render unconscious
person or entity engaged in the generation, fish or fishery or aquatic products. It shall in-
transmission, distribution or supply of elec- clude the use of rays or beams of whatever
tricity. [Sec. 4, RA 9136]. nature, form or source of power. [Sec. 1, PD
534].
Electric Power Industry Reform Act (EPIRA)
of 2001 or RA 9136. The law mandating the Electronic. Of, implemented on, or controlled
restructuring of the electric power sector and by a computer or computer network.
the privatization of the Natl. Power Corp. Electronic commerce. Commonly known as
Electric supply equipment. Any equipment e-commerce, it is a type of industry where
which produces, modifies, regulates, or con- buying and selling of product or service is

329
conducted over electronic systems such as PCOS and consolidation machines. [Sec. 3,
the internet and other computer networks. Rule 1, AM 10-4-1-SC, May 4, 2010]. 3. In-
formation or the representation of infor-
Electronic Commerce Act. RA 8792 entitled
mation, data, figures, symbols, or other
―An Act providing for the recognition and use
modes of written expression, described or
of electronic commercial and non-
however represented, by which a fact may
commercial transactions and documents,
be proved and affirmed, which is received,
penalties for unlawful use thereof and for
recorded, transmitted, stored, processed, re-
other purposes‖ enacted on June 14, 2000.
trieve, or produced electronically and in-
Electronic data. 1. Data in general that is cludes digitally signed documents and any
exchanged via electronic communication print-out or output, readable by sight or oth-
lines. 2. Digital data in particular. 3. Com- er means, which accurately reflects the elec-
puter-processable data as opposed to exe- tronic document. [The 2010 Rules of the
cutable code. PET, Rule 2, AM 10-4-29-SC, May 4, 2010].
Electronic data message. Information gener- Electronic Election Returns. Copies of the
ated, sent, received or stored by electronic, election returns in electronic form generated
optical or similar means. [Sec. 5, RA 8792]. by the PCOS machine and electronically
transmitted to the Municipal or City Board of
Electronic Data Processing (EDP). The use Canvassers for the official canvass, to con-
of automated methods to process commer- duct a parallel count, and the Kapisanan ng
cial data. Typically, this uses relatively sim- mga Brodkaster sa Pilipinas (KBP). [The
ple, repetitive activities to process large vol- 2010 Rules of the PET, Rule 2, AM 10-4-29-
umes of similar information.
SC, May 4, 2010].
Electronic document. 1. Information or the Electronic key. A secret code which secures
representation of information, data, figures, and defends sensitive information that
symbols or other modes of written expres-
crossover public channels into a form deci-
sion, described or however represented, by pherable only with a matching electronic
which a right is established or an obligation key. [Sec. 5, RA 8792].
extinguished, or by which a fact may be
prove and affirmed, which is receive, rec- Electronic mail (Email). The sending and
orded, transmitted, stored, processed, re- receiving of typewritten messages from one
trieved or produced electronically. [Sec. 5, screen to another. Email is usually handled
RA 8792]. 2. The record of information or by a webmail service (e.g. Gmail or Yahoo-
the representation of information, data, fig- mail), or an installed software package (e.g.
ures, symbols or other modes of written ex- Microsoft Outlook).
pression, described or however represent-
Electronic signature. Any distinctive mark,
ed, by which a fact may be proved and af-
characteristic and/or sound in electronic
firmed, which is received, recorded, trans-
from, representing the identity of a person
mitted, stored, processed, retrieve or pro-
and attached to or logically associated with
duced electronically. It includes digitally-
the electronic data message or electronic
signed documents and any printout or out-
document or any methodology or proce-
put, readable by sight or other means, that
dures employed or adopted by a person and
accurately reflects the electronic document.
executed or adopted by such person with
For purposes of the Rules, an electronic
the intention of authenticating or approving
document refers to either the picture image
an electronic data message or electronic
of the ballots or the electronic copies of the
document. [Sec. 5, RA 8792].
election returns, the statements of votes, the
certificates of canvass, the audit log, and Electronic transmission. The act of convey-
other electronic data processed by the ing data in electronic form from one location

330
to another. [The 2010 Rules of the PET, exercising parental authority and the minor
Rule 2, AM 10-4-29-SC, May 4, 2010; Sec. at least 18 years of age. Such emancipation
3, Rule 1, AM 10-4-1-SC, May 4, 2010]. shall be irrevocable. [Art. 234, FC]. 2. The
act of freeing a person who is under the le-
Eleemosynary. Of, relating to, or dependent gal authority of another such as a child be-
on charity; charitable. fore the age of majority from that control
such as a child reaching the age of majority.
Eleemosynary corporation. A corp. estab-
The term was also used, when slavery was
lished for or devoted to charitable purposes
legal, to describe a former slave that had
or those supported by charity. [De Leon,
Corp. Code of the Phil. Annotated, 1989 bought or been given freedom from his mas-
ter.
Ed., p. 39]. Compare with Civil corpora-
tion. Emancipation Patent (EP). 1. A title issued by
DAR to farmer-beneficiaries upon fulfillment
Elementary education. 1. The 2nd stage of
of all govt. requirements covered by PD
compulsory basic education which is com-
27. The title symbolizes the tiller's full
posed of 6 years. The entrant age to this
emancipation from the bondage of tenancy.
level is typically 6 years old. [Sec. 4, RA
2. It constitutes conclusive authority for the
10533]. 2. The 1st stage of compulsory,
formal education primarily concerned with issuance of an OCT, or a TCT, in the name
of the grantee. Clearly, it is only after com-
providing basic education and usu. corre-
pliance with the conditions (in the certificate
sponding to 6 or 7 grades, incl. pre-school
of land transfer under PD 27) which entitle a
programs. [Sec. 20, BP 232].
farmer or grantee to an emancipation patent
Elements of a crime. Specific factors that that he acquires the vested right of absolute
define a crime which the prosecution must ownership in the landholding - a right which
prove beyond a reasonable doubt in order to has become fixed and established, and is no
obtain a conviction: (a) that a crime has ac- longer open to doubt or controversy. At best,
tually occurred, (b) that the accused intend- the farmer or grantee, prior to compliance
ed the crime to happen, and (c) a timely re- with these conditions, merely possesses a
lationship bet. the 1st 2 factors. contingent or expectant right of ownership
over the landholding. [Pagtalunan v. Tama-
Eligibility. The state of being qualified or enti-
yo, GR 54281. Mar. 19, 1990].
tled to be chosen by election or appoint-
ment. Embalm. To treat a corpse with preservatives
in order to prevent decay.
Eligible. A person who obtains a passing
grade in a civil service examination or is Embalmer. A person who practices embalm-
granted a civil service eligibility and whose ing. [Sec. 89, PD 856].
name is entered in the register of eligibles.
Embalming. Preparing, disinfecting and pre-
[Sec. 5, Chap. 1, Subtitle A, EO 292; Sec. 3,
serving a dead body for its final disposal.
PD 807].
[Sec. 89, PD 856].
Email. Formerly spelled E-mail with a hyphen.
Embargo. Intl. Law. 1. The detention by the
See Electronic mail.
state seeking redress of the vessels of the
Emancipation. 1. It takes place by the attain- offending state or its nationals, whether
ment of majority. Unless otherwise provided, such vessels are found in the territory of the
majority commences at the age of 21 years. former or on the high seas. [Cruz, Intl. Law
Emancipation also takes place: (a) by the Reviewer, 1996 Ed., p. 126]. 2. An act of
marriage of the minor; or (b) by the record- intl. military aggression where an order is
ing in the Civil Register of an agreement in a made prohibiting ships or goods from leav-
public instrument executed by the parent ing a certain port, city or territory and may

331
be enforced by military threat of destroying sion or denial is to the injury of another, and
any vehicle that attempts to break it or by (d) that there be demand for the return of
trade penalties. The word has also come to the property, [Saddul v. CA, GR 91041. Dec.
refer to a legal prohibition of trade with a 10, 1990].
certain nation or a prohibition towards the
Emblem. The Red Cross, Red Crescent, and
use of goods or services produced by or
Red Crystal emblem. [Sec. 3, RA 10530].
within a certain nation.
Emergency. 1. Unforeseen or sudden occur-
Embattled. Prepared or fortified for battle or
rence, esp. danger, demanding immediate
engaged in battle.
action. [Sec. 3, RA 10121]. 2. An unfore-
Embattled area. An area such as a portion of seen combination of circumstances which
a province, city or municipality, where there calls for immediate action to preserve the
is actual or imminent danger of disorder, ri- life of a person or to preserve the sight of
ot, lawless violence, rebellious or seditious one or both eyes; the hearing of one or both
conspiracy, insurgency, subversion or other ears; or 1 or 2 limbs at or above the ankle or
criminal activities of such magnitude as to wrist. [Sec. 1, RA 9241]. 3. A condition or
greatly endanger lives and properties and state of a patient wherein based on the ob-
set back or hamper the progress and effec- jective findings of a prudent medical officer
tive implementation of the economic, social, on duty for the day there is immediate dan-
political and other development and reform ger and where delay in initial support and
programs therein. [Sec. 1, PD 1162]. treatment may cause loss of life or cause
permanent disability to the patient. [Sec. 2,
Ember. a hot piece or lump that remains after
RA 8344]. 4. Any event or occurrence
a material has partially burned, and is still
wherein the need for supplies or property
oxidizing without the manifestation of
has become exceptionally urgent or abso-
flames[Sec. 3, PD 1185; Sec. 3, RA 9514].
lutely indispensable and only to prevent im-
Embezzle. 1. To take money, for example, for minent danger to, or loss of, life or property.
one's own use in violation of a trust. 2. To [IRR on Supply & Prop. Mgt., per Sec. 383,
convert money or property entrusted to one LGC].
fraudulently to one's own use.
Emergency management. The org. and man-
Embezzlement. Crim. Law. 1. The illegal agement of resources and responsibilities
transfer of money or property that, although for addressing all aspects of emergencies,
possessed legally by the embezzler, is di- in particular preparedness, response and
verted to the embezzler personally by his initial recovery steps. [Sec. 3, RA 10121].
fraudulent action. 2. The fraudulent appro-
Emergency Medical and Dental Treatment
priation by a person to his own use or bene-
Law. RA 1054. [Expressly repealed by the
fit or property or money entrusted to him by
Labor Code].
another.
Emergency rule. Civ. Law. The rule under
Embezzlement. Crim. Law. Also Estafa with
which one who suddenly finds himself in a
abuse of confidence. Elements: (a) That
place of danger, and is required to act with-
personal property is received in trust, on
out time to consider the best means that
commission, for administration or under any
may be adopted to avoid the impending
other circumstance involving the duty to
danger, is not guilty of negligence, if he fails
make delivery of or to return the same, even
to adopt what subsequently and upon reflec-
though the obligation is guaranteed by a
tion may appear to have been a better
bond; (b) that there is conversion or diver-
method, unless the emergency in which he
sion of such property by the person who has
finds himself is brought about by his own
so received it or a denial on his part that he
negligence. [McKee v. IAC, GR 68102. July
received it; (c) that such conversion, diver-

332
16, 1992]. Also called Sudden emergency is by law entitled to receive bec. he holds
rule. such office or performed some service re-
quired of the occupant thereof. 2. The profit
Emergency treatment and support. Any
arising from office or employment; that
medical or surgical measure within the ca-
which is received as compensation for ser-
pability of the hospital or medical clinic that
vices or which is annexed to the possession
is administered by qualified health care pro-
of an office, as salary, fees and perquisites.
fessionals to prevent the death or perma-
[Phil. Consti. Assoc. v. Gimenez, GR L-
nent disability of a patient. [Sec. 2, RA
23326. Dec. 18, 1965].
8344].
Emotional. Arousing or characterized by in-
Emigrant. Any person, worker or otherwise,
tense feeling.
who emigrates to a foreign country by virtue
of an immigrant visa or resident permit or its Emotional neglect. [It occurs] when the child
equivalent in the country of destination. [Art. is maltreated, raped, seduced, exploited,
13, LC]. overworked, or made to work under condi-
tions not conducive to good health; or is
Emigrate. To leave one's own country in order
made to beg in the streets or public places;
to settle permanently in another.
or when children are in moral danger, or ex-
Eminent. Distinguished; outstanding; notable; posed to gambling, prostitution, and other
prominent; great. vices. [Sec. 2, RA 9523]. Compare with
Physical neglect.
Eminent domain. Supreme lordship. The
power to take private property for public use Emotionally neglected children. There is
by a state, municipality, or private person or emotional neglect when children are mal-
corp. authorized to exercise functions of treated, raped or seduced; when children
public character, following the payment of are exploited, overworked or made to work
just compensation to the owner of that prop- under conditions not conducive to good
erty. health; or are made to beg in the streets or
public places, or when children are in moral
Eminent domain, Power of. 1. The power of danger, or exposed to gambling, prostitution
govt. to take private property for public use. and other vices. [Art. 141, PD 603].
[Benguet v. Rep., GR L-71412. Aug. 15,
1986]. 2. The power of govt. to take and ap- Empathy. A shared feeling bet. husband and
propriate private property for public use, wife experienced not only by having sponta-
which can be done only if due process is neous sexual intimacy but a deep sense of
complied with and just compensation is spiritual communion. Marital union is a 2-
paid. While eminent domain and expropria- way process. [Ilusorio v. Ilusorio-Bildner, GR
tion are usu. synonymous, eminent domain 139789. July 19, 2001].
refers to the right, while expropriation refers
Employ. To suffer or permit to work. [Art. 97,
to the process. 3. Govt.'s right to appropri-
LC].
ate, in the nature of a compulsory sale to the
State, private property for public use or pur- Employee. 1. Labor. Any individual employed
pose. [Moday v. CA, GR 107916. Feb. 20, by an employer. [Art. 97, LC]. 2. Health Ins.
1997]. Any person who performs services for an
employer in which either or both mental and
Emission. The act of passing into the atmos-
physical efforts are used and who receives
phere an air contaminant, pollutant, gas
compensation for such services, where
stream and unwanted sound from a known
there is an employer-employee relationship.
source. [Sec. 62, PD 1152].
[Sec. 1, RA 9241].
Emolument. 1. Fees, fixed salary, and com-
pensation which the incumbent of an office

333
Employee benefits. Labor. Compensations Employer-employee relationship. Labor.
given to employees in addition to their regu- Elements: (a) Selection and engagement of
lar salaries or wages. [Meralco v Qui- the employee; (b) payment of wages; (c)
sumbing, GR 127598, Jan. 27, 1999]. power of dismissal; and (d) the power to
control the employee's conduct. [Vallum Se-
Employee of den, dive or resort. The care-
curity Services v. NLRC. GR 97320-27, July
taker, helper, watchman, lookout, and other
30, 1993].
persons working in the den, dive or resort,
employed by the maintainer, owner and/or Employer's Liability Act. Act 1874. [Express-
operator where any dangerous drug and/or ly repealed by the Labor Code].
controlled precursor and essential chemical
Employment. 1. Renumerative work either for
is administered, delivered, distributed, sold
an employer or self-employment. [Sec. 1,
or used, with or without compensation, in
Rule 1, Book 2, IRR of LC]. 2. In case of pri-
connection with the operation thereof. [Sec
vate employers includes all employment or
3, RA 9165].
work at a trade, occupation or profession
Employees' Compensation Commission exercised by an employer except domestic
(ECC). The agency created under the Labor service. [Sec. 39, RA 4119].
Code (PD 442) to initiate, rationalize and
Employment without a fixed period. An
coordinate the policies of the employees'
employment where the employee has been
compensation program. [Art. 176, LC].
engaged to perform activities which are usu.
Employees' Compensation Law. PD 626, as necessary or desirable in the usual business
amended, (which) ―grants disability benefits or trade of the employer, except where the
to those who suffer loss or impairment of a employment has been fixed for a specific
physical or mental function resulting from in- project or undertaking the completion or
jury arising out of, or in the course of em- termination of which has been determined at
ployment, or from any illness accepted as the time of the engagement of the employee
an occupational disease listed by the ECC or where the work or service to be per-
or any illness subject to proof that the risk of formed is seasonal in nature and the em-
contracting the same was increased by the ployment is for the duration of the season.
claimant's working conditions. [GSIS v. CA, [Art. 319, LC; Brent School, Inc. v. Zamora,
GR 115243. Dec. 1, 1995]. GR L-48494 Feb. 5, 1990].
Employer. 1. Labor. Any person acting directly Empowerment. Providing authority, responsi-
or indirectly in the interest of an employer in bility and information to people directly en-
relation to an employee and shall include gaged in agriculture and fishery production,
the Govt. and all its branches, subdivisions primarily at the level of the farmers, fisher-
and instrumentalities, all GOCCs and institu- folk and those engaged in food and non-
tions, as well as non-profit private institu- food production and processing, in order to
tions or orgs. [Art. 97, LC]. 2. Health Ins. A give them wider choices and enable them to
natural or juridical person who employs the take advantage of the benefits of the agricul-
services of an employee. [Sec. 1, RA 9241]. ture and fishery industries. [Sec. 4, RA
3. Any parent, legal guardian or producer 8435].
acting as employer who hires or engages
Emptio or Emtio. Lat. Purchase or the con-
the services of any child below 15 years of
tract in which something is bought.
age. [Sec. 2, RA 7658]. 4. Batas Kasamba-
hay. Any person who engages and controls Emptio res speretae. Lat. Sale of things hav-
the services of a domestic worker and is ing a potential existence. [Art. 1461, CC].
party to the employment contract. [Sec. 4,
Emptio spei. Lat. Sale of mere hope or expec-
RA 10361].
tancy. [Art. 1461, CC].

334
En banc. All the Justices of a court sitting lands, diminishing their value to the general
together. Appellate courts can consist of owner; a liability resting upon an estate.
several Justices, but often they hear cases [Rep. v. CA, GR 100709. Nov. 14, 1997]. 2.
in panels of 3 or 5 Justices. If a case is Every right to, or interest in, the land which
heard or reheard by the full court, it is heard may subsist in 3rd persons, to the diminu-
en banc. tion of the value of the land, but consistent
with the passing of the fee by the convey-
En concepto de dueño. Sp. Under claim of
ance; any (act) that impairs the use or trans-
title; adverse, as in possession. [Cuaycong
fer of property or real estate. [Roxas v. CA,
v. Benedicto, GR L-9989 Mar. 13, 1918].
GR 92245. June 26, 1991]. 3. Legal right to
En cuadrilla. In group or band. See Band. hinder or impede the transfer of ownership.
[Memo. from the Exec. Sec. dated Aug. 20,
En juicio contradictorio. Sp. Adversarial 1998].
proceedings. Ordinary action. [Martinez v.
Martinez, GR 445. Mar. 31, 1902]. Encumbrancer. A lien or mortgage holder;
one who has a legal claim against an estate.
En passant. Fr. In passing.
Encyclopedia. A book or series of books ar-
Enact. To make into law. ranged alphabetically by topics containing
Enacting clause. It is that part of the statute information on areas of law, incl. citations to
which indicates the authority which promul- support the information.
gated the enactment. [Suarez, Stat. Con., Endangered. Seriously at risk of extinction.
(1993), p. 46].
Endangered rare or threatened species.
Enactment. A law or a statute; a document Aquatic plants, animals, incl. some varieties
which is published as an enforceable set of
of corals and sea shells in danger of extinc-
written rules is said to be enacted. tion as provided for in existing fishery laws,
Encargado. See Coordinator. rules and regulations. [Sec. 4, RA 8550].
Encephalitis. The inflammation of the brain Endangered species. Species or subspecies
and its coverings (the meninges) which pro- that is not critically endangered but whose
duce disturbances of sensorium, seizures, survival in the wild is unlikely if the causal
drowsiness, delirium, and, rarely, coma. factors continue operating. [Sec. 5, RA
[Rase v. NLRC, GR 110637. Oct. 7, 1994]. 9147].
Encumber. To restrict or burden someone or Endemic. Regularly found among particular
something in such a way that free action or people or in a certain area.
movement is difficult. Endemic species. Species or sub-species
Encumbered property. Real or personal which is naturally occur-ring and found only
property of the debtor upon which a lien at- within specific areas in the country. [Sec. 5,
taches. [Sec. 4, RA 10142]. RA 9147].
Encumbrance. 1. Anything that impairs the Endorse. To write on the back of; esp. to sign
use or transfer of property; anything which one's name as payee on the back of a
constitutes a burden on the title; a burden or check in order to obtain the cash or credit
charge upon property; a claim on lien upon represented on the face.
property. A legal claim on an estate for the Endorsement. 1. A signature on the back of
discharge of which the estate is liable; an the bill of exchange by which the person to
embarrassment of the estate or property so whom the note is payable transfers it by
that it cannot be disposed of without being
thus making the note payable to the bearer
subject to it; an estate, interest, or right in or to a specific person. 2. The act of a pay-

335
ee, drawee, accommodation party, or holder forms of energy products and resources.
of a negotiable instrument in signing the [Sec. 3, RA 7638].
back of the instrument, with or without quali-
Energy Regulatory Commission (ERC). The
fying words, to transfer rights in the instru-
regulatory agency created under RA 9136.
ment to another. See Rider.
[Sec. 4, RA 9136].
Endow. To provide with property, income, or a
Enervate. To debilitate.
source of income.
Enforced. Forced or compelled or put in force.
Endowment. 1. A life insurance policy where
the insured pays a premium for a specified Enforced disappearance. See Enforced or
period. If he outlives the period, the face Involuntary disappearance.
value of the policy is paid to him; if not, his
beneficiaries receive benefit. 2. The transfer Enforced disappearances. [They] are attend-
of money or property [usu. as a gift] to a ed by the following characteristics: an arrest,
public org. for a specific purpose, such as detention or abduction of a person by a
govt. official or organized groups or private
medical research or scholarships.
individuals acting with the direct or indirect
Endowment insurance. Life insurance policy acquiescence of the govt.; the refusal of the
that pays the assured sum (face amount) on State to disclose the fate or whereabouts of
a fixed date or upon the death of the in- the person concerned or a refusal to
sured, whichever comes earlier. acknowledge the deprivation of liberty which
places such persons outside the protection
Endowment policy. A life insurance contract
of law. [Sec. of Natl. Defense v. Manalo, GR
designed to pay a lump sum after a speci-
180906, Oct. 7, 2008].
fied term (on its 'maturity') or on death.
Enforced or Involuntary disappearance. The
End-to-end. Throughout; from first to last.
arrest, detention, abduction or any other
End-to-end warning system. [It is] used to form of deprivation of liberty committed by
emphasize that warning systems need to agents of the State or by persons or groups
span all steps from hazard detection to of persons acting with the authorization,
community response. [Sec. 3, RA 10121]. support or acquiescence of the State, fol-
lowed by a refusal to acknowledge the dep-
End-user. The person who actually uses a
rivation of liberty or by concealment of the
particular product.
fate or whereabouts of the disappeared per-
End-user of electricity. Any person or entity son, which places such person outside the
requiring the supply and delivery of electrici- protection of the law. [Sec. 3, RA 10353].
ty for its own use. [Sec. 4, RA 9136].
Enforced or Involuntary disappearance of
Energy. Usable heat or power. persons. The arrest, detention, or abduction
of persons by, or with the authorization sup-
Energy plantation. A scheme whereby fast- port or acquiescence of, a State or a political
growing crops or trees such as ipil-ipil are org. followed by a refusal to acknowledge
deliberately and systematically planted in that deprivation of freedom or to give infor-
order to continuously provide fuel to a power
mation on the fate or whereabouts of those
generating station located at the site. [Sec. persons, with the intention of removing from
2, PD 1068]. the protection of the law for a prolonged pe-
Energy projects. Activities or projects relative riod of time. [Sec. 3, RA 9851].
to the exploration, extraction, production, Engaging in business. Pursuing an occupa-
importation-exportation, processing, trans-
tion or employment as a livelihood or source
portation, marketing, distribution, utilization, of profit and must be a series of acts rather
conservation, stockpiling, or storage of all

336
than the doing of a single act pertaining to proportion to the usual volume of orders.
the particular business. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].
English Exchequer Rule. Evid. A specie of a
mid-1800 rule pursuant to which "a trial Enquiry. Pub. Intl. Law. An ascertainment of
court's error as to the admission of evidence the pertinent facts and issues in a dispute.
was presumed to have caused prejudice [Suarez, Pol. Law Reviewer, 1st Ed., 2002,
and therefore, almost automatically required p. 1077].
a new trial.‖ [People v. Teehankee, GR
Enriquecimiento torticero. Sp. Unjust en-
111206-08. Oct. 6, 1995]. See Harmless
richment. That obtained with injustice and
error.
injury to another person is con sidered ille-
English rule. 1. The rule that crimes commit- gal and ineffective in law. See Unjust en-
ted aboard foreign merchant vessels can be richment.
tried in the courts of that country, unless
Enrolled. Entered or registered in a roll, list, or
they merely affect thing within the vessel or
record.
they refer to the internal management
thereof. 2. The rule that crimes perpetrated Enrolled bill. A declaration by the 2 houses,
under such circumstances aboard a foreign through their presiding officers, to the Pres.,
merchant vessel are in general triable in the that a bill, thus attested, has received in due
courts of the country within territory they form, the sanction of the legislative branch
were committed. [People v. Wong Cheng, of the govt., and that it is delivered to him in
GR L-18924, Oct. 19, 1922]. Compare with obedience to the constitutional requirement
French rule. that all bills which pass Congress shall be
presented to him. And when a bill, thus at-
Enhanced Basic Education Act of 2013. RA
tested, receives his approval, and is depos-
10533 entitled ―An Act Enhancing the Phil.
ited in the public archives, its authentication
Basic Education System by Strengthening
as a bill that has passed Congress should
its Curriculum and Increasing the Number of
be deemed complete and unimpeachable.
Years for Basic Education, Appropriating
Funds Therefor and for Other Purposes‖
Aug. 25, 1994].
enacted on May 15, 2013.
Enrolled bill doctrine. The doc-trine under
Enhanced basic education program. [A
which a court may not look behind a [legisla-
program that] encompasses at least 1 year
tive] bill, enrolled and certified by the appro-
of kindergarten education, 6 years of ele-
priate officers, to determine if there are any
mentary education, and 6 years of second-
defects. [Dissenting Opinion, Regalado J. in
ary education, in that sequence. Secondary
Tolentino v. Sec. of Finance, GR 115525.
education includes 4 years of junior high
Aug. 25, 1994].
school and 2 years of senior high school
education. [Sec. 4, RA 10533]. Enrollment. The process to be determined by
the Phil. Health Ins. Corp. (PHIC) in order to
Enjoin. To order a person to perform, or to
enlist individuals as members or dependents
abstain and desist from performing a speci-
covered by the Natl. Health Insurance Pro-
fied act or course of conduct.
gram. [Sec. 1, RA 9241].
Enjoining. An order by the court telling a per-
Enslave. To cause someone to lose freedom
son to stop performing a specific act. See
of choice or action.
Injunction.
Enslavement. The exercise of any or all of the
Enormity of order. That circumstance where-
powers attaching to the right of ownership
in the supplies or property to be delivered
over a person and includes the exercise of
exceed the normal requirement or is out of
such power in the course of trafficking in

337
persons, in particular women and children. agreement. [Ching v. Sec. of Justice, GR
[Sec. 3, RA 9851]. 164317, 6 Feb. 2006].
Entity. A person or legally recognized org. Entrustee. Obligations: To: (a) hold the goods,
documents or instruments in trust for the en-
Entrap. 1. To lure into danger, difficulty, or a
truster and shall dispose of them strictly in
compromising situation. 2. To lure into per-
accordance with the terms and conditions of
forming a previously or otherwise uncon-
the trust receipt; (b) receive the proceeds in
templated illegal act.
trust for the entruster and turn over the
Entrapment. 1. The employment of such ways same to the entruster to the extent of the
and means for the purpose of trapping or amount owed to the entruster or as appears
capturing a lawbreaker. [People v. Ramos, on the trust receipt; (c) insure the goods for
Jr., GR 88301 Oct. 28, 1991]. 2. The act of their total value against loss from fire, theft,
inducing a person to commit a crime so that pilferage or other casualties; (d) keep said
a criminal charge will be brought against goods or the proceeds therefrom whether in
him. Compare with Instigation. money or whatever form, separate and ca-
pable of identification as property of the en-
Entregarla. Sp. (Entregar) To turn over. [Used truster; (e) return the goods, documents or
in People v. Cuevo, GR L-27607 May 7,
instruments in the event of non-sale or upon
1981]. demand of the entruster; and (f) observe all
Entrepreneur. A loanword from French com- other terms and conditions of the trust re-
monly used to describe an individual who ceipt not contrary to the provisions of PD
organizes and operates a business or busi- 115. [Ching v. Sec. of Justice, GR 164317, 6
nesses, taking on financial risk to do so. Feb. 2006].
Entrepreneurship. Training for self- Entruster. 1. The person holding title over the
employment or assisting individual or small goods, documents, or instruments subject of
industries. [Art. 44, LC]. a trust receipt transaction, and any succes-
sor in interest of such person. [Sec. 3, PD
Entrepreneurship training. The training 115]. 2. [One] entitled to the proceeds from
schemes to develop persons for self- the sale of the goods, documents or instru-
employment or for organizing, financing ments released under a trust receipt to the
and/or managing an enterprise. [Sec. 1, entrustee to the extent of the amount owed
Rule 1, Book 2, IRR of LC]. to the entruster or as appears in the trust re-
Entrust. 1. To assign the responsibility for ceipt; or to the return of the goods, docu-
doing something to someone. 2. To put ments or instruments in case of non-sale;
something into someone's care or protec- and to the enforcement of all other rights
tion. conferred on him in the trust receipt, provid-
ed these are not contrary to the provisions
Entrustee. 1. The person having or taking of the document. [Ching v. Sec. of Justice,
possession of goods, documents or instru- GR 164317, 6 Feb. 2006].
ments under a trust receipt transaction, and
any successor in interest of such person for Entruster. Rights: (a) To receive the proceeds
the purpose or purposes specified in the from the sale of the goods, documents, or
trust receipt agreement. [Sec. 3, PD 115]. 2. instruments to the extent of the amount ow-
One having or taking possession of goods, ing to him; (b) To the return of the goods,
documents or instruments under a trust re- documents or instruments in case of non-
ceipt transaction, and any successor in in- sale and enforcement of all other rights con-
terest of such person for the purpose of ferred to him in the trust receipt; and (c) To
payment specified in the trust receipt cancel the trust and take possession of the
goods, upon default or failure of the entrus-

338
tee to comply with any of the terms and quirements of the environmental impact
conditions of the trust receipt. [Sec. 7, PD statement system. [Sec. 3, RA 7942].
115].
Environmental impact. The alteration, to any
Entry. Customs Law. 1. The documents filed degree, of environmental conditions or the
at the Customs house. 2. The submission creation of a new set of environmental con-
and acceptance of the documents. 3. The ditions, adverse or beneficial, to be induced
procedure of passing goods through the or caused by a proposed project. [Sec. 62,
Customs house. [Rodriguez v. CA, GR PD 1152].
115218. Sep. 18, 1995].
Environmental impact statement (EIS). The
Entry. 1. Crim. Law. The act of unlawfully document which aims to identify, predict, in-
going onto the premises of another with the terpret, and communicate information re-
intention of committing a crime. 2. Prop. The garding changes in environmental quality
act of going upon another person's land with associated with a proposed project and
the intention of asserting the right to pos- which examines the range of alternatives for
session. 3. Rem. Law. The decision or the objectives of the proposal and their im-
judgment so entered or recorded. pact on the environment. [Sec. 3, RA 7942].
Entry of judgment. 1. A certification indicating Environmental management system. The
the date when the final decision or resolu- part of the overall management system that
tion of the Court has become executory and includes organizational structure, planning
entered in the book of judgments. [The In- activities, responsibilities, practices, proce-
ternal Rules of the Sup. Court, AM 10-4-20- dures, processes and re-sources for devel-
SC, May 4, 2010]. 2. A statement of conclu- oping, implementing, achieving, reviewing
sion reached by the court and placed in the and maintaining the environment policy.
court record. [Sec 4, RA 9275].
Enucleation. The removal of the eye ball from Environmental management. The entire
the orbit after the optic nerve and eye mus- system which includes, but is not limited to,
cles have been severed. [Sec. 4, DOH AO conservation, regulation and minimization of
11-95]. pollution, clean production, waste manage-
ment, environmental law and policy, envi-
Environment. The conditions, influences, or
ronmental education and information, study
forces which affect the desirability and value
and mitigation of the environmental impacts
of property, as well as the effect on people's
of human activity, and environmental re-
lives.
search. [Sec 4, RA 9275].
Environmental cases. Rem. Law. Civil, crimi-
Environmental planner. A person engaged in
nal and special civil actions before the
the practice of environmental planning and
RTCs, Metropolitan Trial Courts, MTCs in
duly registered with the Board of Environ-
Cities, MTCs and MCTCs involving en-
mental Planning. [Sec. 2, PD 1308].
forcement or violations of environmental and
other related laws, rules and regulations. Environmental planning. Activities concerned
[Rules of Procedure for Environmental Cas- with the management and development of
es, AM 09-6-8-SC, Apr. 29, 2010]. land, as well as the preservation, conserva-
tion, and rehabilitation of the human envi-
Environmental compliance certificate
ronment. [Sec. 2, PD 1308].
(ECC). The document issued by the govt.
agency concerned certifying that the project Environmental Protection Order (EPO).
under consideration will not bring about an Rem. Law. An order issued by the court di-
unacceptable environmental impact and that recting or enjoining any person or govt.
the proponent has complied with the re- agency to perform or desist from performing

339
an act in order to protect, preserve or reha- Envoy. Intl. Law. A messenger or representa-
bilitate the environment. [Rules of Procedure tive, esp. one on a diplomatic mission. See
for Environmental Cases, AM 09-6-8-SC, Diplomat or Ambassador.
Apr. 29, 2010].
Envoy extraordinary. Intl. Law. A Minister
Environmentally Critical Areas. 1. Terrestri- plenipotentiary, ranking below an ambassa-
al, aquatic and marine areas that need spe- dor and above a chargé d'affaires. See Min-
cial protection and conservation measures isters plenipotentiary.
as they are ecologically fragile. [Sec. 3, RA
Envoy extraordinary and minister plenipo-
7611]. 2. Areas that are ecologically, social-
tentiary. Intl. Law. A diplomatic agent ac-
ly, or geologically sensitive as declared by
credited to a govt.
law such as: (a) areas declared by law as
national parks, watershed reserves, wildlife Eo nomine. Lat. By or under that name. It is
preserves and sanctuaries; (b) areas identi- used in the context of sovereign immunity.
fied as potential tourist spots; (c) areas that For example, to state that a State would be
are habitats of endangered or threatened subject to a suit eo nomine in its own courts
species of indigenous Phil. plants and ani- means that acc. to natural law, a sovereign,
mals; (d) areas of unique historic, archeo- like a state, could not be sued in its own
logical or scientific interest; (e) areas tradi- court based on a right it created.
tionally occupied by indigenous people or
cultural communities; (f) areas frequently hit EP. See Emancipation Patent.
by natural calamities (geologic hazards, Epilepsy. A symptom of some underlying
floods, typhoons and volcanic activities); (g) brain damage or disorder. [People v. Anto-
areas with critical slopes of 18% and above; nio, GR 107950. June 17, 1994].
(h) areas classified as prime agricultural
lands; (i) recharged areas of aquifer; (j) wa- EPIRA. See Electric Power Industry Reform
ter bodies used for domestic supply or to Act of 2001.
support fisheries and wildlife; (k) mangrove EPO. See Environmental Protection Order.
areas with critical ecological functions or on
which people depend for livelihood; or (l) Equal division rule. Succ. The general rule
coral reefs. [Sec. 2.6, DAR AO 01-02] that relatives in the same degree shall inher-
it in equal shares, subject to the following
Environmentally Critical Project. (a) Heavy exceptions: (a) Should brother and sisters of
industry project involving ferrous metals, the full blood survive together with brothers
iron or steel mills; petroleum or petro- and sisters of the half blood, the former shall
chemicals, oil, gas, or smelting plants; (b) be entitled to a share double that of the lat-
Resource extractive project such as major ter; (b) should there be more than one of
mining and quarrying project, forestry log- equal degree belonging to the same line
ging project, major wood processing, intro- they shall divide the inheritance per capita;
duction of fauna or exotic animals in public and (c) should they be of different lines but
or private forests, forest occupancy, extrac- of equal degree, ½ shall go to the paternal
tion of mangrove products, grazing, fishery and the other half to the maternal ascend-
dikes, or fishpond development; (c) Major ants. In each line the division shall be made
infrastructure project such as dam, power per capita. [Arts. 962, 987 and 1006, CC].
plant (utilizing fossil-fuel, hydroelectric, geo-
thermal, or nuclear power), reclamation, Equal Opportunity for Employment (for
bridge, or a major road; or (d) Golf course Persons with Disability). The same terms
project. [Sec. 2.7, DAR AO 01-02] and conditions of employment and the same
compensation, privileges, benefits, fringe
benefits, incentives or allowances as are
accoded to a qualified able bodied person

340
which a qualified employee with disability Mgt., per Sec. 383, LGC]. 2. Those articles
shall be subject to. [Sec. 1, RA 10524]. that are not necessarily so consumed, but
which may survive the particular work and
Equal Pay for Equal Work. Labor. The legal
be further used on work of like character.
truism which means that persons who work
[Kilosbayan, Inc. v. Morato, GR 118910. Ju-
with substantially equal qualification, skill,
ly 17, 1995]. Compare with Supply.
effort and responsibility, under similar condi-
tions, should be paid similar salaries. Equipment bonds. Corp. Law. Bonds secured
by a mortgage or pledge on corporate mov-
Equal protection clause. [It] means that ―no
able property. [Diaz, Bus. Law Rev., 1991
person or class of persons shall be deprived
Ed., p. 269].
of the same protection of laws which is en-
joyed by other persons or other classes in Equipoise. Balance of forces or interests.
the same place and in like circumstances.‖
Equipoise rule. Rem. Law. 1. The rule that
[Abakada Guro Party List v. Ermita, GR
provides that where the evidence of the par-
168056, 1 Sep. 2005].
ties in a criminal case is evenly balanced,
Equal protection of the law. Consti. Law. 1. the constitutional presumption of innocence
All persons or things similarly situated must should tilt the scales in favor of the accused.
be treated alike both as to the rights con- [People v. Benemerito, GR 120389. Nov.
ferred and the liabilities imposed. [Assoc. of 21, 1996]. 2. [The rule which states that] if
Small Landowners v. Sec. of Agrarian Re- inculpatory facts and circumstances are ca-
form, GR 78742. July 14, 1989]. 2. The pable of 2 or more explanations, one con-
guarantee in the Phil. Consti. that all persistent with the innocence of the accused
sons be treated equally by the law. and the other consistent with his guilt, then
the evidence does not fulfill the test of moral
Equality. Access or provision of equal oppor-
certainty and will not justify a conviction.
tunities where individuals are protected from
[People v. Lagmay, GR 125310 Apr. 21,
being discriminated against.
1999]. Compare with Pro reo principle.
Equality in taxation. This is accomplished
Equiponderance. The state of being equal in
when the burden of the tax falls equally and
weight; equipoise.
impartially on all the persons and property
subject to it, so that no higher rate or greater Equiponderance of evidence. The evidence
levy in proportion to value is imposed on of both parties when placed on the division
one person or species of property than on scale is balance. In civil cases, this means
others similarly situated or of like character. that the court will rule in favor of the party
[Villanueva v. City of Iloilo, GR sL-26521. who has no burden of proof. In criminal cas-
Dec. 28, 1968]. es, this means acquittal of the accused.
Equality principle. Succ. Principle in the insti- Equiponderance of evidence rule. The rule
tution of heirs which states that heirs who which that states that when the scale shall
are instituted without designation of shares stand upon an equipoise and there is noth-
shall inherit in equal parts. [Art. 846, CC]. ing in the evidence which shall incline it to
Compare with Individuality principle and one side or the other, the court will find for
Simultaneity principle. the defendant. Under the said principle, the
plaintiff must rely on the strength of his evi-
Equipment. 1. All articles needed to outfit an
dence and not on the weakness of defend-
individual or org. which do not lose their
ant's claim. Even if the evidence of the
identify when used or applied. The term re-
plaintiff may be stronger than that of the de-
fers to typewriters, adding machines, com-
fendant, there is no preponderance of evi-
puters, printers, vehicles, weapons and oth-
dence on his side if such evidence is insuffi-
er similar items. [IRR on Supply & Prop.

341
cient in itself to establish his cause of action. Equity. Admin. Law. The amount received by
[Sapu-an v. CA, Oct. 19, 1992]. GOCCs as payment of capital subscriptions
and generally capital investment of the Natl.
Equitable. 1. Fair and impartial. 2. Valid in
Govt. in said corps. and which form part of
equity as distinct from law.
their capitalization. [Sec. 3, EO 518].
Equitable assignment. An instrument, bill or
Equity. Civ. Law. 1. Justice outside law, being
note made payable to order and transferred
ethical rather than jural and belonging to the
without indorsement.
sphere of morals than of law. It is grounded
Equitable estoppel. See Estoppel in pais. on the precepts of conscience and not on
any sanction of positive law. [PLDT v.
Equitable interest. An interest not duly recog- NLRC, GR L-80609. Aug. 23, 1988]. 2. Jus-
nized by law, but in equity alone; it is a right tice outside legality. [It] is applied only in the
or interest in property which is imperfect and absence of, and never against, statutory law
unenforceable at law but which under well or judicial rules of procedure. [Zabat, Jr. v.
recognized equitable principles should and
CA, GR L-36958 July 10, 1986]. 3. [It] is
is convertible into a legal right or title. [Diaz, available only in the absence of law and not
Bus. Law Rev., 1991 Ed., p. 213]. as its replacement. [Tirazona v. PET, Inc.,
Equitable mortgage. 1. A mortgage in which GR 169712, Jan. 20, 2009].
although lacking in some formality, form or Equity. Natl. govt. investment in the author-
words, or other requisites demanded by a ized capital stock of GOCCs.
statute nevertheless reveals the intention of
the parties to charge a real property as se- Equity contra legem. Lat. When principles of
curity for a debt, and contains nothing im- equity are deployed to strike down a law.
possible or contrary to law. [Santos v. CA,
Equity follows the law. The principle that
GR 83664. Nov. 13, 1989]. 2. One where
there are instances in which a court of equi-
the intention of the parties is simply a securi-
ty gives a remedy where the law gives none;
ty for the fulfillment of an obligation, but
but where a particular remedy is given by
lacks the formalities of a mortgage. [Diaz,
the law, and that remedy is bounded and
Bus. Law Rev., 1991 Ed., p. 147].
circumscribed by particular rules, it would be
Equitable ownership. That of one who has very improper for the court to take it up
the beneficial ownership. Also Equitable ti- where the law leaves it and to extend it fur-
tle. ther than the law allows. [Phil. Rabbit Bus
Lines, Inc. v. Arciaga, GR L-29701. Mar. 16,
Equitable recoupment doctrine. It provides 1987].
that a claim for refund barred by prescription
may be allowed to offset unsettled tax liabili- Equity instrument. A document that serves
ties should be pertinent only to taxes arising as a legally enforceable evidence of the
from the same transaction on which an right of ownership in a firm such as a stock
overpayment is made and underpayment is certificate.
due.
Equity intra legem. Lat. When fairness is
Equitable taxation. Taxation the burden of applied by the judge or lawmaker to achieve
which falls on those better able to pay. justice in specific cases.
[Reyes v. Almanzor, GR 49839-46. Apr. 26,
Equity jurisdiction. The jurisdiction which the
1991]. Compare with Progressive taxation.
Court may exercise -- where specific per-
Equitable title. That of one who has the bene- formance acc. to the literal terms of a con-
ficial ownership. Also Equitable ownership. tract would result in inequity by reason of
the circumstances obtaining at the time of
judgment being significantly different from

342
those existing at the generation of the rights gardless of the nature of the industry and
litigated -- to adjust those rights and, in de- the location of the affiliates. [Art. 240, LC].
termining the precise relief to be given, "bal-
Equity of the incumbent. Pol. Law. The pref-
ance the equities" or the respective interests
erence given to the incumbent elective offi-
of the parties and take account of the rela-
cials in getting anointed and funded by their
tive hardship that one form of relief or an-
political party as official candidates in the
other may occasion to them. [Agcaoili v.
succeeding elections.
GSIS, GR L-30056. Aug. 30, 1988].
Equity of the incumbent rule. Elec. Law. The
Equity of jurisdiction, Exercise of. A situa-
rule in counting of votes that if there are 2 or
tion where the court is called upon to decide
more candidates with the same full name,
a particular situation and releases the par-
first name or surname and one of them is
ties from their correlative obligations but if it
the incumbent, and on the ballot is written
would result in adverse consequences to the
only such full name, first name or surname,
parties and the public, the court would go
the vote shall be counted in favor of the in-
beyond its powers to avoid the negative
cumbent. [Sec. 211(2), OEC].
consequences in the release of the parties.
[Albano, Rem. Law Reviewer, 1st Ed., p. 4]. Equity praeter legem. Lat. When fairness
supplements the law or fills in its gaps.
Equity of redemption. 1. The right of the
defendant mortgagor to extinguish the mort- Equivalent device. Intel. Prop. [A device]
gage and retain ownership of the property such as a mechanic of ordinary skill in con-
by paying the amount fixed in the decision of struction of similar machinery, having the
the court within 90 to 120 days after entry of forms, specifications and machine before
judgment or even after the foreclosure sale him, could substitute in the place of the
but prior to its confirmation. [Bench Book for mechanism described without the exercise
Trial Court Judges, p. 2-91]. 2. The right of of the inventive faculty. [Gsell v Yap-Jue,
the mortgagor in case of judicial foreclosure GR L-4720 Jan. 19, 1909].
to redeem the mortgaged property after his
default in the performance of the conditions Equivalents doctrine. A legal rule in most of
of the mortgage but before the confirmation the world's patent systems that allows a
of the sale of the mortgaged property. [Top- court to hold a party liable for patent in-
fringement even though the infringing device
Rate Intl. Services, Inc. v. IAC, GR Nos. L-
67496 and L-68257, July 7, 1986]. Compare or process does not fall within the literal
with Right of redemption. scope of a patent claim, but nevertheless is
equivalent to the claimed invention. See
Equity of the incumbent. Labor. The rule that Doctrine of equivalents.
all existing federations and natl. unions
which meet the qualifications of a legitimate Equivalents test doctrine. See Doctrine of
labor org. and none of the grounds for can- equivalents test.
cellation shall continue to maintain their ex- ERC. See Energy Regulatory Commission.
isting affiliates regardless of the nature of
the industry and the location of the affiliates. Erectile. Legal Med. Denoting tissues that are
[Art. 240, LC]. capable of becoming temporarily engorged
with blood, particularly those of the penis or
Equity of the incumbent. Labor. A Labor other sexual organs.
Code provision allowing all existing federa-
tions and national unions which meet the Erectile dysfunction or Impotence. Legal
qualifications of a legitimate labor org. and Med. 1. Erectile dysfunction. A total inability
none of the grounds for cancellation to con- to achieve erection, an inconsistent ability to
tinue to maintain their existing affiliates re- do so, or a tendency to sustain only brief
erections. [People v. Cruz, GR 186129, Aug.

343
4, 2009]. 2. The inability to initiate or main- Error of judgment. An error which the court
tain an erection of the penis usu. resulting may commit in the exercise of its jurisdic-
from vascular impairment, neurologic disor- tion. It is reviewable by appeal. [Fernando v.
ders, drugs, abnormalities of the penis or Vasquez, GR L-26417. Jan. 30, 1970].
psychological problems that interfere with
Error of jurisdiction. An error that renders an
sexual arousal. [Olarte, Legal Med., 1st Ed.
order or judgment (of the court) void or
(2004), p. 126].
voidable. It is reviewable on certiorari. [Fer-
Erection. Legal Med. The firm and enlarged nando v. Vasquez, GR L-26417. Jan. 30,
condition of a body organ or part when the 1970].
erectile tissue surrounding it becomes filled
Error placitandi aequitatem non tollit. Lat. A
with blood, esp. such a condition of the pe-
clerical error does not take away equity.
nis or clitoris.
[Ingson v. Olaybar, GR 28734 Dec. 4, 1928].
Erga omnes. Lat. In relation to everyone. Intl.
Error scribentis nocere non debit. Lat. An
Law. Used as a legal term describing obliga-
error made by a clerk ought not to injure; a
tions owed by States towards the communi-
clerical error may be corrected. [Ingson v.
ty of states as a whole. [Vinuya v. Romulo,
Olaybar, GR 28734 Dec. 4, 1928].
GR 162230, Apr. 28, 2010].
Errors of judgment. Errors committed by a
Ergo, res inter alios judicatae nullum aliis
lower court which are correctible by appeal.
praejudicarium faciunt. Lat. Matters ad-
[Ongsitco v. CA, GR 121527. Mar. 29,
judged in a cause do not prejudice those
1996].
who were not parties to it. [Arcelona v. CA,
GR 102900. Oct. 2, 1997]. Errors of jurisdiction. Errors committed by a
lower court which are reviewable by certio-
Eroticism. Sexual propensity. [Andal v. Mac-
rari. [Ongsitco v. CA, GR 121527. Mar. 29,
araig, GR L-2474, May 30, 1951].
1996].
Erroneous appeal. An appeal taken to either
Erythema. Legal Med. Redness in the areas
the Sup. Court or the CA by the wrong or in-
of labia minora [or labia] majora. [People v.
appropriate mode (which under the rules)
Degay, GR 182526, Aug. 25, 2010].
shall be dismissed. [Nerves v. CSC, GR
123561. July 31, 1997]. Escalation. An increase to counteract a per-
ceived discrepancy;
Error en la persona. See Aberratio ictus.
Escalation clauses. Clauses in construction
Error in extremis. The sudden movement
contracts which commonly provide for in-
made by a faultless vessel during the 3rd
creases in the contract price under certain
zone of collision with another vessel which
specified circumstances, e.g., as the cost of
is at fault under the 2nd zone. Even if sud-
selected commodities [cement, fuel, steel
den movement is wrong, no responsibility
bars] or the cost of living in the general
will fall on the faultless vessel.
community [as measured by, for instance,
Error in personae. Crim. Law. Lat. Mistake in the Consumer Price Index officially pub-
the identity of the victim. [People v. Sabalo- lished regularly by the Central Bank] move
nes, GR 123485. Aug. 31, 1998]. Compare up beyond specified levels. [Baylen Corp. v.
with Aberratio ictus. CA, GR 76787. Dec. 14, 1987].
Error nominis nunquam nocet, si de identi- Escalator clause. One in which the contract
tate rei constat. Lat. A mistake in the name fixes a base price but contains a provision
is never prejudicial where the identity or the that in the event of specified cost increases,
person intended is certainly known. the seller or contractor may raise the price
[Capulong v. CA, GR 85790. May 9, 1990]. up to a fixed percentage of the base. [Banco

344
Filipino Savings and Mortgage Bank v. Na- Espionage. Crim. Law. The felony committed
varro, GR L-46591 July 28, 1987]. by any person who without authority there-
for, enters a warship, fort, or naval or mili-
Escape. An act of breaking free from confine-
tary establishment or reservation to obtain
ment or control.
any information, plans, photographs, or oth-
Escape of prisoner under the custody of a er data of a confidential nature relative to
person not a public officer. Crim. Law. the defense of the Phil. archipelago; or be-
The felony committed by any private person ing in possession, by reason of the public of-
to whom the conveyance or custody or a fice he holds, of such articles, data, or in-
prisoner or person under arrest shall have formation, discloses their contents to a rep-
been confided, who shall commit any of the resentative of a foreign nation. [Art. 117,
offenses mentioned in Art. 223 and 224 of RPC].
the Rev. Penal Code. [Art. 225, RPC].
Espionage Law. CA 616 entitled ―An Act to
Escapee. A person who has escaped from punish espionage and other offenses
somewhere, esp. prison; a fugitive. against the natl. security‖ enacted on June
4, 1941.
Escheat. 1. A (special) proceeding whereby
the real and personal property of a de- Essential drugs list. Also National drug
ceased person becomes the property of the formulary. A list of drugs prepared and pe-
State upon his death without leaving any will riodically updated by the DOH on the basis
or legal heirs. [Mun. Council of San Pedro v. of health conditions obtaining in the Phils. as
Colegio de San Jose, GR 45460. Feb. 25, well as on an internationally accepted crite-
1938]. 2. The reversion of property to the ria. It shall consist of a core list and a com-
State when the title thereto fails from defect plementary list. [Sec. 4, RA 9502; Sec 3, RA
of an heir. It is the falling of a decedent‘s es- 9165].
tate into the general property of the State.
Essential hypertension. Commonly used to
[Bench Book for Trial Court Judges, p. 3-2].
describe a rise in the blood pressure of an
3. The process by which a deceased per-
individual when no specific factor is attribut-
son's property goes to the state if no heir
ed to its development. [Naval v. ECC, GR
can be found.
83568. July 18, 1991].
Escritura de venta absoluta. Sp. Deed of
Establish. To settle or fix firmly; place on a
absolute sale.
permanent footing. To originate and secure
Escrow. 1. When the performance of some- the permanent existence of, to found, to in-
thing is outstanding and a 3rd party holds stitute, to create and regulate, as of a colo-
onto the money or a written document (such ny, estate or other institution or to place up-
as shares or a deed) until a certain condition on a secure foundation. [Palad v. Gov. of
is met bet. the 2 contracting parties. 2. Mon- Quezon, GR L-24302. Aug. 18, 1972].
ey or a written instrument such as a deed
Established value. The correct dutiable value
that, by agreement bet. 2 parties, is held by
of the article ascertained from the reports of
a neutral 3rd party (held in escrow) until all
the Revenue Attache or Commercial At-
conditions of the agreement are met.
tache [Foreign Trade Promotion Attache] or
Escrow shares. Corp. Law. Those deposited other Phil. diplomatic officers and from such
with a person to be delivered to another up- other information that may be available to
on fulfillment of a condition. [Diaz, Bus. Law the Bu. of Customs. Such value shall be the
Rev., 1991 Ed., p. 250]. home consumption value of the imported ar-
ticle which shall be the subject of customs
Eskirol. Tag. Scab. [Lino v. Fugoso, GR L- duty and taxes. [Comm. of Customs v.
1159. Jan. 30, 1947].
Procter & Gamble Phil. Mfg. Corp., GR

345
56705. Jan. 31, 1989]. See Information fraudulent means and was induced to part
value. with his money or property; and (d) that, as
a result thereof, the offended party suffered
Establishment. A sole proprietorship, a part-
damage. [Jan-Dec Const. Corp. v. CA, GR
nership, a corp., an institution, an assoc., or
146818, Feb. 6, 2006].
an org. engaged in the manufacture, impor-
tation, exportation, sale, offer for sale, distri- Estafa committed by means of bouncing
bution, donation, transfer, use, testing, pro- checks. Elements: (a) The postdating or is-
motion, advertising, or sponsorship of health suance of a check in payment of an obliga-
products incl. the facilities and installations tion contracted at the time the check was is-
needed for its activities. [Sec. 9, RA 9711]. sued; (b) lack of or insufficiency of funds to
cover the check; and (c) damage to the
Estafa. Also Swindling. Crim. Law. The felony
payee thereof. [People v. Sabio, Sr., GR L-
committed by any person who shall defraud
45490 Nov. 20, 1978].
another, if the fraud be committed by any of
the following means: (a) With unfaithfulness Estafa notes. A much abused and trite device
or abuse of confidence; (b) by means of resorted to by money lenders to cover their
false pretenses or fraudulent acts executed usurious lending activities.
prior to or simultaneously with the com-
Estafa through misappropriation. Its es-
mission of the fraud; (c) through any of the
sence is the appropriation or conversion of
following fraudulent means: (i) by inducing
money or property received, to the prejudice
another, by means of deceit, to sign any
of the owner thereof. [Saddul, Jr. v. CA, GR
document; (ii) by resorting to some fraudu-
91041. Dec. 10, 1990].
lent practice to insure success in a gambling
game; (iii) by removing, concealing or de- Estafa through misappropriation. Elements:
stroying, in whole or in part, any court rec- (a) That money, goods or other personal
ord, office files, document or any other pa- property is received by the offender in trust,
pers. [Art. 315, RPC]. or in commission or for administration, or
under any other obligation involving the duty
Estafa. Elements: (a) That an accused de-
to make delivery of, or to return, the same;
frauded another by abuse of confidence, or
(b) that there be misappropriation or conver-
by means of deceit; and (b) that damage
sion of such money or property by the of-
and prejudice capable of pecuniary estima-
fender or denial on his part of such receipt;
tion is caused the offended party or 3rd per-
(c) that such misappropriation or conversion
son. [Sy v. People, GR 183879. Apr. 14,
or denial is to the prejudice of another; and
2010].
(d) that there is a demand made by offended
Estafa. Ways of committing: (a) By means of party on the offender. [Fontanilla v. People,
abuse of confidence; or (b) by means of de- GR 120949. July 5, 1996]. See also Estafa
ceit. [Sy v. People, GR 183879. Apr. 14, with abuse of confidence.
2010].
Estafa with abuse of confidence. Elements:
Estafa by means of deceit. Elements: (a) (a) That money, goods, or other personal
That there must be a false pretense or property be received by the offender in trust,
fraudulent representation as to his power, or on commission, or for administration, or
influence, qualifications, property, credit, under any obligation involving the duty to
agency, business or imaginary transactions; make delivery of, or to return, the same; (b)
(b) that such false pretense or fraudulent that there be misappropriation or conversion
representation was made or executed prior of such money or property by the offender,
to or simultaneously with the commission of or denial on his part of such receipt; (c) that
the fraud; (c) that the offended party relied such misappropriation or conversion or de-
on the false pretense, fraudulent act, or nial is to the prejudice of another; (d) that

346
there is a demand made by the offended credits allowed under this Title against the
party on the offender. [Art. 315, RPC]. See said tax. If, during the current taxable year,
also Estafa through misappropriation. the taxpayer reasonably expects to pay a
bigger income tax, he shall file an amended
Estate. 1. The totality of interest which a per-
declaration during any interval of installment
son has from absolute ownership down to
payment dates. [Sec. 74, NIRC, as amend-
naked possession. [PNB v. CA, GR 118357.
ed].
May 6, 1997]. 2. The property and transmis-
sible rights and obligations of a person exist- Estop. Bar or preclude by estoppel.
ing at the time of his death and those which
Estoppel. 1. An admission or representation
have accrued thereto since the opening of
which is rendered conclusive upon the per-
the succession.
son making it, and cannot be denied or dis-
Estate planning. the area of law that deals proved as against the person relying there-
with planning for the inevitability of death, on. [Art. 1431, CC]. 2. It arises when one, by
such as obtaining life insurance to pay for his acts, re-presentations, or admissions, or
the costs of a funeral, preparing a simple by his silence when he ought to speak out,
Will, and other preparations. More compre- intentionally or through culpable negligence
hensive planning, such as preparing a more induces another to believe certain facts to
complex Will, Trust, and related estate plan- exist and such other rightfully relies and acts
ning documents may also be needed. It de- on such belief, so that he will be prejudiced
pends on the size of the estate and how if the former is permitted to deny the exist-
comprehensive the needs are. ence of such facts [Huyatid v. Huyatid,
47265-R, Jan. 4, 1928].
Estate tax. 1. A tax on the right of the de-
ceased person to transmit his/her estate to Estoppel against tenant. A tenant is not per-
his/her lawful heirs and beneficiaries at the mitted to deny the title of his landlord at the
time of death and on certain transfers, which time of the commencement of the relation of
are made by law as equivalent to testamen- landlord and tenant bet. them. This is a con-
tary disposition. It is not a tax on property. It clusive presumption. [Sec. 2 (b), Rule 131,
is a tax imposed on the privilege of transmit- RoC].
ting property upon the death of the owner.
Estoppel against tenants. Exception. [The
The estate tax is based on the laws in force
rule] does not apply if the landlord‘s title has
at the time of death notwithstanding the
expired, or has been conveyed to another,
postponement of the actual possession or
or has been defeated by a title paramount,
enjoyment of the estate by the beneficiary.
subsequent to the commencement of lessor-
2. Generally, a tax on the privilege of trans-
lessee relationship. If there was a change in
ferring property to others after a person's
the nature of the title of the landlord during
death.
the subsistence of the lease, then the pre-
Estimate. To calculate approximately the sumption does not apply. Otherwise, if the
amount, extent, magnitude, position, or val- nature of the landlord‘s title remains as it
ue of something. was during the commencement of the rela-
tion of landlord and tenant, then estoppel
Estimated amount. The projected amount of
lies against the tenant. [Borre v. CA, 242
personal and family expenses. [CSC‘s
Phil 345, 352 (1988)].
Guidelines on the use of the rev. SALN
form]. Estoppel by conduct. Requisites: (a) There
must have been a representation or con-
Estimated tax. The amount which the individ-
cealment of materiel facts; (b) the represen-
ual declared as income tax in his final ad-
tation must have been with knowledge of the
justed and annual income tax return for the
facts; (c) the party to whom it was made
preceding taxable year minus the sum of the

347
must have been ignorant of the truth of the tual facts. [Maneclang v. Baun, GR L-27876
matter; and (d) it must have been made with Apr. 22, 1992].
the intention that the other party would act
Estoppel by record. The rule precluding the
upon it. [Maneclang v. Baun, GR L-27876
litigation of particular issues in a subsequent
Apr. 22, 1992].
action on a different cause of action. [Meral-
Estoppel by deed. 1. A doctrine in Amer. co v. CA, GR L-33794. May 31, 1982]. See
jurisprudence whereby a party creating an Estoppel by judgment.
appearance of fact which is not true is held
Estoppel by silence. Estoppel (that) arises
bound by that appearance as against an-
where a person, who by force of circum-
other person who has acted on the faith of it.
stances is under a duty to another to speak,
[Strong v. Repide, GR L-2101 Nov. 15,
refrains from doing so and thereby leads the
1906]. 2. Bar which precludes one party
other to believe in the existence of a state of
from asserting as against the other party
facts in reliance on which he acts to his
and his privies any right or title in derogation
prejudice. Silence may support an estoppel
of the deed, or from denying the truth of any
whether the failure to speak is intentional or
material facts asserted in it. [Lopez v. CA,
negligent. [Santiago Syjuco, Inc. v. Castro,
GR 127827. Mar. 5, 2003]. Compare with
GR 70403. July 7, 1989].
Estoppel in pais.
Estoppel by verdict. The effect of the former
Estoppel by judgment. The rule precluding
proceeding to preclude further litigation of
the litigation of particular issues in a subse-
the particular facts on which the [court] nec-
quent action on a different cause of action.
essarily made findings in the former action.
[Meralco v. CA, GR L-33794. May 31, 1982].
[Meralco v. CA, GR L-33794. May 31, 1982].
Sometimes called Estoppel by record.
Compare with Estoppel by judgment.
Estoppel by laches. A party cannot invoke
Estoppel doctrine. It is based upon the
the jurisdiction of a court to secure affirma-
grounds of public policy, fair dealing, good
tive relief against his opponent and, after ob-
faith and justice, and its purpose is to forbid
taining or failing to obtain such relief, repu-
one to speak against his own act, represen-
diate or question that same jurisdiction. The
tations, or commitments to the injury of one
question whether the court had jurisdiction
to whom they were directed and who rea-
either of the subject matter of the action or
sonably relied thereon. Said doctrine springs
of the parties was not important in such
from equitable principles and the equities of
cases bec. the party is barred from such
the case. It is designed to aid the law in the
conduct not bec. the judgment or order of
administration of justice where without its
the court is valid and conclusive as an adju-
aid injustice might result. [PNB v. CA, GR L-
dication, but for the reason that such a prac-
30831, Nov. 21, 1979].
tice cannot be tolerated - obviously for rea-
sons of public policy. [Tijam v. Sibonghanoy, Estoppel in pais or by conduct. Also Equi-
GR L-21450. Apr. 15, 1968]. table estoppel. It arises when one, by his
acts, representations or admissions, or by
Estoppel by pais. Requisites: (a) Conduct
his silence when he ought to speak out, in-
amounting to false representation or con-
tentionally, or through culpable negligence,
cealment of material facts or at least calcu-
in-duces another to believe certain facts to
lated to convey the impression that the facts
exist and such other rightfully relies and acts
are otherwise than, and inconsistent with,
on such belief, so that he will be prejudiced
those which the party subsequently attempts
if the former is permitted to deny the exist-
to assert; (b) intent, or at least expectation,
ence of such facts. [Panay Electric v. Ca,
that this conduct shall be acted upon, or at
GR 81939. June 29, 1989]. Compare with
least influenced by the other party; and (c)
Estoppel by deed.
knowledge, actual or constructive, of the ac-

348
Estoppel in pais or by conduct. Also Equi- Ethnicity. The fact or state of belonging to a
table estoppel. Elements: (a) There must social group that has a common natl. or cul-
have been a representation or concealment tural tradition.
of material facts; (b) the representation must
Ethnolinguistic regions. Certain geograph-
have been made with knowledge of the
ical areas where particular groups of people
facts; (c) the party to whom it was made
speak a common language. [Sec. 3, RA
must have been ignorant of the truth of the
7104].
matter; and (d) it must have been made with
the intention that the other party would act Euthanasia. 1. The putting to death, by pain-
upon it. [Bucoy v. Paulino, GR L-25775. Apr. less method, of a terminally-ill or severely
26, 1968; Art. 1437, CC]. debilitated person through the omission [in-
tentionally withholding a life-saving medical
Estrada doctrine. Intl. Law. 1. The doctrine
procedure, also known as Passive euthana-
that espouses a policy of never issuing any
sia] or commission of an act [Active eutha-
declaration giving recognition to govts. and
nasia]. 2. Mercy killing. [Bagajo v. Marave,
of accepting whatever govt. is in effective
GR L-33345. Nov. 20, 1978]. 2. The process
control without raising the issue of recogni-
of painless death to dogs and other animals.
tion. [Sandoval, Pol. Law Reviewer 2003]. 2.
[Sec. 3, RA 9482].
A doctrine attributed to Foreign Minister Ge-
naro Estrada of Mexico. [Cruz, Intl. Law Re- Evasion. An act or instance of escaping,
viewer, 1996 Ed., p. 44]. Compare with Wil- avoiding, or shirking something such as a
son doctrine. duty imposed by law.
Estray. Legal term for a document or record Evasion of service of sentence. Crim. Law.
which is not in the possession of the original The felony committed by any convict who
record creator or his or her successor. shall evade service of his sentence by es-
caping during the term of his imprisonment
Estray record. A public record that is no long-
by reason of final judgment. Such evasion or
er under the custody and control of the Natl.
escape may also take place by means of
Archives or a controlling govt. office. [Sec. 4,
unlawful entry, by breaking doors, windows,
RA 9470].
gates, walls, roofs, or floors, or by using
Et al. Lat. Abbrev. For et alii, meaning "and picklocks, false keys, deceit, violence or in-
others." Ordinarily used in lieu of listing all timidation, or through connivance with other
names of persons involved in a proceeding. convicts or employees of the penal institu-
tion. [Art. 157, RPC].
Et seq. Lat. Abbrev. For et sequentes, mean-
ing "and the following." Ordinarily used in re- Evasion of service of sentence. Crim. Law.
ferring to a Sec. of statutes. Elements: (a) The offender is a convict by
final judgment; (b) he "is serving his sen-
Ethics. Of or relating to moral action and con-
tence which consists in deprivation of liber-
duct; professionally right; conforming to pro-
ty"; and (c) he evades service of sentence
fessional standards.
by escaping during the term of his sentence.
Ethnic. Of, relating to, or characteristic of a [Tanega v. Masakayan, GR L-27191. Feb.
sizable group of people sharing a common 28, 1967].
and distinctive racial, natl., religious, linguis-
Evasion of service of sentence on the oc-
tic, or cultural heritage.
casion of disorder, conflagrations, earth-
Ethnic cleansing. The mass expulsion or quakes, or other calamities. Crim. Law.
killing of members of an ethnic or religious The felony committed by a convict who shall
group in a society. evade the service of his sentence, by leav-
ing the penal institution where he shall have
been confined, on the occasion of disorder

349
resulting from a conflagration, earthquake, duced in court for its examination. [Reforma
explosion, or similar catastrophe, or during a v. De Luna, 104 Phil 286]. 2. Evidence from
mutiny in which he has not participated. [Art. outside, from another source. In certain
158, RPC]. cases, a written instrument may be ex-
plained by evidence aliunde, that is, by evi-
Evasion of the law. A principle of the conflict
dence drawn from sources exterior to the in-
of laws, better known in civilian jurisdictions,
strument itself, e.g., the testimony of a wit-
which consists of the intentional and im-
ness to conversations, admissions, or pre-
proper manipulation of contacts
liminary negotiations. Evidence aliunde (i.e.,
[connecting factors], in order to avoid the
from outside the will) may be received to
application of the proper law.
explain an ambiguity in a will.
Events. Those which Art. 407 of the Civ. Code
Evidence de novo. Lat. Newly discovered
authorizes [to be entered] in the civil registry
evidence.
[such as births, marriages, naturalization
and deaths]. [Silverio v. Rep., GR 174689; Evidence in chief. Direct evidence.
Oct. 22, 2007].
Evidence not formally offered in evidence.
Every. Each one of a group, without exception. [Evidence which although not formally of-
It means all possible and all, taken one by fered] may be ―admitted and considered by
one. [Natl. Housing Corp. v. Juco, GR L- the trial court provided the following re-
64313 Jan. 17, 1985]. quirements are present, viz: 1st, the same
must have been duly identified by testimony
Evict. Expel someone from a property, esp.
duly recorded and, 2nd, the same must
with the support of the law.
have been incorporated in the records of the
Eviction. 1. The act which deprives a person case. [Mato v. CA, GR 116149 Nov. 23,
of the use and enjoyment of property. 1995].
[Torres, Oblig. & Cont., 2000 Ed., p. 350]. 2.
Evidence of good health. Satisfactory proof
The judicial process which takes place
of a person‘s good health condition that is
whenever by a final judgment based on a
acceptable for insurance coverage.
right prior to the sale or an act imputable to
the vendor, the vendee is deprived of the Evidence of insurability. 1. The documenta-
whole or of a part of the thing purchased. tion of the good health condition of the
[Diaz, Bus. Law Rev., 1991 Ed., p. 133]. beneficiary and his/her dependent‘s health
in order to be approved for insurance cover-
Evidence. 1. The means, sanctioned by the
age. 2. The term is broader than the phrase
Rules of Court, of ascertaining in a judicial
Evidence of good health in that it and in-
proceeding the truth respecting a matter of
cludes such other factors as the insured‘s
fact. [Sec. 1, Rule 128, RoC]. 2. Proof of
occupation, habits, financial condition, and
fact(s) presented at a trial. The best and
other risk selection factors.
most common method is by oral testimony
where an eye-witness swears to tell the truth Evident. Clear to the vision and understand-
and to then relate to the court his experi- ing.
ence. Besides oral testimony, an object can
Evident bad faith. [It] connotes a manifest
be deposited with the court (e.g., a signed
deliberate intent on the part of the accused
contract). This is sometimes called real evi-
to do wrong or to cause damage. [Reyes v.
dence. In other cases, evidence can be cir-
Atienza, GR 152243, 23 Sep. 2005]. 2. It
cumstantial.
contemplates a breach of sworn duty
Evidence aliunde. Rem. Law. 1. Such evi- through some perverse motive or ill will. [Vil-
dence other than those documents which lanueva v. Sandiganbayan, GR 105607, 21
the law requires to be produced to be pro- June 1993].

350
Evident premeditation. Elements: (a) The they have inherent equitable powers to de-
time when the accused decided to commit cide disputes.
the crime; (b) an overt act showing that the
Ex cathedra. From the [teacher‘s] chair. With
accused had clung to their determination to
the full authority of office. [Used in Orocio v.
commit the crime; and (c) the lapse of a suf-
COA, GR 75959 Aug. 31, 1992].
ficient period of time bet. the decision and
the execution of the crime, to allow the ac- Ex contractu. Lat. Arising from a contract.
cused to reflect upon the consequences of Compare with Ex delicto.
the act. [People v. Silvestre, GR 109142
Ex delicto. Lat. Arising from a wrong, breach
May 29, 1995].
of duty. Compare with Ex contractu.
Evidentiary. Pertaining to or constituting evi-
dence. Ex die. Lat. A term with a suspensive effect,
from a certain day. [PCIB v. Excolin, GR L-
Evidentiary facts. 1. Facts necessary to prove 27860 & L-27896. Mar. 29, 1974]. Compare
essential or ultimate facts. [Salita v. Mag- with In diem.
tolis, GR 106429. June 13, 1994]. 2. Those
facts which are necessary for determination Ex dolo malo non oritur action. Lat. An ac-
of the ultimate facts; they are the premises tion does not arise from fraud. When an ac-
tion has its origin in fraud or deceit, it cannot
upon which conclusions of ultimate facts are
based. [Tantuico v. Rep., GR 89114. Dec. 2, be supported; thus, a court of law will not
1991]. Compare with Ultimate facts. assist a man who bases his course of action
on an immoral or illegal act.
EWD. See Early warning device.
Ex facto jus oritur. Lat. Law arises only from
Ex abundante (or abundanti) cautela. Lat. 1. facts.
From excessive caution. 2. With abundant
caution. Stated in opposition to a court or- Ex filio. Sp. Of the son. [Barretto v. Tuason,
der, it is an expression that petitioner takes GR 23923. Mar. 23, 1926].
such order with abundant abundant caution. Ex gratia. Lat. Out of kindness. Given as a
Also Ex abundante ad cautelam. favour or gratuitously where no legal obliga-
Ex aequo et bono. Lat. 1. "In justice and fair- tion exists.
ness." Something to be decided ex aequo et Ex gratia argumenti. Lat. For the sake of
bono is something that is to be decided by argument. Also Gratia argumenti.
principles of what is fair and just. Most legal
cases are decided on the strict rule of law. Ex hypothesi. Lat. Acc. to the hypothesis
For example, a contract will be normally up- proposed.
held and enforced by the legal system no Ex mero motu. Lat. Of his own mere motion;
matter how "unfair" it may prove to be. But a of his own accord; voluntarily and without
case to be decided ex aequo et bono, over- prompting or request.
rides the strict rule of law and requires in-
stead a decision based on what is fair and Ex necessitate legis. Lat. From the necessity
just given the circumstances. 2. Acc. to what of law.
is just and good. Maxim that a tribunal Ex necessitate rei. Lat. From the necessity of
should decide a dispute upon rules of equity the thing.
rather upon than upon the existing rules of
intl. law. (a) The ICJ will only make such a Ex nihilo nihil fit. Lat. From nothing, nothing
decision if instructed to do so by the parties. is produced. [PNCC v. CA, GR 118349; May
(b) Other intl. tribunals (incl. the Intl. Labor 23, 1997].
Org. Administrative Tribunal) have held that Ex Officio or Ex-Officio. Lat. By virtue of
one's position or status.

351
Ex Officio Board Member. Any individual who civil rights and remedies only, in effect im-
sits or acts as a member of the BoD or BoT poses penalty or deprivation of a right for
by virtue of one‘s title to another office, and something which when done was lawful; and
without further warrant or appointment. [Sec. (f) deprives a person accused of a crime of
3, RA 10149]. some lawful protection to which he has be-
come entitled, such as the protection of a
Ex pacto illicito non oritur action. Lat. No
former conviction or acquittal, or a procla-
action arises out of an illicit bargain. [Lita
mation of amnesty. [In re: Kay Villegas Ka-
Enterprises, Inc. v. 2nd Civil Cases Div.,
mi, GR L-32485, Oct. 22, 1970].
IAC, GR 64693, 27 Apr. 1984].
Ex post facto law. Consti. Law. A law passed
Ex parte. Lat. For one party only. 1. An appli-
after the occurrence of a fact or commission
cation to the court made by one litigant
of an act, which retrospectively changes the
without notice to the other. [Torres, Oblig. &
legal consequences or relations of such fact
Cont., 2000 Ed., p. 350]. 2. When a defend-
or deed. It is a law which provides for the in-
ant is declared in default [for failure to file
fliction of punishment upon a person for an
answers], or considered as in default [for
act done which, when it was committed, was
failure to appear at the pre-trial], the Court
innocent; a law which aggravates a crime or
may now authorize the Clerk of Court to re-
makes it greater than when it was commit-
ceive evidence ex-parte. [Sec. F, 1, of the
ted; a law that changes the punishment or
Manual for Clerks of Court (pp. 75-76), as
inflicts a greater punishment than the law
amended]. 3. On behalf of only one party,
annexed to the crime when it was commit-
without notice to any other party.
ted; a law that changes the rules of evi-
Ex parte judicial proceeding, order, or in- dence and receives less or different testi-
junction. Rem. Law. A judicial proceeding, mony than was required at the time of the
order, or injunction [which] is taken or grant- commission of the offense in order to con-
ed at the instance and for the benefit of one vict the offender; a law which, assuming to
party only, and without notice to, or contes- regulate civil rights and remedies only, in ef-
tation by, any person adversely interested. fect imposes a penalty or the deprivation of
[Metropolitan Bank & Trust Co. v. Hon. Abad a right which, when done, was lawful; a law
Santos, GR 157867, Dec. 15, 2009]. which deprives persons accused of crime of
some lawful protection to which they have
Ex parte motion. Rem. Law. A motion made become entitled, such as the protection of a
to the court in behalf of one or the other of former conviction or acquittal, or of the proc-
the parties to the action, in the absence and
lamation of amnesty; every law which, in re-
usu. without the knowledge of the other par- lation to the offense or its consequences, al-
ty or parties. See Motion ex parte. ters the situation of a person to his disad-
Ex post facto. Consti. Law. Lat. After the fact. vantage. [People v. Sandiganbayan, GR
A law which: (a) makes criminal an act done 101724. July 3, 1992].
before the passage of the law and which
Ex post facto law. Consti. Law. Requisites:
was innocent when done, and punishes The law must: (a) refer to criminal matters;
such an act; (b) aggravates a crime, or (b) be retroactive in its application; and (c) to
makes it greater than it was, when commit- the prejudice of the accused. [Cruz, Consti.
ted; (c) changes the punishment and inflicts Law, 1989 Ed., p. 244].
a greater punishment than the law annexed
to the crime when committed; (d) alters the Ex rel. Lat. Abbrev. of ex relatione, meaning
legal rules of evidence, and authorizes con- ―on the relation of.‖ It refers to information or
viction upon less or different testimony than action taken that is not based on first-hand
the law required at the time of the commis- experience but is based on the statement or
sion of the offense; (e) assuming to regulate account of another person.

352
Ex turpi causa non oritur action. Lat. From a Examination-in-chief. Rem. Law. The ques-
base cause no action arises. The legal prin- tioning of one lawyer‘s own witness under
ciple thus expressed is that, on grounds of oath. Witnesses are introduced to a trial by
public policy, no court will lend its aid to a their examination-in-chief, which is when
party who founds his cause of action on an they answer questions asked by the lawyer
illegal or an immoral act. representing the party which called them to
the stand. After their examination-in-chief,
Exaltation. Legal Med. A feeling of unwarrant-
the other party's lawyer can question them
ed well-being and happiness. [Olarte, Legal
too; this is called cross-examination.
Med., 1st Ed. (2004), p. 150].
Exceed. To go beyond what is allowed or
Examination. Admin. Law. 1. A civil service
stipulated by a set limit, esp. of one's au-
examination conducted by the CSC and its
thority.
regional offices or by other departments or
agencies with the assistance of the Com- Exceeds arrangements. A banking phrase
mission, or in coordination or jointly with it, indicating that there was no deposit or ar-
and those that it may delegate to depart- rangement with the bank for the payment of
ments and agencies pursuant to PD 807, or the dishonored check.
those that may have been delegated by law.
Excellence. The efficient, effective and inno-
[Sec. 3, PD 807]. 2 As applied to auditing, it
vative delivery of relevant, functional, and
means "to probe records, or inspect securi-
quality programs in teacher education, train-
ties or other documents; review procedures,
ing, re-search and community service. [Sec.
and question persons, all for the purpose of
2, RA 7784].
arriving at an opinion of accuracy, propriety,
sufficiency, and the like." [Arias v. Sandi- Excellent. Extremely good; outstanding.
ganbayan, GR 81563. Dec. 19, 1989]. 3. A
search, investigation or scrutiny. [Rural Except. Not including; other than.
Bank of San Miguel, Inc. v. Monetary Board, Exceptio firmat regulam in casibus non
GR 150886, Feb. 16, 2007]. Compare with exceptis. Lat. Expressed exception or ex-
Report. emption excludes others. [Tibay v. CA, GR
Examination of books. The mathematical 119655. May 24, 1996].
process of verifying figures and computa- Exception. A person or thing that is excluded
tions without in any way determining wheth- from a general statement or does not follow
er or not a particular item may be allowed. In a rule.
other words, examination is but a phase of
auditing, auditing being more comprehen- Excess. An amount of something that is more
sive than examination. than necessary, permitted, or desirable.
Examination of debtor. Rem. Law. Under Excess of jurisdiction. Rem. Law. The court
Sec. 38, Rule 39 of the Rules of Court, the has jurisdiction but fails to comply with the
examination of a judgment debtor when the conditions prescribed for its exercise.
execution is returned unsatisfied which is a [Bench Book for Trial Court Judges, p. 2-
proceeding supplementary to execution and 86]. 2. [This] occurs when the court trans-
is entirely statutory. They are supplementary cends its power or acts without any statutory
proceedings, in part a summary method of authority; or results when an act, though
purging the debtor‘s conscience and com- within the general power of a tribunal, board
pelling the disclosure of any property he or officer (to do) is not authorized, and is in-
may have which is not exempt from execu- valid with respect to the particular proceed-
tion. ing, bec. the conditions which alone author-
ize the exercise of the general power in re-
spect of it are wanting. [Tagle v. Equitable

353
PCI Bank, GR 172299, Apr. 22, 2008]. 3. An of justice and equity in trade, of facilitating
act, though within the general power of a tri- the speedy adjustment of business disputes,
bunal, board or officer is not authorized, and of acquiring and disseminating valuable
invalid with respect to the particular pro- commercial and economic information and
ceeding, bec. the conditions which alone au- generally of securing to its members the
thorize the exercise of the general power in benefits of co-operation in the furtherance of
respect of it are wanting. [Toyota Motor their legitimate pursuits. [Lopez, Locsin,
Phils. Corp. Workers‘ Assoc. (TMPCWA) v. Ledesma & Co., Inc. v. CA, GR L-41291.
CA, GR 148924. Sep. 24, 2003]. Compare Dec. 8, 1988]. 4. Any entity registered with
with Without jurisdiction. the SEC as a stock exchange pursuant to
the Securities Regulation Code. [Sec. 3, RA
Excess property. A property no longer need-
9856].
ed by a department or an office. [IRR on
Supply & Prop. Mgt., per Sec. 383, LGC]. Exchange contract. See Barter contract.
Excessive. More than is necessary, normal, or Exchange control. A rule that made it illegal
desirable; immoderate. for anybody to possess or keep in the Phils.
any form of money or currency other than
Excessive expenditures. Unreasonable ex-
Phil. currency and for Filipino citizens to
pense or expenses incur-red at an immod-
possess or keep outside the Phils. any form
erate quantity and exorbitant price. These
of foreign currency. Anybody in the Phils.
include expenses which exceed what is
desiring to use foreign currency had to apply
usual or proper as well as expenses which
to the Central Bank (now Bangko Sentral) or
are unreasonably high, and beyond just
to any of its duly authorized agents - li-
measure or amount. They also include ex-
censed commercial banks doing business in
penses in excess of reasonable limits. [Arri-
the Phils. - for a license to purchase foreign
ola v. COA, GR 90364. Sep. 30, 1991].
currency, stating in his application the rea-
Excessive fine. A fine that exceeds the ut- son justifying his request.
most limit of punishment which the vindica-
Exchange of agreement. Intl. Law. An intl.
tion of the law demands. [US v. Valera, GR
agreement entered into bet. the executive
8956. Feb. 4, 1914].
department of govts. concerning matters of
Exchange. 1. An organized market place or lesser importance than those dealt with by
facility that brings together buyers and treaties. Usu., they do not require the con-
sellers and executes trade of securities currence of legislative bodies to make them
and/or commodities. [Sec. 3, SRC]. 2. Any effective. [Coquia and Santiago, Intl. Law,
org., assoc., or group of persons which con- 3rd Ed. (1998), p. 493].
stitutes, maintains, or provides a market
Exchange of Information on Tax Matters
place or facilities for bringing together pur-
Act of 2009. RA 10021 entitled ―An Act to
chasers and sellers of securities or for oth-
Allow the Exchange of Information by the
erwise performing with respect to securities
BIR of Tax Matters Pursuant to Internation-
the functions commonly performed by a
ally-Agreed Tax Standards, Amending Secs.
stock exchange as that term is generally
6(F), 71 and 270 of the NIRC of 1997, as
understood, and includes the market place
Amended, and for Other Purposes‖ enacted
and the market facilities maintained by such
on Mar. 8, 2010.
exchange. [Sec. 3, RA 2629]. 3. A voluntary
assoc. or corp. organized for the purpose of Exchange of notes. Intl. Law. An informal
furnishing to its members a convenient and method by which States subscribe to a cer-
suitable place to transact their business of tain understanding or recognize certain obli-
promoting uniformity in the customs and us- gations as binding upon them. Usu., formal
ages of merchants, of inculcating principles notes are exchanged by ministers of foreign

354
affairs acting in behalf of their govts. [Coquia J., concurring and dissenting opinion, in No-
and Santiago, Intl. Law, 3rd Ed. (1998), p. lasco v. Paño, GR L-69803. Oct. 8, 1985]. 2.
492]. Rem. Law. The rule preventing illegally ob-
tained evidence to be used in any trial. 3.
Exchange rate or Rate of exchange. The
Spec. Pro. The rule that the court first taking
price, or the indication of the price, at which
cognizance of the settlement of the estate of
one can sell or buy with one's own domestic
the decedent shall exercise jurisdiction to
currency a foreign currency unit. Normally,
the exclusion of all other courts. [Sec. 1,
the rate is determined by the law of supply
Rule 73, RoC].
and demand for a particular currency. [Gon-
zalo L. Manuel & Co. v. Central Bank, GR L- Exclusive. Possessed to the exclusion of
21789. Apr. 30, 1971]. See also Legal ex- others; appertaining to the subject alone, not
change rate. incl., admitting or pertaining to another or
others, undivided, sole. [Tolentino v. Sec. of
Excise duty. An inland impost, levied upon
Finance, GR 115455. Aug. 25, 1994].
articles of manufacture or sale, and also up-
on licenses to pursue certain trades or to Exclusive bargaining representative. Labor.
deal in certain commodities. [Garcia v. Exec. Any legitimate labor org. duly recognized or
Sec., GR 101273. July 3, 1992]. certified as the sole and exclusive bargain-
ing agent of all the employees in a bargain-
Excise. A tax levied on certain goods and
ing unit. [Sec. 1, DO 09, s. 1997, amending
commodities produced or sold within a
Book V, LC].
country and on licenses granted for certain
activities. Exclusive control. No other person or entity
had any control over the instrumentality
Excise tax. 1. Tax, either specific and/or ad
which caused the damage or injury. [Univ. of
valorem, imposed on selected articles man-
the East v. Jader, GR 132344, Feb. 17,
ufactured or produced in the country for do-
2000].
mestic sale or consumption or for any other
disposition, and on selected imports. 2. A Exclusive economic zone (EEZ). 1. An area
charge imposed upon the performance of an beyond and adjacent to the territorial sea
act, the enjoyment of a privilege, or the en- which shall not extend beyond 200 nautical
gaging in an occupation. [Villanueva v. City miles from the baselines as defined under
of Iloilo, GR L-26521. Dec. 28, 1968]. existing laws. [Sec. 4, RA 8550]. 2. The wa-
ter, sea bottom and subsurface measured
Exclude. To shut out; to hinder from entrance
from the baseline of the Phil. archipelago up
or admission; to debar from participation or
to 200 nautical miles offshore. [Sec. 3, RA
enjoyment; to deprive of; to except.
7942]. 3. A zone extending up to 200 nauti-
Exclusion. 1. The process or state of excl. or cal miles from the baselines of a state over
being excluded. 2. An item or risk specifical- which the coastal state has sovereign rights
ly not covered by an insurance policy or for the purpose of exploring and exploiting,
other contract. conserving and managing the natural re-
sources, whether living or nonliving, of the
Exclusionary. The act or practice of exclud- waters superjacent to the seabed and of the
ing. seabed and subsoil, and with regard to other
Exclusionary rule. 1. Consti. Law. The rule activities for the economic exploitation and
enforcing the constitutional injunction exploration of the zone. (Arts. 56 and 57,
against unreasonable searches and sei- UNCLOS]. Compare with Contiguous
zures by outlawing all evidence illegally zone.
seized and thereby removing the incentive Exclusive jurisdiction. It precludes the idea
on the part of the military and police officers
of co-existence and refers to jurisdiction
to disregard such basic rights. [Teehankee,

355
possessed to the exclusion of others. [Ong Excusable negligence. Such [negligence]
v. Parel, GR 76710. Dec. 21, 1987, pp. 673 that ordinary diligence and prudence could
and 1251]. not have guarded against it. [Guevarra v.
Bautista, GR 148435, Nov. 28, 2008].
Exclusive possession. Possession when the
adverse possessor can show exclusive do- Excussion. Previous exhaustion of the proper-
minion over the land and an appropriation of ty of the debtor. [Art. 2059, CC].
it to his own use and benefit. [Dir. of Lands
Excussion, Exceptions to benefits of. The
v. IAC, GR 68946. May 22, 1992, 5th Ed.,
guarantor is not entitled to the benefits of
507].
excussion (a) if he has expressly renounced
Exclusive property of each spouse. Fam. it; (b) if he has bound himself solidarily with
Law. The following shall be the exclusive the debtor; (c) in case of insolvency of the
property of each spouse: (a) That which is debtor; (d) when he has absconded, or can-
brought to the marriage as his or her own; not be sued within the Phils. unless he has
(b) that which each acquires during the mar- left a manager or representative; (e) if it may
riage by gratuitous title; (c) that which is ac- be presumed that an execution on the prop-
quired by right of redemption, by barter or by erty of the principal debtor would not result
exchange with property belonging to only in the satisfaction of the obligation. [Art.
one of the spouses; and (d) that which is 2059, CC].
purchased with exclusive money of the wife
Execute. To complete; to sign; to carry out
or of the husband. [Art. 109, FC].
acc. to its terms.
Exclusive sand and gravel permit. The per-
Execute a contract. Civ. Law. The ordinary or
mit granted by the provincial governor to any
dictionary meaning of the term is or in-
qualified person to quarry and utilize sand
cludes: to put into effect; carry out fully and
and gravel or other loose or unconsolidated
completely; perform, effect; to give effect to;
materials from public lands for his own use,
do what is provided or required; perform the
provided that there will be no commercial
requirements of; perform the acts necessary
disposition thereof. [Sec. 48, RA 7942].
to the effectiveness of; complete; perform
Exclusively. 1. Apart from all others; only; what is required to give validity to (as by
solely; substantially all or for the greater signing and perhaps sealing and delivering).
part. To the exclusion of all others; without [Eastern Assurance & Surety Corp. v. IAC,
admission of others to participation; in a GR 69450. Nov. 22, 1989].
manner of exclude. [Tolentino v. Sec. of Fi-
Executed. Civ. Law. It means that all the
nance, GR 115455. Aug. 25, 1994]. 2. In an
terms of the contract have been fulfilled.
exclusive manner, to the exclusion of all
others; only; as, it is his, exclusively.
Compare with Executory.
Exculpate. To excuse or justify a wrong ac-
Execution. Civ. Law. The term is understood
tion.
ordinarily and literally as referring to both the
Excusable. Capable of being overlooked. act or process of executing; performance,
accomplishment, and, the act of signing,
Excusable neglect. Failure to take the proper
sealing, and delivering a legal instrument or
steps at the proper time, not in consequence
giving it the forms required to make it valid.
of a party‘s own carelessness, inattention, or
Thus, the ordinary meaning of execution is
willful disregard of the unavoidable hin-
not limited to the signing or concluding of a
drance on the care and vigilance of his
contract but includes as well the perfor-
counsel or on promises made by the ad-
mance or implementation or accomplish-
verse party. [Albano, Rem. Law Reviewer,
ment of the terms and conditions of such
1st Ed., p. 340, 5th Ed., p. 508].

356
contract. [Eastern Assurance & Surety Corp. ABS-CBN Broadcasting Corp. v. Ombuds-
v. IAC, GR 69450. Nov. 22, 1989]. man, GR 133347. Apr. 23, 2010].
Execution. Rem. Law. 1. The accomplishment Execution of deeds by means of violence or
of a thing; the completion of an act or in- intimidation. The offense committed by any
strument; the fulfillment of an undertaking. person who, with intent to defraud another,
[Francisco, Evidence, Vol. VII, Part 1, 1997 by means of violence or intimidation, shall
Ed., p. 155]. 2. The process which carries compel him to sign, execute or deliver any
into effect a decree or judgment. [PAL v. public instrument or documents. [Art. 298,
CA, GR 49188. Jan. 30, 1990]. 3. The fruit RPC].
and end of the suit and is the life of the law.
Execution of judgment pending appeal.
[Villareal v. Rarama, AM P-94-1108 Aug. 23,
Requisites for the valid exercise of the dis-
1995].
cretion: (a) There must be a motion by the
Execution and delivery of the document; by prevailing party with notice to the adverse
whom established. The execution and de- party; (b) there must be a good reason for
livery of the document may be established: execution pending appeal; and (c) the good
(a) by the person or persons who executed reason must be stated in a special order.
it; (b) by the person before whom its execu- [Eng‘g. Const. v. Napocor, GR L-34589
tion was acknowledged; (c) by any person June 29, 1988].
who was present and saw it executed and
Execution of judgment pending appeal. An
delivered; (d) by any person who, after its
extraordinary remedy allowed only when
execution and delivery, saw it and recog-
there are reasons to believe that the judg-
nized the signatures; or (e) by a person to
ment debtor will not be able to satisfy the
whom the parties to the instrument had pre-
judgment debt if the appeals process will still
viously confessed the execution thereof. [E.
have to be awaited. It requires proof of cir-
Michael & Co. v. Enriquez, GR 10824. Dec.
cumstances such as insolvency or attempts
24, 1915]. See also Destruction of the in-
to escape, abscond or evade a just debt.
strument; how proved and Loss of the
[Urban Bank, Inc. v. Peña, GR 145817, Oct.
instrument; how shown.
19, 2011]. See Discretionary execution.
Execution as a matter of right. Execution
Execution of judgments; when stayed. The
[that] will issue only (a) when the judgment
court would invariably stay execution of
has become final and executory; (b) when
judgments: (a) when certain facts and cir-
the judgment debtor has renounced or
cumstances transpire or supervene after the
waived his right of appeal; (c) when the pe-
judgment has become final which could ren-
riod for appeal has lapsed without an appeal
der the execution of the judgment unjust; (b)
having been filed; or (d) when, having been
when there has been a change in the situa-
filed, the appeal has been resolved and the
tion of the parties which make such execu-
records of the case have been returned to
tion inequitable or would render the execu-
the court of origin. [City of Iligan v. Principal
tion of the judgment unjust; (c) when it ap-
Mngt. Group, Inc., GR 145260 July 31,
pears that the controversy had never been
2003]. See Ministerial execution.
submitted to the judgment of the court; (d)
Execution of deeds by means of violence or when it appears that the writ has been is-
intimidation. Elements: (a) That the offend- sued improvidently or without authority or
er has intent to defraud another; (b) that the against the wrong party; (e) that the judg-
offender compels him to sign, execute, or ment debt has been paid or otherwise satis-
deliver any public instrument or document; fied; or (f) where it becomes imperative, in
and (c) that the compulsion is by means of the higher interests of justice, to direct its
violence or intimidation. [Art. 298, RPC; modification in order to harmonize the dis-
position with the prevailing circumstances.

357
[Ortegas v. Hidalgo, GR 80140. June 28, Executive determination of probable cause.
1991]. Rem. Law. One made during preliminary in-
vestigation. It is a function that properly per-
Execution, Writ of. See Writ of Execution.
tains to the public prosecutor who is given a
Executive. 1. N. The branch of govt. charged broad discretion to determine whether prob-
with putting into effect a country's laws and able cause exists and to charge those whom
the administering of its functions. 2. A per- he believes to have committed the crime as
son or group having administrative or man- defined by law and thus should be held for
agerial authority in an org. 3. Adj. Of, relat- trial. [People v. Castillo, GR 171188, June
ing to, capable of, or suited for carrying out 19, 2009]. Compare with Judicial determi-
or executing. nation of probable cause.
Executive act. The term includes any and all Executive judge. The presiding or administra-
acts of the Executive, incl. those that are tive judge in a court.
quasi-legislative and quasi-judicial in nature.
Executive Office. The Offices of the Executive
Executive agreement. A treaty or intl. agree- Secretary, Deputy Executive Secretaries
ment entered into by a state's executive and Assistant Executive Secretaries. [Sec.
without following the state's constitutionally 22(2), Admin. Code of 1987].
required ratification procedure. It is not ef-
Executive Orders. Acts of the Pres. providing
fective domestically.
for rules of a general or permanent charac-
Executive clemency. The power usu. of a ter in implementation or execution of consti-
Pres. to pardon or commute the sentence of tutional or statutory powers shall be promul-
someone convicted in that jurisdiction. See gated in executive orders. [Sec. 2, Admin.
Clemency. Code of 1987].
Executive committee. A committee created Executive power. Pol. Law. The power to
under the by-laws of a corp. composed of enforce and administer the laws. It is the
not less than 3 members of the BoD, to be power of carrying the laws into practical op-
appointed by such board, which may act, by eration and enforcing their due observance.
majority vote of all its members, on such [Ople v. Torres, GR 127685. July 23, 1998].
specific matters within the competence of
Executive privilege. The power of the Pres. to
the board, as may be delegated to it in the
withhold certain types information from the
by-laws or on a majority vote of the board,
courts, the Congress, and ultimately the
except with respect to: (a) approval of any
public. Apart from diplomatic and military
action for which shareholders' approval is
secrets and the identity of govt. informers,
also required; (b) the filing of vacancies in
another type of information covered by ex-
the board; (c) the amendment or repeal of
ecutive privilege relates to information about
by-laws or the adoption of new by-laws; (d)
internal deliberations comprising the pro-
the amendment or repeal of any resolution
cess by which govt. decisions are reached
of the board which by its express terms is
or policies formulated. [Senate v. Ermita,
not so amendable or repealable; and (e) a
GR 169777, Apr. 20, 2006].
distribution of cash dividends to the share-
holders. [Sec. 35, Corp. Code]. Executive privilege doctrine. [The doctrine
stating that the] Pres. and those who assist
Executive construction. The construction
him must be free to explore alternatives in
and interpretation of laws or statutes by the
the process of shaping policies and making
various executive heads of the various de-
decisions and to do so in a way many would
partments of the govt. [Suarez, Pol. Law
be unwilling to express except privately.
Reviewer, 1st Ed., 2002, pp. 9].
These are the considerations justifying a
presumptive privilege for Presidential com-

358
munications. The privilege is fundamental to Exemplary or Corrective damages. 1. These
the operation of govt. and inextricably rooted are imposed, by way of example or correc-
in the separation of powers under the Con- tion for the public good, in addition to the
sti. [Almonte v. Vasquez, GR 95367 May 23, moral, temperate, liquidated or compensato-
1995]. ry damages. [Art. 2229, CC]. 2. Damages
which are given in enhancement merely of
Executor. 1. The person named in the will who
the ordinary damages on account of wanton,
is entrusted to implement its provisions. But
reckless, malicious or oppressive character
the executor needs to be issued letters tes-
of the acts complained of. Such damages go
tamentary after the court determines his or
beyond the actual damages suffered in the
her qualifications. A lady executor is called
case; they are allowed as a punishment of
executrix. [Bench Book for Trial Court Judg-
the defendant as a deterrent to others. The
es, p. 3-2]. 2. A person specifically appoint-
terms exemplary, punitive and vindictive
ed by a testator to administer the will ensur-
damages are used interchangeably. [Torres,
ing that final wishes are respected (i.e., that
Oblig. & Cont., 2000 Ed., p. 335].
the will is properly executed). An executor is
a personal representative. 3. A personal Exempt. Free from an obligation or liability
representative, named in a will, who admin- imposed on others.
isters an estate.
Exempting circumstances. 1. [A type of de-
Executory. It means that some provisions of fense which] by its nature, admits that crimi-
the contract still have to be complied with. nal and civil liabilities exist, but the accused
[Torres, Oblig. & Cont., 2000 Ed., p. 350]. is freed from criminal liability; in other words,
Compare with Executed. the accused committed a crime, but he can-
not be held criminally liable therefor bec. of
Executory contract. A contract where no
an exemption granted by law. [Sierra v.
performance has yet been made.
People, GR 182941, July 3, 2009]. 2. Those
Executory final judgment. [A final judgment circumstances wherein there is an absence
that] becomes immutable and unalterable. It in the agent of the crime any or all of the
may no longer be modified in any respect ei- conditions that would make an act voluntary
ther by the court which rendered it. [SSS v. and hence, although there is no criminal lia-
Isip, GR 165417, Apr. 3, 2007]. bility, there is civil liability. [Gregorio, Fund.
of Crim. Law Rev., 1997 9th Ed., p. 51].
Exemplary. 1. Serving as a desirable model;
representing the best of its kind. 2. Charac- Exemption. The process of freeing or state of
teristic of its kind or illustrating a general being free from an obligation or liability im-
rule. posed on others.
Exemplary damages. Requirements for Exemption from taxation. The process of
award: (a) They may be imposed by way of exempting a person from paying taxes on a
example in addition to compensatory dam- specified amount of income for themselves
ages, and only after the claimant‘s right to and their dependents. See Tax exemption.
them has been established; (b) that they
Exequatur. From Lat. exequi: to perform or to
cannot be recovered as a matter of right,
execute. 1. Hearing to determine if a foreign
their determination depending upon the
judgment should be recognized and en-
amount of compensatory damages that may
forced locally. 2. The permission given the
be awarded to the claimant; and (c) the act
consuls by the receiving state to perform
must be accompanied by bad faith or done
their functions therein. [Cruz, Intl. Law Re-
in a wanton, fraudulent, oppressive or ma-
viewer, 1996 Ed., p. 90]. 3. An authorization
levolent manner. [Natl. Steel Corp. v. RTC
from the receiving state admitting the head
of Lanao del Norte, GR 127004, Mar. 11,
of a consular post to the exercise of his
1999].

359
functions. For example, if the Phils. appoints due deliberation. [Rep. v. Lacap, GR
a consul general for New York, he cannot 158253, Mar. 2, 2007].
start performing his functions unless the
Exhaustion of remedies. Intl. Law. Before
Pres. of the US issues an exequatur to him.
suit may be brought against a state in an
Compare with Letter patent.
intl. tribunal on behalf of a private person,
Exhaust. To use up completely. the private person must first seek to obtain
relief from that state.
Exhaustion. This occurs at the moment when
the intel. prop. rights holder‘s control over Exhaustion of rights doctrine. Intel. Prop.
the use and disposition of goods and ser- The doctrine that holds that once a good
vices embodying such rights ceases in order made or sold under license is in circulation,
to permit the free transfer of goods and ser- the licensor has no further right to control its
vices within and across national borders. distribution.
Exhaustion doctrine. The doctrine that once Exhibitionism. Also Indecent exposure.
a copy of a copyrighted work is in circula- Legal Med. The willful exposure in public
tion, the author has no further right to control places of one‘s genital in the presence of
its distribution. See also Doctrine of ex- other persons, usu. the opposite sex.
haustion. [Olarte, Legal Med., 1st Ed. (2004), p. 118].
Exhaustion of administrative remedies. Exhibitionist. Legal Med. Someone with a
Resort to the appropriate admin. authorities compulsive desire to expose the genitals.
in the resolution of a controversy falling un-
Exhibits. Evid. 1. Documents or objects
der their jurisdiction before the same may be
shown to the court as evidence in a trial.
elevated to the courts of justice for review.
They are each given a number or letter by
[Sunville v. Abad, GR 85502. Feb. 24,
the clerk of court as they are introduced for
1992].
future reference during the trial. Except with
Exhaustion of administrative remedies. special permission of the court, exhibits are
Exceptions: (a) When the question raised is placed in the custody of the court until the
purely legal; (b) when the administrative trial is over. 2. Documents or other items in-
body is in estoppel; (c) when the act com- troduced as evidence during a trial or hear-
plained of is patently illegal; (d) when there ing.
is urgent need for judicial intervention; (e)
Exhumation. The act of digging something out
when the claim involved is small; (f) when
of the ground esp. a corpse where it has
irreparable damage will be suffered; (g)
been buried. See Disinterment.
when there is no other plain, speedy and
adequate remedy; (h) when strong public in- Exhume. To dig out something buried, esp. a
terest is involved; (i) when the subject of the corpse, from the ground.
controversy is private land; and (j) in quo
warranto proceedings. Exigencies of the service. Admin. Law. The
urgency or demand for the work performed
Exhaustion of administrative remedies doc- by a govt. officer.
trine. The general rule that before a party
may seek the intervention of the court, he Exigencies or Exigency. In a broad sense,
should first avail of all the means afforded the demands or requirements inherent in a
him by administrative processes. The issues given situation. In a strict sense, a state of
which administrative agencies are author- being urgent; a situation which demands
immediate attention and prompt solution; an
ized to decide should not be summarily tak-
en from them and submitted to a court with- emergency.
out first giving such administrative agency
the opportunity to dispose of the same after

360
Existence of insurable interest. Ins. The Exonerate. 1. To exculpate, to relieve.
insured in a contract of insurance possesses [Clemente v. COA, GR L-47793. Mar. 20,
an interest of some kind susceptible of pe- 1984]. To clear from accusation or blame.
cuniary estimation, known as ―insurable in- [Ibid.]. The word may imply complete clear-
terest.‖ In general [except in life insurance ance not only from immediate charge or ac-
policies], a person is deemed to have an in- cusation but from suspicion or attendant
surable interest in the subject matter insured denigration. [Ibid.]. 2. Removal of a charge,
where he has a relation or connection with responsibility, or duty.
or concern in it that he will derive pecuniary
Exoneration. The condition of being relieved
benefit or advantage from its preservation
from blame or obligation.
and will suffer pecuniary loss from its de-
struction or injury by the happening of the Exotic. Intriguingly unusual or different; excit-
event insured against ingly strange.
Existing. In existence or operation at the time Exotic beauty. A term usu. applied to a wom-
under consideration; current. an who is regarded as beautiful, despite the
fact that her looks are not typical of those
Existing mining or quarrying right. A valid
considered to be beautiful in the speaker's
and subsisting mining claim or permit or
culture.
quarry permit or any mining lease contract
or agreement covering a mineralized area Exotic food. Food that a person finds strange
granted or issued under pertinent mining and/or unfamiliar.
laws. [Sec. 3, RA 7942].
Exotic species. Species or subspecies which
Existing mining right. Perfected and subsist- do not naturally occur in the country. [Sec.
ing claim, lease, license or permit covering a 5, RA 9147].
mineralized area prior to its declaration as a
people's small-scale mining area. [Sec. 3, Expanded Breastfeeding Promotion Act of
2009. RA 10028 entiled ―An Act Expanding
RA 7076].
the Promotion of Breastfeeding, Amending
Existing revenue measures. Collections from for the Purpose RA 7600, Otherwise Known
present revenue structure under the NIRC as "An Act Providing Incentives to All Govt.
and Tariff Customs Code and non-tax and Private Health Institutions with Room-
sources (i.e., fees and charges and other ing-In and Breastfeeding Practices and for
receipts). Other Purposes‖ enacted on Mar. 16, 2010.
Ex-officio. Lat. From office; By virtue of office. Expanded Anti-Trafficking in Persons Act
1. An authority derived from official charac- of 2012. RA 10364 entitled ―An Act expand-
ter merely, not expressly conferred upon the ing RA 9208, entitled ―An Act to institute pol-
individual character, but rather annexed to icies to eliminate trafficking in persons esp.
the official position. 2. An act done in an of- women and children, establishing the nec-
ficial character, or as a consequence of of- essary institutional mechanisms for the pro-
fice, and without any other appointment or tection and support of trafficked persons,
authority than that conferred by the office. providing penalties for its violations and for
[Civil Liberties Union v. Exec. Sec., GR other purposes‖ enacted on Feb. 6, 2013.
83896. Feb. 22, 1991].
Expanded Senior Citizens Act of 2010. RA
Ex-officio member of a board. One who is a 9994 entitled ―An Act Granting Additional
member by virtue of his title to a certain of- Benefits and Privileges to Senior Citizens,
fice, and without further warrant or appoint- Further Amending RA 7432, as Amended,
ment. [Civil Liberties Union v. Exec. Sec., Otherwise Known as "An Act to Maximize
GR 83896. Feb. 22, 1991]. the Contribution of Senior Citizens to Nation
Building, Grant Benefits and Special Privi-

361
leges and for Other Purposes‖ enacted on for preliminary determination of discern-
Feb. 15, 2010. ment. [Rule on Juveniles in Conflict with The
Law, AM 02-1-18-SC, Nov. 24, 2009].
Expanded withholding tax. A kind of with-
holding tax which is prescribed on certain Expendable. Subject to use or consumption;
income payments and is creditable against consumable.
the income tax due of the payee for the tax-
Expendable supplies. Articles which are con-
able quarter/year in which the particular in-
sumed in use, such as ammunition, fuel,
come was earned.
forage, drugs, medicines, and such spare or
Ex parte. Lat. On one side only. repair parts as are used to repair or com-
plete other articles and which thereby lose
Ex-parte proceeding. Rem. Law. A judicial
their identity in the process. [IRR on Supply
proceeding brought for the benefit of one
party only, and without notice to, or consent
by any person adversely interested or a pro- Expenditure. 1. Payment. 2. The spending of
ceeding wherein relief is granted without an money; the act of expending; disbursement
opportunity for the person against whom the expense; money expended; a laying out of
relief is sought to be heard. [GSIS v. CA, money; payment.
GR 42278. Jan. 20, 1989].
Expenditure program. The ceiling on the
Expatriate. A person who has abandoned his obligations that could be incurred by the
country of origin and citizenship and has be- govt. in a given budget year. The said ceil-
come a subject or citizen of another country. ing is supported by estimated financial re-
sources.
Expatriation. The voluntary act of abandoning
citizenship of one‘s country, and becoming Expense. An outflow of money to another
the citizen or subject of another. person or group to pay for an item or ser-
vice, or for a category of costs.
Expected results. The services, products, or
benefits that shall accrue to the public, esti- Expenses for pure luxury or mere pleasure.
mated in terms of performance measures or Expenses which shall not be refunded to the
physical targets. [Sec. 306, LGC]. possessor in good faith who he may remove
the ornaments with which he has embel-
Expediente. Sp. 1. Record (of the case or
lished the principal thing if it suffers no injury
proceeding). [Tambunting v. Tambunting de
thereby, and if his successor in the posses-
Oliveros, GR 10365. Sep. 29, 1915]. 2. Cop-
sion does not prefer to refund the amount
ies of all pleadings, communications, docu-
expended. [Art. 548, CC].
ments, and other papers of a case provided
by the Office of the Clerk of Court of the Di- Experimental farms. Agricultural land utilized
vision Clerk of Court to the Offices of the by a business or corp. to conduct studies,
Members of the Sup. Court [and constituted tests, researches or experiments involving
as a file] to facilitate access and easy refer- agricultural, agribusiness, marine, or aquat-
ence to a case. [The Internal Rules of the ic, livestock, poultry, dairy and other similar
Sup. Court, AM 10-4-20-SC, May 4, 2010]. products for the purpose of improving the
quality and quantity of goods or products.
Expedit reipublicae ut sit finis litium. Lat. It
[Art. 243, IRR, LGC].
is for the public good that there be an end of
litigation. [Co. Litt. 303]. Expert. One possessing in regard to a particu-
lar object or department of human activity,
Expedited Transfer of a Child. A process
knowledge not usu. acquired by other per-
where a child who commits an offense is
sons [US v. Gil, GR 4704. Apr. 26, 1909].
immediately brought by the apprehending
officer or private individual to a social worker

362
Expert evidence. The testimony of one pos- opposite sex; (b) bestiality; (c) masturbation;
sessing in regard to a particular subject or (d) sadistic or masochistic abuse; (e)
department of human activity, knowledge lascivious exhibition of the genitals,
not usu. acquired by other persons. [Fran- buttocks, breasts, pubic area and/or anus;
cisco, Evidence, Vol. VII, Part 1, 1997 Ed., or (f) use of any object or instrument for
p. 9]. lascivious acts. [Sec. 3, RA 9775].
Expert testimony. Testimony given in relation Exploit. Make full use of and derive benefit
to some scientific, technical or professional from a resource.
matter by experts, i.e., person qualified to
Exploitation. 1. The actual extraction, gather-
speak authoritatively by reason of their spe-
ing and collection in accordance with ac-
cial training, skill or familiarity with the sub-
ceptable coral development and conserva-
ject.
tion practices. [Sec. 3, PD 1219]. 2. The ex-
Expert witness. 1. A person who by study or traction and utilization of mineral deposits.
experience has acquired particular [Sec. 2, PD 463].
knowledge or experience upon matters of
Exploitation concession. A concession which
technical knowledge or experience upon
grants to the concessionaire the exclusive
matters ot technical knowledge and skill re-
right to develop petroleum production within
lating to a specific business or employ-
the specified areas. [Art. 10, RA 387].
mentgerry. [Dilag & Co. V. Merced, 45 OG
5542]. 2. One who belongs to the profession Exploitation of child labor. Crim. Law. The
or calling to which the subject matter of the felony committed by anyone who, under the
inquiry relates and who possesses special pretext of reimbursing himself of a debt in-
knowledge as to the very question on which curred by an ascendant, guardian or person
he proposes to express an opinion. entrusted with the custody of a minor, shall,
against the latter's will, retain him in his ser-
Expiration. 1. The ending of the fixed period
vice. [Art. 273, RPC].
for which a contract is valid. 2. The end of a
period of time. Exploitation of minors. Crim. Law. The felony
committed by: 1. any person who shall
Expiration of the term. Admin. Law. In the
cause any boy or girl under 16 years of age
law of public officers, a method of terminat-
to perform any dangerous feat of balancing,
ing official relations. [Achacoso v. Macaraig,
physical strength, or contortion; 2. any per-
GR 93023. Mar. 13, 1991].
son who, being an acrobat, gymnast, rope-
Expiry or Expiration date. The date stated on walker, diver, wild-animal tamer or circus
the label of food, drug, cosmetic, device or manager or engaged in a similar calling,
hazardous substance after which they are shall employ in exhibitions of these kinds
not expected to retain their claimed safety, children under 16 years of age who are not
efficacy and quality or potency and after his children or descendants; 3. any person
which it is no longer permissible to sell engaged in any of the callings enumerated
them. [Art. 4, RA 7394]. in the preceding number who shall employ
any descendant of his under 12 years of age
Explicit. Stated clearly and in detail, leaving
in such dangerous exhibitions; 4. any as-
no room for confusion or doubt.
cendant, guardian, teacher or person en-
Explicit sexual activity. [This] includes actual trusted in any capacity with the care of a
or simulated: (a) as to form: (a.1) sexual child under 16 years of age, who shall deliv-
intercourse or lascivious act incl., but not er such child gratuitously to any person fol-
limited to, contact involving genital to lowing any of the callings enumerated in
genital, oral to genital, anal to genital, or oral number 2 hereof, or to any habitual vagrant
to anal, whether bet. persons of the same or or beggar; or 5. any person who shall induce

363
any child under 16 years of age to abandon crackers, blasting caps, black powders,
the home of its ascendants, guardians, cura- bursters, percussions, cartridges and other
tors, or teachers to follow any person en- explosive materials, except bullets for fire-
gaged in any of the callings mentioned in arm. [Sec. 5, RA 6235].
number 2 hereof, or to accompany any ha-
Export. To bring out of the Phils. by sea, land
bitual vagrant or beggar. [Art. 278, RPC].
or air. [Sec. 6, EO 175, May 22, 1987].
Exploited infant or child. An infant or child 8
Export Development Act of 1994. RA 7844
years and below who is used in begging or
entitled ―An Act to develop exports as a key
one who accompanies a habitual vagrant or
towards the achievement of the natl. goals
beggar. [Sec. 3, PD 1563].
towards the year 2000‖ enacted on Dec. 21,
Exploration. 1. The searching or prospecting 1994.
for mineral resources by geological, geo-
Export fees. The total foreign exchange which
chemical or geophysical surveys, remote
is charged or received by a registered ser-
sensing, test pitting, trending, drilling, shaft
vice exporter for furnishing or performing
sinking, tunneling, or any other means for
services, or permitting the showing or play-
the purpose of determining the existence,
ing, outside of the Phils., of television or mo-
extent, quantity and quality thereof and the
tion pictures or musical recordings. [Sec. 3,
feasibility of mining them for profit. [Sec. 3,
RA 6135].
RA 7942]. 2. The examination and investiga-
tion of lands supposed to contain valuable Export incentives. Support measures provid-
minerals, by drilling, trenching, shaft sinking, ed by the govt. to exporters to encourage
tunneling, test pitting and other means, for investment in the export sector, create a
the purpose of probing the presence of min- freer trade environment and motivate ex-
eral deposits and the extent thereof. [Sec. 2, porters to increase export sales and perform
PD 463]. competitively in the export market. [Sec. 4,
RA 7844].
Exploration concession. A concession which
grants to the concessionaire the exclusive Export permit. A permit authorizing an indi-
right to explore for petroleum within speci- vidual to bring out wildlife from the Phils. to
fied areas. [Art. 10, RA 387]. any other country. [Sec. 5, RA 9147].
Exploration expenditures. Expenditures paid Export processing zone (EPZ). 1. A special-
or incurred for the purpose of ascertaining ized industrial estate located physically
the existence, location, extent, or quality of and/or administratively outside customs ter-
any deposit of ore or other mineral, and paid ritory, predominantly oriented to export pro-
or incurred before the beginning of the deduction. Enterprises located in export pro-
velopment stage of the mine or deposit. cessing zones are allowed to import capital
[Sec. 34, NIRC, as amended]. equipment and raw materials free from du-
ties, taxes and other import restrictions.
Exploration permit. The permit granted by the
[Sec. 4, RA 7916]. 2. A free zone in which
Mines and Geosciences Bureau to a quali-
manufacturing facilities allowed to process
fied person for the right to conduct explora-
foreign goods and materials for export with-
tion for all minerals in specified areas. [Sec.
out paying tariffs or duties either when the
20, RA 7942].
goods or materials are imported or exported.
Explosive. Any substance, either solid or liq-
Export promotion. A range of export activities
uid, mixture or single compound, which by
which the public and private sectors under-
chemical reaction liberates heat and gas at
take, such as networking, esp. in export
high speed and causes tremendous pres-
support services and the provision of trade
sure resulting in explosion. The term shall
or market information; org. of trade fairs and
include but not limited to dynamites, fire-

364
missions; provision of advisory services; a foreign customer; (c) the sale or licensing
conduct of seminars, lectures, workshops, of any right in a patent, trademark, or copy-
conferences and training on export-related right to a foreign customer; or (d) the render-
subjects; publication of export-related doc- ing to a foreign customer of any managerial,
uments; handling of quality standards, prod- construction, technological, marketing or
uct design and such other activities aimed at other services. [Sec. 3, RA 6424].
promoting existing exports, esp. those
Exporter. Any person, natural or juridical,
meant to reinforce and improve the position
licensed to do business in the Phils., en-
of Phil. export products in specific foreign
gaged directly or indirectly in the production,
markets, principally being those activities
manufacture or trade of products or services
necessary for the implementation of the Phil.
which earns at least 50% of its normal oper-
Export Development Plan. [Sec. 4, RA
ating revenues from the sale of its products
7844].
or services abroad for foreign currency.
Export sales. It means: (a) The sale and ac- [Sec. 4, RA 7844].
tual shipment of goods from the Phils. to a
Exports. These are data on export shipments
foreign country, irrespective of any shipping
which essentially include all goods leaving
arrangement that may be agreed upon
the country that are properly cleared through
which may influence or determine the trans-
the BoC.
fer of ownership of the goods so exported
and paid for in acceptable foreign currency Exposure. The degree to which the elements
or its equivalent in goods or services, and at risk are likely to experience hazard events
accounted for in accordance with the rules of different magnitudes. [Sec. 3, RA 10121].
and regulations of the Bangko Sentral ng
Pilipinas (BSP); (b) Sale of raw materials or Express. Definitely stated, not merely implied.
packaging materials to a nonresident buyer Express acceptance of the inheritance. An
for delivery to a resident local export- acceptance of the inheritance which must be
oriented enterprise to be used in manufac- made in a public or private document. [Art.
turing, processing, packing or repacking in 1049, CC].
the Phils. of the said buyer's goods and paid
for in acceptable foreign currency and ac- Express consent. 1. That which is directly
counted for in accordance with the rules and given either viva voce or in writing. It is a
regulations of the Bangko Sentral ng Pilipi- positive, direct, unequivocal consent requir-
nas (BSP); (c) Sale of raw materials or ing no inference or implication to supply its
packaging materials to export-oriented en- meaning. [People v. Vergara, GR 101557-
terprise whose export sales exceed 70% of 58 Apr. 28, 1993]. 2. The authority expressly
total annual production; (d) Sale of gold to granted by a law to sue the state or any of
the Bangko Sentral ng Pilipinas (BSP); and its agencies. [Suarez, Pol. Law Reviewer, 1st
(e) Those considered export sales under EO Ed., 2002, p. 37]. Compare with Implied
226, otherwise known as the Omnibus In- consent.
vestment Code of 1987, and other special Express malice. Malice shown by proof of ill-
laws. [Sec. 105, NIRC, as amended]. will, hatred, or purpose to injure. Thus, a re-
Export taxes. Ad valorem levies on goods that publication of defamatory matter subsequent
are shipped out of the territorial jurisdiction to the commencement of an action based
of the Phils. thereon is admissible to establish malice in
fact. [US v. Montalvo, GR 10077. Feb. 26,
Export transaction. Any transaction involving: 1915]. See Malice in fact.
(a) the export of goods out of the Phils.; (b)
the manufacture, treatment or servicing of Express pardon. There is express pardon
goods for, or the sale or leasing of goods to when the offended party in writing or in an
affidavit asserts that he or she is pardoning

365
his or her erring spouse and paramour for Expressio unius est exclusio alterius. Lat.
their adulterous act this is a case of express Express mention is implied exclusion. [Rep.
pardon. [Ligtas v. CA, GR L-47498. May 7, v. Estenzo, GR L-35376. Sep. 11, 1980].
1987]. Compare with Implied pardon.
Expressum facit cessare tacitum. Lat. What
Express prohibition. That which is directly or is expressed makes what is implied silent.
distinctly stated, i.e., prohibited, not merely When a matter is clearly provided in a doc-
implied or left to inference. ument, the clear and precise meaning is to
be adopted. The implied meaning need not
Express repeal. A repeal of a law by incorpo-
be adopted when a clear meaning is provid-
rating therein a repealing provision which
ed.
expressly and specifically cites the particular
law or laws, and portions thereof, that are in- Expromission. Civ. Law. 1. A form of novation
tended to be repealed. A declaration in a wherein the initiative for the change does
statute, usu. in its repealing clause, that a not come from the debtor and may even be
particular and specific law, identified by its made without his knowledge, since it con-
number or title, is repealed. [Mecano v. sists in a 3rd person assuming the obliga-
COA, GR 103982. Dec. 11, 1992]. Compare tion. As such, it logically requires the con-
with Implied repeal. sent of the 3rd person and the creditor. [De
Cortes v. Venturanza, GR L-26058. Oct. 28,
Express trusts. 1. Trusts that are created by
1977]. 2. A form of novation by which a
the intention of the trustor or of the parties.
creditor accepts a new debtor who becomes
[Art. 1441, CC]. 2. Those trusts which are
bound in place of the old debtor, the latter
created by the direct and positive acts of the
being released. [Torres, Oblig. & Cont.,
parties, by some writing or deed, or will, or
2000 Ed., p. 350]. Compare with Delega-
by words evincing an intention to create a
cion.
trust. [O'laco v. Co Cho Chit, GR 58010.
Mar. 31, 1993]. Compare with Implied Expropriate. 1. To take away property from its
trusts. owner. 2. To dispossess someone of prop-
erty.
Express warranty. 1. Civ. Law. Any affirma-
tion of fact or any promise by the seller relat- Expropriation. From Lat. Ex: from; and Pro-
ing to the thing the natural tendency of prius: one's own. 1. A taking of privately
which is to induce the buyer to purchase the owned property by a govt. 2. The forced
same, and the buyer relying thereon pur- sale of land to a public authority. Synony-
chases the thing. [Art. 1546, CC]. 2. Ins. A mous to the Doctrine of eminent domain.
statement in a policy of matter relating to the
Expropriation, Stages in an action of. There
person or thing insured, or to the risk, as a
are 2 stages in every action of expropriation.
fact. [Sec. 71, IC].
The 1st is concerned with the determination
Expressed breast milk. The human milk of the authority of the plaintiff to exercise the
which has been extracted from the breast by power of eminent domain and the propriety
hand or by breast pump. It can be fed to an of its exercise in the context of the facts in-
infant using a dropper, a nasogatric tube, a volved in the suit. It ends with an order, if
cup and spoon, or a bottle. [Sec. 3, RA not of dismissal of the action, of condemna-
10028; Sec. 3, RA 7600]. tion declaring that the plaintiff has a lawful
right to take the property sought to be con-
Expressing. A way of taking milk from the
demned, for the public use or purpose de-
mother‘s breast without the baby suckling.
scribed in the complaint, upon the payment
Expressing milk. The act of extracting human of just compensation to be determined as of
milk from the breast by hand or by pump in- the date of the filing of the complaint. An or-
to a container. [Sec. 3, RA 10028]. der of dismissal, if this be ordained, would

366
be a final one, of course, since it finally dis- sector such as training of farmers, credit as-
poses of the action and leaves nothing more sistance and the like. [Sec. 4, RA 7607].
to be done by the Court on the merits. So,
Extension worker. A govt. employee who is
too, would an order of condemnation be a
primarily or fully engaged in the non-formal
final one, for thereafter, as the Rules ex-
transfer of scientific and technological
pressly state, in the proceedings before the
knowledge and skills for the practical use of
Trial Court, no objection to the exercise of
a specific target clientele by performing any
the right of condemnation (or the propriety
one or a combination of the functions of fa-
thereof) shall be filed or heard. The 2nd
cilitating, supervising, disseminating, or im-
phase of the eminent domain action is con-
plementing. [EO 715, Aug. 6, 1981].
cerned with the determination by the Court
of the just compensation for the property Exterminate. To get rid of by destroying com-
sought to be taken. [Mun. of Biñan v. Gar- pletely; extirpate.
cia, GR 69260. Dec. 22, 1989].
Extermination. The intl. infliction of conditions
Expulsion. Crim. Law. The felony committed of life, inter alia, the deprivation of access to
by any public officer or employee who, not food and medicine, calculated to bring about
being authorized by law, shall expel any the destruction of a part of a population.
person from the Phils. or shall compel such [Sec. 3, RA 9851].
person to change his residence. [Art. 127,
RPC]. External. Belonging to or forming the outer
surface or structure of something.
Expunge. To physically erase; to white or
strike out. To Expunge something from a External sources of funds. Those that are
obtained from such sources as foreign and
court record means to remove every refer-
ence to it from the court file. domestic borrowings, contributions from the
Natl. Govt. in the form of subsidy or capital
Extant. Still in existence; not destroyed, lost, subscription payments, funds generated
or extinct. through sale of stocks to the public, and do-
nations from private individuals or institu-
Extended insurance. An insurance where the
tions [Sec. 3, EO 518].
insured is given a right, upon default, after
payment of at least 3 full annual premiums Extinction. The state or process of ceasing or
[see Sec. 227 (f), IC] to have the policy con- causing something to cease to exist.
tinued in force from the date of default for a
time either stated or equal to the amount as Extinctive. Tending to extinguish or make
the net value of the policy taken as a single extinct.
premium, will purchase. [De Leon, The Ins. Extinctive novation. Civ. Law. [A novation
Code of the Phils. Annotated, 2006]. which has] the twin effects of, 1st, extin-
Extension. An allowance of extra time, as for guishing an existing obligation and, 2nd,
the repayment of a debt or for the filing of a creating a new one in its stead. [Iloilo Trad-
pleading. ers Finance, Inc. v. Soriano, GR 149683.
June 16, 2003]. Compare with Modificatory
Extension services. 1. The provision of train- novation.
ing, information, and support services by the
govt. and non-govt. orgs. to the agriculture Extinctive novation. Civ. Law. Requisites: (a)
and fisheries sectors to improve the tech- A previous valid obligation; (b) an agree-
nical, business and social capabilities of ment of all parties concerned to a new con-
tract; (c) the extinguishment of the old obli-
farmers and fisherfolk. [Sec. 4, RA 8435]. 2.
The technology transfer provided by the gation; and (d) the birth of a new valid obli-
Govt. and non-govt. orgs. to the agricultural gation. [Iloilo Traders Finance, Inc. v. So-
riano, GR 149683. June 16, 2003].

367
Extinctive prescription. The loss of rights Corp. v. Former 6th Div. of the CA, GR
and actions through the lapse of time. 171989, July 4, 2007].
Extinguish. To put an end to; to annihilate. Extradition. Intl. Law. 1. Delivery by the state
of a person accused or convicted of a crime,
Extinguishing criminal liability. Modes: The
to another state within whose territorial ju-
causes that totally extinguish criminal liabil-
risdiction, actual or constructive, it was
ity enumerated under Art. 89 of the Rev.
committed and which asks for his surrender
Penal Code are as follows: (a) the death of
with a view to execute justice. [Wright v. CA,
the convict, as to the personal penalties;
GR 113213. Aug. 15, 1994]. 2. The arrest
and as to pecuniary penalties, liability there-
and delivery of a fugitive wanted for a crime
fore is extinguished only when the death of
committed in another country, usu. under
the offender occurs before final judgment;
the terms of an extradition treaty. 3. The sur-
(b) service of the sentence; (c) amnesty,
render of an accused criminal by one state
which completely extinguishes the penalty
to the jurisdiction of another.
and all its effects; (d) absolute pardon; (e)
prescription of the crime; (f) prescription of Extradition treaties. Intl. Law. Treaties en-
the penalty; (g) the marriage of the offended tered into for the purpose of suppressing
woman, as provided in Art. 344 of the Code. crime by facilitating the arrest and custodial
[Tangan v. People, GR L-73963. Nov. 5, transfer of a fugitive from one state to the
1987]. other. [Sandoval, Pol. Law Reviewer 2003].
Extinguishment of obligations. Obligations Extrajudicial. Outside of the authority of the
are extinguished: (a) by payment or perfor- court.
mance; (b) by the loss of the thing due; (c)
Extrajudicial admission. An admission made
by the condonation or remission of the debt;
out of court. [Francisco, Evidence, Vol. VII,
(d) by the confusion or merger of the rights
Part 1, 1997 Ed., p. 90]. Compare with Ju-
of creditor and debtor; (e) by compensation;
dicial admission.
(f) by novation. [Art. 1231, CC].
Extrajudicial confession. A confession made
Extinguishment of obligations. Other caus-
by the accused in any other place or occa-
es: (a) annulment; (b) rescission; (c) fulfill-
sion and cannot sustain a conviction unless
ment of a resolutory condition; (d) arrival of
its voluntariness is proven and unless cor-
a resolutory period; (e) prescription; (f)
roborated by evidence of the corpus delicti.
death of a party in case of personal obliga-
Compare with Judicial confession.
tions; (g) happening of a fortuitous event.
[Diaz, Bus. Law Rev., 1991 Ed., p. 35]. Extrajudicial confession. Requisites to be
admissible in evidence: (a) it must be volun-
Extort. To obtain from an unwilling or reluctant
tary; (b) it must be made with the assistance
person by physical force, intimidation or the
of competent and independent counsel; (c) it
abuse of legal or official authority. [Macias v.
must be express; and (d) it must be in writ-
Malig, Adm. Case 2409. Jan. 29, 1988,
ing. [People v. Reyes, GR 178300, Mar. 17,
1981 Ed.].
2009].
Extortion. Forcing a person to give up proper-
Extrajudicial killing. The killing of a person by
ty in a thing through the use of violence, fear
governmental authorities without the sanc-
or under pretense of authority.
tion of any judicial proceeding or legal pro-
Extra. Beyond or more than what is usual, cess.
expected, or necessary; additional.
Extralegal. Beyond the province or authority of
Extra ordinem. Lat. Out of order, esp. the law.
usual order. Special rules. [Used in First

368
Extralegal killings. Killings committed without common fluctuation in the value of said cur-
due process of law, i.e., without legal safe- rency, and such decrease or increase could
guards or judicial proceedings. [Sec. of Natl. not have been reasonably foreseen or was
Defense v. Manalo, GR 180906, Oct. 7, manifestly beyond the contemplation of the
2008]. parties at the time of the establishment of
the obligation. [Filipino Pipe and Foundry
Extraordinary. Very unusual or remarkable.
Corp. v. NAWASA, GR L-43446. May 3,
Extraordinary acquisitive prescription. 1. 1988].
The acquisition of ownership and other real
Extraordinary inflation or deflation of cur-
rights over immovable property through un-
rency. Any uncommon decrease or in-
interrupted adverse possession thereof for
crease in the purchasing power of the cur-
30 years, without need of title or of good
rency which could not have been reasonably
faith. [Art. 1137, CC]. 2. This requires that
foreseen. [Torres, Oblig. & Cont., 2000 Ed.,
there be public, peaceful and uninterrupted
p. 115].
possession in the concept of owner for a pe-
riod of 30 years. [Borillo v. CA, GR 55691. Extraordinary prescription. The acquisition
May 21, 1992]. Also called Extraordinary of ownership and other real rights over im-
prescription. movable property through uninterrupted ad-
verse possession thereof for 30 years, with-
Extraordinary diligence. A duty to carry pas-
out need of title or of good faith. [Art. 1137,
sengers safely as far as human care and
CC]. Also called Extraordinary acquisitive
foresight can provide, using the utmost dili-
prescription.
gence of very cautious persons, with a due
regard for all the circumstances. [Art. 1755, Extraordinary receipts. Income which does
CC]. 2. That extreme measure of care and not regularly accrue to the govt., the collec-
caution which persons of unusual prudence tion for which is indefinite or does not de-
and circumspection use for securing and pend entirely on the authority of the govt.
preserving their own property or rights. [Natl.
Extraordinary writ. A writ, often issued by an
Trucking and Forwarding Corp. v. Lorenzo
appellate court, making available remedies
Shipping Corp., GR 153563. Feb. 07, 2005].
not regularly within the powers of lower
3. [The] exacting standard imposed on
courts. They include writs of habeas corpus,
common carriers in a contract of carriage of
mandamus, prohibition and quo warranto.
goods is intended to tilt the scales in favor of
the shipper who is at the mercy of the com- Extraterritorial. Located outside territorial
mon carrier once the goods have been boundaries.
lodged for shipment. Hence, in case of loss
of goods in transit, the common carrier is Extraterritorial jurisdiction. Pol. Law. The
presumed under the law to have been at power and jurisdiction of the state beyond or
fault or negligent. [See Art. 1735, CC]. outside its territory. [Suarez, Pol. Law Re-
viewer, 1st Ed., 2002, p. 35].
Extraordinary expense. That employed for an
Extraterritorial service of summons. The
exceptional purpose not usual, regular or of
the customary kind. service of summons effected, with leave of
court, out of the Phils. in 3 ways: (a) per-
Extraordinary income. Collections derived sonal service; (b) by publication in a news-
from the repayment of loans and advances paper of general circulation in such places
made by the govt. as well as from other non- and for such time as the court may order, in
recurring sources. which case a copy of the summons and or-
der of the court should be sent by registered
Extraordinary inflation. A decrease or in-
mail to the last known address of the de-
crease in the purchasing power of the Phil.
fendant, and (c) service of summons may be
currency which is unusual or beyond the

369
effected in any other manner which the court processing, evaluation and grading of eye or
may deem sufficient. [De Midgely v. Feran- corneal tissue, and distribution of said tissue
dos, GR L-34314. May 13, 1975]. for transplant, research and/or teaching.
[Sec. 4, DOH AO 11-95].
Extraterritoriality. Intl. Law. The state of be-
ing exempted from the jurisdiction of local
law, usu. as the result of diplomatic negotia-
tions.
Extravagant. Lacking restraint in spending
money or using resources.
Extravagant expenditures. Those expendi-
ture incurred without restraint, judiciousness
and economy. Extravagant expenditures ex-
ceed the bounds of propriety. These ex-
penditures are immoderate, prodigal, lavish,
luxurious, wasteful, grossly excessive, and
injudicious. [COA Circ. 88-55-A, 08 Sep.
1985].
Extrinsic. 1. Not forming an essential or in-
herent part of a thing; extraneous. 2. Origi-
nating from the outside; external.
Extrinsic ambiguity. Also Patent ambiguity.
Ambiguity not apparent on the face of the
writing itself and requires something to be
added in order to ascertain the meaning of
the words used. Compare with Intrinsic or
latent ambiguity.
Extrinsic fraud. Also Collateral fraud. 1. As a
ground for annulment of judgment, it is any
act or conduct of the prevailing party which
prevented a fair submission of the contro-
versy. [Francisco v. David, 38 OG 714]. 2. A
fraud which prevents a party from having a
trial or presenting all of his case to the court,
or one which operates upon matters pertain-
ing, not to the judgment itself, but to the
manner by which such judgment was pro-
cured so much so that there was no fair
submission of the controversy. [Yatco v.
Sumagui, 44623-R, July 31, 1971]. Com-
pare with Intrinsic fraud.
Eye bank. A laboratory or institution with the
capability to perform all or some of the activ-
ities related to preparing eye tissue for
transplant such as, but no limited to, motiva-
tion and recruitment of donors, eye and eye
tissue retrieval, screening of donor blood,

370
the laborer would spend and pay for them
-F- just the same. [Atok-Big Wedge Assn. v.
Atok-Big Wedge Co., GR L-7349. July 19,
Fabricate. Invent or concoct something, typi-
1955]. Compare with Supplements.
cally with deceitful intent.
Facility operator. A company registered with
Fabricated evidence. Evidence manufactured
the SEC, which may or may not be the pro-
or arranged after the fact, and either wholly
ject proponent, and which is responsible for
false or else warped and discolored by arti-
all aspects of operation and maintenance of
fice and contrivance with a deceitful intent.
the infrastructure or development facility,
[Herrera, Rem. Law, 1999 Ed., p. 68].
incl. but not limited to the collection of tolls,
Facial challenge. A challenge to a statute in fees, rentals or charges from facility users:
which the plaintiff alleges that the legislation Provided, That in case the facility requires a
is always unconstitutional, and therefore public utility franchise, the facility operator
void. Compare with As-applied challenge. shall be Filipino or at least 60% owned by
Filipinos. [Sec. 2, RA 7718].
Facial invalidation. An examination of the
entire law, pinpointing its flaws and defects, Facio ut des. Lat. I do and you give. An
not only on the basis of its actual operation innominate contract which is based on the
to the parties, but also on the assumption or principle that "no one shall unjustly enrich
prediction that its very existence may cause himself at the expense of another. [Corpus
others not before the court to refrain from v. CA, GR L-40424. June 30, 1980].
constitutionally protected speech or activi-
Facio ut facias. Lat. I make (or do) that you
ties. [David v. Macapagal-Arroyo, GR
make (or do). [Torres, Oblig. & Cont., 2000
171396, May 3, 2006].
Ed., p. 169].
Facial objection. [An objection to a petition for
Fact. Any event or act or condition of things,
certiorari based on the argument] that the
assumed (for the moment) as happening or
petition‘s cited grounds are mere errors of
existing. [Francisco, Evidence, Vol. VII, Part
law and do not constitute grave abuse of
1, 1997 Ed., p. 3].
discretion amounting to lack or excess of ju-
risdiction. [Such objection is] meritorious Fact-finding. Designed to find information or
if, expressly and on the face of the petition, ascertain facts.
what is evident as cited grounds are errone-
Fact-finding inquiry. An inquiry akin to the
ous applications of the law rather than grave
investigations conducted by the police and
abuse of discretion amounting to lack or ex-
other investigative agencies to gather facts
cess of jurisdiction. [People‘s Air Cargo v.
to support the subsequent filing of the ap-
Hon. Mendiola, GR 181068, May 4, 2010].
propriate charges against suspects. [Ka-
Facilitator. A person appointed by the court to punan v. De Villa, GR L-83177. Dec. 6,
pose questions to a child who may be a 1988]. Compare with Pre-trial investiga-
child psychologist, psychiatrist, social work- tion.
er, guidance counselor, teacher, religious
Fact-in-issue. A fact as to the correctness of
leader, parent or relative. [Sec. 4 (c), AM 00-
which the court, under the law of the case,
4-07-SC].
must be persuaded. [Francisco, Evidence,
Facilities. The items of expense necessary for Vol. VII, Part 1, 1997 Ed., p. 3].
the laborer's and his family's existence and
Factor. Also Commission agent. A person
subsistence, so that by express provision of
who takes property or merchandise of an-
law, they form part of the wage and when
other to sell for him. It may also refer to a
furnished by the employer are deductible
person or firm who takes over the accounts
therefrom, since if they are not furnished,
receivable of a business to collect sums of

371
money due. [Torres, Oblig. & Cont., 2000 Failure of a responsible public officer to
Ed., p. 350]. render accounts before leaving the coun-
try. Crim. Law. The felony committed by any
Factual. 1. Of the nature of fact; real. 2. Of or
public officer who unlawfully leaves or at-
containing facts.
tempts to leave the Phils. without securing a
Factual impossibility. Crim. Law. This occurs certificate from the COA showing that his
when extraneous circumstances unknown to accounts have been finally settled. [Art. 219,
the actor or beyond his control prevent the RPC].
consummation of the intended crime. One
Failure of accountable officer to render
example is the man who puts his hand in the
accounts. Crim. Law. The felony committed
coat pocket of another with the intention to
by any public officer, whether in the service
steal the latter's wallet and finds the pocket
or separated therefrom by resignation or any
empty. [Intod v. CA, GR 103119. Oct. 21,
other cause, who is required by law or regu-
1992].
lation to render account to the COA Auditor,
Factum probandum. Lat. 1. The ultimate fact or to a provincial auditor and who fails to do
sought to be established. 2. A fact estab- so for a period of 2 months after such ac-
lished and proved in evidence. [Moy Ya Lim counts should be rendered. [Art. 218, RPC].
Yao v. Comm. of Immigration, GR L-21289.
Failure of consideration. Nego. Inst. The
Oct. 4, 1971].
failure or refusal of one of the parties to do,
Factum probans. Lat. 1. The material evi- perform or comply with the consideration
dencing the proposition. It is the fact by agreed upon.
which the factum probandum is established.
Failure of elections. Pre-conditions for declar-
2. The evidentiary facts by which the factum
ing a failure of election: (a) that no voting
probandum will be proved. E.g.: the written
has been held in any precinct or precincts
contract; the promissory note to prove the
bec. of force majeure, violence or terrorism,
existence of an unpaid debt.
and (b) that the votes not cast therein suffice
Facultative. The term is used in reinsurance to affect the results of the elections. [Sardea
contracts merely to define the right of the re- v. Comelec, GR 106164. Aug. 17, 1993].
insurer to accept or not to accept participa-
Failure of justice. The defeat of a particular
tion in the risk insured. But once the share is
right, of the failure of reparation for a par-
accepted, the obligation is absolute and the
ticular wrong, from the lack or inadequacy of
liability assumed thereunder can be dis-
a legal remedy for the enforcement of the
charged by one and only way - payment of
one or the redress of the other. [Sec. 9, PD
the share of the losses. There is no alterna-
1487].
tive or substitute prestation. [Equitable Ins.
and Casualty Co., Inc. v. Rural Ins. and Failure or refusal to pay or remit forest
Surety Co., Inc., GR L-17436. Jan. 31, charges. The offense committed by any
1962]. person who fails to pay the amount due and
payable under the provisions of PD 705, the
Facultative indorsement. Nego. Inst. An
NIRC, or the rules and regulations promul-
indorsement where the indorser waives pre-
gated thereunder, or by any person who
sentment and notice of dishonor thus en-
fails or refuses to remit to the proper authori-
larging his liability and his indorsement.
ties said forest charges collectible pursuant
Facultative obligation. An obligation where to the provisions of PD 705 or the NIRC, or
only one prestation has been agreed upon, who delays, obstructs or prevents the same,
but the obligor may render another in substi- or who orders, causes or effects the transfer
tution. [Art. 1206, CC]. Compare with Alter- or diversion of the funds for purposes other
native obligation.

372
than those specified in PD 705. [Sec. 78, PD ing Network Inc. v. Ago Medical and Educa-
705]. tional Center Bicol Christian College of Med-
icine (AMEC-BCCM), GR 141994, Jan. 17,
Failure to make delivery of public funds or
2005].
property. Crim. Law. The felony committed
by any public officer under obligation to Fair comment doctrine. The doctrine holding
make payment from Govt. funds in his pos- that while in general every discreditable im-
session, who shall fail to make such pay- putation publicly made is deemed false, bec.
ment, or by any public officer who, being or- every man is presumed innocent until his
dered by competent authority to deliver any guilt is judicially proved, and every false im-
property in his custody or under his admin- putation is deemed malicious, nevertheless,
istration, shall refuse to make such delivery. when the discreditable imputation is directed
[Art. 221, RPC]. against a public person in his public capaci-
ty, it is not necessarily actionable. In order
Failure to state a cause of action. Civ. Pro.
that such discreditable imputation to a public
The situation where the complaint [which]
official may be actionable, it must either be a
does not allege a sufficient cause of action
false allegation of fact or a comment based
is raised in a motion to dismiss under Rule
on a false supposition. If the comment is an
16 [of the] Rules of Court, before a respon-
expression of opinion, based on established
sive pleading is filed and can be determined
facts, then it is immaterial that the opinion
only from the allegations in the initiatory
happens to be mistaken, as long as it might
pleading and not from evidentiary or other
reasonably be inferred from the facts. [Bor-
matters aliunde. [Domondon v. Lopez, AM
jan v. CA, GR 126466, Jan. 14, 1999]. See
RTJ-02-1696, June 20, 2002]. Compare with
Doctrine of fair comment.
Lack of cause of action.
Fair day's wage for a fair day's labor. The
Fair and Equitable Access to Education
rule governing the relation bet. labor and
Act. RA 7880 entitled ―An Act providing for
capital or management and employee
the fair and equitable allocation of the Dept.
providing that if there is no work performed
of Education, Culture and Sports budget for
by the employee there can be no wage or
capital outlay‖ enacted on Feb. 20, 1995.
pay, unless the laborer was able, willing and
Fair comment. Fair commentaries on matters ready to work but was illegally locked out,
of public interest are privileged and consti- dismissed or suspended. [J.P. Heilbronn Co.
tute a valid defense in an action for libel or v. Natl. Labor Union, GR L-5121 Jan. 30,
slander. While in general, every discredita- 1953].
ble imputations publicly made is deemed
Fair Election Act. RA 9006 entitled ―An Act to
false, bec. every man is presumed innocent
Enhance the Holding of Free, Orderly, Hon-
until his guilt is judicially proved, and every
est, Peaceful and Credible Elections through
false imputation is deemed to be malicious,
Fair Election Practices‖ enacted on Feb. 12,
nevertheless, when the discreditable impu-
2001.
tation is made against a public person in his
official capacity, it is not necessarily action- Fair market value. 1. The price at which a
able. In order that such discreditable imputa- property may be sold by a seller who is not
tion to a public official may be actionable, it compelled to sell and bought by a buyer
must either be a false allegation of fact or a who is not compelled to buy. [Sec. 199(l),
comment based on a false supposition. If LGC]. 2. The value for which a reasonable
the comment is an expression of opinion, seller would sell an item of property and for
based on established facts, then it is imma- which a reasonable buyer would buy it. 3.
terial that the opinion happens to be mistak- The highest price a property can command
en, so long as it might reasonably be in- if put up for sale in an open market. It shall
ferred from the facts.‖ [Filipinas Broadcast- be based on the tax declaration. [CSC‘s

373
Guidelines on the use of the rev. SALN result of fire, all insurance by the policy shall
form]. immediately cease.
Fair rental value. The amount at which a will- Fallacia consequentis. Lat. Fallacy of pre-
ing lessee would pay and a willing lessor suming a consequence. The equivalent of
would receive for the use of a certain prop- the rhetoric principle of non sequitur. [Roque
erty, neither being under compulsion and v. Ericta, GR L-30244, 28 Sep. 1973].
both parties having a reasonable knowledge
Fallen building clause. A clause in a property
of all facts, such as the extent, character
insurance policy stipulating that if a portion
and utility of the property, sales and holding
of the building collapses for any reason oth-
prices of similar land and the highest and
er than fire or explosion, the fire insurance is
best use of the property. [Asian Transmis-
voided. Also known as Fall-of-building
sion Corp. v. Canlubang Sugar Estates, GR
clause.
142383, Aug. 29, 2003].
Fallo. Sp. The dispositive part [of the decision
Fair use. Intel. Prop. The use of a copyrighted
or order]. The final order [which] becomes
work for criticism, comment, news reporting,
the subject of execution. [Cobarrubias v.
teaching, multiple copies for classroom use,
People, GR 160610 Aug. 14, 2009]. Com-
scholarship, research and similar purposes
pare with Body of the decision or order.
which is not copyright infringement. This
privilege is given to people other than the Fall-of-building clause. A clause in a fire
copyright owner, to use the work even with- insurance policy that if the building or any
out his consent for as long as it is done in a part thereof falls, except as a result of fire,
reasonable manner. all insurance by the policy shall immediately
cease. Also known as Fallen building
Fair use. Intel. Prop. Factors to be considered:
clause.
(a) The purpose and character of the use,
whether it is of commercial nature or non- Falsa demonstratio non nocet, cum de cor-
profit educational purposes; (b) the nature of pore constat. Lat. 1. A false description
the copyrighted work; (c) the amount and does not injure or vitiate a document, pro-
substantiality of the portion used to the cop- vided that the thing or person intended has
yrighted work as a whole; and (d) the effect once been sufficiently described. 2. A mere
of use upon the potential market for or value false description does no harm if there be
of the work. sufficient certainty as to the object con-
cerned.
Fair use doctrine. Intel. Prop. The doctrine
that allows making copies of the orig. for Falsa descriptio. Lat. Defective caption given
purposes such as criticism, comment, news to a pleading. [Amarante v. CA, GR 76386.
reporting, teaching or research. See also May 21, 1990].
Doctrine of fair use.
False accusation. Malicious prosecution.
Fairest test. In determining whether the 3rd
person's interest in a contract is a stipulation False arrest. Any unlawful physical restraint of
another's personal liberty, whether or not
pour autrui or merely an incidental interest,
the fairest test is to examine the intention of carried out by a peace officer.
the parties as disclosed by their contract. False keys. The term shall be deemed to in-
[Florentino v. Encarnacion, Sr., GR L-27696 clude: (a) The tools mentioned in the Art.
Sep. 30, 1977]. 304 of the Rev. Penal Code; (b) genuine
keys stolen from the owner; (c) any keys
Fall of building clause. That clause in a fire
insurance policy which provides that if the other than those intended by the owner for
building or any part thereof falls, except as a use in the lock forcibly opened by the of-
fender. [Art. 305, RPC].

374
False medical certificates, false certificates or apartment house by the use of any false
of merits or service, etc., Issuance of. pretense, or by abandoning or surreptitious-
Crim. Law. The felony committed by: (a) any ly removing any part of his baggage from a
physician or surgeon who, in connection, hotel, inn, restaurant, boarding house, lodg-
with the practice of his profession, shall is- ing house or apartment house after obtain-
sue a false certificate; (b) any public officer ing credit, food, refreshment or accommoda-
who shall issue a false certificate of merit of tion therein without paying for his food, re-
service, good conduct or similar circum- freshment or accommodation. [Art. 315,
stances; (c) or by any private person who RPC]. 2. Representation of some fact or cir-
shall falsify a certificate falling within the cumstance which is not true and is calculat-
classes mentioned in the 2 preceding num- ed to mislead, whereby a person obtains
bers. [Art. 174, RPC]. another's money or goods.
False pretense. An offense involving intent to False representation. A false or wrongful
defraud and false representation and obtain- representation regarding a material fact with
ing property as a result of that misrepresen- the knowledge or belief of its inaccuracy.
tation.
False representation or Misrepresentation.
False pretenses or Fraudulent acts. 1. In the Ins. Requisites: (a) The insured stated a fact
crime of estafa or swindling, the act execut- which is untrue; (b) Such fact was stated
ed prior to or simultaneously with the com- with knowledge that it is untrue and with in-
mission of the fraud: (a) by using fictitious tent to deceive or which he states positively
name, or falsely pretending to possess as true without knowing it to be true and
power, influence, qualifications, property, which has a tendency to mislead; (c) Such
credit, agency, business or imaginary trans- fact in either case is material to the risk.
actions, or by means of other similar de-
False return. Taxation. 1. The term merely
ceits; (b) By altering the quality, fineness or
implies deviation from the truth, whether in-
weight of anything pertaining to his art or
tentional or not. [Aznar v. CA, GR L-20569.
business; (c) By pretending to have bribed
Aug. 23, 1974]. 2. It may not always be an
any Govt. employee, without prejudice to the
attempt to evade a tax. [CIR v. Javier, GR
action for calumny which the offended party
78953. July 31, 1991]. Compare with
may deem proper to bring against the of-
Fraudulent return.
fender; (d) By post-dating a check, or issu-
ing a check in payment of an obligation False statement. 1. A material statement
when the offender therein were not sufficient which is untrue and knowingly stated as
to cover the amount of the check. The fail- such in the application for a concession, title
ure of the drawer of the check to deposit the or permit (under the provisions of the Public
amount necessary to cover his check within Land Act), thus tending to mislead the offi-
3 days from receipt of notice from the bank cial charged with the processing of said ap-
and/or the payee or holder that said check plication. 2. Such statements made in the
has been dishonored for lack of insufficiency application considered as essential condi-
of funds shall be prima facie evidence of de- tions and parts of any concession, title, or
ceit constituting false pretense or fraudulent permit issued on the basis of such applica-
act [As amended by RA 4885]; (e) By ob- tion which shall ipso facto produce the can-
taining any food, refreshment or accommo- cellation of the concession, title, or permit
dation at a hotel, inn, restaurant, boarding granted. [Sec. 91, CA 141].
house, lodging house, or apartment house
and the like without paying therefor, with in- False testimony. The making by an individual
of a false statement during a judicial pro-
tent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, ceeding, after he or she has taken an oath
restaurant, boarding house, lodging house, to tell only the truth.

375
False testimony against a defendant, Giv- of Tessie G. Quires, RTC, Quezon City, AM
ing of. Crim. Law. The felony committed by 05-5-268-RTC, May 4, 2006].
any person who shall give false testimony
Falsification by private individual. Crim.
against the defendant in any criminal case.
Law. The felony committed by: (a) any pri-
[Art. 180, RPC].
vate individual who shall commit any of the
False testimony favorable to the defend- falsifications enumerated in Art. 171 of the
ants, Giving of. Crim. Law. The felony Rev. Penal Code in any public or official
committed by any person who shall give document or letter of exchange or any other
false testimony in favor of the defendant in a kind of commercial document; and (b) any
criminal case. [Art. 181, RPC]. person who, to the damage of a 3rd party, or
with the intent to cause such damage, shall
False testimony in other cases and perjury
in any private document commit any of the
in solemn affirmation, Making of. Crim.
acts of falsification enumerated in Art. 171 of
Law. The felony committed by any person,
the Rev. Penal Code. [Art. 172, RPC].
who knowingly makes untruthful statements
and not being included in the provisions of Falsification by public officer, employee or
Art. 180, 181 and 182 of the Rev. Penal notary. Crim. Law. The felony committed by
Code, shall testify under oath, or make an any public officer, employee, or notary who,
affidavit, upon any material matter before a taking advantage of his official position, shall
competent person authorized to administer falsify a document by committing any of the
an oath in cases in which the law so re- following acts: 1. Counterfeiting or imitating
quires, or by any person who, in case of a any handwriting, signature or rubric; 2.
solemn affirmation made in lieu of an oath, Causing it to appear that persons have par-
shall commit any of the falsehoods men- ticipated in any act or proceeding when they
tioned in the Rev. Penal Code. [Art. 183, did not in fact so participate; 3. Attributing to
RPC]. persons who have participated in an act or
proceeding statements other than those in
Falsification. Misrepresentation of a thing,
fact made by them; 4. Making untruthful
fact or condition, certifying that a thing is
statements in a narration of facts; 5. Altering
true when it is not, whether one has the right
true dates; 6. Making any alteration or inter-
to make the representation or certificate.
calation in a genuine document which
[US v. Buenaventura, GR L-928 Oct. 18,
changes its meaning; 7. Issuing in an au-
1902].
thenticated form a document purporting to
Falsification by ecclesiastic minister. Crim. be a copy of an orig. document when no
Law. The felony committed by any ecclesi- such orig. exists, or incl. in such a copy a
astical minister who shall commit any of the statement contrary to, or different from, that
offenses enumerated in the 1st par. of Art. of the genuine original; or 8. Intercalating
171 of the Rev. Penal Code, with respect to any instrument or note relative to the issu-
any record or document of such character ance thereof in a protocol, registry, or official
that its falsification may affect the civil status book. [Art. 171, RPC].
of persons. [Art. 171, RPC].
Falsification of a mercantile document, The
Falsification by false narration of facts. Civ. act of falsely caus[ing] it to appear on the
Serv. Elements: (a) The offender makes un- face of the [mercantile] document that
truthful statements in a narration of facts; (b) someone who did not really sign it was a
he has a legal obligation to disclose the truth party thereto. [US v. Buenaventura, GR L-
of the facts narrated by him; (c) the facts 928 Oct. 18, 1902].
narrated are absolutely false; and (d) it was
Falsification of a private document. Crim.
made with a wrongful intent to injure a 3rd
Law. The crime is not committed by the
person. [Re:Spurious Certificate of Eligibility
mere falsification of the document. It does

376
not suffice that the document itself be false, ent under the means and merit tests. [Sec.
but there must also be proved the prejudice 1, Art. 2, AM 08-11-7-SC (IRR), Sep. 10,
caused to a 3rd person or the intention to 2009].
cause it. [Mercury Drug v. NLRC, GR
Falsus in uno, falsus in omnibus. Lat. False
96525. June 26, 1992].
in one part, false in everything. [Lagunsad v.
Falsification of legislative documents. Crim. CA, GR 104939. Feb. 2, 1994].
FAME. 1. Short for Fraud, Accident, Mistake or
who, without proper authority therefor alters
Excusable negligence. 2. Fatty Acid Methyl
any bill, resolution, or ordinance enacted or
Ester.
approved or pending approval by either
House of Congress or any provincial board Family. 1. A basic social institution which pub-
or municipal council. [Art. 170, RPC]. lic policy cherishes and protects. [Art. 149,
Family Code]. 2. A natural and social institu-
Falsification of wireless, cable, telegraph
tion founded on the conjugal union, binding
and telephone messages, and use of said
together the individuals composing it, for the
falsified messages. Crim. Law. The com-
common accomplishment of the individual
mission of a crime by an officer or employee
and spiritual ends of life, under the authority
of the Govt. or of any private corp. or con-
of the orig. ascendant who heads it. [Jurado,
cern engaged in the service of sending or
Civ. Law Reviewer, 19th Ed., p. 187]. 3. The
receiving wireless, cable or telephone mes-
parents or brothers and sisters, whether of
sage who utters a fictitious wireless, tele-
the full or half-blood, of the child. [Sec. 3,
graph or telephone message of any system
RA 10165].
or falsifies the same, or who shall use such
falsified dispatch to the prejudice of a 3rd Family assistance loans. Loans granted to
party or with the intent of cause such preju- currently employed migrant workers or their
dice. [Art. 173, RPC]. eligible dependents or families in the Phils.
to tide them over during emergency situa-
Falsification under Par. 1, Art. 172 of the
tions. [Sec. 30, IRR, RA 8042].
Rev. Penal Code. Crim. Law. Elements: (a)
That the offender is a private individual or a Family Code. EO 209 entitled ―The Family
public officer or employee who did not take Code of the Phils.‖ signed on July 6, 1987.
advantage of his official position; that he
Family Courts Act of 1997. RA 8369 entitled
committed any of the acts of falsification
enumerated in Article 171 of the RPC; and ―An Act establishing Family Courts, granting
that the falsification was committed in a pub- them exclusive orig. jurisdiction over child
and family cases, amending Batas Pam-
lic, official or commercial document. [Pa-
nuncio v. People, GR 165678, July 17, bansa Bilang 129, as amended, otherwise
2009]. known as the Judiciary Reorg. Act of 1980,
appropriating funds therefor and for other
Falsify. To tamper with or alter. To represent purposes‖ enacted on Oct. 28, 1997.
falsely, distort or violate the truth. [PAL, Inc.
Family expenses. The amount of family ex-
v. NLRC, GR 87353. July 3, 1991].
penses incurred for the preceding calendar
Falsity. Any material misrepresentation of fact year. [CSC‘s Guidelines on the use of the
or any fraudulent, deceitful, false, wrong or rev. SALN form].
misleading statement in the application or
affidavits submitted to support it or the affi- Family home. 1. Constituted jointly by the
husband and the wife or by an unmarried
davit of a disinterested person required to
be submitted annually under the Rule which head of a family, it is the dwelling house
may substantially affect the determination of where they and their family reside, and the
land on which it is situated. [Art. 152, FC]. 2.
the qualifications of the applicant or the cli-
The dwelling house where a husband and

377
wife, or an unmarried head of the family re- with reasonable reserves to absorb yearly
sides, and the land on which it is situated, fluctuation in income. [Sec. 3, PD 704].
which is now deemed constituted from the
Farm. A plot or tract of land devoted to the
time it is occupied as a family residence,
raising of domestic or other animals.
and is exempt from execution, forced sale or
attachment except as provided by law and Farm employer. Any person acting directly or
to the extent of the value allowed by law. indirectly in the interest of a farm employer
[Bench Book for Trial Court Judges, p. 3-3]. whether for profit or not, as well as a labor
3. A real right which is gratuitous, inaliena- contractor, but shall not include any labor
ble and free from attachment, constituted org. (otherwise than when acting as a farm
over the dwelling place and the land on employer) or anyone acting in the capacity
which it is situated, which confers upon a of an officer or agent of such labor org. [Sec.
particular family the right to enjoy such 166, RA 3844].
properties, which must remain with the per-
Farm entrepreneurship. The intermingling of
son constituting it and his heirs. It cannot be
seized by creditors except in certain special finance, business and agriculture in setting
cases. [Josef v. Santos, GR 165060, Nov. into operation or motion a business venture
involved in the production of agricultural
27, 2008].
commodities or enterprises. [Sec. 3, RA
Family name. Surname. 10618].
Family of public officials or employees. The Farm implements. Hand tools or machines
spouses and unmarried children under 18 ordinarily employed in a farm enterprise.
years of age of public officials or employees. [Sec. 166, RA 3844].
[Sec. 3, RA 6713].
Farm operator or holder. A civil or juridical
Family planning. A program which enables person who exercises management control
couples and individuals to decide freely and over the agricultural operation of a farm or
responsibly the number and spacing of their holding and takes major decisions regarding
children and to have the information and resource use. This person has the technical
means to do so, and to have access to a full and economic responsibility for the farm or
range of safe, affordable, effective, non- holding and may undertake all responsibili-
abortifacient modem natural and artificial ties directly, i.e., this person operates the
methods of planning pregnancy. [Sec. 4, RA holding, or delegates responsibilities related
10354]. to day-to-day work management to a hired
manager.
Family relations. They include those: (a) bet.
husband and wife; (b) bet. parents and chil- Farm or Holding. Any piece or pieces of land
dren; (c) among brothers and sisters, having a total area of at least 1,000 sq. m.
whether of the full or half-blood. [Art. 150, used wholly or partly for the growing of
FC]. crops as palay, corn, fruits, vegetables,
nuts, etc., and/or tending of livestock and/or
Family relationship. The relation, union or
poultry, regardless of number; or any land
connection which exists bet. members of the
regardless of area, used for the raising of at
family, as that bet. husband and wife, parent
least 20 heads of livestock and/or 100 poul-
and child, and as among other descendants,
try.
and among brothers and sisters.
Farm workers' organization. Any union or
Family-size fishpond. An area of fishpond
assoc. of farm workers which exists, in
that permits the efficient use of labor and
whole or in part, for the purpose of collective
capital resources of a family to produce an
bargaining or dealing with farm employers
income sufficient to meet a family's need for
food, clothing, shelter, health and education

378
concerning terms and conditions of em- ities to the market and arterial roads and
ployment. [Sec. 166, RA 3844]. highways. [Sec. 4, RA 8435; Sec. 4, RA
8550].
Farmer. 1. A natural person whose primary
livelihood is cultivation of land or the produc- Farmworker. 1. A natural person who renders
tion of agricultural crops, agroforest prod- service for value as an employee or laborer
ucts, livestock and/or fisheries, either by in an agricultural enterprise or farm regard-
himself/herself, or primarily with the assis- less of whether his/her compensation is paid
tance of his/her immediate farm household, on daily, weekly, monthly or "pakyaw" basis.
whether the land is owned by him/her or by The term includes an individual whose work
another person under a leasehold or share has ceased as a consequence of, or in con-
tenancy agreement or arrangement with the nection with, a pending agrarian dispute
owner thereof. [Sec. 3, RA 10000; Sec. 3, who has not obtained a substantially equiva-
RA 6657]. lent and regular farm employment. [Sec. 3,
RA 10000; Sec. 3, RA 6657]. 2. A natural
Farmer's and fisherfolk's organizations or
person who renders service value as an
associations. Farmer's and fisherfolk's co-
employee or laborer in an agricultural enter-
ops., assocs. or corps. duly registered with
prise or farm regardless of whether his
appropriate govt. agencies and which are
compensation is paid on a daily, weekly,
composed primarily of small agricultural
monthly or pakyaw basis. [Sec. 4, RA 7607].
producers, farmers, farmworkers, agrarian
reform beneficiaries, fisherfolk who volun- FAS. See Free alongside ship.
tarily join together to form business enter-
Fast-food chains. See Quick service restau-
prises or non-business orgs. which they
rants (QSRs).
themselves own, control and patronize.
[Sec. 3, RA 10000; Sec. 4, RA 8435]. Fast-Tracked S&T Scholarship Act of 2013.
RA 10612 entitled ―An Act Expanding the
Farmer's cooperatives. Orgs. composed
coverage of the Science and Technology
primarily of small agricultural producers,
(S&T) Scholarship Program and Strengthen-
farmers, farmworkers, or other agrarian re-
ing the Teaching of Science and Mathemat-
form beneficiaries who voluntarily organize
ics in Secondary Schools and for Other Pur-
themselves for the purpose of pooling land,
poses‖ enacted on Aug. 23, 2013.
manpower, technological, financial or other
economic resources, and operate on the Fatal. Causing death; deadly or mortal. [Peo-
principle of one member, one vote. A juridi- ple v. Umadhay, GR 119544. Aug. 3, 1998].
cal person may be a member of a coop.,
Fatality. 1. An occurrence of death by acci-
with the same rights and duties as a natural
person. [Sec. 3, RA 10000]. dent, in war, or from disease. 2. A person
killed in this way.
Farmers' organization. Farmers' coops., as-
socs., or corps. duly registered with appro- Fathom. A nautical measure of 6 feet in
priate govt. agencies and which are com- length.
posed primarily of small agricultural produc- Favorabilia sunt amplianda adiosa restri-
ers, farmers, farmworkers, and other agrari- genda. Lat. Penal laws which are favorable
an reform beneficiaries who voluntarily join to the accused are given retroactive effect.
together to form business enterprises which [People v. Zervoulakos, GR 103975. Feb.
they themselves own, control and patronize. 23, 1995].
[Sec. 4, RA 7607].
Favores ampliandi sunt; odia restringenda.
Farm-to-market roads. Roads linking the Lat. Favorable inclinations should be en-
agriculture and fisheries production sites, nouraged, animosities should be restrained.
coastal landing points and post-harvest facil-

379
FCDU. See Foreign currency deposit unit. and this is as close as one can get to abso-
lute ownership in common law.
FDA. See Food and Drug Administration.
Fee simple absolute. The most complete,
Fear. An unpleasant emotional state charac-
unlimited form of ownership of real property.
terized by anticipation of pain or great dis-
tress. It is a reaction to an external danger Feedstock. The organic sources such as mo-
which is perceived to cause him harm. lasses, sugarcane, cassava, coconut,
[People v. Dulay, GR 92600. Jan. 18, 1993]. jatropha, sweet sorghum or other biomass
used in the production of biofuels. [Sec. 3,
Featherbed. To provide someone with advan-
RA 9367].
tageous economic or working conditions.
Fee-for-service. Health Ins. A fee pre-
Featherbedding. The practice (usu. by a labor
determined by the PhilHealth for each ser-
union) of requiring an employer to hire more
vice delivered by a health care provider
workers than are required.
based on the bill. The payment system shall
Featherbedding activities. Also Make-work be based on a pre-negotiated schedule
activities. An unfair labor practice of a un- promulgated by the PhilHealth. [Sec. 3, RA
ion for exacting or attempting to exact from 10606].
an employer, compensation for service nor
Fees, Charges and Assessment. Amounts
rendered or not intended to be rendered.
collected by govt. agencies for administra-
[Poquiz, Labor Rel. Law, 1999 Ed. p. 167].
tive and regulatory purposes (such as pass-
Federal union. Also Federation. Intl. Law. A port fees, driver‘s licenses, court fees, build-
combination of 2 or more states which, upon ing permit fees, assessment fees, etc.) as
merger, ceases to be states, resulting in the well as payments exacted in exchange for
creation of a new state with full intl. person- goods and services.
ality to represent them in external relations
Fellatio. Also Irrumation. Legal Med. Sexual
and a certain degree of power over their
gratification attained by sucking the penis
domestic affairs and their inhabitants. An
and initiating ejaculation. [Olarte, Legal
example is the US. [Cruz, Intl. Law Review-
Med., 1st Ed. (2004), p. 115]. Compare with
er, 1996 Ed., p. 13].
Cunnilingus.
Federation. See Federal union.
Felonies. Also Delitos. Acts and omissions
Fee. 1. A charge fixed by law or ordinance for punishable by law. They are committed not
the regulation or inspection of a business or only be means of deceit (dolo) but also by
activity. [Sec. 131, RA 7160]. 2. A charge means of fault (culpa). [Art. 3, RPC].
fixed by law for services of public officers or
Felonies. Elements. The elements of felonies
for use of a privilege under control of govt.
in general are: (a) there must be an act or
[Black‘s Law Dic., 5th Ed., pp. 211 and 553].
omission; (b) the act or omission must be
Compare with Charge.
punishable under the Rev. Penal Code; and
Fee for service. See Fee-for-service. (c) the act is performed or the omission in-
curred by means of deceit or fault. [People
Fee simple. 1. The rights of disposal and re-
v. Gonzales, GR 80762. Mar. 19, 1990].
covery. [Edroso v. Sablana, GR 6878. Sep.
13, 1913]. 2. The most extensive tenure al- Felonious. [The term] means, inter alia, mali-
lowed under the feudal system allowing the cious, villainous, and/or proceeding from an
tenant to sell or convey by will or be transfer evil heart or purpose. [Villareal v. People,
to a heir if the owner dies intestate. In mod- GR 151258, Feb. 1, 2012].
ern law, almost all land is held in fee simple

380
Felony. 1. One of several crimes punishable 1987]. Compare with Coastwise or interis-
under the Rev. Penal Code. 2. Sing. of Fel- land shipping service.
onies.
Fertilizer. Any substance - solid or liquid - or
Feme covert. Fr. A married woman. any nutrient element or elements - organic
or inorganic - singly or in combination with
Feme sole. Fr. A woman without a husband
other materials, applied directly to the soil
Fence. Any person, firm, assoc. corp. or part- for the purpose of promoting plant growth,
nership or other org. who/which commits the increasing crop yield or improving their qual-
act of fencing. [Sec. 2, PD 1612]. ity. [Sec. 3, PD 1144].
Fencing. The act of any person who, with FEs. See Forward Estimates.
intent to gain for himself or for another shall
Festoon. To hang in a curved shape bet. 2
buy, receive, possess, keep, acquire, con-
points as a decoration. [Sec. 3, RA 8491].
ceal, sell or dispose of, or shall buy and sell,
or in any manner deal in any article, item, Fetal and infant death review. A qualitative
object or anything of value which he knows, and in-depth study of the causes of fetal and
or should be known to him, to have been infant death with the primary purpose of
deprived from the proceeds of the crime of preventing future deaths through changes or
robbery or theft. [Sec. 2, PD 1612]. additions to programs, plans and policies.
[Sec. 4, RA 10354].
Fencing. Elements: (a) A crime of robbery of
theft has been committed; (b) the accused, Fetish. An inanimate object worshiped for its
who is not a principal or accomplice in the supposed magical powers or bec. it is con-
commission of the crime of robbery or theft, sidered to be inhabited by a spirit.
buys, receives, possesses, keeps, acquires,
Fetishism. Legal Med. A sexual perversion
conceals, sells or disposes, or buys and
wherein the real or fantasized presence of
sells, or in any manner deals in any article,
an object or bodily part is necessary for
item, object or anything of value, which has
sexual stimulation and/or gratification.
been derived from the proceeds of the said
crime; (c) the accused knows or should
have known that the said article, item, object Feudal. 1. Of, relating to, or characteristic of
or anything of value has been derived from feudalism. 2. Of or relating to lands held in
the proceeds of the crime of robbery or theft; fee or to the holding of such lands.
and (d) there is, on the part of the accused,
intent to gain for himself or for another. [Di- Feudal system. A social structure that existed
zon-Pamintuan v. People, GR 111426. July throughout much of Europe bet. 800 and
1400 and that revolved around a multi-level
11, 1994].
hierarchy bet. lords (who held land granted
FEO. Firearms and Explosive Office. under tenure from the king), and their ten-
ants (also called Vassals).Tenants would
Ferry or Ferryboat. A boat or ship used to
lease land from the lord in exchange for loy-
carry or ferry primarily passengers, and
alty and goods or services, such as military
sometimes vehicles and cargo as well,
assistance or money. In exchange, the ten-
across a body of water.
ant would be protected from attack.
Ferryboat service. A water transport service
Feudalism. A political and economic system of
considered as a continuation of the highway
Europe from the 9th to about the 15th centu-
when crossing rivers or even lakes, which
ry, based on the holding of all land in fief or
are small body of waters separating the
fee and the resulting relation of lord to vas-
land. [San Pablo v. Pantranco South Ex-
sal and characterized by homage, legal and
press, Inc. GR L-61461 & 61501. Aug. 21,
military service of tenants, and forfeiture.

381
Fiador. Sp. Bondsman, surety, guarantor, the inheritance under the circumstances
bailor, backer. [Luzon Surety v. City of Ba- provided in Art. 863 of the Civ. Code.
colod, GR L-23618. Aug. 31, 1970]. [Bench Book for Trial Court Judges, p. 3-3].
Fiat. Lat. Let it be done. See Judicial fiat. Fideicommissary substitution. Succ. Limita-
tions: (a) The substitution must not go be-
Fiat justitia ruat coelum. Lat. Let right be
yond one degree from the heir originally in-
done though the heavens should fall. [Intl.
stituted; (b) the fiduciary and the fideicom-
Banking Corp. v. Yared, GR L-39034 Dec.
missary must be living at the time of the
11, 1933].
death of the testator; (c) the substitution
Fiat theory or Concession theory. The theo- must not burden the legitime of compulsory
ry espousing that a corp., as known to Phil. heirs; and (d) the substitution must be made
jurisprudence, is a creature without any ex- expressly. [Jurado, Comments & Jurisp. on
istence until it has received the imprimatur Succ., 1991 8th Ed., p. 197].
of the state acting acc. to law, through the
Fideicommissary substitution. Succ. Requi-
SEC. [Tayag v. Benguet Consolidated, GR
sites: (a) There must be a 1st heir primarily
L-23145. Nov. 29, 1968]. Phil. jurisprudence
called to the enjoyment of the estate; (b)
adopted this theory as the underlying basis
there must be a 2nd heir; and (c) there must
for the existence and powers of corporate
be an obligation clearly imposed upon the
entities.
1st heir to preserve the estate and to trans-
Fictitious. Not real or true, being imaginary or mit it to the 2nd heir. [Jurado, Comments &
having been fabricated. Jurisp. on Succ., 1991 8th Ed., p. 196-197].
Fictitious sale. A sale which does not produce Fideicommissum. Succ. One of the most
legal effects or any change in the juridical popular legal institutions in Roman Law for
situation of the parties. several centuries. It translates from the Lat.
word ―fides‖ [trust] and ―committere‖ [to
Fideicomisario. Sp. Succ. Beneficiary. [Bar-
commit], meaning that something is commit-
retto v. Tuason, GR 23923. Mar. 23, 1926]. ted to one's trust.
Fideicomiso. Sp. Trust. Succ. A form or man- Fidelity. Faithfulness to a person, cause, or
ner of testamentary substitution by which belief, demonstrated by continuing loyalty
the testator or trustor charges the heir [trus- and support.
tee] to deliver a certain aliquot portion of the
estate, or all thereof, to a 3rd person who Fidelity bond. 1. A kind of surety bond under
receives the name of beneficiary [fideicomi- which the liability of the surety is conditioned
sario]. A charge of confidence imposed up- upon dishonesty, infidelity, theft or any act of
on the first-born usufructuary possessor to the principal obligor amounting to estafa. 2.
preserve the entailed properties in order to A bond that guarantees the honesty of indi-
deliver in due time the possession and en- vidual/s [usu. employee/s] and assumes the
joyment thereof to the succeeding first-born. payment of any loss which an employer may
[Barretto v. Tuason, GR 23923. Mar. 23, suffer due to the dishonesty of a bonded in-
1926]. dividual.
Fideicommissary substitution. Succ. 1. A Fiduciary. 1. A guardian trustee, executor,
substitution by virtue of which the fiduciary administrator, receiver, conservator, or any
or 1st heir instituted is entrusted with the ob- person acting in any fiduciary capacity for
ligation to preserve and to transmit to a 2nd any person. [Sec. 22, NIRC, as amended].
heir the whole or part of the inheritance. [Art. 2. The term is synonymous to a trustee,
863, CC]. 2. It takes place where the testa- which is the classic form of a fiduciary rela-
tor designates a person as an heir charging tionship. A fiduciary has rights and powers
him to deliver to another the whole or part of which would normally belong to another

382
person. The fiduciary holds those rights Field Registration. The conduct of registration
which he must exercise to the benefit of the of overseas voters at predetermined loca-
beneficiary. 3. A person or institution who tions, either in the Phils., as may be deter-
manages money or property for another and mined by the Comelec, or outside the posts,
who must exercise a standard care imposed upon the favorable recommendation of the
by law, i.e., personal representative or ex- DFA-OVS, both being of limited duration
ecutor of an estate, a trustee, etc. and based on the guidelines prescribed by
the Comelec for that exclusive purpose; the
Fiduciary fund. A govt. fund where monies
govt. shall not collect fees for the same.
which have come into the possession of the
[Sec. 2, RA 10590].
govt. officer as trustee, agency or adminis-
trator, or which have been received as a Field sobriety tests. Standardized tests to
guarantee for the fulfillment of some obliga- initially assess and determine intoxication,
tions are recorded and kept. Only the inter- such as the horizontal gaze nystagmus, the
est earnings of the fund principal, which is walk-and-turn, the one-leg stand, and other
deposited in an authorized govt. depository similar tests as determined jointly by the
bank, are utilized. DOH, the Napolcom and the DOTC. [Sec. 3,
RA 10586].
Fiduciary relation, What constitutes. The
relation bet. parties in order to be fiduciary Fieri facias. Lat. That you cause to be made.
need not be legal, but by moral, social, do-
Fieri facias writ. A writ commanding a sheriff
mestic or merely personal; and where by
to take and sell enough property from the
reason of kinship, business assoc., disparity
person who lost the lawsuit, to pay the debt
in age or physical or mental condition or
owed by the judgment.
other reason, the grantee is in an esp. inti-
mate position with regard to another and the File. To place a paper in the official custody of
latter reposes a degree of trust and confi- the clerk of court or court administrator to
dence in the former, confidential relationship enter into the files or records of a case.
exist which prohibits the one entrusted from
seeking a selfish benefit for himself during File wrapper estoppel. When an inventor
the course of relationship, and affords a ba- during prosecution narrows down his inven-
sis for imposing a constructive trust. [Sotto tion to escape prior art by some amend-
ment, he cannot claim that someone else in-
v. Teves, GR L-38018. Oct. 31, 1978].
fringed his/her patent under the Doctrine of
Field personnel. Labor. 1. Non-agricultural equivalents. [Festo Corp. v. Shoketsu
employees who regularly perform their du- Kinzoku Kogyo Kabushiki Co., 128 S. Ct.
ties away from the principal place of busi- 2903 (US 2008)].
ness or branch office of the employer and
whose actual hours of work in the field can- File wrapper estoppel doctrine. The doctrine
not be determined with reasonable certainty. holding that a person who has filed a patent
[Art. 82, LC]. 2. Those whose performance application, and then makes narrowing
amendments to the application to accom-
of their job or service is not supervised by
the employer or his representative, the modate the patent law, may be precluded
workplace being away from the principal of- from invoking the Doctrine of equivalents
fice and whose hours and days of work can- to broaden the scope of his claims to cover
not be determined with reasonable certainty; subject matter ceded by the amendments.
hence, they are paid specific amount for Filial. 1. Of or due from a son or daughter. 2.
rendering specific service or performing Having or assuming the relationship of child
specific work. [Serrano v. Severino Santos or offspring to parent.
Transit, GR 187698, Aug. 9, 2010].
Filial privilege. See Parental and filial privi-
lege.

383
Filiation. The civil status of a child in relation citizens, or to corps. or assocs. at least a
to his/her father or mother. [Jurado, Civ. certain percentage of the capital of which is
Law Reviewer, 19th Ed. (1999), p. 196]. See owned by Filipino citizens. See Nationaliza-
Paternity. tion law.
Filiation, Proof of. The filiation of legitimate Filipino. 1. The natl. language of the Phils.
children is established by any of the follow- [Sec. 3, RA 7104]. 2. A native or natl. of the
ing: (a) The record of birth appearing in the Phils., or a person of Filipino descent. 3.
civil register or a final judgment; or (b) an The Tagalog-based official language of the
admission of legitimate filiation in a public Rep. of the Phils. 4. Of or relating to the
document or a private handwritten instru- Phils., the Filipinos, or their language.
ment and signed by the parent concerned.
Filipino contractor. A construction contractor,
In the absence of the foregoing evidence,
who is a citizen of the Phils., or a corp. or
the legitimate filiation shall be proved by: (a)
other juridical entity, of which, in the case of
the open and continuous possession of the
a corp., at least 60% of its capital stock out-
status of a legitimate child; or (b) Any other
standing and entitled to vote, is owned and
means allowed by the Rules of Court and
held by citizens of the Phils. and at least
special laws. [Art. 172, FC].
60% of the BoD thereof are citizens of the
Filibuster. The use of obstructionist tactics, Phils., and in the case of any other juridical
esp. prolonged speechmaking, for the pur- entity, at least 60% of its equity is owned
pose of delaying legislative action. and held by citizens of the Phils. [Sec. 3, PD
1167].
Filing. Rem. Law. The act of presenting the
pleading or other paper to the clerk of court. Filipino World War II Veterans Pensions
[Sec. 2, Rule 13, RoC]. and Benefits Act of 2008. RA 9499 entitled
―An Act Allowing Filipino World War II Vet-
Filing fee. Rem. Law. The fee required for
erans to Continue Receiving Phil. Govt.
filing various documents.
Pensions and Benefits Notwithstanding Sim-
Filing system. Any act of information relating ilar Pensions and Benefits Provided by the
to natural or juridical persons to the extent US Govt., Thereby Amending RA 6948, as
that, although the information is not pro- Amended‖ enacted on Apr. 9, 2008.
cessed by equipment operating automatical-
Filipino-first policy. The constitutional provi-
ly in response to instructions given for that
sion whereby the State is mandated to give
purpose, the set is structured, either by ref-
preference to qualified Filipinos in the grant
erence to individuals or by reference to crite-
of rights, privileges, and concessions cover-
ria relating to individuals, in such a way that
ing the natl. economy and patrimony. [Sec.
specific information relating to a particular
10, Art. XII of the 1987 Consti.].
person is readily accessible. [Sec. 3, RA
10173]. Filipinos overseas. Filipinos who are perma-
nent residents abroad, incl. Filipino emi-
Filipiniana. A derivation from 2 root words:
grants who are either already citizens of for-
namely Filipinas, the Spanish-language ver-
eign countries or are still Filipino citizens
sion of the country name of the Phils. and -
awaiting naturalization, recognition, or ad-
ana or -aniana, which means ―collected
mission, and their descendants. [Sec. 2, BP
items of information‖ which may be anecdo-
79].
tal or bibliographical in nature.
FIMS. See Firearms Information Manage-
Filipinization law. The Law which limits a
ment System.
certain economic activity, or the exercise or
enjoyment of a certain right, franchise, privi- Final act. Intl. Law. Sometimes called Proto-
lege, property or business only to Filipino col de cloture. 1. An instrument which rec-

384
ords the winding up of the proceedings of a ter of right. [City of Manila v. CA, GR
diplomatic conference and usu. includes a 100626. Nov. 29, 1991]. Compare with Final
reproduction of the texts of treaties, conven- and executory judgment.
tions, recommendations and other acts
Final order or judgment. Rem. Law. One
agreed upon and signed by the plenipoten-
which either terminates the action itself or
tiaries attending the conference. It is not the
operates to vest some right in such manner
treaty itself. It is rather a summary of the
as to put it out of the power of the court
proceedings of a protracted conference
making the order to place the parties in their
which may have taken place over several
orig. condition. More specifically, it is that
years. [Tañada v. Angara, GR 118295. May
which disposes of the whole subject matter
2, 1997]. 2. The records of the winding up of
or terminates the particular proceedings or
the proceedings of a conference. [Coquia
action, leaving nothing to be done but to en-
and Santiago, Intl. Law, 3rd Ed. (1998), p.
force by execution what has been deter-
493]. See Act.
mined. [Ceniza v. CA, GR 95296. Feb. 3,
Final and executory judgment. Rem. Law. A 1993].
judgment which becomes "final and execu-
Final point of the subjective phase. Crim
tory" by operation of law. Finality of judg-
Law. That point where [the offender] still has
ment becomes a fact upon the lapse of the
control over his acts, including their [acts‘]
reglementary period to appeal if no appeal is
natural course.‖ [Reyes, I The Rev. Penal
perfected. In such a situation, the prevailing
Code: Crim. Law 13th Ed., 2001 at 101].
party is entitled to a writ of execution, and
issuance thereof is a ministerial duty of the Final resolution. Rem. Law. A resolution final-
court. [City of Manila v. CA, GR 100626. ly disposing of a case, such as one dismiss-
Nov. 29, 1991]. Compare with Final judging a case.
ments.
Final withholding tax. A kind of withholding
Final injunction. Rem. Law. A judgment ren- tax which is prescribed on certain income
dered after trial which perpetually restrains payments and is not creditable against the
the party or person from the commission or income tax due of the payee on other in-
continuance of the act or acts, or confirming come subject to regular rates of tax for the
the preliminary mandatory injunction. [Feria taxable year. Income Tax withheld consti-
and Noche, Civ. Pro. Annotated, Vol. 1, tutes the full and final payment of the In-
2001 Ed., p. 325]. come Tax due from the payee on the partic-
ular income subjected to final withholding
Final judgment or order. Rem. Law. An order
tax.
which disposes of the whole subject matter
or terminates a particular proceeding or ac- Finality of judgment. Rem. Law. [It] becomes
tion, leaving nothing to be done but to en- a fact when the reglementary period to ap-
force by execution what has been deter- peal lapses and no appeal is perfected with-
mined. [Marcelo v. de Guzman, GR L- in such period. As a consequence, no court
29077, 29 June 1982]. Compare with Inter- can exercise appellate jurisdiction to review
locutory order. a case or modify a decision that has be-
came final. [SSS v. Isip, GR 165417, Apr. 3,
Final judgments. Rem. Law. Judgments
2007].
which finally dispose of, adjudicate, or de-
termine the rights of the parties in the case. Finality of judgment doctrine. Rem. Law.
But such judgments are not yet "final and The doctrine that once a judgment attains
executory" pending the expiration of the finality it thereby becomes immutable and
reglementary period for appeal. During that unalterable. It may no longer be modified in
period, execution of the judgment cannot yet any respect, even if the modification is
be demanded by the winning party as a mat- meant to correct what is perceived to be an

385
erroneous conclusion of fact or law, and re- charges incident to the extension of credit
gardless of whether the modification is at- as the [Monetary] Board may be regulation
tempted to be made by the court rendering it prescribe. [Sec. 3, RA 3765].
or by the highest court of the land. Just as
Finance charges. The amount to be paid by
the losing party has the right to file an ap-
the debtor incident to the extension of credit
peal within the prescribed period, the win-
such as interest or discounts, collection
ning party also has the correlative right to
fees, credit investigation fees, and other
enjoy the finality of the resolution of his
service charges. [Sec. 3, RA 8484].
case. The doctrine of finality of judgment is
grounded on fundamental considerations of Finance lease. Also Full payout lease. A
public policy and sound practice, and that, at contract involving payment over an obligato-
the risk of occasional errors, the judgments ry period (also called primary or basic peri-
or orders of courts must become final at od) of specified rental amounts for the use
some definite time fixed by law; otherwise, of a lessor's property, sufficient in total to
there would be no end to litigations, thus amortize the capital outlay of lessor and to
setting to naught the main role of courts of provide for the lessor's borrowing costs and
justice which is to assist in the enforcement profits. [Beltran v. PAIC Finance Corp., GR
of the rule of law and the maintenance of 83113. May 19, 1992].
peace and order by settling justiciable con-
troversies with finality. [Gallardo-Corro v. Financial assistance. The giving out of mon-
Gallardo, GR 136228. Jan. 30, 2001]. ey to another without the expectation of any
returns therefrom. It connotes an ex gratia
Finality of judgment rule. Rem. Law. A rule dole out in favor of someone driven into a
grounded on the fundamental principle of state of destitution. [Leung v. IAC, GR
public policy and sound practice that at the 70926. Jan. 31, 1989].
risk of occasional error, the judgment of
Financial connections. The existing connec-
court and award of quasi-judicial agencies
must become final at some definite date tions with any business enterprise or entity,
fixed by law. [Reyes v. CA, GR 120817. whether as a consultant, adviser and the
Nov. 4, 1996]. like, with an expectation of remuneration for
services rendered, incl. those of his/her
Finality of judgment rule. Rem. Law. Excep- spouse and unmarried children below 18 liv-
tions. The rule [may be relaxed] in order to ing in his/her household. [CSC‘s Guidelines
serve substantial justice considering (a) on the use of the rev. SALN form].
matters of life, liberty, honor or property, (b)
Financial intermediaries. Persons or entities
the existence of special or compelling cir-
cumstances, (c) the merits of the case, (d) a whose principal functions include the lend-
cause not entirely attributable to the fault or ing, investing or placement of funds or evi-
negligence of the party favored by the sus- dences of indebtedness or equity deposited
pension of the rules, (e) a lack of any show- with them, acquired by them, or otherwise
coursed through them, either for their own
ing that the review sought is merely frivolous
and dilatory, and (f) the other party will not account or for the account of others. [Sec. 1,
be unjustly prejudiced thereby. [Barnes v. PD 71].
Padilla, GR 160753. Sep. 30, 2004]. Financial leasing. A mode of extending credit
Finance. 1. The science of the management of through a non-cancelable lease contract un-
der which the lessor purchases or acquires,
money and other assets. 2. The manage-
ment of money, banking, investments, and at the instance of the lessee, machinery,
credit. equipment, motor vehicles, appliances,
business and office machines, and other
Finance charge. It includes interest, fees, movable or immovable property in consider-
service charges, discounts, and such other ation of the periodic payment by the lessee

386
of a fixed amount of money sufficient to Financing companies. 1. Corps., except
amortize at least 70% of the purchase price banks, investments houses, savings and
or acquisition cost, incl. any incidental ex- loan assocs., insurance companies, coops.,
penses and a margin of profit over an oblig- and other financial institutions organized or
atory period of not less than 2 years during operating under other special laws, which
which the lessee has the right to hold and are primarily organized for the purpose of
use the leased property with the right to ex- extending credit facilities to consumers and
pense the lease rentals paid to the lessor to industrial, commercial, or agricultural en-
and bears the cost of repairs, maintenance, terprises, by direct lending or by discounting
insurance and preservation thereof, but with or factoring commercial papers or accounts
no obligation or option on his part to pur- receivable, or by buying and selling con-
chase the leased property from the owner- tracts, leases, chattel mortgages, or other
lessor at the end of the lease contract. [Sec. evidences of indebtedness, or by financial
3, RA 8556]. leasing of movable as well as immovable
property. [Sec. 3, RA 8556].
Financial or technical assistance agree-
ment. A contract involving financial or tech- Financing Company Act. RA 5980 enacted
nical assistance for large-scale exploration, on Aug. 4, 1969.
development, and utilization of mineral re-
Financing Company Act of 1998. RA 8556
sources. [Sec. 3, RA 7942].
entitled ―An Act amending RA 5980, as
Financial Rehabilitation and Insolvency Act amended, otherwise known as the Financ-
(FRIA) of 2010. RA 10142 entitled ―An Act ing Company Act‖ enacted on Feb. 26,
Providing for the Rehabilitation or Liquida- 1998.
tion of Financially Distressed Enterprises
Financing lease. It may be seen to be a con-
and Individuals‖ enacted in 2010.
tract sui generis, possessing some but not
Financial restructuring. A mechanism to necessarily all of the elements of an ordi-
improve the GOCC‘s financial condition nary or civil law lease. Thus, legal title to the
through assumption by the NG of the for- equipment leased is lodged in the financial
mer‘s non-performing assets. lessor. The financial lessee is entitled to the
possession and use of the leased equip-
Financial services. Services extended by
ment. At the same time, the financial lessee
banks or financial institutions such as, but
is obligated to make periodic payments de-
not limited to, credit or lending, deposits and
nominated as lease rentals, which enable
rediscounting. [Sec. 3, RA 10000].
the financial lessor to recover the purchase
Financier. Any person who pays for, raises or price of the equipment which had been paid
supplies money for, or underwrites any of to the supplier thereof. [Beltran v. PAIC Fi-
the illegal activities prescribed under RA nance Corp., GR 83113 and 83258, May 19,
9165. [Sec 3, RA 9165]. 1992].
Financier or Capitalist. Any person who fi- Financing requirement. The portion of cur-
nances the operations of any illegal num- rent and capital expenditures, plus lending
bers game. [Sec. 2, RA 9287]. minus repayments in the case of govt. and
distributions of equity income to sharehold-
Financing. 1. The means by which a govt. ers in the case of enterprises, that is not
provides financial resources to cover a covered by the revenues and transfers re-
budget deficit or allocates financial re-
ceived and must consequently be met
sources arising from a budget surplus. 2. through changes in liabilities and in claims
The proviision of funding for a person or enon others, held for liquidity purposes in the
terprise.
case of govt. It is equivalent to an overall

387
deficit or surplus but carries the opposite Fire. The active principle of burning, character-
sign. ized by the heat and light of combustion.
[Sec. 3, PD 1185; Sec. 3, RA 9514].
Finding. Formal conclusion by a judge or
regulatory agency on issues of fact. Fire alarm. Any visual or audible signal pro-
duced by a device or system to warm the
Finding of default. See Default, Finding of.
occupants of the building or fire fighting el-
Findings of fact. The written statement of the ements of the presence or danger of fire to
ultimate facts as found by the court and es- enable them to undertake immediate action
sential to support the decision and judgment to save life and property and to suppress the
rendered thereon; they consist of the court's fire. [Sec. 3, PD 1185; Sec. 3, RA 9514].
conclusions with respect to the determina-
Fire Code of the Philippines. PD 1185
tive facts on issue. [Air France v. Carrasco-
signed into law on Aug. 26, 1977.
so, GR L-21438. Sep. 28, 1966].
Fire Code of the Philippines of 2008, Re-
Fine. 1. Pecuniary punishment imposed by a
vised. RA 9514 entitled ―An Act Establishing
lawful Tribunal upon a person convicted of
a Comprehensive Fire Code of the Phils.,
crime or misdemeanor. It may include a for-
repealing PD 1185 and for other purposes‖
feiture or penalty recoverable in a civil ac-
tion. [Vda. De Tad-y v. Ledesma, GR 28638.
Sep. 21, 1928]. 2. A sum of money paid as Fire door. A fire resistive door prescribed for
part of a penalty of conviction for a particular openings in fire separation walls or parti-
criminal offense. tions. [Sec. 3, PD 1185; Sec. 3, RA 9514].
Fine mesh net. Net with mesh size of less Fire exit. A door or window that is clear of
than 3 centimeters measured bet. 2 oppo- obstructions, designated by local authorities
site knots of a full mesh when stretched or for egress.
as otherwise determined by the appropriate
Fire hazard. Any condition or act which in-
govt. agency. [Sec. 4, RA 8550].
creases or may cause an increase in the
Fingir. Sp. Contrahacer alguna cosa dandola probability of the occurrence of fire, or which
la semejanza de lo que no es. Eng. To may obstruct, delay, hinder or interfere with
counterfeit something, giving it the appear- fire fighting operations and the safeguarding
ance of that which it is not. [US v. Paraiso, of life and property. [Sec. 3, PD 1185; Sec.
GR 91. Nov. 13, 1901]. Compare with Con- 3, RA 9514].
trahaciendo.
Fire insurance. A contract of indemnity by
Finis. Lat. The end; finish; conclusion: used at which the insurer, for a consideration,
the end of some books or movies. agrees to indemnify the insured against loss
of or damage by fire, lightning, windstorm,
Finished products. Processed and manufac-
tornado or earthquake and other allied risks,
tured coral articles of trade and commerce
when such risks are covered by extension to
in a form that may be immediately utilized by
fire insurance policies or under separate pol-
the end-user or consumer such as, but not
icies. [Sec. 167, IC].
limited to, jewelries or decorative articles.
[Sec. 3, PD 1219]. Fire insurance policy. Conditions for cancel-
lation: (a) There must be prior notice of can-
Finishes. Materials used as final coating of a
cellation to the insured; (b) the notice must
surface for ornamental or protective purpos-
be based on the occurrence, after the effec-
es. [Sec. 3, PD 1185; Sec. 3, RA 9514].
tive date of the policy, of one or more of the
grounds mentioned; (c) the notice must be
(c.1) in writing, (c.2) mailed, or delivered to
the named insured, (c.3) at the address

388
shown in the policy; (d) it must state: (d.1) stand a standard fire resistance test. See
which of the grounds mentioned in Sec. 64 Fire-resistance rating.
[of the Ins. Code] is relied upon and (d.2)
Fire resistant. Fire-retardant: difficult to burn.
that upon written request of the insured, the
See Fire-resistant.
insurer will furnish the facts on which the
cancellation is based. [Malayan Ins. Co., Fire resistive time period rating. The length
Inc. (MICO) v. Cruz-Arnaldo, GR L-67835. of time a material can withstand being
Oct. 12, 1987]. burned which may be one- hour, two- hours,
four- hours, etc. See Fire-resistive time pe-
Fire insurance. 1. Insurance against loss by
riod rating.
fire, lightning, windstorm, tornado or earth-
quake and other allied risks, when such Fire safety constructions. Design and instal-
risks are covered by extension to fire insur- lation of walls, barriers, doors, windows,
ance policies or under separate policies. vents, means of egress, etc. integral to and
[Sec. 167, IC]. 2. An aleatory contract by incorporated into a building or structure in
which the insured in effect wagers that his order to minimize danger to life from fire,
house will be burned, with the insurer assur- smoke, fumes or panic before the building is
ing him against the loss, for a fee. If the evacuated. These features are also de-
house does burn, the insured, while losing signed to achieve, among others, safe and
his house, wins the wager. The prize is the rapid evacuation of people through means
recompense to be given by the insurer to of egress sealed from smoke or fire, the
make good the loss the insured has sus- confinement of fire or smoke in the room or
tained. [Malayan Insurance Co., Inc. (MICO) floor of origin and delay their spread to other
v. Cruz-Arnaldo, GR L-67835. Oct. 12, parts of the building by means of smoke
1987]. sealed and fire resistant doors, walls and
floors. It shall also mean to include the
Fire insurance policy. A personal contract of
treatment of buildings components or con-
indemnity against a loss by the person in-
tents with flame retardant chemicals. [Sec.
sured, by fire.
3, PD 1185; Sec. 3, RA 9514].
Fire lane. The portion of a roadway or public-
Fire trap. A building unsafe in case of fire bec.
way that should be kept opened and unob-
it will burn easily or bec. it lacks adequate
structed at all times for the expedient opera-
exits or fire escapes. [Sec. 3, PD 1185; Sec.
tion of fire fighting units. [Sec. 3, PD 1185;
3, RA 9514].
Sec. 3, RA 9514].
Fire wall. A fireblock with extends vertically
Fire protective and fire safety device. Any
from the lowest portion of the wall which ad-
device intended for the protection of build-
joins the 2 living units up to a minimum
ings or persons to include but not limited to
height of 0.30 meter above the highest por-
built-in protection system such as sprinklers
tion of the roof attached to it; the fire wall
and other automatic extinguishing system,
shall also extend horizontally up to a mini-
detectors for heat, smoke and combustion
mum distance of 0.30 meter beyond the
products and other warning system compo-
outermost edge of the abutting living units.
nents, personal protective equipment such
[Sec. 3, BP 220].
as fire blankets, helmets, fire suits, gloves
and other garments that may be put on or Firearm. 1. Any instrument or device with
worn by persons to protect themselves dur- which it is possible to propel a projectile by
ing fire. [Sec. 3, PD 1185; Sec. 3, RA 9514]. the expansive force of the gases generated
by the combustion of an explosive sub-
Fire resistance rating. The duration for which
stance. [Francisco, Evidence, Vol. VII, Part
a passive fire protection system can with-
1, 1997 Ed., p. 696]. 2. Any handheld or
portable weapon, whether a small arm or

389
light weapon, that expels or is designed to experienced attorneys. [Cayetano v. Mon-
expel a bullet, shot, slug, missile or any pro- sod, GR 100113. Sep. 3, 1991].
jectile, which is discharged by means of ex-
First class ricelands. Those which yield more
pansive force of gases from burning gun-
than 40 cavans per hectare, the same to be
powder or other form of combustion or any
computed upon the normal average harvest
similar instrument or implement. For pur-
of the 3 preceding years. [Sec. 14, RA
poses of RA 10591, the barrel, frame or re-
2263].
ceiver is considered a firearm. [Sec. 3, RA
10591]. First impression. A legal case in which there
is no binding authority or jurisprudence yet
Firearms Information Management System
on the issue presented. A case that submits
(FIMS). The compilation of all data and in-
an entirely orig. or novel issue of law to the
formation on firearms ownership and dispo-
court for its resolution.
sition for record purposes. [Sec. 3, RA
10591]. First jeopardy. Elements: (a) Court of compe-
tent jurisdiction; (b) valid complaint or infor-
Fireblock. Any wall which separate 2 abutting
mation; (c) arraignment and a (d) valid plea
living units so as to resist the spread of fire.
[People v. Ylagan, GR L-38443 Nov. 25,
Such wall shall be of masonry construction
1933]; (e) the defendant was acquitted or
e.g., cement hollow blocks, bricks, rein-
convicted or the case was dismissed or oth-
forced concrete, etc. at least 4" thick, and
erwise terminated without the express con-
shall extend throughout the whole length of
sent of the accused. [People v. Declaro, GR
the living units and from the lowest portion
64362, Feb. 9, 1989].
of the wall adjoining the living units up to the
point just below the roof covering of purlins. First language. A person's native language.
[Sec. 3, BP 220]. See Mother language.
Fire-resistance rating. the duration for which First level. Civ. Serv. One of the 3 classes of
a passive fire protection system can with- positions in the career service appointment
stand a standard fire resistance test. This to which requires examinations [and which]
can be quantified simply as a measure of shall include clerical, trades, crafts and cus-
time, or it may entail a host of other criteria, todial service positions which involve non-
involving other evidence of functionality or professional or sub-professional work in a
fitness for purpose. non-supervisory or supervisory capacity re-
quiring less than 4 years of collegiate stud-
Fire-resistant. Fire-retardant: difficult to burn.
ies. [Admin. Code of 1987].
Fire-resistive time period rating. The length
First name. A name or nickname given to a
of time a material can withstand being
person which may consist of one or more
burned which may be 1-hour, 2-hours, 3-
names in addition to the middle and last
hours, 4-hours, etc. [Sec. 3, BP 220].
names. [Sec. 2, RA 9053].
Firm. Any partnership, assoc., or other unin-
First party certification. When the certifica-
corporated business org. [Sec. 4, RA 9296].
tion criteria and rules are set and monitor or
Firm offer. An offer which the offeror promises enforced by the producer or company itself.
to keep open for a fixed period of time. [Sec. 3, RA 10068].
Firms. The term by which groups of lawyers First reading of a bill. The reading of the
are called. It is usu. a partnership and mem- number, title, and author followed by the re-
bers of the firm are the partners. Some firms ferral to the appropriate committees. [To-
may be organized as professional corps. lentino v. Sec. of Finance, GR 115455. Aug.
and the members called shareholders. In ei- 25, 1994].
ther case, the members of the firm are the

390
First refusal, Right of. 1. The right to have a privileged vessel and the other is a vessel
the 1st opportunity to purchase real estate required to take action to avoid collision.
when such becomes available, or the right
Fiscal. 1. Of or relating to govt. revenue, esp.
to meet any other offer. 2. A right given to a
taxes. or relating to financial matters. 2. Old
person to be the 1st person allowed to pur-
name for a public prosecutor.
chase a certain object if it is ever offered for
sale. The owner of this right is the 1st to be Fiscal adequacy. One of the characteristics of
offered the designated object if it is ever to a sound tax system which requires that
be offered for sale. sources of revenues must be adequate to
meet govt. expenditures and their variations.
First sale doctrine. Intel. Prop. The doctrine
[Chavez v. Ongpin, GR 76778. June 6,
that allows the purchaser of a copyrighted
1990].
work to sell or give away a particular lawfully
made copy of the same without permission Fiscal autonomy. 1. As envisioned in the
once it has been obtained. This does not in- Consti., the autonomy enjoyed by the Judi-
fringe the copyright owner's exclusive distri- ciary, the CSC, the COA, the Comelec, and
bution rights. See Doctrine of first sale. the Office of the Ombudsman (which) con-
templates a guarantee of full flexibility to al-
First to file rule. Intel. Prop. 1. [The rule that]
locate and utilize their resources with the
if 2 or more persons have made the inven-
wisdom and dispatch that their needs re-
tion separately and independently of each
quire. It recognizes the power and authority
other, the right to the patent shall belong to
to levy, assess and collect fees, fix rates of
the person who filed an application for such
compensation not exceeding the highest
invention, or where 2 or more applications
rates authorized by law for compensation
are filed for the same invention, to the appli-
and play plans of the govt. and allocate and
cant who has the earliest filing date or, the
disburse such sums as may be provided by
earliest priority date. [Sec. 29, IPC]. 2. [The
law or prescribed by them in the course of
rule that] a mark cannot be registered if it is
the discharge of their functions. 2. Freedom
identical with a registered mark belonging to
from outside control. [Bengzon v. Drilon, GR
a different proprietor or a mark with an earli-
103524. Apr. 15, 1992].
er filing or priority date, in respect of: (i) the
same goods or services, or(ii) closely relat- Fiscal policy. 1. The part of govt. policy which
ed goods or services, or (iii) if it nearly re- is concerned with raising of resources
sembles such a mark as to be likely to de- through taxation and borrowing and deciding
ceive or cause confusion. [Sec. 123.1(d), on the level and pattern of expenditures. 2.
IPC]. A govt. policy for dealing with the budget
esp. with taxation and borrowing.
First written notice. [The notice] to be served
on the employees [to be dismissed which] Fiscal year. 1. An accounting period of 12
should contain the specific causes or months ending on the last day of any month
grounds for termination against them, and a other than Dec. [Sec. 22, NIRC, as amend-
directive that the employees are given the ed]. 2. The period beginning with the 1st day
opportunity to submit their written explana- of Jan. and ending with the 31st day of Dec.
tion within a reasonable period. [Inguillo v. of each calendar year. [Sec. 2, Chap. 1,
First Phil. Scales, Inc., GR 165407, June 5, Book VI, EO 292]. Compare with Calendar
2009]. Compare with Second written no- year.
tice.
Fish. All fishes and other aquatic animals such
First zone. A zone of time in the collision of as crustaceans (crabs, prawns, shrimps and
vessels covering all time up to the moment lobsters), mollusks (clams, mussels, scal-
when risk of collision begins. One vessel is lops, oysters, snails and other shellfish).
[Sec. 3, PD 43].

391
Fish and fishery or aquatic products. This Fisherfolk. 1. People directly or personally
includes not only finfish but also mollusks, and physically engaged in taking and/or cul-
crustaceans, echinoderms, marine mam- turing and processing fishery and/or aquatic
mals, and all other species of aquatic flora resources. [Sec. 3, RA 10000; Sec. 4, RA
and fauna and all other products of aquatic 8550]. 2. Those directly or indirectly en-
living resources in any form. [Sec. 4, RA gaged in taking, culturing, or processing
8550]. fishery or aquatic resources. These include,
but are not to be limited to, women engaged
Fish cage. An enclosure which is either sta-
in fishing in municipal waters, coastal and
tionary or floating made up of nets or
marine areas, women workers in commer-
screens sewn or fastened together and in-
cial fishing and aquaculture, vendors and
stalled in the water with opening at the sur-
processors of fish and coastal products, and
face or covered and held in a place by
subsistence producers such as shell-
wooden or bamboo posts or various types of
gatherers, managers, and producers of
anchors and floats. [Sec. 4, RA 8550].
mangrove resources, and other related pro-
Fish corral or Baklad. A stationary weir or ducers. [Sec. 4, RA 9710].
trap devised to intercept and capture fish
Fisherfolk cooperative. A duly registered
consisting of rows of bamboo stakes, plastic
assoc. of fisherfolk with a common bond of
nets and other materials fenced with split
interest, who have voluntarily joined togeth-
blood mattings or wire mattings with one or
er to achieve a lawful common social or
more enclosures, usu. with easy entrance
economic end, making equitable contribu-
but difficult exit, and with or without leaders
tion to the capital requirement and accepting
to direct the fish to the catching chambers,
a fair share of the risks and benefits of the
purse or bags. [Sec. 4, RA 8550; Sec. 3, PD
undertakings in accordance with universally
704].
accepted cooperative principles. [Sec. 4, RA
Fish fingerlings. A stage in the life cycle of 8550].
the fish measuring to about 6-13 cm. de-
Fisherfolk organization. An organized group,
pending on the species. [Sec. 4, RA 8550].
assoc., federation, alliance or an institution
Fish fry. A stage at which a fish has just been of fisherfolk which has at least 15 members,
hatched usu. with sizes from 1-2.5 cm. [Sec. a set of officers, a constitution and by-laws,
4, RA 8550]. an organizational structure and a program of
action. [Sec. 4, RA 8550].
Fish pen. 1. An artificial enclosure constructed
within a body of water for culturing fish and Fisheries. 1. All systems or networks of inter-
fishery or aquatic resources made up of related activities which include the produc-
poles closely arranged in an enclosure with tion, growing, harvesting, processing, mar-
wooden materials, screen or nylon netting to keting, developing, conserving, and manag-
prevent escape of fish. [Sec. 4, RA 8550]. 2. ing of all aquatic resources and fisheries ar-
Fish enclosure made of closely-woven bam- eas. [Sec. 4, RA 8435]. 2. All activities relat-
boo screens or nets, or other materials ating to the act or business of fishing, cultur-
tached to poles staked to the water bottom ing, preserving, processing, marketing, de-
for the purpose of growing and/or culture of veloping, conserving and managing aquatic
fish to various sizes in both fresh and salt resources and the fishery areas, incl. the
water areas. [Sec. 3, PD 704]. privilege to fish or take aquatic resource
Fish plates. Strips of iron 8" to 12" long and
3½" thick which are attached to the rails by Fisheries Decree of 1975. PD 704 entitled
4 bolts, 2 on each side, to keep the rails ―Revising and consolidating all laws and de-
aligned. [Ma-Ao Sugar Central Co., Inc. v. crees affecting fishing and fisheries‖ signed
CA, GR 83491. Aug. 27, 1990]. into law on May 16, 1974.

392
Fisheries sector. The sector engaged in the lenterates, mollusks, crustaceans, echino-
production, growing, harvesting, processing, derms and cetaceans. [Sec. 4, RA 8550].
marketing, developing, conserving, and
Fishing. 1. The taking of fishery species from
managing of aquatic resources and fisheries
their wild state of habitat, with or without the
areas. [Sec. 4, RA 8435].
use of fishing vessels. [Sec. 4, RA 8550]. 2.
Fishery. The business of catching, taking, The application of techniques using various
handling, marketing and preserving fish or gear in catching fish and other fisheries
other fishery or aquatic products; the fishing products. [Sec. 4, RA 8435].
grounds; and the right to fish or take such
Fishing boat. 1. Any boat, ship or other wa-
products therefrom. [Sec. 3, PD 704].
tercraft of 3 gross tons or less, equipped to
Fishery industry. 1. Fish produces, fish probe used for taking of fishery species or aid-
cessors, fish traders, both wholesalers and ing or assisting 1 or more vessels in the per-
retailers, and owners of refrigerating and formance of any activity relating to fishing
cold storage plants serving the industry. incl., but not limited to, preservation, supply,
[Sec. 3, PD 704]. 2. The production, pro- storage, refrigeration, transportation and/or
cessing, preservation, marketing and distri- processing. [Sec. 3, RA 10601]. 2. All boats,
bution of fish and fishery products. [Sec. 3, such as bancas, sailboats, motor boats or
PD 43]. any other type of watercraft, whether li-
censed or not, used for fishing purposes:
Fishery industry, components of the. Fish
Provided, That any such boat used for the
producers, fish processors, fish traders both
purpose of transporting the fish in the
wholesalers and retailers, and owners of re-
course of fishing operations shall be consid-
frigerating and cold storage plants serving
ered as a fishing boat. [Sec. 3, PD 704].
the industry. [Sec. 3, PD 43].
Fishing boat / Gear license. A permit to op-
Fishery management areas. A bay, gulf, lake
erate specific types of fishing boat or gear
or any other fishery area which may be de-
for specific duration in areas beyond munic-
lineated for fishery resource management
ipal waters for demersal or pelagic fishery
purposes. [Sec. 4, RA 8550].
resources. [Sec. 4, RA 8550].
Fishery operator. One who owns and pro-
Fishing expedition. An open-ended inquiry or
vides the means incl. land, labor, capital,
investigation, often undertaken on the pre-
fishing gears and vessels, but does not per-
text of a minor or unrelated matter, whose
sonally engage in fishery. [Sec. 4, RA 8550].
real purpose is to uncover embarrassing or
Fishery products. All products of aquatic damaging information.
living resources in any form. [Sec. 3, PD 43].
Fishing gear. Any instrument or device and its
Fishery refuge and sanctuaries. A designat- accessories utilized in taking fish and other
ed area where fishing or other forms of ac- fishery species. [Sec. 4, RA 8550].
tivities which may damage the ecosystem of
Fishing grounds. Areas in any body of water
the area is prohibited and human access
where fish and other aquatic resources con-
may be restricted. [Sec. 4, RA 8550].
gregate and become target of capture. [Sec.
Fishery reserve. A designated area where 4, RA 8435].
activities are regulated and set aside for ed-
Fishing vessel. Any boat, ship or other water-
ucational and research purposes. [Sec. 4,
craft equipped to be used for taking of fish-
RA 8550].
ery species or aiding or assisting one or
Fishery species. All aquatic flora and fauna more vessels in the performance of any ac-
incl., but not restricted to, fish, algae, coe- tivity relating to fishing, incl., but not limited
to, preservation, supply, storage, refrigera-

393
tion, transportation and/or processing. [Sec. farms, salt beds, fish ports, fishing boat or
4, RA 8550]. trawlers, or fish processing and/or packing
plants, but excl. administrators, security
Fishing with the use of explosives. The use
guards and overseers. [Sec. 3, RA 10000].
of the dynamite, other explosives or other
2. A person regularly or not regularly em-
chemical compounds that contain combus-
ployed in commercial fishing and related in-
tible elements or ingredients which upon ig-
dustries, whose income is either in wage,
nition by friction, concussion, percussion or
profit-sharing or stratified sharing basis, incl.
detonation of all or parts of the compound,
those working in fish pens, fish cages, fish
will kill, stupefy, disable or render uncon-
corrals or traps, fishponds, prawn farms, sea
scious any fishery species. [Sec. 4, RA
farms, salt beds, fish ports, fishing boat or
8550; Sec. 3, PD 704; Sec. 1, PD 534].
trawlers, or fish processing and/or packing
Fishing with the use of noxious or poison- plants. [Sec. 4, RA 8550].
ous substances. 1. The use of any sub-
Fit and Proper Rule. The standard for deter-
stance, plant extracts or juice thereof, sodi-
mining whether a member of the BoD or
um cyanide and/or cyanide compounds or
BoT or CEO is fit and proper to hold a posi-
other chemicals either in a raw or processed
tion in a GOCC which shall include, but not
form, harmful or harmless to human beings,
be limited to, standards on integrity, experi-
which will kill, stupefy, disable or render un-
ence, education, training and competence.
conscious any fishery species and aquatic
[Sec. 3, RA 10149].
resources and capable of damaging and al-
tering the natural habitat. [Sec. 4, RA 8550]. Fit for Human Consumption. 1. Meat that
2. The use of any substance or chemical, has passed and appropriately branded by
whether in raw or processed form, harmful an inspector as safe and wholesome and in
or harmless, which kill, stupefy, disable, or which no changes due to disease, decom-
render unconscious fish or fishery or aquatic position or contamination have subsequently
products. [Sec. 3, PD 704; Sec. 1, PD 534]. been found. [Sec. 4, RA 9296]. 2. An implied
warranty by the seller to the buyer of food.
Fishpond. 1. A land-based facility enclosed
with earthen or stone material to impound
water for growing fish. [Sec. 4, RA 8550]. 2. Five air freedoms. Intl. Law. (a) to fly across
A body of water (artificial or natural) where territory without landing; (b) the freedom to
fish and other aquatic products are cultures, land for non-traffic purposes; (c) the free-
raised or cultivated under controlled condi- dom to put down traffic originating in the
tions. state of the aircraft; (d) the freedom to em-
bark traffic destined for the state of the air-
Fishponds. Bodies of water enclosed by dikes
craft; and (e) the freedom to embark traffic
of earth or other material constructed for the
destined for, or to put down traffic coming
care and conservation of fish, for purposes
from, a 3rd state. [Cruz, Intl. Law Reviewer,
of profit; in this respect fishponds and its wa-
1996 Ed., p. 76].
ters are artificial, not natural, as they are
constructed through human effort and labor. Fixation. The embodiment of sounds, or of the
[De Guzman v. Mun. of Taytay, GR 43626. representations thereof, from which they can
Mar. 7, 1938]. be perceived, reproduced or communicated
through a device. [Sec. 202, RA 8293].
Fishworker. 1. A person whether or not regu-
larly employed in commercial fishing and re- Fixed income. Income [that] it is to be paid in
lated industries, whose income is either from amounts definitely pre-determined. [Howden
wages, profit sharing or stratified sharing and Co., Ltd. v. Coll. of Int. Rev., GR L-
basis, incl. those working in fishpens, fish 19392 Apr. 14, 1965].
corral/traps, fishponds, prawn farms, sea

394
Fixed lump-sum contract. [A contract where] Flag of convenience. 1. A state with which a
the project owner agrees to pay the contrac- vessel is registered for various reasons such
tor a specified amount for completing a as low or non-existent taxation or low oper-
scope of work involving a variety of unspeci- ating costs although the ship has no genu-
fied items of work without requiring a cost ine link with that state. [Harris, Cases and
breakdown. Compare with Unit price con- Materials on Intl. Law, 5th ed., 1998, p. 425].
tract. 2. The granting of nationality (and the right
to fly a flag) to a ship by a state when there
Fixed price contract. A contract (with) a fixed
is little or no connection such as ownership,
price, i.e., not subject to escalation. [Baylen
nationality of the crew, routes followed, etc.
Corp. v. CA, GR 76787. Dec. 14, 1987].
bet. the ship and the state. Compare with
Fixed transportation property. A type of Flag State.
inland mar. ins. for such property bec. they
Flag of truce. Intl. Law. A white flag carried by
are held to be an essential part of transpor-
an individual authorized by one belligerent
tation system such as bridges, tunnels, etc.
to enter into communications with the other
Fixed value plans. Pre-need plans whose belligerent. The bearer, or parlementaire, is
'benefits and costs are fixed and entitled to inviolability as long as he does
predetermined at the inception or purchase not take advantage of his privileged position
of the plan. [Sec. 4, RA 9829]. to commit an act of treachery. [Cruz, Intl.
Law Reviewer, 1996 Ed., p. 142].
Fixed-term character of employment. The
period agreed upon bet. the employer and Flag Salute Law. RA 1265 entitled ―An Act
the employee; employment exists only for making flag ceremony compulsory in all ed-
the duration of the term and ends on its own ucational institutions‖ enacted on June 11,
when the term expires. [Mercado v. AMA 1955.
Computer Coll., GR 183572. Apr. 13, 2010].
Flag state. 1. A ship has the nationality of the
Fixed term employment. A type of employ- flag of the state it flies, but there must be a
ment where an employer and an employee genuine link bet. the state and the ship. [Art.
enter into an employment contract where 91, UNCLOS]. 2. The state that allows a
the term of employment is fixed. [Brent ship to fly its flag and that grants the ship its
School, Inc. v. Zamora, GR L-48494 Feb. 5, nationality. Compare with Flag of Conven-
1990]. ience.
Fixer. Any individual whether or not officially Flagship. The ship in a fleet that carries the
involved in the operation of a govt. office or commanding admiral.
agency who has access to people working
Flammable. Any substance or material that is
therein, and whether or not in collusion with
highly combustible and self-igniting by
them, facilitates speedy completion of trans-
chemical reaction and shall include but not
actions for pecuniary gain or any other ad-
limited to acrolein, allene, aluminum dyethyl
vantage or consideration. [Sec. 4, RA 9485].
monochloride, and other aluminum com-
Flag. A piece of cloth, usu. rectangular, of pounds, ammonium chlorate and other am-
distinctive color and design, used as a sym- monium mixtures and other similar sub-
bol, standard, signal, or emblem. stances or materials. [Sec. 5, RA 6235].
Flag and Heraldic Code of the Philippines. Flash point. The minimum temperature at
RA 8491 entitled ―An Act prescribing the which any material gives off vapor in suffi-
code of the natl. flag, anthem, motto, coat- cient concentration to form an ignitable mix-
of-arms and other heraldic items and devic- ture with air. [Sec. 3, PD 1185; Sec. 3, RA
es of the Phils.‖ enacted on Feb. 12, 1998. 9514].

395
Flee. 1. To run away from a place or situation in its 1st decision. [Fruto v. Reyes, GR
of danger. 2. To run away from someone or 82304. Nov. 29, 1989].
something.
Floater. A type of inland mar. ins. provided to
Flesh wound. A wound which is superficial in follow the insured property wherever it may
nature. be located subject always to the territorial
limits of the contract.
Flexi time or Sliding flexible work schedule.
An arrangement where an employee works Floating law clause. A clause in a contract
at least eight hours each working day but which permits one party to the contract to
may start and quit work at his/her conven- choose the applicable law, after a predeter-
ient time provided that this does not disrupt mined event has occurred. Such clauses
the daily operation and delivery of service of have been criticized for lending themselves
the establishment. to evasion of the law.
Flexible constitution. A constitution which Floating status. 1. An indefinite period of time
can be changed by ordinary legislation. when [employees] do not receive any salary
[Suarez, Pol. Law Reviewer, 1st Ed., 2002, or financial benefit provided by law. 2. (Em-
pp. 9]. Compare with Rigid constitution. ployees who) remained without work or as-
signment x x x for a (certain) period. [Agro
Flexible work schedule of a solo parent.
Commercial Security Services Agency, Inc.
The right granted to a solo parent employee
v. NLRC, GR 82823-24. July 31, 1989].
to vary his/her arrival and departure time
without affecting the core work hours as de- Floor-wage method. A method used in legis-
fined by the employer. [Sec. 3, RA 8972]. lation involving the fixing of determinate
amount that would be added to the prevail-
Flexitime. A system permitting flexibility of
ing statutory minimum wage. [ECOP v.
working hours at the beginning or end of the
NWPC, GR 96169. Sep. 24, 1991, quoting
day, provided an agreed period of each day
NWPC's Order of Nov. 6, 1990]. Compare
(core time) is spent at work.
with Salary-ceiling-method.
Flight. The act or an instance of running away;
Fluvial. Of or found in a river.
an escape.
Fluvial domain. See Maritime domain.
Flight to enemy's country. Crim. Law. The
felony committed by any person who, owing Fly. The part of the flag outside the hoist or
allegiance to the (Phil.) Govt., attempts to length. [Sec. 3, RA 8491].
flee or go to an enemy country when prohib-
FOB. See Free on Board.
ited by competent authority. [Art. 121, RPC].
Follow-up. The monitoring of a newborn with
Flip-flop. To vote for one proposition at first
a heritable condition for the purpose of en-
[take a stand], shift to the opposite proposi-
suring that the newborn patient complies ful-
tion upon the 2nd vote [flip], and revert to his
ly with the medicine of dietary prescriptions.
first position upon the 3rd [flop]. [J. Abad,
[Sec. 4, RA 9288].
Concurring Opinion, League of Cities of the
Phil. V. Comelec, GR 176951, GR 177499, Food. 1. Any processed substance which is
GR 178056, Apr. 12, 2011]. intended for human consumption and in-
cludes drink for man, beverages, chewing
Flip-flopping or Flipping. The stances of an
gum and any substances which have been
agency or board whereby, after absolving [a
used as an ingredient in the manufacture,
person] in a decision that became final, it
preparation or treatment of food. [Sec. 9, RA
reversed itself and found that he was guilty,
9711]. 2. Any substance, whether pro-
based on the same evidence it had rejected
cessed, semi-processed or raw, intended for

396
human consumption and includes chewing propriating Funds Therefor‖ enacted on Aug.
gum, drinks and beverages and any sub- 18, 2009.
stance which has been used as an ingredi-
Food Animal. All domestic animals slaugh-
ent or a component in the manufacture,
tered for human consumption such as but
preparation or treatment of food. [Art. 4, RA
not limited to cattle, carabaos, buffaloes,
7394].
horses, sheep, goats, hogs, deer, rabbits,
Food or Dietary supplement. A processed ostrich and poultry. [Sec. 4, RA 9296].
food product intended to supplement the di-
Food fortification. The addition of nutrients to
et that bears or contains one or more of the
processed foods at levels above the natural
following dietary ingredients: vitamin, miner-
state. [Sec. 4, RA 8172].
al, herb, or other botanical, amino acid, and
dietary substance to increase the total daily Food security. 1. The policy objective, plan
intake in amounts conforming to the latest and strategy of meeting the food require-
Phil. recommended energy and nutrient in- ments of the present and future generations
takes or internationally agreed minimum dai- of Filipinos in substantial quantity, ensuring
ly requirements. It usu. is in the form of cap- the availability and affordability of food to all,
sules, tablets, liquids, gels, powders or pills either through local production or importa-
and not represented for use as a convention, or both, based on the country's existing
tional food or as the sole item of a meal or and potential resource endowment and re-
diet or replacement of drugs and medicines. lated production advantages, and consistent
[Sec. 9, RA 9711]. with the overall natl. development objectives
and policies. [Sec. 4, RA 8435]. 2. Any plan,
Food additive. Any substance, the intended
policy or strategy aimed at ensuring ade-
use of which results or may reasonably be
quate supplies of appropriate food at afford-
expected to result, directly or indirectly, in its
able prices. [Sec. 4, RA 8550].
becoming a component or otherwise affect-
ing the characteristics of any food (incl. any Food self-sufficiency. The state of being able
substance intended for use in producing, to meet consumption needs (particularly for
manufacturing, packing, processing, prepar- staple food crops) from own production ra-
ing, treating, packaging, transporting, or ther than by buying or importing.
holding food; and incl. any source of radia-
Food-grade. Considered safe for use in food
tion intended for any such use), if such sub-
stance is not generally recognized, among by the Food and Drug Administration.
experts qualified as having been adequately Food-grade salt. Salt for human and animal
shown through scientific procedures to be consumption as distinguished from industrial
safe under the conditions of the intended salt. [Sec. 4, RA 8172].
use. [Art. 4, RA 7394].
Footbridge. A bridge designed for pedestri-
Food and Drug Administration (FDA) Act of ans.
2009. RA 9439 entitled ―An Act Strengthen-
ing and Rationalizing the Regulatory Ca- Footpath. A path for people to walk along.
pacity of the Bu. of Food and Drugs (BFAD) See Path walk.
by Establishing Adequate Testing Laborato- For cause. Civ. Serv. That means "a guaran-
ries and Field Offices, Upgrading Its Equip- tee of both procedural and substantive due
ment, Augmenting Its Human Resource process‖ (in the removal or suspension of a
Complement, Giving Authority to Retain Its civil service officer or employee). [Dario v.
Income, Renaming It the Food and Drug Mison, GR 86241. Aug. 8, 1989].
Administration (FDA), Amending Certain
Sections of RA 3720, as Amended, and Ap- For cause provided by law. Civ. Serv. [The
term] means for reasons which the law and

397
sound public policy recognize as sufficient surface owners and other labor disputes,
for removal, that is legal cause, and not epidemic, earthquake, storm, flood or other
merely causes which the appointing power adverse weather conditions, explosion, fire,
in the exercise of discretion may deem suffi- adverse action by govt. or by any instrumen-
cient. It is implied that officers may not be tality or subdivision thereof, act of God or
removed at the mere will of those vested any public enemy and any cause that herein
with the power of removal or without cause. described over which the affected party has
Moreover, the cause must relate to and af- no reasonable control. [Sec. 3, RA 7942]. 2.
fect the administration of the office, and Inevitable accident or casualty; an accident
must be restricted to something of a sub- produced by any physical cause which is ir-
stantial nature directly affecting the rights resistible; such as lightning, tempest, perils
and interests of the public. [Delos Santos v. of the sea, inundation, or earthquake; the
Mallare, GR L-3881 Aug. 31, 1950]. sudden illness or death of a person.
[Gotesco Investment Corp. v. Chatto, GR
Forbearance. 1. A lender's postponement of
87584. June 16, 1992].
foreclosure in order to give the borrower
time an opportunity to make up for overdue Force majeure or Caso fortuito. Elements
payments; the willful grant of time allowed to that must concur to exempt party from liabil-
a party to the contract to fulfill his part of ob- ity, under Art. 1174 of the Civ. Code: (a) The
ligation with or without claiming additional cause of the breach of the obligation must
compensation. 2. The contractual obligation be independent of the human will (the will of
of the creditor to forbear during a given peri- the debtor or the obligor); (b) the event must
od to require of the debtor payment of an be either unforeseeable or unavoidable; (c)
existing debt then due and payable. [Cris- the event must be such as to render it im-
mina Garments, Inc. v. CA, GR 128721. possible for the debtor to fulfill his obligation
Mar. 9, 1999]. in a normal manner; and (d) the debtor must
be free from any participation in, or aggrava-
Forbearance of money, goods or credits.
tion of the injury to the creditor [Lasam v.
[The phrase refers] to arrangements other
Smith, Jr., GR. L-19495 Feb. 2, 1924].
than loan agreements, where a person
acquiesces to the temporary use of his Forced heirs. Those persons whom the testa-
money, goods or credits pending happening tor or donor cannot deprive of the portion of
of certain events or fulfillment of certain his estate reserved for them by law, except
conditions. [Estores v. Supangan, GR in cases where he has a just cause to disin-
175139, Apr. 18, 2012]. herit them. See Compulsory heirs.
Forbidden. Not allowed; banned. Forced Labor. The extraction of work or ser-
vices from any person by means of entice-
Forbidden office. Any office in the govt. that
ment, violence, intimidation or threat, use of,
has been crated or the emoluments thereof
force or coercion, incl. deprivation of free-
have been increased during the term of any
dom, abuse of authority or moral ascendan-
member of the Congress to which he is pro-
cy, debt-bondage or deception incl. any
hibited from being appointed. The purpose
work or service extracted from any person
of the prohibition is to prevent public traffick-
under the menace of penalty. [Sec. 3, RA
ing in public office.
10364].
Force majeure. Also Caso fortuito. Fr. Act of
Forced labor and slavery. The extraction of
God. 1. Acts or circumstances beyond the
work or services from any person by means
reasonable control of the contractor incl., but
of enticement, violence, intimidation or
not limited to, war, rebellion, insurrection, ri-
threat, use of force or coercion, incl. depri-
ots, civil disturbance, blockade, sabotage,
vation of freedom, abuse of authority or
embargo, strike, lockout, any dispute with

398
moral ascendancy, debt-bondage or decep- bar an equity or a right to redeem a mort-
tion. [Sec. 3, RA 9208]. gage.
Forced pregnancy. The unlawful confinement Foreclosure. The act of claiming the title or
of a women to be forcibly made pregnant, forcing the sale of real property in order to
with the intent of affecting the ethnic satisfy a defaulted mortgage loan.
composition of any population carrying out
Foreclosure of mortgage. 1. A proceeding in
other grave violations of intl. law. [Sec. 3,
court by which the right of a person against
RA 9851].
real or personal property is determined and
Forcible abduction. Crim. Law. The abduc- enforced. [Torres, Oblig. & Cont., 2000 Ed.,
tion of any woman against her will and with p. 351]. 2. The judicial or extra-judicial pro-
lewd designs. [Art. 342, RPC]. Compare cedure by which a mortgagee-creditor or
with Consented abduction. one who has succeeded to his rights is al-
lowed to have the mortgaged property sold
Forcible abduction. Crim. Law. Elements: (a)
so that from the proceeds of said sale, the
That the person abducted is any woman,
debt may be satisfied. 2. A court proceeding
regardless of age, civil status, or reputation;
upon default in a mortgage to vest title in the
(b) that the abduction is against her will; and
mortgagee.
(c) that the abduction is with lewd designs.
[People v. Sabredo, GR 126114. May 11, Foreign agent. Any person who acts or
2000]. agrees to act as political consultant, public
relations counsel, publicity agent, infor-
Forcible. Effected against resistance through
mation representative, or as agent, servant,
the use of force.
representative, or attorney for a foreign prin-
Forcible abduction with rape. Crim. Law. cipal or for any domestic org. subsidized di-
Elements: (a) The taking of a woman rectly or indirectly in whole or in part by a
against her will; (b) the taking is with lewd foreign principal. The term foreign agent
designs 32 and (c) the rape of the woman shall not include a duly accredited diplomat-
was accomplished through force or intimida- ic or consular officer of a foreign country or
tion. [People v. Aczon, GR 93029. Aug. 10, officials of the UN and its agencies and of
1993]. other intl. orgs. recognized by the Rep. of
the Phils. while engaged in activities within
Forcible entry. 1. Summary and expeditious
the scope of their legitimate functions as
procedure by which a person seeks to re- such officers or a bona fide member or em-
cover material or physical possession of any ployee of a foreign press service or news
land or building taken from him by force, in-
org. while engaged in activities within the
timidation, strategy, threat or stealth. [e.g., scope of his legitimate functions as such.
when an intruder occupies by force, the [Sec. 3, BP 39].
proper civil remedy is forcible entry]. 2. The
unlawful deprivation of the possession of Foreign Agents Act of 1979. BP 39 entitled
any land or building by force, intimidation, ―An Act regulating the activities and requir-
threat, strategy, or stealth. [Sec. 1, Rule 70, ing the registration of foreign agents in the
RoC]. Phils.‖ enacted on Sep. 7, 1979.
Forcing. A process where a piece of metal is Foreign air carrier. 1. Any operator, not being
heated prior to changing its shape or dimen- a Phil. air operator, which undertakes,
sions. [Sec. 3, PD 1185; Sec. 3, RA 9514]. whether directly or indirectly or by lease or
any other arrangement, to engage in com-
Foreclose. 1. To deprive a mortgagor of the mercial air transport operations within bor-
right to redeem mortgaged property, as ders or airspace of the Phils., whether on a
when payments have not been made. 2. o
scheduled or chartered basis. [Sec. 3, RA

399
9497]. 2. An air carrier who is not a citizen of tions of the Bangko Sentral ng Pilipinas
the Phils., and/or an air carrier other than a (BSP). [Sec. 105, NIRC, as amended].
domestic air carrier. [Sec. 3, RA 776]. Also
Foreign Currency Deposit Act of the Philip-
Foreign air operator.
pines. RA 6426 entitled ―An Act instituting a
Foreign air commerce. Air commerce bet. the foreign currency deposit system in the
Phils. and any place outside it. [Sec. 3, RA Phils., and for other purposes‖ enacted on
776]. Apr. 4, 1972.
Foreign air transport. Air transportation bet. Foreign currency deposit unit (FCDU). That
the Phils. and any place outside it or wholly unit of a local bank or of a local branch of a
outside the Phils. [Sec. 3, RA 9497]. foreign bank authorized by the Central Bank
[now Bangko Sentral] to engage in foreign
Foreign air transportation. Air transportation
currency-denominated transactions, pursu-
bet. the Phils. and any place outside it, or
ant to the provisions of RA 6426, as amend-
wholly outside the Phils. [Sec. 3, RA 776].
ed.
Foreign Arbitral Award. One made in a coun-
Foreign customer. A person or any entity,
try other than the Phils. [Special Rules of
corp., or org. carrying on business or other
Court on ADR, Rule 1.11, AM 07-11-08-SC,
activities outside the Phils., and may include
Sep. 1, 2009].
a foreign govt. [Sec. 3, RA 6424].
Foreign bill of exchange. Nego. Inst. A bill
Foreign diplomat. Any authorized diplomatic
which on its face does not purport to be both
representative of the requesting state or
drawn and payable within the Phils. [Diaz,
govt. and recognized as such by the Sec. of
Bus. Law Rev., 1991 Ed., p. 366]. Compare
Foreign Affairs. [Sec. 2, PD 1069].
with Inland bill of exchange.
Foreign element. Conf. of Laws. A factual
Foreign corporation. A corp. formed, orga-
situation that cuts across territorial lines and
nized or existing under any laws other than
is thus affected by the diverse laws of 2 or
those of the Phils. and whose laws allow Fil-
more states. [Agpalo, Conflict of Laws, p. 4].
ipino citizens and corps. to do business in its
own country or state. It shall have the right Foreign exchange. 1. Foreign currency notes,
to transact business in the Phils. after it shall coins, checks, letters of credits, drafts, bills
have obtained a license to transact business of exchange or other instruments customari-
in this country in accordance with the Corp. ly employed for intl. transfer. [Sec. 3, PD
Code and a certificate of authority from the 1883]. 2. Any medium for effecting intl.
appropriate govt. agency. [Sec. 123, Corp. payments. [Sec. 1, RA 426]. 3. The conver-
Code]. Compare with Domestic corpora- sion of the money of one state into that of
tion. another state.
Foreign court. Corp. Law. A judicial or other Foreign exchange market. An informal net-
authority competent to control or supervise a work of banks, foreign exchange brokers,
foreign proceeding. [Sec. 1, Rule 2, AM 00- and foreign exchange dealers who facilitate
8-10-SC, Dec. 2, 2008]. the exchange of currencies.
Foreign currency denominated sale. Sale to Foreign flag vessel. A vessel or watercraft
a nonresident of goods, except those men- registered under the laws of a country other
tioned in Secs. 149 and 150 of the NIRC, than the Phils. [Sec. 3, PD 474].
assembled or manufactured in the Phils. for
Foreign government. The govt. of a country,
delivery to a resident in the Phils., paid for in
other than the Phils., or of any political sub-
acceptable foreign currency and accounted
division or agency thereof. [Sec. 3, RA
for in accordance with the rules and regula-
6424].

400
Foreign investment. Equity investment made Foreign sovereign immunity. A doctrine
by a non-Phil. national in the form of foreign precluding the institution of an action against
exchange and/or other assets actually trans- the govt. of a country without its consent.
ferred to the Phils. and duly registered with The principle of absolute sovereign immuni-
the Central Bank [now Bangko Sentral] ty has eventually been replaced by the doc-
which shall assess and appraise the value trine of restrictive sovereign immunity.
of such assets other than foreign exchange.
Foreign-assisted projects (FAPs). Govt.
[Sec. 3, RA 7042].
projects which are wholly or partly financed
Foreign judgment. In a strict sense, a judg- by foreign loans and/or foreign grants.
ment rendered by a court of a foreign coun-
Foreign-assisted projects support fund. A
try.
lump-sum budget provision for the expendi-
Foreign loan. Any credit facility or financial ture requirements of foreign assisted pro-
assistance other than equity investment objects.
tained by a registered enterprise from a
Foreign-owned corporation. Any corp., part-
source outside the Phils. and brought into
nership, assoc., or coop. duly registered in
the Phils. either in foreign exchange or in
accordance with law in which less than 50%
other assets and registered with the Central
of the capital is owned by Filipino citizens.
Bank (now Bangko Sentral) and the Board
[Sec. 3, RA 7942].
of Investments, which shall assess and ap-
praise the assets other than foreign ex- Forensic. Of, relating to, or denoting the appli-
change representing the proceeds of the cation of scientific methods and techniques
loan. [Sec. 3, RA 5186]. to the investigation of crime.
Foreign policy. A policy pursued by a nation Forensic medicine. The branch of medicine
in its dealings with other nations, designed the object of which is to place medical
to achieve natl. objectives. knowledge at the disposal of the administra-
tion of justice, both civil and criminal. [Gre-
Foreign principal. The govt. of a foreign
gorio, Fund. of Crim. Law Rev., 1997 9th
country or a foreign political party; a foreign-
Ed.].
er located within or outside the jurisdiction of
the Rep. of the Phils.; or a partnership, as- Foreseeability. The reasonable anticipation
soc., corp., org. or other entity owned or that some harm or injury is a likely result of
controlled by foreigners. [Sec. 3, BP 39]. an act or a failure to act.
Foreign proceeding. Corp. Law. A collective Foreseeability test. A breaching party is liable
judicial or administrative proceeding in a only for those damages which he or she
foreign State, interim proceeding, pursuant foresaw or ought to have foreseen.
to a law re solvency in which proceeding the
assets and affairs of the debtor are subject Foreseeable. Able to be foreseen or predict-
to control or supervision by a foreign count, ed.
for the purpose of rehabilitation or re-org. Foreshore. The part of the seashore bet. the
[Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, highwater mark and the low-water mark.
2008].
Foreshore land. 1. A string of land margining
Foreign Representative. Corp. Law. A person a body of water; the part of a seashore bet.
or entity, incl. one appointed on an interim the low-water line usu. at the seaward mar-
basis, authorized in a foreign proceeding to gin of a low tide terrace and the upper limit
administer the reorg. or rehabilitation of the of wave wash at high tide usu. marked by a
debtor or act as a representative of the for- beach scarp or berm. [Sec. 4, RA 8550]. 2.
eign proceeding. [Sec. 1, Rule 2, AM 00-8- The strip of land that lies bet. the high and
10-SC, Dec. 2, 2008].

401
low water marks and that is alternatively wet Forest product. This includes timber, pulp-
and dry acc. to the flow of the tide. [Rep. v. wood, firewood, bark, tree top, resin, gum,
Alagad, GR 66807. Jan. 26, 1989]. wood, oil, honey, beeswax, nipa, rattan, or
other forest growth such as grass, shrub,
Foreshore lands. The part of the shore which
and flowering plant, the associated water,
is alternately covered and uncovered by the
fish, game, scenic, historical, recreational
ebb and flow of the tide. [DENR AO 99-34,
and geologic resources in forest lands. [Sec.
Aug. 10, 1999].
68, PD 705].
Foreshore Lease Application. The type of
Forest reservations. Forest lands which have
application covering foreshore lands,
been reserved by the Pres. of the Phils. for
marshy lands and other lands bordering
any specific purpose or purposes. [Sec. 3,
bodies of water for commercial, industrial or
PD 705].
other productive purposes other than agri-
culture. [DENR AO 99-34, Aug. 10, 1999]. Forest reserves. The areas of land that are
protected and managed in order to preserve
Foreshore Lease Contract. The agreement
a particular type of habitat and its flora and
bet. the DENR and the applicant which con-
fauna which are often rare or endangered.
tains specific terms and conditions. [DENR
See Permanent forest.
AO 99-34, Aug. 10, 1999].
Forestlands. [It] includes the public forest, the
Forest. 1. Vast tracts of wooded land with
permanent forest or forest reserves, and
dense growths of trees and underbush. It is
forest reservations. [Sec. 4, DENR AO
descriptive of what appears on the land but
2008-24].
is not a legal status nor a classification for
legal purposes. [Rep. v. CA, GR L-56948. Forestry Code. See Revised Forestry Code
Sep. 30, 1987]. 2. Areas of one hectare or of the Phils.
more which are at least 10% stocked with
Forestry profession, Practice of. The scien-
forest trees (incl. seedlings and saplings),
tific conservation and management of for-
with palm, bamboo, or brush. Narrow strips
ests for the continuous and judicious utiliza-
of land bearing forest must be at least 60
tion of forests products; incl. services in the
meters wide and one hectare in size to qual-
form of forestry consultation, investigation,
ify as forest. Industrial plantations and tree
planning, preparation, and implementation
farms, one hectare or more in sizes, are al-
of management plans for forests and natl.
so included. Compare with Timber land.
park areas and the determination of the
Forest charge. A tax not on the minerals, but suitability of public forest land for pasture or
upon the privilege of severing or extracting agricultural land; logging, forest reconnais-
the same from the earth. [CIR v. Guerrero, sance and timber estimate; scaling and
GR L-19074. Feb. 31, 1967]. grading of logs and lumber; identification of
woods and other forestry products; admin-
Forest land. 1. Lands of the public domain
istration, management and supervision of
which have not been declared as alienable
forest plantation and tree farm leases within
or disposable, public forests, permanent for-
public forests; protection and conservation
ests or forest reserves, forest reservations,
of game and wildlife; preparation and im-
timberlands, grazing lands, game refuge,
plementation of reforestation and afforesta-
and bird sanctuaries. [Sec. 4, RA 7900]. 2. It
tion plans; supervision of any forestry activi-
includes the public forest, the permanent
ty requiring the application of forestry princi-
forest or forest reserves, and forest reserva-
ples; and such other activities as related to
tions. Also Timber land.
forest protection, silviculture, and mainte-
Forest lands. See Forestlands. nance or restoration of necessary ecological
balance. [Sec. 2, RA 6239].

402
Forfeit. To lose or be deprived of a property, and documents. Crim. Law. The felony
right or privilege as a penalty for a wrongdo- committed by forging or falsification of
ing. treasury or bank notes or certificates or oth-
er obligations and securities payable to
Forefeited. Something surrendered or subject
bearer and the importation and uttering in
to surrender as punishment for a crime, an
connivance with forgers or importers of such
offense, an error, or a breach of contract.
false or forged obligations or notes. [Art.
Forfeited firearm. A firearm that is subject to 166, RPC].
forfeiture by reason of court order as acces-
Forgiveness doctrine. See Condonation
sory penalty or for the disposition by the
doctrine.
FEO of the PNP of firearms considered as
abandoned, surrendered, confiscated or re- Forgotten evidence. Evidence already in
voked in compliance with existing rules and existence or available before or during trial,
regulations. [Sec. 3, RA 10591]. which was known to and obtainable by the
party offering it and, which could have been
Forfeiture. 1. A divestiture of property without
presented and offered in a seasonable
compensation, in consequence of a default
manner were it not for the oversight or for-
or an offense. [Cabal v. Kapunan, GR L-
getfulness of such party or his counsel.
19052. Dec. 29, 1962]. 2. The incurring of a
[Tumang v. CA, GR 82072. Apr. 17, 1989].
liability to pay a definite sum of money as
the consequence of violating the provisions Forma pauperis. Lat. Character or manner of
of some statute or refusal to comply with a pauper. 1. Permission given to a poor per-
some requirement of law. It may be said to son, i.e. indigent) to proceed without liability
be a penalty imposed for misconduct or for court fees or costs.
breach of duty. [Cabal v. Kapunan, GR L-
Formal. The term may be taken to mean offi-
19052. Dec. 29, 1962]. 3. A court order
cial, regular, definite, fixed, explicit, positive,
transferring in favor of the govt., after due
proper, solemn, and not necessarily written.
process, ownership of property or funds rep-
resenting, involving, or relating to financing Formal act. An instrument acknowledged
of terrorism as defined in Sec. 4 or an of- before a notary public.
fense under Secs. 5, 6, 7, 8, or 9 of RA
10168. [Sec. 3, RA 10168]. Formal amendment. Civ. Pro. 1. The sum-
mary correction by the court of a defect in
Forgery. 1. The false making or altering of a the designation of the parties and other
writing with the intent to defraud. 2. It occurs clearly clerical or typographical errors at any
when a signature is affixed by one who does stage of the action, at its initiative or on mo-
not claim to act as an agent and who has no tion, provided no prejudice is caused there-
authority to bind the person whose signature by to the adverse party. [Sec. 4, Rule 10,
he has forged. RoC]. 2. Amendments held to be merely
formal, viz.: (a) new allegations which relate
Forgery. Crim. Law. How committed: (a) By
only to the range of the penalty that the
giving to a treasury or bank note or any in-
court might impose in the event of convic-
strument, payable to bearer or order men-
tion; (b) an amendment which does not
tioned therein, the appearance of a true
charge another offense different or distinct
genuine document; or (b) by erasing, substi-
from that charged in the orig. one; (c) addi-
tuting, counterfeiting or altering by any
tional allegations which do not alter the
means the figures, letters, words or signs
prosecution's theory of the case so as to
contained therein. [Art. 169, RPC].
cause surprise to the accused and affect the
Forging treasury or bank notes on other form of defense he has or will assume; and
documents payable to bearer; importing, (d) an amendment which does not adversely
and uttering such false or forged notes affect any substantial right of the accused,

403
such as his right to invoke prescription. Formal education. 1. The systematic and
[Teehankee, Jr. v. Madayag, GR 103102. deliberate process of hierarchically struc-
Mar. 6, 1992]. Compare with Substantial tured and sequential learning corresponding
amendment. to the general concept of elementary and
secondary level of schooling. At the end of
Formal amendments. Civ. Pro. Kinds: (a)
each level, the learner needs a certification
New allegations which relate only to the
in order to enter or advance to the next lev-
range of the penalty that the court might im-
el. [Sec. 4, RA 9155]. 2. The hierarchically
pose in the event of conviction; (b) an
structured and chronologically graded learn-
amendment which does not charge another
ing organized and provided by the formal
offense different or distinct from that
school system and for which certification is
charged in the orig. one; (c) additional alle-
required in order for the learner to progress
gations which do not alter the prosecution‘s
through the grades or move to higher levels.
theory of the case so as to cause surprise to
[Sec. 20, BP 232].
the accused and affect the form of defense
he has or will assume; (d) an amendment Formal offer. Evid. The formal offer made by
which does not adversely affect any sub- the proponent stating the specific purpose
stantial right of the accused; and (e) an for which the evidence is offered, after the
amendment that merely adds specifications termination of the testimonial evidence.
to eliminate vagueness in the information [Sec. 34, Rule 132, RoC].
and not to introduce new and material facts,
Formal offer of documentary evidence as
and merely states with additional precision
an exhibit. Evid. Offer done only when the
something which is already contained in the
party rests its case and not before. [Interpa-
orig. information and which adds nothing
cific Transit v. Aviles, GR 86062. June 6,
essential for conviction for the crime
1990]. Compare with Identification of doc-
charged. [Matalam v. Sandiganbayan, GR
umentary evidence.
165751, Apr. 12, 2005].
Formal offer of evidence. Evid. [This] is done
Formal charge. Civ. Serv. A written specifica-
only when the party rests its case and not
tion of the charge(s) against an employee.
before. The mere fact that a particular doc-
[Sec. 16, CSC Res. 99-1936].
ument is identified and marked as an exhibit
Formal charge. Civ. Serv. Contents: A speci- does not mean it will be or has been offered
fication of charge(s), a brief statement of as part of the evidence of the party. The par-
material or relevant facts, accompanied by ty may decide to formally offer it if it believes
certified true copies of the documentary evi- this will advance its cause, and then again it
dence, if any, sworn statements covering may decide not to do so at all. [Interpacific
the testimony of witnesses, a directive to Transit, Inc. V. Aviles, GR 86062 June 6,
answer the charge(s) in writing under oath in 1990].
not less than 72 hours from receipt thereof,
Formally charged. Civ. Serv. A person shall
an advice for the respondent to indicate in
be considered formally charged: (a) In ad-
his answer whether or not he elects a formal
ministrative proceedings - (a.1) upon the fil-
investigation of the charge(s) and a notice
ing of a complaint at the instance of the dis-
that he is entitled to be assisted by a coun-
ciplining authority; or (a.2) upon the finding
sel of his choice. [Sec. 16, CSC Res. 99-
of the existence of a prima facie case by the
1936].
disciplining authority, in case of a complaint
Formal crimes. Those crimes which are al- filed by a private person; [and] (b) In criminal
ways consummated by a single act like proceedings - (a) upon the finding of the ex-
slander. [Gregorio, Fund. of Crim. Law Rev., istence of probable cause by the investigat-
1997 9th Ed., p. 33]. ing prosecutor and the consequent filing of
an information in court with the required pri-

404
or written authority or approval of the pro- Fortuitous event. Characteristics: (a) The
vincial or city prosecutor or chief state pros- cause of the unforeseen and unexpected
ecutor or the Ombudsman or his deputy; (b) occurrence, or the failure of the debtor to
upon the finding of the existence of probable comply with his obligations, must be inde-
cause by the public prosecutor or by the pendent of the human will; (b) it must be im-
judge in cases not requiring a preliminary possible to foresee the event which consti-
investigation nor covered by the Rule on tutes the caso fortuito, or if it can be fore-
Summary Procedure; or (c) upon the finding seen, it must be impossible to avoid; (c) the
of cause or ground to hold the accused for occurrence must be such as to render it im-
trial pursuant to Sec. 13 of the Rev. Rule on possible for the debtor to fulfill his obligation
Summary Procedure. [Plopinio v. Atty. Za- in a normal manner; and, (d) the obligor
bala-Cariño, AM P-08-2458, Mar. 22, 2010]. must be free from any participation in the
aggravation of the injury resulting to the
Formation, maintenance and prohibition of
creditor. Based on the foregoing, in order
combination of capital or labor through
that a fortuitous event may exempt a person
violence or threats. Crim. Law. The felony
from liability, it is necessary that he be free
committed by any person who, for the pur-
from negligence. [Metal Forming Corp. v.
pose of organizing, maintaining or prevent-
Office of the Pres., GR L-111386. Aug. 28,
ing coalitions or capital or labor, strike of la-
1995].
borers or lock-out of employees, shall em-
ploy violence or threats in such a degree as Forum. Lat. The public market or paved court
to compel or force the laborers or employers of a Roman city where judicial and public
in the free and legal exercise of their indus- business was transacted. (a) The place
try or work, if the act shall not constitute a where a legal decision is made. (b) The
more serious offense in accordance with the court or locale wherein causes are judicially
provisions of the Rev. Penal Code. [Art. 289, tried.
RPC].
Forum conveniens. Lat. Appropriate or con-
Formula feeding. The feeding of a newborn venient court. The principle whereby a court
with infant formula usu. by bottle-feeding. It which would not normally have jurisdiction
is also called artificial feeding. [Sec. 3, RA over a claim nevertheless accepts jurisdic-
10028; Sec. 3, RA 7600]. tion, bec. there is no other appropriate juris-
diction to hear the claim, in order to ensure
Fortificant. A substance, in chemical or natu-
that justice is done.
ral form, added to food to increase its nutri-
ent value. [Sec. 3, RA 8976]. Forum non conveniens. Lat. Inappropriate or
inconvenient forum. Priv. Intl. Law. The prin-
Fortification. The addition of nutrients to pro-
ciple whereby a court which has jurisdiction
cessed foods or food products at levels
over a claim, nevertheless stays conditional-
above the natural state. As an approach to
ly or, dismisses conditionally or uncondition-
control micronutrient deficiency, food fortifi-
ally the suit, in order that the claim may be
cation is addition of a micronutrient, defi-
tried in another jurisdiction to which the de-
ciency in the diet, to a food which is widely
fendant is amenable and which the court be-
consumed by a specific at-risk groups. [Sec.
lieves is more appropriate or convenient for
3, RA 8976].
the litigation, incl. the interests of justice.
Fortuitous. Happening by accident or chance
Forum non-conveniens doctrine. Lat. The
rather than design.
forum is inconvenient. Priv. Intl. Law. [A rule
Fortuitous event. Any event which could not designed] to deter the practice of global fo-
be foreseen, or which, though foreseen, rum shopping, [Coquia and Aguiling-
were inevitable. [Art. 1174, CC]. Pangalangan, Conflicts Of Laws, pp. 40-41,
2000 Ed.] that is to prevent non-resident liti-

405
gants from choosing the forum or place diction where it is not the most convenient or
wherein to bring their suit for malicious rea- available forum and the parties are not pre-
sons, such as to secure procedural ad- cluded from seeking remedies elsewhere.
vantages, to annoy and harass the defend- [First Phil. Intl. Bank v. CA, GR 115849. Jan.
ant, to avoid overcrowded dockets, or to se- 24, 1996].
lect a more friendly venue. Under this doc-
Forum-shopping. Civ. Pro. Elements: (a)
trine, a court, in conflicts of law cases, may
Identity of parties or at least such parties
refuse impositions on its jurisdiction where it
that represent the same interests in both ac-
is not the most ―convenient‖ or available fo-
tions; (b) identity of rights asserted and re-
rum and the parties are not precluded from
liefs prayed for, the relief being founded on
seeking remedies elsewhere. [First Phil. Intl.
the same facts; (c) identity of the 2 preced-
Bank v. CA, GR 115849. Jan. 24, 1996].
ing particulars, such that any judgment ren-
Forum organization. An intergovernmental dered in the other action will, regardless of
org. that serves primarily as a meeting place which party is successful, amount to res ju-
for discussions, negotiations, adjudications, dicata in the action under consideration.
and related activities. [Marcopper Mining Corp. v. Solidbank Corp.,
GR 134049 June 17, 2004].
Forum selection clause. A provision in a
contract designating a particular court or tri- Forum-shopping. Civ. Pro. Ways by which it
bunal to resolve any dispute that may arise can be committed: (a) By filing multiple cas-
concerning the contract. es based on the same cause of action and
with the same prayer, the previous case not
Forum shopping. Civ. Pro. 1. The act of a
having been resolved yet [where the ground
party against whom an adverse judgment
for dismissal is litis pendentia]; (b) by filing
has been rendered in one forum, of seeking
multiple cases based on the same cause of
another [and possibly favorable] opinion in
action and with the same prayer, the previ-
another forum other than by appeal or the
ous case having been finally resolved
special civil action of certiorari, or the institu-
[where the ground for dismissal is res judi-
tion of 2 or more actions or proceedings
cata]; and (c) by filing multiple cases based
grounded on the same cause on the suppo-
on the same cause of action but with differ-
sition that one or the other court might look
ent prayers (splitting of causes of action,
with favor upon the party. [Ortigas & Com-
where the ground for dismissal is also either
pany Ltd. Partnership v. Velasco, GR
litis pendentia or res judicata). [Ao-As v. CA,
109645 July 25, 1994]. 2. This occurs
GR 128464, June 20, 2006].
whenever, as a result of an adverse opinion
in one forum, a party seeks a favorable Forward estimates (FEs). Projections or es-
opinion (other than by appeal or certiorari) in timation of the future costs of existing poli-
another. [Villanueva v. Adre, GR 80863 Apr. cies. It also serves as the validation instru-
27, 1989]. 3. It originated as a concept in ment of determining the reasonableness of
private intl. law where non-resident litigants agency proposals on existing programs, pro-
are given the option to choose the forum or jects or activities.
place wherein to bring their suit for various
Forward obligational authority. Certificate of
reasons or excuses, incl. to secure proce-
commitment or authority issued by the DBM
dural advantages, to annoy and harass the
to a NG agency certifying that funds shall be
defendant, to avoid overcrowded dockets, or
made available to cover the total project
to select a more friendly venue. To combat
cost. This will serve as an assurance that
these less than honorable excuses, the
the loan proceeds and the peso counterpart
principle of forum non conveniens was de-
contribution are included in the long term
veloped whereby a court, in conflicts of law
capital program of the NG.
cases, may refuse impositions on its juris-

406
Forward shifting. Tax Law. The transfer of Foul bill of lading. A bill which contains a
the burden of the tax from a factor of pro- notation therein that the goods covered by it
duction through the factors of distribution are in bad condition.
until it finally settles on the ultimate pur-
Foundations. Combinations of capital, inde-
chaser or consumer. [De Leon, Fundamen-
pendent of individuals, and organized prin-
tals of Taxation, 2000 Ed., p. 55].
cipally for charitable, medical, or educational
Forwarder. One who, by the nature of his purposes (non-profit purpose). [Paras, Phil.
business, accepts the placement or delivery Conflict of Laws, 8th Ed. (1996), p. 442].
of whatever goods, involving no more than a
Founders' shares. Corp. Law. Shares classi-
mere physical transfer of the items from the
fied as such in the AOI which may be given
seller. When such items are to be shipped
certain rights and privileges not enjoyed by
overseas, the delivery of the goods to it is a
the owners of other stocks, provided that
mere preparatory step for their eventual
where the exclusive right to vote and be
shipment.
voted for in the election of directors is grant-
Foster. Denoting someone that has a speci- ed, it must be for a limited period not to ex-
fied family connection through fostering ra- ceed 5 years subject to the approval of the
ther than birth. SEC. [Sec. 7, Corp. Code].
Foster care. 1. A social work intervention Fountain. A kind of sparkler conical in shape
which provides for a planned substitute or which is lighted on the ground and designed
alternative family care by a licensed foster to provide various rising colors and intermit-
family to a neglected, abandoned, unat- tent lights upon being ignited. [Sec. 2, RA
tached and poor older person. [Art. 5, IRR of 7183].
RA 9994]. 2. The provision of planned tem-
Fourchette. Legal Med. A small fold of mem-
porary substitute parental care to a child by
brane connecting the labia minora on the
a foster parent. [Sec. 3, RA 10165].
posterior part of the vulva [external] part of
Foster Care Act of 2012. RA 10165 entitled the female genital organ or the V-shaped
―An Act to Strengthen and Propagate Foster appearance formed by the union of the 2 la-
Care and to Provide Funds therefor‖ enact- bia posterity.
ed on June 11, 2012.
Four-factor balancing test. The test to de-
Foster Child. A child placed under foster care. termine whether an accused has been de-
[Sec. 3, RA 10165]. nied the constitutional right to speedy dispo-
sition of his case, i.e., (a) length of the de-
Foster Family Care License. The document
lay; (b) reason for the delay; (c) assertion of
issued by the DSWD authorizing the foster
the right or failure to assert it; and (d) preju-
parent to provide foster care. [Sec. 3, RA
dice caused by the delay. [Dean Tupaz, 24
10165].
Hours Before the Bar (1st Ed. 2005), p. 50].
Foster Parent. 1. A person, duly licensed by Also known as Balancing test.
the DSWD, to provide foster care. [Sec. 3,
FPA. See Foster Placement Authority.
RA 10165]. 2. A person who acts as a par-
ent and guardian for a child in place of the FPA clause. See Free from Particular Aver-
child's natural parents but without legally age clause.
adopting the child.
Fraction. A numerical quantity that is not a
Foster Placement Authority (FPA). The doc- whole number.
ument issued by the DSWD authorizing the
Fractional. Of, relating to, or expressed as a
placement of a particular child with the fos-
numerical value that is not a whole number,
ter parent. [Sec. 3, RA 10165].
especially a fraction less than one.

407
Fractional share. Corp. Law. A share with a the other is induced to enter into a contract
value of less than one full share which, without them, he would not have
agreed to. [Art. 1338, CC]. 2. The voluntary
Franchise. 1. A right or privilege, affected with
execution of a wrongful act, or a willful
public interest which is conferred upon pri-
omission, knowing and intending the effects
vate persons or corps., under such terms
which naturally and necessarily arise from
and conditions as the govt. and its political
such act or omission. [Legaspi Oil v. CA, GR
subdivisions may impose in the interest of
96505. July 1, 1993]. 3. It is deemed to
public welfare, security, and safety. [Sec.
comprise anything calculated to deceive,
131, RA 7160]. 2. Any special privilege or
incl. all acts, omissions, and concealment
right conferred by the State on corps. or
involving a breach of legal or equitable duty,
persons and which does not belong to the
trust, or confidence justly reposed, resulting
citizens of the country generally as a matter
in damage to another, or by which an undue
of common right. [De Leon, Corp. Code of
and unconscientious advantage is taken of
the Phil. Annotated, 1989 Ed., p. 85]. 3. A
another. [CIR v. CA, GR 119322. June 4,
special license that requires the franchisee
1996].
to work the licensed property under the su-
pervision and control of the franchisor. Fraud by concealment. Fraud committed
through failure to disclose facts, when there
Franchise. Kinds: (a) Corporate or general
is a duty to reveal them, as when the parties
franchises or the franchise to exist as a
are bound by confidential relations. [Art.
corp.; and (b) Special or secondary fran-
1339, CC].
chises or certain rights and privileges con-
ferred upon existing corps., such as the right Fraud exception rule. [The rule that] provides
to use the streets of a municipality to lay that the untruthfulness of a certificate ac-
pipes or tracks, erect poles or string wires. companying a demand for payment under a
[JRS Business Corp. v. Imperial Ins., Inc. standby letter of credit may qualify as fraud
GR L-19891, July 31, 1964]. sufficient to support an injunction against
payment. [Transfield v. Luzon Hydro, GR
Franchise area. A geographical area exclu-
146717, Nov. 22, 2004]. This rule serves as
sively assigned or granted to a distribution
the exception to the Independence princi-
utility for distribution of electricity. [Sec. 4,
ple.
RA 9136].
Fraud in esse contractus. Also known as
Franchise taxes. Taxes imposed on the spe-
Fraud in factum. Fraud that exists in those
cial privilege or right conferred by the state
cases in which a person, without negli-
on an individual or corp., through legislation,
gence, has signed an instrument which was
to exercise certain powers and privileges
in fact, a negotiable instrument, but was de-
such as the operation of public utilities.
ceived as to the character of the instrument
Frangible. Fragile; brittle. and without knowledge of it.
Frangible disc. In the gas bottling trade, a Fraud in factum. Also known as Fraud in
piece of steel disc bet. the valves and the esse contractus. That fraud which destroys
plugs screwed thereto, of a cylinder contain- the contract itself. [Diaz, Bus. Law Rev.,
ing liquid carbon dioxide, which acts as a 1991 Ed., p. 325]. See also Fraud in
safety device the function of which is to the factum.
burst when excessive pressure is built within
Fraud in the execution or Fraud in factum.
the cylinder to prevent the pressure vessel
Nego. Inst. A type of fraud that occurs when
from exploding and disintegrating.
a person, without negligence, has signed an
Fraud. 1. The insidious words or machinations instrument which was in fact a negotiable
of one of the contracting parties, by which one, but was deceived as to the character of

408
the instrument and without knowledge of it. Fraude. Sp. Fraud. [People v. Ramos, GR L-
This is a real defense. Compare with Fraud 34355 July 30, 1979]
in the inducement or Simple fraud.
Frauds against the public treasury and
Fraud in the inducement or Simple fraud. similar offenses. Crim. Law. The felony
Nego. Inst. Fraud that relates to the quanti- committed by any public officer who: 1. In
ty, quality, value or character of the consid- his official capacity, in dealing with any per-
eration of the instrument. Deceit is not in the son with regard to furnishing supplies, the
character of the instrument but in its amount making of contracts, or the adjustment or
or terms. This is a personal defense. Com- settlement of accounts relating to public
pare with Fraud in the execution or Fraud property or funds, shall enter into an agree-
in factum. ment with any interested party or speculator
or make use of any other scheme, to de-
Fraud in the factum. 1. A type of fraud where
fraud the Govt.; 2. Being entrusted with the
misrepresentation causes one to enter a
collection of taxes, licenses, fees and other
transaction without accurately realizing the
imposts, shall be guilty or any of the follow-
risks, duties, or obligations incurred. 2.
ing acts or omissions: (a) Demanding, di-
Fraud that arises from a disparity bet. the
rectly, or indirectly, the payment of sums dif-
instrument intended to be executed and the
ferent from or larger than those authorized
instrument actually executed. See also
by law. (b) Failing voluntarily to issue a re-
Fraud in factum.
ceipt, as provided by law, for any sum of
Fraud orders. The instruction issued by the money collected by him officially. (c) Collect-
Dir. of Posts -- upon satisfactory evidence ing or receiving, directly or indirectly, by way
that any person or company is engaged in of payment or otherwise things or objects of
conducting any lottery, gift enterprise, or a nature different from that provided by law.
scheme for the distribution of money, or of [Art. 213, RPC].
any real or personal property by lot, chance,
Fraudulent. Obtained, done by, or involving
or drawing of any kind, or that any person or
deception, esp. criminal deception.
company is conducting any scheme, device,
or enterprise for obtaining money or proper- Fraudulent acts. 1. In the crime of estafa or
ty of any kind through the mails by means of swindling, the act executed prior to or simul-
false or fraudulent pretenses, representa- taneously with the commission of the fraud:
tions, or promises -- to any postmaster or (a) By using fictitious name, or falsely pre-
other officer or employee of the Bu. (of tending to possess power, influence, qualifi-
Posts) to return to the person, depositing cations, property, credit, agency, business
same in the mails, with the word 'fraudulent' or imaginary transactions, or by means of
plainly written or stamped upon the outside other similar deceits; (b) By altering the
cover thereof, any mail matter of whatever quality, fineness or weight of anything per-
class mailed by or addressed to such pertaining to his art or business; (c) By pretend-
son or company or the representative or ing to have bribed any Govt. employee,
agent of such person or company. [Sec. without prejudice to the action for calumny
1982, Rev. Admin. Code]. which the offended party may deem proper
to bring against the offender; (d) By post-
Fraud vitiating consent for purposes of
dating a check, or issuing a check in pay-
annulling a contract. Elements: (a) It was
ment of an obligation when the offender
employed by a contracting party upon the
therein were not sufficient to cover the
other, (b) It induced the other party to enter
amount of the check. The failure of the
into the contract; (c) It was serious; and, (d)
drawer of the check to deposit the amount
It resulted in damages and injury to the party
necessary to cover his check within 3 days
seeking annulment. [Alcasid v. CA, GR
from receipt of notice from the bank and/or
104751, Oct. 7, 1994].

409
the payee or holder that said check has mark or an entry respecting a trade-name,
been dishonored for lack of insufficiency of trade-mark or service mark. [Art. 189, RPC].
funds shall be prima facie evidence of deceit
Fraudulent insolvency. Crim. Law. The felo-
constituting false pretense or fraudulent act
ny committed by any person who shall ab-
[As amended by RA 4885]; (e) By obtaining
scond with his property to the prejudice of
any food, refreshment or accommodation at
his creditors, whether or not he be a mer-
a hotel, inn, restaurant, boarding house,
chant. [Art. 314, RPC].
lodging house, or apartment house and the
like without paying therefor, with intent to Fraudulent misrepresentation. A false
defraud the proprietor or manager thereof, statement made knowing it to be false and
or by obtaining credit at hotel, inn, restau- intending another to act on it to his detri-
rant, boarding house, lodging house, or ment, or made carelessly or recklessly with-
apartment house by the use of any false out regard to whether it is true or false.
pretense, or by abandoning or surreptitious-
Fraudulent registration of trademark, trade
ly removing any part of his baggage from a
hotel, inn, restaurant, boarding house, lodg- name or service mark. Crim. Law. The fel-
ing house or apartment house after obtain- ony committed by any person who shall af-
fix, apply, annex or use in connection with
ing credit, food, refreshment or accommoda-
tion therein without paying for his food, re- any goods or services or any container or
freshment or accommodation. [Art. 315, containers for goods a false designation of
RPC]. 2. Representation of some fact or cir- origin or any false description or representa-
cumstance which is not true and is calculat- tion and shall sell such goods or services.
[Art. 189, RPC].
ed to mislead, whereby a person obtains
another's money or goods. See False pre- Fraudulent return. Taxation. 1. The term
tenses. implies intentional or deceitful entry with in-
tent to evade the taxes due. [Aznar v. CA,
Fraudulent concealment. Deliberate hiding,
non-disclosure, or suppression of a material GR L-20569. Aug. 23, 1974]. 2. It is always
fact or circumstance which one is legally or an attempt to evade a tax. [CIR v. Javier,
morally bound to reveal with intent to de- GR 78953. July 31, 1991]. Compare with
ceive or defraud in a contractual arrange- False return.
ment. Fraus est odiosa et non praesumenda. Lat.
Fraudulent conveyance. A transaction by Fraud is odious and is not to be presumed.
means of which the owner of real or person- Fraud is never presumed. It must be alleged
and proven. [Cuizon v. CA, GR 102096.
al property has sought to place the land or
goods beyond the reach of his creditors, or Aug. 22, 1996].
which operates to the prejudice of their legal Fraus et jus nunquam cohabitant. Lat. Fraud
or equitable rights. and justice never dwell or exist side by side.
Fraudulent designation of origin, and false [Dir. of Lands v. CA, GR L-45168. Jan. 27,
1981 ].
description. Crim. Law. The felony commit-
ted by any person who by means of false or Free. When used in a trade term, it means that
fraudulent representation or declarations the seller has an obligation to deliver goods
orally or in writing or by other fraudulent to a named place for transfer to a carrier.
means shall procure from the patent office
or from any other office which may hereafter Free alongside ship (FAS). A provision in a
be established by law for the purposes the contract of sale which requires the seller to
registration of a trade-name, trade-mark or deliver the merchandise at a designated
service mark or of himself as the owner of place for loading aboard ship. [Torres, Oblig.
such trade-name, trade-mark or service & Cont., 2000 Ed., p. 351].

410
Free and prior informed consent. The con- dispute resolution (ADR). Services rendered
sensus of all members of the Indigenous when a practicing lawyer is appointed coun-
Cultural Communities or Indigenous Peo- sel de oficio shall also be considered as free
ples (ICCs or IPs) to be determined in ac- legal aid services and credited as compli-
cordance with their respective customary ance under the Rule. [Proposed Rule on
laws and practices, free from any external Mandatory Legal Aid Service for Practicing
manipulation, interference and coercion, and Lawyers, Sec. 4, BM 2012, Feb. 10, 2009].
obtained after fully disclosing the intent and
Free legal assistance. Legal assistance pro-
scope of the activity, in a language and pro-
vided by a especially established org. for
cess understandable to the community.
those who cannot afford the services of a
[Sec. 4, RA 8371].
lawyer. Free or low-cost legal aid for the in-
Free areas. All lands within the territorial limits digent or pauper litigant.
of the Phils. incl. those submerged beneath
Free Legal Assistance Act of 2010. RA 9999
seas, bays, lakes, rivers, lagoons, or the ter-
entitled ―An Act Providing a Mechanism for
ritorial waters, or on the continental shelf, or
Free Legal Assistance and for Other Pur-
its analogue in an archipelago, but which
poses‖ enacted on Feb. 23, 2010.
are not within the natl. reserve areas, or pe-
troleum reservations, or covered by valid Free market. Domestic and foreign open mar-
and existing exploration or exploitation con- ket. [Sec. 1, RA 6364].
cession, or petroleum drilling leases. [Art.
14, RA 387]. Free Mobile Disaster Alerts Act,The. RA
10639 entitled ―An Act Mandating the Tele-
Free city. An entire port city which has been communications Service Providers to Send
opened to intl. trade. Free Mobile Alerts in the Event of Natural
and Man-Made Disasters and Calamities‖
Free exercise clause. Consti. Law. A provi-
enacted on June 20, 2014.
sion in the 1897 Phil. Consti. that ―the free
exercise and enjoyment of religious profes- Free on board (FOB). 1. This means that the
sion and worship, without discrimination or goods are to be delivered free of expense to
preference, shall forever be allowed.‖ [Sec. the buyer to the point of either shipment or
5, Art. III, 1987 Consti.]. destination. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 124]. 2. A provision in a contract of sale
Free from Particular Average clause (FPA
which requires the seller to deliver the mer-
clause). A clause agreed upon in a policy of
chandise at a designated place, usu. to a
mar. ins. in which it is provided that a marine
common carrier. [Torres, Oblig. & Cont.,
insurer shall not be liable for any particular
2000 Ed., p. 351].
average loss not depriving the insured of the
possession, at the port of destination, of the Free patent. One issued where the applicant
whole of such thing, or class of things, even is a natural-born citizen of the Phils.; not the
though it becomes entirely worthless; but owner of more than 12 hectares of land; that
such insurer is liable for his proportion of all he has continuously occupied and cultivat-
general average loss assessed upon the ed, either by himself or through his prede-
thing insured. [Sec. 136, IC]. cessors-in-interests, a tract or tracts of agri-
cultural public lands subject to disposition
Free legal aid services. Appearance in court
for at least 30 years prior to the effectivity of
or quasi-judicial body for and in behalf of an
RA 6940; and that he has paid the real tax-
indigent or pauper litigant and the prepara-
es thereon while the same has not been oc-
tion of pleadings or motions. It shall also
cupied by any person. [Rep. v. CA, GR
cover assistance by a practicing lawyer to
112115. Mar. 9, 2001]. Compare with
indigent or poor litigants in court-annexed
Homestead patent.
mediation and in other modes of alternative

411
Free portion. Succ. The remainder of the customs tariffs and in which a variety of
estate, after deducting the legitime, which trade-related activities may be carried on.
may be freely disposed of by the testator as
Freedom. The state of being free; liberty; self-
may be desired to any person with capacity
determination; absence of restraint; the op-
to succeed.
posite of slavery.
Free property of the insolvent. Property of
Freedom constitution. The provisional Phil.
the insolvent not impressed with liens by
Consti. promulgated under Proc. 3 signed
operation of Arts. 2241 and 2242 of the Civ.
by former Pres. Corazon C. Aquino on Mar.
Code. [Rep. v. Peralta, GR L-56568. May
25, 1986.
20, 1987].
Freedom of conscience. The right to follow
Free Public Secondary Education Act of
one's own beliefs in matters of religion and
1988. RA 6655 entitled ―An Act establishing
morality.
and providing for a free public secondary
education and for other purposes‖ enacted Freedom of contract. The principle [under
on May 26, 1988. which] the contracting parties may establish
such stipulations, clauses, terms and condi-
Free retail zones. Areas within intl. airports
tions as they may deem convenient, provid-
and harbors where travelers can buy goods
ed they are not contrary to law, morals,
free of local sales and excise taxes.
good customs, public order, or public policy.
Free trade. Intl. trade left to its natural course [Aggabao v. Parulan, Jr., GR 152303, Sep.
without tariffs, quotas, or other restrictions. 1, 2010].
Free trade area. A group of states that have Freedom of disposition. The liberty to dis-
reduced or eliminated trade barriers bet. pose of one's estate by will when there are
themselves, but who maintain their own inno forced heirs (which) is rendered sacred
dividual tariffs as to other states. by the Civ. Code in force in the Phils. since
1889. It is so provided in the 1st par. of Art.
Free trade association. A group of states that
763 [now Art. 842, CC]. [Pecson v. Coronel,
have eliminated trade barriers bet. them-
GR L-20374 Oct. 11, 1923].
selves.
Freedom of intellectual inquiry. [It] includes
Free trade zone. 1. An isolated policed area
the freedom of professionally qualified per-
adjacent to a port of entry (as a seaport)
sons to inquire, discover, publish and teach
and/or airport where imported goods may be
the truth as they see it in the field of their
unloaded for immediate transshipment or
competence subject to no control or authori-
stored, repacked, sorted, mixed, or other-
ty except of rational methods by which truths
wise manipulated without being subject to
and conclusions are sought and established
import duties. However, movement of these
in these disciplines. [PTA of St. Mathew
imported goods from the free-trade area to a
Academy v. Metropolitan Bank & Trust Co.,
non-free-trade area in the country shall be
GR 176518. Mar. 2, 2010].
subject to import duties. [Sec. 4, RA 7916].
2. A free zone located within or near a port Freedom of navigation. The right to sail ships
city. on the high seas, subject only to intl. law
and the laws of the flag state. [Suarez, Pol.
Free will. The power of acting without the
Law Reviewer, 1st Ed., 2002, p. 1041].
constraint of necessity or fate; the ability to
act at one's own discretion. Freedom of religion. The right to choose a
religion [or no religion] without interference
Free zone. Geographical area wherein goods
by the govt.
may be imported and exported free from

412
Freedom of speech. 1. In the words of John law. [Cruz, Constl. Law, 1998 Ed., p. 182].
Milton, (it) is the "liberty to know, to utter, Compare with Freedom to believe.
and to argue freely acc. to conscience
Freedom to believe. The aspect of the right to
above all liberties.‖ [Garcia v. Faculty Ad-
religious profession and worship where the
mission Committee, GR L-40779. Nov. 28,
individual is free to believe [or disbelieve] as
1975]. 2. The right to express any opinions
he pleases concerning the hereafter. He
without censorship or restraint.
may indulge his own theories about life and
Freedom of the high seas. The right of all death; worship any god he chooses, or none
states to freely use the high seas for naviga- at all; embrace or reject any religion;
tion, overflight, fishing, the laying of subma- acknowledge the divinity of God or of any
rine cables and pipelines, constructing artifi- being that appeals to his reverence; recog-
cial islands and installations, and carrying nize or deny the immortality of his soul - in
on scientific research. fact, cherish any religious conviction as he
and he alone sees fit. However absurd his
Freedom of the Press. The right, usu. guar-
beliefs may be to others, even if they be
anteed by the Consti., to gather, publish,
hostile and heretical to the majority, he has
and distribute information and ideas without
full freedom to believe as he pleases. He
govt. restriction; this right encompasses
may not be required to prove his beliefs. He
freedom from prior restraints on publication
may not be punished for his inability to do
and freedom from censorship.
so. Religion, after all, is a matter of faith.
Freedom of the Seas. The principle in intl. law 'Men may believe what they cannot prove.'
that no part of the sea can be subjected the Every one has a right to his beliefs and he
sovereignty of any State. It cannot therefore may not be called to account bec. he cannot
be incorporated into the territory of any prove what he believes. [Cruz, Constl. Law,
State through occupation. [Suarez, Pol. Law 1998 Ed., p. 182]. Compare with Freedom
Reviewer, 1st Ed., 2002, p. 1040]. to act on one's beliefs.
Freedom period. See Sixty (60) day freedom Freedom to contract. The rule in Art. 1306, of
period. the Civ. Code that the contracting parties
may establish such stipulations as they may
Freedom to act on one's beliefs. The aspect deem convenient, provided they are not
of the right to religious profession and wor-
contrary to law, morals, good customs, pub-
ship where the individual externalizes his lic order or public policy. [Manila Resource
beliefs in acts or omissions that affect the Dev. Corp. v. NLRC, GR 75242. Sep. 2,
public, and his freedom to do so becomes
1992]. See Autonomy in contracts.
subject to the authority of the State. As great
as this liberty may be, religious freedom, like Freehold. A special right granting the full use
all the other rights guaranteed in the Consti., of real estate for an indeterminate time. It
can be enjoyed only with a proper regard for differs from leasehold, which allows posses-
the rights of others. It is error to think that sion for a limited time. There are varieties of
the mere invocation of religious freedom will freehold such as fee simple and fee tail.
stalemate the State and render it impotent in
Freeholder. A person who owns freehold
protecting the general welfare. The inherent
property rights (i.e. in a piece of real estate;
police power can be exercised to prevent re-
either land or a building).
ligious practices inimical to society. And this
is true even if such practices are pursued Freeze. The blocking or restraining of specific
out of sincere religious conviction and not property or funds from being transacted,
merely for the purpose of evading the rea- converted, concealed, moved or disposed
sonable requirements or prohibitions of the without affecting the ownership thereof.
[Sec. 3, RA 10168].

413
Freeze order. An order which prohibits the the benefits derived by the owner, either
person having possession or control of from the chartering of the ship or its em-
property alleged to constitute "ill-gotten ployment for the carriage of his own goods
wealth" "from transferring, conveying, en- or those of others. [Sec. 102, IC].
cumbering or otherwise depleting or con-
French rule. Crim. Law. 1. The rule that
cealing such property, or from assisting or
crimes committed aboard a foreign mer-
taking part in its transfer, encumbrance,
chant vessel should not be prosecuted in
concealment, or dissipation. It commands
the courts of the country within whose terri-
the possessor to hold the property and con-
torial jurisdiction they were committed, un-
serve it subject to the orders and disposition
less their commission affects the peace and
of the authority decreeing such freezing. In
security of the territory. [People v. Wong
this sense, it is akin to a garnishment by
Cheng, GR L-18924, Oct. 19, 1922]. Com-
which the possessor or ostensible owner of
pare with English rule.
property is enjoined not to deliver, transfer,
or otherwise dispose of any effects or cred- Fresh agricultural and fishery products.
its in his possession or control, and thus be- Agricultural and fisheries products newly
comes in a sense an involuntary depositary taken or captured directly from its natural
thereof. [Bataan Shipyard Eng‘g. Co. Inc. v. state or habitat, or those newly harvested or
PCGG, GR 75885. May 27, 1987]. gathered from agricultural areas or bodies of
water used for aquaculture. [Sec. 4, RA
Freight. 1. Goods transported by truck, train,
8435].
ship, or aircraft. 2. A charge paid for car-
riage or transportation of goods by air, land, Fresh Meat. Meat that has not yet been treat-
or sea. ed in any way other than by modified at-
mosphere packaging or vacuum packaging
Freight collect. That freightage incurred in
to ensure its preservation except that if it
transporting the goods from the point of
has been subjected only to refrigeration, it
origin to the port of destination (which) is for
continues to be considered as fresh. [Sec. 4,
consignee‘s account.
RA 9296].
Freight forwarder. 1. A firm that makes or
Fresh period rule. Rem. Law. A fresh period
assists in the making of shipping arrange-
of 15 days within which to file the notice of
ments. 2. A firm holding itself out to the
appeal, counted from receipt of the order
general public [other than as a pipeline, rail,
dismissing a motion for a new trial or motion
motor, or water carrier] to provide transpor-
for reconsideration. [Neypes v. CA, GR
tation of property for compensation and, in
141524, Sep. 14, 2005]. Also called Neypes
the ordinary course of its business: (a) to
Rule.
assemble and consolidate, or to provide for
assembling and consolidating, shipments, Fresh pursuit. The immediate chase of a
and to perform or provide for break-bulk and suspected criminal by a law enforcement of-
distribution operations of the shipments; (b) ficer, in which situation the officer may arrest
to assume responsibility for the transporta- the suspect without a warrant. See Hot pur-
tion of goods from the place of receipt to the suit.
place of destination; and (c) to use for any
part of the transportation a carrier subject to Freshwater. Water containing less than 500
the federal law pertaining to common carri- ppm dissolved common salt, sodium chlo-
ride, such as that in groundwater, rivers,
ers. [Chemsource, Inc. v. Hub Group, Inc.,
106 F. 3d 1358, CA 7 (Ill.) (1997)]. ponds and lakes. [Sec 4, RA 9275].
Freightage. 1. The carrying of goods in bulk. FRIA. Financial Rehabilitation and Insolvency
Act of 2010.
Goods carried in bulk; freight. 2. In the
sense of a policy of mar. ins., [it] signifies all

414
Friar. A member of a usu. mendicant Roman (PUJs) and to passengers seated at the
Catholic order. right side beside the driver and those at the
1st row immediately behind the driver in the
Friar lands. Lands purchased by the Phil.
case of public utility buses (PUBs) and to
Govt. for sale to actual occupants under the
passengers seated on the right side beside
provisions of Act 1120 or the Friar Lands Act
the driver for private motor vehicles. [Sec. 3,
[of 1904]. These lands are not public lands
RA 8750].
but private and patrimonial lands of the govt.
Frontage. That part or end of a lot which abuts
Friar Lands Act. Act 1120, as amended.
a street. [Sec. 3, BP 220].
Fringe. Not part of the mainstream; unconven-
Frontline. The most advanced, exposed, or
tional, peripheral, or extreme.
conspicuous element in any activity or situa-
Fringe benefit. Any good, service or other tion.
benefit furnished or granted in cash or in
Frontline service. The process or transaction
kind by an employer to an individual em-
bet. clients and govt. offices or agencies in-
ployee (except rank and file employees)
volving applications for any privilege, right,
such as, but not limited to, the following: (a)
permit, reward, license, concession, or for
Housing; (b) expense account; (c) vehicle of
any modification, renewal or extension of
any kind; (d) household personnel, such as
the enumerated applications and/or re-
maid, driver and others; (e) interest on loan
quests which are acted upon in the ordinary
at less than market rate to the extent of the
course of business of the agency or office
difference bet. the market rate and actual
concerned. [Sec. 4, RA 9485].
rate granted; (f) membership fees, dues and
other expenses borne by the employer for Fruits of the poisonous tree. Also Uncoun-
the employee in social and athletic clubs or selled admission. Evid. 1. An admission or
other similar orgs.; (g) expenses for foreign confession obtained in violation of one's
travel; (h) holiday and vacation expenses; (i) constitutional rights the admission of which
educational assistance to the employee or in court is outlawed. [People v. Opida, GR L-
his dependents; and (j) life or health insur- 46272. June 13, 1986]. 2. Acc. to this rule,
ance and other non-life insurance premiums once the primary source (the "tree") is
or similar amounts in excess of what the law shown to have been unlawfully obtained,
allows. [Sec. 33, NIRC, as amended]. any secondary or derivative evidence [the
"fruit"] derived from it is also inadmissible.
Frivolity, Places of. Places of hilarity marked
[People v. Alicando, GR 117487. Dec. 12,
by or providing boisterous merriment or rec-
1995]. 3. The rule is based on the principle
reation. [Sec. 3, RA 8491].
that evidence illegally obtained by the State
Frivolous. Not having any serious purpose or should not be used to gain other evidence
value. bec. the originally illegally obtained evidence
taints all evidence subsequently obtained.
Frivolous appeal. An appeal presenting no [People v. Alicando, GR 117487. Dec. 12,
justiciable question, or one so readily recog-
1995].
nizable as devoid of merit on the face of
record that there is little, if any, prospect that Frustrated. Crim. Law. When the offender
it can ever succeed. One which is evidently performed all the acts of execution which
without merit, taken manifestly for delay. would produce the felony as a consequence
[Dela Cruz v. Blanco, GR 48790. June 8, but which, nevertheless, did not produce it
1942]. by reason of causes independent of the will
of the perpetrator.
Front seat passengers. Persons on board a
public utility vehicle seated at the right side Frustrated felony. Crim. Law. A felony where
beside the driver for public utility jeepneys the offender performs all the acts of execu-

415
tion which would produce the felony as a Specification for Number 4 Fuel Oil (Desig-
consequence but which, nevertheless, do nation D 396-69)" or heavier. [Sec. 3, RA
not produce it by reason of causes inde- 9483].
pendent of the will of the perpetrator. [Art. 6,
Fugitive. One who runs away to avoid arrest,
RPC].
prosecution or imprisonment. Many extradi-
Frustrated theft. There is no [such] crime tion laws also call the suspect a "fugitive"
under the Rev. Penal Code. [Valenzuela v. although, in that context, it does not neces-
People, GR 160188, July 21, 2007]. Theft is sarily mean that the suspect was trying to
a formal crime which can only be attempted hide in the country from which extradition is
or consummated. There can be no frustrat- being sought.
ed stage in the crime of theft. The unlawful
Fugitive from justice. 1. The term refers not
taking is complete when the offender gains
only those who flee after conviction to avoid
possession of the property, even if there is
punishment but likewise those who, after be-
no opportunity to dispose of it.
ing charged, flee to avoid prosecution.
Frustrated rape. Crim. Law. [T]here [is] no [Marquez v. Comelec, GR 112889. Apr. 18,
conclusive evidence of penetration of the 1995]. 2. One who, having committed or be-
genital organ of the offended party. [People ing accused of having committed a crime in
v. Erinia, GR L-26298. Jan. 20, 1927]. Note: one jurisdiction, cannot be found therein.
The Erinia ruling is later considered by the [Rodriguez v. Comelec, GR 120099. July
Sup. Court as a ‗stray‘ decision inasmuch as 24, 1996].
it has not been reiterated in [its] subsequent
Fulfillment. An action to enforce a written
decisions. Moreover, Art. 335 of the Rev.
contract. [Quirong v. DBP, GR 173441, Dec.
Penal Code, as amended by RA 2632 [dat-
3, 2009].
ed Sep. 12, 1960] and RA 4111 [dated Mar.
29, 1965] which provides, in its penultimate Full. Entire, complete, or possessing all partic-
par., for the penalty of death when the rape ulars, or not wanting in any essential quality.
is attempted or frustrated and a homicide is
committed by reason or on the occasion Full backwages. Labor. Without deducting
thereof. This particular provision on frustrat- from backwages the earnings derived else-
ed rape is also subsequently deemed by the where by the concerned employee during
the period of his illegal dismissal. [Busta-
Sup. Court as a ―dead provision‖. Finally,
RA 7659, amending Art. 335 of the Rev. mante v. NLRC, GR 111651. Nov. 28,
Penal Code, has retained the provision pe- 1996].
nalizing with reclusion perpetua to death an Full blood relationship. That existing bet.
accused who commits homicide by reason persons who have the same father and the
or on the occasion of an attempted or frus- same mother. [Art. 967, CC].
trated rape. ―Until Congress sees it fit to de-
fine the term frustrated rape and thereby Full name. A person‘s Christian or given name
penalize it, the Court will see its continued and his surname or family name.
usage in the statute book as being merely a Full payout lease. A contract involving pay-
persistent lapse in language.‖ [People v. ment over an obligatory period (also called
Quiñanola, GR 126148. May 5, 1999]. primary or basic period) of specified rental
FSP. Foreign service post. amounts for the use of a lessor's property,
sufficient in total to amortize the capital out-
Fuel oil. Heavy distillates or residues from lay of lessor and to provide for the lessor's
crude oil or blends of such materials intend- borrowing costs and profits. [Beltran v. PAIC
ed for use as fuel for the production of heat Finance Corp., GR 83113. May 19, 1992].
or power of a quality equivalent to the See Finance lease.
"Amer. Society for Testing and Materials

416
Full powers or Pleins pouvoirs. Intl. Law. has expired either bec. of the arrival of an
Credentials which the representatives of the expiry date or bec. an agency has accom-
contracting parties are provided with to un- plished the purpose for which it was created.
dertake the discussion of the provisions of a
Fund. A sum of money or other resources set
proposed treaty. [Cruz, Intl. Law Reviewer,
aside for the purpose of carrying out specific
1996 Ed., p. 96].
activities or attaining certain objectives in
Full term. Gestated for the entire duration of accordance with special requisitions, re-
normal pregnancy. strictions, or limitations, and constitutes an
independent fiscal and accounting entity.
Full time. For the entire time appropriate to an
[Sec. 2, Chap. 1 Subtitle B, EO 292].
activity.
Fund Convention, 1992. The 1992 Intl. Con-
Full-term baby. An infant which weighs more
vention on the Establishment of an Intl.
than 2,275 grams even if it is born before
Fund for Compensation for Oil Pollution
the 37th week which is less than 9.3 months.
Damage. [Sec. 3, RA 9483].
[People v. Malapo, GR 123115. Aug. 25,
1998]. Fund manager. The person responsible for
the allocation of the deposited property to
Full-time teacher. One whose total working
the allowable investment outlets and
day is devoted to the school, has no other
selection of income-generating real4 estate.
regular remunerative employment and is
It shall execute investment strategies for the
paid on a regular monthly basis regardless
REIT and oversee and coordinate all of the
of the number of teaching hours. [UST v.
following activities: property acquisition;
NLRC, GR 85519. Feb. 15, 1990].
property management; leasing; operational
Fully developed fishpond. Fully developed and financial reporting (incl. operating
fishpond. A clean, leveled area enclosed budgets); appraisals; audits; market review;
with dikes at least one foot higher than the accounting and reporting procedures, as
highest flood water level in the locality and well as refinancing and asset disposition
strong enough to resist water pressure at plans. [Sec. 3, RA 9856].
the highest flood tide, and consisting at least
Fundamental breach. 1. A failure to perform
of a nursery pond, a transition pond, a rear-
that substantially deprives the other party of
ing pond, or a combination of any or all of
that which he was entitled to expect. 2.
said classes of ponds, and water control
Sometimes known as a repudiatory breach,
system. [Sec. 3, PD 704; Sec. 3, PD 43].
it is a breach so fundamental that it permits
Fully-developed fishpond area. A clean lev- the distressed party to terminate perfor-
eled area enclosed by dikes, at least one mance of the contract, in addition to entitling
foot higher than the highest floodwater level that party to sue for damages.
in the locality and strong enough to resist
Fundamental law. The law determining the
pressure at the highest flood tide; consists
constitution of the govt. of a state; organic
of at least a nursery pond, a transition pond,
law.
a rearing pond or a combination of any or all
said classes of ponds, and a functional wa- Funeral establishment. Any place used in the
ter control system and producing in a com- preparation and care of the body of a de-
mercial scale. [Sec. 4, RA 8550; ]. ceased person for burial. [Sec. 89, PD 856].
Fulminate. A kind of stable explosive com- Funeral. The ceremonies honoring a dead
pound which explodes by percussion. [Sec. person, typically involving burial or crema-
3, PD 1185; Sec. 3, RA 9514]. tion.
Functus officio. Lat. Having performed his Funeral expenses. The money expended in
office. An officer or agency whose mandate procuring the interment, cremation, or other

417
disposition of a corpse, incl. suitable monu- Future inheritance. Succ. Any property or
ment, perpetual care of burial lot and enter- right not in existence or capable of determi-
tainment of those participating in the wake. nation at the time of the contract, that a per-
[Paras, Phil. Conflict of Laws, 8th Ed. (1996), son may in the future acquire by succession.
pp. 316-317, p. 344]. [Blas v. Santos, GR L-14070. Mar. 29,
1961].
Fungible. Able to replace or be replaced by
another identical item. Future person. One who is to be born. It may
be a natural or juridical person.
Fungible goods. 1. Generally the things
whose individuality can be determined by Future property. 1. Anything which the donor
counting, weighing, or measuring. [Tolenti- cannot dispose of at the time of the dona-
no, Civ. Code of the Phils., Vol. II, Repr. tion. [Art. 751, CC]. 2. It includes all property
2001, p. 28]. 2. Goods which are comprised that belongs to others at the time the dona-
of many identical parts and which can be tion is made, although it may or may not lat-
easily replaced by other, identical goods. If er belong to the donor. [Tolentino, Civ. Code
the goods are sold by weight or number, this of the Phils., Vol. II, Repr. 2001, p. 561].
is a good sign that they are fungible. 3.
Futures commission merchant or broker. A
Goods of which any unit is, from its nature
corp. or partnership engaged in soliciting or
by mercantile custom, treated as the equiva-
in accepting orders for the purchase or sale
lent of any other unit. [Sec. 58, Act 2137].
of any commodity for future delivery on or
Fungibles. Goods which are comprised of subject to the rules of any contract market
many identical parts such as a bushel of and that, in connection with such solicitation
grain or a barrel of apples or oil, and which or acceptance of orders, accepts any mon-
can be easily replaced by other, identical ey, securities or property (or extends credit
goods. If the goods are sold by weight or in lieu thereof) to margin, guarantee or se-
number, this is a good sign that they are cure any trade or contract that results or
fungible. may result therefrom. [Onapal Phils. Com-
modities, Inc. v. CA, GR 90707. Feb. 1,
Furiosi nulla voluntas est. Lat. A madman
1993].
has no free will. A Latin expression that
mentally impaired persons cannot validly Futures. The term has grown out of those
sign a will or contract or form the frame of purely speculative transactions in which
mind necessary to commit a crime. there are nominal contracts to sell for future
delivery, but where in fact no delivery is in-
Furnishings. The act or process of supplying
tended or executed. The nominal seller does
furniture or equipment; an article or acces-
not have or expect to have a stock of mer-
sory of dress; an object of fixture that tends
chandise he purports to sell nor does the
to increase comfort or utility. [Ozaeta v. CA,
nominal buyer expect to receive it or to pay
GR 95226. Nov. 18, 1993].
for the price. Instead of that, a percentage or
Further training. That part of vocational train- margin is paid, which is increased or dimin-
ing which follows basic training, usu. within ished as the market rates go up and down,
the framework of a training program or and accounted for to the buyer. This is sim-
scheme, for recognized qualifications. [Sec. ple speculation, gambling or wagering on
1, Rule 1, Book 2, IRR of LC]. prices within a given time; it is not buying
and selling and is illegal as against public
Future debts. Debts the amount of which is
policy. [Onapal Phils. Commodities, Inc. v.
not yet known and until the debt is liquidat- CA, GR 90707. Feb. 1, 1993].
ed, there can be no claim against the guar-
antor. [Art. 2053, CC].

418
Gamble. To play games of chance for money;
-G- to bet.
GAA. See General Appropriations Act. Gambler. A person who wagers money on the
outcome of games or sporting events.
GAAP. See Generally Accepted Accounting
Principles. Gambling. Crim. Law. 1. The felony commit-
ted by: (a) any person who, in any manner
GAD. See Gender and Development.
shall directly, or indirectly take part in any
Gaffer. Also Taga-tari. Tag. A person knowl- game of monte, jueteng or any other form of
edgeable in the art of arming fighting cocks lottery, policy, banking, or percentage game,
with gaff or gaffs on either or both legs. dog races, or any other game of scheme the
[Sec. 4, PD 449]. result of which depends wholly or chiefly
upon chance or hazard; or wherein wagers
Gag. 1. N. A piece of cloth put in or over a consisting of money, articles of value or rep-
person's mouth to prevent them from speak- resentative of value are made; or in the ex-
ing or crying out. 2. V. To put a gag on
ploitation or use of any other mechanical in-
someone. vention or contrivance to determine by
Gag law. A law intended to limit freedom of the chance the loser or winner of money or any
press, as by instituting censorship or object or representative of value; (b) any
restricting access to information. person who shall knowingly permit any form
of gambling referred to in the preceding
Gag order. 1. A court order to gag or bind an number to be carried on in any uninhabited
unruly defendant or remove her or him from or uninhabited place of any building, vessel
the courtroom in order to prevent further in- or other means of transportation owned or
terruptions in a trial. 2. A court order di- controlled by him; (c) the maintainer, con-
rected to attorneys and witnesses not to dis- ductor, or banker in a game of jueteng or
cuss the case with the media such order be- any similar game; or (d) any person who
ing felt necessary to assure the defendant of shall, knowingly and without lawful purpose,
a fair trial. 3. A court order directed to the have in his possession and lottery list, paper
media not to report certain aspects of a or other matter containing letters, figures,
crime or criminal investigation prior to trial. signs or symbols which pertain to or are in
Gag rule. A regulation or directive that prohib- any manner used in the game of jueteng or
its public discussion of a particular matter, in any similar game which has taken place or
particular. about to take place. [Art. 195, RPC]. 2. Play
by certain rules at cards, dice, or other con-
Gahasa. Tag. The word does not refer to force trivance, so that one shall be the loser and
in general but only to force or violence when the other the winner. [US v. Salaveria, GR
applied to a woman for the purpose of satis- 13678. Nov. 12, 1918]. 3. Making a bet or a
fying the lust of the actor. [Campita v. Vil- play for value against an uncertain event in
lanueva, GR L-20228. Nov. 28, 1964]. hope of gaining something of value.
Gainful employment. Employment that gives [PAGCOR v. Phil. Gaming Jurisdiction Inc.,
one an income such that there is an appre- GR 177333, Apr. 24, 2009]. Compare with
ciable margin of his income over his ex- Game of chance.
penses as to be able to provide for an ade- Game. 1. A form of play or sport, esp. a com-
quate support in the event of unemploy- petitive one played acc. to rules and decided
ment, sickness, or disability to work and by skill, strength, or luck. 2. A sport, pas-
thus avoid one's becoming the object of time, or contest. [PAGCOR v. Phil. Gaming
charity or a public charge. [In re: Lim Biak Jurisdiction Inc., GR 177333, Apr. 24, 2009].
Chao v. Rep., GR L-28541, Jan. 14, 1974]. Compare with Amusement.

419
Game of chance. 1. That game which de- Garnishment. 1. The process of notifying a
pends more on chance or hazard than or 3rd person called the garnishee to retain
skill or ability. [Art. 2013, CC]. 2. A game in and attach the property he has in his pos-
which chance rather than skill determines session or under his control belonging to the
the outcome. [PAGCOR v. Phil. Gaming Ju- judgment debtor, to make disclosure to the
risdiction Inc., GR 177333, Apr. 24, 2009]. court concerning the same, and to dispose
Compare with Gambling. of the same as the court shall direct to satis-
fy the judgment. [Bench Book for Trial Court
Game of skill. A game where the outcome is
Judges, p. 2-59]. 2. A species of attachment
determined mainly by mental or physical
for reaching any property or credits pertain-
skill, rather than by chance. A game of skill
ing or payable to a judgment debtor. In legal
generally has an element of chance, but skill
contemplation, it is a forced novation by the
plays a greater role in determining the out-
substitution of creditors; the judgment debt-
come.
or, who is the orig. creditor of the garnishee
Game refuge. Safe place for wildlife. is, through service of the writ of garnish-
ment, substituted by the judgment creditor
Game refuge or Bird sanctuary. A forest land who thereby becomes creditor of the gar-
designated for the protection of game ani-
nishee. Garnishment has also been de-
mals, birds and fish and closed to hunting scribed as a warning to a person having in
and fishing in order that the excess popula- his possession property or credits of the
tion may flow and restock surrounding are- judgment debtor, not to pay the money or
as. [Sec. 3, PD 705]. deliver the property to the latter, but rather
Game-fixing. Any arrangement, combination, to appear and answer the plaintiff's suit.
scheme or agreement by which the result of [Perla Compania De Seguros v. Ramolete,
any game, races or sports contests shall be GR L-60887. Nov. 13, 1991]. Compare with
predicted and/or known other than on the Levy.
basis of the honest playing skill or ability of Garnishment, Writ of. An order granted to a
the players or participants. [Sec. 1, PD 483]. 3rd party [garnishee] to hold or attach the
Game-machinations. Any other fraudulent, property of a defendant or judgment credi-
deceitful, unfair or dishonest means, meth- tor. See Writ of garnishment.
od, manner or practice employed for the
GAS. See General Administration and Sup-
purpose of influencing the result of any port.
game, races or sport contest. [Sec. 1, PD
483]. Gasera. Tag. Kerosene lamp. [People v. Inda-
ya, GR 90296. Apr. 25, 1991].
Gana. Tag. With the stress on the 1st syllable,
earning or wage or salary. Gasoline. Volatile mixture of liquid hydrocar-
bon, generally containing small amounts of
Ganancias frustradas. Sp. Unrealized profits. additives suitable for use as fuel in spark-
[Talisay-Silay Milling Co., Inc. v. Asociacion ignition internal combustion engines with
De Agricultores De Talisay-Silay, Inc., GR
quality specifications in accordance with the
91852 Aug. 15, 1995]. PNS. [Sec. 3, RA 9367].
Garnish. 1. To serve with notice of proceed- Gastric. Of the stomach.
ings; to warn. 2. To attach a debt.
Gastric ulcer. See Stomach ulcer.
Garnishee. A 3rd party who is served notice
by a court to surrender money in settlement Gastro-duodenitis. A disease involving both
of a debt or claim. the stomach and the duodenum; that the
head of the pancreas is cradled next to the
duodenum just past the stomach and a tu-

420
mor mass in this organ may be detected by to transform society's social, economic, and
seeing its pressure effect on the abdomen; political structures and questions the validity
that radiologic procedure may show the en- of the gender roles they ascribed to women
croachment of the pancreatic lesion on other and men; contends that women are active
organs; and changes in the configuration of agents of development and not just passive
the abdominal loop of the stomach rarely recipients of development assistance; and
appear early but are merely signs of ad- stresses the need of women to organize
vanced disease. [Sealanes Marine Services, themselves and participate in political pro-
Inc. v. NLRC, GR 84812. Oct. 5, 1990]. cesses to strengthen their legal rights. [Sec.
4, RA 9710].
Gavel. A wooden mallet used by a judge to
bring proceedings to a start or to an end or Gender equality. 1. The principle of equality
to command attention in his court. bet. women and men and equal rights to en-
joy conditions in realizing their full human
Gawad Pambansang Alagad ng Sining. See
potentials to contribute to, and benefit from,
National Artist Award.
the results of development, with the State
GCE. Govt. Corporate Entities. [RA 10149]. recognizing that all human beings are free
and equal in dignity and rights. It entails
GCG. See Governance Commission for
equality in opportunities, in the allocation of
Government-Owned or -Controlled Cor- resources or benefits, or in access to ser-
porations. vices in furtherance of the rights to health
GCTA. See Good conduct time allowance. and sustainable human development among
others, without discrimination. [Sec. 4, RA
GDI. Goods, documents or instruments. 10354]. 2. The principle asserting the equali-
GDP. See Gross Domestic Product . ty of men and women and their right to enjoy
equal conditions realizing their full human
Gemstone. A precious or semiprecious stone, potentials to contribute to and benefit from
esp. one cut, polished, and used in a piece the results of development, and with the
of jewelry. State recognizing that all human beings are
Gemstone gathering permit. The non- free and equal in dignity and rights. [Sec. 4,
exclusive permit granted by the provincial RA 9710].
governor to any qualified person to gather Gender equity. 1. The policies, instruments,
loose stones useful as gemstones in rivers programs and actions that address the dis-
and other locations. [Sec. 52, RA 7942]. advantaged position of women in society by
GenCos. Privatized generating companies providing preferential treatment and affirma-
[generators] in the electric power business. tive action. It entails fairness and justice in
[Sec. 1.2, IRR, EO 354 dated 5 July 1996]. the distribution of benefits and responsibili-
ties bet. women and men, and often re-
Gender. The condition of being female or quires women-specific projects and pro-
male; sex. grams to end existing inequalities. This con-
Gender and Development (GAD). The devel- cept recognizes that while reproductive
opment perspective and process that are health involves women and men, it is more
participatory and empowering, equitable, critical for women‘s health. [Sec. 4, RA
sustainable, free from violence, respectful of 10354]. 2. The policies, instruments, pro-
human rights, supportive of self- grams, services, and actions that address
determination and actualization of human the disadvantaged position of women in so-
potentials. It seeks to achieve gender ciety by providing preferential treatment and
equality as a fundamental value that should affirmative action. Such temporary special
be reflected in development choices; seeks measures aimed at accelerating de facto
equality bet. men and women shall not be

421
considered discriminatory but shall in no General agent. A ship agent appointed by the
way entail as a consequence the mainte- ship owner or carrier in the liner service for
nance of unequal or separate standards. all voyages and covered by a General
These measures shall be discontinued when Agency Agreement whereby the agent as-
the objectives of equality of opportunity and sumes the role and responsibility of its prin-
treatment have been achieved. [Sec. 4, RA cipal within the Phil. territory incl. but not lim-
9710]. ited to solicitation of cargo and freight, pay-
ment of discharging or loading expenses,
Gender mainstreaming. The strategy for
collection of shipping charges and issuing or
making women's as well as men's concerns
releasing bills of lading and cargo manifest.
and experiences an integral dimension of
[Sec. 1, RA 9515].
the design, implementation, monitoring, and
evaluation of policies and programs in all General Agreement on Tariffs and Trade
political, economic, and societal spheres so (GATT). A multilateral intl. treaty first creat-
that women and men benefit equally and in- ed in 1947 and frequently amended (most
equality is not perpetuated. It is the process recently in 1994) to which 125 countries
of assessing the implications for women and subscribe. GATT provides for fair trade rules
men of any planned action, incl. legislation, and the gradual reduction of tariffs, duties
policies, or programs in all areas and at all and other trade barriers. The 1994 amend-
levels. [Sec. 4, RA 9710; Sec. 3, RA 9729]. ment created a World Trade Org., which
oversees the implementation of the GATT.
Gender sensitivity. Cognizance of the ine-
qualities and inequalities prevalent in society General appropriations. An authorization for
bet. women and men and a commitment to incurring obligations during a specified
address issues with concern for the respec- budget year. This pertains to the annual ap-
tive interest of the sexes. [Sec. 2, IRR, RA propriations under the GAA.
8042].
General Appropriations Act (GAA). The law
General acceptance. Nego. Inst. An ac- authorizing the appropriation of funds out of
ceptance to pay at a particular place, unless any funds in the Natl. Treasury of the Phils.
it expressly states that the bill is to be paid not otherwise appropriated, for the operation
there only and not elsewhere. [Sec. 140, of the govt. of the Rep. of the Phils. from
NIL]. Compare with Qualified acceptance. Jan. 1 to Dec. 31 of the fiscal year for which
it is enacted.
General act. Intl. Law. The document contain-
ing a summary of the proceedings of a con- General appropriations bill. A bill [filed] on
ference, which assumes the character of a the basis of a budget of expenditures and
treaty by declaring that the treaties and con- sources of financing, incl. receipts from ex-
ventions which are annexed to it have the isting and proposed revenue measures
same force as if they are textually included. submitted to the Congress by the Pres. with-
[Coquia and Santiago, Intl. Law, 3rd Ed. in 30 days from the opening of the regular
(1998), p. 493]. See Act or Final act. session. [Sec. 22, Art. VII, 1987 Consti.].
Compare with Special appropriations bill.
General Administration and Support (GAS).
It consists of activities and expenditure deal- General Assembly. Coop. Law. The full
ing with the provision of overall administra- membership of the coop. duly assembled for
tive management and operational support to the purpose of exercising all the rights and
the entire agency operations. performing all the obligations pertaining to
coops., as provided by the Coop. Code, its
General agency. An agency that comprises all
articles of cooperation and bylaws: Provid-
the business of the principal. [Art. 1876,
ed, That for coops. with numerous and dis-
CC]. Compare with Special agency.
persed membership, the general assembly

422
may be composed of delegates elected by the cargo. Both claims may also be asserted
each sector, chapter or district of the coop. by an action in personam.
in accordance with the rules and regulations
General average expenditure. Mar. Ins. An
of the CDA. [Sec. 1, RA 9520].
extraordinary expenditure incurred by the
General Assembly or UN General Assem- shipowner intentionally and reasonably to
bly. 1. The principal deliberative body of the preserve from peril the property involved in
UN. 2. The central organ of the UN and is a common maritime adventure [e.g. port of
vested with jurisdiction over matters con- refuge expenses, salvage remuneration,
cerning its internal machinery and opera- etc.].
tions. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
General average loss. Mar. Ins. A loss
24].
caused by or directly consequential on a
General average. Mar. Ins. 1. A contribution general average act. It includes a general
by the several interests engaged in the mari- average expenditure as well as a general
time venture to make good the loss of one of average sacrifice.
them for the voluntary sacrifice of a part of
General average sacrifice Mar. Ins. An ex-
the ship or cargo to save the residue of the
traordinary sacrifice intentionally and rea-
property and the lives of those on board, or
sonably made to preserve from peril the
for extraordinary expenses necessarily in-
property involved in a common maritime ad-
curred for the common benefit and safety of
venture [e.g. jettison of cargo, cutting away
all. [Amer. Home Assurance v. CA, GR
the mast or anchor].
94149. May 5, 1992]. 2. A principle of law
whereby, when it is decided by the master of General aviation operation. An aircraft op-
a vessel, acting for all the interest con- eration of a civil aircraft for other than a
cerned to sacrifice a part of a venture ex- commercial air transport operation or aerial
posed to a common and imminent peril in work operation. [Sec. 3, RA 9497].
order to save the rest, the interests so saved
are compelled to contribute ratably or pro- General bond. A combination of bidder's bond
portionately to the owner of the interest sac- and a performance bond which may be in
rificed, so that the cost of the sacrifice shall cash, certified or cashier's check. [IRR on
fall equally upon all. [De Leon, The Law on Supply & Prop. Mgt., per Sec. 383, LGC].
Ins., 2003]. Compare with Particular aver- General Bonded Warehouse. A duty-free
age. storage facility of imported cargoes - either
General average. Mar. Ins.; Requisites: (a) finished, semifinished, or raw material - until
the duty upon them has been paid.
Common danger present; (b) deliberate sac-
rifice of part of the vessel or cargo; (c) suc- General Bonded Warehouse Law. Act 3893,
cessful saving of vessel and/or cargo; and as amended by RA 247, which regulates
(d) proper procedure and legal steps. and supervises warehouses which put up a
General average contribution. Mar. Ins. The bond. [Miravite, Bar Review Materials in
Comm. Law, 12th Ed., (2002), p. 26].
monetary contribution required of shipown-
ers and cargo owners [or their respective in- General building contractor. A person whose
surers] in respect of general average ex- principal contracting business is in connec-
penditures and general average sacrifices. tion with any structure built, being built, or to
Cargo's claim for general average contribu- be built, for the support, shelter and enclo-
tions against the ship is secured by either a sure of persons, animals, chattels or mova-
maritime lien or a statutory right in rem, de- ble property of any kind, requiring in its con-
pending on the jurisdiction concerned. The struction the use of more than 2 unrelated
shipowner's claim for general average con- building trades or crafts, or to do or superin-
tribution is secured by a possessory lien on tend the whole or any part thereof. Such

423
structure includes sewers and sewerage incl. the following divisions or subjects: irri-
disposal plants and systems, parks, play- gation, drainage, water power, water supply,
grounds and other recreational works, refin- flood control, inland waterways, harbors,
eries, chemical plants, and similar industrial docks and wharves, shipyards and ports,
plants requiring specialized engineering dams, hydroelectric projects, levees, river
knowledge and skill, powerhouse, power control and reclamation works, railroads,
plants and other utility plants and installa- highways, streets and roads, tunnels, air-
tions mines and metallurgical plants, cement ports and airways, waste reduction plants,
and concrete works in connection with the bridges, overpasses, underpasses and other
abovementioned fixed works. [Sec. 9, RA similar works, pipelines and other system for
4566]. the transmission of petroleum and other liq-
uid or gaseous substances, land leveling
General counsel. The senior lawyer of a
and earth moving projects, excavating, grad-
corp.. This is normally a full-time employee
ing, trenching, paving and surfacing work.
of the corp. although some corps. contract
[Sec. 9, RA 4566].
this position out to a lawyer with a private
firm. General fee. A fee paid to a lawyer to insure
and secure his future services for a particu-
General crossed check. A check on which
lar case or work, and to remunerate him for
are placed 2 parallel lines diagonally on the
being deprived, by being retained by one
left top portion of the check and bet. such
party, of the opportunity of rendering ser-
lines are written the words "and Co." or
vices to the other party.
none at all as in the case at bar, in which
case the drawee should not encash the General fund. Fund which is available for any
same but merely accept the same for de- purpose to which the legislative body may
posit. [State Investment House v. IAC, GR choose to apply, and is composed of all re-
72764. July 13, 1989]. Compare with Spe- ceipts or revenues which are not otherwise
cial crossed check. accruing to other funds.
General crossing. Crossing of the check General indorser. 1. A regular party to the
where the words written bet. the 2 parallel instrument like a maker, drawer or acceptor
lines are "and Co." or "for payee's account and who signs upon delivery of the instru-
only," as in the case at bar. This means that ment. While an irregular indorser signs for
the drawee bank should not encash the accommodation, a general indorser signs for
check but merely accept it for deposit. [As- valuable consideration. [Sec. 64(2), NIL;
sociated Bank v. CA, GR 89802. May 7, 2005 Bar Exam.]. 2. A person placing his
1992]. Compare with Special crossing. signature upon an instrument otherwise than
as maker, drawer or acceptor. [Tiong v.
General denial. One which puts in issue all
Ting, GR L-26767. Feb. 22, 1968].
the material averments of the complaint or
petition, and permits the defendants to General jurisdiction. It refers to courts that
prove any and all facts which tend to nega- have no limit on the types of criminal and
tive those averments or some one or all of civil cases they may hear.
them. [Loyola v. HRET, GR 109026. Jan. 4,
General ledger. A record of a business enti-
1994]. Compare with Specific denial.
ty‘s accounts which make up its financial
General elections. The regular local and natl. statements. [Kepco Phils. Corp v. CIR, GR
elections. 179356. Dec. 14, 2009].
General engineering contractor. A person General life policy. A whole life insurance
whose principal contracting business is in policy in which premiums are paid by the in-
connection with fixed works requiring spe- sured as long as he is alive. Also called Or-
cialized engineering knowledge and skill, dinary life policy.

424
General objection. An objection that the con- ment of the general population. [De Guzman
tested exhibits are inadmissible for having v. CA, GR L-47822. Dec. 22, 1988].
been admitted when the purpose for which
General register. The general register of mar-
they are being offered are not stated.
riages, divorces, revocation of divorces,
General or Special Orders. Acts and com- conversion and such other deeds or instru-
mands of the Pres. in his capacity as Com- ments kept by the Registrar under the Code
mander-in-Chief of the Armed Forces of the of Muslim Personal Laws of the Phils. [Art.
Phils. shall be issued as general or special 7, PD 1083].
orders. [Sec. 7, Admin. Code of 1987].
General Register (G.R.) Number. A docket
General partner. A partner who is liable to the number assigned to an initiatory pleading
extent of his separate property after all the properly filed [before the Sup. Court] which
assets of the partnership are exhausted. shall identify the case for record purposes
[Diaz, Bus. Law Rev., 1991 Ed., p. 189]. until its termination under the Rules of
Compare with Limited partner. Court. [The Internal Rules of the Sup. Court,
AM 10-4-20-SC, May 4, 2010].
General partnership. A partnership where all
the parties are general partners who are lia- General repealing provision. A clause which
ble even to the extent of their individual predicates the intended repeal under the
properties, after the exhaustion of the part- condition that a substantial conflict must be
nership assets. [Suarez, Intro. to Law, 1995 found in existing and prior acts. [Mecano v.
3rd Ed., p. 119]. Compare with Limited COA, GR 103982. Dec. 11, 1992].
partnership.
General retainer. A fee paid to a lawyer to
General practice. Dealing in many or numer- secure beforehand his services as general
ous areas of the law. counsel for any ordinary legal problem that
may otherwise arise in the ordinary business
General principles of law. Legal doctrine that
of the client.
allows intl. tribunals to adopt and apply prin-
ciples common to the various systems of General statute. One which embraces a class
domestic law, so long as they are consistent of subjects or places and does not omit any
with the nature of the intl. community and subject or place naturally belonging to such
are not in conflict with the law established by class. [Vinzons-Chato v. Fortune Tobacco
intl. conventions or intl. customary law. One Corp., GR 141309, June 19, 2007]. Com-
of the sources of intl. law listed in Art. 38 (1) pare with Special statute.
(c) of the Statute of the ICJ. Their use is
General unsecured creditor. A creditor
controversial and they have rarely influ-
whose claim or a portion thereof its neither
enced the decisions of any intl. tribunal.
secured, preferred nor subordinated under
General professional partnership. A part- RA 10142. [Sec. 4, RA 10142].
nerships formed by persons for the sole
General viewing. Making motion pictures
purpose of exercising their common profes-
available to general public for its viewing
sion, no part of the income of which is de-
through convenient film packs or similar ma-
rived from engaging in any trade or busi-
terials sold, leased, or lent in commercial
ness. [Sec. 131, RA 7160].
outlets, public lending clubs, and similar
General proxy. A general discretionary power orgs. [Sec. 10, PD 1986].
to attend and vote at the annual meeting of
General warrant. One of a class of writs long
a corp. Compare with Limited proxy.
proscribed as unconstitutional and once
General public. The general community or anathematized as totally subversive of the
population, and one who offers services or liberty of the subject. Clearly violative of the
solicits business only from a narrow seg- constitutional injunction that warrants of ar-

425
rest should particularly describe the person statements. GAAP are a combination of au-
or persons to be seized, the warrant must, thoritative standards [set by policy boards]
as regards its unidentified subjects, be void- and simply the commonly accepted ways of
ed. [Pangandaman v. Casar, GR L-71782. recording and reporting accounting infor-
Apr. 14, 1988]. mation.
General welfare clause. 1. Sec. 16 of RA Generation company. Any person or entity
7160 or the Local Govt. Code of 1991. 2. A authorized by the Energy Regulatory Com-
delegation in statutory form of the police mission (ERC) to operate facilities used in
power, under which municipal corps. are au- the generation of electricity. [Sec. 4, RA
thorized to enact ordinances to provide for 9136].
the health and safety, and promote the mo-
Generation facility. A facility for the produc-
rality, peace and general welfare of its in-
tion of electricity and/or thermal energy such
habitants. [Physical Therapy Org. of the
as, but not limited to, steam, hot or cold wa-
Phil. v. Mun. Board of the City of Manila, GR
ter. [Sec. 4, RA 9513].
L-10448. Aug. 30, 1957].
Generation of electricity. The production of
Generale dictum generaliter est interpre-
electricity by a generation company or a co-
tandum. Lat. A general expression is to be
generation facility pursuant to the provisions
construed generally.
of RA 9136. [Sec. 4, RA 9136].
Generalia specialibus non derogant. Lat.
Generic. 1. Adj. Characteristic of or relating to
The general does not detract from the spe-
a class or group; not specific. 2. N. A prod-
cific. A special law is not regarded as having
uct having no brand name or registered
been amended or repealed by a general law
trademark.
unless the intent to repeal or alter is mani-
fest. [Manila Railroad Co. v. Rafferty, 40 Phil Generic aggravating circumstances. Those
224 (1919)]. that generally apply to all crimes such as
those mentioned in Art. 14, par. 1, 2, 3, 4, 5,
Generalia verba sunt generaliter intelligen-
6, 9, 10, 14, 18, 19 and 20, of the Rev. Pe-
da. Lat. General words are understood in a
nal Code. It has the effect of increasing the
general sense. It should be understood to
penalty for the crime to its maximum period,
have a general and inclusive scope, inas-
but it cannot increase the same to the next
much as the term is a general one. [Diaz v.
higher degree. It must always be alleged
IAC, GR 66574. Feb. 21, 1990].
and charged in the information, and must be
Generalibus specialia derogant. Lat. Special proven during the trial in order to be appre-
words derogate from the meaning of general ciated. Moreover, it can be offset by an ordi-
ones. General terms do not restrict or modi- nary mitigating circumstance. [Palaganas v.
fy special provisions. [Bernas v. CA, GR People, GR 165483, Sep. 12, 2006]. Com-
85041. Aug. 5, 1993]. pare with Special aggravating circum-
stances.
Generality. A characteristic of criminal law
where the law is deemed binding upon all Generic drugs. Drugs not covered by patent
persons who reside or sojourn in the Phils., protection and which are labeled solely by
irrespective of age, sex, color, creed, or per- their intl. non-proprietary or generic name.
sonal circumstances. [Gregorio, Fund. of [Sec. 3, RA 6675].
Generic mitigating circumstance. A circum-
Generally Accepted Accounting Principles stance the attendance of which, unless off-
(GAAP). The common set of accounting set by an aggravating circumstance, will
principles, standards and procedures that lower the imposable penalty only to its min-
companies use to compile their financial imum. The presence of 2 or more generic

426
mitigating circumstances, provided there is GMOs, are organisms which have inserted
no aggravating circumstance, will lower the DNA that originated in a different species.
imposable penalty by one degree, pursuant Also Genetically engineered organism
to Rule 5, Art. 64 of the Rev. Penal Code. (GEO).
Also called Ordinary mitigating circum-
Genetics. 1. The study of heredity and the
stance.
variation of inherited characteristics. 2. The
Generic name. Also Generic terminology. genetic properties or features of an organ-
The identification of drugs and medicines by ism, characteristic, etc.
their scientifically and internationally recog-
Genocide. Intl. Law. 1. Any of the following
nized active ingredients or by their official
acts with intent to destroy, in whole or in
generic name as determined by the Bu. of
part, a natl., ethnic, racial, religious, social or
Food and Drugs (BFAD) of the DOH. [Art. 4,
any other similar stable and permanent
RA 7394; Sec. 3, RA 6675].
group as such: (a) Killing members of the
Generic or indeterminate thing. A thing group; (b) Causing serious bodily or mental
which refers only to a class or genus and harm to members of the group; (c)
cannot be identified with particularity. [Diaz, Deliberately inflicting on the group
Bus. Law Rev., 1991 Ed., p. 3]. conditions of life calculated to bring about its
physical destruction in whole or in part; (d)
Generics Act of 1988. RA 6675 entitled ―An
Imposing measures intended to prevent
Act to promote, require and ensure the pro-
births within the group; and (e) Forcibly
duction of an adequate supply, distribution,
transferring children of the group to another
use and acceptance of drugs and medicines
group. [Sec. 5, RA 9851]. 2. The intentional
identified by their generic names‖ enacted
annihilation of a natl., ethnical, racial, or
on Sep. 13, 1988.
religious group.
Genetic. 1. Of or relating to genes or heredity.
Genossenschaft. Ger. Cooperative.
2. Of or relating to genetics.
Genossenschaft theory. A theory in the for-
Genetic materials. Livestock breed, crop
mation of a corp. which treats a corp. as ―the
varieties, and fishery species. [Sec. 2, PD
reality of the group as a social and legal en-
2032].
tity, independent of State recognition and
Genetic testing. Analysis of inherited factors concession‖. [Tayag v. Benguet Consolidat-
[usu. by blood or tissue test] of mother, ed, Inc., GR L-23276, Nov 29, 1968].
child, and alleged father which can help to
Gentlemen’s agreement. Intl. Law. A tempo-
prove or disprove that a particular man fa-
rary agreement on the conduct or course of
thered a particular child.
action to be followed and arrived at through
Genetically engineered organism (GEO). an exchange of diplomatic correspondence.
See Genetically modified organism [Coquia and Santiago, Intl. Law, 3rd Ed.
(GMO). (1998), p. 494].
Genetically modified organism (GMO). An Genuine. Also Authentic. The document
organism whose genetic material has been speaks the truth; that it is what it purports to
altered using genetic engineering tech- be - a faithful statement or record of the
niques. These techniques, generally known truth. Trustworthy or not false. [Lucman v.
as recombinant DNA technology, use DNA Dimapuro, GR L-31558. May 29, 1970].
molecules from different sources, which are
Genuine issue. Evid. 1. Such issue of fact
combined into one molecule to create a new
which requires the presentation of evidence
set of genes. This DNA is then transferred
as distinguished from a sham, fictitious, con-
into an organism, giving it modified or novel
trived or false claim. [Nocom v. Cameri-
genes. Transgenic organisms, a subset of

427
no, GR 182984, 10 Feb. 2009]. 2. An issue Geodetic engineering, Practice of. A profes-
of fact which calls for the presentation of ev- sional and organized act of gathering physi-
idence as distinguished from an issue which cal data on the surface of the earth with the
is sham, fictitious, contrived, set up in bad use of precision instruments. It is also the
faith and patently unsubstantial so as not to scientific and methodical processing of the-
constitute a genuine issue for trial. The court se data and presenting them on graphs,
can determine this on the basis of the plead- plans, maps, charts or documents. [Sec. 2,
ings, admissions, documents, affidavits RA 8560].
and/or counter affidavits submitted by the
Geographic information system (GIS). 1. A
parties to the Court. [Paz v. CA, GR 85332.
database which contains, among others,
Jan. 11, 1990].
geo-hazard assessments, information on
Genuine link. A state must have a real and climate change, and climate risk reduction
bona fide relationship with a person before it and management. [Sec. 3, RA 10121]. 2. An
may sponsor that person's suit in an intl. tri- integrated system of hardware, software,
bunal. personnel and procedures for the capture,
storage, analysis, manipulation and display
Genuine or Authentic. Fully trustworthy and
of geographically-referenced spatial data.
in accordance with fact or actuality. [Lucman
[Sec. 4, DENR AO 2008-24].
v. Dimapuro, GR L-31558. May 29, 1970].
Geographical indication (GI). An indication
Genuine or authentic document. A docu-
which identifies a good as originating in the
ment that it is fully trustworthy and is in ac-
territory, where a given quality, reputation or
cordance with fact or actuality [Lucman v.
other characteristic of the good is essentially
Dimapuro, GR L-31558. May 29, 1970].
attributable to its geographical origin. [Art.
Genuineness. The fact that the document is 22, TRIPS Agreement].
not spurious, counterfeit, or of different im-
Geological sciences. That group of disci-
port on its face from the one executed by
plines in the natural sciences dealing with
the party, or that the party whose signature
the earth, its composition, physics, structure
it bears has signed it and that at the time it
and evolution. It shall include, among oth-
was signed, it was in words and figures ex-
ers, the following disciplines: Geochemistry;
actly as set out in the pleadings. See Due
Petrology; Mineralogy; Geophysics; Geody-
execution.
namics; Structural Geology; Tectonics; Ge-
Genuineness and due execution. The omorphology; Volcanology; Seismology;
phrase means nothing more than that the Stratigraphy, Paleontology; Historical Geol-
instrument is not spurious, counterfeit, or of ogy; Economic Geology; and such interdis-
different import on its face from the one ex- ciplinary subjects as Marine Geology, Hy-
ecuted. [Bough v. Cantiveros, GR 13300. drogeology, Engineering Geology, Petrole-
Sep. 29, 1919]. um Geology, Environmental Geology, Min-
eral Economics, Mining Geology, Geomath-
Genus nunquam peruit. Lat. The genus nev-
ematics, Geostatistics, Geobarometry, Geo-
er perishes. Generic things do not perish. chronology, Nuclear Geology, Geother-
GEO. Genetically engineered organism. mometry, Astrogeology, Remote Sensing in
Geology and others. [Sec. 2, EO 625
Geodetic engineer. A natural person who has (1980)].
been issued a Certificate of Registration by
the Board of Geodetic Engineering and has Geology. The science that deals with the
taken the Oath of Profession of Geodetic earth's physical structure and substance, its
Engineers. [Sec. 2, RA 8560]. history, and the processes that act on it.

428
Geology, Practice of. The offering or render- Geriatrics. 1. Geriatrics. The branch of medi-
ing of services of any of the specialized cal science devoted to the study of the bio-
branches of geology for a fee, reward or logical and physical changes and the dis-
compensation, paid to him/her or through eases of old age. [Sec. 3. RA 9994; Sec. 2,
another person or persons, or even without RA 9257].
such reward or compensation. [Sec. 4, RA
Gerontology. The scientific study of the bio-
10166].
logical, psychological, and sociological phe-
Geomancy. Divination by lines and figures nomena associated with old age and ageing
drawn on the ground. and in determining answers about the nor-
mal aging process rather than the diseases
Geothermal. Of, relating to, or produced by
of old age. It is also the scientific study of
the internal heat of the earth.
the processes of aging from many disci-
Geothermal energy. 1. Energy, as a mineral plines, incl. social work, anthropology, biolo-
resource, produced through: (a) natural re- gy, history, sociology, psychology, and de-
charge, where the water is replenished by mography. [Art. 5, IRR of RA 9994].
rainfall and the heat is continuously pro-
Gerontophilia. Legal Med. Sexual desire with
duced inside the earth; and/or (b) enhanced
older persons. [Olarte, Legal Med., 1st Ed.
recharge, where hot water used in the geo-
(2004), p. 114].
thermal process is re-injected into the
ground to produce more steam as well as to Gerontosexuality. The distinct preference for
provide additional recharge to the convec- sexual relationships primarily or exclusively
tion system. [Sec. 4, RA 9513]. 2. Energy with an elderly partner.
derived or derivable from and produced
Gerrymander. Pol. Law. To divide a geo-
within the earth by natural heat phenome-
graphic area into voting districts so as to
non: and includes all steam, and water va-
give unfair advantage to one party in elec-
por, and every mixture of all or any of them
tions.
that has been heated by natural under-
ground energy, and every kind of matter de- Gerrymandering. Pol. Law. 1. A term em-
rived from a bore and for the time being with ployed to describe an apportionment of rep-
or in any such stead, water, water vapor, or resentative districts so contrived as to give
mixture. [Sec. 2, RA 5092]. an unfair advantage to the party in power.
[Ceniza v. Comelec, GR L-52304, Jan. 28,
Geothermal energy systems. Machines or
1980]. 2. The practice of creating a legisla-
other equipment that converts geothermal
tive district composed only of towns or lo-
energy into useful power. [Sec. 4, RA 9513].
calities where a preferred is expected to win,
Geothermal resources. Mineral resources, and excl. from said district those towns and
classified as renewable energy resource, in municipalities where a preferred candidate
the form of: (i) all products of geothermal is not expected to win. [Suarez, Pol. Law
processes, embracing indigenous steam, Reviewer, 1st Ed., 2002, p. 313].
hot water, and hot brines; (ii) steam and
Gestation. 1. The period of development of
other gases, hot water, and hot brines re-
the young in viviparous animals, from the
sulting from water, gas, or other fluids artifi-
time of fertilization of the ovum until birth.
cially introduced into geothermal formations;
[People v. Pamor, GR 108599. Oct. 7,
(iii) heat or associated energy found in geo-
1994]. 2. The length of gestation in humans
thermal formations; and (iv) any by-product
is thought to average 266 days from con-
derived from them. [Sec. 4, RA 9513].
ception, or 280 days (9 calendar months)
G-EPS. The Govt. Electronic Procurement from the 1st day of the last menstrual peri-
System as provided in Sec. 8 of RA 9184. od. [People v. Pamor, GR 108599. Oct. 7,
[Sec. 5, RA 9184]. 1994].

429
Gestor. Voluntary manager. [US v. Lim, GR er. [Ramos v. CA, GR 42108. Dec. 29,
11841. Mar. 31, 1917]. See Negotiorum 1989].
gestor.
Given name. Also Proper name. That which
GFI. See Government Financial Institution. is given to the individual at birth or at bap-
tism, to distinguish him from other individu-
GHG . See Greenhouse gases.
als. It may be freely selected by the parents
Ghost employees. Employees whose names for the child. [Rep. v. Hernandez, GR
are listed in the payroll as receiving salaries 117209. Feb. 9, 1996]. Compare with Sur-
but who do not exist or no longer work for name or family name.
the organisation. Their personal emolu-
Giving aid or comfort to the enemy. An act
ments and other benefits may be captured
which strengthens or tends to strengthen the
by corrupt 3rd parties.
enemy of the govt. in the conduct of war
GI. See Geographical indication. against the govt., or an act which weakens
or tends to weaken the power of the govt. or
GICP. Govt. Instrumentalities with Corporate
the country to resist or to attack the enemies
Powers. [RA 10149]. of the govt. or of the country. [Gregorio,
Gift. A thing or a right to dispose of gratuitous- Fund. of Crim. Law Rev., 1997 9th Ed., p.
ly, or any act or liberality, in favor of another 33].
who accepts it, and shall include a simulated Giving assistance to suicide. Crim. Law. The
sale or an ostensibly onerous disposition felony committed by any person who shall
thereof. It shall not include an unsolicited gift assist another to commit suicide or shall
of nominal or insignificant value not given in lend his assistance to another to the extent
anticipation of, or in exchange for, a favor
of doing the killing himself. [Art. 253, RPC].
from a public official or employee. [Sec. 3,
RA 6713]. Giving away. A disposition other than a sale.
It is, therefore, an act short of a sale which
Gift "propter nuptias." A gift bestowed in
involves no consideration. [People v. Lacer-
1880, when the Civ. Code was not yet in na, GR 109250. Sep. 5, 1997].
force, is understood to have been made un-
der the provisions of law 9, title 4, of the 5th Glaucoma. A disease characterized by in-
Partida, which did not require the form of a creased tension or pressure within the eye
public instrument except when the gift ex- and progressive loss of visual field. Intraocu-
ceeded 500 maravedises in gold, to which lar pressure increases when the patient ex-
P200, the value of land donated, nowhere erts energy, as in running, reading, climbing
near amounts. [Tiamson v. Tiamson, GR stairs, bending over to pick up an object. It
9692. Oct. 21, 1915]. also occurs in relation to emotional upsets.
Gift enterprise. It is commonly applied to a Global budget. An approach to the purchase
sporting artifice under which goods are sold of medical services by which health care
for their market value, but by way of in- provider negotiations concerning the costs
ducement each purchaser is given a chance of providing a specific package of medical
to win a prize [Caltex (Phils.) INC. v. Palo- benefits is based solely on a predetermined
mar, GR L-19650. Sep. 29, 1966]. and fixed budget. [Sec. 1, RA 9241].
Gimmick. In contemporary lingo, a ploy, a trick Global competitiveness. The ability to com-
or a racket. pete in terms of price, quality and volume of
agriculture and fishery products relative to
GIS. See Geographic information system.
those of other countries. [Sec. 4, RA 8435].
Give approval. To confirm, ratify, sanction or Global Maritime Distress and Safety Sys-
consent to some act or thing done by anoth- tem (GMDSS). An internationally agreed-

430
upon set of safety procedures, types of More Responsive to the Needs of Public In-
equipment, and communication protocols terest and for Other Purposes‖ enacted on
used to increase safety and make it easier June 6, 2011].
to rescue distressed ships, boats and air-
Gold refining. The smelting bars, bullion and
craft.
treatment of chemical reagents, electro re-
Global mobile personal communications by fining, to remove other metal contents leav-
satellite. A satellite system providing tele- ing gold alone. [Sec. 2, RA 4095].
communications services directly to end-
Good conduct time allowance (GCTA). The
users anywhere in the globe from a constel-
deductions from the period of sentence to
lation of satellites. [Sec.3, EO 467, s. 1998].
which any prisoner in any penal institution of
Global tax model. Imposes uniform [usu. good conduct shall be entitled, viz: (a) dur-
Progressive] taxes on all types of income. ing the 1st 2 years of his imprisonment, he
shall be allowed a deduction of 5 days for
Global warming. The increase in the average
each month of good behavior; (b) during the
temperature of the Earth‘s near-surface air
3rd to the 5th year, inclusive, of his impris-
and oceans that is associated with the in-
onment, he shall be allowed a deduction of
creased concentration of greenhouse gases
8 days for each month of good behavior; (c)
in the atmosphere. [Sec. 3, RA 9729].
during the following years until the tenth
Globe doctrine. Labor. The doctrine enunci- year, inclusive, of his imprisonment, he shall
ated in Globe Machine & Stamping Co. [3 be allowed a deduction of 10 days for each
NLRB 294], and applied in Democratic La- month of good behavior; and (d) during the
bor Union v. Cebu Stevedoring Co., [L- eleventh and successive years of his im-
10321, 28 Feb. 1958], where bargaining prisonment, he shall be allowed a deduction
units may be formed through separation of of 15 days for each month of good behavior.
new units from existing ones whenever pleb- [Art. 97, RPC].
iscites had shown the workers' desire to
Good faith. 1. In common usage, that state of
have their own representatives. [Mechanical
mind denoting honesty of purpose, freedom
Department Labor Union sa Phil. Natl. Rail-
from intention to defraud, and, generally
ways v. CIR, GR L-28223. Aug. 30, 1968].
speaking, means being faithful to one's duty
GMDSS. See Global Maritime Distress and or obligation. It consists of the honest inten-
Safety System. tion to abstain from taking an unconsciona-
ble and unscrupulous advantage of another.
GMO. See Genetically modified organism. [Filinvest Credit v. CA, GR 115902. Sep. 27,
GNP. See Gross National Product. 1995]. 2. The reasonable belief that the per-
son from whom the possessor received the
Go Negosyo Act. RA 10644 entitled ―An Act thing was the owner thereof, and could
Promoting Job Generation and Inclusive transmit his ownership. [Art. 1127, CC].
Growth Through the Development of Micro,
Small And Medium Enterprises‖ enacted on Good moral character. Although the term
July 15, 2014. admits of broad dimensions, it has been de-
fined as incl. at least common honesty.
GOCC. See Government-owned or con- [Royong v. Oblena, AC 376, Apr. 30, 1963].
trolled corporation.
Good offices. Intl. Law. A method by which a
GOCC Governance Act of 2011. RA 10149 3rd party attempts to bring the disputing
entitled “An Act to Promote Financial Viabil- states together in order that they may be
ity and Fiscal Discipline in GOCCs and to able to discuss the issues in contention.
Strengthen the Role of the State in its Gov- [Cruz, Intl. Law Reviewer, 1996 Ed., p. 121].
ernance and Management to Make Them

431
Good reasons. Special, important, pressing Gout. A disease characterized by painful in-
reasons [that] must exist to justify execution flammation of the joints, in excessive
pending appeal. [Roxas v. CA, GR L-56960. amount of uric acid in the blood. Poor man's
Jan. 28, 1988]. gout is caused by hard work, poor food and
exposure. [Meñez v. ECC, GR L-48488.
Good seeds. Seeds that are the progeny of
Apr. 25, 1980].
certified seeds so handled as to maintain a
minimum acceptable level of genetic purity Governance Commission for Government -
and identity and which is selected at the Owned or -Controlled Corporations
farm level. [Sec. 4, RA 7607]. (GCG). A central advisory, monitoring, and
oversight body with authority to formulate,
Goods. 1. All items, supplies, materials and
implement and coordinate policies.[of the
general support services, except consulting
GOCCs]. [Sec. 5, RA 10149].
services and infrastructure projects, which
may be needed in the transaction of the Governance of Basic Education Act of
public businesses or in the pursuit of any 2001. RA 9155 entitled ―An Act Instituting a
govt. undertaking, project or activity, wheth- Framework of Governance for Basic Educa-
er in the nature of equipment, furniture, station, Establishing Authority and Accountabil-
tionery, materials for construction, or per- ity, Renaming the Dept. of Education, Cul-
sonal property of any kind, incl. non- ture and Sports as the Dept. of Education,
personal or contractual services such as the and for Other Purposes‖ which lapsed into
repair and maintenance of equipment and law on Aug. 11, 2001.
furniture, as well as trucking, hauling, janito-
Governing document. The AOI, bylaws, con-
rial, security, and related or analogous ser-
ditions, rules and regulations of the [home-
vices, as well as procurement of materials
owners‘] assoc., or other written instrument
and supplies provided by the procuring enti-
by which the assoc. has the authority to ex-
ty or such services. [Sec. 5, RA 9184]. 2.
ercise any of the powers provided for in RA
Chattels and personal property other than:
9904. [Sec. 3, RA 9904].
money, things in action, or things so affixed
to land as to become a part thereof. [Sec. 3, Government. 1. The natl. govt., and any of its
PD 115]. subdivisions, agencies or instrumentalities,
incl. GOCCs and their subsidiaries. [Sec. 1,
Goodwill. 1. An intangible business asset
RA 7080]. 2. The Executive, the Legislative
which includes a cultivated reputation and
and the Judicial Branches and the Constitu-
consequential attraction and confidence of
tional Commissions and shall include all, but
repeat customers and connections. 2. The
shall not be limited to, departments, bu-
advantage or benefit which is acquired by
reaus, offices, boards, commissions, courts,
an establishment beyond the mere value of
tribunals, councils, authorities, administra-
the capital stock, funds or property em-
tions, centers, institutes, state colleges and
ployed therein, in consequence of the gen-
universities, LGUs, and the armed forces.
eral public patronage and encouragement
[Sec. 4, RA 6758]. 3. The Natl. Govt., the lo-
which it receives from constant or habitual
cal govts., and all other instrumentalities,
customers on account of its local position, or
agencies or branches of the Rep. of the
common celebrity, or reputation for skill, or
Phils. incl. GOCCs, and their subsidiaries.
necessities, or punctuality, or from other ac-
[Sec. 3, RA 6713]. 4. That institution or ag-
cidental circumstances or necessities, or
gregate of institutions by which an inde-
even from ancient partialities or prejudices.
pendent society makes and carries out
[Bachrach v. Esteva, GR 44510. Dec. 24,
those rules of action which are necessary to
1938]. See also Business goodwill and
enable men to live in a social state, or which
Company goodwill.
are imposed upon the people forming that
GOP. Govt. of the Phils. society by those who possess the power or

432
authority of prescribing them. [US v. Dorr, and Lucenario, Law on Public Bidding and
GR 1051. May 19, 1903]. Compare with Govt. Contracts, 1960, p. 283].
Administration. 5. Intl. Law. The instrumen-
Government Corporate Governance Stand-
tality that represents the state in its dealings
ards. A set of principles derived from law
with other intl. persons. [Cruz, Intl. Law Re-
and practices, rules and standards pre-
viewer, 1996 Ed., p. 37].
scribed by the Governance Commission for
Government accounting. It encompasses the GOCCs (GCG) that generate long-term arid
processes of analyzing, recording, classify- desirable economic value for the State. It
ing, summarizing and communicating all shall also refer to a system whereby share-
transactions involving the receipt and dispo- holders, creditors, and other stakeholders of
sition of govt. funds and property, and inter- a corp. ensure that management enhances
preting the results thereof. [Sec. 109, PD the value of the corp. as it competes in an
1445]. increasingly global market place. [Sec. 3,
RA 10149].
Government agency. 1. Any govt. entity,
office or officer, other than a court, that is Government employees. All employees of all
vested by law with quasi-judicial power to branches, subdivisions, instrumentalities,
resolve or adjudicate dispute involving the and agencies of the Govt., incl. GOCCs with
govt., its agencies and instrumentalities, or orig. charters. [Sec. 1, EO 180].
private persons. [Sec. 3, RA 9285]. 2. Any
Government financial institutions (GFIs). (a)
department, bureaus or office of the Natl.
Those financial institution in which the govt.
Govt., or any of its branches and instrumen-
directly or indirectly own majority of the capi-
talities, or any political subdivision, as well
tal stock and which are either registered with
as any GOCC, incl. its subsidiaries, or other
or directly supervised by the BSP [Operating
self-governing board or commission of the
Guidelines of EO 138, Mar. 29, 2000]; or (b)
Govt. [Sec. 2, Chap. 1 Subtitle B, EO 292].
collecting or transacting funds or contribu-
Government Auditing Code of the Philip- tions from the public and places them in fi-
pines. PD 1445 entitled ―Ordaining and in- nancial instruments or assets such as de-
stituting a Govt. Auditing Code of the Phils.‖ posits, loans, bonds and equity incl., but not
signed into law on June 11, 1978. limited to, the GSIS and the SSS. [Sec. 3,
RA 10149].
Government auditing. The analytical and
systematic examination and verification of Government funds. Public moneys of every
financial transactions, operations, accounts, sort and other resources pertaining to any
and reports of any govt. agency for the pur- agency of the Govt. [Sec. 2, Chap. 1 Subtitle
pose of determining their accuracy, integrity, B, EO 292].
and authenticity, and satisfying the require-
Government gratuitous permit. The gratui-
ments of law, rules and regulations. [Sec.
tous permit granted by the provincial gover-
53, PD 1445].
nor to any govt. entity or instrumentality to
Government contract. Also Public contract. extract sand and gravel, quarry or loose un-
A contract entered into by state officers act- consolidated materials needed in the con-
ing on behalf of the state, and in which the struction of building and/or infrastructure for
entire people of the state are directly inter- public use or other purposes over an area of
ested. It relates wholly to matter of public not more than 2 hectares for a period co-
concern, and affects private rights only so terminous with said construction. [Sec. 49,
far as the statute confers such rights when RA 7942].
its provisions are carried out by the officer to
Government hospital. A hospital operated
whom it is confided to perform. [Cobacha,
and maintained either partially or wholly by
the natl., provincial, municipal or city govt. or

433
other political subdivision, or by any depart- gions, the provincial, city, municipal or ba-
ment, division, board or other agency there- rangay subdivisions or other forms of local
of. [Sec. 2, RA 4226]. govt. [Sec. 2, Admin. Code of 1987].
Government Instrumentalities with Corpo- Government owned or controlled corpora-
rate Powers (GICP) or Government Cor- tion. See Government-owned or con-
porate Entities (GCE). Instrumentahties or trolled corporation (GOCC).
agencies of the govt., which are neither
Government securities. Evidences of indebt-
corps. nor agencies integrated within the
edness of the Rep. of the Phils. or its in-
departmental framework, but vested by law
strumentalities, GOCCs, or the BSP and
with special functions or jurisdiction, en-
must be freely negotiable and regularly ser-
dowed with some if not all corporate powers,
viced.
administering special funds, and enjoying
operational autonomy usu. through a charter Government security. Any security issued or
x x x. [Sec. 3, RA 10149]. guaranteed as to principal or interest by the
Rep. of the Phils., or by a person controlled
Government lending institutions. Existing
or supervised by and acting as an instru-
and future GFIs, GOCCs primarilly engaged
mentality of the Govt. of the Rep. of the
in lending activities. [Sec. 3, RA 9510].
Phils. pursuant to authority granted by the
Government of paramount force. A govt. Congress of the Phils.; or any certificate of
that is established and maintained by mili- deposit for any of the foregoing. [Sec. 3, RA
tary forces which invade and occupy a terri- 2629].
tory of the enemy in the course of war, as in
Government securities. 1. Unconditional
the cases of Castine, in Maine, which was
obligations of the sovereign state. It is
reduced to British possession in the war of
backed by the full taxing power of the sov-
1812, and Tampico, Mexico, occupied dur-
ereignty. Therefore, govt. securities are
ing the war with Mexico by the troops of the
practically free from default. 2. The uncondi-
US.
tional debt obligations of the Rep. of the
Government of paramount force. Character- Phils. all of which are denominated in the lo-
istics: (a) That its existence is maintained by cal currency, the Phil. peso. and are issued
active military power within the territories by the Rep. through its fiscal agent, the BTr.
and against the rightful authority of an es-
Government Service Insurance System
tablished and lawful govt.; and (b), that while
(GSIS). 1. The Govt. Service Insurance Sys-
it exist it must necessarily be obeyed in civil
tem created under CA 186, as amended.
matters by private citizens who, by acts of
[Sec. 1, RA 9241]. 2. The System created
obedience rendered in submission to such
by CA 186 passed on Nov. 14, 1936, [which]
force, do not become responsible, as
is mandated to provide and administer the
wrongdoers, for those acts, though not war-
following social security benefits for govt.
ranted by the laws of the rightful govt. [Co
employees: compulsory life insurance, op-
Kim Cham v. Tan Keh, GR L-5 Sep. 17,
tional life insurance, retirement benefits,
1945]. See De facto government.
disability benefits for work-related contin-
Government of the Republic of the Philip- gencies and death benefits.
pines (GRP). The corporate governmental
Government servicing banks. Financial insti-
entity through which the functions of govt.
tutions authorized, upon accreditation by the
are exercised throughout the Phils., incl.,
Monetary Board, to accept govt. deposits
save as the contrary appears from the con-
and perform banking services on behalf of
text, the various arms through which political
govt. agencies. Presently, only 3 GFIs have
authority is made effective in the Phils.,
been designated to be servicing banks of
whether pertaining to the autonomous re-

434
the MDS, namely: Land Bank, DBP and which is directly chartered by special law or
Phil. Veterans Bank. if organized under the general corp. law is
owned or controlled by the govt. or subsidi-
Government share. The amount due the Natl.
ary corp., to the extent of at least a majority
Govt. and LGUs from the exploitation, de-
of its outstanding capital stock or of its out-
velopment, and utilization of naturally-
standing voting stock. [Sec. 2, PD 2029]. 3.
occurring renewable energy resources such
The term shall include GICP/GCE and GFI.
as geothermal, wind, solar, ocean and hydro
[Sec. 3, RA 10149].
excl. biomass. [Sec. 4, RA 9513].
Governor. The elected head of a province or a
Governmental function. Also Constituent
regional government.
function. Pol. Law. Certain functions and
activities, which can be performed only by GPPB. The Govt. Procurement Policy Board
the Govt., and so the State is immune from established in accordance with Art. X of RA
tort liability. [Fontanilla v. Maliaman, GR 9184. [Sec. 5, RA 9184].
55963 & 61045. Feb. 27, 1991]. Compare
G.R. General Register. Compare with UDK.
with Proprietary or Ministrant function.
GR See General Register Number. Compare
Governmental immunity from suit doctrine.
with UDK No.
The doctrine that no governmental body can
be sued unless it gives permission. Grace period. Period commencing from the
time a loan agreement becomes effective to
Governmental interest doctrine. Intl. Law.
the time when the initial principal repayment
The doctrine that courts should apply the
becomes due.
law of the state that has the most interest in
determining the outcome of the dispute. Grade. All classes of positions which, although
different with respect to kind or subject mat-
Governmental purpose. See Public pur-
ter of work, are sufficiently equivalent as to
pose.
level of difficulty and responsibility and level
Government-in-exile. A govt. whose chief of qualification requirements of the work to
exec. and other principal officials have fled warrant the inclusion of such classes of po-
their state in the face of hostile armed forces sitions within one range of basic compensa-
but which is recognized as the de jure govt. tion. [Sec. 3, PD 985].
by at least one other state. Except for the
Graduated tax. Progressive tax. Any tax in
states recognizing it, it is not considered to
which the rate increases as the amount sub-
be a subject of intl. law.
ject to taxation increases. See Progressive
Government-owned or controlled corpora- tax.
tion (GOCC). 1. Corps. organized as a
Grandfather. To exempt someone or some-
stock or non-stock corp. vested with func-
thing from a new law or regulation.
tions relating to public needs, whether gov-
ernmental or proprietary in nature, and Grandfather clause. A legal term used to
owned by the Govt. directly or through its in- describe a situation in which an old rule con-
strumentalities either wholly or, where appli- tinues to apply to some existing situations,
cable as in the case of stock corps., to the while a new rule will apply to all future situa-
extent of at least 51% of its capital stock. tions. It is often used as a verb: to grandfa-
This term shall also include financial institu- ther means to grant such an exemption.
tions, owned or controlled by the Natl. Govt., Frequently, the exemption is limited; it may
but shall exclude acquired asset corps., extend for a set period of time, or it may be
state universities, and colleges. [Sec. 2, RA lost under certain circumstances. For exam-
7656]. 2. A stock or non-stock corp. whether ple, a "grandfathered power plant" might be
performing govt. or proprietary functions, exempt from new, more restrictive pollution

435
laws, but those rules would apply if the plant Gratia argumenti. See Ex gratia argumenti.
were expanded. Often, such a provision is
Gratuitous. 1. Given or granted without return
used as a compromise, to effect new rules
or recompense; unearned. 2. Given or re-
without upsetting a well-established logisti-
ceived without cost or obligation; free.
cal or political situation. This extends the
idea of a rule not being retroactively applied. Gratuitous contract or Contract of pure
beneficence. A contract the cause of which
Grandfather rule. 1. The method by which the
is the mere liberality of the benefactor. [Art.
percentage of Filipino equity in a corp. en-
1350, Cc].
gaged in nationalized and/or partly national-
ized activities, provided for under the Consti. Gratuitous donation. An act of liberality which
and other nationalization laws, is computed has no other basis than the desire to do
in cases where there are corporate share- good thing for the welfare of some persons.
holders. 2. The rule that the nationality of a [Art. 725, CC].
corp. is attributed to the percentage of equi-
Gratuitous permit. Permit issued to any indi-
ty in the corp. used in nationalized or partly
nationalized area. vidual or entity engaged in noncommercial
scientific, or educational undertaking to col-
Grant. The action of granting; the thing grant- lect wildlife. [Sec. 5, RA 9147].
ed. Consent, permission. Promise. Admis-
sion, acknowledgment. Also, what is agreed Gratuitous title. Also Titulo lucrativo. A
to, promised, admitted, etc. [Phil. Apparel transmission wherein the recipient gives
Workers Union v. NLRC, GR L-50320. July nothing in return such as donation and suc-
31, 1981]. cession [Cabardo v. Villanueva, GR L-19003
Dec. 13, 1922].
Granted. Bestowed, allotted. [Phil. Apparel
Workers Union v. NLRC, GR L-50320. July Gratuity. 1. A mere bounty given by the Govt.
31, 1981]. in consideration or recognition of meritorious
services and springs from the appreciation
Grantee. A person to whom a grant or con- and graciousness of the Govt. [Ilagan v. Ila-
veyance is made. ya, GR 33507, Dec. 20, 1930]. 2. Something
given freely, or without recompense; a gift;
Grantor. The person who sets up a trust. Also
something voluntarily given in return for a
referred to as Settlor.
favor or services; a bounty; a tip. [Pirovano
Grants. All non-repayable transfer received v. De la Rama Steamship Co., Inc. GR L-
from other levels of govt., or from private in- 5377 Dec. 29, 1954].
dividuals, or institutions incl. reparations and
Gratuity pay. It is not intended to pay a worker
gifts given for particular projects or pro-
for actual services rendered. It is a money
grams, or for general budget support.
benefit given to the workers whose purpose
Graphic health warnings. The photographic is "to reward employees or laborers, who
image printed on the tobacco product pack- have rendered satisfactory and efficient ser-
age which accurately depicts the hazards of vice to the company.‖ [Plastic Town Center
tobacco use and is accompanied by textual Corp. v. NLRC, GR 81176. Apr. 19, 1989].
warning related to the picture. [Sec. 4, RA
Gravamen. 1. In civil law and as used and
10643].
understood in ordinary legal parlance, a lien
Graphic Health Warnings Law, The. RA and/or encumbrance is synonymous with
10643 entitled ―An Act to Effectively Instill ―gravamen.‖ [Raminer v. Investment &
Health Consiousness Through Graphic Devt., Inc., SP-08793, June 14, 1979]. 2.
Health Warnings on Tobacco Products‖ en- The basic gist of every claim [cause of ac-
acted on July 15, 2014. tion] or charge in a complaint, particularly
the failure to perform. Example: In an acci-

436
dent case, the gravamen may be the negli- Grave felonies. Crim. Law. Those felonies to
gence of the defendant, and in a contract which the law attaches the capital punish-
case, it may be the breach of the defendant. ment or penalties which in any of their peri-
ods are afflictive, in accordance with Art. 25
Grave. Giving cause for alarm; serious.
of the Rev. Penal Code. [Art. 9, RPC].
Grave abuse of discretion. 1. An evasion of a
Grave misconduct. 1. A transgression of
positive duty or a virtual refusal to perform a
some established and definite rule of action,
duty enjoined by law or to act in contempla-
more particularly, unlawful behavior or grave
tion of law as when the judgment rendered
misconduct by the public officer. The word
is not based on law and evidence but on ca-
"misconduct" implies a wrongful intention
price, whim and despotism. [Ferrer v. Om-
and not a mere error of judgment. For seri-
budsman, GR 129036, Aug. 6, 2008]. 2. An
ous misconduct to exist, there must be a re-
act of a court or tribunal which was per-
liable evidence that the judicial acts com-
formed in a capricious or whimsical exercise
plained of were corrupt or inspired by an in-
of judgment which is equivalent to lack of ju-
tention to violate the law, or were in persis-
risdiction. The abuse of discretion must be
tent disregard of well-known legal rules. [In
so patent and gross as to amount to an eva-
re: Impeachment of Horrilleno, Mar. 20,
sion of positive duty or to a virtual refusal to
1922]. 2. A misconduct warranting removal
perform a duty enjoined by law, or to act at
from office of an officer which must have a
all in contemplation of law, as where the
direct relation to and be connected with the
power is exercised in an arbitrary and des-
performance of official duties, amounting ei-
potic manner by reason of passion or per-
ther to maladministration or willful, intention-
sonal hostility. [De Luna v. IAC, GR 72424
al neglect and failure to discharge the duties
Feb. 13, 1989].
of the office. [Maaliw, Willie Fernando S.,
Grave coercion. Crim. Law. The felony com- CSC Res. 00-1290, June 1, 2000]. 3. Mis-
mitted by any person who, without authority conduct [that] involves any of the additional
of law, shall, by means of violence, prevent elements of corruption, willful intent to vio-
another from doing something not prohibited late the law or to disregard established
by law, or compel him to do something rules, which must be established by sub-
against his will, whether it be right or wrong, stantial evidence. [CSC v. Ledesma, GR
or for the purpose of compelling another to 154521, Sep. 30, 2005].
perform any religious act or to prevent him
Grave scandal. Crim. Law. The felony com-
from so doing. [Art. 286, RPC].
mitted by any person who shall offend
Grave coercion. Crim. Law. Elements: (a) against decency or good customs by any
That any person be prevented by another highly scandalous conduct not expressly
from doing something not prohibited by law, falling within any other Art. of the Rev. Penal
or compelled to do something against his Code. [Art. 200, RPC].
will, be it right or wrong; (b) that the preven-
Grave threats. Crim. Law. The felony commit-
tion or compulsion be effected by violence,
ted by any person who shall threaten anoth-
either by material force or such display of it
er with the infliction upon the person, honor
as would produce intimidation and control
or property of the latter or of his family of
the will of the offended party, and (c) that
any wrong amounting to a crime, and the of-
the person who restrained the will and liber-
fender shall have made the threat demand-
ty of another had no right to do so, or, in
ing money or imposing any other condition,
other words, that the restraint was not made
even though not unlawful, and whether or
under authority of law or in the exercise of a
not said offender shall have attained his
lawful right [Timoner v. People, GR L-62050.
purpose, or the threat be made in writing or
Nov. 25, 1983].
through a middleman, or shall not have

437
been made subject to a condition. [Art. 282, Greenhouse. A structure, primarily of glass, in
RPC]. which temperature and humidity can be con-
trolled for the cultivation or protection of
Grave threats. Crim. Law. Elements: (a) That
plants.
the offender threatened another person with
the infliction upon his person of a wrong; (b) Greenhouse effect. The process by which the
that such wrong amounted to a crime; and absorption of infrared radiation by the at-
(c) that the threat was not subject to a condi- mosphere warms the Earth. [Sec. 3, RA
tion. [Reyes v. People, GR L-21528 & L- 9729].
21529. Mar. 28, 1969].
Greenhouse gases (GHG). Constituents of
Gravity. Fam. Law. [The psychological inca- the atmosphere that contribute to the green-
pacity as a ground to annul a marriage] house effect incl., but not limited to, carbon
must be grave and serious such that the dioxide, methane, nitrous oxide, hydro-
party would be incapable of carrying out the fluorocarbons, perfluorocarbons and sulfur
ordinary duties required in a marriage. [Di- hexafluoride. [Sec. 3, RA 9729].
mayuga-Laurena v. CA, GR 159220, 22
Grego doctrine. Elec. Law. A possible excep-
Sep. 2008]. See also Judicial anteced-
tion to the rule [Labo doctrine] that a 2nd
ence and Incurability.
placer may not be declared the winning
Grazing land. That portion of the public do- candidate, [which is] predicated on the con-
main which has been set aside, in view of currence of 2 assumptions, namely: (a) the
the suitability of its topography and vegeta- one who obtained the highest number of
tion, for the raising of livestock. [Sec. 3, PD votes is disqualified; and (b) the electorate is
705]. fully aware in fact and in law of a candi-
date's disqualification so as to bring such
Grease money. In the vernacular, Lagay.
awareness within the realm of notoriety but
Money demanded for and accepted as a
would nonetheless cast their votes in favor
form of graft and corruption so common in
of the ineligible candidate. [Grego v. Come-
the application for licenses and permits from
lec, GR 125955. June 19, 1997]. Compare
the govt. [Antonio v. Sandiganbayan, GR L-
with Labo doctrine.
57937. Oct. 21, 1988].
Grid. 1. The high voltage backbone system of
Greater weight of evidence. The phrase is
interconnected transmission lines, substa-
synonymous with the term Preponderance
tions, and related facilities, located in each
of evidence.
of Luzon, Visayas, and Mindanao, or as may
Greater weight of the credible evidence. otherwise be determined by the ERC in ac-
Also Greater weight of evidence. See cordance with RA 9136. [Sec. 4, RA 9513].
Preponderance of evidence. 2. The high voltage backbone system of in-
terconnected transmission lines, substations
Green card. US Resident Alien Registration and related facilities. [Sec. 4, RA 9136].
Card, as commonly referred to.
Grid code. The set of rules and regulations
Green energy option. The mechanism to
governing the safe and reliable operation,
empower end-users to choose renewable maintenance and development of the high
energy in meeting their energy require- voltage backbone transmission system and
ments. [Sec. 4, RA 9513]. its related facilities. [Sec. 4, RA 9136].
Greenbacks. The term by which the US dol- Grievance. A complaint filed by an employee
lars are popularly known. [Bank of the Phil.
regarding working conditions to be resolved
Islands v. IAC, GR L-66826. Aug. 19, 1988]. by procedural machinery provided in the un-
ion contract. An injury, injustice, or wrong
which gives ground for complaint.

438
Grievance machinery. A machinery for the payers engaged in the sale of service, it
adjustment and resolution of grievances means gross receipts less sales returns, al-
arising from the interpretation or implemen- lowances, discounts and cost of services.
tation of the collective bargaining agreement [Sec. 27, NIRC, as amended]. 3. All income
and those arising from the interpretation or derived from whatever source. [CSC‘s
enforcement of company personnel policies. Guidelines on the use of the rev. SALN
[Art. 260, LC]. form]. Compare with Net income.
Grooming. The act of preparing a child or Gross inexcusable negligence. Negligence
someone who the offender believes to be a characterized by the want of even the
child for sexual activity or sexual relationship slightest care, acting or omitting to act in a
by communicating any form of child situation where there is duty to act, not in-
pornography. It includes online enticement advertently but willfully and intentionally,
or enticement through any other means. with conscious indifference to consequenc-
[Sec. 3, RA 9775]. es insofar as other persons may be affected.
[Villanueva v. Sandiganbayan, GR 105607,
Gross. Unmitigated in any way; utter.
21 June 1993].
Gross Domestic Product (GDP). Measures
Gross National Product (GNP). A measure of
total output within the geographic bounda-
the market value of the output of final goods
ries of the country, regardless of the nation-
and services produced by a natl. economy
ality of the entities producing the output.
during a specific period of time, usu. a year.
Gross ignorance. The want or absence of
Gross neglect of duty. A flagrant and culpa-
reasonable care, skill, and knowledge.
ble refusal or unwillingness of a person to
Gross ignorance of the law. 1. A patent dis- perform a duty. [Phil. Retirement Authority v.
regard of simple, elementary and well- Rupa, GR 140519. Aug. 21, 2001]. Com-
known rules. [Salcedo V. Judge Bollozos, pare with Gross negligence.
AM RTJ-10-2236, July 5, 2010]. 2. [An error
Gross negligence. 1. It evinces a thoughtless
in] the order, decision or actuation of the
disregard of consequences without exerting
judge in the performance of official duties
any effort to avoid them. [Citibank, NA v.
[which] must be established [to have been]
Gatchalian, GR 111222 Jan. 18, 1995]. 2.
motivated by [his] bad faith, dishonesty, ha-
The want or absence of even slight care or
tred or some other similar motive. [Visbal v.
diligence as to amount to a reckless disre-
Vanilla, AM MTJ-06-1651 (Formerly OCA
gard of the safety of person or property.
IPI 04-1576-MTJ), Apr. 7, 2009].
[Amedo v. Rio y Olabarrieta, Inc., GR L-
Gross income. 1. All income derived from 6870 May 24, 1954].
whatever source, incl. [but not limited to] the
Gross output. The actual market value of
following items: (a) Compensation for ser-
minerals or mineral products from its mining
vices in whatever form paid, incl., but not
area as defined in the NIRC. [Sec. 3, RA
limited to fees, salaries, wages, commis-
7942].
sions, and similar items; (b) Gross income
derived from the conduct of trade or busi- Gross Philippine Billings. Gross revenue
ness or the exercise of a profession; (c) whether for passenger, cargo or mail origi-
Gains derived from dealings in property; (d) nating from the Phils. up to final destination,
Interests; (e) Rents; (f) Royalties; (g) Divi- regardless of the place of sale or payments
dends; (h) Annuities; (i) Prizes and win- of the passage or freight documents. [Sec.
nings; (j) Pensions; and (k) Partner's distrib- 28, NIRC, as amended].
utive share from the net income of the gen-
Gross receipts. Taxation. The total amount of
eral professional partnership. [Sec. 32,
money or its equivalent representing the
NIRC, as amended]. 2. In the case of tax-

439
contract price, compensation, service fee, Gross violations of the Collective Bargain-
rental or royalty, incl. the amount charged ing Agreement. See Collective Bargain-
for materials supplied with the services and ing Agreement, Gross violations of.
deposits and advanced payments actually or
Grossly immoral conduct. A conduct so
constructively received during the taxable
corrupt as to constitute a criminal act or so
quarter for the services performed or to be
unprincipled as to be reprehensible to a high
performed for another person, excl. value-
degree. [Reyes v. Wong, AM 547 Jan. 29,
added tax. [Sec. 108, NIRC, as amended].
1975]. An act committed under such scan-
Gross sales or receipts. The total amount of dalous or revolting circumstances as to
money or its equivalent representing the shock the common sense of decency.
contract price, compensation or service fee, [Royong v. Oblena, AC 376 Apr. 30, 1963].
incl. the amount charged or materials sup-
Grotius doctrine of immemorial prescrip-
plied with the services and deposits or ad-
tion. Intl. Law. The doctrine that speaks of
vance payments actually or constructively
uninterrupted possession of a territory going
received during the taxable quarter for the
beyond memory. [Sandoval, Pol. Law Re-
services performed or to be performed for
viewer 2003].
another person excl. discounts if determina-
ble at the time of sales, sales return, excise Ground. The underlying condition prompting
tax, and value-added tax (VAT). [Sec. 131, an action; a cause.
RA 7160].
Groundwater. A subsurface water that occurs
Gross selling price. Taxation. 1. The total beneath a water table in soils and rocks, or
amount of money or its equivalent which the in geological formations. [Sec 4, RA 9275].
purchaser pays or is obligated to pay to the
seller in consideration of the sale, barter or Groundwater vulnerability. Relative ease
exchange of the goods or properties, excl. with which a contaminant located at or near
the land surface can migrate to the aquifer
the value-added tax. The excise tax, if any,
on such goods or properties shall form part or deep well. [Sec 4, RA 9275].
of the gross selling price. [Sec. 106, NIRC, Groundwater vulnerability map. The identi-
as amended]. 2. The total amount of money fied areas of the land surface where
or its equivalent which the purchaser pays to groundwater quality is most at risk from hu-
the vendor to receive or get the goods. man activities and shall reflect the different
[Connell Bros. Co. v. Collector of Internal degrees of groundwater vulnerability based
Revenue, GR L-15470. Dec. 26, 1963]. on a range of soil properties and hydro geo-
logical criteria to serve as guide in the pro-
Gross tonnage. The under-deck tonnage,
permanently enclosed spaces above the tection of the groundwater from contamina-
tonnage deck, except for certain exemption. [Sec 4, RA 9275].
tions. In broad terms, all the vessel's Group. A number of people or things that are
'closed-in' spaces expressed in volume located close together or are considered or
terms on the bases of 100 cubic feet (that classed together.
equals one gross ton). [Sec. 4, RA 8550].
Group character loan. A loan contracted by a
Gross value-added. The value, excl. the val- member and guaranteed by a group of per-
ue of non-agricultural or fishery intermediate sons for its repayment. The creditor can col-
inputs, of goods and services contributed by lect from any of the members of the group
the agricultural and fisheries sectors. [Sec. which guaranteed the said loan, without
4, RA 8435]. prejudice to the right of reimbursement of
the member or members of the group who
had advanced the payment in favor of the
actual debtor. [Sec. 3, RA 8425].

440
Group homes. A community-based alternative GRP. Govt. of the Rep. of the Phils.
living arrangement to institutional care. It
GSIS. See Government Service Insurance
can be a transit home for a definite period
System.
for neglected older persons while the nec-
essary services of locating relatives and Guano. A substance composed chiefly of the
care management is ongoing. It envisions dung of sea birds or bats, accumulated
responding to the needs of the senior citi- along certain coastal areas or in caves and
zens who have been abandoned, have no used as fertilizer.
families to return to or to whose family reuni-
Guano permit. The permit granted by the
fication is not suitable, and are assessed to
be needing group living experience. The provincial governor to any qualified person
program enables a minimum of 6 and a to extract and utilize loose unconsolidated
maximum of 10 clients discharged from a guano and other organic fertilizer materials
residential care facility to live together and in any portion of a municipality where he has
established domicile. The permit shall be for
manage their group living activities with min-
imal supervision from the agency social specific caves and/or for confined sites with
worker. [Art. 5, IRR of RA 9994]. locations verified by the DENR's field officer
in accordance with existing rules and regula-
Group insurance. Essentially a single insur- tions. [Sec. 51, RA 7942].
ance contract that provides coverage for
many individuals. In its orig. and most com- Guarantee. 1. An expressed or implied assur-
mon form, group insurance provides life or ance of the quality of the consumer products
health insurance coverage for the employ- and services offered for sale or length of
satisfactory use to be expected from a prod-
ees of one employer. [Pineda v. CA, GR
105562. Sep. 27, 1993]. uct or other similar specified assurances.
[Art. 4, RA 7394]. 2. The commitment given
Group of companies. Corp. Law. [It] refers to, in writing by a service and repair enterprise
and can cover only, corp. that are financially undertaking a service or repair work on a
refers to, and can cover only, corps. that are particular appliance or equipment, that re-
financially rated to one another as parent pair enterprise shall undertake a rework of
corp., subsidiaries and affiliates. When the the previous service and repair without any
petition covers a group of companies, all obligation from the customer. [Sec. 1, PD
reference under the Rules of Proc. on Cor- 1572].
porate Rehab. to "debtor" shall include and
apply to the group of companies. [Sec. 1, Guarantee agreement. A contract bet. the
participating financial institution and OWWA
Rule 2, AM 00-8-10-SC, Dec. 2, 2008].
whereby the latter pledges to pay a loan ob-
Group of debtors. [It] shall refer to and can tained by a migrant worker from the former
cover only: (a) corps. that are financially rein the case the worker defaults. [Sec. 30,
lated to one another as parent corps., sub- IRR, RA 8042].
sidiaries or affiliates; (b) partnerships that
Guaranteed bonds. Corp. Law. Bonds se-
are owned more than 50% by the same per-
son; and (c) single proprietorships that are cured or guaranteed by a corp. other than
owned by the same person. When the peti- the issuing corp.
tion covers a group of debtors, all reference Guaranteed obligations. Debt obligations for
under these rules to debtor shall include and which a juridical entity assumes secondary
apply to the group of debtors. [Sec. 4, RA liability as guarantor. If the primary obligor
10142]. fails to pay, the guarantor becomes liable for
Grouping of contacts. See Center of gravity the amount due.
doctrine and Most significant relationship Guaranteed shares. Corp. Law. Those guar-
theory. anteed by a person, natural or juridical, oth-

441
er than the issuing corps. [Diaz, Bus. Law Guardian ad litem. See also Ad litem. 1. A
Rev., 1991 Ed., p. 269]. guardian appointed by a court for the pur-
pose of assisting a minor or other incapaci-
Guarantor. 1. The insurer of the solvency of
tated person in a suit. [Torres, Oblig. &
the debtor [who] thus binds himself to pay if
Cont., 2000 Ed., p. 351]. 2. A person ap-
the principal is unable to pay. [Machetti v.
pointed by the court to protect the best in-
Hospicio, GR L-16666 Apr. 10, 1922]. 2. A
terest of the child. [Rule on Juveniles in
person who pledges collateral for the con-
tract of another, but separately, as part of an
24, 2009]. 3. A guardian appointed to assist
independent contract with the obligee of the
an infant or other mentally incapable de-
orig. contract. Compare with Surety.
fendant or plaintiff, or any such incapacitat-
Guaranty. A promise to answer for the debt, ed person that may be a party in a legal ac-
default, or miscarriage of another person. A tion.
promise to answer for the payment of some
Guardianship. 1. A trust relation in which one
debt or the performance of some obligation,
person acts for another whom the law re-
on default of such payment of performance,
gards as incapable of managing his own af-
by a 3rd person who is liable or expected to
fairs. [Bench Book for Trial Court Judges, p.
become liable therefor in the 1st instance.
3-2]. 2. Legal right given to a person to be
[Cacho v. Valles, GR 19493. Aug. 27, 1923].
responsible for the food, housing, health
Guaranty commission agent. An agent who care, and other necessities of a person
receives on a sale, in addition to the ordi- deemed incapable of providing these ne-
nary commission, another called a guaran- cessities for himself or herself.
tee commission, in which case he shall bear
Guidance and counseling. A profession that
the risk of collection and shall pay the prin-
involves the use of an integrated approach
cipal the proceeds of the sale on the same
to the development of a well-functioning in-
terms agreed upon with the purchaser. [Art.
dividual primarily by helping him/her poten-
1907, CC].
tials to the fullest and plan him/her to utilize
Guaranty contract. 1. A contract by which a his/her potentials to the fullest and plan
person, called the guarantor, binds himself his/her future in accordance with his/her
to the creditor to fulfill the obligation of the abilities, interests and needs. It includes
principal debtor, in case the latter should fail functions such as counseling subjects, par-
to do so. [Art. 2047, CC]. 2. A collateral un- ticularly subjects given in the licensure ex-
dertaking to pay the debt of another in case aminations, and other human development
the latter does not pay the debt. [Zobel v. services. [Sec. 3, RA 9258].
CA, GR 113931. May 6, 1998]. See Surety-
Guidance counselor. A natural person who
ship contract.
has been registered and issued a valid Cer-
Guardian. 1. A person appointed to be a pro- tificate of Registration and a valid Profes-
tector of the interests of a minor or other in- sional Identification Card by the Professional
capacitated person. [Torres, Oblig. & Cont., Regulatory Board of Guidance and Counsel-
2000 Ed., p. 351]. 2. An individual who, by ing and the Professional Regulatory Com-
legal appointment or by the effect of a writ- mission (PRC) in accordance with RA 9258
ten law, is given custody of both the proper- and by virtue of specialized training per-
ty and the person of one who is unable to forms for a fee, salary or other forms of
manage his own affairs, such as a child or compensation, the functions of guidance
mentally-disabled person. 3. Envisioned in and counseling under Sec. 3 (a) of said Act.
Sec. 31(c) of RA 7610 [as] a person who [Sec. 3, RA 9258].
has a legal relationship with a ward. [People
v. Delantar, GR 169143, 2 Feb. 2007].

442
Gun. A weapon consisting of a metal tube
from which a projectile is fired at high veloci-
ty into a relatively flat trajectory.
Gun club. An org. duly registered with and
accredited in good standing by the FEO of
the PNP which is established for the pur-
pose of propagating responsible and safe
gun ownership, proper appreciation and use
of firearms by its members, for the purpose
of sports and shooting competition, self-
defense and collection purposes. [Sec. 3,
RA 10591].
Gun-runner. One that smuggles firearms and
ammunition.
Gun-running. The illegal trafficking
or smuggling of contraband weap-
ons or ammunition.
Gunsmith. Any person, legal entity, corp.,
partnership or business duly licensed by the
FEO of the PNP to engage in the business
of repairing firearms and other weapons or
constructing or assembling firearms and
weapons from finished or manufactured
parts thereof on a per order basis and not in
commercial quantities or of making minor
parts for the purpose of repairing or assem-
bling said firearms or weapons. [Sec. 3, RA
10591].
Guy. A line from the vise of the vessel, ena-
bling the boom, once released from the col-
lar, 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.

443
Habitacion adicional. Sp. An additional room
-H- or annex.
H-1 visa. A working visa issued by the US Habitat. Place or environment where species
govt. It is non-immigrant visa. or subspecies naturally occur or has natural-
ly established its population. [Sec. 5, RA
Habal-habal. Vis. Motorcycle with extended
9147].
seat to accommodate more passengers in a
row, so called bec. of the sitting position of Habitation. 1. The state or process of living in
back-seat riders that simulates copulation a particular place. 2. A place in which to live;
from behind. a house or home.
Habeas corpus. Lat. Have the body. 1. A Habitual. 1. Done as a habit. 2. Regular; usu-
court petition which orders that a person be- al.
ing detained be produced before a judge for
Habitual delinquency. Also Delito de habito.
a hearing to decide whether the detention is
It is simply a fact or circumstance which, if
lawful. 2. The name of a writ having for its
present in a given case with the other cir-
object to bring a person before a court.
cumstances enumerated in Rule 5 of Art. 62
Habeas data. Lat. [We command] you have of the Rev. Penal Code, gives rise to the
the data. A constitutional right designed to imposition of the additional penalties therein
protect, by means of an individual complaint prescribed. This is all the more true bec. the
presented to a constitutional court, the im- law itself clearly provides that the habitual
age, privacy, honor, information, self- delinquent must be sentenced to the penalty
determination and freedom of information of provided by law for his last crime in addition
a person. to the additional penalty he deserves. [Peo-
ple v. De Jesus, GR 45198. Oct. 31, 1936].
Habeas data, Writ of. A remedy available to
Also Multi-recidivism.
any person whose right to privacy in life, lib-
erty or security is violated or threatened by Habitual delinquent. 1. Sometimes called a
an unlawful act or omission of a public offi- Multi-recidivist. A person who, within a pe-
cial or employee, or of a private individual or riod of 10 years from the date of his release
entity engaged in the gathering, collecting or or last conviction of the crimes of serious or
storing of data or information regarding the less serious physical injuries, robo, hurto,
person, family, home and correspondence estafa, or falsification, is found guilty of any
of the aggrieved party. [The Rule on the Writ said crimes a 3rd time or oftener. [Almeda v.
of Habeas Data, AM 08-1-16-SC]. Villaluz, GR L-31665. Aug. 6, 1975; Art. 62,
RPC]. 2. Prop. Mgt. A contractor or supplier
Haber ganancial. Sp. Net remainder of the
who fails to abide by or comply with terms
conjugal property after liquidation. [Jose v.
and conditions of his contract for 2 or more
Jose, GR L-7397, Dec. 11, 1916].
times within a period of 1 year. [IRR on
Habere facias possessionem. Lat. The pro- Supply & Prop. Mgt., per Sec. 383, LGC].
cess commonly resorted to by the success-
Habitual drunkard. One given to intoxication
ful party in an action of ejectment, for the
by excessive use of intoxicating drinks. The
purpose of being placed by the sheriff in the
habit should be actual and confirmed. It
actual possession of the land recovered.
lessens individual resistance to evil thought
[Arcadio v. Ylagan, Adm. Case 2734. July
and undermines will-power making its victim
30, 1986].
a potential evildoer [People v. Camano, GR
Habit. A settled or regular tendency or prac- L-36662-63. July 30, 1982].
tice, esp. one that is hard to give up.
Habitable. Suitable to live in.

444
Habitual mendicant. One who has been con- Half-blood relationship. That existing bet.
victed of mendicancy under PD 1563 2 or persons who have the same father, but not
more times. [Sec. 3, PD 1563]. the same mother, or the same mother, but
not the same father. [Art. 967, CC].
Habitual neglect. [It] implies repeated failure
to perform one‘s duties for a period of time, Half-mast. Lowering the flag to ½ the distance
depending upon the circumstances. bet. the top and bottom of the staff. [Sec. 3,
RA 8491].
Habituality. That the offender has been previ-
ously punished for an offense to which the Hallucination. Legal Med. An erroneous per-
law attaches an equal or greater penalty or ception without an external object or stimu-
for 2 or more crimes to which it attaches a lus. [Olarte, Legal Med., 1st Ed. (2004), p.
lighter penalty. [Art. 14, Par. 10, RPC]. See 146]. Compare with Illusion.
Reiteracion.
Hambog. Tag. The word means not just brag-
Habitually absent. An officer or employee gart, but proud or arrogant. [Madrona v.
who incurs unauthorized absences exceed- Rosal, GR 39120. Nov. 21, 1991].
ing the allowable 2.5 days monthly leave
Hamlet. A small village.
credit under the Leave Law for at least 3
months in a semester or at least 3 consecu- Hamletting. Loosely defined, the forced clus-
tive months during the year. [Sec. 22(q), tering into a small village of the residents of
Rule XIV, Omnibus Rules Implementing a sitio or barangay to enable the military to
Book V of EO 292]. operate effectively within the area or vicinity
left by the residents or inhabitants.
Habitually tardy. An employee who incurs
tardiness, regardless of the number of Hand line. See Handline.
minutes, 10 times a month for at least 2
months in a semester or at least 2 consecu- Handcarry. A piece of luggage that is not
tive months during the year. [Sec. 22(q), checked-in, hence, not given a claim tag. It
is under the custody and care of the pas-
Rule XIV, Omnibus Rules Implementing
Book V of EO 292]. senger concerned.
Hack. 1. Cut with rough or heavy blows. 2. Handgun. A firearm intended to be fired from
Ride a horse for pleasure or exercise. the hand. [Sec. 3, RA 10591].
Hacker. 1. An enthusiastic and skillful comput- Handicap. 1. A disadvantage for a given indi-
vidual, resulting from an impairment or a
er programmer or user. 2. A person who us-
es computers to gain unauthorized access disability, that limits or prevents the function
to data. or activity, that is considered normal given
the age and sex of the individual. [Sec. 4,
Hacking. Short and interrupted. RA 7277]. 2. A disadvantage suffered by a
person which makes achievement unusu.
Haeres censetur cum de functo una
difficult bec. of some physical and/or psy-
eademque persona. Lat. The heir repre-
cho-social impairment. It also refers to cu-
sents the person of the deceased, and both
mulative effect of obstacles which the disad-
are even considered as one same person.
vantage interposes bet. the individual and
[Quijano v. Cabale, GR L-25558 Aug. 25,
his maximum functional level. [Sec. 11, PD
1926].
1509].
Half ahead. A maritime maneuver equivalent
Handicapped workers. Those whose earning
to 12 miles per hour.
capacity is impaired by age or physical or
Half-blood. The relationship bet. people hav- mental deficiency or injury. [Art. 78, LC].
ing one parent in common.

445
Handicraft. 1. Skill and facility with the hands. rough water by piers, jetties, and other artifi-
2. A craft or occupation requiring skilled use cial structures.
of the hands.
Harbor fee. The amount which the owner,
Handicraft establishment. Establishment agent, operator or master of a vessel has to
engaged in an economic endeavor in which pay for each entrance into or departure from
the products are primarily done in the home a port of entry in the Phils. [Sec. 2701, RA
or such other places for profit. See Cottage 1937].
establishment.
Harbor line. The limiting line beyond which no
Handicrafts and shellcrafts. A trade or activi- piers, wharves, bulkheads or other works
ty in which articles are fashioned totally or shall be extended or any deposits made.
chiefly by hand with manual or artistic skill, [Sec. 3, RA 4663].
using principally indigenous materials. [Sec.
Hard surfactants. Surfactants with low bio-
1, PD 1634].
degradability rate incl. chemicals such as
Handline. A fishing line managed principally hard or branded alkyl benzene, hard or
by hand. branched alkyl benzene surfactants, hard or
branded dodecyl benzene sulfonates,
Handline fishing. A traditional fishing method
branched dodecyl benzene, their sodium or
that uses the hook and line, a passive fish-
potassium salts and other technical names
ing gear with a single vertical line carrying
referring to the same chemical compound.
one hook and used by simply dropping the
[Sec. 2, RA 8970].
line into the water and waiting for the fish to
bite. [Sec. 3, RA 9379]. Harmless error. 1. Any error in either the
admission or the exclusion of evidence and
Handline fishing boat. A fishing boat with or
any error or defect in any ruling or order or
without outrigger and with or without auxilia-
in anything done or omitted by the trial court
ry small boats on board that exclusively uti-
or by any of the parties which is not deemed
lizes the handline fishing method. [Sec. 3,
to be a ground for granting a new trial or for
RA 9379].
setting aside, modifying, or otherwise dis-
Handline Fishing Law. The. RA 9379 entitled turbing a judgment or order, unless refusal
―An Act Defining Handline Fishing, Providing to take such action appears to the court in-
Effective Regulations Therefor and for Other consistent with substantial justice. Any error
Purposes‖ enacted on Mar. 8, 2007. or defect which does not affect the substan-
tial rights of the parties and which the court
Handwriting. The chirography of a person; the at every stage of the proceeding must disre-
cast or form of writing peculiar to a person,
gard. [Sec. 6, Rule 51, RoC]. 2. An error
incl. the size, shape, and style of letters, committed during a trial that was corrected
tricks of penmanship, and whatever gives or was not serious enough to affect the out-
individuality to his writing, distinguishing it come of a trial and therefore was not suffi-
from that of other persons. Anything written ciently harmful (prejudicial) to be reversed
by hand; an instrument written by hand of a
on appeal. See English Exchequer Rule.
person, or a specimen of his writing.
Harvest. 1. N. The process or period of gath-
Harass. To irritate or torment persistently. ering in crops. 2. V. To gather a crop as a
Harassment. Unsolicited words or conduct harvest.
which tend to annoy, alarm or abuse anoth- Harvested material. Any part of a plant with
er person.
potential economic value or any product
Harbor. A place on the coast where vessels made directly therefrom in proper case. [Sec
may find shelter, esp. one protected from 3, RA 9168].

446
Harvesting. The gathering of the crops. Syn- toxicity of such waste, its persistence and
onymous with ―reaping.‖ degradability in nature, its potential for ac-
cumulation or concentration in tissue, and
Haul. 1. V. To pull or drag with effort or force.
other factors that may otherwise cause or
2. N. An amount of something gained or ac-
contribute to adverse acute or chronic ef-
quired.
fects on the health of persons or organism.
Hauler. Any person, whether natural or juridi- [Sec 4, RA 9275].
cal, engaged in the transport, distribution,
HDMF. See Home Develoment Mutual Fund.
hauling, and carriage of petroleum products,
whether in bulk or packed form, from the oil HDO. See Hold Departure Order.
companies and independent marketers to
Head of the family. 1. Any person so defined
the petroleum dealers and other consumers.
in the NIRC, as amended. [Sec. 2, RA
[Sec. 4, RA 8479].
9257]. 2. An unmarried or legally separated
Hazard. A dangerous phenomenon, sub- man or woman with one or both parents, or
stance, human activity or condition that may with one or more brothers or sisters, or with
cause loss of life, injury or other health im- one or more legitimate, recognized natural
pacts, property damage, loss of livelihood or legally adopted children living with and
and services, social and economic disrup- dependent upon him for their chief support,
tion, or environmental damage. [Sec. 3, RA where such brothers or sisters or children
10121]. are not more than 21 years of age, unmar-
ried and not gainfully employed or where
Hazardous. Risky; dangerous.
such children, brothers or sisters, regardless
Hazardous operation or process. Any act of of age are incapable of self-support bec. of
manufacturing, fabrication, conversion, etc., mental or physical defect. [Sec. 35, NIRC,
that uses or produces materials which are as amended].
likely to cause fires or explosions. [Sec. 3,
Heading. Also Headline or headnote. A part
PD 1185; Sec. 3, RA 9514].
of the statute of limiting and defining the
Hazardous substance. 1. Any substance or sections to which it refers and should be
mixture of substances which is toxic, corro- given effect acc. to its import as though it
sive, irritant, a strong sensitizer, flammable was in the body of the act.
or combustible, or generates pressure
Headworks. The composite parts of the irriga-
through decomposition, heat or other
tion system that divert water from natural
means, if such substance or mixture of sub-
bodies of water such as rivers, streams, and
stances causes any substantial injury or ill-
lakes. [Sec. 4, RA 8435].
ness during or as a proximate result of any
customary or reasonably foreseeable inges- Health. 1. A state of optimal physical, mental
tion by children. [Sec. 3, RA 10620]. and social well-being and the ability to func-
tion at the individual level. [Sec. 3, RA
Hazardous substances. Elements or com-
10532]. 2. The level of functional or meta-
pounds which when discharged in any quan-
bolic efficiency of a living being. In humans,
tity present imminent or substantial danger
it is the general condition of a person's mind
to public health and welfare. [Sec. 62, PD
and body, usu. meaning to be free from ill-
1152].
ness, injury or pain.
Hazardous waste. Any waste or combination
Health care. Social insurance for the ill and
of wastes of solid liquid, contained gaseous,
injured.
or semi-solid form which cause, of contrib-
ute to, an increase in mortality or an in- Health care provider. It refers to: (a) a health
crease in serious irreversible, or incapacitat- care institution , which is duly licensed and
ing reversible illness, taking into account accredited devoted primarily to the mainte-

447
nance and operation of facilities for health fication, and utilization recording. [Sec. 1,
promotion, prevention, diagnosis, injury, RA 9241].
disability, or deformity, drug addiction or in
Health personnel. Professionals and workers
need of obstetrical or other medical and
who manage and/or administer the entire
nursing care. It shall also be construed as
operations of health institutions and/or who
any institution, building, or place where
are involved in providing maternal and child
there are installed beds, cribs, or bassinets
health services. [Sec. 3, RA 10028; Sec. 3,
for 24-hour use or longer by patients in the
RA 7600].
treatment of diseases, injuries, deformities,
or abnormal physical and mental states, ma- Health products. Food, drugs, cosmetics,
ternity cases or sanitarial care; or infirma- devices, biologicals, vaccines, in-vitro diag-
ries, nurseries, dispensaries, rehabilitation nostic reagents and household or urban
centers and such other similar names by hazardous substances and/or a combination
which they may be designated; or (b) a of and/or a derivative thereof. It shall also
health care professional, who is any doctor refer to products that may have an effect on
of medicine, nurse, midwife, dentist, or other health which require regulations as deter-
health care professional or practitioner duly mined by the FDA. [Sec. 9, RA 9711].
licensed to practice in the Phils. and accred-
ited by the Phil. Health Ins. Corp. (PHIC); or Health Research and Development Act of
(c) a health maintenance org., which is enti- 1998. RA 8503 entitled ―An Act providing for
ty that provides, offers, or arranges for cov- the promotion of health research and devel-
erage of designated health services needed opment, establishing for the purpose the
Natl. Institutes of Health (NIH), defining its
by plan members for a fixed prepaid premi-
um; or (d) a community-based health org., objectives, powers and functions, and for
which is an assoc. of indigenous members other purposes‖ enacted on Feb. 13, 1998.
of the community organized for the purpose Health Research Stakeholders. The natl. and
of improving the health status of that com- the local public and private agencies / orgs.,
munity through preventive, promotive and policymakers, the academe, medical and
curative health services. [Sec. 1, RA 9241]. health societies, people‘s orgs. and others
Health care system. Governmental, non- who are concerned with and affected by
health and development. [Sec. 3, RA
governmental or private institutions or orgs.
engaged, directly or indirectly, in health care 10532].
for mothers, infants and pregnant women; Health Technology Assessment. Health Ins.
and nurseries or child care institutions. It al- A field of science that investigates the value
so includes health workers in private prac- of a health technology such as procedure,
tice. X x x the health care system does not process, products, or devices, specifically
include pharmacies or other established on their quality, relative cost-effectiveness
sales outlets. [Sec.4, EO 51, Oct. 20, 1986]. and safety. It usu. involves the science of
epidemiology and economics. It has implica-
Health institutions. Hospitals, health infirma-
ries, health centers, lying-in centers, or pu- tions on policy, decision to adopt and invest
ericulture centers with obstetrical and pedi- in these technologies, or in health benefit
atric services. [Sec. 3, RA 10028; Sec. 4, coverage. [Sec. 3, RA 10606].
RA 9288; Sec. 3, RA 7600]. Health worker. A person working in a compo-
nent of such health care system, whether
Health insurance identification (ID) card.
The document issued by the Phil. Health professional or non-professional, incl. volun-
Ins. Corp. to members and dependents up- teer workers. [Sec.4, EO 51, Oct. 20, 1986].
on their enrollment to serve as the instru- Health workers. All persons who are engaged
ment for proper identification, eligibility veri- in health and health-related work, and all

448
persons employed in all hospitals, sanitaria, sider the evidence presented. [Ang Tibay v.
health infirmaries, health centers, rural CIR, GR 46496. Feb. 27, 1940].
health units, barangay health stations, clin-
Hearsay. 1. Unverified information heard or
ics and other health-related establishments,
received from another; rumor. 2. Evidence
whether govt. or private, and shall include
based on the reports of others rather than
medical, allied health professional, adminis-
the personal knowledge of a witness and
trative and support personnel employed re-
therefore generally not admissible as testi-
gardless of their employment status. [Sec. 3,
mony.
RA 10028].
Hearsay evidence. 1. Any evidence, whether
Healthcare practitioner. Physicians, nurses,
oral or documentary, the probative value of
midwives, nursing aides and traditional birth
which is not based on the personal
attendants. [Sec. 4, RA 9288].
knowledge of the witness but on the
Health-related device. Any device not used in knowledge of some other person not on the
health care but has been determined by the witness stand. [Sec. 36, Rule 13, RoC]. 2.
FDA to adversely affect the health of the Evidence not of what the witness knows
people. [Sec. 9, RA 9711]. himself but of what he has heard from oth-
ers. [People v. Manhuyod, GR 124676. May
Healthy residual. A sound or slightly injured
20, 1998]. 3. Statements by a witness who
tree of the commercial species left after log-
did not see or hear the incident in question
ging. [Sec. 3, PD 705].
but heard about it from someone else.
Hearing. 1. A formal proceeding [generally Hearsay is usu. not admissible as evidence
less formal than a trial] with definite issues in court. Compare with Non-hearsay.
of law or of fact to be heard. Hearings are
Heart failure. Acute cardio-respiratory failure.
used extensively by legislative and adminis-
[De Clemente v. Workmen's Compensation
trative agencies. 2. [It] means that a party
Commission, GR L-42087. Apr. 8, 1988].
should be given a chance to adduce his evi-
dence to support his side of the case and Heavy durable. Any durable item not portable
that the evidence should be taken into ac- or too large to be shipped as accompanied
count in the adjudication of the controversy. personal item in the course of travel. [Cus-
[Gonzales v. Comelec, GR 52789, 19 Dec. toms AO 3-95, Dec. 6, 1995].
1980].
Heinous. 1. Grievous, odious and hateful.
Hearing de novo. A full new hearing. Also De [People v. Buyok, GR 109771. Aug. 25,
novo hearing. 1994]. 2. The etymological root of the word
was traced to the Early Spartans' word,
Hearing officers. Officers appointed or desig-
"haineus", meaning, hateful and abomina-
nated in the DOLE-Regional Office and au-
ble, which, in turn, was from the Greek pre-
thorized to hear and decide cases under
fix "haton", denoting acts so hatefully or
Sec. 2 of RA 6715 and whose decision is
shockingly evil. [Justice Kapunan‘s dissent-
appealable to the NLRC. [Sec. 1, Rule 1,
ing opinion, People v. Alicando, GR 117487
Book 5, IRR of LC].
Dec. 12, 1995].
Hearing, Right to a. The right of the party
Heinous crimes. Crim. Law. 1. Grievous,
interested or affected to present his own
odious and hateful offenses which, by rea-
case and submit evidence in support there-
son of their inherent or manifest wicked-
of. Not only must the party be given an op-
ness, viciousness, atrocity and perversity
portunity to present his case and to adduce
are repugnant and outrageous to the com-
evidence tending to establish the rights
mon standards and norms of decency and
which he asserts but the tribunal must con-
morality in a just, civilized and ordered soci-
ety. [RA 7659]. 2. A grave felony as defined

449
in the Rev. Penal Code, or an offense pun- Quack doctor. [People v. Malate, GR L-
ishable under special law, committed in a 40791. Sep. 11, 1982]. 3. Faith healer.
manner that is revolting or shocking to the [People v. Oliquino, GR 94703. May 31,
common sensibilities of man, whether delib- 1993].
erately sought or not, such as those attend-
Herencia futura. Sp. Future inheritance. [Blas
ed by cruelty, ignominy, treachery, and simi-
v. Santos, GR L-14070. Mar. 29, 1961].
lar circumstances. [Sec. 4, EO 3 (1992)].
Heritable. Able to be inherited; hereditary;
Heir. A person called to the succession either
inheritable.
by the provision of a will or by operation of
law. [Art. 782, CC]. Heritable condition. Any condition that can
result in mental retardation, physical deform-
Heir apparent. A person who is 1st in line of
ity or death if left undetected and untreated
succession and cannot be displaced from
and which is usu. inherited from the genes
inheriting, except by death or a change in
of either or both biological parents of the
the rules of succession.
newborn. [Sec. 4, RA 9288].
Heir presumptive. Someone who is 1st in line
Hermeneutics. The art of interpreting texts. It
to inherit a title but whose claim can be dis-
is used as a technique in critical legal stud-
placed at any time [in legal terms, is "subject
ies. It is the study of the methodological
to divestiture"] upon the occurrence of one
principles of interpretation and explanation.
or more events or sets of events for which
Also Legal hermeneutics.
the system of inheritance allows, such as
the birth of a more eligible heir. Hernandez doctrine. Also called the Doctrine
of absorption of common crimes. The
Heiress. A female heir, esp. to vast wealth.
rule enunciated in People v. Hernandez [99
Heirloom. A valuable object that has belonged Phil. Rep 515 (1956)] that the ingredients of
to a family for several generations. a crime form part and parcel thereof, and
hence, are absorbed by the same and can-
Help. In its ordinary connotation, to assist.
not be punished either separately therefrom
Hematoma. A swelling containing clotted or by the application of Art. 48 of the Rev.
blood, usu. caused by direct violence. Penal Code. [Enrile v. Amin, GR 93335,
Sep. 13, 1990]. It held that the crime of re-
Hepatoma. A cancer of the cells of the liver. bellion under the Rev. Penal Code of the
See Liver cancer.
Phils. is charged as a single offense, and
Herbal. Relating to or made from herbs, esp. that it cannot be made into a complex crime.
those used in cooking and medicine. Herrera-Veloso Law. RA 6715 or the New
Herbal medicines. Finished, labeled, medici- Labor Relations Law which took effect on
nal products that contain as active ingredi- Mar. 21, 1989.
ent/s aerial or underground part/s of plant or HGC. See Home Guaranty Corporation.
other materials or combination thereof,
whether in the crude state or as plant prepa- HIDC. See Holder in due course.
rations. Medicines containing plant materi-
Hidden act. The true agreement bet. the par-
al(s) combined with chemically-defined ac-
ties. [Villegas v. Rural Bank of Tanjay, Inc.,
tive substances, incl. chemically-defined,
GR 161407, June 5, 2009]. Compare with
isolated constituents of plants, are not con-
Ostensible act.
sidered to be herbal medicines. [Sec. 4, RA
8423]. Hidden defect. One which is unknown or
could not have been known to the vendee.
Herbolario. Tag. 1. Herb healer. [People v.
[Knecht v. CA, GR L-65114, Feb. 23, 1988].
Mercado, GR L-30298. Mar. 30, 1971]. 2.

450
Hidden treasure. Any hidden and unknown High level employee. One whose functions
deposit of money, jewelry, or other precious are normally considered policy determining,
objects, the lawful ownership of which does managerial or one whose duties are highly
not appear. [Art. 439, CC]. confidential in nature. [Arizala v. CA, GR
43633-34. Sep. 14, 1990].
Hierarchy. A group arranged acc. to rank or
authority. High seas. Intl. Law. 1. They are also treated
as res communes or res nullius, and thus,
Hierarchy of courts. Rem. Law. An ordained
are not territory of any particular state. The
sequence of recourse to courts vested with
traditional view is freedom of the high seas -
concurrent jurisdiction, beginning from the
they are open and available, without re-
lowest, on to the next highest, and ultimately
striction, to the use of all states for the pur-
to the highest. This hierarchy is determina-
pose of navigation, flight over them, laying
tive of the venue of appeals, and is likewise
submarine cables and pipes, fishing, re-
determinative of the proper forum for peti-
search, mining, etc. [Sandoval, Pol. Law
tions for extraordinary writs.
Reviewer 2003]. 2. The ocean areas outside
Hierarchy of courts doctrine. Rem. Law. An the territorial seas and maritime zones of
established policy that parties must observe coastal states. They are open to use by all
the hierarchy of courts before they can seek states for peaceful purposes.
relief directly from th[e Sup.] Court. Thera-
High-end or Luxury goods. Goods which are
tionale for this rule is twofold: (a) it would be
not necessary for life maintenance and
an imposition upon the limited time of th[e
whose demand is generated in large part by
Sup.] Court; and (b) it would inevitably result
the higher income groups. Luxury goods
in a delay, intended or otherwise, in the ad-
shall include, but are not limited to products
judication of cases, which in some instanc-
such as; jewelry, branded or designer cloth-
es, had to be remanded or referred to the
ing and footwear, wearing apparel, leisure
lower court as the proper forum under the
and sporting goods, electronics and other
rules of procedure, or as better equipped to
personal effects. [Sec. 3, RA 8762].
resolve the issues bec. th[e Sup.] Court is
not a trier of facts. [Hinog v. Melicor, GR Higher education. 1. Tertiary education or
140954, 12 Apr. 2005]. that which grants a degree after its comple-
tion. [Review Center Assocs. of the Phils. V.
Hierarchy of courts principle. Rem. Law.
Ermita, GR 180046, Apr. 2, 2009]. 2. Educa-
The principle stating that a higher court will
tion beyond the secondary level or educa-
not entertain direct resort to it unless the re-
tion provided by a college or university.
dress cannot be obtained in the appropriate
[Ibid., 1986 ed., p. 1068].
lower courts.
Higher Education Modernization Act of
Hierarchy of evidentiary values. (a) Proof
1997. RA 8292 entitled ―An Act providing for
beyond reasonable doubt at the highest lev-
the uniform composition and powers of the
el, followed by (b) clear and convincing evi-
governing boards, the manner of appoint-
dence, (c) preponderance of evidence, and
ment and term of office of the Pres. of char-
(d) substantial evidence, in that order.
tered state universities and colleges, and for
[Manalo v. Nieves-Confesor, GR 102358.
other purposes‖ enacted on June 6, 1997.
Nov. 19, 1992].
Highly technical industries. Trade, business,
High Contracting Parties. The signatories to
enterprise, industry, or other activity, which
the Warsaw Convention and those which
is engaged in the application of advanced
subsequently adhered to it. [Mapa v. CA,
technology. [Sec. 2, Rule 6, Book 3, IRR of
GR 122308. July 8, 1997].
LC].

451
Highly toxic substance. Any substance which Highway robbery or brigandage. The seizure
has any of the following effects: (a) produc- of any person for ransom, extortion or other
es death within 14 days to ½ or more than ½ unlawful purposes or the taking away of
of a group of 10 or more laboratory white property of another by means of violence
rats each weighing bet. 200 and 300 grams, against or intimidation of persons nor force
at a single dose of 50 milligrams or less per upon things or other unlawful means, com-
kilogram of body weight, when orally admin- mitted by any person on any Phil. Highway.
istered; or (b) produces death within 14 days [Sec. 2, PD 532].
to ½ or more of a group of 10 or more labor-
Hijack. 1. To stop and rob a vehicle in transit.
atory white rats each weighing bet. 200 and
2. To steal goods from a vehicle in transit.
300 grams, when inhaled continuously for a
3. To seize control of a moving vehicle by
period of one hour or less at an atmospheric
use of force, esp. in order to reach an alter-
concentration of 200 parts per million by
nate destination.
volume or less of gas or vapor or 2 milli-
grams per liter by volume or less of mist or Hijacker. A person who compels a change in
dust, provided such concentration is likely to the course or destination of an aircraft of
be encountered by man when the substance Phil. registry, or to seize or usurp the control
is used in any reasonably foreseeable man- thereof, while it is in flight (from the moment
ner, or (c) produces death within 14 days to all its external doors are closed following
½ or more of a group of 10 or more rabbits, embarkation until any of such doors is
when tested in a dosage of 200 milligrams opened for disembarkation), or compels an
or less per kilogram of body weight, or when aircraft of foreign registry to land in Phil. ter-
administered through continuous contact ritory or to seize or usurp the control thereof
with the bare skin for 24 hours or less. [Art. while it is within the said territory. [Sec. 1,
4, RA 7394]. RA 6235].
High-risk. Bad: not financially safe or secure. Hijacking. Also Aircraft piracy. The offense
committed by any person who shall compel
High-risk behavior. A person's frequent in-
a change in the course or destination of an
volvement in certain activities which in-
aircraft of Phil. registry, or to seize or usurp
crease the risk of transmitting or acquiring
the control thereof, while it is in flight (from
HIV. [Sec. 4, RA 8496].
the moment all its external doors are closed
High-value crops (HVC). Crops other than following embarkation until any of such
traditional crops which include, but are not doors is opened for disembarkation), or shall
limited to: coffee and cacao, fruit crops, root compel an aircraft of foreign registry to land
crops , vegetable crops, legumes, pole in Phil. territory or to seize or usurp the con-
sitao, spices and condiments, and cutflower trol thereof while it is within the said territory.
and ornamental foliage plants. [Sec. 4, RA [Sec. 1, RA 6235].
7900].
Hijo de puta. Sp. Son of a whore. [US v. Gil,
High-Value Crops Development Act of 1995. GR 4704. Apr. 26, 1909].
RA 7900 entitled ―An Act to promote the
Hiligaynon. An Austronesian language of the
production, processing, marketing and dis-
Hiligaynon people (those inhabiting Panay
tribution of high-valued crops, providing
and part of Negros, Phils.) related but not
funds therefor, and for other purposes‖ en-
mutually intelligible with Cebuano and fre-
acted on Feb. 23, 1995.
quently considered a dialect of Bisayan.
Highway robbers. See Brigands. [Bofill v. CA, GR 107930. Oct. 7, 1994, 1986
Ed., p. 1069].
Highway robbery. Informal. The exaction of
an exorbitantly high price or fee. Hilot. Tag. An unlicensed midwife. [People v.
Sendon, GR 101579-82. Dec. 15, 1993].

452
Hipag. Tag. Sister-in-law. Sometimes loosely HIV or AIDS monitoring. The documentation
used to refer to a (female) cousin-in-law. and analysis of the number of HIV or AIDS
Compare with Bilas and Bayaw. infections and the pattern of its spread.
[Sec. 4, RA 8496].
Hire. 1. To engage the services of [a person]
for a fee; employ: 2. To engage the tempo- HIV or AIDS prevention and control.
rary use of for a fee; rent. Measures aimed at protecting non-infected
from contracting HIV and minimizing the im-
Hire and fire. Labor. The right of an employer
pact of the condition of persons living with
to dismiss an employee, when the employ-
HIV. [Sec. 4, RA 8496].
ment is without a definite period, at any
time, with or without cause, provided that, if HIV or Human Immuno-deficiency Virus. An
the dismissal is without cause, the employer infection by one of 2 viruses that progres-
gives the employee the necessary notice or sively destroys white blood cells called lym-
termination pay. phocytes, causing Acquired Immune Defi-
ciency Syndrome (AIDS) and other diseases
Hiring. Labor. 1. Employing someone for wag-
that result from the impaired immunity. [Es-
es. 2. Employing for a short time to do a par-
carcha v. Leonis Navigation Co., Inc., GR
ticular job.
182740, July 5, 2010]. Compare with AIDS.
Hiring agreement. Labor. An agreement
HIV testing. Any laboratory procedure done
whereby the employer is obliged to hire only
on an individual to determine the presence
those union members in hiring agreement.
or absence of HIV infection. [Sec. 3, RA
However, it does not necessarily mean that
8504].
union members should maintain their mem-
bership as a condition sine qua non for em- HIV transmission. The transfer of HIV from
ployment. [Poquiz, Labor Rel. Law, 1999 one infected person to an uninfected indi-
Ed. p. 157]. vidual, most commonly through sexual inter-
course, blood transfusion, sharing of intra-
Hiring hall arrangement. Labor. An arrange-
venous needles and during pregnancy.
ment where the employer requisitions new
[Sec. 3, RA 8504].
employees directly from the union business
agent. [Poquiz, Labor Rel. Law, 1999 Ed. p. HIV-negative. The absence of HIV or HIV
156]. antibodies upon HIV testing. [Sec. 3, RA
8504].
Historic bays. Intl. Law. Bays whose waters
are considered internal but which should not HIV-positive. The presence of HIV infection as
have that character were it not for the exist- documented by the presence of HIV or HIV
ence of a historic title. Examples are the Bay antibodies in the sample being tested. [Sec.
of Cancale in France, the Bay of El-Arab in 3, RA 8504].
Egypt, and Hudson Bay in Canada. [Cruz,
HLURB. See Housing and Land Use Regu-
latory Board.
Historical site. Any place, province, city, town
HNIDC. See Holder not in due course.
and/or any location and structure which has
played a significant and important role in the Hoard. 1. A hidden fund or supply stored for
history of our country and nation. Such sig- future use; a cache. 2. To gather or accumu-
nificance and importance may be cultural, late a hoard.
political, sociological or historical. [Sec. 3,
RA 4846]. Hoarding. The undue accumulation of a trader
of petroleum and/or products beyond his or
HIV. Human Immuno-deficiency Virus. its normal inventory levels, and/or unjustified
refusal to dispose of, sell or distribute the

453
same to consumers; or the unreasonable Holder. Nego Inst. Classes: (a) Holders in
accumulation by a person other than a trad- general (Simple Holders) [Sec. 51, NIL]; (b)
er of petroleum and/or petroleum products. Holders for value. [Sec. 26, NIL]; and (c)
[Sec. 2, PD 1865; Sec. 3, BP 33]. Holders in due course. [Secs. 52 & 57, NIL].
Hoax. Something done for deception or mock- Holder for value. Nego. Inst. 1. One who
ery, or trick played off in sport; a practical must meet all the requirements of a holder
joke. in due course under Sec. 52 of the Nego.
Inst. Law except notice of want of considera-
Hoc quidem per quam durum est sed ita lex
tion. [Agbayani, Comm. Laws of the Phil.,
scripta est. Lat. The law may be exceeding-
1964, p. 208]. 2. If he does not qualify as a
ly hard, but so the law is written. [People v.
holder in due course, then he holds the in-
Palermo, GR 120630, June 28, 2001].
strument subject to the same defenses as if
Hodge-podge legislation. Also Log-rolling it were non-negotiable. [Sec. 26, NIL].
legislation. A mischievous legislative prac-
Holder in bad faith. Nego. Inst. A person who
tice of embracing in one bill several distinct
acquires an instrument knowing that it was
matters, none of which, perhaps, could sin-
not properly negotiated to him.
gly obtain the assent of the legislator, and
then procuring its passage by a combination Holder in due course (HIDC). Nego. Inst. 1. A
of the minorities in favor of each of the holder who has taken the instrument under
measure into a majority that will adopt them the following conditions: (a) That it is com-
all. The object of such kind of legislation is plete and regular upon its face; (b) that he
to unite the legislators who favor any one of became the holder of it before it was over-
the subjects in support of the whole act. due, and without notice that it had been pre-
[Suarez, Stat. Con., (1993), p. 44]. Compare viously dishonored, if such was the fact; (c)
with One-subject, one-title rule. That he took it in good faith and for value;
(d) that at the time it was negotiated to him
Hoist. The part of the flag nearest the staff or
he had no notice of any infirmity in the in-
the canvass to which the halyard is at-
strument or defect in the title of the person
tached. [Sec. 3, RA 8491].
negotiating it. [Sec. 52, NIL]. 2. A holder
Hold Departure Order (HDO). An order is- who acquires a negotiable instrument for
sued by a competent authority, preventing value, in good faith, and without notice that it
the departure of an individual for a lawful is overdue, has been dishonored, or that
cause. It is intended to bind or obligate, to persons required to pay on it have some val-
restrain or constrain, to keep in custody or id excuse for not doing so.
under obligation, a person for his/her acts
Holder in due course, Rights of a. Nego.
committed within the Phils. [It is] implement-
Inst. An HIDC has the right to (a) hold the
ed by the Commissioner of Immigration,
instrument free from defences available to
pursuant to an order issued by the Pres., the
parties among themselves; (b) hold the in-
Sec. of Justice or the RTCs, commanding
strument free from any defect of title of prior
him/her to prevent the departure for abroad
parties; (c) receive payment; (d) enforce
of Filipinos or aliens named in the order.
payment of the instrument for the full
Compare with Allow Departure Order.
amount thereof against all parties liable; and
Holder. Nego. Inst. 1. The payee or indorsee (e) sue.
of a bill or note who is in possession of it, or
Holder not in due course (HNIDC). Nego.
the bearer thereof. [Sec. 191, NIL]. 2. A per-
Inst. 1. One who became a holder of an in-
son who acquires an instrument by negotia-
strument without any of the requisites under
tion.
Sec. 52 of NIL; or 2. One to whom an in-
strument payable on demand is negotiated

454
after an unreasonable length of time from ingly permits the agent to assume, or which
issue. [Sec. 53, NIL]. he holds to the agent out to the public as
possessing. The question in every case is
Holder not in due course, Rights of a. Nego.
whether the principal has by his voluntary
Inst. An HNIDC has the rights similar to an
act placed the agent with business usages
assignee. His other rights are: (a) He may
and the nature of the particular business, is
receive payment and if the payment is in
justified in presuming that such agent has
due course, the instrument is discharged;
authority to perform the particular act in
(b) He is entitled to the instrument but holds
question. Also Apparent authority, or Doc-
it subject to the same defenses as if it were
trine of ostensible agency.
non-negotiable; and (c) He may sue on the
instrument in his own name. [Sec. 5, NIL]. Hold-Order. An order to temporarily prevent a
person from leaving the country where his
Holder of a receipt. A person who has both
departure will prejudice, hamper or other-
actual possession of such receipt and a right
wise obstruct the task of the PCGG in the
of property therein. [Sec. 58, Act 2137].
enforcement of EOs 1; and 2. bec. such
Holding a director or officer personally person is known or suspected to be involved
liable for corporate obligations. Corp. in the properties or transactions covered by
Law. Requisites: (a) Complainant must al- said EOs. [Kwong v. PCGG, GR 79484.
lege in the complaint that the director or of- Dec. 7, 1987, PCGG Rules and Regulations
ficer assented to patently unlawful acts of dated 11 Apr. 1986].
the corp., or that the officer was guilty of
Hold-over. 1. A person or thing remaining
gross negligence or bad faith; and
from a former period. 2. A renter who re-
(b) complainant must clearly and convinc-
mains in a property after the expiration of
ingly prove such unlawful acts, negligence
the lease.
or bad faith. [Francisco v. Mallen, Jr., GR
173169. Sep. 22, 2010]. Hold-over doctrine. 1. Admin. Law. The doc-
trine that provides that an elected official
Holding corporation or company. 1. A corp.
should remain in office until a newly-elected
or company which controls another as a
or appointed officer takes the oath of office.
subsidiary by the power to elect manage-
2. Corp. Law. Doctrine of hold-over. [The
ment. It holds stocks in other companies for
doctrine holding that], as a general rule, of-
purposes of control rather than for mere in-
ficers and directors of a corp. hold over after
vestment. 2. Corp. or company owned by a
the expiration of their terms until such time
parent or parents to supervise and coordi-
as their successors are elected or appoint-
nate the operations of subsidiary compa-
ed. Sec. 23 of the Corp. Code contains a
nies. See Parent corporation.
provision to this effect. [Señeres v. Come-
Holding out. Having and keeping in one's lec, GR 178678, Apr. 16, 2009].
grasp: holding the reins tightly.
Hold-over rule. [The common-law rule that]
Holding out doctrine. Also known as the "in the absence of an express or implied
Agency by estoppel doctrine. The doc- constitutional or statutory provision to the
trine where the principal will be estopped contrary, an officer is entitled to hold his of-
from denying the grant of authority if 3rd fice until his successor is appointed or cho-
parties have changed their positions to their sen and has qualified. [Nueno v. Angeles,
detriment in reliance on the representations GR L-89 Feb. 1, 1946].
made.
Hold-over status. Admin. Law. When a public
Holding out theory. The rule under which the officer is placed on hold-over status, it
principal is bound by the acts of his agent means that his term has expired or his ser-
with the apparent authority which he know- vices terminated but he should continue

455
holding his office until his successor is ap- need not be witnessed. [Ajero v. CA, GR
pointed or chosen and has qualified. 106720. Sep. 15, 1994; Art. 810, CC]. 2. A
[Blaquera v. CSC, GR 103121. Sep. 10, will written entirely in the testator‘s handwrit-
1993]. ing and not witnessed. Compare with Notar-
ial will.
Holdup. The act of forcibly stopping and rob-
bing. Robbery under threat of violence or an Holographic will, Probate of. Succ. Issues to
armed robbery. An assault on a person for be resolved: (a) Whether the instrument
the purpose of robbery. submitted is, indeed, the decedent's last will
and testament; (b) whether said will was ex-
Holdupper. A robber, a thief etc.
ecuted in accordance with the formalities
Holistic. Emphasizing the importance of the prescribed by law; (c) whether the decedent
whole and the interdependence of its parts. had the necessary testamentary capacity at
the time the will was executed; and, (d)
Holistic test. The test in determining whether whether the execution of the will and its
colorable imitation exists which mandates
signing were the voluntary acts of the dece-
that the entirety of the marks in question dents. [Montañano v. Suesa, GR L-4724
must be considered in determining confus- Dec. 34, 1909].
ing similarity. In determining whether the
trademarks are confusingly similar, a com- Holy Bible. A collection of ancient texts, be-
parison of the words is not the only determi- lieved by most Christiians to be ordained by
nant factor. The trademarks in their entirety God, our Creator. It contains the ancient Bi-
as they appear in their respective labels or ble of the Hebrews [The Old Testament]
hang tags must also be considered in rela- which is histories, laws and prophets, as
tion to the goods to which they are attached. well as the Psalms [worshipful songs] and
The discerning eye of the observer must fo- Proverbs [wise sayings]. In addition, the Ho-
cus not only on the predominant words but ly Bible consists of the New Testament,
also on the other features appearing in both which holds stories of Jesus, His life, works
labels in order that he may draw his conclu- and records of demonstrations of His divini-
sion whether one is confusingly similar to ty; acts of His apostles; letters [epistles]
the other. [Emerald Garment Mfg. Corp. v. from His apostles to various churches; and a
CA, GR 100098. Dec. 29, 1995]. Compare book of prophesy [Revelations].
with Dominancy test.
Holy Qur'an. The Muslim Holy Scripture. [Sulu
Holmes dictum. The reassuring words of Mr. Islamic Assoc. of Masjid Lambayong v. Ma-
Justice Holmes of the US Sup. Court: "The lik, AM MTJ-92-691. Sep. 10, 1993].
power to tax is not the power to destroy
Home. The place where one lives permanent-
while this Court sits.‖ [McColloch v. Mary-
ly, esp. as a member of a family or house-
land 4 Wheaton 316]. Compare with Mar-
hold.
shall dictum. See Power to tax is not the
power to destroy. Home care and medical rehabilitation ser-
vices. Skilled nursing care, which members
Holographic. 1. Of or relating to holography or
get in their homes or clinics for the treatment
holograms. 2. Of or being a document writ-
of an illness or injury that severely affects
ten wholly in the handwriting of the person
their activities or daily living. Home care and
whose signature it bears.
medical rehabilitation services include hos-
Holographic will. Succ. 1. A will executed by pice or palliative care for people who are
the testator which must be entirely written, terminally ill but does not include custodial
dated, and signed by the hand of the testa- and non-skilled personal care. [Sec. 1, RA
tor himself. It is subject to no other form, and 9241].
may be made in or out of the Phils., and

456
Home consumption value. The price of the ing or consummated at the buyer's resi-
same, like or similar articles as bought and dence or a place of business, at the seller's
sold or offered for sale freely in the usual transient quarters, or away from a seller's
wholesale quantities in the ordinary course regular place of business. [Sec. 4, RA
of trade, in the principal markets of the 7394].
country from where exported on the date of
Home Study Report. A written report pre-
exportation to the Phils. [Sec. 210, Tariff and
pared by a social worker containing the
Customs Code].
necessary information on a prospective par-
Home consumption value or price. The ent or family member. [Sec. 3, RA 10165].
value or price declared in the consular,
Homelot. The contiguous area where the ten-
commercial, trade or sales invoice, certified
ant-farmer beneficiary has established his
to as correct under penalties of perjury by
permanent dwelling with the consent of the
the Phil. consul at the port of origin if there is
landowner, incl. the areas utilized for raising
any. [Sec. 1, PD 1358].
vegetables, poultry, pigs and other animals
Home Development Mutual Fund (HDMF). or for engaging in minor home industries.
Also known as the Pag-IBIG Fund. The
Homeowner. Any of the following: (a) An
Fund, popularly known as Pag-IBIG Fund
owner or purchaser of a lot in a subdivision
(Pagtutulungan sa Kinabukasan: Ikaw,
or village; (b) An awardee, usufructuary, or
Bangko, Industriya at Gobyerno) created by
legal occupant of a unit, house and/or lot in
virtue of PD 1530 on June 11, 1978 to pro-
a govt. socialized or economic housing or
vide its members with adequate housing
relocation project and other urban estates;
through an effective savings scheme by
or (c) An informal settler in the process of
harnessing the 4 sectors of Phil. Society,
being accredited as beneficiary or awardee
namely: the financial institutions, the indus-
of ownership rights under the CMP, LTAP,
trial sector, the govt., and the Fil. people. It
and other similar programs. [Sec. 3, RA
was created to address 2 of the nation's
9904].
basic concerns: (a) the generation of sav-
ings and (b) providing shelter for Filipino Homestead. 1. The home, the house and the
workers. adjoining land where the head of the family
dwells; the home farm; the fixed residence
Home Guaranty Corporation (HGC). The
of the head of a family, with the land and
GOCC mandated by RA 8763 to promote
buildings surrounding the main house. [Pe-
sustainable home ownership by providing
ña, Phil. Law on Natural Resources, 1997
risk coverage or Guarantees and tax/fiscal
Rev. Ed., p. 32]. 2. An artificial estate in
incentives to banks and financial institutions
land, devised to protect the possession and
or investors granting housing development
enjoyment of the owner against the claims
loans or credits, and home financing.
of his creditors, by withdrawing the property
Home health care service. Health or support- from execution and forced sale, so long as
ive care provided to the senior citizen pa- the land is occupied as a home. [Peña, Phil.
tient at home by licensed health care pro- Law on Natural Resources, 1997 Rev. Ed.,
fessionals to include, but not limited to, phy- p. 32]. 3. It is intended to give the home-
sicians, nurses, midwives, physical therapist steader every chance to preserve and keep
and caregivers. [Sec. 3. RA 9994]. for himself and his family the land that the
State had gratuitously granted him as re-
Home solicitation sale. Consumer sales or
ward for his labor in clearing and cultivating
leases which are personally solicited by any
it. [Pascua v. Talens, GR L-348 Apr. 30,
person or org. by telephone, person-to-
1948].
person contact or by written or printed
communication other than general advertis-

457
Homestead patent. One issued to: any citizen Honeste vivere, non alterum laedere et jus
of the Phils.; over the age of 18 years or the suum cuique tribuere. Lat. To live virtuous-
head of a family; who is not the owner of ly, not to injure others and to give everyone
more than 24 hectares of land in the Phils. his due. [Uypitching v. Quiamco, GR
or has not had the benefit of any gratuitous 146322, Dec. 6, 2006].
allotment of more than 24 hectares of land
Honesty. Being trustworthy, loyal, fair, and
since the occupation of the Phils. by the US.
sincere.
The applicant must show that he has com-
plied with the residence and cultivation re- Honoraria. Pl. of Honorarium. Payments
quirements of the law; must have resided given for professional services that are ren-
continuously for at least one year in the mu- dered nominally without charge.
nicipality where the land is situated; and
must have cultivated at least 1/5 of the land Honorarium. Something given not as a matter
applied for. [Rep. v. CA, GR 112115. Mar. 9, of obligation but in appreciation for services
rendered. [Santiago v. COA, GR 92284. July
2001]. Compare with Free patent.
12, 1991].
Homicidal. Of, relating to, or tending toward
murder. Honorary. Conferred as an honor, without the
usual requirements or functions.
Homicidal impulse. Legal Med. An irresistible
impulse to kill prompted by an insane delu- Hood. A covering usu. of cloth or leather for
sion either as a necessity of self-defense or the head and neck and sometimes the
avenging for justice, or as to the patient shoulders that is attached to a garment or
himself thinking that he is the appointed worn separately and is made with a loose of
close-fitting opening for the face. [People v.
messiah of justice. [Olarte, Legal Med., 1st
Ed. (2004), p. 151]. Almenario, GR 66420. Apr. 17, 1989, 1971
Ed.]. Compare with Mask.
Homicide. Crim. Law. 1. The felony committed
Hooker. A prostitute.
by any person who, not falling within the
provisions of Art. 246, shall kill another with- Hooking. An arrastre service which requires
out the attendance of any of the circum- one person to perform the routinary task of
stances enumerated in Art. 248 of the Rev. attaching the sling holding the prepared car-
Penal Code. [Art. 249, RPC]. 2. All occa- go to a hook attached to a cable that would
sions where one human being, by act or lift such cargo to the vessel.
omission, takes away the life of another.
Horizontal exit. Passageway from one build-
Homicide. Crim. Law. Elements: (a) That a ing to another or through or around a wall in
person was killed; (b) that the accused killed approximately the same floor level. [Sec. 3,
him without any justifying circumstance; (c) PD 1185; Sec. 3, RA 9514].
that the accused had the intention to kill,
which is presumed; (d) that the killing was Hornbook. A primer of basics.
not attended by any of the qualifying cir- Hornbook law or Black letter law. A funda-
cumstances of murder, or by that of parri- mental and well-accepted legal principle that
cide or infanticide. [People v. Rosales, GR does not require any further explanation,
86390. June 30, 1993]. since a hornbook is a primer of basics.
Homosexuals. Legal Med. Persons whose Hornbook principle. A fundamental and well-
sexual desire is toward the same sex. accepted legal principle that does not re-
[Olarte, Legal Med., 1st Ed. (2004), p. 113]. quire any further explanation.
Honeste vivere. Lat. To live honorably. [In re: Hors de combat. A person who: (a) is in the
Jurado, AM 93-2-037 SC. Apr. 6, 1995]. power of an adverse party; (b) has clearly

458
expressed an intention to surrender; or (c) Hospital Detention Law. RA 9439 entitled ―An
has been rendered unconscious or Act Prohibiting the Detention of Patients in
otherwise incapacitated by wounds or Hospitals and Medical Clinics on Grounds of
sickness and therefore is incapable of Nonpayment of Hospital Bills or Medlcal Ex-
defending himself: Provided, that in any of penses‖ enacted on Apr. 27, 2007.
these cases, the person form any hostile act
Hospital-based blood bank. A blood bank
and does not attempt to escape. [Sec. 3, RA
which is located within the premises of a
9851].
hospital and which can perform compatibility
Hose box. A box or cabinet where fire hoses, testing of blood. [Sec. 3, RA 7719].
valves and other equipment are stored and
Hostel. An establishment that provides cheap
arranged for fire fighting. [Sec. 3, PD 1185;
food and lodging for a specific group of peo-
Sec. 3, RA 9514].
ple, such as students, workers, or travelers.
Hose reel. A cylindrical device turning on an See Hotel.
axis around which a fire hose is wound and
Hostile. Unfriendly; antagonistic.
connected. [Sec. 3, PD 1185; Sec. 3, RA
9514]. Hostile blockade. This is a naval operation
where one country that is at war with anoth-
Hospital. 1. A facility devoted primarily to the
er prevent the entry of vessels and/or goods
diagnosis, treatment and care of individuals
into the port of the other. Compared with a
suffering from illness, disease, injury or de-
pacific blockade the flotilla of vessels that
formity, or in need of obstetrical or other
enforce the blockade may be situated even
medical and nursing care. It shall also be
within the territorial sea of the state that is
construed as any institution, building or
blockade.
place where there are facilities and person-
nel for the continued and prolonged care of Hostile embargo. An instance where the
patients. [Sec. 2, RA 8344]. 2. Place devot- properties, vessels and aircrafts detained
ed primarily to the maintenance and opera- are of the state with which the detaining
tion of facilities for the diagnosis, treatment state is in conflict. [Fenwick, Intl. Law, p.
and care of individuals suffering from illness, 435)
disease, injury or deformity, or in need of
obstetrical or other medical and nursing Hostile witness. A witness whose testimony is
not favorable to the party who calls him or
care. The term shall also be construed as
any institution, building or place where there her as a witness. A hostile witness may be
are installed beds, or cribs, or bassinets for asked leading questions and may be cross-
examined by the party who calls him or her
24-hour use or longer by patients in the
treatment of diseases, diseased-conditions, to the stand.
injuries, deformities, or abnormal physical Hostility. Hostile behavior; unfriendliness or
and mental states, maternity cases, and all opposition.
institutions such as those for convales-
cence, senatorial or sanitarial care, infirmi- Hot Meat. The carcass or parts of carcass or
ties, nurseries, dispensaries and such other food animals which were slaughtered from
names by which they may designated. [Sec. unregistered / unaccredited meat establish-
2, RA 4226]. ments and have not undergone the required
inspection. It also includes undocumented,
Hospital detention. The act of detaining pa- illegally shipped, and unregistered carcass,
tients in hospitals and medical clinics on parts of carcass and meat products coming
grounds of nonpayment of hospital bills or from other countries and those that are
medlcal expenses. classified as hot meat by the NMIS. [Sec. 4,
RA 9296]. See Double-dead meat.

459
Hot pursuit. 1. Crim Law. A doctrine that pro- ing of travelers, tourists, or vacationers, and
vides that the police may enter the premises provides other services incidental thereto for
where they suspect a crime has been com- a fee. [Art. 5, IRR of RA 9994].
mitted without a warrant when delay would
Hours worked. Hours worked shall include (a)
endanger their lives or the lives of others
all time during which an employee is re-
and lead to the escape of the alleged perpe-
quired to be on duty or to be at a prescribed
trator; also sometimes called Fresh pursuit.
workplace, and (b) all time during which an
2. Intl. Law. The uninterrupted pursuit by a
employee is suffered or permitted to work.
coastal state's warships or military aircraft of
[Art. 84, LC].
a fleeing foreign ship from a coastal state's
internal waters, archipelagic waters, territo- House sewer. The pipe line conveying sew-
rial sea, contiguous zone, exclusive eco- age from the house or building to the septic
nomic zone, or continental shelf onto the tank or to any point of discharge. [Sec. 71,
high seas for the purpose of arresting it. The PD 856].
pursuit must be discontinued if the fleeing
ship enters its own or another state's territo- Househelper. Synonymous to the Domestic
rial sea. servant. Any person, whether male or fe-
male, who renders services in and about the
Hot pursuit doctrine. Intl. Law. The doctrine employer's home and which services are
holding that if an offense is committed by a usu. necessary or desirable for the mainte-
foreign merchant vessel within the territorial nance and enjoyment thereof, and ministers
waters of the coastal state, its own vessels exclusively to the personal comfort and en-
may pursue the offending vessel into the joyment of the employer's family. [Apex Min-
open sea and upon capture bring it back to ing Co., Inc. v. NLRC, GR 94951. Apr. 22,
its territory for punishment. However, to be 1991].
lawful, the pursuit must have begun before
Household. 1. The immediate members of the
the offending vessel has left the territorial
waters, or the contiguous zone of the family or the occupants of the house that are
coastal state; the pursuit must be continu- directly provided services by the domestic
ous and unabated; and it ceases as soon as worker. [Sec. 4, RA 10361]. 2. A non-
the ship being pursued enters the territorial seasonal dwelling capable of receiving ser-
vice safely, incl. apartments and other dwell-
sea of its own, or a 3rd state. [Sandoval,
Pol. Law Reviewer 2003]. ing combinations. [Sec. 3, PD 269].
Hotel. 1. A building where transient guests are Household or Urban hazardous substance.
(1) Any substance or mixture of substances
received and are supplied with and charged
for meals, lodging and other services. [Sec. intended for individual or limited purposes
63, PD 856]. 2. Any house or building or and which is toxic, corrosive, an irritant, a
portion thereof in which any person or per- strong sensitizer, is flammable or combus-
sons may be regularly harbored or received tible, or generates pressure through decom-
position, heat or other means, if such sub-
as transient or guests. A hotel shall be con-
sidered as living quarters and shall have the stance or mixture of substances may cause
privilege to accept any number of guests substantial injury or substantial illness dur-
and to serve food to the guests therein. ing or as a proximate result of any custom-
[Sec. 1, PD 426]. Compare with Motel. ary or reasonably foreseeable ingestion by
children, but shall not include agricultural
Hotel or Hostel. An establishment whose fertilizer, pesticide, and insecticide, and oth-
building, edifice or premises, incl. a com- er economic poisons, radioactive substance,
pletely independent part thereof such as cot- or substances intended for use as fuels,
tages, cabanas, or huts, are used for the coolants, refrigerants and the like; (2) Any
regular reception, accommodation or lodg- substance which the FDA finds to be under

460
the categories enumerated in clause (1) of acquire knowledge and skills, and to have
this par.; (3) Any toy or other articles intend- access to the resources needed to afford a
ed for use by children which the FDA may decent standard of living. This index looks at
determine to pose an electrical, chemical, a minimum of 3 outcomes of development:
physical, or thermal hazard; and (4) This the state of health [measured by life expec-
term shall not apply to food, drugs, cosmet- tancy at birth], the level of knowledge and
ics, devices, or to substances intended for skill [measured by a weighted average of
use as fuels when stored in containers and adult literacy and enrollment rates], and the
used in the heating, cooking or refrigeration level of real income per capita, adjusted for
system of a house, but such term shall apply poverty considerations. [Sec. 3, RA 8425].
to any article which is not in itself an agricul-
Human fighting fish. The actual act of coitus
tural pesticide but which is a hazardous
or copulation. [People v. Padan, GR L-7295,
substance, as construed in Par. (1) of this
June 28, 1957].
Sec., by reason of bearing or containing
such harmful substances described therein. Human immunodeficiency virus (HIV). The
[Sec. 9, RA 9711]. virus which causes AIDS. [Sec. 3, RA 8504].
Housing and Land Use Regulatory Board Human resource management (HRM or HR).
(HLURB). A natl. govt. agency tasked as the The management of an org.'s workforce, or
planning, regulatory and quasi-judicial body human resources. It is responsible for the
for land use development and real estate attraction, selection, training, assessment,
and housing regulation. These roles are and rewarding of employees, while also
done via a triad of strategies namely, policy overseeing organizational leadership and
development, planning and regulation. culture, and ensuring compliance with em-
ployment and labor laws.
Housing Loan Condonation Act of 1998. RA
8501 entitled ―An Act to Rescue the Natl. Human resources. The set of individuals who
Sshelter Program of the Govt. by Condoning make up the workforce of an org., business
the Penalties on All Outstanding or Delin- sector or an economy.
quent Housing Loan Accounts with any of
the Govt. Institutions and Agencies Involved Human resources development (HRD). The
in the National Shelter Program and by process by which the actual and potential
labor force is made to systematically acquire
Amending PD 1752, as Amended‖ enacted
on Feb. 13, 1998. greater knowledge, skills or capabilities for
the nation's sustained economic and social
HR. See Human Resource Management. growth. [Sec. 1, Rule 1, Book 2, IRR of LC].
HRD. See Human Resources Develoment. Human rights. 1. The universally accepted
traits and attributes of an individual, along
HRM. See Human Resource Management.
with what is generally considered to be his
HRVV. See Human Rights Violations Victim. inherent and inalienable rights, encompass-
ing almost all aspects of life. [Simon, Jr. v.
Human capital. The term which is sometimes
CHR, GR 100150. Jan. 5, 1994]. 2. Basic
used synonymously with Human re-
rights intended to protect all people from
sources, although human capital typically
cruel and inhumane treatment, threats to
refers to a narrower view; i.e., the
their lives, and persecution.
knowledge the individuals embody and can
contribute to an org. Human Rights Victims’ Claims Board. An
independent and quasi-judicial body created
Human development index (HDI). The
under RA 10368 mandated, among other
measure of how well a country has per-
functions, to receive, evaluate, process and
formed, based on social indicators of peo-
ple's ability to lead a long and healthy life, to

461
investigate applications for claims under that known as the ―Anti-Enforced or Involuntary
Act. Disappearance Act of 2012″; (4) Any force
or intimidation causing the involuntary exile
Human Rights Victims Reparation and
of a person from the Phils; (5) Any act of
Recognition Act of 2013. RA 10368 enti-
force, intimidation or deceit causing unjust
tled ―An Act providing for reparation and
or illegal takeover of a business, confisca-
recognition of victims of human rights viola-
tion of property, detention of owner/s and or
tions during the marcos regime, documenta-
their families, deprivation of livelihood of a
tion of said violations, appropriating funds
person by agents of the State, incl. those
therefor and for other purposes‖ enacted on
caused by Ferdinand E. Marcos, his spouse
Feb. 25, 2013.
Imelda R. Marcos, their immediate relatives
Human rights violation. Any act or omission by consanguinity or affinity, as well as those
committed during the period from Sep. 21, persons considered as among their close
1972 to Feb. 25, 1986 by persons acting in relatives, associates, cronies and subordi-
an official capacity and/or agents of the nates under EO 1, issued on Feb. 28, 1986
State, but shall not be limited to the follow- by then Pres. Corazon C. Aquino in the ex-
ing: (1) Any search, arrest and/or detention ercise of her legislative powers under the
without a valid search warrant or warrant of Freedom Consti.; (6) Any act or series of
arrest issued by a civilian court of law, incl. acts causing, committing and/or conducting
any warrantless arrest or detention carried the following: (i) Kidnapping or otherwise
out pursuant to the declaration of Martial exploiting children of persons suspected of
Law by former Pres. Ferdinand E. Marcos committing acts against the Marcos regime;
as well as any arrest., detention or depriva- (ii) Committing sexual offenses against hu-
tion of liberty carried out during the covered man rights victims who are detained and/or
period on the basis of an ―Arrest, Search in the course of conducting military and/or
and Seizure Order (ASSO)‖, a ―Presidential police operations; and (iii) Other violations
Commitment Order (PCO)‖ or a ―Preventive and/or abuses similar or analogous to the
Detention Action (PDA)‖ and such other sim- above, incl. those recognized by intl. law.
ilar executive issuances as defined by de- [Sec. 3, RA 10368].
crees of former Pres. Ferdinand E. Marcos,
Human Rights Violations Victim (HRVV). A
or in any manner that the arrest, detention
person whose human rights were violated
or deprivation, of liberty was effected; (2)
by persons acting in an official capacity
The infliction by a person acting in an official
and/or agents of the State as defined herein.
capacity and/or an agent of the State of
In order to qualify for reparation under RA
physical injury, torture, killing, or violation of
10368, the human rights violation must have
other human rights, of any person exercising
been committed during the period from Sep.
civil or political rights, incl. but not limited to
21, 1972 to Feb. 25, 1986: Provided, how-
the freedom of speech, assembly or org.;
ever, That victims of human rights violations
and/or the right to petition the govt. for re-
that were committed 1 month before Sep.
dress of grievances, even if such violation
21, 1972 and 1 month after Feb. 25, 1986
took place during or in the course of what
shall be entitled to reparation, under RA
the authorities at the time deemed an illegal
10368 if they can establish that the violation
assembly or demonstration: Provided, That
was committed: (a) by agents of the State
torture in any form or under any circum-
and/or persons acting in an official capacity
stance shall be considered a human rights
as defined hereunder; (b) for the purpose of
violation; (3) Any enforced or involuntary
preserving, maintaining, supporting or pro-
disappearance caused upon a person who
moting the said regime; or (c) to conceal
was arrested, detained or abducted against
abuses during the Marcos regime and/or the
one‘s will or otherwise deprived of one‘s lib-
effects of Martial Law. [Sec. 3, RA 10368].
erty, as defined in RA 10350, otherwise

462
Human security. People's "safety from chron- Hybrid. A thing made by combining 2 different
ic threats and protection from sudden hurtful elements; a mixture.
disruptions in the patterns of daily life. [1994
Hybrid systems. Any power or energy gener-
Human Devt. Report].
ation facility which makes use of 2 or more
Human Security Act of 2007. RA 9372 enti- types of technologies utilizing both conven-
tled ―An Act to Secure the State and Protect tional and/or renewable fuel sources, such
Our People from Terrorism‖ enacted on Mar. as, but not limited to, integrated solar or
6, 2007. wind systems, biomass or fossil fuel sys-
tems, hydro or fossil fuel systems, integrat-
Humane procedures. The use of the most
ed solar or biomass systems, integrated
scientific methods available as may be de-
wind or fossil fuel systems, with a minimum
termined and approved by the Committee
of 10 megawatts or 10% of the annual ener-
[on Animal Welfare attached to the DA].
gy output provided by the RE component.
[Sec. 6, RA 8485].
[Sec. 4, RA 9513].
Humanitarian. Concerned with or seeking to
Hydrochloride. A compound of hydrochloric
promote human welfare.
acid used with the names of organic bases
Humanitarian doctrine. A principle of tort law for convenience in naming salts, and to dis-
which requires an individual to take every tinguish it from chloride which is a com-
action at hand to avoid an accident where pound of chlorine with another element or
peril to another human being is otherwise radical. [People v. Angeles, GR 92850. June
imminent. See Doctrine of last clear 15, 1992 (1986), 1108].
chance.
Hydroelectric. Generating electricity by con-
Humanitarian intervention. Intl. Law. Doc- version of the energy of running water.
trine that allows one or more states to use
Hydroelectric power. The electric power pro-
force to stop another state from mistreating
duced by utilizing the kinetic energy of fall-
its own nationals when the actions of the
ing or running water to turn a turbine gener-
state are so brutal and widespread as to
ator. [Sec. 4, RA 7156].
shock the conscience of the community of
nations. Hydroelectric power development or hy-
dropower development. The construction
Humanitarian rules. Rules that provide for the
and installation of a hydroelectric power-
protection of noncombatants and disabled or
generating plant and its auxiliary facilities,
captured combatants.
such as diversion structure, headrace, pen-
Hurto. Sp. Theft. [US v. Montiel, GR L-2882. stock, substation, transmission, and ma-
Jan. 2, 1907]. chine shop, among others. [Sec. 4, RA
9513].
Hurto continuado. Sp. Continuing theft.
Hydroelectric power resources or hydro-
Husband. A married man considered in rela- power resources. Water resources found
tion to his wife. technically feasible for development of hy-
Husbanding agent. The general agent of the dropower projects which include rivers,
owner in relation to the ship, with powers, lakes, waterfalls, irrigation canals, springs,
among others, to engage the vessel for ponds, and other water bodies. [Sec. 4, RA
general freight and the usual conditions, and 9513].
settle for freight and adjust averages with Hydroelectric power systems or hydropow-
the merchant [CIR v. US Line Co., GR L-
er systems. Water-based energy systems
16850. May 30, 1962]. which produce electricity by utilizing the ki-

463
netic energy of falling or running water to such as sweating or minor abnormalities
turn a turbine generator. [Sec. 4, RA 9513]. such as minor aches and pains as portend-
ing problems of major medical moment.
Hydroelectricity. Electricity produced by wa-
ter power. Hypochondriasis. Legal Med. A psychiatric
disorder in which a person reports physical
Hydropower development. See Hydroelec-
symptoms and is esp. preoccupied with the
tric power development.
certainty that these symptoms represent a
Hydropower resources. See Hydroelectric serious disease. [Olarte, Legal Med., 1st Ed.
power resources. (2004), p. 126].
Hydropower systems. See Hydroelectric Hypothecary. Mar. Ins. The term implies that
power systems. shipowner can free himself from liability aris-
ing from maritime commerce by hypothecat-
Hymen. Legal Med. A thin vascular fold of ing the ship in favor of the claiming parties.
mucous membrane which varies in shape To hypothecate means to pledge as a secu-
and thickness and presents a central open-
rity.
ing which can be stretched sufficiently to
admit one examining finger without tearing. Hypothecate. Mar. Ins. To pledge as a securi-
[Olarte, Legal Med., 1st Ed. (2004), p. 124]. ty.
Hype and dump. Engaging in buying activity Hypothetical admission. [The] principle in
at increasingly higher prices and then selling remedial law [that holds] that when a motion
securities in the market at the higher prices. to dismiss is filed, the material allegations of
the complaint are deemed to be hypotheti-
Hyperemia. Reddening of the tissue around cally admitted. [Solidarios v. Alampay, GR
the vaginal opening. [People v. Pruna, GR
L-39592 Jan. 28, 1975]. This admission ex-
138471. Oct. 10, 2002]. tends not only to the relevant and material
Hypergolic. Igniting spontaneously on mixing facts well pleaded in the complaint, but also
with another substance. to inferences that may be fairly deduced
from them. [Mun. of Hagonoy v. Hon. Dum-
Hypergolic fuel. A rocket or liquid propellant dum, GR 168289. Mar. 22, 2010].
which consist of combinations of fuels and
oxidizers which ignite spontaneously on Hypothetical question. An imaginary situa-
contact with each other. [Sec. 3, PD 1185; tion, incorporating facts previously admitted
Sec. 3, RA 9514]. into evidence, upon which an expert witness
is permitted to give an opinion as to a condi-
Hyperlink. Function of the World Wide Web tion resulting from the situation.
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 cur-
sor changes from a pointer to a hand. Click-
ing on the hyperlink, loads the linked page in
the browser for viewing.
Hypochondria. Abnormal anxiety about one's
health.
Hypochondriac. A person who has hypo-
chondriasis, a disorder characterized by a
preoccupation with body functions and the
interpretation of normal body sensations

464
L-37106. June 30, 1975]. 2. Intel. Prop. Sim-
-I- ilarity of sound is sufficient to rule that the 2
marks are confusingly similar when applied
IAC. Intermediate Appellate Court.
to merchandise of the same descriptive
IATA. Intl. Air Transport Assoc. properties. [Marvex Coml. v. Dir. of Patent,
GR L-19297, Dec. 22, 1966].
Ibi quid generaliter conceditur; inest haec
exceptio, si non aliquid sit contra jus Identification. Evid. Showing of proof that the
fasque. Lat. Where anything is granted document being presented is the same one
generally, this exception is implied; that referred to by the witness in his testimony.
nothing shall be contrary to law and right.
Identification document. Any document or
[Prov. of Cebu v. IAC, GR 72841. Jan. 29,
proof of being a senior citizen which may be
1987].
used for the availment of benefits and privi-
IBP. See Integrated Bar of the Philippines. leges under the RA 9994 and its Rules. It
shall be any of the following: (a) Senior Citi-
IBP Chapters. Those chapters of the Integrat-
zens' ID Card issued by the Office of Senior
ed Bar of the Phils. located in the different Citizens Affairs (OSCA) in the city or munic-
geographical areas of the country as defined ipality where the elderly resides; (b) The
in Rule 139-A of the Rules of Court. [Pro-
Phil. passport of the elderly person or senior
posed Rule on Mandatory Legal Aid Service citizen concerned; and (c) Other valid doc-
for Practicing Lawyers, Sec. 4, BM 2012, uments that establish the senior citizen or
Feb. 10, 2009]. elderly person as a citizen of the Rep. and
IC. Insurance Code. at least 60 years of age, which shall include
but not be limited to the following govt.-
ICAO. Intl. Civil Aviation Org. issued identification documents indicating
ICCPR. See International Covenant on Civil an elderly's birthdate or age: driver's license,
and Political Rights. voters ID, SSS/GSIS ID, PRC card, postal
ID. [Art. 5, IRR of RA 9994].
ICJ. See International Court of Justice.
Identification of documentary evidence.
ID. Identification. Evid. [This] is done in the course of the trial
Ideal plurality. Also Concurso ideal. This is accompanied by the marking of the evi-
occurs when a single act gives rise to vari- dence as an exhibit. X x x. The mere fact
ous infractions of law. This is illustrated by that a particular document is identified and
the very Art. under consideration: (a) when a marked as an exhibit does not mean it will
single act constitutes 2 or more grave or be or has been offered as part of the evi-
less grave felonies (described as Delito dence of the party. The party may decide to
compuesto or Compound crime); and (b) formally offer it if it believes this will advance
when an offense is a necessary means for its cause, and then again it may decide not
committing another offense (described as to do so at all. Compare with Formal offer
Delito complejo or Complex proper). [Gam- of documentary evidence as an exhibit.
boa v. CA, GR L-41054. Nov. 28, 1975]. Identity. Sameness of essential or generic
Idem sonans. Lat. Sounding the same. character in different instances.
Idem sonans rule. 1. Elec. Law. An election Identity of causes of action. The test of iden-
rule which provides that a name or surname tity of causes of action lies not in the form of
incorrectly written which, when read, has a an action but on whether the same evidence
sound similar to that name or surname of a would support and establish the former and
candidate when correctly written shall be present causes of action. Plaintiffs cannot
counted in his favor. [Lontoc v. Pineda, GR avoid the application of res judicata by simp-

465
ly varying the form of their action or by majeure or any other fortuitous event, pro-
adopting a different method in presenting it. vided that prior to such event, such land was
[Torres v. Medina, GR 166730, Mar. 10, previously used for agricultural or other eco-
2010]. nomic purpose. [Sec. 3, RA 6657].
Identity of offenses. There is identity bet. the Idle lands. 1. Non-agricultural lands urban and
2 offenses when the evidence to support a urbanized areas on which no improvements,
conviction for one offense would be suffi- as herein defined, have been made by the
cient to warrant a conviction for the other, or owner, as certified by the city, municipal or
when the 2nd offense is exactly the same as provincial assessor. [Sec. 3, RA 7279]. 2.
the 1st, or when the 2nd offense is an at- Lands not devoted directly to any crop or to
tempt to commit or a frustration of, or when any definite economic purpose for at least
it necessarily includes or is necessarily in- one year prior to the notice of expropriation
cluded in, the offense charged in the 1st in- except for reasons other than force majeure
formation. [Teehankee, Jr. v. Madayag, GR or any other fortuitous event but used to be
103102. Mar. 6, 1992]. devoted or is suitable to such crop or is con-
tiguous to land devoted directly to any crop
Identity of parties. This requirement is satis-
and does not include land devoted perma-
fied if the 2 actions are substantially bet. the
nently or regularly to other essential and
same parties which means that the parties
more productive purpose. [Sec. 166, RA
in both cases need not be physically identi-
3844].
cal provided that there is privity bet. the par-
ties or their successors in interest by title IFOAM. Intl. Federation of Organic Agricultural
subsequent to the commencement of the Movement.
previous cause of action, litigating for the
Ignominy. Crim. Law. A circumstance pertain-
same thing, title, or capacity. [Santos v. Ga-
ing to the moral order, which adds disagree
briel, GR L-22996 May 31, 1972].
and obloquy to the material injury caused by
Identity of subject matter. [There is identity the crime. [US v. Abaigar, GR 1255. Aug.
of subject matter where] a previous judg- 17, 1903].
ment operates as a bar to a subsequent one
Ignorance. The want or absence of
[as] when it had ―touched on [a] matter al-
knowledge.
ready decided,‖ or if the parties are in effect
―litigating for the same thing.‖ [Antonio v. Ignorance of fact. Want of knowledge of
Vda. De Monje, GR 149624, Sep. 29, 2010]. some fact or facts constituting or relating to
the subject matter at hand.
Identity theft. A form of cybercrime in which
criminals use the Internet to steal personal Ignorance of the law. Want of knowledge or
information from other users. acquaintance with the laws of the land inso-
far as they apply to the act, relation, duty, or
Idle. Not active or in use.
matter under consideration.
Idle land. Also Abandoned land. Any agricul-
Ignorant. Unaware or uninformed.
tural land not cultivated, tilled or developed
to produce any crop nor devoted to any Ignorantia facti excusat, ignorantia juris
specific economic purpose continuously for non excusat. Lat. Ignorance of fact excus-
a period of 3 years immediately prior to the es, ignorance of the law does not excuse.
receipt of notice of acquisition by the govt.
as provided under RA 6657, but does not Ignorantia juris quod quisque scire tenetur
non excusat. Lat. Ignorance of the law ex-
include land that has become permanently
or regularly devoted to non-agricultural pur- cuses no one. [Aurillo, Jr. v. Francisco, AM
poses. It does not include land which has RTJ-93-1097 Aug. 12, 1994].
become unproductive by reason of force

466
Ignorantia legis neminem excusat. Lat. Igno- Illegal conversion. The conversion by any
rance of the law excuses no one from com- landowner of his agricultural land into any
pliance therewith. [Art. 3, CC]. non-agricultural use with intent to avoid the
application of RA 6657 to his landholding
Ihram. The state of ritual consecration of a
and to dispossess his tenant farmers of the
person while on pilgrimage to Mecca. [Art. 7,
land tilled by them; or the change of nature
PD 1083].
of lands outside urban centers and city limits
Illegal access. The access to the whole or any either in whole or in part after the effectivity
part of a computer system without right. of RA 6657, as provided in Sec. 73 (c) and
[Sec. 4, RA 10175]. (e), respectively, of the said Act. [Sec. 2.8,
DAR AO 01-02].
Illegal assemblies. Crim. Law. The felony
committed by the organizers or leaders of Illegal detainer. It consists in withholding by a
any meeting attended by armed persons for person from another of the possession of a
the purpose of committing any of the crimes land or building to which the latter is entitled
punishable under the REV. PENAL CODE, after the expiration or termination of the for-
or of any meeting in which the audience is mer's right to hold possession by virtue of a
incited to the commission of the crime of contract, express or implied. [De Leon v.
treason, rebellion or insurrection, sedition or CA, GR 96107. June 19, 1995]. Also known
assault upon a person in authority or his as Unlawful detainer.
agents. [Art. 146, RPC, as reinstated by EO
Illegal detention. Elements, as defined in Art.
187].
267 of the Rev. Penal Code: (a) That the of-
Illegal associations. Crim. Law. The felony fender is a private individual; (b) that he kid-
committed by the founders, directors, and naps or detains another, or in any other
presidents of assocs. totally or partially or- manner deprives the latter of his liberty; (c)
ganized for the purpose of committing any of that the act of detention or kidnapping must
the crimes punishable under the Rev. Penal be illegal; and (d) in the commission of the
Code or for some purpose contrary to public offense, any of the following circumstances
morals. [Art. 147, RPC, as reinstated by EO is present: (a) that the kidnapping or deten-
187]. tion last for more than 5 days; or (b) that it is
committed simulating public authority; or (c)
Illegal betting on horse race. Crim. Law. The
that any serious physical injuries are inflict-
felony committed by any person who, except ed upon the person kidnapped or detained
during the period allowed by law, shall be on or threats to kill him are made; or (d) that the
horse races, or by any person who, under
person kidnapped or detained is a minor,
the same circumstances, shall maintain or female, or a public officer. [People v. Mer-
employ a totalizer or other device or scheme cado, GR L-65152. Aug. 30, 1984].
for betting on horse races or realizing any
profit therefrom. [Art. 198, RPC]. Illegal detention. The deprivation by a private
person of the liberty of another without any
Illegal cockfighting. Crim. Law. The felony
legal ground. [Gregorio, Fund. of Crim. Law
committed by: 1. any person who directly or Rev., 1997 9th Ed., p. 323]. Compare with
indirectly participates in cockfights, by bet- Arbitrary detention.
ting money or other valuable things, or who
organizes cockfights at which bets are Illegal fishing. The act of catching, taking or
made, on a day other than those permitted gathering, or causing to be caught, taken or
by law; or 2. any person who directly or indi- gathered fish or fishery or aquatic products
rectly participates in cockfights, at a place in Phil. waters with the use of explosives,
other than a licensed cockpit. [Art. 199, obnoxious or poisonous substance, or by
RPC]. the use of electricity. [Sec. 33, PD 704, as
amended by PD 1058].

467
Illegal interception. The interception made by possessed the said drug. [People v. Del
technical means without right of any non- Norte, GR 149462, Mar. 29, 2004].
public transmission of computer data to,
Illegal possession of firearms. Crim. Law.
from, or within a computer system including
Elements: (a) The existence of the subject
electromagnetic emissions from a computer
firearm and (b) the fact that the accused
system carrying such computer data. [Sec.
who owned or possessed it does not have
4, RA 10175].
the corresponding license or permit to pos-
Illegal numbers game. Any form illegal gam- sess the same. [People v. Solayao, GR
bling activity which uses numbers or combi- 119220, Sep. 20, 1996].
nations thereof as factors in giving out jack-
Illegal possession of opium pipe or other
pots. [Sec. 2, RA 9287].
paraphernalia for the use of any prohibit-
Illegal occupation of national parks system ed drug. Crim. Law. The felony committed
and recreation areas and vandalism by any person who, not being authorized by
therein. The offense committerd by any law, shall possess any opium pipe or other
person who shall, without permit, occupy for paraphernalia for smoking, injecting, admin-
any length of time any portion of the natl. istering or using opium or any prohibited
parks system or shall, in any manner, cut, drug. [Art. 193, RPC].
destroy, damage or remove timber or any
Illegal possession of regulated or prohibit-
species of vegetation or forest cover and
ed drugs. Crim. Law. Elements: (a) The ac-
other natural resources found therein, or
cused is in possession of an item or object,
shall mutilate, deface or destroy objects of
which is identified to be a prohibited or regu-
natural beauty or of scenic value within are-
lated drug; (b) such possession is not au-
as in the natl. parks system. [Sec. 71, PD
thorized by law; and (c) the accused freely
705].
and consciously possessed the drug. [Peo-
Illegal possession and use of false treasury ple v. Quiamanlon, GR 191198, Jan. 26,
or bank notes and other instruments of 2011].
credit. Crim. Law. The felony committed by
Illegal recruitment. Labor. 1. Any recruitment
any person who shall knowingly use or have
activities, incl. the prohibited practices enu-
in his possession, with intent to use any of
merated under Art. 34 of the Labor Code, to
the false or falsified instruments referred to
be undertaken by non-licensees or non-
in this Sec. 2, Chap. 1, Title 4 of the Rev.
holders of authority. [Art. 38, LC]. 2. [The
Penal Code, shall suffer the penalty next
crime] committed by persons who, without
lower in degree than that prescribed in said
authority from the govt., give the impression
Arts. [Art. 168, RPC].
that they have the power to send workers
Illegal possession and use of false treasury abroad for employment purposes. [People v.
or bank notes and other instruments of Gallo, GR 185277, Mar. 18, 2010].
credit. Crim. Law. Elements: (a) Possession
Illegal recruitment. Labor. Elements: (a) The
with guilty knowledge that the checks were
person charged with the crime must have
falsified [animus possidendi]; and (b) fraudu-
undertaken recruitment activities [or any of
lent intent to use or utter the same. [Reyes
the activities enumerated in Art. 34 of the
v. CA, GR 36391-92. Mar. 9, 1989].
Labor Code, as amended]; and (b) said per-
Illegal possession of dangerous drugs. son does not have a license or authority to
Crim. Law. Elements: (a) That the accused do so. [People v. Cabacang, GR 113917.
is in possession of the object identified as a July 17, 1995].
prohibited or regulatory drug; (b) that such
Illegal recruitment by a syndicate. Labor.
possession is not authorized by law; and (c)
Recruitment unlawfully carried out by a
that the accused freely and consciously
group of 3 or more persons conspiring

468
and/or confederating with one another in Illegal sale of prohibited drugs. Crim. Law.
carrying out any unlawful or illegal transac- Essential elements: (a) The accused sold
tion, enterprise or scheme defined under the and delivered a prohibited drug to another;
Labor Code. [People v. Taguba, GR 95207- and (b) he knew that what he had sold and
17. Jan. 10, 1994]. delivered was a prohibited drug. [People v.
Pendatun, GR 148822, July 12, 2004].
Illegal recruitment in large scale. Labor.
Recruitment unlawfully committed against 3 Illegal trading in petroleum and/or petrole-
or more persons individually or as a group. um products. The sale or distribution of pe-
[People v. Taguba, GR 95207-17. Jan. 10, troleum products for profit without license or
1994]. authority from the Govt.; non-issuance of re-
ceipts by licensed traders; misrepresenta-
Illegal recruitment in large scale. Labor.
tion as to quality and/or quantity; and sale
Elements: (a) That the offender engages in
by oil companies, distributors and/or dealers
the recruitment and placement of workers as
violative of govt. rules and regulations. [Sec.
defined in Art. 13(b) of the Labor Code or in
3, BP 33].
any prohibited activities under Art. 34 of the
same Code; (b) that the offender does not Illegal trafficking. The illegal cultivation, cul-
have a license or authority to recruit and de- ture, delivery, administration, dispensation,
ploy workers, either locally or overseas; and manufacture, sale, trading, transportation,
(c) that the offender commits the same distribution, importation, exportation and
against 3 or more persons, individually or as possession of any dangerous drug and/or
a group. [People v. Bautista, GR 113547, controlled precursor and essential chemical.
Feb. 9, 1995]. [Sec 3, RA 9165].
Illegal sale of dangerous drugs. Crim. Law. Illegal use of public funds or property. Crim.
Elements: (a) Identity of the buyer and the Law. The felony committed by any public of-
seller, the object, and consideration; and (b) ficer who shall apply any public fund or
the delivery of the thing sold and the pay- property under his administration to any
ment therefor. [People v. Zervoulakos, GR public use other than for which such fund or
103975. Feb. 23, 1995]. property were appropriated by law or ordi-
nance. [Art. 220, RPC].
Illegal sale of drug. Crim. Law. A crime com-
mitted as soon as the sale transaction is Illegal use of uniforms or insignia. Crim.
consummated, whether payment precedes Law. The felony committed by any person
or follows delivery of the drug sold. [People who shall publicly and improperly make use
v. Ponsica, GR 108176. Feb. 14, 1994]. of insignia, uniforms or dress pertaining to
an office not held by such person or to a
Illegal sale of drugs. Crim. Law. Elements
class of persons of which he is not a mem-
necessary for its prosecution: (a) The identi-
ber. [Art. 179, RPC].
ties of the buyer and the seller, the object,
and consideration; and (b) the delivery of Illegaly obtained evidence. Evidence ob-
the thing sold and the payment therefor. tained by the police through circumstances
[People v. Adam, GR 143842. Oct. 13, in which the police or a police agent violated
2003]. a person‘s right against unreasonable
search and seizure.
Illegal sale of marijuana. Crim. Law. Ele-
ments: (a) The identity of the buyer and the Illegally slaughtered meat. Hot meat; botcha.
seller, the object, and consideration; and (b)
Illegitimate. 1. Against the law; illegal. 2. Born
the delivery of the thing sold and the pay-
out of wedlock.
ment therefor. [People v. Rumeral, GR
86320. Aug. 5, 1991]. Illegitimate children. 1. Children conceived
and born outside a valid marriage, unless

469
otherwise provided in the Family Code. [Art. or GOCCs and their subsidiaries; (d) by ob-
165, FC]. 2. Children born of void marriages taining, receiving or accepting directly or in-
under Arts. 35, 37 and 38 of the Family directly any shares of stock, equity or any
Code. [Jurado, Civ. Law Reviewer, 19th Ed. other form of interest or participation incl.
(1999), p. 197]. Compare with Legitimate promise of future employment in any busi-
children. ness enterprise or undertaking; (e) by estab-
lishing agricultural, industrial or commercial
Ill-gotten. Acquired through or as a result of
monopolies or other combinations and/or
improper or illegal use of or the conversion
implementation of decrees and orders in-
of funds belonging to the Govt. or any of its
tended to benefit particular persons or spe-
branches, instrumentalities, enterprises,
cial interests; or (f) by taking undue ad-
banks or financial institutions, or by taking
vantage of official position, authority, rela-
undue advantage of official position, authori-
tionship, connection or influence to unjustly
ty, relationship, connection or influence, re-
enrich himself or themselves at the expense
sulting in unjust enrichment of the ostensible
and to the damage and prejudice of the Fil.
owner and grave damage and prejudice to
people and the Rep. of the Phils. [Sec. 1,
the State. [Bataan Shipyard Eng‘g. Co. Inc.
RA 7080]. 2. [The assets or properties] ac-
v. PCGG, GR 75885. May 27, 1987].
quired by [former Pres. Ferdinand Marcos
Ill-gotten property. Property acquired through and/or his wife, Imelda Romualdez Marcos,
or as a result of improper or illegal use of or their close relatives, subordinates, business
the conversion of funds belonging to the associates, dummies, agents, or nominees]
Govt. or any of its branches, instrumentali- through or as a result of improper or illegal
ties, enterprises, banks or financial institu- use of or the conversion of funds belonging
tions, or by taking undue advantage of offi- to the Govt. of the Phils. or any of its
cial position, authority, relationship, connec- branches, instrumentalities, enterprises,
tion or influence, resulting in unjust enrich- banks or financial institutions, or by taking
ment of the ostensible owner and grave undue advantage of their official position,
damage and prejudice to the State. [Bataan authority, relationship, connection or influ-
Shipyard Eng‘g. Co. Inc. v. PCGG, GR ence to unjustly enrich themselves at the
75885. May 27, 1987]. expense and to the grave damage and prej-
udice of the Fil. people and the Rep. of the
Ill-gotten wealth. 1. Any asset, property, busi- Phils. [Par. (4), EO 2, Mar. 12, 1986].
ness enterprise or material possession of
any person acquired by him directly or indi- Ill-gotten wealth. Concurring elements: (a)
rectly through dummies, nominees, agents, They must have ―originated from the govt.
subordinates and/or business associates by itself,‖ and (b) they must have been taken by
any combination or series of the following former Pres. Marcos, his immediate family,
means or similar schemes: (a) through mis- relatives, and close associates by illegal
appropriation, conversion, misuse, or mal- means. [Rep. v. Sandiganbayan, GR
versation of public funds or raids on the pub- 166859, GR 169203, GR 180702. Apr. 12,
lic treasury; (b) by receiving, directly or indi- 2011].
rectly, any commission, gift, share, percent-
Illiterate. Unable to read or write.
age, kickbacks or any other form of pecuni-
ary benefit from any person and/or entity in Illiteracy. Lack of instruction and low intelli-
connection with any govt. contract or project gence. [Suarez, Intro. to Law, 1995 3rd Ed.,
or by reason of the office or position of the p. 193].
public officer concerned; (c) by the illegal or
Illusion. Legal Med. A false interpretation of
fraudulent conveyance or disposition of as-
an external stimulus. [Olarte, Legal Med., 1st
sets belonging to the Natl. Govt. or any of its
Ed. (2004), p. 146]. Compare with Halluci-
subdivisions, agencies or instrumentalities
nation.

470
ILOC. See Irrevocable letter of credit. Immediate cause. The cause of consideration
nearest to the time and place of injury.
Imam. 1. The person who leads prayers in a
mosque. 2. A title of various Muslim leaders, Immediate container. The container or pack-
esp. of one succeeding Muhammad as age which is immediately after or near the
leader of Shiite Islam See Mohammedan substance but does not include package lin-
Imam. ers. [Art. 4, RA 7394].
Imbecile. A mentally defective person of the Immediate family. 1. A defined group of rela-
2nd lowest order of intellectual potential tions, used in rules or laws to determine
(mental age bet. 3 and 7 years), usu. requir- which members of a person's family are af-
ing custodial and complete protective care. fected by those rules. It normally includes a
[People v. Race, GR 93143. Aug. 4, 1992]. person's parents, spouses, siblings and
children. 2. Close relative.
Imbecility. A form of mental disease consist-
ing in mental deficiency either congenital or Immediate family member. 1. A person's
resulting from an obstacle to the develop- spouse, child, child's spouse, stepchild,
ment of the faculties supervening in infancy. stepchild's spouse, grandchild, grandchild's
[People v. Race, GR 93143. Aug. 4, 1992]. spouse, parent, stepparent, parent-in-law, or
sibling. 2. Next-of-kin.
Imitation. A thing intended to simulate or copy
something else. Immediate farm household. The members of
the family of the lessee or lessor and other
Imitation firearm. A replica of a firearm, or
persons who are dependent upon him for
other device that is so substantially similar in
support and who usu. help him in his activi-
coloration and overall appearance to an ex-
ties. [Sec. 166, RA 3844].
isting firearm as to lead a reasonable person
to believe that such imitation firearm is a re- Immediate members of family of the lessee
al firearm. [Sec. 3, RA 10591]. or lessor. For purposes of repossessing the
leased promises, the spouse, direct de-
Immaterial. Not material, essential, or neces-
scendants or ascendants, by consanguinity
sary; not important or pertinent; not decisive;
or affinity, of the lessee or lessor. [Sec.4, RA
of no substantial consequence; without
9161; Sec. 3, RA 9653].
weight; of no material significance.
Immediate parties. Nego. Inst. Persons hav-
Immaterial evidence. Evidence which lacks
ing knowledge of the conditions or limita-
probative weight and is unlikely to influence
tions placed upon the delivery of an instru-
the tribunal in resolving the issue before it.
ment. It means privity, and not proximity.
Such evidence is commonly objected to by
opposing counsel, and disallowed by the Immediate provocation. Absence of interval
court. of time bet. the provocation and the com-
mission of the crime.
Immaterial fact. An offered evidential fact
which is excluded by some rules of evi- Immediate supervisor. One who occupies the
dence, no matter what the rule. [Francisco, 1st level of supervision over a subordinate
Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. and who assigns, directs, supervises and
reviews the work of the latter. [Sec. 3, PD
Immediate. Occurring or done at once; instant.
985].
Immediate accountability. The accountability
Immediate vindication of a grave offense.
of a person in possession of or having cus-
An act committed in the immediate vindica-
tody of supplies or property. [IRR on Supply
tion of a grave offense to the one committing
the felony (delito), his spouse, ascendants,
descendants, legitimate, natural, or adopted

471
brothers or sisters, or relatives by affinity Imminently hazardous product. A consumer
within the same degree. [People v. Capalac, product which presents an unreasonable
GR L-38297. Oct. 23, 1982]. risk of death, serious illness or severe per-
sonal injury. [Art. 4, RA 7394].
Immediately. Without interval of time; without
delay. [Juan v. Musñgi, GR L-76053. Oct. Immoral. Not conforming to accepted stand-
27, 1987]. ards of morality.
Immemorial. Beyond the reach of memory, Immoral conduct. That conduct which is so
beyond human memory, or time out of mind. willful, flagrant, or shameless as to show in-
[Dir. of Lands v. Buyco, GR 91189. Nov. 27, difference to the opinion of good and re-
1992]. spectable members of the community. [Arci-
ga v. Maniwang, AM 1608 Aug. 14, 1981].
Immemorial possession. It means posses-
sion of which no man living has seen the Immoral doctrines. Crim. Law. The felony
beginning, and the existence of which he committed by those who shall publicly ex-
has learned from his elders. [Dir. of Lands v. pound or proclaim doctrines openly contrary
Buyco, GR 91189 Nov. 27, 1992]. to public morals. [Art. 201, RPC].
Immigrant. 1. Any alien departing from any Immorality. 1. Conduct inconsistent with recti-
place outside the Phils. destined for the tude, or indicative of corruption, indecency,
Phils., other than a nonimmigrant. [Sec. 50 depravity, and dissoluteness; or is willful,
(j), CA 613]. 2. An alien who comes to this flagrant, or shameless conduct showing
country either to reside permanently or for a moral indifference to opinions of respectable
limited duration. [Chang Yung Fa v. members of the community, and as an in-
Gianzon, GR L-7785. Nov. 25, 1955]. considerate attitude toward good order and
public welfare. [Alfonso v. Juanson, AM
Immigrants. 1. A person who moves into a
RTJ-92-904. Dec. 7, 1993, 6th Ed., 1990,
country for the purpose of permanent resi-
751]. 2. [It] include[s] not only sexual mat-
dence. [Cascante v. Comelec, GR 88831.
ters but also ―conduct inconsistent with recti-
Nov. 8, 1990]. 2. Persons who come into a
tude, or indicative of corruption, indecency,
foreign country or region to live.
depravity, and dissoluteness; or is willful,
Immigration. 1. The removing into one place flagrant or shameless conduct showing
from another; the act of immigrating, the en- moral indifference to opinions of respectable
tering into a country with the intention of re- members of the community, and an incon-
siding in it. [Cascante v. Comelec, GR siderate attitude toward good order and pub-
88831. Nov. 8, 1990]. 2. The entry of foreign lic welfare.‖ [Regir v. Regir, AM P-06-2282,
persons into a country to live permanently. Aug. 4, 2009].
Imminent. About to happen; impending; forth- Immovable. Prop. Object which can be moved
coming. from place to place without injury. [Tolenti-
no, Civ. Code of the Phils., Vol. II, Repr.
Imminent unlawful aggression. Crim. Law. 2001, p. 12].
An attack that is impending or at the point of
happening. It must not consist in mere Immovable property. The following are im-
threatening attitude nor must it be merely movable property: (a) Land, buildings, roads
imaginary. The intimidating attitude must be and constructions of all kinds adhered to the
offensive and positively strong, for example, soil; (b) trees, plants, and growing fruits,
aiming a revolver at another with intent to while they are attached to the land or form
shoot him, or opening a knife and making a an integral part of an immovable; (c) every-
motion as if to attack. thing attached to an immovable in a fixed
manner, in such a way that it cannot be
separated therefrom without breaking the

472
material or deterioration of the object; (d) things (except lands, buildings, and roads)
statues, reliefs, paintings or other objects for mentioned in pars. 1, 2, 3, 4 and 6 of Art.
use or ornamentation, placed in buildings or 415 of the Civ. Code. [Tolentino, Civ. Code
on lands by the owner of the immovable in of the Phils., Vol. II, Repr. 2001, p. 13].
such a manner that it reveals the intention to
Immovables by nature. Prop. Those which
attach them permanently to the tenements;
cannot be moved from place to place, such
(e) machinery, receptacles, instruments or
as land, mentioned in par. 1, and mines,
implements intended by the owner of the
quarries, and slag dumps, mentioned in par.
tenement for an industry or works which
8 of Art. 415 of the Civ. Code. [Tolentino,
may be carried on in a building or on a piece
Civ. Code of the Phils., Vol. II, Repr. 2001,
of land, and which tend directly to meet the
p. 13].
needs of the said industry or works; (f) ani-
mal houses, pigeon-houses, beehives, fish Immune. 1. Protected or exempt, esp. from an
ponds or breeding places of similar nature, obligation or the effects of something. 2.
in case their owner has placed them or pre- Resistant to a particular infection or toxin
serves them with the intention to have them owing to the presence of specific antibodies.
permanently attached to the land, and form-
Immunity. 1. An exemption that a person [in-
ing a permanent part of it; the animals in
these places are included; (g) fertilizer actu- dividual or corporate] enjoys from the nor-
ally used on a piece of land; (h) mines, quar- mal operation of the law such as a legal duty
ries, and slag dumps, while the matter or liability, either criminal or civil. 2. Grant by
thereof forms part of the bed, and waters ei- the court, which assures someone will not
face prosecution in return for providing crim-
ther running or stagnant; (i) docks and struc-
tures which, though floating, are intended by inal evidence.
their nature and object to remain at a fixed Immunity from suit doctrine. 1. The doctrine
place on a river, lake, or coast; (j) contracts the application of which has been restricted
for public works, and servitudes and other to sovereign or governmental activities [jure
real rights over immovable property. [Art. imperii]. The mantle of state immunity can-
415, CC]. not be extended to commercial, private and
Immovables by analogy or law. Prop. Those proprietary acts [jure gestionis]. [Jusmag v.
NLRC, GR 108813. Dec. 15, 1994]. 2. The
mentioned in par. 10, of Art. 415 of the Civ.
Code, viz: contracts for public works, and restrictive application of State immunity is
servitudes and other real rights over immov- proper when the proceedings arise out of
commercial transactions of the foreign sov-
able property. [Tolentino, Civ. Code of the
Phils., Vol. II, Repr. 2001, p. 13]. ereign, its commercial activities or economic
affairs. Stated differently, a State may be
Immovables by destination. Prop. Those said to have descended to the level of an
which are essentially movables, but by the individual and thus can be deemed to have
purpose for which they have been placed in tacitly given its consent to be used only
an immovable, partake of the nature of the when it enters into business contracts. It
latter bec. of the added utility derived there- does not apply where the contract relates to
from, such as those mentioned in pars. 4, 5, the exercise of its sovereign functions. [USA
6, 7, and 9 of Art. 415 of the Civ. Code. [To- v. Ruiz, GR L-35645, May 22, 1985].
lentino, Civ. Code of the Phils., Vol. II, Repr.
Immunity of state from suit. One of the uni-
2001, p. 13].
versally recognized principles in intl. law
Immovables by incorporation. Prop. Those which is commonly understood as an ex-
which are essentially movables, but are at- emption of the state and its organs from the
tached to an immovable in such manner as judicial jurisdiction of another state. [Jusmag
to be an integral part thereof, such as the v. NLRC, GR 108813. Dec. 15, 1994].

473
Immutability. The quality of being not subject Impairment of obligation of contract. 1. This
or susceptible to change. occurs when the terms or conditions of a
contract are changed by law or by a party
Immutability of a final and executory judg-
without the consent of the other, thereby
ment rule. 1. A rule that after judgment has
weakening the position or rights of the latter.
become final, no additions can be made
[De Leon, Fundamentals of Taxation, 2000
thereto, and nothing can be done therewith
Ed., p. 35]. 2. In general, any enactment of a
except its execution; otherwise, there would
legislative character which attempts to take
be no end to litigations, thus setting at
from a party a right to which he is entitled by
naught the main role of courts of justice,
its terms, or which deprives him of the
which is to assist in the enforcement of the
means of enforcing such a right. But it may
rule of law and the maintenance of peace
be said in general that a law which does not
and order by settling justiciable controver-
strike at the vitality of a contract either by al-
sies with finality. [Javier v. CA, GR 100777.
tering its terms or preventing its preservation
July 21, 1993]. 2. The absolute rule that af-
and enforcement does not impair its obliga-
ter a judgment becomes final, by the expira-
tion. [Govt. of the Phil. V. Visayan Surety,
tion of the period provided by the rules with-
GR 46193. Oct. 10, 1938].
in which it so becomes, no further amend-
ment or correction can be made by the court Impasse. Within the meaning of the labor
except for clerical errors or mistakes. laws, the word presupposes reasonable ef-
[Marasigan v. Ronquillo, GR L-5810, Jan. fort at good faith bargaining which, despite
18, 1954, 94 Phil 237]. noble intentions, does not conclude in
agreement bet. the parties. [Divine Word
Immutability of judgment doctrine. The
Univ. of Tacloban v. Sec. of Labor and Em-
doctrine under which a decision that has ac-
ployment, GR 91915. Sep. 11, 1992].
quired finality becomes immutable and unal-
terable, and may no longer be modified in Impeach. 1. To charge a public official with
any respect, even if the modification is improper conduct in office before a proper
meant to correct erroneous conclusions of tribunal. 2. To discredit the witness‘s testi-
fact and law, and whether it be made by the mony. [Herrera, Remedial Law, Vol. VI,
court that rendered it or by the Sup. Court. 1999 Ed., p. 208].
Immutability of status doctrine. The theory Impeachable officials. Consti. Law. Under the
that the status of a child, i.e., his legitimacy, Consti., only the following public officers
etc. is not affected by any subsequent may be impeached: The Pres., Vice-Pres.,
change in the nationality of the parents. the Members of the Sup. Court, the Mem-
However, the natl. law of the parents will be bers of the Constitutional Commissions, and
changed should they effect a change of na- the Ombudsman. This list of officers is ex-
tionality: the rights and obligations of par- clusive. All other public officers and employ-
ents and child will now be determined by the ees may be removed from office as provided
new natl. law. [Paras, Phil. Conflict of Laws, by law, but not by impeachment.
8th Ed. (1996), p. 306].
Impeachment. Consti. Law. 1. A natl. inquest
Immutable. Unchanging over time or unable to into the conduct of public men. It is a neces-
be changed. sary safeguard to ensure that public officers
have the moral fitness and integrity to fulfill
Impact of taxation. That point on which a tax
their mandate. The provisions on impeach-
is originally imposed. [De Leon, Fundamen-
ment are enshrined in Art. XI of the 1987
tals of Taxation, 2000 Ed., p. 53].
Consti. 2. A criminal proceeding against a
Impairment. Any loss, diminution or aberration public official.
of psychological, physiological, or anatomi-
cal structure or function. [Sec. 4, RA 7277].

474
Impeachment. Consti. Law. Grounds: Culpa- Implied. Strongly suggesting the truth or exist-
ble violation of the Constitution, treason, ence of something not expressly stated.
bribery, graft and corruption, other high
Implied acceptance of services. The ac-
crimes, or betrayal of public trust. These
ceptance by a person of services without
grounds are exclusive and offenses not fall-
first repudiating the express terms and con-
ing within these parameters shall not be suf-
ditions upon which those services are ren-
ficient for impeachment purposes.
dered which is held to be an acceptance of
Impeachment of a witness. An attack on the such services under an implied contract to
credibility (believability) of a witness, pay therefor the amount stipulated by the
through evidence introduced for that pur- other party at the time when they were ren-
pose. dered. [Sellner v. Conzales, GR 8415. Dec.
18, 1914].
Imperfect disinheritance. Succ. A disinher-
itance without a specification of the cause, Implied acceptance. Sales. Acceptance of the
or for a cause the truth of which, if contra- goods is impliedly made by the buyer when
dicted, is not proved, or which is not one of he intimates to the seller that he has ac-
those set forth in the Civ. Code, which shall cepted them, or when the goods have been
annul the institution of heirs insofar as it may delivered to him, and he does any act in re-
prejudice the person disinherited; but the lation to them which is inconsistent with the
devises and legacies and other testamen- ownership of the seller, or when, after the
tary dispositions shall be valid to such extent lapse of a reasonable time, he retains the
as will not impair the legitime. [Art. 918, CC]. goods without intimating to the seller that he
Also called Ineffective disinheritance. has rejected them. [Art. 1585, CC].
Imperium. Lat. 1. The govt. authority pos- Implied agency. Agency implied from the acts
sessed by the State. [Separate Opinion, Ka- of the principal, from his silence or lack of
punan, J., in Cruz v. Sec. of DENR, GR action, or his failure to repudiate the agency,
135385, Dec. 6, 2000]. 2. The authority pos- knowing that another person is acting on his
sessed by the state embraced in the con- behalf without authority. [Art. 1869, CC].
cept of sovereignty. [Suarez, Pol. Law Re-
Implied consent. Pol. Law. The consent of the
viewer, 1st Ed., 2002, p. 29]. Compare with
state to be sued implied from the very act of
Dominium.
entering into a contract, bec. by entering into
Implement. From the Latin word "implemen- such contract the sovereign state has de-
tum.‖ To fill up or to complete. Its meaning scended to the level of the citizen. [Santos
includes an "article, as of apparel or furni- v. Santos, GR L-4699. Nov. 26, 1952].
ture, serving to equip." [Belen v. De Leon, Compare with Express consent.
GR L-16412. Nov. 30, 1962].
Implied conspiracy. A conspiracy which may
Implication. 1. The conclusion that can be be inferred though no actual meeting among
drawn from something, although it is not ex- them to concert means is proved, if it is
plicitly stated. 2. A likely consequence of proved that 2 or more persons aimed by
something. their acts towards the accomplishment of
the same unlawful object, each doing a part
Implications doctrine. The doctrine holding
so that their acts, though apparently inde-
that ―that which is plainly implied in the lan-
pendent were in fact connected and cooper-
guage of a statute is as much a part of it as
ative, indicating closeness of personal asso-
that which is expressed‖. [City of Manila v.
ciation and concurrence of sentiment.
Judge Gomez, GR L-37251. Aug. 31, 1981].
[Orodio v. CA, Sep. 13, 1988, GR 57519].
See Doctrine of implication.
Implied contract. A contract not created or
evidenced by the explicit agreement of the

475
parties but one inferred by law; as the use of press consent or permission of the owner,
electric power in one‘s home implies a con- would have been permitted had the car
tract with the light company. owner known about it.
Implied municipal liability doctrine. This Implied powers. Those powers authorized by
doctrine that applies to all cases where a legal document [from the Consti.] which,
money or other property of a party is re- while not stated, seem to be implied by the
ceived under such circumstances that the powers expressly stated.
general law, independent of express con-
Implied powers doctrine. Doctrine that holds
tract implies an obligation upon the munici-
that, in determining the rights and duties
pality to do justice with respect to the same.
possessed by an org., a court must look to
[Prov. of Cebu v. IAC, GR 72841 Jan. 29,
the purposes and functions specified in its
1987].
charter and developed in practice.
Implied new lease. The right of the lessee to
Implied ratification. [Ratification which] may
continue enjoying the material or de facto
take various forms - like silence or acquies-
possession of the thing leased within a peri-
cence, acts showing approval or adoption of
od of time fixed by law. During its existence,
the act, or acceptance and retention of ben-
the lessee can prevent the lessor from evict-
efits flowing therefrom. [MWSS v. CA, GR
ing him from the disputed premises. [Yuki,
126000 and 128520, 7 Oct. 1998]. See Tac-
Jr. v. Wellington Co., GR 178527 Nov. 27,
it ratification.
2009]. Also called Tacita reconduccion.
Implied repeal. Stat. Con. Where there is
Implied new lease. Elements: (a) The term of
irreconcilable repugnance bet. 2 legal provi-
the original contract of lease has expired; (b)
sions, there is an implied repeal of the 1st
the lessor has not given the lessee a notice
statute bec. the inconsistency bet. the 2
to vacate; and (c) the lessee continued en-
laws is so clear and definite that one cannot
joying the thing leased for 15 days with the
stand together with the other. [Garcia v. Ma-
acquiescence of the lessor. [Yuki, Jr. v. Wel-
ta, GR L-33713. July 30, 1975]. Compared
lington Co., GR 178527 Nov. 27, 2009].
with Express repeal.
Implied novation. A novation arising from
Implied trust. Also Resulting trust. Requi-
incompatibility of the old and new obliga-
sites: (a) That 2 or more persons agree to
tions, (which) change must refer to the ob-
purchase a property and (b) that they con-
ject, the cause, or the principal conditions of
sent that one should take the title in his
the obligation. [Young v. CA, GR 83271.
name for everyone's benefit. [Nito v. CA, GR
May 8, 1991].
102657. Aug. 9, 1993].
Implied pardon. There is implied pardon when
Implied trust doctrine. The doctrine enunci-
the offended party continued to live with his
ated in Art. 1456 of the Civ. Code [which
spouse even after the commission of the of-
provides that] if property is acquired through
fense. However such consent or pardon
mistake or fraud, the person obtaining it is,
cannot be implied when the offended party
by force of law, considered a trustee of an
allows his wife to continue living in the con-
implied trust for the benefit of the person
jugal home after her arrest only in order to
from whom the property comes.‖ [Armamen-
take care of their children. [Ligtas v. CA, GR
to v. Guerrero, GR L-34228 Feb. 21, 1980].
L-47498. May 7, 1987]. Compare with Ex-
press pardon. Implied trusts. 1. Trusts that come into being
by operation of law. [Art. 1441, CC]. 2.
Implied permission. Ins. In contemplation of a
Those trusts which, without being express,
car insurance policy, any act done con-
are deducible from the nature of the transac-
sistent with the risk insured against and
tion as matters of intent, or which are super-
which, although done without the prior ex-

476
induced on the transaction by operation of Implied warranty of seaworthiness. Mar. Ins.
law as matters of equity, independently of A warranty in every mar. ins. upon a ship or
the particular intention of the parties. [O'laco freight, or freightage, or upon any thing
v. Co Cho Chit, GR 58010. Mar. 31, 1993]. which is the subject of mar. ins., implying
Compare with Express trusts. that the ship is seaworthy. [Sec. 113, IC].
Implied warranties. Warranties implied in Implied warranty of title. A covenant for quiet
mar. ins. such as: (a) That the ship is sea- enjoyment.
worthy to make the voyage and/or to take in
Implied-in-fact contract. Also known as Im-
certain cargoes; (b) that the ship shall not
plied contract. A contract agreed by non-
deviate from the voyage insured; (c) that the
verbal conduct, rather than by explicit
ship shall carry the necessary documents to
words. An agreement 'implied in fact'" as
show nationality or neutrality and that it will
"founded upon a meeting of minds, which,
not carry documents which will cast reason-
although not embodied in an express con-
able suspicion thereon; (d) that the ship
tract, is inferred, as a fact, from conduct of
shall not carry contraband, esp. if it is mak-
the parties showing, in the light of the sur-
ing a voyage through belligerent waters.
rounding circumstances, their tacit under-
standing. See also Contract implied in
(2002), p. 8].
fact.
Implied warranty. That which the law derives
Import. 1. To bring into the Phils. by sea, land
by application or inference from the nature
or air. [Sec. 6, EO 175, May 22, 1987]. 2. To
of the transaction or the relative situation or
bring in with intent to land. [Lichauco &
circumstances of the parties, irrespective of
Company v. Apostol, GR 19628. Dec. 4,
any intention of the seller to create it. [De
1922].
Leon, Comments and Cases on Sales
(2000), p. 304.]. Among the implied warranty Import duties and taxes. Taxes and levies,
provisions of the Civ. Code are: as to the generally in ad valorem form, imposed on
seller‘s title (Art. 1548), against hidden de- goods that enter the country, for the purpose
fects and encumbrances (Art. 1561), as to of protecting locally manufactured goods of
fitness or merchantability (Art. 1562), and similar nature, or for the purpose of generat-
against eviction (Art. 1548). [Ang v. CA, GR ing revenues under the Tariff and Custom
177874, Sep. 29, 2008]. Code. This includes specific taxes on im-
ported goods, advance sales tax and com-
Implied warranty as to quality or fitness.
pensating tax on imported goods.
Sales. The warranty implying that the goods
shall be reasonably fit for such purpose in Import permit. A permit authorizing an indi-
case the buyer, expressly or by implication, vidual to bring in wildlife from another coun-
makes known to the seller the particular try. [Sec. 5, RA 9147].
purpose for which the goods are acquired,
and it appears that the buyer relies on the Import quota. The total value of any item of
import allowed for entry into the Phils. for
seller's skill or judgment (whether he be the
grower or manufacturer or not). [Art. 1562, any specified period. [Sec. 1, RA 426].
CC]. Important cultural properties. Cultural prop-
Implied warranty of merchantability. Sales. erties which have been singled out from
The warranty implying that the goods shall among the innumerable cultural properties
as having exceptional historical and cultural
be of merchantable quality in case the
goods are brought by description from a significance to the Phils. but are not suffi-
seller who deals in goods of that description ciently outstanding to merit the classification
of natl. cultural treasures. [Joya v. PCGG,
(whether he be the grower or manufacturer
or not). [Art. 1562, CC]. GR 96541. Aug. 24, 1993].

477
Importation. 1. The direct purchase, lease or Imports. Data on import arrivals which essen-
charter of newly constructed or previously tially include all goods entering any of the
owned ships, or the purchase of ship's seaports or airports of entry of the Phils .
spare parts from foreign sources or from properly cleared through customs or remain-
registered enterprises operating in special ing under customs control.
economic zones as this terms is defined in
Impossibility of access by husband to wife.
RA 7916 entitled, The Special Economic
[This] would include: (a) absence during the
Zone Act of 1995. [Sec. 3, RA 9295]. 2.
initial period of conception, (b) impotence
Bringing into some port, harbor, or haven,
which is patent, continuing and incurable,
with an intent to land the goods there. It
and (c) imprisonment, unless it can be
takes place when the vessel arrives at a port
shown that cohabitation took place through
of entry, intending there to discharge her
corrupt violation of prison regulations. [Man-
cargo. [Lichauco & Company v. Apostol, GR
resa, 492-500, Vol. I, cited by Tolentino in
19628. Dec. 4, 1922].
Commentaries and Jurisp. on the Civ. Code,
Importation and disposition of falsely Vol. 1, p.90].
marked articles or merchandise made of
Impossibility of performance. Legal or phys-
gold, silver, or other precious metals or
ical impossibility of performing an obligation
their alloys. Crim. Law. The felony commit-
to do without the debtor‘s fault [and which]
ted by any person who shall knowingly im-
extinguishes the obligation. [Ancheta, The
port or sell or dispose of any article or mer-
Law on Obligations and Contracts, Rev. Ed.,
chandise made of gold, silver, or other pre-
p. 98].
cious metals, or their alloys, with stamps,
brands, or marks which fail to indicate the Impossibilium nulla obligatio est. Lat. There
actual fineness or quality of said metals or is no obligation to do impossible things. [Lim
alloys. [Art. 187, RPC]. Co Chui v. Posadas, 47 Phil., pp. 462, 463].
Importation and sale of prohibited drugs. Impossible condition. 1. A condition which is
Crim. Law. The felony committed by any not capable of fulfillment, legally or physical-
person who shall import or bring into the ly. [Diaz, Bus. Law Rev., 1991 Ed., p. 10-
Phils. any prohibited drug, or by any person 11]. 2. A condition that is not possible of re-
who shall unlawfully sell or deliver to anoth- alization bec. it is contrary to either physical,
er prohibited drug. [Art. 192, RPC]. juridical or moral laws. [Jurado, Comments
& Jurisp. on Succ., 1991 8th Ed., p. 211].
Importation, sale and possession of lottery
tickets or advertisements. Crim. Law. The Impossible crime. 1. An act which would be
felony committed by any person who shall an offense against persons or property,
import into the Phil. Islands from any foreign were it not for the inherent impossibility of its
place or port any lottery ticket or advertise- accomplishment or on account of the em-
ment or, in connivance with the importer, ployment of inadequate or ineffectual
shall sell or distribute the same, or any per- means. [Art. 4, RPC]. 2. An offense by
son who shall knowingly and with intent to which the person intending to commit it has
use them, have in his possession lottery already performed the acts for the execution
tickets or advertisements, or shall sell or dis- of the same but nevertheless the crime was
tribute the same without connivance with the not produced by reason of the fact that the
importer of the same. [Art. 196, RPC]. act intended was by its nature one of impos-
sible accomplishment or bec. the means
Importer. Any establishment that imports raw
employed by such person are essentially in-
materials, active ingredients and finished
adequate to produce the result desired by
products for its own use or for distribution to
him. [Art. 59, RPC].
other drug establishments or outlets. [Sec.
4, RA 9502].

478
Impossible crime. Requisites: (a) That the act Impoundment. The refusal by the Pres., for
performed would be an offense against per- whatever reason, to spend funds made
sons or property; (2) that the act was done available by Congress. It is the failure to
with evil intent; and (3) that its accomplish- spend or obligate budget authority of any
ment was inherently impossible, or the type [Phil. Consti. Assoc. v. Enriquez, GR
means employed was either inadequate or 113105. Aug. 19, 1994].
ineffectual. [Jacinto v. People, GR 162540,
Imprison. To put in or as if in prison; confine.
July 13, 2009].
Imprisonment. Putting someone in prison or
Impost. The term also signifies any tax, tribute
in jail as lawful punishment.
or duty, but it is seldom applied to any but
the indirect taxes. [Garcia v. Exec. Sec., GR Imprisonment for life. It is not the same as
101273. July 3, 1992]. "life imprisonment." For one thing, the prop-
er penalty is "life imprisonment." And sec-
Impotence. 1. The physical incapability of a
ondly, the impression created when the
contracting party of consummating a mar-
phrase "imprisonment for life" is used is that
riage. [Nolledo, The Fam. Code of the Phil.
the convict will stay in prison for the rest of
Annotated. 2000 Rev. Ed., p. 79]. 2. The in-
his natural life. The proper penalty is "life
ability of the male organ to copulation, to
imprisonment. [People v. Lucero, GR 84656.
perform its proper function. [Macadangdang
Jan. 4, 1994].
v. CA, GR L-49542. Sep. 12, 1980]. See
Erectile Dysfunction. Improbable. 1. Not likely to be true or to hap-
pen. 2. Unexpected and apparently inau-
Impotencia coeundi. Lat. Inability of the male
thentic.
to perform the sexual act. [Menciano v. San
Jose, GR L-1967 May 28, 1951]. Improbable evidence. Evidence which im-
putes to the parties to a transaction occur-
Impotencia erigendi. Lat. Inability to have an
ring in the ordinary course of business, con-
erection of the penis. [Menciano v. San Jo-
duct inconsistent with the principles by
se, GR L-1967 May 28, 1951].
which men, similarly situated, are usu. gov-
Impotency. The physical inability to have sex- erned.
ual intercourse. [Menciano v. San Jose, GR
Improper. Not in accordance with accepted
L-1967 May 28, 1951]. Compare with Steril-
rules or standards.
ity.
Improperly accumulated taxable income.
Impotent. 1. Unable to take effective action;
Taxable income adjusted by: (a) income ex-
helpless or powerless. 2. Unable to achieve
empt from tax; (b) income excluded from
a sexual erection.
gross income; (c) income subject to final tax;
Impotentia coeundi. Lat. Inability to do the and (d) the amount of net operating loss car-
sexual act. [People v. Olmedillo, GR L- ry-over deducted; and reduced by the sum
42660. Aug. 30, 1982]. of: (a) dividends actually or constructively
paid; and (b) income tax paid for the taxable
Impotentia erigendi. Lat. Inability to have an
year. [Sec. 27, NIRC, as amended].
erection. [People v. Olmedillo, GR L-42660.
Aug. 30, 1982]. Improvement. A valuable addition made to
property or an amelioration in its condition
Impotentia excusat legem. Lat. Impossibility
amounting to more than mere repairs in-
dispenses with law.
tended to enhance its value, beauty or utility
Impound. Seize and hold in the custody of the or to adopt it for new or further purposes.
law. [Sec. 3, RA 9482]. [IRR on Supply & Prop. Mgt., per Sec. 383,
LGC].

479
Improvements. 1. All types of buildings and apprehension of death or serious bodily
residential units, walls, fences, structures or harm if the act is not done. A threat of future
constructions of all kinds of a fixed character injury is not enough. The compulsion must
or which are adhered to the soil but shall not be of such a character as to leave no oppor-
include trees, plants and growing fruits, and tunity to the accused for escape or self-
other fixtures that are mere superimposi- defense in equal combat. [People v. Loreno,
tions on the land, and the value of improve- GR L-54414 July 9, 1984].
ments shall not be less than 50% of the as-
Impulse of an uncontrollable fear of an
sessed value of the property. [Sec. 3, RA
equal or greater injury. Crim. Law. The ev-
7279]. 2. A valuable addition made to prop-
idence must establish: (a) the existence of
erty or an amelioration in its condition,
an uncontrollable fear; (b) that the fear must
amounting to more than more repairs or re-
be real and imminent; and (c) the fear of an
placement of waste, costing labor or capital,
injury is greater than or at least equal to that
and intended to enhance its value, beauty or
committed. [People v. Baron, GR 185209,
utility or to adapt it for new or further pur-
June 28, 2010].
poses. [Sec. 3, PD 464].
Impunity. Exemption from punishment or
Imprudence. 1. The quality or condition of
freedom from the injurious consequences of
being unwise or indiscreet. 2. An unwise or
an action.
indiscreet act. Compare with Negligence.
Impuris manibus nemo accedat curiam. Lat.
Imprudence and negligence. Crim. Law. The
Let no one come to court with unclean
felony committed by any person who, by
hands.
reckless imprudence, shall commit any act
which, had it been intentional, would consti- Imputation. Succ. A mathematical process of
tute a grave felony, or would have constitut- determining whether the value of donation
ed a less grave felony or a light felony, or by can be contained in the legitime or disposa-
any person who, by simple imprudence or ble portion, as the case may be, or not. Its
negligence, shall commit an act which would purpose is to determine whether the dona-
otherwise constitute a grave felony, or would tion is inofficious or not. [Jurado, Comments
have constituted a less serious felony, or & Jurisp. on Succ., 1991 8th Ed., p. 317].
when the execution of the act covered by
Impute. From Lat. imputare: to charge. To
Art. 365 of the Rev. Penal Code shall have
only resulted in damage to the property of attribute something done by one person, as
another, or by any person who, by simple a crime or a fault, to another.
imprudence or negligence, shall cause Imputed negligence. The negligence resulting
some wrong which, if done maliciously, from a party‘s special relationship with an-
would have constituted a light felony. [Art. other party who is originally negligent. A
365, RPC]. blame attributed to an individual not on the
Impulse. Also Compulsion. Legal Med. A basis of his/her conduct but bec. of the con-
duct of another for which he/she becomes
sudden and irresistible force compelling a
person to the conscious performance of legally responsible.
some action without motive or forethought. Imputed negligence doctrine. Doctrine that
[Olarte, Legal Med., 1st Ed. (2004), pp. 150- makes one person legally responsible for
151]. the negligent conduct of another. See Vicar-
ious liability doctrine.
Impulse of an uncontrollable fear of an
equal or greater injury. Crim. Law. The du- In aid of its appellate jurisdiction. 1. [This
ress, force, fear or intimidation that must be means] that if a case may be appealed to a
present, imminent and impending and of particular court or judicial tribunal or body,
such a nature as to induce a well-grounded then said court or judicial tribunal or body

480
has jurisdiction to issue the extraordinary In default. [It contemplates a scenario where]
writ of certiorari, in aid of its appellate juris- one is declared in default due to his failure
diction. [Tuason & Co., Inc. v. Jaramillo, GR to file his answer to the complaint within the
L-18932-33-34 Sep. 30, 1963]. 2. [It means] period required by the Rules of Court.
that a court may issue a writ of certiorari in [Jungco v. CA, GR 78051. Nov. 8, 1989].
aid of its appellate jurisdiction if said court Compare with As in default.
has jurisdiction to review, by appeal or writ
In diem. Lat. A term with a resolutory effect,
of error, the final orders or decisions of the
until a certain day. [PCIB v. Excolin, GR L-
lower court. [De Jesus v. CA, GR 101630
27860 & L-27896. Mar. 29, 1974]. Compare
Aug. 24, 1992].
with Ex die.
In aid of legislation. See Inquiries in aid of
In dubiis reus est absolvendus. Lat. All
legislation.
doubts should be resolved in favor of the
In any manner contravene the tenor of the accused. [People v. Geronimo, GR L-8936,
obligation. The phrase in Art. 1170 of the Oct. 23, 1956].
Civ. Code, includes any illicit task which im-
In dubio pro reo. Lat. 1. When in doubt, rule
pairs the strict and faithful fulfillment of the
for the accused. [People v. Temporada. GR
obligation, or every kind of defective perfor-
173473, Dec. 17, 2008, Sep. Op., Corona,
mance. [Arrieta v. Natl. Rice and Corn
J]. 2. This [principle] is in consonance with
Corp., GR L-15645. Jan. 31, 1964].
the constitutional guarantee that the ac-
In camera. In private. cused ought to be presumed innocent until
and unless his guilt is established beyond
In camera inspection. The examination of
reasonable doubt. [Sec. 14 (2), 1987 Con-
bank records without bringing the docu-
sti.]. See also Lenity rule.
ments outside the bank premises. [Office of
the Ombudsman v. Ibay, GR 137538 Sep. In eo quod plus sit semper inest et minus.
23, 2001]. Lat. 1. The less is always Included in the
greater. 2. The grant of a greater power
In conflict with the law. Taken into custody,
necessarily includes the lesser power. [So-
detained, or charged with the commission of
raino v. Laguardia, GR 164785 Apr. 29,
an act defined and punished as a crime or
2009].
offense under the law, incl. violations of traf-
fic laws, rules and regulations, and ordi- In esse. Lat. In existence. Distinguished from
nances of LGUs. [Rule on Juveniles in Con- In posse, which means ―that which is not,
flict with The Law, AM 02-1-18-SC, Nov. 24, but may be.‖ A child before birth is in posse;
2009]. after birth, in esse.
In custodia legis. Lat. Subjected to the official In extenso. Lat. At full length.
custody of a judicial executive officer in pur-
In extremis. Lat. 1. At the point of death when
suance of his execution of a legal writ.
every hope of recovery is extinct. [People v.
[Tamisin v. Odejar, GR L-12068, May 31,
Laquinon, GR L-45470. Feb. 28, 1985]. 2. In
1960]. Also Custodia legis.
an extremely difficult situation; at the point of
In custody investigation. Investigation con- death.
ducted in the presence of counsel engaged
In facie curiae. Lat. In the face of the courts.
by the person arrested, by any person on
Contumacious acts or statements and mis-
his behalf, or appointed by the court upon
conduct regarded as serious acts flaunted in
petition either of the detainee himself or by
the face of the Court and constituting a
anyone on his behalf. See Custodial inves-
frontal assault upon the integrity of the
tigation.
[Sup.] Court and, through the Court, the en-

481
tire judicial system. [Zaldivar v. Sandi- appropriate action to limit or recoup a loss,
ganbayan, GR 79690. Feb. 1, 1989]. such party may not claim nor be awarded
damages.
In flagrante. Lat. In blazing offense. In the
very act charged against him. [People v. Po- In pari delicto, potior est conditio defendan-
lo, GR 72899. Jan. 30, 1987]. tis et possidentes. Lat. Where both parties
are equally in fault, the condition of the de-
In flagrante delicto. Lat. In the very act of
fendant is preferable, or, as stated in a case,
committing a crime. [People v. Montilla, GR
among those in equal wrong, the situation of
123872. Jan. 30, 1998].
the defendant is the stronger. [Norris v.
In forma pauperis. Lat. In the character or York, 105 Kan. 448, 450, 185 P 43; 32 CJ
manner of a pauper. A phrase that indicates 577. (Record on Appeal, p. 209)].
the permission given by a court to an indi-
In pari delicto, potior est conditio possiden-
gent to initiate a legal action without having
tis. Lat. Where both parties in a dispute are
to pay for court fees or costs due to his or
equally at wrong, the person in possession
her lack of financial resources. See Forma
of the contested property will retain it (i.e.,
pauperis.
the law will not intervene).
In foro conscientiae. Lat. In the forum of
In personam jurisdiction. Intl. Law. The pow-
conscience. [Peole v. Del Rosario, GR L-
er of a court or tribunal to determine the
33270 Nov. 28, 1975].
rights of a party who appears before it.
In futuro. Lat. In the future. At a future time. Compare with In rem jurisdiction.
The opposite of In praesenti.
In personam, Accio or accion. See Accio or
In limine. Lat. At the beginning or on the action personam.
threshold. A motion In limine is a motion that
In posse. Lat. In potential but not in actuality.
is tabled by one of the parties at the very
Compare with In esse.
beginning of the legal procedures.
In praesenti. Lat. At the present time. The
In loco parentis. Lat. In the place of the par-
opposite of In futuro.
ent. 1. Actions of a custodian, guardian or
other person acting in the parent's place. 2. In précis. Lat. In sum; in a nutshell; in recapit-
The rule established in Art. 2180, in con- ulation.
junction with Art. 2176 of the Civ. Code
In rem. Lat. In the thing itself.
which provides that the damage should
have been caused or inflicted by pupils or In rem jurisdiction. Intl. Law. The power of a
students of the educational institution sought court to determine the ownership rights of
to be held liable for the acts of its pupils or persons as to property located within the fo-
students while in its custody. [Phil. School of rum state. Compare with In personam ju-
Bus. Admin. v. CA, GR 84698. Jan. 4, risdiction.
1992].
In rem, Accio or action. See Accio or action
In pari delicto. Lat. In equal fault. in rem.
In pari delicto doctrine. Legal principle that if In terrorem. Lat. As a warning or deterrent.
2 parties in a dispute are equally at fault,
then the party in possession of the contest- In the main. For the most part; chiefly; mainly;
ed property gets to retain it and the courts primarily; principally.
will not interfere with the status quo. It im- In transit. On the way or passage; while pass-
plies that if a party whose action or failure to ing from one person or place to another. In
act precipitates breach of a contract, or who the course of transportation. [Calme v. CA,
fails to take appropriate action or takes in- GR 116688. Aug. 30, 1996, p. 738].

482
In transitu. Lat. In transit; on the way or pas- Incest. Legal Med. Sexual relations bet. per-
sage; while passing from one‘s person or sons who are relatives by blood. [Olarte,
place to another. In the course of transporta- Legal Med., 1st Ed. (2004), p. 114].
tion.
Incestuous marriages. Marriages bet. the
In trust. An obligation upon a person arising following are incestuous and void from the
out of a confidence reposed in him to apply beginning, whether relationship bet. the par-
properly, faithfully and acc. to such confi- ties be legitimate or illegitimate: (a) bet. as-
dence. [Robles v. CA, GR 59640. July 15, cendants and descendants of any degree;
1991]. and (b) bet. brothers and sisters, whether of
the full or half blood. [Art. 37, FC].
Inadequate judgment. See Incomplete
judgment. Incet ipsa per se aequitas. Lat. Equity shines
by her own right.
Inadmissible. That which, under the rules of
evidence, cannot be admitted or received as Inchamaree. The mar. ins. term derived from
evidence. a steamer by that name in which a pump
was damaged by its crew's negligence. After
Inappropriate provisions. 1. Any provision [in
the decision of a British Court that such an
an appropriations bill] which does not relate
accident was not a peril of the sea and
to any particular item, or which extends in its
hence not covered by the standard insur-
operation beyond an item of appropriation x
ance contracts of that time, maritime insur-
x x [and] can be vetoed separately from an
ance contracts specifically included a com-
item. 2. Unconstitutional provisions and pro-
prehensive clause on such risks called an
visions which are intended to amend other
Inchamaree clause.
laws, bec. clearly these kind of laws have no
place in an appropriations bill. These are Inchamaree clause. Mar. Ins. A clause which
matters of general legislation more appro- makes the insurer liable for loss or damage
priately dealt with in separate enactments. to the hull or machinery arising from the (a)
[Philconsa V. Enriquez, GR 113105. Aug. negligence of the captain, engineers, etc.;
19, 1994]. (b) explosions, breakage of shafts; and (c)
latent defect of machinery or hull. So-called
Incapable of pecuniary estimation. [Where]
for a famous legal decision involving a ves-
the subject of the litigation may not be esti-
sel of that name.
mated in terms of money [as] the basic is-
sue is something other than the right to re- Inchoate. From Lat. inchoare: to start work on.
cover a sum of money, or where the money 1. Begun, but not completed; imperfectly
claim is purely incidental to, or a conse- formed or developed. 2. A mere expectancy.
quence of, the principal relief sought, [Ray- [Quiao v. Quiao, GR 176556, July 4, 2012].
mundo v. CA, GR 97805. Sep. 2, 1992].
Inchoate interest. The interest of each
Compare with Capable of pecuniary esti-
spouse in the conjugal assets [prior to the
mation.
liquidation of the conjugal partnership which
Incapacity. 1. The lack of physical or intellec- is] a mere expectancy, [one] which consti-
tual power or of natural or legal qualification. tutes neither a legal nor an equitable estate,
[Luciano v. Prov. Governor, GR L-30306. and does not ripen into title until it appears
June 20, 1969, 1964 Ed., p. 1141]. 2. Lack that there are assets in the community as a
of legal ability to act; disability, incompe- result of the liquidation and settlement.
tence; lack of adequate power. [Quiao v. Quiao, GR 176556, July 4, 2012].
Incarceration. Imprisonment in a jail or peni- Incidence of taxation. That point on which the
tentiary. tax burden finally rests or settles down. It
takes place when shifting has been effected

483
from the statutory taxpayer to another or ing any direct part in the crime of sedition,
someone else who cannot pass on the bur- should incite others to the accomplishment
den further. [De Leon, Fundamentals of of any of the acts which constitute sedition,
Taxation, 2000 Ed., p. 53]. by means of speeches, proclamations, writ-
ings, emblems, cartoons, banners, or other
Incident. 1. Any occurrence or series of occur-
representations tending to the same end, or
rences having the same origin which causes
upon any person or persons who shall utter
pollution damage or creates a grave and
seditious words or speeches, write, publish,
imminent threat of causing such damage:
or circulate scurrilous libels against the
Provided, That a series of occurrences shall
Govt. of the Phils., or any of the duly consti-
be treated as having occurred on the date of
tuted authorities thereof, or which tend to
the 1st such occurrence. [Sec. 3, RA 9483].
disturb or obstruct any lawful officer in exe-
2. Anything which is inseparably belongs to,
cuting the functions of his office, or which
or is connected with, or inherent in, another
tend to instigate others to cabal and meet
thing, called the principal. Anything which is
together for unlawful purposes, or which
usu. connected with another, or connected
suggest or incite rebellious conspiracies or
for some purposes, though not inseparably.
riots, or which lead or tend to stir up the
[Malaloan v. CA, GR 104879. May 6, 1994
people against the lawful authorities or to
79 (5th Ed. 1979)].
disturb the peace of the community, the
Incident in the main case. It presupposes a safety and order of the Govt., or who shall
main case which, perforce, must be within knowingly conceal such evil practices. [Art.
the court's jurisdiction. [GR 104879. May 6, 142, RPC, as reinstated by EO 187].
1994. Malaloan v. CA].
Inciting to war or giving motives for repris-
Incidental fraud. Also Dolo incidente. 1. als. Crim. Law. The felony committed by
Fraud in the performance of a pre-existing any public officer or employee, and any pri-
obligation. It is the deliberate act to evade vate individual, who, by unlawful or unau-
the proper performance of the obligation. thorized acts provokes or gives occasion for
[Diaz, Bus. Law Rev., 1991 Ed., p. 8]. 2. a war involving or liable to involve the Phils.
Those deceptions or misrepresentations or exposes Filipino citizens to reprisals on
which are not serious in character and with- their persons or property. [Art. 118, RPC].
out which the other party would still have en-
Inclement. Unpleasantly cold or wet.
tered into the contract. [Geraldez v. CA, GR
108253. Feb. 23, 1994]. Inclement weather. 1. It shall mean that a
typhoon signal is raised in the locality. [Sec.
Incite. 1. To encourage or stir up violent or
3, RA 8491]. 2. Unpleasant weather, which
unlawful behavior. 2. To urge or persuade
is stormy or rainy weather.
someone to act in a violent or unlawful way
Inclusio unius est exclusio alterius. Lat. The
Inciting a rebellion or insurrection. Crim.
inclusion of one is the exclusion of the other.
[People v. City Court of Silay, GR L-43790.
who, without taking arms or being in open
Dec. 9, 1976].
hostility against the Govt., shall incite others
to the execution of any of the acts specified Income. 1. All revenues and receipts collected
in Art. 134 of the Rev. Penal Code, by or received, forming the gross accretions of
means of speeches, proclamations, writings, funds of the Govt. [Sec. 14, PD 477]. 2. An
emblems, banners or other representations amount of money coming to a person or
tending to the same end. [Art. 138, RPC, as corp. within a specified time, whether as
reinstated by EO 187]. payment for services, interest or profit from
investment. Unless otherwise specified, it
Inciting to sedition. Crim. Law. The felony
means cash or its equivalent. Income can
committed by any person who, without tak-

484
also be thought of as a flow of the fruits of mance of potentially overlapping public du-
one's labor. [Conwi v. CA, GR L-48532. ties.
Aug. 31, 1992]. 3. A flow of services ren-
Incompatible offices. Pol. Law. Offices the
dered by that capital by the payment of
duties and functions of which are inherently
money from it or any other benefit rendered
inconsistent and repugnant, so that bec. of
by a fund of capital in relation to such fund
the contrariety and antagonism which would
through a period of time. [Madrigal v. Raffer-
result from the attempt of one person to dis-
ty, GR L-12287 Aug. 7, 1918]. 4. The flow of
charge faithfully, impartially, and efficiently
wealth. [Howden and Co., Ltd. v. Coll. of Int.
the duties of both offices, considerations of
Rev., GR L-19392 Apr. 14, 1965].
public policy render it improper for an in-
Income. Requisites to be taxable: (a) There cumbent to retain both. [Punsalan v. Men-
must be gain; (b) the gain must be realized doza, GR L-69576. Nov. 19, 1985].
or received and (c) the gain must not be ex-
Incompetence. Lack of ability, legal qualifica-
cluded by law or treaty from taxation. [CIR v.
tion or fitness to discharge the required duty
CA, GR 108576, 20 Jan. 1999].
. . . want of physical or intellectual or moral
Income bonds. Corp. Law. Bonds which may fitness. [Homecillo, Carmelito V., CSC Res.
not be secured payable out of the net profits 97-0792, Jan. 28, 1997].
of the issuing corp. [Diaz, Bus. Law Rev.,
Incompetency. The manifest lack of adequate
1991 Ed., p. 269].
ability and fitness for the satisfactory per-
Income from public enterprises and in- formance of official duties by reason of the
vestments. Receipts paid to the govt. from officer's vice or vicious habits. This has ref-
all properties and investments income such erence to any physical, moral or intellectual
as dividends, interest, rent and royalties. quality the lack of which substantially inca-
pacitates one to perform the duties of a
Income tax. 1. Tax on all yearly profits arising
peace or public safety officer. [Sec. 8, PD
from property, professions, trades or offices,
971].
or as a tax on a person‘s income, emolu-
ments, profits and the like. [Teodoro & De Incompetent evidence. Evidence which is not
Leon, Law on Income Taxation, 11th Ed. admissible under the established rules of
(2001), p. 1]. 2. Tax on a person's income evidence. Evidence which the law does not
and profits. permit to be presented at all, or in relation to
the particular matter, on account of lack of
Income taxes. All taxes paid for the preceding
originality or of some defect in the witness,
calendar year, whether derived from em-
the document, or the nature of the evidence
ployment or business. [CSC‘s Guidelines on
itself.
the use of the rev. SALN form].
Incompetent witness. An offered witness who
Income-generating real estate. Real property
is not qualified under the rules of testimonial
which is held for the purpose of generating a
evidence. [Francisco, Evidence, Vol. VII,
regular stream of income such as rentals,
Part 1, 1997 Ed., p. 7].
toll fees, user's fees and the like, as may be
further defined and identified by the SEC. Incompetents. 1. Persons who, though of
[Sec. 3, RA 9856]. sound mind but by reason of age, disease,
weak mind or other similar causes are inca-
Incompatibility of public offices doctrine.
pable of taking care of themselves and their
Pol. Law. It concerns a potential clash of 2
property without outside aid. [Hernandez v.
incompatible public offices held by a single
Abrille, GR 166470, aug. 4, 2009]. 2. Per-
official. In other words, the doctrine con-
sons who lack ability, legal qualification, or
cerns a conflict bet. an individual‘s perfor-
fitness to manage their own affairs.

485
Incomplete. 1. Not having all the necessary or Incorporate union. Intl. Law. A union of 2 or
appropriate parts. 2. Not full or finished. more states under a central authority em-
powered to direct both their internal and ex-
Incomplete instrument not delivered. Nego
ternal affairs and possessed of intl. person-
Inst. Law. An incomplete instrument which
ality. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
has not been delivered, and which will not, if
14].
completed and negotiated without authority,
be a valid contract in the hands of any hold- Incorporation. 1. The process of legally de-
er, as against any person whose signature claring a corporate entity as separate from
was placed thereon before delivery. [Sec. its owners. It involves the drafting "AOI"
15, NIL]. which lists the primary purpose of the busi-
ness and its location, along with the number
Incomplete judgment. 1. A judgment which
of shares and class of stock being issued, if
directs that a party be reimbursed his actual
any. 2. The performance of conditions, acts,
litigation expenses without determination of
deeds, and writings by incorporators, and
such amount, where no trial was held in the
the official acts, certification or records,
lower court which had wrongly dismissed
which give the corp. its existence.
her complaint. To fully dispose of the con-
troversy, the judgment should provide for Incorporation by reference. The incorp. into
the remand of the case to the lower court a will, duly executed and witnessed acc. to
only for the purpose of fixing and determin- statutory requirements, by an appropriate
ing the amount of such actual litigation ex- reference a written paper or document
penses, without prejudice to the parties which is in existence at the time of the exe-
coming to an agreement as to a mutually cution of the will, irrespective of whether
acceptable amount to be paid to the peti- such document is one executed by the tes-
tioner by way of reimbursement. [Lina v. tator or a 3rd person, whether it is in and of
Purisima, GR L-39380. Apr. 14, 1978]. 2. A itself a valid instrument, provided the docu-
judgment which has not decided what ought ment referred to is identified by clear and
to be decided is incapable of becoming final; satisfactory proof. [Jurado, Comments & Ju-
immutability for purposes of execution does risp. on Succ., 1991 8th Ed., p. 114].
not attach to a judgment that is materially
Incorporation doctrine. Intl. Law. 1. As ap-
equivocal or which suffers from either patent
plied in most countries, the rules of intl. law
or latent ambiguity. [Hernandez v. Colayco,
are given a standing equal, not superior, to
GR L-39800. June 27, 1975]. Also Inade-
natl. legislative enactments. [Philip Morris v.
quate judgment.
CA, GR 91332. July 16, 1993]. 2. The doc-
Incomplete justification. Crim. Law. A special trine that holds that customary intl. law is
or privileged mitigating circumstance, which, part of domestic law to the extent it is not in-
not only can not be offset by aggravating consistent. 3. The doctrine that postulates
circumstances but also reduces the penalty that the generally accepted principles of intl.
by 1 or 2 degrees than that prescribed by law are automatically incorporated in the
law. [Lacanilao v. CA, GR L-34940. June 27, municipal law of each state upon its admis-
1988]. sion to the family of nations. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 8]. Compare with
Incontestability clause. An agreement in an
Transformation doctrine.
insurance policy by which the insurance
company limit the period of time in which it Incorporation rule. The rule that the nationali-
will interpose objections to the validity of the ty of a corp. is that of the State under whose
policy or set up any defense. [Tiopianco, laws such corp. was organized. [Diaz, Bus.
Commentaries and Jurisp. on the Ins. Code Law Rev., 1991 Ed., p. 245]. Compare with
of the Phil., 1999 Ed., p. 52-53]. Control test.

486
Incorporation test. The nationality of a corp. person the commission of a crime. [Art. 363,
is determined by the state of incorp., regard- RPC].
less of the nationality of the stockholders.
Incumbent. A person who is in present pos-
Incorporators. Those stockholders or mem- session of an office. [Tejada v. Domingo GR
bers mentioned in the AOI as originally 91860, Jan. 13, 1992].
forming and composing the corp. and who
Incumbency. The holding of an office or the
are signatories thereof. [Sec. 5, Corp.
period during which one is held.
Code].
Incurability. Fam. Law. [The psychological
Incorporeal. Legal rights which are intangible
incapacity as a ground to annul a marriage]
such as copyrights or patents.
must be incurable, or even if it were other-
Increased risk theory. The rule that in order wise, the cure would be beyond the means
for the employee to be entitled to sickness of the party involved. [Dimayuga-Laurena v.
or death benefits, the sickness or death re- CA, GR 159220, 22 Sep. 2008]. See also
sulting therefrom must be, or must have re- Gravity and Juridical antecedence.
sulted from any illness caused by employ-
Indebted. Owing money; Owing gratitude for a
ment subject to proof that the risk of con-
service or favor.
tracting the same is increased by working
conditions. [Librea v. ECC, GR L-58879. Indebtedness. An unconditional and legally
Nov. 14, 1991]. enforceable obligation for the payment of
money. [CIR v. Prieto, GR L-13912, Sep.
Increment. 1. An increase or addition, esp.
30, 1960].
one of a series on a fixed scale. 2. A regular
increase in salary on such a scale. Indecency. An act against good behavior and
just delicacy. [People v. Kottinger, GR
Incremental. Increasing gradually by regular
20569. Oct. 29, 1923].
degrees or additions.
Indecent. Not conforming with generally ac-
Incremental penalty. Crim. Law. An additional
cepted standards of behavior or propriety;
penalty of fine based on the value of the
obscene.
gain obtained by the accused on top of the
principal penalty, which is that incurred for Indecent exposure. The act of intentionally
the acts of violence. [People v. Alfeche, Jr. showing one's sexual organs in public. See
GR 102070. July 23, 1992]. Exhibitionism.
Incremental penalty rule. Crim. Law. A math- Indecent shows. Crim. Law. The felony com-
ematical formula for computing the penalty mitted by those who shall sell, give away or
to be actually imposed using the prescribed exhibit films, prints, engravings, sculpture or
penalty as the starting point. This special literature which are offensive to morals. [Art.
rule is applicable in estafa and in theft. 201, RPC, as amended by PD Nos. 960 and
[People v. Temporada, GR 173473, Dec. 969].
17, 2008].
Indefeasibility of torrens titles doctrine.
Incriminate. To make someone appear guilty Doctrine that a torrens title, as a rule, is ir-
of a crime or wrongdoing; to strongly imply revocable and indefeasible, and the duty of
the guilt of someone. the court is to see to it that this title is main-
tained and respected unless challenged in a
Incriminating innocent person. Crim. Law.
direct proceeding. [Dir. of Lands v. Gan Tan,
The felony committed by any person who,
GR L-2664, May 30, 1951]. See Doctrine of
by any act not constituting perjury, shall di-
indefeasibility of torrens titles.
rectly incriminate or impute to an innocent

487
Indefeasible. A right or title in property that [Tiopianco, Commentaries & Jurisp. on the
cannot be made void, defeated or canceled Ins. Code of the Phil., 1999 Ed., p. 20-21].
by any past event, error or omission in the
Indent. A purchase order for goods esp. when
title. For example, certificates of title issued
sent from a foreign country. [Schmid &
under a Torrens land titles system is said to
Oberly v. RJL Martinez Fishing Corp., GR
be indefeasible bec. the govt. warrants that
75198. Oct. 18, 1988
no interest burdens the title other than those
on the certificate. Indentor. One who, for compensation, acts as
a middleman in bringing about a purchase
Indelible. Making marks that cannot be re-
and sale of goods bet. a foreign supplier and
moved.
a local purchaser. [Schmid & Oberly v. RJL
Indelible allegiance doctrine. Intl. Law. A Martinez Fishing Corp., GR 75198. Oct. 18,
doctrine under which an individual may be 1988].
compelled to retain his orig. nationality not-
Independence. Intl. Law. 1. Also known as
withstanding that he has already renounced
External sovereignty, it signifies the freedom
it under the laws of another state whose na-
of the state to control its own foreign affairs.
tionality he has acquired. [Cruz, Intl. Law
[Sandoval, Pol. Law Reviewer 2003]. 2. The
Reviewer, 1996 Ed., p. 104]. See also Doc-
external manifestation of sovereignty, which
trine of indelible allegiance.
also embraces power over internal matters.
Indelible ink. A semi-permanent ink or dye The power of a state to administer its exter-
that is applied to the forefinger of voters dur- nal affairs without direction or interference
ing elections in order to prevent electoral from another state. [Cruz, Intl. Law Review-
fraud such as double voting. er, 1996 Ed., p. 37].
Indemnification. 1. The act of indemnifying; Independence principle. 1. The principle by
the condition of being indemnified. which the bank determines compliance with
2. Something that indemnifies; a compensa- the letter of credit only by examining the
tion for loss. shipping documents presented; it is pre-
cluded from determining whether the main
Indemnification for damages. It compre-
contract is actually accomplished or not.
hends not only the value of the loss suf-
[Bank of America, NT & SA v. CA, GR
fered, but also that of the profits which the
105395. Dec. 10, 1993]. 2. [The principle
obligee failed to obtain. [Art. 2200, CC].
that] the relationship of the buyer and the
Indemnify. 1. To protect against damage, bank is separate and distinct from the rela-
loss, or injury; insure. 2. To make compen- tionship of the buyer and seller in the main
sation to for damage, loss, or injury suffered. contract; the bank is not required to investi-
gate if the contract underlying the Letter of
Indemnity. 1. Payment made for a certain loss Credit (LC) has been fulfilled or not bec. in
or damage. [Tiopianco, Commentaries & Ju- transactions involving LCs, banks deal only
risp. on the Ins. Code of the Phil., 1999 Ed., with documents and not goods. [BPI v. De
p. 20]. 2. Security against damage, loss, or
Reny Fabric Industries, Inc., GR L-2481,
injury; a legal exemption from liability for Oct. 16, 1970]. In effect, the buyer has no
damages; compensation for damage, loss, course of action against the issuing bank.
or injury suffered. See also Reparation. The exception to this principle is the Fraud
Indemnity principle. Ins. The principle by exception rule.
which an insured is compensated for losses
Independent adjuster. Any person, partner-
sustained and is placed as much as possi- ship, assoc. or corp. which, for money,
ble in the same pecuniary position as he oc- commission or any other thing of value, acts
cupied immediately before the misfortune.
for or on behalf of an insurer in the adjusting

488
of claims arising under insurance contracts pendent judgment in carrying out the re-
or policies issued by such insurer. [Sec. sponsibilities of a director. [Sec 38, SRC].
324, IC]. This means that apart from the directors'
fees and shareholdings, he should be inde-
Independent certification. See Third party
pendent of management and free from any
certification.
business or other relationship which could
Independent Certified Public Accountant. materially interfere with the exercise of his
An accountant who possesses the inde- independent judgment. [SEC Res. 135, S.
pendence as defined in the rules and regu- 2002].
lations of the Board of Accountancy promul-
Independent power producer (IPP). 1. An
gated pursuant to PD 692, otherwise known
existing power generating entity which is not
as the Rev. Accountancy Law. [Sec. 232,
owned by the govt. [Sec. 4, RA 9136]. 2.
NIRC, as amended].
Private investor engaged in power genera-
Independent contractor relationship. Labor. tion from coal-fired power plant, or any other
Criteria: Whether or not the contractor is energy sources (oil, hydro, geothermal etc.).
carrying on an independent business; the [Sec. 1.2, IRR, EO 354 dated 5 July 1996].
nature and extent of the work; the skill re-
Independent state. Intl. Law. 1. A state that
quired; the term and duration of the relation-
has full freedom in the direction of its affairs,
ship; the right to assign the performance of
both domestic and foreign. It may either be
a specified piece of work; the control and
simple or composite. [Cruz, Intl. Law Re-
supervision of the work to another; the em-
viewer, 1996 Ed., p. 12]. 2. A state that is
ployer's power with respect to the hiring, fir-
sovereign; one that operates independently
ing and payment of the contractor's workers;
internationally. Compare with Dependent
the control of the premises; the duty to sup-
state.
ply the premises, tools, appliances, materi-
als, and labor; and the mode, manner and Indeterminate. Not certain, known, or estab-
terms of payment. [DOLE Phils. Inc. v. Es- lished.
teva, GR 161115, Nov. 30, 2006].
Indeterminate sentence. 1. A sentence the
Independent contractors. Labor. Persons, maximum term of which shall be that which,
juridical or natural, who exercise independ- in view of the attending circumstances,
ent employment, contracting to do a piece of could be properly imposed under the rules
work acc. to their own methods and without of the Rev. Penal Code, and the minimum
being subjected to control of their employer which shall be within the range of the penal-
except as to the result of their work. [Villuga ty next lower to that prescribed by the Code
v. NLRC, GR 75038. Aug. 23, 1993]. for the offense. [Sec. 1, Indeterminate Sen-
tence Law]. 2. A sentence of imprisonment
Independent contractorship. Labor. The test
to a specified minimum and maximum peri-
is ―whether one claiming to be an
od of time, specifically authorized by statute,
independent contractor has contracted to do
subject to termination by a parole board or
the work acc. to his own methods and
other authorized agency after the prisoner
without being subject to the control of the
has served the minimum term.
employer, except only as to the results of
the work.‖ [San Miguel Corp. v. Aballa, GR Indeterminate Sentence Law. Act. 4103, as
149011, June 28, 2005]. amended, entitled ―An Act to provide for an
indeterminate sentence and parole for all
Independent director. A person other than an
persons convicted of certain crimes by the
officer or employee of the corp., its parent or
courts of the Phil. Islands; to create a Board
subsidiaries, or any other individual having a
of Indeterminate Sentence and to provide
relationship with the corporation, which
would interfere with the exercise of inde-

489
funds therefor; and for other purposes‖ en- in existing official Land Classiflcation Maps,
acted on Dec. 5, 1933. and proposed amended boundaries, if there
be any. [Sec. 4, DENR AO 2008-24].
Indeterminate Sentence Law. When not ap-
plicable: a. Offenses punished by death or Indicative use. The use of the emblem show-
life imprisonment; b. Those convicted of ing that a person or an object is linked to an
treason [Art. 114, RPC], conspiracy or pro- institution of the Intl. Red Cross and Red
posal to commit treason [Art. 115, RPC]; c. Crescent Movement. The emblem shall be
Those convicted of misprision of treason small in size. [Sec. 3, RA 10530].
[Art. 116, RPC], rebellion [Art. 134, RPC],
Indicia. Lat. Signs; Indications. Circumstances
sedition [Art. 139, RPC], or espionage [Art.
which point to the existence of a given fact
117, RPC]; d. Those convicted of piracy [Art.
as probable, but not certain. The term is
122, RPC]; e. Habitual delinquents [Art. 62,
much used in civil law in a sense nearly or
par. 5, RPC]; f. Those who escaped from
entirely synonymous with circumstantial evi-
confinement or those who evaded sentence;
dence. It denotes facts which give rise to in-
g. Those granted conditional pardon and
ferences, rather than the inferences them-
who violated the terms of the same [Art.
selves.
159, RPC; People v. Corral, GR 48938 Sep.
27, 1943]; h. Those whose maximum period Indicium. Sing. of Indicia.
of imprisonment does not exceed one year;
i. Those who are already serving final judg- Indict. To formally accuse or charge someone
ment upon the approval of the Indeterminate with a serious crime.
Sentence Law; j. those offenses or crimes Indictment. A formal charge or accusation of a
not punishable by imprisonment such as serious crime.
distierro and suspension.
Indigenous. 1. Originating and living or occur-
Indeterminate thing. That which is uncertain ring naturally in an area or environment.
or not particularly designated. See Generic 2. Intrinsic; innate. 3. Native.
thing.
Indigenous cultural communities or Indige-
Index animi sermo est. Lat. Speech is the nous peoples (ICCs or IPs). A group of
index of intention. [Globe-Mackay Cable and people or homogenous societies identified
Radio Corp. v. NLRC, GR 82511 Mar. 3, by self-ascription and ascription by others,
1992]. who have continuously lived as organized
Indian hemp. Also Marijuana. Every kind and community on communally bounded and de-
class of the plant cannabis sativa L. from fined territory, and who have, under claims
of ownership since time immemorial, occu-
which the resin has not been extracted, incl.
cannabis americana, hashish, bhang, gua- pied, possessed and utilized such territories,
za, churrus and ganjah, and embraces eve- sharing common bonds of language, cus-
ry kind, class and character of Indian hemp, toms, traditions and other distinctive cultural
whether dried or fresh, flowering or fruiting traits, or who have, through resistance to
political, social and cultural inroads of colo-
tops of the pistillate plant, and all its geo-
graphic varieties, whether as a reefer, resin, nization, non-indigenous religions and cul-
extract, tincture or in any form whatsoever. tures, became historically differentiated from
[Sec. 2, RA 6425]. See Cannabis. the majority of Filipinos. [Sec. 4, RA 8371].
Indicative. Serving as a sign or indication of Indigenous cultural community. 1. A group

or tribe of indigenous Filipinos who have
something.
continuously lived as communities on com-
Indicative map. A map indicating the land munally-bounded and defined land since
classification (LC) lines surveyed during the time immemorial and have succeeded in
previous land classification work as shown preserving, maintaining, and sharing com-

490
mon bonds of languages, customs, tradi- therefor, and for other purposes‖ enacted on
tions, and other distinctive cultural traits, and Oct. 29, 1997.
as may be defined and delineated by law.
Indigenous petroleum. Locally extracted
[Sec. 3, RA 7942]. 2. A group of people
mineral oil, hydrocarbon gas, bitumen, crude
sharing common bonds of language, cus-
asphalt, mineral gas and all other similar or
toms, traditions and other distinctive cultural
naturally associated substances with the ex-
traits, and who have, since time immemorial,
ception of coal, peat, bituminous shale
occupied, possessed and utilized a territory.
and/or stratified mineral deposits. [Sec. 1,
[Sec. 4, RA 7586].
RA 7729].
Indigenous materials. Raw materials grown
Indigenous political structures. Organiza-
and/or produced in the Phils. [Sec. 2, PD
tional and cultural leadership systems, insti-
2032].
tutions, relationships, patterns and process-
Indigenous peoples. A group of people or es for decision-making and participation,
homogenous societies identified by self- identified by Indigenous Cultural Communi-
ascription and ascription by other, who have ties or Indigenous Peoples (ICCs or IPs)
continuously lived as organized community such as, but not limited to, Council of Elders,
on communally bounded and defined territo- Council of Timuays, Bodong Holders, or any
ry, and who have, under claims of owner- other tribunal or body of similar nature. [Sec.
ship since time immemorial, occupied; pos- 4, RA 8371].
sessed customs, tradition, and other distinc-
Indigenous wildlife. Species or subspecies of
tive cultural traits, or who have, through re-
wildlife naturally occurring or has naturally
sistance to political, social, and cultural in-
established population in the country. [Sec.
roads of colonization, non-indigenous reli-
5, RA 9147].
gions and culture, became historically differ-
entiated from the majority of Filipinos. They Indigent. 1. A person who has no visible
shall likewise include peoples who are re- means of income or whose income is insuf-
garded as indigenous on account of their ficient for the subsistence of his family.
descent from the populations which inhabit- [Enaje v. Ramos, GR L-22109. Jan. 30,
ed the country, at the dime of conquest or 1970]. 2. Needy or impoverished. A defend-
colonization, or at the time of inroads of non- ant who can demonstrate his or her indi-
indigenous religions and cultures, or the es- gence to the court may be assigned a court-
tablishment of present state boundaries, appointed attorney at public expense. Com-
who retain some or all of their own social. pare with Pauper. 3. Health Ins. A person
economic, cultural, and political institutions, who has no visible means of income, or
but who may have been displaced from their whose income is insufficient for the subsist-
traditional domains or who may have reset- ence of his family, as identified by the
tled outside their ancestral domains as de- DSWD based on specific criteria set for this
fined under Sec. 3(h), Chap. II of RA 8371, purpose in accordance with the guiding
otherwise known as "The Indigenous Peo- principles set forth in Art. I of RA 7875. [Sec.
ples Rights Act of 1997" (IPRA of 1997). 3, RA 10606].
[Sec. 4, RA 9710].
Indigent and pauper litigants. Those defined
Indigenous Peoples Rights Act (IPRA) of under Rule 141, Sec. 19 of the Rules of
1997, The. RA 8371 entitled ―An act to rec- Court and Algura v. The LGU of the City of
ognize, protect and promote the rights of in- Naga [GR 150135, 30 Oct. 2006].
digenous cultural communities or indigenous
peoples, creating a Natl. Commission On Indigent litigant. Anyone who has no visible
means of support or whose income does not
Indigenous Peoples, establishing imple-
menting mechanisms, appropriating funds exceed P300 per month or whose income
even in excess of P300 per month is insuffi-

491
cient for the subsistence of his family. [Enaje out authority; and failure to obey subpoena
v. Ramos, GR L-22109. Jan. 30, 1970]. served. Compare with Direct contempt.
Indigent party. 1. Indigent party. A party who Indirect employer. Labor. Any person, part-
has no money or property sufficient and nership, assoc. or corp. which, not being an
available for food, shelter and basic necessi- employer, contracts with an independent
ties for himself and his family. [culled from contractor for the performance of any work,
Sec. 21, Rule 3, RoC]. 2. One who is au- task, job or project. [Art. 107, LC].
thorized by the court to prosecute his action
Indirect initiative. Exercise of initiative by the
or defense as an indigent upon an ex parte
people through a proposition sent to Con-
application and hearing showing that he has
gress or the local legislative body for action.
no money or property sufficient and availa-
[Sec. 3, RA 6735].
ble for food, shelter and basic necessities
for himself and his family. [Suarez, Pol. Law Indirect solar energy. The energy content of
Reviewer, 1st Ed., 2002, p. 199]. solar radiation harnessed by initially collect-
ing sunlight in a natural manner such as ab-
Indigent senior citizen. Any elderly who is
sorption by land, atmosphere, ocean surface
frail, sickly or with disability, and without
and plants. This natural collection mode
pension or permanent source of income,
gives rise to winds [by thermal gradients in
compensation or financial assistance from
the atmosphere], produces organic matter or
his/her relatives to support his/her basic
bio-mass and creates ocean thermal gradi-
needs, as determined by the DSWD in con-
ents bet. the surface and its depths. [Sec. 2,
sultation with the Natl. Coordinating and
PD 1068]. See Direct solar energy.
Monitoring Board (NCMB). [Sec. 3. RA
9994]. Indirect tax. Tax levied on the sale of, use of
or expenditure on goods and services, such
Indirect assault. Crim. Law. The use of force
as excise tax, sales tax, VAT, import duties,
or intimidation by any person upon another
export tax, documentary and stamp taxes,
person coming to the aid of the authorities
forest charges, and others.
or their agents on occasion of the commis-
sion of any of the crimes defined in Art. 148 Indirect taxes. 1. Those taxes which are de-
of the Rev. Penal Code. [Art. 149, RPC]. manded from one person in the expectation
Compare with Direct assault. and intention that he shall indemnify himself
at the expense of another. An example of
Indirect attack on a title. Also Collateral
this type of tax is the sales tax levied on
attack on a title. In an action to obtain a dif-
sales of a commodity. [Maceda v. Macaraig,
ferent relief, an attack on the judgment
GR 88291. May 31, 1991]. 2. Those that are
[which] is nevertheless made as an incident
demanded in the 1st instance from one per-
thereof. [Sarmiento v. CA, GR 152627, Sep.
son in the expectation and intention that he
16, 2005]. Compare with Direct attack on a
can shift the burden to someone else. [CIR
title.
v. John Gotamco & Sons, Inc., GR L-31092.
Indirect bribery. Crim. Law. The felony com- Feb. 27, 1987]. Compare with Direct taxes.
mitted by any public officer who shall accept
Indirect. The term would signify an act done
gifts offered to him by reason of his office.
not straight to the point. [Guerrero v. Villam-
[Art. 211, RPC].
or, GR 82238-42. Nov. 13, 1989].
Indirect contempt. Such acts as misbehavior
Indispensable. Absolutely necessary or es-
by a court official in the performance of his
sential.
official duties; disobedience or resistance to
a lawful writ, process order or judgment of Indispensable party. Civ. Pro. 1. A party in
the court; assuming to be an attorney or an interest without whom no final determination
officer of the court and acting as such with- can be had of an action. [Sec. 7, Rule 3,

492
RoC]. 2. A party without whom the action Indivisible obligation. An obligation the ob-
cannot be finally determined, whose interest ject of which, in its delivery or performance,
in the subject matter of the suit and in the is not capable of partial performance. [Diaz,
relief sought is so intertwined with that of the Bus. Law Rev., 1991 Ed., p. 29]. Compare
other parties that his legal presence as a with Divisible obligation.
party to the proceeding is an absolute ne-
Indorsement. Nego Inst. Law. Legal transac-
cessity. [Rep. v. Sandiganbayan, GR 92594.
tion effected by affixing one‘s signature (a)
Mar. 4, 1994]. 3. Those parties who possess
at the back of the instrument; or (b) upon a
such an interest in the controversy that a fi-
paper (allonge) attached thereto with or
nal decree would necessarily affect their
without additional words specifying the per-
rights, so that the courts cannot proceed
son to whom or to whose order the instru-
without their presence. [Seno v.
ment is to be payable whereby one not only
Mangubat, GR L-44339, Dec. 2, 1987]. 4. A
transfers legal title to the paper transferred
party [whose] interest in the subject matter
but likewise enters into an implied guaranty
of the suit and in the relief sought is inextri-
that the instrument will be duly paid.
cably intertwined with the other parties‘ in-
terest. [Uy v. CA, GR 157065, July 11, Indorsement. Nego. Inst. Kinds: (a) Special
2006]. Compare with Necessary party. indorsement or one that specifies the per-
son to whom or to whose order the instru-
Individual. A single human being as contrast-
ment is to be payable. Also known as Spe-
ed with a social group or institution.
cific indorsement or Indorsement in full;
Individual claims. Claims on land and rights (b) Blank indorsement or one that specifies
thereon which have been devolved to indi- no indorsee [Sec. 34, NIL] such that (a) the
viduals, families and clans incl., but not lim- instrument is payable to bearer and may be
ited to, residential lots, rice terraces or pad- negotiated by delivery; or (b) the instrument
dies and tree lots. [Sec. 4, RA 8371]. may be converted to a special indorsement
by writing over the signature of the indorser
Individual debtor. A natural person who is a
in blank any contract consistent with the
resident and citizen of the Phils. that has
character of indorsement [Sec. 35, NIL]; (c)
become insolvent as defined in RA 10142.
Absolute indorsement under which the in-
[Sec. 4, RA 10142].
dorser binds himself to pay: (1) upon no
Individual suit. An action brought by a stock- other condition than failure of prior parties to
holder or member against the corp. for di- do so; or (2) upon due notice to him of such
rect violation of his contractual rights. failure; (d) Conditional indorsement wherein
the right of the indorsee is made to depend
Individuality of subscription doctrine, See on the happening of a contingent event. The
Doctrine of individuality of subscription. party required to pay may disregard the
Individuality principle. Succ. Principle in the conditions. [Sec. 39, NIL]; (e) Restrictive in-
institution of heirs which states that heirs dorsement when the instrument: (1) prohib-
collectively instituted are deemed individual- its further negotiation of the instrument [it
ly named unless a contrary intent is proven. destroys the negotiability of the instrument];
[Art. 847, CC]. Compare with Equality (2) constitutes the indorsee the agent of the
principle and Simultaneity principle. indorser [Sec. 36, NIL]; or (3) vests the title
in the indorsee in trust for or to the use of
Individually. The term has the same meaning some persons. But mere absence of words
as "collectively", "separately", "distinctively", implying power to negotiate does not make
―respectively‖ or "severally". [Ronquillo v. an instrument restrictive; (f) Qualified in-
CA, GR L-55138. Sep. 28, 1984]. dorsement [Sec. 34, NIL] or one that consti-
Indivisibility of subscription doctrine. See tutes the indorser a mere assignor of the ti-
Doctrine of indivisibility of subscription. tle to the instrument. It is made by adding to

493
the indorser‘s signature words like, without to prosecute him. The instigator practically
recourse [serves as an ordinary equitable induces the would-be accused into the
assignment; Sec. 38, NIL]; (g) Joint in- commission of the offense and himself be-
dorsement or one made payable to 2 or comes a co-principal [People v. Ramos, GR
more persons who are not partners [Sec. 88301 Oct. 28, 1991]. Compare with En-
41, NIL; All of them must indorse unless the trapment.
one indorsing has authority to indorse for
Inducing a minor to abandon his home.
the others]; (h) Irregular indorsement or one
Crim. Law. The felony committed by anyone
under which a person who, not otherwise a
who shall induce a minor to abandon the
party to an instrument, places thereon his
home of his parent or guardians or the per-
signature in blank before delivery [Sec. 64,
sons entrusted with his custody. [Art. 271,
NIL]; (i) Facultative indorsement where the
RPC].
indorser waives presentment and notice of
dishonor, enlarging his liability and his in- Industrial baking and drying. The industrial
dorsement; and (j) Successive indorsement process of subjecting materials to heat for
to 2 persons in succession. Any of them can the purpose of removing solvents or mois-
indorse to effect negotiation of the instru- ture from the same, and/or to fuse certain
ment. chemical salts to form a uniform glazing the
surface of materials being treated. [Sec. 3,
Indorsement in blank. Nego. Inst. An in-
PD 1185; Sec. 3, RA 9514].
dorsement that specifies no indorsee, and
an instrument so indorsed is payable to Industrial bond. A surety (fidelity) bond re-
bearer, and may be negotiated by delivery. quired by private employers to cover loss
[Sec. 34, NIL]. See also Blank indorse- through dishonesty of employees.
ment.
Industrial design. 1. Any composition of lines
Indorsement in full. Nego. Inst. An indorse- or colors or any 3-dimensional form, wheth-
ment wherein mention is made of the name er or not associated with lines or colors:
of the indorsee. See also Special indorse- Provided, That such composition or form
ment. gives a special appearance to and can
serve as pattern for an industrial product or
Indorser. Nego. Inst. A person placing his
handicraft. [Sec. 112, IPC]. 2. Any new orig.
signature upon an instrument otherwise than
and ornamental design for an article of
as maker, drawer, or acceptor, who is
manufacture. [Sec. 1, PD 1423]. 3. Any new
deemed to be such unless he clearly indi-
and orig. creation relating to the features of
cates by appropriate words his intention to
shape, pattern, configuration, ornamenta-
be bound in some other capacity. [Sec. 63,
tion, or artistic appearance of an article or
NIL].
industrial design by the author in the same
Indubitable. Something which cannot be manner and subject to the same provisions
doubted; also certain and unquestionable; and requirements as relate to patents for in-
without doubt. [Asejo v. Leonoso, GR 9246 ventions in so far as they are applicable, ex-
May 26, 1947]. cept as otherwise hereinafter provided.
[Sec. 55, RA 165, as amended by RA 637].
Induce. To cause another to choose one
course of conduct by persuasion or intimida- Industrial detergent. Any cleaning product
tion. [Go v. Go, GR 164703 , GR not designed for laundering different fabrics
164747, May 4, 2010]. in the family wash but is mostly used in the
manufacturing industry, such as but not lim-
Inducement. Also Instigation. Crim. Law. The
ited to the beverage industry, textile indus-
criminal intent originates in the mind of the
try, meat, fish and fruit canning, dairy prod-
instigator and the accused is lured into the
commission of the offense charged in order

494
uct processing and food processing indus- Industrial Peace Act. RA 875. [Expressly
try. [Sec. 2, RA 8970]. repealed by the Labor Code].
Industrial dispersal. The encouragement Industrial plant. Any plant in which a unit
given to manufacturing enterprises to estab- process and/or operations are involved, incl.
lish their plants in rural areas. Such firms the related pollution control and abatement
normally use agricultural raw materials ei- processes or operations. [Sec. 3, RA 9267].
ther in their primary or intermediate state.
Industrial plant or factory. Manufacturing
[Sec. 4, RA 8435].
assembly plants, incl. engineering shops,
Industrial dispute. See Labor dispute. shipyards or other business endeavors
where electrical machinery and equipment
Industrial employment. In case of private
are installed. [Sec. 2, RA 7920].
employers, it includes all employment or
work at a trade, occupation or profession Industrial Safety Act. CA 104, as amended.
exercised by an employer for the purpose of [Expressly repealed by the Labor Code].
gain, except domestic service. [Sec. 22, RA
Industrial salt. Salt used in the treatment,
772].
processing, and/or manufacture of non-food
Industrial estate (IE). A tract of land subdivid- commercial products. [Sec. 4, RA 8172].
ed and developed acc. to a comprehensive
Industrial sand and gravel permit. The per-
plan under a unified continuous manage-
mit granted by the MGB to any qualified
ment and with provisions for basic infra-
person for the extraction of sand and gravel
structure and utilities, with or without pre-
and other loose or unconsolidated materials
built standard factory buildings and commu-
that necessitate the use of mechanical pro-
nity facilities for the use of the community of
cessing covering an area of more than 5
industries. [Sec. 4, RA 7916].
hectares at any one time. The permit shall
Industrial fruits. Those produced by lands of have a term of 5 years, renewable for a like
any kind through cultivation or labor. [Art. period but not to exceed a total term of 25
442, CC]. years. [Sec. 47, RA 7942].
Industrial land. Land developed principally to Industrial tree plantation. Any tract of forest
industry as capital investment. [Sec. 3, PD land purposely and extensively planted to
464]. timber crops primarily to supply the raw ma-
terial requirements of existing or proposed
Industrial life. Life insurance entitling the
processing plants and related industries.
insured to pay premiums weekly, or where
[Sec. 3, PD 705].
premiums are payable monthly or oftener.
Industrial waste. Any solid, semi-solid or
Industrial life insurance. A form of life insur-
liquid waste material with no commercial.
ance under which the premiums are payable
value released by a manufacturing or pro-
either monthly or oftener, if the face amount
cessing plant other than excluded material.
of insurance provided in any policy is not
[Sec 4, RA 9275].
more than 500 times that of the current stat-
utory minimum daily wage in the City of Ma- Industry. 1. Any identifiable group of produc-
nila, and if the words Industrial policy are tive units or enterprises, whether operated
printed upon the policy as part of the de- for profit or not, engaged in similar or allied
scriptive matter. [Sec.229, IC]. economic activities in which individuals are
gainfully employed. [Sec. 1, Rule 9, Book 3,
Industrial partner. The partner who contrib-
IRR of LC]. 2. Any department or branch of
utes his industry to the partnership. [Diaz,
art, occupation or business, esp., one which
Bus. Law Rev., 1991 Ed., p. 189]. Compare
employs much labor and capital and is a dis-
with Capitalist partner.
tinct branch of trade, as the sugar industry.

495
[Diaz-Leus v. Melvida, GR 77716. Feb. 17, or either of them if said crime be committed
1988]. for the same purpose. [Art. 255, RPC]. 2.
Murder of an infant soon after its birth.
Industry indispensable to the national in-
terest. Industry needful or essential to the Infantosexual. Legal Med. A person whose
vital functions of the state where the dispute sexual desire is towards minors. [Olarte, Le-
involves public hazard requiring swift gov- gal Med., 1st Ed. (2004), p. 113].
ernmental intervention or action and not
Inference. A fact or proposition deducted by
merely public inconvenience, whether there
process of reasoning as a logical conclusion
is an emergency or not. [Sec. 32, PD 570-
from other facts. [Herrera, Rem. Law, 1999
A].
Ed., p. 31]. Compare with Presumption.
Inebriation. The state of being under the influ- See also Presumption hominis or Pre-
ence of or addicted to the use of intoxication sumption of fact.
liquors.
Inferior courts. The term, as used in the Inter-
Ineffective disinheritance. Succ. A disinher- im Rules and Guidelines promulgated to im-
itance without a specification of the cause, plement the Judiciary Reorg. Act of 1981,
or for a cause the truth of which, if contra- refers to all courts except the Sup. Court,
dicted, is not proved, or which is not one of the Sandiganbayan and the Court of Tax
those set forth in the Civ. Code, which shall Appeals. [Delbros Hotel Corp. v. IAC, GR L-
annul the institution of heirs insofar as it may 72566. Apr. 12, 1988].
prejudice the person disinherited; but the
Infidelity in the custody of documents. Ele-
devises and legacies and other testamen-
ments: (a) That the offender be a public of-
tary dispositions shall be valid to such extent
ficer; (b) that there be a document abstract-
as will not impair the legitime. [Art. 918, CC].
ed, destroyed or concealed; (c) that the
Also called imperfect disinheritnce.
document destroyed or abstracted be en-
Inexistent contract. One which has no force trusted to such public officer by reason of
and effect from the very beginning, as if it his office, and (d) that damage or prejudice
had never been entered into, and which to the public interest or to that of a 3rd per-
cannot be validated either by time or by rati- son be caused by the removal, destruction
fication. [Tongoy v. CA, GR L-45645 June or concealment of such document. [Fajelga
28, 1983]. Also Void contract. v. Escareal, GR L-61017-18. Jan. 14, 1988].
Infant. 1. A child within 0 to 12 months of age. Inflation. A sharp sudden increase of money
[Sec. 3, RA 10028; Sec. 3, RA 7600]. 2. A or credit or both without a corresponding in-
person falling within the age bracket of 0-12 crease in business transactions. It causes a
months. [Sec.4, EO 51, Oct. 20, 1986]. drop in the value of money resulting in the
rise of the general price level. [Diaz, Bus.
Infant formula. The breastmilk substitute for-
Law Rev., 1991 Ed., p. 41].
mulated industrially in accordance with ap-
plicable Codex Alimentarius standards, to In-force plan. A plan for which the pre-need
satisfy the normal nutritional requirements of company has an outstanding obligation for
infants up to 6 months of age, and adopted the delivery of benefits or services or
to their physiological characteristics. [Sec. 3, payment of termination value. [Sec. 4, RA
RA 10028; Sec. 3, RA 7600; Sec.4, EO 51]. 9829].
Infanticide. 1. Crim. Law. The felony commit- Informacion posesoria. Sp. 1. Possessory
ted by any person who shall kill any child information title. [Dir. of Forestry v. Muñoz,
less than 3 days of age, or by the mother of GR L-25459. June 28, 1968]. 2. A valid title
the child for the purpose of concealing her based upon adverse possession or a valid
dishonor, or by the maternal grandparents title based upon prescription. [Noblejas, A.H.

496
and Noblejas, E.H., Registration of Land Ti- the court. [Sec. 4, Rule 110, RoC]. 2. Crim.
tles and Deeds, 1986 ed., p. 39]. 3. One of Proc. An accusation in writing charging a
the 5 forms of royal concessions upon which person with an offense subscribed by the
private ownership of land under the Spanish fiscal and filed with the court. [Sec. 4, Rule
regime could be founded, the others being: 110, RoC].
(a) titulo real or royal grant; (b) concesion
Information and communications system.
especial or special grant;(c) composicion
1. A system for generating, sending, receiv-
con el estado or adjustment title; and (4) tit-
ing, storing or otherwise processing elec-
ulo de compra or title by purchase. [Sec. Of
tronic data messages or electronic docu-
DENR v. Mayor Yap, GR 167707, Oct. 8,
ments and includes the computer system or
2008].
other similar device by or which data is rec-
Informal. Not formal or ceremonious; casual. orded, transmitted or stored and any proce-
dure related to the recording, transmission
Informal education. A lifelong process of
or storage of electronic data, electronic
learning by which every person acquires
message, or electronic document. [Sec. 3,
and accumulates knowledge, skills, attitudes
RA 10173]. 2. A system for generating,
and insights from daily experiences at
sending, receiving, storing, or otherwise
home, at work, at play and from life itself.
processing electronic documents and in-
[Sec. 4, RA 9155].
cludes the computer system or other similar
Informal Sector. Health Ins. Units engaged in device by or in which data is recorded or
the production of goods and services with stored and any procedures related to the re-
the primary objective of generating employ- cording or storage of electronic document.
ment and income for the persons con- [Sec. 5, RA 8792].
cerned. It consists of households, unincor-
Information representative. Any person who
porated enterprises that are market and
engages in collecting or gathering data and
nonmarket producers of goods, as well as
in disseminating and/or publishing the same
market producers of services. These enter-
for and on behalf of a principal. [Sec. 3, BP
prises are operated by own-account work-
39].
ers, which may employ unpaid family work-
ers as well as occasional, seasonally hired Information technology (IT). The branch of
workers. To this sector belong, among oth- engineering that deals with the use of com-
ers, street hawkers, market vendors, pedi- puters and telecommunications to retrieve
cab and tricycle drivers, small construction and store and transmit information.
workers and home-based industries and
Information value. The correct dutiable value
services. [Sec. 3, RA 10606].
of the article ascertained from the reports of
Informal settlements. 1. Areas where groups the Revenue Attache or Commercial At-
of housing units have been constructed on tache [Foreign Trade Promotion Attache] or
land that the occupants have no legal claim other Phil. diplomatic officers and from such
to, or occupy illegally. 2. Unplanned settle- other information that may be available to
ments and areas where housing is not in the Bu. of Customs. Such value shall be the
compliance with current planning and build- home consumption value of the imported ar-
ing regulations (unauthorized housing). ticle which shall be the subject of customs
duty and taxes. [Comm. of Customs v.
Informal settler. Squatter. A term often used
Procter & Gamble Phil. Mfg. Corp., GR
by law enforcement and govt. to address the
56705. Jan. 31, 1989]. Also Established
homeless population.
value.
Information. 1. Rem. Law. An accusation in
Informed consent. The voluntary agreement
writing charging a person with an offense
of a person to undergo or be subjected to a
subscribed by the prosecutor and filed with

497
procedure based on full information, wheth- will come later on in the brief. Compare with
er such permission is written, conveyed ver- Supra.
bally, or expressed indirectly. [Sec. 3, RA
Infra scapula. Either of 2 flat, triangular
8504].
bones, each forming the back part of a
Informed consent doctrine. A general princi- shoulder.
ple of law that a physician has a duty to dis-
Infraction. A violation of law not punishable by
close what a reasonably prudent physician
imprisonment. Minor traffic offenses gener-
in the medical community in the exercise of
ally are considered infractions.
reasonable care would disclose to his pa-
tient as to whatever grave risks of injury Infrastructure projects. The construction,
might be incurred from a proposed course of improvement, rehabilitation, demolition, re-
treatment, so that a patient, exercising ordi- pair, restoration or maintenance of roads
nary care for his own welfare, and faced and bridges, railways, airports, seaports,
with a choice of undergoing the proposed communication facilities, civil works compo-
treatment, or alternative treatment, or none nents of information technology projects, ir-
at all, may intelligently exercise his judgment rigation, flood control and drainage, water
by reasonably balancing the probable risks supply, sanitation, sewerage and solid
against the probable benefits. [Li v. Soliman, waste management systems, shore protec-
GR 165279, June 7, 2011, 5th Ed., p. 701]. tion, energy or power and electrification fa-
cilities, natl. buildings, school buildings and
Informer. One who communicates knowledge
other related construction projects of the
of someone having committed or about to
govt. [Sec. 5, RA 9184].
commit a crime to the proper authorities who
by themselves, acting independently, may Infringe. Actively break the terms of a law,
obtain the evidence necessary for the pros- agreement, etc.
ecution of the offender. [People v. Bagano,
Infringement. The use, without the consent of
GR 77777. Feb. 5, 1990].
the registrant, any reproduction, counterfeit,
Informer’s reward. The reward granted to any copy or colorable imitation of any registered
person, except an internal revenue official or mark or tradename in connection with the
employee, or other public official, or his rela- sale, offering for sale, or advertising of any
tive within the 6th grade of consanguinity, goods, business or services on or in con-
who voluntarily gives definite and sworn in- nection with which such use is likely to
formation, not yet in the possession of the cause confusion or mistake or to deceive
BIR, leading to the discovery of frauds upon purchasers or others as to the source or
internal revenue laws or violation of any of origin of such goods or services, or identity
the provisions thereof, thereby resulting in of such business; or reproduce, counterfeit,
the recovery of revenues, surcharges and copy or colorably imitate any such mark or
fees and/or the conviction of the guilty party trade-name and apply such reproduction,
and/or imposition of any fine or penalty. [CIR counterfeit, copy, or colorable imitation to
v. COA, GR 101976. Jan. 29, 1993]. labels, signs, prints, packages, wrappers,
receptacles or advertisements intended to
Informing power of the President. The pow-
be used upon or in connection with such
er of the Pres. to address the Congress at
goods, business or services. [Sec. 22, RA
the opening of its regular session and also
166, as amended].
to appear before it at any other time. [Sec.
23, Art. VII, 1987 Consti.]. Infringement. Elements: (a) The use by any
person, without the consent of the registrant,
Infra. Lat. Below. This is legal shorthand to
(b) of any registered mark or trade-name in
indicate that the details or citation of a case
connection with the sale, business or ser-
vices, among other things, bearing such reg-

498
istered mark or trade-name. [Sec. 22, RA Inherent. 1. Existing in something as a per-
166, as amended]. manent, essential, or characteristic attribute.
2. Vested in someone as a right or privilege.
Infringement of a design patent. Unauthor-
ized copying of the patented design for the Inherent aggravating circumstances. Crim.
purpose of trade or industry in the article or Law. Those which are part of the felony
product and in the making, using, or selling committed, as unlawful entry in robbery with
of the article or product copying the patent- force upon things. [Gregorio, Fund. of Crim.
ed design. Identity or substantial identity Law Rev., 1997 9th Ed., p. 112].
with the patented design shall constitute ev-
Inherit. To receive money, property, or a title
idence of copying. [Sec. 60, RA 166, as
as an heir at the death of the previous hold-
amended by Sec. 6, RA 637].
er.
Infringement of copyright. The importation
Inheritance. Succ. 1. All the property, rights
into the Phils. of any piratical copies or like-
and obligations of a person which are not
ness of any work in which Phil. copyright
extinguished by his death. [Art. 776, CC]. 2.
subsists, unless authorized by the copyright
The inheritance of a person also includes
proprietor concerned, or except when im-
those which have accrued thereto since the
ported under certain circumstances, as well
opening of the succession. [Art. 781, CC].
as the unlawful use of the copies imported
as allowed by Sec. 30 of PD 49 which vio- Inheritance tax. A state tax on property that
late the rights of the proprietor of Phil. copy- an heir or beneficiary under a will receives
right or annul or limit the protection secured from a deceased person's estate. The heir
by said Decree, and shall be punishable as or beneficiary pays this tax.
such without prejudice to the proprietor‘s
right of action. [Sec. 30, PD 49]. Inherited case. One tried and finished by an
RTC Judge but left undecided and is now
Infringement of patent. The making, use and listed as pending decision before the incum-
sale of the patented machine, article or bent Judge. [People v. Bajar, GR 118240.
product, and the use of the patented pro- Oct. 28, 1997].
cess for the purpose of industry or com-
merce, throughout the territory of the Phils. Initial. A 1st part, a beginning, an initial letter,
for the term of the patent by any person note or the like. [Gonzaga v. Seno, GR L-
20522. Apr. 23, 1963].
without the authorization of the patentee.
[Sec. 37, RA 165]. See Patent infringe- Initial appearance. Crim. Proc. The defendant
ment. comes before a judge within hours of the ar-
rest to determine whether or not there is
Inhabit. To live in or occupy a place or envi-
ronment. probable cause for his arrest.
Inhabitant. One who has actual fixed resi- Initial contact (with the child). Apprehension
dence in a place; one who has a domicile in or taking into custody of a child in conflict
a place. [Co v. Electoral Tribunal, GR with the law by law enforcement officers or
private citizens. It includes the time the child
92191-92. July 30, 1991].
alleged to be in conflict with the law receives
Inhabited house. Any shelter, ship or vessel a subpoena under Sec. 3 (b) of Rule 112 of
constituting the dwelling of one or more per- the Rev. Rules of Crim. Proc. or summons
sons, even though the inhabitants thereof under Sec. 6 (a) or Sec. 9(b) of the same
shall temporarily be absent therefrom when Rule in cases that do not require preliminary
the robbery is committed. [Art. 301, RPC]. investigation, or where there is no necessity
to place the child alleged to be in conflict
with the law under immediate custody. [Sec.
4, RA 9344; Rule on Juveniles in Conflict

499
with The Law, AM 02-1-18-SC, Nov. 24, right. [Araneta v. Gatmaitan, GR L-8895 &
2009]. L-9191 Apr. 30, 1957].
Initial payments. Taxation. The payments Injunctive relief. Rem. Law. A court-ordered
received in cash or property other than evi- act or prohibition against an act or condition
dences of indebtedness of the purchaser which has been requested, and sometimes
during the taxable period in which the sale granted, in a petition to the court for an in-
or other disposition is made. [Sec. 49, NIRC, junction.
as amended].
Injunctive reliefs. Rem. Law. [The] preserva-
Initiate. To begin, to commence, or to origi- tive remedies for the protection of substan-
nate tive rights and interests. [Caneland Sugar
Corp. v. Alon, GR 142896, Sep. 12, 2007].
Initiative. Consti. Law. The power of the peo-
ple to propose amendments to the Consti. or Injure. 1. To do physical harm or damage to
to propose and enact legislations through an someone. 2. To suffer physical harm or
election called for the purpose. [Sec. 3, RA damage to a part of one's body.
6735].
Injurious. 1. Causing or likely to cause dam-
Initiative, Systems of. Consti. Law. There are age or harm. 2. Maliciously insulting; libel-
3 systems of initiative, namely: 1. Initiative ous.
on the Consti. which refers to a petition pro-
Injury. 1. Civ. Law. Any wrong or damage
posing amendments to the Consti.; 2. Initia-
done to another, either in his person, rights,
tive on statutes which refers to a petition
reputation or property. The invasion of any
proposing to enact a natl. legislation; and 3.
legally protected interest of another. [Pecho
Initiative on local legislation which refers to a
v. Sandiganbayan, GR 111399. Nov. 14,
petition proposing to enact a regional, pro-
1994, 5th Ed., 706]. 2. Labor. Any harmful
vincial, city, municipal, or barangay law,
change in the human org. from any accident
resolution or ordinance. [Sec. 3, RA 6735].
arising out of and in the course of the em-
Injunction. Rem. Law. 1. Injunction. Civ. Pro. ployment. [Art. 167, LC]. Compare with
A provisional remedy for the protection of Damages.
substantive rights and interests. It is not a
Injury arises out of the employment. When
cause of action in itself but merely an ad-
there is apparent in the rational mind causal
junct to the main case. Its objective is to
connection bet. the conditions under which
prevent a threatened or continuous irrepa-
the work is required to be performed and the
rable injury to some of the parties before
resulting injury. [Pampanga Sugar Devt. Co.
their claims can be thoroughly investigated
Inc. v. Quiroz, GR L-22117 Apr. 29, 1966].
and advisedly adjudicated. It is resorted to
only when there is a pressing need to avoid Injury received in the course of employ-
injurious consequences which cannot be ment. When the injury comes while the
remedied under any standard compensa- workman is doing the duty which he is em-
tion. [Del Rosario v. CA, GR 115106. Mar. ployed to perform. [Pampanga Sugar Devt.
15, 1996]. 2. [It] is not a cause of action in Co. Inc. v. Quiroz, GR L-22117 Apr. 29,
itself, but merely a provisional remedy, an 1966].
adjunct to a main suit. [Caneland Sugar
Corp. v. Alon, GR 142896, Sep. 12, 2007]. Injustice. Violation of another's rights or of
what is right; lack of justice.
Injunction. Rem. Law. Requisites to issue: (a)
Injustum est, nisi tota lege inspecta, de una
The existence of the right to be protected,
and (b) that the facts against which the in- aliqua ejus particula proposita indicare
junction is to be directed are violative of said vel respondere. Lat. It is unjust to decide or

500
to respond to any particular part of the law without entering the internal waters or call-
without examining the whole of the law. ing at a roadstead or port facility outside in-
ternal waters, or proceeding to or from inter-
Inland. Of, relating to, or located in the interior
nal waters or a call at such roadstead or port
part of a country or region: E.g. inland
facility. The passage is innocent so long as
freshwater lakes and ponds.
it is not prejudicial to the peace, good order
Inland bill of exchange. Nego. Inst. A bill or security of the coastal state. 2. The right
which is, or on its face purports to be, both of ships to pass through territorial waters so
drawn and payable within the Phils. Any long as they do not prejudice the peace,
other bill is a foreign bill. [Sec. 129, NIL]. good order, and security of the coastal state.
Compare with Foreign bill of exchange. Compare with Involuntary entrance.
Inland fishery. The freshwater fishery and Innocent passage, Right of. Intl. Law. Navi-
brackishwater fishponds. [Sec. 4, RA 8550]. gation through the territorial sea of a state
for the purpose of traversing that sea with-
Inland marine insurance. Insurance for prop-
out entering internal waters, or of proceed-
erty in transit over land, certain types of ing to internal waters, or making for the high
moveable property, instrumentalities of seas from internal waters, as long as it is not
transportation such as bridges, roads, and
prejudicial to the peace, good order or secu-
piers, instrumentalities of communication rity of the coastal state. [Sandoval, Pol. Law
such as television and radio towers. Reviewer 2003].
Inland marine insurance. Classes: (a) Prop- Innocent purchaser for value. One who buys
erty in transit – It provides protection to the the property of another without notice that
property frequently exposed to loss while it
some other person has a right to or interest
is being transported from one location to in it, and who pays therefor a full and fair
another; (b) Bailee liability – Insurance for price at the time of the purchase or before
those who have temporary custody of the
receiving such notice. [Potenciano v. Rey-
goods; (c) Fixed transportation property – noso, GR 140707, Apr. 22, 2003].
They are so insured bec. they are held to be
an essential part of transportation system Innocent purchase in good faith of regis-
such as bridges, tunnels, etc.; and (d) tered land. Where the real property in-
Floater – It provides insurance to follow the volved is covered by a Torrens title, the
insured property wherever it may be located buyer, mortgagee, or, any person dealing
subject always to the territorial limits of the with said realty need not go beyond what
contract. appears on the face of the title. He is
charged with notice only of such burdens
Innocent. Not guilty of a crime or offense. and claims as are annotated on the title.
Innocent and virtuous woman. A woman [Clemente v. Razo, GR 151245, Mar. 4,
who has never had illicit intercourse with 2005].
any man, and who is chaste and pure. [US Innominate. Not named or classified.
v. Suan, GR 9201. Mar. 3, 1914].
Innominate contracts. Contracts [that] do not
Innocent non-disclosure of facts. The con- have specific names under the Civ. Code.
cealment or non-disclosure of facts by a par- [Diaz, Bus. Law Rev., 1991 Ed., p. 61].
ty where the means of knowledge are at Compare with Nominate contracts.
hand and equally available to both parties.
Innominate contracts. Kinds: (a) Do ut des [I
Innocent passage. Intl. Law. 1. The right of
give that you give]; (b) do ut facias [I give
continuous and expeditious navigation of a that you may do]; (c) facio ut facias [I make
foreign ship through the territorial sea of a so you make]; (d) facio ut des [I make so
state for the purpose of traversing that sea

501
you give]. [Diaz, Bus. Law Rev., 1991 Ed., Input subsidy. Assistance extended by the
p. 61]. Govt. to the farmers in terms of discounted
prices of farm inputs such as fertilizer, pesti-
Innovation (utility model). Any new model of
cide and seed. [Sec. 4, RA 7607].
implement or tools of any industrial product
or part of the same, which does not possess Input tax. 1. The value-added tax due from or
the quality or invention, but which is of prac- paid by a VAT-registered person in the
tical utility by reason of its form, configura- course of his trade or business on importa-
tion, construction or composition. [Sec. 1, tion of goods or local purchase of goods or
PD 1423]. services, incl. lease or use of property, from
a VAT-registered person. It shall also in-
Inofficious. Succ. 1. In excess of the portion
clude the transitional input tax determined in
of free disposal. [Vda. De Tupas v. Br. XLII,
accordance with Sec. 111 of the NIRC.
RTC of Negros Occ., GR L-65800. Oct. 3,
[Sec. 110, NIRC, as amended]. 2. The VAT
1986]. 2. Showing neglect of moral duty:
due on or paid by a VAT-registered on im-
said esp. of a will that unreasonably de-
portation of goods or local purchase of
prives an heir of a just inheritance.
goods, properties or services, incl. lease or
Inofficious donation. Succ. 1. It occurs when use of property in the course of his trade or
a person gives more than what he can give business. It shall also include the transitional
by way of a last will and testament. In other input tax determined in accordance with
words, the donation exceeds the free portion Sec. 111 of the Tax Code, presumptive in-
of the estate of the creditor. [Diaz, Bus. Law put tax and deferred input tax from previous
Rev., 1991 Ed., p. 48-49]. 2. A donation period. Compare with Output tax.
which deprives the donor‘s heirs of that por-
Inquest. Rem. Law. An informal and summary
tion of the estate to which the law entitles
investigation conducted by a public prosecu-
the heirs, of which the heirs cannot legally
tor in criminal cases involving persons ar-
be deposed or disinherited, being contrary
rested and detained without the benefit of a
to the donor‘s natural duty or affection. See
warrant of arrest issued by the court for the
also Donation, when inofficious.
purpose of determining whether said per-
Inofficious testament. Succ. A will made in sons should remain under custody and cor-
violation of natural duty and affection and respondingly be charged in court. [Leviste v.
without just legal cause and depriving chil- Alameda, GR 182677, Aug. 3, 2010].
dren and parents and sometimes others of
Inquiries in aid of legislation. [Inquiries or
their legitime of the testator's estate.
legislative investigations] undertaken as
Inpatient. A patient who stays in a hospital tools to enable the legislative body to gather
while under treatment. information and, thus, legislate wisely and
effectively and to determine whether there is
Inpatient education package. A set of infor- a need to improve existing laws or enact
mational services made available to an indi- new or remedial legislation. [Arnault v. Naz-
vidual who is confined in a hospital to afford
areno, GR L-3820 July 18, 1950 and Neri v.
him with knowledge about his illness and its Senate Committee on Accountability of Pub-
treatment, and of the means available, par- lic Officers and Investigations, GR 180643,
ticularly lifestyle changes, to prevent the re- Mar. 25, 2008].
currence or aggravation of such illness and
to promote his health in general. [Sec. 1, RA Inquiry. From Lat. inquirere: to seek after or to
9241]. search for. Intl. Law. 1. An investigation of
Input. Something put into a system or ex-
pended in its operation to achieve output or
a result.

502
the points in question, on the theory that Insert. Any communication inside an individual
their elucidation will contribute to the solu- package and/or carton purchased at either
tion of the problem. [Cruz, Intl. Law Review- wholesale or retail by consumers, such as a
er, 1996 Ed., p. 121]. 2. The process by leaflet or brochure. [Sec. 4, RA 10643].
which an impartial 3rd party makes an in-
Inside information. Information not known to
vestigation to determine the facts underlying
the public that one has obtained by virtue of
a dispute without resolving the dispute itself.
being an insider like a director.
Inquiry in aid of legislation. The congres-
Insider. 1. It means: (a) the issuer; (b) a direc-
sional power of investigation.
tor or officer [or any person performing simi-
Insane. In a state of mind that prevents normal lar functions] of, or a person controlling the
perception, behavior, or social interaction; issuer; gives or gave him access to material
seriously mentally ill. information about the issuer or the security
that is not generally available to the public;
Insane delusion. A delusion manifested by a
(d) A govt. employee, director, or officer of
false belief for which there is no reasonable
an exchange, clearing agency and/or self-
basis and which would be incredible under
regulatory org. who has access to material
the given circumstances to the same person
information about an issuer or a security that
if he is of compos mentis. [People v. Dungo,
is not generally available to the public; or (e)
GR 89420. July 31, 1991].
a person who learns such information by a
Insane person. 1. One who has an unsound communication from any forgoing insiders.
mind or suffers from a mental disorder. 2. A [Sec. 3, SRC]. 2. A person, such as a corpo-
person whose mental disease has rendered rate officer, director, or majority shareholder,
him incapable of restraining himself alt- who has access to material nonpublic infor-
hough he understands what he is doing and mation about a company or the securities
knows it is wrong. [Olarte, Legal Med., 1st market.
Ed. (2004), p. 153].
Insider trading. 1. The use of material non-
Insanity. 1. A manifestation in language or public information about a company or the
conduct of disease or defect of the brain, or securities market to buy or sell securities for
a more or less permanently diseased or dis- personal gain. 2. A purchase or sale made
ordered condition of the mentality, functional by an insider or his relative within the 2nd
or organic, and characterized by perversion, degree shall be presumed to be effected
inhibition, or disordered function of the sen- while in possession of material non-public
sory or of the intellective faculties, or by im- information if transacted after such infor-
paired or disordered volition. [People v. Am- mation came into existence but prior to the
bal, GR L-52688. Oct. 17, 1980]. 2. Lack of public dissemination of such information,
mental capacity to do or abstain from doing and lapse of reasonable time for the market
a particular act; inability to distinguish right to absorb such information.
from wrong.
Insidious. Proceeding in a gradual, subtle
Inscrutable. Difficult to fathom or understand; way, but with harmful effects; treacherous;
impenetrable. Mysterious. crafty.
Inscrutable fault doctrine. Mar. Ins. Where Insidious machination. A a deceitful scheme
fault is established but it cannot be deter- or plot with an evil or devious purpose.
mined which of the 2 vessels were at fault,
Inso. Tag. The appellation for the wife of an
both shall be deemed to have been at fault.
elder brother or male cousin.
(2002), p. 65]. Compare with Limited liabil- Insolvency. 1. Civ. Law. The condition of a
ity doctrine. person when the liabilities are greater than

503
the assets, so that the claims of the credi- civil rights of the individuals affected. [Sec.
tors cannot be paid. [Torres, Oblig. & Cont., 166, RA 3844].
2000 Ed., p. 351]. 2. Ins. The inability of an
Inspected and Condemned. A condition
insurance company to pay its lawful obliga-
wherein the carcasses or parts of carcasses
tions as they fall due in the usual and ordi-
so marked have been inspected and found
nary course of business as may be shown
to be unsafe, unwholesome and unfit for
by its failure to maintain the margin of sol-
human consumption. [Sec. 4, RA 9296].
vency required under Sec. 194 of the Insur-
ance Code, as amended by PD 1141 and Inspected and Passed. A condition wherein
further amended by PD 1455. [Sec. 249, IC]. the carcasses or parts of carcasses so
marked have been inspected and found to
Insolvency Law. Act 1956 enacted on May
be safe, wholesome and fit for human con-
20, 1909.
sumption. [Sec. 4, RA 9296].
Insolvent. 1. A person who either has ceased
Inspection. 1. An act by an official inspector to
to pay his debts in the ordinary course of
ensure compliance with rules and regula-
business or cannot pay his debts as they
tions incl. but not limited to humane handling
become due, whether insolvency proceed-
of slaughter animals, ante and post mortem
ings have been commenced or not. [Art.
inspection, quality assurance program, hy-
1636, CC]. 2. A person not able to pay his
giene and sanitation program, good manu-
debts as they become due. 3. The financial
facturing program, sanitation standard oper-
condition of a debtor that is generally unable
ating procedures, hazard analysis critical
to pay its or his liabilities as they fall due in
point program on any meat and meat prod-
the ordinary course of business or has lia-
uct, meat establishment facilities, transport
bilities that are greater than its or his assets.
vehicles and conveyance. [Sec. 4, RA
[Sec. 4, RA 10142].
9296]. 2. An act by an official inspector to
Insolvent debtor. One who is unable to pay ensure compliance with rules and regula-
all his debts in full. tions incl. but not limited to humane handling
of slaughter animals, ante and post mortem
Insolvent debtor's estate. The estate of the
inspection, quality assurance program, hy-
insolvent debtor, which includes all the
giene and sanitation program, good manu-
property and assets of the debtor as of
facturing program, sanitation standard oper-
commencement date, plus the property and
ating procedures, hazard analysis critical
assets acquired by the rehabilitation receiv-
point program on any meat and meat prod-
er or liquidator after that date, as well as all
uct, meat establishment facilities, transport
other property and assets in which the debt-
vehicles and conveyance. [Sec. 4, RA
or has an ownership interest, whether or not
9296]. 2. Evid. The right of the adverse party
these property and assets are in the debt-
to inspect a writing whenever the same is
or's possession as of commencement
shown to a witness.
date: Provided, That trust assets and bail-
ment, and other property and assets of a 3rd Inspection order. An interim relief designed to
party that are in the possession of the debt- give support or strengthen the claim of a pe-
or as of commencement date, are excluded titioner in an amparo petition, in order to aid
therefrom. [Sec. 4, RA 10142]. the court before making a decision. [Yano v.
Sanchez, GR 186640, 11 Feb. 2010].
Inspect. To enter, examine and observe. Un-
der no circumstance, however, shall such Inspector. A professionally qualified and
entrance, examination and observation be properly trained officer, duly appointed by
utilized to commit any act of intimidation or the NMIS or the LGU for meat inspection
coercion nor shall it be utilized to impair the and control of hygiene under the supervision
of a veterinary inspector. [Sec. 4, RA 9296].

504
Installment. Partial payment of a debt or col- known the falsity of such cause. In this case,
lection of receivable. Different portions of the institution shall be annulled. [Art. 850,
the same debt payable at different succes- CC].
sive periods agreed.
Institution of heirs. Succ. An act by virtue of
Installment sale. A commercial arrangement which a testator designates in his will the
by which a buyer makes an initial down- person or persons who are to succeed him
payment and signs a contract for payment of in his property and transmissible rights and
the balance in installments over a period of obligations. [Art. 840, CC].
time.
Institution with a term. Succ. A kind of institu-
Instance. 1. Request of urging. 2. A legal pro- tion with the designation of the day or time
ceeding or process; a suit. when the effects of the institution of an heir
shall commence or cease. [Art. 885, CC].
Instant. 1. Happening or coming immediately.
2. A precise moment of time. Institutional buildings. School buildings,
hospitals, museums, display centers, govt.
Instantaneous death. It does not necessarily
buildings and the like. [Sec. 2, RA 7920].
mean the cessation of life simultaneously
with the infliction of the injury. In a death de- Institutional decision. A process by which the
scribed as instantaneous, it is possible that reception of evidence is left to a subordinate
the victim may survive the infliction of the while the final decision is made by the ad-
moral wound for as much as 15 to 20 ministration head, with the latter usu. adopt-
minutes. [People v. Morin, GR 101794. Feb. ing the findings and recommendations of the
24, 1995]. hearing officer if found correct.
Instanter. At once; immediately. Instruction. Order to a bank to disburse funds
to a particular person.
Instanter principle. Succ. The express revo-
cation of the 1st will renders it void bec. the Instructor training. Training aimed at devel-
revocatory clause of the 2nd will, not being oping capacities of persons for imparting at-
testamentary in character, operates to re- titudes, knowledge, skills and behavior pat-
voke the previous will instantly upon the ex- terns, required for specific jobs, tasks, occu-
ecution of the will containing it. pations or group of related occupations.
[Sec. 1, Rule 1, Book 2, IRR of LC].
Instigate. 1. To bring about or initiate an ac-
tion or event. 2. To incite someone to do Instrument. 1. Any thing that is used in or
something, esp. something bad. intended to be used in any manner in the
commission of illegal drug trafficking or re-
Instigation. Incitation; urging; solicitation; The
lated offenses. [Sec 3, RA 9165]. 2. Any ne-
act by which one incites another to do
gotiable instrument as defined in the Nego-
something, as to commit some crime or to
tiable Instrument Law; any certificate of
commence a suit. See also Inducement.
stock, or bond or debenture for the payment
Institution. The commencement or inaugura- of money issued by a public or private corp.,
tion of anything, as the commencement of or any certificate of deposit, participation
an action. certificate or receipt, any credit or invest-
ment instrument of a sort marketed in the
Institution based on a false cause. Succ. In ordinary course of business or finance,
this institution, the statement of a false whereby the entrustee, after the issuance of
cause for the institution of an heir shall be the trust receipt, appears by virtue of pos-
considered as not written, except if it ap-
session and the face of the instrument to be
pears from the will that the testator would the owner. [Sec. 3, PD 115]. 3. Some written
not have made such institution if he had paper or instrument signed and delivered by

505
one person to another, transferring the title in (a) an existing interest; (b) an inchoate in-
to, or giving a lien, on property, or giving a terest founded on an existing interest; or (c)
right to debt or duty. [Ang Giok Chip v. an expectancy, coupled with an existing in-
Springfield Fire & Marine Ins. Co., GR terest in that out of which the expectancy
33637. Dec. 31, 1931]. arises. [Filipino Merchants v. CA, GR 85141.
Nov. 28, 1989].
Instrumental witness. A person who attests
that the party or parties to the instrument Insurance. A contract whereby, for a stipulat-
signed the same in his presence, so that he ed consideration, one party undertakes to
is frequently referred to as a "Witness to the compensate the other for loss on a specified
signature‖ and he is not bound to know or subject by special perils. The party agreeing
be aware of the contents of the document. to make the compensation is usu. called the
[PNB v. CA, GR L-34404. June 25, 1980]. ―insurer‖ or ―underwriter‖; the other, the ―in-
sured‖ or assured‖; the agreed considera-
Instrumentality. Any agency of the Natl.
tion, the ―premium‖; the written contract, the
Govt., not integrated within the department
―policy‖; the events insured against, ―risks‖
framework, vested with special functions or
or ―perils‖; and the subject, right, or interest
jurisdiction by law, endowed with some if not
to be protected, the ―insurable interest‖.
all corporate powers, administering special
funds, and enjoying operational autonomy, Insurance. Classes: (a) Life insurance [which
usu. through a charter. This term includes is] dependent upon human life: (a.1) Indi-
regulatory agencies, chartered institutions vidual life; (a.2) Group life; and (a.3) Indus-
and GOCCs. [Sec. 2, Admin. Code of 1987]. trial life; (b) Non-Life Insurance: (b.1) Ma-
rine; (b.2) Fire; and (b.3) Casualty; [and] (c)
Insubordination. 1. A deliberate and willful
Contracts of suretyship or bonding. [De Le-
refusal to comply with a lawful request or
on, The Ins. Code Annotated, 2006].
order of a higher authority. It involves disre-
gard of proper authority and a refusal to Insurance adjuster. Ordinarily, a special
obey that authority. [Sobrepeña, Carmelita agent for the person or company for whom
G., CSC Res. 00-1288, May 30, 2000]. 2. he acts, and his authority is prima facie co-
Utter disregard of express or implied direc- extensive with the business entrusted to
tions of the employer and refusal to obey him.
reasonable orders.
Insurance agent. A person authorized to rep-
Insult. To treat with insolence, indignity, or resent the insurer in dealing with 3rd parties
contempt by word or action; to affront wan- in matters relating to insurance. An agent
tonly. [Poquiz, Labor Rel. Law, 1999 Ed. p. employed by an insurance company to solic-
359]. it insurance business.
Insurable. Capable of being insured or eligible Insurance broker. One who acts as a mid-
to be insured. dleman bet. the insured and the insurance
company, and who solicits insurance from
Insurable interest. 1. Every interest in proper-
the public under no employment from any
ty, whether real or personal, or any relation
special company selected by the insurer or,
thereto, or liability in respect thereof, of such
in the absence of any selection, with the
nature that a contemplated peril might di-
company selected by such broker.
rectly damnify the insured. [Sec. 13, IC]. 2.
In principle, anyone has an insurable inter- Insurance Code of 1978. PD 1460 entitled ―A
est in property who derives a benefit from its Decree to consolidate and codify all the in-
existence or would suffer loss from its de- surance laws of the Phils.‖ signed into law
struction whether he has or has not any title on June 11, 1978.
in, or lien upon or possession of the proper-
ty. Insurable interest in property may consist

506
Insurance company. A company which is Life Assurance Co. of Canada, GR L-15774,
organized as an insurance company, whose Nov. 29, 1920].
primary and predominant business activity is
Insurance policy. Policy: written contract or
the writing of insurance or the reinsuring of
certificate of insurance. See Policy of in-
risks underwritten by insurance companies,
surance.
and which is subject to supervision by the
Insurance Commissioner; or any receiver or Insurance upon one’s life. A life policy taken
similar official or any liquidating agent for out by the insured upon his own life [Sec. 10
such a company, in his capacity as such. (a), IC] for the benefit of himself, or of his
[Sec. 3, RA 2629]. estate, in case it matures only at his death,
for the benefit of 3rd person who may be
Insurance contract. An agreement whereby
designated as beneficiary. The question of
one undertakes for a consideration to in-
insurable interest is immaterial where the
demnify another against loss, damage or li-
policy is procured by the person whose life
ability arising from an unknown or contin-
is insured. A person who insures his own life
gent event. [Sec. 2, IC].
can designate any person as his benefi-
Insurance contract. Nature and characteris- ciary, whether or not the beneficiary has an
tics: (a) Consensual – the acceptance of the insurable interest in the life of the insured
offer perfects the contract of insurance; (b) subject to the limits under Art. 739 and 2012
Voluntary – the parties may incorporate of the CC. An application for insurance on
such terms and conditions as they may one‘s own life does not usually present an
deem convenient Provided they do not con- insurable interest question.
travene any provision of law and are not op-
Insurance upon the life of another. A life
posed to public policy, law morals, good
policy taken out by the insured upon the life
customs, or public order; (c) Aleatory – the
of another. [Sec. 10 (a), (b), (c) and (d), IC].
liability of the insurer depends upon some
Where a person names himself beneficiary
contingent event; (d) Unilateral – it imposes
in a policy he takes on the life of another, he
legal duties only on insurer who promises to
must have insurable interest in the life of the
indemnify in case of loss; (e) Conditional – it
latter.
is subject to conditions the principal one of
which is the happening of the event insured Insured. The owner of the property insured.
against; (f) Contract of indemnity – the in- [Tiopianco, Commentaries & Jurisp. on the
surer promises to make good only the loss Ins. Code of the Phil., 1999 Ed., p. 23].
of the insured; (g) Personal – each party
Insurer. Also Insurance company. All indi-
having in view the character, credit and
conduct of the other; (h) Property – since in- viduals, partnerships, assocs., or corps.,
surance is a contract, it is property in legal incl. GOCCs or entities, engaged as princi-
contemplation; (i) Risk distributing device – pals in the insurance business, excepting
it serves to distribute the risk of economic mutual benefit assocs. [Sec. 184, IC].
loss among as many as possible of those Insurgent government. A govt. established
who are subject to the same kind of loss; by rebels with the intent of replacing the ex-
and (j) Onerous – there is a valuable con- isting govt.
sideration called the premium.
Insurrection. A violent uprising against an
Insurance contract through correspond- authority or govt. See Rebellion.
ence. An insurance contract that follows the
―cognition theory‖ wherein an acceptance Intake report. The initial written report contain-
made by letter shall not bind the person ing the personal and other circumstances of
making the offer except from the time it the child in conflict with the law prepared by
came to his knowledge. [Enriquez v. Sun the social worker assigned to assist the child
entering the justice system. [Rule on Juve-

507
niles in Conflict with The Law, AM 02-1-18- the elements, at least one of which is an ac-
SC, Nov. 24, 2009]. tive element and some or all of the intercon-
nections are integrally formed in and/or on a
Intangible. Unable to be touched or grasped;
piece of material, and which is intended to
not having physical presence.
perform an electronic function. [Sec. 112,
Intangible assets. Nonphysical items such as IPC, as amended by RA 9150].
stock certificates, bonds, bank accounts,
Integrated Pest Management (IPM). A pest
and pension benefits that have value and
management system which utilizes all suita-
must be taken into account in estate plan-
ble methods and techniques in as compati-
ning.
ble a manner as possible to maintain the
Intangible costs in petroleum operations. pest population at a level below that causing
Any cost incurred in petroleum operations economically unacceptable damage or loss
which in itself has no salvage value and without endangering the environment. [Sec.
which is incidental to and necessary for the 4, RA 7607].
drilling of wells and preparation of wells for
Integrated school. A school that offers a
the production of petroleum. [Sec. 34, NIRC,
complete basic education in one school site
as amended].
and has unified instructional program. [Sec.
Intangible property. Property that has no 4, RA 9155].
intrinsic value, but is merely the representa-
Integrated water quality management
tive or evidence of value, such as stock cer-
framework. The policy guideline integrating
tificates, bond certificates, promissory notes,
all the existing frameworks prepared by all
copyrights and franchises.
govt. agencies contain the following; water
Integrated Bar of the Philippines (IBP). 1. quality goals and targets; (b) period of com-
The official org. of all Phil. lawyers whose pliance; (c) water pollution control strategies
names appear in the Roll of Attorneys of the and techniques; (d) water quality information
Sup. Court. The IBP came into being when and education program; (e) human re-
the Sup. Court created on Oct. 5, 1970 the sources development program. [Sec 4, RA
Commission on Bar Integration which was 9275].
tasked ―not only to ascertain the advisability
Integration. [The stage of money laundering
of integration of the Bar, but even more, to
that deals with] the provision of apparent le-
serve as a common vehicle of the Court and
gitimacy to the criminal proceeds. [Sec. 1,
the Bar in fashioning a blueprint for integra-
Rule 4, RA 9160]. Compare with Placement
tion and putting the same into actual opera-
and Layering.
tion.‖ RA 6397, which became effective Sep.
17, 1971, confirmed the power of the Sup. Integration of jural acts. Evid. 1. The implied
Court to adopt rules of court to effect the in- integration to the written contract when such
tegration of the Phil. Bar. Then on Jan. 9, is put into writing of all previous and con-
1973, the Sup. Court, by a per curiam reso- temporaneous agreements. 2. When the
lution, pursuant to its constitutional man- agreement is put into writing, all previous
date, ordained the integration of the Bar in and contemporaneous agreements are
accordance with its Rule 139-A, effective meant to be integrated to the written con-
Jan. 16, 1973. [ibp.ph/history.html; Jan. 8, tract.
2013]. 2. The official natl. org. of lawyers in
Integration of jural acts theory. Evid. The
the country. [Proposed Rule on Mandatory
theory under which previous acts and con-
Legal Aid Service for Practicing Lawyers,
temporaneous transactions of the parties
Sec. 4, BM 2012, Feb. 10, 2009].
are deemed integrated and merged in the
Integrated circuit. Intel. Prop. A product, in its written instrument which they have execut-
final form, or an intermediate form, in which ed. When the parties have reduced their

508
agreement to writing, it is presumed that Intelligence. 1. The moral capacity to deter-
they have made the writing the only reposi- mine what is right from what is wrong and to
tory and memorial of the truth, and whatever realize the consequences of one‘s acts.
is not found in the writing must be under- [Gregorio, Fund. of Crim. Law Rev., 1997 9th
stood to have been waived and abandoned. Ed., p. 19]. 2. The 2nd element of dolus;
The power necessary to determine the mo-
Integrity. Soundness of moral principle and
rality of human acts to distinguish a licit from
character, as shown by one person dealing
an illicit act without which no crime can ex-
with others in the making and performance
ist. [Guevarra v. Almodovar, GR 75256. Jan.
of contract, and fidelity and honesty in the
26, 1989].
discharge of trusts; it is synonymous with
'probity,' 'honesty,' and 'uprightness.' [Dizon Intent. A design; a determination to do a cer-
v. Dollete, GR L-19838]. June 30, 1964, p. tain thing; an aim, the purpose of the mind,
94]. incl. such knowledge as is essential to such
intent; the design resolve, or determination
Intellectual property. 1. The right of the au-
with which a person acts. It is this intent
thor, artist, or inventor over his work which is
which comprises the 3rd element of dolo as
considered as his personal property. It con-
a means of committing a felony, freedom
sists in the pecuniary benefit which the
and intelligence being the other 2. [Guevarra
owner can get by the reproduction or manu-
v. Almodovar, GR 75256. Jan. 26, 1989].
facture of his work. [Tolentino, Civ. Code of
Compare with Motive.
the Phils., Vol. II, Repr. 2001, p. 25]. 2. Use-
ful artistic and industrial information and Intent to gain. Crim. Law. 1. An internal act
knowledge. that is presumed from the unlawful taking by
the offender of the thing subject of asporta-
Intellectual Property (IPO). The Office creat-
tion. [Matrido v. People, GR 179061, July
ed to administer and implement the State
13, 2009]. The intent to obtain from the ap-
policies declared in RA 8293, known as the
propriation of the thing some utility, ad-
Intellectual Property Code of the Phils.
vantage or benefit. [Gregorio, Fund. of Crim.
Intellectual Property Code of the Philip- Law Rev., 1997 9th Ed., p. 704]. Also Ani-
pines. RA 8293 entitled ―An Act prescribing mus lucrandi.
the Intellectual Property Code and establish-
Intent to kill. Crim. Law. A mental process,
ing the IPO, providing for its powers and
which may be inferred from the nature of the
functions, and for other purposes‖ enacted
weapon used, the place of the wound, the
on June 6, 1997.
seriousness thereof, and the persistence to
Intellectual property rights. The legal basis kill the victim. [People v. Ty Sui Wong, GR
by which the indigenous communities exer- L-32529. May 12, 1978].
cise their rights to have access to, protect,
Intention. When used with reference to the
control over their cultural knowledge and
construction of wills and other documents,
product, incl. but not limited to, traditional
the term means the sense and meaning of
medicines, and includes the right to receive
it, as gathered from the words used therein.
compensation for it. [Sec. 4, RA 8423].
Intentionada waiver. The voluntary renuncia-
Intellectual property rights. Covered: (a)
tion by the vendee of his right to warranty in
Copyright and related rights; (b) Mark
case of eviction with knowledge of the risks
(trade, service and collective); (c) Geo-
of eviction and assumption of its conse-
graphic indications; (d) Industrial designs;
quences. [Diaz, Bus. Law Rev., 1991 Ed., p.
(e) Patents; (f) Layout designs (topogra-
135].
phies) of integrated circuits; and (g) Protec-
tion of undisclosed information. [Sec. 4.1, Intentional. As used in an accident policy
IPC]. excepting intentional injuries inflicted by the

509
insured or any other person, etc., the term terstate‖. 2. With or on each other [or one
implies the exercise of the reasoning facul- another], together, mutual, reciprocal, mutu-
ties, consciousness, and volition. Where a ally, or reciprocally, as in ―interact‖. [Pepsi-
provision of the policy excludes intentional Cola Sales and Advertising Union v. Sec. of
injury, it is the intention of the person inflict- Labor, GR 97092. July 27, 1992]. Compare
ing the injury that is controlling. If the injuries with Intra.
suffered by the insured clearly resulted from
Inter alia. Lat. Among other things; for exam-
the intentional act of a 3rd person the insur-
ple; or, including.
er is relieved from liability as stipulated.
[Biagtan v. Insular Life, GR L-25579. Mar. Inter arma silent leges. Lat. In war the laws
29, 1972]. are silent. [US v. Luzon, GR 1332 July 31,
1903].
Intentional abortion. Crim. Law. Elements:
(a) That there is a pregnant woman; (b) That Inter partes. Lat. Bet. parties.
violence is exerted, or drugs or beverages
Inter se. Lat. Among themselves. It means
administered, or that the accused otherwise
acts upon such pregnant woman; (c) That that, for instance, certain corporate rights
as a result of the use of violence or drugs or are limited only to the shareholders or only
to the trustees as a group.
beverages upon her, or any other act of the
accused, the fetus dies, either in the womb Inter vivos. Lat. From one living person to
or after having been expelled therefrom; (d) another living person.
That the abortion is intended. [Art. 256,
RPC]. Inter vivos trust. A trust created by a writing
[declaration of trust] which commences at
Intentional abortion. Crim. Law. The felony that time, while the creator [called a trustor
committed by any person who shall inten- or settlor] is alive, sometimes called a "living
tionally cause an abortion, if he shall use trust." The property is then placed in trust
any violence upon the person of the preg- with a trustee [often the trustor during
nant woman, or if, without using violence, he his/her lifetime] and distribution will take
shall act without the consent of the woman, place acc. to the terms of the trust-possibly
or if the woman shall have consented. [Art. both during the trustor's lifetime and then
256, RPC]. upon the trustor's death.
Intentional cancellation. Nego. Inst. Cancel- Interception. Listening to, recording, monitor-
lation effected by destroying the instrument ing or surveillance of the content of commu-
either by tearing it up, burning it, or writing nications, incl. procuring of the content of
the word "cancelled" on the instrument. The data, either directly, through access and use
act of destroying the instrument must also of a computer system or indirectly, through
be made by the holder of the instrument in- the use of electronic eavesdropping or tap-
tentionally. [State Investment House, Inc. v. ping devices, at the same time that the
CA, GR 101163. Jan. 11, 1993]. communication is occurring. [Sec. 3, RA
10175].
Intentional interference with contractual
relations. This occurs when a person inten- Inter-country adoption. The socio-legal pro-
tionally damages the plaintiff's contractual or cess of adopting a Filipino child by a for-
other business relationships. See Tortious eigner or a Filipino citizen permanently re-
interference. siding abroad where the petition is filed, the
supervised trial custody is undertaken, and
Intentional tort. Wrong perpetrated by one
who intends to break the law. the decree of adoption is issued outside the
Phils. [Sec. 3, RA 8043].
Inter. A prefix denoting: 1. Between or among:
the 2nd element is singular in form, as in ―in-

510
Inter-Country Adoption Act of 1995. RA such as an heir, or one who has a claim
8043 entitled ―An Act establishing the rules against the estate, such as a creditor.
to govern inter-country adoption of Filipino [Saguinsin v. Lindayag, GR L-17759 Dec.
children, and for other purposes‖ enacted on 17, 1962].
June 7, 1995.
Interested person. A person one who would
Interest. 1. The compensation allowed by law be benefited by the estate, such as an heir,
or fixed by the parties for the loan or for- or one who has a claim against the estate,
bearance of money, goods or credits. [Teo- such as a creditor; this interest must be ma-
doro & De Leon, Law on Income Taxation, terial and direct, not merely indirect or con-
11th Ed. (2001), p. 111]. 2. Any right in the tingent. [Trillana v. Crisostomo, GR L-3378,
nature of property less than title. [PNB v. Aug. 22, 1951].
CA, GR 118357. May 6, 1997].
Interested witness. 1. Rem. Law. A witness
Interest in land. The legal concern of a per- who is a party to or a person interested in
son in the thing or property, or in the right to the outcome of a case. 2. Succ. A witness
some of the benefits or uses from which the who attests to the execution of a will which
property is inseparable. [PNB v. CA, GR gives a legacy or devise to that witness, or
118357. May 6, 1997]. his spouse, or his parent or his child. [Art.
823, CC].
Interest in the subject. A direct interest in the
cause of action as pleaded, and which Interests. Charges imposed as a conse-
would put the intervenor in a legal position quence in the use of money. It is deemed
to litigate a fact alleged in the complaint, synonymous with discount when applied to
without the establishment of which plaintiff govt. securities.
could not recover. [Magsaysay-Labrador v.
Intergenerational responsibility. Envi. Law.
CA, GR 58168. Dec. 19, 1989].
The concept upon which the personality [of
Interest rate per centum per annum. An classes of persons such as minors] to sue in
interest rate that is accrued solely upon the behalf of the succeeding generations is
unpaid balance of any loan principal which based insofar as the right to a balanced and
has actually been advanced to a borrower healthful ecology is concerned. [Oposa v.
and upon any interest payment which has Factoran, GR 101083, 31 July 1991].
become due or been deferred and has not
Interim. In or for the intervening period; provi-
been paid by the borrower; computed on an
sional or temporary.
annual basis. [Sec. 3, PD 269].
Interim Committee. Also Little Assembly. A
Interest reipublicae ut finis sit litium. Lat.
subsidiary to the General Assembly of the
The interest of the State demands that there
UN created in 1947 for a term of one year
be an end to litigation. [Henson v. Dir. of
and re-established in 1949 for an indefinite
Lands, GR L-10812 Mar. 26, 1918].
term. It is composed of one delegate for
Interest reipublicae ut sit finis litium. Lat. [It each member-state, meets when the Gen-
is in] the interest of the State that there eral Assembly is in recess, and assist this
should be an end to litigation. [Chu v. Cu- body in the performance of its functions.
nanan, Gr 156185 Sep. 12, 2011]. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 25].
Interested parties. Domestic producers con- Interim rates. Rates charged by the utility for
sumers, importers and exporters of the services or products pending the establish-
products under consideration. [Sec. 4, RA ment of a permanent rate, in emergency sit-
8800]. uations, or where a bond is posted that
guarantees a refund to consumers for any
Interested party. In the estate of a decedent,
excess paid by them prior to the [Energy
one who would be benefited by the estate,

511
Regulatory] Commission's final determina- sions independently made without collusion
tion. [Freedom From Debt Coalition v. ERC, which are identical with each other in their
GR 161113. June 15, 2004]. essential details and are corroborated by
other evidence on record are admissible, as
Interim receipt. A document given to the in-
circumstantial evidence, against the person
sured to bind the company in case a loss
implicated to show the probability of the lat-
occurs pending action upon the application
ter's actual participation in the commission
and the actual issuance of a policy. Such a
of the crime. [People v. Molleda, GR L-
receipt issued by the duly authorized agent
34248 Nov. 21, 1978].
of an insurance company constitutes a tem-
porary contract of insurance under which the Interlocking directors. Corp. Law. One,
company is liable for any loss occurring dur- some, or all of the directors in one corp. is or
ing the period covered by it. are also director or directors in another corp.
[De Leon, Corp. Code of the Phil. Annotat-
Interior design. The science and art of plan-
ed, 1989 Ed., p. 227].
ning, specifying, selecting and organizing
the surface finishes and materials incl. furni- Interlocutory. 1. Something intervening bet.
ture, furnishings and fixtures and other inte- the commencement and the end of a suit
rior design elements for the purpose of the which decides some point or matter but is
interior space allocations to suit, enhance not a final decision of the whole controversy.
and meet the intended function, movement [Prov. of Bohol v. NWSA, GR L-30856, Feb.
and character for which the interior of the 27, 1970]. 2. Temporary; provisional; inter-
building is designed. [Sec. 4, RA 10350]. im; not final.
Interior design, Practice of. The act of plan- Interlocutory injunction. Rem. Law. An in-
ning, designing, specifying, supervising and junction which lasts only until the end of the
giving general administration and responsi- trial during which the injunction was sought.
ble direction to the functional, orderly and
Interlocutory order. Rem. Law. 1. A ruling
aesthetic arrangement and development of
respecting some point or matter bet. the
interiors of buildings and residences that
commencement and end of the suit, but is
shall contribute to the enhancement and
not a final adjudication of the claims and lia-
safeguard of life, health and property and
bilities of the parties that are in dispute in
the promotion and enrichment of the quality
that suit. [Siapian v. Intestate Estate of Mac-
of life. [Sec. 2, RA 8534].
kay, GR 184799. Sep. 1, 2010]. 2. An order
Interior designer. A natural person who has that does not dispose of a case completely,
been issued a certificate of registration and but leaves something more to be done upon
a valid professional license by the Board of its merits. [Marcelo v. de Guzman, GR L-
Interior Design. [Sec. 2, RA 8534]. 29077, June 29, 1982]. 3. An order that
does not finally dispose of the case, and
Interlocking confessions. Evid. Extra-judicial
does not end the Court's task of adjudicating
confessions independently made without
the parties' contentions and determining
collusion which are identical with each other
their rights and liabilities as regards each
in their essential details and are corroborat-
other, but obviously indicates that other
ed by other evidence on record are admissi-
things remain to be done by the Court. [Ati-
ble, as circumstantial evidence, against the
enza v. CA, GR 85455. June 2, 1994].
person implicated to show the probability of
Compare with Final order.
the latter's actual participation in the com-
mission of the crime. [People v. Interloper. A person who, without legal right,
Condemena, GR L-22426 May 29, 1968]. runs a business [e.g. without mandatory li-
censes], or who wrongfully interferes or in-
Interlocking confessions doctrine. Evid. The
tercepts another's business.
doctrine under which extra-judicial confes-

512
Intermediary. A person who in behalf of an- within an org. or agency to safeguard its as-
other person and with respect to a particular sets, check the accuracy any reliability of its
electronic document sends, receives and/or accounting data, and encourage adherence
stores provides other services in respect of to prescribed managerial policies. [Sec. 123,
that electronic data message or electronic PD 1445].
document. [Sec. 5, RA 8792].
Internal control environment. Corp. Law.
Intermediate Appellate Court (IAC). The The framework under which internal controls
name given to the Court of Appeals (CA) by are developed, implemented, alone or in
virtue of EO 864 issued in 1983. On July 28, concert with other policies or procedures, to
1986, EO 33 was issued restoring the orig. manage and control a particular risk or busi-
name of the Court of Appeals (CA). ness activity, or combination of risks or
business activities, to which the company is
Intermediate level of scrutiny test or quasi-
exposed. [SEC Res. 135, S. 2002].
suspect class. Classification based on
gender or legitimacy are not ―suspect,‖ but Internal revenue. Taxes imposed by the legis-
neither are they judged by the traditional or lature other than duties on imports or ex-
rational basis test. Intentional discrimina- ports. [Teodoro & De Leon, Law on Income
tions against members of a quasi-suspect Taxation, 11th Ed. (2001), p. 10].
class violate equal protection unless they
Internal Revenue Allotment (IRA). The ac-
are substantially related to important govt.
count created under PD 144, as amended,
objectives. [Craig v. Boren, 429 U.S. 190].
representing the portion of total natl. govt.
Internal Audit Department. Corp. Law. A revenues which accrue to the local govts.
department, division, team of consultants, or This includes the local govt. share in the
other practitioner(s) that provide independ- specific tax on oil products authorized by PD
ent, objective assurance and consulting ser- 436, as amended. This share has been re-
vices designed to add value and improve an vised under the LGC of 1991 and is now
organization's operations. [SEC Res. 135, termed as IRA.
S. 2002].
Internal union dispute. Also Intra-union
Internal auditing. Corp. Law. An independent, conflict. A conflict within or inside a labor
objective assurance and consulting activity union. It includes all disputes or grievances
designed to add value and improve an or- arising from any violation of or disagreement
ganization's operations. It helps an org. ac- over any provision of the constitution and
complish its objectives by bringing a sys- by-laws of a union, incl. any violation of the
tematic, disciplined approach to evaluate rights and conditions of union membership
and improve the effectiveness of risk man- provided for in the [Labor] Code. [Book V,
agement, control, and governance process- Rule I, Sec. 1(a), Omnibus Rules Imple-
es. [SEC Res. 135, S. 2002]. menting the Labor Code; Art. 212, LC].
Internal control. 1. Corp. Law. The process Internal waters. Also called as National or
effected by a company's BoD, management Inland waters. 1. The waters on the land-
and other personnel, designed to provide ward side of baselines from which the
reasonable assurance regarding the breadth of the territorial sea is calculated.
achievement of objectives in the effective- [Brownlie, Principles of Public Intl. Law, 4th
ness and efficiency of operations, the relia- ed., 1990, p. 120]. 2. Those found in the
bility of financial reporting, and compliance bodies of water within the land mass and the
with applicable laws, regulations, and inter- waters in gulfs and bays up to the point
nal policies. [SEC Res. 135, S. 2002]. 2. where the territorial waters begin. [Cruz, Intl.
Govt. Auditing. The plan of org. and all the Law Reviewer, 1996 Ed., p. 61]. 2. Those
coordinate methods and measures adopted

513
waters inland of the baseline of a state's ter- mail bet. any 2 or more countries. [Sec. 3,
ritorial sea. RA 9497].
Internal waters of the Philippines. The wa- International community. The body of juridi-
ters around, bet., and connecting the islands cal entities which are governed by intl. law.
of the Phil. archipelago, regardless of their It is often traditionally called the family of na-
breadth and dimensions. [Art. I, 1987 Phil. tions. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
Consti.]. 11].
Internally generated funds. Funds obtained International competitions. Intl. sports com-
from net revenues, funds arising from de- petitions which are sanctioned by the Intl.
preciation provisions, income from invest- Olympic Committee (IOC) or held every 4
ment in securities, sale of corporate proper- years incl. qualifying championships in team
ty, and other transactions performed in the sports wherein only 1 or 2 countries may
course of corporate activity. [Sec. 3, EO qualify for the Olympics or World Champi-
518]. onships. Competitions granting prize money
or those held in honor of any personality or
International administrative law. The body of
sponsor shall not be included. [Sec. 3, RA
rules formulated by states, usu. in intl. con-
9064].
ventions, for the purpose of regulating their
relations and activities in connection with International Court of Justice (ICJ). The
such non-political matters as intl. communi- judicial organ of the UN and superseded by
cation, patents and copyrights, promotion of the Permanent Court of Intl. Justice under
health, education, and crime prevention. the League of Nations. The World Court, as
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 4]. it is popularly known, is governed by a Stat-
ute annexed to the Charter of the UN. [Cruz,
International carriage. Any carriage in which,
acc. to the agreement bet. the parties, the
place of departure and the place of destina- International Covenant on Civil and Politi-
tion, whether or not there be a breach in the cal Rights (ICCPR). A multilateral treaty
carriage or a transshipment, are situated ei- adopted by the UN General Assembly on
ther within the territories of 2 High Contract- Dec. 16, 1966, and in force from Mar. 23,
ing Parties or within the territory of a single 1976. It commits its parties to respect the
High Contracting Party if there is an agreed civil and political rights of individuals, incl.
stopping place within the territory of another the right to life, freedom of religion, freedom
State, even if that State is not a High Con- of speech, freedom of assembly, electoral
tracting Party. [Pan Amer. World Airways v. rights and rights to due process and a fair
Rapadas, GR 60673]. May 19, 1992]. trial.
International comity. 1. Courteous and friend- International custom or Customary interna-
ly agreement and interaction bet. nations. tional law. [A] source of intl. law x x x. [T]he
[De Leon, Fundamentals of Taxation, 2000 general and consistent practice of states
Ed., p. 47]. 2. The informal and non- recognized and followed by them from a
mandatory courtesy sometimes referred to sense of legal obligation. [Bayan Muna v.
as a set of rules to which the courts of one Romulo, GR 159618. Feb. 1, 2011].
sovereign often defer in determining ques-
International dispute. An actual disagree-
tions (as of jurisdiction or applicable prece-
ment bet. states regarding the conduct to be
dent) when the laws or interests of another
taken by one of them for the protection or
sovereignty are involved.
vindication of the interests of the other.
International commercial air transport. The [Cruz, Intl. Law Reviewer, 1996 Ed., p. 119].
carriage by aircraft of persons or property
for remuneration or hire or the carriage of

514
International ethics. The dealings of states thorities where intl. aircraft or vessels flying
with one another which stress considera- routes customarily stop to discharge and
tions of justice and morality. [Cruz, Intl. Law load foreign trade goods, repairs, trans-
Reviewer, 1996 Ed., p. 4]. shipment of cargo, or disembarkation of
passengers, and for which reasons customs
International exhaustion. Intel Prop. This
and immigration officers are stationed
allows any party to import into the natl. terri-
thereat for purpose of enforcing the collec-
tory a patented product from any other
tion of corresponding duties, taxes or fees.
country in which the product was placed on
[Customs AO 3-95, Dec. 6, 1995].
the market by the patent holder or any au-
thorized party. International public order or public policy.
In conflict of laws, the general principle
International juridical double taxation. The
whereby courts may refuse to enforce con-
imposition of income taxes in 2 or more
tracts or foreign judgments or foreign arbitral
states on the same taxpayer in respect of
awards which they deem to be repugnant to
the same income.
the forum's essential principles of morality
International law. 1. Body of rules which regu- and justice, or, in some cases, to the basic
lates the community of nations. [Suarez, policies and interests of the forum State.
Stat. Con., (1993), p. 38]. 2. A combination
International sale. A sale involving a buyer
of treaties and customs which regulates the
and seller with places of business in differ-
conduct of states amongst themselves. The
ent states.
highest judicial authority of intl. law is the
ICJ and the administrative authority is the International taxation. The operationalization
UN. of the tax system on an intl. level. As it is,
intl. taxation deals with the tax treatment of
International Law Commission. A body cre-
goods and services transferred on a global
ated by the General Assembly in 1947 for
basis, multinational corps. and foreign in-
the ―promotion of the progressive develop-
vestments. [CIR v. Procter & Gamble Phil.
ment of intl. law and its codification,‖ com-
Mfg. Corp., GR 66838. Dec. 2, 1991].
posed of 25 members, of recognized com-
petence in intl. law, elected by the General International transportation. Any transporta-
Assembly for a term of 3 years and eligible tion in which, according to the contract
for re-election. [Cruz, Intl. Law Reviewer, made by the parties, the place of departure
1996 Ed., p. 6]. and the place of destination, whether or not
there be a break in the transportation or a
International organizations. Intl. Law. Institu-
transshipment, are situated either within the
tions constituted by intl. agreement bet. 2 or
territories of 2 High Contracting Parties, or
more states to accomplish common goals.
within territory of a single High Contracting
The legal personality of these intl. orgs. has
Party, if there is an agreed stopping place
been recognized not only in municipal law,
within a territory subject to the sovereignty,
but in intl. law as well. [Sandoval, Pol. Law
suzerainty, mandate, or authority of another
Reviewer 2003].
power, even though that power is not a party
International party. An entity whose place of to this convention. Transportation without
business is outside the Phils. It shall not in- such an agreed stopping place between ter-
clude a domestic subsidiary of such intl. par- ritories subject to the sovereignty, suzerain-
ty or a co-venturer in a joint venture with a ty, mandate or authority of the same High
party which has its place of business in the contracting Party shall not be deemed to be
Phils. [Sec. 3(p), RA 9285] intl. for the purpose of th[e Warsaw] conven-
tion. [Amer. Airlines v. CA, GR 116044-45.
International port of entry. Any port or sea-
Mar. 9, 2000].
port declared as such by the relevant au-

515
International travelers. Any individual who claims no interest whatever in the subject
arrives from a foreign destination, as evi- matter, or an interest which in whole or in
denced by a passport and passenger ticket. part is not disputed by the claimants. [Sec.
[Customs AO 3-95, Dec. 6, 1995]. 1, Rule 62, RoC]. 2. A remedy whereby a
person who has property whether personal
Internationally well-known mark. Intel. Prop.
or real, in his possession, or an obligation to
A mark: (a) considered by the competent
render wholly or partially, without claiming
authority of the Phils. to be ―well-known‖ in-
any right in both, or claims an interest which
ternationally and in the Phils. as the mark of
in whole or in part is not disputed by the
a person other than the applicant or regis-
conflicting claimants, comes to court and
trant; (b) that need not be used or registered
asks that the persons who claim the said
in the Phils.; and (c) that need not be known
property or who consider themselves enti-
by the public at large but only by relevant
tled to demand compliance with the obliga-
sector of the public.
tion, be required to litigate among them-
Internet. 1. A vast 'interconnection of comput- selves, in order to determine finally who is
er networks'. It is comprised of millions of entitled to one or the other thing. The reme-
computing devices that trade volumes of in- dy is afforded not to protect a person
formation. 2. An network of electronic net- against a double liability but to protect him
works, a communications medium, and an against a double vexation in respect of one
information repository. See World Wide liability. [Ocampo v. Tirona, GR147812, Apr.
Web. 6, 2005].
Internet address. A website, bulletin board Interpotare et concordare leges legibus est
service, internet chat room or news group, optimus interpotandi modus. See Inter-
or any other internet or shared network pro- pretare et concordare leges legibus est
tocol address. [Sec. 3, RA 9775]. optimus interpretandi modus.
Internet cafe or kiosk. An establishment that Interpretare concordare legibus est opti-
offers or proposes to offer services to the mus interpretandi. Lat. Every statute must
public for the use of its computer/s or com- be so construed and harmonized with other
puter system for the purpose of accessing statutes as to form a uniform system of ju-
the internet, computer games or related ser- risprudence. [Rep. v. Asuncion, GR L-
vices. [Sec. 3, RA 9775]. 108208 Mar. 11, 1994].
Internet content host. A person who hosts or Interpretare et concordare leges legibus est
who proposes to host internet content in the optimus interpretandi modus. Lat. 1. Eve-
Phils. [Sec. 3, RA 9775]. ry statute must be so construed and harmo-
nized with other statutes as to form a uni-
Internet service provider (ISP). A person or form system of jurisprudence. [Dreamwork
entity that supplies or proposes to supply, Construction, Inc. v. Janiola, GR 184861,
an internet carriage service to the public. June 30, 2009]. 2. To interpret and reconcile
[Sec. 3, RA 9775].
laws so that they harmonize is the best
Interplead. To litigate with each other in order mode of construction. Every statute must be
to determine which of 2 parties is the rightful so construed and harmonized with other
claimant against a 3rd party. statutes as to form a uniform system of ju-
risprudence. [Corona v. CA, GR 97356,
Interpleader. 1. An action brought by a person Sep. 30, 1992].
against the conflicting claimants to compel
them to interplead and litigate their several Interpretatio fienda est ut res magis valeat
claims among themselves, whenever con- quam pereat. Lat. That construction is to be
flicting claims upon the same subject matter made so that the subject may have an effect
are or may be made against him, who rather than none. Such interpretation is to

516
be adopted so that the law may continue to other person having information or interest
have efficiency rather than fail. [People v. in a case; a discovery device.
Simon, GR 93028. July 29, 1994].
Interruption. A break: an act of delaying or
Interpretatio talis in ambiguis semper interrupting the continuity.
frienda est, ut evitatur inconveniens et
Interruption of good faith. The cessation of
absurdum. Lat. In ambiguous things, such
possession in good faith from the moment
a construction is to be made, that what is in-
defects in the title are made known to the
convenient and absurd is to be avoided.
possessor, by extraneous evidence or by
Where there is ambiguity, such interpreta-
suit for the recovery of the property by the
tion as will avoid inconvenience and ab-
true owner. [Tolentino, Civ. Code of the
surdity is to be adopted. [CIR v. CTA, GR
83736. Jan. 15, 1992].
Interruption of religious worship. Crim. Law.
Interpretation. The act of making intelligible
The felony committed by any public officer
what was before not understood, ambigu-
or employee who shall prevent or disturb the
ous, or not obvious. It is a method by which
ceremonies or manifestations of any reli-
the meaning of language is ascertained.
gion. [Art. 132, RPC].
[NIA v. Gamit, GR 85869. Nov. 6, 1992].
Intertemporal. Describing any relationship
Interpretation of contracts. Such interpreta-
bet. past, present and future events or con-
tion as would allow the literal meaning of the
ditions.
stipulations of the contract to control, if its
terms are clear and leave no doubt upon the Intertemporal law. Intl. Law. The legal rule
intention of the contracting parties. Howev- that the validity of a state's action is deter-
er, if the words appear to be contrary to the mined by the accepted rule of intl. law at the
evident intention of the parties, the latter time the action was taken and not by a rule
shall prevail over the former. [Art. 1370, of law adopted later.
CC].
Intertemporal law doctrine. Intl. Law. Legal
Interpretative clause. That part of the statute doctrine that practices regarded as lawful in
where the legislature defines its own lan- the past will continue to be respected in the
guage or prescribes rules for its construc- future.
tion. [Suarez, Stat. Con., (1993), p. 49].
Inter-union controversy or dispute. A dis-
Interpretative rules. Rules designed to pro- pute occurring or carried on bet. or among
vide guidelines to the law which the adminis- unions. [Pepsi-Cola Sales and Advertising
trative agency is in charge of enforcing. Union v. Sec. of Labor, GR 97092. July 27,
[Misamis Or. Assoc. of Coco Traders v. 1992]. Compare with Intra-union conflict.
DOF Sec., GR 108524. Nov. 10, 1994].
Compare with Legislative rule. Intervene. To enter into a suit as a 3rd party
for one's own interests.
Interpretere et concordare legibus est op-
timus interpretendi. Lat. Every statute Intervening cause. An event which occurs
bet. the orig. improper or dangerous action
must be so interpreted and brought in ac-
cord with other laws. [City Warden of the and the damage itself. Thus, the "causal
Manila City Jail v. Estrella, GR 141211. Aug. connection" bet. the wrong and damages is
31, 2001]. broken by the intervening cause.
Interrogation. Inquiry; questioning; examina- Intervenor. A person who has a legal interest
in the matter in litigation, or in the success of
tion; question.
either of the parties, or an interest against
Interrogatories. A set or series of written both, or is so situated as to be adversely af-
questions propounded to a party, witness, or

517
fected by a distribution or other disposition signed to address issues that caused the
of property in the custody of the court or of child to commit an offense . These may in-
an officer thereof who may, with leave of clude counseling, skills, training, education,
court, be allowed to intervene in the action. and other activities that are aimed to im-
[Sec. 1, Rule 19, RoC]. prove and enhance the child's psychologi-
cal, emotional and psychosocial well being.
Intervention. Intl Law. An act by which a state
interferes with the domestic or foreign affairs
AM 02-1-18-SC, Nov. 24, 2009].
of another state or states through the em-
ployment of force or threat of force. Such Intestacy. The condition of having died without
force may be physical or, in the present a valid will.
state of world affairs, even political or eco-
Intestate. 1. Dying without a will. 2. The status
nomic. [Sandoval, Pol. Law Reviewer 2003].
of a person who dies without leaving a will.
Intervention. Rem. Law. 1. A proceeding by
Intestate estate. The estate of a deceased
which a person who has legal interest in the
person without a will. The estate is settled
matter in litigation, or in the success of ei-
by the laws of intestacy provided in the Civ.
ther of the parties, or an interest against
Code. [Bench Book for Trial Court Judges,
both, or when he is so situated as to be ad-
p. 3-1]. Compare with Testate estate.
versely affected by a distribution or other
disposition of property in the custody of the Intestate heirs. Also Legal heirs. Succ. 1.
court or of an officer thereof may, with leave Those who inherit by their own right, and
of court, be allowed to intervene in an action those who inherit by the right of representa-
[Sec 1, Rule 19, RoC]. 2. A proceeding in a tion. [Rosales v. Rosales, GR L-40789. Feb.
suit or action by which a 3rd person is per- 27, 1987]. 2. [Heirs who succeed] to the es-
mitted by the court to make himself a party, tate of the decedent who dies without a valid
either joining plaintiff in claiming what is will, or to the portion of such estate not dis-
sought by the complaint, or uniting with deposed of by will. They succeed in the ab-
fendant in resisting the claims of plaintiff, or sence of a valid will.
demanding something adversely to both of
them; the act or proceeding by which a 3rd Intestate succession. Also Legal succes-
person becomes a party in a suit pending sion. 1. That which is effected by operation
of law in default of a will. [Jurado, Com-
bet. others; the admission, by leave of court,
of a person not an orig. party to pending le- ments & Jurisp. on Succ., 1991 8th Ed., p.
gal proceedings, by which such person be- 15]. 2. A succession of property when the
deceased has left no will, or when the will
comes a party thereto for the protection of
some right of interest alleged by him to be has been revoked. Compare with Testa-
affected by such proceedings. [Garcia, v. mentary succession.
David, GR 45454. Apr. 12, 1939]. Intestinal obstruction. A condition in which
Intervention. Spcl. Law. A series of activities the passage of intestinal contents is arrest-
ed or seriously impaired. This is due to
which are designed to address issues that
caused the child to commit an offense. It causes which are either mechanical, vascu-
may take the form of an individualized lar or neurogenic. [Rodriguez v. ECC, GR
treatment program which may include coun- 46454. Sep. 28, 1989].
seling, skills training, education, and other Intimidate. To frighten or overawe someone,
activities that will enhance his/her psycho- esp. in order to make him do what one
logical, emotional and psycho-social well- wants.
being. [Sec. 4, RA 9344].
Intimidation. Unlawful coercion; extortion;
Intervention programs. A series of individual- duress; putting in fear. [People v. Alfeche,
ized treatment activities or programs de- Jr., GR 102070. July 23, 1992].

518
Intimidation to vitiate consent. There is incorp. [Philex Mining v. Reyes, GR L-57707
timidation when one of the contracting par- Nov. 19, 1982]. 2. One that pertains to any
ties is compelled by a reasonable and well- of the following relationships: (a) Bet. the
grounded fear of an imminent and grave evil corp., partnership or assoc. and the public;
upon his person or property, or upon the (b) bet. the corp., partnership or assoc. and
person or property of his spouse, descend- the State insofar as its franchise, permit or
ants or ascendants, to give his consent. [Art. license to operate is concerned; (c) bet. the
1335, CC]. corp., partnership or assoc. and its stock-
holders, partners, members or officers; and
Intimidation to vitiate consent. Requisites:
(d) among the stockholders, partners or as-
(a) That the intimidation caused the consent
sociates themselves. [Go v. Distinction
to be given; (b) that the threatened act be
Properties Devt. and Const., Inc., GR.
unjust or unlawful; (c) that the threat be real
194024, Apr. 25, 2012].
or serious, there being evident disproportion
bet. the evil and the resistance which all Intra-corporate controversy. Elements that
man can offer, leading to the choice of doing must concur to determine whether a case
that act which is forced on the person to do involves an intra-corporate controversy, and
as the lesser evil; and (d) that it produces a is to be heard and decided by the branches
well-grounded fear from the fact that the of the RTC specifically designated by the
person from whom it comes has the neces- Court to try and decide such cases: (a) the
sary means or ability to inflict the threatened status or relationship of the parties; and (2)
injury to his person or property. [Lichauco de the nature of the question that is the subject
Leon v. CA, GR 80965, June 6, 1990]. of their controversy. [Speed Distribution, Inc.
v. CA, GR 149351, Mar. 17, 2004].
Intoxicated. Affected by or as if by alcohol;
drunk. Intra-corporate dispute. A suit arising from
intra-corporate relations or bet. or among
Intoxicating liquor. Any liquor used as a bev-
stockholders or bet. any or all of them and
erage, and which, when so used in sufficient
the corp.
quantities, ordinarily or commonly produces
entire or partial intoxication. Intra-corporate relationship. The types of
relationships embraced under Sec. 5(b) [of
Intoxication. A state in which a person's nor-
PD 902-A and which exist]: (a) bet. the
mal capacity to act or reason is inhibited by
corp., partnership, or assoc. and the public;
alcohol or drugs.
(b) bet. the corp., partnership, or assoc. and
Intra. A prefix meaning "within‖, ―inside of‖, as its stockholders, partners, members, or of-
in ―intramural‖, ―intravenous‖. [Pepsi-Cola ficers; (c) bet. the corp., partnership, or as-
Sales and Advertising Union v. Sec. of La- soc. and the State as far as its franchise,
bor, GR 97092. July 27, 1992]. Compare permit or license to operate is concerned;
with Inter. and (d) among the stockholders, partners, or
associates themselves. The existence of
Intra vires. Lat. Within the power. Within the
any of the above intra-corporate relations
legal power or authority or a person or offi- was sufficient to confer jurisdiction to the
cial or body etc. SEC, regardless of the subject matter of the
Intra vires act. Corp. Law. An act which is dispute. This came to be known as the Re-
within the express, implied or incidental lationship test.
powers of the corp. [Diaz, Bus. Law Rev.,
Intra-union conflict. A conflict within or inside
1991 Ed., p. 277]. Compare with Ultra vires a labor union. [Pepsi-Cola Sales and Adver-
act. tising Union v. Sec. of Labor, GR 97092. Ju-
Intra-corporate controversy. 1. A controver- ly 27, 1992]. Compare with Inter-union
sy that arises bet. a stockholder and the

519
controversy or dispute. See also Internal are first filled, the delegate will then have
union dispute. been given the opportunity to step in the
shoes of the legislature and exercise a dis-
Intrigue. A secret or underhand scheme; a
cretion essentially legislative in order to re-
plot.
pair the omissions. [Guingona v. Carague,
Intriguing against honor. Crim. Law. The GR 94571. Apr. 22, 1991].
Invasion of privacy. The intrusion into the
make any intrigue which has for its principal
personal life of another, without just cause,
purpose to blemish the honor or reputation
which can give the person whose privacy
of a person. [Art. 364, RPC].
has been invaded a right to bring a lawsuit
Intrinsic. Belonging naturally; essential. for damages against the person or entity
that intruded.
Intrinsic ambiguity. Also Latent ambiguity. It
arises when the writing on its face appears Invent. To create or design something that has
clear but there are collateral matters or cir- not existed before; be the originator of.
cumstances which make the meaning un-
Invention. 1. Any patented machine, product,
certain. [Gibson v. Anderson, 265 Ala. 553,
process, incl. implements or tools and other
92 So.2d 692, 694 (Ala.1957)]. Compare
related gadgets of invention, utility model
with Extrinsic or Patent ambiguity.
and industrial design patents. [Sec. 3, RA
Intrinsic fraud. Acts of a party in a litigation 7459]. 2. Any new and useful machine man-
during the trial, such as the use of forged in- ufactured product or substance, process or
struments or perjured testimony,which did any improvement thereof that satisfies the
not affect the presentation of the case, but requirement of novelty, utility and operative-
did prevent a fair and just detemination of ness. [Sec. 1, PD 1423].
the case. [Libudan v. Gil, GR L-21163 May
Invention not considered new or patenta-
17, 1972]. Compare with Extrinsic or Col-
ble. An invention which shall not be consid-
lateral fraud.
ered new or capable of being patented if it
Introduction. Bringing species into the wild was known or used by others in the Phils.
that is outside its natural habitat. [Sec. 5, RA before the invention thereof by the inventor
9147]. named in an application for patent for the in-
vention; or if it was patented or described in
Introduction of falsified document in a judi-
any printed publication in the Phils. or any
cial proceeding. Elements: (a) That the of- foreign country more than one year before
fender knew that a document was falsified the application for a patent therefor; or if it
by another person; (b) That the false docu-
had been in public use or on sale in the
ment is embraced in Art. 171 or in any sub- Phils. for more than one year before the ap-
divisions Nos. 1 or 2 of Art. 172 [of the plication for a patent therefor; or if it is the
RPC]; and (c) That he introduced said doc- subject matter of a validly issued patent in
ument in evidence in any judicial proceed- the Phils. granted on an application filed be-
ing. [Reyes, Rev. Penal Code, Crim. Book
fore the filing of the application for patent
Two, 14th Ed., Rev., 1998 ed., p. 246]. therefor. [Sec. 9, RA 165].
Introitus. Vaginal canal. [People v. Gavino, Inventions not patentable. An invention
GR 142749 Mar. 18, 2003]. which shall not be patentable if it is contrary
Inure. To take effect, to result; to come into to public order or morals, or to public health
operation. or welfare, or if it constitutes a mere idea,
scientific principle or abstract theorem not
Invalid delegation. If there are gaps in the law embodied in an invention as specified in
that will prevent its enforcement unless they Sec. 7 of RA 165, or any process not di-

520
rected to the making or improving of a ting it into financial schemes, shares, or
commercial product. [Sec. 8, RA 165]. property.
Inventions patentable. Any invention of a Investible funds. Funds of the REIT that can
new and useful machine, manufactured be placed in investment vehicles other than
product or substance, process, or an im- income generating real estate such as real
provement of any of the foregoing, which estate-related assets, managed funds, govt.
shall be patentable. [Sec. 7, RA 165]. securities, and cash and cash equivalents.
[Sec. 3, RA 9856].
Inventive step. An invention involves an in-
ventive step if, having regard to prior art, it is Investigate. 1. To examine, explore, inquire or
not obvious to a person skilled in the art at delve or probe into, research on, study. 2.
the time of the filing date or priority date of To observe or study closely: inquire into sys-
the application claiming the invention. [Sec. tematically: to search or inquire into: to sub-
26, IPC]. In the case, however, of drugs and ject to an official probe; to conduct an official
medicines, there is no inventive step if the inquiry. [Cariño v. CHR, GR 96681. Dec. 2,
invention results from the mere discovery of 1991].
a new form or new property of a known sub-
Investigation. An inquiry, judicial or otherwise,
stance which does not result in the en-
for the discovery and collection of facts con-
hancement of the known efficacy of that
cerning the matter or matters involved. [Anti-
substance. [Sec. 26.2, IPC, as amended by
graft League v. Ortega, GR L-33912. Sep.
RA 9502].
11, 1980].
Inventor. The patentee, heir, or assignee, of
Investment. 1. Equity participation in any en-
an invention letters patent, utility model let-
terprise formed, organized or existing under
ters or industrial design letters patent. [Sec.
the laws of the Phils. [Art. 44, EO 226, July
3, RA 7459].
16, 1987]. 2. A commitment of money or
Inventory. 1. An itemized list of supplies or capital in order to earn a financial return.
property on hand containing designation or
Investment banker. Any person engaged in
description of each specific article with its
the business of underwriting securities is-
valuation. [IRR on Supply & Prop. Mgt., per
sued by other persons, but does not include
Sec. 383, LGC]. 2. A list or schedule or
an investment company, any person who
enumeration in writing, containing, article by
acts as an underwriter in isolated transac-
article, the goods and chattels of a person.
tions, but not as a part of a regular business,
[McCullough v. R. Aenlle & Co., GR 1300,
or any person solely by reason of the fact
Feb. 3, 1904].
that such person is an underwriter for one or
Inverse. Reverse. more investment companies. [Sec. 3, RA
2629].
Inverse condemnation. The action to recover
just compensation from the State or its ex- Investment company. Any issuer which is or
propriating agency. It has the objective to holds itself out as being engaged primarily,
recover the value of property taken in fact by or proposes to engage primarily, in the busi-
the governmental defendant, even though ness of investing, reinvesting, or trading in
no formal exercise of the power of eminent securities. [Sec. 4, RA 2629].
domain has been attempted by the taking
Investment Incentive Policy Act of 1983. BP
agency. [Napocor v. Sangkay, GR 165828,
391 enacted on Apr. 28, 1983. [Expressly
Aug. 24, 2011].
repealed by EO 226 on July 16, 1987].
Invest. To expend money with the expectation
Investments Promotion Act for Less Devel-
of achieving a profit or material result by put-
oped Areas. BP 44 entitled ―An Act to pro-
mote investments in less developed areas‖

521
enacted on Nov. 26, 1979. [Expressly re- Involuntary disappearance. The arrest, de-
pealed by EO 226 on July 16, 1987]. tention, abduction or any other form of dep-
rivation of liberty by agents of the State or
Investor securities or Investor shares.
by persons or groups of persons acting with
Shares of stock issued by a REIT or
the authorization, support or acquiescence
derivatives thereof. [Sec. 3, RA 9856].
of the State, followed by a refusal to
Investor. The owner of investor securities or acknowledge the deprivation of liberty or by
investor shares. [Sec. 3, RA 9856]. concealment of the fate or whereabouts of
the disappeared person, which place such a
Investors and Invention Incentives Act of
person outside the protection of the law.
the Philippines. RA 7459 entitled ―An Act See Enforced or involuntary disappear-
providing incentives to Filipino investors and ance.
expanding the functions of the technology
application and promotion institute, appro- Involuntary dealings with registered land.
priating funds therefor, and for other pur- Transactions affecting land in which the co-
poses‖ enacted on Apr. 28, 1992. operation of the registered owner is not
needed; it may even be against his will.
In-vitro diagnostic reagents. Reagents and
systems intended for use in the diagnosis of Involuntary dissolution. The dissolution of a
disease or other conditions, incl. a determi- corp. by the SEC upon filing of a verified
nation of the state of health, in order to cure, complaint and after proper notice and hear-
mitigate, treat or prevent disease or its se- ing on the grounds provided by existing
quelae. [Sec. 9, RA 9711]. laws, rules and regulations. [Sec. 121, Corp.
Code].
In-vitro fertilization (IVF). A procedure in
which eggs (ova) from a woman's ovary are Involuntary entrance. The right of any foreign
removed. They are fertilized with sperm in a merchant vessel to enter the territorial wa-
laboratory procedure, and then the fertilized ters of a state in case of emergency such as
egg (embryo) is returned to the woman's lack of provisions, unseaworthiness of the
uterus. vessel, inclement weather, pursuit of pirates
or other force majeure. See Arrival under
Invoice. 1. A detailed statement of the nature, stress. Compare with Innocent passage.
quantity and cost of the thing sold and has
been considered not a bill of sale. [Norkis Involuntary proceedings. Proceedings initi-
Distributors, Inc. v. CA, GR 91029. Feb. 7, ated by creditors. [Sec. 4, RA 10142].
1991]. 2. A list of the items sought to be
Involuntary servitude. 1. A condition of en-
purchased and their prices. [Ramos v. CA,
forced and compulsory service induced by
GR L-39922-25. Aug. 21, 1987].
means of any scheme, plan or pattern, in-
Involuntarily committed child. A child whose tended to cause a person to believe that if
parent(s), known or unknown, has been he or she did not enter into or continue in
permanently and judicially deprived of pa- such condition, he or she or another person
rental authority due to abandonment; sub- would suffer serious harm or other forms of
stantial, continuous, or repeated neglect; abuse or physical restraint, or threat of
abuse; or incompetence to discharge paren- abuse or harm, or coercion incl. depriving
tal responsibilities. [Sec. 3, RA 8552]. Com- access to travel documents and withholding
pare with Voluntarily committed child. salaries, or the abuse or threatened abuse
of the legal process. [Sec. 3, RA 10364]. 2.
Involuntary. 1. Done without conscious con-
A condition of enforced, compulsory service
trol. 2. Concerned in bodily processes that of one to another. [Rubi v. Prov. Board of
are not under the control of the will. Mindoro, GR L-14078 Mar. 7, 1919]. 3. The
condition of one who is compelled by force,

522
coercion, or imprisonment, and against his IRA. See Internal Revenue Allotment.
will, to labor for another, whether he is paid
Iridodialysis. The separation or loosening of
or not. [Aclaracion v. Gatmaitan, GR L-
the iris from its attachment. [Aguja v. GSIS,
39115. May 26, 1975].
GR 84846. Aug. 5, 1991].
Involuntary statement. A statement of the
Iron curtain. Succ. Barrier.
accused who was not assisted by counsel
which is deemed, in contemplation of law, to Iron curtain rule. Succ. 1. The rule that an
be involuntary, even if it were otherwise vol- illegitimate child has no right to inherit ab in-
untary, technically. testato from the legitimate children and rela-
tives of his father or mother; nor shall such
Involuntary trust. See Constructive trust.
children or relatives inherit in the same
Iodine deficiency disorder. A broad spectrum manner from the illegitimate child. [Art. 992,
of deficiencies resulting from lack of iodine CC]. 2. The rule enunciated under Art. 992
in the diet which leads to the reduction of in- of the Civ. Code that provides a barrier or
tellectual and physical capacity affecting iron curtain in that it prohibits absolutely a
everyone who is iodine-deficiency and may succession ab intestato bet. the illegitimate
manifest as goiter, mental retardation, phys- child and the legitimate children and rela-
ical and mental defects, and cretinism. [Sec. tives of the father or mother of said illegiti-
4, RA 8172]. mate child. They may have a natural tie of
blood, but this is not recognized by law for
IP Code. RA 8293 also known as the Intellec-
the purpose of Art. 992. Bet. the legitimate
tual Property Code of the Phils. [Sec. 3, RA
family and the illegitimate family there is
9239].
presumed to be an intervening antagonism
Ipinagbili. Tag. Sold. and incompatibility. The illegitimate child is
disgracefully looked down upon by the legit-
IPO. See Intellectual Propert Office. imate family; and the family is in turn, hated
IPP. See Independent Power Producer. by the illegitimate child; the latter considers
the privileged condition of the former, and
IPRA. See Indigenous Peoples Rights Act the resources of which it is thereby de-
of 1997. prived; the former, in turn, sees in the illegit-
Ipse dixit. Lat. He himself said it. It refers to imate child nothing but the product of sin,
an unsupported statement that rests solely palpable evidence of a blemish broken in
on the authority of the individual asserting life; the law does no more than recognize
the statement. [UP v. Dizon, GR 171182, this truth, by avoiding further ground of re-
Aug. 23, 2012]. Also known as the Bare as- sentment. [Diaz v. IAC, GR 66574. Feb. 21,
sertion fallacy. 1990]. Also known as Rule of barrier bet.
the legitimate family and the illegitimate
Ipsissima verba. Lat. The very words of a family. See also Rule of barrier bet. the
speaker. [Used in Moroño v. Lomeda, AM legitimate family and illegitimate.
MTJ 90-400-1995 July 14, 1995].
IRR. Implementing Rules and Regulations.
Ipso facto. Lat. By the fact itself; by the mere
fact. [Angara v. Gorospe, GR L-9230. Apr. Irrefragable. Impossible to refute or contro-
22, 1957]. vert; indisputable, [as in] irrefragable evi-
dence.
Ipso jure. Lat. By the operation of the law. It is
used to describe a situation in which an au- Irrefragably. In an irrefragable state or condi-
tomatic change of the legal situation takes tion.
place as a consequence of some other ac- Irregular execution. As a rule, the failure of
tion. the writ to conform to the decree of the deci-

523
sion executed. [Canlas v. CA, GR L-77691. by which their amount can be measured
Aug. 8, 1988]. with reasonable accuracy, that is, it is not
susceptible of mathematical computation.
Irregular indorsement. Nego. Inst. An in-
[Phil. Virginia Tobacco v. De los Angeles,
dorsement under which a person who, not
GR L-27829 Aug. 19, 1988]. An injury which
otherwise a party to an instrument, places
cannot be adequately compensated in dam-
thereon his signature in blank before deliv-
ages due to the nature of the injury itself or
ery [Sec. 64, NIL].
the nature of the right or property injured or
Irregular indorser. Nego. Inst. A person who, when there exists no certain pecuniary
not otherwise a party to an instrument, plac- standard for the measurement of damages.
es thereon his signature in blank before de- [PAL v. NLRC, GR 120567. Mar. 20, 1998].
livery [Sec. 64, NIL] to add credit thereto.
Irresistible. Too attractive and tempting or too
While a general indorser signs for valuable
powerful and convincing to be resisted.
consideration, an irregular indorser signs for
accommodation. Irresistible force. One that must produce
such an effect upon the individual that, in
Irregularities in the performance of duties.
spite of all resistance, it reduces him to a
The improper performance of some act
mere instrument and, as such, incapable of
which might lawfully be done. [Sec. 8, PD
committing a crime. [People v. Fernando,
971].
GR L-24781. May 29, 1970].
Irrelevant. In pleadings and in objections to
Irresistible impulse rule. The rule which pro-
questions and manifestations, the term con-
vides that ―a person is considered insane
veys the idea that the matter objected to is
when mental disease has rendered him in-
not directly connected with, related to, nor in
capable of restraining himself although he
any manner having any bearing to the issue
understands what he is doing and knows it
involved.
is wrong. [Olarte, Legal Med., 1st Ed. (2004),
Irrelevant evidence. Evidence which has no p. 153].
probative value. [Francisco, Evidence, Vol.
Irresistible impulse test. The test under
VII, Part 1, 1997 Ed., p. 7]. Compare with
which a person acts under an irresistible im-
Relevant evidence.
pulse when, by reason of duress or mental
Irrelevant requirement. Any document or disease, he has lost the power to choose
performance of an act not directly material bet. right and wrong, to avoid the act in
to the resolution of the issues raised in the question, his free agency being at the time
request or needed in the application submit- destroyed. [People v. Dungo, GR 89420. Ju-
ted by the client. [Sec. 4, RA 9485]. ly 31, 1991]. Compare with Delusion im-
pulse test and Right and wrong test.
Irreparable. Impossible to rectify or repair.
Irretrospectivity. See Prospectivity.
Irreparable damages. Within the meaning of
the rule relative to the issuance of injunction, Irrevocability rule. [The rule that] once the
such damages where there is no standard option to carry-over and apply the excess
by which their amount can be measured quarterly income tax against income tax due
with reasonable accuracy. [Social Security for the taxable quarters of the succeeding
Commission v. Bayona, GR L-13555 May taxable years has been made, such option
30, 1962]. shall be considered irrevocable for that
taxable period and no application for tax
Irreparable injury. An injury of such constant
refund or issuance of a tax credit certificate
and frequent recurrence that no fair and shall be allowed therefor. [based on Sec. 76,
reasonable redress can be had therefor in a NIRC of 1997].
court of law, or where there is no standard

524
Irrevocable. Not able to be changed, re- Irrigated lands. 1. Lands serviced by natural
versed, or recovered; final. irrigation or irrigation facilities. These include
lands where water is not readily available as
Irrevocable beneficiary. The person desig-
existing irrigation facilities need rehabilita-
nated to receive the proceeds of the policy
tion or upgrading or where irrigation water is
in the event of death of the Insured. [Tiopi-
not available year-round. [Sec. 4, RA 8435].
anco, Commentaries & Jurisp. on the Ins.
2. Agricultural lands which are supported by
irrigation services. [Sec. 4, RA 7607].
Irrevocable credit. The duration of the letter
Irrigation. Supplying dry land with water by
of credit. What it simply means is that the is-
means of ditches etc.
suing bank may not without the consent of
the beneficiary (seller) and the applicant Irrigation district. A public quasi corp., orga-
(buyer) revoke his undertaking under the let- nized, however, to conduct a business for
ter. The issuing bank does not reserve the the private benefit of the owners of land
right to revoke the credit. [Feati Bank & within its limits. They are members of the
Trust Co. v. CA, GR 94209. Apr. 30, 1991]. corp., control its affairs, and alone are bene-
Compare with Confirmed letter of credit. fited by its operations. It is, in the admin-
istration of its business, the owner of its sys-
Irrevocable letter of credit (ILOC). One that
tem in a proprietary rather than a public ca-
constitutes a definite undertaking of the is-
pacity, and must assume and bear the bur-
suing bank, provided that the stipulated
dens of proprietary ownership. [Fontanilla v.
documents are presented and that the terms
Maliaman, GR 55963 & 61045. Feb. 27,
and conditions of the credit are complied
1991].
with: i. if the credit provides for sight pay-
ment - to pay, or that payment will be made; Irrigation system. A system of irrigation facili-
ii. if the credit provides for deferred payment ties covering contiguous areas. [Sec. 4, RA
- to pay, or that payment will be made, on 8435].
the date(s) determinable in accordance with
Irrigators' association (IA). An assoc. of
the stipulations of the credit; iii. if the credit
farmers within a contiguous area served by
provides for acceptance - to accept drafts
a Natl. Irrigation System or Communal Irri-
drawn by the beneficiary if the credit stipu-
gation System. [Sec. 4, RA 8435].
lates that they are to be drawn on the issu-
ing bank, or to be responsible for their ac- Irritant. Any substance not corrosive which, on
ceptance and payment at maturity if the immediate, prolonged or repeated contact
credit stipulates that they are to be drawn on with normal living tissue will induce a local
the applicant for the credit or any other inflammatory reaction. [Art. 4, RA 7394].
drawee stipulated in the credit; iv. if the
credit provides for negotiation - to pay with- Irrumation. The act of thrusting of the penis
out recourse to drawers and/or bona fide bet. the legs, breasts, feet, upper thighs [al-
holders, draft(s) drawn by the beneficiary, at so known as Interfemoral sex], mouth and
throat, or bet. the abdomens of 2 partners.
sight or at a tenor, on the applicant for the
credit or on any other drawee stipulated in See Fellatio.
the credit other than the issuing bank itself, Isang dipa. Tag. One arm's length. [People v.
or to provide for negotiation by another bank Bustos, GR 35475. Mar. 16, 1989].
and to pay, as above, if such negotiation is
not effected. [Bank of America v. CA, GR Isip-bata. Tag. One who thinks like a child
105395. Dec. 10, 1993]. despite his age. [People v. Antonio, GR
107950. June 17, 1994].
Irrigable lands. Lands which display marked
characteristics justifying the operation of an Islamic banking business. A banking busi-
irrigation system. [Sec. 4, RA 8435]. ness whose aims and operations do not in-

525
volve interest [Riba] which is prohibited by committed by any public officer or employee
the Islamic Shari'a principles. [Sec. 44, RA who shall issue a tax declaration on real
6848]. property without a certification from the Dir.
of Forest Devt. and the Dir. of Lands or their
Islam. 1. The religion of the Muslims, a mono-
duly designated representatives that the ar-
theistic faith regarded as revealed through
ea declared for taxation is alienable and
Muhammad as the Prophet of Allah. 2. The
disposable lands, unless the property is ti-
Muslim world.
tled or has been occupied and possessed
Islamic. Muslim: of or relating to or supporting by members of the natl. cultural minorities
Islamism. prior to July 4, 1955. [Sec. 75, PD 705].
Islamic banks. Banks whose business deal- Issue. 1. The disputed point in a disagreement
ings and activities are subject to the basic bet. parties in a lawsuit. 2. To send out offi-
principles and rulings of Islamic Shari‘a, cially, as in ‗to issue an order.‖ 3. Nego. Inst.
such as the Al Amanah Islamic Investment The 1st delivery of the instrument, complete
Bank of the Phils. which was created by RA in form, to a person who takes it as a holder.
6848. [Sec. 191, NIL].
Islamic law. The law acc. to the Muslim faith Issue preclusion. A common law estoppel
and as interpreted from the Koran. Islamic doctrine that prevents a person from reliti-
law is probably best known for deterrent gating an issue. See Preclusion of issues.
punishment, which is the basis of the Islamic
Issue slip. The document used as evidence in
criminal system and the fact that there is no
the transfer of non-consumable supplies or
separation of church and state. Under Islam-
property from the general services officer,
ic law, the religion of Islam and the govt. are
municipal or barangay treasurer, as the
one. Islamic law is controlled, ruled and reg-
case may be, to a department head for is-
ulated by the Islamic religion.
suance to the end-user. [IRR on Supply &
Isolated. 1. Far away from other places, build- Prop. Mgt., per Sec. 383, LGC].
ings, or people; remote. 2. Having minimal
Issued capital stock. The total amount of a
contact or little in common with others.
company's stock, both common and pre-
Isolated distribution system. The low or high ferred, that has been issued and represents
voltage backbone system of wires and as- the total capitalized value of the company.
sociated facilities not directly connected to See Outstanding capital stock.
the natl. transmission system. [Sec. 4, RA
Issuer. 1. The originator, maker, obligor, or
9136].
creator of the security. [Sec. 3, SRC]. 2.
Isolated transaction. A transaction or series Every person who issues or proposes to is-
of transactions set apart from the common sue any security, or has outstanding any se-
business of a foreign enterprise in the sense curity which it has issued. [Sec. 3, RA 2629].
that there is no intention to engage in a pro-
Issues or Assignment of Errors. Rem. Law.
gressive pursuit of the purpose and object of
An essential part of a good decision which
the business org. [Eriks Pte. Ltd. v. CA, GR
states both factual and legal issues. On ap-
118843. Feb. 6, 1997].
peal, the assignment of errors, as men-
Isolated transactions doctrine. See Doc- tioned in the appellant‘s brief, may be repro-
trine of isolated transactions. duced in toto and tackled seriatim, so as to
avoid motions for reconsideration of the final
ISP. See Internet Service Provider.
decision on the ground that the court failed
Issuance of tax declaration on real property to consider all assigned errors that could af-
without proper certification. The offense fect the outcome of the case. But when the
appellant presents repetitive issues or when

526
the assigned errors do not strike at the main IVF. See In vitro fertilization.
issue, these may be restated in clearer and
Iyot ni inam. Ilok. The 1st word refers to the
more coherent terms. [Velarde v. Social Jus-
actual sexual act and the rest refer to moth-
tice Society, GR 159357, Apr. 28, 2004].
er. Combined the term would be more de-
Issuing bank. A bank that offers card assoc. rogatory than the Tagalog expression "Pu-
branded payment cards directly to consum- tang-ina mo." [People v. Rapanut, GR
ers. See Opening bank. 106817. Oct. 24, 1996].
IT. See information technology.
Ita semper fiat relatio ut valeat dispositio.
Lat. The interpretation must always be such
that the disposition may prevail. [Maddumba
v. GSIS, GR 61293. Feb. 15, 1990].
Item. In budgetary legislation and practice, the
particulars, the details, the distinct and sev-
erable parts of the bill. An indivisible sum of
money dedicated to a stated purpose. [Gon-
zales v. Macaraig, Jr., GR 87636. Nov. 19,
1990].
Item (of an appropriation bill). An item which
in itself is a specific appropriation of money,
not some general provision of law, which
happens to be put into an appropriation bill.
[Bengzon v. Sec. of Justice, 299 US 410-
416].
Item of appropriation. An indivisible sum of
money dedicated to a stated purpose. [Gon-
zales v. Macaraig, Jr. GR 87636, Nov. 19,
1990].
Itemized positions. Approved positions in the
regular personnel plantilla of all agencies of
the natl. govt.
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].
Ius (or Jus). Lat. Law, justice, or right.
Ius commune. Lat. Common law. General law
that applies where statute does not. It usu.
applies in both jurisdictions so that a ques-
tion of conflict does not apply. It is also a
common source of law used in arbitration
proceedings.
Ius gentium. Lat. The law of nations, referring
to Intl. Law.

527
Jewelry Industry Development Act of 1998.
-J- RA 8502 entitled ―An Act to promote the de-
velopment of the jewelry manufacturing in-
JAR. See Judicial Affidavit Rule.
dustry, providing incentives therefor and for
Jaundice. A morbid condition characterized by other purposes‖ enacted on Feb. 13, 1998.
yellowness of the eyes, skin and urine, con-
Job. All the tasks carried out by a particular
stipation and loss of appetite. [Vda. De
person in the completion of his prescribed
Tumolva v. ECC, GR L-46187. Jan. 16,
duties. [Sec. 1, Rule 1, Book 2, IRR of LC].
1986].
Job contracting or Subcontracting. Labor.
JBC. See Judicial and Bar Council.
An arrangement whereby a principal agrees
JD. Abbrev. for Juris Doctor or Doctor of to put out or farm out to a contractor or sub-
Jurisprudence. contractor the performance or completion of
a specific job, work or service within a defi-
JDF. See Judiciary Development Fund. nite or predetermined period, regardless of
Jeep or Jeepneys or Jeepney substitutes. whether such job, work or service is to be
Phil. jeep or jeepneys which are of the jitney performed or completed within or outside
type locally designed and manufactured the premises of the principal. [Sasan, Sr. v.
generally from surplus parts and compo- NLRC, GR 176240, Oct. 17, 2008].
nents. It shall also include jeepney substi- Job contracting. Labor. Elements: (a) The
tutes that are manufactured from brand-new contractor carries on an independent busi-
single cab chassis or cowl chassis and lo- ness and undertakes the contract work on
cally customized rear body that has continu- his own account under his own responsibility
ous sideway row seats with open rear door
acc. to his own manner and method, free
and without retractable glass windows. [RA from the control and direction of his employ-
9224]. er or principal in all matters connected with
Jeopardize. To put someone or something the performance of the work except as to
into a situation in which there is a danger of the results thereof; and (b) the contractor
loss, harm, or failure. has substantial capital or investment in the
form of tools, equipment, machineries, work
Jeopardy. Crim. Law. The peril in which an premises, and other materials which are
accused is placed when put on trial before a necessary in the conduct of his business.
court of competent jurisdiction upon an in- [Sec. 8, Rule VIII, LC]. Compare with Labor-
dictment or information which is sufficient in only contracting.
form and substance to sustain a conviction.
[People v. Vergara, GR 101557-58. Apr. 28, Job-sharing. Labor. An arrangement where 2
1993]. or more employees share one job. This ar-
rangement is sometimes resorted to as an
Jettison. 1. The act of throwing overboard part alternative to cutting down on workforce.
of a vessel‘s cargo or hull in hopes of saving
a ship from sinking. 2. The throwing over- John Doe. A defendant whose identity or
board of cargo or an attempt to lighten and name is unknown.
refloat the vessel which has stranded. [Ti- Joinder of causes of action. The assertion
opianco, Commentaries and Jurisp. on the by a party, in one pleading, in the alternative
Ins. Code of the Phil., 1999 Ed., p. 109]. or otherwise, as many causes of action as
Jewelry. Personal ornaments, such as neck- he may have against an opposing party.
laces, rings, or bracelets, that are typically [Sec. 5, Rule 2, RoC].
made from or contain jewels and precious Joinder of causes of action. Conditions: (a)
metal. The party joining the causes of action shall

528
comply with the rules on joinder of parties; Joint and several. In obligation, the term
(b) The joinder shall not include special civil means solidary where each one of the debt-
actions or actions governed by special rules; ors may be held liable for the entire obliga-
(c) Where the causes of action are bet. the tion. [Torres, Oblig. & Cont., 2000 Ed., p.
same parties but pertain to different venues 351].
or jurisdictions, the joinder may be allowed
Joint and several judgment. A judgment
in the RTC provided one of the causes of
which imposes a joint and several obliga-
action falls within the jurisdiction of said
tion.
court and the venue lies therein; and (d)
Where the claims in all the causes of action Joint and several liability. 1. A legal doctrine
are principally for recovery of money, the that makes each of the parties who are re-
aggregate amount claimed shall be the test sponsible for an injury, liable for all the
of jurisdiction. damages awarded in a lawsuit if the other
parties responsible cannot pay. [Gacayan v.
Joinder of causes of action. Requisites: (a) It
Leaño, GR L-33754. Mar. 28, 1983]. 2. The
will not violate the rules on jurisdiction, ven-
obligation assumed by several persons
ue and joinder of parties, and (b) the causes
where each of the debtors is answerable for
of action arise out of the same contract,
the whole obligation with the right to seek
transaction or relation bet. the parties, or are
contribution from his co-debtors. [Phil. Intl.
for demands for money or are of the same
Surety v. Gonzales, GR L-15868. Oct. 31,
nature and character. [Rep. v. Hernandez,
1961]. 3. Liability of more than one person
GR 117209. Feb. 9, 1996].
for which each person may be sued for the
Joint account. A transaction of merchants entire amount of damages done by all.
where other merchants agree to contribute
Joint and several note. One in which the
the amount of capital agreed upon, and par-
makers bind themselves both jointly and in-
ticipating in the favorable or unfavorable re-
dividually to the payee so that all may be
sults thereof in the proportion they may de-
sued together for its enforcement, or the
termine. [Suggested Answer of the UP Law
creditor may select one or more as the ob-
Center for the 2000 Bar].
ject of the suit. [Rep. Planters Bank v. CA,
Joint account partnership. A business ar- GR 93073. Dec. 21, 1992].
rangement whereby 2 or more persons in-
Joint and several obligation. In common law,
terest themselves in the business of another
the term corresponds to a civil law solidary
making contributions thereto, and participat-
obligation; that is, one of several debtors
ing in the results of the business. [Miravite,
bound in such wise that each is liable for the
Bar Review Materials in Comm. Law, 12th
entire amount, and not merely for his pro-
Ed., (2002), p. 14].
portionate share. [Rep. Planters Bank v. CA,
Joint account partnership. Features: (a) GR 93073. Dec. 21, 1992]. See also Soli-
Only one member is ostensible; the others dary obligation.
are silent; (b) no common name; (c) only the
Joint and solidary signature. A common
ostensible partner can sue or be sued; (d)
banking practice requiring as an additional
no common fund. [Miravite, Bar Review Ma-
security for a loan granted to a corp. the
terials in Comm. Law, 12th Ed., (2002), p.
joint and solidary signature of a major
14].
stockholder or corporate officer of the bor-
Joint adoption by the spouses. Exceptions: rowing corp. [Security Bank v. Cuenca, GR
(a) When one spouse seeks to adopt his 138544, Oct. 3, 2000].
own illegitimate child; or (b) when one
Joint custody. A child custody decision which
spouse seeks to adopt the legitimate child of
means that both parents shall share joint le-
the other. [Art. 185, FC].
gal custody and joint physical custody.

529
Joint debtor. One who is an indispensable owner becomes sole owner of the property.
party with respect to his own share and a Tenancy by the entirety is a special form of
necessary party with respect to the share of joint tenancy bet. a husband and wife.
others. Compare with Solidary co-debtors.
Joint tort feasors. All the persons who com-
Joint indorsement. Nego. Inst. 1. An in- mand, instigate, promote, encourage, ad-
dorsement payable to 2 or more payees or vise, countenance, cooperate in, aid or abet
indorsees. [Sec. 41, NIL]. 2. One made the commission of a tort, or who approve of
payable to 2 or more persons who are not it after it is done, if done for their benefit.
partners [Sec. 41, NIL] all of whom must in- They are each liable as principals, to the
dorse unless the one indorsing has authority same extent and in the same manner as if
to indorse for the others. they had performed the wrongful act them-
selves. [Lafarge Cement Phils., Inc. v. Con-
Joint judgment. A judgment which imposes a
tinental Cement Corp., GR 155173, Nov. 23,
joint obligation.
2004].
Joint liability. Where the joint obligor has the
Joint trial. A trial where the offenses charged
right to insist that the co-obligor be joined as
are similar, related, or connected, or are of
a co-defendant, and that the co-obligor be
the same or similar character or class, or in-
sued jointly. In other words, where 2 or more
volve or arose out of the same or related or
parties share liabilities.
connected acts, occurrences, transactions,
Joint obligation. 1. [An obligation in which] series of events, or chain of circumstances,
each obligor answers only for a part of the or are based on acts or transactions consti-
whole liability and to each obligee belongs tuting parts of a common scheme or plan, or
only a part of the correlative rights. [Industri- are of the same pattern and committed in
al Mgt. Intl. Devt. Corp. v. NLRC, GR the same manner, or where there is a com-
101723. May 11, 2000]. 2. An obligation in mon element of substantial importance in
which each of the debtors is liable only for a their commission, or where the same, or
proportionate part of the debt, and each much the same, evidence will be competent
creditor is entitled only to a proportionate and admissible or required in their prosecu-
part of the credit. Hence, in this obligation, tion, and if not joined for trial the repetition
each creditor can recover only his share of or reproduction of substantially the same
the obligation, and each debtor can be testimony will be required on each trial.
made to pay only his part. [Quiombing v. [Palanca v. Querubin, GR L-29510-31. Nov.
CA, GR 93010. Aug. 30, 1990]. Compare 29, 1969].
with Solidary obligation.
Joint venture. 1. An assoc. of persons or
Joint Resolution. Legislation similar to a bill companies jointly undertaking some com-
that has the force of law if passed by both mercial enterprise; generally all contribute
houses and signed by the Pres., generally assets and share risks. It requires a com-
used for special circumstances. munity of interest in the performance of the
subject matter, a right to direct and govern
Joint stock company. In common law coun- the policy in connection therewith, and duty,
tries, an unincorporated assoc. of persons which may be altered by agreement to share
whose ownership interests are represented both in profit and losses. [Kilosbayan v.
by transferable shares. The shareholders in Guingona, GR 113375. May 5, 1994]. 2. The
such a company have unlimited personal li-
commitment or agreement by 2 or more
ability. persons to carry out a specific or single
Joint tenancy. A form of legal co-ownership of business enterprise for their mutual benefit,
property [also known as Survivorship]. At for which purpose they combine their funds,
the death of one co-owner, the surviving co-

530
land resources, facilities and services. [Sec. and culminating in large firecracker usu. a
3, RA 7279]. bawang. [Sec. 2, RA 7183].
Joint venture agreement (JVA). An agree- Judge. 1. A public officer lawfully appointed to
ment entered into bet. the Govt. and one or decide litigated questions acc. to law. In its
more contractors in accordance with Sec. most extensive sense, the term includes all
26(c) of RA 7942. officers appointed to decide litigated ques-
tions while acting in that capacity, incl. jus-
Joint will. A single testamentary instrument
tice of the peace, and even jurors, it is said,
which contains the wills of 2 or more per-
who are judges of facts. [People v.
sons, jointly executed by them, either for
Manantan, GR L-14129. July 31, 1962]. 2. A
their reciprocal benefit or for the benefit of a
presiding officer of the court.
3rd person. [Jurado, Comments & Jurisp. on
Succ., 1991 8th Ed., p. 104]. Judge de facto. A person who has the reputa-
tion of being the officer he assumes to be
Joint-indivisible obligation. An obligation
and yet is not a good officer in point of law
where it is joint as to the parties but indivisi-
bec. there exists some defect in his ap-
ble as to compliance. [Diaz, Bus. Law Rev.,
pointment or his right to exercise judicial
1991 Ed., p. 25].
functions at the particular time [Luna v. Ro-
Joists. 1. A kind of beam laid horizontally and driguez, GR 12647, Nov. 26, 1917].
serving in buildings to support others or for
Judge-made law. The legal doctrines estab-
bracing and connecting the parts of the
lished by judicial precedents rather than by
structure. [Choco v. Santamaria, GR 6076.
a statute. Also known as Common law or
Dec. 29, 1911]. 2. The horizontal timbers
Case law.
that are placed upon the tops of the up-
rights, that is, what are commonly called Judgment. Rem. Law. 1. The adjudication by
beams, intended to serve for connection and the court that the defendant is guilty or is not
main support of the timbers of the different guilty of the offense charged, and the impo-
floors that separate the stories of the build- sition of the penalty provided for by law on
ing. [Choco v. Santamaria, GR 6076. Dec. the defendant, who pleads or is found guilty
29, 1911]. thereof. [Sec. 1, Rule 120, RoC]. 2. The de-
cision or sentence of the law given by a
Journal. 1. The official record of the acts of a
court or other tribunal as the result of pro-
legislative body. [Tolentino v. Sec. of Fi-
ceedings instituted therein. It is a judicial act
nance, GR 115525. Aug. 25, 1994]. 2. A
which settles the issues, fixes the rights and
book of orig. entry in which the happenings
liabilities of the parties, and determines the
or transactions affecting the business of a
proceeding, and it is regarded as the sen-
taxpayer are recorded consecutively day by
tence of the law pronounced by the court on
day as they occur. [Martin, Commentaries
the action or question before it. [Legarda v.
and Jurisp. on Comml. Laws, Vol. 1, 1988
CA, GR 94457. Oct. 16, 1997]. See also
Rev. Ed., p. 34]. 3. An academic or learned
Summary judgment.
periodical.
Judgment by cognovit actionem. Rem. Law.
Joy ride. Driving for the purpose of enjoyment
The acknowledgment and confession by the
or for a "frolic of one‘s own.‖ [Filamer Chris-
defendant after service, instead of entering
tian Institute v. IAC, GR 75112. Aug. 17,
a plea, that the plaintiff‘s cause of action
1992].
was just and rightful. [Feria and Noche, Civ.
Judah's belt. A string of firecrackers consist- Pro. Annotated, Vol. 1, 2001 Ed., p. 626].
ing of either diablos or small triangulos that Compare with Judgment by confession
can number up to a hundred or thereabout relicta verificatione.

531
Judgment by confession relicta verifica- acts committed by the accused, and the ag-
tione. Rem. Law. The confession by the de- gravating or mitigating circumstances at-
fendant, after pleading and before trial, of tending the commission, if there are any; (b)
the plaintiff‘s cause of action and the with- the participation of the accused in the com-
drawal or abandonment of his plea or other mission of the offense, whether as principal,
allegations, whereupon judgment shall be accomplice or accessory after the fact; (c)
entered against him without proceeding to the penalty imposed upon the accused; and
trial. [Feria and Noche, Civ. Pro. Annotated, (d) the civil liability or damages caused by
Vol. 1, 2001 Ed., p. 626]. Compare with the wrongful act to be recovered from the
Judgment by cognovit actionem. accused by the offended party, if there is
any, unless the enforcement of the civil lia-
Judgment by confession. Rem. Law. One
bility by a separate action has been re-
which is rendered against a party upon his
served or waived. [People v. Valeriano, GR
petition or consent. It usu. happens when
103604-05. Sep. 23, 1993].
the defendant appears in court and con-
fesses the right of the plaintiff to judgment or Judgment of nonsuit. Rem. Law. A judgment
files a pleading expressly agreeing to the given against plaintiff when he is unable to
plaintiff's demand. [De Ocampo v. Floren- prove a case, or when he refuses or ne-
ciano GR L-13553 Feb. 23, 1960]. glects to proceed to trial and leaves the is-
sue undetermined. In our jurisdiction, a dec-
Judgment by confession. Rem. Law. Kinds:
laration of nonsuit necessarily involves the
(a) A judgment by cognovit actionem, and
rendition of a final order or judgment which
(b) a judgment by confession relicta verifica-
terminates plaintiff's cause of action or right
tione. [PNB v. Manila Oil Refining & By-
of recovery under his complaint which is
Products Co. Inc., GR L-18103. June 8,
thereby dismissed. [BA Finance Corp. v. Co,
1922]
GR 105751. June 30, 1993].
Judgment by consent. Rem. Law. A judg-
Judgment on plea of limitation of action.
ment based on an agreement and which
Rem. Law. A judgment on the merit bars
may only be rendered when the parties on
plaintiff in a subsequent suit on the same
both sides ask for it.
cause of action.
Judgment debtor. Rem. Law. One who owes
Judgment on the merits. Rem. Law. 1. A
money as a result of a judgment in favor of a
judgment which determines the rights and
creditor. [Gacayan v. Leaño, GR L-33754.
liabilities of the parties based on the dis-
Mar. 28, 1983].
closed facts, irrespective of formal, technical
Judgment for credit. Rem. Law. A judgment or dilatory objections. It is not necessary,
for back rentals, for the purpose of applying however, that there should have been a trial.
the legal rate of interest. If the judgment is general, and not based on
any technical defect or objection, and the
Judgment note. Nego. Inst. A note to which a parties had a full legal opportunity to be
power of attorney is added enabling the
heard on their respective claims and conten-
payee to take judgment against the maker tions, it is on the merits although there was
without the formality of a trial if the note is no actual hearing or arguments on the facts
not paid on its due date. of the case. [Mendiola v. CA, GR 122807.
Judgment of conviction. Crim. Law. A final July 5, 1996]. 2. A judgment which amounts
judgment of guilty in a criminal case and the to a declaration of the law as to the respec-
punishment that is imposed. tive rights and duties of the parties, based
upon the ultimate fact or state of facts dis-
Judgment of conviction. Crim. Law. Requi- closed by the pleadings and evidence, and
sites: The judgment shall state (a) the legal upon which the right of recovery depends,
qualification of the offense constituted by the

532
irrespective of formal, technical or dilatory to the plaintiff's demand. [De Ocampo v.
objection or contentious [Amer. Inter- Florenciano, GR L-13553 Feb. 23, 1960].
Fashion Corp. v. OP, GR 92422. May 23, Compare with Judgment upon compro-
1991]. See Adjudication on the merits. mise.
Judgment on the pleadings. Rem. Law. 1. A Judgment void for lack of jurisdiction. 1. [A
judgment which the court, on motion of the judgment that] can be assailed at anytime,
adverse party, may direct on such party‘s either directly or collaterally. [Trinidad v.
pleading where an answer fails to tender an Yatco, GR L-17288 Mar. 27, 1961]. 2. A
issue, or otherwise admits the material alle- judgment that ―may be said to be a lawless
gations of the adverse party's pleading. thing, which can be treated as an outlaw
However, in actions for declaration of nullity and slain at sight, or ignored wherever and
of marriage or for legal separation the mate- whenever it exhibits its head" [Banco Espa-
rial facts alleged in the complaint shall al- ñol-Filipino v. Palanca GR L-11390 Mar. 26,
ways be proved. [Sec. 1, Rule 34, RoC]. 2. 1918].
A judgment on the facts as pleaded [Narra
Judicial admission. An admission, verbal or
Integrated Corp. v. CA, GR 137915. Nov.
written, made by a party in the course of the
15, 2000], and is based exclusively upon the
proceedings in the same case, not requiring
allegations appearing in the pleadings of the
proof and may be contradicted only by
parties and the accompanying annexes
showing that it was made through palpable
[Sunbanun v. Go, GR 163280, Feb. 2,
mistake or that no such admission was
2010].
made. [Sec. 4, Rule 129, RoC]. Compare
Judgment rendered through negligence. with Extra-judicial admission.
Judicial admissions doctrine. The well-
judge who, by reason of inexcusable negli-
settled doctrine that judicial admissions
gence or ignorance shall render a manifestly
cannot be contradicted by the admitter who
unjust judgment in any case submitted to
is the party himself and binds the person
him for decision. [Art. 205, RPC].
who makes the same, and absent any
Judgment upon a compromise. Rem. Law. showing that this was made thru palpable
1. A judgment embodying a compromise mistake, no amount of rationalization can
agreement entered into by the parties in offset it. [Binarao v. Plus Builders, Inc., GR
which they make reciprocal concessions in 154430, June 16, 2006].
order to terminate a litigation already insti-
Judicial Affidavit. The written sworn state-
tuted. [Art. 2037, CC; United Housing Corp.
ment of a party‘s witness in a question-and-
v. Dayrit, GR 76422 Jan. 22, 1990]. 2. [It] is
answer format [together with the party's
not appealable and is immediately executory
documentary or object evidence, if any]
unless a motion is filed to set aside the
which, in lieu of the direct testimony of the
compromise the ground of fraud, mistake or
witness, shall be filed with the court and
duress. [Delos Reyes v. De Ugarte, GR L-82
served on the adverse party, personally or
Dec. 1, 1945]. 3. [It] has the effect of res ju-
by licensed courier service, not later than 5
dicata. [Binamira v. Ogan-Occena, GR L-
days before pre-trial or preliminary confer-
27777 Mar. 23, 1987]. Compare with
ence or the scheduled hearing with respect
Judgment upon confession.
to motions and incidents.
Judgment upon confession. Rem. Law. A
Judicial Affidavit Rule (JAR). The Rule that
judgment which is rendered against a party
requires the submission of judicial affidavits
upon his petition or consent. It usu. happens
in lieu of direct testimonies of witnesses. It
when the defendant appears in court and
provides that ―when a party [whether plaintiff
confesses the right of the plaintiff to judg-
or defendant] questions his own witness, he
ment or files a pleading expressly agreeing

533
no longer needs to place the witness on the the defendant as against the claim of the
witness stand.‖ As a substitute, the party or plaintiff. [Torres, Oblig. & Cont., 2000 Ed., p.
his lawyer merely submits the written sworn 141].
statement of his witness in a question-and-
Judicial confession. A confession made by
answer format. It also requires each party to
the accused before a court in which the
the case to attach all his documentary evi-
case is pending and in the course of legal
dence to the judicial affidavit, which, in turn,
proceedings therein and, by itself, can sus-
must be submitted at least 5 days before the
tain a conviction. Compare with Extra-
―pre-trial‖ or ―preliminary conference‖ in the
judicial confession.
case.
Judicial confirmation of incomplete or im-
Judicial and Bar Council (JBC). A body cre-
perfect title. The only legal method by
ated under the supervision of the Sup.
which full and absolute title to the land may
Court, composed of the Chief Justice as ex
be granted, to convert the land into a truly
officio Chairman, the Sec. of Justice, and
private land. To secure such judicial title, on-
representatives of the Congress as ex officio
ly the courts can be resorted to. [Meralco v.
Members, a representative of the Integrated
Castro-Bartolome, GR 49623; Rep. v. Vil-
Bar, a professor of law, a retired Member of
lanueva, GR 55289, June 29, 1982].
the Sup. Court, and a representative of the
private sector. It has the principal function of Judicial costs. The statutory allowances to a
recommending appointees to the judiciary. party to an action for his expenses incurred
[Sec. 8, Art. VIII, 1987 Phil. Consti.]. in the action, and having reference only to
the parties and to the amounts paid by
Judicial authority. The courts of justice or
them. [Damasen v. Hernando, GR L-49995.
judges of said courts vested with judicial
Apr. 8, 1981].
power to order the temporary detention or
confinement of a person charged with hav- Judicial decisions. Decisions of the Sup.
ing committed a public offense, that is, ―the Court which apply or interpret the Consti. or
Sup. Court and such inferior courts as may the laws and are part of the legal system of
be established by law." [Sayo v. Chief of Po- the Phils. Though not laws, they are none-
lice, GR L-2128. May 12, 1948]. theless evidence of what the laws mean,
and it is for this reason that they are part of
Judicial authorization. The written order of
the legal system of the Phils. [Columbia Pic-
the authorizing division of the CA to track
tures v. CA, GR 110318. Aug. 28, 1996].
down, tap, listen to, intercept, and record
communications, messages, conversations, Judicial decree. A decree issued and entered
discussions, or spoken or written words of by the Commissioner of Land Registration,
any person suspected of the crime of terror- pursuant to an order of the court rendered
ism or the crime of conspiracy to commit ter- by the court in a registration case has be-
rorism. [Sec. 8, RA 9372]. come final. Also called Decree of Registra-
tion.
Judicial bonds. 1. Surety bonds which are
required in connection with judicial proceed- Judicial decrees. Those decrees which Art.
ings. 2. Those bonds required by laws to be 407 of the Civ. Code authorizes [to be en-
filed by the parties in court proceedings. tered] in the civil registry [such as legal sep-
E.g.: Administrator‘s Bond, Appeal Bond, At- arations, annulments of marriage, declara-
tachment Bond, Guardian‘s Bond, Injunction tions of nullity of marriages, adoptions, natu-
Bond, Receiver‘s Bond, etc. Compare with ralization, loss or recovery of citizenship,
Non-judicial bonds. civil interdiction, judicial determination of fili-
ation and changes of name]. [Silverio v.
Judicial compensation. This takes place
Rep., GR 174689; Oct. 22, 2007].
when the court permits the counterclaim of

534
Judicial deposit or sequestration. It takes the law is and what the legal rights of the
place when an attachment or seizure of parties are, and then undertakes to deter-
property in litigation is ordered. [Art. 2005, mine these questions and adjudicate upon
CC]. the rights of the parties. [Liga ng mga Brgy.
Natl. v. City Mayor of Manila, GR 154599.
Judicial determination of probable cause.
Jan. 21, 2004]. Compare with Quasi-
Rem. Law. One made by the judge to ascer-
judicial function.
tain whether a warrant of arrest should be
issued against the accused. The judge must Judicial hierarchy. Rem. Law. This is an
satisfy himself that based on the evidence ordained sequence of recourse to courts
submitted, there is necessity for placing the vested with concurrent jurisdiction, begin-
accused under custody in order not to frus- ning from the lowest, on to the next highest,
trate the ends of justice. [People v. Castillo, and ultimately to the highest. This hierarchy
GR 171188, June 19, 2009]. Compare with is determinative of the venue of appeals,
Executive determination of probable and is likewise determinative of the proper
cause. forum for petitions for extraordinary writs.
Judicial discretion. The exercise of the Judicial hierarchy principle. Rem. Law. The
judge's individual opinion and the law has principle stating that a higher court will not
wisely provided that its exercise be guided entertain direct resort to it unless the re-
by well-known rules which, while allowing dress cannot be obtained in the appropriate
the judge rational latitude for the operation lower courts.
of his own individual views, prevent them
Judicial inquiry. Requisites: (a) That the
from getting out of control. [Basco v.
question must be raised by the proper party;
Rapatalo, AM RTJ-96-1335. Mar. 5, 1997].
(b) that there must be an actual case or con-
Judicial due process. Requisites: (a) There troversy; (c) that the question must be
must be a court of tribunal clothed with the raised at the earliest possible opportunity;
power to hear and determine the matter be- and, (d) that the decision on the constitu-
fore it; (b) jurisdiction shall have been lawful- tional or legal question must be necessary
ly acquired; (c) the defendant shall have an to the determination of the case itself. [Cruz,
opportunity to be heard; and (d) judgment Phil. Pol. Law, 1991 ed., p. 235; Dumlao v.
shall be rendered upon lawful hearing. Comelec, GR 50245, 22 Jan. 1980]. See al-
[Cruz, Constl. Law, 1998 Ed., p. 108]. Com- so Judicial review, power of.
pare with Administrative due process.
Judicial mistake. A mistake committed by the
Judicial fiat. An order or a decree by a court court in trial.
esp. an arbitrary one. [Used in Canet v. De-
Judicial notice. The cognizance of certain
cena, GR 155344. Jan. 20, 2004].
facts which judges may properly take and
Judicial function. 1. The faculty of receiving act on without proof bec. they already know
evidence and making factual conclusions in them. [People v. Tundag, GR 135695-96.
a controversy which must be accompanied Oct. 12, 2000].
by the authority of applying the law to those
Judicial notice. Requisites: (a) The matter
factual conclusions to the end that the con-
must be one of common and general
troversy may be decided or determined au-
knowledge; (b) it must be well and authorita-
thoritatively, finally and definitively, subject
tively settled and not doubtful or uncertain;
to such appeals or modes of review as may
and (c) it must be known to be within the
be provided by law. [Cariño v. CHR, GR
limits of the jurisdiction of the court. [State
96681. Dec. 2, 1991]. 2. [That function exer-
Prosecutors v. Muro, AM RTJ-92-876. Sep.
cised by] a tribunal, board, or officer is
19, 1994].
where it has the power to determine what

535
Judicial notice, Matters of. Material requi- governed by Art. 283 and 284 [of the Civ.
sites: (a) The matter must be one of com- Code], setting forth the cases in which the
mon and general knowledge; (b) it must be father or mother, respectively, is obliged to
well and authoritatively settled and not recognize a natural child, and Art. 285,
doubtful or uncertain; and (c) it must be providing that generally, the action for
known to be within the limits of the jurisdic- recognition of natural children may be
tion of the court. [Latip v. Chua, GR 177809, brought only during the lifetime of the pre-
Oct. 16, 2009]. sumed parents. [Gapusan-Chua v. CA, GR
46746. Mar. 15, 1990]. Compare with Vol-
Judicial officer. A magistrate. The terms
untary recognition. of natural children.
―magistrate‖ and ―judicial officer‖ have been
used interchangeably. Judicial reconstitution. The proceedings for
the restoration of an instrument which is
Judicial period. The period is fixed by the
supposed to have been lost or destroyed in
courts. [Diaz, Bus. Law Rev., 1991 Ed., p.
its orig. form and condition. [Heirs of de
16].
Guzman Tuazon v. CA, GR 125758. Jan.
Judicial power. The duty of the Courts of 20, 2004].
Justice to settle actual controversies involv-
Judicial reconstitution. Purpose: To have the
ing rights which are legally demandable and
title or any document reproduced, after
enforceable, and to determine whether or
proper proceedings, in the same form they
not there has been a grave abuse of discre-
were when the loss or destruction occurred.
tion amounting to lack or excess of jurisdic-
[Puzon v. Sta. Lucia Realty and Devt., Inc.,
tion on the part of any branch or instrumen-
GR 139518. Mar. 6, 2001].
tality of the govt. [Sec. 1, Par. 2, Art. VII,
1987 Phil. Consti.]. Judicial reconstitution of titles. The follow-
ing must be present for an order for recon-
Judicial process. A writ, warrant, subpoena,
stitution to issue: (a) that the certificate of ti-
or other formal writing issued by authority of
tle had been lost or destroyed; (b) That the
law; also the means of accomplishing an
documents presented by petitioner are suffi-
end, incl. judicial proceedings, or all writs,
cient and proper to warrant reconstitution of
warrants, summonses, and orders of courts
the lost or destroyed certificate of title; (c)
of justice or judicial officers. It is likewise
that the petitioner is the registered owner of
held to include a writ, summons, or order is-
the property or had an interest therein;
sued in a judicial proceeding to acquire ju-
(d) that the certificate of title was in force at
risdiction of a person or his property, to ex-
the time it was lost and destroyed; and (e)
pedite the cause or enforce the judgment, or
that the description, area and boundaries of
a writ, warrant, mandate, or other process
the property are substantially the same as
issuing from a court of justice. [Malaloan v.
those contained in the lost or destroyed cer-
CA, GR 104879 May 6, 1994].
tificate of title. [Rep. v. Tuastumban, GR
Judicial question. A question that is to be 173210, Apr. 24, 2009].
passed upon by courts of justice which are
Judicial records. Records presented to, or
manned by judges who have the necessary
belonging to the Sup. Court incl. all the judi-
skill and competence to resolve it. Thus, an
cial courts and judicial orgs. under its juris-
administrative, quasi-judicial agency is gen-
diction. [Sec. 4, RA 9470].
erally not empowered to adjudicate purely
judicial questions. Judicial review. The authority of a court to
review the official actions of other branches
Judicial recognition of natural children.
of govt. Also, the authority to declare uncon-
Often called Compulsory recognition of
stitutional the actions of other branches.
natural children. Recognition decreed by
final judgment of a competent court. It is

536
Judicial review, Power of. Requisites: (a) Judiciary Reorganization Act of 1980, The.
The existence of an actual and appropriate BP 129 entitled ―An Act reorganizing the ju-
case; (b) a personal and substantial interest diciary, appropriating funds therefor, and for
of the party raising the constitutional ques- other purposes‖ enacted on Aug. 14, 1981.
tion; (c) the exercise of judicial review is
Judicis est jus dicere, non dare. Lat. It is the
pleaded at the earliest opportunity; and (d)
duty of a judge to declare the law, not to
the constitutional question is the lis mota of
make it.
the case. [Dumlao v. Comelec, GR L-52245
Jan. 22, 1980]. See also Judicial inquiry. Judicium non debet esse illusorium; suum
effectum habere debet. Lat. A judgment
Judicial stability doctrine. The doctrine of
ought not to be illusory; it ought to have its
non-interference which has been regarded
proper effect. [PAL v. CA, GR 49188. Jan.
as an elementary principle of higher im-
30, 1990].
portance in the administration of justice that
the judgment of a court of competent juris- Jueteng. An illegal numbers game that in-
diction may not be opened, modified, or va- volves the combination of 37 numbers
cated by any court of concurrent jurisdiction. against 37 numbers from number 1 to 37 or
[Rep. v. Reyes, GR L-30263-5 Oct. 3, 1987]. the combination of 38 numbers in some ar-
eas, serving as a form of local lottery where
Judicial supremacy. 1. The conscious and
bets are placed and accepted per combina-
cautious awareness and acceptance of the
tion, and its variants. [Sec. 2, RA 9287].
Court‘s proper place in the overall scheme
of govt. with the objective of asserting and Jugadores. Sp. Gamblers. [US v. Salaveria,
promoting the supremacy of the Constitu- GR 13678. Nov. 12, 1918].
tion. [Dueñas, Jr. v. HRET, GR 185401, 21
July 2009]. 2. It is never judicial superiority Juicio. Sp. 1. Suit; trial. 2. Sanity; right mind.
[for it is co-equal with the other branches] or Juicio contradictorio. Sp. Adversarial pro-
judicial tyranny (for it is supposed to be the ceedings. Ordinary action. [Martinez v. Mar-
least dangerous branch). [Ibid.]. tinez, GR 445. Mar. 31, 1902].
Judicial supremacy doctrine. 1. The power Jumbo regular and special. A kind of spar-
vested in the judiciary to annul the acts of ei- kler similar to a "fountain" but bigger in size.
ther the legislative or the executive or of [Sec. 2, RA 7183].
both when not conformable to the funda-
mental law. [Assoc. of Small Landowners in Jumper. A piece of metal or an electrical con-
the Phils., Inc. v. Sec. of Agrarian Reform, ductor used to bypass a safety device in an
GR 78742 July 14, 1989]. 2. The power of electrical system. [Sec. 3, PD 1185; Sec. 3,
judicial review under the Consti. [Angara v. RA 9514].
Electoral Comm., GR 45081. July 15, 1936]. Junior. 1. In case of identity of names and
Judiciary. The branch of govt. invested with surnames bet. ascendants and descend-
judicial power to interpret and apply the law; ants, [this word] can be used only by a
the court system; the body of judges; the son. [Art. 375, CC]. 2. Younger. Lower in
bench. rank, tenure, preference, or position.
Judiciary Development Fund (JDF). Created Junior encumbrancer. A lien or mortgage

by PD 1949, a fund sourced from legal fees holder who is subordinate to a prior holder
to augment the allowances of the members or encumbrancer. Compare with Senior en-
and personnel of the judiciary and to finance cumbrancer.
the acquisition, maintenance, and repair of Junior lien. Lien which is subordinate to prior
office equipment and facilities. lien. Compare with Senior lien.

537
Junior mortgage. A mortgage which is subor- Juridical. Of or relating to judicial proceedings
dinate to another mortgage, called the priori- and the administration of the law.
ty or prior mortgage. Compare with Senior
Juridical accumulation system. [The system
mortgage.
of penalty where] the service of the several
Jura regalia. Lat. Rights which belong to the penalties imposed on one and the same
Crown or to the Govt. 1. A concept which culprit is limited to not more than 3-fold the
"embodied the universal feudal theory that length of time corresponding to the most se-
all lands were held from the Crown." [Lee vere and in no case to exceed 40 years.
Hong Hok v. David, GR L-30389, Dec. 27, Compare with Material accumulation sys-
1972]. 2. The concept that all natural re- tem and Absorption system.
sources are owned by the State. [Miners
Juridical antecedence. Fam. Law. [The psy-
Assoc. of the Phil. V. Factoran, GR 98332.
chological incapacity as a ground to annul a
Jan. 16, 1995]. See Regalian doctrine.
marriage] must be rooted in the history of
Jurat. Lat. To swear. 1. An act in which an the party antedating the marriage, although
individual on a single occasion: (a) appears the overt manifestations may emerge only
in person before the notary public and pre- after the marriage. [Dimayuga-Laurena v.
sents an instrument or document; (b) is per- CA, GR 159220, 22 Sep. 2008]. See also
sonally known to the notary public or identi- Gravity and Incurability.
fied by the notary public through competent
Juridical capacity. The fitness to be the sub-
evidence of identity as defined by the Rules;
ject of legal relations. [Art. 37, CC]. Com-
(c) signs the instrument or document in the
pare with Capacity to act.
presence of the notary; and (d) takes an
oath or affirmation before the notary public Juridical or Legal tie. The vinculum or the link
as to such instrument or document. [Sec. 6, which binds the parties to an obligation.
Rule II, AM 02-8-13-SC]. 2. The clause writ- [Torres, Oblig. & Cont., 2000 Ed., p. 24].
ten at the foot of an affidavit or sworn decla-
ration showing when, where, and before Juridical persons. The following are juridical
whom the affidavit was sworn. [Peña, Legal persons: (a) The State and its political sub-
Forms for Conveyancing, 4th Ed. 1994, p. divisions; (b) other corps., institutions and
39]. entities for public interest or purpose, creat-
ed by law; their personality begins as soon
Jure. Lat. From Roman law: by right, under as they have been constituted acc. to law;
legal authority or by the authority of the law. and (c) corps., partnerships and assocs. for
A variation, juris means ―of right" or "of the private interest or purpose to which the law
law." grants a juridical personality, separate and
distinct from that of each shareholder, part-
Jure gestionis. Lat. 1. Private act or acts. 2. A
ner or member. [Art. 44, CC].
state‘s private, commercial and proprietary
acts which are not immune from suit. [USA Juris. Lat. The genitive form of Jus meaning
v. Ruiz, GR L-35645 May 22, 1985]. "law".
Jure imperii. Lat. 1. Public acts or acts. 2. The Juris doctor (J.D.) or Doctor of Jurispru-
sovereign and govt. acts which is covered dence. The degree commonly conferred by
by the principle of state immunity from suit. law schools.
[USA v. Ruiz, GR L-35645, May 22, 1985].
Juris et de jure. Lat. Of right and from law.
Jure naturae acquum est neminem cum Conclusive. [Pakistan Intl. Airlines v. Ople,
alterius detrimento et injuria fieri GR 61594. Sep. 28, 1990].
locupletiorem. Lat. No one shall enrich
himself at the expense of another.

538
Juris tantum. Lat. Disputable. [Farolan v. Jurisdiction over the subject-matter. The
Solmac Marketing Corp., GR 83589. Mar. power to hear and determine cases of the
13, 1991]. general class to which the proceedings in
question belong. [Reyes v. Diaz, GR 48754.
Jurisdiction. From Lat. Jus dicere. The ―right
Nov. 26, 1941].
to speak.‖ 1. The power and authority to
hear, try, and decide a case; it does not de- Jurisdiction, Exercise of. The decision of all
pend on the regularity of the exercise of that other questions arising in the case where
power. [Herrera v. Barreto, GR 8692 Sep. there is jurisdiction of the person and sub-
10, 1913]. 2. The geographic area in which ject matter. [Herrera v. Baretto, GR 8692.
a court has power or the types of cases it Sep. 10, 1913].
has power to hear. 3. Intl. Law. The right of
Jurisdictional facts. Those facts which would
a State to exercise authority over persons
give the court jurisdiction over the proceed-
and things within its boundaries subject to
ings, such as residence of the minor or in-
certain exceptions. Thus, a State does not
competent, or the location of his property, or
assume jurisdiction over traveling sover-
the residence of the person desiring to
eigns, ambassadors and diplomatic repre-
adopt.
sentatives of other States, and foreign mili-
tary units stationed in or marching through Jurisprudence. 1. Science of law. Case law,
State territory with the permission of the lat- or the legal decisions which have developed
ter's authorities. [Hongkong & Shanghai and which accompany statutes in applying
Banking Corp. v. Sherman, GR 72494. Aug. the law against situations of fact. 2. The
11, 1989]. Compare with Venue. study of law and the structure of the legal
system.
Jurisdiction over the person of the defend-
ant. Jurisdiction acquired (by the court) Jurisprudence constante. In civil law, a set-
through the following means: voluntary ap- tled, fixed or invariable principle of law.
pearance; personal or substituted service of
summons. [Paras, Phil. Conflict of Laws, 8th Jury. A certain number of men and women
Ed. (1996), p. 28]. selected acc. to law and sworn to try a ques-
tion of fact or indict a person for public of-
Jurisdiction over the person of the plaintiff. fense.
Jurisdiction acquired (by the court) from the
Jus. Lat. Word which, in Roman law, means
moment he (the plaintiff) institutes the action
by the proper pleading. [Paras, Phil. Conflict the law or a right. Also spelled Jus in some
of Laws, 8th Ed. (1996), p. 27]. English translations.
Jus abutendi. Lat. The right to consume the
Jurisdiction over the person. The power of a
court to render judgment that will be binding thing by its use. [Distelleria Washington, Inc.
on the parties involved, the plaintiff and the v. La Tondeña Distillers, Inc., GR 120961,
defendant. [Paras, Phil. Conflict of Laws, 8th Oct. 2, 1997].
Ed. (1996), p. 27]. Jus ad bellum. Lat. The right to initiate war.
The rights of states to start wars.
Jurisdiction over the res or thing. Jurisdic-
tion over the particular subject matter in con- Jus ad rem. Lat. A real right.
troversy, regardless of the persons who may
be interested thereon. Said jurisdiction may, Jus alienis rebus utendi fruendi salva re-
for instance, be acquired by coercive sei- rum substantia. Lat. The right to enjoy the
zure of the property by attachment proceed- property of another with the obligation of
ings. [Paras, Phil. Conflict of Laws, 8th Ed. preserving its form and substance. [Vda. De
(1996), p. 29]. Barreto v. Mapa, GR 45475. Nov. 16, 1937].

539
Jus civile. Lat. Civ. Law. The Roman law Romans as well as to dealings bet. Romans
applied to Roman citizens. and non-Romans.
Jus cogens. Lat. Compelling law. Intl. Law. 1. Jus gestionis. Lat. Proprietary rights exer-
Norms that command peremptory authority, cised by the State. [Rep. v. Sandiganbayan,
superseding conflicting treaties and custom. GR 90478. Nov. 21, 1991].
Jus cogens norms are considered peremp-
Jus imperii. Lat. The right of eminent domain
tory in the sense that they are mandatory,
exercised by the State. [Rep. v. Sandi-
do not admit derogation, and can be modi-
ganbayan, GR 90478. Nov. 21, 1991].
fied only by general intl. norms of equivalent
authority. [Vinuya v. Romulo, GR 162230, Jus in bello. Lat. The law during war. The law
Apr. 28, 2010]. 2. A peremptory norm of regulating combat or the waging of war.
general intl. law accepted and recognized by
the intl. community as whole as a norm from Jus in re. Lat. A real right.
which no derogation is permitted and which Jus in re aliena. Lat. Right in the property of
can be modified only by a subsequent norm another person.
of general intl. law having the same charac-
ter. [Sandoval, Pol. Law Reviewer 2003]. Jus luminum. See Easement of light.
Jus commune. Lat. The common right. Law Jus naturale. Lat. Natural law. Law inherent in
based on Roman law, canon law, and the in- nature that may be ascertained by reason.
terpretations of glossators and commenta- Jus possessionis. Lat. Right of possession.
tors, and common to Europe at the begin-
ning of the Renaissance. Jus possidendi. Lat. Right to possess.
Jus contra bellum. Lat. Law on the preven- Jus postlimini doctrine. The doctrine holding
tion of war. [Dean Tupaz, 24 Hours Before that when a territory has been occupied by
the Bar (1st Ed. 2005), p. 91]. the enemy comes again into the power of
the state during the progress of a war
Jus dare. Lat. To make law or give law. [Office through conquest or otherwise, the legal
of Court Admin. V. Pascual, AM MTJ-93- state of the things existing prior to the hos-
783. July 29, 1996]. tile occupation is re-established. [Suarez,
Jus dicere. Lat. To interpret the law. [Office of Pol. Law Reviewer, 1st Ed., 2002, p. 36].
Court Admin. V. Pascual, AM MTJ-93-783. Jus projitiendi. Lat. Continuous easements.
July 29, 1996]. [Cortes v. Yu-tibo, GR 911. Mar. 12, 1903].
Jus dicere, non jus dare. Lat. To declare the Jus sanguinis. Lat. Right of blood.
law, not to make it. [Used in Uson v. Dioso-
mito, GR L-42135, June 17, 1935]. Jus sanguinis doctrine. The principle ad-
hered to by the Phil. law on citizenship un-
Jus disponendi. Lat. 1. Right to dispose. 2. der which a child follows the nationality or
The power of the owner to alienate, encum- citizenship of the parents regardless of the
ber, transform and even destroy the thing place of his/her birth.
owned. [Distelleria Washington, Inc. v. La
Tondeña Distillers, Inc., GR 120961, Oct. 2, Jus soli. Lat. Right of soil.
1997]. Jus soli doctrine. The principle under which
Jus fruendi. Lat. Right to receive the fruits. the nationality or citizenship of a child is de-
termined on the basis of the place of his/her
Jus gentiun. Lat. Law of nations. [Co Cham v. birth.
Tan Keh, GR L-5. Sep. 17, 1945]. The Ro-
man law applied to dealings bet. non- Jus spatiandi et manendi. Lat. Referring to a
legal right of way, and to enjoyment, granted

540
to the public but only for the purposes of of the public. [Berkenkotter v. CA, GR
recreation or education, such as upon parks 89980. Dec. 14, 1992].
or public squares. Very similar to an ease-
Just debts. Those claims the existence and
ment of which some courts have said a jus
justness of which are admitted by the debt-
spatiandi is a special type.
or. [Uy v. Magallanes, Jr., AM P-00-1421,
Jus spillitiendi. Lat. Apparent easements. Apr. 11, 2002].
[Cortes v. Yu-tibo, GR 911. Mar. 12, 1903].
Just title. That which is legally sufficient to
Jus summi imperu. Lat. The absolute right to transfer the ownership or the real right to
govern. [Frivaldo v. Comelec, GR 120295. which it relates. [Tolentino, Civ. Code of the
June 28, 1996]. Phils., Vol. II, Repr. 2001, p. 283-284].
Jus suum quique tribuere. Lat. To render to Just cause. A reasonable and lawful ground
every man his due. [In re: Jurado, AM 93-2- for action.
037 SC. Apr. 6, 1995].
Just-cause dismissal. Labor. A form of termi-
Jus tertii. Lat. Third party rights. The legal nation usu. initiated by the employer, where
classification for an argument made by a 3rd the latter is not legally bound to pay separa-
party, as opposed to the legal title holder, tion pay. [Poquiz, Labor Rel. Law, 1999 Ed.
which attempts to justify entitlement to pos- p. 349].
sessory rights based on the showing of legal
Justice. Fairness. A state of affairs in which
title in another person. By showing legiti-
conduct or action is both fair and right, given
mate title in another person, jus tertii argu-
the circumstances. In law, it more specifical-
ments imply that the present possessor‘s in-
ly refers to the paramount obligation to en-
terest is illegitimate or that the present pos-
sure that all persons are treated fairly.
sessor is a thief.
Justice delayed is justice denied. [An old
Jus tertii standing. See Standing jus terii.
legal maxim that] requires the expeditious
Jus utendi. Lat. The right to receive from the resolution of disputes, much more so in
thing what it produces. [Distelleria Washing- criminal cases where an accused is consti-
ton, Inc. v. La Tondeña Distillers, Inc., GR tutionally guaranteed the right to a speedy
120961, Oct. 2, 1997]. trial. [Tan v. People, GR 173637, Apr. 21,
2009].
Jus vindicandi. Lat. The right to recover.
[Suarez, Intro. to Law, 1995 3rd Ed., p. 83]. Justiciable. Issues and claims capable of
being properly examined in court.
Jus vitae ac necis. Lat. The right of life and
death. [Espiritu v. Ca, GR 115640. Mar. 15, Justiciable controversy. An actual controver-
1995]. sy, or the ripening seeds of one which exists
bet. the parties, all of whom are sui juris and
Just. A very short time ago. [Umil v. Ramos,
before the court, and that the declaration
GR 81567. Oct. 3, 1991].
sought will help in ending the controversy. A
Just compensation. The full and fair equiva- doubt becomes a justiciable controversy
lent of the property sought to be expropriat- when it is translated into a claim of right
ed. The measure is not the taker's gain but which is actually contested. [ Intl. Hardwood
the owner's loss. The compensation, to he v. UP, GR 52518. Aug. 13, 1991].
just, must be fair not only to the owner but
Justifying circumstances. Those circum-
also to the taker. Even as undervaluation
stances wherein the acts of the actor are in
would deprive the owner of his property
accordance with law and hence, he incurs
without due process, so too would its over-
no criminal and civil liability. [Gregorio,
valuation unduly favor him to the prejudice

541
Fund. of Crim. Law Rev., 1997 9th Ed., p.
51].
Justitia est constans et perpetua voluntas
jus suum cuique tribuendi. Lat. Justice is
a constant and perpetual determination to
render to everyone what is due him.
Justitia nemini neganda est. Lat. Justice is to
be denied to none. [Phil. Geothermal. Inc. v.
NLRC, GR 106370 Sep. 8, 1994].
Juvenile. A young person; a child.
Juvenile delinquency. The participation in
illegal behavior by minors (juveniles or indi-
viduals younger than the statutory age of
majority).
Juvenile Justice and Welfare Act of 2006.
RA 9344 entitled ―An Act Establishing a
Comprehensive Juvenile Justice And Wel-
fare System, Creating the Juvenile Justice
and Welfare Council Under the DOJ, Appro-
priating Funds Therefor and for Other Pur-
poses‖ enacted on Apr. 28, 2006.
Juvenile justice and welfare system. A sys-
tem dealing with children at risk and children
in conflict with the law, which provides child-
appropriate proceedings, incl. programs and
services for prevention, diversion, rehabilita-
tion, re-integration and aftercare to ensure
their normal growth and development. [Sec.
4, RA 9344].

542
Kalunya. Tag. Paramour.
-K- Kasama. Tag. Tenant, not worker or laborer.
Kabit. Tag. Mistress. [Delos Reyes v. Espineli, GR L-28280-81.
Nov. 28, 1969].
Kabit system. 1. An arrangement whereby a
person who has been granted a certificate of Kasambahay or Domestic worker. Any per-
convenience allows another person who son engaged in domestic work within an
owns motor vehicles to operate under such employment relationship such as, but not
franchise for a fee [Lita Enterprises, Inc. v. limited to, the following: general househelp,
2nd Civil Cases Div., IAC, GR 64693, 27 nursemaid or ―yaya‖, cook, gardener, or
Apr. 1984] 2. The system which, although laundry person, but shall exclude any per-
not outrightly penalized as a criminal of- son who performs domestic work only occa-
fense, is invariably recognized as being con- sionally or sporadically and not on an occu-
trary to public policy and therefore, void and pational basis. The term shall not include
inexistent under Art. 1409 of the Civ. Code. children who are under foster family ar-
[Lita Enterprises, Inc. v. IAC, GR 64693, rangement, and are provided access to ed-
Apr. 27, 1984]. ucation and given an allowance incidental to
education, i.e. ―baon‖, transportation, school
Kadyut lang. Vis. For a moment. [People v.
projects and school activities. [Sec. 4, RA
Lo-ar, GR 118935. Oct. 6, 1997].
10361].
Kaingin. A portion of the forest land, whether
Katarungan. Tag. Justice.
occupied or not, which is subjected to shift-
ing and/or permanent slash-and-burn culti- Katarungang Pambarangay. Also Barangay
vation having little or no provision to prevent Justice. The barangay conciliation system
soil erosion. [Sec. 3, PD 705]. established under PD 1508 and continued
under the RA 7160 (LGC of 1991).
Kainginero. Tag. A. slash-and-burn farmer.
Katuwaan. Tag. Pure deviltry.
Kalikasan. Tag. Nature.
Keeper, watchman and visitor of opium
Kalikasan, Writ of. A remedy available to a
den. Crim. Law. The felony committed by: 1.
natural or juridical person, entity authorized
anyone who shall act as a keeper or watch-
by law, PO, NGO, or any public interest
man of a dive or resort where any prohibited
group accredited by or registered with any
drug is used in any manner contrary to law;
govt. agency, on behalf of persons whose
and 2. any person who, not being included
constitutional right to a balanced and health-
in the provisions of Art. 190 of the Rev. Pe-
ful ecology is violated, or threatened with vi-
nal Code, shall knowingly visit any dive or
olation by an unlawful act or omission of a
resort of the character referred to therein.
public official or employee, or private indi-
[Art. 191, RPC].
vidual or entity, involving environmental
damage of such magnitude as to prejudice Kelvin. The base unit of the thermodynamic
the life, health or property of inhabitants in 2 temperature which is the fraction 1/273.16 of
or more cities or provinces. [Rules of Proce- the thermodynamic temperature of the triple
dure for Environmental Cases, AM 09-6-8- point of water. [Sec. 4, BP 8].
SC, Apr. 29, 2010].
Kickback. A payment made to someone who
Kaliwaan. Tag. 1. Simultaneous delivery of the has facilitated a transaction or appointment,
object and the consideration therefor. 2. esp. illicitly.
Simultaneous giving of market money by the
Kidnap. To take someone away illegally by
poseur-buyer and handing over of the drugs
force, typically to obtain a ransom.
by the pusher. [People v. Ponsica, GR
108176. Feb. 14, 1994].

543
Kidnapping. The unlawful and carrying away shall be death where the kidnapping or de-
of a human being by force and against his tention was committed for the purpose of ex-
will. torting ransom from the victim or any other
person, even if none of the circumstances
Kidnapping. Elements: (a) The offender is a
above-mentioned were present in the com-
private individual; (b) he kidnaps or detains
mission of the offense. [Art. 267, RPC].
another, or in any manner deprives the latter
of his liberty; (c) the act of detention or kid- Kidnapping and serious illegal detention.
napping must be illegal; and (d) in the com- Crim. Law. Elements: (a) The offender is a
mission of the offense, any of the following private individual; not either of the parents of
circumstances is present: (d.1) the kidnap- the victim or a public officer who has a duty
ping or detention lasts for more than 3 days; under the law to detain a person; (b) he kid-
(d.2) it is committed by simulating public au- naps or detains another, or in any manner
thority; (d.3) any serious physical injuries deprives the latter of his liberty; (c) the act
are inflicted upon the person kidnapped or of detention or kidnapping must be illegal;
detained, or threats to kill him are made; or and (d) in the commission of the offense,
(d.4) the person kidnapped or detained, is a any of the following circumstances is pre-
minor, a female, or a public officer. If the vic- sent: (a) the kidnapping or detention lasts
tim is a minor, or is kidnapped or detained for more than 3 days; (b) it is committed by
for the purpose of extorting ransom, the du- simulating public authority; (c) any serious
ration of detention becomes immaterial. physical injuries are inflicted upon the per-
[People v. Bringas, GR 189093, Apr. 23, son kidnapped or detained or threats to kill
2010]. him are made or (d) the person kidnapped
or detained is a minor, female or a public of-
Kidnapping and failure to return a minor.
ficial. [People v. Mamantak, GR 174659, Ju-
ly 28, 2008].
person who, being entrusted with the custo-
dy of a minor person, shall deliberately fail Kilberg doctrine. Conf. of Laws. A rule to the
to restore the latter to his parents or guardi- effect that the forum is not bound by the law
ans. [Art. 270, RPC]. of the place of injury or death as to the limi-
tation on damages for wrongful act bec.
Kidnapping and failure to return a minor.
such rule is procedural and hence the law of
Crim. Law. Elements: (a) The offender has
the forum governs on this issue. [Agpalo,
been entrusted with the custody of the mi-
Conflict of Laws, p. 6].
nor, and (b) the offender deliberately fails to
restore said minor to his parents or guardi- Kill. To cause the death of a person, animal,
ans. [People v. Ty, GR 121519. Oct. 30, or other living thing.
1996].
Killing. An act of causing death, esp. deliber-
Kidnapping and serious illegal detention. ately.
Crim. Law. The felony committed by any pri-
Killing under exceptional circumstances.
vate individual who shall kidnap or detain
Requisites: (a) That a legally married person
another, or in any other manner deprive him
or a parent surprises his spouse or his
of his liberty: (a) if the kidnapping or deten-
daughter, the latter under 18 years of age
tion shall have lasted more than 5 days; (b)
and living with him, in the act of committing
if it shall have been committed simulating
sexual intercourse with another person; (b)
public authority; (c) if any serious physical
that he or she kills any or both of them or in-
injuries shall have been inflicted upon the
flicts upon any or both of them any serious
person kidnapped or detained; or if threats
physical injury in the act or immediately
to kill him shall have been made; or (d) if the
thereafter; (c) that he has not promoted or
person kidnapped or detained shall be a mi-
facilitated that prostitution of his wife or
nor, female or a public officer. The penalty

544
daughter, or that he or she has not consent- Kinilaw. Tag. 1. Raw fish salad. [People v.
ed to the infidelity of the other spouse. Carcedo, GR 48085. June 26, 1991]. 2. A
[People v. Gelaver, GR 95357. June 9, dish composed of raw fish steeped in vine-
1993]. gar. [People v. Gaudia, GR 146111. Feb.
23, 2004].
Kiln. A furnace or oven for burning, baking, or
drying, esp. one for calcining lime or firing Kinulata. Tag. Struck or hit with the butt of a
pottery. rifle.
Kiln-drying. A process by which the moisture Kiskisan. Tag. Ricemill. [Vda. De Limjoco v.
content of the lumber is reduced to prevent Dir. of Commerce, GR L-17640. Nov. 29,
the wood from warping. 1965].
Kilogram. The base unit of mass which is Kite. 1. N. A check drawn against uncollected
equal to the mass of the intl. prototype of the funds in a bank account. [Perez v. People,
kilogram, made of platinum-iridium, the GR L-43548. June 29, 1981]. 2. V. To se-
standard of which is kept at the Bu. of Intl. cure the temporary use of money by issuing
Weights and Measures at Sevres, France. a negotiating worthless paper and then re-
[Sec. 4, BP 8]. deeming such paper with the proceeds of
similar paper, ad infinitum. [See Associated
Kilometer. A linear measure equivalent to 062
Citizens Bank v. Ople, GR L-48896, Feb.
miles, under metric system.
24, 1981).
Kilometrage. A compensation of so much per
Know-how. Practical expertise acquired from
kilometer allowed to officers traveling on the
study, training, and experience.
public business, or to any person authorita-
tively summoned in respect to a matter of Knowingly. 1. Consciously, intelligently, will-
public importance, as to a witness. fully, or intentionally. [Urada v. Mapalad, AM
MTJ-91-622. Mar. 22, 1993, 5th Ed., 784]. 2.
Kin. A blood or marriage relative; as in ―next of
With knowledge, willfully or intentionally with
kin‖ which refers to the closest relative.
respect to a material element of an offense.
Kinakapatid. Tag. Godbrother. [Cuison v. CA,
Knowingly rendering an unjust judgment.
GR 88539. Oct. 26, 1993].
Crim. Law. Elements: (a) The offender is a
Kinakasama. Tag. Concubine; mistress. judge; (b) he renders a judgment in a case
submitted to him for decision; (c) the judg-
Kind. The term denotes a grouping, a class,
ment is unjust; and, (d) the judge knows that
grade, or genus and encompasses several his judgment is unjust [Reyes, The Rev. Pe-
objects or materials with similar traits or nal Code (1977), Bk. II, p. 340]. The gist of
characteristics. [People v. Torres, GR
the offense therefore is that an unjust judg-
111289. Aug. 11, 1995]. ment be rendered maliciously or in bad faith,
Kindergarten. A school or class that prepares that is, knowing it to be unjust. [Dela Cruz v.
children for 1st grade. A child in kindergar- Concepcion, AM RTJ-93-1062 Aug. 25,
ten is typically 5 or 6 years old. 1994].
Kindergarten education. 1 year of preparato- Knowingly rendering unjust judgment.
ry education for children at least 5 years old Crim. Law. 1. The felony committed by any
as a prerequisite for Grade I. [Sec. 4, RA judge who shall knowingly render an unjust
10533]. judgment in any case submitted to him for
decision. [Art. 204, RPC]. 2. Rendering a
Kindred. A group of related persons, as a clan judgment patently contrary to law or not
or tribe. supported by the evidence with deliberate

545
intent to perpetrate an injustice. [Naval v. Kulangot. Tag. Dried mucus in the nose;
Panday, AM RTJ-95-1283. July 21, 1997]. booger.
Knowledge. A mental state of awareness Kulata. Butt of a rifle or firearm.
about a fact. [Dizon-Pamintuan v. CA, GR.
Kuliglig. Tag. Modified hand-cart. [Miraasol v.
111426. July 11, 1994].
DPWH, GR 158793 June 8, 2006].
Knowledge of a particular fact. Cognizance,
Kwitis. See Sky rocket.
consciousness or awareness of a particular
fact, or awareness of the existence of some-
thing, or acquaintance with facts, or having
something within the mind's grasp with certi-
tude and clarity. [Dizon-Pamintuan v. CA,
GR. 111426. July 11, 1994].
Kotong. Tag. 1. Mulcting. 2. The money or
property extorted or unlawfully extracted by
a law enforcement official or public official
through intimidation or undue exercise of his
authority against any person facing appre-
hension or charges for violating or being
suspected of violating any law in exchange
for protection against possible arrest or filing
of charges.
Kotong cop. A policeman who tries to collect
money from civilians by way of delaying the
issuances of clearance or reports or drop-
ping hints of having no gasoline to use for a
vehicle or "pang-gasolina lang po.‖
Kristo. Tag. Cockpit bet caller. [People v.
Ganzagan, Jr. GR L-113793. Aug. 11,
1995].
Kulafo. A local wine. [People v. Buyok, GR
109771. Aug. 25, 1994]. Also called Vino
Kulafu or Kulafu.
Kulafu. See Kulafo.
Kulam. Tag. 1. A curse. [People v. Oliquino,
GR 94703. May 31, 1993]. 2. Witchcraft,
sorcery. [People v. Sario, GR L-20754 & L-
20759. June 30, 1966].
Kulambo. Tag. Mosquito net.
Kulang sa isip. Tag. Suffering from mental
deficiency. [People v. Pamor, GR 108599.
Oct. 7, 1994].
Kulang-kulang. Tag. 1. Slightly less than
needed or expected; 2. Stupid. 3. Unbal-
anced mentally. 4. Imbecile.

546
majora. [People v. Campuhan, GR 129433,
-L- 30 Mar. 2000].
Label. A display of written, printed, or graphic Labo doctrine. Elec. Law. The rule [declared
matter upon the immediate container [not by the Sup. Court in the case of Labo v.
incl. package liners] of any article. [Sec. 4, Comelec, GR 105111. July 3, 1992] that
RA 9296]. ―the ineligibility of a candidate receiving ma-
jority of votes does not entitle the eligible
Label or Labeling. 1. The display of written,
candidate receiving the next highest number
printed or graphic matter on any consumer
of votes to be declared elected. A minority
product, its immediate container, tag, litera-
or defeated candidate cannot be deemed
ture or other suitable material affixed thereto
elected to the office.‖ In other words, the
for the purpose of giving information as to
votes cast for an ineligible or disqualified
identify components, ingredients, attributes,
candidate cannot be considered ―stray.‖
directions for use, specifications and such
[Ang Bagong Bayani -OFW Labor Party v.
other information as may be required by law
Comelec, GR 147589, June 25, 2003].
or regulations. [Sec. 3, RA 10620; Art. 4, RA
Compare with Grego doctrine.
7394]. 2. A display of written, printed, or
graphic matter upon, the immediate con- Labor. Physical toil, although it does not nec-
tainer of any article and a requirement made essarily exclude the application of skill, thus
by or under authority of RA 9711 that any there is skilled and unskilled labor. [Az-
word, statement, or other information ap- ucena, The Labor Code with Comments and
pearing on the label shall not be considered Cases, 4th Ed. 1999, p. 8].
to be complied with unless such word,
Labor-management committee (LMC). A
statement, or other information also appears
negotiating body in a business enterprise
on the outside container or wrapper, if any
composed of the representatives of labor
there be, of the retail package of such arti-
and management created to establish a
cle, or easily legible through the outside
productivity incentives program, and to set-
container or wrapper. [Sec. 9, RA 9711].
tle disputes arising therefrom in accordance
Labia majora. Legal Med. 1. Homologous to with Sec. 9 of RA 6971. [Sec. 4, RA 6971].
the halves of the scrotum in the male which
Labor-only contracting. 1. This occurs where
is firm and elastic and its medial borders are
the person supplying workers to an employ-
usu. in close contact with each other.
er does not have substantial capital or in-
vestment in the form of tools, equipment,
2. The outer lips of the female organ com-
machineries, work premises, among others,
posed of the outer convex surface and the
and the workers recruited and placed by
inner surface. The skin of the outer convex
such person are performing activities which
surface is covered with hair follicles and is
are directly related to the principal business
pigmented, while the inner surface is a thin
of such employer. In such cases, the person
skin which does not have any hair but has
or intermediary shall be considered merely
many sebaceous glands. [People v. Cam-
as an agent of the employer who shall be
puhan, GR 129433, 30 Mar. 2000].
responsible to the workers in the same
Labia minora. Legal Med. Also called Nym- manner and extent as if the latter were di-
phae. 1. The cutaneous folds which lie me- rectly employed by him. [Art. 106, LC]. 2.
dial to the labia majora and are soft, pinkish [This exists] when the contractor or sub-
and in close contact with one another, with a contractor merely recruits, supplies or plac-
narrow vestibule. [Olarte, Legal Med., 1st Ed. es workers to perform a job, work or service
(2004), p. 123]. 2. [The outer lips of the fe- for a principal. [Escario v. NLRC, GR
male organ that is] directly beneath the labia 124055. June 8, 2000]. Compare with Job
contracting.

547
Labor administration. Cases where farm conceivably require the services of one per-
workers are employed wholly in the agricul- son to do the attaching of the hook to the
tural production. [Sec. 166, RA 3844]. net or sling. [First Plywood Corp. v. CA, GR
84460. Nov. 13, 1992].
Labor Arbiter. The govt. official which has the
exclusive jurisdiction to hear and decide the Labor intensive. Requiring a large expendi-
following cases involving all workers, ture of labor but not much capital.
whether agricultural or non agricultural: (a)
Labor legislation. Statutes, regulations and
unfair labor practice cases; (b) unresolved
jurisprudence governing the relations bet.
cases in collective bargaining, incl. those
capital and labor, by providing for certain
which involve wages, hours of work and
employment standards and a legal frame-
other terms and conditions of employment;
work for negotiating, adjusting and adminis-
and (c) all other cases arising from employ-
tering those standards and other incidents of
er-employee relations duly indorsed by the
employment. [Azucena, The Labor Code
Regional Directors in accordance with the
with Comments and Cases, Vol. 1, 4th Ed.
provisions of the Labor Code. [Art. 217, LC].
1999, p. 7].
Labor Code of the Philippines. PD 442 enti-
Labor organization. 1. Any labor union or any
tled ―A Decree instituting a Labor Code,
auxiliary thereof, such as a coop., a credit
thereby revising and consolidating labor and
union and an institution engaged in re-
social laws to afford protection to labor,
search, education or communications. [Sec.
promote employment and human resources
2, PD 823]. 2. Any union or assoc. of em-
development and ensure industrial peace
ployees which exists in whole or in part for
based on social justice‖ signed into law on
the purpose of collective bargaining or of
May 1, 1974 and took effect on Nov. 1,
dealing with employers concerning terms
1974.
and conditions of employment. [Art. 212,
Labor dispute. Also known as Industrial LC].
dispute. 1. Controversy concerning the as-
Labor relations. All aspects of employer-
soc. or representation of persons in negoti-
employee relationship which involve con-
ating, fixing, maintaining, changing or seek-
certed action on the part of the workers. It is
ing to arrange terms or conditions of em-
usu. associated with all the ramifications of
ployment, regardless of whether the dispu-
collective bargaining and negotiations and
tants stand in the proximate relation of em-
concerted activities such as strike, picket,
ployer and employee. [Sec. 2(j), RA 875]. 2.
mass leave and the like. [Poquiz, Labor Rel.
Any controversy or matter concerning terms
Law, 1999 Ed. p. 2].
or conditions of employment or the assoc. or
representation of persons in negotiating, fix- Labor relations law. The law which defines
ing, maintaining, changing or arranging the the status, rights and duties, and the institu-
terms and conditions of employment, re- tional mechanisms, that govern the individu-
gardless of whether or not the disputants al and collective interactions of employers,
stand in the proximate relation of employers employees or their representatives. [Az-
and employees. [Art. 212 (1), LC]. ucena, The Labor Code with Comments and
Cases, Vol. 1, 4th Ed. 1999, p. 7].
Labor force. All the members of a particular
org. or population who are able to work. Labor sector. The industrial labor group,
which includes all non-agricultural workers
Labor in hooking. The term can consist only
and employees. [Sec. 2, EO 198, June 18,
of attaching the hook of the derrick's boom
1987].
to the sling or net holding a cargo in order
that said cargo may be lifted into the carry- Labor standards. The minimum requirements
ing vessel. The "labor in hooking" could then prescribed by existing laws, rules, and regu-

548
lations relating to wages, hours of work, cost al and is not for the purposes of the occupa-
of living allowance and other monetary and tion or business of the employer. Any refer-
welfare benefits, incl. occupational, safety, ence to the person dependent on him, is de-
and health standards [Maternity Children's fined in Act 3428, as amended, if the context
Hospital v. Sec. of Labor GR 78909. June so requires, or, if the employee is a minor or
30, 1989]. incapacitated, to his guardian or nearest of
kin. [Sec. 39 [b], Act 3428, as amended by
Labor standards law. The law which sets out
RA 722].
the minimum terms, conditions and benefits
of employment that employers must provide Labor-only contracting. A prohibited act, [it]
or comply with and to which employees are is an arrangement where the contractor or
entitled as a matter of legal right. [Azucena, subcontractor merely recruits, supplies or
The Labor Code with Comments and Cases, places workers to perform a job, work or
Vol. 1, 4th Ed. 1999, p. 7]. service for a principal. [Sasan, Sr. v. NLRC,
GR 176240, Oct. 17, 2008].
Labor statutes. Laws that govern the rights
and obligations of employers and employ- Labor-only contracting. Elements: (a) The
ees, providing as well for the rules by which contractor or subcontractor does not have
such rights and obligations may be en- substantial capital or investment which re-
forced. [Suarez, Stat. Con., (1993), p. 91]. lates to the job, work or service to be per-
formed and the employees recruited, sup-
Labor union. A combination or assoc. of
plied or placed by such contractor or sub-
workers organized for the purpose of secur-
contractor are performing activities which
ing favorable wages, improved labor condi-
are directly related to the main business of
tions, better hours of labor, etc., and righting
the principal; or (b) the contractor does not
grievances against employers.
exercise the right to control over the perfor-
Labor union constitution. A covenant bet. mance of the work of the contractual em-
the union and its members and among the ployee. [Escario v. NLRC, GR 124055. June
members. [Johnson and Johnson Labor Un- 8, 2000].
ion-FFW v. Dir. of Labor Rel., GR 76427.
Lacerated wound. Tear of the skin due to
Feb. 21, 1989].
forcible contact with a blunt instrument. The
Laboratory. A room or building equipped for edges of the wound are irregular and do not
scientific research, or teaching, or for the correspond with the wounding instrument. It
manufacture of drugs or chemicals. is usu. accompanied with varying degrees of
swelling and contusion.
Laboratory equipment. The paraphernalia,
apparatus, materials or appliances when Laceration. A wound that is torn rather than
used, intended for use or designed for use cut. It has rugged, irregular edges and
in the manufacture of any dangerous drug masses of torn or mashed tissue under-
and/or controlled precursor and essential neath.
chemical, such as reaction vessel, prepara-
Laches. Also known as Stale demand. 1. The
tive or purifying equipment, fermentors,
failure or neglect for an unreasonable and
separatory funnel, flask, heating mantle, gas
unexplained length of time, to do that which,
generator, or their substitute. [Sec 3, RA
by exercising due diligence, could or should
9165].
have been done earlier; it is negligence or
Laborer. A synonym of Employee. Every omission to assert a right within a reasona-
person who has entered the employment of, ble time, warranting the presumption that
or works under a service or apprenticeship the party entitled to assert it either has
contract for an employer. It does not include abandoned or declined to assert it. Such
a person whose employment is purely casu- neglect or omission to assert a right taken in

549
conjunction with the lapse of time and other never intended to favor nor insulate from
circumstances causing prejudice to an ad- suit unscrupulous establishments or nation-
verse party, as will operate as a bar in equi- als in case of breach of valid obligations or
ty. [Lacamen v. Laruan GR L-27088 July 31, violations of legal rights of unsuspecting for-
1975]. 2. A legal doctrine whereby those eign firms or entities simply bec. they are
who take too long to assert a legal right, not licensed to do business in the country.
lose their entitlement to compensation. [Facilities Mngt. Corp. v. De la Osa, GR L-
38649, Mar. 26, 1979].
Laches. Elements: (a) Conduct on the part of
the defendant, or of one under whom he Lack of cause of action. Civ. Pro. The situa-
claims, giving rise to the situation com- tion where the evidence [which] does not
plained of; (b) delay in asserting complain- sustain the cause of action alleged is raised
ant's right after he had knowledge of the de- in a demurrer to evidence under Rule 33 [of
fendant's conduct and after he has an op- the Rules of Court] after the plaintiff has
portunity to sue; (c) lack of knowledge or no- rested his case and can be resolved only on
tice on the part of the defendant that the the basis of the evidence he has presented
complainant would assert the right on which in support of his claim. [Domondon v. Lopez,
he bases his suit; and (d) injury or prejudice AM RTJ-02-1696, June 20, 2002]. Compare
to the defendant in the event relief is ac- with Failure to state a cause of action.
corded to the complainant. [Buenaventura v.
Lack of jurisdiction. Lack of power or authori-
CA, GR 50837 Dec. 28, 1992].
ty to act in a particular manner or to give a
Laches, Doctrine of. Also Doctrine of stale particular kind of relief. It refers to a court‘s
demands. 1. [A doctrine] based upon total lack of power or authority to entertain a
grounds of public policy which requires, for case or to take cognizance of a crime. See
the peace of society, the discouragement of Without jurisdiction.
stale claims and x x x is principally a ques-
Lack of legal capacity to sue. The term
tion of the inequity or unfairness of permit-
means either that the plaintiff does not have
ting a right or claim to be enforced or as-
the necessary qualifications to appear in the
serted. [Tijam v. Sibonghanoy, GR L-21450
case, or when he does not have the charac-
Apr. 15, 1968]. 2. The time-honored rule an-
ter or representation which he claims, as,
chored on public policy that relief will be de-
when he is not a duly appointed executor or
nied to a litigant whose claim or demand has
administrator of the estate he supports to
become ―stale‖, or who has acquiesced for
represent or that the plaintiff is not a corp.
an unreasonable length of time, or who has
duly registered in accordance with law.
not been vigilant or who has slept on his
[Recreation and Amusement Assoc. of the
rights either by negligence, folly or inatten-
Phils. v. City of Manila, GR L-7922. Feb. 22,
tion. [Arradaza v. CA, GR 50422 Feb. 8,
1957].
1989].
Lack of personality to sue. 1. The fact that
Lack of capacity to sue. A plaintiff's general
the plaintiff is not the real party in interest.
disability to sue, such as on account of mi-
[Columbia Pictures v. CA, GR 110318. Aug.
nority, insanity, incompetence, lack of juridi-
28, 1996]. 2. [It] can be used as a ground for
cal personality or any other general disquali-
a Motion to Dismiss based on the fact that
fications of a party. [Columbia Pictures v.
the complaint, on the face thereof, evidently
CA, GR 110318. Aug. 28, 1996]. Compare
states no cause of action. [Columbia Pic-
with Lack of personality to sue.
tures, Inc. v. CA, GR 110318. Aug. 28,
Lack of capacity to sue doctrine. The doc- 1996]. Compare with Lack of capacity to
trine of lack of capacity to sue based on fail- sue.
ure to first acquire a local license is based
on considerations of public policy. It was

550
Lack of standing. When a plaintiff is not quali- Lagumbay doctrine. The doctrine of statistical
fied to appear before the forum court. improbability [which] was first pronounced in
Lagumbay v. Comelec [GR L-25444, Jan.
Lactation. The secretion of milk by the mam-
31, 1966]. [It] expounded on the doctrine of
mary glands.
statistical improbability and the doctrine‘s ef-
Lactation management. The general care of fect on the power of the Comelec to reject
a mother-infant nursing couple during the the results reflected in the election returns
mother's prenatal, immediate postpartum when such returns showed prima facie that
and postnatal periods. It deals with educat- they did not reflect the true and valid reports
ing and providing knowledge and infor- of regular voting. See Statistical improba-
mation to pregnant and lactating mothers on bility doctrine.
the advantages of breastfeeding, the risks
Laguna Lake. It refers to Laguna de Bay
associated with breastmilk substitutes and
which is that area covered by the lake wa-
milk products not suitable as breastmilk
ters, when it is at the average annual maxi-
substitutes such as, but not limited to, con-
mum lake level of elevation 12.50 meters,
densed milk and evaporated milk, the moni-
as referred to a datum 10.00 meters below
toring of breastfeeding mothers by health
mean lower low water (MLLW). Lands locat-
workers and breastfeeding peer counselors
ed at and below such elevation are public
for service patients to ensure compliance
lands which form part of the bed of said
with the DOH, WHO and the UNICEF on the
lake. [Sec. 29, PD 813].
implementation of breastfeeding policies,
the physiology of lactation, the establish- Laguna Lake Development Authority
ment and maintenance of lactation, the (LLDA). An attached agency of the DENR
proper care of the breasts and nipples, and responsible in the preservation, develop-
such other matters that would contribute to ment and sustainability of the Laguna de
successful breastfeeding. [Sec. 3, RA Bay and its 21 major tributary rivers.
10028].
Lake. 1. An inland body of water, an expanded
Lactation stations. Private, clean, sanitary, part of a river, a reservoir formed by a dam,
and well-ventilated rooms or areas in the or a lake basin intermittently or formerly
workplace or public places where nursing covered by water. [Sec. 4, RA 8550]. 2. An
mothers can wash up, breastfeed or express inland body of water of considerable size,
their milk comfortably and store this after- occupying a natural basin or depression in
ward. [Sec. 3, RA 10028]. the earth's surface below the ordinary drain-
age level of the region, fed by either surface
Lacuna. Lat. Pit. An unfilled space or interval;
water or surface streams or by subterranean
a gap. See Legislative lacuna.
streams or springs, and having little or no
Ladrones. Sp. Highway robbers or brigands. current or motion of the waters in any par-
ticular direction. [De Guzman v. Mun. of
Lagay. Tag. Demand for and acceptance of Taytay, GR 43626. Mar. 7, 1938]. 3. A body
"grease money,‖ a form of graft and corrup-
of water formed in depressions of the earth.
tion so common in the application for licens- Ordinarily fresh water, coming from rivers,
es and permits from the govt. [Antonio v. brooks, or springs are connected with the
Sandiganbayan, GR L-57937. Oct. 21, sea by them. [Govt. of Phil. Islands v. Cole-
1988]. gio de San Jose, GR L-30829 Aug. 28,
Lagoon. A small lake, ordinarily of fresh water, 1929].
and not very deep, fed by floods, the hollow Lamboid. The line of union or seam connect-
bed of which is bounded by elevations of ing the occipetal bones [posterior part of the
land. [Govt. of the Phil. v. Colegio de San
skull] and parietal bones [membrane bones
Jose, GR 30829. Aug. 28, 1929] of the roof of the skull].

551
Lame duck. An elective official who has not Land registration. The process wherein the
been reelected but whose term has not yet state provides a public record of the lant title
expired. itself upon which a prospective purchaser or
someone else interested may rely. [Peña,
Lampa. Tag. Weak and feeble; awkward and
Registration of Land Titles and Deeds, Rev.
unsteady.
Ed., 1988].
Lampara. Tag. Lamp.
Land registration. Purpose: 1. The real pur-
Lamparahan. Tag. A kerosene lamp which pose of the system is to quiet title of land; to
gives off sufficient illumination. [People v. put a stop to any question of the legality of
Almenario, GR 66420. Apr. 17, 1989]. Also the title, except claims, which were noted at
Gasera. the time of registration. [Peña, Registration
of Land Titles and Deeds, Rev. Ed., 1988].
Land. The lot leased by one who owns the 2. [Its purpose] is not the acquisition of
dwelling thereon and used principally for lands, but only the registration of title which
such dwelling and not mainly for business.
the applicant already possessed over the
[Sec. 2, RA 6359]. [Sec. 2, RA 6126]. land. Registration was never intended as a
Land assembly or consolidation. The acqui- means of acquiring ownership. [Rep. v. CA,
sition of lots of varying ownership through GR 108998, Aug. 24, 1994].
purchase or expropriation of the purpose of Land Registration Act. Act 496 which took
planned and rational development and so- effect Jan. 1, 1903. [Bagsa v. Nagramada,
cialized housing programs without individual GR 4383. Aug. 31, 1908].
property boundary restrictions. [Sec. 3, RA
7279]. Land Registration Authority (LRA). The
govt. agency mandated to issue decrees of
Land banking. The acquisition of land at val- registration and certificates of title and regis-
ues based on existing use in advance of acter documents, patents and other land
tual need to promote planned development
transactions for the benefit of landowners,
and socialized housing programs. [Sec. 3, Agrarian Reform-beneficiaries and the regis-
RA 7279]. tering public in general.
Land classification (LCM). The establishment Land title. The evidence of the right of the
of boundaries bet. alienable and disposable owner or the extent of his/her interest, and
lands and forest lands.
by which means he/she can maintain control
Land Classification Map. 1. A map showing and as a rule assert right to exclusive pos-
the classification of lands of the public do- session and enjoyment of the property. The
main based on the land classification sys- document is entitled the Certificate of Title.
tem undertaken by the then Dept. of Agricul- [Peña, Registration of Land Titles and
ture and Natural Resources, through the Bu. Deeds, Rev. Ed., 1988].
of Forestry, the Ministry of Natural Re- Land swapping. The process of land acquisi-
sources, through the Bu. of Forest Devel- tion by exchanging land for another piece of
opment, and the DENR. [Sec. 4, DENR AO
land of equal value, or for shares of stock in
2008-24]. 2. A map showing the classifica- a govt. or quasi-govt. corp. whose book val-
tion of lands of the public domain based on ue is of equal value to the land being ex-
the land classification system. [Sec. 13, PD changed, for the purpose of planned and ra-
705]. tional development and provision for social-
Land exchange. The process of bartering land ized housing where land values are deter-
for another piece of land and/or shares of mined based on land classification, market
stock of equal value in a govt. or quasi-govt. value and assessed value taken from exist-
corp. [Sec. 3, PD 1517]. ing tax declarations. [Sec. 3, RA 7279].

552
Land transportation. The movement of peo- as equitably as possible among competing
ple, animals, and goods from one location to user groups and for different functions con-
another on land, usu. by rail or road. sistent with the development plan of the ar-
ea and the Program under RA 7279. [Sec.
Land Transportation and Traffic Code. RA
3, RA 7279].
4136 entitled ―An Act to Compile the Laws
Relative to Land Transportation And Traffic Land use planning. 1. The process undertak-
Rules, to Create a Land Transportation en by public authorities to identify, evaluate
Commission and For Other Purposes‖ en- and decide on different options for the use
acted on June 20, 1964. of land, incl. consideration of long-term eco-
nomic, social and environmental objectives
Land Transportation Office (LTO). An agen-
and the implications for different communi-
cy under the DOTC responsible for optimiz-
ties and interest groups, and the subsequent
ing the land transportation service and facili-
formulation and promulgation of plans that
ties and to effectively implement the various
describe the permitted or acceptable uses.
transportation laws, rules and regulations of
[Sec. 3, RA 10121]. 2. The act of defining
the Phils.
the allocation, utilization, development and
Land transportation operator. The owner or management of all lands within a given terri-
owners of motor vehicles for transportation tory or jurisdiction acc. to the inherent quali-
of passengers for compensation, incl. school ties of the land itself and supportive of sus-
buses. [Sec. 373, IC]. tainable economic, demographic, socio-
cultural and environmental objectives as an
Land use. 1. Man's activities on land of which aid to decision-making and legislation. [Sec.
settlements, forestry, agriculture, mining,
4, RA 8435].
grazing and water use are the most predom-
inant. 2. The manner of utilizing the land, Landholder-lessor. Any person, natural or
incl. its allocation, development and man- juridical, either as owner, lessee, usufructu-
agement. [Sec. 4, RA 8435]. ary or legal possessor or agricultural land,
who lets, leases or rents to another said
Land use conversion. The act or process of property for purposes of agricultural produc-
changing the current physical use of a piece tion and for a price certain or ascertainable
of agricultural land into some other use or either in an amount of money or produce.
for another agricultural use other than the
[Sec. 42, RA 1199]. See Tenant-lessee.
cultivation of the soil, planting of crops,
growing of trees, incl. harvesting of produce Landholding. Ownership of land; the state or
therefrom, as approved by DAR. [Sec. 2.12, fact of owning land.
DAR AO 01-02].
Landing. An instance of coming or bringing
Land use plan. 1. A document embodying a something to land, from the air or water.
set of policies accompanied by maps and
Landing fees. All charges for the use of any
similar illustrations which represent the
landing strip or runway by any aircraft land-
community-desired pattern of population dis-
ing or taking off at the airport. [Sec. 3, RA
tribution and a proposal for the future alloca-
9497; Sec. 3, RA 224].
tion of land to the various land-using activi-
ties, in accordance with the social and eco- Landing field. Any locality, either on water or
nomic objectives of the people. It identifies on land, which is adapted for landing and
the location, character and extent of the ar- taking-off of aircraft located along an airway,
ea's land resources to be used for different and is intermediate to airports connected by
purposes and includes the process and the the airway, whether or not facilities are pro-
criteria employed in the determination of the vided for the shelter, servicing, or repair of
land use. [Sec. 4, RA 8435]. 2. The rational aircraft or for receiving or discharging pas-
approach of allocating available resources sengers or cargo. [Sec. 3, RA 776].

553
Landing strip. Runway; airstrip. Lapsus. Lat. Slip. [Sarmiento III v. Mison, GR
79974. Dec. 17,1987].
Landlocked. 1. Almost or entirely surrounded
by land; having no coastline or seaport. 2. Lapsus calami. Lat. Clerical error. [PNB v. De
Enclosed by land and having no navigable La Vina, GR L-21640. Aug. 28, 1924].
route to the sea.
Lapsus linguae. Lat. Slip of the tongue.
Landlocked state. A state that has no sea-
Lapsus plumae. Lat. Slip of the pen.
coast.
Larceny. 1. An old English criminal and com-
Landlord. A land or building owner who has
mon law offence covering the unlawful or
leased the land, the building or a part of the
fraudulent removal of another's property
land or building, to another person.
without the owner's consent. The offence of
Landowner. Any person who is an owner, civil theft now covers most cases of larceny. But
law lessee, usufructuary or legal possessor larceny is wider than theft as it includes the
of agricultural land. taking of property of another person by
whatever means [by theft, overtly, by fraud,
Landscape. All the visible features of an area
by trickery, etc.] if an intent exists to convert
of countryside or land, often considered in
that property to one's own use against the
terms of their aesthetic appeal.
wishes of the owner. 2. Obtaining property
Landscape architect. A natural person quali- by fraud or deceit.
fied to practice Landscape Architecture and
Large bowel (or colorectal) cancer. A cancer
who has been issued a valid certificate of
from uncontrolled cell growth in the colon or
registration or professional license and a
rectum [parts of the large intestine], or in the
valid professional identification card as such
appendix. See Colon cancer.
by the Board of Landscape Architecture
created under RA 9053 and the PRC. [Sec. Large cattle. 1. Cow, carabao, horse, mule,
2, RA 9053]. ass, or other domesticated member of the
bovine family. [Sec. 2, PD 533]. 2. The term,
Landscape architecture, Scope of the prac-
as used in Art. 310 of the Rev. Penal Code,
tice of. The act of planning, designing,
refers to ganado mayor such as mules, as
specifying, supervising and giving general
distinguished from ganado menor like
administration and responsible direction to
sheep. [People v. Nazareno, GR L-40037.
the functional, orderly and aesthetic ar-
Apr. 30, 1976]. See Small cattle.
rangement, changing and development of
natural scenery and land areas to produce Large cattle owner or raiser. The herdsman,
the most desirable effect for human use and caretaker, employee or tenant of any firm or
enjoyment of various outdoor spaces which entity engaged in the raising of large cattle
consist of landscape components and the or other persons in lawful possession of
softscape of plants. [Sec. 2, RA 9053]. such large cattle. [Sec. 2, PD 533].
Lapse. A temporary failure of concentration, Large taxpayer. A taxpayer who satisfies any
memory, or judgment. of the following criteria: (a) Value-Added Tax
(VAT) - Business establishment with VAT
Lapsed. Became invalid bec. it is not used or
paid or payable of at least P100,000 for any
renewed.
quarter of the preceding taxable year; (b)
Lapsed plan. A plan that is delinquent in Excise Tax - Business establishment with
payment of installments provided for in the excise tax paid or payable of at least
contract, the delinquency, of which extends P1,000,000 for the preceding taxable year;
beyond the grace period provided for in the (c) Corporate Income Tax - Business estab-
plan or contract. [Sec. 4, RA 9829]. lishment with annual income tax paid or
payable of at least P1,000,000 for the pre-

554
ceding taxable year; and (d) Withholding the defendant might, by the exercise of rea-
Tax - Business establishment with withhold- sonable care and prudence, have avoided
ing tax payment or remittance of at least the consequences of the negligence of the
P1,000,000 for the preceding taxable year. injured party. In such cases, the person who
[Sec. 245, NIRC, as amended]. had the last clear chance to avoid the mis-
hap is considered in law solely responsible
Large-scale illegal recruitment. Labor. Illegal
for the consequences thereof. [McKee v.
recruitment committed against 3 or more
IAC, GR 68102. July 16, 1992]. 2. The doc-
persons individually or as a group.
trine may be stated as follows: Where both
Large-scale illegal recruitment. Labor. Req- parties are negligent in such a way that it
uisites: (a) the offender has not been duly would be impossible to determine whose
licensed to engage in recruitment activities; negligence was the proximate cause of the
(b) he has engaged in illegal recruitment ac- accident, the party who had the last clear
tivities, offering employment abroad for a chance or opportunity to avoid the accident
fee; (c) he has carried out the illegal re- by the use of proper care but failed to do so
cruitment activities against 3 or more per- is considered in law solely responsible for
sons. [Dean Tupaz, 24 Hours Before the Bar the consequences of the accident [Ong v.
(1st Ed. 2005), p. 167]. Metropolitan Water District, GR L-7694,
Aug. 29, 1958].
Las pecuniarias. Sp. Pecuniary penalties.
[Villareal v. People, GR 151258, Feb. 1, Last minutes appointments. Appointments
2012]. issued in the last hours of an outgoing Chief
Exec. [Aytona v. Castillo, GR L-19313, Jan.
Lascivious. 1. Feeling or revealing an overt
19, 1962]. See Midnight appointments.
and often offensive sexual desire. 2. Lewd;
lustful; lecherous; voluptuous; salacious. Last negotiation. Nego. Inst. The last transfer
for value. Subsequent transfers bet. banks
Lascivious conduct. Crim. Law. The inten-
for purposes of collection are not negotia-
tional touching, either directly or through tions within Sec. 71 of NIL.
clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction Last two. An illegal numbers game where the
of any object into the genitalia, anus or winning combination is derived from the last
mouth, of any person, whether of the same 2 numbers of the 1st prize of the winning
or opposite sex, with an intent to abuse, Sweepstakes ticket which comes out during
humiliate, harass, degrade, or arouse or the weekly draw of the Phil. Charity Sweep-
gratify the sexual desire of any person, bes- stakes Office (PCSO), and its variants. [Sec.
tiality, masturbation, lascivious exhibition of 2, RA 9287].
the genitals or pubic area of a person. [Sec.
Latent. Hidden; concealed; that which does
32, Art. XIII, IRR of RA 7610].
not appear upon the face of an item.
Last clear chance. A doctrine in the law of
Latent ambiguity. An ambiguity that is not
torts under which a negligent plaintiff can
apparent from the wording of a document
nonetheless recover if he is able to show
but is caused by external circumstances.
that the defendant had the last opportunity
See Intrinsic ambiguity.
to avoid the accident.
Lateran Treaty. Intl. Law. 1. The treaty en-
Last clear chance doctrine. Also known as
tered into in 1929 by and bet. Italy and the
the Discovered peril doctrine or the Hu-
Holy See, where Italy recognized the exclu-
manitarian doctrine. 1. A doctrine in the
sive dominion and sovereign jurisdiction of
law of torts which states that the contributory
the Holy See over the Vatican City. It also
negligence of the party injured will not de-
recognized the right of the Holy See to re-
feat the claim for damages if it is shown that
ceive foreign diplomats, to send its own dip-

555
lomats to foreign countries, and to enter into Law of nations. The body of legal rules bind-
treaties acc. to Intl. Law. [Garcia, Questions ing on states in their intl. dealings with other
and Problems in Intl. Law, Public and Pri- states.
vate 81 (1948)]. 2. It established the state-
Law of overwhelming necessity. The police
hood of the Vatican City "for the purpose of
power of the State which is a power coex-
assuring to the Holy See absolute and visi-
tensive with self-protection. It may be said to
ble independence and of guaranteeing to it
be that inherent and plenary power in the
indisputable sovereignty also in the field of
State which enables it to prohibit all things
intl. relations. [O'Connell, I Intl. Law 311
hurtful to the comfort, safety, and welfare of
(1965)].
society. [Phil. Assoc. of Service Exporters,
Launder. To disguise the source or nature of Inc. v. Drilon, GR 81958, June 30, 1988].
illegal funds, for example, by channeling
Law of the case. 1. The opinion delivered on
through an intermediate agent.
a former appeal. More specifically, it means
Laundering. Concealing the origins of money that whatever is once irrevocably estab-
obtained illegally by transfers to foreign lished, as the controlling legal rule of deci-
banks or legitimate businesses. sion bet. the same parties in the same case
continues to be the law of the case, whether
Laundry. Clothes and linens that need to be
correct on general principles or not, so long
washed or that have been washed.
as the facts on which such decision was
Laundry detergent. A product containing a predicated continue to be the facts of the
surfactant and other ingredients, formulated case before the court. [People v. Pinuila, GR
to clean and care for the many different fab- L-11374, May 30, 1958, 55 Off. Gaz., 4228].
rics in the family wash. [Sec. 2, RA 8970]. 2. An established rule that when an appel-
late court passes on a question and re-
Law. 1. A rule of conduct, just and obligatory, mands the cause to the lower court for fur-
laid down by legitimate authority for the
ther proceedings, the question there settled
common observance and benefit. [Suarez, becomes the law of the case upon subse-
Stat. Con., (1993), p. 36]. 2. All the rules of quent appeal. [Trinidad v. Archbishop of
conduct that have been approved by the Manila, GR L-39533 Dec. 29, 1934].
govt. and which are in force over a certain
territory and which must be obeyed by all Law of the case. It applies only when: (a) a
persons on that territory. question is passed upon by an appellate
court, and (b) the appellate court remands
Law enforcement officer. The person in au- the case to the lower court for further pro-
thority or an agent as defined in Art. 152 of
ceedings; the lower court and even the ap-
the Rev. Penal Code, incl. a barangay pellate courts on subsequent appeal of the
tanod. [Sec. 4, RA 9344; Rule on Juveniles case are, thus, bound by how such question
in Conflict with The Law, AM 02-1-18-SC, had been previously settled. It must be em-
Nov. 24, 2009]. phasized, therefore, that the law of the case
Law merchant. Also Law mercatoria. 1. A finds application only in the same case be-
body of law relating to certain mercantile tween the same parties. [Lopez v. CA, GR
transactions and instruments of widespread 168734, Apr. 24, 2009].
use, now incorporated into, and regarded as Law of the case doctrine. That principle un-
part of, the common law. 2. A collection of der which determination of questions of law
rules recognized by merchants through the
will generally be held to govern a case
centuries and subsequently adopted by leg- throughout all its subsequent stages where
islation (notably in common law countries). such determination has already been made
on a prior appeal to a court of last resort. It
is ―merely a rule of procedure and does not

556
go to the power of the court, and will not be also provide legal limits to the conduct or
adhered to where its application will result in justification of war.
an unjust decision. It relates entirely to
Law on municipal corporations. The study of
questions of law, and is confined in its oper-
the general principal principles governing
ation to subsequent proceedings in the
municipal corps., the laws affecting the crea-
same case. [Villa v. Sandiganbayan, GR
tion, org. and the govt. of provinces, cities,
87186, Apr. 24, 1992].
municipalities and barangays; the scope and
Law of the flag. The conflict of laws rule, still application of the powers of municipal ordi-
found in many natl. laws and intl. conven- nances, contracts, liabilities, and enterpris-
tions, which subjected various maritime law es. [Suarez, Pol. Law Reviewer, 1st Ed.,
matters to the law of the flag or port of regis- 2002, p. 3].
try of the ship. The concept bore the imprint
Law on public officers. A study of the crea-
of 19th-century theories of the law of the cit-
tion, modification and dissolution of public
izen, espoused by Napoleon Bonaparte and
office as well as the eligibility of public offic-
Mancini. Today, the emergence of flags of
ers, the manner of their election or appoint-
convenience, double-flagging, flagging out,
ment and assumption of office, their rights,
and the increasing insistence in many intl.
duties, powers, inhibitions and liabilities, and
conventions on a genuine link bet. the flag
the modes of terminating official relations.
and the ship, have reduced the importance
[Suarez, Pol. Law Reviewer, 1st Ed., 2002,
of the law of the flag to merely one contact,
p. 2].
or connecting factor, among others in mari-
time conflicts of law. Law on Secrecy of Bank Deposits. The law
[RA 1405] which provides that all deposits of
Law of the person. Also Lex patriae. Wher-
whatever nature with banks or banking insti-
ever a person is a citizen, he had his laws
tutions are absolutely confidential in nature
follow him throughout the world. The French
and may not be examined, inquired or
Emperor Napoleon Bonaparte promoted this
looked into by any person, governmental of-
approach in the 1st Civ. Code of France
ficial, bureau or office, subject to certain ex-
(1804). He believed that the French Civ.
ceptions. See Secrecy in bank deposits or
Code was superior to all other forms of law,
Bank Secrecy Law.
and thus French citizens should benefit from
it, wherever they were. The orig. Civ. Code Law society. Group of individuals interested in
of France, at the 3rd par. of Art. 3, invoked the law.
the law of the citizen for questions of status
Law study. The acquisition of knowledge of
and capacity. Mancini advanced the lex pa-
triae theory further in the 2nd half of the 19th the law, as by reading or reflection, com-
century. The law of the flag, as a concept, monly as part of a course of study at a col-
was very similar to the concept of the law of lege or university.
the citizen, or person, of Napoleon and Lawful arrest without a warrant. An arrest
Mancini. made by a peace officer or a private individ-
Law of war. Intl. Law. A body of law concern- ual, without a warrant, under any of the fol-
ing acceptable justifications to engage in lowing circumstances: (a) When, in his
war (jus ad bellum) and the limits to ac- presence, the person to be arrested has
ceptable wartime conduct (jus in bello or Intl. committed, is actually committing or is at-
tempting to commit an offense; (b) When an
humanitarian law). The law of war is consid-
ered an aspect of public intl. law (the law of offense has just been committed and he has
nations) and is distinguished from other bod- probable cause to believe based on person-
al knowledge of facts or circumstances that
ies of law, such as the domestic law of a
particular belligerent to a conflict, that may the person to be arrested has committed
it; and (c) When the person to be arrested is

557
a prisoner who has escaped from a penal Lay corporation. A corp. organized for a pur-
establishment or place where he is serving pose other than religion. [De Leon, Corp.
final judgment or is temporarily confined Code of the Phil. Annotated, 1989 Ed., p.
while his case is pending, or has escaped 39]. Compare with Ecclesiastical corpora-
while being transferred from one confine- tion.
ment to another. [Rebellion v. People, GR
Lay days. The days that a charterer may keep
175700, July 5, 2010].
a chartered ship idle for the loading of
Lawful interest rate. The rate of interest pre- goods.
scribed by law as the highest which may be
Layering. [The stage of money laundering that
lawfully contracted for or exacted. [Martin,
deals with] the separation of the criminal
Commentaries and Jurisp. on Comml. Laws,
proceeds from their source by creating lay-
Vol. 1, 1988 Rev. Ed., p. 415]. Compare
ers of financial transactions to disguise the
with Legal interest rate.
audit trail. [Sec. 1, Rule 4, RA 9160]. Com-
Lawful means. The means employed [in the pare with Placement and Integration.
exercise of police power] which are reason-
Laying of a predicate. Evid. [This] in essence
ably necessary to the attainment of the ob-
means simply that it is the duty of a party
ject sought to be accomplished and not un-
trying to impugn the testimony of a witness
duly oppressive upon individuals. [DECS v.
by means of prior or, for that matter, subse-
San Diego, GR 89572. Dec. 21, 1989].
quent inconsistent statements, whether oral
Lawful subject. The interests of the public or in writing, to give the witness a chance to
generally (in the exercise of police power), reconcile his conflicting declarations, such
as distinguished from those of a particular that it is only when no reasonable explana-
class, which require the interference of the tion is given by him that he should be
State. [DECS v. San Diego, GR 89572. Dec. deemed impeached. [People v. Relucio, GR
21, 1989]. L-38790, Nov. 9, 1978].
Laws of the Indies. Sp. Leyes de Indias. Tthe Laying the predicate. Evid. Requisites com-
entire body of laws issued by the Spanish prising the proper procedure for impeaching
Crownfor its Amer. and Phil. possessions of a witness by evidence of alleged incon-
its empire. They regulated social, political sistent statements, that is: (a) by confronting
and economic life in these areas. The laws the witness with such statements, with the
are composed of a myriad of decrees issued circumstances under which they were made;
over the centuries and the important laws of (b) by asking him whether he made such
the 16th century, which attempted to regu- statements, and (c) by giving him the
late the interactions bet. the settlers and na- chance to explain the inconsistency. If the
tives, such as the Laws of Burgos (1512) statements were made in writing, the docu-
and the New Laws (1542). ments must be shown to the witness before
he may be asked to explain the discrepancy.
Lawsuit. An action or proceeding in a civil
Unless the witness is given the opportunity
court; term used for a suit or action bet. 2
to explain the inconsistency, the impeach-
private parties in a court of law.
ment is incomplete. [Regalado, Remedial
Lawyer. A person trained in the law and au- Law Compendium, 6th Rev. Ed., p. 537].
thorized to advise or represent others in le-
Laying the predicate rule. The rule embodied
gal matters. A person licensed to practice
in Sec. 13, Rule 132 of the Rules of Court
law. Also known as an Attorney-at-Law.
which provides that ―[b]efore a witness can
Lawyering. The work of practicing law. be impeached by evidence that he has
made at other times statements inconsistent
Lawyer’s oath. See Attorney’s oath.
with his present testimony, the statements

558
must be related to him, with the circum- is declared hostile. Compare with Mislead-
stances of the times and places and the ing question.
persons present, and he must be asked
League of Nations. Intergovernmental org.,
whether he made such statements, and if
established in 1919 at the Paris Peace Con-
so, allowed to explain them. If the state-
vention, for the promotion of intl. peace and
ments be in writing they must be shown to
security. Dissolved in 1946. Its assets incl.
the witness before any question is put to him
the Palais des Nations in Geneva were
concerning them.‖
transferred to the UN.
Lay-off. A termination initiated by the employ-
Learner. 1. Labor. Persons hired as trainees in
er without prejudice to recall or rehiring of a
semi-skilled and other industrial occupations
worker who has been temporarily separated
which are non-apprenticeable and which
from the service. [Poquiz, Labor Rel. Law,
may be learned through practical training on
1999 Ed. p. 22]. See Retrenchment.
the job in a relatively short period of time
Layout design or topography. Intel. Prop. which shall not exceed 3 months. [Art. 73,
The 3-dimensional disposition, however ex- LC]. 2. Basic Education Act of 2001. Any in-
pressed, of the elements, at least one of dividual seeking basic literacy skills and
which is an active element, and of some or functional life skills or support services for
all of the interconnections of an integrated the improvement of the quality of his/her life.
circuit, or such a 3-dimensional disposition [Sec. 4, RA 9155].
prepared for an integrated circuit intended
Learnership. A means of obtaining a qualifica-
for manufacture. Registration is valid for 10
tion while working.
years without renewal counted from date of
commencement of protection. Learnership agreement. The employment
and training contract entered into bet. the
LCE. See Local Chief Executive.
employer and the learner. [Art. 73, LC].
LCM. See Land classification map.
Learning center. A physical space to house
LCR. Local Civil Registrar. learning resources and facilities of a learn-
ing program for out-of-school youth and
Leading question. 1. A question which sug-
adults. It is a venue for face-to-face learning
gests to the witness the answer which the
and activities and other learning opportuni-
examining party desires. [Sec. 10, Rule 132,
ties for community development and im-
RoC]. 2. A question that suggests the par-
provement of the people's quality of life.
ticular answer or contains the information
[Sec. 4, RA 9155].
the examiner is looking to have confirmed.
Also called Suggestive interrogation. Learning facilitator. The key learning support
person who is responsible for supervising or
Leading questions. 1. Questions which are
facilitating the learning process and activi-
so put that the witness merely assents to or
ties of the learner. [Sec. 4, RA 9155].
dissents from a statement or assertion of an
examining counsel put with such vocal in- Lease. A contract whereby a person grants
flection as to be a question. [People v. Ca- temporarily the use of a thing for an agreed
paras, GR L-47411. Jan. 18, 1982]. 2. consideration.
Questions which suggests an answer; usu.
Lease contract. 1. A consensual, bilateral,
answerable by yes or no. These are forbid-
onerous and commutative contract by which
den to ensure that the witness is not
one person binds himself to grant temporari-
coached by their lawyer through his testi-
ly the use of a thing or the rendering of
mony. Leading questions are only accepta-
some service to another who undertakes to
ble in cross-examination or where a witness
pay some rent, compensation or price. [Ki-
losbayan v. Morato, GR 118910. July 17,

559
1995]. 2. A special kind of contract bet. a Legal aid. Professional legal services availa-
property owner and a person wanting tem- ble usu. to persons or orgs. unable to afford
porary enjoyment and use of the property, in such services.
exchange for rent paid to the property own-
Legal aid cases. Those actions, disputes, and
er. Where the property is land, a building, or
controversies that are criminal, civil and ad-
parts of either, the property owner is called a
ministrative in nature in whatever stage
landlord and the person that contracts to re-
wherein indigent and pauper litigants need
ceive the temporary enjoyment and use is
legal representation. [Proposed Rule on
called a tenant.
Mandatory Legal Aid Service for Practicing
Leasehold. Real property held under a lease. Lawyers, Sec. 4, BM 2012, Feb. 10, 2009].
Leave. 1. Willful departure with intent to re- Legal brief. Rem. Law. A written legal argu-
main away and not temporary absence with ment submitted to a court, outlining the facts
intention of returning. 2. A positive and vol- derived from the factual statements in the
untary act of departure and does not include witness‘s statements of fact and citing the
death, which is involuntary. [Marcopper Min- legal authorities relied upon by a party in a
ing Corp. v. NLRC, GR 83207. Aug. 5, case submitted in connection with petitions,
1991]. 3. Permission or authorization to do counter-petitions (i.e., petitions to vacate or
something. to set aside and/or to correct or modify in
opposition to petitions to confirm or to rec-
Leave of court. Permission obtained from a
ognize and enforce, or petitions to confirm
court to take some action which, without
or to recognize and enforce in opposition to
such permission, would not be allowable.
petitions to vacate or set aside and/or cor-
Lechery. Lust. rect or modify), motions, evidentiary issues
and other matters that arise during the
Ledger. A book of final entry to which are course of a case. The legal brief shall state
posted the classified accounts or items of all
the applicable law and the relevant jurispru-
transactions entered in the journal or its dence and the legal arguments in support of
equivalent. [Martin, Commentaries and Ju- a party‘s position in the case. [Special Rules
risp. on Comml. Laws, Vol. 1, 1988 Rev. of Court on ADR, Rule 1.11, AM 07-11-08-
Ed., p. 34]. SC, Sep. 1, 2009].
Legacy. Succ. 1. A provision in a will which
Legal capacity. Intl. Law. Qualification or
leaves certain property to a designated indi- authority, such as the qualification or author-
vidual. Sometimes referred to as a bequest. ity to carry on intl. relations.
[Torres, Oblig. & Cont., 2000 Ed., p. 352]. 2.
Gifts of personal property given by virtue of Legal capacity to sue. It refers to the fact that
a will. Compare with Devise. a party is not suffering from any disability
such as minority, insanity, covertures, lack
Legal Adoption Law. RA 9523 entitled ―An of juridical personality, incompetence, civil
Act requiring certification of the DSWD to interdiction or does not have the character
declare a ‗child legally available for adop-
or representation which he claims or with
tion‘ as a prerequisite for adoption proceed- respect to foreign corp., that it is doing busi-
ings, amending for this purpose certain pro- ness in the Phils. with a license. [Bench
visions of RA 8552, otherwise known as the Book for Trial Court Judges, p. 2-19].
Domestic Adoption Act of 1998, RA 8043,
otherwise known as the Inter-country Adop- Legal capital. Corp. Law. The amount equal
tion Act of 1995, PD 603, otherwise known to the aggregate par value and/or issued
as the Child and Youth Welfare Code, and value of the outstanding capital stock. [De
for other purposes‖ enacted on Mar. 12, Leon, Corp. Code of the Phil. Annotated,
2009. 1989 Ed., pp. 53-54].

560
Legal compensation. Compensation which owes to the court, to his client, to his col-
takes place by operation of law, even leagues in the profession and to the public.
though the debts may be payable at differ- [Malcolm, Legal and Judicial Ethics].
ent places, but there shall be an indemnity
Legal ethics and professional responsibil-
for expenses of exchange or transportation
ity. The area of law that involves the princi-
to the place of payment. [Art. 1286, CC].
ples of conduct governing an individual or a
Compare with Voluntary compensation.
group, specifically the legal industry.
Legal custody. A child custody decision which
Legal evidence. Evidence which is not con-
entails the right to make, or participate in,
fined to the human voice or oral testimony
the significant decisions affecting a child's
but also includes every tangible object ca-
health and welfare.
pable of making a truthful statement.
Legal delivery. See Constructive delivery.
Legal exchange rate. Also Par of change.
Legal discretion. Discretion which is exer- The official rate of exchange, established by
cised in discerning the course prescribed by a govt., in contrast to the free market rate. It
law and which, when discerned, it is the duty signifies the amount it takes of one currency
of the court to follow. [People v. Dacuycuy, [for example, based on gold] to buy a unit in
GR L-45127. May 5, 1989]. another currency [also based on gold] that
is, how many pieces of the one unit (or their
Legal dispute. A disagreement as to the ex-
gold content) are necessary to equal the
istence of a legal right or obligation, or as to
gold content of the other unit. [Gonzalo L.
the nature and extent of the compensation
Manuel & Co. v. Central Bank, GR L-21789.
due for the breach of such a right or obliga-
Apr. 30, 1971].
tion.
Legal fees. The legal fees imposed under
Legal document available. The papers at
Rule 141 of the Rules of Court as a neces-
hand with respect to the property. [Memo.
sary incident of instituting an action in court
from the Exec. Sec. dated Aug. 20, 1998].
either as an orig. proceeding or on appeal.
Legal duty. In libel, a provision of law confer- In particular, it includes filing or docket fees,
ring upon the accused the duty to communi- appeal fees, fees for issuance of provisional
cate. remedies, mediation fees, sheriff‘s fees,
stenographer‘s fees (that is fees for tran-
Legal easements. Easements imposed by law
script of stenographic notes) and commis-
which have for their object either public use sioner‘s fee. [Sec. 1, Art. 2, AM 08-11-7-SC
or the interest of private persons. [Art. 634, (IRR), Sep. 10, 2009].
CC].
Legal guardian. Any person duly appointed by
Legal entity of the separate personality of a court of competent authority to exercise
the corporation doctrine. The doctrine that care and custody of or parental authority
a corp. may not be made to answer for acts over the person of such child or employee.
and liabilities of its stockholders or those of [Sec. 2, RA 7658].
legal entities to which it may be connected
or vice versa. [Panay, Inc. v. Clave, GR L- Legal heirs. The term is used in Sec. 119 of
56076, Sep. 21, 1983]. the Public Land Act in a generic sense. It is
broad enough to cover any person who is
Legal estate in fee simple. An interest in real called to the succession either by provision
estate in the form of absolute ownership, of a will or by operation of law. Thus, legal
subject only to legal limitations.
heirs include both testate and intestate heirs
Legal ethics. The branch of moral science depending upon whether succession is by
which treats of the duties which an attorney the will of the testator or by law. Legal heirs
are not necessarily compulsory heirs but

561
they may be so if the law reserves a legitime the proper dispensation of justice. [Olarte,
for them. [Madarcos v. Dela Merced, GR Legal Med., 1st Ed. (2004), p. 1].
39975. June 30, 1989]. See Intestate heirs.
Legal name. The full 1st Christian name and
Legal hermeneutics. The systematic body of surname.
rules which arerecognized as applicable to
Legal offer. A proposal which must be certain
the construction and interpretation of legal
as to the object, the price and other essen-
writings. See Hermeneutics.
tial terms of the contract. [Art. 1319, CC].
Legal impossibility. Crim. Law. This occurs
Legal or Intestate succession. Legal or in-
where the intended acts, even if completed,
testate succession takes place: (a) if a per-
would not amount to a crime. Legal impos-
son dies without a will, or with a void will, or
sibility would apply to those circumstances
one which has subsequently lost its validity;
where: (a) the motive, desire and expecta-
(b) when the will does not institute an heir
tion is to perform an act in violation of the
to, or dispose of all the property belonging to
law; (b) there is intention to perform the
the testator. In such case, legal succession
physical act; (c) there is a performance of
shall take place only with respect to the
the intended physical act; and (d) the con-
property of which the testator has not dis-
sequence resulting from the intended act
posed; (c) if the suspensive condition at-
does not amount to a crime. [Intod v. CA,
tached to the institution of heir does not
GR 103119. Oct. 21, 1992].
happen or is not fulfilled, or if the heir dies
Legal interest. Advantage, profit, right, or before the testator, or repudiates the inher-
share recognized in law, such as a legal ti- itance, there being no substitution, and no
tle. right of accretion takes place; (d) when the
heir instituted is incapable of succeeding,
Legal interest rate or Legal interest. That
except in cases provided in the Civ. Code.
rate of interest fixed by law at 12% per an-
[Art. 960]. Compare with Testamentary
num which will prevail in the absence of any
succession.
special agreement as to the rate bet. the
parties. [Martin, Commentaries and Jurisp. Legal order. The authoritative code of a polity.
on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. Such code consists of all the rules found in
415]. Compare with Lawful interest rate. the enactments of the organs of the polity.
Where the state operates under a written
Legal jeopardy. Requisites: It attaches only:
constitution, its organs may be readily de-
(a) upon a valid indictment, (b) before a
termined from a reading of its provisions.
competent court, (c) after arraignment, (d) a
Once such organs are ascertained, it be-
valid plea having been entered, and (e) the
comes an easy matter to locate their enact-
case was dismissed or otherwise terminated
ments. The rules in such enactments, along
without the express consent of the accused.
with those in the constitution, comprise the
[Martinez v. CA, GR 112387. Oct. 13, 1994]
legal order of that constitutional state. [In
Legal liability. The state of one who is bound Re: Puno, AM 90-11-2697-CA. June 29,
in law and justice to do something which 1992].
may be enforced by action.
Legal owner. Entity that has an enforceable
Legal malice. Improper or sinister motives. claim or title to an asset or property, and is
[Buchanan v. Vda. De Esteban, GR L- recognized as such by law.
10402, Nov. 30, 1915].
Legal ownership. The title of one who has the
Legal medicine. That branch of medicine that naked ownership.
applies medical and surgical concepts, sci-
Legal period. The period is fixed by law. [Di-
entific knowledge and skills to medicolegal
az, Bus. Law Rev., 1991 Ed., p. 16].
issues in order to assist the trier of facts in

562
Legal possessor. 1. One who, but for the Legal residence. The term imports not only
reservation of strict legal title in the condi- intention to reside in a fixed place but also
tional vendor, or giving of a strict legal title in personal presence in that place, coupled
a conditional vendor, or the giving of a strict with conduct indicative of such intention.
legal title to a chattel mortgagee, would [Chieng Yen v. Rep., GR L-18885. Jan. 31,
have the status of a full and unqualified 1964].
owner. 2. One who can do all acts of owner-
Legal resident. A person who has obtained
ship or acts of strict dominion except that he
permanent residency status in accordance
does not have strict legal title over the prop-
with the law of the host country. [Sec. 2,
erty.
IRR, RA 8042].
Legal process. A formal paper that is legally
Legal right. A right founded in or granted by
valid; something issuing from the court, usu.
law.
a command such as a writ or mandate.
Legal separation. The separation of the hus-
Legal redemption. The right to be subrogat-
band and wife from bed and board without
ed, upon the same terms and conditions
having the marriage bond severed.
stipulated in the contract, in the place of one
who acquires a thing by purchase or dation Legal separation. Grounds: (a) Repeated
in payment, or by any other transaction physical violence or grossly abusive conduct
whereby ownership is transmitted by oner- directed against the petitioner, a common
ous title. [Art. 1619, CC]. Compare with child, or a child of the petitioner; (b) physical
Conventional redemption. violence or moral pressure to compel the
petitioner to change religious or political affil-
Legal redemption. Requisites: (a) There must
iation; (c) attempt of respondent to corrupt
be co-ownership; (b) one of the co-owners
or induce the petitioner, a common child, or
sold his right to a stranger; (c) the sale was
a child of the petitioner, to engage in prosti-
made before the partition of the co-owned
tution, or connivance in such corruption or
property; (d) the right of redemption must be
inducement; (d) final judgment sentencing
exercised by one or more co-owners within
the respondent to imprisonment of more
a period of 30 days to be counted from the
than 6 years, even if pardoned; (e) drug ad-
time he or they were notified in writing by
diction or habitual alcoholism of the re-
the co-owner vendor; and (e) the vendee
spondent; (f) lesbianism or homosexuality of
must be reimbursed the price of the sale.
the respondent; (g) contracting by the re-
[Aguilar v. Aguilar, GR 141613, Dec. 16,
spondent of a subsequent bigamous mar-
2005].
riage, whether in the Phils. or abroad; (h)
Legal representation. The act or instance of sexual infidelity or perversion; (i) attempt by
standing for or acting on behalf of another, the respondent against the life of the peti-
esp. by a lawyer on behalf of a client. tioner; or (j) abandonment of petitioner by
respondent without justifiable cause for
Legal representatives. Succ. 1. Legatees and
more than one year. [Art. 55, FC].
devisees of a deceased who become such
from the moment of death of the latter bec. Legal separation, Petition for. Grounds for
they are beneficially interested in and suc- denial: (a) Where the aggrieved party has
ceed to the properties and rights of the de- condoned the offense or act complained of;
cedent. 2. The term has been used to des- (b) where the aggrieved party has consent-
ignate an administrator or executor, devi- ed to the commission of the offense or act
sees and legatees, children, brothers and complained of; (c) where there is conniv-
sisters, and almost all degrees of relation- ance bet. the parties in the commission of
ship. the offense or act constituting the ground for
legal separation; (d) where both parties

563
have given ground for legal separation; (e) payment of a debt both private and public.
where there is collusion bet. the parties to [Diaz, Bus. Law Rev., 1991 Ed., p. 40].
obtain decree of legal separation; or (f)
Legal tender power of coins. (a) 1-Peso, 5-
where the action is barred by prescription.
Peso and 10-Peso coins: In amounts not
[Art. 56, FC].
exceeding P1,000.00; and (b) 25 centavo
Legal services to be performed by a lawyer. coin or less: In amounts not exceeding
Any activity which requires the application of P100.00. [Circular 537, 2006].
law, legal procedure, knowledge, training
Legal title. Title of one who has the naked
and experiences which shall include, among
ownership.
others, legal advice and counsel, and the
preparation of instruments and contracts, Legal writing. A specialized field of writing,
incl. appearance before the administrative the main concentration of which is the
and quasi-judicial offices, bodies and tribu- grammatical use of English. It may be divid-
nals handling cases in court, and other simi- ed into 2 main forms: advisory and argu-
lar services as may be defined by the Sup. mentative. The purpose of the former is to
Court. [Sec. 3, RA 9999]. inform, like opinion letters to clients. The
purpose of the latter is to persuade, like
Legal sovereignty. Pol. Law. The supreme
memorandums and briefs. [Cruz and
authority to enact laws to issue final com-
Quiason, Fundamentals of English Gram-
mands. [Suarez, Pol. Law Reviewer, 1st Ed.,
mar, 2001 Ed., pp. 7-8].
2002, p. 35]. Compare with Political sover-
eignty. Legally-free child. A child who has been vol-
untarily or involuntarily committed to the
Legal standing. 1. As a requisite for the exer-
DSWD, in accordance with the Child and
cise of judicial review, the term refers to a
Youth Welfare Code. [Sec. 3, RA 8043].
right of appearance in a court of justice on a
given question. 2. A personal and substan- Legatee. Succ. A person who receives per-
tial interest in the case such that the party sonal property through a will. Compare with
has sustained or will sustain direct injury as Devisee.
a result of the governmental act that is being
challenged. [De Joya v. PCGG, GR 96541. Legatees. Succ. Persons to whom gifts of
Aug. 24, 1993]. See Locus standi. personal property are given by virtue of a
will. [Art. 782, CC]. Compare with Devisees.
Legal subrogation. Subrogation which takes
place without agreement but by operation of Legation. 1. The act of sending a legate. 2. A
law bec. of certain acts; this is the subroga- diplomatic mission in a foreign country rank-
ing below an embassy; the diplomatic minis-
tion referred to in Art. 1302 of the Civ. Code.
[Chemphil v. CA, GR 112438-39. Dec. 12, ter and staff of such a mission; the premises
1995]. occupied by such a mission.
Legal tender. 1. All notes and coins issued by Legation, Right of. Intl. Law. The right of a
the Bangko Sentral [which] are fully guaran- state to maintain diplomatic relations with
other states. The right to send diplomatic
teed by the Rep. and [are] legal tender in
the Phils. for all debts, both public and pri- representatives is know as the active right of
vate. [Sec. 52, RA 7653]. 2. That currency legation while the right to receive diplomatic
which has been made suitable by law for the representatives is known as the ―Passive
purposes of a tender of the payment of right of legation.‖ [Cruz, Intl. Law Reviewer,
1996 Ed., p. 81].
debts. [Peralta v. Serrano, GR L-16523.
Nov. 29, 1960]. 3. Currency which a debtor Leges posteriores priores contrarias abro-
can legally compel a creditor to accept in gant. Lat. Subsequent laws repeal those be-
fore enacted to the contrary. A later statute

564
which is repugnant to an earlier statute is L-3820 July 18, 1950; Arnault v. Balagtas,
deemed to have abrogated the earlier one GR L-6749 July 30, 1955].
on the same subject matter. [Carabao, Inc.
Legislative franchise. A special privilege
v. Agricultural Productivity Commission, GR
granted by the state to corps. It is a privilege
L-29304. Sep. 30, 1970].
of public concern which cannot be at will
Legis interpretatio legis vim obtinet. Lat. and pleasure, but should be reserved for
The interpretation placed upon the written public control and administration, either by
law by a competent court has the force of the govt. directly, or by public agents, under
law. [People v. Jabinal, GR L-30061. Feb. such conditions and regulations as the govt.
27, 1974]. may impose on them in the interest of the
public. It is Congress that prescribes the
Legis vacuum abhorret. Lat. The law abhors
conditions on which the grant of the fran-
a vacuum. [Sanidad v. Comelec, GR L-
chise may be made. [Sen. Jaworski v. Phil.
44640, 12 Oct. 1976].
Amusement and Gaming Corp., GR 144463,
Legislate. To make or enact laws. Jan. 14, 2004].
Legislation. The act of giving or enacting Legislative lacuna. It refers to a situation
laws; the power to make laws via legislation where there is no applicable law. [Used in
in contrast to court-made laws. Canet v. Decena, GR 155344. Jan. 20,
2004].
Legislative approval by re-enactment, Prin-
ciple of. Where a statute is susceptible of Legislative power. 1. The authority of the
the meaning placed upon it by a ruling of the legislature to make laws and to alter or re-
government agency charged with its en- peal them. [Suarez, Stat. Con., (1993), p.
forcement and the Legislature thereafter re- 52]. 2. It is vested in the Congress of the
enacts the provisions without substantial Phils. consisting of the Senate and the
change, such action is to some extent con- House of Reps. [Sec. 1, Art. VI, 1987 Con-
firmatory that the ruling carries out the legis- sti.].
lative purpose. [Howden and Co., Ltd. v.
Legislative records. Records presented to, or
Coll. of Int. Rev., GR L-19392 Apr. 14,
belonging to the Phil. Senate and the House
1965].
of Reps. or any of its committees. [Sec. 4,
Legislative authorization. [The 2nd step in RA 9470].
the govt. budgeting process at which] stage,
Legislative rules. Rules which are in the na-
Congress enters the picture and deliberates
ture of subordinate legislations, designed to
or acts on the budget proposals of the Pres.,
implement a primary legislation by providing
and Congress in the exercise of its own
the details thereof. In the same way that
judgment and wisdom formulates an appro-
laws must have the benefit of public hearing,
priation act precisely following the process
it is generally required that before a legisla-
established by the Consti., which specifies
tive rule is adopted there must be hearing.
that no money may be paid from the Treas-
[Misamis Or. Assoc. of Coco Traders v.
ury except in accordance with an appropria-
DOF Sec., GR 108524. Nov. 10, 1994].
tion made by law. [Guingona, Jr. v. Cara-
Compare with Interpretative rule.
gue, GR 94571. Apr. 22, 1991].
Legislature. Congress; parliament.
Legislative contempt. The power which
though not expressly vested in Congress by Legitimacy. Lawfulness by virtue of being
the Consti. has been invoked by the legisla- authorized or in accordance with law.
tive body to punish non-members for con-
Legitimacy of a child. Grounds for impugn-
tempt and as a means of preserving its au-
ing: (a) That it was physically impossible for
thority and dignity [Arnault v. Nazareno, GR
the husband to have sexual intercourse with

565
his wife within the 1st 120 days of the 300 retroact to the time of the child's birth. [Art.
days which immediately preceded the birth 180, FC].
of the child bec. of: (a.1) the physical inca-
Legitimation. Requisites: (a) That the child be
pacity of the husband to have sexual inter-
a natural child; (b) that he be recognized by
course with his wife; (a.2) the fact that the
both parents either before or after a valid
husband and wife were living separately in
marriage; and (c) that there be a subse-
such a way that sexual intercourse was not
quent valid marriage of the parents [De San-
possible; or (a.3) serious illness of the hus-
tos v. Angeles, GR 105619. Dec. 12, 1995].
band, which absolutely prevented sexual in-
tercourse; (b) that it is proved that for biolog- Legitime. Succ. That part of the testator's
ical or other scientific reasons, the child property which he cannot dispose of bec.
could not have been that of the husband, the law has reserved it for certain heirs who
except in the instance provided in the 2nd are, therefore, called compulsory heirs. [Art.
par. of Art. 164, FC; or (c) that in case of 886, CC].
children conceived through artificial insemi-
nation, the written authorization or ratifica- Legua communal. Sp. Communal lands. A
tion of either parent was obtained through property held by a municipality for the state
in trust for the inhabitants which the state is
mistake, fraud, violence, intimidation, or un-
due influence. [Art. 166, FC]. free to dispose of at will. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 191].
Legitimate. That which is legal, lawful, recog-
nized by law or acc. to law. Lemon Law. Generally, it is a law obligating
manufacturers or sellers to repair, replace,
Legitimate children. 1. Children conceived or or refund the price of motor vehicles that
born during the marriage of the parents. [Art. prove to be defective. In the Phils., it is em-
164, FC]. 2. Those originally natural children bodied in RA 10642.
but later considered as legitimate by virtue
Lemon Law rights period. The period ending
of their recognition by both parents and the
latters' subsequent marriage. [In Re: Hofille- 12 months after the date of the orig. delivery
na v. Rep., GR L-26476. Aug. 31, 1970]. of a brand new motor vehicle to a consumer
Compare with Illegitimate children. or the first 20,000 kms. of operation after
such delivery, whichever comes first. This
Legitimate labor organization. Any labor org. shall be the period during which the con-
duly registered with the DOLE, and includes sumer can report any nonconformity, as de-
any branch or local thereof. [Art. 212(h), fined in Par. (k), Sec. 3 of RA 10642, to the
LC]. standards and specifications of the manu-
facturer, authorized distributor, authorized
Legitimate tenant. One who is not a usurper
dealer or retailer, and pursue any right as
or an occupant by tolerance. [Zansibarian
provided for under RA 10642. [Sec. 3, RA
Residents Asso. v. Mun. of Makati, GR L-
10642].
62136, Feb. 28, 1985].
Lemon laws. Amer. state laws that provide a
Legitimated children. Children conceived and
remedy for purchasers of cars and other
born outside of wedlock of parents who, at
consumer goods in order to compensate for
the time of the conception of the former,
products that repeatedly fail to meet stand-
were not disqualified by any impediment to
ards of quality and performance.
marry each other. [Art. 177, FC].
Lend. A purchase coupled with an agreement
Legitimation. It takes place by a subsequent
by the vendor to repurchase; Borrow in-
valid marriage bet. parents. The annulment
cludes a sale coupled with a similar agree-
of a voidable marriage shall not affect the
ment. [Sec. 3, RA 2629].
legitimation. [Art. 178, FC]. Its effects shall

566
Lending company. A corp. engaged in grant- cause of a functional irregularity or disturb-
ing loans from its own capital funds or from ance. 2. Civ. Law. The injury suffered by
funds sourced from not more than 19 per- one who does not receive a full equivalent
sons. It shall not be deemed to include for what he has given in a commutative con-
banking institutions, investment houses, tract.
savings and loan assocs., financing compa-
Lesiones graves. Sp. Grave physical injuries.
nies, pawnshops, insurance companies, co-
[US v. Perez, GR 11451. Oct. 19, 1916].
ops. and other credit institutions already
regulated by law. The term shall be synon- Lesiones leves. Sp. Slight physical injuries.
ymous with lending investors. [Sec. 3, RA [US v. Perez, GR 11451. Oct. 19, 1916].
9474].
Lesiones menos graves. Sp. Less grave
Lending Company Regulation Act of 2007. physical injuries. [US v. Perez, GR 11451.
RA 9474 entitled ―An Act Governing the Es- Oct. 19, 1916].
tablishment, Operation and Regulation of
Less grave felonies. Crim. Law. Those felo-
Lending Companies‖ enacted on May 22,
2007. nies which the law punishes with penalties
which in their maximum period are correc-
Lending investors. All persons who make a tional, in accordance with Art. 25 of the Rev.
practice of lending money for themselves or Penal Code. [Art. 9, RPC].
others at interest. [Sec. 1, PD 426].
Less serious physical injuries. Crim. Law.
Leniency. Recommendation for a sentence The felony committed by any person who
less than the maximum allowed. shall inflict upon another physical injuries
not described in Art. 263 and 264 of the
Lenity rule. [T]he doctrine that ―a court, in
Rev. Penal Code, but which shall incapaci-
construing an ambiguous criminal statute
tate the offended party for labor for 10 days
that sets out multiple or inconsistent pun-
or more, or shall require medical assistance
ishments, should resolve the ambiguity in
for the same period; or by any person who
favor of the more lenient punishment.‖ [Peo-
shall inflict less serious physical injuries with
ple v. Temporada. GR 173473, Dec. 17,
the manifest intent to kill or offend the in-
2008, Sep. Op., Corona, J]. See also In du-
jured person, or under circumstances add-
bio pro reo.
ing ignominy to the offense; or by any per-
Leprosy. A chronic, mildly contagious, infec- son who shall inflict any less serious physi-
tious disease characterized by both cutane- cal injuries upon the offender's parents, as-
ous and constitutional symptoms and the cendants, guardians, curators, teachers, or
production of various deformities and mutila- persons of rank, or persons in authority,
tions. [Clemente v. GSIS, GR L-47521. July provided that, in the case of persons in au-
31, 1987]. thority, the deed does not constitute the
crime of assault upon such person. [Art.
Lesbian. Also Tribadist. Legal Med. A woman
265, RPC].
homosexual who has the secret desire to
make love with another woman and most of Lessee. 1. The person renting a residential
whom have antipathy towards men. [Olarte, unit. [Sec. 3, RA 9653]. 2. The person
Legal Med., 1st Ed. (2004), p. 113]. renting a residential unit. [Sec. 2, BP 25;
Sec.4, RA 9161]. 3. The person and/or his
Lesion. 1. Civ. Law. Any damage suffered by
family renting the dwelling place, as well as
reason of the fact that the price is unjust or
sub-lessees. [Sec. 2, RA 6359; Sec. 2, RA
inadequate. [Diaz, Bus. Law Rev., 1991 Ed.,
6126].
p. 75]. 2. Legal Med. Any change in the
structure of an organ due to injury or dis- Lessor or Owner. The owner or administra-
ease, whether apparent or diagnosed as the tors or agents of the owner of the residential

567
unit. [Sec. 2, BP 25; Sec.4, RA 9161]. Own- may be: (a) The advising or notifying bank
er of the dwelling place and/or residential or the correspondent bank (agent) of the is-
site or the administrator or agent of such suing bank through which it advises the
owner, as well as sub-lessors. [Sec. 2, RA beneficiary of the LC; (b) The confirming
6359; Sec. 2, RA 6126]. bank which, upon the request of the benefi-
ciary, confirms the LC issued; (c) The pay-
Let the buyer beware. It is the buyer‘s re-
ing bank on which the drafts are to be
sponsibility to ensure the soundness of
drawn, which may be the issuing bank or
goods or services prior to his purchase of
another bank not in the city of the benefi-
them. See Caveat emptor.
ciary; and (d) The negotiating bank in the
Let the buyer beware doctrine. Also called city of the beneficiary which buys or dis-
Caveat emptor doctrine. A doctrine that of- counts the drafts contemplated by the LC, if
ten places on buyers the burden to reason- such draft is to be drawn on the opening
ably examine property before purchase and bank not in the city of the beneficiary.
take responsibility for its condition. This is
Letter of Credit (LC). Duration: (a) Upon the
esp. applicable to items that are not covered
period fixed by the parties; or (b) If none is
under a strict warranty.
fixed: a. 6 months from its date if used in the
Letter. A message in writing, which may be in Phils.; b. 12 months if used abroad. [Art.
any language or in code, contained in a 572, Uniform Customs & Practice for Docu-
sealed or unsealed envelope or not in an mentary Credits].
envelope at all, of such physical dimensions
Letter of Credit (LC). Essential conditions: (a)
and weights allowed by the corp. or the
Issued in favor of a definite person and not
govt., and intended for delivery to a person
to order. [The Uniform Commercial Practice
or entity displayed legibly on one of its fac-
for Documentary Credits allows letters of
es. [Sec. 2, RA 7354].
credit to be payable to order.]; (b) Limited to
Letter of credence. Also Lettre de creance. a fixed or specified amount, or to one or
Intl. Law. The document carried by a diplo- more amounts, but with a maximum stated
matic representative by virtue of which he is limit. [Art. 568, Uniform Customs & Practice
accredited to the receiving state with the re- for Documentary Credits]; and (c) Duration
quest that full faith and credit be given to his of 6 months, if used in the Phils., or one
official acts. [Cruz, Intl. Law Reviewer, 1996 year, if used abroad, unless the parties pro-
Ed., pp. 83-84]. vide for a different period. [Arts. 568 and
572, Code of Commerce]. If any of these
Letter of credit (LC). 1. A letter issued by one
essential conditions is not present, the in-
merchant to another for the purpose of at- strument is merely considered as a Letter of
tending to a commercial transaction. [Art. Recommendation.
567, Code of Commerce]. 2. A financial de-
vice developed by merchants as a conven- Letter of Credit (LC). Kinds: (a) Commercial
ient and relatively safe mode of dealing with Letters of Credit; and (b) Standby Letters of
sales of goods to satisfy the seemingly ir- Credit.
reconcilable interests of a seller, who refus-
Letter of Credit (LC). Nature and purpose: It
es to part with his goods before he is paid,
is designed primarily to ensure certainty of
and a buyer, who wants to have control of
payment. The seller is assured of payment
the goods before paying. [Bank of America
bec. the bank intervenes and makes the
v. CA, GR 105395. Dec. 10, 1993].
commitment to pay. This addresses prob-
Letter of Credit (LC). Additional parties: The lems arising from the seller‘s refusal to part
number of parties may be increased. Mod- with his goods before being paid and the
ern letters of credit usu. involve bank-to- buyer‘s refusal to part with his money before
bank transactions. The additional parties

568
acquiring the goods, thus, facilitating comment issued by a court that shows an ad-
mercial transactions. ministrator's legal right to take control of as-
sets in the deceased person's name. Com-
Letter of Credit (LC). Principal parties: (a)
pare with Letters testamentary.
The applicant, buyer or importer who pro-
cures the Letter of Credit, purchases the Letters rogatory. Rem. Law. An instrument
goods and obliges himself to reimburse the sent in the name and by the authority of a
issuing bank upon receipt of the documents judge or court to another, requesting the lat-
title; (b) The issuing bank which, whether a ter to cause to be examined, upon interroga-
paying bank or not, issues the Letter of tories filed in a cause pending before the
Credit and undertakes to pay the seller upon former, a witness who is within the jurisdic-
receipt of the draft and proper documents of tion of the judge or court to whom such let-
title from the seller and to surrender them to ters are addressed. [Dasmariñas Garments
the buyer upon reimbursement; and (c) The v. Reyes, GR 108229. Aug. 24, 1993].
beneficiary, seller or exporter in whose favor
Letters testamentary. Spec. Pro. The docu-
the instrument is executed. He is one who
ments issued by the court on a will which
delivers the documents of title and draft to
has been proved and allowed to the person
the issuing bank to recover payment.
named as executor therein, if he is compe-
Letter of Credit (LC). Stages: (a) Contract of tent, accepts the trust, and gives bond as
sale bet. the buyer and seller; (b) Applica- required by the Rules. [Sec. 4, Rule 78,
tion for LC by the buyer with the bank; (c) RoC]. Legal document issued by a court that
Issuance of LC by the bank; (d) Shipping of shows an executor's legal right to take con-
goods by the seller; (e) Execution of draft trol of assets in the deceased person's
and tender of documents by the seller; (f) name. Compare with Letters of administra-
Redemption of draft (payment) and obtain- tion.
ing of documents by the issuing bank; and
Lettre de creance. See Letter of credence.
(g) Reimbursement to the bank and obtain-
ing of documents by the buyer. Lettre de provision. See Letter patent.
Letter of Instructions (LOI). A directive of the Lettres reversals. Intl. Law. Fr. Declarations
Pres. of the Phils., issued in the exercise of that an alteration in ceremonial practices is
his administrative power of control, to heads being made only as an exception to the
of departments and/or officers under the ex- general rule. [Suarez, Pol. Law Reviewer, 1st
ecutive branch of the govt. for observance Ed., 2002, p. 1059].
by the officials and/or employees thereof.
Leukemia. A disease characterized by persis-
[People v. CFI of Bulacan, GR L-53674-75.
July 11, 1988]. tent increase in the white blood corpuscles,
associated with changes in the spleen, lym-
Letter patent. Also Lettre de provision. Intl. phatic glands and bone marrow. [Eliseo v.
Law. The commission issued by the sending WCC, GR L-43468. July 21, 1978].
state from which consuls derive their author-
Levy. 1. The seizure of property, personal
ity. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
90]. Compare with Exequatur. and/or real, belonging to the judgment debt-
or for subsequent execution sale to satisfy
Letters of administration. Spec. Pro. 1. The judgment. [Bench Book for Trial Court Judg-
documents issued by the court to the person es, p. 2-59]. 2. The essential act by which
named as administrator therein, if no execu- the property is set apart for the satisfaction
tor is named in the will, or the executor or of the judgment and taken into the custody
executors are incompetent, refuse the trust, of the law, and after it has been taken from
or fail to give bond, or a person dies intes- the defendant, his interest is limited to its
tate. [Sec. 6, Rule 78, RoC]. 2. Legal docu- application to the judgment, irrespective of

569
the time when it may be sold. [Jalandoni v. he be domiciled in the Phils. [Ong Huan Tin
PNB, GR L-47579. Oct. 9, 1981]. Compare v. Rep., GR L-20997, Apr. 27, 1967].
with Garnishment.
Lex fori. Lat. 1. The law of the forum. 2. The
Levy-and-grant system. A legal contribution internal law of the forum governs matters of
[often a percentage of the payroll] from par- remedy and procedure such as those relat-
ticipating employers who would be benefi- ing to the service of process upon a defend-
ciaries of a vocational or technical education ant. [Northwest Orient Airlines v. CA, GR
or training program which is subsequently 112573. Feb. 9, 1995].
turned over or rebated to enterprises offer-
Lex loci actus. Lat. The law of the place
ing employee training programs. [Sec. 1,
where the act was done. [Agpalo, Conflict of
IRR, RA 7796].
Laws, p. 5].
Levying war. An actual assemblage of per-
Lex loci celebrationis. Lat. The principle that
sons for the purpose of executing a trea-
applies the law of the place where the con-
sonable design. [Gregorio, Fund. of Crim.
tract was executed as far as the formalities
Law Rev., 1997 9th Ed., p. 362].
and solemnities [extrinsic validity] are con-
Lewd. Obscene, lustful, indecent, lascivious, cerned.
lecherous. It signifies that form of immorality
Lex loci contractus. Lat. The law of the place
which has relation to moral impurity; or that
of conclusion of the contracting.
which is carried on in a wanton manner.
[People v. Grefiel, GR 77228. Nov. 13, Lex loci damni. Lat. The law of the place
1992]. where the injury occurs. In other words, if an
injury appears in another country, the laws
Lewd design. Inherently lascivious acts exe-
of that country governs, provided that the
cuted with the particular design to inde-
tortfeasor should have foreseen that the
pendently derive vicarious pleasure there-
damage would occur there.
from.
Lex loci delicti. Lat. The law of the place of
Lex. Lat. Law.
the tort or delict.
Lex causae. Lat. The law applicable to the
Lex loci delicti commissi. Lat. 1. The law of
case.
the place where the delict was committed.
Lex contractus. Lat. he proper law of the [Paras, Phil. Conflict of Laws, 8th Ed. (1996),
contract. The law that governs the enforce- p. 390]. 2. Law of the place of wrong. [Mapa
ment of a contract and the intrinsic validity of v. CA, GR 122308. July 8, 1997].
its provisions.
Lex loci delictus. Lat. The law of the place
Lex de futuro, judex de præterito. Lat. The where the offense or wrong took place.
law provides for the future, the judge for the [Agpalo, Conflict of Laws, p. 5].
past. [Laceste v. Santos, GR 36886. Feb. 1,
Lex loci dimicillii. Lat. The law of the place of
1932].
domicile of a person. [Agpalo, Conflict of
Lex delationes semper exhorret. Lat. The Laws, p. 6].
law always abhors delays. [Medija v.
Lex loci intentionis. Lat. The law intended by
Patcho, GR L-30310. Oct. 23, 1984].
the parties expressly or implicitly.
Lex domicilii. Lat. The precept that governs
Lex loci rei sitae. Lat. The law of the place
and controls the status of an alien individual
where a thing is situated. [Agpalo, Conflict of
[from which it is implicit] that an alien may
Laws, p. 6]. Also Lex situs.
be allowed to change his name here only if

570
Lex loci solutionis. Lat. The law of the place Ley Hipotecaria. Sp. Mortgage Law of 1893.
of performance of the contract. [It] provided for the systematic registration of
titles and deeds as well as possessory
Lex loci voluntatis. Lat. An accepted doctrine
claims. [Collado v. CA, GR 107764, Oct. 4,
in intl. law that the relationship bet. the par-
2002]. See Spanish Mortgage Law.
ties to a contract shall be governed by the
law which they voluntarily agreed to apply. Leyes de Indias. Sp. Laws of the Indies. The
The law voluntarily agreed upon by the par- entire body of laws issued by the Spanish
tied. Crown for its Amer. and Phil. possessions of
its empire. They regulated social, political
Lex mercatoria. Lat. Law merchant. Common
and economic life in these areas. See Laws
commercial rules and procedures used
of the Indies.
throughout Europe in the Renaissance peri-
od. LGC. See Local Government Code of 1991.
Lex nationalii. Lat. The concept that citizen- LGU. See Local government units.
ship is the basis for determining the person-
Liabilities. Corp. Law. Monetary claims
al law applicable.
against the debtor, incl. stockholders ad-
Lex neminem cogit ad vana seu inutilia vances that have been recorded in the
peragenda. Lat. The law compels no one to debtor's audited financial statements as ad-
do futile or useless things. See Quod va- vances for subscription. [Sec. 4, RA 10142;
num et inutile est, lex non requirit. Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2,
2008].
Lex non requirit verificari quod apparet
curiae. Lat. The law does not require that to Liability. 1. The financial liability or anything
be verified which is apparent to the court. that can result in a transfer or disposal of an
asset through personal loans or otherwise
Lex patriae. Lat. Law of nationality. See Law
obtained from banks, financial institutions,
of the person.
GSIS, Pag-Ibig and the like. It includes not
Lex prospicit, non respicit. Lat. The law only those incurred by the declarant but also
looks forward not backward. [Laceste v. those of his/her spouse and unmarried chil-
Santos, GR L-36886, Feb. 1, 1932]. dren below 18 living in his/her household.
[CSC‘s Guidelines on the use of the rev.
Lex rei sitae. Lat. The rule that real or per- SALN form]. 2. Any legal obligation, either
sonal property is subject to taxation in the
due now or at some time in the future. It
state in which it is located, whether the could be a debt or a promise to do some-
owner is a resident or non-resident thereof. thing.
[De Leon, Fundamentals of Taxation, 2000
Ed., p. 48]. Liability. Sources: (a) Delay; (b) fraud; (c)
negligence; and (d) contravention of the
Lex reprobat moram. Lat. The law disap- tenor of the obligation. [Art. 1170, CC].
proves of delay. [Billones v. CIR, GR L-
17566. July 30, 1965]. Liability insurance. A contract of indemnity
for the benefit of the insured and those in
Lex semper intendit quod convenit rationi.
privity with him, or those to whom the law
Lat. The law always intends that which is in upon the grounds of public policy extends
accordance with reason. the indemnity against liability.
Lex situs. Lat. The applicable law regarding Liability of state for damages. The liability of
the acquisition, transfer and devolution of the State has 2 aspects, namely: (a) its pub-
the title to property [which] is the law where
lic or governmental aspects where it is liable
the property is located. [Agpalo, Conflict of for the tortious acts of special agents only;
Laws, p. 5]. (b) its private or business aspects (as when

571
it engages in private enterprises) where it business. Such claims are considered so
becomes liable as an ordinary employer. obviously harmful that malice need not be
[Paras, Civ. Code of the Phils. Annotated, proved to obtain a judgment for "general
1986 Ed., p. 961]. In this jurisdiction, the damages," and not just specific losses.
State assumes a limited liability for the
Libel, Persons responsible for. Crim.
damage caused by the tortious acts or con-
Law. (a) Any person who shall publish, ex-
duct of its special agent. [NIA v. Fontanilla,
hibit, or cause the publication or exhibition of
GR 61045. Dec. 1, 1989].
any defamation in writing or by similar
Liable. Legally responsible. means, shall be responsible for the same;
(b) the author or editor of a book or pam-
Liable for tax. Obligated to pay a tax. See
phlet, or the editor or business manager of a
Subject to tax.
daily newspaper, magazine or serial publica-
Libel. Crim. Law. 1. A public and malicious tion, shall be responsible for the defama-
imputation of a crime, or of a vice or defect, tions contained therein to the same extent
real or imaginary, or any act or omission, as if he were the author thereof; and (c)
condition, status, or circumstance tending to Owner of the printing plant which published
cause the dishonor, discredit, or contempt of the libelous article and all other persons who
a natural or juridical person, or to blacken in any way participated in or have connec-
the memory of one who is dead. [Art. 353, tion with its publication. [Art. 360, RPC, as
RPC]. See Defamatory allegation. 2. Cy- amended].
bercrime Law. The unlawful or prohibited
Libelous. Defamatory; slanderous.
acts of libel as defined in Art. 355 of the
Rev. Penal Code, as amended, committed Libelous imputation. The following requisites
through a computer system or any other must be met: (a) the allegation of a discred-
similar means which may be devised in the itable act or condition concerning another;
future. [Sec. 4, RA 10175]. (b) publication of the charge; (c) identity of
the person defamed; and (d) existence of
Libel. Crim. Law. Requisites: (a) It must be
malice. [Vasquez v. CA, GR 118971, 15
defamatory; (b) it must be malicious; (c) it
Sep. 1999].
must be given publicity; and (d) the victim
must be identifiable. [Alonzo v. CA, GR Libelous remarks. Crim. Law. Remarks or
110088. Feb. 1, 1995]. comments connected with the matter privi-
leged under the provisions of Art. 354 of the
Libel by means of writings or similar
Rev. Penal Code which, if made with malice,
means. Crim. Law. Libel committed by
shall not exempt the author thereof nor the
means of writing, printing, lithography, en-
editor or managing editor of a newspaper
graving, radio, phonograph, painting, theat-
from criminal liability. [Art. 362, RPC].
rical exhibition, cinematographic exhibition,
or any similar means. [Art. 355, RPC]. Liber baptisnorum. Lat. Baptismal book or
record. [People v. Ritter, GR 88582. Mar. 5,
Libel per quod. Libel which may be the result
1991].
of an inference. Usu., a word or a phrase
may be harmless by itself but becomes li- Liberal. Stat. Con. The term is often used to
belous when read with a particular circum- signify an interpretation which produces
stance. broader coverage or more inclusive applica-
tion of statutory concepts. What is called a
Libel per se. Broadcast or written publication
liberal construction is ordinarily one which
of a false statement about another which
makes a statute apply to more things or in
accuses him/her of a crime, immoral acts,
more situations than would be the case un-
inability to perform his/her profession, hav-
der strict construction.
ing a loathsome disease, or dishonesty in

572
Liberal construction. Stat. Con. A form of Librarianship, Practice of. The practice of
construction which allows a judge to consid- librarianship shall constitute in holding out
er other factors when deciding the meaning oneself as skilled in the knowledge, art and
of a phrase or document, purposely to pro- science of the org., dissemination, preserva-
mote its object and to assist the parties in tion and conservation of recorded infor-
obtaining just, speedy and inexpensive de- mation; the rendering, furnishing and con-
termination of every action and proceedings. tracting of professional services such as
This rule of construction is esp. useful where consultations and advice on the org. and
adherence to the letter of the law would re- management of libraries, data banks, re-
sult in absurdity and manifest injustice. search and information centers to clients on
[Casela v. CA, GR L-26754 Oct. 16, 1970)]. a fee basis or otherwise; the teaching of
subjects in the library and information sci-
Liberal construction of retirement laws
ences; and the signing or authenticating for
doctrine. Stat. Con. The doctrine that re-
clients of documents or reports when called
tirement laws are liberally construed and
for. [Sec. 2, RA 6966].
administered in favor of the persons intend-
ed to be benefited. All doubts as to the in- License. 1. [A] permit or privilege to do what
tent of the law should be resolved in favor of otherwise would be unlawful, and is not a
the retiree to achieve its humanitarian pur- contract bet. the authority, federal, state, or
poses. [Borromeo v. CSC, GR 96032 July municipal, granting it and the person to
31, 1991]. whom it is granted; neither is it property or a
property right, nor does it create a vested
Liberal interpretation. Stat. Con. Interpreta-
right; nor is it taxation. [37 C.J. 168]. The
tion agreeing to what the reader believes the
granting [thereof] does not create irrevoca-
author reasonably intended.
ble rights, neither is it property or property
Liberty. Pol. Law. Freedom; exemption from rights [Oposa v. Factoran, GR 101083. July
extraneous control. Freedom from all re- 30, 1993]. 2. Labor. A document issued by
straints except such as are justly imposed the DOLE authorizing a person or entity to
by law. Freedom from restraint, under condi- operate a private employment agency. [Art.
tions essential to the equal enjoyment of the 13, LC]. 3. Optical Media Law. The authority
same right by others; freedom regulated by granted by the Optical Media Board (OMB)
law. to establishments or entities registered with
the OMB to engage in the business of mas-
Liberty in contracts. The liberty of individuals tering, manufacture, replication, importation
and groups such as corps. to form contracts
or exportation of optical media. [Sec. 3, RA
without govt. restrictions. See Autonomy in 9239].
contracts.
License tax. Also License fee. 1. An imposi-
Liberty of abode and travel. Consti. Law. The tion or exaction on the right to use or dis-
right of a person to have his home or to pose of a property, to pursue a business,
maintain or change his home, dwelling, resi-
occupation, or calling, or to exercise a privi-
dence or habitation in whatever place he lege. [Villanueva v. City of Iloilo, GR L-
has chosen, within the limits prescribed by 26521. Dec. 28, 1968]. 2. It is often used in-
law and to go where he pleases without indiscriminately to designate impositions ex-
terference from anyone, except in the inter- acted for the exercise of various privileges.
est of natl. security, public safety or public
It does not refer solely to a license for regu-
health, as may be provided by law. [Suarez, lation, In many instances, it refers to reve-
Pol. Law Reviewer, 1st Ed., 2002, p. 175]. nue raising exactions on privileges or activi-
LIBOR. See London Interbank Offered Rate. ties. [Victorias Milling, Co., Inc. v. Mun. of
Victorias, GR L-21183. Sep. 27, 1968].

573
Licensed citizen. Any Filipino who complies Life estate. A right to use and to enjoy land
with the qualifications set forth in RA 10591 and/or structures on land only for the life of
and duly issued with a license to possess or the life tenant. The estate reverts back to
to carry firearms outside of the residence in the grantor (or to some other person), at the
accordance with [said] Act. [Sec. 3, RA death of the person to whom it is given.
10591].
Life imprisonment. Crim. Law. A penalty
Licensed juridical entity. Corps., orgs., busi- which does not carry with it any accessory
nesses incl. security agencies and LGUs penalty, and does not appear to have any
which are licensed to own and possess fire- definite extent or duration. [People v. Layno,
arms in accordance with RA 10591. [Sec. 3, GR 110833. Nov. 21, 1996]. Compare with
RA 10591]. Reclusion perpetua.
Licensing. 1. Agency process involving the Life insurance. 1. Insurance on human lives
grant, renewal, denial, revocation, suspen- and insurance appertaining thereto or con-
sion, annulment, withdrawal, limitation, nected therewith. [Sec. 179, IC]. 2. An in-
amendment, modification or conditioning of surance upon life [which] may be made
a license. [Sec. 2, Chap. 1, Book VII, EO payable on the death of the person, or on
292]. 2. Licensing. The process of approval his surviving a specified period, or otherwise
of an application to operate or establish an contingently on the continuance or cessation
establishment prior to engaging in the of life. [Sec. 180, IC]. 3. That which is paya-
manufacture, importation, exportation, sale, ble on the death of a person or on his sur-
offer for sale, distribution, transfer, and viving a specified period, or otherwise con-
where applicable the use, testing, promo- tingently on the continuance of cessation of
tion, advertisement, and/or sponsorship of life [Sec. 180, IC]. It is a mutual agreement
health products. [Sec. 9, RA 9711]. by which a party agrees to pay a given sum
on the happening of a particular event con-
Lien. 1. A statutory or contractual claim or
tingent on the duration of human life, in con-
judicial charge on real or personal property
sideration of the payment of a smaller sum
that legality entities a creditor to resort to
immediately or in periodical payments by the
said property for payment of the claim or
other party.
debt secured by such lien. [Sec. 4, RA
10142]. 2. Legal right to take or hold proper- Life insurance policy. Kinds: (a) Ordinary life,
ty of a debtor as a payment or severity from general life or old line policy – Insured pays
a debt or obligation. [Memo. from the Exec. a premium every year until he dies. Surren-
Sec. dated Aug. 20, 1998]. 3. An existing der value after 3 years; (b) Limited payment
burden or charge on the property. [People v. – Insured pays premium for a limited period.
CA, GR 81541. Oct. 4, 1989, 5th Ed. (1979)]. It is payable only at the death of the insured;
4. A property right which remains attached (c) Endowment – Insured pays a premium
to an object that has been sold, but not total- for a specified period. If he outlives the peri-
ly paid for, until complete payment has been od, the face value of the policy is paid to
made. It may involve possession of the ob- him; if not, his beneficiaries receive benefit;
ject until the debt is paid or it may be regis- (d) Term insurance – Insured pays once on-
tered against the object (esp. if the object is ly, and he is insured for a specified period. If
real estate). he dies within the period, his beneficiaries
benefit. If he outlives the period, no person
Liens, encumbrances. legal problems. Con-
benefits from the insurance. Also known as
ditions which prevent an outright disposal of
temporary insurance; (e) Industrial life – Life
property. [Memo. from the Exec. Sec. dated
insurance entitling the insured to pay premi-
Aug. 20, 1998].
ums weekly, or where premiums are paya-
ble monthly or oftener; and (f) Variable con-

574
tract – Any policy or contract on either a debtor for the purpose of applying the same
group or individual basis issued by an insur- to the payment of the debt. [Art. 287, RPC].
ance company providing for benefits or oth-
Light durables. Non-consumable items porta-
er contractual payments or values thereun-
ble or transportable as accompanied per-
der to vary so as to reflect investment re-
sonal baggage in the course of travel. [Cus-
sults of any segregated portfolio of invest-
toms AO 3-95, Dec. 6, 1995].
ment.
Light felonies. Crim. Law. Those infractions of
Life tenant. The beneficiary of a Life estate.
law for the commission of which a penalty of
Lifeblood. The indispensable factor or influ- arresto menor or a fine not exceeding P200
ence that gives something its strength and or both is provided. [Art. 9, RPC].
vitality.
Light penalties. Crim. Law. The following are
Lifeblood theory. The theory that taxes are light penalties under the Rev. Penal Code:
the lifeblood of the govt. and so should be Arresto menor, public censure, and fine,
collected without unnecessary hindrance. whether imposed as a single of as an alter-
On the other hand, such collection should native penalty, which is less than 200 pesos.
be made in accordance with law as any arbi- [Arts. 25-26, RPC].
trariness will negate the very reason for
Light threats. Crim. Law. 1. Any threat to
govt. itself. It is therefore necessary to rec-
commit a wrong not constituting a crime,
oncile the apparently conflicting interests of
made in the manner expressed in subdivi-
the authorities and the taxpayers so that the
sion 1 of Art. 282 of the Rev. Penal Code.
real purpose of taxation, which is the promo-
[Art. 283, RPC]. 2. The felony committed by:
tion of the common good, may be achieved.
(a) any person who, without being included
[CIR v. CA, GR L-28896. Feb. 17, 1988].
in the provisions of Art. 284 of the Rev. Pe-
Lifeline. A rope or line used for life-saving, nal Code, shall threaten another with a
typically one thrown to rescue someone in weapon or draw such weapon in a quarrel,
water or one used by sailors to secure unless it be in lawful self-defense; (b) any
themselves to a boat. person who, in the heat of anger, shall orally
threaten another with some harm not consti-
Lifeline rate. 1. A socialized pricing mecha-
tuting a crime, and who by subsequent acts
nism for the marginalized end-users set by
show that he did not persist in the idea in-
the ERC, which shall be exempted from the
volved in his threat, provided that the cir-
cross subsidy phase-out under [RA 9136, as
cumstances of the offense shall not bring it
amended] for a period of twenty (20) years,
within the provisions of Art. 282 of the Rev.
unless otherwise extended by law. [Sec. 73,
Penal Code; (c) any person who shall orally
RA 9136, as amended by RA 10150]. 2. The
threaten to do another any harm not consti-
subsidized rate given to low-income captive
tuting a felony. [Art. 285, RPC].
market [of electricity] end-users who cannot
afford to pay at full cost. [Sec. 4, RA 9136]. Light weapons. Class-A Light weapons which
refer to self-loading pistols, rifles and car-
Lifetime Member. Health Ins. A former mem-
bines, submachine guns, assault rifles and
ber who has reached the age of retirement
light machine guns not exceeding caliber
under the law and has paid at least 120
7.62MM which have fully automatic mode;
monthly premium contributions. [Sec. 3, RA
and Class-B Light weapons which refer to
10606]
weapons designed for use by 2 or more
Light coercions. Crim. Law. The felony com- persons serving as a crew, or rifles and ma-
mitted by any person who, by means of vio- chine guns exceeding caliber 7.62MM such
lence, shall seize anything belonging to his as heavy machine guns, handheld un-
derbarrel and mounted grenade launchers,

575
portable anti-aircraft guns, portable anti-tank Limited jurisdiction. Courts that are limited in
guns, recoilless rifles, portable launchers of the types of criminal and civil cases they
anti-tank missile and rocket systems, porta- may hear.
ble launchers of anti-aircraft missile sys-
Limited liability doctrine. Mar. Ins. [The doc-
tems, and mortars of a caliber of less than
trine holding that] the liability of the ship-
100MM. [Sec. 3, RA 10591].
owner of a ship is confined to the vessel,
Lighter. A flat-bottomed boat or barge used in equipment, and freight, or insurance, if any,
loading or unloading cargo to or from ves- so that if the shipowner abandoned the ship,
sels. [Sec. 3, PD 857]. equipment, and freight, his liability is extin-
guished. However, the doctrine does not
Like product. A domestic product which it
apply when the shipowner or captain is
identical, i.e., alike in all respects to the im-
guilty of negligence. [Suggested Answer for
ported product under consideration, or in the
the 1999 Bar, UPLC, (2002), p. 41]. Com-
absence of such a product, another domes-
pare with Inscrutable fault doctrine. See
tic product which, although not alike in all
also Doctrine of limited liability.
respects, has characteristic: closely resem-
bling those of the imported product under Limited liability doctrine. Mar. Ins. Excep-
consideration. [Sec. 4, RA 8800]. tion: When the damage is due to the fault of
the shipowner or to the concurrent negli-
Limitation of action. The loss of the right to
gence of the shipowner and the captain, in
enforce an action by the lapse of time.
which case the shipowner shall be liable to
Limited access. A fishery policy by which a the full extent of the damage. [Aboitiz Ship-
system of equitable resource and allocation ping Corp. v. New India Assurance Ltd., GR
is established by law through fishery rights 156978, May 2, 2006],
granting and licensing procedure as provid-
Limited liability rule. Mar. Ins. The ship own-
ed by the Phil. Fisheries Code of 1998.
er's or agent's liability is merely co-extensive
[Sec. 4, RA 8550].
with his interest in the vessel such that a to-
Limited access facility. A highway or street tal loss thereof results in its extinction. "No
esp. designed for through traffic, and over, vessel, no liability" expresses in a nutshell
from, or to which owners or occupants of the limited liability rule. [The Govt. of the
abutting land and other persons have no Phil. Islands v. The Insular Maritime Co., GR
right of easement or only a limited right of L-21495 Mar. 18, 1924].
easement of access, light, air, or view by
Limited liability rule. Mar. Ins. Exceptions:
reason of the fact that their property abuts
(a). Where the injury or death of a passen-
upon such limited access facility or for any
ger is either due to the fault of the shipowner
other reason. Such highways or streets may
or the concurring negligence of the ship cap-
be parkways, from which trucks, busses,
tain and the owner; (b) where the vessel is
and other commercial vehicles shall be ex-
insured; or (c) in cases of workmen's com-
cluded; or they may be free ways open to
pensation claims. [Chua Yek Hong v. IAC,
use by all customary forms of street and
GR 74811 Sep. 30, 1988].
highway traffic. [Sec. 2, RA 2000].
Limited partner. 1. A partner who has agreed
Limited capacity doctrine. The doctrine
to be liable only to the extent of his invest-
adopted by [the] corp. law under which a
ment. A limited partner, though, has no right
corp. has only such powers as are expressly
to manage the partnership and is usu. just
granted or those that are necessarily implied
an investor or promoter. 2. A unique col-
from those expressly granted or those which
league in a partnership relationship who has
are incidental to its existence. [Sec. 2, Corp.
agreed to be liable only to the extent of his
Code].
investment. Limited partners, though, have

576
no right to manage the partnership. Com- agency level giving emphasis on the ac-
pare with General Partner. counting aspect of the govt. operations in
terms of items bought or paid.
Limited partnership. A partnership formed by
2 or more persons under the provisions of Line-item veto. The power of an executive
the Art. 1844 of the Civ. Code, having as authority to nullify or cancel specific provi-
members one or more general partners and sions of a bill, usu. a budget appropriations
one or more limited partners. The limited bill, without vetoing the entire legislative
partners as such shall not be bound by the package.
obligations of the partnership. [Art. 1843,
Liner service. The operation of a common
CC]. Compare with General partnership.
carrier which publicly offers its services
Limited payment. A life insurance policy without discrimination to any user, has regu-
where the insured pays premium for a lim- lar ports of call or destination, fixed sailing
ited period. It is payable only at the death of schedules and frequencies and published
the insured. freight rates and attendant charges and usu.
carries multiple consignments. [Sec. 1, RA
Limited proxy. Corp. Law. One that restricts
9515].
the authority to vote to specified matters on-
ly and may direct the manner in which the Line-up. A process by which a crime victim or
vote shall be cast. Compare with General witness' putative identification of a suspect
proxy. is confirmed to a level that can count as evi-
dence at trial. See Police line-up.
Lina Law. RA 7279, otherwise known as the
Urban Development and Housing Act Line-ups. [Out-of-court identification(s) con-
(UDHA) of 1992. ducted by the police] where a witness identi-
fies the suspect from a group of persons
Line item. See Line-item.
lined up for the purpose. [People v. Tee-
Lineal. In a direct line of descent or ancestry. hankee, GR 111206-08. Oct. 6, 1995].
Compare with Show-ups and Mug shots.
Lineal descendant. A person who is a direct
descendant such as a child to his or her Links in the chain. Links that must be estab-
natural parent. lished in the chain of custody in a buy-bust
situation, viz: 1st, the seizure and marking, if
Linear. Arranged in or extending along a practicable, of the illegal drug recovered
straight or nearly straight line.
from the accused by the apprehending of-
Linear wounds. Wounds which are skin deep ficer; 2nd, the turnover of the illegal drug
(and) could have been caused by fingernails seized by the apprehending officer to the in-
or any sharp grass. [People v. Almenario, vestigating officer; 3rd, the turnover by the
GR 91491. Aug. 12, 1992]. investigating officer of the illegal drug to the
forensic chemist for laboratory examination;
Line-item. An allocation of a specified singular and 4th, the turnover and submission of the
amount for a specified singular purpose. marked illegal drug seized from the forensic
[Belgica v. Ochoa, GR 208566, Nov. 19, chemist to the court. [People v. Camad, GR
2013]. 174198, Jan. 9, 2010].
Line-item budgeting. Budget approach that Liquid. Readily convertible into cash.
emphasizes the listing of objects for item-
ized expenditure such as personnel, sup- Liquidate. To pay and settle. To convert as-
plies, and equipment without much regard sets to cash. To ascertain the amount, or
for the purpose of programs or projects for the several amounts, of the liabilities of in-
which such items are proposed. It also con- solvent and apportion the assets toward the
trols expenditures at the department or discharge of the indebtedness.

577
Liquidated. Ascertained. Determined; fixed; Liquidation. Modes: (a) By the corp. itself or
settled; made clear or manifest. Cleared its BOD or trustees; [Sec. 122, par. 1, Corp.
away; paid; discharged; wound up. Made Code]; (b) By a trustee to whom the assets
certain or fixed by agreement of parties or of the corp. had been conveyed. [Sec. 122,
by operation of law. par. 2, Corp. Code; Board of Liquidators v.
Kalaw, GR L-18805, Aug. 14, 1967]; or (c)
Liquidated account. An account whereof the
By a management committee or rehabilita-
amount is certain and fixed, either by the act
tion receiver appointed by SEC. [Sec. 119,
and agreement of the parties or by operation
last par., Corp. Code].
of law; a sum which cannot be changed by
the proof. Liquidation court. The RTC having jurisdic-
tion to assist in the adjudication of the dis-
Liquidated amount. 1. One that is determined
puted claims against the bank or non-bank
by agreement or by litigation. 2. Damages
financial intermediary performing quasi-
agreed upon by the parties to a contract to
banking functions and in the enforcement of
be paid in case of breach thereof.
individual liabilities of the stockholders, and
Liquidated claim. 1. A claim in which the do all that is necessary to preserve the as-
amount and time of payment is fixed. [Lao v. sets of such institution and to implement the
Special Plans, Inc., GR 164791, June 29, liquidation plan approved by the Monetary
2010]. 2. A claim acknowledged by the Board. [Sec. 29, RA 265, as amended].
debtor, although not in writing. [Lao v. Spe-
Liquidation Order. The Order issued by the
cial Plans, Inc., GR 164791, June 29, 2010].
court under Sec. 112 of RA 10142. [Sec. 4,
Liquidated damages. 1. Those agreed upon RA 10142].
by the parties to a contract, to be paid in
Liquidator. The natural person or juridical
case of breach thereof. [Art. 2226, CC]. 2.
entity appointed as such by the court and
Those the amount of which has been
entrusted with such powers and duties as
agreed upon by the parties or fixed by the
set forth in RA 10142: Provided, That, if the
judgment of a competent court. [Torres,
liquidator is a juridical entity, it must desig-
Oblig. & Cont., 2000 Ed., p. 334].
nated a natural person who possesses all
Liquidating partner. A partner who takes the qualifications and none of the disqualifi-
charge of liquidating the affairs of the part- cations as its representative, it being under-
nership after its dissolution. [Suarez, Intro. stood that the juridical entity and the repre-
to Law, 1995 3rd Ed., p. 120]. sentative are solidarity liable for all obliga-
tions and responsibilities of the liquidator.
Liquidation. 1. The proceedings under Chap.
[Sec. 4, RA 10142].
V of RA 10142. [Sec. 4, RA 10142]. 2. The
process of settling the affairs of a corp., Liquidity. 1. The availability of liquid assets to
which consists of adjusting the debts and a market or company. 2. Liquid assets;
claims, that is, of collecting all that is due cash.
the corp., the settlement and adjustment of
Liquidity reserve. A portion of the trust fund
claims against it and the payment of its just
set aside by the trustee to cover benefits
debts. [China Banking Corp. v. M. Michelin
due to planholders for the ensuing year.
& Cie, 58 Phil 261, 266 (1933)]. 3. The sell-
[Sec. 4, RA 9829].
ing of all the assets of a debtor and the use
of the cash proceeds of the sale to pay off Lis mota. Lat. 1. Main issue. [Tañada v. Anga-
creditors. 4. An act of settling a debt by ra, GR 118295. May 2, 1997]. 2. Threshold
payment or other satisfaction. It is also the legal issue. [Frivaldo v. Comelec, GR
act or process of converting assets into 120295. June 28, 1996]. 3. The 4th require-
cash esp. to settle debts. See also Winding ment to satisfy before the [Sup.] Court will
up. undertake judicial review means that the

578
Court will not pass upon a question of un- ment at face value, giving effect only to the
constitutionality, although properly present- actual words used. Also known as ―strict" or
ed, if the case can be disposed of on some "strict and literal" construction. Contrasts
other ground, such as the application of the with liberal construction [which allows for the
statute or the general law. [Cong. Garcia v. input from other factors such as the purpose
Exec. Sec., GR. 157584, Apr. 2, 2009]. of the document being interpreted].
Lis pendens. Lat. 1. A pending suit or a pend- Literal infringement. [It] means that each and
ing litigation. [People v. RTC Manila, GR every element recited in a claim has identi-
81541. Oct. 4, 1989]. 2. A notice filed in the cal correspondence in the allegedly infring-
office of the Register of Deeds of the proving device or process.
ince where the land is situated which gives
Literal infringement test. A test established
notice that a suit is pending against the
to determine infringement where resort must
owner of designated property. [Torres,
be had, in the 1st instance, to the words of
Oblig. & Cont., 2000 Ed., p. 352].
the claim. If accused matter clearly falls
Lis pendens doctrine. The doctrine holding within the claim, infringement is made out
that the jurisdiction, power or control which a and that is the end of it. To determine
court acquires over the property involved in whether the particular item falls within the
a suit pending the continuance of the action literal meaning of the patent claims, the
and until final judgment thereunder. Court must juxtapose the claims of the pa-
tent and the accused product within the
Lis pendens notice. An announcement to the
overall context of the claims and specifica-
whole world that a particular real property is
tions, to determine whether there is exact
in litigation, serving as a warning that one
identity of all material elements. [Godinez v.
who acquires an interest over the said prop-
CA, GR 97343. Sep. 13, 1993]. Compare
erty does so at his own risk, or that he gam-
with Doctrine of equivalents test.
bles on the result of the litigation over the
said property. It is but a signal to the intend- Litigant. A party to a lawsuit.
ing buyer or mortgagee to take care or be-
Litigated motion. A motion where notice to
ware and to investigate the prospect or non-
the adverse party is necessary to afford the
prospect of the litigation succeeding before
latter an opportunity to resist the application.
he forks down his money. [People v. RTC of
[Denso v. IAC, GR 75000. Feb. 27, 1987].
Manila, GR 81541. Oct. 4, 1989].
Litigation. 1. A contest in which each contend-
Literacy. 1. The ability to read and write. 2.
ing party fully and fairly lays before the court
Competence or knowledge in a specified ar-
the facts in issue and then, brushing aside
ea.
as wholly trivial and indecisive all imperfec-
Literacy training service. A program de- tions of form and technicalities of procedure,
signed to train students to become teachers asks that justice be done upon the merits.
of literacy and numeracy skills to school [Alonso v. Villamor, GR L-2352 July 26,
children, out of school youth, and other 1910]. 2. A dispute which has become the
segments of society in need of their service. subject of a formal court action or law suit.
[Sec. 3, RA 9163]. 3. A lawsuit; a legal action, incl. all proceed-
ings therein.
Literal. Taking words in their usual or most
basic sense without metaphor or allegory. Litis pendentia. Lat. A pending suit. It is vari-
ously referred to in some decisions as lis
Literal construction. A form of construction
pendens and auter action pendant. [Buan v.
which does not allow evidence extrapolated
Lopez, Jr., GR 75349, 13 Oct. 1986].
beyond the actual words of a phrase or doc-
ument but, rather, takes a phrase or docu-

579
Litis pendentia. Requisites: (a) Identity of [Clemente v. GSIS, GR L-47521. July 31,
parties or at least such as represent the 1987].
same interest in both actions; (b) Identity of
Livestock. 1. Domesticated animals with four
rights asserted and relief prayed for, the re-
legs and with hoofs. The different livestock
lief being founded on the same facts; and (c)
are carabaos, cattles, hogs, goats, horses,
The identity in the 2 cases should be such
rabbits, etc. 2. Domestic animals used or
that the judgment that may be rendered in
raised on a farm, esp. for profit. 3. Farm an-
one would, regardless of which party is suc-
imals kept or raised for consumption, work
cessful, amount to res judicata in the other.
or leisure.
[Ramos v. Peralta, GR L-45107. Nov. 11,
1991]. Livestock farmer or raiser. An individual or
group who owns and raises animals and
Litmus test. 1. A test for chemical acidity or
sells directly at the market or to the buyer
basicity using litmus paper. 2. A test that
who purchases them for marketing, fatten-
uses a single indicator to prompt a decision.
ing, breeding or other purposes.
Little Assembly. See Interim Committee.
Livestock production. The volume of indige-
Littoral. The coastal region incl. both the land nous (locally-raised) animals disposed for
along the coast and the water near the coast slaughter plus animals exported or shipped-
or the shore zone bet. the high and low wa- out for slaughter both in liveweight equiva-
termarks. [Santulan v. Exec. Sec., GR L- lent.
28021. Dec. 15, 1977]. Compare with Ripar-
Living unit. A dwelling, or portion thereof,
ian.
providing complete living facilities for one
Live-in. When ascribed to a couple of different family, incl. provisions for living, sleeping,
sexes, the present-day term for a man and a cooking, eating, bathing and toilet facilities
woman who are living together and comport- and laundry facilities, the same as a single
ing themselves as husband and wife without family-dwelling. [Sec. 3, BP 220].
the benefit of matrimony.
Llave. Brass knuckle. [Manalaysay v. CA, GR
Live-in relationship. A living arrangement in 79946. Apr. 12, 1989]. Also Llave llesa.
which an unmarried couple lives together in
LL.B., LL.M. or LL.D. The Latin abbrev. for
a long-term relationship that resembles a
the 3 classes of law degrees: the regular
marriage. See Cohabitation.
bachelor degree in law (LL.B.), the masters
Livelihood. A means of securing the necessi- degree in law (LL.M.) and the doctorate in
ties of life. law (LL.D.).
Livelihood tools. Instruments used by hand LLDA. See Laguna Lake Development Au-
or by machine necessary to a person in the thority.
practice of his trade, vocation or profession,
LMC. See Labor Management Committee.
such as hand tools, power tools, precision
tools, farm tools, tools for dressmaking, Loan. 1. It covers both simple loan and com-
shoe repair, beauty parlor, barber shop and modatum as well as guarantees, financing
the like, as may be determined by the Over- arrangements or accommodations intended
seas Workers Welfare Administration (OW- to ensure its approval. [Sec. 3, RA 6713]. 2.
WA). [Sec 2, RA 9174]. A loan the total principal amount of which,
as and when required for application to the
Liver cancer. Also Hepatoma. Malignant
purposes thereof, is, at the time of the mak-
primary tumor of the liver destroying the pa-
ing thereof, assured from funds that are or
renchyma arise (sic) from both liver cell and
will become available therefor. [Sec. 3, PD
bile duct elements. It develops most fre-
269].
quently in the previous cirrhosis liver.

580
Loan availments or proceeds. Amount Local chief executive (LCE). In general, the
drawn, in cash or in kind, against existing or Mayor.
new loan commitments.
Local chief executives (LCEs). The Provin-
Loan contract. A contract whereby one of the cial Governors, City or Municipal Mayors
parties delivers to another, either something and Punong Barangay, as the case may be.
not consumable so that the latter may use [Sec. 3, RA 6735].
the same for a certain time and return it, in
Local Disaster Coordinating Council
which case the contract is called a commo-
(LDCC). A group of persons at the provin-
datum; or money or other consumable thing,
cial, municipal, or barangay level, duly orga-
upon the condition that the same amount of
nized pursuant to PD 1566. [Sec. 1, EO 948,
the same kind and quality shall be paid, in
Apr. 23, 1984]. The precursor of the present
which case the contract is simply called a
Local Disaster Risk Reduction and Man-
loan or mutuum. [Art. 1933, CC].
agement Council.
Loan on bottomry. Mar. Ins. A loan which is
Local Disaster Risk Reduction and Man-
payable only if the vessel given as security
agement Council (LDRRMC). The succe-
for the loan completes in safety the contem-
sor of the former Local Disaster Coordi-
plated voyage. See also Bottomry loan.
nating Council.
Lobby. To seek to influence a politician or
Local government. A political subdivision of a
public official on an issue.
nation or state which is constituted by law
Lobbying. All attempts incl. personal solicita- and has substantial control of local affairs. In
tion to induce legislators to vote in a certain a unitary system of govt., such as the govt.
way or to introduce legislation. It includes under the Phil. Consti., local govts. can only
scrutiny of all pending bills which affect be an intra sovereign subdivision of one
one‘s interest or the interests of one‘s cli- sovereign nation, it cannot be an imperium
ents, with a view towards influencing the in imperio. Local govt. in such a system can
passage or defeat of such legislation. [Man- only mean a measure of decentralization of
ual on Definitions of Admin. Offenses in the the function of govt. [Basco v. Pagcor, GR
Civil Service, Oct. 2004, p. 42, 5th Ed., 91649. May 14, 1991].
1979].
Local government archives. Local govt. rec-
Lobbyist. Someone who is employed to per- ords that have been collected by the control-
suade legislators to vote for legislation that ling LGU that served as historical evidences
favors the lobbyist's employer. in the performance of its duties. [Sec. 4, RA
9470].
Local. Of or relating to a city, town, or district
rather than a larger area. Local Government Code (LGC) of 1991. RA
7160 entitled ―An Act providing for a Local
Local action. Rem. Law. An action founded
Govt. Code of 1991‖ enacted on Oct. 10,
on privity of estate only and there is no privi-
1991 and took effect on Jan. 1, 1992.
ty of contract. [Albano, Rem. Law Reviewer,
1st Ed., p. 71]. Compare with Transitory Local government records. Records in any
action. form, in whole or in part, created or re-
ceived, whether before or after the effectivity
Local autonomy. Pol. Law. Under the Consti.,
of RA 9470, by an LGU in the conduct of its
it involves a mere decentralization of admin-
affairs. [Sec. 4, RA 9470].
istration, not of power, in which local officials
remain accountable to the central govt. in Local government share. The amount due
the manner the law may provide. [Ganzon v. the LGUs from the exploitation, develop-
CA, GR 93252. Aug. 5, 1991]. ment and utilization of naturally-occurring

581
renewable energy resources. [Sec. 4, RA Local union. Any labor org. operating at the
9513]. enterprise level. [Sec. 1, Rule 1, Book 5,
IRR of LC].
Local government unit (LGU). Province, city,
municipality or barangay. Also known as Local Water Utilities Administration
Municipal corporation. (LWUA). A GOCC with a specialized lend-
ing function mandated by law to promote
Local government units (LGUs). Provinces,
and oversee the development of water sup-
cities, municipalities and barangays. [Sec. 3,
ply systems in provincial cities and munici-
RA 6735]. Also known as Municipal corpo-
palities outside of Metropolitan Manila.
rations.
Local water utility. Any district, city, munici-
Local initiative. The legal process whereby
pality, province, investor-owned public utility
the registered voters of a[n] LGU may direct-
or coop. corp. which owns or operates a wa-
ly propose, enact, or amend any ordinance.
ter system serving an urban center in the
[Sec. 120, RA 7160].
Phils. [Sec. 3, PD 198].
Local legislative bodies. The Sangguniang
Locally available materials. Form lumber,
Panlalawigan, Sangguniang Panlungsod,
gravel and sand, nipa, sawali, old G.I.
Sangguniang Bayan, and Sangguniang Ba-
sheets and other low-cost, indigenous or
rangay. [Sec. 3, RA 6735].
used materials that could be used as inputs
Local legislative body. The Sangguniang in small infrastructure projects. [Sec. 4, RA
Panlalawigan, Sangguniang Panlungsod, 7607].
Sangguniang Bayan, or Sangguniang Ba-
Locally-funded projects. Projects financed
rangay.
out of revenue collections and domestic bor-
Local referendum. The legal process where- rowings.
by the registered voters of the LGUs may
Location (of mining claim). The act of appro-
approve, amend or reject any ordinance en-
priating a mining claim on the public domain,
acted by the sanggunian. [Sec. 126, RA
acc. to established law or rules. [Peña, Phil.
7160].
Law on Natural Resources, 1997 Rev. Ed.,
Local statute. A statute whose operation is p. 87].
confined within territorial limits other than
Location plan. A sketch which serves to de-
that of the whole state, or applies to any po-
termine the location of the lot involved.
litical subdivision or subdivisions of the state
less than the whole, or to property and per- Lockout. Labor. 1. It comprises shutdowns,
sons of a limited portion of the state, or is di- mass retrenchment and dismissals, without
rected to a specific locality or spot, as dis- previous written clearance from the Sec. of
tinguished from a law which operates Labor or his duly authorized representative.
throughout the state. [Suarez, Stat. Con., [Sec. 2, PD 823]. 2. The temporary refusal
(1993), p. 96]. of an employer to furnish work as a result of
an industrial or labor dispute. [Art. 212, LC].
Local telephone exchange. 1. An item of
Compare with Shutdown.
telecommunication apparatus designated by
the grantee as such in its application with Lockup. It is included in the broader term
the Natl. Telecommunications Commission "detention," which refers not only to the
for a certificate of public necessity and con- placing of a person in an enclosure which he
venience under Sec. 10 of RA 7678. [Sec. 2, cannot leave, but also to any other depriva-
RA 7678]. 2. A central switching facility or a tion of liberty. [People v. Santos, GR
telecommunications apparatus which routes 117873, Dec. 22, 1997].
calls through the network or system. [Sec. 2,
Locus. Lat. The place.
RA 7617].

582
Locus criminis. Lat. The locality of a crime. cm in diameter. It may either be poles, piles,
The place where a crime was committed. pulpwood, saw log or veneer log.
Locus delicti. Lat. 1. The place of the offense. Logger. A person who fells trees for timber; a
The place where an offense was committed. lumberjack.
2. The place which has the most substantial
Logging. The activity or business of felling
or essential connection with the act [Paras,
trees and cutting and preparing the timber.
Phil. Conflict of Laws, 8th Ed. (1996), p.
392]. Log-rolling. The exchanging of political fa-
vors, esp. the trading of influence or votes
Locus poenitentiae. Lat. Place of repentance.
among legislators to achieve passage of
The opportunity of withdrawing from a pro-
projects that are of interest to one another.
jected contract before the parties are finally
bound; or of abandoning the intention of Log-rolling legislation. Process whereby
committing a crime before it is completed. Members of a legislative body help each
[Used in Enriquez v. Sun Life Assurance Co. other get particular legislation passed. One
of Canada, GR L-15774, Nov. 29, 1920]. Member will help another on one piece of
legislation in return for similar help. See
Locus standi. Lat. 1. A personal and substan-
Hodge-podge legislation.
tial interest in the case such that the party
has sustained or will sustain direct injury as Loko. Tag. 1. Notorious. [People v. Yarcia, GR
a result of the governmental act that is being L-31179. Oct. 26, 1983]. 2. Fool, idiot or
challenged. [Francisco v. HoR, GR 160261. stupid.
Nov. 10, 2003]. 2. The legal interest which a
plaintiff must have in the subject matter of London Interbank Offered Rate (LIBOR).
The rate offered to prime borrowers in the
the suit. [Antonio v. Factoran, GR 101083.
July 30, 1993]. See Legal standing. internal capital market based in London,
which serves as the basis for most foreign
Lode. A vein of metal ore in the earth. interest rate quotations.
Lode mineral claim. A parcel of mineral lands Lone Candidate Law. RA 8295, entitled ―An
containing a vein, lode, ledge, lens, or mass Act providing for the proclamation of a lone
of ore in place which has been located in candidate for any elective office in a special
accordance with law. [Sec. 18, PD 464]. election, and for other purposes‖ enacted on
June 6, 1997.
Lodger. One who has merely the use without
the actual or exclusive possession of his Long arm statute. Intl. Law. A law defining the
room. conduct of a foreign person within a state
which will subject that person to the jurisdic-
Lodging establishment. A building, edifice,
tion of the state.
structure, apartment or house incl. tourist
inn, apartelle, motorist hotel, and pension Long certificate of registration. Licenses
house engaged in catering, leasing or issued to govt. agencies or offices or
providing facilities to transients, tourists or GOCCs for firearms to be used by their offi-
travellers. [Sec. 3. RA 9994]. cials and employees who are qualified to
possess firearms as provided in RA 10591,
Lodging house. A building where persons are
excl. security guards. [Sec. 3, RA 10591].
supplied with and charged for sleeping ac-
commodations only. [Sec. 63, PD 856]. Longa manu, Traditio. The delivery of the
Compare with Boarding house. object of the contract of sale takes place by
the mere consent or agreement of the con-
Log. Felled trees bucked into convenient
tracting parties as when the vendor merely
length of at least 1.5 meters, with at least 15
points to the thing sold which shall thereafter

583
be at the control and the disposal of the monetary damages resulting from this loss
vendee. See Traditio longa manu. can be determined in a lawsuit.
Long-term contracts. Building, installation or Loss of confidence. Labor. As a just cause
construction contracts covering a period in for termination of employment, [it] is prem-
excess of 1 year. [Sec. 48, NIRC, as ised on the fact that the employee con-
amended]. cerned holds a position of responsibility,
trust and confidence. He must be invested
Loose. Not firmly or tightly fixed in place; de-
with confidence on delicate matters, such as
tached or able to be detached; free from
the custody, handling, care, and protection
constraint.
of the employer's property and/or funds. In
Loose firearm. An unregistered firearm, an order to constitute a just cause for dismissal,
obliterated or altered firearm, firearm which the act complained of must be "work-
has been lost or stolen, illegally manufac- related" such as would show the employee
tured firearms, registered firearms in the concerned to be unfit to continue working for
possession of an individual other than the the employer. [Gonzales v. NLRC, GR
licensee and those with revoked licenses in 131653, Mar. 26, 2001].
accordance with the rules and regulations.
Loss of confidence. Labor. Elements: (a)
[Sec. 3, RA 10591].
Whether the fraud or breach of trust is in
Loss. 1. Mar. Law. A situation where no deliv- connection to the employee‘s work; and (b)
ery at all was made by the shipper of the Whether the employee concerned is holding
goods bec. the same had perished, gone a position of trust and confidence.
out of commerce, or disappeared in such a
Loss of confidence. Pol. Law. The formal
way that their existence is unknown or they
withdrawal by an electorate of their trust in a
cannot be recovered. It does not include a
person's ability to discharge his office previ-
situation where there was indeed delivery -
ously bestowed on him by the same elec-
but delivery to the wrong person, or a mis-
torate. [Evardone v. Comelec, GR 94010.
delivery. [As defined in Art. 18, CC and as
Dec. 2, 1991].
applied to Sec. 3 (6), par. 4 of the Carriage
of Goods by Sea Act]. 2. Ins. Injury or dam- Loss of confidence doctrine. Labor. Guide-
age caused by an accident for which the in- lines for its application: 1. The loss of confi-
surer may, under the provision of the policy, dence must not be simulated; 2. it should
be liable, though at that time the extent of not be used as a subterfuge for causes
the loss may not be ascertainable. [Tiopian- which are illegal, improper or unjustified; 3. it
co, Commentaries & Jurisp. on the Ins. may not be arbitrarily asserted in the face of
Code of the Phil., 1999 Ed., p. 84-85]. overwhelming evidence to the contrary; 4. it
must be genuine, not a mere afterthought, to
Loss in insurance. The injury or damage
justify earlier action taken in bad faith; and
sustained by the insured in consequence of
5. the employee involved holds a position of
the happening of one or more of the acci-
trust and confidence. [Ramos v. CA, GR
dents or misfortune against which the insur-
145405, June 29, 2004].
er, in consideration of the premium, has un-
dertaken to indemnify the insured. [Martin's Loss of consortium. The inability of one's
Phil. Comml. Laws, Vol. 1, 1961 ed. p. 608). spouse to have normal marital relations,
which is a euphemism for sexual inter-
Loss of bargain. The inability to complete a
course. Such loss arises as a claim for
sale or other business deal, caused by an-
damages when a spouse has been injured
other's breach of contract, intentional inter-
and cannot participate in sexual relations for
ference with one's business, negligence or
a period of time or permanently due to the
some other wrongdoing. The amount of
injury, or suffers from mental distress, due to

584
a defendant's wrongdoing, which interferes tion of employment, [it] is premised on the
with usual sexual activity. Also called Loss fact that the employee concerned holds a
of marital consortium. position of responsibility or of trust and con-
fidence. As such, he must be invested with
Loss of marital consortium. Loss of conjugal
confidence on delicate matters, such as cus-
fellowship and sexual relations. [Kierulf v.
tody, handling or care and protection of the
CA, GR 99301 Mar. 13, 1997].
property and assets of the employer. And, in
Loss of standing in court. Loss of the right of order to constitute a just cause for dismissal,
a party, by reason of having been declared the act complained of must be work-related
in default, to present his defense and exam- and must show that the employee is unfit to
ine or cross-examine witnesses. It does not continue to work for the employer. [Velez v.
mean nor constitute a waiver of all rights; Shangri-La‘s Edsa Plaza Hotel, GR 148261,
what is waived only is the right to he heard Oct. 9, 2006].
and to present evidence during the trial
Loss of trust and confidence. Requisites
while default prevails. A party in default is
[that] must concur [before] the services of an
still entitled to notice of final judgments and
employee [may be] terminated: (a) The em-
orders and proceedings taken subsequent
ployee concerned must be holding a posi-
thereto. [Garcia v. CA, GR 83929. June 11,
tion of trust and confidence [Condo Suite
1992].
Club Travel, Inc. v. NLRC, GR 125671. Jan.
Loss of the instrument; how shown. The 28, 2000] and (b) there must be an act that
loss may be shown: (a) by any person who would justify the loss of trust and confi-
knew the fact of its loss; (b) by anyone who dence. [Equitable Banking Corp. v.
has made, in the judgment of the court, a NLRC, GR 102467, June 13, 1997].
sufficient examination in the place or places
Loss of use. The inability to use an automo-
where the document or papers of similar
bile, premises or some equipment due to
character are usu. kept by the person in
damage to the vehicle, premises or articles
whose custody the document lost was, and
caused by the negligence or other wrongdo-
has been unable to find it; or (c) by anyone
ing of another.
who has made any other investigation which
is sufficient to satisfy the court that the in- Loss payable clause. Ins. A clause which
strument is indeed lost. [E. Michael & Co. v. entitles the loss payee to collect from the
Enriquez, GR 10824. Dec. 24, 1915]. See policy to the extent of the credit. Stated oth-
also Execution and delivery of the docu- erwise, as long as the insurable interest of
ment; by whom established and Destruc- the loss payee subsists, the mortgagor has
tion of the instrument; how proved. no right to collect on the policy to the extent
of that credit.
Loss of the thing due. A thing is considered
lost when (a) it perishes, or (b) goes out of Lost things. Those things which are without a
commerce, or (c) it disappears in such a possessor, but are not res nullius. [Tolenti-
way that its existence is unknown or it can- no, Civ. Code of the Phils., Vol. II, Repr.
not be recovered. [Art. 1189 (2), CC]. 2001, p. 496].
Loss of trust and confidence. 1. [As a Lot line wall. A wall used only by the party
ground for dismissal of an employee, it] upon whose lot the wall is located, erected
must be based not on ordinary breach by at a line separating 2 parcels of land each of
the employee of the trust reposed in him by which is a separate real estate entity. [Sec.
the employer, but, in the language of Art. 3, BP 220].
282 (c) of the Labor Code, on willful breach.
Lot or Plot. A portion of a subdivision or any
[Salas v. Aboitiz One, Inc., GR 178236,
parcel of land intended as a unit for transfer
June 27, 2008]. 2. As a cause for termina-

585
of ownership or for building development. Lucrative employment. A gainful employ-
[Sec. 3, BP 220]. ment. It is not only that the person having
the employment gets enough for his ordi-
Lottery. 1. The term extends to all schemes
nary necessities in life. [Swee Din Tan v.
for the distribution of prizes by chance, such
Rep., GR L-13177. Aug. 31, 1960]. It must
as policy playing, gift exhibitions, prize con-
be shown that the employment gives one an
certs, raffles at fairs, etc., and various forms
income such that there is an appreciable
of gambling. [El Debate v. Topacio, GR
margin of his income over his expenses as
19982. Dec. 29, 1922]. 2. A means of rais-
to be able to provide for an adequate sup-
ing money by selling numbered tickets and
port in the event of unemployment, sick-
giving prizes to the holders of numbers
ness, or disability to work and thus avoid
drawn at random. 3. A process or thing
one's becoming the object of charity or a
whose success or outcome is governed by
public charge. [Lim Biak Chiao v. Rep., GR
chance.
L-28541, Jan. 14, 1974].
Lottery. Essential elements: (a) Consideration;
Lucro cesante. Sp. Unrealized profit. Usu. the
(b) prize; and (c) chance. [El Debate v.
price which the thing could have command-
Topacio, GR 19982. Dec. 29, 1922].
ed on the date the obligation should have
Low birth weight infant. A newborn weighing been fulfilled, but was not. [Associated Real-
less than 2,500 grams at birth. [Sec. 3, RA ty v. CA, GR L-18056. Jan. 30, 1965]. See
10028; Sec. 3, RA 7600]. also Daño emergente.
Lowest complying and responsible bid. The Lucrum cessans. Lat. 1. Unrealized profits.
proposal of one who offers the lowest price, [So v. Food Fest Land, Inc., GR 183628 &
meets all the technical specifications and 183670. Apr. 7, 2010]. 2. The monetary
requirements of the supplies desired and, as profit claimed as damages in an action for
a dealer in the line of supplies involved, breach of contract.
maintains a regular establishment, and has
Lugaw. 1. Porridge. 2. Powdered rice. [People
complied consistently with previous com-
v. Igdanes, GR 105804. May 5, 1997]. 3.
mitments. [Sec. 357, LGC].
Boiled rice. [Peole v. Liera, GR L-32147-49.
LPG. Liquefied petroleum gas. Mar. 17, 1978].
LPG distributor. Any person or entity, wheth- Lukaret. Tag. A crazy woman.
er natural or juridical, engaged in exporting,
Lumber. 1. A processed log or timber. [Lalican
refilling, transporting, marketing, and/or sell-
v. Vergara, GR 108619. July 31, 1997]. 2.
ing of LPG to end users and other consum-
Timber or logs after being prepared for the
ers. [Sec. 4, RA 8479].
market. 3. Solid wood not further manufac-
LRA. See Land Registration Authority. tured other than sawing, re-sawing, kiln-
drying and passing lengthwise through a
LTAP. Land Tenure Assistance Program. standard planing machine, incl. boules or
LTO. See Land Transportation Office. unedged lumber. [Sec. 3.2 of DENR AO 19,
S. of 1989, 17 Mar. 1989].
Luces. Any of several kinds of sparklers. [Sec.
2, RA 7183]. Lumber dealer. A person or entity engaged in
the buying or selling, or both, of coconut
Lucid interval. A period of temporary sanity. logs, timber and/or coconut tree lumber.
[Ancheta, The Law on Obligations and Con- [Sec. 3, PCA AO 1-95].
tracts, Rev. Ed., p. 142].
Lumber yards or Tablerias. Those estab-
Lucrative. Profitable or gainful. [In re: Keng lishments which are dedicated to the sawing
Giok v. Rep., GR L-13347. Aug. 31, 1961]. of timber either by hand or motor and those

586
establishments which although not sawing with fountains and buildings erected by Pi-
timber, have lumber for sale. sistratus, Pericles and Lycurgus frequented
by the youth for exercise and by the philos-
Lump sum. The present value of the basic
opher Aristotle and his followers for teach-
monthly pensions for 5 years discounted at
ing. In time, the word Lyceum became as-
a rate of interest to be determined by the
sociated with schools and other institutions
GSIS but not less than 6% per annum. [Sec.
providing public lectures and concerts and
2, PD 1146].
public discussions. Thus today, the word
Lump sum contract. 1. A type of pricing Lyceum generally refers to a school or an
agreement in sales involving real estate institution of learning. While the Latin word
which states a full purchase price for an im- Lyceum has been incorporated into the Eng-
movable the area of which may be declared lish language, the word is also found in
based on the estimate or where both the ar- Spanish (liceo) and in French (lycee). [Ly-
ea and boundaries are stated [e.g., P1 mil- ceum of the Phil. v. CA, GR 101897. Mar. 5,
lion for 1,000 square meters, etc.]. [Esguer- 1993].
ra v. Trinidad, GR 169890, Mar. 12, 2007].
Lye. A strongly alkaline substance used in
2. A contract (with) a lump sum price and is
cleaning and in making soap. [People v.
not based upon the specified cost of a de-
Hanasan, GR L-25989. Sep. 30, 1969].
fined unit of work. [Baylen Corp. v. CA, GR
76787. Dec. 14, 1987]. Compare with Unit Lymphoma. A cancer that begins in the lym-
price contract. phocites of the immune system and pre-
sents as a solid tumor of lymphoid cells.
Lumut. Tag. Algae. [Gabriel v. Pangilinan, GR
Like other cancers, lymphoma occurs when
L-27797 Aug. 26, 1974].
lymphocytes are in a state of uncontrolled
Lungga. Tag. It is known to police as the area cell growth and multiplication. It is treatable
where drug traffickers and criminal elements with chemotherapy, and, in some cases, ra-
abound. [People v. Boholst, GR 73008. July diotherapy and/or bone marrow transplanta-
23, 1987]. tion, and can be curable, depending on the
histology, type, and stage of the disease.
Lupon. Tag. Committee; board; body. These malignant cells often originate in
Lupong Tagapamayapa. The body organized lymph nodes, presenting as an enlargement
in every barangay composed of the punong of the node (a tumor). [Magsaysay Maritime
barangay as chairman and 10 to 20 mem- Corp. v. NLRC, GR 186180, Mar. 22, 2010].
bers. The lupon is constituted every 3 years.
[Art. 196, IRR of RA 7160].
Luring. The act of communicating, by means
of a computer system, with a child or
someone who the offender believes to be a
child for the purpose of facilitating the
commission of sexual activity or production
of any form of child pornography. [Sec. 3,
RA 9775].
LWUA. See Local Water Utilities Admin-
istration.
Lyceum. The Latin word for the Greek lykeion
which in turn referred to a locality on the riv-
er Ilissius in ancient Athens comprising an
enclosure dedicated to Apollo and adorned

587
Magistrate. Judicial officer exercising some of
-M- the functions of a judge. It also refers in a
general way to a judge.
Mabuhay. Tag. 1. Long live. 2. Sparklers
bunched into a bundle of a dozen pieces. Magna Carta. Charter to which subscribed
[Sec. 2, RA 7183]. King John of England on June 12, 1215 in
which a basic set of limits were set on the
Macaroni. Kind of paste, composed chiefly of
King's powers. King John had ruled tyranni-
wheat flour, dried in the form of slender
cally. His barons rebelled and committed
tubes. [Farm Implement Machinery Co. v.
themselves to war with King John unless he
Comm. of Customs, GR L-12613. May 30,
agreed to the Charter. Held to be the pre-
1962].
cursor of habeas corpus as Art. 39 of the
Maceda Law. RA 6552 entitled "An Act to Magna Carta held that no man shall be "im-
Provide Protection to Buyers of Real Estate prisoned, exiled or destroyed . except by
on Installment Payments" which took effect lawful judgment of his peers or by the law of
on Sep. 14, 1972. [Jison v. CA, GR L-45349 the land".
Aug. 15, 1988].
Magna Carta for Countryside and Barangay
Machination. Intrigue; a crafty and involved Business Enterprises (Kalakalan 20). RA
plot to achieve usu. sinister ends. 6810 entitled ―An act establishing the magna
carta for countryside and barangay business
Machinations in public auctions. The solici- enterprises, granting exemptions from any
tation of any gift or promise as a considera- and all govt. rules and regulations and other
tion for refraining from taking part in any incentives and benefits therefor, and for
public auction, or the attempt to cause bid-
other purposes‖ enacted on Dec. 14, 1989.
ders to stay away from an auction by
threats, gifts, promises, or any other artifice, Magna Carta for Disabled Persons. RA 7277
with intent to cause the reduction of the entitled ―An act providing for the rehabilita-
price of the thing auctioned. [Art. 185, RPC]. tion, self-development and self-reliance of
disabled persons and their integration into
Machinery. Machines, mechanical contrivanc- the mainstream of society and for other pur-
es, instruments, appliances and apparatus poses,‖ enacted on Mar. 24, 1992.
attached to the real estate. It includes the
physical facilities available for production, as Magna Carta for Homeowners and Home-
well as the installations and appurtenant owners’ Associations. RA 9904 entitled
service facilities, together with all other ―An Act Providing for a Magna Carta for
equipment designed for or essential to its Homeowners and Homeowners‘ Assocs.,
manufacturing, industrial or agricultural pur- and for Other Purposes‖ enacted on Jan. 7,
poses. [Sec. 3, PD 464]. 2010.
Made available to the public. Intel. Prop. It Magna Carta for Micro, Small and Medium
means that at least one member of the pub- Enterprises (MSMEs). RA 9501 entitled
lic has been able to access knowledge of ―An Act to Promote Entrepreneurship by
the invention without any restriction on the Strengthening Development and Assistance
passing that knowledge on to others. Gen- Programs to Micro, Small and Medium
erally, when a work has already been made Scale Enterprises, Amending for the Pur-
available to the public, it shall be non- pose RA 6977, as Amended, Otherwise
patentable for absence of novelty. Known as the "Magna Carta for Small En-
terprises" and for Other Purposes‖ enacted
Madhhab (plural, Madhahib). Any of the 4 on May 23, 2008.
orthodox (Sunni) schools of Muslim law.
[Art. 7, PD 1083]. Magna Carta for Public School Teachers.
RA 4670 enacted on June 18, 1966.

588
Magna Carta for Public Social Workers. RA grounds of public policy are declared non-
9432 entitled ―An Act Providing for a Magna mailable. As applied to lotteries, gift enter-
Carta of Social Workers‖ enacted on Apr. prises and similar schemes, justification lies
11. 2007. in the recognized necessity to suppress their
tendency to inflame the gambling spirit and
Magna Carta for Scientists, Engineers, Re-
to corrupt public morals. [Caltex (Phils.) Inc.
searchers and other S & T Personnel in
v. Palomar, GR L-19650. Sep. 29, 1966].
the Government. RA 8439 entitled ―An Act
providing a Magna Carta for scientists, en- Mail or Mail matters. All matters authorized
gineers, researchers and other science and by the Govt. to be delivered through the
technology personnel in govt.‖ enacted on postal service and shall include letters, par-
Dec. 22, 1997. cels, printed materials, and money orders.
[Sec. 2, RA 7354].
Magna Carta for Small Enterprise. RA 6977
entitled ―An Act to promote, develop and as- Main canal. The channel where diverted water
sist small and medium scale enterprises from a source flows to the intended area to
through the creation of a Small and Medium be irrigated. [Sec. 4, RA 8435].
Enterprise Development (SMED) Council,
Mainstream. The ideas, attitudes, or activities
and the rationalization of govt. assistance
that are regarded as normal or conventional;
programs and agencies concerned with the
the dominant trend in opinion, fashion, or
development of small and medium enter-
the arts.
prises, and for other purposes‖ enacted on
Jan. 24, 1991. Mainstreaming. The integration of policies
and measures that address climate change
Magna Carta of Public Health Workers. RA
into development planning and sectoral de-
7305 enacted on Mar. 26, 1992.
cision-making. [Sec. 3, RA 9729].
Magna Carta of Small Farmers. RA 7607
Maintainer or Manager or Operator. Any
entitled ―An Act providing a Magna Carta of
person who maintains, manages or operates
small farmers‖ enacted on June 4, 1992.
any illegal number game in a specific area
Magna Carta of Women. RA 9710 entitled from whom the coordinator, controller or su-
―An Act Providing for the Magna Carta of pervisor, and collector or agent take orders.
Women‖ enacted intp law on Aug. 14, 2009. [Sec. 2, RA 9287].
Magnetic media. A storage medium or device Maintenance. The obligation of one person to
characterized by a base, usu. plastic, coated contribute, in part or in whole, to the cost of
with ferric oxide powder, in which visual living of another person. Also known as
and/or aural information, or software code, Support (Spousal or Child) or Alimony.
may be recorded or stored, incl., but not lim-
Maintenance and Other Operating Expens-
ited to, magnetic tape, cassettes, video
es (MOOE). Expenditures to support the
tape, diskettes, and floppy discs. [Sec. 3,
operations of govt. agencies such as ex-
RA 9239].
penses for supplies and materials; transpor-
Maiden name. The surname that a married tation and travel; utilities (water, power, etc.)
woman used from birth, prior to changing it and the repairs, etc.
at marriage.
Maintenance of membership. Labor. An
Mail. Letters and packages conveyed by the agreement under which non-members are
postal system. not required to join the union, but those who
do join must maintain their membership for
Mail fraud orders. Orders designed to prevent
the duration of the union contract under
the use of the mails as a medium for dis-
penalty of discharge. [Poquiz, Labor Rel.
seminating printed matters which on
Law, 1999 Ed. p. 157].

589
Major casus est, cui humana infirmitas of Internal Revenue. [Sec. 141, NIRC, as
resistere non potest. Lat. A principle of amended].
Roman law that "no one shall be liable for
Majority. The number greater than half or
events which could not be foreseen, or
more than half of any total. [Perez v. Dela
which having been foreseen were inevitable,
Cruz, GR L-29458. Mar. 28, 1969, Unabr.].
with the exception of the cases expressly
mentioned in the law or those in which the Majority of one. Pol. Law. The lone dissenting
obligation so declares." [Art. 1105, CC; The vote of one Sandiganbayan justice which
Roman Catholic Bishop of Jaro v. Dela Pe- will prevent a decision of the 2 other mem-
ña, GR L-6913 Nov. 21, 1913]. bers of the division as a unanimous vote is
required for such decision. [Suarez, Pol.
Major Final Outputs (MFOs). Goods and
services that a department or agency are
mandated to deliver to external clients Majority opinion. An opinion usu. written by
through the implementation of programs, ac- one judge on behalf of a majority of his col-
tivities and projects. leagues on a court and on which they agree.
Such an opinion has more precedential val-
Major language. A language spoken and used
ue than other kinds of opinions. Compare
by at least 1/50 or 2% of all Filipinos, based
with Minority opinion.
on the most recent available data of the
Natl. Statistics Office. [Sec. 3, RA 7104]. Majority rule. The principle that the greater
number should exercise greater power. See
Major or Extraordinary repair. Alteration,
Rule of majority.
addition, partition, extension, and other con-
struction or installation which materially in- Majority-owned subsidiary of a person. A
creases the value or extend the useful life of company 50% or more of the outstanding
the structure or equipment. [IRR on Supply voting securities of which are owned by
& Prop. Mgt., per Sec. 383, LGC]. such person, or by a company which, within
the meaning of this par., is a majority-owned
Major part or components of a firearm. The
subsidiary of such person. [Sec. 3, RA
barrel, slide, frame, receiver, cylinder or the
2629]. See Wholly-owned subsidiary of a
bolt assembly. The term also includes any
person.
part or kit designed and intended for use in
converting a semi-automatic burst to a full Maker. Nego. Inst. One who makes, promise
automatic firearm. [Sec. 3, RA 10591]. and signs the instrument. See Payee.
Major supermarkets. Those with the highest Making and importing and uttering false
annual gross sales in Metro Manila or the coins. Crim. Law. The felony committed by
region, as the case may be, as determined any person who makes, imports, or utters,
by the Natl. Statistics Office, and shall ex- false coins, in connivance with counterfeit-
clude retail outlets or kiosks, convenience or ers, or importers. [Art. 163, RPC].
sari-sari stores, and others of a similar na-
ture: Provided, That no 2 supermarkets in Mala fide. Lat. In bad faith. [Used in Hernan-
dez v. Andal, GR L-273 Mar. 29, 1947].
the list to be surveyed are affiliated and/or
branches of each other: Provided, final- Mala in se. Lat. Wrong in themselves. [Dun-
ly, That in case a particular distilled spirit is lao, Sr. v. CA, GR 111343 Aug. 22, 1996].
not sold in major supermarkets, the price See Acts mala in se.
survey can be conducted in retail outlets
where said distilled spirit is sold in Metro Mala prohibita. Lat. Wrong bec. they are pro-
Manila or the region, as the case may be, hibited by law. See Acts mala prohibita.
upon the determination of the Commissioner

590
Malandi. Tag. 1. Sex maniac. [People v. establish malice in fact. [US v. Montalvo, GR
Sanchez, GR 124393. Jan. 31, 2002]. 2. 10077. Feb. 26, 1915].
Flirtatious.
Malice in law. The presumption that every
Maldita. Tag. Fem. of Maldito. Cruel; rascal; defamatory imputation is malicious, even if it
thug. be true, if no good intention and justifiable
motive for making it is shown. [Art. 354,
Maldito. Tag. A tough guy. [People v. Toring,
RPC].
GR 56358. Oct. 26, 1990].
Malicia. Sp. The term indicates what the ordi-
Male. The sex that has organs to produce
nary use of the word connotes, that the ac-
spermatozoa for fertilizing ova. Silverio v.
tion complained of must be the result of a
Rep., GR 174689; Oct. 22, 2007].
deliberate evil intent and does not cover a
Male responsibility. The involvement, com- mere voluntary act. [People v. Malabanan,
mitment, accountability and responsibility of GR 43430. Jan. 7, 1936].
males in all areas of sexual health and re-
Malicious. Characterized by malice; intending
productive health, as well as the care of re-
or intended to do harm.
productive health concerns specific to men.
[Sec. 4, RA 10354]. Malicious mischief. Crim. Law. The felony
committed by any person who shall deliber-
Maledicta est expositio quae corrumpit
ately cause the property of another any
textum. Lat. It is a bad construction which
damage. [Art. 327, RPC].
corrupts the text.
Malicious mischief. Crim. Law. Elements: (a)
Malevolent. Wishing evil; disposed to injure;
The offender deliberately caused damage to
arising from or indicative of ill-will.
the property of another; (b) the damage
Malfeasance. 1. Doing something which is caused did not constitute arson or crimes
illegal. 2. The commission of an unlawful involving destructions; and (c) the damage
act. Compare with Misfeasance and Non- was caused maliciously by the offender.
feasance. [Caballes v. DAR, GR 78214, Dec. 5, 1988].
Malice. 1. [It] connotes ill will or spite, and Malicious mischief, Special cases of. Crim.
speaks not in response to duty. It implies an Law. The felony committed by any person
intention to do ulterior and unjustifiable who shall cause damage to obstruct the per-
harm. [It] is bad faith or bad motive. [Borjal formance of public functions, or using any
v. CA, GR 126466, Jan. 14, 1999] 2. The in- poisonous or corrosive substance; or
tentional doing of a wrongful act without just spreading any infection or contagion among
cause or excuse, with an intent to inflict an cattle; or who cause damage to the property
injury or under circumstances that the law of the Natl. Museum or Natl. Library, or to
will imply an evil intent. A condition of the any archive or registry, waterworks, road,
mind which prompts a person to do a wrong- promenade, or any other thing used in
ful act willfully, that is, on purpose to the in- common by the public. [Art. 328, RPC].
jury of another, or to do intentionally a
Malicious prosecution. An action for damag-
wrongful act toward another without justifica-
es brought by one against whom a criminal
tion or excuse.
prosecution, civil suit, or other legal pro-
Malice in fact. Also Express malice. Malice ceeding has been instituted maliciously and
shown by proof of ill-will, hatred, or purpose without probable cause, after the termination
to injure. Thus, a republication of defamato- of such prosecution, suit, or other proceed-
ry matter subsequent to the commencement ing in favor of the defendant therein. The
of an action based thereon is admissible to gist of the action is the putting of legal pro-
cess in force, regularly, for the mere pur-

591
pose of vexation or injury. [Cabasaan v. Maltreatment of prisoners. Crim. Law. The
Anota, GR 14169-R, Nov. 19, 1956]. felony committed by any public officer or
employee who shall overdo himself in the
Malicious prosecution. Elements: (a) Malice;
correction or handling of a prisoner or deten-
(b) want of probable cause in the prosecu-
tion prisoner under his charge, by the impo-
tion of an action against the plaintiff; and (c)
sition of punishment not authorized by the
the defendant must himself be the prosecu-
regulations, or by inflicting such punishment
tor or the instigator of the prosecution, which
in a cruel and humiliating manner. [Art. 235,
ended in acquittal. [Martinez v. United Fi-
RPC].
nance Corp., GR L-24017, Aug. 31, 1970].
Malum in se. Lat. 1. Wrong in itself. 2. An act
Malicious prosecution doctrine. The doc-
considered by society as inherently wrong.
trine that pertains to persecution through the
[Lozano v. Martinez, GR L-63419. Dec. 18,
misuse or abuse of judicial processes; or the
1986].
institution and pursuit of legal proceedings
for the purpose of harassing, annoying, vex- Malum prohibitum. Lat. 1. Wrong bec. it is
ing or injuring an innocent person. [Villanue- prohibited by law. 2. An act proscribed by
va v. UCPB, GR 138291, Mar. 7, 2000]. the legislature for being deemed pernicious
and inimical to public welfare. [People v.
Malign. To speak about someone in a spiteful-
Reyes, GR 101127-31. Nov. 18, 1993].
ly critical manner.
Malus animus. Lat. A criminal intent. [People
Malignant. 1. Very virulent or infectious. 2.
v. Quijada, GR 115008-09. July 24, 1996].
Tending to invade normal tissue or to recur
after removal; cancerous. Malversation. Fraudulent behavior, extortion,
or corruption by a person who holds public
Malignant tumor. A tumor that is malignant
office or a position of trust.
and tends to spread to other parts of the
body. Malversation. Crim. Law. Elements: (a) The
offender is a public officer; (b) he has the
Malingerer. A person who pretends or pro-
custody or control of funds or property by
tracts illness or injury to escape work or du-
reason of the duties of his office; (c) the
ty. [Olarte, Legal Med., 1st Ed. (2004), p.
funds or property involved are public funds
158].
or property for which he is accountable; and
Malpractice. Improper, illegal, or negligent (d) he has appropriated, taken or misappro-
professional activity or treatment, esp. by a priated, or has consented to, or through
medical practitioner, lawyer, or public offi- abandonment or negligence permitted, the
cial. taking by another person of, such funds or
property. [Nizurtado v. Sandiganbayan, GR
Malpractice defense. The area of law that 107383. Dec. 7, 1994].
focuses on representing those professionals
who have been accused of negligence, mis- Malversation of public funds or property.
conduct, lack of ordinary skill, or a breach of Crim. Law. The felony committed by any
duty in the performance of a professional public officer who, by reason of the duties of
service (medicine, law, etc.) resulting in inju- his office, is accountable for public funds or
ry or loss. property, shall appropriate the same, or
shall take or misappropriate or shall con-
Maltreatment. Crim. Law. The felony commit- sent, or through abandonment or negli-
ted when the offender shall ill-treat another gence, shall permit any other person to take
by deed without causing any injury. [Art.
such public funds or property, wholly or par-
266, RPC]. tially, or shall otherwise be guilty the misap-
propriation or malversation of such funds or
property. [Art. 217, RPC].

592
Malversation of public funds or property. used, processes to be followed, supervision
Crim. Law. Elements: (a) That the offender of workers, working regulations, transfer of
be a public officer; (b) that he had the cus- employees, work supervision, lay-off of
tody or control of funds or property by rea- workers and the discipline, dismissal and
son of the duties of his office; (c) that those recall of work. [San Miguel Brewery Sales
funds or property were public funds or prop- Force Union (PTGWO) v. Ople, GR 53515.
erty for which he was accountable; (d) that Feb. 8, 1989].
he appropriated, took, misappropriated or
Manager. A person responsible for controlling
consented or, through abandonment or neg-
or administering all or part of a company or
ligence permitted another person to take
similar org. See Maintainer.
them. [Agbanlog v. People, GR 105907.
May 24, 1993]. Manager’s check. A check drawn by a man-
ager of the bank, in the name of the bank
Managed funds. Any arrangement whereby
against the bank itself payable to the order
funds are solicited from the investing public
of a 3rd person. [Diaz, Bus. Law Rev., 1991
and pooled for the purpose of Investing in
Ed., p. 380].
securities duly registered with and/or
approved by the appropriate regulatory Manager’s check or Cashier’s check. A
agency of the govt. for investment by the check drawn by the bank‘s manager or
REIT. [Sec. 3, RA 9856]. cashier, as the case may be, upon the bank
itself and deemed accepted by the act of is-
Management. The process of planning, organ-
suance.
izing, leading, and controlling the efforts of
org. members and of using all other organi- Managerial employee. 1. An employee whose
zational resources to achieve stated organi- primary duty consists of the management of
zational goals. the establishment in which they are em-
ployed or of a department or subdivision
Management contract. Any contract whereby
thereof, and to other officers or members of
a corp. undertakes to manage or operate all
the managerial staff. [Art. 82, LC]. 2. An
or substantially all of the business of anoth-
employee who is vested with power or pre-
er corp., whether such contracts are called
rogatives to lay down and execute man-
service contracts, operating agreements or
agement policies and/or to hire, transfer,
otherwise. [Sec. 44, Corp. Code].
suspend, lay-off, recall, discharge, assign or
Management prerogative doctrine. The doc- discipline employees. [Art. 212, LC].
trine under which every employer has the
Managerial employee. Conditions for one to
inherent right to regulate, acc. to his own
be considered as such: (a) [His] primary du-
discretion and judgment, all aspects of em-
ty consists of the management of the estab-
ployment, incl. hiring, work assignments,
lishment in which [he is] employed or of a
working methods, the time, place and man-
department or subdivision thereof; (b) [He]
ner of work, work supervision, transfer of
customarily and regularly direct[s] the work
employees, lay-off of workers, and disci-
of 2 or more employees therein; (c) [he has]
pline, dismissal, and recall of employees.
the authority to hire or fire other employees
[Rural Bank of Cantilan, Inc. v. Julve, GR
of lower rank; or (d) [his] suggestions and
169750, Feb. 27, 2007].
recommendations as to the hiring and firing
Management prerogatives. Except as limited and as to the promotion or any other change
by special laws, the freedom of an employer of status of other employees are given par-
to regulate, acc. to his own discretion and ticular weight. [Molina v. Pacific Plans, Inc.,
judgment, all aspects of employment, incl. GR 165476, Mar. 10, 2006].
hiring, work assignments, working methods,
Managerial function. The exercise of powers
time, place and manner of work, tools to be
such as: (a) to effectively recommend such

593
managerial actions; (b) to formulate or exe- formed is ministerial, not discretionary; and
cute management policies and decisions; or (e) there is no appeal or any other plain,
(c) to hire, transfer, suspend, lay off, recall, speedy and adequate remedy in the ordi-
dismiss, assign or discipline employees. nary course of law. [De Castro v. JBC, GR
[Arizala v. CA, GR 43633-34. Sep. 14, 191002, GR 191032, GR 191057, AM 10-2-
1990]. 5-SC, GR 191149, GR 191342. Mar. 17,
2010].
Managerial staff. Under Rule I, Sec. 2(c),
Book II of the Implementing Rules of the La- Mandamus, Petition for. Rem. Law. When
bor Code, to be a member of a managerial any tribunal, corp., board, officer or person
staff, the following elements must concur or unlawfully neglects the performance of an
co-exist, to wit: (a) that his primary duty act which the law specifically enjoins as a
consists of the performance of work directly duty resulting from an office, trust, or station,
related to management policies; (b) that he or unlawfully excludes another from the use
customarily and regularly exercises discre- and enjoyment of a right or office to which
tion and independent judgment in the per- such other is entitled, and there is no other
formance of his functions; (c) that he regu- plain, speedy and adequate remedy in the
larly and directly assists in the management ordinary course of law, the person aggrieved
of the establishment; and (d) that he does thereby may file a verified petition in the
not devote 20% of his time to work other proper court, alleging the facts with certainty
than those described above. [Villuga v. and praying that judgment be rendered
NLRC, GR 75038. Aug. 23, 1993]. commanding the respondent, immediately or
at some other time to be specified by the
Managing partner. A partner who is designat-
court, to do the act required to be done to
ed to manage the business of the partner-
protect the rights of the petitioner, and to
ship. [Diaz, Bus. Law Rev., 1991 Ed., p.
pay the damages sustained by the petitioner
189].
by reason of the wrongful acts of the re-
Mananaya. Tag. Bettor; gamester. See Bet- spondent. [Sec. 3, Rule 65, RoC].
tor.
Mandamus, Writ of. Rem. Law. A writ which
Mandala. Tag. A big stack of palay. may issue to compel the exercise of discre-
tion but not to control it. Mandamus can re-
Mandamus. Rem. Law. 1. A special civil ac-
quire action only but not specific action
tion to compel an officer to perform a minis- where the act sought to be performed in-
terial duty but not to compel the perfor- volves the exercise of discretion [Assoc. of
mance of a discretionary duty. [Calderon v.
Small Landowners in the Phil. v. Sec. of
Sol. Gen., GR 103752-53. Nov. 25, 1992]. 2. Agrarian Reform, GR 78742. July 14, 1989].
It shall issue when any tribunal, corp.,
board, officer or person unlawfully neglects Mandamus; Requisites for issuance of Writ.
the performance of an act that the law spe- Rem. Law. It is essential for a writ of man-
cifically enjoins as a duty resulting from an damus to issue that the applicant has a well-
office, trust, or station. [Sec. 3, Rule 65, defined, clear and certain legal right to the
1997 Rules of Civ. Pro.]. Compare with thing demanded and that it is the imperative
Mandatory injunction. duty of defendant to perform the act re-
quired. The corresponding duty of the re-
Mandamus. Rem. Law. Requisites: (a) The spondent to perform the required act must
plaintiff has a clear legal right to the act de-
be clear and specific. [Valmonte v. Belmon-
manded; (b) it must be the duty of the de- te, GR 74930. Feb. 13, 1989].
fendant to perform the act, bec. it is man-
dated by law; (c) the defendant unlawfully Mandatory activity. Labor. A judicial process
neglects the performance of the du- of settling dispute laid down by the law.
ty enjoined by law; (d) the act to be per-

594
[Galvadores v. Trajano, GR L-70067, Sep. germinate there. [Montano v. Insular Govt.,
15, 1986]. GR L-3714 Jan. 26, 1909].
Mandatory Infants and Children Health Im- Mania. Legal Med. A disorder characterized by
munization Act of 2011. RA 10152 entitled excessive physical activity and feelings of
―An Act providing for mandatory basic im- extreme elation that are grossly out of pro-
munization services for infants and children, portion to any positive event. [Olarte, Legal
repealing for the purpose PD 996, as Med., 1st Ed. (2004), p. 138]. Compare with
amended‖ enacted on June 21, 2011. Depression.
Mandatory injunction. Rem. Law. One that Maniac. A person who has an excessive en-
requires the performance of a particular act. thusiasm or desire for something.
It commands acts to be done or undone and
Manifest. Document used in shipping and
may require performance of affirmative acts.
warehousing containing a list of the con-
Compare with Mandamus and Prohibitory
tents, value, origin, carrier and destination of
injunction.
the goods to be shipped or warehoused.
Mandatory statutes. Laws which contain
Manifest partiality. [It] exists when the ac-
words of command or of prohibition and
cused has a clear, notorious, or plain incli-
non-compliance with the same renders the
nation or predilection to favor one side or
proceedings to which it relates illegal and
one person rather than another. It is synon-
void. [Suarez, Stat. Con., (1993), p. 92].
ymous with bias, which excites a disposition
Compare with Directory statutes.
to see and report matters as they are
Mangangatha. Tag. Inventor. wished for rather than as they are. [Albert v.
Sandiganbayan, GR 164015, 26 Feb. 2009].
Mangkukulam. Tag. A witch, or one who prac-
tices witchcraft. [People v. Sario, GR L- Manifesta probationee non indigent. Lat.
20754 & L-20759. June 30, 1966]. That which is known need not be proved.
Manglares. Sp. Mangroves. See Mangrove Manifestation. A memorandum manifesting
swamps. and informing the court about certain mat-
ters concerning the case. It is not entitled to
Mangrove. 1. A community of intertidal plants
any affirmative action by the court, unlike a
incl. all species of trees, shrubs, vines and
motion which is.
herbs found on coasts, swamps, or border
of swamps. [Sec. 4, RA 8550]. 2. The type Manifestation theory. Under this theory, the
of forest occurring on tidal flat along the sea contract is perfected at the moment when
coast, extending along streams where the the acceptance is declared or made by the
water is brackish. [Sec. 3, PD 705]. offeree. [Suggested Answer for the 1997
Bar, UPLC, (2002), p. 55]. Compare with
Mangrove forest. The type of forest occurring
Cognition theory.
on tidal flats along the sea cost extending
along the streams where the water is brack- Manlilikha. Tag. Artist; creator.
ish and composed mainly of bakauan, poto-
Manlilikha ng Bayan. A citizen or a group of
lan, langarai, api-api, nipa palm and the like.
citizens engaged in any traditional art
Mangrove swamps. Also Manglares. Mud uniquely Filipino, whose distinctive skills
flats, alternately washed and exposed by the have reached such a high level of technical
tide, in which grows various kindred plants and artistic excellence and have been
which will not live except when watered by passed on to and widely practiced by the
the sea, extending their roots deep into the present generations in his/her community
mud and casting their seeds, which also with the same degree of technical and artis-
tic competence. [Sec. 3, RA 7355].

595
Manlilikha ng Bayan Act. RA 7355 entitled Manufacture. 1. Cheaper Meds. Law. Any
―An Act providing for the recognition of natl. process or part of a process for making, al-
living treasures, otherwise known as the tering, finishing, packing, labeling, breaking
Manlilikha ng Bayan, and the promotion and or otherwise treating or adapting any drug
development of traditional folk arts, provid- with a view to its sale and distribution, but
ing funds therefor, and for other purposes‖ does not include the compounding or dis-
enacted on Apr. 3, 1992. pensing of any drug in the ordinary course
of retail business. [Sec. 4, RA 9502]. 2.
Manning. Operating or in control of someone
Consumer Law. Any and all operations in-
or something.
volved in the production, incl. preparation,
Manning agency. Any person or entity duly propagation, processing, formulating, filling,
licensed by the Sec. of Labor to recruit packing, repacking, altering, ornamenting,
seamen for vessels plying intl. waters and finishing, or otherwise changing the contain-
for related maritime activities. [Sec. 1, Rule er, wrapper, or labeling of a consumer prod-
1, IRR of LC]. uct in the furtherance of the distribution of
the same from the orig. place of manufac-
Manong. Ilok. A sign of respect due an elder ture to the person who makes the final de-
brother. [People v. Somera, GR L-47275.
livery or sale to the ultimate consumer. [Sec.
Feb. 21, 1989]. 4, RA 8423]. 3. Dangerous drugs law. The
Manoy. Tag. A term of respect for an older production, preparation, compounding or
man. [People v. Malbago, GR 37679. May processing of any dangerous drug and/or
14, 1990]. controlled precursor and essential chemical,
either directly or indirectly or by extraction
Manpower. 1. That portion of the nation's from substances of natural origin, or inde-
population which has actual or potential ca- pendently by means of chemical synthesis
pability to contribute directly to the produc- or by a combination of extraction and chem-
tion of goods and services. [Art. 44, LC]. ical synthesis, and shall include any packag-
Manpower and Out-of-School Youth Devel- ing or repackaging of such substances, de-
opment Act. RA 5462. [Expressly repealed sign or configuration of its form, or labeling
by the Labor Code]. or relabeling of its container; except that
such terms do not include the preparation,
Manslaughter. The unlawful killing of another compounding, packaging or labeling of a
without malice, either express or implied. drug or other substances by a duly author-
Such may be either voluntary, upon a sud- ized practitioner as an incident to his/her
den heat, or involuntarily, but in the com- administration or dispensation of such drug
mission of some unlawful act. or substance in the course of his/her profes-
Manual count of ballots. Where voting using sional practice incl. research, teaching and
the AES ballots proceeded manually bec. chemical analysis of dangerous drugs or
the PCOS machines could not be used, such substances that are not intended for
votes shall be counted manually under the sale or for any other purpose. [Sec 3, RA
guidelines provided by the Comelec, and the 9165]. 4. Optical Media Law. The act or
courts shall be guided accordingly. [Sec. 3, business of producing optical media or de-
Rule 1, AM 10-4-1-SC, May 4, 2010]. vices containing sounds and/or images, or
software code, incl. any work protected in
Manual rape. For lack of a more descriptive Part IV of the IP Code (RA 8293), by mas-
term, the term used to refer to rape caused tering and/or replication. In relation to
not by the penis but by the fingers. [People equipment, manufacture shall refer to the
v. Salomon, GR 96848. Jan. 21, 1994]. assembly or integration of various compo-
nents into any equipment useful for the mas-

596
tering, manufacture and/or replication of op- or of different kinds and in such manner that
tical media. [Sec. 3, RA 9239]. the finished products of such process or
manufacture can be put to a special use or
Manufacture of dangerous drug. The pro-
uses to which such raw material or manu-
duction, preparation, compounding or pro-
factured or partially manufactured products
cessing of a dangerous drug either directly
in their orig. condition could not have been
or indirectly or by extraction from substanc-
put, and who in addition alters such raw ma-
es of natural origin, or independently by
terial or manufactured or partially manufac-
means of chemical synthesis or by a combi-
tured products, or combines the same to
nation of extraction and chemical synthesis,
produce such finished products for the pur-
and shall include any packaging or repack-
pose of their sale or distribution to others
aging of such substance or labeling or rela-
and not for his own use or consumption.
beling of its container; except that such term
[Sec. 131, RA 7160]. 6. In relation to a
does not include the preparation, com-
health product, (it) means an establishment
pounding, packaging, or labeling of a drug
engaged in any and all operations involved
or other substance by a duly authorized
in the production of health products incl.
practitioner as an incident to his administra-
preparation, processing, compounding,
tion or dispensing of such drug or substance
formnlating, filling, packing, repacking, alter-
in the course of his professional practice.
ing, ornamenting, finishing and labeling with
[Sec. 2, RA 6425].
the end in view of its storage, sale or distri-
Manufacturer. Any person, natural or juridical, bution: Provided, That the term shall not ap-
engaged in the business of manufacturing or ply to the compounding and filling of pre-
assembling motor vehicles. [Sec. 3, RA scriptions in drugstores and hospital phar-
10642]. 2. Any establishment engaged in macies. A trader shall be categorized as a
the operations involved in the production of manufacturer. [Sec. 9, RA 9711]. 7. Not.
a drug with the end view of storage, distribu- Rules. One who produces a notarial seal
tion, or sale of the product. [Sec. 4, RA and shall include an engraver and seal
9502]. 3. Any person entity, incl. a re- maker. [Sec. 20, Rule II, AM 02-8-13-SC].
packer, who makes, fabricates, assembles,
Manufacturing and possession of instru-
processes, or labels a finished product.
ments or implements for falsification.
[Sec. 4, RA 9211]. 4. The refinery in case of
refined sugar or cooking oil, the miller in
person who shall make or introduce into the
case of flour or rice, or the importer in case
Phils. any stamps, dies, marks, or other in-
of imported processed foods or food prod-
struments or implements intended to be
ucts, or the processor in case of other pro-
used in the commission of the offenses of
cessed foods or foods products. [Sec. 3, RA
counterfeiting or falsification. mentioned in
8976]. 5. Every person who, by physical or
the Rev. Penal Code, or who, with the inten-
chemical process, alters the exterior texture
tion of using them, shall have in his posses-
or form or inner substance of any raw mate-
sion any of the instruments or implements
rial or manufactured or partially manufac-
mentioned. [Art. 176, RPC].
tured product in such manner as to have
been put in its orig. condition, or who by any Manufacturing equipment. Any and all
such process alters the quality of any such equipment, machine or device, now known
raw material or manufactured or partially or to be known in the future, intended or de-
manufactured products so as to reduce it to sign for the production or manufacture, by
marketable shape or prepare it for any of the mastering and/or replication of optical me-
use of industry, or who by any such process dia, optical media masters, or production
combines any such raw material or manu- parts thereof. For the purpose of RA 9239,
factured or partially manufactured products optical disc writers and such other devices
with other materials or products of the same used in personal computers not for com-

597
mercial purposes shall not be considered as and ultimately "curtail any excessive de-
manufacturing equipment. [Sec. 3, RA mand upon the international reserve" [Sec.
9239]. 1, RA. 2609] in or order to stabilize the cur-
rency. [Caltex (Phils.), Inc. v. Acting Comm.
Manufacturing material. Any material such
of Customs, GR L-24619 Feb. 26, 1968].
as, but not limited to, optical grade polycar-
bonate or polycarbonate substitutes with Margin of error. A statistic expressing the
physical properties suitable for the manufac- amount of random sampling error in a sur-
ture of optical media. [Sec. 3, RA 9239]. vey's results.
Manzanas prohibidas. Sp. Forbidden apples. Margin of solvency. An excess of the value of
the admitted assets required to be main-
Map. A diagrammatic representation of an
tained by an insurance company doing
area of land or sea showing physical fea-
business in the Phils. exclusive of its paid-
tures, cities, roads, etc.
up capital, in the case of a domestic compa-
Map conversion. The process of transforming ny, or an excess of the value of its admitted
spatial information indicated on maps to assets in the Phils., exclusive of its security
digital format in order to organize these in- deposits, in the case of a foreign company,
formation into GIS-compatible datasets. over the amount of its liabilities, unearned
[Sec. 4, DENR AO 2008-24]. premium and reinsurance reserves in the
Phils. of at least 2 per mille of the total
Mapping. The act or process of making a amount of its insurance in force as of the
map. preceding calendar year on all policies, ex-
Mapping projects. Public land subdivision cept term insurance, in the case of a life in-
mapping (Plsm) and photo-cadastral map- surance company, or of at least 10% of the
ping (Pcadm) projects of which the greater total amount of its net premium written dur-
bulk of the activities is sketching which leads ing the preceding calendar year, in the case
to the preparation of mere graphical sketch- of a company other than a life insurance
es or maps. [Dir. of Lands v. Sec. of ENR, company. [Sec. 194, IC].
GR 79684. Feb. 19, 1991]. Compare with Margin requirements. The rules and regula-
Cadastral survey. tions which the SEC, in accordance with the
Margin. 1. The percentage of the value which credit and monetary policies that may be
must be paid in cash by the purchaser. promulgated from time to time by the Mone-
[Ojeda, Securities Regulation Code with An- tary Board of the BSP, shall prescribe with
notations, 2002, p. 92]. 2. A landward and respect to the amount of credit that may be
outer limiting edge adjacent to the border of extended on any security for the purpose of
any water bodies or a limit beyond where preventing the excessive use of credit for
beyond where saturation zone ceases to ex- the purchase or carrying of securities. [Sec.
ist. [Sec 4, RA 9275]. 48, SRC].
Margin allowance standard. The credit ex- Margin requirements. Purposes: They are
tended must be for an amount not greater primarily intended to achieve a macroeco-
than, whichever is higher of: (a) 65% of the nomic purpose – the protection of the over-
current market price of the security; or (b) all economy from excessive speculation in
100% of the lowest market price during the securities. Their recognized secondary pur-
preceding 36 months, but not more than pose is to protect small investors. [Abacus
75% of the current market price. Securities Corp. v. Ampil, GR 160016. Feb.
27, 2006].
Margin levy on foreign exchange. A form of
exchange control or restriction designed to Margin requirements against Letters of
discourage imports and encourage exports, Credit. The minimum cash margins for the

598
opening of letters of credit which the Mone- care, education, water and sanitation, em-
tary Board may at any time prescribe and ployment and livelihood opportunities, hous-
the size of the required margin which it may ing, social security, physical infrastructure;
relate to the nature of the transaction to be and the justice system. [Sec. 4, RA 9710].
financed. [Sec. 105, RA 7653].
Marginalized disabled persons. Disabled
Margin trading or Trading on credit. A kind persons who lack access to rehabilitative
of trading that allows investors to buy more services and opportunities to be able to par-
securities than their cash position would ticipate fully in socioeconomic activities and
normally allow. Investors pay only a portion who have no means of livelihood and whose
of the purchase price of the securities; their incomes fall below the poverty threshold.
broker advances for them the balance of the [Sec. 4, RA 7277].
purchase price and keeps the securities as
Marijuana or Indian hemp. A tall, coarse
collateral for the advance or loan. [Abacus
Asian plant, Cannabis sativa, of the family
Securities Corp. v. Ampil, GR 160016. Feb.
Cannabaceae, widely cultivated for its fiber
27, 2006].
and for its yield of intoxicating drugs. See
Marginal. Of, relating to, or situated at the Cannabis.
edge or margin of something.
MARINA. See Maritime Industry Authority.
Marginal deposit. A collateral security given [Sec. 3, RA 9295].
by the debtor (for a letter of credit), and is
Marine. Of, found in, or produced by the sea.
supposed to be returned to him upon his
compliance with his secured obligation. Marine insurance. Insurance against risks
[Abad v. CA, GR 42735. Jan. 22, 1990]. connected with navigation to which a ship,
cargo, freightage, profits or other insurable
Marginal farmer or fisherman. An individual
interest in movable property may be ex-
engaged in subsistence farming or fishing
posed during a certain voyage a fixed period
which shall be limited to the sale, barter or
of time.
exchange of agricultural or marine products
produced by himself and his immediate Marine insurance. Major divisions: (a) Ocean
family. [Sec. 131 (p), LGC]. mar. ins. which covers primarily sea perils of
ships and cargoes: (a.1) goods or cargoes;
Marginal fisherman. An individual engaged in
(a.2) earnings such as freight, passage
fishing whose margin of return or reward in
money; (a.3) liability incurred by reason of
his harvest of fish as measured by existing
maritime perils; and (4) ships or hulls; and
price levels is barely sufficient to yield a
(b) Inland mar. ins. which covers primarily
profit or cover the cost of gathering the fish.
the land or over the land [but sometimes
[Tano v. Socrates, GR 110249. Aug. 21,
water] transportation perils of property
1997, p. 1381 (1993)]. Compare with Sub-
shipped by railroads, motor trucks, air-
sistence fisherman.
planes, and other means of transportation. It
Marginalization. A condition where a whole also covers risks of lake, river, or the other
category of people is excluded from useful inland waterway transportation and other
and meaningful participation in political, waterborne perils outside of those risks that
economic, social, and cultural life. [Sec. 4, fall definitely within the ocean marine cate-
RA 9710]. gory.
Marginalized. The basic, disadvantaged, or Marine parks. Any off-shore area inhabited by
vulnerable persons or groups who are most- rare and unique species of marine flora and
ly living in poverty and have little or no ac- fauna. [Sec. 3, PD 705].
cess to land and other resources, basic so-
Marine perils. Perils to a ship or her cargo
cial and economic services such as health
causing damage to or loss of ship or cargo

599
in the course of navigation on the high seas Maritime. Connected with the sea, esp. in
or navigable waters that in admiralty law is relation to seafaring commercial or military
not attributable to latent defects in ship or activity.
cargo, to an unseaworthy ship, or to unskill-
Maritime administration or Single maritime
ful seamanship
administration. The MARINA, as the single
Marine protection and indemnity insurance. govt. agency mandated to ensure complete
Insurance against, or against legal liability of and effective implementation of the STCW
the insured for loss, damage, or expense in- Convention. [Sec. 2, RA 10635].
cident to ownership, operation, chartering,
Maritime commerce. The business of naviga-
maintenance, use, repair, or construction of
tion upon the sea, or to business transacted
any vessel, craft or instrumentality in use of
on the sea or in seaports. [Torres, Oblig. &
ocean or inland waterways, incl. liability of
Cont., 2000 Ed., p. 344].
the insured for personal injury, illness or
death or for loss of or damage to the proper- Maritime domain. Also Fluvial domain. The
ty of another person. [Sec. 99, IC]. bodies of water within the land mass and the
waters adjacent to the coasts of a state to a
Marine protest. A written statement under
specified limit, incl. land-locked lakes, rivers,
oath, made by the master of a vessel after
man-made canals, the waters in certain
the occurrence of an accident or disaster in
gulfs, bays and straits, and the territorial
which the vessel or cargo is lost or injured,
sea. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
with respect to the circumstances attending
61].
such occurrence. It is usu. intended to show
that the loss or damage resulted from a peril Maritime flag. A flag designated for use on
of the sea, or from some other cause for ships, boats, and other watercraft. Naval
which neither the master nor the owner was flags are considered important at sea and
responsible, and concludes with the protes- the rules and regulations for the flying of
tation against any liability of the owner for flags are strictly enforced. The flag flown is
such loss or damage. related to the country of registration: so
much so that the word "flag" is often used
Marine risk note. An acknowledgment or
symbolically as a synonym for "country of
declaration of the insurer confirming the
registration".
specific shipment covered by its Marine
Open Policy, the evaluation of the cargo and Maritime industry. All enterprises engaged in
the chargeable premium. [Aboitiz Shipping the business of designing, constructing,
Corp. v. Phil. Amer. Gen. Ins. Co., GR manufacturing, acquiring, operating, supply-
77530. Oct. 5, 1989]. ing, repairing and/or maintaining vessels, or
component parts thereof; of managing
Marital. Of or relating to marriage or the rela-
and/or operating shipping lines, stevedoring
tions bet. husband and wife.
arrastre and customs brokerage services,
Marital disqualification rule. The disqualifica- shipyards, drydocks, marine railways, ma-
tion of the husband or the wife to testify, dur- rine repair shops, shipping and freight for-
ing their marriage, for or against the other warding agencies and similar enterprises.
without the consent of the affected spouse, [Sec. 3, PD 474].
except in a civil case by one against the
Maritime Industry Authority (MARINA). A
other, or in a criminal case for a crime com-
govt. agency created on 01 June 1974 with
mitted by one against the other or the lat-
the issuance of PD 474 and started function-
ter's direct descendants or ascendants.
ing as an agency attached to the Office of
[Sec. 22, Rule 130, RoC]. Also called
the Pres. (OP) on 29 Aug. 1979 with the is-
Spousal disqualification rule.
suance of PD 761 mandating the agency to

600
integrate the development, promotion and Market infrastructure. 1. Facilities incl., but
regulation of the country‘s maritime industry. not limited to, market buildings, slaughter-
houses, holding pens, warehouses, market
Maritime law. A very specific body of law pe-
information centers, connecting roads,
culiar to transportation by water, seamen
transport and communication and cold stor-
and harbors. See also Admiralty law.
age used by the farmers and fisherfolk in
Maritime lien. A charge or claim against a marketing their produce. [Sec. 4, RA 8435].
vessel or its cargo. 2. Facilities such as market buildings,
slaughterhouses, holding pens and cold
Maritime protest. A written statement under
storage used by the farmers in marketing
oath, made by the master of a vessel, after their produce. [Sec. 4, RA 7607].
the occurrence of an accident or disaster in
which the vessel or cargo is lost or injured, Market price. The price which would be real-
with respect to the circumstances attending ized for petroleum produced under a con-
such occurrence. It is usually intended to tract if sold in a transaction bet. independent
show that the loss or damage resulted from persons dealing at arm's length in a free
a peril of the sea, or from some other cause market. [Sec. 3, PD 87].
for which neither master nor owner was re-
Market value. 1. The highest price estimated
sponsible, and concludes with the protesta-
in terms of money which the property will
tion against any liability of the owner for
buy if exposed for sale in the open market
such loss or damage.
allowing a reasonable time to find a pur-
Maritime protest. When required: (a) Arrival chaser who buys with knowledge of all the
under stress; [Art. 612 (8), Code of Comm.]; uses to which it is adapted and for which it is
(b) Shipwreck; [Arts. 601 (15), Code of capable of being used. The price which a
Comm.]; (c) If the vessel has gone through willing seller would sell and willing buyer
a hurricane or where the captain believes would buy, neither being under abnormal
that the cargo has suffered damages or av- pressure. [Sec. 3, PD 464]. 2. That reason-
erages; [Art. 642, Code of Comm.]; and (d) able sum which the property would bring on
Maritime collision. [Art. 835, Code of a fair sale by a man willing but not obliged to
Comm.]. sell to a man willing but not obliged to buy.
[Compagnie Franco-Indo Chinoise v.
Mark. Any visible sign capable of distinguish-
Deutch-Australische, 39 Phil., 474]. 3. A ba-
ing the goods [trademark] or services [ser- sis for the amount in which the property is to
vice mark] of an enterprise and shall include be disposed of. It is the amount which can
a stamped or marked container of goods.
be bought or sold for at the real estate mar-
[Sec. 38, RA 166]. ket, bet. a willing buyer and willing seller,
Market. An actual or nominal place where both having reasonable knowledge of all
forces of demand and supply operate, and relevant facts and with equity to both.
where buyers and sellers interact [directly or [Memo. from the Exec. Sec. dated Aug. 20,
through intermediaries] to trade goods, ser- 1998].
vices, or contracts or instruments, for money Market-driven. Determined by or responsive
or barter. to market forces.
Market access opportunity. The percentage Market-driven strategy. The corporate strate-
of the total annual volume of imports of an gy of an org. using market knowledge. See
agricultural product to the corresponding to-
User-led strategy.
tal volume of domestic consumption of the
said product in the country in the 3 immedi- Marketing. The action or business of promot-
ately preceding years for which data are ing and selling products or services.
available. [Sec. 4, RA 8800].

601
Marketing cooperative. One which engages Marriage. Formal requisites for validity: (a)
in the supply of production inputs to mem- Authority of the solemnizing officer; (b) a
bers and markets their products. [Art. 23, valid marriage license; except in the cases
RA 6938]. provided for in Chap. 2, Title I of the Family
Code; and (c) a marriage ceremony which
Marking. 1. Evid. The marking of all exhibits to
takes place with the appearance of the con-
facilitate their identification. It may be made
tracting parties before the solemnizing of-
at the pre-trial or during the trial. The plaintiff
ficer and their personal declaration that they
and the prosecution use capital letters (―A‖,
take each other as husband and wife in the
―B‖, ―C", etc.) and the accused use Arabic
presence of not less than 2 witnesses of le-
numbers (―1‖, ―2‖, ―3‖, etc.). 2. Crim. Law.
gal age. [Art. 3, FC].
The placing by the apprehending officer or
the poseur-buyer of his/her initials and sig- Marriage contracted against provisions of
nature on the items/s seized. [People v. laws. Crim. Law. The felony committed by
Sanchez, GR 175832, 15 Oct. 2008]. any person who, without being included in
the provisions of the Art. 349 of the Rev.
Marking upon immediate confiscation.
Penal Code, shall have contracted marriage
[This] does not exclude the possibility that
knowing that the requirements of the law
marking [of seized items] can be at the po-
have not been complied with or that the
lice station or office of the apprehending
marriage is in disregard of a legal impedi-
team. [People v. Resurreccion, GR 186380,
ment, or by either of the contracting parties
Oct. 12, 2009]; what is important is to en-
who shall obtain the consent of the other by
sure the preservation of the integrity and the
means of violence, intimidation or fraud.
evidentiary value of the seized items, as
[Art. 350, RPC].
these would determine the guilt or inno-
cence of the accused. [People v. Domado, Marriage license. An authority given by the
GR 172971, June 16, 2010]. state to its citizens to enable them to get
married. A positive testimony that the parties
Marriage. 1. A special contract of permanent
possess all the qualifications and none of
union bet. a man and a woman entered into
the disqualifications provided by law for mar-
in accordance with law for the establishment
riage.
of conjugal and family life. It is the founda-
tion of the family and an inviolable social in- Marriage settlement. 1. A contract entered
stitution whose nature, consequences, and into by a man and a woman who intend or
incidents are governed by law and not sub- plan to get married fixing the property re-
ject to stipulation, except that marriage set- gime that will govern their present and future
tlements may fix the property relations dur- properties during their marriage. 2. An
ing the marriage within the limits provided by agreement entered into by the future spous-
the Family Code. [Art. 1, FC]. 2. It is not only es fixing their property relations during the
a civil contract, but it is a new relation, an marriage such as the regime of absolute
institution in the maintenance of which the community, conjugal partnership of gains,
public is deeply interested. [Adong v. complete separation of property, or any oth-
Cheong See Gee, GR L-18081. Mar. 3, er regime allowed by law. The agreement
1922]. 3. The state-recognized, voluntary and any modification thereof shall be in writ-
and exclusive contract for the lifelong union ing, signed by the parties and executed be-
of 2 persons. fore the celebration of the marriage. They
shall not prejudice 3rd persons unless they
Marriage. Essential requisites for validity: (a)
are registered in the local civil registry where
Legal capacity of the contracting parties who
the marriage contract is recorded as well as
must be a male and a female; and (b) Con-
in the proper registries of properties. [From
sent freely given in the presence of the sol-
emnizing officer. [Art. 2, FC].

602
Arts. 1, 75 & 77, FC]. Also called Prenuptial in case of invasion or rebellion, when the
agreement. public safety requires it, to suspend, for a
period not exceeding 60 days, the privilege
Marshall dictum. ―The power to tax is the
of the writ of habeas corpus or place the
power to destroy.‖ Those were the strong
Phils. or any part thereof under martial law.
words of Chief Justice Marshall in McCul-
[Sec. 10 (2), Art. VII, 1987 Consti.].
loch v. The State of Maryland, 4 Law Ed.
579. Compare with Holmes dictum. See Mas vale que queden sin castigar diez reos
Power to tax is the power to destroy. presuntos, que se castigue uno inocente.
Sp. It would be better to set free 10 men
Marshalling yard. A designated open storage
who might be probably guilty of the crime
area within the container terminal where
charged than to convict one innocent man
containers are stocked systematically in
for a crime he did not commit. [People v.
preparation for loading aboard the container
Cunanan, GR L-17599, Apr. 24, 1967].
ship. [Sec. 1, PPA AO 08-79].
Masama. A Tagalog term which connotes bad
Marshy land. Land bordering on shores and
or evil.
banks of navigable rivers and lakes; it is
generally swampy or soft wet land. [Peña, Masiao. An illegal numbers game where the
Phil. Law on Natural Resources, 1997 Rev. winning combination is derived from the re-
Ed., p. 87]. sults of the last game of Jai Alai or the Spe-
cial Llave portion or any result thereof based
Martial. Of or appropriate to war; warlike.
on any fictitious Jai Alai game consisting of
Martial law. 1. A law of actual military necessi- 10 players pitted against one another, and
ty in actual presence of war, and is adminis- its variants. [Sec. 2, RA 9287].
tered by the general of the army, whose will
Mask. A covering for the face. [People v. Al-
it is, subject to slight limitations." [In Re:
menario, GR 66420. Apr. 17, 1989]. Com-
Aquino v. Enrile, GR L-35546. Sep. 17,
pare with Hood.
1974]. 2. The exercise of the power which
resides in the executive branch of the govt. Masochism. Legal Med. The sexual enjoy-
to preserve order and insure the public safe- ment a person receives from being harmed,
ty in times of emergency, when other threatened or abused. The pain and humilia-
branches of the govt. are unable to function, tion from the partner is the primary factor for
or their functioning would itself threaten the sexual gratification. The sexual deviate
public safety. [Javellana v. Exec. Sec., GR needs to sustain pain and suffering in order
L-36142. Mar. 31, 1973]. to attain orgasm. [Olarte, Legal Med., 1st Ed.
(2004), p. 116]. Compare with Sadism.
Martial law doctrine. The doctrine [that] de-
clares that a petition for writ of habeas cor- Masochist. Someone who obtains pleasure
pus becomes moot and academic once an from receiving punishment.
information or indictment is filed in court and
Mass media. 1. Any means or methods used
a warrant of arrest or an order of commit-
to convey advertising messages to the pub-
ment is issued against the person detained.
lic such as television, radio, magazines, cin-
[From Ilagan v. Enrile, GR 70748, Oct. 21,
ema, billboards, posters, streamers, hand
1985].
bills, leaflets, mails and the like. [Art. 4, RA
Martial law power of the President. The 7394]. 2. Any medium of communication de-
power of the Pres., as the Commander-in- signed to reach a mass of people. For this
Chief of all armed forces of the Phils., to call purposes, mass media includes print media
out such armed forces, whenever it be- such as, but not limited to, newspapers,
comes necessary, to prevent or suppress magazines, and publications; broadcast
lawless violence, invasion or rebellion, and, media such as, but not limited to, radio, tel-

603
evision, cable television, and cinema; elec- Master-servant relationship. The relation bet.
tronic media such as but not limited to the one who not only prescribes to the workman
internet. [Sec. 4, RA 9211]. the end of his work but directs or at any
moment may direct the means also, or re-
Massage. A method wherein the superficial
tains the power of controlling the work.
soft parts of the body are rubbed or stroked
or kneaded for remedial or aesthetic or hy- Masturbate. To stimulate one's own genitals
gienic purposes. [Sec. 59, PD 856]. for sexual pleasure.
Massage clinic attendant. A trained person Masturbation. Legal Med. The manual ma-
duly permitted by the Sec. [of Health] or his nipulation of the male penis to the point of
authorized representative to massage cus- ejaculation or of the vestibule, labia minora
tomers under the guidance and supervision and clitoris which is the female penis, or the
of a masseur. [Sec. 59, PD 856]. introduction of a penis substitute. [Olarte,
Legal Med., 1st Ed. (2004), p. 114]. Also
Massage clinic. An establishment where
Self-gratification.
massage is administered to customers.
[Sec. 59, PD 856]. Matched sale. There is a change of ownership
in the securities by entering an order for the
Masseur. A trained person duly licensed by
purchase or sale of security with the
the Sec. [of Health] or his authorized repre-
knowledge that a simultaneous order of
sentative to perform massage and to super-
substantially the same size, time, and price,
vise massage clinic attendants. [Sec. 59, PD
for the sale or purchase of any such securi-
856].
ty, has or will be entered by or for the same
Masseuse. 1. A female masseur. 2. A woman or different parties.
who gives massages professionally.
Matching. The judicious pairing of the adop-
Master. A man who has people working for tive child and the applicant to promote a mu-
him, esp. servants or slaves. tually satisfying parent-child relationship.
[Sec. 3, RA 8043]. The judicious pairing of a
Master agreement or policy. An insurance child with foster parent and family members
policy that states the coverage terms for based on the capacity and commitment of
group insurance and is issued by the insurer the foster parent to meet the individual
to a representative of the group or to an needs of the particular child and the capaci-
administrator of the insurance program,
ty of the child to benefit from the placement.
such as an employer. [Pineda v. CA, GR [Sec. 3, RA 10165].
105562, Sep. 27, 1993].
Material. Being both relevant and consequen-
Master deed. 1. Document that converts a
tial; crucial.
parcel of land into a condominium subdivi-
sion. 2. Used by a condominium developer Material accumulation system. The system
or converter for recording a condominium of penalty which refers to the absolute ac-
development. It divides a single property in- cumulation of crimes and penalties and es-
to individually owned units, includes re- tablishes no limitation whatsoever and, ac-
strictions on their use and provides for own- cordingly, all the penalties for all the viola-
ership of common areas. tions were imposed even if they reached
beyond the natural span of human life.
Mastering. The act or business of producing a Compare with Absorption system and Ju-
stamper made of glass, metal or other mate- dicial accumulation system.
rial, intended for the manufacture of optical
media. [Sec. 3, RA 9239]. Material alteration. Nego Inst. Law. Any alter-
ation which changes: (a) the date; (b) the
sum payable, either for principal or interest;

604
(c) the time or place of payment; (d) the the declaration or distribution of dividends
number or the relations of the parties; (e) by the REIT; ix. Any contract relating to joint
the medium or currency in which payment is venture, spin-off, consolidation or merger in-
to be made; (f) or which adds a place of volving the REIT; and x. Any contract that
payment where no place of payment is may be expected to materially affect the
specified, or any other change or addition market activity and/or the price of the inves-
which alters the effect of the instrument in tor securities issued by the REIT as may be
any respect, is a material alteration. [Sec. determined by the SEC. [Sec. 3, RA 9856].
125, NIL].
Material crimes. Those crimes which have 3
Material alteration fraudulently made. The stages of execution, namely, attempted,
material alteration fraudulently made by the frustrated and consummated. [Gregorio,
warehouseman on the warehouse receipt Fund. of Crim. Law Rev., 1997 9th Ed., p.
the effect of which is that he is liable acc. to 33].
the orig. tenor of the receipt to a purchaser
Material data rule. The rule in Sec. 6, Rule 41
of the receipt for value without notice, and
of the Rules of Court to the effect that where
even to the alterer and subsequent pur-
the trial court finds and declares in its order
chasers with notice, except that as regards
of approval of a record on appeal that it was
the last 2, the warehouseman‘s liability is
filed on time or within the reglementary peri-
limited only to delivery as he is excused
od and the correctness, accuracy and verac-
from any liability.
ity of such finding are not impugned, ques-
Material alteration innocently made. The tioned or disputed by the adverse party, the
material alteration innocently made by the non-inclusion of a motion or order is not fatal
warehouseman on the warehouse receipt and does not warrant dismissal of the ap-
the effect of which is that the he is liable on peal since the appellate court may properly
the altered receipt according to its orig. re- rely on the trial court's order of approval and
ceipt. determination of timeless of appeal. [Aznar
v. CA, GR L-38134. Sep. 30, 1978].
Material contract. An agreement or arrange-
ment where the amount involved is at least Material evidence. 1. Evidence which directly
5% of the deposited property of the REIT or proves a fact in issue. [Evidence: Basic
which is not entered into in the ordinary Principles and Selected Problems, J.
course of business of the REIT: Provided, Benipayo, UST Law Review, Vol. XLVIII,
however, That the following shall be Jan.-Dec. 2004]. 2. Evidence which is rele-
deemed a material contract regardless of vant to the issues in a case.
the amount: i. Related party transactions
Material fact. Ins. A fact which would affect
under Sec. 8.11 of RA 9856; ii. Contract bet.
the judgment of a prudent underwriter in de-
the REIT and fund manager; iii. Agreement
ciding whether to accept the risk and if so, at
bet. the REIT and property manager; iv.
what rate of premium and subject to what
Agreements bet. and among shareholders
terms and conditions. [Tiopianco, Commen-
such as voting trust agreements, pooling
taries and Jurisp. on the Ins. Code of the
agreements, joint venture agreements or
Phil., 1999 Ed., p. 41].
other shareholder agreements as may be
determined by the SEC; v. Any acquisition Material interest. An interest in issue and to
or disposition of real estate by the REIT; vi. be affected by the decree, as distinguished
Contracts relating to investments of the from mere interest in the question involved,
REIT under Sec. 8.3 of RA 9856; vii. Any or a mere incidental interest. Moreover, the
contract creating mortgages, encumbranc- interest of the party plaintiff must be person-
es, liens or rights on the real estate of the al and not one based on a desire to vindi-
REIT; viii. Contract of any nature that limits cate the constitutional right of some 3rd and

605
unrelated party. [De Joya v. PCGG, GR full pay based on her regular or average
96541. Aug. 24, 1993]. weekly wages, granted by the employer to a
pregnant woman employee who has ren-
Material matter. The main fact which was the
dered an aggregate service of at least 6
subject of the inquiry, or any circumstance
months for the last 12 months immediately
which tends to prove the fact, or any fact or
preceding the expected date of delivery, or
circumstance which tends to corroborate or
the complete abortion or miscarriage. [Art.
strengthen the testimony relative to the sub-
133, LC].
ject of the inquiry, or which legitimately af-
fects the credits of any witness who testifies. Maton. Tag. Bully; gang leader. See Siga-
[US v. Estraña, GR 5751. Sep. 6, 1910]. siga.
Material particular. Nego. Inst. Any particular Matriculation fee. Fee collected by the school
proper to be inserted in a nego. inst. to in consideration for the acceptance and reg-
make it complete. istration of student. [Sec. 1, PD 577].
Material possession. Natural possession or Matrimonial. Of or relating to marriage or
possession de facto. [Gatchalian v. Arlegui, married people.
GR L-35615. Feb. 17, 1977].
Matrimony. The legal state of being married.
Materially defective product. A product
Matters of judicial notice. Material requisites:
which, bec. of the pattern of the defect, the
(a) The matter must be one of common and
number of defective products distributed in
general knowledge; (b) it must be well and
commerce and the severity of the risk or
authoritatively settled and not doubtful or
otherwise, creates a substantial risk of injury
uncertain; and (c) it must be known to be
to the public. [Art. 4, RA 7394].
within the limits of the jurisdiction of the
Maternal. Relating to or characteristic of a court. [State Prosecutors v. Muro, AM RTJ-
mother or motherhood; motherly. 92-876. Sep. 19, 1994].
Maternal death review. A qualitative and in- Maturity. The time when an insurance policy,
depth study of the causes of maternal death security, etc., matures.
with the primary purpose of preventing fu-
Maturity period. The time when the conditions
ture deaths through changes or additions to
and obligations of contracts are to be com-
programs, plans and policies. [Sec. 4, RA
pletely fulfilled.
10354].
Maura Law. The Royal Decree of 1894 which
Maternal health. The health of a woman of
partly amended the Spanish Mortgage Law
reproductive age incl., but not limited to, dur-
and the Laws of the Indies. It established
ing pregnancy, childbirth and the postpartum
possessory information as the method of le-
period. [Sec. 4, RA 10354].
galizing possession of vacant Crown land,
Maternity. 1. Motherhood. 2. The period dur- under certain conditions which were set
ing pregnancy and shortly after childbirth. forth in said decree. [De Aldecoa v. The In-
sular Govt., GR L-3894 Mar. 12, 1909].
Maternity home. An institution or place of
residence whose primary function is to give Maxim. An established principle or proposition.
shelter and care to pregnant women and A principle of law universally admitted as be-
their infants before, during and after deliv- ing just and consonant with reason.
ery. [Art. 117, PD 603].
Maximum. The greatest possible quantity or
Maternity leave benefits. The leave benefits degree.
of at least 2 weeks before and 4 weeks after
the delivery, miscarriage or abortion, with

606
Maximum penalty. The penalty set out at law MCIOs. See Municipal Court Information
as the greatest penalty which a court can Officers.
impose for a certain offense.
MCIT. See Minimum corporate income tax.
Maximum security. A correctional facility
MCP. See Monthly Cash Program.
designed for or housing prisoners regarded
as being very dangerous to society. MCTC. Municipal Circuit Trial Court.
Maximum sustainable yield (MSY). The larg- MDS. See Modified Disbursement Scheme.
est average quantity of fish that can be har-
vested from a fish stocks or resource within Meal period. Labor. Time-off given by the
employers for the regular meals of their em-
a period of time [e.g. one year] on a sus-
tainable basis under existing environmental ployees which shall not be less than 60
conditions. [Sec. 4, RA 8550]. minutes. [Art. 85, LC].
Maximum term. [It] corresponds to ―that Means test. 1. A protocol administered at the
which, in view of the attending circumstanc- barangay level to determine the ability of in-
dividuals or households to pay varying lev-
es, could be properly imposed under the
rules of the [Rev. Penal] Code.‖ [People v. els of contributions to the Natl. Health Insur-
Temporada. GR 173473, Dec. 17, 2008, ance Program, ranging from the indigent in
the community whose contributions should
Sep. Op., Corona, J]. Compare with Mini-
mum term. be totally subsidized by the govt., to those
who can afford to subsidize part but not all
Maximum tolerance. The highest degree of the required contributions for the Program.
restraint that the military, police and other [Sec. 1, RA 9241]. 2. The set of criteria used
peace keeping authorities shall observe dur- to determine whether the applicant is one
ing a public assembly or in the dispersal of who has no money or property sufficient and
the same. [Sec.3, BP 880]. available for food, shelter and basic necessi-
ties for himself and his family. [Sec. 1, Art. 2,
May. 1. An auxiliary verb indicating liberty,
AM 08-11-7-SC (IRR), Sep. 10, 2009].
opportunity, permission or possibility. [Ca-
pati v. Ocampo, GR L-28742. Apr. 30, Measured capacity. The estimated additional
1982]. 2. Usu. permissive, not mandatory. volume of production which the Board of In-
[Luna v. Abaya, GR L-3443 May 26, 1950]. vestments determines to be desirable in
each preferred and pioneer area of invest-
May be. The term connotes possibility; it does
ment, in order to supply the needs of the
not connote certainty. [Capati v. Ocampo,
economy at reasonable prices, taking into
GR L-28742. Apr. 30, 1982].
account the export potential of the area.
Mayor. The elected head of a city or munici- Measured capacity shall not be less than the
pality. amount by which the measurable market
demand exceeds the existing productive ca-
Mayorazgo. Sp. From ―major natu,‖ the first-
pacity in said preferred and pioneer areas
born. The right to succeed to the property
nor shall measured capacity be so much in
left upon the condition that it be preserved
excess of measurable market demand as to
perpetually intact in the family and that it be
foster or encourage overcrowding in any
transmitted in order of succession to each
such area. [Sec. 3, RA 5186].
next first-born. The confiding of the entailed
properties to the first-born in order that he Measurement. Quantitative expression of the
may preserve them for the family and deliver state of phenomenon or matter such as
them to his successor. [Barretto v. Tuason, length, mass, time, electric current, tem-
GR 23923. Mar. 23, 1926]. perature, light intensity, surface area, vol-
ume, velocity, acceleration, force, pressure,
MB. See Monetary Board.

607
work, power, beat, angle, and others. [Sec. ucts which contain meat or other portions of
2, BP 8]. such carcasses only in a relatively small
proportion or historically have not been con-
Meat. The fresh, chilled or frozen edible car-
sidered by consumers as products of the
cass incl. offal derived from food animals.
meat industry, and which are exempted from
[Sec. 4, RA 9296].
definition as a meat product by the DA Sec.
Meat broker. Any person, firm or corp. en- under such conditions as he may prescribe
gaged in the business of buying or selling to assure that the meat or other portions of
carcasses, parts of carcasses, meat, or such carcasses contained in such product
meat food products of food animals on are not adulterated and that such products
commission, or otherwise negotiating pur- are not represented as meat products. [Sec.
chases or sales of such articles other than 4, RA 9296].
for his own account or as an employee of
Mechanic’s lien. The possessory right of a
another person, firm or corp. [Sec. 4, RA
contractor in Art. 1731 of the Civ. Code. The
9296].
contractor‘s right is to hold the movable in
Meat establishment. Premises such as pledge or as security for the payment of
slaughterhouse, poultry dressing plant, meat what is due him by way of service charge,
processing plant, cold storage, warehouse and to move for the sale of the movable
and other meat outlets that is approved and pledged in order to collect the amount
registered by the NMIS in which food ani- claimed from the proceeds.
mals or meat products are slaughtered, pre-
Mechanical engineering, Practice of. A per-
pared, processed, handled, packed or
son shall be deemed to be practicing me-
stored. [Sec. 4, RA 9296].
chanical engineering or rendering mechani-
Meat Inspection Code of the Philippines, cal engineering service within the meaning
The. RA 9296 entitled ―An Act Strengthen- and intent of RA 5336, who shall, for a fee,
ing the Meat Inspection System in the Coun- salary or other reward or compensation paid
try, Ordaining for this Purpose A ―Meat In- to himself or to another person, or even
spection Code of the Phils.‖ and for Other without such reward or compensation, ren-
Purposes‖ enacted on May 12, 2004. der professional mechanical engineering
service in the form of consultation, investiga-
Meat Inspection System. A system to ensure
tion, valuation, planning, design, or prepara-
the safety and quality of meat and meat tion of specifications or estimates for, or
products for human food incl. but not limited take charge of management, administration
to humane handling of slaughter animals,
and supervision of the construction, erec-
ante-mortem and post-mortem inspection, tion, installation or alteration of, or render
Quality Assurance Program, Hygiene and engineering service in connection with the
Sanitation Program, Good Manufacturing manufacture, sale, supply or distribution of,
Practices, Sanitation Standard Operating or to manage, operate, tend or maintain any
Procedures, Hazard Analysis Critical Control
mechanical equipment machinery or pro-
Point Program, and Residue Control Pro- cess, for any mechanical works, project or
gram, of a country. It covers regulatory ac- plant; or who shall, by means of signs,
tivities such as registration, licensing, ac- cards, advertisement or in any other way, of-
creditation, and enforcement of regulations fer to practice mechanical engineering or to
and supported by laboratory examination.
render professional mechanical engineering
[Sec. 4, RA 9296]. service, or who shall in connection with his
Meat Product. Any product capable of use as name, or otherwise, use, assume or adver-
human food which is made wholly or in part tise any title or description tending to convey
from any meat or other portion of the car- the impression that he is a professional me-
cass of any food animals, excepting prod- chanical engineer, or mechanical engineer,

608
or certified plant mechanic, or that he is en- Mediator. A person who conducts mediation.
gaged in the practice of mechanical engi- [Sec. 3, RA 9285].
neering as defined in RA 5336. [Sec. 13, RA
Medical Act of 1959, The. RA 2382 enacted
5336].
on June 20, 1959 which provides for and
Mechanical equivalents doctrine. [The doc- governs (a) the standardization and regula-
trine under which] the patentee is protected tion of medical education; (b) the examina-
from colorable invasions of his patent under tion for registration of physicians; and (c) the
the guise of substitution of some part of his supervision, control and regulation of the
invention by some well known mechanical practice of medicine in the Phils.
equivalent. It is an infringement of the patent
Medical care expenses. Amounts paid for the
if the substitute performs the same function
diagnosis, cure, mitigation, treatment, or
and was well known at the date of the patent
prevention of diseases, or for the purpose of
as a proper substitute for the omitted ingre-
affecting any structure or function of the
dient. [Gsell v. Yap-Jue, GR L-4720, Jan.
body, but excl. amounts paid for medicines.
19, 1909]. See Doctrine of mechanical
[Sec. 30, PD 69].
equivalents.
Medical clinic. A place in which patients can
Med-arbiter. An official in the DOLE-Regional
avail of medical consultation or treatment on
Office authorized to hear, conciliate, medi-
an outpatient basis. [Sec. 2, RA 8344].
ate and decide representation cases, inter-
nal union and inter-union disputes. [Sec. 1, Medical confidentiality. The relationship of
Rule 1, Book 5, IRR of LC]. trust and confidence created or existing bet.
a patient or a person with HIV and his at-
Mediation. 1. A voluntary process in which a
tending physician, consulting medical spe-
mediator, selected by the disputing parties,
cialist, nurse, medical technologist and all
facilitates communication and negotiation,
other health workers or personnel involved
and assist the parties in reaching a volun-
in any counseling, testing or professional
tary agreement regarding a dispute. [Sec. 3,
care of the former; it also applies to any per-
RA 9285]. 2. A form of alternative dispute
son who, in any official capacity, has ac-
resolution in which the parties bring their
quired or may have acquired such confiden-
dispute to a neutral 3rd party, who helps
tial information. [Sec. 4, RA 8496].
them agree on a settlement.
Medical device. Any instrument, apparatus,
Mediation Order. Rem. Law. An Order issued
implement, machine, appliance, implant, in-
by the trial court, after determining the pos-
vitro reagent or calibrator, software, materi-
sibility of an amicable settlement or of a
al, or other similar or related article intended
submission to alternative modes of dispute
by the manufacturer to be used alone, or in
resolution, referring the case to the specially
combination, for human beings for one or
trained family mediators at the Phil. Media-
more of the specific purpose(s) of: diagno-
tion Center (PMC) Unit for mediation and di-
sis, prevention,, monitoring, treatment or al-
recting the parties to proceed immediately to
leviation of disease; diagnosis, monitoring,
the PMC Unit. [Rule 2, AM 10-4-16-SC]. Al-
treatment, alleviation of, or compensation for
so called Order of Mediation.
an injury; investigation, replacement, modifi-
Mediation party. A person who participates in cation, or support of the anatomy or of a
a mediation and whose consent is neces- physiological process; supporting or sustain-
sary to resolve the dispute. [Sec. 3, RA ing life; preventing infection; control of con-
9285]. ception; disinfection of medical devices; and
providing information for medical or diagnos-
Mediation-arbitration. Also Med-arb. A step
tic purposes by means of in-vitro examina-
dispute resolution process involving both
tion of specimens derived from the human
mediation and arbitration. [Sec. 3, RA 9285].

609
body. This device does not achieve its pri- Medical services. Hospital services, profes-
mary intended action in or on the human sional services of physicians and other
body by pharmacological, immunological, or health care professionals and diagnostics
metabolic means but which may be assisted and laboratory tests that the necessary for
in its intended function by such means. the diagnosis or treatment of an illness or in-
[Sec. 9, RA 9711]. jury. [Sec. 3. RA 9994].
Medical malpractice. Professional negligence Medical technician. A person who not being a
by act or omission by a health care provider graduate of Bachelor of Science in Medical
in which care provided deviates from ac- Technology or Bachelor of Science in Hy-
cepted standards of practice in the medical giene, but having passed the corresponding
community and causes injury or death to the civil service examination, performs the work
patient, with most cases involving medical of medical technology under the supervision
error. [Li v. Soliman, GR 165279, June 7, of a registered medical technologist and/or
2011]. qualified pathologist. [Sec. 2, RA 5527].
Medical malpractice. Essential elements a Medical technologist. A person who engages
plaintiff must prove in a malpractice action in the work of medical technology under the
based upon the doctrine of informed con- supervision of a pathologist or licensed phy-
sent: (a) the physician had a duty to disclose sician authorized by the DOH in places
material risks; (b) he failed to disclose or in- where there is no pathologist and who hav-
adequately disclosed those risks; (c) as a di- ing passed a prescribed course [Bachelor of
rect and proximate result of the failure to Science in Medical Technology or Bachelor
disclose, the patient consented to treatment of Science in Hygiene] of training and exam-
she otherwise would not have consented to; ination is registered under the provision of
and (d) plaintiff was injured by the proposed RA 5527. [Sec. 2, RA 5527].
treatment. [Li v. Soliman, GR 165279, June
Medical technology. An auxiliary branch of
7, 2011].
laboratory medicine which deals with the
Medical malpractice (or Medical negli- examination by various chemical, micro-
gence) lawsuit. That type of claim which a scopic, bacteriologic and other medical la-
victim has available to him or her to redress boratory procedures or technic which will aid
a wrong committed by a medical profes- the physician in the diagnosis, study and
sional which has caused bodily harm. [Gar- treatment of disease and in the promotion of
cia-Rueda v. Pascasio, GR 118141, Sep. 5, health in general. [Sec. 2, RA 5527].
1997].
Medical technology, Practice of. A person
Medical negligence. Improper, unskilled, or shall be deemed to be in the practice of
negligent treatment of a patient by a physi- medical technology within the meaning of
cian, dentist, nurse, pharmacist, or other PD 498, who shall for a fee, salary or other
health care professional. See Medical mal- compensation or reward paid or given di-
practice. rectly or indirectly through another, renders
any of the following professional services for
Medical negligence. Elements involved: Duty,
the purpose of aiding the physician in the
breach, injury and proximate causation.
diagnosis, study and treatment of diseases
[Garcia-Rueda v. Pascasio, GR 118141,
and in the promotion of health in general.
Sep. 5, 1997].
[Sec. 2, PD 498].
Medical physicist. A physicist who specializ-
Medicare. The health insurance program cur-
es in the application of the principles and
rently being implemented by the Phil. Medi-
techniques of physics in medicine. [Sec. 3,
cal Care Commission. It consists of: (a)
RA 7431].
Program I, which covers members of the

610
SSS and GSIS incl. their legal dependents; Medulla oblongata. The lowest or posterior
and (b) Program II, which is intended for part of the brain, extending from the isth-
those not covered under Program I. [Sec. 1, must rhombencephali to the spinal cord into
RA 9241]. which it gradually tapers off. It connects the
brain with the spinal cord.
Medicinal. Curative or alleviative, used for the
cure or alleviation of body disorders. Meeting of the minds. [It] speaks of the intent
of the parties in entering into the contract
Medicinal preparations. Substances used in
respecting the subject matter and the con-
medicine and prepared for the use of the
sideration thereof, and if the words of the
apothecary or the physician to be adminis-
contract appear to be contrary to the evident
tered as a remedy for diseases [La Tondeña
intention of the parties, the latter shall pre-
v. Coll. of Int. Rev., GR L-14336 Apr. 30,
vail over the former.
1964].
Mejora. Sp. Betterment. The disposition by
Medicine sample. Medicine given free to
parents of one of the 2/3 forming the le-
members of the medical profession by drug
gitime in order to apply it as betterment to
manufacturers.
their legitimate children or descendants. [Es-
Medicines. Prescription and non- torque v. Estorque, GR L-19573. June 30,
prescription/over-the-counter drugs, both 1970].
generic and branded, incl. vitamins and
Melancholia. Legal Med. An intense feeling of
mineral supplements medically prescribed
depression and misery which is unwarranted
by the elderly's physician, and approved by
by his physical condition and external envi-
the DOH and the FDA, which are intended
ronment. [Olarte, Legal Med., 1st Ed. (2004),
for use in the diagnosis, cure, mitigation,
p. 150].
treatment or prevention of human disease or
sickness. It does not include food, devices Member. Health Ins. Any person whose pre-
or their components, parts, or accessories. miums have been regularly paid to the Natl.
[Art. 5, IRR of RA 9994]. Health Insurance Program. He may be a
paying member, a sponsored member, or a
Medico-legal. Of or pertaining to law as af-
lifetime member. [Sec. 3, RA 10606].
fected by medical facts.
Members. The corporators of a non-stock
Medico-legal officers. Physicians or their duly
corp. [Sec. 5, CC].
designated deputies, from the Natl. Bu. of
Investigation (NBI), the Phil. Natl. Police Members in the Formal Economy. Health
Crime Laboratory (PNP), the Military Forces Ins. Workers with formal contracts and fixed
(Army, Marines, Navy, Air Force) or any terms of employment incl. workers in the
similar govt. institution or department who govt. and private sector, whose premium
have custody of medico-legal case and vio- contribution payments are equally shared by
lent deaths, such cases being defined as: the employee and the employer. [Sec. 3, RA
(a) death from accidents or trauma; (b) 10606].
death from homicide or murder or apparent
Members in the Informal Economy. Health
suicide; (c) death from undetermined cause;
Ins. Workers who are not covered by formal
or (d) violent deaths such as military casual-
contracts or agreements and whose premi-
ties. [Sec. 4, DOH AO 11-95].
um contributions are self-paid or subsidized
Medium Term Expenditure Framework by another individual through a defined crite-
(MTEF). A planning and budgeting frame- ria set by the PhilHealth. [Sec. 3, RA
work of the govt. which provides a medium 10606].
term 3-year perspective to decision-making
Members of the family. Those persons hav-
process during budget preparation.
ing family relations referred to under Art.

611
150 of the Family Code. It shall include the objective. The purpose of an MOA is to have
employer parent's or legal guardian's hus- a written understanding of the agreement
band or wife, parents, children, other as- bet. parties.
cendants or descendants, brothers and sis-
Memorandum of Understanding (MOU). A
ters whether of full or half blood. [Sec. 2, RA
document describing a bilateral or multilat-
7658].
eral agreement bet. 2 or more parties. It ex-
Memoir or Memorandum. Intl. Law. A diplo- presses a convergence of will bet. the par-
matic note, either signed or merely initiated ties, indicating an intended common line of
by the negotiators, containing salient points. action. It is often used in cases where par-
[Coquia and Santiago, Intl. Law, 3rd Ed. ties either do not imply a legal commitment
(1998), p. 494]. or in situations where the parties cannot
create a legally enforceable agreement. It is
Memorandum. Rem. Law. An informal note or
a more formal alternative to a gentlemen's
instrument embodying something the parties
agreement.
desire to have in written evidence.
Memorandum Orders (MO). Acts of the Pres.
Memorandum check. It is in the form of an
on matters of administrative detail or of sub-
ordinary check, with the word "memoran-
ordinate or temporary interest which only
dum", "memo" or "mem" written across its
concern a particular officer or office of the
face, signifying that the maker or drawer en-
Govt. shall be embodied in MOs. [Sec. 5,
gages to pay the bona fide holder absolute-
Admin. Code of 1987].
ly, without any condition concerning its pre-
sentment. Such a check is an evidence of Memorialized. In writing.
debt against the drawer, and although may
Memory. Internal storage areas in the com-
not be intended to be presented, has the
puter.
same effect as an ordinary check, and if
passed to a 3rd person, will be valid in his Memory pack diskette. A device used to
hands like any other check. [People v. Nita- store data. [Sec. 2, RA 8046].
fan, GR 75954. Oct. 22, 1992].
Memory pack receiver. A dedicated machine
Memorandum Circulars (MC). Acts of the that reads memory packs. [Sec. 2, RA
Pres. on matters relating to internal admin- 8046].
istration, which the Pres. desires to bring to
Menarche. 1. The onset of the 1st menstrua-
the attention of all or some of the depart-
ments, agencies, bureaus or offices of the tion of a girl. 2. The first menstrual period.
Govt., for information or compliance, shall [People v. Ramirez, Jr., GR 150079 June
10, 2004].
be embodied in MCs. [Sec. 6, Admin. Code
of 1987]. Mendicancy Law of 1978. PD 1563 entitled
Memorandum decision. 1. A decision of the ―Establishing an integrated system for the
appellate court which adopt the findings and control and eradication of mendicancy,
the conclusion of the trial court. 2. A deci- providing penalties, appropriating funds
therefor, and for other purposes‖ signed into
sion rendered by an appellate court which
incorporates by reference the findings of fact law on June 11, 1978.
or the conclusions of law contained in the Mendicant. Any person, except those enu-
decision, order or ruling under review. merated in Sec. 4 of PD 1563, who has no
[Francisco v. Permskul, GR 81006. May 12, visible and legal means of support, or lawful
1989]. employment and who is physically able to
Memorandum of Agreement (MOA). A doc- work but neglects to apply himself to some
ument written bet. parties to cooperate on lawful calling and instead uses begging as a
means of living. [Sec. 3, PD 1563].
an agreed upon project or meet an agreed

612
Mens legislatories. Lat. The object or pur- Mental deficiency or retardation. A sub-
pose of legislation. average intellectual ability present from birth
or early infancy. [Olarte, Legal Med., 1st Ed.
Mens rea. Lat. Guilty mind. 1. Many serious
(2004), p. 155].
crimes require the proof of mens rea before
a person can be convicted. In other words, Mental health. The psychological state of
the prosecution must prove not only that the someone who is functioning at a satisfactory
accused committed the offense but that he level of emotional and behavioral adjust-
did it knowing that it was prohibited; that his ment.
act or omission was done with an intent to
Mental pachyderm. A distorted mind, a mind
commit a crime. 2. A guilty mind, a guilty or
that is insensible, unfeeling, senseless,
wrongful purpose or criminal intent. [People
hardened, callous. [People v. Aquino, GR L-
v. Moreno, GR 126921. Aug. 28, 1998, 5th
23908. Oct. 29, 1966].
Ed., p. 889].
Mercantile. Of or relating to trade or com-
Mental or Psychological torture. Acts com-
merce; commercial.
mitted by a person in authority or agent of a
person in authority which are calculated to Mercantile agency. Any person engaged in
affect or confuse the mind and/or undermine the gathering information as to the financial
a person's dignity and morale. Compare standing ability or credit of persons engaged
with Physical torture. in business, and reporting the same to sub-
scribers or to customers applying and pay-
Mental or Psychological torture. Kinds: (1)
ing therefor. [Sec. 1, PD 426]. See Collect-
Blindfolding; (2) Threatening a person(s) or
ing agency.
his/her relative(s) with bodily harm, execu-
tion or other wrongful acts; (3) Confinement Mercenary. Intl. Law. A volunteer who, for
in solitary cells or secret detention places; monetary award, enters into an agreement
(4) Prolonged interrogation; (5) Preparing a to fight for the armed forces of a foreign
prisoner for a "show trial", public display or State or an entity purporting to exercise au-
public humiliation of a detainee or prisoner; thority over a country or people or part
(6) Causing unscheduled transfer of a per- thereof. [Coquia and Santiago, Intl. Law, 3rd
son deprived of liberty from one place to an- Ed. (1998), p. 611].
other, creating the belief that he/she shall be
Merchandise. As used in Bulk Sales Law,
summarily executed; (7) Maltreating a
member/s of a person's family; (8) Causing things and articles which are kept for sale by
the torture sessions to be witnessed by the a merchant.
person's family, relatives or any 3rd party; Merchant. 1. A person engaged in the sale,
(9) Denial of sleep or rest; (10) Shame inflic- barter, or exchange of personal property of
tion such as stripping the person naked, pa- whatever character. [Sec. 1459, Act 2711;
rading him/her in public places, shaving the Whitaker v. Rafferty, GR 11962. Aug. 27,
victim's head or putting marks on his/her 1918]. 2. A person engaged in buying and
body against his/her will; (11) Deliberately selling merchandise at a fixed place of busi-
prohibiting the victim to communicate with ness, which business is conducted in his
any member of his/her family; and (12) Oth- name, and who during the time he claims to
er analogous acts of mental or psychological be engaged as a merchant does not engage
torture. [Sec. 4, RA 9745]. in the performance of any manual labor ex-
cept such as is necessary in the conduct of
Mental anguish. Distress or serious pain as
distinguished from annoyance, regret or his business as such merchant [Singh v.
vexation. Board of Comm., GR L-11015. Feb. 25,
1961].

613
Merchant marine deck officer. A duly regis- Merger. Corp. Law. 1. The union of 2 compa-
tered, certified and licensed master mariner, nies that results in the continuation of the
chief mate and officer-in-charge of a naviga- corporate existence and survival of one
tional watch. [Sec. 4, RA 8544]. constituent company and dissolution of the
other. [Tiopianco, Commentaries & Jurisp.
Merchant marine engineer officer. A duly
registered, certified and licensed chief engi-
207]. 2. The absorption by one corp. of the
neer, 2nd engineer, and officer-in-charge of
other with the former remaining in existence
an engineering watch in a manned engine-
and latter being dissolved. [per Sec. 76,
room or designated duty engineer in a peri-
Corp. Code]. See Confusion.
odically unmanned engine-room, and
coastal engineer. [Sec. 4, RA 8544]. Merger and consolidation. Corp. Law. The
merger of 2 or more corps. into a single
Merchant marine officer. Marine deck or
corp. which shall be one of the constituent
engineer officer. [Sec. 4, RA 8544].
corps. or may consolidate into a new single
Merchant marine profession, Practice of. corp. which shall be the consolidated corp.
The profession requiring the application of [Sec. 76, Corp. Code]. Compare with Con-
fundamental and known principles of navi- solidation.
gation, seamanship and engineering to the
Merger rule. Intl. Law. Legal rule that the trea-
peculiar condition and requirements of on
ties in effect in a former state remain in ef-
board management, operation and mainte-
fect in its territory when it becomes part of a
nance of main propulsion and auxiliary en-
new state.
gines, stability and trim of the vessel and
cargo handling. [Sec. 4, RA 8544]. Meridional. Of or in the south; southern.
Merchant marine vessel. Applies only to the Meridional block. An area bounded by 1/2
commercial ships, propelled by machinery, minute of latitude and 1/2 minute of longi-
public or private, strictly engaged in mari- tude, containing approximately 81 has. See
time commerce, both seagoing and/or near- Block.
coastal trade, vessels engaged in the train-
Merit and fitness. The standard acc. to which
ing of cadets for the merchant marine pro-
appointments in the civil service can only be
fession, and noncombatant vessels of the
made, to be determined as far as practica-
Phil. Govt. [Sec. 4, RA 8544].
ble by competitive examinations.
Merchants. (a) Those who, having legal ca-
Merit and fitness standard. The standard that
pacity to engage in commerce, habitually
the most qualified and competent shall be
devote themselves to it, and (b) commercial
preferred in the appointment to positions in
or industrial companies which may be creat-
the civil service.
ed in accordance with law. [Art. 1, Code of
Commerce]. Merit test. The ascertainment of whether the
applicant‘s cause of action or his defense is
Mercury Drug rule. Labor. The rule enunciat-
valid and whether the chances of establish-
ed by the Sup. Court in the Mercury Drug
ing the same appear reasonable. [Sec. 1,
case [Mercury Drug Co. v. CIR, GR L-
Art. 2, AM 08-11-7-SC (IRR), Sep. 10,
23357, 30 Apr. 1974] which adopted the pol-
2009].
icy of granting to employee backwages for a
maximum period of 3 years without qualifi- Merits. A matter of substance in law, as distin-
cation and deduction [in order] to remedy guished from matter of form, and as the real
the delay brought about by the Deduction or substantial grounds of action or defense,
of Earnings Elsewhere rule, and to speed in contradistinction to some technical or col-
up execution process. lateral matter raised in the course of the suit.
A judgment is upon the merits when it

614
amounts to a declaration of the law as to the rect reduction furnaces to the final finished
respective rights and duties of the parties, product state, either separately or part of an
based upon the ultimate fact or state of facts integrated process. [Sec. 2, RA 6428].
disclosed by the pleadings and evidence,
Metastasis of the colon cancer. The spread
and upon which the right of recovery de-
of colon cancer to distant organs. [Leonis
pends, irrespective of formal, technical or di-
Navigation Co., Inc. v. Villamater, GR
latory objections or contentions. [Escarte v.
179169. Mar. 3, 2010].
Off. of the Pres., GR 58668. Dec. 4, 1990].
MeTC. Metropolitan Trial Court.
Metal. A solid material that is typically hard,
shiny, malleable, fusible, and ductile, with Meter or Metre. The base unit of length which
good electrical and thermal conductivity. is the length equal to 1 650 763.73 wave-
lengths in vacuum of the radiation corre-
Metallic deposits. Those which contain any of
sponding to the transition bet. the levels 2p
the metallic elements or minerals, or their
10 and 5d 5 of the krypton 86 atom. [Sec. 4,
combination, such as gold, silver, platinum,
BP 8].
tin, chromium, iron, manganese, copper,
nickel, lead, zinc cinnabar, tungsten and the Methamphetamine hydrochloride. Common-
like. [Sec. 18, PD 464]. ly known as "Shabu", "Ice", "Meth", or by its
any other name. The drug having such
Metallic minerals. Minerals with a high specif-
chemical composition, incl. any of its iso-
ic gravity and metallic luster, such as titani-
mers or derivatives in any form. [Sec 3, RA
um, rutile, tungsten, uranium, tin, lead, iron,
9165].
etc. In general, the metallic minerals are
good conductors of heat and electricity. Methylenedioxymethamphetamine or Ec-
Compare with Non-metallic minerals. stasy. The drug having such chemical com-
position, incl. any of its isomers or deriva-
Metallurgy or Metallurgical engineering,
tives in any form. [Sec 3, RA 9165].
Practice of. (a) A person shall be deemed
to be practising metallurgical engineering Metric system. The intl. System of Units, or SI
within the meaning and intent of PD 1563 in brief, as established by the General Con-
who shall, for a fee, salary or other reward ference of Weights and Measures and as in-
or compensation, paid to him or through an- terpreted or modified by the Metric System
other person, or even without such reward Board, established pursuant to PD 187, as
or compensation, render or offer to render amended by PD 748, to suit Phil. conditions.
professional service in metallurgy or metal- [Sec. 2, BP 8].
lurgical engineering in the form of consulta-
Metropolitan Manila. A public corp., originally
tion, investigation, valuation, planning, de-
signing or supervision of operation; (b) The created under PD 824, embracing the cities
term metallurgy or metallurgical engineering of Caloocan, Manila, Mandaluyong, Makati,
as used in PD 1536, shall mean the teach- Pasay, Pasig, Quezon, and Muntinlupa, Las
ing and practice of the science and technol- Piñas, Malabon, Marikina, Parañaque,
Taguig, and Valenzuela, and the municipali-
ogy of preparing minerals and metals from
ores by separating them from mechanical ties of Navotas, Pateros and San Juan,
mixture and chemical combination and/or fi- which was later constituted into a special
nally processing them for use. [Sec. 12, PD development and administrative region sub-
1536]. ject to direct supervision of the Pres. of the
Phils. by virtue of RA 7924.
Metals industry. The manufacture from ore
materials of products of all precious, base Metropolitan Manila Development Authority
and rare metals and their alloys, incl. all (MMDA). The govt. body created under RA
7924 to administer the affairs of Metropoli-
processes from smelting in direct and indi-
tan Manila.

615
MFOs. See Major Final Outputs. Midnight appointments. Also Last minutes
appointments. Mass ad-interim appoint-
MGB. See Mines and Geosciences Bureau.
ments issued in the last hours of an out-
Micro. 1. Extremely small. 2. Small-scale. going Chief Exec. [which] are to be consid-
ered by the Commission on Appointments
Micro-enterprise. Any economic enterprise as different from that to be submitted by an
with a capital of P150,000.00 and below.
incoming Chief Exec. who may not wholly
This amount is subject to periodic determi- approve of the selections, esp. if it is doubt-
nation of the DTI to reflect economic chang- ful that the outgoing Pres. exercised double
es. [Sec. 3, RA 8425].
care in extending such appointments. [Ayto-
Microfinance. A credit and savings mobiliza- na v. Castillo, GR L-19313. Jan. 19, 1962].
tion program exclusively for the poor to im- Might. The word does not connote an agree-
prove the asset base of households and ex- ment to do something. It is an expression of
pand the access to savings of the poor. It a probable intention to do but cannot be
involves the use of viable alternative credit
categorized as an offer or promise to do it.
schemes and savings programs incl. the ex-
tension of small loans, simplified loan appli- Migrant worker. A person who is to be en-
cation procedures, group character loans, gaged, is engaged or has been engaged in
collateral-free arrangements, alternative a remunerated activity in a state of which he
loan repayments, minimum requirements for is not a legal resident; to be used inter-
savings, and small denominated savers' in- changeably with Overseas Filipino Workers.
struments. [Sec. 3, RA 8425]. [Sec. 2, IRR, RA 8042].
Micronutrient. An essential nutrient required Migrant. An itinerant worker who travels from
by the body in very small quantities; recom- one area to another in search of work.
mended intakes are in milligrams or mi-
Migrant workers. 1. Health Ins. Documented
crograms. [Sec. 3, RA 8976].
or undocumented Filipinos who are engaged
Micronutrient malnutrition. A disorder result- in a remunerated activity in another country
ing from deficiencies in vitamin A, iron, io- of which they are not citizens. [Sec. 3, RA
dine and other micronutrients which the 10606]. 2. Labor. Filipinos who are to be
body needs in minute quantities everyday. engaged, are engaged, or have been en-
[Sec. 4, RA 8172]. gaged in a remunerated activity in a State of
which they are not legal residents, whether
Micro-scale project. A Renewable Energy documented or undocumented. [Sec. 4, RA
(RE) project with capacity not exceeding 9710].
100 kilowatts. [Sec. 4, RA 9513].
Migrant Workers and Overseas Filipinos
Middle name. 1. A person's name after the 1st Act of 1995. RA 8042 entitled ―An Act to in-
name and before the surname. 2. A per- stitute the policies of overseas employment
son's mother‘s maiden surname. and establish a higher standard of protection
Middle-level manpower. Those (a) who have and promotion of the welfare of migrant
acquired practical skills and knowledge workers, their families and overseas Filipi-
through formal or non-formal education and nos in distress, and for other purposes‖ en-
training equivalent to at least a secondary acted on June 7, 1995.
education but preferably a post-secondary Migrate. To move from one area or country to
education with a corresponding degree or settle in another.
diploma; or (b) skilled workers who have be-
come highly competent in their trade or craft Migration. The movement of persons from
as attested by industry. [Sec. 4, RA 7796]. one country or locality to another.

616
Migratory bird. A bird that travels from one Mindanao Development Authority (MinDA)
place to another at regular times often over Act of 2010. RA 9996 entitled ―An Act Cre-
long distances. ating the Mindanao Development Authority
(MinDA), Defining its Powers and Functions,
Migratory species. Any fishery species which
Providing Funds Therefor and for Other
in the course of their life could travel from
Purposes‖ enacted on Feb. 17, 2010.
freshwater to marine water or vice versa, or
any marine species which travel over great Mine. 1. v. To extract, remove, utilize minerals,
distances in waters of the ocean as part of and include operations necessary for that
their behavioral adaptation for survival and purpose. [Sec. 2, PD 463]. 2. n. A work for
speciation. [Sec. 4, RA 8550]. the excavation of minerals, by means of pits,
shafts, levels, tunnels, and others. [Peña,
Military. All branches of the Armed Forces of
Phil. Law on Natural Resources, 1997 Rev.
the Phils. incl. (sic) the Phil. Natl. Police, the
Ed., p. 110].
Bu. of Jail Management and Penology, and
the Bu. of Fire Protection. [Sec. 3, RA 8491]. Mine tailings. Mine tailings are materials left
over after extraction of valuable minerals
Military necessity. The necessity of
from ore.
employing measures which are
indispensable to achieve a legitimate aim of Mine wastes and tailings. Soil and rock ma-
the conflict and are not otherwise prohibited terials from surface or underground mining
by Intl. Humanitarian Law. [Sec. 3, RA and milling operations with no economic
9851]. value to the generator of the same. [Sec. 3,
RA 7942].
Military occupation. The taking over of ene-
my territory by the victor after the conclusion Mineral. All naturally occurring inorganic sub-
of the war. The rights and obligations of the stance in solid, gas, liquid, or any intermedi-
―military occupant‖ are generally premised ate state excl. energy materials such as
on the provisions of an agreement or treaty coal, petroleum, natural gas, radioactive ma-
on the matter. [Suarez, Pol. Law Reviewer, terials and geothermal energy. [Rules of
1st Ed., 2002, p. 1078]. Compare with Bel- Procedure for Environmental Cases, AM 09-
ligerent occupation. 6-8-SC, Apr. 29, 2010].
Military personnel. Commissioned officers, Mineral agreement. A contract bet. the govt.
enlisted personnel, trainees and draftees and a contractor, involving mineral produc-
who are in the active service of the Armed tion-sharing agreement, co-production
Forces of the Phils. [Sec. 1, PD 577]. agreement, or joint-venture agreement.
[Sec. 3, RA 7942].
Military reservation. Land of the public do-
main which has been proclaimed by the Mineral deposit. A natural deposit or accumu-
Pres. of the Phils. for military purposes such lation of minerals. [Sec. 2, PD 463].
as Airbase, Campsite, Docks and Harbors,
Mineral land. 1. Any area where mineral re-
Firing Ranges, Naval Base, Target Range,
sources are found. [Sec. 3, RA 7942]. 2.
Wharves, etc.
Land in which minerals exist in sufficient
Mill tailings. Materials whether solid, liquid or quantity and grade to justify the necessary
both segregated from the ores during con- expenditures in extracting and utilizing such
centration or milling operations which has no minerals. [Sec. 3, PD 464; Sec. 2, PD 463].
present economic value to the generator of
Mineral processing. The milling, beneficiation
the same. [Sec. 4, DENR AO 95-23].
or upgrading of ores or minerals and rocks
MinDA. Mindanao Development Authority. or by similar means to convert the same into
marketable products. [Sec. 3, RA 7942].

617
Mineral resource. Any concentration of min- Mini-hydroelectric power developer or de-
erals or rocks with potential economic value. veloper. Any individual, coop., corp. or as-
[Sec. 3, RA 7942]. soc. engaged in the construction and instal-
lation of a hydroelectric-power-generating
Mineral Resources Development Decree of
plant with an installed capacity of not less
1974. PD 463 signed into law on May 17,
than 101 kilowatts nor more than 10,000 kil-
1974; subsequently repealed by PD 972.
owatts. [Sec. 4, RA 7156].
Mineral water. The term is now colloquially
Mini-hydroelectric power development. The
used to mean any bottled carbonated water
construction and installation of a hydroelec-
or soda water, as opposed to tap water.
tric-power-generating plant and its auxiliary
Mineralized areas. Areas with naturally occur- facilities such as transmission, substation
ring mineral deposits of gold, silver, chro- and machine shop with an installed capacity
mite, kaolin, silica, marble, gravel, clay and of not less that 101 kilowatts nor more than
like mineral resources. [Sec. 3, RA 7076]. 10,000 kilowatts. [Sec. 4, RA 7156].
Minerals. 1. All naturally occurring inorganic Mini-hydroelectric power plant. An electric-
substance in solid, gas, liquid, or any inter- power-generating plant which: (a) utilizes
mediate state excl. energy materials such as the kinetic energy of falling or running water
coal, petroleum, natural gas, radioactive ma- (run-of-river hydro plants) to turn a turbine
terials, and geothermal energy. [Sec. 3, RA generator producing electricity; and (c) has
7942]. 2. All naturally occurring inorganic an installed capacity of not less than 101
substances in solid, liquid or any intermedi- kilowatts nor more than 10,000 kilowatts.
ate state incl. coal. Soil which supports or- [Sec. 4, RA 7156].
ganic life, sand and gravel, guano, petrole-
Minimum Access Volume (mV). The amount
um, geothermal energy and natural gas are
of imports of an agricultural product allowed
included in this term but are governed by
to be imported into the country at a customs
special laws. [Sec. 2, PD 463].
duty lower than out-quota customs duty.
Minerals processing permit. The permit [Sec. 4, RA 8800].
granted by the DENR Sec. to any person
Minimum basic needs (MBN). The needs of a
who shall engage in the processing of min-
Filipino family pertaining to survival (food
erals, which shall be for a period of 5 years
and nutrition; health; water and sanitation;
renewable for like periods but not to exceed
clothing), security (shelter; peace and order;
a total term of 25 years. [Sec. 55, RA 7942].
public safety; income and livelihood) and
Minerals products. Materials derived from enabling (basic education and literacy; par-
minerals ores or rocks and prepared into a ticipation in community development; family
marketable state by metallurgical processes and psycho-social care). [Sec. 3, RA 8425].
which include, but not limited to milling,
Minimum corporate income tax (MCIT). Tax
beneficiation, cyanidation, leaching, smelt-
imposed on gross income which is arrived at
ing, calcination and other similar processes.
by deducting the capital spent by a corp. in
[Sec. 4, DENR AO 95-23].
the sale of its goods, i.e., the cost of goods
Mines and Geosciences Bureau (MGB). The and other direct expenses from gross sales.
primary govt. agency under the DENR, pur- [Chamber of Real Estate and Builders' As-
suant to EO 192 on June 1987. It is respon- socs. v. Exec. Sec. Romulo, GR
sible for the conservation, management, de- 160756. Mar. 9, 2010].
velopment and proper use of the country‘s
Minimum term. [It] ―shall be within the range
mineral resources incl. those in reservations
of the penalty next lower to that prescribed
and lands of public domains.
by the [Rev. Penal] Code for the offense.‖ It
is based on the penalty prescribed by the

618
Rev. Penal Code for the offense without functions are exercised in a responsible and
considering in the meantime the modifying independent capacity. [Sec. 12, RA 4274].
circumstances. [People v. Temporada. GR
Mining operations. Mining activities involving
173473, Dec. 17, 2008, Sep. Op., Corona,
exploration, feasibility, development, utiliza-
J.]. Compare with Maximum term.
tion, and processing. [Sec. 3, RA 7942].
Minimum wage. The lowest wage permitted
Mining plan. A 2-year program of activities
by law or by a special agreement.
and methodologies employed in the extrac-
Minimum Wage Law. RA 602, as amended. tion and production of minerals or ore-
[Expressly repealed by the Labor Code, ex- bearing materials, incl. the financial plan and
cept Sec. 3 and 7 thereof]. other resources in support thereof. [Sec. 3,
RA 7076].
Mining. The exploration for and extraction of
minerals which occur in nature as either sol- Mining right application. Any application for
ids, liquids or gases. [Sec. 2, RA 4095]. small-scale mining permit, exploration per-
mit, quarry permit, sand and gravel permit,
Mining Act. CA 137, as amended, and as
guano permit, gemstone gathering permit,
further amended by RA 7942, the Phil. Min-
mineral agreement or FTAA. [Sec. 4, DENR
ing Act of 1995.
AO 95-23].
Mining area. A portion of the contract area
Mining right. Any right to explore, develop, or
identified by the contractor for purposes of
utilize mineral resources. [Sec. 4, DENR AO
development, mining, utilization, and its
95-23].
sites for support facilities or in the immediate
vicinity of the mining operations. [Sec. 3, RA Minister. Intl. Law. Second-level diplomat
7942]. such as the head of a legation.
Mining claim. A parcel of land containing Minister of the Gospel. All clergymen of de-
precious metal in its soil or rock, and is often nomination and faith. [Adong v. Cheong See
used in mining parlance as synonymous Gee, GR L-18081. Mar. 3, 1922].
with the term Location. [Peña, Phil. Law on
Minister plenipotentiary. Intl. Law. A diplo-
Natural Resources, 1997 Rev. Ed., p. 110].
matic representative ranking below an am-
Mining engineering, Practice of. A person bassador but having full governmental pow-
shall be deemed to be practising mining ener and authority; a plenipotentiary.
gineering or rendering mining engineering
Minister resident. Intl. Law. A diplomatic
service within the meaning and intent of RA
agent ranking below a minister plenipoten-
4274 who shall, for a fee, salary or other re-
tiary.
ward or compensation, paid to him or
through another person, or even without Minister-designate. Intl. Law. A diplomatic
such compensation, render or offer to ren- agent who has been designated by his govt.
der by means of signs, cards, advertise- and approved by the head of govt. to which
ments, written reports, and/or in any other he has been accredited but who has not
manner offer to practice mining engineering presented his credentials.
in the form of consultation, investigation,
mining reports, valuation and ore reserve Ministerial. Of, relating to, or being a manda-
calculation; take charge of, direct and/or su- tory act or duty admitting of no personal dis-
pervise underground and/or surface mining, cretion or judgment in its performance.
open-cuts, pits and/or quarries; shaft sink- Ministerial act or duty. In contradistinction to
ing, tunneling, stopping, dredging, hydrau- a discretional act, one which an officer or
licking and sluicing for minerals and/or min- tribunal performs in a given state of facts, in
eral products: Provided, That the above a prescribed manner, in obedience to the

619
mandate of legal authority, without regard to Mini-trial. A structured dispute resolution
or the exercise of his own judgment, upon method in which the merits of a case are ar-
the propriety or impropriety of the act done. gued before a panel comprising senior deci-
If the law imposes a duty upon a public of- sion makers with or without the presence of
ficer, and gives him the right to decide how a neutral 3rd person after which the parties
or when the duty shall be performed, such seek a negotiated settlement. [Sec. 3, RA
duty is discretionary and not ministerial. The 9285].
duty is ministerial only when the discharge
Minor. 1. Any person below 18 years old.
of the same requires neither the exercise of
[Sec. 4, RA 9211]. 2. A person under the
official discretion nor judgment. [Lamb v.
age of legal competence.
Phipps, GR 7806. July 12, 1912].
Minor or Ordinary repair. Repair merely to
Ministerial execution. Also Execution as a
keep a building or equipment in fit condition
matter of right. Execution of a final judg-
or use without increasing its capacity or oth-
ment or final order which has attained finali-
erwise adding to its normal value as an as-
ty. [Bench Book for Trial Court Judges, p. 2-
set. [IRR on Supply & Prop. Mgt., per Sec.
56]. Compare with Discretionary execu-
383, LGC].
tion.
Minor parts of a firearm. The parts of the
Ministers plenipotentiary. Also Envoys ex-
firearm other than the major parts which are
traordinary. Ministers assigned to perform
necessary to effect and complete the action
a special function [i.e., signing a treaty].
of expelling a projectile by way of combus-
tion, except those classified as accessories.
p. 1044].
[Sec. 3, RA 10591].
Ministers resident. The political, cultural,
Minority. The state or condition of a minor;
economic, and social representatives of
infancy. The smaller number of votes to de-
their countries to a foreign principal city.
liberate assembly. Compare with Majority.
Their offices are known as Legations. [Sua-
rez, Pol. Law Reviewer, 1st Ed., 2002, p. Minority opinion. A dissenting opinion. Com-
1044]. pare with Majority opinion.
Ministrant. Optional. Minute. A summarized record of the proceed-
ings at a meeting.
Ministrant function. Also Proprietary func-
tion. Pol. Law. A function of govt. which Minute resolution. The manner of adjudica-
connotes merely the exercise of proprietary tion by which the Sup. Court: (a) dismisses
functions and thus considered as optional. a petition filed under Rule 64 or 65 of the
[Fontanilla v. Maliaman, GR 55963 & 61045. Rules of Court, citing as legal basis the fail-
Feb. 27, 1991]. Compare with Governmen- ure of the petition to show that the tribunal,
tal or Constituent function. board or officer exercising or quasi-judicial
functions has acted without or in excess of
Ministrant governmental functions. Pol.
jurisdiction, or with grave abuse of discretion
Law. Those that are undertaken only by way
amounting to lack or excess of jurisdiction;
of advancing the general interest of society,
(b) denies a petition filed under Rule 45 of
and are merely optional. The most important
the said Rules, citing as legal basis the ab-
of the ministrant functions are: public works,
sence of reversible error committed in the
public education, public charity, health and
challenged decision, resolution, or order of
safety regulations, and regulations of trade
the court below; (c) dismisses an adminis-
and industry. [SSS Employees Assoc. v. So-
trative complaint, citing as legal basis the
riano, GR L-18081. Apr. 30, 1963]. Compare
failure to show a prima facie case against
with Constituent governmental functions.
the respondent; (d) denies a motion for re-

620
consideration, citing as legal basis the ab- 165411, June 18, 2009]. Compare with
sence of a compelling or cogent reason to Convert.
grant the motion, or the failure to raise any
Misappropriate (for one's own use). To con-
substantial argument to support such mo-
vert to one's personal advantage. To at-
tion; and (e) dismisses a petition on tech-
tempt to dispose of the property of another
nical grounds or deficiencies. [The Internal
without right. [US v. Panes, GR L-12656
Rules of the Sup. Court, AM 10-4-20-SC,
Nov. 8, 1917].
May 4, 2010].
Misappropriate to one’s own use. [It] in-
Minutes. 1. The official record of a meeting. 2.
cludes, not only conversion to one‘s person-
Memorandum of a transaction or proceed-
al advantage, but also every attempt to dis-
ing.
pose of the property of another without right.
Miranda rights. The rights of any person un- [Saddul, Jr. v. CA, GR 91041. Dec. 10,
der investigation for the commission of an 1990].
offense: (a) to be informed of his right to re-
Misappropriation. The misapplication of
main silent and (b) to have competent and
money, goods, or other personal property
independent counsel preferably of his own
belonging to another for his personal bene-
choice (c) If the person cannot afford the
fit. [Trinidad v. CA, 53 OG 731].
services of counsel, he must be provided
with one. These rights cannot be waived ex- Misbranded. This term shall apply to any car-
cept in writing and in the presence of coun- cass, part thereof, meat or meat products
sel. where one or more of the circumstances as
defined under the RA 7394 [Consumer Act
Miranda warning. Also Miranda rule. 1. The
of the Phils.] is present. [Sec. 4, RA 9296].
name given to the requirement that police
officers must warn suspects upon arrest that Misbranding. (It) means, in addition to defini-
they have the right to remain silent, that any tions in existing laws, misinformation or mis-
statement that they make could be used leading information on the label or other in-
against them in a court of law, that they formation materials authorized by the FDA.
have the right to contact a lawyer and that if It shall not refer to copyright, trademark, or
they cannot afford a lawyer, that one will be other intellectual property-like instruments.
provided before any questioning is so de- [Sec. 9, RA 9711].
sired. Failure to issue the warning results in
the evidence so obtained to be inadmissible Miscellaneous income. Non-tax revenues not
in court. The warning became a natl. police elsewhere classified such as proceeds from
the sale of goods or confiscated merchan-
requirement when ordered by the US Sup.
Court in the 1966 case of Miranda v. Arizo- dise, inventory adjustments, and waste ma-
na and that is how it got the name. 2. Re- terials.
quirement that police tell a suspect in their Miscellaneous payroll period. A payroll peri-
custody of his constitutional rights before od other than, a daily, weekly, biweekly,
they question him. So named as a result of semi-monthly, monthly, quarterly, semi-
the Miranda v. Arizona ruling by the US Sup. annual, or annual period. [Sec. 78, NIRC, as
Court. amended].
Misappropriate. 1. To own, to take something Misclassification and survey by govern-
for one's own benefit. [Sy v. People, GR ment official or employee. The offense
85785. Apr. 24, 1989]. 2. [The term] con- committed by any public officer or employee
note[s] an act of using or disposing of an- who knowingly surveys, classifies, or rec-
other‘s property as if it were one‘s own, or of ommends the release of forest lands as al-
devoting it to a purpose or use different from ienable and disposable lands contrary to the
that agreed upon. [Tabaniag v. People, GR criteria and standards established in PD

621
705, or the rules and regulations promulgat- strike, or substitute for, the name of the mis-
ed hereunder. [Sec. 74, PD 705]. joined party. Compare with Non-joinder.
Misconduct. 1. A transgression of some es- Misleading question. One which assumes as
tablished or definite rule of action, more par- true a fact not yet testified to by the witness,
ticularly, unlawful behavior or gross negli- or contrary to that which he has previously
gence by the public officer. [Amosco v. Ma- stated. It is not allowed. [Sec. 10, Rule 132,
gro, AM 439-MJ Sep. 30, 1976]. 2. Any un- RoC]. Compare with Leading question.
lawful behavior by a public officer in relation
Misprision. The deliberate concealment of
to the duties of his office, willful in character.
one's knowledge of a treasonable act or a
The term embraces acts which the office
felony.
holder had no right to perform, acts per-
formed improperly, and failure to act in the Misprision of treason. Crim. Law. The felony
face of an affirmative duty to act. [Maaliw, committed by a person owing allegiance to
Willie Fernando S., CSC Res. 00-1290, the Govt. of the Phils., without being a for-
June 1, 2000]. eigner, and having knowledge of any con-
spiracy against them, who conceals or does
Misconduct in office. 1. Any unlawful behav-
not disclose and make known the same, as
ior by a public officer in relation to the duties
soon as possible to the governor or fiscal of
of his office, willful in character. [Guillen v.
the province, or the mayor or fiscal of the
Tolentino, AM SB-95-6-P. Dec. 10, 1997,
city in which he resides, as the case may
Rev. 4th Ed., p. 1150]. 2. A misconduct such
be. [Art. 116, RPC].
as affects his performance of his duties as
an officer and not such only as affects his Misrepresentation. Contracts. 1. A false and
character as a private individual. In such material statement which induces a party to
cases, it has been said at all times, it is nec- enter into a contract. This is a ground for re-
essary to separate the character of man scission of the contract. 2. Ins. A statement
from the character of an officer. [Amosco v. as a fact of something which is untrue, and
Magro, AM 439-MJ Sep. 30, 1976]. which the insured states with knowledge
that it is untrue and with an intent to de-
Misconduct of a notary public. The act of
ceive, or which he states positively as true
ratifying a contract the covenants of which
without knowing it to be true, and which has
are contrary to law, morals and good cus-
a tendency to mislead, where such fact in ei-
toms, executed by a notary public [Biton v.
ther case is material to the risk. [Agbayani,
Momongan, Per Rec. L-2555 Sep. 3, 1935].
Comm. Laws of the Phil., Vol. II, p.66].
Misdemeanor. A criminal offense lesser than
Misrepresentation. Ins. 1. The use of oral or
a felony and generally punishable by fine or
written statements that do not truly reflect
by imprisonment other than in a penitentiary.
the facts either by an insured on an applica-
[en.mimi.hu/law; Oct. 10, 2011].
tion for insurance or by an insurer concern-
Misfeasance. 1. Improperly doing something ing the terms or benefits of an insurance
which a person has the legal right to do. 2. policy. 2. An affirmative defense. To avoid
Improper performance of an act which a liability, the insurer has the duty to establish
person might lawfully do. Compare with Mal- such a defense by satisfactory and convinc-
feasance and Nonfeasance. ing evidence. [Ng Gan Zee v. Asian Cru-
sader Life Assn. Corp., GR L- 30685, May
Misjoinder. When a person has been named
30, 1983]. Compare with Concealment.
as a party to a lawsuit when that person
should not have been added. When this is Misrepresentation. Ins. Effects: (a) It renders
asserted, the court will usu. accommodate a the insurance contract voidable at the option
request to amend the court documents to of the insurer, although the policy is not
thereby rendered void ab initio. The injured

622
party is entitled to rescind from the time or consumers contrary to the declared intent
when the representation becomes false; (b) of the Govt. in making such allocation. [Sec.
When the insurer accepted the payment of 2, PD 1865; Sec. 3, BP 33].
premium with the knowledge of the ground
Mitigating. Less severe, serious, or painful.
for rescission, there is waiver of such right;
and (c) There is no waiver of the right of re- Mitigating circumstances. 1. Those circum-
scission if the insurer had no knowledge of stances that have the effect of reducing the
the ground therefor at the time of ac- penalty bec. there is a diminution of any of
ceptance of premium payment. the elements of dolo or culpa, which makes
the act voluntary or bec. of the lesser per-
Mission. Intl. Law. A general term for a com-
versity of the offender. [Gregorio, Fund. of
mission, delegation, embassy, or legation.
Crim. Law Rev., 1997 9th Ed., p. 51]. 2. The-
Missionary electrification. The provision of se are facts that, while not negating an of-
basic electricity service in unviable areas fense or wrongful action, tend to show that
with the aim of bringing the operations in the defendant may have had some grounds
these areas to viability levels. [Sec. 4, RA for acting the way he did. For example, as-
9513]. sault, though provoked, is still assault but
provocation may constitute mitigating cir-
Mistake of facts. Crim. Law. An act or omis-
cumstances and allow for a lesser sentence.
sion which is the result of a misapprehen-
3. Those which do not constitute a justifica-
sion of facts that is voluntary but not inten-
tion or excuse for an offense but which may
tional. The actor performed an act which
be considered as reasons for reducing the
would be lawful had it been true as he be-
degree of blame. Compare with Aggravat-
lieved it to be. [Gregorio, Fund. of Crim. Law
ing circumstances.
Rev., 1997 9th Ed., p. 21-22].
Mitigation. Crim. Law. A reduction, abate-
Mistake of law. A legal principle referring to
ment, or diminution of a penalty or punish-
one or more errors that were made by a
ment imposed by law.
person in understanding how the applicable
law applied to their past activity that is under Mitigation. Spcl. Law. 1. Structural and non-
analysis by a court. structural measures undertaken to limit the
adverse impact of natural hazards, environ-
Mistake to invalidate consent. There is mis-
mental degradation, and technological haz-
take to invalidate consent when the mistake
ards and to ensure the ability of at-risk
refers to the substance of the thing which is
communities to address vulnerabilities
the object of the contract, or to those condi-
aimed at minimizing the impact of disasters.
tions which have principally moved one or
Such measures include, but are not limited
both parties to enter into the contract. [Art.
to, hazard-resistant construction and engi-
1331, CC].
neering works, the formulation and imple-
Mistrial. 1. A partial or complete trial which is mentation of plans, programs, projects and
found to be null and void and of no effect activities, awareness raising, knowledge
bec. of some irregularity. The sudden end of management, policies on land-use and re-
trial before it would ordinarily end bec. of source management, as well as the en-
some reason which invalidates it. Once a forcement of comprehensive land-use plan-
mistrial is declared, the situation is as if the ning, building and safety standards, and leg-
trial had never occurred. 2. An invalid trial, islation. [Sec. 3, RA 10121]. 2. Human inter-
caused by fundamental error. vention to address anthropogenic emissions
by sources and removals by sinks of all
Misuse of allocation. The sale, transfer or GHG, incl. ozone-depleting substances and
diversion of mandated petroleum fuel alloca-
their substitutes. [Sec. 3, RA 9729].
tions by oil companies, distributors, dealers

623
Mitigation of damages. The responsibility a rado, Comments & Jurisp. on Succ., 1991
person who sues another for damages to 8th Ed., p. 222-223].
minimize those damages, as far as reason-
Mixed novation. Novation that is both objec-
able. For example, in a wrongful dismissal
tive and subjective at the same time wherein
suit, the person who was fired should make
a dual purpose is achieved. An obligation is
some effort to find another job so as to min-
extinguished and a new one is created in
imize the economic damage to himself.
lieu thereof.
Mitigation of loss. It means everything that
Mixed solidarity. Solidarity that exists among
the policy holder must do, when the event
the creditors and the debtors at the same
insured against takes place, to minimize the
time. [Torres, Oblig. & Cont., 2000 Ed., p.
loss and to save what is left. The insured is
77].
thereby made more careful in respect of this
insured property. Mixed succession. Succession effected partly
by will and partly by operation of law. [Art.
Mitigation of loss principle. A principle in
780, CC].
insurance holding that when the event in-
sured against takes place, the policy holder MMS. See Multimedia messaging service.
must do everything to minimize the loss and
Mobile. Capable of moving or being moved;
to save what is left. This principle makes the
insured more careful in respect of this in- movable.
sured property. Mobile cellular phone, mobile
Mitigation potential. The scale of GHG reduc- phone or cellphone. A mobile telecommu-
tions that could be made, relative to emis- nication device that uses a combination of
radio transmission and conventional tele-
sion baselines, for a given level of carbon
price [expressed in cost per unit of carbon phone switching to permit telephone com-
dioxide equivalent emissions avoided or re- munication to and from mobile users within
a specified area or cell. [Sec. 3, RA 10639].
duced]. [Sec. 3, RA 9729].
Mittimus. 1. The final process for carrying into Mobile phone. Also known as Cellular
effect the decision of the appellate court, phone, Cell phone, or Hand phone. A de-
and the transmittal thereof to the court of vice that can make and receive telephone
origin is predicated upon the finality of the calls over a radio link while moving around a
wide geographic area.
judgment. [Clemente-De Guzman v. Reyes,
AM 2358-MJ. June 29, 1982]. 2. The name Mobile phone service provider, service
of an order in writing, issuing from a court provider or telecommunication company.
and directing the sheriff or other officer to Any person, firm or partnership or corp.,
convey a person to a prison, asylum, or re- govt. or private, granted a legislative fran-
formatory, and directing the jailer or other chise by Congress to provide cellular mobile
appropriate official to receive and safely telephone services to the general public,
keep the person until his fate shall be de- and issued a CPCN by the NTC. [Sec. 3, RA
termined by due course of law. 10639].
Mixed condition. 1. A condition which de- Mobile Registration. The conduct of registra-
pends partly upon chance and partly upon tion of overseas voters at various locations
the will of a 3rd person. [Diaz, Bus. Law outside the posts, other than at field regis-
Rev., 1991 Ed., p. 11]. 2. A condition the ful- trations, undertaken as part of the posts‘
fillment of which depends jointly upon the mobile consular and outreach activities to
will of the heir, devisee or legatee and upon Filipinos within their jurisdictions. [Sec. 2,
chance and/or the will of a 3rd person. [Ju- RA 10590].

624
Mobile satellite service. A radio communica- Modern factoring. A continuing agreement
tions service bet. mobile earth stations and under which a financing institution assumes
one or more space stations, or bet. space the credit and collection for its client and
stations used by this service, or bet. mobile purchases his receivables as they arise
earth stations by means of one or more without recourse to him for credit losses. For
space stations. [Sec.3, EO 467, s. 1998]. a small commission, the factor assumes all
the client‘s burdens of credits and collec-
Mobilia sequuntur personam principle. The
tions.
principle that the situs of personal property
is the domicile of the owner. [De Leon, Fun- Modern methods of family planning. Safe,
damentals of Taxation, 2000 Ed., p. 48]. effective, non-abortifacient and legal meth-
ods, whether natural or artificial, that are
Mobilization fee. The amount charged by a
registered with the FDA, to plan pregnancy.
licensee or authority holder from its foreign
[Sec. 4, RA 10354].
employer-principal or partner to cover costs
of recruitment, processing and documenta- Modes of discovery. The name given pretrial
tion of its recruits for overseas employment. devices for obtaining facts and information
[Sec. 1, Rule 1, IRR of LC]. about the case.
Modal. Of or relating to mode or form as op- Modification of permit. The change of the
posed to substance. place and time of the public assembly, re-
routing of the parade or street Mar., the vol-
Modal donation. A donation in which the do-
ume of loud-speakers or sound system and
nor imposes a prestation upon the donee.
similar changes. [Sec.3, BP 880].
[Central Phil. Univ. v. CA, GR 112127. July
17, 1995]. Modificatory novation. Civ. Law. [A novation]
where the change brought about by any
Modal institution. Succ. A kind of institution
subsequent agreement is merely incidental
where the testator states the object of the
to the main obligation (e.g., a change in in-
institution; or the purpose of the application
terest rates or an extension of time to pay);
of the property left by the testator; or the
in this instance, the new agreement will not
charge imposed by the creator upon the
have the effect of extinguishing the 1st but
heir. [Art. 882, CC].
would merely supplement it or supplant
Mode. The statement of the object of the insti- some but not all of its provisions. [Iloilo
tution, or the application of the property left Traders Finance, Inc. v. Soriano, GR
by the testator, or the charge imposed by 149683. June 16, 2003]. Compare with Ex-
him. [Jurado, Comments & Jurisp. on Succ., tinctive novation.
1991 8th Ed., p. 228].
Modified Disbursement Scheme (MDS). A
Mode of acquisition. The means or ways by procedure whereby disbursements by NG
which the govt. acquired the property; e.g. agencies chargeable against the account of
sale, donation, eminent domain, escheat, the Treasurer of the Phils. are effected
judgment levy and foreclosure of mortgage. through GSBs.
Modified exhaustion. Intel Prop. This is in all
1998].
respect identical to the Intl. exhaustion ex-
Model law. The Model Law on Intl. Commer- cept for the allowance of the restriction of
cial Arbitration adopted by the UN Commis- the extent of exhaustion through explicit
sion on Intl. Trade Law on 21 June 1985. contractual terms. [Correa,. ―Internationali-
[Sec. 3, RA 9285]. zation of the Patent System and New Tech-
nologies‖. Intl. Law Journal, Vol. 20. No. 3 ,
Moderate damages. See Temperate damag- 2002].
es.

625
Modified union shop. Labor. A contract which Moneda. Sp. Money, specie, coin. [US v.
requires all new employees to become un- Gardner, GR 1468. Mar. 14, 1904].
ion members for some time after employ-
Moneda corriente. Sp. Currency. [US v.
ment but does not require present employ-
Gardner, GR 1468. Mar. 14, 1904].
ees to join the union. Those who have be-
come union members shall maintain their Moneda sonate. Sp. Hard money, specie. [US
membership as a condition of continuous v. Gardner, GR 1468. Mar. 14, 1904].
employment. [Poquiz, Labor Rel. Law, 1999
Ed. p. 157]. Monetary. Of or relating to money or currency.
Monetary Board (MB). 1. The body through
Modus operandi. Lat. Method of operation.
Used by law enforcement officials to refer to which the powers and functions of the
a criminal's preferred method of committing Bangko Sentral are exercised. [Sec 6, RA
crime. 7653]. 2. A quasi-judicial agency exercising
quasi-judicial powers or functions. An inde-
Modus vivendi. Lat. Intl. Law. A temporary pendent central monetary authority and a
agreement or arrangement bet. 2 States, body corporate with fiscal and administrative
providing for a workable compromise in a autonomy, mandated to provide policy direc-
pending dispute, which is intended to be re- tions in the areas of money, banking and
placed later by an arrangement of a more credit. [UCPB v. E. Ganzon, Inc., GR
formal and permanent character. [Coquia 168859, June 30, 2009].
493]. Monetary instrument. Pursuant to the "Anti-
Money Laundering Act of 2001‖ (RA 9160),
Mohammedan. Of or relating to the Arabian the term refers to: (a) coins or currency of
prophet Mohammed [or Muhammad] or to legal tender of the Phils., or of any other
the religion he founded. country; (b) drafts, checks and notes; (c) se-
curities or negotiable instruments, bonds,
Mohammedan Imam. A priest or minister of
commercial papers, deposit certificates,
the Gospel. [Adong v. Cheong See Gee, GR
trust certificates, custodial receipts or de-
L-18081. Mar. 3, 1922].
posit substitute instruments, trading orders,
Mohammedanism. A denomination, within the transaction tickets and confirmations of sale
meaning of the Marriage Law. [Adong v. or investments and money marked instru-
Cheong See Gee, GR L-18081. Mar. 3, ments; and (d) other similar instruments
1922]. where title thereto passes to another by en-
dorsement, assignment or delivery. [Sec. 3,
Moiety. Half of something. For example, it can
RA 9160].
be said that joint tenants hold a moiety in
property. In old criminal law, there were Monetary interest. Interest for the use of the
moiety acts which allowed half of the fine money (from date of execution to date of
money to be handed over to the informer. payment). [Reins. Co. of the Orient, Inc. v.
CA, GR L-61250. June 3, 1991]. Compare
Mole. The base unit of amount of substance
with Compensatory interest.
which is the amount of substance of a sys-
tem which contains as many elementary en- Monetary policy. The part of economic policy
tities as there are atoms in 0.012 kg. of car- which regulates the level of money or liquidi-
bon 12. When the mole is used, the elemen- ty in the economy to achieve desired policy
tary entities must be specified and may be objectives, such as inflation control, im-
atoms, molecules, ions, electrons, other par- provement of the BoP or growth of the
ticles, or specified groups of such particles. economy.
[Sec. 4, BP 8].
Money. Anything customarily used as a medi-
um of exchange and measure of value.

626
Money claims of workers. Money claims sion or series or combination thereof involv-
referred to in par. 3 of Art. 217 of the Labor ing or having direct relation to the following:
Code which embrace those which arise out (a) Kidnapping for ransom; (b) Drug traffick-
of or in connection with the employer- ing and related offenses; (c) Graft and cor-
employee relationship, or some aspect or rupt practices; (d) Plunder; (e) Robbery and
incident of such relationship. Money claims Extortion; (f) Jueteng and Masiao; (g) Pira-
now falling within the orig. and exclusive ju- cy; (h) Qualified theft; (i) Swindling; (j)
risdiction of Labor Arbiters which have some Smuggling; (k) Violations under the Elec-
reasonable causal connection with the em- tronic Commerce Act of 2000; (l) Hijacking,
ployer-employee relationship. [San Miguel destructive arson, and murder, incl. those
Corp. v. NLRC, GR L-80774. May 31, 1988]. perpetrated by terrorists against non-
combatant persons and similar targets; (m)
Money laundering. 1. A crime whereby the
Fraudulent practices and other violations
proceeds of unlawful activity are transacted,
under the SRC of 2000; and (n) Felonies or
making them appear to have come from
offenses of a similar nature that are punish-
lawful transaction. [Sec. 4 RA 9160, as
able under the penal laws of other countries.
amended]. 2. Any transaction involving such
[Sec. 3(i) R.A. 9160, as amended].
criminal proceeds or attempt to transact the
same during the placement, layering or in- Money laundering offense. [An offense]
tegration stage. [Sec. 1, Rule 4, IRR of RA committed by any person who, knowing that
9160]. any monetary instrument or property repre-
sents, involves, or relates to the proceeds of
Money laundering. How committed: It is
any unlawful activity: (a) transacts said
committed by: (a) any person knowing that
monetary instrument or property; (b) con-
the monetary instrument or property repre-
verts, transfers, disposes of, moves, ac-
sents, involves, or relates to, the proceeds
quires, possesses or uses said monetary in-
of any unlawful activity, transacts or at-
strument or property; (c) conceals or dis-
tempts to transact said monetary instrument
guises the true nature, source, location, dis-
or property; (b) any person knowing that any
position, movement or ownership of or rights
monetary instrument or property involves
with respect to said monetary instrument or
the proceeds of any unlawful activity per-
property; (d) attempts or conspires to com-
forms or fails to perform any act as a result
mit money laundering offenses referred to in
of which he facilitates the offense referred to
pars. (a), (b) or (c); (e) aids, abets, assists in
in No. 1 above; or (c) any person knowing
or counsels the commission of the money
that any monetary instrument or property is
laundering offenses referred to in pars. (a),
required under RA 9160 to be disclosed and
(b) or (c) above; and (f) performs or fails to
filed with the Anti-Money Laundering Coun-
perform any act as a result of which he fa-
cil (AMLC), fails to do so. [Sec 4, R.A. 9160,
cilitates the offense of money laundering re-
as amended].
ferred to in pars. (a), (b) or (c) above. Money
Money laundering. Stages: (a) Placement or laundering is also committed by any covered
the physical disposal of the criminal pro- person who, knowing that a covered or sus-
ceeds, (b) layering or the separation of the picious transaction is required under RA
criminal proceeds from their source by cre- 10365 Act to be reported to the Anti-Money
ating layers of financial transactions to dis- Laundering Council [AMLC], fails to do so.
guise the audit trail, and (c) integration or [Sec. 4, RA 10365].
the provision of apparent legitimacy to the
Money market. A market dealing in standard-
criminal proceeds. [Sec. 1, Rule 4, RA
ized short-term credit instruments (involving
9160].
large amounts) where lenders and borrow-
Money laundering. Unlawful activities or pred- ers do not deal directly with each other but
icate crimes under AMLA : Any act or omis- through a middle man or dealer in the open

627
market. [Perez v. CA, GR L-56101. Feb. 20, chandise or object of commerce is used.
1984]. [Art. 186, RPC].
Money shop. An extension service unit of a Monopoly. A privilege or peculiar advantage
banking institution usu. operating in public vested in one or more persons or compa-
markets with authority to accept money for nies, consisting in the exclusive right or
deposit and extend short-term loans for power to carry on a particular business or
specific purposes. [Sec. 1, PD 426]. trade, manufacture a particular article, or
control the sale or the whole supply of a par-
Money supply. All holdings of domestic cur-
ticular commodity. It is a form of market
rency and deposit money with the exception
structure in which one or only a few firms
of such holdings by the Govt. and by banks
dominate the total sales of a product or ser-
having checking deposit liabilities in domes-
vice. [Tatad v. Sec. of Energy, GR 124360.
tic currency. [Sec. 65, RA 265].
Nov. 5, 1997, 6th Ed., p. 1007]. Compare
Monopolies and combinations in restraint with Combination in restraint of trade.
of trade. Crim. Law. The felony committed
Mons pubis. 1. A rounded fleshy protuber-
by: (a) any person who shall enter into any
ance situated over the pubic bones that be-
contract or agreement or shall take part in
comes covered with hair during puberty. 2.
any conspiracy or combination in the form of
Vaginal surface. [People v. Campuhan, GR
a trust or otherwise, in restraint of trade or
129433, 30 Mar. 2000].
commerce or to prevent by artificial means
free competition in the market; (b) any per- Mons veneris. The female mons pubis. Sing.
son who shall monopolize any merchandise of Montes veneris.
or object of trade or commerce, or shall
Montes veneris. Lat. Plural of Mons veneris.
combine with any other person or persons to
That part of the female genitalia where pubic
monopolize and merchandise or object in
hair grows after the age of 13. [Dela Cruz v.
order to alter the price thereof by spreading
Concepcion, AM RTJ-93-1062. Aug. 25,
false rumors or making use of any other ar-
1994].
ticle to restrain free competition in the mar-
ket; (c) any person who, being a manufac- Monthly Alphalist of Payees. A consolidated
turer, producer, or processor of any mer- alphabetical list of income earners from
chandise or object of commerce or an im- whom taxes have been withheld by the
porter of any merchandise or object of payor of income for a given return period
commerce from any foreign country, either and in whose behalf, the taxes were remit-
as principal or agent, wholesaler or retailer, ted. It contains a summary of information on
shall combine, conspire or agree in any taxes withheld and remitted through the
manner with any person likewise engaged in monthly remittance returns showing, among
the manufacture, production, processing, others, total amounts of income/gross
assembling or importation of such merchan- sales/gross receipts and taxes withheld and
dise or object of commerce or with any other remitted.
persons not so similarly engaged for the
purpose of making transactions prejudicial Monthly Cash Program (MCP). The estimat-
to lawful commerce, or of increasing the ed monthly disbursement requirements of
market price in any part of the Phils., of any the operating units (OUs) of departments or
such merchandise or object of commerce agencies.
manufactured, produced, processed, as- MOOE. See Maintenance and Other Operat-
sembled in or imported into the Phils., or of ing Expenditures.
any article in the manufacture of which such
manufactured, produced, or imported mer- Moonlighting. 1. 2nd job. [Molina v. Pacific
Plans, Inc., GR 165476, Mar. 10, 2006]. 2.

628
Work[ing] at another job, often at night, in Moot point. A debatable question, an issue
addition to one's full-time job. open to argument; also, an irrelevant ques-
tion, a matter of no importance. See Moot.
Moot. 1. Also called a Moot point. A side
issue, problem or question which does not Mootness doctrine. A principle of judicial
have to be decided to resolve the main is- procedure whereby courts will not decide
sues in a dispute. 2. A case or a point which cases in which there is no longer any actual
is not subject to a judicial determination bec. controversy.
it involves an abstract question or a pre-
Mora. Lat. Delay.
tended controversy that has not yet actually
arisen or has already passed. Mootness Mora accipiendi. Lat. The delay on the part of
usu. refers to a court's refusal to consider a the creditor to accept the performance of the
case bec. the issue involved has been re- obligation. [Diaz, Bus. Law Rev., 1991 Ed.,
solved prior to the court's decision, leaving p. 6].
nothing that would be affected by the court's
Mora solvendi. Lat. 1. Debtor‘s default. [Sel-
decision.
egna Mgmt. and Devt. Corp. v. United Co-
Moot and academic. Rem. Law. When a de- conut Planters Bank, GR 165662, May 3,
termination is sought on a matter which, 2006]. 2. The delay on the part of the debtor
when rendered, cannot have any practical to fulfill his obligation (to give or to do). [Di-
effect on the existing controversy, or where az, Bus. Law Rev., 1991 Ed., p. 6].
no practical relief can be granted. [Heirs of
Roxas, Inc. v. IAC, GR 67195. May 29, Mora solvendi ex persona. Lat. The delay in
1989]. obligations to do or perform personal ser-
vice. [Torres, Oblig. & Cont., 2000 Ed., p.
Moot and academic case. Rem. Law. 1. One 36].
that ceases to present a justiciable contro-
versy by virtue of supervening events, so Mora solvendi ex re. Lat. The delay in giving
or delivering a thing. [Torres, Oblig. & Cont.,
that a declaration thereon would be of no
practical use or value. [IBP v. Atienza, GR 2000 Ed., p. 36].
175241, Feb. 24, 2010]. 2. A case or issue Moral. Concerned with the principles of right
that ceases to present a justiciable contro- and wrong behavior and the goodness or
versy by virtue of supervening events, so badness of human character.
that an adjudication of the case or a declara-
tion on the issue would be of no practical Moral certainty. That degree of proof which
value or use [PAL, Inc. v. Pascua, GR produces conviction in an unprejudiced
143258. Aug. 15, 2003]. mind. [People v. Garcia, GR 94187. Nov. 4,
1992].
Moot case. Rem. Law A case [where] there is
no more actual controversy bet. the parties Moral damages. Damages which include
or no useful purpose [that] can be served in physical suffering, mental anguish, fright,
passing upon the merits. [Villarico v. CA, GR serious anxiety, besmirched reputation,
132115. Jan. 4, 2002]. wounded feelings, moral shock, social hu-
miliation, and similar injury. Though incapa-
Moot court. Fictional or hypothetical trial, usu. ble of pecuniary computation, moral damag-
hosted by law schools, as training for future es may be recovered if they are the proxi-
barristers or litigators. mate result of the defendant's wrongful act
Moot issue. An issue [that] ceases to present for omission. [Art. 2217, CC].
a justiciable controversy so that a declara- Moral damages: Requisites for the award: (a)
tion on the issue would be of no practical There is an injury - whether physical, mental
use or value. [King v. CA, GR 158195, Dec. or psychological - clearly sustained by the
16, 2005].

629
claimant; (b) there is a culpable act or omis- fication of public document, estafa thru falsi-
sion factually established; (c) the wrongful fication of public document. [Zari v. Flores,
act or omission of the defendant is the prox- AM (2170-MC) P-1356. Nov. 21, 1979]. 2.
imate cause of the injury sustained by the An act of baseness, vileness, depravity in
claimant; and (d) the award of damages is the private and social duties which a man
predicated on any of the cases stated in Art. owes his fellow man, or to society in gen-
2219 of the Civ. Code. [Quisumbing v. eral, contrary to the accepted and custom-
Meralco, GR 142943. Apr. 3, 2002]. ary rule of right and duty bet. man and man,
or conduct contrary to justice, honesty,
Moral hazard. Ins. 1. An undesirable side
modesty and good morals. [Tak Ng v. Rep.,
effect in the transfer of risk. It is a phenom-
GR L-13017 Dec. 23, 1959].
enon on which the existence of insurance
could have the perverse effect of the proba- Morals. It is good customs; those generally
bility of loss. 2. The opportunity to defraud accepted principles of morality which have
the insurer which is so great that insurers received some kind of social and practical
have found it necessary to fill up their poli- confirmation. [Cui v. Arellano Univ., GR L-
cies with countless restrictions, many de- 15127. May 30, 1961].
signed to reduce this hazard. [Fortune Ins.
Moratorium. The temporary suspension of
and Surety Co., Inc. v. CA, GR 115278 May
legal action against a person.
23, 1995].
Moratory interest. Interest arising from
Moral irreproachability. Character of the
breach of contract or tort for the unlawful de-
highest order - excellent character. [In Re:
tention of money already due.
Po Yo Bi v. Rep., GR 32398. Jan. 27, 1992].
More or less. About; substantially; or approx-
Moral law. Set of rules which establishes what
imately; implying that both parties assume
is right and what is wrong as dictated by the
the risk of any ordinary discrepancy. The
human conscience and as inspired by eter-
words are intended to cover slight or unim-
nal law. [Suarez, Stat. Con., (1993), p. 37].
portant inaccuracies in quantity [Carter v.
Moral rights. Intel. Prop. Personal rights inde- Finch, 186 Ark. 954, 57 S.W.2d 408] and
pendent from the economic rights. Being a are ordinarily to be interpreted as taking
personal right, it can only be given to a natu- care of unsubstantial differences or differ-
ral person. Hence, even if he has licensed ences of small importance compared to the
or assigned his economic rights, he contin- whole number of items transferred. [Del
ues to enjoy the above-mentioned moral Prado v. Caballero, GR 148225, Mar. 3,
rights. [Amador, Intel. Prop. Fundamentals, 2010, 6th Ed., 1990].
2007].
Moro. Native peoples who have historically
Moral turpitude. 1. Any act done contrary to inhabited Mindanao, Palawan, and Sulu,
justice, honesty, modesty or good morals. and who are largely of the Islamic faith.
Some of the particular crimes which have [Sec. 4, RA 9710].
been held to involve moral turpitude are
Moron lamps. Self improvised lamps, where a
adultery, concubinage, rape, arson, evasion
bottle, such as that of a San Miguel beer
of income tax, barratry, bigamy, blackmail,
bottle, is filled with kerosene with a cloth
bribery, criminal conspiracy to smuggle opi-
serving as a wick. [People v. Urquia, Jr., GR
um, dueling, embezzlement, extortion, for-
94787. Nov. 19, 1991].
gery, libel, making fraudulent proof of loss
on insurance contract, murder, mutilation of Mors omnia solvi. Lat. Death dissolves all
public records, fabrication of evidence, of- things. [People v. Satorre, GR L-26282.
fenses against pension laws, perjury, seduc- Aug. 27, 1976].
tion under promise of marriage, estafa, falsi-

630
Mortgage. 1. A real contract whereby one Mortgagor. The person who concedes a
person (called the mortgagor) offers his real mortgage as security upon his property.
property as security for the principal obliga-
Mossy forest. A tropical rain forest of the high
tion and with the understanding that when
elevations dominated by Podocarpaceae,
the obligation is paid or fulfilled, the mort-
Myrtaceae and Fagaceae with trees of me-
gage or encumbrance on the said property
dium height and short boled, covered epi-
shall be cancelled and released. [Suarez, In-
phytes.
tro. to Law, 1995 3rd Ed., p. 122]. 2. An in-
terest given on a piece of land, in writing, to Most guilty. Crim. Law. The highest degree of
guarantee the payment of a debt or the exe- culpability in terms of participation in the
cution of some action. It automatically be- commission of the offense, and not neces-
comes void when the debt is paid or the ac- sarily the severity of the penalty imposed.
tion is executed. Compare with Pledge. [People v. Ocimar, GR 94555. Aug. 17,
1992].
Mortgage bonds. Corp. Law. Bonds secured
by a mortgage on specific corporate proper- Most significant relationship doctrine. Intl.
ty. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Law. Doctrine that courts should apply the
law of the state that has the closest and
Mortgage Law of 1893. See Spanish Mort-
most real connection with the dispute. See
gage Law.
also Center of gravity doctrine.
Mortgage note. Nego. Inst. An instrument
Most-favored-nation clause or treatment.
secured by either a real or personal proper-
Intl. Law. 1. That granted by one country to
ty.
another not less favorable than that which
Mortgagee. The person lending the money has been or may be granted to the most fa-
and receiving the mortgage. vored among the countries. [Sandoval, Pol.
Law Reviewer 2003]. 2. It is intended to es-
Mortgagee in good faith doctrine. The rule
tablish the principle of equality of intl. treat-
that all persons dealing with property cov-
ment by providing that the citizens or sub-
ered by a Torrens Certificate of Title, as
jects of the contracting nations may enjoy
buyers or mortgagees, are not required to
the privileges accorded by either party to
go beyond what appears on the face of the
those of the most favored nation. [Comm. of
title. The public interest in upholding the in-
Int. Rev. v. SC Johnson and Son, GR
defeasibility of a certificate of title, as evi-
127105. June 25, 1999].
dence of the lawful ownership of the land or
of any encumbrance thereon, protects a Motel. A roadside hotel for motorists, usu.
buyer or mortgagee who, in good faith, re- consisting of private cabins. [Sec. 63, PD
lied upon what appears on the face of the 856]. Compare with Hotel.
certificate of title. [Cavite Devt. Bank v. Lim,
Mother language or First language. Lan-
GR 131679, 1 Feb. 2000].
guage or languages first learned by a child,
Mortgagee in possession. One who has which he/she identifies with, is identified as
lawfully acquired actual or constructive pos- a native language user of by others, which
session of the premises mortgaged to him, he/she knows best, or uses most. This in-
standing upon his rights as mortgagee and cludes Filipino sign language used by indi-
not claiming under another title, for the pur- viduals with pertinent disabilities. [Sec. 4,
pose of enforcing his security upon such RA 10533].
property or making its income help to pay
Mother's milk. The breastmilk from the new-
his debt. [Diaz v. De Mendezona, GR L-
born's own mother. [Sec. 3, RA 10028; Sec.
24824 Jan. 30, 1926].
3, RA 7600].

631
Motion. Rem. Law. 1. An application for relief Motion in limine. Rem. Law. A motion made
other than by a pleading. It must be in writ- by counsel requesting that information which
ing except those made in open court or in might be prejudicial not be allowed to be
the course of a hearing or trial. A motion heard in a case.
shall state the relief sought to be obtained
Motion of course. Rem. Law. 1. A motion
and the grounds upon which it is based, and
where the movant is entitled to relief or rem-
if required by the Rules of Court or neces-
edy sought as a matter of discretion on the
sary to prove facts alleged therein, shall be
part of the court. 2. A motion made ex parte
accompanied by supporting affidavits and
without notice, and is not mentioned in
other papers. [Sec. 1-3, Rule 15, RoC]. 2.
court, the party being entitled as of right.
An application made to a court or judge
which requests a ruling or order in favor of Motion picture. A series of pictures projected
the applicant. in a screen in rapid succession, with objects
shown in successive positions slightly
Motion day. Rem. Law. Except for motions
changed so as to produce the optical effect
requiring immediate action, all motions shall
of a continuous picture in which the objects
be scheduled for hearing on Friday after-
move, whether the picture be black and
noons, or if Friday is a non-working day, in
white or colored, silent or with accompany-
the afternoon of the next working day. [Sec.
ing sound, on whatever medium and with
7, Rule 15, RoC].
whatever mechanism or equipment they are
Motion ex parte. Rem. Law. A motion made to projected, and in whatever material they are
the court in behalf of one or the other of the preserved or recorded for instant projection,
parties to the action, in the absence and for the purpose of PD 1986, the material in
usu. without the knowledge of the other par- which the motion picture is contained, pre-
ty or parties. See Ex parte motion. served, or recorded, forms an integral part
of the motion picture subject of PD 1986.
Motion for new trial. Rem. Law. Requisites:
[Sec. 10, PD 1986].
(a) That the evidence was discovered after
the trial; (b) that such evidence could not Motion to dismiss. Rem. Law. A motion
have been discovered and produced at the which is generally interposed before trial to
trial even with the exercise of reasonable dil- attack the action on the basis of insufficien-
igence; and (c) that it is material, not merely cy of the pleading, of process, venue, join-
corroborative or impeaching; and of such der, etc.
weight that it could probably change the
Motion to dismiss. Rem. Law. Grounds. With-
judgment if admitted. [People v. Ducay, GR
in the time for but before filing the answer to
86939 Aug. 2, 1993].
the complaint or pleading asserting a claim,
Motion for reconsideration. Rem. Law. 1. [A a motion to dismiss may be made on any of
motion] the purpose of [which] is to point out the following grounds: (a) That the court has
the findings and conclusions of the decision no jurisdiction over the person of the de-
which, in the movant‘s view, are not sup- fending party; (b) that the court has no juris-
ported by law or the evidence. The movant diction over the subject matter of the claim;
is, therefore, very often convined to the am- (c) that venue is improperly laid; (d) That the
plification or further discussion of the same plaintiff has no legal capacity to sue; (e) that
issues already passed upon by the court. there is another action pending bet. the
[Siy v. CA, GR L-39778 Sep. 13, 1985]. 2. A same parties for the same cause; (f) that the
motion which is in the category of a litigated cause of action is barred by a prior judgment
motion which requires a notice of hearing or by the statute of limitations; (g) that the
and proof of service. A remedy which an pleading asserting the claim states no cause
aggrived party may resort in law to point out of action; (h) that the claim or demand set
defects or errors in decision. forth in the plaintiff's pleading has been

632
paid, waived, abandoned, or otherwise ex- [Bagajo v. Marave, GR L-33345. Nov. 20,
tinguished; (i) that the claim on which the 1978]. 2. The moving power which impels
action is founded is unenforceable under the one to act for a definite result, as distin-
provisions of the statute of frauds; and (j) guished from intent which is the purpose to
that a condition precedent for filing the claim use a particular means to effect such result.
has not been complied with. [Sec. 1, Rule [Bagajo v. Marave, GR L-33345. Nov. 20,
16, RoC]. 1978].
Motion to quash. Rem. Law. A motion in writ- Motor fuel. All volatile and inflammable liquids
ing signed by the accused or his counsel and gas produced, blended or compounded
specifying distinctly its factual and legal for the purpose of, or which are suitable or
grounds and the court shall consider no practicable for, operating motor vehicle.
grounds other than those stated in the mo- [Sec. 3, RA 9367].
tion, except lack of jurisdiction over the of-
Motor vehicle. 1. Any self-propelled, 4-
fense charged. [Sec. 2, Rule 117, RoC].
wheeled road vehicle designed to carry pas-
Motion to quash. Rem. Law. Grounds. The sengers incl., but not limited to, sedans,
accused may move to quash the complaint coupes, station wagons, convertibles, pick-
or information on any of the following ups, vans, sports utility vehicles (SUVs) and
grounds: (a) that the facts charged do not Asian Utility Vehicles (AUVs) but excluding
constitute an offense; (b) that the court try- motorcycles, delivery trucks, dump trucks,
ing the case has no jurisdiction over the of- buses, road rollers, trolley cars, street
fense charged (c) that the court trying the sweepers, sprinklers, lawn mowers and
case has no jurisdiction over the person of heavy equipment such as, but not limited to,
the accused; (d) that the officer who has bulldozers, payloaders, graders, forklifts,
filed the information had no authority to do amphibian trucks, cranes, and vehicles
so; (e) that it does not conform substantially which run only on rails or tracks, and trac-
to the prescribed form; (f) that more than tors, trailers and traction engines of all kinds
one offense is charged except when a single used exclusively for agricultural purposes.
punishment for various offenses is pre- Trailers having any number of wheels, when
scribed by law; (g) that the criminal action or propelled or intended by attachment to a
liability has been extinguished; (h) that it motor vehicle, shall be classified as sepa-
contains averments which, if true, would rate motor vehicle with no power rating.
constitute a legal excuse or justification; and [Sec. 3, RA 10642]. 2. Any land transporta-
(i) that the accused has been previously tion vehicle propelled by any power other
convicted or acquitted of the offense than muscular power. [Sec. 3, RA 10586]. 3.
charged, or the case against him was dis- Both private and public motor vehicle. The
missed or otherwise terminated without his term shall not include the tricycle and mo-
express consent. [Sec. 3, Rule 117, RoC]. torcycle. [Sec. 3, RA 8750]. 4. Any vehicle
propelled by any power other than muscular
Motion to reopen. Rem. Law. A motion which
power using the public roads, but excl. road
may properly be presented only after either
rollers, trolley cars, street-sweepers, sprin-
or both parties have formally offered, and
klers, lawn mowers, bulldozers, graders,
closed their evidence, but before judgment.
fork-lifts, amphibian trucks, and cranes if not
Unlike a motion for new trial, it is not specifi-
used on public roads, vehicles which run on-
cally mentioned and prescribed as a remedy
ly on rails or tracks, and tractors, trailers,
by the Rules of Court. [Alegre v. Reyes, GR
and traction engines of all kinds used exclu-
L-56923. May 9, 1988].
sively for agricultural purposes. [Sec. 131,
Motive. Crim. Law. 1. The special or personal RA 7160]. 5. Any vehicle propelled by any
reason which may prompt or induce a per- power other than muscular power using the
son to perform the act constituting a crime. public highways, but excepting road rollers,

633
trolley cars, street-sweepers, sprinklers, Movable. Property or possessions not incl.
lawn mowers, bulldozers, graders, fork-lifts, land or buildings.
amphibian trucks, and cranes if not used on
Movable property. Prop. 1. The following
public highways, vehicles, which run only on
things are deemed to be personal property:
rails or tracks, and tractors, trailers and trac-
(a) Those movables susceptible of appropri-
tion engines of all kinds used exclusively for
ation which are not included in the Art. 415
agricultural purposes. Trailers having any
of the Civ. Code; (b) real property which by
number of wheels, when propelled or in-
any special provision of law is considered as
tended to be propelled by attachment to a
personal property; (c) forces of nature which
motor vehicle, shall be classified as sepa-
are brought under control by science; and
rate motor vehicle with no power rating.
(d) in general, all things which can be trans-
[Sec. 2, RA 6539].
ported from place to place without impair-
Motor vehicle liability insurance. A protec- ment of the real property to which they are
tion coverage that will answer for legal liabil- fixed. 2. The following are also considered
ity for losses and damages for bodily injuries as personal property: (a) Obligations and
or property damage that may be sustained actions which have for their object movables
by another arising from the use and opera- or demandable sums; and (b) shares of
tion of a motor vehicle by its owner. stock of agricultural, commercial and indus-
trial entities, although they may have real
Motor vehicle liability insurance. Purpose:
estate. [Arts. 416 & 417, CC].
To give immediate financial assistance to
victims of motor vehicle accidents and/or Move. To make a formal motion in parliamen-
their dependents, esp. if they are poor re- tary procedure.
gardless of financial capability of motor ve-
Move in the premises resolution. It is not a
hicle owners of operators responsible for the
license to occupy or enter the premises sub-
accident sustained. [First Integrated Bond-
ject of litigation esp. in cases involving real
ing Insurance Co., Inc. v. Hernando, GR L-
property. The resolution simply means what
51221, July 31, 1991].
is stated therein: the parties are obliged to
Motor vehicle of running engine. A vehicle inform the court of developments pertinent
operating and standing on any road or thor- to the case which may be of help to the
oughfare with engine running. [Sec. 3, RA court in its immediate disposition. [Oliveras
8750]. v. Lopez, GR L-29727. Dec. 14, 1988].
Motor vehicle owner. The actual legal owner Moving boundaries rule. Intl. Law. Legal rule
of a motor vehicle, whose name such vehi- that the treaties of a state absorbing new
cle is duly registered with the LTO. [Sec. territory become effective within that territo-
373, (d), IC]. ry.
Motor vehicles designed to carry hazard- MSMEs. See Micro, Small and Medium En-
ous materials. Those designed to carry or terprises.
transport materials which may endanger
Mt. Pinatubo Assistance, Resettlement and
health and lives of the public. [Sec. 3, RA
Development Fund. RA 7637 entitled ―An
10586].
Act appropriating the sum of 10 billion pesos
Motorela. See Tricycle. for the aid, relief, resettlement, rehabilitation
and livelihood services as well as infrastruc-
Motorist. The driver of a motor vehicle. [Sec.
ture support for the victims of the eruption of
3, RA 8750].
Mt. Pinatubo, creating the Mt. Pinatubo As-
MOU. Memorandum of Understanding. sistance, Resettlement and Development
Commission, and for other purposes‖ enact-
ed on Sep. 24, 1992.

634
MTBE. Methyl Tertiary Butyl Ether. [Sec. 3, RA Multiple appeals. Rem. Law. 1. Appeals in
9367]. special proceedings where a number of ap-
peals may be taken separately by different
MTC. Municipal Trial Court.
parties for different purposes. [Bench Book
MTCC. Municipal Trial Court in Cities. for Trial Court Judges, p. 3-4]. 2. [More than
one appeal in the same case which is] al-
MTEF. See Medium Term Expenditure
lowed in special proceedings, in actions for
Framework. partition of property with accounting, in the
Mug shots. [Out-of-court identification(s) con- special civil actions of eminent domain and
ducted by the police] where photographs are foreclosure of mortgage. [Roman Catholic
shown to the witness to identify the suspect. Archbishop of Manila v. CA, GR 111324. Ju-
[People v. Teehankee, GR 111206-08. Oct. ly 5, 1996].
6, 1995]. Compare with Show-ups and Multiple nationality. Intl. Law. The posses-
Line-ups. sion by an individual of more than one na-
Multifactor balancing test. [It] requires the tionality. It is acquired as a result of the con-
[arresting] officer to weigh the manner and current application to him of the conflicting
intensity of the interference on the right of municipal laws of 2 or more states claiming
the people, the gravity of the crime commit- him as their national. [Cruz, Intl. Law Re-
ted and the circumstances attending the in- viewer, 1996 Ed., pp. 102-103].
cident. [Allado v. Diokno, GR 113630, May Multiple-use. The harmonized utilization of the
5, 1994]. numerous beneficial uses of the land, soil,
Multi-family dwelling. A dwelling on one lot water, wildlife, recreation value, grass and
containing separate living units for 3 or more timber of forest lands. [Sec. 3, PD 705].
families, usu. provided with common ac- Multipurpose cooperative. One which com-
cess, services, and use of land. [Sec. 3, BP bines 2 or more of the business activities of
220].
these different types of coops. [Art. 23, RA
Multilateral. Agreed upon or participated in by 6938].
3 or more parties, esp. the govts. of different Multi-recidivism. See Habitual delinquency.
countries.
Multi-recidivist. See Habitual delinquent.
Multilateral treaty. Treaty bet. more than 2
states. Multisource pharmaceutical products.
Pharmaceutically equivalent or pharmaceu-
Multimedia messaging service (MMS). tically alternative products that may or may
Standard for telephony messaging systems not be therapeutically equivalent. Multi-
that allows sending messages, incl. multi-
source pharmaceutical products that are
media objects (images, audio, video, rich therapeutically equivalent are interchangea-
text), and not just text messages through the ble. [Sec. 4, RA 9502].
short messaging service (SMS). [Sec. 3, RA
10639]. Multi-Year Obligational Authority. An author-
ity issued by the DBM to enable an agency
Multinational company. A foreign firm or
to enter into a multi-year contract whether
entity engaged in intl. trade with affiliates or for locally funded projects (LFPs) or foreign-
subsidiaries or branch offices in the Asia- assisted projects. (FAPs).
Pacific Region and other foreign markets.
[Sec. 25, NIRC, as amended]. Mumble. To utter words in a low, confused,
indistinct manner.
Multinational enterprise. Business firm oper-
ating branches, subsidiaries, or joint ven- Municipal. Of or relating to a city or town or its
tures in 2 or more states. governing body.

635
Municipal Certificate of Canvass. Elec. Law. Municipal fishing or Small-scale fishing. 1.
The document in electronic and in printed Fishing within municipal waters using fishing
form, containing the total votes in figures ob- vessels of 3 gross tons or less, or fishing not
tained by each candidate in the municipality requiring the use of fishing vessels. [Sec. 4,
the electronic form of which is the official RA 8550]. 2. Small scale fishing utilizing
canvass result in the municipality electroni- fishing boats of 3 gross tons or less or using
cally-transmitted to a higher canvass level. gears not requiring the use of boats. [Sec. 3,
[Sec. 3, Rule 1, AM 10-4-1-SC, May 4, PD 704; Sec. 3, PD 43].
2010].
Municipal license. [It] is essentially a gov-
Municipal certificate of canvass of votes. ernmental restriction upon private rights and
Elec. Law. A document containing the total is valid only if based upon an exercise by
votes in words and in figures obtained by the municipality of its police or taxing pow-
each candidate in a municipality. [Sec. 2, ers. [Newsounds Broadcasting Network, Inc.
RA 8046]. v. Dy, GR 170270/GR 179411, Apr. 2,
2009].
Municipal / City / District Registry of Over-
seas Voters (ROV). The consolidated list Municipal ordinance. A law passed by a mu-
prepared, approved and maintained by the nicipal govt. through its Sangguniang
Comelec for every municipality / city / district Bayan. See Ordinance.
of overseas voters whose applications for
Municipal Telephone Act of 1989. RA 6849
registration as such, incl. those registered
entitled ―An Act providing for the installation,
voters under RA 8189, ‗Voter‘s Registration
operation, and maintenance of public tele-
Act of 1996′, who applied for certification as
phones in each and every municipality in the
overseas voters, have been approved by the
Phils., appropriating funds therefor and for
Election Registration Board and/or resident
Election Registration Board.
Municipal Trial Courts (MTCs). The term, as
Municipal corporations. The legal term for
used in the Rules of Court, shall include
the local governing bodies in towns and cit-
Metropolitan Trial Courts, MTCs in Cities,
ies. Local government units.
MTCs, and Municipal Circuit Trial Courts
Municipal Court Information Officers (MCTCs). [Sec. 2, Rule 5].
(MCIOs). The Clerks of Court (COCs), Act-
Municipal waters. These include not only
ing Clerks of Court, or Officers-In-Charge of
streams, lakes, inland bodies of water and
the 1st level courts designated as such un-
tidal waters within the municipality which are
der OCA Admin. Circ. 16-2007 dated Feb.
not included within the protected areas as
21, 2007 for the Access to Justice for the
defined under RA 7586 [The NIPAS Law],
Poor Project. [RE: SC Access to Justice for
public forest, timber lands, forest reserves or
the Poor Project, Art. 1, AM 05-2-01-SC,
fishery reserves, but also marine waters in-
Mar. 13, 2007].
cluded bet. 2 lines drawn perpendicular to
Municipal fisherfolk. Persons who are direct- the general coastline from points where the
ly or indirectly engaged in municipal fishing boundary lines of the municipality touch the
and other related fishing activities. [Sec. 4, sea at low tide and a 3rd line parallel with
RA 8550]. the general coastline incl. offshore islands
and 15 kms. from such coastline. Where 2
Municipal fishing. Fishing activity utilizing
municipalities are so situated on opposite
fishing boats of three gross tons or less, or
shores that there is less than 30 kms. of ma-
using gear not requiring the use of boats, in
rine waters bet. them, the 3rd line shall be
municipal waters.
equally distant from opposite shore of the

636
respective municipalities. [Sec. 4, RA 8550; Musical instrument. A contrivance by which
Sec. 3, PD 704]. musical sounds are produced. [Lazatin v.
Comm. of Customs, GR L-19753. July 30,
Murder. Crim. Law. 1. The felony committed
1969].
by any person who, not falling within the
provisions of Art. 246, shall kill another, with Muslim. A person who testifies to the oneness
any of the following attendant circumstanc- of God and the Prophethood of Muhammad
es: (a) with treachery, taking advantage of and professes Islam. [Art. 7, PD 1083].
superior strength, with the aid of armed
Muslim law (Shari'a). All the ordinances and
men, or employing means to weaken the de-
regulations governing Muslims as found
fense or of means or persons to insure or af-
principally in the Qur'an and the Hadith. [Art.
ford impunity; (b) in consideration of a price,
7, PD 1083].
reward, or promise; (c) by means of inunda-
tion, fire, poison, explosion, shipwreck, Muslim personal laws. All laws relating to
stranding of a vessel, derailment or assault personal status, marriage and divorce, mat-
upon a street car or locomotive, fall of an rimonial and family relations, succession
airship, by means of motor vehicles, or with and inheritance, and property relations bet.
the use of any other means involving great spouses as provided for in the Code of Mus-
waste and ruin; (d) on occasion of any of the lim Personal Laws of the Phils. [Art. 7, PD
calamities enumerated in the preceding par., 1083].
or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public Must. A word the use of which is imperative
calamity; (e) With evident premeditation; (f) and operates to impose a duty which may
be enforced. [Comm. of Customs v. Marina
With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or Sales, Inc., GR 183868, Nov. 22, 2010].
outraging or scoffing at his person or Must carry rule. Another limitation on copy-
corpse. [Art. 248, RPC]. 2. The felony com- right that obligates operators to carry the
mitted by a person who kills another in con- signals of local channels within their respec-
sideration of a price, reward, or promise. tive systems. This is to give the people wid-
[People v. Alincastre, GR L-29891 Aug. 30, er access to more sources of news, infor-
1971]. mation, education, sports event and enter-
tainment programs other than those provid-
Murder. Crim. Law. Elements: (a) That a per-
son was killed; (b) that the accused killed ed for by mass media and afforded televi-
him; (c) that the killing was attended by any sion programs to attain a well-informed,
well-versed and culturally refined citizenry
of the qualifying circumstances mentioned in
Art. 248 of the Rev. Penal Code; and (d) the and enhance their socio-economic growth.
killing is not parricide or infanticide. [People [ABS-CBN Broadcasting Corp. v. Phil. Mul-
v. Cabiles, GR 115216. July 5, 1996]. timedia System, GR 175769-70, Jan. 19,
2009].
Muro-ami or Drive-in-net. A Japanese fishing
Mutatis mutandis. Lat. For the same reasons.
gear used in reef fishing which consists of a
movable bagnet and 2 detachable wings ef- [US v. Ponte, GR 5952. Oct. 24, 1911].
fecting the capture of fish by spreading the Mutilation. Crim. Law. 1. The felony commit-
net in an arc form around reefs or shoals ted by any person who shall intentionally
and with the aid of scaring devices, a cordon mutilate another by depriving him, either to-
of fishermen drive the fish from the reefs totally or partially, or some essential organ of
ward the bag portion of the whole net. [82 reproduction. [Art. 262, RPC]. 2. Cutting off
OG 48, 5052 Dec. 1, 1986; Fisheries AO or permanently destroying a limb or an es-
163, S. 1986]. sential part thereof. [People v. Borce, GR
124131. Apr. 22, 1998]. 3. In its criminal law

637
concept, one that would deprive a person of ing with its experience with the securities in
the use of any of those limbs which may be its portfolio.
useful to him in fight, the loss of which
Mutual restitution. [This] entails the return of
amounts to mayhem. [People v. Borce, GR
the benefits that each party may have re-
124131. Apr. 22, 1998, 6th Ed., p. 1020].
ceived as a result of the contract. [Raquel-
Mutilation of coins; importation and utter- Santos v. CA, GR 174986, July 7, 2009].
ance of mutilated coins. Crim. Law. The
Mutual wills. Succ. Wills executed pursuant to
an agreement bet. 2 or more persons to dis-
mutilate coins of the legal currency of the
pose of their property in a particular manner,
Phils. or import or utter mutilated current
each in consideration of the other. [Jurado,
coins, or in connivance with mutilators or
importers. [Art. 164, RPC].
p. 104].
Mutiny. Unlawful resistance to a superior of-
Mutuality of contracts. 1. The principle or-
ficer, as the raising of commotions and dis-
dained in Art. 1308 of the Civ. Code that the
turbances on board a ship against the au-
contract must bind both contracting parties
thority of its commander. [Gregorio, Fund. of
and that its validity or compliance cannot be
Crim. Law Rev., 1997 9th Ed., p. 372]. Com-
left to the will of one of them. 2. In order that
pare with Piracy.
obligations arising from contracts may have
Mutual. Experienced or done by each of 2 or the force of law bet. the parties, there must
more parties toward the other or others. be mutuality bet. the parties based on their
essential equality. A contract containing a
Mutual assent. A meeting of the minds;
condition which makes its fulfillment de-
agreement.
pendent exclusively upon the uncontrolled
Mutual benefit association. Ins. Any society, will of one of the contracting parties, is void
assoc. or corp., without capital stock, formed [Garcia v. Legarda, GR L-20175, Oct. 30,
or organized not for profit but mainly for the 1967].
purpose of paying sick benefits to members,
Mutuality of remedy doctrine. A doctrine that
or of furnishing financial support to members
states that a remedy should be available to
while out of employment, or of paying to rel-
both parties of a transaction in order for ei-
atives of deceased members of fixed or any
ther to obtain it. It is based on the idea that
sum of money, irrespective of whether such
one party should not obtain from equity that
aim or purpose is carried out by means of
which the other party could not obtain.
fixed dues or assessments collected regu-
larly from the members, or of providing, by Mutuum. Also Simple loan. A contract of loan
the issuance of certificates of insurance, whereby one of the parties delivers to an-
payment of its members of accident or life other money or other consumable thing, up-
insurance benefits out of such fixed and on the condition that the same amount of
regular dues or assessments, but in no case the same kind and quality shall be paid. [Art.
shall include any society, assoc., or corp. 1933, CC]. Compare with Commodatum.
with such mutual benefit features and which
Myocardial. Pertaining to muscular tissue of
shall be carried out purely from voluntary
the heart. [Pa-ac v. Itogon-Suyoc Mines, GR
contributions collected not regularly and or
L-35800. July 23, 1987].
no fixed amount from whomsoever may con-
tribute. [Sec. 390, IC]. Myocardial infarct. A region of dead or dying
tissue in the muscle of the heart which is the
Mutual fund. An investment company that
result of an obstruction to the blood circula-
raises money by selling its own stock to the
tion, usu. by a clot. [Pa-ac v. Itogon-Suyoc
public and investing the proceeds in other
Mines, GR L-35800. July 23, 1987].
securities, with the value of its stock fluctuat-

638
Narcotic. A drug or other substance affecting
-N- mood or behavior and sold for nonmedical
purposes, esp. an illegal one.
Nagpapabuwis. Tag. Lessor.
Narcotic drug. 1. Any drug which produces
Naked owner. Bare title holder.
insensibility, stupor, melancholy or dullness
Naked ownership. Ownership of a property of mind with delusions and which may be
which does not bring any advantage to the habit-forming, and shall include opium, opi-
owner bec. he/she has given his/her rights um derivatives and synthetic opiates. [Sec.
to others to benefit the product of all owner- 2, RA 6425]. 2. A drug that produces a con-
ship. dition of insensibility and melancholy dull-
ness of mind with delusions and may be
Naked property. A property in which the own- habit-forming. [Art. 190, RPC].
er has title without the use.
Narration of facts. A recital of things accom-
Naked title. Legal title only without other right plished, of deeds, occurrence or happening.
of ownership. For example, a trustee under
[People v. Tugbang, GR 76212. Apr. 26,
a deed of trust. 1991].
Namamaga. Tag. Swollen. [People v. Ruello, Nation. A group or race of people that share
GR 104737-38. Oct. 26, 1994].
history, traditions and culture. States may be
Name. That word or combination of words by comprised of one or several nations. It is
which a person is distinguished from others common English to use the word Nation
and which he bears as the label or appella- when referring to what is known in law as
tion for the convenience of the world at large States.
in addressing him, or in speaking of or deal-
National anthem. The musical arrangement
ing with him. [Yu v. Rep., GR L-20874. May and composition of Julian Felipe adopted as
25, 1966]. the natl. anthem of the Phils. It shall be sung
Namimintol. Tag. Catching ―talangka‖ (small or played upon the opening or start of all
crabs) [using ―bintols‖ (bamboo-and-net de- state celebrations or gatherings and on such
vices)]. [People v. Rejano, GR 105669-70. other occasions as may be prescribed by
Oct. 18, 1994]. appropriate rules and regulations. [Sec. 13,
EO 292].
Name hire. A worker who is able to secure
employment overseas on his own without National Apprenticeship Act. RA 1826, as
the assistance or participation of any agency amended. [Expressly repealed by the Labor
or entity. [Sec. 1, Rule 1, IRR of LC]. Code].
Namumuwisan. Tag. Lessee. National Archives. The Natl. Archives of the
Phils., which is established and strength-
Napocor. See National Power Corporation. ened under RA 9470.
Napolcom. See National Police Commis- National Archives of the Philippines Act of
sion. 2007. RA 9470 entitled ―An Act to Strength-
Narcissism. Legal Med. Extreme admiration en the System of Management and Admin-
of one‘s self. Sexual gratification attained by istration of Archival Records, Establishing
merely looking at the mirror and appreciat- for the Purpose the Natl. Archives of the
ing one‘s own self. [Olarte, Legal Med., 1st Phils., and for Other Purposes‖ enacted on
Ed. (2004), p. 117]. May 21, 2007.
National Artist Award or Gawad Pam-
bansang Alagad ng Sining. The award es-
tablished under Proc. 1001 dated Apr. 27,

639
1972 to give appropriate recognition and ognized and accredited by the PSC and who
prestige to Filipinos who have distinguished have represented the country as official
themselves and made outstanding contribu- coaches and trainers to natl. athletes in intl.
tions to Phil. arts and letters. competitions. [Sec. 3, RA 9064].
National Artists. Filipinos who have distin- National Commission on Indigenous Peo-
guished themselves and made outstanding ples (NCIP). The primary govt. agency re-
contributions to Phil. arts and letters and sponsible for the formulation and implemen-
who were conferred the Natl. Artist Award tation of policies, plans and programs to
[Gawad Pambansang Alagad ng Sining] by recognize, protect and promote the rights of
the govt. Indigenous Cultural Communities or Indige-
nous Peoples (ICCs or IPs). [Sec. 4, RA
National athletes. Athletes who are Filipino
8371].
citizens, members of the natl. training pool,
recognized and accredited by the Phil. National Committee on Legal Aid (NCLA).
Olympic Committee (POC) and the Phil. The committee of the IBP which is specifi-
Sports Commission (PSC) and who have cally tasked with handling legal aid cases.
represented the country in intl. competitions. [Proposed Rule on Mandatory Legal Aid
[Sec. 3, RA 9064]. Service for Practicing Lawyers, Sec. 4, BM
2012, Feb. 10, 2009].
National Blood Services Act of 1994. RA
7719 entitled ―An Act promoting voluntary National Conciliation and Mediation Board
blood donation, providing for an adequate (NCMB). An agency of the DOLE created
supply of safe blood, regulating blood under EO 126 to formulate policies, develop
banks, and providing penalties for violation plans and programs and set standards and
thereof‖ enacted on May 5, 1994. procedures relative to the promotion of con-
ciliation and mediation of labor disputes
National Book Development Trust Fund
through the preventive mediation, concilia-
Act. RA 9521 entitled ―An Act Creating a
tion and voluntary arbitration; facilitation of
Natl. Book Development Trust Fund to Sup-
labor-management cooperation through joint
port Filipino Authorship‖ enacted on Mar. 05,
mechanisms for information sharing, effec-
2009.
tive communication and consultation and
National Building Code of the Philippines. group-problem solving.
PD 1096 entitled ―Adopting a Natl. Building
National cultural treasure. A unique object
Code of the Phils. thereby revising RA 6541‖
found locally, possessing outstanding histor-
ical, cultural, artistic and/or scientific value
National Bureau of Investigation (NBI). An which is highly significant and important to
agency uner the DOJ responsible for han- this country and nation. [Sec. 3, RA 4846].
dling and solving major high-profile cases
National Disaster Risk Reduction and Man-
that are in the interest of the nation.
agement Framework (NDRRMF). [It] pro-
National Capital Region (NCR). The region vides for comprehensive, all hazards, multi-
that covers the cities of Kalookan, Manila, sectoral, inter-agency and community-based
Pasay, Quezon, Las Piñas, Makati, Mala- approach to disaster risk reduction and
bon, Mandaluyong, Marikina, Muntinlupa, management. [Sec. 3, RA 10121].
Navotas, Parañaque, Pasig and Valenzuela,
National Disaster Risk Reduction and Man-
and the municipalities of Navotas, Pateros,
agement Plan (NDRRMP). The document
San Juan and Taguig.
to be formulated and implemented by the
National coaches and trainers. Coaches and Office of Civil Defense (OCD) that sets out
trainers who are Filipino citizens, members goals and specific objectives for reducing
of the natl. coaches and trainers pool, rec- disaster risks together with related actions to

640
accomplish these objectives. The NDRRMP National Environmental Awareness and
shall provide for the identification of haz- Education Act of 2008. RA 9512 entitled
ards, vulnerabilities and risks to 'be man- ―An Act to Promote Environmental Aware-
aged at the natl. level; disaster risk reduc- ness Through Environmental Education and
tion and management approaches and for Other Purposes‖ enacted on Dec. 12,
strategies to be applied m managing said 2008.
hazards and risks; agency roles, responsibil-
National exhaustion. Intel Prop. This limits
ities and lines of authority at all govt. levels;
the circulation of products covered by patent
and vertical and horizontal coordination of
in one country to only those put on the mar-
disaster risk reduction and management in
ket by the patent owner or its authorized
the pre-disaster and post-disaster phases. It
agents in that same country. In this case,
shall be in conformity with the NDRRMF.
there can be no parallel importation.
[Sec. 3, RA 10121].
National Expenditure Program (NEP).
National drug formulary. An integral compo-
A document which reflects the annual pro-
nent of the Phil. Medicines Policy which
gram of estimated expenditures presented
aims to make quality essential drugs availa-
by the natl. govt. to Congress for spending
ble, accessible, efficacious, safe and afford-
authority.
able. See Essential drugs list.
National flag. The flag of the Phils. which shall
National Economic and Development Au-
be red, white and blue, with a sun and 3
thority (NEDA). An independent cabinet-
stars, as consecrated and honored by the
level agency of the Phil. govt. responsible
people and recognized by law. [Sec. 12, EO
for economic development and planning. It
292].
is headed by the Pres. of the Phils. as
chairman of the NEDA board, with the Sec. National Food Authority (NFA). an agency
of Socio-Economic Planning, concurrently under the DA responsible for ensuring the
NEDA Dir.-Gen., as vice-chairman. It was food security of the Phils. and the stability of
established in 1973. supply and price of the staple grain-rice. It
was created through PD 4 dated Sep. 26,
National Electrification Administration
1972, under the name Natl. Grains Authori-
(NEA). The govt. agency created under PD
ty, (NGA) with the mission of promoting the
269, as amended, and whose additional
integrated growth and development of the
mandate is further set forth in RA 9136.
grains industry covering rice, corn, feed
[Sec. 4, RA 9136].
grains and other grains like sorghum, mon-
National Electrification Administration De- go, and peanut.
cree. PD 269 entitled ―creating the Natl.
National government. The entire machinery
Electrification Administration as a corp., pre-
of the central govt., as distinguished from
scribing its powers and activities, appropriat-
the different forms of local govts. [Sec. 2,
ing the necessary funds therefor and declar-
RA 7656].
ing a natl. policy objective for the total elec-
trification of the Phils. on an area coverage National Government Center (NGC) Hous-
service basis, the org., promotion and de- ing and Land Utilization Act of 2003. RA
velopment of electric coops. to attain the 920t entitled ―An Act Declaring Certain Por-
said objective, prescribing terms and conditions of the Natl. Govt. Center Site Open for
tions for their operations, the repeal of RA Disposition to Bona Fide Residents and Lo-
6038, and for other purposes‖ signed into cal Govt. or Community Facilities, Charita-
law on Aug. 6, 1973. ble, Educational And Religious Institutions
Actually Occupying the Same for Socioeco-
National Employment Service Law. RA 761.
nomics, Civic and Religious Purposes,
[Expressly repealed by the Labor Code].
Amending for this Purpose Proc. 1826, s.

641
1979 and for ther purposes‖ enacted on May stitutional funds into long-term housing
17, 2003. mortgages.
National government projects. All current National Housing Authority (NHA). The sole
and future natl. govt. infrastructure, engi- natl. agency mandated to engage in housing
neering works and service contracts, incl. production for low income families. It traces
projects undertaken by GOCCs, all projects its roots to the People‘s Homesite Corp.
covered by RA 6957, as amended by RA (PHC), the 1st govt. housing agency estab-
7718, otherwise known as the Build - Oper- lished on 14 Oct. 1938 and to the Natl.
ate - and - Transfer Law, and other related Housing Commission (NHC) which was cre-
and necessary activities such as site acqui- ated 7 years later, on 17 Sep. 1945. The
sition, supply and/or installation of equip- PHC and the NHC were eventually merged
ment and materials, implementation, con- on 4 Oct. 1947 into the People‘s Homesite
struction, completion, operation, mainte- and Housing Corp. (PHHC).
nance, improvement, repair and rehabilita-
National information network (NIN). An in-
tion, regardless of the source of funding.
formation network which links all offices and
[Sec. 2, RA 8975].
levels of the DA with various research insti-
National government share. The amount due tutions and local end-users, providing easy
the natl. govt. from the exploitation, devel- access to information and marketing ser-
opment and utilization of naturally-occurring vices related to agriculture and fisheries.
renewable energy resources. [Sec. 4, RA [Sec. 4, RA 8435].
9513].
National integrated protected areas sys-
National Health Insurance Act of 2013. RA tems (NIPAS). 1. The classification and
10606 entitled ―An Act Amending Republic administration of all designated protected
Act 7875, otherwise known as the ‗Natl. areas to maintain essential ecological pro-
Health Insurance Act of 1995‘, as Amended, cesses and life-support systems, to pre-
and for Other Purposes‖ enacted on June serve genetic diversity, to ensure sustaina-
11, 2013. ble use of resources found therein, and to
maintain their natural conditions to the
National health insurance program. The
greatest extent possible. [Sec. 4, RA 7586].
compulsory health insurance program of the
2. The classification and administration of all
govt. as established in RA 7875, as amend-
designated protected areas to maintain es-
ed, which shall provide universal health in-
sential ecological processes and life support
surance coverage and ensure affordable,
systems, to preserve genetic diversity, to
acceptable, available and accessible health
ensure sustainable use of resources found
care services for all citizens of the Phils.
therein, and to maintain their natural condi-
[Sec. 1, RA 9241].
tions to the greatest extent possible. NIPAS
National Home Mortgage Finance Corpora- includes areas designated as initial compo-
tion (NHMFC). The major govt. home mort- nents of the system under Sec. 5 (a) of RA
gage institution the initial main function of 7586 which include all areas or islands in
which is to operate a viable secondary home the Phils. proclaimed, designated or set
mortgage market, utilizing long-term funds aside, pursuant to a law, presidential de-
principally provided by the SSS, the GSIS, cree, presidential proclamation or executive
and the Pag-IBIG Fund (HDMF) to purchase order as national park, game refuge, bird
mortgages originated by both public and pri- and wildlife sanctuary, wilderness area,
vate institutions that are within govt. ap- strict nature reserve, watershed, mangrove
proved guidelines. It is also mandated to reserve, fish sanctuary, natural and histori-
develop a system that will attract private in- cal landmark, protected and managed land-
scape/seascape as well as identified virgin

642
forest before the effectivity of RA 7586; and set aside as such exclusively to con-
those proclaimed as part of the system in serve the area or preserve the scenery, the
accordance with the procedure established natural and historic objects, wild animals
under the said Act such as strict nature re- and plants therein and to provide enjoyment
serve, natural park, natural monument, wild- of these features in such areas. [Sec. 4, RA
life sanctuary, protected landscapes and 7586]. 2. A forest land reservation essential-
seascapes; resource reserve; natural biotic ly of primitive or wilderness character which
areas; and other categories established by has been withdrawn from settlement or oc-
law, conventions or intl. agreements wherein cupancy and set aside as such exclusively
the Phil. Govt. is a signatory. [Sec. 2.13, to preserve the scenery, the natural and his-
DAR AO 01-02]. toric objects and the wild animals or plants
therein, and to provide enjoyment of these
National Internal Revenue Code (NIRC). PD
features in such a manner as will leave them
1158 entitled ―A Decree to consolidate and
unimpaired for future generations. [Sec. 3,
codify all the internal revenue laws of the
PD 705].
Phils.‖ signed into law on June 3, 1977. See
Tax Reform Act of 1997. National Parks Development Committee. A
govt. agency that is tasked to oversee natl.
National Irrigation Administration (NIA). A
parks in the Phils. It was established pri-
GOCC primarily responsible for irrigation
marily for the purpose of developing and
development in the Phils. It was created un-
maintaining natl. parks specifically the Rizal
der RA 3601 on 22 June 1963. Its charter
Park or Luneta, Paco Park, the Pook ni Ma-
was later amended by PD 552 on 11 Sep.
ria Makiling and Burnham Park.
1974 and PD 1702 on 17 July 1980, both in-
creasing its capitalization and broadening its National party. A party the constituency of
authority. Its forerunner was the Irrigation which is spread over the geographical terri-
Division of the defunct Bu. of Public Works. tory of at least a majority of the regions.
PD 1, dated 23 Sep. 1972, integrated all irri- [Sec. 3, RA 7941].
gation activities under NIA.
National patrimony. The term refers not only
National irrigation system (NIS). A major to the natural resources of the Phils., as the
irrigation system managed by the Natl. Irri- Consti. could have very well used the term
gation Administration. [Sec. 4, RA 8435]. natural resources, but also to the cultural
heritage of the Filipinos. [Manila Prince Ho-
National Labor Relations Commission
tel v. GSIS, GR 122156. Feb. 3, 1997]. See
(NLRC). A quasi-judicial body organized to
Patrimony.
expeditiously resolve labor disputes through
the process of mediation, conciliation and National Police Commission (Napolcom).
compulsory arbitration. It is attached to the The agency mandated by the 1987 Consti.
DOLE for program and policy coordination. and the Major Police Reform Laws, RAs
6975 and 8551 to administer and control the
National Meat Inspection Service (NMIS).
Phil. National Police (PNP). Under RA 8551,
The sole natl. controlling authority on all
otherwise known as the "PNP Reform and
matters pertaining to meat and meat product
Org. Act of 1988," the Commission gained
inspection and meat hygiene. It shall be a
the powers to investigate police anomalies
specialized regulatory service attached to
and irregularities, administer police entrance
the DA. [Sec. 5, RA 9296].
and promotional examination and summarily
National park. 1. A forest reservation essen- dismiss erring police officers.
tially of natural wilderness character which
National Power Corporation (NPC). The
has been withdrawn from settlement, occu-
govt. corp. created under RA 6395, as
pancy or any form of exploitation except in
conformity with approved management plan

643
amended by RA 9136. Also known as Na- National standard of care. Intl. Law. Doctrine
pocor. that a state must treat aliens in the same
way that it treats its own nationals.
National Privacy Commission. An independ-
ent body created to administer and imple- National Telecommunications Commis-
ment the provisions of RA 10173, and to sion. (NTC). An agency of the Phil. govt.
monitor and ensure compliance of the coun- under the DOTC responsible for the super-
try with intl. standards set for data protec- vision, adjudication and control over all tele-
tion. communications services throughout
the Phils.
National Registry of Overseas Voters
(NROV). The consolidated list prepared, ap- National territory. It comprises the Phil. ar-
proved and maintained by the Comelec of chipelago, with all the islands and waters
overseas voters whose applications for reg- embraced therein, and all other territories
istration as overseas voters, incl. those reg- over which the Phils. has sovereignty or ju-
istered voters under RA 8189 who have ap- risdiction, consisting of its terrestrial, fluvial,
plied to be certified as overseas voters, and aerial domains, incl. its territorial sea,
have been approved by the resident Elec- the seabed, the subsoil, the insular shelves,
tion Registration Board, indicating the post and other submarine areas. The waters
where the overseas voter is registered. around, bet., and connecting the islands of
[Sec. 2, RA 10590]. the archipelago, regardless of their breadth
and dimensions, form part of the internal
National reserve areas. Areas which have
waters of the Phils. [Art. I, 1987 Phil. Con-
been included in any Exploration or Exploi-
sti.].
tation concession but which have been sub-
sequently given up by the concessionaire National Transmission Corporation
voluntarily or in accordance with the re- (TRANSCO). The corp. created pursuant to
quirement of Arts. 50 and 53 of RA 387; or RA 9136 responsible for the planning, con-
areas covered by Exploration or Exploitation struction, and centralized operation and
concession which have expired or have maintenance of high voltage transmission
been cancelled; or areas which have been facilities, incl. grid interconnection and ancil-
included within any of the 2 kinds of conces- lary services. [Sec. 4, RA 9513].
sion but which are found to be in excess the
National treatment. A tenet of intl. trade
maximum areas allowed by RA 387 for such
agreements whereby nations must afford
concessions. [Art. 15, RA 387].
imported goods the same treatment that
National security. Crimes against natl. securi- they afford domestic or "national" products
ty as provided under the Penal Code, Book (no discrimination).
II, Title 1, and other cases involving acts of
National Unified Health Research Agenda.
terrorism as defined under the Human Secu-
A set of research priorities determined by
rity Act under RA 9372. [Sec. 4, RA 10071].
the country‘s stakeholders which addresses
National service training program (NSTP). A the health needs of the population vis-a-vis
program aimed at enhancing civic con- the health sector‘s goal for universal health
sciousness and defense preparedness in care. This agenda is a platform to advocate
the youth by developing the ethics of service for local, natl. and intl. support. [Sec. 3, RA
and patriotism while undergoing training in 10532].
any of its 3 program components. Its various
National union or federation. Any labor org.
components are specially designed to en-
with at least 10 locals or chapters each of
hance the youth's active contribution to the
which must be a duly recognized collective
general welfare. [Sec. 3, RA 9163].
bargaining agent. [Sec. 1, Rule 1, Book 5,
IRR of LC].

644
Nationality. 1. The status of belonging to a Rep., GR L-16922. Apr. 30, 1963]. See
particular nation. 2. Distinctive natl. or ethnic Domiciliary theory.
character. 3. Membership in a political
Nationalization. The acquisition by a state of
community with all its concomitant rights
property previously held by private persons
and obligations. It is a tie that binds an indi-
or companies usu. in exchange for some
vidual to his state, from which he can claim
consideration.
protection and whose laws he is obliged to
obey. [Cruz, Intl. Law Reviewer, 1996 Ed., Nationalization law. Also Filipinization law.
p. 102]. Compare with Citizenship. One which limits a certain economic activity,
or the exercise or enjoyment of a certain
Nationality of a corporation sole. A corp.
right, franchise, privilege, property or busi-
sole does not have any nationality but for
ness only to Filipino citizens, or to corps. or
purposes of applying nationalization laws,
assocs. at least a certain percentage of the
nationality is determined not by the national-
capital of which is owned by Filipino citizens.
ity of its presiding elder but by the nationality
[Martin, Commentaries and Jurisp. on
of its members, constituting the sect in the
Comml. Laws, Vol. 1, 1988 Rev. Ed., p.
Phils. Thus, the Roman Catholic Church can
543].
acquire lands in the Phils. even if it is head-
ed by the Pope. [Roman Catholic Apostolic Native. 1. N. A person born in a specified
Church v. Land Registration Commission, place or associated with a place by birth,
GR L-8451, Dec. 20, 1957]. whether subsequently resident there or not.
2. Adj. belonging to, or connected with a
Nationality of the claim. Intl. Law. Suits
specific place or country by virtue of birth or
brought in intl. tribunals on behalf of a pri-
origin.
vate person may be made only by the per-
son's natl. state. Native language. The language that a person
has spoken from earliest childhood. See
Nationality principle. Intl. Law. 1. Doctrine
Regional language.
that a court has criminal jurisdiction if the
defendant is a national of the forum state. 2. Native title. Pre-conquest rights to lands and
Doctrine that a state may tax the worldwide domains which, as far back as memory
income of its nationals. See Domiciliary reaches, have been held under a claim of
principle. private ownership by Indigenous Cultural
Communities or Indigenous Peoples (ICCs
Nationality rule. Laws relating to family rights
or IPs), have never been public lands and
and duties, or to the status, condition and
are thus indisputably presumed to have
legal capacity of persons are binding upon
been held that way since before the Spanish
citizens of the Phils., even though living
Conquest. [Sec. 4, RA 8371].
abroad. [Art. 15, CC].
Native-born citizen. One who was born in a
Nationality rule. Exception: Where a marriage
country in which he is a citizen. [Suarez,
bet. a Filipino citizen and a foreigner is valid-
Pol. Law Reviewer, 1st Ed., 2002, p. 252].
ly celebrated and a divorce is thereafter val-
idly obtained abroad by the alien spouse Natura vacuum abhorret. Lat, Nature abhors
capacitating him or her to remarry, the Fili- a vacuum. [Defensor-Santiago v. Ramos,
pino spouse shall have capacity to remarry PET Case 001. Feb. 13, 1996].
under Phil. law. [Art. 26, par. 2, FC, as
amended by EO 227]. Natural appropriation. The occurrence
whereby private lands have been invaded
Nationality theory. The theory that jurisdiction by the waters or waves of the sea and con-
over the status of a natural person is deter- verted into portions of the shore or beach.
mined by the latter's nationality. [Ellis v.

645
Natural bed. Also Channel (of a creek or Natural justice. A word used to refer to situa-
river). The ground covered by its waters tions where Audi alteram partem [the right
during the highest (ordinary) floods. The to be heard] and Nemo judex in parte sua
orig. Spanish text reads: "Alveo a cauce [no person may judge their own case] apply.
natural de un arroyo y rio es el terreno que The principles of natural justice were de-
cubren sus aguas en las mayores crecidas rived from the Romans who believed that
ordinarias." [Hilario v. City of Manila, GR L- some legal principles were natural or self-
19570. Apr. 27, 1967]. evident and did not require a statutory basis.
Natural bed or basin of lakes. The ground Natural law. The law which derives its force
covered by their waters when at their high- and authority from God. It is superior to oth-
est ordinary depth. [Rep. v. Alagad, GR er laws. It is binding to the whole world, in all
66807. Jan. 26, 1989] countries and at all times. [Suarez, Stat.
Con., (1993), p. 37].
Natural biotic area. An area set aside to allow
the way of life of societies living in harmony Natural monument. A relatively small area
with the environment to adopt to modern focused on protection of small features to
technology at their pace. [Sec. 4, RA 7586]. protect or preserve nationally significant
natural features on account of their special
Natural born citizens. Those who are citizens
interest or unique characteristics. [Sec. 4,
of the Phils. from birth without having to per-
RA 7586].
form any act to acquire or perfect their Phil.
citizenship. [Sec. 2, Art. IV, 1987 Phil. Con- Natural obligations. Obligations which, not
sti.]. Also Natural-born citizen. being based on positive law but on equity
and natural law, do not grant a right of ac-
Natural children. Children born outside wed-
tion to enforce their performance, but after
lock of parents who, at the time of the con-
voluntary fulfillment by the obligor, they au-
ception of the former, were not disqualified
thorize the retention of what has been deliv-
by any impediment to marry each other.
ered or rendered by reason thereof. [Art.
Compare with Spurious children.
1423, CC]. Compare with Civil obligations.
Natural children by legal fiction. Children
Natural oleochemical. Chemicals derived
conceived or born of marriages which are
from processing plant-based natural oils
void from the beginning. [Art. 89, CC].
such as but not limited to coconut, palm,
Natural family planning. A variety of methods palm kernel, sunflower, and rapeseed. [Sec.
used to plan or prevent pregnancy based on 2, RA 8970].
identifying the woman‘s fertile days. [Sec. 4,
Natural park. A relatively large area not mate-
RA 10354].
rially altered by human activity where extrac-
Natural fruits. The spontaneous products of tive resources uses are not allowed and
the soil, and the young and other products maintained to protect outstanding natural
of animals. [Art. 442, CC]. and scenic areas of natl. or intl. significance
for scientific, educational and recreational
Natural gas. Gas obtained from boreholes and
use. [Sec. 4, RA 7586].
wells and consisting primarily of hydrocar-
bons. [Sec. 3, PD 87]. Natural person. A human being.
Natural history specimens. Live or preserved Natural product. Those foods that grow spon-
specimens of plants and animals, fossils, taneously in nature whether or not they are
rocks and minerals. Only types, presently ir- tended by man. It also refers to foods that
replaceable specimens, and those in danger have been prepared from grains, vegeta-
of extinction shall be embraced in RA 4846. bles, fruits, nuts, meats, fish, eggs, honey,
[Sec. 3, RA 4846]. raw milk, and the like, without the use or ad-

646
dition of additives, preservatives, artificial Nature. Envi. Law. The created world in its
colors and flavors, or manufactured chemi- entirety. [Oposa v. Factoran, GR 101083, 31
cals of any sort after harvest or slaughter. July 1991].
[Sec. 4, RA 8423].
Nature of business interest and/or financial
Natural resources. Life-support systems such connection. An existing interest or connec-
as the sea, coral reefs, soil, lakes, rivers, tion in any business enterprise, whether as
streams, and forests as well as useful prod- proprietor, investor, promoter, partner,
ucts found therein such as minerals, wildlife, shareholder, officer, managing director, ex-
trees and other plants, incl. the aesthetic at- ecutive, creditor, lawyer, legal consultant or
tributes of scenic sites that are not man- adviser, financial or business consultant,
made. [Sec. 3, RA 7611]. and the like. [CSC‘s Guidelines on the use
of the rev. SALN form].
Natural support. Support which extends only
to what are absolutely necessary for sub- Nature of liability. The type of loan obtained,
sistence. such as personal, multipurpose, salary and
calamity. [CSC‘s Guidelines on the use of
Natural-born citizens. Those who are citizens
the rev. SALN form].
of the Phils. from birth without having to per-
form any act to acquire or perfect their Phil. Nature of the controversy test. Corp. Law. 1.
citizenship. [Sec. 2, Art. IV, 1987 Phil. Con- The test under which the incidents of the [in-
sti.]. tra-corporate] relationship must also be con-
sidered for the purpose of ascertaining
Naturalism. Theory that intl. law is superior to
whether the controversy itself is intra-
the law of individual states and normative.
corporate. [PSBA v. Leaño, GR L-58468,
Naturalization. 1. A mode for both acquisition Feb. 24, 1984]. 2. The controversy must not
and reacquisition of Phil. citizenship. As a only be rooted in the existence of an intra-
mode of initially acquiring Phil. citizenship, corporate relationship, but must as well per-
naturalization is governed by CA 473, as tain to the enforcement of the parties' cor-
amended. On the other hand, naturalization relative rights and obligations under the
as a mode for reacquiring Phil. citizenship is Corp. Code and the internal and intra-
governed by CA 63. [Bengson III v. HRET. corporate regulatory rules of the corp. If the
GR 142840, May 7, 2001]. 2. Process by relationship and its incidents are merely in-
which a person acquires nationality after cidental to the controversy or if there will still
birth and becomes entitled to privileges of be conflict even if the relationship does not
citizenship. exist, then no intra-corporate controversy
exists. [Reyes v. RTC Makati, Br. 142, GR
Naturalized. Admitted to the citizenship of a 165744, Aug. 11, 2008]. Compare with Re-
country. lationship test.
Naturalized citizen. One who acquires his Nautical. Of or concerning sailors or naviga-
Phil. citizenship after birth by any one of the tion; maritime.
modes allowed by law. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 376]. Nautical mile. A unit of linear measure equal
to 6,080 feet [1,853.2 meters].
Naturalized citizens. Those who have be-
come Filipino citizens through naturalization, NAV. See Net asset value.
generally under CA 473, otherwise known
Naval. Of, in, or relating to a navy or navies.
as the Rev. Naturalization Law, which re-
pealed the former Naturalization Law (Act Naval architecture and marine engineering,
2927), and by RA 530. [R. P. Ledesma, An Practice of. The practice shall embrace
Outline of Phil. Immigration and Citizenship services in the form of plans, specifications,
Laws, 1999 ed., p. 355]. estimates, or supervision of the construc-

647
tion, alteration; or structural survey of any Navigation of aircraft. 1. Navigation of air-
floating vessel or equipment, self-propelled craft. A function that includes the piloting of
or otherwise; plans or layouts, specifica- aircraft. [Sec. 3, RA 9497]. 2. Piloting of air-
tions, estimates or supervision of the instal- craft. [Sec. 3, RA 776]. Also navigating
lation of marine power plants and associat- aircraft.
ed equipments incl. screw propeller, paddle
NBB. Natl. Biofuel Board created under Sec. 8
wheel and Voith-Schneider propeller, or any
of RA 9367.
other means of transmitting power from the
main propulsion engine (s) to the buoyant NBI. See National Bureau of Investigation.
fluid; marine auxiliaries, incl. refrigeration,
air conditioning, ventilation, and heating NCA. See Notice of Cash Allocation.
plants and equipments and hull machiner- NCAA. See Non-Cash Availment Authority.
ies; management, maintenance or operation
of any shipyard, graving dock, marine slip- NCIP. See National Commission for Indige-
ways, and any facility for the salvage, repair nous Peoples.
or maintenance of floating vessels or NCLA. See National Committee on Legal
equipments. [Sec. 2, RA 4565]. Aid.
Navigable. 1. Able to be sailed on by ships or NCMB. See National Conciliation and Medi-
boats. 2. Suitable for transportation; passa- ation Board.
ble.
NDRRMF. See National Disaster Risk Re-
Navigable air space. 1. The airspace above duction and Management Framework.
the minimum altitudes of flight prescribed by
regulations under RA 9497 and includes air- NDRRMP. See National Disaster Risk Re-
space needed to insure safety in the take-off duction and Management Plan.
and landing of aircraft. [Sec. 3, RA 9497]. 2. NEA. See National Electrification Admin-
Air space above the minimum altitudes of istration.
flight prescribed by regulations issued under
RA 776. [Sec. 3, RA 776]. Near contact fire. The phrase implies a dis-
tance of not more than 3 inches bet. the
Navigable river. A river that is floatable, that wound and the muzzle of the firearm. [Aus-
is, a river admitting floats. And, thus a float- tria v. People, GR 83530. Dec. 18, 1990].
able stream is considered a navigable Compare with Contact fire.
stream. [Macatangay v. Sec. of Public
Works and Comm., GR L-21673. May 16, Nearest of kin. 1. The closest relative of a
1966]. It has been ruled that a river with a deceased person. 2. The relative or relatives
depth of 1 foot at low tide is evidently navi- entitled to share in the personal property of
gable at high tide for vessels of deeper draft one who dies intestate. 3. The person
of 1 foot and at low tide for navigable to whose interest in the estate is more prepon-
those of 1 foot drafts, thereby applying float- derant. Also Next of kin.
ability as the norm of navigability under RA Nearest surviving relative. The legal spouse
2056 [Villongco v. Moreno, GR L-17240, who survives the deceased senior citizen:
Jan. 31, 1962]. Provided, That where no spouse survives
Navigable waters. 1. The waters of the Phils., the decedent, this shall be limited to rela-
incl. the territorial sea and inland waters tives in the following order of degree of kin-
which are presently, or be in the future sus- ship: children, parents, siblings, grandpar-
ceptible for use by watercraft. [Sec. 3, PD ents, grandchildren, uncles and aunts. [Sec.
979]. 2. All navigable portions of the seas, 3. RA 9994].
estuaries, and inland waterways. [Sec. 3,
PD 857].

648
Necessaries. Those indispensable for suste- other. [People v. Salvilla, GR 86163, 26 Apr.
nance, dwelling, clothing and medical at- 1989].
tendance. It also includes education.
Necessary parties. Those whose presence is
necessary to adjudicate the whole contro-
Necessary. 1. Reasonably convenient. [Ala- versy, but whose interests are so far sepa-
bama & Ry. Co. v. Odeneal, 73 Miss. 34, 19 rable that a final decree can be made in
South, 202]. 2. This word has great flexibility their absence without affecting them. [Seno
of meaning. It is used to express mere con- v. Mangubat, GR L-44339. Dec. 2, 1987].
venience, or that which is indispensable to
Necessary party. A party who is not indispen-
the accomplishment of a purpose. [St. Louis,
sable but who ought to be joined as a party
J & CR. Co. v. Trustee, 42 III. 307]. 3. It fre-
if complete relief is to be accorded as to
quently imports no more than that one thing
those already parties, or for a complete de-
is convenient, or useful or essential to an-
termination or settlement of the claim sub-
other, [McCulloch v. Maryland, 4 Wheat
ject of the action. [Sec. 8, Rule 3, RoC].
(US) 414, 4 L. Ed. 579].
Compare with Indispensable party.
Necessary deposit. Civ. Law. A deposit (a)
Necessitas non habet legem. Lat. Necessity
made in compliance with a legal obligation;
knows no law. [People v. Boholst-Caballero,
or (b) which takes place on the occasion of
GR L-23249 Nov. 25, 1974].
any calamity, such as fire, storm, flood, pil-
lage, shipwreck, or other similar events. [Art. Necessity theory. The theory that the power
1996, CC]. Compare with Voluntary depos- to tax is an attribute of sovereignty. It is a
it. power emanating from necessity. It is a
necessary burden to preserve the State's
Necessary expenses. 1. Civ. Law. Those
sovereignty and a means to give the citizen-
made for the preservation of the property or
ry an army to resist an aggression, a navy to
thing upon which they have been expended.
defend its shores from invasion, a corps of
[Santos v. De Guzman, GR L-11406. Apr.
civil servants to serve, public improvements
26, 1961]. Compare with Useful expenses.
designed for the enjoyment of the citizenry
2. Taxation. The expenditures appropriate
and those which come within the State's ter-
and helpful in the development of the tax-
ritory, and facilities and protection which a
payers business. [Atlas Consolidated Mining
govt. is supposed to provide. [Phil. Guaranty
& Devt. Corp. v. CIR, GR L-26911. Jan. 27,
Co. v. CIR, GR L-22074. Apr. 30, 1965].
1981]. Compare with Ordinary expenses.
Necrophilia. Legal Med. A sexual perversion
Necessary implication doctrine. Stat. Con. A
characterized by erotic desire or coitus with
rule of statutory construction which provides
a cadaver. [Olarte, Legal Med., 1st Ed.
that every statute is understood, by implica-
(2004), p. 114].
tion, to contain all such provisions as may
be necessary to effectuate its object and NEDA. See National Economic and Devel-
purpose, or to make effective rights, powers, opment Authority.
privileges or jurisdiction which it grants, incl.
all such collateral and subsidiary conse- Negative credit information. Information or
quences as may be fairly and logically in- data concerning the poor credit performance
ferred from its terms. [Chua v. CSC, GR of borrowers such as, but not limited to, de-
88979, Feb. 7, 1992]. faults on loans, adverse court judgments re-
lating to debts and reports on bankruptcy,
Necessary means. Crim. Law. The phrase insolvency, petitions or orders on suspen-
merely signifies that one crime is committed sion of payments and corporate rehabilita-
to facilitate and insure the commission of the tion. [Sec. 3, RA 9510].

649
Negative defense. The specific denial of the designed refusal, indifference or unwilling-
material fact or facts alleged in the com- ness to perform one‘s duty. [Magallanes v.
plaint, essential to the plaintiff's cause or Prov. Board, 66 OG 7839].
causes of action. [Sec. 5, Rule 6, RoC].
Neglected child. 1. A child whose basic needs
Compare with Affirmative defense.
have been deliberately unattended or inad-
Negative easement. An easement which pro- equately attended within a period of 3 con-
hibits the owner of the servient estate from tinuous months. Neglect may occur in 2
doing something which he could lawfully do ways. See Physical neglect and Emotion-
if the easement did not exist. [Art. 616, CC]. al neglect. [Sec. 2, RA 9523].2. A child
Compare with Positive easement. whose basic needs have been deliberately
unattended or inadequately attended. [Art.
Negative evidence. Evidence where the wit-
141, PD 603]. Compare with Abandoned
ness states that he did not see or know the
child and Dependent child.
occurrence of a fact. [Francisco, Evidence,
Vol. VII, Part 1, 1997 Ed., p. 4]. Compare Negligence. 1. The omission of that diligence
with Positive evidence. which is required by the nature of the obliga-
tion and corresponds with the circumstances
Negative freedom of association. Labor. The
of the persons, of the time and of the place.
right not to join a labor union. [Poquiz, Labor
[Art. 1173, CC]. 2. The omission to do
Rel. Law, 1999 Ed. p. 101].
something which a reasonable man, guided
Negative pregnant. Civ. Pro. A denial preg- by those considerations which ordinarily
nant with the admission of the substantial regulate the conduct of human affairs, would
facts in the pleading responded to which are do, or the doing of something which a pru-
not squarely denied. It is in effect an admis- dent and reasonable man would not do.
sion of the averment it is directed to. [Galofa [Layugan v. IAC, GR 73998. Nov. 14, 1988].
v. Nee Bon Sing, GR L-22018 Jan. 17, Compare with Imprudence.
1968].
Negligence per se. Conduct defined by stat-
Negative testimony. It is when the witness ute as automatically constituting negligence.
says that he did not see or know of the fac-
Negligence test. The test for determining
tual occurrence. [Tanala v. NLRC, GR
whether a person is negligent in doing an
116588. Jan. 24, 1996]. Compare with Posi-
act whereby injury or damage results to the
tive testimony.
person or property of another is this: Would
Neglect. 1. The failure to do what can be done a prudent man, in the position of the person
and what is required to be done. [Coronado to whom negligence is attributed, foresee
v. Sandiganbayan, GR 94955. Aug. 18, harm to the person injured as a reasonable
1993]. 2. Careless or unintentional failure to consequence of the course about to be pur-
exercise diligence in the performance of of- sued. If so, the law imposes a duty on the
ficial duty and incl. willful neglect or misfea- actor to refrain from that course or to take
sance involving failure in the performance of precaution against its mischievous results,
legal duties. [Manual on Definitions of Ad- and the failure to do so constitutes negli-
min. Offenses in the Civil Service, Oct. gence. Reasonable foresight of harm, fol-
2004, p. 5]. lowed by the ignoring of the admonition born
of this prevision, is the constitutive fact in
Neglect of duty. Also Non-feasance. 1. The negligence. [Picart v. Smith, GR L-12219.
omission or refusal, without sufficient ex-
Mar. 15, 1918].
cuse, to perform an act or duty, which was
the officer's legal obligation to perform. [Sec. Negotiability. Nego. Inst.1. That attribute of
8, PD 971]. 2. Failure to give due attention, property whereby a bill or note or check may
esp. to the performance of a task or duty, a pass from hand to hand similar to money, so

650
as to give the holder in due course, the right course the right to hold the instrument and
to hold the instrument and to collect the sum collect the sum for himself. [Suggested an-
payable for himself free from defenses. 2. swer to Bar 1946; 1949]. 2. A written docu-
Characteristic of a document such as a ment which, when properly executed and
check, draft, bill of exchange that allows it to delivered, can be used as a means of ex-
be legally, freely and unconditionally as- change and credit in place of money.
signable, saleable, or transferable. It allows [Torres, Oblig. & Cont., 2000 Ed., p. 352].
the passing of its ownership from one party
Negotiable instrument. Elements: (a) In writ-
[transferor] to another [transferee] by en-
ing and signed by the maker or drawer; (b)
dorsement or delivery.
Contains an unconditional promise or order
Negotiability. Nego. Inst. Requisites: An in- to pay a sum certain in money; (c) Payable
strument to be negotiable must conform to on demand, or at a fixed or determinable fu-
the following requirements: (a) It must be in ture time; (d) Payable to order or to bearer
writing and signed by the maker or drawer; (so called badges of negotiability); and (e) If
(b) must contain an unconditional promise or addressed to a drawee, he must be named
order to pay a sum certain in money; (c) or otherwise indicated with reasonable cer-
must be payable on demand, or at a fixed or tainty. [Sec. 1, NIL]. A nego. inst. need not
determinable future time; (d) must be paya- follow the exact language of the NIL as long
ble to order or to bearer; and (e) where the as the terms are sufficient which clearly in-
instrument is addressed to a drawee, he dicate an intention to conform to the re-
must be named or otherwise indicated quirements of the law. [Sec. 10, NIL]. Leter
therein with reasonable certainty. [Sec. 1, (e) applies only to bills of exchange. A
NIL]. promissory note has no drawee.
Negotiability of the instrument. Requisites: Negotiable instrument. Kinds: (a) Promissory
(a) Words that appear on the face of the ne- note (PN); and (b) Bill of exchange (BoE).
go. inst.; (b) Requirements enumerated in [Secs. 184 and 126, NIL]. Checks are spe-
Sec. 1 of the NIL; and (c) Intention of the cial forms of BoE.
parties by considering the whole of the in-
Negotiable instrument. Methods of transfer-
strument.
ring: (a) Issue – 1st delivery of the instru-
Negotiability, Words of. Nego. Inst. The ment complete in form to a person who
words which the instrument in must contain takes it as a holder; (b) Negotiation – an in-
in order to be considered negotiable - i.e., strument is negotiated when it is transferred
must be payable to 'order' or 'bearer.' [Salas from one person to another in such a man-
v. CA, GR 76788. Jan. 22, 1990]. ner as to constitute the transferee the holder
thereof; and (c) Assignment – absent any
Negotiable. 1. Open to discussion or modifica-
express prohibition against assignment or
tion. 2. The ability to be sold or transferred
transfer written on the face of a non-nego.
to another party as a form of payment.
inst., the same may be assigned or trans-
Negotiable document of title. A document of ferred.
title in which it is stated that the goods re-
Negotiable instrument. Requisites: (a) It must
ferred to therein will be delivered to the
be in writing and signed by the maker or
bearer, or to the order of any person named
drawer; (b) it must contain an unconditional
in such document. [Art. 1507, CC].
promise or order to pay a sum certain in
Negotiable instrument. 1. A written contract money; (c) it must be payable on demand,
for the payment of money which by its form or at a fixed or determinable future time; (d)
and on its face is intended as a substitute it must be payable to order or to bearer; and
for money and passes from hand to hand as (e) where the instrument is addressed to a
money, so as to give the holder in due drawee, he must be named or otherwise in-

651
dicated therein with reasonable certainty. first listen to the other party's perspective
[Sec. 1, NIL]. and to then attempt to arrive at a resolution
by consensus.
Negotiable instrument. Situations involving a
nego. inst.: (a) Incomplete instrument: (a.1) Negotiated checks. MDS checks already paid
Delivered: (a.1.1) with forgery and altera- or encashed by govt. servicing banks.
tion; or (a.1.2) without forgery and alteration;
Negotiated instrument. An instrument trans-
(a.2) Not delivered: (a.2.1) with forgery and
ferred from one person to another in such a
alteration; or (a.2.2) without forgery and al-
manner as to constitute the transferee the
teration; (b) Complete instrument: (b.1) De-
holder thereof. [Sec. 30, NIL]. A holder is
livered: (b.1.1) with forgery and alteration; or
the payee or indorser of a bill or note who is
(b.1.2) without forgery and alteration; (b.2)
in possession of it, or the bearer thereof.
Not delivered: (b.2.1) with forgery and alter-
[Sec. 191, NIL].
ation; or (b.2.2) without forgery and altera-
tion. Negotiated purchase. The procurement of
supplies without public bidding undertaken
Negotiable Instruments Law (NIL). Act 2031
for the purpose. [IRR on Supply & Prop.
which took effect on June 2, 1911, and is
patterned after the US Uniform Nego. Inst.
Law, which in turn is copied from the English Negotiated sale. A sale without public bidding
Bill of Exchange Act of 1882. [Miravite, Bar undertaken for the purpose. [IRR on Supply
Review Materials in Comm. Law, 12th Ed., & Prop. Mgt., per Sec. 383, LGC].
(2002), p. 63]
Negotiating bank. A correspondent bank
Negotiable note. A chose in action, or evi- which buys or discounts a draft under the
dence of the right of the real owner. letter of credit. Its liability is dependent upon
the stage of the negotiation. If before nego-
Negotiable order of withdrawal account
tiation, it has no liability with respect to the
(NOWA). An interest-bearing deposit ac-
seller but after negotiation, a contractual re-
count that combines the payable on demand
lationship will then prevail bet. the negotiat-
feature of checks and the investment fea-
ing bank and the seller. [Feati Bank & Trust
ture of saving accounts.
Co. v. CA, GR 94209. Apr. 30, 1991].
Negotiable receipt. A receipt in which it is
Negotiation. Civ. Law. The period from the
stated that the goods received will be deliv-
time the prospective contracting parties indi-
ered to the bearer or to the order of any per-
cate interest in the contract to the time the
son named in such receipt. [Sec. 5, Act
contract is concluded [perfected]. [Ang Yu v.
2137]. See Non-negotiable receipt.
CA, GR 109125. Dec. 2, 1994]. Compare
Negotiable warehouse receipt. A receipt in with Perfection and Consummation.
which it states that the goods received will
Negotiation. Nego. Inst. 1. The transfer of an
be delivered to the bearer or to the order of
instrument from one person to another in
any person named in such receipt. [Sec. 5,
such manner as to constitute the transferee
Act 2137]. It is negotiated by either delivery
the holder thereof. If payable to bearer, it is
or indorsement plus delivery. No provision
negotiated by delivery; if payable to order, it
shall be inserted in a negotiable receipt that
is negotiated by the indorsement of the
it is non-negotiable. Such provision, if in-
holder completed by delivery. [Sec. 30, NIL].
serted, shall be void. A negotiable ware-
2. The process of submission and consider-
house receipt cannot be converted into non-
ation of offers until an acceptable offer is
negotiable. [Ibid.].
made and accepted.
Negotiate. To communicate on a matter of
Negotiation. Nego. Inst. Methods or modes: 1.
disagreement bet. 2 parties, with a view to
If payable to bearer, it is negotiated by de-

652
livery; or 2. If payable to order, it is negotiat- Neighboring rights. Intel. Prop. The rights of
ed by the indorsement of the holder com- performers, producers of sound recording
pleted by delivery. [Sec. 30, NIL]. and broadcasting orgs.
Negotiations. Intl. Law. 1. The 1st steps taken Nemo auditur propriam turpitudinem alle-
in the settlement of intl. disputes. It is noth- gans. Lat. No one can be heard to invoke
ing more than the discussion by the parties his own turpitude. [Used in Liguez v. CA,
themselves of their respective claims and GR L-11240 Dec. 18, 1957].
counterclaims with a view to their just and
Nemo bis punitur pro eodem delicto. Lat.
orderly adjustment. [Cruz, Intl. Law Review-
No man is punished twice for the same fault
er, 1996 Ed., p. 120]. 2. The preliminary dis-
or offense. [Mallari v. People, GR L-58886.
cussions leading up to the adoption of an
Dec. 13, 1988].
agreement.
Nemo contra factum suum venire potest.
Negotiorum gestio. Lat. Management of
Lat. No man can contradict his own act or
business. Civ. Law. 1. The voluntary admin-
deed.
istration of the abandoned business or
property belonging to another without the Nemo cum alterius detrimento locupletari
consent of the latter. [Torres, Oblig. & Cont., potest. Lat. No one shall enrich himself at
2000 Ed., p. 285]. 2. A form of spontane- the expense of another. [Santos v. CA, GR
ous agency in which an agent, the gestor, 100963. Apr. 6, 1993].
acts on behalf and for the benefit of
a principal, but without his or her consent. Nemo dare potest quod non habet. Lat. One
The gestor is only entitled to reimbursement cannot give what he never had before. [Vda.
De Reyes v. CA, GR 92436. July 26, 1991].
for expenses and not to remuneration, the
underlying principle being that negotiorum Nemo dat quod non habet. Lat. No one can
gestio is intended as an act of generosity give what he does not have. [Mercado v.
and friendship and not to allow the gestor to CA, GR 108592. Jan. 26, 1995].
profit from his agency.
Nemo debet bis puniri pro uno delicto. Lat.
Negotiorum gestio. Civ. Law. Requisites: (a) No person can be twice put in this peril for
It must refer to definite affairs; (b) the busi- the same offense. [People v. Vergara, GR
ness or property must be abandoned or ne- 101557-58. Apr. 28, 1993].
glected; (c) there is no express or implied
authority from the owner; (d) the negotiorum Nemo debet bis vexari et eadem causa. Lat.
gestor or officious manager must have been No person should be vexed twice for the
moved by honest intention to protect the in- same cause. [Allied Banking Corp. v. CA,
terest of the owner; (e) there is no prohibi- GR 108089. Jan. 10, 1994].
tion from the owner; (f) the business or Nemo debet bis vexare pro una et eadem
property is susceptible of compiled without causa. Lat. No man shall be twice vexed for
mandatum (order). [Torres, Oblig. & Cont., one and the same cause. [City of Bacolod v.
2000 Ed., p. 286]. San Miguel Brewery, Inc., GR L-25134. Oct.
Negotiorum gestor. Also Officious manager. 30, 1969].
The person who assumed the voluntary ad- Nemo debet bis vexari pro uno cadeve
ministration of the abandoned business or causa. Lat. No man shall be twice vexed for
property belonging to another without the one and the same cause.
consent of the latter. [Torres, Oblig. & Cont.,
2000 Ed., p. 285]. Nemo debet bis vexari, pro una et eadem
causa. Lat. No man shall be twice vexed for
one and the same cause. [Bachrach Motor

653
Co., Inc. v. Icarangal, 68 Phil 287, 293 Neovascular glaucoma. It is classified as
(1939)]. secondary glaucoma caused by another eye
disease or injury. [Hatta Hataie v. ECC, GR
Nemo debet esse judex in propria causa.
92803. Mar. 22, 1991].
Lat. No one can be a judge in his own
cause. [Filipino Metals Corp. v. Ople, GR L- NEP. See National Expenditure Program.
43861. Sep. 4, 1981]. See Nemo judex in
Nephritis. An acute, diffuse inflammation of
parte sua.
the glomeruli or kidneys. It usu. follows pre-
Nemo ex alterius incommodo debet le- vious streptoccocal infection mostly in the
cupletari. Lat. No man ought to be made upper respiratory tract. [Clemente v. GSIS,
rich out of another's injury. [Security Bank & GR L-47521. July 31, 1987].
Trust Co. v. CA, GR 117009. Oct. 11, 1995].
Nepos neptisve. Sp. Grandson or grand-
Nemo judex in parte sua. Lat. No person may daughter. [Barretto v. Tuason, GR 23923.
judge their own case. A fundamental princi- Mar. 23, 1926].
ple of natural justice which states that no
Nepotism. Civ. Serv. The prohibition on all
person can judge a case in which he is par-
appointments in the natl., provincial, city and
ty. May also be called Nemo judex in sua
municipal govts. or in any branch or instru-
causa or nemo debet esse judex in pro-
mentality thereof, incl. GOCCs, made in fa-
pria causa.
vor of a relative of the appointing or recom-
Nemo judex in sua causa. Lat. Nobody mending authority, or of the chief of the bu-
should judge his own cause. reau or office, or of the persons exercising
immediate supervision over him. The word
Nemo plus juris ad alium transferre potest
Relative and members of the family referred
quam ipse habet. Lat. No man can transfer
to are those related within the 3rd degree ei-
to another a right or title greater than he
ther or consanguinity or of affinity. [Sec. 59,
himself possesses.
Book V, EO 292].
Nemo potest esse simul actor et judex. Lat.
Net. Remaining after a deduction, such as tax
No man can be at once a litigant and judge.
or a discount, has been made.
[Corona v. CA, GR 97356. Sep. 30, 1992].
Net appraised value. See Sound value.
Nemo potest nisi quod de jure potest. Lat.
No man can do anything except what he can Net asset value or NAV. 1. The total assets
do lawfully. [Traders Royal Bank v. CA, GR less total liabilities as determined by the lRR
93397. Mar. 3, 1997]. of the SEC. [Sec. 3, RA 9856]. 2. The
amount of assets exceeding the liabilities as
Nemo potest plus juris ad alium transferre
differentiated from total assets which include
quam ipse habet. Lat. No one can transfer
the liabilities. [Adamson v. CA, GR 106879.
a greater right to another than he himself
May 27, 1994].
has. [Mathay v. CA, GR 115788. Sep. 17,
1998]. Net assets. The property, plant and equipment
as reflected in the audited financial state-
Nemo tenetur ad impossibile. Lat. The law
ment of the contractor net of depreciation,
obliges no one to perform an impossibility.
as computed for tax purposes, excl. ap-
[Prov. of Cebu v. IAC, GR 72841. Jan. 29,
praisal increase and construction in pro-
1987].
gress. [Sec. 3, RA 7942].
Nemo tenetur seipsum accusare. Lat. No
Net book value. This is computed by deduct-
one is bound to incriminate himself. [Villaflor
ing accumulated depreciation on cost from
v. Summers, GR 16444 Sep. 8, 1920].
historical cost. [RCPI v. Natl. Wages Coun-
cil, GR 93044. Mar. 26, 1992].

654
Net capital gain. The excess of the gains from contribution to the electricity grid. [Sec. 4,
sales or exchanges of capital assets over RA 9513].
the losses from such sales or exchanges.
Net profits. The increase in value bet. the
[Sec. 39, NIRC, as amended].
market value of the community property at
Net capital loss. The excess of the losses the time of the celebration of the marriage
from sales or exchanges of capital assets and the market value at the time of its disso-
over the gains from such sales or exchang- lution. [Art. 102(4), FC].
es. [Sec. 39, NIRC, as amended].
Net retail price. The price at which the dis-
Net earnings. Income derived from whatever tilled spirits is sold on retail in at least 5 ma-
source, whether exempt or subject to tax, jor supermarkets in Metro Manila, excl. the
net of deductions allowed under Sec. 29 of amount intended to cover the applicable ex-
the NIRC, as amended, and income tax and cise tax and the value-added tax. For dis-
other taxes paid thereon, but in no case tilled spirits which are marketed outside Met-
shall any reserve for whatever purpose be ro Manila, the ‗net retail price‘ shall mean
allowed as a deduction from net earnings. the price at which the distilled spirits is sold
[Sec. 2, RA 7656]. in at least 5 major supermarkets in the re-
gion excl. the amount intended to cover the
Net income. 1. Net income as determined
applicable excise tax and the value-added
under the Phil. Financial Reporting
tax. [Sec. 141, NIRC, as amended].
Standards (PFRS). 2. Gross business or
professional income less allowable Net worth. 1. The sum of all assets [real, per-
deductions, (a) incl. personal and additional sonal and other assets] less total liabilities.
exemptions, or (b) incl. only basic personal [CSC‘s Guidelines on the use of the rev.
exemption (when allowed in the case of SALN form]. 2. The difference bet. total as-
non-resident aliens engaged in trade or sets and total liabilities. [Sec. 4, PD 379]. 3.
business or the exercise of a profession in The total of the unimpaired paid-in surplus,
the Phils.); or (c) without both personal and retained earnings and undivided profit, net
additional exemptions (as to such non- of valuation reserves and other adjustments
resident aliens. [De Leon, Fundamentals of as may be required by the BSP. [Sec. 24.2,
Taxation, 2000 Ed., p. 96]. Compare with RA 8791].
Gross income.
Net worth method. A method used in deter-
Net income (Loss). The difference bet. reve- mining the taxable income of a perso, based
nues and expenses, reflecting the results of upon the general theory that money and
operations of corps. for a given period. A other assets in cess of liabilities of a taxpay-
positive balance indicates a net income er [after an accurate and proper adjustment
while a negative balance, a net loss. of non-deductible items] not accounted for
by his income tax returns, leads to the infer-
Net lending. Advances by the natl. govt. for
ence that part of his income has not been
the servicing of govt. guaranteed corporate
reported. [Perez v. CTA, 103 Phil 1167].
debt during the year, net of repayments on
such advances. Includes loans outlays or Netiquette. The correct or acceptable way of
proceeds from program loans relent to govt. communicating on the Internet.
corps.
Netizen. A user of the Internet, esp. a habitual
Net metering. A system, appropriate for dis- or avid one.
tributed generation, in which a distribution
Network. 1. A complex, interconnected group
grid user has a 2-way connection to the grid
or system. 2. A system of computers inter-
and is only charged for his net electricity
connected by telephone wires or other
consumption and is credited for any overall
means in order to share information.

655
Network of Protected Areas for Agricultural by 3rd states towards belligerents and rec-
and Agro-industrial Development ognized by the belligerents, such attitude
(NPAAAD). Agricultural areas identified by creating rights and duties bet. the impartial
the DA through the Bu. of Soils and Water States and the belligerents. It is more that
Management in coordination with the Natl. just an attitude of impartiality; it denotes a
Mapping and Resource Information Authori- legal status of a special nature, involving
ty in order to ensure the efficient utilization correlative rights and duties as bet. the neu-
of land for agriculture and agro-industrial tral States and the belligerents. Compare
development and promote sustainable with Neutralization.
growth. The NPAAAD covers all irrigated
Neutralization. Intl. Law. The result of a treaty
areas, all irrigable lands already covered by
wherein the duration and other conditions of
irrigation projects with firm funding commit-
such neutralization are agreed upon by the
ments; all alluvial plain land highly suitable
neutralized state and other states. Compare
for agriculture whether irrigated or not; agro-
with Neutrality.
industrial croplands or lands presently
planted to industrial crops that support the New and material evidence. Requisites as a
viability of existing agricultural infrastructure ground for new trial: (a) that the evidence
and agro-based enterprises, highlands, or was discovered after the trial; (b) that such
areas located at an elevation of 500 meters evidence could not have been discovered
or above and have the potential for growing and produced at the trial even with the exer-
semi-temperate and high-value crops; all cise of reasonable diligence; and (c) that
agricultural lands that are ecologically frag- such evidence is material, not merely cumu-
ile, the conversion of which will result in se- lative, corroborative or impeaching, and is of
rious environmental degradation, and man- such weight that, if admitted, it will probably
grove areas and fish sanctuaries. [Sec. 4, change the judgment [People v. de la Cruz,
RA 8435]. GR 68319 Mar. 31, 1992].
Neutral. Not helping or supporting either of 2 New cause of action. One materially different
opposing sides, esp. countries at war; im- from, or in addition to, that first advanced or
partial. such as permits a more onerous judgment
against defendant that could before have
Neutral reportage. A principle in prosecutions
been rendered against him.
for libel where a republisher who accurately
and disinterestedly reports certain defama- New drugs. 1. Any drug the composition of
tory statements against public figures is which is such that said drug is not generally
shielded from liability, regardless of the re- recognized among experts qualified by sci-
publisher‘s subjective awareness of the truth entific training and experience to evaluate
or falsity of the accusation. The privilege of the safety, efficacy and quality of drugs as
neutral reportage applies where the de- safe, efficacious and of good quality for use
famed person is a public figure who is in- under the conditions prescribed, recom-
volved in an existing controversy, and a par- mended, or suggested in the labeling there-
ty to that controversy makes the defamatory of; or (b) any drug the composition of which
statement. [Filipinas Broadcasting Network, is such that said drug, as a result of its pre-
Inc. v. Ago Medical and Educational Center- vious investigations to determine its safety,
Bicol Christian College of Medicine, GR efficacy and good quality for use under cer-
141994. Jan. 17, 2005]. tain conditions, has become so recognized
but which has not, otherwise than in such
Neutrality. Intl. Law. 1. The status of a State
investigations, been used to a material ex-
refraining from participation in war. [Coquia
tent or for a material time under new condi-
tions. [Art. 4, RA 7394].
620]. 2. An attitude of impartiality adopted

656
New fees or charges. Those which are im- Newborn screening reference center. The
posed by new schools or by existing schools central facility at the Natl. Institute of Health
which are not included in their public bulletin (NIH) that defines testing and follow-up pro-
or catalogue. [Sec. 1, Rule II, PD 451]. tocols, maintains an external laboratory pro-
ficiency testing program, oversees the natl.
New industry participants. New participants
testing database and case registries, assists
in a particular sub-sector of the downstream
in training activities in all aspects of the pro-
oil industry with investments and initial busi-
gram, oversees content of educational ma-
ness operations commencing after Jan. 1,
terials and acts as the Secretariat of the Ad-
1994. [Sec. 4, RA 8479].
visory Committee on Newborn Screening.
New product. A consumer product which [Sec. 4, RA 9288].
incorporates a design, material or form of
Newly-discovered evidence. 1. [Evidence]
energy exchange which has not previously
that could not, by the exercise of due dili-
been used substantially in consumer prod-
gence, have been discovered before the trial
ucts and as to which there exists a lack of
in the court below. [U.S. v. Palanca, 5 Phil
adequate information to determine the quali-
269 (1905)]. 2. Evidence which could not
ty and safety of such product if used by the
have been discovered prior to the trial in the
consumers. [Art. 4, RA 7394].
court below by the exercise of due diligence
New trial. Civ. Pro. The rehearing of a case and which is of such character as would
already decided by the court but before the probably change the result. [Navarra v. CA,
judgment thereon becomes final and execu- GR 86237. Dec. 17, 1991].
tory, whereby errors of law or irregularities
Newly-discovered evidence. Requisites: (a)
are expunged from the record, or new evi-
The evidence had been discovered after tri-
dence is introduced or both steps are taken.
al; (b) the evidence could not have been
Also Trial de novo.
discovered and produced during trial even
New York Convention. The UN Convention with the exercise of reasonable diligence;
on the Recognition and Enforcement of For- and, (c) the evidence is material and not
eign Arbitral Awards approved in 1958 and merely corroborative, cumulative or im-
ratified by the Phil. Senate under Senate peaching and is of such weight that if admit-
Resolution 71. [Sec. 3, RA 9285]. ted would probably alter the result. [Tumang
v. CA, GR 82072, 17 Apr. 1989; Velasco v.
Newborn. A child from the time of complete Ortiz, GR 51973, 16 Apr. 1990].
delivery to 30 days old. [Sec. 4, RA 9288].
News. All events and items of information
Newborn screening. The process of collect-
which are out of the ordinary humdrum rou-
ing a few drops of blood from the newborn tine, and which have that indefinable quality
onto an appropriate collection card and per- of information which arouses public atten-
forming biochemical testing for determining tion. [Ayer Prods. Pty. Ltd. v. Capulong, GR
if the newborn has a heritable condition. L-82380. Apr. 29, 1988].
[Sec. 4, RA 9288].
Newspaper of general circulation. A news-
Newborn screening center. A facility paper published for the dissemination of lo-
equipped with a newborn screening labora- cal news and general information; that it has
tory that complies with the standards estab- a bona fide subscription list of paying sub-
lished by the Natl. Institute of Health (NIH) scribers; that it is published at regular inter-
and provides all required laboratory tests
vals. [Basa v. Mercado, GR 42226. July 26,
and recall or follow-up programs for new- 1935].
borns with heritable conditions. [Sec. 4, RA
9288]. Next of kin. 1. Those persons who are entitled
under the statute of distribution to the dece-

657
dent's property. [Gabriel v. CA, GR 101512. work requires performance of a substantial
Aug. 7, 1992]. 2. A relative or a responsible number of hours of night work which ex-
friend with whom the minor or incompetent ceeds a specified limit [which] shall be fixed
lives. [IRR, Sec. 16(a) of PD 1508]. 3. The by the Sec. of Labor after consulting the
nearest blood relative of a deceased. The workers‘ representatives or labor orgs. and
expression has come to describe those per- employers. [Sec. 4, RA 10151].
sons most related to a dead person and
Nighttime (Obscuridad). That period of dark-
therefore set to inherit the deceased‘s prop-
ness beginning at the end of dusk and end-
erty. Also Nearest of kin.
ing at dawn. [People v. Codilla, GR 100720-
Nexus. Lat. Connection. 23. June 30, 1993].
Neypes Rule. See Fresh Period Rule. Nighttime and uninhabited place. Crim. Law.
The aggravating circumstances under Art.
NFA. See National Food Authority.
14 (6) of the Rev. Penal Code which may be
NGC. National Govt. Center. considered, provided the following elements
are taken into account: (a) When it facilitat-
NGO. See Non-governmental organization. ed the commission of the crime; or (b) When
NHA. See National Housing Authority. esp. sought for by the offender; or (c) When
offender took advantage thereof for the pur-
NHMFC. See National Home Mortgage Fi- pose of impunity. [People v. Matbagon, GR
nance Corporation. L-42165 Nov. 12, 1934].
NIA. See National Irrigation Administration. NIH. Natl. Institute of Health. [Sec. 4, RA
Nieto. Sp. Grandson. The son of the son. 9288].
Used with respect to the grandfather. The Nihil de re accrescit ei qui nihil in re quan-
term is also used by extension to include the do jus accresceret habet. Lat. Nothing ac-
word descendant in a given line to the 3rd, crues to him, who, when the right accrues,
4th and successive generations. [Barretto v. has nothing in the subject matter. [Used in
Tuason, GR 23923. Mar. 23, 1926]. Surigao Mine Exploration Co., Inc. v. C.
Night shift. The period of time scheduled for Harris, GR L-45543 May 17, 1939].
work at night, as in a factory or other institu- NIRC. See National Internal Revenue Code.
tion.
Nitrate test. See Paraffin test.
Night shift differential. Payment of not less
than 10% of an employee‘s regular wage for Nitro Cellulose. See Cellulose Nitrate.
each hour of work performed bet. 10 o'clock NLRC. See National Labor Relations Com-
in the evening and 6 o'clock in the morning. mission.
[Art. 86, LC].
NMIS. See National Meat Inspection Ser-
Night worker. Labor. 1. All persons, who shall vice.
be employed or permitted or suffered to
work at night, except those employed in ag- No action clause. A requirement in a policy of
riculture, stock raising, fishing, maritime liability insurance which provides that suit
transport and inland navigation, during a pe- and final judgment be first obtained against
riod of not less than 7 consecutive hours, the insured, that only thereafter can the per-
incl. the interval from midnight to 5 o‘clock in son injured recover on the policy. [Guingon
the morning, to be determined by the Sec. of v. Del Monte, GR L-21806, Aug. 17, 1967].
Labor and Employment, after consulting the A ―no action‖ clause must yield to the provi-
workers‘ representatives or labor orgs. and sions of the Rules of Court regarding multi-
employers; any employed person whose

658
plicity of suits. [Shafter v. RTC, GR 78848, sel. In case of loss, the ship owner‘s liability
Nov. 14, 1988]. is also extinguished. The limited liabilty like-
wise extends to the ship‘s appurtenances,
No fault indemnity clause. A clause where
equipment, freightage, and insurance pro-
the insurer is required to pay a 3rd party in-
ceeds. The ship owner‘s or agent‘s liability is
jured or killed in an accident without the ne-
merely co-extensive with his interest in the
cessity of proving fault or negligence on the
vessel such that a total loss of the vessel
part of the insured. There is a stipulated
results in the liability‘s extinction. The ves-
maximum amount to be recovered. [1994
sel‘s total destruction extinguishes the mari-
Bar Exam.].
time liens bec. there is no longer any res to
No par value shares. Corp. Law. 1. Shares which they can attach. [Monarch Ins. v. CA,
without any stated value appearing on the GR 92735, June 8, 2000].
face of the certificate of stock. It is a stock
No work no pay principle. The principle in
which does not state how much money it
labor law that actual work is the basis of
represents. [De Leon, Corp. Code of the
claim for wages.
Phil. Annotated, 1989 Ed., p. 60]. 2. Shares
which are without par value which may be No work, no pay rule. Labor. The principle
sold at whatever price the company's BoD that applies during rest and special days
decides. Compare with Par value shares. when workers who are not required or per-
mitted to work on those days are not by law
No par value shares. Corp. Law. Limitations:
entitled to any compensation.
(a) Shares which are no par value, cannot
have an issued price of less than P5.00; (b) No-contest clause. Succ. Language in a will
The entire consideration for its issuance that provides that a person who makes a le-
constitutes capital so that no part of it gal challenge to the will's validity will be dis-
should be distributed as dividends; (c) They inherited.
cannot be issued as preferred stocks; (d)
Nocturnal. Done, occurring, or active at night.
They cannot be issued by banks, trust com-
panies, insurance companies, public utilities Nocturnidad. Sp. Nocturnity. Under cover of
and building and loan assoc.; (e) The AOI darkness. The fact that a crime had been
must state the fact that it issued no par val- carried out under cover of darkness makes it
ue shares as well as the number of said an aggravating circumstance.
shares; (f) Once issued, they are deemed
fully paid and non-assessable. [Sec. 6, Nocturnity. An aggravating circumstance
Corp. Code]. under Art. 14 (6) of the Rev. Penal Code
when it is purposely and deliberately sought
No quarter will be given. Refusing to spare by the accused to facilitate the commission
the life of anybody, even of persons of the crime. [People v. Alcala, GR L-18988
manifestly unable to defend themselves or Dec. 29, 1922], or to prevent their being
who clearly express their intention to recognized or to insure unmolested escape.
surrender. [Sec. 3, RA 9851]. [US v. Billedo, GR 10883. Dec. 20, 1915].
Nocturnidad must concur with the intent and
No religious test clause. Consti. Law. A pro-
design of the offender to capitalize on the in-
vision in the 1897 Phil. Consti. that ―no reli-
trinsic impunity afforded by the darkness of
gious test shall be required for the exercise
night. [People v. Leyles, GR L-15300, May
of civil or political rights.‖ [Sec. 5, Art. III,
29, 1964].
1987 Consti.].
No-fault indemnity. The payment of any claim
No vessel, no liability doctrine. Also called
for death or injury to any passenger or 3rd
the Doctrine of limited liability. [The doc-
party pursuant to the provisions of Chap. VI
trine that] provides that the liability of a ship
of the Ins. Code (PD 612) without the ne-
owner is limited to his interest over the ves-

659
cessity of proving fault or negligence of any of Reps. shall, upon motion of a Member,
kind. [Sec. 378, IC]. duly approved by 1/5 of the Members pre-
sent, there being a quorum, call in alphabet-
No-fault indemnity clause. A clause found in
ical order, the names of the Members who
an insurance policy under which any claim
shall state their votes as their names are
for death or injury of any passenger or 3rd
called.
party shall be paid without the necessity of
proving fault or negligence of any kind. Nominate. Having a particular name.
Nominate contracts. They are contracts with
(2002), p. 107].
specific names or designation in law. E.g.,
Nolle prosequi. Lat. Will not further prosecute. sale. [Diaz, Bus. Law Rev., 1991 Ed., p. 61].
The withdrawal or dismissal of an infor- Compare with Innominate contracts.
mation addressed solely to the sound and
Non allegata non probata. Lat. That which is
judicious discretion of the court which has
not alleged cannot be proved. This is an ex-
the option to grant or deny it. [Galvez v. CA,
clusionary rule in the Law of evidence that a
GR 114046. Oct. 24, 1994].
party who fails to allege a fact in his plead-
Nolo contendere. Lat. I will not defend it. 1. ings may not also be allowed to prove it, if
Used primarily in criminal proceedings the party objecting thereto be not thereby
whereby the defendant declines to refute the given a chance to prove the contrary of what
evidence of the prosecution. In some juris- was not alleged but proved by the other.
dictions, this response by the defendant has [Rule on Pleadings and the Law of Evi-
same effect as a plea of guilty. 2. A Latin dence].
phrase meaning "I will not contest it." A plea
Non bis in idem. Lat. Not twice for the same.
in a criminal case which does not require the
The rule on double jeopardy found in Sec.
defendant to admit guilt, but the defendant
22, Art. IV, Bill of Rights (of the 1987 Con-
does not contest the facts on which the
sti.) [Esmeña v. Pogoy, GR L-54110, Feb.
charge is based. Some judges refuse to ac-
20, 1981].
cept such pleas in criminal cases.
Non compos mentis. Lat. Not of sound mind.
Nominal. Existing in name only.
It indicates that a person does not have the
Nominal damages. 1. These damages are ability, due to his mental condition, to know
adjudicated in order that a right of the plain- the nature of his act. [Torres, Oblig. & Cont.,
tiff, which has been violated or invaded by 2000 Ed., p. 352].
the defendant, may be vindicated or recog-
Non debeo meliores esse conditions quam
nized, and not for the purpose of indemnify-
auctor neus, a quo jus ad ge transit. Lat.
ing the plaintiff for any loss suffered by him.
The successor cannot be in a better condi-
[Art. 2221, CC]. 2. Small and trivial sums
tion than his predecessor. [Quijano v. Ca-
awarded for a technical injury due to a viola-
bale, GR L-25558 Aug. 25, 1926].
tion of some legal right and as a conse-
quence of which some damages must be Non erit alia lex Romae, alia Athenis; alia
awarded to determine the right. [Torres, nunc, alia posthac; sed et apud omnes
Oblig. & Cont., 2000 Ed., p. 332]. gentes et omne tempore una eademque
lex obtinebit. Lat. There shall not be one
Nominal partner. A person who is actually not
law at Rome, another at Athens; one now,
a partner but is held out or represented as a
another hereafter; but among all nations one
partner. [Diaz, Bus. Law Rev., 1991 Ed., p.
and the same law shall prevail. [Compagnie
189].
Franco-Indochinoise v. Deutsch-
Nominal voting. Voting on any question Australische Dampschiffs, GR 13954. Jan.
wherein the Secretary General of the House 17, 1919].

660
Non est factum. Lat. Not his deed. A special Non-academic personnel. All other school
defense in contract law to allow a person to personnel not falling under the definition and
avoid having to respect a contract that he coverage of teaching and academic staff,
signed bec. of certain reasons such as a school administrators and academic non-
mistake as to the kind of contract. For ex- teaching personnel. [Sec. 6, BP 232].
ample, a person who signs away the deed
Non-accessing entity. An entity other than a
to a house, thinking that the document
Submitting entity, Special accessing entity
signed was only a guarantee for another
or Borrower that is authorized by the Credit
person's debt, might be able to plead non
Information Corp. to access credit infor-
est factum in a court and on that basis get
mation from a Special accessing entity.
the court to void the contract.
[Sec. 3, RA 9510].
Non liquet. Lat. It is not clear. [A situation]
Non-apparent easements. Those easements
where there is no provision of law clearly
which show no external indication of their
and specifically applicable to the facts at
existence. [Art. 615, CC].
hand. [Locsin V. Valenzuela, GR L-51333
Feb. 19, 1991]. Non-bank financial intermediary. A financial
intermediary, as defined in Sec. 2(D)(c) of
Non mi ricordo. Lat. I don‘t remember.
RA 337, as amended, otherwise known as
Non mi ricordo answer. “I cannot recall‖ the General Banking Act, authorized by the
answer to the question asked by the investi- Bangko Sentral ng Pilipinas (BSP) to per-
gator. [People v. Cruz, GR 69251. Sep. 13, form quasi-banking activities. [Sec. 22,
1989]. NIRC, as amended].
Non prosequitur. Lat. The judgment entered Non-belligerency. Intl. Law. Sometimes used
against a plaintiff who fails to appear in court instead of the term ―Neutrality‖ to describe
to prosecute a suit. the status of a State which did not take part
in military operations, but which did not ob-
Non quieta movere. Lat. Do not disturb what
serve the duties of a neutral. It is a status
has been settled. 1. The rule that adminis-
mid-way bet. a neutral and a belligerent,
trative decisions must end sometime, as ful-
which is not recognized in intl. law. [Coquia
ly as public policy demands that finality be
written on judicial controversies. [Manila
621].
Electric Co. v. Public Service Commission,
61 Phil., 456]. 2. The rule of non quieta Non-budgetary accounts. Trust liabilities,
movere prescribes that what was terminated securities unloaded or purchased, sinking
should not be disturbed [Espiritu v. San Mi- fund, and other accounts not included in the
guel Brewery, 63 Phil., 615]. NG budget.
Non sequitur. Lat. It does not follow. A con- Non-career service. Civ. Serv. A classification
clusion or statement that does not logically of positions in the Civ. Service characterized
follow from the previous argument or state- by (a) entrance on bases other that those of
ment. the usual tests of merit and fitness utilized
for the career service; and (b) tenure which
Non servanti fidem, non est fides servanda.
is limited to a period specified by law, or
Lat. A party [cannot] be held bound to fulfill
which is coterminous with that of the ap-
his promises when the other violates his.
pointing authority or subject to his pleasure,
[Univ. Food Corp. v. CA, GR L-29155. May
or which is limited to the duration of a par-
13, 1970].
ticular project for which purpose employ-
Non sui juris. Lat. It means that a person, not ment was made. [Sec. 9. Rev. Admin.
of legal age, does not have legal capacity. Code].

661
Non-Cash Availment Authority (NCAA). 1. Non-complying bid. A bid which does not
Authority granted by DBM to govt. agencies comply with the advertised descriptions and
to account for the cash equivalent of loan specifications. [IRR on Supply & Prop. Mgt.,
proceeds availed of through supplier‘s credit per Sec. 383, LGC].
or constructive cash. 2. Authority issued by
Nonconformity. Any defect or condition that
the DBM authorizing non-cash disburse-
substantially impairs the use, value or safety
ments, or a Cash Disbursement Ceiling
of a brand new motor vehicle which pre-
(CDC) for departments with overseas opera-
vents it from conforming to the manufactur-
tions to allow the use of income collected by
er‘s or distributor‘s standards or specifica-
their foreign posts for their operating re-
tions, which cannot be repaired, but exclud-
quirements.
ing conditions resulting from noncompliance
Nonchartered GOCC. A GOCC organized by the consumer of his or her obligations
and operating under BP 68, or ―The Corp. under the warranty, modifications not au-
Code of the Phils.‖. [Sec. 3, RA 10149]. thorized by the manufacturer or distributor,
abuse or neglect, and damage due to acci-
Non-combatants. Intl. Law. Those who should
dent or force majeure. [Sec. 3, RA 10642].
not be subjected to attack as they are not
supposed to participate in the actual Non-consumables. Those things whose use
fighting. They do not enjoy identical rights acc. to their nature does not destroy the
when captured but are nevertheless pro- substance of the thing nor cause their loss
tected from inhumane treatment under the to the owner. Money in coin is a non-
Geneva Convention of 1949 relative to the consumable thing. [Tolentino, Civ. Code of
treatment of civilian persons in time of war. the Phils., Vol. II, Repr. 2001, p. 27].
Non-commercial forest. A forest of commer- Non-content data. See Traffic data.
cial species in which the volume of trees
Non-contributory plan. An insurance policy
with 15 cm in diameter at breast height and
where the premiums are solely paid by the
merchantable height of at least 5 meters
employer. [Pineda v. CA, GR 105562, Sep.
measured from the base up to the 1st
27, 1993]. Compare with Contributory
branch, is less than 40 cubic meters per
plan.
hectare.
Non-Convention award. A foreign arbitral
Non-competing goods. Intel. Prop. Those
award made in a State which is not a Con-
which, though they are not in actual compe-
vention State. [Sec. 3, RA 9285].
tition, are so related to each other that it
might reasonably be assumed that they Non-Convention state. A state that is not a
originate from one manufacturer. Non- member of the New York Convention. [Sec.
competing goods may also be those which, 3, RA 9285].
being entirely unrelated, could not reasona-
bly be assumed to have a common source. Non-conventional energy resources. Those
[Esso Standard Eastern, Inc. v. CA, GR L- energy resources in which the conversion or
utilization technology for large-scale [mega-
29971, Aug. 31, 1982].
watt level] applications are not as well-
Non-competitive bidding. A bidding where developed and/or widely use as those for
there is only one participating bidder and, fossil fuels, hydrogeothermal and conven-
hence, falls short of the requirement. There tional nuclear. In general, these resources
would, in fact, be no bidding at all since, ob- would include the direct and indirect forms
viously, the lone participant cannot compete of solar, tidal nuclear converter and breeder
against himself. [Danville Maritime, Inc. v. reactors and fusion. [Sec. 2, PD 1068].
COA, GR 85285. July 28, 1989].
Non-copyrightable works. (a) Idea, proce-
dure, system, method or operation, concept,

662
principle, discovery or mere data as such; 1, PD 932]. Compare with Degree pro-
(b) News of the day and other items of press grams.
information; (c) Any official text of a legisla-
Non-diminution of benefits. The legal pro-
tive, administrative or legal nature, as well
scription against the reduction or diminution
as any official translation thereof; (d) Plead-
or withdrawal by employers of any benefits,
ings; (e) Decisions of courts and tribunals;;
supplements or payments as provided in ex-
(f) Any work of the Govt. of the Phils.; (g) TV
isting laws, individual agreements or collec-
programs, format of TV programs; [Joaquin
tive bargaining agreements bet. workers and
v. Drilon, GR 108946, Jan. 28, 1999]; (h)
employers or voluntary employer practice or
Systems of bookkeeping; and (i) Statutes.
policy. The benefits being given to employ-
Non-cumulative preferred shares. Corp. ees cannot be taken back or reduced unilat-
Law. Those which entitle the holders merely erally by the employer bec. the benefits
to the payment of current dividends but not have become part of the employment con-
back dividends, before holders of common tract, written or unwritten.
shares are paid. [Diaz, Bus. Law Rev., 1991
Non-diminution of benefits principle. Labor.
Ed., p. 249]. Compare with Cumulative pre-
[The principle that] any benefit and
ferred shares.
supplement being enjoyed by employees
Non-defended locality. A locality that fulfills cannot be reduced, diminished,
the following conditions: (a) All combatants, discontinued or eliminated by the employer.
as well as mobile weapons and mobile mili- [Lepanto Ceramics, Inc. v. Lepanto Ceram-
tary equipment, must have been evacuated; ics Employees Assoc., GR 180866, Mar. 2,
(b) no hostile use of fixed military installa- 2010].
tions or establishments must have been
Non-diminution rule. The rule under Art. 100
made; (c) no acts of hostility must have
of the Labor Code [which] mandates that
been committed by the authorities or by the
benefits given to employees cannot be tak-
population; and (d) no activities in support of
en back or reduced unilaterally by the em-
military operations, must have been under-
ployer bec. the benefit has become part of
taken. [Sec. 3, RA 9851].
the employment contract, written or unwrit-
Non-delegation doctrine. Consti. Law. [The ten. [Central Azucarera De Tarlac v. Central
principle that] delegated power constitutes Azucarera De Tarlac Labor Union, GR
not only a right but a duty to be performed 188949 July 26, 2010].
by the delegate through the instrumentality
Non-establishment clause. Consti. Law. A
of his own judgment and not through the in-
provision in the 1897 Phil. Consti. that ―no
tervening mind of another.
law shall be made respecting an
Non-delegation doctrine. Consti. Law. Ex- establishment of religion, or prohibiting the
ceptions: (a) Delegation of tariff powers to free exercise thereof.‖ [Sec. 5, Art. III, 1987
the Pres. under Sec. 28 (2) of Art. VI of the Consti.].
Consti.; (b) Delegation of emergency pow-
Non-exclusive exploration permit. A permit
ers to the Pres. under Sec. 23(2) of Art. VI
which grants to the permittee the non-
of the Consti.; (c) Delegation to the people
exclusive right to conduct geological or geo-
at large; (d) Delegation to local govts.; and
physical exploration on specified areas. [Art.
(e) Delegation to admin. bodies. [Abakada
10, RA 387].
Guro Party List v. Ermita, GR 168056, Sep.
1, 2005]. Non-expendable supplies or property or
Non-consumable supplies or property.
Non-degree programs. All post secondary
Articles which are not consumed in used
vocational or technical courses, not other-
and which ordinarily retain their orig. identity
wise covered by degree requirements. [Sec.
during the period of use, such as weapons,

663
vehicles, machines, tools, and instruments. in no case to exceed 30% of the total ex-
[IRR on Supply & Prop. Mgt., per Sec. 383, penses; and (d) the assets of which, in the
LGC]. event of dissolution, would be distributed to
another nonprofit domestic corp. organized
Nonfeasance. Not doing something that a
for similar purpose or purposes, or to the
person should be doing. Compare with Mal-
state for public purpose, or would be distrib-
feasance and Misfeasance. See also Ne-
uted by a court to another org. to be used in
glect of duty.
such manner as in the judgment of said
Non-fiscal transaction. Items that represent court shall best accomplish the general pur-
expenditures that are non-fiscal in character pose for which the dissolved org. was orga-
but have been carried in the expenditure nized. [Sec. 34, NIRC, as amended].
program of the natl. govt. over the last 4
Non-governmental organization (NGO). 1.
years. These include debt payments on as-
An agency, institution, a foundation or a
sumed liabilities, the debt reduction pro-
group of persons whose purpose is to assist
gram, etc.
peoples orgs. or assocs. in various ways
Non-formal education. Any organized, sys- incl., but not limited to, organizing, educa-
tematic educational activity carried outside tion, training, research and/or resource ac-
the framework of the formal system to processing. [Sec. 4, RA 8550]. 2. A duly regis-
vide selected types of learning to a segment tered nonstock, nonprofit org. focusing on
of the population. [Sec. 4, RA 9155]. the upliftment of the basic or disadvantaged
sectors of society by providing advocacy,
Non-fungibles. Those which have their own training, community organizing, research,
individuality and do not admit of substitution.
access to resources, and other similar activi-
[Tolentino, Civ. Code of the Phils., Vol. II, ties. [Sec. 3, RA 8425]. 3. A nonstock, non-
Repr. 2001, p. 28]. profit org. involved in activities dealing with
Nongovernment organization (NGO). A non- resource and environmental conservation,
profit domestic corp.: (a) organized and op- management and protection. [Sec. 3, RA
erated exclusively for scientific, research, 7942].
educational, character-building and youth Non-health facilities, establishment or insti-
and sports development, health, social wel- tution. Public places and working places, as
fare, cultural or charitable purposes, or a
defined in subpars. (u) and (y) of Sec. 3 of
combination thereof, no part of the net in- RA 10028, respectively. [Sec. 3, RA 10028].
come of which inures to the benefit of any
private individual; (b) which, not later than Non-hearsay. Evid. A statement introduced
the 15th day of the 3rd month after the close not for the purpose of proving the truth of
of the accredited NGOs taxable year in the facts asserted therein but only the mak-
which contributions are received, makes uti- ing of the statement and is admissible in ev-
lization directly for the active conduct of the idence when the making of the statement is
activities constituting the purpose or function relevant. Compare with Hearsay.
for which it is organized and operated, un-
Non-interference doctrine. Rem. Law. 1. The
less an extended period is granted by the
doctrine that judgment of a court of compe-
Sec. of Finance in accordance with the rules
tent jurisdiction may not be opened, modi-
and regulations to be promulgated, upon
fied or vacated by any court or tribunal of
recommendation of the Comm. of Int. Rev.;
concurrent jurisdiction. [Mercado v. Ubay,
(c) the level of administrative expense of
GR L-35830, 24 July 1990]. 2. An elemen-
which shall, on an annual basis, conform
tary principle of higher importance in the
with the rules and regulations to be pre-
administration of justice that the judgment of
scribed by the Sec. of Finance, upon rec-
a court of competent jurisdiction may not be
ommendation of the Comm. of Int. Rev., but
opened, modified, or vacated by any court of

664
concurrent jurisdiction. [Rep. v. Reyes, GR Non-NCA expenditures. Budgetary accounts
L-30263-5 Oct. 3, 1987]. Also Judicial sta- which are paid without requiring the issu-
bility doctrine. ance of notices of cash allocation during the
budget year in consideration.
Non-interference rule. [The rule that] where
the acts of the Chief Exec. performed within Non-negotiable credits. Commercial credits
the limits of his jurisdiction are his official which are neither negotiable nor payable to
acts, the courts will neither direct nor re- bearer, are transferred by assignment with-
strain executive action in such cases. out need of consent of, but with notice to,
[Planas v. Gil, GR 46440. Jan. 18, 1939]. the debtor, and for which the assignor
thereof is liable for the legality of the credit
Non-irrigated lands. Agricultural lands which
and for his capacity as transferor, but not for
lack irrigation systems and are usu. rain-fed.
the solvency of the debtor, unless there is
[Sec. 4, RA 7607].
agreement to the contrary. [Art. 347-348,
Non-joinder. Civ. Pro. When a person who Code of Commerce].
should have been made a party to a legal
Non-negotiable instrument. An instrument
proceedings has been forgotten or omitted.
deemed as non-negotiable bec. the holder
This is usu. addressed by asking the court
thereof takes it without prejudice to such
to amend documents and include the forgot-
rights or defenses as the registered owners
ten party to the proceedings. Compare with
or transferor's creditor may have under the
Misjoinder.
law, except insofar as such rights or defens-
Non-judicial bonds. Those bonds required by es are subject to the limitations imposed by
parties to a contract and by govt. rules and the principles governing estoppel. [De los
regulations having the force of law. E.g.: Santos v. McGrath, GR L-4818 Feb. 28,
Construct Contract Bonds, Supply Contract 1955].
Bond, Completion Bond, Credit Guarantee
Non-negotiable receipt. A receipt in which it
Payment Bond, Financial Guarantee Bond,
is stated that the goods received will be de-
etc. Compare with Judicial bonds.
livered to the depositor or to any other
Non-litigious motions. Motions which may be specified person. [Sec. 4, Act 2137]. See
acted upon by the court without prejudicing Negotiable receipt.
the rights of the adverse party. [Dela Reyes
Non-negotiable warehouse receipt. 1. A
v. Ramnani, GR 169135, June 18, 2010].
receipt in which it states that the goods re-
Non-metallic deposits. All other deposits not ceived will be delivered to the depositor or
covered by the definition of Metallic depos- to any other specified person. [Sec. 4, Act
its. [Sec. 18, PD 464]. 2137]. 2. It shall have plainly placed upon its
face by the warehouseman issuing it ―non-
Non-metallic mineral. Mineral usu. having a negotiable,‖ or ―not negotiable.‖ [Sec. 7, Act
dull luster, generally light-colored, transmits 2137]. Failure to mark ―non-negotiable‖ shall
light, usu. gives either colorless or light col- make it negotiable [if the holder purchased it
ored streak and where a non-metallic or
for value supposing it to be negotiable].
component can be extracted or utilized for a
profit. [Sec. 4, DENR AO 95-23]. Non-parous introitus. [It] means that the
patient [has] not given birth. [People v.
Non-metallic minerals. Of or pertaining to a Ramirez, Jr., GR 150079 June 10, 2004].
non-metal. In general, of mineral luster other
than metallic. Non-metals are naturally oc- Non-participating preferred shares. Corp.
curing substance that does not have metallic Law. Those that entitle the holders only to
properties such as high luster, conductivity, the stipulated preferred dividend and no
opaqueness, and ductility. Compare with more. [Diaz, Bus. Law Rev., 1991 Ed., p.
Metallic minerals.

665
249]. Compare with Participating preferred or commercial cooling, and fuel for cooking
shares. and transport. [Sec. 4, RA 9513].
Non-party participant. A person, other than a Non-privileged combatants. Intl. Law. Indi-
party or mediator, who participates in a me- viduals who take up arms or commit hostile
diation proceeding as a witness, resource acts against the enemy without belonging to
person or expert. [Sec. 3, RA 9285]. the armed forces or forming part of irregular
forces which comply with the requirements
Non-patentable inventions. (a) Discoveries,
laid down in the relevant intl. covenants.
scientific theories and mathematical meth-
They are not entitled to protection accorded
ods; (b) In the case of Drugs and medicines,
to lawful combatants under intl. law. When
mere discovery of a new form or new prop-
captured, although they are not entitled to
erty of a known substance which does not
the status of prisoner of war, they shall nev-
result in the enhancement of the efficacy of
ertheless be treated with humanity and shall
that substance; (c). Schemes, rules and
in no case be deprived of the rights to fair
methods of performing mental acts, playing
and regular trial as provided in the 1949
games or doing business, and programs for
Geneva Convention Relatives to the Treat-
computers; (d) Methods for treatment of the
ment of Civilian Persons in Time Of War.
human or animal body; (e) Plant varieties or
animal breeds or essentially biological pro- Non-project employees. Those employed by
cess for the production of plants or animals. a construction company without reference to
This provision shall not apply to micro- a particular project. [Fernandez v. NLRC,
organisms and non-biological and microbio- GR 106090. Feb. 28, 1994].
logical processes; and (f) Aesthetic crea-
Non-resident alien. An individual whose resi-
tions.
dence is not within the Phils. and who is not
Non-personal services. The term includes, a citizen thereof. [Sec. 22, NIRC, as
but is not limited to, repairing, cleaning, re- amended].
decorating, or rental of personal property
Non-resident citizen. (a) One who establish-
and furnishing of necessary repair parts or
es to the satisfaction of the Commissioner of
other supplies as part of the services per-
Internal Revenue the fact of his physical
formed. [IRR on Supply & Prop. Mgt., per
presence abroad with a definite intention to
Sec. 383, LGC].
reside thereto; (b) a citizen leaving the Phils.
Non-point source. 1. Any source of pollution during the taxable year to reside abroad, ei-
not identifiable as point source to include, ther as an immigrant or for employment on a
but not be limited to, runoff from irrigation or more or less permanent basis and contract
rainwater, which picks up pollutants from workers whose contract of employment are
farms and urban areas. 2. Pollution that renewed from time to time within or during
comes from many sources rather than from the taxable year under such circumstances
a single specific site; an example is pollution as to require them to be physically present
that reaches a body of water from streets abroad most of the time during the taxable
and storm sewers. Compare with Point- year, shall be considered as a nonresident
source. for such taxable year with respect to the in-
come he derived from foreign sources from
Non-power applications. Renewable energy
the date he actually departed from the
systems or facilities that produce mechani-
Phils.; (c) a citizen who has been previously
cal energy, combustible products such as
considered as non-resident citizen and who
methane gas, or forms of useful thermal en-
arrives in the Phils. at any time during the
ergy such as heat or steam, that are not
taxable year to reside permanently in the
used for electricity generation, but for appli-
Phils. shall likewise be treated as a non-
cations such as, but not limited to, industrial
resident citizen for the taxable year in which

666
he arrives in the Phils. with respect to his in- trade, industry, agriculture and like cham-
come derived from sources abroad until the bers, or any combination thereof.
date of his arrival in the Phils.; or (d) the
Non-stock savings and loan association. A
taxpayer shall submit proof to the Commis-
non-stock, non-profit corp. engaged in the
sioner of Internal Revenue to show his in-
business of accumulating the savings of its
tention of leaving the Phils. to reside perma-
members and using such accumulations for
nently abroad or to return to and reside in
loans to members to service the needs of
the Phils. as the case may be for purposes
households by providing long term financing
hereof. [Sec. 22, NIRC, as amended].
for home building and development and for
Non-resident foreign corporation. A foreign personal finance. [Sec. 3, RA 8367].
corp. not engaged in trade or business with-
Non-suability doctrine. The basic postulate
in the Phils. [Sec. 22, NIRC, as amended].
enshrined in the Consti. that ‗[t]he State may
Non-self-executing treaty. Intl. Law. A treaty not be sued without its consent,‘ [which] re-
that requires states parties to enact enabling flects nothing less than a recognition of the
legislation before it becomes effective do- sovereign character of the State and an ex-
mestically. press affirmation of the unwritten rule effec-
tively insulating it from the jurisdiction of
Non-self-governing territory. Intl. Law. A
courts. It is based on the very essence of
territory under the control of a colonial pow-
sovereignty. [DA v. NLRC, GR 104269, Nov.
er.
11, 1993].
Non-serious offense. An offense where the
Non-suability of the State. 1. The principle
imposable penalty for the crime committed
that a sovereign is exempt from suit, not
is not more than 6 years imprisonment.
bec. of any formal conception or obsolete
theory, but on the legal and practical ground
AM 02-1-18-SC, Nov. 24, 2009].
that there can be no legal right as against
Non-stock corporation. One where no part of the authority that makes the law on which
its income is distributable as dividends to its the right depends. [The Amer. Ins. Co. v.
members, trustees, or officers, subject to the Macondray & Co., Inc., GR L-24031. Aug.
provisions of the Corp. Code on dissolution: 19, 1967]. 2. A doctrine laid down under
Provided, That any profit which a non-stock Sec. 2, Art. XVI of the 1987 Phil. Consti.
corp. may obtain as an incident to its opera- which holds that the State may not be sued
tions shall, whenever necessary or proper, without its consent. Also known as Royal
be used for the furtherance of the purpose prerogative of dishonesty.
or purposes for which the corp. was orga-
Nonsuit. Rem. Law. 1. The termination of an
nized, subject to the provisions of [Title XI of
action which do not adjudicate issues on the
the Corp. Code]. [Sec. 87, Corp. Code].
merits. [Lim Tanhu v. Ramolete, GR L-
Non-stock corporation. Characteristics: (a) It 40098, 29 Aug. 1975]. 2. A judgment given
does not have capital stock divided into against plaintiff when he is unable to prove a
shares; and (b) No part of its income during case, or when he refuses or neglects to pro-
its existence is distributable as dividends to ceed to trial and leaves the issue undeter-
its members, trustees, or officers. mined. [Metals Eng‘g Resources Corp. v.
CA, GR 95631, 28 Oct. 1991].
Non-stock corporation. Purposes for crea-
tion: It may be formed or organized for Non-suited party. Rem. Law. A party who
charitable, religious, educational, profes- fails to appear at a pre-trial conference (and
sional, cultural, fraternal, literary, scientific, who) may be considered as in default. [Insu-
social, civic service, or similar purposes, like lar Veneer v. Plan, GR L-40155, Sep. 10,
1976].

667
Non-tax revenues. Revenues collected from Noscitur a sociis. Lat. It is known from its
sources other than compulsory tax levies. associates. 1. A rule of statutory construc-
Includes those collected in exchange for dition under which a word or phrase should be
rect services rendered by govt. agencies to interpreted in relation to, or given the same
the public, or those arising from the govt.'s meaning as, the words to which it is associ-
regulatory and investment activities. ated. [Magtajas v. Pryce Properties, GR
111097. July 20, 1994]. 2. The rule of law
Non-theatrical distribution. (a) Public show-
that holds that the meaning of a contract is
ing of long and short motion pictures
derived from reading it as a whole. Where
through the use of mobile projection equip-
parts of a contract contradict each other, a
ment not imposing admission fee; (b) show-
court must restrict the meaning of, or reject,
ing long or short motion pictures to orgs.,
the word or clause that does not adhere to
societies, clubs, groups, etc. such as films
the general meaning of the contract, namely
for children, educational, documentary, cul-
the parties' intent. Also known as the Doc-
tural, scientific, newsreel, industrial, sales,
trine of associated words.
public relations, and instructional films. [Sec.
10, PD 1986]. See Theatrical distribution. Not guilty by reason of insanity. The court
must determine that the defendant, bec. of
Non-traditional crops. Crops other than rice,
mental disease or defect, could not form the
corn, coconut and sugar. [Sec. 4, RA 7900].
intent required to commit the offense.
Nonuser. 1. A neglect to use a privilege or a
Not guilty plea. Complete denial of guilt. In
right. [Sandiganbayan v. CA, GR 118883.
criminal cases, a necessary stage of the
Jan. 16, 1998]. 2. A neglect to exercise an
proceedings required to preserve all legal
easement or an office. [Sandiganbayan v.
issues.
CA, GR 118883. Jan. 16, 1998, 6th Ed.].
Notarial. Of or relating to a notary public. 2.
Non-voting share. Corp. Law. A share without
Executed or drawn up by a notary public.
right to vote. [De Leon, Corp. Code of the
Phil. Annotated, 1989 Ed., p. 61]. Compare Notarial Act and Notarization. Any act that a
with Voting share. notary public is empowered to perform un-
der [the 2004 Rules on Notarial Practice, as
Noontime. In the local interpretation, it is any-
amended]. [Sec. 7, Rule II, AM 02-8-13-SC].
time from 9:00 am to 1:00 pm. [People v.
Ausan, GR L-49728. July 15, 1987]. Notarial Certificate. The part of, or attach-
ment to, a notarized instrument or document
Normal baseline method. Intl. Law. A method
that is completed by the notary public, bears
employed in defining the territorial sea under
the notary's signature and seal, and states
which the territorial sea is drawn from the
the facts attested to by the notary public in a
low-water mark of the coast (to the breadth
particular notarization as provided for by the
claimed) following its sinuosities and curva-
Rules. [Sec. 8, Rule II, AM 02-8-13-SC].
tures but excl. the internal waters in bays
and gulfs. [Cruz, Intl. Law Reviewer, 1996 Notarial document. A document duly
Ed., p. 63]. Compare with Straight baseline acknowledged before a notary public. It is a
method. public document. A recital in the certificate
of acknowledgment is prima facie evidence
Normal baseline. The low-water line along the
of the fact that he was such an officer. [Her-
coast as marked on large-scale charts offi-
rera, Remedial Law, Vol. VI, 1999 Ed., p.
cially recognized by the coastal state. Com-
301].
pare with Straight baseline.
Notarial Register. 1. A permanently bound
Normal hours of work. The normal hours of
book with numbered pages containing a
work of any employee shall not exceed 8 in
chronological record of notarial acts per-
a day. [Art. 83, LC].

668
formed by a notary public. [Sec. 5, Rule II, Notatu dignum. Lat. 1. Worthy of note; good
AM 02-8-13-SC]. 2. The register kept by to know. [Used in People v. Anabe, GR
every notary public wherein record shall be 179033, Sep. 6, 2010].
made of all his official acts as notary and a
Note verbale. Intl. Law. An unsigned docu-
certified copy of such record, or any part
ment which contains a resume of diplomatic
thereof shall be supplied by him to any per-
conversations. [Coquia and Santiago, Intl.
son applying for it and paying the legal fees
Law, 3rd Ed. (1998), p. 494].
therefor. [Sec. 245, Art. V, Rev. Admin.
Code]. Notice. Formal notification to the party that
has been sued in a civil case of the fact that
Notarial seal. The seal of office procured by
the lawsuit has been filed. Also, any form of
every person appointed to the position of
notification of a legal proceeding.
notary public which shall be affixed to pa-
pers officially signed by him. It shall be of Notice of appeal. Civ. Pro. An information,
metal and shall have the name of the prov- advice or announcement where the appel-
ince and the word Phils. and the notary‘s lant merely signifies that he is appealing to a
name engraved on the margin thereof, and particular court a decision or resolution ren-
the words Notary Public across the center. dered by the trial court. Compare with Rec-
[Sec. 244, Art. IV, Rev. Admin. Code]. ord on appeal.
Notarial will. Succ. A will duly acknowledged Notice of Cash Allocation (NCA). 1. Cash
by the testator and the witnesses before a authority issued by the DBM to central, re-
notary public, a public document executed gional and provincial offices and operating
and attested through the intervention of the units through the authorized government
notary public and, as such public document, servicing banks of the MDS, to cover the
evidence of the facts in clear, unequivocal cash requirements of the agencies. 2. Cash
manner therein expressed. [Gabriel- authority issued quarterly by the DBM to
Gonzalez v. CA, GR L-37453. May 25, central, regional and provincial offices and
1979]. Compare with Holographic will. operating units to cover the cash require-
ments of the agencies. 3. Cash or dis-
Notarization. Acknowledgement executed by
bursement authority that is periodically is-
a notary public and appended to a private
sued by the DBM, which issuance is based
document which converts such document in-
upon an agency‘s submission of its Monthly
to a public one and renders it admissible in
Cash Program and other required docu-
court without further proof of its authenticity
ments. It specifies the maximum amount of
and upon which courts, administrative agen-
cash that can be withdrawn from a govt.
cies and the public at large must be able to
servicing bank for the period indicated.
rely.
Notice of dishonor. Nego. Inst. 1. Notice
Notary or Notary public. 1. A public officer
given by a holder or his agent to a party or
who attests or certifies deeds and other writ-
parties secondarily liable that the instrument
ings to make them authentic and takes affi-
was dishonored by non-acceptance by the
davits, depositions, and protests of negotia-
drawee of a bill, or by non-payment by the
ble paper. [Title IV, Chap. II, Rev. Admin
acceptor of a bill, or by non-payment by the
Code]. 2. A legal officer with specific judicial
maker of a note. 2. Bringing to the
authority to attest to legal documents usu.
knowledge of the drawer or indorser of the
with an official seal.
instrument, either verbally or by writing, the
Notary Public and Notary. Any person com- fact that a specified instrument, upon proper
missioned to perform official acts under [the proceedings taken, has not been accepted
2004 Rules on Notarial Practice, as amend- or has not been paid, and that the party noti-
ed]. [Sec. 9, Rule II, AM 02-8-13-SC]. fied is expected to pay it. [State Investment

669
House, Inc. v. CA, GR 101163. Jan. 11, it signifies a deliberate act of the employee
1993]. to disregard his own personal safety. [Paez
v. WCC, GR L-18438, Mar. 30, 1963]. 2.
Notice of dishonor. Nego. Inst. Purposes for
The term is equivalent to "gross negligence"
requiring the notice: (a) To inform parties
and consists in the failure to exercise even
secondarily liable that the maker or acceptor
slight care. [Caunan v. Compania General
has failed to meet his engagement; and (b)
de Tabacos, GR L-34194 Feb. 20, 1932].
To advise them that they are required to
make payment. Notorious possession. Possession when it is
so conspicuous that it is generally known
Notice of lis pendens. A notice filed for the
and talked of by the public or the people in
purpose of warning all persons that the title
the neighborhood. [Dir. of Lands v. IAC, GR
to certain property is in litigation and that if
68946. May 22, 1992, 5th Ed., 859].
they purchase the defendant's claim to the
same, they are in danger of being bound by Notoriously undesirable. Civ. Serv. Known to
an adverse judgment. The notice is for the be constantly and flagrantly violating exist-
purpose of preserving rights of pending liti- ing rules and regulations and which acts are
gation. See Lis pendens notice. known to and looked upon with disfavor by
the community.
Notice of loss. Ins. The more or less formal
notice given the insurer by the insured or Notoriously undesirable, Test of being. Civ.
claimant under a policy of the occurrence of Serv. Whether it is common knowledge or
the loss insured against. generally known as universally believed to
be true or manifest to the world that a per-
Notice of loss. Ins. Purposes: (a) To give
son committed the acts imputed against
insurer information by which he may deter-
him, and whether he had contracted the
mine the extent of his liability; (b) To afford
habit for any of the enumerated misde-
the insurer a means of detecting any fraud
meanors. [San Luis v. CA, GR 80160. June
that may have been practiced upon him;
26, 1989].
and (c) To operate as a check upon extrav-
agant claims. Notwithstanding. In spite of, even if, without
regard to or impediment by other things.
Notice to creditors. A notice given by the
bankruptcy court to all creditors of a meeting Nova constitutio futuris formam imponere
of creditors. debet, non praeteritis. Lat. A new statute
should affect the future, not the past. The
Notifying bank. A correspondent bank which
law looks forward, not backward. [Coloso v.
assumes no liability except to notify and/or
Garilao, GR 129165, Oct. 30, 2006].
transmit to the beneficiary the existence of
the letter of credit. [Feati Bank & Trust Co. v. Novatio. Lat. To make new. [Reyes v. CA, GR
CA, GR 94209. Apr. 30, 1991]. 120817, Nov. 4, 1996].
Notorious. So conspicuous that it is generally Novatio non praesumitur. Lat. In the Roman
known and talked of by the public or the Law jurisprudence, the principle that ―nova-
people in the neighborhood. [Dir. of Lands v. tion is never presumed.‖ [Reyes v. CA, GR
IAC, GR 68946. May 22, 1992, 5th Ed., 859]. 120817. Nov. 4, 1996].
Notoriety. The principal guide in determining Novation. Civ. Law. 1. The extinguishment of
what facts may be assumed to be judicially an obligation by the substitution of that obli-
known. [State Prosecutors v. Muro, AM gation with a subsequent one, which termi-
RTJ-92-876. Sep. 19, 1994]. nates it, either by changing its object or
principal conditions or by substituting a new
Notorious negligence. 1. It is something
debtor in place of the old one, or by subro-
more than mere or contributory negligence;
gating a 3rd person to the rights of the credi-

670
tor. [Broadway Centrum v. Tropical Hut, GR Nudum pactum. Lat. 1. A contract without
79642. July 5, 1993]. 2. Any change, substi- cause or consideration. [Ocampo v. CA, GR
tution, or renewal of an obligation with the 97442. June 30, 1994]. 2. A contract-law
intention of essentially modifying the same. term which stands for those agreements
It does not operate as an absolute but only which are without consideration, such as a
as a relative extinction, bec. it creates a new unilateral undertaking, which may bind a
one in place of the old which is only modi- person morally, but not under contract law,
fied. [Diaz, Bus. Law Rev., 1991 Ed., p. 56]. in those jurisdictions which still require con-
Compare with Subrogation. sideration.
Novation. Civ. Law. Forms: (a) Expromision; Nuisance. Civ. Law. 1. Any act, omission,
and (b) delegacion. [De Cortes v. Venturan- establishment, business, condition of prop-
za, GR L-26058. Oct. 28, 1977]. erty, or anything else which: (a) injures or
endangers the health or safety of others; or
Novation. Civ. Law. Kinds: (a) Real novation
(b) annoys or offends the senses; or (c)
when the object or principal conditions are
shocks, defies or disregards decency or mo-
changed; (b) personal novation when the
rality; or (d) obstructs or interferes with the
person of the debtor is substituted and/or
free passage of any public highway or
when a 3rd person is subrogated in the
street, or any body of water; or (e) hinders
rights of the creditor; and (c) mixed novation
or impairs the use of property. [Art. 694,
when the object and the debtor or creditor,
CC]. 2. Anything that works an injury, harm,
or both the parties, are changed; it is a
or prejudice to an individual or the public,
combination of real and personal novations.
and will embrace everything that endangers
life or health, offends the human senses,
Novation. Civ. Law. Requisites: (a) There transgresses laws of decency, or obstructs,
must be a previous valid obligation; (b) there impairs, or destroys the reasonable, peace-
must be an agreement of the parties con- ful, and comfortable use of property. [Tan
cerned to a new contract; (c) there must be Chat v. Mun. of Iloilo, GR 39810. Aug. 31,
the extinguishment of the old contract; and 1934]. 3. Excessive or unlawful use of one's
(d) there must be the validity of the new con- property to the extent of unreasonable an-
tract. [Tiu Siuco v. Habana, GR 21106, Feb. noyance or inconvenience to a neighbor or
21, 1924]. to the public.
NOWA. See Negotiable order of withdrawal Nuisance per accidens. Also Nuisance in
account. fact. Civ. Law. 1. It is considered a nuisance
by reason of circumstances, location and
NPC. See National Power Corporation. surroundings. 2. One that becomes a nui-
NROV. See National Registry of Overseas sance by reason of circumstances or sur-
Voters. roundings. [Tolentino, Civ. Code of the
NTC. See National Teklecommunications
Commission. Nuisance per se. Also Nuisance at law. Civ.
Law. 1. A nuisance which affects the imme-
Nuclear materials. Uranium, plutonium, curi- diate safety of persons and property and
um and other fissionable materials. [Sec. 2, may be summarily abated under the unde-
RA 4095]. fined law of necessity. [Monteverde v. Gen-
Nuda proprietas. Lat. Naked ownership. eroso, GR 28491 Sep. 29, 1928]. 2. An act,
[Alejandro v. Geraldez, GR L-33849 Aug. occupation, or structure which is a nuisance
18, 1977]. Also called Proprietas nuda. at all times and under any circumstances,
Compare with Domino absoluto. regardless of locations or surroundings. It is
a nuisance in and of itself without regard to

671
circumstances. [Tolentino, Civ. Code of the Nunc pro tunc judgment. A judgment which
Phils., Vol. II, Repr. 2001, p. 435]. concerns itself not with the rendering of a
new judgment and the ascertainment and
Null and void. Invalid, unenforceable, having
determination of new rights, but with the
no legal force or effect. It is a popular but
placing in proper form on the record, the
redundant term.
judgment that has been previously ren-
Null and void ab initio. No legal effect what- dered, to make it speak the truth, so as to
soever and at any time. [Treasurer of the make it show what the judicial action really
Phils. V. CA, GR L-42805. Aug. 31, 1987]. was. [Lichauco v. Tan Pho, GR L-19512
Nov. 21, 1923].
Nulla poena sine lege. Stat. Con. Lat. No
penalty without a law. A legal principle re- Nuncupative. Delivered orally to witnesses
quiring that one cannot be punished for do- rather than written.
ing something that is not prohibited by law.
Nuncupative will. 1. An oral [or unwritten] will.
Nullum crimen, nulla poena sine lege. Stat. [Matias v. Alvarez, GR L-4077 Mar. 17,
Con. Lat. There is no crime when there is no 1908]. 2. An oral will declared or dictated by
law punishing it. [Evangelista v. People, GR the testator in his last sickness before a suf-
108135-36, Aug. 14, 2000]. ficient number of witnesses, and afterwards
reduced to writing.
Nullum tempus occurrit regi or Nullum
tempus occurrit reipublicae. Lat. Lapse of Nurse. 1. A [duly licensed] person [who] singly
time does not bar the right of the crown or or in collaboration with another, initiates and
lapse of time does not bar the common- performs nursing services to individuals,
wealth. The rule is now embodied in Art. families and communities in any health care
1108(4) of the Civ. Code. It is a maxim of setting. It includes, but not limited to, nursing
great antiquity in English law. The best rea- care during conception, labor, delivery, in-
son for its existence is the great public poli- fancy, childhood, toddler, preschool, school
cy of preserving public rights and property age, adolescence, adulthood, and old age.
from damage and loss through the negli- [Sec. 28, RA 9173]. 2. A person trained to
gence of public officers. [Mindanao Devt. care for the sick or infirm, esp. in a hospital.
Authority v. CA, GR L-49087. Apr. 5, 1982].
Nursery. A child-caring institution that pro-
Nullus commodum potest de injuria sua vides care for 6 or more children below 6
propia. Lat. No one should be allowed to years of age for all or part of a 24-hour day,
take advantage of his own wrong. [Villarosa except those duly licensed to offer primarily
v. HRET, GR 143351. Sep. 14, 2000]. medical and educational services. [Art. 117,
PD 603].
Nullus idoneus testis in re sua intelligitur.
Lat. No person is understood to be a com- Nursing. A profession within the health care
petent witness in his own cause. This maxim sector focused on the care of individuals,
is often seen applied while deciding the families, and communities so they may at-
competency of witnesses. It states that a tain, maintain, or recover optimal health and
person cannot be a witness in his own suit. quality of life.
[Used in US v. Soliman, GR L-11555 Jan. 6,
Nursing care. Care by a skilled nurse.
1917].
Nursing employee. Any female worker, re-
Nunc pro tunc. Lat. Now for then. The doing
gardless of employment status, who is
of something late after it should have been
breastfeeding her infant and/or young child.
done in the first place, with effect as if it had
[Sec. 3, RA 10028].
been done on time.

672
Nursing home. A private institution providing
residential accommodations with health
care, esp. for the elderly.
Nursing practice. [The practice of nursing by
a duly licensed] person [who] singly or in
collaboration with another, initiates and per-
forms nursing services to individuals, fami-
lies and communities in any health care set-
ting. It includes, but not limited to, nursing
care during conception, labor, delivery, in-
fancy, childhood, toddler, preschool, school
age, adolescence, adulthood, and old age.
[Sec. 28, RA 9173].
Nursing service. A general concept referring
to the org. and administration of nursing ac-
tivities.
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. Alt-
hough nutrients are found chiefly in foods,
some can be synthesized in the laboratory
like vitamin and mineral supplements or in
the body through biosynthesis. [Sec. 3, RA
8976].
Nutrition facts. A statement or information on
food labels indicating the nutrient(s) and the
quantity of said nutrient found or added in
the processed foods or food products. [Sec.
3, RA 8976].
Nutrition labeling. A system of describing
processed foods or food products on the
basis of their selected nutrient content. It
aims to provide accurate nutrition infor-
mation about each food. This is printed in
food labels as Nutrition Facts. [Sec. 3, RA
8976].
Nymphomania. Legal Med. The excessive
sexual desire in women. [Olarte, Legal
Med., 1st Ed. (2004), p. 115]. Compare with
Satyriasis.
Nymphomaniac. Legal Med. A woman with
abnormal sexual desires.

673
when relevant to the fact in issue, may be
-O- exhibited to, examined or viewed by the
court. [Sec. 1, Rule 130, RoC]. Also Real
Oath. 1. A religious or solemn affirmation to
evidence.
tell the truth or to take a certain action. 2. A
solemn pledge made under a sense of re- Objection. 1. The formal protest made by a
sponsibility in attestation of the truth of a party to a suit at a trial to record his disap-
statement or in verification of a statement proval of a question asked by the opposing
made. Compare with Affirmation. counsel. [Torres, Oblig. & Cont., 2000 Ed.,
p. 353]. 2. Such objections to evidence as
Oath of allegiance. An oath whereby a sub-
are made as soon as the grounds therefor
ject or citizen acknowledges a duty of alle-
become reasonably apparent. The grounds
giance and swears loyalty to the country in
for the objection must be specified. [Sec. 36,
general, or to the country‘s consti.
Rule 132, RoC]. 3. The process by which
Oath of office. An oath or affirmation a person one party takes exception to some state-
takes before undertaking the duties of ment or procedure. An objection is either
an office, usu. a position in govt. sustained (allowed) or overruled by the
judge.
Oath of reciprocity. The certificate under oath
of the authorized official of the foreign Objection overruled. A statement by a judge
corp.‘s country that allows Filipino citizens who disagrees with a formal protest raised
and corps. to do business in said country. in court during a trial.
OAV. Overseas Absentee Voting. Objection sustained. A statement by the
judge who agrees with the objection and
Obfuscate. To render obscure, unclear, or
disallows the question, testimony, or evi-
unintelligible. dence
Obfuscation. Any impulse or unreasoning Objective. 1. Of or having to do with a material
temper, a condition of mind brought about
object. 2. Having actual existence or reality.
by something unlawful and sufficient to pro-
duce the same. Objective novation. Also Real novation.
Novation through a change of the object or
Obiter dictum. Lat. A remark or opinion, by principal conditions of an existing obligation.
the way. 1. An observation by a court on a [Cochingyan, Jr. v. R & B Surety and Insur-
matter not specifically before the it or not
ance Co., GR L-47369. June 30, 1987].
necessary in determining the issue before Compare with Subjective novation.
the court; a side opinion which does not
form part of the judgment for the purposes Objective phase of felony. The result of the
of stare decisis. 2. A remark or opinion ut- acts of the execution, that is, the accom-
tered, by the way. It is a statement of the plishment of the crime. [Gregorio, Fund. of
court concerning a question which was not Crim. Law Rev., 1997 9th Ed., p. 34]. See
directly before it. [Mison v. CSC, GR 86241. Subjective phase of felony.
Aug. 8, 1989].
Obligate. 1. To bind, compel, or constrain by a
Object. 1. N. Something perceptible by one or social, legal, or moral tie. 2. To commit
more of the senses, esp. by vision or touch; money, for example, in order to fulfill an ob-
a material thing. 2. V. To present a dissent- ligation.
ing or opposing argument; raise an objec-
Obligation. Admin. Law. An amount commit-
tion.
ted to be paid by the Govt. for any lawful act
Object evidence. Those objects as evidence made by an authorized officer for and in be-
addressed to the senses of the court which, half of the Govt. [Sec. 2, Chap. 1, Book VI,
EO 292].

674
Obligation. Civ. Law. A juridical necessity to Obligations with a period. Civ. Law. Obliga-
give, to do or not to do. [Art. 1156, CC]. tions for whose fulfillment a day certain has
been fixed and shall be demandable only
Obligation. Civ. Law. Classification: (a) Pure
when that day comes. [Art. 1193, CC].
and conditional obligations; (b); obligations
with a period; (c) alternative and facultative Obligatoriness of contracts. See Obligatory
obligations; (d) joint and solidary obligations; force of contracts.
and (e) obligations with a penal clause. [Di-
Obligatory force of contracts. Also called
az, Bus. Law Rev., 1991 Ed., p. 11].
Obligatoriness of contracts. Civ. Law. 1.
Obligation. Civ. Law. Elements: (a) The vincu- The characteristic of contracts whereby ob-
lum juris or juridical tie which is the efficient ligations arising therefrom have the force of
cause established by the various sources of law bet. the contracting parties and should
obligations [law, contracts, quasi-contracts, be complied with in good faith. [Art. 1159,
delicts and quasi-delicts]; (b) the object CC]. 2. The rule that contracts shall be ob-
which is the prestation or conduct; required ligatory in whatever form they may have
to be observed (to give, to do or not to do); been entered into, provided all the essential
and (c) the subject-persons who, viewed requisites for their validity are present. Con-
from the demandability of the obligation, are tracts, once perfected, have the force of law
the active [oblige] and the passive [obligor] bet. the parties who are bound to comply
subjects. [Asuncion v. CA, GR 109125. Dec. therewith in good faith, and neither one may,
2, 1994]. without the consent of the other, renege
therefrom. [Tiu Peck v. CA, GR 104404.
Obligation budget. Programmed amount out
May 6, 1993].
of total appropriations to enable the natl.
govt. to contract delivery of goods and ser- Obligee. Civ. Law. The person who is to re-
vices in a given fiscal period. ceive the benefit of someone else's obliga-
tion; that someone else being the obligor.
Obligation or Security of the Philippines.
Also called a Creditor.
All bonds, certificates of indebtedness, natl.
bank notes, fractional notes, certificates of Obligor. Civ. Law. A person who is contractu-
deposit, bills, checks, or drafts for money, ally or legally, committed or obliged, to
drawn by or upon authorized officers of the providing something to another person; the
Phils., and other representatives of value, of recipient of the benefit being called the obli-
whatever denomination, which have been or gee. Also known as the Debtor.
may be issued under any act of the Con-
Obscene. That form of immorality which has
gress of the Phils. [Art. 166, RPC].
relation to sexual impurity. Offensive to
Obligation with a penal clause. Civ. Law. An chastity and decency; expressing or pre-
obligation to which is attached an accessory senting to the mind or view something which
undertaking to pay a previously stipulated delicacy, purity, and decency forbid to be
penalty in case of breach. [Diaz, Bus. Law exposed. [People v. Kottinger, GR 20569.
Rev., 1991 Ed., p. 31]. Oct. 29, 1923].
Obligations. 1. Liabilities legally incurred and Obscene material. Material which deals with
committed to be paid for by the govt. either sex in a manner appealing to prurient inter-
immediately or in the future. 2. All financial est. The portrayal of sex, e.g., in art, litera-
liabilities of the Corp. which are evidenced ture and scientific works, is not itself suffi-
by promissory notes, bonds, debentures, cient reason to deny material the constitu-
mortgages or any other form of indebted- tional protection of freedom of speech and
ness. [Sec. 2, RA 7354]. press. [Gonzales v. Kalaw-Katigbak, GR L-
69500. July 22, 1985].

675
Obscene publications and exhibitions. Obsession. Legal Med. A thought and impulse
Crim. Law. The felony committed by the au- which continually occur in a person‘s mind
thors of obscene literature, published with despite all attempts to keep them out. An
their knowledge in any form; the editors pub- idea constantly occurring in the conscious-
lishing such literature; and the owners or ness inspite of efforts to dive them away
operators of the establishment selling the from the mind. [Olarte, Legal Med., 1st Ed.
same, or those who, in theaters, fairs, cine- (2004), p. 149].
matographs or any other place, exhibit, in-
Obsessive compulsive disorder. Legal Med.
decent or immoral plays, scenes, acts or
A disorder characterized by the presence of
shows, whether live or in film, which are
recurrent, unwanted, intrusive ideas, images
prescribed by virtue hereof, shall include
or impulses that seem silly, weird, nasty, or
those which: (a) glorify criminals or condone
horrible (obsessions) and an urge or com-
crimes; (b) serve no other purpose but to
pulsion to do something that will relieve the
satisfy the market for violence, lust or por-
discomfort caused by an obsession. [Olarte,
nography; (c) offend any race or religion; (d)
Legal Med., 1st Ed. (2004), p. 137].
tend to abet traffic in and use of prohibited
drugs; and (e) are contrary to law, public or- Obsolete. No longer produced or used; out of
der, morals, and good customs, established date.
policies, lawful orders, decrees and edicts.
[Art. 201, RPC]. Obsolete property. A property which has lost
its efficiency either due to technological ad-
Obscenity. 1. Something offensive to chastity; vancement, change or procedure, reorg. of
decency, or delicacy. [People v. Kottinger, a department or office, or completion of a
GR 20569. Oct. 29, 1923]. 2. A publication project. [IRR on Supply & Prop. Mgt., per
which is illegal bec. it is morally corruptive. Sec. 383, LGC].
Any lewd material which had no apparent
Obstructing justice. An act which tends to
social value, which was offensive to con-
temporary community standards of decency, impede or thwart the administration of jus-
and even material which tended to invoke tice. Examples include trying to bribe a wit-
impure sexual thoughts. Any publication a ness or judge or providing law enforcement
dominant characteristic of which is the un- officers with information known to be false.
due exploitation of sex, or of sex and crime, Obstruction of justice. The offense commit-
horror, cruelty or violence. ted by any person who knowingly or willfully
Obscenity, Test of. (a) Whether the average obstructs, impedes, frustrates or delays the
apprehension of suspects and the investiga-
person, applying contemporary standards'
would find the work, taken as a whole, ap- tion and prosecution of criminal cases by
peals to the prurient interest; (b) whether the committing any of the acts enumerated in
work depicts or describes, in a patently of- Sec. 1 of PD 1829.
fensive way, sexual conduct specifically de- Obvious ungratefulness. See Abuse of con-
fined by the applicable state law; and (c) fidence.
whether the work, taken as a whole, lacks
serious literary, artistic, political, or scientific Occipital bone. A bone located at the posteri-
value. [Pita v. CA, GR 80806. Oct. 5, 1989]. or part of the skull.
Obscuridad. Sp. Darkness. See Oscuridad; Occlusio pupillae. The closure of the opening
Nighttime. in the iris of the eye by formation of an
opaque membrane. [Aguja v. GSIS, GR
Observed depreciation. See Accumulated 84846. Aug. 5, 1991].
depreciation on appraisal.
Occupancy. 1. The purpose for which a build-
ing or portion thereof is used or intended to

676
be used. [Sec. 3, RA 9514]. 2. The purpose (as in the organic solvents industry), radia-
for which a building is used or intended to tion (as in television repairmen), repeated
be used. The term shall also include the mechanical injury, emotional strain, etc.
building or room housing such use. Change [Meñez v. ECC, GR L-48488. Apr. 25,
of occupancy is not intended to include 1980].
change of tenants or proprietors. [Sec. 3, BP
Occupational group. A group of classes of
220].
positions in the same occupation or occupa-
Occupant. Any person actually occupying and tional area arranged by level of difficulty and
using a building or portions thereof by virtue responsibility. [Sec. 3, PD 985].
of a lease contract with the owner or admin-
Occupational hazard. A risk accepted as a
istrator or by permission or sufferance of the
consequence of a particular occupation.
latter. [Sec. 3, PD 1185; Sec. 3, RA 9514].
Occupational safety and health (OSH). A
Occupation. Labor. The collection of jobs
cross-disciplinary area concerned with pro-
which is sufficiently similar with regard to
tecting the safety, health and welfare of
their main task to be grouped together under
people engaged in work or employment.
a common title. [Sec. 1, Rule 1, Book 2, IRR
of LC]. Occupational therapist. A legally qualified
person licensed to practice occupational
Occupation. Prop. 1. Seizure of a corporeal
therapy under RA 5680 and who by accept-
thing, without an owner, with the intention to
ed academic training and professional clini-
acquire ownership in accordance with law.
cal experience possesses the know-ledge
2. A mode of acquiring ownership by the
and skills to achieve the objectives as de-
apprehension of a corporeal thing which has
fined and set by the occupational therapy
no owner, by a person having capacity for
profession. The occupational therapist func-
the purpose, with intent to appropriate it as
tions through the use of the basic methods,
his, and acc. to the rule established by law.
approaches and procedures of occupational
It is the taking of possession which by itself
therapy [creative, manipulative, educational,
confers ownership. [Tolentino, Civ. Code of
pre-vocatio-nal evaluation and self-care ac-
the Phils., Vol. II, Repr. 2001, p. 489].
tivities] which are designed to assess and
Occupation of real property of usurpation develop the actual and potential abilities of
of real rights in property. Crim. Law. The the individual. [Sec. 2, RA 5680].
felony committed by any person who, by
Occupational therapy technician or assis-
means of violence against or intimidation of
tant. A person who, not having acquired a
persons, shall take possession of any real
bachelor's degree in occupational therapy,
property or shall usurp any real rights in
is qualified, as determined by a bona fide
property belonging to another, in addition to
natl. professional assoc. of occupational
the penalty incurred for the acts of violence
therapists in the Phils. through in-service
executed by him. [Art. 312, RPC].
training and practical experience, to function
Occupation tax. A tax imposed on a person as an assistant to and under the direct su-
engaged in the exercise or practice of his pervision of an occupational therapist to as-
profession or calling, under Sec. 12, Local sist in rehabilitating patients in hospitals and
Tax Code (PD 231), as amended. similar institutions. [Sec. 2, RA 5680].
Occupational. Of or relating to a job or pro- Occupational therapy. A paramedical disci-
fession. pline concerned with the administration of
medically prescribed treatment, in the form
Occupational disease. A disease which de-
of supervised activity, to persons disabled
velops as a result of hazards peculiar to cer-
by disease or injury. The objective of occu-
tain occupations, due to toxic substances
pational therapy is to contribute to the de-

677
velopment of the disabled person's inde- Of record. Entered on the appropriate official
pendence, to improve his emotional, social, documents maintained by a governmental
and physical well-being and his ability to body and that are usu. available for inspec-
care for himself both at home and on the tion by the public. E.g. An attorney of record
job, and to begin early evaluations and ex- is the lawyer whose name is contained in
perimentation for future job training and em- the records of the court as the principal law-
ployment. [Sec. 2, RA 5680]. yer handling an action.
Occupy. To take possession of. Off-budget items. Any expenditure item which
is not part of the Natl. Expenditure Program.
OCD. Office of Civil Defense.
Principal repayments are considered off-
Ocean. A very large expanse of sea, in par- budget items.
ticular, each of the main areas into which
Offended party. The person against whom or
the sea is divided geographically.
against whose property, the offense was
Ocean energy systems. Energy systems committed. [Sec. 12, Rule 110, RoC].
which convert ocean or tidal current, ocean
Offender. A wrongdoer: a person who trans-
thermal gradient or wave energy into electri-
gresses moral or civil law.
cal or mechanical energy. [Sec. 4, RA
9513]. Offending the religious feelings. Crim. Law.
The felony committed by anyone who, in a
Ocean waters. All marine waters other than
place devoted to religious worship or during
the territorial sea and inland waters of the
the celebration of any religious ceremony,
Phils. and other states. [Sec. 3, PD 600].
shall perform acts notoriously offensive to
OCT. Original Certificate of Title. the feelings of the faithful. [Art. 133, RPC].
Ocular. Of or connected with the eyes or vi- Offense. Crim. Law. 1. Any act or omission
sion; visual. whether punishable under special laws or
the Rev. Penal Code, as amended. [Sec. 4,
Ocular inspection. 1. An inspection by means
RA 9344]. 2. A crime. Any act which contra-
of actual sight or viewing. [Southeastern venes the criminal law of the state in which it
Coll. v. CA, GR 126389. July 10, 1998]. 2. occurs.
Inspection of the establishment or premise
involved to help the court in clearing a Offensive trades or occupations. Any of the
doubt, reaching a conclusion, or finding the following trades or occupations: (a) Soap
truth. But it is not the main trial nor should it boiling; (b) guts cleaning; (c) boiling of offal,
exclude the presentation of other evidence bones, fat or lard; (Permissible if process is
which the parties may deem necessary to performed in a public slaughterhouse under
establish their case. It is merely an auxiliary prescribed regulations); (d) manufacturing of
remedy which the law affords the parties or glue or fertilizer; (e) skin curing; (f) scrap
the court to reach an enlightened determina- processing; (g) manure storing; (h) lime
tion of the case. [Phil. Movie Pictures Work- burning; (i) lye making; and (j) any manufac-
ers' Assoc. v. Premiere Prods., Inc., GR L- turing process in which lead, arsenic, mer-
5621. Mar. 25, 1953]. cury, phosphorous, or other poisonous sub-
stance is used. [Sec. 84, PD 856].
OEC. See Omnibus Election Code.
Offer. 1. A proposal to enter into a contract.
Of counsel. A phrase commonly applied to [Rosenstock v. Burke, GR 20732 Sep. 26,
counsel employed to assist in the prepara- 1924]. 2. In the context of Art. 1319 [of the
tion or management of the case, or its
Civ. Code, it exists] only if the contract can
presentation on appeal, but who is not the come into existence by the mere ac-
principal attorney for the party. ceptance of the offeree, without any further

678
act on the part of the offeror. Hence, the ‗of- Office. 1. Within the framework of governmen-
fer‘ must be definite, complete and inten- tal org., any major functional unit of a de-
tional. [Korean Air Co. Ltd. V. Yuson, GR partment or bureau incl. regional offices. It
170369, June 16, 2010]. 3. A proposal in- may also refer to any position held or occu-
volving one or more items in a tender. [IRR pied by individual persons, whose functions
on Supply & Prop. Mgt., per Sec. 383, LGC]. are defined by law or regulation. [Sec. 2(9),
See also Acceptance. Rev. Admin. Code of 1987]. 2. A public
charge or employment, an employment on
Offer of compromise. Evid. A proposal which
behalf of the govt. in any station or public
is tentative and any statement made in con-
trust, not merely transient, occasional or in-
nection with it which is hypothetical, the pur-
cidental. [Tejada v. Domingo, GR 91860.
pose being to buy peace and in contempla-
Jan. 13, 1992, 5th Ed., 976].
tion of mutual concessions. [People ex rel.
Dept. Public Works v. Forster (58 Cal. 2d Office for Overseas Voting (OFOV). The
257)]. Compare with Ordinary admission. office of the Comelec tasked to oversee and
supervise the effective implementation of
Offer of evidence. Evid. The statement made
the Overseas Voting Act. [Sec. 2, RA
by counsel as to what he expects to prove
10590].
through the witness. [People v. Yap, GR
103517. Feb. 9, 1994]. Compare with Office for Senior Citizens Affairs (OSCA).
Presentation of evidence. The office established in cities and munici-
palities under the Office of the Mayor head-
Offer of proof. Evid. A disclosure of the evi-
ed by a senior citizen. [Art. 5, IRR of RA
dence the offering party wishes to introduce
9994].
in the face of rejection to the admission of
said evidence. It is a better practice to at- Office of the President (OP). [It] consists of
tach to the record the exhibits which have the Office of the Pres. Proper and the agen-
been rejected. [Herrera, Remedial Law, Vol. cies under it as identified in Sec. 23, Chap.
VI, 1999 Ed., p. 342]. 8, Title II of the Admin. Code of 1987. [Sec.
Offer to compromise. It does not, in legal
contemplation, involve an admission on the Office of the President Proper. [It] shall con-
part of a defendant that he is legally liable, sist of the Private Office, the Executive Of-
not on the part of a plaintiff that his claim or fice, the Common Staff Support System,
demand is groundless or even doubtful, and the Presidential Special Assistants or
since the compromise is arrived at precisely Advisers System. [Sec. 22, Admin. Code of
with a view to avoiding further controversy 1987].
and saving the expenses of litigation. [Smith
Officer. 1. Civ. Serv. As distinguished from
Bell and Co. (Phils.), Inc. GR 56294. May
"clerk" or "employee", a person whose du-
20, 1991].
ties, not being of a clerical or manual nature,
Offering false testimony in evidence. Crim. involves the exercise of discretion in the per-
Law. The felony committed by any person formance of the functions of the govt. When
who shall knowingly offer in evidence a false used with reference to a person having au-
witness or testimony in any judicial or official thority to do a particular act or perform a
proceeding, shall be punished as guilty of particular function in the exercise of gov-
false testimony. [Art. 184, RPC]. ernmental power, "officer" includes any govt.
employee, agent or body having authority to
Off-grid systems. Electrical systems not con-
do the act or exercise that function. [Sec. 2,
nected to the wires and related facilities of
Admin. Code of 1987]. 2. Corp. Law. A natu-
the on-grid systems of the Phils. [Sec. 4, RA
ral person holding a management position
9513]. Compare with On-grid systems.
described in or contemplated by a juridical

679
entity's AOI, bylaws or equivalent docu- names of all candidates and with ovals cor-
ments, except for the corporate secretary, responding to each of the printed names.
the assistant corporate secretary and the The ovals are the spaces where voters ex-
external auditor. [Sec. 4, RA 10142]. press their choice through marking or shad-
ing using a Comelec-provided marking pen.
Officer ad interim. One appointed to fill a
[Sec. 3, Rule 1, AM 10-4-1-SC, May 4,
vacancy, or to discharge the duties of the of-
2010]. 2. The paper ballot with the pre-
fice during the absence or temporary inca-
printed names of all candidates and with
pacity of its regular incumbent [PLM v. IAC,
ovals corresponding to each of the names
GR L-65439. Nov. 13, 1985, Rev. 4th Ed.,
printed. The ovals are the spaces where
1978].
voters expresses their choice by shading
Officer breaking seal. Crim. Law. Any public with a marking pen. [The 2010 Rules of the
officer charged with the custody of papers or PET, Rule 2, AM 10-4-29-SC, May 4, 2010].
property sealed by proper authority, who
Official Device. Any device prescribed by the
shall break the seals or permit them to be
DA Sec. for use in applying any official
broken. [Art. 227, RPC].
mark. [Sec. 4, RA 9296].
Officer or Employee. A person employed in a
Official document. Any instrument issued by
govt. office or agency required to perform
the govt. or its agents or its officers having
specific duties and responsibilities related to
the authority to do so and the offices, which
the application or request submitted by a
in accordance with their creation, they are
client for processing. [Sec. 4, RA 9485].
authorized to issue. [Gregorio, Fund. of
Officer-in-charge. A person designated to an Crim. Law Rev., 1997 9th Ed., p. 450].
office in a temporary capacity. The designee
Official information. The statement made -
holds no fixed tenure and may be removed
on entries in official records - by the person
or replaced at will by the appointing authori-
who not only must have personal knowledge
ty, with or without cause, and without need
of the facts stated but must have the duty to
of notice or any form of hearing.
give such statement for the record.
Officers. The corporate officers of the GOCC
Official integrity. This includes not only
as provided in its charter or bylaws, such as
soundness of moral principle and character
the CEO, Chief Financial Officer, Chief In-
but also connotes strictness or fidelity in the
vestment Officer, Pres., Vice Pres., General
discharge of the trust reposed, like obedi-
Manager, Treasurer and Corporate Secre-
ence to the laws, legal orders and decrees
tary. [Sec. 3, RA 10149].
promulgated by the duly constituted authori-
Officers of the cooperative. [It] shall include ties. [Dizon v. Dollete, GR L-19838. June
the members of the BoD, members of the 30, 1964].
different committee created by the general
Official residences. Malacañang, and other
assembly, general manager or chief exec.
govt.-owned structures where the Pres. re-
officer, secretary, treasurer and members
sides, and other structures occupied by the
holding other positions as may be provided
Phil. Consulate or Embassies abroad. [Sec.
for in their bylaws. [Sec. 1, RA 9520].
3, RA 8491].
Official. 1. N. A person holding public office or
Official Seal or Seal. A device for affixing a
having official duties, esp. as a representa-
mark, image or impression on all papers of-
tive of an org. or govt. department. 2. Adj. Of
ficially signed by the notary public conform-
or relating to an authority or public body and
ing the requisites prescribed by [the 2004
its duties, actions, and responsibilities.
Rules on Notarial Practice, as amended.
Official ballot. 1. The paper ballot, capable of [Sec. 13, Rule II, AM 02-8-13-SC].
being optically scanned, with the pre-printed

680
Officious. 1. Assertive of authority in an an- plementation of the Provisions of the 1992
noyingly domineering way, esp. with regard Intl. Conventi0n on Civil Liability for Oil Pol-
to petty or trivial matters. 2. Intrusively en- lution Damage and the 1992 Intl. Conven-
thusiastic in offering help or advice; interfer- tion on the Establishment of an Intl. Fund for
ing. Compensation for Oil Pollution Damage,
Providing Penalties for Violations Thereof,
Officious manager. A person who voluntarily
and for Other Purposes‖ enacted on June 2,
takes charge of the agency or administration
2007.
of the business of anther, without authoriza-
tion. See Negotiorum gestor. Oja. Old term for Tax declaration.
Offshore. 1. The water, sea bottom, and sub- OJT. On the Job Training.
surface from the shore or coastline reck-
Okinam. Ilok. Vulva of your mother. [People v.
oned from the mean low tide level up to the
Balanag, GR 103225. Sep. 15, 1994].
200 nautical miles exclusive economic zone
incl. the archipelagic sea and contiguous Old growth forest. Forest predominantly
zone. [Sec. 3, RA 7942]. 2. An area situated stocked with mature trees with less than
off the shore within a zone generally consid- 25% of the mature stand volume removed
ered to extend to 3 miles. [De Castro v. by cutting.
Marcos, GR L-26093. Jan. 27, 1969, 1964
Ed., p. 1568]. Old line policy. See Ordinary life policy.
Offshore banking. The conduct of banking Old operator rule. [The rule] to the ffect that a
transactions in foreign currencies involving public utility operator should be shielded
the receipt of funds from external sources from ruinous competition by affording him
the opportunity to improve his equipment
and the utilization of such funds as provided
in PD 1034. [Sec. 1, PD 1034]. and service before allowing a new operator
to serve in the same territory he covers.
Offshore banking unit. A branch, subsidiary [Halili v. Cruz, GR L-21061, June 27, 1968].
or affiliate of a foreign banking corp. which is See Prior operator rule.
duly authorized by the Central Bank of the
Phils. to transact offshore banking business OMB. The Optical Media Board. [Sec. 3, RA
in the Phils. [Sec. 1, PD 1034]. 9239].
OFOV. See Office for Overseas Voting. Ombudsman. 1. The official mandated by law
to receive and investigate complaints rela-
OFW. See Overseas Filipino Worker. tive to public office, incl. those in GOCCs,
make appropriate recommendations, and in
Oil. 1. Any persistent hydrocarbon mineral oil
case of failure of justice as defined by law,
such as crude oil, fuel oil, heavy diesel oil
file and prosecute the corresponding crimi-
and lubricating oil, whether carried on board
nal, civil or administrative case before the
a Ship as cargo or in bunkers of such a ship.
proper court or body. 2. [The term] traces its
[Sec. 3, RA 9483]. 2. Oil of any kind or in
origins to the primitive legal order of Ger-
any form incl., but not limited to, petroleum,
manic tribes. The Swedish term, which liter-
fuel oil, sludge, oil refuse, and oil mixed with
ally means "agent" or "representative,"
wastes other than dredge spoil. [Sec. 3, PD
communicates the concept that has been
979; Sec. 3, PD 600].
carried on into the creation of the modern-
Oil company. Any entity that distributes and day ombudsman, that is, someone who acts
sells petroleum fuel products. [Sec. 3, RA as a neutral representative of ordinary citi-
9367]. zens against govt. abuses. [Gonzales III v.
OP, GR 196231, Sep. 4, 2012,].
Oil Pollution Compensation Act of 2007. RA
9483 entitled ―An Act Providing for the Im-

681
Ombudsman Act of 1989, The. RA 6770 the promise to return to court. See Recog-
entitled ―An Act providing for the functional nizance.
and structural org. of the Office of the Om-
On board bill of lading. One in which it is
budsman, and for other purposes‖ enacted
stated that the goods have been received on
on Nov. 17, 1989.
board the vessel which is to carry the goods,
Omission. Ins. A. The failure to communicate whereas a received for shipment bill of lad-
information of matters proving or tending to ing is one in which it is stated that the goods
prove the falsity of a warranty. have been received for shipment with or
without specifying the vessel by which the
Omne quod solo inadeficatur solo cedit.
goods are to be shipped. An on board bill of
Lat. Everything that is built on the soil yields
lading is issued when the goods have been
to the soil. [Roque v. Lapuz, GR L-32811.
actually placed aboard the ship with every
Mar. 31, 1980].
reasonable expectation that the shipment is
Omnia praesumuntur rite et solemniter as good as on its way. [Magellan v. CA, GR
esse acta. Lat. All things are presumed to 95529. Aug. 22, 1991]. Compare with Re-
be correctly and solemnly done. [Farolan v. ceived for shipment bill of lading.
Solmac Marketing Corp., GR 83589. Mar.
On call status. A condition when public health
13, 1991].
workers are called upon to respond to ur-
Omnia praesumuntur rite et solemniter gent or immediate need for health or medi-
esse acta donec probetur in contrarium. cal assistance or relief work during emer-
Lat. All things are presumed to have been gencies such that he/she cannot devote the
done correctly and with due formality until time for his/her own use. [Sec. 15, RA
the contrary is proved. [Gold Line Transit, 7305].
Inc. v. Ramos, GR 144813 Aug. 15, 2001].
On occasion. The phrase signifies ―because‖
Omnibus. Lat. For all; containing 2 or more or ―by reason‖ of the past performance of of-
independent matters. ficial duties, even if at the very time of the
assault no official duty was being dis-
Omnibus bill. A draft law before a legislature charged.
which contains more than one substantive
matter, or several minor matters which have On or about. A phrase used in reciting the
been combined into one bill, ostensibly for date of an occurrence or conveyance, or the
the sake of convenience. location of it to escape the necessity of be-
ing bound by the statement of an exact date
Omnibus Election Code (OEC) of the Phil- or place. Approximately; about; without sub-
ippines. BP 881 entitled ―Omnibus Election
stantial variance from; near.
Code of the Phils.‖ enacted on Dec. 3, 1985.
On probation. It connotes, a process of test-
Omnibus Investment Code of 1987, The. EO ing and observing the character or abilities
226 signed into law on July 16, 1987. of a person who is new to a role or job.
Omnibus motion. A motion attacking a plead- [Mercado v. AMA Computer Coll., GR
ing, order, judgment, or proceeding which 183572. Apr. 13, 2010].
includes all objections then available, and all On the job training. The practical work expe-
objections not so included are deemed rience through actual participation in produc-
waived. [Sec. 8, Rule 15, RoC]. tive activities given to or acquired by an ap-
On a person's own recognizance. Release prentice. [Sec. 2, Rule 6, Book 3, IRR of
of a person from custody without the pay- LC].
ment of any bail or posting of bond, upon On-arm irrigation facilities. Composite facili-
ties that permit entry of water to paddy are-

682
as and consist of farm ditches and turnouts. bulk power on the grid of the Phils. [Sec. 4,
[Sec. 4, RA 8435]. [Sec. 4, RA 8435]. RA 9513]. Compare with Off-grid systems.
Onerous. Entailing obligations that exceed Onsert. Any communication affixed to the
advantages. outside of an individual package and/or car-
ton purchased at either wholesale or retail
Onerous contract. A contract where the
by consumers, such as a brochure beneath
cause for each contracting party is the
the outer cellophane wrapping or glued to
prestation or promise of a thing or service by
the outside of the cigarette package. [Sec.
the other. [Art. 1350, CC].
4, RA 10643].
Onerous donation. One which is subject to
Onshore. The landward side from the mean
burdens, charges or future services equal
tide elevation, incl. submerged lands in
(or more) in value than that of the thing do-
lakes, rivers and creeks. [Sec. 3, RA 7942].
nated. [De Luna v. Abrigo, GR 57455. Jan.
18, 1990]. Compare with Simple donation On-site development. The process of upgrad-
or Remuneratory donation. ing and rehabilitation of blighted slum urban
areas with a view of minimizing displace-
One-subject, one-title rule. Consti. Law. The
ment of dwellers in said areas, and with pro-
Constitutional provision that requires that
visions for basic services. [Sec. 3, RA 7279].
every bill passed by the Congress shall em-
brace only one subject which shall be ex- Onus. Lat. The burden. It is usu. used in the
pressed in the title thereof. [Sec. 26. (1), Art. context of evidence. The onus of proof in
VI, 1987 Phil. Consti.]. criminal cases lies with the state. It is the
state that has the burden of proving beyond
One-subject, one-title rule. Consti. Law.
reasonable doubt. In civil cases, the onus of
Purposes: (a) To prevent Hodge-podge or
proof lies with the plaintiff who must prove
Log-rolling legislation; (b) to prevent surprise
his case by balance of probabilities.
or fraud upon the legislature by means of
provisions in bills of which the title gives no Onus probandi. Lat. Burden of proof. [Ramcar
intimation, and which might therefore be Inc. v. Garcia, GR L-16997. Apr. 25, 1962].
overlooked and carelessly and unintention-
Onward shifting. The shifting of the tax 2 or
ally adopted; and (c) to fairly apprise the
more times either forward or backward. [De
people, through such publication of legisla-
Leon, Fundamentals of Taxation, 2000 Ed.,
tive proceedings as is usu. made, of the
p. 56].
subject of legislation that is being consid-
ered, in order that they may have opportuni- Open access. The provision of allowing any
ty of being heard thereon, by petition or oth- qualified user the use of transmission,
erwise, if they shall so desire. [Phil. Judges and/or distribution system and associated
Assoc. v. Prado, GR 105371. Nov. 11, facilities subject to the payment of transmis-
1993]. sion and/or distribution retail wheeling rates
duly approved by the Energy Regulation
One-year bar rule. Labor. The rule that certifi-
Commission (ERC). [Sec. 4, RA 9136].
cation election may not be held within one
year from the date of issuance of a final cer- Open access records. (a) Public records that
tification election result. [Poquiz, Labor Rel. have been in existence for at least 30 years
Law, 1999 Ed. p. 203]. or have been transferred under the custody
and control of the executive director, and
On-grid systems. Electrical systems com-
that are classified as open access records
posed of interconnected transmission lines,
as referred to in Sec. 30 and to which public
distribution lines, substations, and related
access have not been prohibited, under
facilities for the purpose of conveyance of
Sec. 31 of RA 9470; and (b) Local govt. ar-
chives that are no longer in use, or have

683
been in existence for at least 30 years and specified time and remain a member in good
are classified as open access records re- standing.
ferred under Sec. 32, and to which public
Open space. Areas allocated for the following
access have not been prohibited, under
purposes: circulation, community facilities,
Sec. 33 of RA 9470.
park or playground, easements, and courts.
Open corporation. A corp. which is open to [Sec. 3, BP 220].
any person who may wish to become a
Open ticket. A ticket on board a ship whereby
stockholder or member thereto. [De Leon,
the passenger has not been assigned to any
Corp. Code of the Phil. Annotated, 1989
particular berth space. [Bank of America v.
Ed., p. 39]. Compare with Close corpora-
CA, GR 105395. Dec. 10, 1993].
tion.
Open-end company. An investment company
Open disobedience. Crim. Law. The felony
which is offering for sale or has outstanding
committed by any judicial or executive of-
any redeemable security of which it is the
ficer who shall openly refuse to execute the
issuer. [Sec. 5, RA 2629]. See Closed-end
judgment, decision or order of any superior
company.
authority made within the scope of the juris-
diction of the latter and issued with all the Open-end-credit plan. A consumer credit
legal formalities. [Art. 231, RPC]. extended on an account pursuant to a plan
under which: 1) the creditor may permit the
Open market operations. The most important
person to make purchase or obtain loans,
instrument of a central bank or monetary au-
from time to time, directly from the creditor
thority for controlling the supply of money
or indirectly by use of credit card, or other
and credit in the economy through the pur-
service; 2) the person has the privilege of
chase or sale of govt. securities in the open
paying the balance; or 3) a finance charge
market.
may be computed by the creditor from time
Open market support. The assistance pro- to time on an unpaid balance. [Sec. 3, RA
vided by the natl. govt. to the BSP through 8484; Art. 4, RA 7394].
the flotation of natl. govt. debt instruments,
Open-ended. Without fixed limits or re-
the proceeds of which are deposited with
strictions
the BSP. The timing and magnitude of the
flotation‘s are used to control the liquidity of Open-ended agreement. An agreement or
the financial system. contract which does not have an ending
date but which will continue for as long as
Open policy. Ins. A policy of insurance in
certain conditions, identified in the agree-
which the value of the thing insured is not
ment, exist.
agreed upon, but is left to be ascertained in
case of loss. [Sec. 60, IC]. Compare with Opening bank. The bank, usu. the buyer's
Valued policy. bank, which actually issues the letter of
credit. [Bank of America, NT & SA v. CA,
Open possession. When possession is pa-
GR 105395. Dec. 10, 1993]. Also known as
tent, visible, apparent, notorious and not
the Issuing bank.
clandestine. [Dir. of Lands v. IAC, GR
68946. May 22, 1992, 5th Ed., 983]. Opening of closed documents. Crim. Law.
The felony committed by any public officer
Open shop. Labor. A common form of union
not included in the provisions Art. 227 of the
security clause. It is an arrangement on re-
Rev. Penal Code who, without proper au-
cruitment whereby an employer may hire
thority, shall open or shall permit to be
any employee, union member or not, but the
opened any closed papers, documents or
new employee must join the union within a
objects entrusted to his custody. [Art. 228,
RPC].

684
Opening statement. The initial statement Operative fact. A fact that is directly relevant
made by attorneys for each side, outlining to deciding some question of law.
the facts each intends to establish during
Operative fact doctrine. 1. The doctrine
the trial.
wherein it is stated that a legislative or ex-
Operate. To perform work or labor; to work. ecutive act, prior to its being declared as
unconstitutional by the courts, is valid and
Operating and service income. Nontax reve-
must be complied with. [De Agbayani v.
nues generated in the exercise of the ad-
PNB, GR L-23127, Apr. 29, 1971]. 2. The
ministrative and regulatory functions by the
doctrine holding that the actual existence of
natl. govt. This includes hospital income, tui-
a statute, prior to such a determination [of
tion fees of govt. schools and admission
unconstitutionality], is an operative fact and
fees to govt. museums and parks. It also in-
may have consequences which cannot justly
cludes revenues realized by govt. agencies
be ignored. The past cannot always be
from their business undertakings called for
erased by a new judicial declaration. The ef-
by the nature of their functions, and those
fect of the subsequent ruling as to invalidity
income generated by social security agen-
may have to be considered in various as-
cies in the form of premiums earned from
pects, - with respect to particular relations,
life and non-life insurance.
individual and corporate, and particular con-
Operating expenditures. Costs incurred by duct private and official. [Serrano De
Govt. in the exercise of its administrative, Agbayani v. PNB, GR L-23127. Apr. 29,
regulatory, or service functions. 1971]. See Chicot doctrine.
Operating lease. A contract under which the Operator. 1. Local Govt. Code. The owner,
asset is not wholly amortized during the pri- manager, administrator, or any other person
mary period of the lease, and where the les- who operates or is responsible for the oper-
sor does not rely solely on the rentals during ation of a business establishment or under-
the primary period for his profits, but looks taking. [Sec. 131, RA 7160]. 2. Anti-
for the recovery of the balance of his costs Gambling Law. See Maintainer. [Sec. 2, RA
and for the rest of his profits from the sale or 9287].
release of the returned asset at the end of
OPIF. See Organizational Performance In-
the primary lease period. [Beltran v. PAIC
dicator Framework.
Finance Corp., GR 83113. May 19, 1992].
OPIF logical framework. A planning tool
Operating program. The portion of the ex-
which provides a graphical presentation of
penditure program for a given fiscal year
the linkage among societal and sectoral
used for the delivery of goods and services.
goals, organizational outcomes, major final
This includes PS, MOOE and CO.
outputs, and the programs, activities, and
Operating revenues. Receipts from the con- projects undertaken to produce or deliver
duct of regular business operations. goods and services.
Operation. A doing or performing action; Opinio juris. Lat. An opinion of law. [It] is the
work. belief that an action was carried out bec. it
was a legal obligation. This is in contrast to
Operations. Programs and corresponding an action being the result of different cogni-
expenditures which relate to the main pur- tive reaction, or behaviors that were habitual
pose for which an agency has been created. to the individual. This term is frequently
Involves direct production of goods or deliv-
used in legal proceedings such as a defense
ery of services or direct engagement in for a case.
regulations.

685
Opinio juris sive necessitates. [Used in um, preparation in which opium, morphine
Bayan Muna v. Romulo, GR 159618. Feb. 1, or any kind of opium, enter as an ingredient,
2011]. See Opinio juris sive necessitatis. and also opium leaves or wrappings of opi-
um leaves, whether prepared or not for their
Opinio juris sive necessitatis. Lat. An opin-
use. [Art. 190, RPC].
ion of law or necessity. The principle of Intl.
Law where states believe or accept that a Opium poppy. Any part of the plant of the
practice exists and must be followed bec. of species Papaver somniferum L., Papaver
a rule of law requiring it, to the extent that it setigerum DC, Papaver orientale, Papaver
becomes part of the body of norms known bracteatum and Papaver rhoeas, which in-
as Customary International Law. See cludes the seeds, straws, branches, leaves
Opinio juris. or any part thereof, or substances derived
therefrom, even for floral, decorative and
Opinion. 1. The informal expression of the
culinary purposes. [Sec 3, RA 9165].
views of the court (which) cannot prevail
against its final order or decision. (It) forms Opportunity. A favorable chance or opening
no part of the judgment. [Dayrit v. CA, GR L- offered by circumstances. [Hacienda Luisita,
29388. Dec. 28, 1970]. 2. A judge's written Inc. v. PARC, GR 171101, July 5, 2011].
explanation of a decision of the court or of a
Oppression. Civ. Serv. 1. The misdemeanor
majority of judges. A dissenting opinion dis-
committed by a public officer who, under
agrees with the majority opinion bec. of the
color of his office, wrongfully inflicts upon
reasoning and/or the principles of law on
any person any bodily harm, imprisonment
which the decision is based. A concurring
or any other injury, or an act of subjecting
opinion agrees with the decision of the court
another to cruel and unjust hardship. [Buta
but offers further comment. (A per curiam
v. Relampagos, GR 116798. Sep. 16, 1997,
opinion is an unsigned opinion of the
6th Ed., p. 1093]. 2. An act of cruelty, severi-
court.).
ty, unlawful exaction, domination or exces-
Opinion rule. Evid. The general rule that the sive use of authority. [Ochate v. Ty Deling,
opinion of a witness is not admissible, ex- GR L-13298, Mar. 30, 1959].
cept as indicated in Secs. 49 and 50 of Rule
Oppressive. Unreasonably burdensome; un-
130 of the Rules of Court. [Sec. 48, Rule
justly severe, rigorous or harsh; overpower-
130, RoC].
ing or depressing to the spirit or senses.
Opinion writer. See Ponente.
Optical media. A storage medium or device in
Opium. 1. The coagulated juice of the opium which information, incl. sounds and/or imag-
poppy (Papaver somniferum L.) and em- es, or software code, has been stored, ei-
braces every kind, class and character of ther by mastering and/or replication, which
opium, whether crude or prepared; the ash- may be accessed and read using a lens
es or refuse of the same; narcotic prepara- scanning mechanism employing a high in-
tions thereof or therefrom; morphine or any tensity light source such as a laser or any
alkaloid of opium; preparations in which opi- such other means as may be developed in
um, morphine or any alkaloid of opium en- the future. [Sec. 3, RA 9239].
ters as an ingredient; opium poppy; opium
Optical Media Board (OMB). The renamed
poppy straw; and leaves or wrappings of
Videogram Regulatory Board (VRB) man-
opium leaves, whether prepared for use or
dated to regulate the manufacture of optical
not. [Sec 3, RA 9165]. 2. It embraces every
media in all its forms and impose stiffer fines
kind, class, and character of opium, whether
and penalties for its illegal reproduction.
crude or prepared; the ashes on refuse of
the same; narcotic preparations thereof or Optima statuli interpretatix est ipsum statu-
therefrom; morphine or any alkaloid of opi- tum. Lat. The best interpreter of the statute

686
is the statute itself. [Lopez v. El Hogan Fili- or any part thereof, instead of paying the
pino, GR L-22678 Jan. 12, 1925]. amount of the loss or the damage. 2. That
clause in a fire insurance policy which gives
Optimus interpres rerum usus. Lat. Usage is
the insurer the option to rebuild the de-
the best interpreter of things.
stroyed property instead of paying the in-
Option. 1. A contract by which the owner of demnity. This clause serves to protect the
the property agrees with another person that insurer against unfair appraisals friendly to
the latter shall have the right to buy the for- the insured. [Sec. 172, IC].
mer‘s property at a fixed price within a cer-
Option warrant. Corp. Law. A stock which
tain time. It is a condition offered or contract
gives the holder the right to subscribe for or
by which the owner stipulates with another
purchase shares of the issuing corp., such
that the latter shall have the right to buy the
as common shares, at a stipulated price or
property at a fixed price within a certain
prices per share usu. within a limited time.
time, or under, or in compliance with certain
terms and conditions; or which gives to the
owner of the property the right to sell or de- Optional clause jurisdiction. Intl. Law. A
mand a sale. [Eulogio v. Apeles, GR unilateral grant of jurisdiction by a state to
167884, Jan. 20, 2009]. 2. As used in the the Intl. Court of Justice that allows the
law on sales, it is a continuing offer or con- Court to resolve disputes involving that
tract by which the owner stipulates with an- state.
other that the latter shall have the right to
Optional contract. A contract by virtue of the
buy the property at a fixed price within a cer-
terms of which the parties thereto promise
tain time, or under, or in compliance with,
and obligate themselves to enter into anoth-
certain terms and conditions, or which gives
er contract at a future time, upon the hap-
to the owner of the property the right to sell
pening of certain events or the fulfillment of
or demand a sale. It is also sometimes
certain conditions.
called an unaccepted offer. [Adelfa Proper-
ties v. CA, GR 111238. Jan. 25, 1995]. Optometrist. A person who has been certified
by the Board of Optometry and registered
Option contract. A promise which meets the
with the PRC as being qualified to practice
requirements for the formation of a contract
optometry in the Phils. [Sec. 3, RA 8050].
and limits the promisor's power to revoke an
offer. See Option. Optometry. The science and art of examining
the human eye, analyzing the ocular func-
Option money. The consideration for the op-
tion, prescribing and dispensing ophthalmic
tion period. It is separate and distinct from
lenses, prisms, contact lenses and their ac-
the purchase price. Where option money is
cessories and solutions, low vision aids, and
given, it is proof of the perfection of the op-
similar appliances and devices, conducting
tion contract. [Diaz, Bus. Law Rev., 1991
ocular exercises, vision training, orthoptics,
Ed., p. 66].
installing prosthetics, using authorized diag-
Option to purchase. A unilateral contract nostic pharmaceutical agents (DPA), and
whereby the owner agrees with the holder of other preventive or corrective measures or
the option that the latter has a right to buy procedures for the aid, correction, rehabilita-
the property acc. to the terms and conditions tion or relief of the human eye, or to attain
of the contract, constituting merely the right maximum vision and comfort. [Sec. 3, RA
to an election, the holder of which is not 8050].
bound to complete the sale.
Or. 1. A disjunctive word the use of which
Option to rebuild clause. Ins. 1. A clause signifies disassociation and independence
giving the insurer the option to reinstate or of one thing from another. [Neypes v. CA,
replace the property damaged or destroyed GR 141524, Sep. 14, 2005]. 2. The term

687
has, oftentimes, been held to mean "and," or to acknowledge the notice, fails to appear,
vice-versa, when the spirit or context of the or fails to defend the case. Also Default or-
law warrants it. [Gonzales v. Comelec, GR der or Default judgment.
L-28196. Nov. 9, 1967].
Order of default, Effect of. Civ. Pro. A party
Oral argument. Presentation of a case before in default shall be entitled to notice of sub-
a court by spoken argument; usu. with re- sequent proceedings but not to take part in
spect to a presentation of a case to an ap- the trial. [Sec. 3(a), Rule 9, RoC].
pellate court where a time limit might be set
Order of default, Relief from. Civ. Pro. A
for oral argument.
party declared in default may at any time af-
Oral defamation. Also Slander. The speaking ter notice thereof and before judgment file a
of base and defamatory words which tend to motion under oath to set aside the order of
prejudice another in his reputation, office, default upon proper showing that his failure
trade, business or means of livelihood [Vic- to answer was due to fraud, accident, mis-
torio v. CA, GR 32836-37. May 31, 1989]. take or excusable negligence and that he
has a meritorious defense. In such case, the
Oral defamation. Kinds: (a) Simple slander;
order of default may be set aside on such
and (b) Grave slander, when it is of a seri-
terms and conditions as the judge may im-
ous and insulting nature. [Villanueva v.
pose in the interest of justice. [Sec. 3(b),
People, GR 160351, Apr. 10, 2006].
Rule 9, RoC].
Oralism. Legal Med. The use of the mouth as
Order of Mediation. Rem. Law. An Order
a way of sexual gratification. [Olarte, Legal
issued by the trial court, after determining
Med., 1st Ed. (2004), p. 115].
the possibility of an amicable settlement or
Orden ng Gawad Pambansang Alagad ng of a submission to alternative modes of dis-
Sining. See Order of National Artists. pute resolution, referring the case to the
specially trained family mediators at the Phil.
Order. 1. A formal written direction given by a
Mediation Center (PMC) Unit for mediation
member of the judiciary. A court decision and directing the parties to proceed immedi-
without reasons. 2. A mandate, command, ately to the PMC Unit. [Rule 2, AM 10-4-16-
or direction authoritatively given. 3. Direction SC].
of a court or judge made in writing.
Order of National Artists or Orden ng
Order of a court. A formal direction of a court
Gawad Pambansang Alagad ng Sining.
of competent jurisdiction requiring that a cer- The highest natl. recognition given to Filipi-
tain act be performed or restrained. [Torres, no individuals who have made significant
Oblig. & Cont., 2000 Ed., p. 353].
contributions to the development of Phil.
Order of Battle. A document made by the arts; namely, Music, Dance, Theater, Visual
military, police or any law enforcement Arts, Literature, Film and Broadcast Arts,
agency of the govt., listing the names of and Architecture and Allied Arts. [It] is jointly
persons and orgs. that it perceives to be en- administered by the Natl. Commission for
emies of the State and which it considers as Culture and the Arts (NCCA) and Cultural
legitimate targets as combatants that it Center of the Phils. (CCP) and conferred by
could deal with, through the use of means the Pres. of the Phils. upon recommendation
allowed by domestic and intl. law. [Sec. 3, by both institutions.
RA 10353; Sec. 3, RA 9745]. Ordinance. Local Govt. 1. Legislative acts
Order of default. An order (or judgment) is- passed by the municipal council in the exer-
sued by a court in favor of the plaintiff in a cise of its lawmaking authority. [Mascuñana
case in which the defendant fails to defend v. Prov. Board of Negros Occ., GR L-27013.
his case. [It] can occur if the defendant fails Oct. 18, 1977]. 2. A rule established by au-

688
thority; may be a municipal statute of a city Dept. Public Works v. Forster (58 Cal. 2d
council, regulating such matters as zoning, 257)]. Compare with Offer of compromise.
building, safety, matters of municipality, etc.
Ordinary asset. All properties specifically
Compare with Resolution.
excluded from the definition of capital assets
Ordinance. Local Govt. Requisites for validity: under Sec. 39 (A) (1) of the NIRC.
A municipal ordinance (a) must not contra-
Ordinary care. Such care as an ordinary pru-
vene the Consti. or any statute (b) must not
dent person would exercise under a particu-
be unfair or oppressive (c) must not be par-
lar case to avoid injury.
tial or discriminatory (d) must not prohibit but
may regulate trade (e) must be general and Ordinary civil action. An action where a party
consistent with public policy, and (f) must sues another for the enforcement or protec-
not be unreasonable. [Tatel v. Mun. of Virac, tion of a right, or the prevention or redress of
GR L-40243. Mar. 11, 1992]. a wrong. [Reyes v. Enriquez, GR 162956,
Apr. 10, 2008].
Ordinary. With no special or distinctive fea-
tures; normal. Ordinary civil action, Basis of. Every ordi-
nary civil action must be based on a cause
Ordinary acquisitive prescription. 1. This
of action. [Sec. 1, Rule 2, RoC].
requires possession of things in good faith
and with just title during the time fixed by Ordinary coral. All kinds of coral other than
law. The good faith of the possessor con- precious and semi-precious corals. [Sec. 3,
sists in the reasonable belief that the person PD 1219].
from whom he received the thing was the
owner thereof and could transmit his owner- Ordinary course of business. Transactions
in the pursuit of the individual debtor's or
ship. For the purpose of prescription, there
is just title when the adverse claimant came debtor's business operations prior to rehabil-
into possession of the property through one itation or insolvency proceedings and on or-
dinary business terms. [Sec. 4, RA 10142].
of the modes recognized by law for the ac-
quisition of ownership or other real rights, Ordinary expenses. Taxation. It connotes a
but the grantor was not the owner or could payment which is normal in relation to the
not transmit any right. It is well-settled that business of the taxpayer and the surround-
possession, to constitute the foundation of a ing circumstances. [Martens, Law of Feder-
prescriptive right, must be adverse and unal, Income Taxation, Vol. IV, p. 316]. The
der a claim of title. Possession by license or term Ordinary does not require that the
mere tolerance does not give rise to acquisi- payments be habitual or normal in the sense
tive prescription. [Sapu-an v. CA, GR 91869. that the same taxpayer will have to make
Oct. 19, 1992; Art. 1134, CC]. 2. Ordinary them often; the payment may be unique or
acquisitive prescription of dominion requires non-recurring to the particular taxpayer af-
that there be public, peaceful and uninter- fected. [Atlas Consolidated Mining & Devt.
rupted possession in the concept of owner Corp. v. CIR, GR L-26911. Jan. 27, 1981].
for a period of 10 years. [Borillo v. CA, GR Compare with Necessary expenses.
55691. May 21, 1992].
Ordinary income. Any gain from the sale or
Ordinary admission. Evid. An admission the exchange of property which is not a capital
intention of which is apparently to admit lia- asset or property. [Sec. 22 NIRC, as
bility and seek to buy or secure relief against amended].
a liability recognized as such, or if the party
making the proposal apparently intended to Ordinary jurisdiction. Jurisdiction attached by
make no concession but to exact all that he law to an office. [Roman Catholic Apostolic
deemed himself entitled to. [People ex rel. Administrator of Davao, Inc. v. Land Regis-
tration Commission, GR L-8451. Dec. 20,

689
1957]. Compare with Delegated jurisdic- shall be issued by the mines regional direc-
tion. tor who has jurisdiction over the area where
the ores were extracted. [Sec. 53, RA 7942].
Ordinary legislative power. Pol. Law. The
power to pass ordinary laws. [Suarez, Pol. Organ. From Gr. organon: tool or instrument.
Law Reviewer, 1st Ed., 2002, p. 284]. An agency that carries on specific functions
within a larger org.
Ordinary life, General life or Old line policy.
A life insurance policy where the insured Organ bank storage facility. A facility li-
pays a premium every year until he dies. censed, accredited or approved under the
Surrender value after 3 years. law for storage of human bodies or parts
Ordinary loss. Any loss from the sale or ex-
change of property which is not a capital as- Organ donation. The donation of a biological
set. [Sec. 22 NIRC, as amended]. tissue or an organ of the human body from a
living or dead person to a living recipient in
Ordinary purchaser. A purchaser accus-
need of a transplantation.
tomed to buy, and therefore to some extent
familiar with, the goods in question. [Dy Organ Donation Act of 1991. RA 7170 enti-
Buncio v. Tan Tiao Bok, GR L-16397 Oct. 3, tled ―An Act authorizing the legacy or dona-
1921]. tion of all or part of a human body after
death for specified purposes‖ enacted on
Ordinary repairs. Such repairs as are re-
Jan. 7, 1992.
quired by the wear and tear due to the natu-
ral use of the thing and are indispensable for Organ rape. See Penile rape.
its preservation. Should the usufructuary fail
Organ transplant. An operation moving an
to make them after demand by the owner,
organ from one organism (the donor) to an-
the latter may make them at the expense of
other (the recipient).
the usufructuary. [Art. 592, CC].
Organic. The particular farming and pro-
Ordinary will. Also Attested will. A will the
cessing system, described in the standards
execution of which is governed by Arts. 804
and not in the classical chemical sense. The
to 809 of the Civ. Code. [Caneda v. CA, GR
term "organic" is synonymous in other lan-
103554. May 28, 1993].
guages to "biological" or "ecological". It is
Ordnance. Military materiel, such as weapons, also a labeling term that denotes products
ammunition, combat vehicles, and equip- considered organic based on the Phil. Natl.
ment. Standards for organic agriculture. [Sec. 3,
RA 10068].
Ore. 1. A naturally occurring substance or
material from which a mineral or element Organic Agriculture Act of 2010. RA 10068
can be mined and/or processed for profit. entitled ―An Act Providing for the Develop-
[Sec. 3, RA 7942]. 2. A mineral or aggregate ment and Promotion Of Organic Agriculture
of minerals which contain sufficient grade In the Phils. and for Other Purposes‖ enact-
and quantity to be mined and beneficiated at ed on Apr. 6, 2010.
a profit. The mineral or rock can be further
Organic agriculture. [This] includes all agri-
described depending on the major element
cultural systems that promote the ecologi-
contained e.g., copper ore, gold ore, chro-
cally sound, socially acceptable, economi-
mite ore, etc.
cally viable and technically feasible produc-
Ore transport permit. The permit specifying tion of food and fibers. Organic agricultural
the origin and quantity of non-processed dramatically reduces external inputs by re-
mineral ores or minerals which shall be refraining from the use of chemical fertilizers,
quired for their transport. Transport permits pesticides and pharmaceuticals. It also co-

690
vers areas such as, but not limited to, soil Organizational Performance Indicator
fertility management, varietal breeding and Framework (OPIF). An approach to ex-
selection under chemical and pesticide-free penditure management that directs re-
conditions, the use of biotechnology and sources towards results or major final out-
other cultural practices that are consistent puts and measures agency performance by
with the principles and policies of RA 10068, key quality and quantity indicators.
and enhance productivity without destroying
Organized establishment. A firm or company
the soil and harming farmers, consumers
where there is a recognized or certified ex-
and the environment as defined by the Intl.
clusive bargaining agent. [Sec. 1, Rule 1,
Federation of Organic Agricultural Move-
Book 5, IRR of LC].
ment (IFOAM): Provided, That the biotech-
nology herein to shall not include genetically Organized or Syndicated crime group. 1. A
modified organisms of GMOs. [Sec. 3, RA group of 2 or more persons collaborating,
10068]. confederating or mutually helping one an-
other in the commission of any organized or
Organic food establishment. An entity,
syndicated crime. [Sec. 1, PD 1731]. 2. A
whether local or foreign, that produces in-
group of 2 or more persons collaborating,
puts acceptable for organic agriculture.
confederating or mutually helping one an-
[Sec. 3, RA 10068].
other for purposes of gain in the commission
Organic peroxide. A strong oxidizing organic of any crime. [People v. Esparas, GR
compound which releases oxygen readily. it 120034. July 10, 1998].
causes fire when in contact with combustible
Organized or syndicated crime. Any crime
materials esp. under conditions of high tem-
committed by an organized or syndicated
perature. [Sec. 3, PD 1185; Sec. 3, RA
crime group, incl., but not limited to, arson,
9514].
robbery (hold-up), kidnapping for ransom,
Organic production system. A system de- prostitution, illegal recruitment, carnapping,
signed to: (1) enhance biological diversity smuggling and piracy, cattle rustling, illicit
within the whole system; (2) increase soil drug trafficking, labor rackets, land title
biological activity; (3) maintain long-term soil rackets, manufacture and/or circulation of
fertility; (4) recycle wastes of plant and ani- fake documents, license, stamps, curren-
mal origin in order to return nutrients to the cies, and other govt. forms, counterfeiting
land, thus minimizing the use of nonrenew- and bank frauds, consumer frauds and other
able resources; (5) rely on renewable re- illegal activities of such groups. [Sec. 1, PD
sources in locally organized agricultural sys- 1731].
tem; (6) promote the healthy use of soil, wa-
Orgasm. Legal Med. The peak or climax of
ter and air as well as minimize all forms of
sexual excitement. In men, semen ejacu-
pollution thereto that may result from agri-
lates from the penis and in women, the
cultural practices; (7) develop and promote
muscles surrounding the vagina contracts
the use of biotechnology in agriculture; (8)
rhythmically. At orgasm, both men and
handle agricultural products with emphasis
women experience increased muscle turgor
on careful processing methods in order to
throughout the body and contractions of the
maintain the organic integrity and vital quali-
pelvic muscles that peak to a most pleasur-
ties of the product at all stages; and (9) be-
able mental and physical gratification.
come established on any existing farm
through a period of convention, the appro-
priate length of which is determined by site- Origin. The beginning of something's exist-
specific factors such as the history of the ence.
land, and type of crops and livestock to be
produced. [Sec. 3, RA 10068]. Origin of the property. Succ. In reserva tron-
cal, the person - who should be an ascend-

691
ant, brother or sister - from whom the de- Originality. Intel. Prop. Elements: (a) The
scendant-propositus acquired the property. work is independently created by the author,
[Jurado, Comments & Jurisp. on Succ., and (b) It possesses some minimal degree
1991 8th Ed., p. 255]. of creativity.
Original. Preceding all others in time; first. Originate. To come into being; begin; to start.
Original appointment. Civ. Serv. The initial
Aug. 25, 1994].
entry into the career service of persons who
meet all the requirements of the posi- Originator. 1. The person or entity which was
tion. [Sec. 4(a), Rule II, 1998 CSC Omnibus the orig. obligee of the assets, such as fi-
Rules on Appointments and Other Person- nancial institution that grants a loan or a
nel Actions]. corp. in the books of which the Assets were
created in accordance with the plan for se-
Original cost. For newly acquired machinery
curitization as approved by the SEC. [Sec.
not yet depreciated and appraised within the
3, RA 9267]. 2. A person by whom, or on
year of its purchase, the actual cost of the
whose behalf, the electronic document pur-
machinery to its present owner (plus the
ports to have been created, generated
cost of transportation, handling and installa-
and/or sent. The term does not include a
tion at the present site). [Sec. 3, PD 464].
person acting as an intermediary with re-
Original jurisdiction. 1. The power of the spect to that electronic document. [Sec. 5,
Court to take judicial cognizance of a case RA 8792].
instituted for judicial action for the 1st time
Orphan. A person who has lost one or both of
under conditions provided by law. [Garcia v.
his natural parents.
De Jesus, GR 88158. Mar. 4, 1992]. 2. Ju-
risdiction to take cognizance of a cause at OSCA. See Office for Senior Citizens Af-
its inception, try it and pass judgment upon fairs.
the law and facts. [Ong v. Parel, GR 76710.
Oscuridad. Sp. Night time; middle of the night.
Dec. 21, 1987, pp. 673 and 1251]. Compare
See also Nighttime.
with Appellate jurisdiction.
OSH. See Occupational safety and health.
Original legislative power. 1. Power pos-
sessed by the sovereign people. [Garcia v. Ostensible. Apparent; visible; exhibited.
Comelec, GR 111230. Sep. 30, 1994]. 2.
Ostensible act. The contract that the parties
Power belonging to the sovereign people
which is supreme. [Suarez, Stat. Con., pretend to have executed. [Villegas v. Rural
(1993), p. 52]. Compare with Derivative Bank of Tanjay, Inc., GR 161407, June 5,
2009]. Compare with Hidden act.
legislative power.
Original sale. The 1st sale by every manufac- Ostensible agency doctrine. A legal doctrine
turer, producer or importer. [Sec, 5, CA that is used to hold someone [the ―principal‖]
503]. liable for the acts of a 3rd party [the ―agent‖]
bec. the 3rd party looks like the agent of that
Original title. An orig. acquisition with the right person. See Ostensible authority doc-
thus acquired to the thing becoming proper- trine.
ty, which must be unqualified and unlimited,
and since no one but the occupant has any Ostensible agent. A person who has been
right to the thing, he must have the whole given the appearance of being an employee
right of disposing of it. or acting [an agent] for another [principal],
which would make anyone dealing with the
Originality. Intel. Prop. Creative effort invest- ostensible agent reasonably believe he/she
ed by an author into raw materials that gives was an employee or agent.
them a new quality or character.

692
Ostensible authority. The power that a prin- Other inhumane acts of a similar character
cipal, either by design or through the ab- intentionally causing great suffering, or seri-
sence of ordinary care, permits others to be- ous injury to body or to mental or physical
lieve his or her agent possesses. health. [Sec. 6, RA 9851].
Ostensible authority doctrine. Also known Other cruel, inhuman and degrading treat-
as Apparent authority doctrine. The doc- ment or punishment. A deliberate and ag-
trine holding that if a corp. knowingly permits gravated treatment or punishment not enu-
one of its officers, or any other agent, to do merated under Sec. 4 of RA 9745, inflicted
acts within the scope of an apparent authori- by a person in authority or agent of a person
ty, and thus holds him out to the public as in authority against a person under his/her
possessing power to do those acts, the custody, which attains a level of severity
corp. will, as against any one who has in causing suffering, gross humiliation or de-
good faith dealt with the corp. through such basement to the latter. [Sec. 3, RA 9745].
agent, be estopped from denying his author-
Other deceits. Crim. Law. The felony commit-
ity [Prudential Bank v. CA, GR 103957, June
ted by any person who shall defraud or
14, 1993].
damage another by any other deceit not
Osteoarthritis. A disease characterized by mentioned in Art. 317 of the Rev. Penal
thinning or degeneration of cartilage and of Code; or by any person who, for profit or
bone in some parts of the joint. It is a part of gain, shall interpret dreams, make forecasts,
the ageing process of the people afflicted tell fortunes, or take advantage of the credu-
with it. lity of the public in any other similar manner.
[Art. 318, RPC].
Other assets. Investments or intangible as-
sets, such as cash on hand or in bank, ne- Other purposes. The phrase appended to the
gotiable instruments, securities, stocks and title of a law referring to such purposes as
bonds. [CSC‘s Guidelines on the use of the are merely subordinate to and cognate with
rev. SALN form]. the general subject therein expressed.
Other crimes against humanity. Any of the Other Self-earning Individuals. Health Ins.
following acts when committed as part of a Individuals who render services or sell
widespread or systematic attack directed goods as a means of livelihood outside of an
against any civilian population, with employer-employee relationship, or as a ca-
knowledge of the attack: (a) Willful killing; reer, but do not belong to the informal sec-
(b) Extermination; (c) Enslavement; (d) Arbi- tor. These include businessmen, entrepre-
trary deportation or forcible transfer of popu- neurs, actors, actresses and other perform-
lation; (e) Imprisonment or other severe ers, news correspondents, professional ath-
deprivation of physical liberty in violation of letes, coaches, trainers, and other individu-
fundamental rules of intl. law; (f) Torture; (g) als as recognized by the DOLE and/or the
Rape, sexual slavery, enforced prostitution, BIR. [Sec. 3, RA 10606].
forced pregnancy, enforced sterilization, or
Ought. A verb synonymous to the auxiliary
any other form of sexual violence of compa-
verb ―should.‖
rable gravity; (h) Persecution against any
identifiable group or collectivity on political, Ounce. Troy ounce which is 1/12 part of a
racial, natl., ethnic, cultural, religious, gen- pound of 5.760 grains, or 480 grains of
der, sexual orientation or other grounds that 31.1035 grams. [Sec. 1, RA 6364].
are universally recognized as impermissible
under intl. law, in connection with any act re- Outer space. Intl. Law. 1. Considered as res
ferred to in this par. or any crime defined in communes, the rules governing the high
seas apply to it. States have the right to
RA 9851; (i) Enforced or involuntary disap-
pearance of persons; (j) Apartheid; and (k) launch satellites in orbit over the territorial

693
airspace of other state. [Sandoval, Pol. Law Outsource. 1. To obtain [oods or a service
Reviewer 2003]. 2. The universe and its ce- from an outside supplier, esp. in place of an
lestial bodies above and beyond the earth's internal source. 2. To contract a work out.
atmosphere.
Outsource entity. Any accredited 3rd party
Outer space treaty. Intl. Law. 1. The outer provider to whom the Credit Information
space is free for exploration and use by all Corp. may outsource the processing and
states; it cannot be annexed by any state; consolidation of basic credit data pertaining
and it may be used exclusively for peaceful to a borrower or issuer of debt or convertible
purposes. Thus, nuclear weapons of mass securities under such qualifications, criteria
destruction may not be placed in orbit and strict confidentiality guidelines that the
around the earth. [Sandoval, Pol. Law Re- Corp. shall prescribe and duly publish. [Sec.
viewer 2003]. 2. Treaty on principles govern- 3, RA 9510].
ing the activities of states in the exploration
Outstanding. That stands out; undischarged;
and use of outer space incl. the moon and
uncollected; not paid.
other celestial bodies.
Outstanding balance. 1. The amount of mon-
Out-of-court identification. Identification
ey owed, [or due], that remains in a deposit
conducted by the police in various ways. It is
account [or a loan account] at a given date,
done thru show-ups where the suspect
after all past remittances, payments and
alone is brought face to face with the wit-
withdrawal have been accounted for. 2. The
ness for identification. It is done thru mug
amount of money that one still owes on a
shots where photographs are shown to the
loan as of Dec. 31 of the preceding calendar
witness to identify the suspect. It is also
year. [CSC‘s Guidelines on the use of the
done thru line-ups where a witness identifies
rev. SALN form].
the suspect from a group of persons lined
up for the purpose. [People v. Teehankee, Outstanding capital stock. Corp. Law. 1. The
GR 111206-08. Oct. 6, 1995]. portion of the capital stock which is issued
and held by persons other than the corp. it-
Out-of-court settlement. An agreement bet. 2
self. [De Leon, Corp. Code of the Phil. An-
litigants to settle a matter privately before
notated, 1989 Ed., p. 53]. 2. The total
the Court has rendered its decision.
shares of stock issued to subscribers or
Out-patient Services. Health Ins. Health ser- stockholders, whether or not fully or partially
vices such as diagnostic consultation, exam- paid (as long as there is a binding subscrip-
ination, treatment, surgery and rehabilitation tion agreement), except treasury shares.
on an out-patient basis. [Sec. 3, RA 10606]. [Sec. 137, Corp. Code]. Also Issued capital
stock.
Output tax. The value-added tax due on the
sale or lease of taxable goods or properties Outstanding checks or Check floats.
or services by any person registered or re- Checks issued by agencies (in the current or
quired to register under Sec. 236 of the previous year) which are not yet presented
NIRC. [Sec. 110, NIRC, as amended]. by the payee to the bank for payment.
Compare with Input tax.
Outstanding debt. Unpaid obligations.
Outside-of-the-freedom-period rule. Labor.
Outstanding shares. Stocks currently held by
The rule that a petition filed before or after
investors, incl. restricted shares owned by
the 60-day freedom period shall be dis-
the company's officers and insiders, as well
missed outright. [Liberty Commercial Cen-
as those held by the public.
ter, Inc. v. Calleja, GR 81269. July 19,
1989]. Overbreadth. A term used to describe a stat-
ute that prohibits certain behavior, but in so

694
doing also restricts or inhibits behavior that Overpricing. The sale of petroleum and/or
is constitutionally guaranteed. petroleum products at prices in excess of
those duly authorized by the Govt. [Sec.2,
Overbreadth doctrine. Consti. Law. 1. The
PD 1865; Sec. 3, BP 33].
doctrine that states that the law is unconsti-
tutional if it is too broad, that it an ordinary Override of a veto. The process by which
man could not readily distinguish or know each chamber of Congress votes on a bill
whether he violated the law or not. 2. An vetoed by the Pres. To pass a bill over the
analytical tool developed for testing "on their President's objections requires a 2/3 vote in
faces" statutes in free speech cases, also each house.
known under the Amer. Law as First
Overrule. A judge's decision not to allow an
Amendment cases. [Concurring Op. of J.
objection. Also, a decision by a higher court
Mendoza in Estrada v. Sandiganbayan, GR
finding that a lower court decision was in er-
148560, Nov. 19, 2001]. Compare with Void
ror.
for vagueness doctrine.
Overrun. An excess over the quantity ordered.
Overdraft. The act of checking out more mon-
[IRR on Supply & Prop. Mgt., per Sec. 383,
ey than one has on deposit in a bank, and it
LGC].
may be either a legitimate method of bor-
rowing the money or an illegitimate and Overseas. From, to, or relating to a foreign
criminal method of obtaining it through the country, esp. one across the sea.
connivance of the person from whom it is
obtained. Overseas absentee voter. A citizen of the
Phils. who is qualified to register and vote
Overhauling. The cleaning or repairing of the under RA 9189, not otherwise disqualified
whole engine of a motor vehicle by separat- by law, who is abroad on the day of elec-
ing the motor engine and its parts from the tions. [Sec. 3, RA 9189].
body of the motor vehicle. [Sec. 2, RA
Overseas absentee voters, Certified list of.
6539].
The list of registered overseas absentee
Over-insurance. Ins. 1. It results when the voters whose applications to vote in absen-
insured insures the same property for an tia have been approved by the Commission
amount greater than the value of the proper- on Election (COMELEC), said list to be pre-
ty with the same insurance company. 2. It pared by the Committee on Absentee Voting
occurs whenever the insured obtains a poli- of the Commission, on a country-by-country
cy in an amount exceeding the value of his basis. [Sec. 3, RA 9189].
insurable interest.
Overseas Absentee Voting Act of 2003,
Overissued shares. Corp. Law. Those issued The. RA 9189 entitled ―An Act Providing for
beyond the authorized capital stock and a System of Overseas Absentee Voting By
considered void. [Diaz, Bus. Law Rev., 1991 Qualified Citizens of the Phils. Abroad, Ap-
Ed., p. 250]. propriating Funds Therefor, and for Other
Purposes‖ enacted on Feb. 13, 2003.
Over-issued stock. A stock issued in excess
of the authorized capital stock; it is null and Overseas employment. 1. Employment of a
void. worker outside the Phils., incl. employment
on board vessels plying intl. waters, covered
Overloading. The use of one or more electri-
by a valid contract. [Eastern Shipping Lines
cal appliances or devices which draw or
v. POEA, GR L-76633. Oct. 18, 1988].
consume electrical current beyond the de-
signed capacity of the existing electrical sys- Overseas Filipino investor. An individual
tem. [Sec. 3, PD 1185; Sec. 3, RA 9514]. citizen of the Phils. who is working abroad,
incl. one who has retained or reacquired his

695
Phil. citizenship under RA 9225, otherwise Overtime. Time in addition to what is normal,
known as the "Citizenship Retention and esp. time worked beyond one's scheduled
Re-acquisition Act of 2003.‖ [Sec. 3, RA working hours.
9856].
Overtime pay. The additional compensation
Overseas Filipino worker (OFW). A person payable to employee for services or work
who is to be engaged, is engaged or has rendered beyond the normal eight hours of
been engaged in a remunerated activity in a work. It is computed by multiplying the over-
state of which he or she is not a citizen or on time rate with the number of hours in excess
board a vessel navigating the foreign seas of the regular eight hours of work.
other than a govt. ship used for military or
Overtime work. Work performed beyond 8
non-commercial purposes or on an installa-
hours a day, provided that the employee is
tion located offshore or on the high seas; to
paid for the overtime work an additional
be used interchangeably with migrant work-
compensation equivalent to his regular
er. [Sec. 2, RA 10022].
wage plus at least 25% thereof. Work per-
Overseas Filipinos. Migrant, workers, other formed beyond 8 hours on a holiday or rest
Filipino nationals and their dependents day shall be paid an additional compensa-
abroad. [Sec. 2, IRR, RA 8042]. tion equivalent to the rate for the 1st 8 hours
on a holiday or rest day plus at least 30%
Overseas project. A construction or consul-
thereof. [Art. 87, LC].
tancy project undertaken or will be under-
taken by a contractor outside the territorial Oviparous. A condition in which the vagina
boundaries of the Rep. of the Phils., and which had just delivered a baby leaves the
paid for in acceptable or freely convertible vaginal barrel loose. The entry of a penis will
foreign currency. [Sec. 3, PD 1167]. leave no significant trace. [People v.
Bacalso, GR 94531-32. June 22, 1992].
Overseas Voter. A citizen of the Phis. who is
qualified to register and vote under RA Own damage. Ins. Damage to the insured's
10590, not otherwise disqualified by law, own vehicle.
who is abroad on the day of elections. [Sec.
Own damage clause. Ins. A clause in an au-
2, RA 10590].
tomobile insurance policy which covers the
Overseas Voting. The process by which quali- risks insured against, namely: (a) damage or
fied citizens of the Phils. abroad exercise loss caused by accident or fortuitous events;
their right to vote. [Sec. 2, RA 10590]. and (b) that caused by malicious or inten-
tional act committed by 3rd persons.
Overt. Done or shown openly; plainly or readi-
ly apparent, not secret or hidden. Owner. 1. The person who holds the legal
right of possession or title to a building or
Overt act. 1. Every act, movement, deed and
real property. [Sec. 3, RA 9514]. 2. The per-
word of a person indicating intent to accom-
son registered as the owner of the ship or, in
plish a criminal objective. [Umil v. Ramos,
the absence of registration, the person or
GR 81567. July 9, 1990]. 2. An outward act
persons owning the ship. However, in case
done in pursuance and manifestation of a
of a ship owned by a State and operated by
criminal intent or design. [Gregorio, Fund. of
a company which in that State is registered
as the ship‘s operator, "Owner" shall mean
Overtaking. Passing another vehicle proceed- such company. [Sec. 3, RA 9483]. 3, Any
ing on the same direction. [Sec. 41(a), RA person keeping, harboring or having charge,
4136]. care or control of a dog incl. his/her repre-
sentative. [Sec. 3, RA 9482].

696
Owner or Lessor. 1. [It] shall include the quired by means of prescription. [Art. 712,
owner or administrator or agent of the owner CC].
of the residential unit. [Sec. 3, RA 9653]. 2.
Ownership interest. The ownership interest of
The owner or administrator or agent of the
3rd parties in property held by the debtor,
owner of the residential unit. [Sec. 2, BP 25;
incl. those covered by trust receipts or as-
Sec.4, RA 9161]. 3. The person who holds
signments of receivables. [Sec. 4, RA
the legal right of possession or title to a
10142].
building or real property. [Sec. 3, PD 1185].
Ownership Manuals. Guidelines and rules
Owner pro hac vice. Mar. Ins. The charterer
pertaining to the ownership by the State or
is considered the owner of the vessel for the
corps. and enterprises or the exercise of
voyage or service stipulated. The charterer
such ownership governing the GOCCs or
and not theowner of the vessel is liable for
any classification thereof. [Sec. 3, RA
vessel‘s expenses, incl. seaman‘s wages.
10149].
Owner-cultivators. Natural persons who own
Oxidize. Combine or become combined chem-
lands by purchase, inheritance, or land dis-
ically with oxygen.
tribution by the State. Owner-cultivators can
operate the farm themselves, supervise Oxidizing material. A material that readily
wage labor or delegate operations to farm- yields oxygen in quantities sufficient to stim-
ers. [Sec. 3, RA 10000]. ulate or support combustion. [Sec. 3, PD
1185; Sec. 3, RA 9514].
Owner-manager. The owner of a parcel of
land devoted to agricultural production who Oxygenate. Substances, which, when added
provides the capital and management in the to gasoline, increase the amount of oxygen
farm enterprise. [Sec. 166, RA 3844]. in that gasoline blend. [Sec. 3, RA 9367].
Owner’s duplicate Certificate of Title. The
document issued by the Register of Deeds
in the name of the person in whose owner-
ship of the land was decreed and this is giv-
en to the registered owner. [Sec. 41, PD.
1529].
Ownership. A relation in law by virtue of
which a thing pertaining to one person is
completely subjected to his will in everything
not prohibited by law or the concurrence
with the rights of another [Tatad v. Garcia,
GR 114222. Apr. 6, 1995].
Ownership. How acquired: Ownership is ac-
quired by occupation and by intellectual cre-
ation. [Art. 712, CC].
Ownership and other real rights over prop-
erty; how acquired and transmitted.
Ownership and other real rights over proper-
ty are acquired and transmitted by law, by
donation, by estate and intestate succes-
sion, and in consequence of certain con-
tracts, by tradition. They may also be ac-

697
ship. [Coquia and Santiago, Intl. Law, 3rd
-P- Ed. (1998), p. 493].
Pachyderm. Thick-skinned. [People v. Aquino, Pacta. Lat. Agreements or promises.
GR L-23908. Oct. 29, 1966].
Pacta privata juri publico derogare non
Pacific blockade. Intl. Law. 1. An act of re- possunt. Lat. Private agreements bet. par-
prisal by which the vessels of the offending ties cannot derogate from public right.
state are prevented from entering or leaving [Peftok Integrated Services, Inc. v. NLRC,
its ports by the ships of the state seeking GR 124841. July 31, 1998].
redress. [Cruz, Intl. Law Reviewer, 1996
Pacta sunt servanda. Lat. Agreements must
Ed., p. 126]. 2. A method for forcible settle-
be kept or intl. agreements must be per-
ment of an intl. dispute without the use of
formed in good faith. A treaty engagement is
arms. It is a naval operation the purpose of
not a mere moral obligation but creates a
which is to prevent entrance to the ports of
legally binding obligation on the parties. A
the offending State of properties destined
state which has contracted valid intl. obliga-
therefor, particularly vessels. The ultimate
tions is bound to make in its legislations
objective is to force the offending State to
such modifications as may be necessary to
amend its ways or to provide for redress of
ensure the fulfillment of the obligations un-
the grievance against it. [Paras, citing Fen-
dertaken. [Tañada v. Angara, GR 118295.
wick, Intl. Law, p. 437].
May 2, 1997]. Compare with Rebus sic
Pacific or Civil embargo. Intl. Law. An in- stantibus.
stance where the properties, vessels or air-
Pacto. Sp. Agreement. A consideration which
craft belong to the state that is detaining.
induces one to commit a crime. [Aquino,
[Fenwick, Intl. Law, p. 435].
RPC, 1976 Ed., Vol. 1, p. 431]. Compare
Package. A bundle made up for transportation; with Precepto.
a packet; a bale; a parcel; or that in which
Pacto commissorio. Sp. A provision for the
anything is packed; a box, a case, barrel,
automatic appropriation of the pledged or
crate., etc., in which goods are packed: a
mortgaged property by the creditor in pay-
container. [Caltex (Phil.) Inc. v. Manila Port
ment of the loan upon its maturity. The pro-
Service, GR L-21055. Aug. 31, 1966, 2nd
hibition against a pacto commissorio is in-
Ed., p, 1750].
tended to protect the obligor, pledgor, or
Package or Packaging. 1. Any container or mortgagor against being overreached by his
wrapping in which any consumer product is creditor who holds a pledge or mortgage
enclosed for use in the delivery or display of over property whose value is much more
that consumer product to retail purchasers. than the debt. [Yau Chu v. CA, GR 78519.
[Sec. 3, RA 10620; Art. 4, RA 7394]. 2. Sep. 26, 1989]. Also called Pactum com-
Pack, boxes, cartons or containers of any missorium.
kind in which any tobacco product is offered
Pacto de retro. Sp. A sale with right of repur-
for sale to consumers. [Sec. 4, RA 9211].
chase within a certain period of time.
Packing materials. They include leaves, [Torres, Oblig. & Cont., 2000 Ed., p. 353].
straw, bark and other plant materials used
Pacto de retro sale. A sale that transfers the
as wrapping, packing, or converting and are
legal title to the vendee a retro. Its essence
capable of harboring plant pets. [Sec. 2, PD
is that the title and ownership of the property
1433].
sold are immediately vested in the vendee a
Pact. Intl. Law. A treaty surrounded by a spe- retro, subject to the resolutory condition of
cial atmosphere of sentiment, with an inten- repurchase by a vendor a retro to repur-
tion to guaranty, such as treaties of friend- chase the property within the period agreed

698
upon by them, or, in the absence thereof, as the seller until full payment of the price is
provided by law, vests upon the vendee a made. [Jovellanos v. Ca, GR 100728. June
retro absolute title and ownership over the 18, 1992; Art. 1478, CC].
property sold by operation of law. [Ca-
PAGCOR. Phil. Amusements and Gaming
dungog v. Yap, GR 161223, Sep. 12, 2005].
Corp.
Pactum. In Roman law, an informal agreement
Pag-IBIG. Acronym for Pagtutulungan sa Kin-
bet. 2 or more persons containing one or
abukasan - Ikaw, Bangko, Industriya at Go-
more promises and usu. legally unenforcea-
byerno.
ble even when supported by a sufficient
consideration. Pag-IBIG Fund. See Home Development
Mutual Fund (HDMF).
Pactum commissorium. A stipulation for
automatic vesting of title over the security in Paid-in capital. The amount paid for the sub-
the creditor in case of the debtor's default. scription of capital stock.
[Fernandez Vda. de Zulueta v. Octaviano,
Paid-up capital stock. That portion of the
GR L-55350. Mar. 28, 1983]. Also called
Pacto commissorio subscribed or outstanding capital stock that
is actually paid. [De Leon, Corp. Code of the
Pactum commissorium. Elements: (a) That Phil. Annotated, 1989 Ed., p. 53].
there should be a pledge or mortgage
wherein a property is pledged or mortgaged Paid-up insurance. An insurance where the
by way of security for the payment of the insured is given a right, upon default, after
principal obligation; and (b) that there should the payment of at least 3 annual premiums,
be a stipulation for an automatic appropria- to have the policy continued in force from
the date of default for the whole period of
tion by the creditor of the thing pledged or
mortgaged in the event of non-payment of the insurance without further payment of
the principal obligation within the stipulated premiums. It results to a reduction of the
orig. amount of insurance but for the same
period. [Uy Tong v. CA, GR 77465. May 21,
1988]. period originally stipulated.
Pactum contrahendi. Intl. Law. An agreement Painting the tape. Engaging in a series of
by a State to conclude a later and final transactions in securities that are reported
agreement. [Coquia and Santiago, Intl. Law, publicly to give the impression of activity or
price movement in a security.
3rd Ed. (1998), p. 494].
Pactum reservati dominii. Also Contractual Pairing system. A system established under
reservation of title. 1. The stipulation in a Circ. 7 dated Sep. 23, 1974 of the Sup.
Court whereby every branch of the RTC
contract that ownership in the thing shall not
pass to the purchaser until he has fully paid shall be considered as paired with another
the price. [Art. 1478, CC]. 2. The reservation branch. In the event of vacancy in any
by the seller under the terms of a contract of branch, or of the absence or disability of the
sale of specific goods of his right of posses- judge thereof, all incidental or interlocutory
matters pertaining to it may be acted upon
sion or ownership in the goods until certain
conditions have been fulfilled. The right of by the judge of the other branch paired with
possession or ownership may be thus reit. The latter may likewise conduct trials or
served notwithstanding the delivery of the hearings on the merits in criminal cases with
goods to the buyer or to a carrier or other detention prisoners assigned to the other
branch, as well as in other kinds of cases,
bailee for the purpose of transmission to the
buyer. [Art. 1503, CC]. 3. A stipulation subject to the conformity of the parties. [SC
common in sales on installment where the Circ. 7, Sep. 23, 1974].
ownership of the property may still be with

699
Pakyao. Labor. A labor contract whereby a Panamax vessel. Vessel or ship of about
worker is paid by results. It is akin to a con- 60,000 to 70,000 dead weight tons capacity.
tract for a piece of work whereby the con- [Sec. 1.2, IRR, EO 354 dated 5 July 1996].
tractor binds himself to execute a piece of
Pancreatic carcinoma. A malignant new
work for the employer, in consideration of a
growth of the said organ, characterized by
certain price or consideration. The contrac-
loss of weight, pain and yellowish discolora-
tor may either employ his labor or skill, or
tion of the skin. It affects predominantly pa-
also furnish the material. [Dingcong v.
tients over 45 years of age. Predisposing
Guingona, Jr., GR L-76044. June 28, 1988].
factors are age, sex, genetic influence and
Pakyao or Takay workers. Labor. Those presence of diabetes mellitus. [Navalta v.
whose job or work to be performed is in bulk GSIS, GR L-46684. Apr. 27, 1988].
or volumes which are difficult to quantify.
Pandectists. From Lat. pandect: all receiving.
This is commonly practiced in the agricultur-
Scholars who attempted to prepare a pan-
al industry.
dect, or complete and comprehensive trea-
Pakyaw system. Labor. As generally prac- tise or digest of the law.
ticed in our country, a labor contract bet.
Pander. To gratify or indulge an immoral or
employers and employees, bet. capitalists
distasteful desire, need, or habit or a person
and laborers. [Sunripe Coconut Products
with such a desire, etc.
Co. v. Court of Industrial Relations, GR L-
2009 Apr. 30, 1949]. Pandering. The act of offering, advertising,
promoting, representing or distributing
Palataw. Tag. Axe. [Angelo v. CA, GR 88392.
through any means any material or purport-
June 26, 1992].
ed material that is intended to cause another
Palaw. Tag. A piece of wood used in unhusk- to believe that the material or purported ma-
ing coconuts. [People v. Tarrayo, GR L- terial contains any form of child pornogra-
26489 Apr. 21, 1969]. phy, regardless of the actual content of the
material or purported material. [Sec. 3, RA
Palawan. The Phil. province composed of
9775].
islands and islets located 7º47' and 12º22'
north latitude and 117º00' and 119º51' east Pangkat. Tag. Group.
longitude, generally bounded by the South
Pangkat ng Tagapagkasundo. A conciliation
China Sea to the northwest and by the Sulu
panel constituted for each dispute brought
Sea to the east. [Sec. 3, RA 7611].
before the Lupong Tagapamayapa consist-
Palengke. Tag. Also Common open markets. ing of 3 members who are chosen by the
Markets with dry and wet sections, food- parties to the dispute from the list of mem-
stalls, fruit and vegetable sections, etc., bers of the Lupon. [Art. 197, IRR of RA
where the retailers or market stall operators 7160].
are lessees who pay fixed rents for the use
Panic. Legal Med. Acute and extreme anxiety
of market space. [Cruz v. CA, GR L-44178.
with accompanying physiologic symptoms.
Aug. 21, 1987].
Paltik. Tag. Home-made gun. [People v. Mo-
Panic-buying. The abnormal phenomenon
rados, GR 46973. Nov. 19, 1940].
where consumers buy basic necessities and
Palusong. Tag. Also Bayanihan. The Filipino prime commodities grossly in excess of their
practice of exchange of labor system. Also normal requirement resulting in undue
commonly known as "amuyo" or "tagnawa" shortages of such goods to the prejudice of
in the Ilocos regions and "salibot" or "ayon- less privileged consumers. [Sec. 3, RA
ayon" in the Western Visayas. [De Guzman 7581].
v. Santos, GR L-16568. Nov. 30, 1962].

700
Panning. Recovering gold by the use of open wax paper, lubricants, and sealing materials.
round wooden or metal containers disphan- Also called Paraffin wax.
like in appearance by skillful manipulation
Paraffin test. 1. A test to reveal whether the
with hands. [Sec. 12, PD 1150].
person tested has within recent hours fired a
PAO. See Public Attorney’s Office. gun. 2. A test to determine the presence of
nitrates or gunpowder residues. [People v.
Paper caps. Minute amount of black powder
Saulog, GR 48850. Jan. 31, 1944]. Also Ni-
spread in either small strips of paper on a
trate test.
small sheet used for children's toy guns.
[Sec. 2, RA 7183]. Paraffin wax. See Paraffin.
Par. Equal. [De Leon, Corp. Code of the Phil. Paragraphs. The division of the allegations in
Annotated, 1989 Ed., p. 63]. the body of a pleading into paragraphs so
numbered as to be readily identified, each of
Par in parem non habet imperium. Lat. 1. An
which shall contain a statement of a single
equal has no power over an equal. [Jusmag
set of circumstances so far as that can be
v. NLRC, GR 108813. Dec. 15, 1994]. 2. All
done with convenience. A paragraph may
states are sovereign equals and cannot as-
be referred to by its number in all succeed-
sert jurisdiction over one another. [USA v.
ing pleadings. [Sec. 2(a), Rule 7, RoC].
Guinto, GR 76607. Feb. 26, 1990].
Paralegal. 1. A person who is not a lawyer or
Par of change. See Legal exchange rate.
is not acting in that capacity but who pro-
Par value. Face value or value equal to the vides a limited number of legal services. 2.
face of the stocks or bonds. [De Leon, Corp. Also, Legal assistant. A person with legal
Code of the Phil. Annotated, 1989 Ed., p. skills who works under the supervision of a
63]. lawyer.
Par value shares. Corp. Law. 1. Shares is- Parallel importation. The unauthorized impor-
sued with a specific money value fixed in the tation of orig. goods bearing authentic
AOI and appearing in the certificate of stock. trademarks from other authorized sources
Its primary purpose is to fix the minimum and their distribution or sale in the country
subscription or issue price of the shares, by entities other than the exclusive distribu-
thus assuring creditors that the corp. would tors.
receive a minimum amount for its stock. [De
Parallel importer. One which imports, distrib-
Leon, Corp. Code of the Phil. Annotated,
utes, and sells genuine products in the mar-
1989 Ed., p. 60]. 2. Shares issued by a
ket independently of an exclusive distribu-
company which have a minimum price. 3.
torship or agency agreement with the manu-
Shares with a value fixed in the AOI and the
facturer. Such acts of ―underground sales
certificates of stock. The par value fixes the
and marketing‖ of genuine goods, under-
minimum issue price of the shares. A corp.
mines the property rights and goodwill of the
cannot sell less than the par value but a
rightful exclusive distributor. Such goodwill
shareholder may sell the same less than the
is protected by the law on unfair competi-
par value bec. it is his. Shares sold below its
tion. [Solid Triangle v. Sheriff, GR 144309,
par value is called watered stocks. Compare
Nov. 23, 2001].
with No par value shares.
Paramour. One who loves or is loved illicitly;
Para. A prefix which indicates "beside" or "be-
one taking the place without the legal rights
yond."
of a husband or wife; mistress - called also
Paraffin. A waxy white or colorless solid hy- lover. [Fernandez v. Lantin, GR L-44759.
drocarbon mixture used to make candles, Dec. 17, 1976, 1971 ed., p. 1638].

701
Paraphernal. The personal articles, apart from ery to an addressee prominently displayed
dower, reserved by law to a married woman. on at least 1 of its sides. [Sec. 2, RA 7354].
Paraphernal property. 1. That which the wife Parcel of land. Tract; an extended area of
brings to the marriage without incl. it in the land.
dowry, and that which she later acquires
Pardon. Crim. Law. 1. An act of grace pro-
without adding it thereto. the wife retains the
ceeding from the power entrusted with the
ownership over such property; the husband
execution of the laws, which exempts the
cannot exercise any action of any sort with
individual on whom it is bestowed from the
respect to such property without the inter-
punishment the law inflicts for a crime he
vention or consent of his wife, who has the
has committed. It is a voluntary act of the
management of said property, unless she
sovereign, granting outright remission of
has made it over to him before a notary in
guilt and declaring of record that a particular
order that he may administer it, in which
individual is to be relieved of the legal con-
case the husband is bound to give a mort-
sequences of a particular crime. [Llamas v.
gage for the value of the personal property
Orbos, GR 99031. Oct. 15, 1991]. 2. An act
received by him, or to give security therefor
of grace from governing power which miti-
in the manner provided for in dowered es-
gates punishment and restores rights and
tate. The husband's personal obligations
privileges forfeited on account of the of-
shall not be collected from the income of the
fense.
paraphernal property, unless it be proved
that the have been for the benefit of the fam- Pardon. Crim. Law. Exemption of a convicted
ily. [Arts. 135 to 141, CC]. 2. The real and person from the penalties of an offense or
personal property of any married woman crime by the power of the executor of the
which she may have at the time of marriage, laws.
or which she may thereafter acquire, which
Pardon. Succ. The act of the testator who,
shall not be subject to the disposal of her
husband, nor be liable for his debts, but having subsequently known the cause of
shall continue to be her sole and separate unworthiness of the heir, should condone
property as if she were a femme sole. [Os- them in writing.
sorio v. Posadas, GR 31088. Dec. 3, 1929]. Pardon by the offended party. Crim Law. It
3. Property brought by the wife to the mar- does not extinguish criminal action except
riage, as well as all property she acquires as provided in Art. 344 of the RPC [when
during the marriage. [CSC‘s Guidelines on the injured party has pardoned the offender
the use of the rev. SALN form]. in crimes of adultery, concubinage, and oth-
Paraphilia. Unusual sexual activity in which er private crimes; provided that such pardon
children are the preferred sexual object. is given before the institution of the criminal
[Harvey v. Defensor-Santiago, GR L-82544. action]; but civil liability with regard to the in-
June 28, 1988, 1971 Ed., p. 1665]. terest of the injured party is extinguished by
his express waiver [Art. 23, RPC].
Parcel. 1. A contiguous piece of land under
one form of tenure without regard to land Pardoning power of the President. Consti.
use. A piece of land is contiguous if it is not Law. The power of the Pres. to grant, except
separated by natural or man-made bounda- in cases of impeachment, or as otherwise
ries that are not part of the farm or holding. provided in the Consti., reprieves, commuta-
tions and pardons, and remit fines and for-
2. A rectangular box, the dimension and
weight of which is as specified by the Corp. feitures, after conviction by final judgment,
or the Govt. containing goods or some form and to grant amnesty with the concurrence
of a majority of all the Members of the Con-
of transportable property intended for deliv-
gress. [Sec. 19, Art. VII, 1987 Consti.].

702
Parens patriae. Lat. Parent of the country. 1. Parental advice. Fam. Law. The advice upon
Role of State as sovereign and guardian of the intended marriage which any contracting
persons under legal disability. 2. The right of party bet. the age of 21 and 25 is obliged to
the courts to make unfettered decisions ask from their parents or guardian. If they do
concerning people who are not able to take not obtain such advice, or if it be unfavora-
care of themselves. For example, courts can ble, the marriage license shall not be issued
make custody decisions regarding a child or till after 3 months following the completion of
an insane person, even without a statute law the publication of the application therefor. A
allowing them to do so, based on their re- sworn statement by the contracting parties
sidual, common law-based parens patriae to the effect that such advice has been
jurisdiction. sought, together with the written advice giv-
en, if any, shall be attached to the applica-
Parens patriae (Father of his country) doc-
tion for marriage license. Should the parents
trine. The doctrine refers to the inherent
or guardian refuse to give any advice, this
power and authority of the state to provide
fact shall be stated in the sworn statement.
protection of the person and property of a
[Art. 15, FC].
person non sui juris. Under that doctrine, the
state has the sovereign power of guardian- Parental and filial privilege. Rem. Law. The
ship over persons under disability. Thus, the privilege of a person against being com-
state is considered the parens patriae of mi- pelled to testify against his parents, other di-
nors. [Govt. of the Phil. Islands. v. Monte de rect ascendants, children or other direct de-
Piedad, GR L-9959 Dec. 13, 1916]. See al- scendants. [Sec. 25, rule 130, RoC].
so Doctrine of parens patriae.
Parental authority. Also known in Roman law
Parent. 1. Civ. Law. The biological or adoptive as Patria potestas. 1. The authority and re-
parent or legal guardian of a child. [Sec. 3, sponsibility of the parents in caring for and
RA 10165]. 2. Corp. Law. A corp. which has rearing their unemancipated children for civ-
control over another corp. directly or indi- ic consciousness and efficiency and the de-
rectly through one or more intermediaries. velopment of their moral, mental and physi-
[Sec. 4, RA 10142; Sec. 3, RA 9856; Sec. 1, cal character and well-being. [Art. 209, FC].
Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 2. The mass of rights and obligations which
parents have in relation to the person and
Parent corporation. Also Holding corpora-
property of their children, until their majority
tion. A corp. which is so related to another
age or emancipation, and even after this
corp. that it has the power, either directly or
under certain circumstances. [Comments &
indirectly, to elect the majority of the direc-
Jurisp. on the Civ. Code, Tolentino, Vol. I,
tors of such other corp. [De Leon, Corp.
1983 ed].
Code of the Phil. Annotated, 1989 Ed., p.
39]. Compare with Subsidiary corporation. Parental consent. Fam. Law. The consent to
the marriage manifested in writing by the fa-
Parent education. 1. The various means of
ther, mother, surviving parent or guardian,
providing parents or legal guardians infor-
or persons having legal charge of the con-
mation about newborn screening. [Sec. 4,
tracting party, in the order mentioned, who
RA 9288]. 2. The various formal and alterna-
personally appears before the proper local
tive means of providing parents with infor-
civil registrar, or in the form of an affidavit
mation, skills, and support systems to assist
made in the presence of 2 witnesses and at-
them in their roles as their children's primary
tested before any official authorized by law
caregivers and educators. These include
to administer oaths and exhibit[ed] to the lo-
public and private parent education pro-
cal civil registrar by the contracting party,
grams linked to center, home and media-
not having been emancipated by a previous
based child care and education programs.
marriage, [who] is bet. the ages of 18 and
[Sec. 4, RA 8980].

703
21. The personal manifestation shall be rec- Pari. Lat. Equal.
orded in both applications for marriage li-
Pari delicto. Lat. 1. Equal fault. [Baksh v. CA,
cense, and the affidavit, if one is executed
GR 97336, Feb. 19, 1993]. 2. In equal fault;
instead, shall be attached to said applica-
in a similar offense or crime; equal in guilt or
tions. [Art. 14, FC].
in legal fault.
Parental leave of a solo parent. Leave bene-
Pari delicto doctrine. The doctrine under
fits granted to a solo parent to enable
which no recovery can be made in favor of
him/her to perform parental duties and re-
the plaintiffs for being themselves guilty of
sponsibilities where physical presence is re-
violating the law. [Ponce v. CA, GR L-49494
quired. [Sec. 3, RA 8972].
May 31, 1979].
Parental liability principle. A species of what
Pari delicto non oritur actio. Lat. Where 2
is frequently designated as vicarious liability,
persons are equally at fault neither party
or the doctrine of "imputed negligence" un-
may be entitled to relief under the law.
der Anglo-Amer. tort law, where a person is
[Egao v. CA, GR 79787. June 29, 1989].
not only liable for torts committed by himself,
but also for torts committed by others with Pari materia. Lat. Relating to the same matter.
whom he has a certain relationship and for Statutes are said to be in pari materia when
whom he is responsible. Thus, parental lia- they relate to the same person or thing, or to
bility is made a natural or logical conse- the same class of persons or things, or have
quence of the duties and responsibilities of the same purpose or object. [City of Naga v.
parents - their parental authority - which in- Agna, May 31, 1976].
cludes the instructing, controlling and disci-
Pari materia rule. When statutes are in pari
plining of the child. [Tamargo v. CA, GR
85044. June 3, 1992]. materia, the rule of Stat. Con. dictates that
they should be construed together. This is
Parental preference rule. The rule that a bec. all enactments of the same legislature
natural parent, father or mother, as the case on the same subject matter are supposed to
may be, who is of good character and a form part of one uniform system; that later
proper person to have the custody of the statutes are supplementary or complimen-
child and is reasonably able to provide for tary to the earlier enactments and in the
such child, ordinarily is entitled to the custo- passage of its acts the legislature is sup-
dy as against all persons. Accordingly, such posed to have in mind the existing legisla-
parents are entitled to the custody of their tion on the same subject and to have enact-
children as against foster or prospective ed its new act with reference thereto. [City of
adoptive parents; and such entitlement ap- Naga v. Agna, May 31, 1976].
plies also as against other relatives of the
child, incl. grandparents, or as against an Pari passu. Lat. Equal footing. 1. This term is
agency or institution. [Luna v. IAC, GR L- often used in bankruptcy proceedings where
68374. June 18, 1985]. creditors are said to be pari passu which
means that they are all equal and that distri-
Parental responsibility. With respect to their bution of the assets will occur without pref-
minor children, the rights and duties of the erence bet. them. 2. Used especially of
parents as defined in Art. 220 of EO 209, as creditors who, in marshaling assets, are en-
amended, otherwise known as the Family titled to receive out of the same fund without
Code of the Phils. [Sec. 3, RA 8972]. any precedence over each other. [Express
Investments III Private Ltd. and Export Devt.
Parenthetical. Set off within or as if within
Canada v. Dayan Telecommunications, Inc.,
parentheses; qualifying or explanatory.
GR 174457-59 Dec. 5, 2012].
Parenthetically. Incidentally, by the way, in
passing, by way of explanation.

704
Parietal. Of, relating to, attached to, or denot- tion of the existing parking area for the pur-
ing the wall of the body or of a body cavity pose of loading or unloading passengers or
or hollow structure. cargoes, no fee being charged for mere
passage. [City of Ozamis v. Lumapas, GR
Parietal bone. A membrane bone of the roof
L-30727. July 15, 1975]. Compare with Toll
of the skull.
fee.
Parietal region. One or 2 bones bet. the oc-
Parkinson's disease or Parkinsonism. Sci-
cipetal (back) and frontal bones of the skull.
entifically known as Paralysis agitans. A
Parieto temporal region. A region that is not core syndrome of the late middle life, occur-
found in the forehead but bet. the temple on ring in most cases bet. the ages of 50 and
the side of the skull and back part of the 60, observed in all countries, ethnic groups,
head. socio-economic classes and in both sexes,
resulting from an excessive loss of melanin
Paris Club. The major forum within which pigment and a degeneration of neurones in
debtor countries negotiate the restructuring
the substantia nigra, characterized by invol-
of debts owed to foreign govt. or their export untary tremulous motion, with lessened
agencies incl. the US, Great Britain, Japan, muscular power in parts of the body which
and European countries.
are not in action and even when supported,
Parish. A portion or subdivision of a diocese an expressionless face, poverty and slow-
committed to the spiritual jurisdiction or care ness of voluntary movement, stooped pos-
of a priest or minister, called rector or pasture, rigidity and festinating gait, the senses
tor. In the Protestant Episcopal Church, it is and intellect being uninjured. [Yosores v.
a territorial division usu. following civil ECC, GR 97346. Mar. 23, 1992]
bounds, as those of a town. In the Roman Parliament. A democratic govt.'s legislature.
Catholic Church, it is usu. territorial, but
whenever there are different rites and lan- Parliamentary. Relating to, enacted by, or
guages, the boundaries and jurisdiction are suitable for a parliament.
determined by rite or language. [Roman
Parliamentary immunities. Pol. Law. The
Catholic Apostolic Administrator of Davao,
immunities granted to the members of the
Inc. v. Land Registration Commission, GR
Congress under Art. VI, Sec. 11 of the 1987
L-8451. Dec. 20, 1957].
Consti. which provides: "A Senator or Mem-
Parity. The state or condition of being equal, ber of the House of Reps. shall, in all of-
esp. regarding status or pay. fenses punishable by not more than 6 years
imprisonment, be privileged from arrest
Parity rights. An amendment to the 1935
while the Congress is in session. No mem-
Consti. which granted to Americans equal ber shall be questioned nor be held liable in
rights with Filipino citizens to develop and any other place for any speech or debate in
exploit natural resources of the Phils. and to the Congress or in any committee thereof."
operate public utilities in the country. That [Mapa v. Sandiganbayan, GR 100295. Apr.
was the deal required by the US in ex-
26, 1994].
change for the funds poured into the Phils.
for its rehabilitation after the war. Parliamentary privilege of speech. Pol. Law.
The immunity granted to the members of the
Park or Playground. That portion of the sub- Congress under Art. VI, Sec. 11 of the 1987
division which is generally not built on and Consti. from being questioned or from being
intended for passive or active recreation.
held liable in any other place for any speech
[Sec. 3, BP 220]. or debate in the Congress or in any commit-
Parking fee. The fee collected from public tee thereof. See Parliamentary immuni-
utility vehicles when they stop on any por- ties.

705
Parol. Given or expressed orally. Extrinsic. on which the sentence shall be suspended.
Parol evidence. Evid. 1. That oral evidence
Ed., p. 322]. 2. An early release from incar-
presented during the trial of a case with the
ceration in which the prisoner promises to
intention of altering and/or changing the
heed certain conditions [usu. set by a parole
terms of a written contract. [Torres, Oblig. &
board] and under the supervision of a parole
Cont., 2000 Ed., p. 353]. 2. Oral or verbal
officer. Any violation of those conditions
evidence; evidence given by word of mouth
would result in the return of the person to
in court.
prison. 3. Supervised release of a prisoner
Parol evidence rule. Evid. 1. The rule of evi- from imprisonment on certain prescribed
dence that when the terms of an agreement conditions which entitle him to termination of
have been reduced to writing, it is to be his sentence.
considered as containing all the terms
Parricide. Crim. Law. 1. The felony committed
agreed upon and there can be, bet. the par-
by any person who shall kill his father,
ties and their successors-in-interest, no evi-
mother, or child, whether legitimate or illegit-
dence of such terms other than the contents
imate, or any of his ascendants, or de-
of the written agreement. [Sec. 9, Rule 130,
scendants, or his spouse. [Art. 246, RPC]. 2.
RoC]. 2. Under the rule, when the terms of
Killing one's father or another a family
an agreement have been reduced into writ-
member or close relative.
ing, it is considered as containing all the
terms agreed upon, and there can be, bet. Parricide. Crim. Law. Elements: (a) A person
the parties and their successors-in-interest, is killed; (b) the deceased is killed by the ac-
no evidence of such terms other than the cused; (c) the deceased is the father, moth-
contents of the written agreement. However, er, or child, whether legitimate or illegiti-
a party may present evidence to modify, ex- mate, or a legitimate other ascendant or
plain or add to the terms of the written other descendant, or the legitimate spouse
agreement if he puts in issue in his pleading, of the accused. [People v. Malabago, GR
the failure of the written agreement to ex- 115686. Dec. 2, 1996].
press the true intent of the parties thereto.
Part performance. The receipt by one of the
[Mactan-Cebu Intl. Airport Authority v. CA,
parties of a certain sum of deposit from the
GR 121506. Oct. 30, 1996; Sec. 9, Rule
other to give the latter the opportunity in the
130, RoC].
purchase of the thing object of the contract.
Parol evidence rule. Evid. Exceptions: A party
Part performance doctrine. An equitable
may present evidence to modify, explain or
principle that allows a court to recognize and
add to the terms of the written agreement if
enforce an oral contract despite its legal de-
he puts in issue in his pleading: (a) an intrin-
ficiencies and provides a way around the
sic ambiguity, mistake or imperfection in the
statutory bar to the enforcement of an oral
written agreement; (b) the failure of the writ-
contract. By applying the doctrine, a party
ten agreement to express the true intent and
can establish the existence of a contract de-
agreement of the parties thereto; (c) he va-
spite the lack of any written evidence. Gen-
lidity of the written agreement; or (d) he ex-
erally, without written evidence, a contract
istence of other terms agreed to by the par-
does not satisfy the formal requirements set
ties or their successors in interest after the
by the legislature under the statute of
execution of the written agreement. [Sec. 9,
frauds. The doctrine is an exception to this
Rule 130, RoC].
as it allows failure to comply with the statute
Parole. 1. It consists in the suspension of the of frauds to be overcome by a party's execu-
sentence of a convict after serving the min- tion, in reliance on an opposing party's oral
imum of the sentence imposed without promise, of an oral contract's requirements.
granting a pardon, prescribing the terms up-

706
Partial. 1. Existing only in part; incomplete. 2. Participante en el delito. Sp. Participant in
Biased; one-sided. the felony. See Particeps criminis.
Partial compensation. Civ. Law. This takes Participating preferred shares. Corp. Law.
place when the 2 obligations are of different Those that entitle the holders to participate
amounts and a balance remains unextin- with holders of common shares in the sur-
guished after the compensation. [Torres, plus profits after the amount of the stipulated
Oblig. & Cont., 2000 Ed., p. 141]. Compare dividends has been paid to holders of pre-
with Total compensation. ferred shares and holders of common
shares. [Diaz, Bus. Law Rev., 1991 Ed., p.
Partial default. Rem. Law. The failure of some
249]. Compare with Non-participating pre-
of several defending parties to answer a
ferred shares.
pleading asserting a claim which states a
common cause of action against all of them Participatory processes. The involvement of
resulting in the court trying the case against all the key sectors of development, from the
all upon the answers thus filed and render- grassroots to the policy-making bodies of
ing judgment upon the evidence presented. the Natl. govt., in providing the values and
ideas from which strategic development and
Partial default, Effect of. Rem. Law. When a
environmental protection action can come
pleading asserting a claim states a common
about. [Sec. 3, RA 7611].
cause of action against several defending
parties, some of whom answer and the oth- Particular average. Mar. Ins. 1. A loss hap-
ers fail to do so, the court shall try the case pening to the ship, freight, or cargo which is
against all upon the answers thus filed and not shared by contributing among all those
render judgment upon the evidence pre- interested, but must be borne by the owner
sented. [Sec. 3(c), Rule 9, RoC]. of the subject to which it occurs. [Amer.
Home Assurance v. CA, GR 94149. May 5,
Partial disability. Diminished capacity for
1992, Rev. 4th Ed., p. 172]. 2. A loss to a
securing employment due to disfigurement
ship or its cargo which is not to be shared in
produced by an injury, can be considered as
by contributions from all those interested,
partial disability. [Sec. 22, RA 772].
but is to be borne by the owner of the in-
Partial novation. Civ. Law. There is partial jured thing. Compare with General average.
novation when there is only a modification or
Particular lien. A right to retain the property of
change in some principal conditions of the
another on account of labor employed or
obligation. [Ong v. Bogñalbal, GR 149140,
money expended on that specific property.
Sep. 12, 2006]. Compare with Total nova-
tion. Particular partnership. A partnership which
has for its object determinate things, their
Partial succession. Intl. Law. Part of a territo-
use or fruits, or specific undertaking, or the
ry is transferred from one state to another.
exercise of a profession or vocation. [Art.
Partiality. 1. Synonymous with "bias.‖ 1783, CC]. Compare with Universal part-
[Fonacier v. Sandiganbayan, GR L-50691. nership.
Dec. 5, 1994]. 2. A disposition to see and
Partisan. 1. N. A strong supporter of a party,
report matters as they are wished for rather
cause, or person. 2. Adj. Prejudiced in favor
than as they are. [Ibid.]. See Bias.
of a particular cause.
Particeps criminis. Lat. 1. Criminal partner.
Partisan political activity/ies. Acts designed
[People v. Pamon, GR 102005. Jan. 25,
to have a candidate elected or not or pro-
1993]. 2. One who assists another in any
mote the candidacy of a person or persons
manner in carrying out a fraudulent purpose.
to a public office. [Act 4880]. See also Elec-
[Haw Pia v. China Banking Corp., GR L-554.
tion campaign.
Apr. 9, 1948].

707
Partition. 1. The separation, division and as- who co-own and manage a business for
signment of a thing held in common among profit and who are each liable to the full ex-
those to whom it may belong. The thing it- tent of their personal assets for its debts. Al-
self may be divided, or its value. [Art. 1079, so Joint venture.
CC]. 2. A division bet. 2 or more persons of
Partnership by estoppel. A situation where
real or personal property which they own as
one represents himself to be a partner in an
copartners, joint tenants or tenants in com-
existing partnership without the objection of
mon, effected by the setting apart of such in-
the partners despite the fact that he is not
terests so that they may enjoy and possess
truly a partner. If someone is misled, there
it in severalty. [Villamor v. CA, GR L-41508.
can be liability on the part of the partnership
June 27, 1988].
bec. there is partnership by estoppel. [Al-
Partition. Stages: The 1st stage is the deter- bano, Civil Law Reviewer, Rev. Ed., p. 414].
mination of whether or not a co-ownership in
Partnership by holding out. The partnership
fact exists and a partition is proper [i.e., not
impliedly created when a person is repre-
otherwise legally proscribed] and may be
sented (held out) as a partner and he does
made by voluntary agreement of all the par-
not deny this even after becoming aware of
ties interested in the property. The 2nd
it. He thus becomes liable to 3rd parties who
stage commences when it appears that ―the
lend money or grant credit to the firm on the
parties are unable to agree upon the parti-
basis of such representation.
tion‖ directed by the court. In that event, par-
tition shall be done for the parties by the Part-time. Involving less than the standard or
court with the assistance of not more than 3 customary time for an activity.
commissioners. [De Mesa v. CA, GR
109387, Apr. 25, 1994]. Part-time position. A set of duties and re-
sponsibilities not requiring performance for
Partner. A person who takes part in an under- the total number of prescribed working
taking with another or others, esp. in a busi- hours per week, specified as normal for the
ness or company with shared risks and prof- org. in which the position is located. [Sec. 3,
its. PD 985].
Partner by holding out. A person who is rep- Part-time workers. Labor. Those who work at
resented [held out] as a partner and who jobs which provide less than the working
does not deny this even after becoming time normal to the establishment.
aware of it becomes liable to 3rd parties
who lend money or grant credit to the firm Partus sequitur ventrem. Lat. The principle
that the offspring belongs to the owner of
on the basis of such representation.
the female. [Jurado, Civ. Law Reviewer, 19th
Partners. 2 or more persons who carry on a Ed. (1999), p. 289].
business together and are each fully liable
for all the debts of the enterprise but they al- Party. 1. A political party or a sectoral party or
so share the profits exclusively. coalition of parties. [Sec. 3, RA 7941]. 2. A
person or agency named or admitted as a
Partnership. 1. A contract whereby 2 or more party, or properly seeking and entitled as of
persons bind themselves to contribute mon- right to be admitted as a party, in any agen-
ey, property, or industry to a common fund, cy proceeding; but nothing herein shall be
with the intention of dividing the profits construed to prevent an agency from admit-
among themselves. [Art. 1767, CC]. 2. A ting any person or agency as a party for lim-
company of 2 or persons who co-own and ited purposes. [Sec. 2, Chap. 1, Book VII,
manage a business and who are each liable EO 292]. 3. A person, business, or govt.
to the full extent of their personal assets for agency actively involved in the prosecution
its debts. An assoc. of 2 or more persons of defense of a legal proceeding.

708
Party adversely affected. Admin. Law. The tem, and appropriating funds therefor‖ en-
person or the respondent employee against acted on Mar. 3, 1995.
whom the administrative disciplinary case is
Passbook. A record of savings account
filed. [UP v. CSC, GR 108740. Dec. 1,
opened with any bank, issued by the latter
1993].
and should be presented to it in making de-
Party to the proceedings. The debtor, a cred- posits or withdrawals. Each transaction is
itor, the unsecured creditors' committee, a entered in the passbook such that at the end
stakeholder, a party with an ownership in- of each entry, the outstanding balance of a
terest in property held by the debtor, a se- particular deposit account appears therein.
cured creditor, the rehabilitation receiver,
Passenger. Any fare paying person being
liquidator or any other juridical or natural
transported and conveyed in and by a motor
person who stands to be benefited or injured
vehicle for transportation of passengers for
by the outcome of the proceedings and
compensation, incl. persons expressly au-
whose notice of appearance is accepted by
thorized by law or by the vehicle's operator
the court. [Sec. 4, RA 10142].
or his agents to ride without fare. [Sec.
Party wall. A wall used jointly by 2 parties 373(b), IC].
under easement agreement, erected upon a
Passion and obfuscation. A powerful excite-
line separating 2 parcels of land each of
ment naturally produced in a person by cer-
which is a separate real estate. [Sec. 3, BP
tain causes, which makes him lose his rea-
220].
son and self-control, thereby diminishing the
Party-in-interest. One who prosecutes or exercise of his will power. [People v. Caber,
defends and is benefited or injured. The Sr. GR 129252. Nov. 28, 2000].
term applies not only to the plaintiff but to
Passion and obfuscation. Requisites: (a)
the defendant, and the suit may be dis-
There should be an act both unlawful and
missed if neither of them is a real party-in-
sufficient to produce such condition of mind;
interest. [Travel Wide Associated Sales
and (b) said act which produced the obfus-
(Phils.), Inc. v. CA, GR 77356. July 15,
cation was not far removed from the com-
1991].
mission of the crime by a considerable
Party-list. Of or relating to a system of voting length of time, during which the perpetrator
in which people vote for a party rather than might recover his moral equanimity. [People
for a candidate. Parties are assigned the v. Takbobo, GR 102984. June 30, 1993].
number of seats which reflects their share of
Passive personality principle. Intl. Law. Doc-
the vote.
trine that a court has criminal jurisdiction if
Party-list system. A mechanism of propor- the victim is a national of the forum state.
tional representation in the election of repre-
Passive solidarity. A kind of solidarity where
sentatives to the House of Reps. from natl.,
there are several debtors and only one cred-
regional and sectoral parties or orgs. or coa-
itor [Diaz, Bus. Law Rev., 1991 Ed., p. 24]
litions thereof registered with the Comelec.
and where the solidary debtors share equal-
Component parties or orgs. of a coalition
ly in the obligation. [Corpus v. Paje, GR L-
may participate independently provided the
26737. July 31, 1969]. Compare with Active
coalition of which they form part does not
solidarity.
participate in the party-list system. [Sec. 3,
RA 7941]. Passive subject. The person from whom the
prestation (duty) is demandable, otherwise
Party-List System Act. RA 7941 entitled ―An
known as the debtor or obligor. [Torres,
Act providing for the election of party-list
representatives through the party-list sys-
with Active subject.

709
Passive subjective novation. A novation, ing the invention within the territory of the
under Art. 1293, Civ. Code, which consists country that grants the patent.
in the substitution of a debtor and which
Patent ambiguity. That ambiguity which is
may be in the form of expromission (where
apparent on the face of an instrument to any
the initiative comes from a 3rd person) or
one perusing it, even if he be unacquainted
delegacion (where the initiative comes from
with the circumstances of the parties. See
the debtor.
Extrinsic ambiguity.
Passport. 1. An official document of identity
Patent infringement. (a) Making, using, offer-
and nationality issued to a person intending
ing for sale, selling or importing a patented
to travel or sojourn in foreign countries. 2.
product or a product obtained directly or in-
An official document of identity and national-
directly from a patented process; or (b) Use
ity issued to a person intending to travel or
of a patented process without authorization
sojourn in foreign countries. [Remo v. Sec.
of the owner of the patent [Sec. 76, IPC].
of Foreign Affairs, GR 169202, Mar. 5,
2010]. Patent infringement. Tests: (a) Literal in-
fringement test – Resort must be had, in the
Pasturing livestock. The offense committerd
1st instance, to words of the claim. If the ac-
by any person who shall, without authority
cused matter clearly falls within the claim,
under a lease or permit, graze or cause to
infringement is committed. Minor modifica-
graze livestock in forest lands, grazing lands
tions are sufficient to put the item beyond
and alienable and disposable lands which
literal infringement; (b) Doctrine of equiva-
have not as yet been disposed of in accord-
lents – There is infringement where a device
ance with the Public Land Act. [Sec. 70, PD
appropriates a prior invention by incorporat-
705].
ing its innovative concept and, although with
Pasuray-suray. Tag. In a zigzag manner. some modification and change, performs
[People v. Siscar, GR L-55649. Dec. 3, substantially the same function in substan-
1985]. tially the same way to achieve substantially
the same result. [Godines v. CA, GR L-
Patay-gutom. Tag. 1. A derogatory remark
97343, Sep. 13, 1993]; and (c) Economic in-
connoting abject poverty. [Gonzales v. Arcil-
terest test – When the process-discoverer‘s
la, GR 27923. Nov. 18, 1991]. 2. Extremely
economic interest are compromised, i.e.,
hungry; tramp; destitute
when others can import the products that
Patent. 1. An exclusive privilege granted to an result from the process, such an act is said
inventor to make, use or sale an invention to be prohibited.
for a set number of years. Normally, no one
Patentable inventions. Any technical solution
company can retain a monopoly over a
of a problem in any field of human activity
product or service bec. this is considered to
which is new, involves an inventive step and
be economically harmful to society. But as a
is industrially capable. [Kho v. CA, GR
financial incentive to potential inventors, the
115758, Mar. 19-2002].
state grants a temporary monopoly to that
inventor through the issuance of a patent. 2. Paternity. The civil status of a father in relation
A grant to an inventor of the right to exclude to the children begotten by him. In its gener-
others for a limited time from make, using, ic sense, it is also used to designate the civil
or selling his invention in the (Phils.). 3. A status of a mother in relation to the children
statutory grant which confers to an inventor begotten by her. [Jurado, Civ. Law Review-
or his legal successor, in return for the dis- er, 19th Ed. (1999), p. 196]. Compare with
closure of the invention to the public, the Filiation.
right for a limited period of time to exclude
Paternity leave. The benefits granted to a
others from making, using, selling or import-
married male employee allowing him not to

710
report for work for 7 days but continues to Patria potestas. Lat. Power of a father. 1. A
earn the compensation therefor, on the con- Roman law concept of the sum total of the
dition that his spouse has delivered a child rights of parents over the person and prop-
or suffered a miscarriage for purposes of erty of their children. 2. The authority which
enabling him to effectively lend support to is lawfully exercised by the father over his
his wife in her period of recovery and/or in children.
the nursing of the newly-born child. [Sec. 3,
Patrimonial. 1. Ancestral: inherited or inherit-
RA 8187].
able by established rules [usu. legal rules] of
Paternity Leave. Conditions for entitlement: 1. descent.
The employee is lawfully married; 2. He is
Patrimonial property. 1. Property over which
cohabiting with his legitimate wife; 3. His
the State has the same rights, and of which
wife is pregnant or has delivered a child or
it may dispose, to the same extent as
suffered a miscarriage or abortion; 4. Must
private individuals in relation to their own
be of the first 4 deliveries; 5. The employer
property, subject only to the administrative
is notified within reasonable time of the
laws and regulations on the procedure of
pregnancy and of date of expected delivery
exercising such rights. They exist for the
[not required in case of abortion or miscar-
State for attaining its economic ends, as a
riage].
means for its subsistence, and the
Paternity Leave Act of 1996. RA 8187 enti- preservation of its natural organism.
tled ―An Act granting paternity leave of 7 [Tolentino, Civ. Code of the Phils., Vol. II,
days with full pay to all married male em- Repr. 2001, p. 37]. 2. All other property of
ployees in the private and public sectors for the State, which is not of the following
the first 4 deliveries of the legitimate spouse character: (a) Those intended for public use,
with whom he is cohabiting and for other such as roads, canals, rivers, torrents, ports
purposes‖ enacted on June 11, 1996. and bridges constructed by the State, banks
shores roadsteads, and others of similar
Pathologist. A duly registered physician who
character; (b) Those which belong to the
is specially trained in methods of laboratory
State, without being for public use, and are
medicine, of the gross and microscopic
intended for some public service or for the
study and interpretation of tissues, secre-
development of the natl. wealth. [Arts. 420
tions and excretions of the human body and
and 421, CC].
its functions in order to diagnose disease,
follows its course, determine the effectivity Patrimonial sea or Economic zone. Intl. Law.
of treatment, ascertain cause of death and That expanse of sea extending 200 nautical
advance medicine by means of research. miles from the coast or baselines of the
[Sec. 2, RA 5527]. state over which it asserts exclusive jurisdic-
tion and ownership over all living and non-
Pathwalk or Footpath. A public way intended
living resources found therein. [Cruz, Intl.
for pedestrian and which cuts across a block
to provide access to adjacent streets or
property with maximum length of 100 meters Patrimony. In its plain and ordinary meaning,
if connecting to roads and 50 meters if ter- the term pertains to heritage. [Manila Prince
minating in a dead end. [Sec. 3, BP 220]. Hotel v. GSIS, GR 122156. Feb. 3, 1997,
1986 Ed., p. 1656]. See National patrimo-
Patikim. Tag. Sharing. A typical and laudable
ny.
provinciano trait, a native way of expressing
gratitude for favor received. [Caballes v. Patronym. A component of a personal name
DAR, GR 78214 Dec. 5, 1988]. based on the given name of one's father,
grandfather or an even earlier male ances-
Patong. See Tong-pats.
tor.

711
Patronymic name. Name derived from the the name of the payee does not purport to
name of one's father or a paternal ancestor. be the name of any person; or (e) when the
[Used in Sec. 1, RA 6085]. only or last indorsement is an indorsement
in blank. [Sec. 9, NIL].
Pauper. A person so poor that he must be
supported at public expense; also a suitor Payable to order. The instrument drawn pay-
who, on account of poverty, is allowed to able to the order of a specified person or to
sue or defend without being chargeable with him or his order. It may be drawn payable to
costs. [Enaje v. Ramos, GR L-22109. Jan. the order of (a) a payee who is not maker,
30, 1970, p. 629]. Compare with Indigent. drawer, or drawee; or (b) the drawer or
maker; or (c) the drawee; or (d) 2 or more
Pauper litigant. An indigent suitor at law.
payees jointly; or (e) one or some of several
Pawn. The personal property delivered by the payees; or (f) the holder of an office for the
pawner to the pawnee as security for a loan. time being. [Sec. 8, NIL].
[Sec. 3, PD 114].
Payao. A fish aggregating device consisting of
Pawn ticket. The pawnbrokers' receipt for a a floating raft anchored by a weighted line
pawn. It is neither a security nor a printed with suspended materials such as palm
evidence of indebtedness. [Sec. 3, PD 114]. fronds to attract pelagic and schooling spe-
cies common in deep waters. [Sec. 4, RA
Pawnee. The pawnshop or pawnbroker. [Sec. 8550].
3, PD 114].
Payee. 1. The party to whom the promise is
Pawner. The borrower from a pawnshop. [Sec. made or the instrument is payable; the party
3, PD 114]. in whose favor the bill is drawn or is paya-
Pawnshop. A person or entity engaged in the ble. 2. The person to whom payment is ad-
business of lending money on personal dressed or given. In family law, the term
property delivered as security for loans and usu. refers to the person who receives or to
shall be synonymous, and may be used in- whom support or maintenance is owed. In
terchangeably, with pawnbroker or pawn- commercial law, the term refers to the per-
brokerage. [Sec. 3, PD 114]. son to whom a bill of exchange is made
payable. On a regular check, the space pre-
Pawnshop Regulation Act. PD 114 signed ceded with the words ―Pay to the order of‖
into law on Jan. 29, 1973. identifies the payee. See Maker.
Pay. n. Compensation; wages; salary; com- Paying bank. The bank on which the drafts
mission; fees. v. to discharge a debt by ten- are to be drawn. [Bank of America v. CA,
der of payment due; to deliver to a creditor GR 105395. Dec. 10, 1993].
the value of a debt, either in money or
goods, for his acceptance. Payment. It means not only the delivery of
money but also the performance, in any
Payable on demand. An instrument which: (a) other manner, of an obligation. [Art. 1232,
is expressed to be payable on demand, or at CC]. It is synonymous with performance.
sight, or on presentation; or (b) expresses [Diaz, Bus. Law Rev., 1991 Ed., p. 35].
no time for payment. [Sec. 7, NIL].
Payment bond. A surety [contract] bond cov-
Payable to bearer. The instrument is payable ering the payment of laborers and material-
to bearer: (a) when it is expressed to be so men.
payable; or (b) when it is payable to a per-
son named therein or bearer; or (c) when it Payment by cession. A special form of pay-
is payable to the order of a fictitious or non- ment whereby the debtor assigns or aban-
existing person, and such fact was known to dons all his properties for the benefit of his
the person making it so payable; or (d) when creditors in order that the latter may sell the

712
same and apply the proceeds thereof to the Payroll. 1. A list of a company's employees
satisfaction of their credits. [Diaz, Bus. Law and the amount of money they are to be
Rev., 1991 Ed., p. 43]. paid. 2. The total amount of wages and sala-
ries paid by a company to its employees.
Payment by cession. Requisites: (a) There
must be 2 or more creditors; (b) the debtor Payroll period. A period for which payment of
must be at least partially if not totally insol- wages is ordinarily made to the employee by
vent; (c) the cession must be accepted by his employer. [Sec. 78, NIRC, as amended].
the creditors. [Diaz, Bus. Law Rev., 1991
Payroll reinstatement. Labor. A form of rein-
Ed., p. 43-44].
statement which an employer may opt to
Payment for honor. Nego. Inst. Payment exercise in lieu of an actual reinstatement.
made by a person, whether a party to a bill Here, the illegally dismissed employee is to
or not, after it has been protected for non- receive his basic pay without the obligation
payment, for the benefit of any party liable of rendering any service to the employer.
thereon or for the benefit of the person for This occurs when a Labor Arbiter decides
whose account it was drawn. that an employee was illegally dismissed
and as a consequence awards reinstate-
Payment in due course. Nego. Inst. Payment
ment, pursuant to Art. 279 of the Labor
made at or after the maturity of the payment
Code. [Labitag, Answers to 2005 Bar Exams
to the holder thereof in good faith and with-
Questions, UP Law Complex].
out notice that his title is defective. [Art. 88,
Art. 2031]. PCA. See Philippine Coconut Authority.
Payment of premium. Ins. The payment of a PCG. See Philippine Coast Guard.
ratable contribution called ―premium‖ made
PCHRD. See Philippine Council for Health
by the insured to a general insurance fund
Research and Development.
as a consideration for the insurer‘s promise
in a contract of insurance PCIC. See Philippine Crop Insurance Cor-
poration.
Payment stopped. A banking phrase indicat-
ing that the check was not paid bec. there PCOS. See Precinct Count Optical Scan.
was a stop payment order from the drawer
thereof. PCSO. See Philippine Charity Sweepstakes
Office.
Payment, Special forms of. The special
PDAF. Priority Development Assistance Fund.
forms of payment under the Civ. Code are:
(a) dation in payment; (b) application of See Pork barrel.
payments; (c) payment by cession; and (d) PDEA. See Philippine Drug Enforcement
tender of payment and consignation. [Diaz, Agency.
Bus. Law Rev., 1991 Ed., p. 39].
PEA. See Private Employment Agency.
Payola. The practice of bribing someone to
use their influence or position to promote a Peace. The state of quiet or tranquility; free-
particular product or interest. dom from disturbance.
Payor. The person who is making the pay- Pearl farm lease. Public waters leased for the
ment(s). In the context of family law, the purpose of producing cultured pearls. [Sec.
word would typically refer to the person to a 4, RA 8550].
support or maintenance debtor. In commer- Peccata minuta. 1. Minute errors, as in a
cial law, the word refers to the person who testimony. 2. Harmless oversight. [Peroxide
makes the payment on a check or bill of ex- Phils. Corp. v. CA, GR 92813. July 31,
change. 1991].

713
Pecuniary. Monetary; relating to money; fi- PEMC. See Philippine Electricity Market
nancial; consisting of money or that which Corporation.
can be valued in money.
Pena perpetua. Sp. Perpetual penalties.
Pecuniary penalties. Fines and costs [People [People v. Reyes, GR 101127-31. Aug. 7,
v. Badeo, GR 72990, 21 Nov. 1991], incl. 1992].
civil liability predicated on the criminal
Penal. 1. Of, relating to, or prescribing the
offense complained of [i.e., civil liability ex
punishment of offenders under the legal sys-
delicto]. [People v. Bayotas, GR 102007, 2
tem. 2. Used or designated as a place of
Sep. 1994]. Compare with Personal
punishment.
penalties.
Penal clause. An accessory obligation which
Peddle. 1. To try to sell something, esp. small
the parties attach to a principal obligation for
goods by going from house to house or
the purpose of insuring the performance
place to place. 2. To sell an illegal drug or
thereof by imposing on the debtor a special
stolen item.
presentation (generally consisting in the
Peddler. 1. Any person who, either for himself payment of a sum of money) in case the ob-
or on commission, travels from place to ligation is not fulfilled or is irregularly or in-
place and sells his goods or offers to sell adequately fulfilled. [SSS v. Moonwalk
and deliver the same. [Sec. 131, RA 7160]. Dev‘t. & Housing Corp., GR 73345, Apr. 7,
2. A person who travels about the country 1993].
with merchandise for the purpose of selling
Penal clause in an obligation. 1. An acces-
it; he is an itinerant trader who carries goods
sory undertaking to assume greater liability
about in order to sell them. He is an itinerant
in case of breach of the obligation [Diaz,
individual, ordinarily without local habitation
Bus. Law Rev., 1991 Ed., p. 31]. 2. An ac-
or place of business, who travels about the
cessory obligation which the parties attach
country carrying commodities for sale. [Ram
to a principal obligation for the purpose of
Singh v. Insular Collector of Customs, GR
insuring the performance thereof by impos-
13669. Oct. 25, 1918].
ing on the debtor a special prestation (gen-
Pedestrian. A person walking along a road or erally consisting in the payment of a sum of
in a developed area. money) in case the obligation is not fulfilled
or is irregularly or inadequately fulfilled.
Pedestrian lane. The area designed by law for
[Country Bankers Ins. Corp. v. CA, GR
pedestrians to cross a street.
85161. Sep. 9, 1991].
Pedigree. Lineage, descent, and succession
Penal clause in an obligation. Kinds: (a)
of families; line of ancestors from which a
Subsidiary penal clause where only the
person descends; genealogy. An account or
penalty can be imposed; and (b) joint penal
register of a line of ancestors. Family rela-
clause where both the principal obligation
tionship.
and the penal clause can be enforced. [Di-
Pedophile. Legal Med. A person afflicted with az, Bus. Law Rev., 1991 Ed., p. 31]
Pedophilia, a sexual perversion in which
Penal Code. See Revised Penal Code, The.
children are preferred as sexual partner.
Penal law. Punishment imposed and enforced
Pedophilia. Legal Med. 1. A psycho-sexual
by the state for a crime or offense against its
perversion involving children. [Harvey v. De-
law. [People v. Moran, GR 17905. Jan. 27,
fensor-Santiago, GR L-82544. June 28,
1923].
1988]. 2. A sexual perversion wherein a
person has the compulsive desire to have Penal statutes. Those laws by which punish-
coitus with a child of either sex. [Olarte, Le- ments are imposed for some violation or
gal Med., 1st Ed. (2004), p. 113]. transgression of some of their provisions.

714
[Rilloraza v. Arciaga, GR L-23848. Oct. 31, scious, or when the victim is under 12 years
1967]. of age. [Art. 266-A, RPC; People v. Ba-
rangan, GR 175480, Oct. 2, 2007]. Also Or-
Penalty. 1. The suffering that is inflicted upon
gan rape.
a natural person by the State for the trans-
gression of a law or ordinance. 2. It signifies Penitentiary. A prison for people convicted of
pain. In its juridical sphere, it means the suf- serious crimes.
fering undergone, bec. of the action of so-
Penology. 1. The science of prison manage-
ciety, by one who commits a crime. [Gre-
ment and rehabilitation of criminals. The var-
ious means of fighting crimes as regards
Ed., p. 199].
penalties and other measures of security.
Penalty charges. Such amount, in addition to [Gregorio, Fund. of Crim. Law Rev., 1997 9th
interest, imposed on the credit card holder Ed., p. 15].
for non-payment of an account within a pre-
Pension. 1. To a public servant, it is not a
scribed period. [Sec. 3, RA 8484].
gratuity but rather a form of deferred com-
Pendency. The state or time of being pending, pensation for services performed and his
undecided, or undetermined. right to it commences to vest upon his entry
into the retirement system and becomes an
Pendente lite. Lat. During litigation. For ex-
enforceable obligation in court upon fulfill-
ample, if the validity of a will is challenged, a
ment of all conditions under which it is to be
court might appoint an administrator pen-
paid. [Profeta v. Drilon, GR 104139. Dec.
dente lite with limited powers to do such
22, 1992]. 2. It is a gratuity only when it is
things as may be necessary to preserve the
granted for services previously rendered,
assets of the deceased until a hearing can
and which at the time they were rendered
be convened on the validity of the will. An-
gave rise to no legal obligation. [Pirovano v.
other example is an injunction pendente lite,
Dela Rama Steamship, Co. GR L-5377.
to last only during the litigation and, again,
Dec. 29, 1954].
designed simply to preserve something until
the decisive court order is issued. Pensioner. 1. An SSS or GSIS member who
receives pensions therefrom. [Sec. 1, RA
Pending. 1. Adj. Awaiting decision or settle-
9241]. 2. Any person who receives old-age
ment. 2. Prep. Until something happens or
or disability pension whether in lump sum or
takes place.
otherwise [Sec. 2, PD 1146].
Pending petition. In the SEC, an ongoing
People. 1. Pol. Law. A body politic; the quali-
adjudication and full-blown hearing on the
fied voters granted the right to vote by the
merits of the corp.‘s claim for suspension of
existing Consti. and who therefore are "the
payments.
sole organs through which the will of the
Penetration. The sex organ of the male en- body politic can be expressed.‖ [Javellana v.
ter[ing] the sexual organ of the female. [Cal- Exec. Sec., GR L-36142. Mar. 31, 1973]. 2.
houn v. State, 115 S.W. 265]. The slightest Intl. Law. The inhabitants of a state. They
penetration is enough for conviction in the are regarded as a single unit and must
crime of rape. [People v. Selfaison, GR L- come from both sexes as to be able to per-
14732 Jan. 28, 1961]. petuate themselves. [Cruz, Intl. Law Re-
viewer, 1996 Ed., p. 36].
Penile. Of, relating to, or affecting the penis.
People power revolution. The Feb. 1986
Penile rape. [A crime] committed when the
revolution, a relatively peaceful one, where
accused has carnal knowledge of the victim the Fil. people tore themselves away from
by force, threat or intimidation, or when the an existing regime. This revolution also saw
victim is deprived of reason or is uncon-
the unprecedented rise to power of the

715
Aquino govt. [In Re: Puno, AM 90-11-2697- Per curiam. Lat. By the court. An opinion
CA. June 29, 1992]. which expresses the decision in the case
but which does not identify the judge who
People’s initiative. Consti. Law. The power of
wrote it.
the people to propose amendments to the
Consti., or to propose and enact legislations Per curiam decision. An opinion of the Court
through an election called for the purpose. as a whole, there being no ponente although
[Suarez, Pol. Law Reviewer, 1st Ed., 2002, any member of the Court may be assigned
p. 16]. to write the draft. [Prudential Bank v. Castro,
AC 2756. Mar. 15, 1988].
People's organization (PO). 1. A bonafide
assoc. of citizens with demonstrated capaci- Per curiam opinion. An unsigned opinion of
ty to promote the public interest and with the court.
identifiable leadership, membership and
Per diem. A daily allowance given for each
structure. Its members belong to a sector/s
day an officer or employee was away from
who voluntarily band themselves together to
his home base. [Lexal Laboratories v. Natl.
work for and by themselves for their own up-
Chemical Industries Workers Union, GR L-
liftment, development and greater good.
24632. Oct. 26, 1968].
[Sec. 4, RA 8550]. 2. A self-help group be-
longing to the basic sectors and/or disad- Per Diems. The compensation granted to
vantaged groups composed of members members of the BoD or BoT of a GOCC for
having a common bond of interest who vol- actual attendance in meetings. [Sec. 3, RA
untarily join together to achieve a lawful 10149].
common social or economic end. [Sec. 3,
Per stirpes. Lat. By roots or stocks; by repre-
RA 8425].
sentation. Compare with Per capita.
PEP. See Pre-exposure Prophylaxis.
Percentage tax. A business tax imposed on
Peptic ulcer. 1. An ulceration of the mucous persons or entities who sell or lease goods,
membrane of the esophagus, stomach or properties or services in the course of trade
duodenum, caused by the action of the acid or business whose gross annual sales
gastric juice. [It] is most common among and/or receipts do not exceed P750,000 and
persons who are chronically anxious or irri- who are not VAT-registered.
tated, or who otherwise suffer from mental
Perfection (of the contract). [That stage
tension. It occurs about 3 times as often in
men as in women. Symptoms include a pain which] takes place upon the concurrence of
or gnawing sensation in the epigastric re- the essential elements [of the contract]. [Ang
Yu v. CA, GR 109125. Dec. 2, 1994]. Com-
gion. The pain occurs from 1 to 3 hours after
eating, and is usu. relieved by eating or tak- pare with Negotiation and Consummation.
ing an antacid drug. Vomiting, sometimes Perfection of an appeal. Labor. The filing
preceded by nausea, usu. follows a severe within the prescribed period, of the memo-
bout of pain. [GSIS v. Raoet, GR 157038, randum of appeal containing, among others,
Dec. 23, 2009]. 2. A stomach ulcer, an ulcer the assignment of error/s, the argument in
of the duodenum [the 1st part of the small support thereof, the reliefs sought and post-
intestine], or an ulcer in the lower part of the ing of the appeal bond. [Sec. 1, Rule 1,
esophagus (gullet). [Landicho v. WCC, GR Book 5, IRR of LC].
L-45996. Mar. 26, 1979].
Perfidious use. The use of the emblem by a
Per capita. Lat. By the heads or polls; acc. to person with intent to appeal to the good faith
the number of individuals; share and share of an adversary in order to deceive and
alike. Compare with Per stirpes. make the latter believe that the person is en-
titled to receive or is to be conferred the pro-

716
tection provided for by the rules of intl. hu- that the bidder, now the contractor, will faith-
manitarian law. [Sec. 3, RA 10530]. fully comply with the requirements of the
contract awarded to the contractor and
Perfidy. Acts which invite the confidence of an
make good damages sustained by the pro-
adversary to lead him/her to believe he/she
ject owner in case of the contractor's failure
is entitled to, or is obliged to accord, protec-
to so perform. [Eastern Assurance & Surety
tion under the rules of Intl. Humanitarian
Corp. v. IAC, GR 69450. Nov. 22, 1989].
Law, with the intent to betray that confi-
Compare with Proposal bond.
dence, incl. but not limited to: (a) feigning an
intent to negotiate under a flag of truce; (b) Performance budget. Budget which estimates
feigning surrender; (c) feigning incapacita- target revenues and expenses for a given
tion by wounds or sickness; (d) feigning ci- budget period. [Sec. 27, PD 625].
vilian or noncombatant status; and (e) feign-
Performance Evaluation System (PES). The
ing protective status by use of signs, em-
process of appraising the accomplishments
blems or uniforms of the UN or of a neutral
of GOCCs in a given fiscal year based, on
or other State not party to the conflict. [Sec.
set performance criteria, targets and
3, RA 9851].
weights. [Sec. 3, RA 10149].
Perforce. Adv. Necessarily; of necessity; inevi-
Performance for profit. Within the Copyright
tably; unavoidably; by force of circumstanc-
Law, the playing of music in dine and dance
es.
establishment which was paid for by the
Perform. The word applies to one who plays a public in purchases of food and drink. [Fil.
musical composition on a piano, thereby Soc. of Composers, Authors And Publish-
producing in the air sound waves which are ers, Inc. v. Tan, GR L-36402. Mar. 16,
heard as music, and if the instrument he 1987].
plays on is a piano plus a broadcasting ap-
Performance of duties. The legal exercise of
paratus, so that waves are thrown out, not
the functions of the person or his agent in
only upon the air, but upon the other, then
authority.
also he is performing the musical composi-
tion. [Fil. Soc. of Composers, Authors And Performance of illegal marriage ceremony.
Publishers, Inc. v. Tan, GR L-36402. Mar. Crim. Law. The felony committed by priests
16, 1987]. or ministers of any religious denomination or
sect, or civil authorities who shall perform or
Performance. The fulfillment or accomplish-
authorize any illegal marriage ceremony.
ment of a promise, contract, or other obliga-
[Art. 352, RPC].
tion acc. to its terms.
Performance indicator. A predetermined
Performance audit. An audit on the efficiency
measure of the results of an activity against
and effectiveness of the coop. as a whole;
a standard of performance required to
its management and officers; and its various
achieve a set of policy objectives within a
responsibility centers as basis for improving
given period.
individual team or overall performance and
for objectively informing the general mem- Performance scorecard. A governance and
bership on such performance. [Sec. 1, RA management tool forming part of the per-
9520]. formance evaluation system which consists
of a set of measures, targets and. initiatives
Performance bond. 1. A bond in cash, certi-
that facilitate the achievement of break-
fied or cashier's check, or surety, required of
through results and performance through
winning bidders to guarantee performance
the effective and efficient monitoring and
of an order or contract. [IRR on Supply &
coordination of the strategic objectives of
Prop. Mgt., per Sec. 383, LGC]. 2. A bond
the GOCC. [Sec. 3, RA 10149].
designed to afford the project owner security

717
Performance target. A predetermined level of upon the arrival of the period; (c) legal peri-
quantity, quality, timeliness and cost of out- od which is fixed by law; (d) conventional or
puts. voluntary period which is agreed upon by
the parties; and (e) judicial period which is
Performers. Actors, singers, musicians, danc-
fixed by the courts. [Diaz, Bus. Law Rev.,
ers, and other persons who act, sing, de-
1991 Ed., p. 16].
claim, play in, interpret, or otherwise perform
literary and artistic work. [Sec. 202, RA Period for filing a petition for certiorari. The
8293]. 60-day period for filing a petition for certiora-
ri [which] shall be reckoned from the trial
Perils of navigation. It includes only those
court‘s denial of the 1st motion for reconsid-
casualties due to the unusual violence or ex-
eration [considering] that the filing of a 2nd
traordinary action of wind and wave, or to
motion for reconsideration that merely reit-
other extraordinary causes connected with
erates the arguments in the 1st motion is
navigation. See Perils of the seas.
subject to denial. [San Juan, Jr. v. Cruz, GR
Perils of the seas. Also Perils of navigation. 167321, July 31, 2006].
1. All kinds of marine casualties, such as
Periodic payment of plan certificate. (a) Any
shipwreck, foundering, stranding, collision
certificate, investment contract, or other se-
and every specie of damage done to the
curity providing for a series of periodic pay-
ship or goods at sea by the violent action of
ments by the holders, and representing an
the winds or waves. They do not embrace
undivided interest in certain specified securi-
all loses happening on the sea. [Choa Tiek
ties or in a unit or fund of securities pur-
Seng v. CA, GR 84507. Mar. 15, 1990]. 2.
chased wholly or partly with the proceeds of
Extraordinary happenings of the seas, incl.
such payments, and (b) any security the is-
stranding, sinking, collision of the vessel,
suer of which is also issuing securities of the
damage due to unusu. heavy weather. [Ti-
character described in clause (a) and the
opianco, Commentaries & Jurisp. on the Ins.
holder of which has substantially the same
rights and privileges as those which holders
Perils of the ship. A loss which, in the ordi- of securities of the character described in
nary course of events, results from: (a) the said clause have upon completing the peri-
natural and inevitable action of the sea; (b) odic payments for which such securities
the ordinary wear and tear of the ship; or (c) provide. [Sec. 3, RA 2629].
the negligent failure of the ship‘s owner to
Periodical. A publication which appears regu-
provide the vessel with proper equipment to
larly but less often than daily.
convey the cargo under ordinary conditions.
Periodically paid income Income paid from
Period. Length of existence; duration. A point
time to time, whether or not at regular inter-
of time marking a termination as of a cause
vals. The length of time during which the
or an activity; an end, a limit, a bound; con-
payments are to be made may be increased
clusion; termination. A series of years,
or diminished in accordance with someone's
months or days in which something is com-
will or with the happening of an event does
pleted. A time of definite length; the period
not make the payments any the less deter-
from one fixed date to another fixed date.
minable or periodical. [Howden and Co., Ltd.
[Capiral v. Manila Electric Co. Inc., GR L-
v. Coll. of Int. Rev., GR L-19392 Apr. 14,
15721 Dec. 27, 1963].
1965].
Period. Kinds: (a) Suspensive period [ex die]
Peripheral neuritis. A syndrome of sensory
where the obligation begins only from a day
motor, reflect and basomotor reflex symp-
certain upon the arrival of the period; (b)
toms produced by lesion of nerve root on
resolutory period [in diem] in which the obli-
gation takes effect at once but terminates

718
peripheral nerves. [Galanida v. ECC, GR L- Rules, Book V, LC, as amended by PD 626].
70660. Sep. 24, 1987]. 2. The inability of a worker to perform his job
for more than 120 days, regardless of
Perishable. Likely to decay or go bad quickly.
whether or not he loses the use of any part
Perishable goods. Those which decay and of his body. [Oriental Shipmanagement Co.,
lose their value if not speedily put to their in- Inc. v. Bastol, GR 186289. June 29, 2010].
tended use.
Permanent establishment. A fixed place of
Peritonitis. Massive infection, in the ab- business where the enterprise is wholly or
dominal cavity. [People v. Ritter, GR 88582. partly carried on. [Comm. Int. Rev. v. Smart
Mar. 5, 1991]. Communications, Inc. GR 179045-46, Aug.
25, 2010].
Perjury. 1. The willful and corrupt assertion of
falsehood under oath or affirmation adminis- Permanent forest or Forest reserves. Those
tered by authority of law on a material mat- lands of the public domain which have been
ter. [Gregorio, Fund. of Crim. Law Rev., the subject of the present system of classifi-
1997 9th Ed., p. 479]. 2. The criminal offense cation and determined to be needed for for-
of making a false statement under oath. 3. est purposes. [Sec. 3, PD 705].
An intentional lie given while under oath or
Permanent injunction. A court order requiring
in a sworn affidavit.
that some action be taken, or that some par-
Perjury. Elements: (a) Statement in the affida- ty refrain from taking action. It differs from
vit upon material matter made under oath; forms of temporary relief, such as a tempo-
(b) The affiant swears to the truthfulness of rary restraining order or preliminary injunc-
the statements is his affidavit before a com- tion.
petent officer authorized to administer oath;
Permanent partial disability. 1. The injury or
(c) There is a willful and deliberate assertion
sickness the resulting in the employee‘s suf-
of falsehood; and (d) Sworn statement con-
fering from a permanent partial loss of the
taining the falsity is required by law. [People
use of any part of his body. [Crystal Ship-
v. Bautista (C.A., 40 OG 2491)].
ping, Inc. v. Natividad, GR 134028, Dec. 17,
Permanent appointment. Civ. Serv. An ap- 1999]. 2. It accrues or arises when the loss
pointment where the appointee meets all the reduction of earning capacity amounts to
requirements for the position to which he is less than 75% or when the aggregate loss
being appointed, incl. the appropriate eligi- or reduction of earning capacity resulting
bility prescribed. [Amores v. CSC, GR from more than one injury and/or disease-
170093, Apr. 29, 2009]. Compare with amounts to less than 100%, as a result of an
Temporary appointment. irrecoverable anatomical loss. [Sec. 2, PD
1146]. 3. A disability [which is deemed to be]
Permanent crops. Crops which occupy the partial permanent if as a result of the injury
land for a long period of time and do not or sickness the employee suffers a perma-
need to be replaced after each harvest such nent partial loss of the use of any part of his
as fruit trees, shrubs, nuts, etc. These crops
body. [Abaya v. ECC, GR 64255. Aug. 16,
may be productive, which have already 1989].
borne fruits or capable of bearing fruits or
non-productive. Permanent Protection Order (PPO). Protec-
tion order issued by the court after notice
Permanent disability. 1. A disability [that] is and hearing. [Sec. 16, RA 9262]. Compare
[deemed to be] total and permanent if as a
with Temporary Protection Order.
result of the injury or sickness the employee
is unable to perform any gainful occupation Permanent statute. A statute whose operation
for a continuous period exceeding 120 days. is not limited to a particular period of time
[Sec. 2 (b), Rule VII of the Implementing but which continues in force until it is duly al-

719
tered or repealed. E.g.: Labor Code. [Sua- GR L-13846 Aug. 30, 1919]. Compare with
rez, Stat. Con., (1993), p. 95]. Compare with Compulsory counterclaim.
Temporary statute.
Permissive joinder of parties. The act of
Permanent total disability. 1. joining as plaintiffs or being joined as de-
The injury or sickness resulting in the em- fendants in one complaint all persons in
ployee‘s inability to per- whom or against whom any right to relief in
form any gainful occupation for a continuous respect to or arising out of the same trans-
period exceeding 120 days, except as oth- action or series of transactions is alleged to
erwise provided for in Rule X of the Imple- exist, whether jointly, severally, or in the al-
menting Rules of Book V of the LC. [Sec. 2, ternative, where any question of law or fact
Rule VII, Implementing Rules of Book V of common to all such plaintiffs or to all such
the LC]. 2. Disablement of an employee to defendants may arise in the action. [Sec. 6,
earn wages in the same kind of work, or Rule 3, RoC].
work of a similar nature that she was trained
Permit. 1. Not a contract, by its nature, but a
for or accustomed to perform, or any kind of
special privilege. 2. The written authorization
work which a person of her mentality and at-
of the PCA allowing the cutting of coconut
tainment could do. [Tolosa v. ECC, GR
trees.[Sec. 3, RA 8048].
60509, May 8, 1985]. 3. The lack of ability to
follow continuously some substantially gain- Permit to carry firearm outside of resi-
ful occupation without serious discomfort or dence. A written authority issued to a li-
pain and without material injury or danger to censed citizen by the Chief of the PNP
life. [Medina v. ECC, GR 62406, Mar. 22, which entitles such person to carry his/her
1984]. Compare with Temporary total dis- registered or lawfully issued firearm outside
ability. of the residence for the duration and pur-
pose specified in the authority. [Sec. 3, RA
Permissible job contracting. Labor. It exists
10591].
when: (a) the contractor carries on an inde-
pendent business and undertakes the con- Permit to transport firearm. A written authori-
tract work on his own account under his own ty issued to a licensed citizen or entity by
responsibility acc. to his own manner and the Chief of the PNP or by a PNP Regional
method, free from the control and direction Director which entitles such person or entity
of his employer or principal in all matters to transport a particular firearm from and to
connected with the performance of the work a specific location within the duration and
except as to the results thereof; and (b) the purpose in the authority. [Sec. 3, RA 10591].
contractor has substantial capital or invest-
ment in the form of tools, equipment, [ma- Permittee. The holder of an exploration per-
chinery], work premises, and other materials mit. [Sec. 3, RA 7942].
which are necessary in the conduct of his Perpetuities, Rule against. 1. [The rule enun-
business. [Phil. Airlines, Inc. v. NLRC, GR ciated under] Art. 870 of the Civ. Code,
125792 Nov. 9, 1998]. See Job contracting which regards as void any disposition of the
or Subcontracting. testator declaring all or part of the estate in-
Permissive. Allowed but not obligatory; op- alienable for more than 20 years. [Palad v.
tional. Gov. of Quezon, GR L-24302 Aug. 18,
1972]. 2. [The rule which was] designed "to
Permissive counterclaim. A counterclaim give more impetus to the socialization of the
which does not arise out of nor is necessari- ownership of property and to prevent the
ly connected with the subject matter of the perpetuation of large holdings which give
opposing party's claim. It is not barred even rise to agrarian troubles." [Report of the
if not set up in the action. [Lopez v. Gloria, Code Comm., p. 111; Vol. III, Padilla, Civ.
Code Annotated, 1966 Ed., p. 237].

720
Perpetuity. Forever; of unlimited duration. Person in authority. 1. Any person directly
There is a strong bias in the law against vested with jurisdiction, whether as an indi-
things that are to last in perpetuity. Rights vidual or as a member of some court or
that are to last forever are said to hinder governmental corp., board or commission.
commerce as an impediment to the circula- 2. Any person directly vested with jurisdic-
tion of property. That is why there is a rule tion, whether as an individual or as a mem-
against perpetuities. ber of some court or governmental corp.,
board, or commission. A barrio captain and
Persecute. 1. To subject someone to hostility
a barangay chairman shall also be deemed
and ill-treatment, esp. bec. of their race or
a person in authority. In applying the provi-
political or religious beliefs. 2. To harass or
sions of Art. 148 and 151 of the Rev. Penal
annoy someone persistently.
Code, teachers, professors and persons
Persecution. The intl. and severe deprivation charged with the supervision of public or du-
of fundamental rights contrary to intl. law by ly recognized private schools, colleges and
reason of identity of the group or collectivity. universities, and lawyers in the actual per-
[Sec. 3, RA 9851]. formance of their professional duties or on
the occasion of such performance, shall be
Person. 1. Any individual, firm, partnership,
deemed persons in authority. [Art. 152,
corp., company, assoc., joint-stock assoc., RPC, as amended by PD 299 and BP 873].
or body politic, and includes any trustee, re-
ceiver, assignee, or other similar repre- Person liable for tax. A person subject to tax
sentative of these entities. [Sec. 3, RA and properly considered a taxpayer. [CIR v.
9497]. 2. Any individual or partnership or Procter & Gamble Phil. Mfg. Corp., GR
any public or private body, whether corpo- 66838. Dec. 2, 1991].
rate or not, incl. a State or Govt. or its con-
Person of ordinary skill. A person who is
stituent subdivisions. [Sec. 3, RA 9483]. 3.
presumed to: (a) be an ordinary practitioner
Any entity, natural or juridical, incl. among
aware of what was common general
others, a corp., partnership, trust or estate,
knowledge in the art at the relevant date; (b)
joint stock company, assoc., syndicate, joint
have knowledge of all references that are
venture or other unincorporated org. or
sufficiently related to one another and to the
group capable of acquiring rights or entering
pertinent art and to have knowledge of all
into obligations. [Sec 3, RA 9165]. 4. Every
arts reasonably pertinent to the particular
natural or juridical being, susceptible of
problems with which the inventor was in-
rights and obligations or of being the subject
volved; or (c) have had at his disposal the
of legal relations. [Sec. 131, RA 7160]. 5. An
normal means and capacity for routine work
individual, partnership, assoc., corp. or any
and experimentation. [Rules and Regula-
other combination of individuals. [Sec. 3, BP
tions on Inventions, Rule 207].
39]. 6. An individual, trustee, receiver, or
other fiduciary, partnership, corp., business Person with HIV. An individual whose HIV
trust or other assoc., and 2 more persons test indicates, directly or indirectly, that
having a joint or common interest. [Sec. 3, he/she is infected with HIV. [Sec. 4, RA
PD 115]. 8496].
Person aggrieved. [The person] referred to Persona non grata. Lat. An unwelcome per-
under Sec. 1, Rule 65 [of the Rules of Court] son. Intl. Law. A foreign person whose en-
who can avail of the special civil action of tering or remaining in a particular country is
certiorari [being] one who was a party in the prohibited by that country's govt. It is the
proceedings before the lower court. [Tang v. most serious form of censure which one
CA, GR 117204, Feb. 11, 2000]. Also Ag- country can apply to foreign diplomats, who
grieved party. are otherwise protected by diplomatic im-

721
munity from arrest and other normal kinds of dar year. [CSC‘s Guidelines on the use of
prosecution. the rev. SALN form].
Personal. Of, affecting, or belonging to a par- Personal health services. Health Services in
ticular person rather than to anyone else. which benefits accrue to the individual per-
son. These are categorized into inpatient
Personal action. An action brought for the
and outpatient services. [Sec. 1, RA 9241].
recovery of personal property, of the en-
forcement of some contract or recovery of Personal holding company income. The
damages for the commission of an injury the portion of the gross income which consists,
person or property. [Hernandez v. DBP, GR inter alia, of dividends, without any qualifica-
L-31095. June 18, 1976]. Compare with Re- tion at all as to the term dividends, i.e., all
al action. dividends earned by the company whether
or not such dividends have already been
Personal canvass. A mode of procurement
subject to the 10% final tax.
allowed as an exception to public bidding
whereby designated canvassers request Personal information. Any information
price quotations from at least 3 responsible whether recorded in a material form or not,
suppliers in the locality. [IRR on Supply & from which the identity of an individual is
Prop. Mgt., per Sec. 383, LGC]. apparent or can be reasonably and directly
ascertained by the entity holding the infor-
Personal cultivation. 1. Cultivation by the
mation, or when put together with other in-
lessee or lessor in person and/or with the
formation would directly and certainly identi-
aid of labor from within his immediate
fy an individual. [Sec. 3, RA 10173].
household. [Sec. 166, RA 3844]. 2. Cultiva-
tion by the lessee or lessor in person and/or Personal information controller. A person or
with the aid of labor from within his immedi- org. who controls the collection, holding,
ate household, i.e., members of the family of processing or use of personal information,
the lessee or lessor and other persons who incl. a person or org. who instructs another
are dependent upon him for support and person or org. to collect, hold, process, use,
who usu. help him in his activities. [Verde v. transfer or disclose personal information on
Macapagal, GR 151342, June 23, 2005]. his or her behalf. The term excludes: (a) A
person or org. who performs such functions
Personal determination. The exclusive and
as instructed by another person or org.; and
personal responsibility of the issuing judge
(b) An individual who collects, holds, pro-
to satisfy himself of the existence of proba-
cesses or uses personal information in con-
ble cause. In satisfying himself of the exist-
nection with the individual‘s personal, family
ence of probable cause for the issuance of a
or household affairs. [Sec. 3, RA 10173].
warrant of arrest, the judge is not required to
personally examine the complainant and his Personal information processor. Any natural
witnesses. [Soliven v. Makasiar, GR 82585, or juridical person qualified to act as such
14 Nov. 1988]. under [RA 10173] to whom a personal in-
formation controller may outsource the pro-
Personal easement. A restrictive covenant,
cessing of personal data pertaining to a data
annotated on the title, against erecting any
subject. [Sec. 3, RA 10173].
building within a specified distance from a
given line, and constituting a limitation on Personal jurisdiction. Pol. Law. The power of
ownership, imposed by the party transmit- jurisdiction of the state over its nationals,
ting property by contract or imposed by the which may be exercised by the state even if
owner itself. the individual is outside the territory of the
state. [Suarez, Pol. Law Reviewer, 1st Ed.,
Personal expenses. The amount of personal
2002, p. 34].
expenses incurred for the preceding calen-

722
Personal liability. Corp. Law. Personal liability ing personally a copy thereof to the party or
of a corporate director, trustee or officer his counsel, or by leaving it in his office with
along [although not necessarily] with the his clerk or with a person having charge
corp. may so validly attach, as a rule, only thereof. If no person is found in his office, or
when: (a) he assents: (a.1) to a patently un- his office is not known, or he has no office,
lawful act of the corp., or (a.2) for bad faith, then by leaving the copy, bet. the hours of 8
or (a.3) for conflict of interest, resulting in in the morning and 6 in the evening, at the
damages to the corp., its stockholders or party's or counsel's residence, if known, with
other persons; (b) he consents to the issu- a person of sufficient age and discretion
ance of watered stocks or who, having then residing therein. [Sec. 6, Rule 13,
knowledge thereof, does not forthwith file RoC].
with the corporate secretary his written ob-
Personal service of summons. Handing a
jection thereto; (c) he agrees to hold himself
copy of the summons to the defendant in
personally and solidarily liable with the
person, whenever practicable, or, if he re-
corp.; or (d) he is made, by a specific provi-
fuses to receive and sign for it, by tendering
sion of law, to personally answer for his cor-
it to him. [Sec. 6, Rule 14, RoC].
porate action. [Tramat Mercantile, Inc. v.
CA, GR 111008. Nov. 7, 1994]. Personal Services (PS). Provisions for the
payment of salaries, wages and other com-
Personal novation. Also Subjective nova-
pensation (e.g., merit, salary increase, cost-
tion. The extinguishment of an obligation by
of-living-allowances, honoraria and com-
a subsequent one which terminates it, either
mutable allowances) of permanent, tempo-
by substituting a new debtor in place of the
rary, contractual, and casual employees of
old one, or by subrogating a 3rd person to
the govt.
the rights of the creditor. [Caned v. CA, GR
81322. Feb. 5, 1990]. Compare with Real Personal servitude. A servitude constituted
novation or Objective Novation. not in favor of a particular tenement (a real
servitude) but rather, for the benefit of the
Personal penalties. The service of personal
general public. In a personal servitude, there
or imprisonment penalties. [Petralba v.
is therefore no owner of a dominant tene-
Sandiganbayan, GR 81337, 16 Aug. 1991].
ment to speak of, and the easement per-
Compare with Pecuniary penalties.
tains to persons without a dominant estate,
Personal property. 1. Prop. Anything a per- in this case, the public at large. [Solid Manila
son owns other than real estate. 2. This in- Corp. v. Bio Hong Trading, GR 90596. Apr.
cludes jewelry, appliances, furniture, motor 8, 1991].
vehicles and other tangible properties.
Personal tax. Tax of fixed amount upon all
[CSC‘s Guidelines on the use of the rev.
persons of a certain class within the jurisdic-
SALN form].
tion without regard to property, occupation
Personal recognizance. In criminal proceed- or business in which they may be engaged.
ings, the pretrial release of a defendant
Personal union. Intl. Law. It comes into being
without bail upon his promise to return to
when 2 or more states are brought together
court. See also Recognizance.
under the same monarch, who nevertheless
Personal representative. The person who does not constitute one intl. person for the
administers an estate. If named in a will, that purpose of representing all of them. [Cruz,
person's title is an executor. If there is no Intl. Law Reviewer, 1996 Ed., p. 14]. Com-
valid will, that person's title is an administra- pare with Real union.
tor.
Personality. The combination of characteris-
Personal service of pleadings and other tics or qualities that form an individual's dis-
papers. Service of papers made by deliver- tinctive character.

723
Personality disorders. Long-standing, inflexi- ganically part of the PC, the INP, the AFP or
ble ways of behaving that are not so much the CHDF so long as it is shown that the
severe mental disorders as dysfunctional group was organized, funded, supplied with
styles of living. These disorders affect all ar- equipment, facilities and/or resources,
eas of functioning and, beginning in child- and/or indoctrinated, controlled and/or su-
hood or adolescence, create problems for pervised by any person acting in an official
those who display them and for others. [Te capacity and/or agent of the State as de-
v. Yu-Te, GR 161793, 13 Feb. 2009, p. 25]. fined in RA 10368; (b) Any member of the
civil service, incl. persons who held elective
Personalty. 1. A person's personal, movable
or appointive public office at any time from
property. 2. Movables; chattel; personal es-
Sep. 21, 1972 to Feb. 25, 1986; (c) Persons
tate.
referred to in Sec. 2(a) of EO 1, creating the
Personnel. People employed in an org. or Presidential Commission on Good Govt.
engaged in an organized undertaking. (PCGG), issued on Feb. 28, 1986 and relat-
ed laws by then Pres. Corazon C. Aquino in
Personnel action. The movement of person- the exercise of her legislative powers under
nel in the civil service and includes appoint- the Freedom Consti., incl. former Pres. Fer-
ment through certification, promotion, trans-
dinand E. Marcos, spouse Imelda R. Mar-
fer, reinstatement, re-employment, detail, cos, their immediate relatives by consan-
reassignment, demotion, and separation. guinity or affinity, as well as their close rela-
[Cruz v. CA, GR 119155. Jan. 30, 1996]. tives, associates, cronies and subordinates;
Personnel officer. The highest Administrative and (d) Any person or group/s of persons
Officer or Human Resource Management acting with the authorization, support or ac-
Officer in the unit, section or department quiescence of the State during the Marcos
and/or agency or any person acting in such regime. [Sec. 3, RA 10368].
capacity as authorized by the head of office.
Persons primarily liable on instrument.
[CSC Circ. 43-91]. Nego. Inst. The person who, by the terms of
Personnel or Staff of illegal numbers game the instrument, is absolutely required to pay
operation. Any person, who acts in the in- the same. All other parties are "secondarily"
terest of the maintainer, manager or opera- liable. [Sec. 192, NIL].
tor, such as, but not limited to, an account-
Persons with disabilities (PWDs). 1. Quali-
ant, cashier, checker, guard, runner, table fied voters who have long-term physical,
manager, usher, watcher, or any other per- mental, intellectual or sensory impairments
sonnel performing such similar functions in a
which in interaction with various barriers
building structure, vessel, vehicle, or any may hinder their full and effective participa-
other place where an illegal numbers game tion in the electoral processes on an equal
is operated or conducted. [Sec. 2, RA 9287]. basis with others. [Sec. 2, RA 10366]. 2.
Persons acting in an official capacity Those who are suffering from restriction or
and/or Agents of the State. The following different abilities, as a result of a mental,
persons [who are] deemed persons acting in physical, or sensory impairment to perform
an official capacity and/or agents of the an activity in the manner or within the range
State under RA 10368: (a) Any member of considered normal for a human being. [Sec.
the former Phil. Constabulary (PC), the for- 4, RA 9710].
mer Integrated Natl. Police (INP), the Armed
PES. See Performance Evaluation System.
Forces of the Phils. (AFP) and the Civilian
Home Defense Force (CHDF) from Sep. 21, Pesada. 1. A document containing details of
1972 to Feb. 25, 1986 as well as any civilian the transaction, incl. the date of sale, the
agent attached thereto; and any member of weight of the crop delivered, the trucking
a paramilitary group even if one is not or- cost, and the net price of the crop. [Tan

724
Shuy v. Maulawin, GR 190375, Feb. 8, course of action for the court to consider
2012]. 2. A receipt issued by copra dealer [e.g., payment of damages to the plaintiff].
for the purchase of coconut and copra.
Petition for a writ of possession. Rem. Law.
Peso.The currency of the Phils. It is subdivid- The proceeding in a petition for a writ of
ed into 100 centavos (Tag. sentimo). Before possession is ex parte and summary in na-
1967, as a former colony of the US, the lan- ture. It is a judicial proceeding brought for
guage used on banknotes and coins was the benefit of one party only and without no-
English and so the word "peso" was used. tice by the court to any person adverse of in-
Since the adoption of Filipino language for terest. It is a proceeding wherein relief is
banknotes and coins, the Filipino term "piso" granted without giving the person against
is now used on Phil. money. The peso is whom the relief is sought an opportunity to
usu. denoted by the symbol " ₱". be heard. [Santiago v. Merchants Rural
Bank of Talavera, Inc., GR 147820, 18 Mar.
Peso-denominated transactions. This in-
2005].
volves cash obligations and receipts ex-
pressed in the local currency. Petition for relief from judgment. Rem. Law.
A special remedy in which equity and justice
Pest. A destructive insect or other animal that
justify the grant to give the petitioner a last
attacks crops, food, livestock, etc.
chance to defend his right or protect his in-
Pest infested. A tree severely damaged by terest. It is available only after a decision or
rhino beetle, spike month, caterpillar and judgment from which relief is sought has be-
other destructive insects and animals. [Sec. came final and executory. [Garcia v. CA, GR
3, PCA AO 1-95]. 96141. Oct. 2, 1991].
Pesticide. Any substance or product, or mix- Petition for review. Rem. Law. A verified
ture thereof, incl. active ingredients, adju- petition filed with the CA by a party desiring
vants, and pesticide formulations, intended to appeal from a decision of the RTC ren-
to control, prevent, destroy, repel or mitigate dered in the exercise of its appellate jurisdic-
directly or indirectly, any pest. The term tion. [Sec. 1, Rule 42, RoC].
shall be understood to include insecticide,
Petition for review on certiorari. Rem. Law.
fungicide, bactericide, nematocide, herbi-
A verified petition filed with the Sup. Court
cide, molluscicide, avicide, rodenticide, plant
by a party desiring to appeal from a judg-
regulator, defoliant, desciccant and the like.
ment or final order or resolution of the CA,
[Sec. 3, PD 1144].
the Sandiganbayan, the RTC or other courts
PET. 1. Presidential Electoral Tribunal. 2. whenever authorized by law. The petition
Post-exposure Treatment. shall raise only questions of law which must
be distinctly set forth. [Sec. 1, Rule 45,
Petition. Elec. Law. The written instrument RoC].
containing the proposition and the required
number of signatories. It shall be in a form to Petitioner. 1. The head or executive director
be determined by and submitted to the of a licensed or accredited child-caring or
Comelec. [Sec. 3, RA 6735]. child-placing agency or institution managed
by the govt., LGU, NGO, or provincial, city,
Petition. Rem. Law. The formal, written docu- or municipal Social Welfare Development
ment submitted to a court, and which asks Officer who has actual custody of the minor
for the court to redress what is described in and who files a petition to declare such child
the petition as being an injustice of some legally available for adoption, or, if the child
kind. Petitions set out the facts, identifies the is under the custody of any other individual,
law under which the court is being asked to the agency or institution does so with the
intervene, and ends with a suggested consent of the child's custodian. [Sec. 2, RA

725
9523]. 2. The person filing an action in a processing or refining at a refinery; or (c)
court of orig. jurisdiction. Also, the person any transactions in the products so refined.
who appeals the judgment of a lower [Sec. 3, PD 87].
court. See Respondent.
Petroleum products. Products formed in the
Petroleum. 1. The naturally occurring mixture course of refining crude petroleum through
of compounds of hydrogen and carbon with distillation, cracking, solvent refining and
a small proportion of impurities and shall in- chemical treatment coming out as primary
clude any mineral oil, petroleum gas, hydro- stocks from the refinery such as, but not lim-
gen gas, bitumen, asphalt, mineral wax, and ited to: LPG, naphtha, gasolines, solvent,
all other similar or naturally-associated sub- kerosenes, aviation fuels, diesel oils, fuel
stances, with the exception of coal, peat, bi- oils, waxes and petrolatums, asphalt, bitu-
tuminous shale and/or other stratified min- mens, coke and refinery sludges, or such re-
eral fuel deposits. [Sec. 4, RA 8479]. 2. Any finery petroleum fractions which have not
mineral oil hydrocarbon gas, bitumen, as- undergone any process or treatment as to
phalt, mineral gas and all other similar or produce separate chemically-defined com-
naturally associated substances with the ex- pounds in a pure or commercially pure state
ception of coal, peat, bituminous shale and to which various substances may have
and/or other stratified mineral fuel deposits. been added to render them suitable for par-
[Sec. 3, PD 87]. ticular uses: Provided, That the resultant
product contains not less than 50% by
Petroleum Act of 1949. RA 387, as amended,
weight of such petroleum products. [Sec. 4,
entitled ―An Act to promote the exploration,
RA 8479].
development, exploitation, and utilization of
the petroleum resources of the Phils.; to en- Pettifogger. A petty or underhanded lawyer or
courage the conservation of such petroleum an attorney who sustains a professional live-
resources; to authorize the Sec. Of Agricul- lihood on disreputable or dishonorable busi-
ture And Natural Resources to create an ness. The word has also taken on an com-
Administration Unit and a Technical Board in mon usage definition referring to anyone
the Bu. of Mines; to appropriate funds there- prone to quibbling over details.
for; and for other purposes‖ enacted on
Petty. 1. Of little importance; trivial. 2. Charac-
June 18, 1949.
terized by an undue concern for trivial mat-
Petroleum in commercial quantity. Petrole- ters, esp. in a small-minded or spiteful way.
um in such quantities which will permit its
Petty offense. A minor crime and for which
being economically developed as deter-
the punishment is usu. just a small fine or
mined by the contractor after taking into
short term of imprisonment.
consideration the location of the reserves,
the depths and number of wells required to PFRS. Phil. Financial Reporting Standards
be drilled and the transport and terminal fa- (PFRS).
cilities needed to exploit the reserves which
have been discovered. [Sec. 3, PD 87]. Pharmaceutical. Of or relating to medicinal
drugs
Petroleum operations. Searching for and
obtaining petroleum within the Phils. through Pharmaceutical laboratory. See Drug labor-
drilling and pressure or suction or the like, atory.
and all other operations incidental thereto. It
Pharmaceuticals, proprietary medicines or
includes the transportation, storage, han-
pharmaceutical specialties. Any drug,
dling and sale (whether for export or for do-
preparation or mixture of drugs marked un-
mestic consumption) of petroleum so ob-
der a trade name and intended for the cure,
tained but does not include any: (a) trans-
portation of petroleum outside the Phils.; (b)

726
mitigation or prevention of disease in man or establishing a comprehensive HIV or AIDS
animals. [Sec. 42, RA 5921]. monitoring system, strengthening the Phil.
Natl. AIDS Council, and for other purposes‖
Pharmacy or Drug store. A place or estab-
lishment where drugs, chemical products,
active principles of drugs, pharmaceuticals, Philippine air carrier. An air carrier who is a
proprietary medicines or pharmaceutical citizen of the Phils. [Sec. 3, RA 9497].
specialties, devices, and poisons are sold at
Philippine aircraft. An aircraft registered in
retail and where medical, dental and veteri-
the Phils. in accordance with the require-
nary prescriptions are compounded and dis-
ments of RA 9497. [Sec. 3, RA 9497].
pensed. [Sec. 42, RA 5921].
Philippine Amusements and Gaming Cor-
Pharmacy, Practice of. A person shall be
poration (PAGCOR). A govt. corp. created
deemed to be practicing pharmacy who
by virtue of PD 1067-A dated Jan. 1, 1977
shall, for fee, salary, percentage or other
and granted a franchise under PD 1067-B
reward paid or given directly to himself or
also dated Jan. 1, 1977 "to establish, oper-
indirectly through another, prepare or manu-
ate and maintain gambling casinos on land
facture, analyze, assay, preserve, store, dis-
or water within the territorial jurisdiction of
tribute or sell any medicine, drug, chemicals,
the Phils.‖ [Basco v. PAGCOR, GR 91649.
cosmetics, pharmaceuticals, devices or con-
May 14, 1991].
trivances used in pursuance thereof; or ren-
der pharmaceutical service in any office or Philippine Carabao Act of 1992. RA 7307
drug and cosmetic establishment where sci- entitled ―An Act creating the Phil. Carabao
entific, technological or professional Center to propagate and promote the Phil.
knowledge of pharmacy is applied; or en- carabao and for other purposes‖ enacted on
gage in teaching scientific, technological or Mar. 27, 1992.
professional pharmacy subject in a college
Philippine Charity Sweepstakes Of-
of pharmacy; or conduct or undertake scien-
tific pharmaceutical research for biological fice (PCSO). One of the GOCCS authorized
and bacteriological testings and examina- to raise funds and provide additional reve-
tions. [Sec. 23, RA 5921]. nues through number games or lotteries for
the promotion of public health and general
PHIBOR. See Philippine Inter Bank Offered welfare. It was created by virtue of RA 4130,
Rate. the Phil. Charity Sweepstakes Law, replac-
ing the Natl. Charity Sweepstakes.
PhilHealth. Phil. Health Ins. Corp. (PHIC).
Philippine Coast Guard (PCG). A maritime
Philippine Act on Crimes Against Interna-
law enforcement agency operating under
tional Humanitarian Law, Genocide, and
the DOTC. It is involved in the broader en-
Other Crimes Against Humanity. RA 9851
forcement of maritime laws in the country,
entitled ―An Act Defining and Penalizing
esp. against smuggling, illegal fishing, drug
Crimes Against Intl. Humanitarian Law,
trafficking and piracy. It is also involved in
Genocide and Other Crimes Against Hu-
maritime search and rescue (SAR) mis-
manity, Organizing Jurisdiction, Designating
sions, as well as the protection of the marine
Special Courts, and for Related Purposes‖
environment.
Philippine Coconut Authority (PCA). The
Philippine AIDS Prevention and Control Act
sole govt. agency tasked to oversee the de-
of 1998. RA 8504 entitled ―An act promul-
velopment of the coconut and other palm oil
gating policies and prescribing measures for
industry in all its aspects and ensure that the
the prevention and control of HIV or AIDS in
coconut farmers become direct participants
the Phils., instituting a nationwide HIV or
AIDS information and educational program,

727
in, and beneficiaries of, such development tasked with the enforcement of the penal
and growth. [Art. I, Sec. 2, PD 1468]. and regulatory provisions of RA 9165, oth-
erwise known as the Comprehensive Dan-
Philippine corporation. A corp. organized
gerous Drugs Act of 2002.
under Phil. laws at least 60% of the capital
of which is owned and held by citizens of the Philippine Electricity Market Corporation
Phils. [Sec. 3, PD 87]. (PEMC). The Corp. incorporated upon the
initiative of the DOE composed of all Whole-
Philippine Council for Health Research and
sale Electricity Spot Market (WESM) Mem-
Development (PCHRD). One of the sec-
bers and whose BoD will be the PEM Board.
toral planning councils of the DOST which
[Sec. 4, RA 9513].
provides central direction, leadership and
coordination in health science and technolo- Philippine energy plan (PEP). The overall
gy (S&T). [Sec. 3, RA 10532]. energy program formulated and updated
yearly by the DOE for submission to Con-
Philippine Crop Insurance Corporation
gress pursuant to RA 7638. [Sec. 4, RA
(PCIC). A GOCC which provides insurance
9136].
protection to the country's agricultural pro-
ducers, particularly the subsistence farmers Philippine Environment Code. PD 1152
against crop losses Arising from natural ca- signed into law on June 6, 1977.
lamities such as typhoons, rising sea levels,
Philippine Extradition Law. PD 1069 entitled
floods, drought, earthquakes, volcanic erup-
―Prescribing the procedure for the extradi-
tions, plant diseases and pest infestation,
tion of persons who have committed crimes
and non-crop agricultural asset losses due
in a foreign country‖ signed into law on Jan.
to perils for which the asset has been in-
13, 1977.
sured against. [Sec. 3, RA 10000].
Philippine Fisheries Code of 1998, The. RA
Philippine Design Competitiveness Act of
8550 entitled ―An Act providing for the de-
2013. RA 10557 entitled ―An Act Promoting
velopment, management and conservation
and Strengthening Filipino Design, Providing
of the fisheries and aquatic resources, inte-
for the Purpose a Natl. Design Policy And
grating all laws pertinent thereto, and for
Renaming the Product Development and
Design Center of the Phils. into the Design
Center of the Phils. and for Other Purposes‖ Philippine flag vessel. A vessel or watercraft
enacted on May 15, 2013. registered under Phil. laws. [Sec. 3, PD
474].
Philippine Disaster Risk Reduction and
Management Act of 2010. RA 10121 enti- Philippine Health Research Ethics Board
tled ―An Act Strengthening the Phil. Disaster (PHREB). The natl. policymaking body on
Risk Reduction and Management System, health research ethics, created under DOST
Providing for the Natl. Disaster Risk Reduc- Special Order 091, which is mandated to
tion and Management Framework and Insti- ensure that all phases of health research
tutionalizing the Natl. Disaster Risk Reduc- shall adhere to the universal ethical princi-
tion and Management Plan, Appropriating ples that value the protection and promotion
Funds Therefor and for Other Purposes‖ of the dignity of health research participants.
enacted on May 27, 2010. [Sec. 3, RA 10532].
Philippine Drug Enforcement Agency Philippine highway. Any road, street, pas-
(PDEA). The lead anti-drugs law enforce- sage, highway and bridges or any part
ment agency, responsible for preventing, in- thereof, or railway or railroad within the
vestigating and combating any dangerous Phils., used by persons or vehicles, or lo-
drugs, controlled precursors and essential comotives or trains for the movement or cir-
chemicals within the Phils. The agency is culation of persons or transportation of

728
goods, articles or property or both. [Sec. 2, prepared by the Natl. Drug Committee of the
PD 532]. DOH in Consultation with experts and spe-
cialists from organized profession medical
Philippine Interior Design Act of 2012. RA
societies, medical academe and the phar-
10350 entitled ―An Act to Regulate and
maceutical industry, and which is updated
Modernize the Practice of the Interior De-
every year. [Sec. 1, RA 9241].
sign in the Phils., Repealing for the Purpose
RA 8534, Otherwise Known as ―An Act Philippine National Health Research Sys-
Regulating the Practice of Interior Design in tem (PNHRS). A framework anchored on
the Phils.‖, Appropriating Funds Therefor the principles of Essential Natl. Health Re-
and for Other Purposes‖ enacted on Dec. search on inclusiveness, participation, quali-
17, 2012. ty, equity, efficiency and effectiveness,
which connect to, and converge with, the
Philippine languages. The indigenous lan-
wider health, economic, political, education-
guages of the Phils., incl. the natl. language
al and S&T systems of the country. [Sec. 3,
and the regional and local languages. [Sec.
RA 10532].
3, RA 7104].
Philippine National Health Research Sys-
Philippine Librarianship Act. RA 6966 enti-
tem Act of 2013. RA 10532 entitled ―An Act
tled ―An Act regulating the practice of librari-
Institutionalizing the Philippine Natl. Health
anship and prescribing the qualifications of
Research System‖ enacted on May 7, 2013.
librarians‖ enacted on Sep. 19, 1990.
Philippine National Oil Company (PNOC).
Philippine Mediation Center (PMC). The key
The govt. agency created pursuant to PD
mediation institution in the Phils., and the
334, as amended.
designated center for court-referred, court
related mediation cases. Philippine National Police (PNP). The natl.
police force of the Rep. of the Phils.. It is
Philippine Medical Care Commission. The
both a natl. and a local police force in that it
Phil. Medical Care Commission created un-
provides all law enforcement services
der RA 6111, as amended. [Sec. 1, RA
throughout the Phils. The PNP, which was a
9241].
result of a merger of the Phil. Constabulary
Philippine Midwifery Act of 1992. RA 7392 (PC) and the Integrated Natl. Police (INP),
entitled ―An Act revising RA 2644, as was activated on Jan. 29, 1991. Its natl.
amended, otherwise known as the Phil. headquarters are based at Camp Crame,
Midwifery Act‖ enacted on Apr. 10, 1992. Quezon City.
Philippine Military Academy (PMA). The Philippine National Police Academy
Phil. military school of the Armed Forces of (PNPA). The premier training academy for
the Phils. (AFP). It was established on Dec. the Phil. Natl. Police (PNP), Bu. of Jail Man-
21, 1936 by the virtue of CA 1 (commonly agement & Protection (BJMP) and Bu. of
known as the Natl. Defense Act). PMA is lo- Fire Protection (BFP). It is located at Camp
cated in Baguio, Benguet province. It is the Gen. Mariano N. Castaneda, Silang, Cavite.
training school for future officers of the AFP.
Philippine National Police Reform and Re-
Philippine Mining Act of 1995. RA 7942 enti- organization Act of 1998. RA 8551 entitled
tled ―An Act instituting a new system of min- ―An Act providing for the reform and reorg.
eral resources exploration, development, uti- of the Phil. Natl. Police and for other pur-
lization, and conservation‖ enacted on Mar. poses, amending certain provisions of RA
3, 1995. 6975 entitled, "An Act establishing the Phil.
Natl. Police under a re-organized Dept. of
Philippine national drug formulary. The the Interior and Local Govt., and for other
essential drugs list for the Phils. which is
purposes‖ enacted on Feb. 25, 1998.

729
Philippine National Railways (PNR). A state- the development of Phil. overseas shipping‖
owned railway operator in the Phils., operat- enacted on May 5, 1992.
ing an extensive railway line in the island of
Philippine passport. 1. An official document
Luzon. As of 2010, it operates 2 commuter
of identity of Phil. citizenship of the holder
rail services in Metro Manila and the Bicol
issued for travel purposes. [Sec. 48, Title 1,
Region.
Chap. I, EO 292]. 2. [An official document]
Philippine national. 1. Phil. national‖ shall issued by the Philippine govt. to its citizens
mean a citizen of the Phils., or a domes- requesting other govts. to allow its holder to
tic partnership or assoc. wholly owned by pass safely and freely, and in case of need,
citizens of the Phils.; or a corp. organized to give him/her aid and protection. [Remo v.
under the laws of the Phils. of which at least Sec. of Foreign Affairs, GR 169202, Mar. 5,
sixty percent [60%] of the capital stock out- 2010
standing and entitled to vote is owned and
Philippine Ports Authority (PPA). A GOCC
held by citizens of the Phils.; or a corp. or-
under the DOTC as an attached agency re-
ganized abroad and registered as doing
sponsible for financing, management and
business in the Phils. under the Corp.
operations of public ports throughout the
Code of which 100% of the capital stock
Phils.
outstanding and entitled to vote is wholly
owned by Filipinos or a trustee of funds for Philippine Psychology Act of 2009. RA
pension or other employee retirement or 10029 entitled ―An Act to Regulate the Prac-
separation benefits, where the trustee is a tice of Psychology Creating for this Purpose
Phil. national and at least 60% of the fund a Professional Regulatory Board of Psy-
will accrue to the benefit of Phil. nationals: chology, Appropriating Funds Therefor and
Provided, That where a corp. and its non- for Other Purposes‖ enacted on Mar. 16,
Filipino stockholders own stocks in a SEC 2010.
registered enterprise, at least 60% of the
capital stock outstanding and entitled to vote Philippine Reports. Abbrev. Phil. Publication
of each of both corps. must be owned and of court decisions of the Sup. Court from
held by citizens of the Phils., in order that 1901 to 1960.
the corp. shall be considered a Phil. nation- Philippine Science High School (PSHS)
al.‖ [Sec. 3, RA 7042, as amended by RA System Act of 1997. RA 8496 entitled ―An
8179]. 2. A citizen of the Phils.; or a partner- Act to establish the Phil. Science High
ship or assoc. wholly owned by and com- School System and providing funds therefor‖
posed of citizens of the Phils.; or a corp. or- enacted on Feb. 12, 1998.
ganized under the laws of the Phils. of which
at least 60% of the capital stock outstanding Philippine Science High Schools (PSHS).
and entitled to vote is owned and held by Secondary schools offering scholarships to
Phil. citizens; or a trustee of funds for pen- deserving students who shall be admitted
sions or other employee retirement or sepa- and trained under a curriculum specially de-
ration benefits, where the trustee is a Phil. signed to prepare them for careers in Sci-
national and at least 60% of the funds will ence and Technology (S&T). [Sec. 4, RA
accrues to the benefit of the Phil. nationals: 8496].
Provided, That where a corp. and its non- Philippine Sports Commission (PSC). The
Filipino stockholders own stock in an enter- Commission created as the top govt. sports
prise, at least 60% of the members of the body by virtue of RA 6847 or ―The Phil.
governing board of both corps. must be Phil. Sports Commission Act‖.
nationals. [Sec. 3, PD 474].
Philippine Sports Commission Act, The. RA
Philippine Overseas Shipping Development 6847 entitled ―An Act creating and establish-
Act. RA 7471 entitled ―An Act to promote ing the Phil. Sports Commission, defining its

730
powers, functions and responsibilities, ap- lagoons, gulfs, bays and seas and other
propriating funds therefor, and for other pur- bodies of water now existing or which may
poses‖ enacted on Jan. 24, 1990. hereafter exist in the provinces, cities, mu-
nicipalities, and barangays and the waters
Philippine Standard Time (PST) Act of 2013,
around, bet. and connecting the islands of
The. RA 10535 entitled ―An Act to Set the
the archipelago regardless of their breadth
Philippine Standard Time (PST) in All Offi-
and dimensions, the territorial sea, the sea
cial Sources Throughout the Country, to
beds, the insular shelves, and all other wa-
Provide Funds for the Installation, Operation
ters over which the Phils. has sovereignty
and Maintenance of Synchronized Time De-
and jurisdiction incl. the 200-nautical miles
vices to be Displayed in Key Public Places
Exclusive Economic Zone and the continen-
and to Declare the 1st Week of Every Year
tal shelf. [Sec. 4, RA 8550]. 2. All bodies of
as Natl. Time Consciousness Week‖ enact-
water, such as but not limited to, seas, gulfs,
ed on May 15, 2013.
bays around, bet. and connecting each of
Philippine Teachers Professionalization Act the Islands of the Phil. Archipelago, irre-
of 1994. RA 7836 entitled ―An act to spective of its depth, breadth, length or di-
strengthen the regulation and supervision of mension, and all other waters belonging to
the practice of teaching in the Phils. and the Phils. by historic or legal title, incl. terri-
prescribing a licensure examination for torial sea, the sea-bed, the insular shelves,
teachers and for other purposes‖ enacted on and other submarine areas over which the
Dec. 16, 1994. Phils. has sovereignty or jurisdiction. [Sec.
3, PD 704; Sec. 1, PD 534; Sec. 2, PD 532].
Philippine Tourism Authority (PTA). The
agency created under PD 189 to implement Philippines Coast Guard Law of 2009. RA
the policies and programs of the DOT. 9993 entitled ―An Act Establishing the Phils.
Coast Guard as an Armed And Uniformed
Philippine Veterans Administration Office
Service Attached to the DOTC, Thereby
(PVAO). The agency created under RA Repealing RA 5173, as Amended, and for
2664 which administers a system of benefits Other Purposes‖ enacted on Feb. 12, 2010.
for Filipino veterans and their dependents.
Philippines shipping companies. Phil. na-
Philippine waters, Classification or Reclas- tionals registered and licensed under the
sification of. The categorization of all water
laws of the Phils. to engage in the business
bodies taking into account, among others, of overseas and/or domestic water transpor-
the following: (a) Existing quality of the body tation. [Sec. 3, PD 474].
of water; (b) size, depth, surface area cov-
ered, volume, direction, rate of flow and Phobia. Legal Med. An excessive, irrational
gradient of stream; (c) most beneficial exist- and uncontrollable fear of a perfectly natural
ing and future use of said bodies of water situation or object. [Olarte, Legal Med., 1st
and lands bordering them, such as for resi- Ed. (2004), p. 150].
dential, agricultural, aquacultural, commer-
Phobic disorders. Legal Med. This involves
cial, industrial, navigational, recreational,
persistent, unrealistic and intense anxiety in
wildlife conservation and aesthetic purpos-
response to specific external situations.
es; and (d) vulnerability of surface and
groundwater to contamination from pollutive
and hazardous wastes, agricultural chemi- Photo. A photograph.
cals and underground storage tanks of pe-
Photo or Video voyeurism. The act of taking
troleum products. [Sec 4, RA 9275].
photo or video coverage of a person or
Philippine waters. 1. All bodies of water with- group of persons performing sexual act or
in the Phil. territory such as lakes, rivers, any similar activity or of capturing an image
streams, creeks, brooks, ponds, swamps, of the private area of a person or persons

731
without the latter's consent, under circum- the place where it was committed, as well as
stances in which such person/s has/have a the facility of access bet. the 2 places. [Peo-
reasonable expectation of privacy, or the act ple v. Mosquerra, GR 129209, Aug. 9,
of selling, copying, reproducing, broadcast- 2001].
ing, sharing, showing or exhibiting the photo
Physical injuries. Bodily injuries. In its generic
or video coverage or recordings of such
sense, the term includes homicide through
sexual act or similar activity through VCD or
reckless imprudence.
DVD, internet, cellular phones and similar
means or device without the written consent Physical injuries inflicted in a tumultuous
of the person/s involved, notwithstanding affray. Crim. Law. The felony committed
that consent to record or take photo or video when in a tumultuous affray as referred to in
coverage of same was given by such per- Art. 251 of the Rev. Penal Code, only seri-
son's. [Sec. 3, RA 9995]. ous physical injuries are inflicted upon the
participants thereof and the person respon-
Photograph. An image, esp. a positive print,
sible thereof cannot be identified. [Art. 252,
recorded by a camera and reproduced on a
RPC].
photosensitive surface.
Physical law. Universal rule of action that
Photographic identification. Proper proce-
governs the conduct and movement of
dure: 1st, a series of photographs must be
things which are non-free and material.
shown and not merely that of the suspect;
[Suarez, Stat. Con., (1993), p. 37].
and 2nd, when a witness is shown a group
of pictures, their arrangement and display Physical neglect. [It occurs] when the child is
should in no way suggest which one of the malnourished, ill-clad, and without proper
pictures pertains to the suspect. [People v. shelter. A child is unattended when left by
Pineda, GR 141644, May 17, 2004]. himself/herself without proper provisions
and/or without proper supervision. [Sec. 2,
Photography. The art or practice of taking and
RA 9523]. Compare with Emotional ne-
processing photographs.
glect.
PHREB. See Philippine Health Research
Physical therapy. The art and science of
Ethics Board.
treatment by means of therapeutic exercis-
Physiatrist. A legally qualified and licensed es, heat, cold, light, water, manual manipu-
physician specializing in the practice of relation, electricity, and other physical agents.
habilitation medicine. [Sec. 2, RA 5680].
Physiatry. The branch of medicine that deals Physical therapy technician. A person, who
with the prevention, diagnosis, and treat- not having acquired a bachelor's degree in
ment of disease or injury, and the rehabilita- Physical Therapy is qualified through in-
tion from resultant impairments and disabili- service training and practical experience to
ties, using physical and sometimes pharma- assist in the application of physiotherapeutic
ceutical agents. procedures and to undertake specific as-
signments as directed by a qualified physi-
Physical. Of or relating to the body as op-
cal therapist in carrying out the prescription
posed to the mind.
of a licensed physician. Such assignments
Physical condition. The tangible state of the shall be confined within the limits of a hospi-
property. [Memo. from the Exec. Sec. dated tal or institution of employment. [Sec. 2, RA
Aug. 20, 1998]. 5680].
Physical impossibility. Crim. Law. [It] refers Physical torture. A form of treatment or pun-
to the distance bet. the place where the ac- ishment inflicted by a person in authority or
cused was when the crime transpired and agent of a person in authority upon another

732
in his/her custody that causes severe pain, Physician’s sample. Medicine given free to
exhaustion, disability or dysfunction of one members of the medical profession by drug
or more parts of the body. Compare withn manufacturers.
Mentakl or Psychological torture.
Physician-patient privilege. This privilege is
Physical torture. Kinds: (1) Systematic beat- intended to facilitate and make safe full and
ing, headbanging, punching, kicking, striking confidential disclosure by the patient to the
with truncheon or rifle butt or other similar physician of all facts, circumstances and
objects, and jumping on the stomach; (2) symptoms, untrammeled by apprehension of
Food deprivation or forcible feeding with their subsequent and enforced disclosure
spoiled food, animal or human excreta and and publication on the witness stand, to the
other stuff or substances not normally eaten; end that the physician may form a correct
(3) Electric shock; (4) Cigarette burning; opinion, and be enabled safely and effica-
burning by electrically heated rods, hot oil, ciously to treat his patient. [Lim v. CA, GR
acid; by the rubbing of pepper or other 91114. Sep. 25, 1992].
chemical substances on mucous mem-
Picket. Labor. To object publicly, on or adja-
branes, or acids or spices directly on the
cent to the employer's premises, to an em-
wound(s); (5) The submersion of the head in
ployer's labor practices, goods or services.
water or water polluted with excrement,
The most common form of picketing is pa-
urine, vomit and/or blood until the brink of
trolling with signs.
suffocation; (6) Being tied or forced to as-
sume fixed and stressful bodily position; (7) Picketing. Labor. The marching to and fro at
Rape and sexual abuse, including the inser- the employer's premises, usu. accompanied
tion of foreign objects into the sex organ or by the display of placards and other signs
rectum, or electrical torture of the genitals; making known the facts involved in a labor
(8) Mutilation or amputation of the essential dispute. [Ilaw at Buklod ng Manggagawa v.
parts of the body such as the genitalia, ear, NLRC, GR 91980. June 27, 1991].
tongue, etc.; (9) Dental torture or the forced
extraction of the teeth; (10) Pulling out of Picture. A visual representation or image
fingernails; (11) Harmful exposure to the el- painted, drawn, photographed, or otherwise
ements such as sunlight and extreme cold; rendered on a flat surface.
(12) The use of plastic bag and other mate- Picture images of the ballot. The image of
rials placed over the head to the point of as- the ballot that the PCOS machine captures
phyxiation; (13) The use of psychoactive at the time voter feeds the ballot into it,
drugs to change the perception, memory. which images is stored in a memory or re-
alertness or will of a person, such as: (i) The moval data storage device attached to the
administration or drugs to induce confession PCOS machines. [The 2010 Rules of the
and/or reduce mental competency; or (ii) PET, Rule 2, AM 10-4-29-SC, May 4, 2010].
The use of drugs to induce extreme pain or
certain symptoms of a disease; and (14) Picul. 1. The customary unit of weight of bulk
Other analogous acts of physical torture. sugar for the purpose of sale. [Yu Tek & Co.
[Sec. 4, RA 9745]. v. Gonzalez, GR 9935. Feb. 1, 1915]. 2. It is
equivalent to 63 Kgs. and a fraction. [Al-
Physical violence. Acts that include bodily or damis v. Leuterio, GR L-3587. Oct. 2, 1907].
physical harm. [Sec. 3, RA 9262].
Piece of work, contract for a. 1. A contract
Physically neglected child. There is physical whereby the contractor binds himself to ex-
neglect when the child is malnourished, ill ecute a piece of work for the employer, in
clad and without proper shelter. [Art. 141, consideration of a certain price or compen-
PD 603]. sation. The contractor may either employ
only his labor or skill, or also furnish the ma-

733
terial. [Art. 1713, CC]. 2. A contract for the fy wrong, protect fraud, or defend crime, or
delivery at a certain price of an article or to confuse legitimate issues, or that a corp.
goods which are to be manufactured spe- is the mere alter ego or business conduit of
cially for the customer and upon his special a person or where the corp. is so organized
order, and not for the general market. [Eng‘g and controlled and its affairs are so con-
& Machinery Corp. v. CA, GR 52267. Jan. ducted as to make it merely an instrumental-
24, 1996]. ity, agency, conduit or adjunct of another
corp. Also known as Disregarding the fic-
Piece-rate. A rate of payment for piecework.
tion of corporate entity or the Doctrine of
Piece-rate workers. Those who are paid on corporate alter ego.
the basis of the number of units produced
Piercing the veil of corporate entity (or fic-
rather than on the time spent in production.
tion). Elements: (a). Control, not mere ma-
Piecework. Work paid for acc. to the amount jority or complete stock control, but com-
produced. plete domination, not only of finances but of
policy and business practice in respect to
Pier. Any structure built into the sea but not the transaction attacked so that the corpo-
parallel to the coast line and includes any rate entity as to this transaction had at the
stage, stair, landing place, landing stage,
time no separate mind, will or existence of
jetty, floating barge or pontoon, and any its own; (b) Such control must have been
bridge or other works connected therewith. used by the defendant to commit fraud or
[Sec. 3, PD 857]. wrong, to perpetuate the violation of a statu-
Pier head line. The limiting line beyond which tory or other positive legal duty, or dishonest
piers may not be extended. [Sec. 3, RA and unjust act in contravention of plaintiff's
4663]. legal rights; and (c) The aforesaid control
and breach of duty must proximately cause
Piercing the corporate veil. The principle that the injury or unjust loss complained of.
the corporate mask may be removed or the [Fletcher Cyc. Corp., p. 490; Ramoso v.
corporate veil pierced when the corp. is just Gen. Credit Corp., SEC AC 295, Oct. 6,
an alter ego of a person or of another corp. 1992].
For reasons of public policy and in the inter-
est of justice, the corporate veil will justifi- Piercing the veil of corporate fiction doc-
ably be impaled only when it becomes a trine. The doctrine under which the corpo-
shield for fraud, illegality or inequity commit- rate existence is disregarded when the corp.
ted against 3rd persons. is formed or used for illegitimate purposes,
particularly as a shield to perpetuate fraud,
Piercing the corporate veil. Tests: (a) Fraud defeat public convenience, justify wrong,
test [when corporate fiction is used to justify evade a just and valid obligation or defend a
a wrong, protect fraud of defend crime]; (b) crime. See also Doctrine of piercing the
Control test; (c) Alter-ego or instrumentality veil of corporate fiction.
test [or conduit cases]; (d) Public conven-
ience or objective test; and (e) Equity cases Pig. An animal commonly known to be eating
test. dirty matters. Calling a man ―pig‖ is libelous.
Piercing the veil of corporate entity. Also Pilapil. Tag. A narrow earthen barrier. [US v.
called as Disregarding the fiction of a Ramos, GR 10832. Dec. 11, 1916].
separate juridical personality of a corp. Pimp (alcahuete). Sp. One who provides
Piercing the veil of corporate entity (or fic- gratification for the lust of others; a procurer;
tion) doctrine. The doctrine used whenever a panderer. [US v. Cruz, GR 13288. Sep.
a court finds that the corporate fiction is be- 25, 1918].
ing used to defeat public convenience, justi-

734
Pinagsamantalahan. Tag. 1. Taken ad- of, by means of violence against or intimida-
vantage of. [Lopez v. People, GR L-47469. tion of persons or force upon things, com-
Dec. 29, 1978]. 2. Abused. [People v. Pal- mitted by any person, incl. a passenger or
ma, GR L-69152. Sep. 23, 1986]. member of the complement of said vessel,
in Phil. waters, shall be considered as pira-
Pindeho. Tag. Cuckold.
cy. The offenders shall be considered as pi-
Pine closed forest. Pure stands of Benguet or rates and punished as hereinafter provided.
Mindoro pine with a crown cover above [Sec. 2, PD 532]. 2. Robbery or forcible dep-
30%. redation on the high seas, without lawful au-
thority and done animo furandi and in the
Pine forest. A forest composed of the Benguet spirit and intention of universal hostility. It is
Pine in the Mountain Provinces or the Min- a crime not against any particular State but
doro pine in Mindoro and Zambales prov- against all mankind. It may be punished in
inces. [Sec. 3, PD 705]. the competent tribunal of any country where
Pine open forest. Pure stands of Benguet or the offender may be found or into which he
Mindoro pine with a crown cover of 10-30%. may be carried. The jurisdiction of piracy un-
like all other crime has no territorial limits.
Pioneer. 1. A person who is among the 1st to [People v. Lol-lo, GR L-17958. Feb. 27,
explore or settle a new country or area. 2. 1922]. Compare with Mutiny.
Pathfinder; initiator; trailblazer.
Pirate. 1. A person who attacks and robs ships
Pioneer enterprise. A registered enterprise at sea. 2. To use or reproduce another's
(a) engaged in the manufacture, processing, work for profit without permission, usu. in
or production, and not merely in the assem- contravention of patent or copyright.
bly or packaging, of goods, products, com-
modities or raw materials that have not been Pirated. Illegally copied, bootleg.
or are not being produced in the Phils. on a Piso. Tag. 1. One peso; Phil. currency. 2. In
commercial scale; or (b) which uses a de-
illegal drug parlance, it means P100. [Peo-
sign, formula, scheme, method, process or ple v. Tranca, GR 110357. Aug. 17, 1994].
system of production or transformation of
any element, substance or raw materials in- Pistol. A hand-operated firearm having a
to another raw material or finished good chamber integral with or permanently
which is new and untried in the Phils.: Pro- aligned with the bore which may be self-
vided, That the final product involves or will loading. [Sec. 3, RA 10591].
involve substantial use and processing of
Placement. [The stage of money laundering
domestic raw materials, whenever available.
that deals with] the physical disposal of the
[Sec. 3, RA 5186].
criminal proceeds. [Sec. 1, Rule 4, RA
Pipe line concession. A concession which 9160]. Compare with Layering and Integra-
grants to the concessionaire the right to pro- tion.
vide and operate pipe line systems for
Placement fees. The amount charged by a
transporting petroleum. [Art. 10, RA 387].
private employment agency from an appli-
Pipeline. A long pipe, typically underground, cant worker for its services in the recruit-
for conveying oil, gas, etc., over long dis- ment and placement of said worker. [Sec. 1,
tances. Rule 1, IRR of LC].
Piracy. 1. Any attack upon or seizure of any Placement officer. A person practising the
vessel, or the taking away of the whole or allied medical profession or discipline spe-
part thereof or its cargo, equipment, or the cialized in psychology of the handicapped
personal belongings of its complement or and whose responsibility is to personally ad-
passengers, irrespective of the value there- vise and guide the disabled individual to ac-

735
ceptance into a job. [Sec. 1, Rule 9, Rules anza v. PLEB, GR 109638. Mar. 31, 1995].
on Employees Compensation]. 2. The valid presumption that the words em-
ployed by the legislature in a statute correct-
Placer. A deposit of sand or gravel in the bed
ly express its intent or will and preclude the
of a river or lake, containing particles of val-
court from construing it differently. The legis-
uable minerals.
lature is presumed to know the meaning of
Placer claim. That which does not come un- the words, to have used words advisedly,
der the definition of Lode mineral claim. and to have expressed its intent by the use
[Sec. 18, PD 464]. of such words as are found in the statute.
[Globe-Mackay Cable and Radio Corp. v.
Placer deposits. Those which are in loose, NLRC, GR 82511. Mar. 3, 1992]. See Verba
fragmentary or broken rocks, boulders, legis non est recedendum.
floats, beds or deposits. [Sec. 18, PD 464].
Plaintiff. 1. The term may refer to the claiming
Plagiarism. The practice of claiming or imply- party, the counter-claimant, the cross-
ing orig. authorship of or incorporating mate-
claimant, or the 3rd [4th, etc.] party plaintiff.
rial from someone else‘s written or creative [Sec. 1, Rule 3, RoC]. 2. A person who
work, in whole or in part, into one‘s own brings an action; the party who complains or
without adequate acknowledgment.
sues in a civil action. See Complainant.
Plagiarize. To copy or take the work or idea of Plan. The plan for securitization as approved
someone else and pass it off as one's own. by the SEC. [Sec. 3, RA 9267].
Plain view. A location or field of perception in Plan of merger or consolidation. A plan
which something is plainly apparent. created by the representatives of the con-
Plain view doctrine. The warrantless search stituent corps., providing for the details of
and seizure, as an incident to a suspect's such merger.
lawful arrest, may extend beyond the person Plan of merger or consolidation. Contents:
of the one arrested to include the premises
(a) Names of corps. involved [constituent
or surroundings under his immediate con- corps.]; (b) Terms and modes of carrying it
trol. Objects in the plain view of an officer out; and (c) Statement of the changes, if
who has the right to be in the position to any, in the present articles of the surviving
have that view are subject to seizure and corp.; or in the articles of the new corp. to
may be presented as evidence. [People v.
be formed in case of consolidation.
Musa, GR 96177. Jan. 27, 1993].
Planholder. Any natural or juridical person
Plain view doctrine. Requisites: (a) The law who purchases pre-need plans from a pre-
enforcement officer in search of the evi-
need company for whom or for whose
dence has a prior justification for an intru- beneficiaries' benefits are to be delivered,
sion or is in a position from which he can as stipulated and guaranteed by the pre-
view a particular area; (b) the discovery of need company. The term includes the
the evidence in plain view is inadvertent; (c) assignee, transferee and any successor-in-
it is immediately apparent to the officer that
interest of the planholder. [Sec. 4, RA 9829].
the item he observes may be evidence of a
crime, contraband or otherwise subject to Plant. To move or plant an item or information
seizure. [Revaldo v. People, GR 170589, at a scene, to seem related to the accused
Apr. 16, 2009]. party and to be used as evidence against
him.
Plain-meaning rule. Also Verba legis. Stat.
Con. 1. The rule that when the words of a Plant pest. Any form of plant or animal life, or
statute are clear, plain and free from ambi- any pathogenic agent, injurious or potential-
guity, it must be given its interpretation. [Fi-

736
ly injurious to plants and/or plant products. tion of the case subject to court approval.
[Sec. 2, PD 1433]. [Black Law Dict., 5th Ed., 1979, p. 1037]. 2.
It usually involves the defendant's pleading
Plant products. Products derived from plants,
guilty to a lesser offense or to only one or
either in their natural state or in manufac-
some of the counts of a multi-count indict-
tured or processed form and are capable of
ment in return for a lighter sentence than
harboring plant pests. [Sec. 2, PD 1433].
that for the graver charge. [People v. Vil-
Plantation agricultural enterprise. One en- larama, GR 99287 June 23, 1992]. 3. A
gaged in agriculture within an area of more process in criminal cases whereby the
than 24 hectares in a locality and/or which accused and the prosecution work out a
employs at least 20 workers. [Sec. 1, Rule mutually satisfactory disposition of the case
7, Book 3, IRR of LC]. subject to court approval. [Daan v.
Sandiganbayan, GR 163972-77, Mar. 28,
Plantation. A tract of agricultural land planted 2008]. 4. The essence of a plea bargaining
to trees or seedlings whether fruit bearing or
agreement is the allowance of an accused
not, uniformly spaced or seeded by broad- to plead guilty to a lesser offense than that
cast methods or normally arranged to allow charged against him. [Gonzales III v. OP,
highest production. [Art. 243, IRR, LGC].
GR 196231, Sep. 4, 2012].
Planted evidence. An item or information Plea of guilty. A judicial confession of guilt -
which has been moved, or planted at a sce- an admission of all the material facts alleged
ne, to seem related to the accused party. It in the information, incl. the aggravating cir-
is not admissible in court. cumstances. [People v. Ariola, GR L-38457
Planter in bad faith. A planter who plants Oct. 29, 1980].
knowing that the land does not belong to Plea of guilty. Requisites of the mitigating
him and he has no right to plant thereon. circumstance of voluntary plea of guilty: (a)
Planting rice. The phrase merely refers to the that the offender spontaneously confessed
setting of the palay seedlings in the ground his guilt; (b) that the confession of guilt was
for growth, and uprooting the seedlings pre- made in open court, that is, before the com-
paratory to transplanting and final harrowing petent court that is to try the case; and (c)
do not constitute part of the work. [Atayde v. that the confession of guilt was made prior
De Guzman, GR L-10578. Mar. 25, 1958]. to the presentation of evidence for the pros-
ecution. [People v. Crisostomo, GR L-32243
Plants. It shall comprise living plants and parts Apr. 15, 1988].
thereof, incl. seeds, cuttings, rhizomes,
bulbs and corns, grafts, leaves, roots, scions Plea of guilty to a lesser offense. That plea
and others that are capable of propagation. which the accused, with the consent of the
[Sec. 2, PD 1433]. offended party and the prosecutor, may be
allowed by the trial court to enter at ar-
Playground. An outdoor area set aside for raignment as to his being guilty to a lesser
recreation and play. See Park. offense which is necessarily included in the
Plea. The 1st pleading by a criminal defend- offense charged. After arraignment but be-
ant, the defendant's declaration in open fore trial, the accused may still be allowed to
court that he is guilty or not guilty. The de- plead guilty to said lesser offense after with-
fendant's answer to the charges made in the drawing his plea of not guilty. No amend-
indictment or information. ment of the complaint or information is nec-
essary
Plea bargaining. 1. In criminal cases, a pro-
cess whereby the accused and the prosecu- Plead. To present and argue for a position,
tion work out a mutually satisfactory disposi- esp. in court or in another public context.

737
Pleadings. 1. The written allegations of the Plunder. A crime committed by public officer
parties of their respective claims and de- who, by himself or in connivance with mem-
fenses submitted to the court for trial and bers of his family, relatives by affinity or
judgment. [Sec. 1, Rule 6, RoC]. 2. That part consanguinity, business associates, subor-
of a party's case in which he formally sets dinates or other persons, amasses, accumu-
out the facts and legal arguments which lates or acquires ill-gotten wealth through a
support that party's position. Pleadings can combination or series of overt criminal acts
be in writing or they can be made verbally to as described in Sec. 1 (d) of RA 7080 in the
a court, during the trial. aggregate amount or total value of at least
P50,000,000.00. The crime is punishable by
Plebiscite. From Lat. plebiscitum: decree of
reclusion perpetua to death. [Sec. 2, RA
the common people. Consti. Law. 1. The
7080, as amended].
electoral process by which an initiative on
the Consti. is approved or rejected by the Plunder. Elements: (a) That the offender is a
people. [Sec. 3, RA 6735]. 2. Vote by which public officer who acts by himself or in con-
all of the people of a state or territory ex- nivance with members of his family, rela-
press an opinion for or against a proposal, tives by affinity or consanguinity, business
esp. a proposal as to the choice of a govt. associates, subordinates or other persons;
Compare with Referendum. (b) That he amassed, accumulated or ac-
quired ill-gotten wealth through a combina-
Pledge. A contract by virtue of which the debt-
tion or series of the following overt or crimi-
or delivers to the creditor or to a 3rd person
nal acts described in Sec. 1 (d) of RA 7080
a movable or a document evidencing incor-
as amended; and (c) That the aggregate
poreal rights for the purpose of securing the
amount or total value of the ill-gotten wealth
fulfillment of a principal obligation, with the
amassed, accumulated or acquired is at
understanding that when the obligation is
least P50 million. [Estrada v. Sandi-
fulfilled, the thing delivered shall be returned
ganbayan. GR 148560, Nov. 19, 2001].
with all its fruits and accessions. [De Leon,
Comments and Cases on Credit Trans., Plurality. In an election contested by more
1999 Ed., p. 322]. Compare with Mortgage. than 2 candidates, this occurs when one
candidate receives the most votes but not
Pledged asset. An asset that is transferred to
necessarily more than half of the votes.
a lender for the purpose of securing debt.
The lender of the debt maintains possession Plurality of crimes. Also Concurso de deli-
of the pledged asset, but does not have tos. This occurs when the actor commits
ownership unless default occurs. various delictual acts of the same or differ-
ent kind. [Gamboa v. CA, GR L-41054. Nov.
Pledging. Offering assets to a lender as col-
28, 1975].
lateral for a loan.
Plurality of subjects. Succ. It means that 2 or
Pleins pouvoirs. Fr. Full powers. See Full
more persons must be instituted as heirs,
powers.
legatees or devisees. [Jurado, Comments &
Plenipotentiary. Lat. Full power. A person Jurisp. on Succ., 1991 8th Ed., p. 459].
who has full power to do something. In intl. Compare with Unity of object.
law, a senior diplomatic officer commis-
Plurality opinion. An opinion to which less
sioned to act for his or her govt. A minister
than a majority agree on the reasoning of
plenipotentiary is one who by custom ranks
the decision, but to which a majority agree
immediately below an ambassador and is of
on the result.
the same rank as an envoy extraordinary.
Plurality vote. A vote in which a candidate
Plot. A measured piece of land. See Lot.
takes more votes than any other candidate
without winning the majority of votes.

738
PMA. See Philippine Miltary Academy. the basis for determining commencement
and termination of contract.
PMC. See Philippine Mediation Center.
Point of Order. A query in a formal debate or
PMC Unit. Phil. Mediation Center Unit.
session of Congress as to whether the cor-
PN. See Promissory note. rect procedure is being followed.
PNB. Philippine Natl. Bank. Point source. Any identifiable source of pollu-
tion with specific point of discharge into a
PNHRS. See Philippine National Health particular water body. [Sec 4, RA 9275]. Pol-
Research System. lution that comes from a specific site. Com-
PNOC. See Philippine National Oil Compa- pare with Non-point-source.
ny. Point-blank. The term refers merely to the aim
PNP. See Philippine National Police. directed straight toward a target and has no
reference to the distance bet. the gun and
PNP law. See Department of the Interior the target. [People v. Trinidad, GR 79123-
and Local Government Act of 1990. 25. Jan. 9, 1989].
PNPA. See Philippine National Police Pointing a dirty finger. [It] ordinarily connotes
Academy. the phrase ―Fuck You,‖ which is similar to
PNR. See Philippine National Railways. the expression ―Puta‖ or ―Putang Ina mo,‖ in
local parlance. [Villanueva v. People, GR
PNR charter. RA 4156, as amended by RA 160351, Apr. 10, 2006].
6366 and PD 741. [Malong v. PNR, GR L-
49930. Aug. 7, 1985]. Point-of-sale (POS). Any location at which an
individual can purchase or otherwise obtain
PNS. Phil. Natl. Standard; consistent with Sec. tobacco products. [Sec. 4, RA 9211].
26 of RA 8749 otherwise known as the 'Phil.
Clean Air Act of 1999. [Sec. 3, RA 9367]. Points or Questions of order. Legislative
devices used in requiring the House or any
PO. See People’s Organization. of its Members to observe its own rules and
Poach. To kill or take an animal or fish from to follow regular or established parliamen-
the property of another. tary procedure. In effect, they are either ob-
jections to pending proceedings as violative
Poaching. Illegally hunting or catching game of some of those rules or demands for im-
or fish on land that is not one's own or is mediate return to the aforementioned par-
under official protection. liamentary procedure. [Arroyo v. De Vene-
Pocket veto. One by which the Pres. secures cia, GR 127255. June 26, 1998].
disapproval of a bill of Congress by mere in- Point-shaving. Any such arrangement, com-
action after the adjournment of Congress. In bination, scheme or agreement by which the
the Phils., an inaction by the Pres. for 30 skill or ability of any player or participant in a
days will result in the passage of the Bill. If game, races or sports contests to make
the Congress is not in session, the Pres. points or scores shall be limited deliberately
must still act in order to veto the bill. in order to influence the result thereof in fa-
Poder. Sp. Power; control; influence. vor of one or other team, player or partici-
pant therein. [Sec. 1, PD 483].
Poder del condado. Sp. Power of the county.
In Lat., Posse comitatus. Poison. Any drug, active principle, or prepara-
tion of the same, capable of destroying life
Point of hire. Labor. The place indicated in or seriously endangering health when ap-
the contract of employment which shall be plied externally to the body or introduced in-

739
ternally in moderate doses. [Sec. 42, RA Police of the state. In a comprehensive
5921]. sense, the term embraces its whole system
of internal regulation for the preservation of
Poisonous. Any substance or materials, ex-
public order and prevention of offenses
cept medicinal drug, either liquid, solid or
against the state. [City Mayor v. Chief, Phil.
gaseous, which through chemical reactions
Constabulary, GR L-20346. Oct. 31, 1967].
kills, injuries or impairs a living organism or
person, and shall include but not limited to Police power. 1. The power inherent in the
alkyl isothiocyanate, ammunition [chemical, State to regulate liberty and property for the
non-explosive but containing Class A, B or promotion of the general welfare. 2. [Ermita-
poison], aniline oil, arsine, bromobenzyle Malate Hotel & Motel Operators Assoc. v.
cyanide, bromoacetone and other similar City Mayor of Manila, GR L-24693 July 31,
substances or materials. [Sec. 5, RA 6235]. 1967]. The state authority to enact legisla-
tion that may interfere with personal liberty
Poisonous substance. Any substance capa-
or property in order to promote the general
ble of destroying life or seriously endanger-
welfare. In its exercise, the State may im-
ing health when applied externally to the
pose appropriate impositions or restraints
body or introduced internally in moderate
upon liberty or property in order to foster the
doses. [Art. 4, RA 7394].
common good. [Edu v. Ericta, GR L-32096
Pole. A long, comparatively slender usu. cylin- Oct. 24, 1970].
drical piece of wood or timber, as typically,
Police power. Essential elements: (a) An
the stem of a small tree stripped of its
imposition of restraint upon liberty or proper-
branches; also, by extension, a similar typi-
ty; and (b) The power is exercised for the
cally cylindrical piece or object of metal or
benefit of the common good. [Agan v. Phil.
the like. An upright standard to the top of
Intl. Air Terminals Co., GR 155001. Jan. 21,
which something is affixed or by which
2004].
something is supported; as a dovecote set
on a pole; telegraph poles; a tent pole; Police power. Requisites: Police power is
sometimes, specifically, a vessel's mast. validly exercised if (a) the interests of the
[Board of Assessment Appeals v. Manila public generally, as distinguished from those
Electric Co., GR L-15334. Jan. 31, 1964, 2nd of a particular class, require the interference
Ed. p. 1907]. of the State, and (b) the means employed
are reasonably necessary to the attainment
Police. An organized civil force for maintaining
of the object sought to be accomplished and
order, preventing and detecting crime, and
not unduly oppressive upon individuals.
enforcing the law. [City Mayor v. Chief, Phil.
[DECS v. San Diego, GR 89572. Dec. 21,
Constabulary, GR L-20346. Oct. 31, 1967].
1989].
Police blotter. A book which records criminal
Policitacion. Sp. Promise; vow. 1. An imper-
incidents reported to the police. [People v.
fect promise; a mere offer. [Ang Yu v. CA,
Panganiban, 20772-CR, Dec. 6, 1979].
GR 109125. Dec. 2, 1994]. 2. An unaccept-
Police line-up. 1. A police identification pro- ed unilateral promise or offer to sell or to
cedure by which the suspect to a crime is buy a thing which creates no juridical effect
exhibited, along with others, before the vic- or legal tie. [Diaz, Bus. Law Rev., 1991 Ed.,
tim or witness to determine if he committed p. 110].
the offense. 2. It is not part of the custodial
Policy. 1. A settled or definite course or meth-
investigation where the suspects had not yet
od adopted and followed by a govt., body, or
been held then to answer for the criminal of-
individual. [Ang-Angco v. Castillo, GR L-
fense with which they were later charged
17169. Nov. 30, 1963]. 2. A contract of in-
and convicted. [People v. Timple, GR
surance.
100391-92. Sep. 26, 1994].

740
Policy of insurance. The written instrument in Phils.; or (b) which advocates, advises, in-
which a contract of insurance is set forth. stigates, or promotes social, political, or reli-
[Sec. 49, IC]. gious dissension, disorder, civil riot, or con-
flict involving the use of force, or the over-
Political activity. Political propaganda or any
throw of the govt. of the Rep. of the Phils.
other activity which seeks in any reasonable
[Sec. 3, BP 39].
degree to prevail upon, indoctrinate, con-
vert, induce, persuade, or in any other way Political question. 1. In ordinary parlance,
influence any agency or official of the Phil. namely, a question of policy. 2. A question
Govt., or any section of the public within the which, under the Consti., is to be decided by
Phils. with respect to the domestic or foreign the people in their sovereign capacity; or in
policies of the Phils., or with respect to the regard to which full discretionary authority
political or public interests, policies, or rela- has been delegated to the legislative or ex-
tions of a foreign govt. or a foreign political ecutive branch of the govt. It is concerned
party. [Sec. 3, BP 39]. with issues dependent upon the wisdom, not
legality, of a particular measure. [Tañada v.
Political consultant. Any person who engag-
Cuenco, GR L-10520 Feb. 28, 1957].
es in informing or advising any other person
on the domestic or foreign policies of the Political question doctrine. [The] well-settled
Phils. or on the political or public interests, doctrine that political questions are not with-
policies, or relations of a foreign govt. or of a in the province of the judiciary, except to the
foreign political party. [Sec. 3, BP 39]. extent that power to deal with such ques-
tions has been conferred upon the courts by
Political law. That branch of public law which
express constitutional or statutory provi-
deals with the org. and operation of the gov-
sions. [Tañada v. Cuenco, GR L-10520,
ernmental organs of the state, and defines
Feb. 28, 1957].
the relation of the state with the inhabitants
of the territory. Political rights. 1. The right to participate,
directly or indirectly, in the establishment or
Political party. 1. An organized group of citi-
administration of govt., the right of suffrage,
zens advocating an ideology or platform,
the right to hold public office, the right of pe-
principles and policies for the general con-
tition and, in general, the rights appurtenant
duct of govt. and which, as the most imme-
to citizenship vis-à-vis the management of
diate means of securing their adoption,
govt. [Simon v. CHR, GR 100150. Jan. 5,
regularly nominates and supports certain of
1994, 6th Ed., 1324]. 2. The power to partici-
its leaders and members as candidates for
pate, directly or indirectly, in the manage-
public office. [Sec. 3, RA 7941]. 2. An orga-
ment of the govt. [Anthony v. Burrow, 129 F
nized group of persons pursuing the same
783]. Compare with Civil rights.
political ideals in a Govt. and includes its
branches and divisions. [Sec. 80, Rev. Elec- Political science. The study of govts., public
tion Code (RA 180]. policies and political processes, systems,
and political behavior.
Political propaganda. Any oral, visual, graph-
ic, written, pictorial, or other communication Political sovereignty. Pol. Law. The sover-
or expression: (a) which seeks in any rea- eignty of the electorate; or in its general
sonable degree to prevail upon, indoctrinate, sense, the sovereignty of the whole body
convert, induce, or in any other way influ- politic. [Suarez, Pol. Law Reviewer, 1st Ed.,
ence a person or any section of the public 2002, p. 35]. Compare with Legal sover-
within the Phils. with respect to the political eignty.
or public interests, policies, or relations of a
Political violence. War, revolution, civil strife,
foreign govt. or a foreign political party or
terrorism, and similar acts that can result in
with respect to the foreign policies of the
injury or loss of property.

741
Politics. The science of govt.; the art or prac- Pollution control technology. Pollution con-
tice of administering public affairs. trol devices or apparatus, processes, or oth-
er means that effectively prevent control or
Poll. The process of voting in an election.
reduce pollution of water caused by efflu-
Poll tax. A tax levied on every adult, without ents and other discharges, from any point
reference to their income or resources. See source at levels within the water pollution
Capitation taxes. standards. [Sec 4, RA 9275].
Pollutant. Any substance, whether solid, liq- Pollution damage. (a) Loss or damage
uid, gaseous or radioactive, which directly or caused outside the ship by contamination
indirectly: (i) alters the quality of any seg- resulting from the escape or discharge of oil
ment of the receiving water body to affect or from the ship, wherever such escape or dis-
tend to affect adversely any beneficial use charge may occur: Provided, That compen-
thereof; (ii) is hazardous or potential haz- sation for impairment of the environment
ardous to health; (iii) imparts objectionable other than loss of profit from such impair-
odor, temperature change, or physical, ment shall be limited to costs of reasonable
chemical or biological change to any seg- measures of reinstatement actually under-
ment of the water body; or (iv) is in excess taken or to be undertaken; and (b) The costs
of the allowable limits, concentrations, or of preventive measures and further loss or
quality standards specified, or in contraven- damage caused by preventive measure.
tion of the condition, limitation or restriction [Sec. 3, RA 9483].
prescribed in RA 9275. [Sec 4, RA 9275].
Polygamous. Having more than one mate at a
Pollution. Any alteration of the physical, time.
chemical and biological properties of any
Polygamy. Being married to more than one
water x x x as will or is likely to create or
person.
render such water x x x harmful, detrimental
or injurious to public health, safety or wel- Polygraph. A lie-detector machine which rec-
fare or which will adversely affect their utili- ords even the slightest variation in blood
zation for domestic, commercial, industrial, pressure, body temperature and respiration
agricultural, recreational or other legitimate as questions are put to, and answers elicited
purposes. [Sec. 2(a), PD 984]. from a subject.
Pollution control device. Any device or appa- Polypropylene. A substance resembling poly-
ratus used to prevent, control or abate the ethelyne which is one of a group of partially
pollution of air caused by emissions from crystalline lightweight thermoplastics used
motor vehicles at levels within the air pollu- chiefly in making fibers, films, and molded
tion control standards established by the and extruded products. [Farolan v. Solmac
natl. Pollution Control Commission. [Sec. 2, Mktg. Corp., GR 83589. Mar. 13, 1991].
PD 1181].
Polyps. 1. Mushroom-shaped growths [that]
Pollution control and infrastructure devic- are usu. benign, but some develop into can-
es. Infrastructure, machinery, equipment cer over time. [Leonis Navigation Co., Inc. v.
and/or improvements used for impounding, Villamater, GR 179169. Mar. 3, 2010]. 2.
treating or neutralizing, precipitating, filter- Benign tumors of the large intestine. [Ibid.].
ing, conveying and cleansing mine industrial
Polytechnic University of the Philippines
waste and tailings as well as eliminating or
(PUP). The state university created under
reducing hazardous effects of solid particles,
and by virtue of PD 1341 which was signed
chemicals, liquids or other harmful byprod-
into law on Apr. 1, 1978.
ucts and gases emitted from any facility uti-
lized in mining operations for their disposal. Pond. A body of still water, natural or artificial,
[Sec. 3, RA 7942]. smaller than a lake; sometimes, by exten-

742
sion, an enclosure for fish in a running RA 6425, as amended. Also notoriously
stream. [Guzman v. Mun. of Taytay, GR known in street parlance as ―shabu.‖ [Peo-
43626. Mar. 7, 1938]. ple v. Lo Ho Wing, GR 88017. Jan. 21,
1991].
Ponente or Opinion writer. A Member of the
Sup. Court assigned to write the opinion of Pork. Short for Pork barrel. It involves funding
the Court immediately upon arriving at a for govt. programs whose economic or ser-
conclusion regarding the issue or issues in vice benefits are concentrated in a particular
the case. [The Internal Rules of the Sup. area but whose costs are spread among all
Court, AM 10-4-20-SC, May 4, 2010]. taxpayers.
Pooling agreement. Also known as Voting Pork barrel. 1. The appropriation of govt.
agreement. An agreement entered into by spending for localized projects secured sole-
and bet. 2 or more stockholders to make ly or primarily to bring money to a repre-
their shares as one unit [e.g.: Shareholders sentative's district. 2. In the Phils., the term
A, B, C, D and E who are holding 50% of is commonly used in politics. Filipino legisla-
the outstanding capital stock enter into a tors are allocated large sums of the annual
pooling agreement to vote for F as a mem- natl. budget [P200 million for each senator
ber of the BoD]. This usu. relates to the and P70 million for each representative] in a
election of directors where parties often pro- program called the Priority Development
vide for arbitration in case of disagreement. Assistance Fund (PDAF) or formerly re-
This does not involve a transfer of stocks ferred to as the Countrywide Develpoment
but is merely a private agreement. [Sec. Fund (CDF). 3. [The term] has gained a de-
100, Corp. Code]. rogatory meaning referring ―to govt. projects
affording political opportunism.‖ [Lawyers
Poor. 1. Members of households identified as
Against Monopoly and Poverty (LAMP) v.
poor through the NHTS-PR by the DSWD or
Sec. of Budget and Management, GR
any subsequent system used by the natl.
164987, Apr. 24, 2012].
govt. in identifying the poor. [Sec. 4, RA
10354]. 2. Individuals and families whose Porn or Porno. Abbrev. of Pornography.
income fall below the poverty threshold as
Pornographic. Designed to arouse lust.
defined by the NEDA and/or cannot afford in
a sustained manner to provide their mini- Pornography. 1. Any representation, through
mum basic needs of food, health, education, publication, exhibition, cinematography, in-
housing and other essential amenities of life. decent shows, information technology, or by
[Sec. 3, RA 8425]. whatever means, of a person engaged in
real or simulated explicit sexual activities or
Poor but deserving students. Those whose
any representation of the sexual parts of a
parents' combined income, together with
person for primarily sexual purposes. [Sec.
their own, if any, does not exceed the annu-
3, RA 10364; Sec. 3, RA 9208]. A depiction
al regional poverty threshold level for a fami-
[as in writing or painting] of licentiousness or
ly of 6 for the preceding year as may be de-
lewdness. A portrayal of exotic behavior de-
termined by the Natl. Economic and Devel-
signed to cause sexual excitement.
opment Authority (NEDA). Employment fa-
cilitation services for applicants to the pro- Port. A place where ships may anchor or tie
gram shall be done by the Public Employ- up for the purpose of shelter, repair, loading
ment Service Office (PESO). [Sec. 1, RA or discharge of cargo, or for other such ac-
9547]. tivities connected with water-borne com-
merce, and incl. all the land and water areas
Poor man's cocaine. Metamphetamine hy-
and the structures, equipment and facilities
drochloride, one of the derivatives of
related to these functions. [Sec. 3, PD 857].
metamphetamine, a regulated drug under

743
Port of call. A place where a ship stops on a Portal cirrhosis. A chronic disease character-
voyage. ized by increased connective tissue that
spreads from the portal spaces, distorting
Port of entry. A port open to both foreign and
liver architecture and impairing liver func-
domestic trade. The term includes principal
tions. [Clemente v. GSIS, GR L-47521. July
ports of entry and subports of entry. [Sec. 2,
31, 1987].
PD 1433].
Porter. A person employed to carry luggage
Port of Inspection. An establishment author-
and other loads, esp. in an airport or a hotel.
ized or designated by the NMIS within a cer-
tain kilometer radius from the port of entry, Porter resolution. Intl. Law. The qualification
wherein inspection and collection of sam- under the Drago doctrine that was later
ples is being conducted prior to its release adopted in the 2nd Hague Conference that
for domestic distribution. [Sec. 4, RA 9296]. the debtor state should not refuse or neglect
to reply to an offer of arbitration, or, after ac-
Port of refuge. A port or place that a vessel
cepting the offer, prevent any compromis
diverts to when her master considers it un-
from being agreed upon, or, after the arbitra-
safe to continue the voyage due to a peril
tion, fail to submit to the award. [Cruz, Intl.
that threatens the common safety
Port of refuge expenses. Mar. Ins. The addi-
Porterage. Services rendered in the carriage
tional expenses incurred in repairing the
or handling of passenger luggages and
damages suffered by a vessel bec. of the
baggages which can be carried by hand and
perils insured against as well as those in-
are not of such weight and number as to re-
curred for saving the vessel from such per-
quire the assistance of loading or unloading
ils, such as the expense of launching or
equipment or machinery or a relatively long
raising the vessel or of towing or navigating
time to undertake.
it into port for her safety. These are items to
be borne by the insurer in addition to a total Portion. That which forms part of the whole.
loss if that afterwards takes place. [Sec. When one speaks of a portion, logically one
163, IC]. of its sides borders the remaining part of the
whole.
Portability. 1. Health Ins. Law. The enable-
ment of a member to avail of Natl. Health POS. See Point-of-sale.
Insurance Program benefits in an area out-
Position. A set of duties and responsibilities,
side the jurisdiction of his Local Health In-
assigned or delegated by competent au-
surance Office. [Sec. 1, RA 9241]. Social
thority and performed by an individual either
Ins. Law. 2. The transfer of funds for the ac-
on full-time or part-time basis. A position
count and benefit of a worker who transfers
may be filled or vacant. [Sec. 3, PD 985].
from one system to the other. [Sec. 2, RA
7699]. Position classification. The grouping of posi-
tions into classes on the basis of similarity of
Portability Law. RA 7699 entitled ―An Act
kind and level of work, and the determina-
instituting limited portability scheme in the
tion of the relative worth of those classes of
social security insurance systems by totaliz-
positions. [Sec. 3, PD 985].
ing the workers' creditable services or con-
tributions in each of the systems‖ enacted Position classification system. A system for
on May 1, 1994. classifying positions by occupational groups,
series and classes, acc. to similarities or dif-
Portal. A website that aggregates a wide va-
ferences in duties and responsibilities, and
riety of content for the purpose of attracting
qualification requirements. It consists of: (a)
a large number of users. [Sec. 5, RA 9184].
classes and class specifications; and (b) the
rules and regulations for its installation and

744
maintenance and for the interpretation, Ed., p. 4]. Compare with Negative evi-
amendment and alternation of the classes dence.
and class specifications to keep pace with
Positive fraud. Also Actual fraud. [It] pro-
the changes in the service and the positions
ceeds from an intentional deception prac-
therein. [Sec. 3, PD 985].
ticed by means of misrepresentation of ma-
Position of trust and confidence. 1. A posi- terial facts. [Gasataya v. Mabasa, GR
tion held by an employee the functions of 148147, 16 Feb. 2007].
which may only be performed by someone
Positive identification. [It] pertains essentially
who has the confidence of management. 2.
to proof of identity and not per se to that of
One where a person is entrusted with confi-
being an eyewitness to the very act of
dence on delicate matters, or with the cus-
commission of the crime. [People v.
tody, handling, or care and protection of the
Gallarde, GR 133025, Feb. 17, 2000].
employer's property. [Lepanto Consolidated
Mining Co. v. CA, GR L-15171 Apr. 29, Positive identification by circumstantial
1961]. evidence. [The type of positive identification
where], although a witness may not have
Positive. Certain; sure; absolute; affirmative.
actually seen the very act of commission of
Positive act of the government. A positive a crime, he may still be able to positively
act declaring land as alienable and disposa- identify a suspect or accused as the perpe-
ble [which] is required, in keeping with the trator of a crime as for instance when the
presumption of State ownership, such as an latter is the person or one of the persons
official proclamation declassifying inaliena- last seen with the victim immediately before
ble public land into disposable land for agri- and right after the commission of the crime.
cultural or other purposes. [Chavez v. PEA, [People v. Gallarde, GR 133025, Feb. 17,
GR 133250, July 9, 2002]. 2000].
Positive adjustment to import competition. Positive identification by direct evidence.
The ability of the domestic industry to com- [The type of positive identification where] a
pete successfully with imports after meas- witness may identify a suspect or accused in
ure, or to the orderly transfer of resources to a criminal case as the perpetrator of the
other productive pursuits; and to the orderly crime as an eyewitness to the very act of the
transition of dislocated workers in the indus- commission of the crime. This constitutes di-
try to other productive pursuits. [Sec. 4, RA rect evidence. [People v. Gallarde, GR
8800]. 133025, Feb. 17, 2000].
Positive credit information. Information or Positive testimony. It is when the witness
data concerning the credit performance of a affirms that a fact did or did not occur. [Ta-
borrower such as, but not limited to, infor- nala v. NLRC, GR 116588. Jan. 24, 1996].
mation on timely repayments or non- Compare with Negative testimony.
delinquency. [Sec. 3, RA 9510].
Positivism. Theory that intl. law is the volun-
Positive easement. An easement which im- tary creation of sovereign states.
poses upon the owner of the servient estate
Posse comitatus. Lat. Power of the county. In
the obligation of allowing something to be
Sp., Poder del condado. The ancient obli-
done or of doing it himself. [Art. 616, CC].
gation of the individual to assist in the pro-
Compare with Negative easement.
tection of the peace and good order of his
Positive evidence. Evidence where the wit- community is still recognized in all well-
ness affirms that a fact did or did not occur. organized governments The power under
[Francisco, Evidence, Vol. VII, Part 1, 1997 which those persons in the state, county, or
town who were charged with the mainte-

745
nance of peace and good order were bound, or object which is identified to be a prohibit-
ex oficio, to pursue and to take all persons ed drug; (b) such possession is not author-
who had violated the law. For that purpose ized by law; and (c) the accused freely and
they might command all the male inhabit- consciously possessed the said drug. (Peo-
ants of a certain age to assist them. [US v. ple v. Dela Cruz, GR 182348, 20 Nov.
Pompeya, GR L-10255 Aug. 6, 1915]. 2008].
Possess. To have or to actually and physically Possession of picklocks or similar tools.
occupy a thing, with or without right Crim. Law. The felony committed by any
person who shall without lawful cause have
Possession. 1. The holding of a thing or the
in his possession picklocks or similar tools
enjoyment of a right. [Art. 523, CC]. 2. A
esp. adopted to the commission of the crime
term to denote the mere fact of physical
of robbery, or by any person who shall make
control over tangible objects.
such tools. [Art. 304, RPC].
Possession. Elements: (a) There must be
Possession of prohibited interest by a pub-
occupancy, apprehension or taking, and (b)
lic officer. Crim. Law. The felony committed
there must be intent to possess. [Yu v.
by a public officer who, directly or indirectly,
Pacleb, GR 130316, Jan. 24, 2007].
shall become interested in any contract or
Possession by tolerance. The occupation by business in which it is his official duty to in-
a person of the land of another at the latter's tervene, or by experts, arbitrators and pri-
tolerance or permission without any contract vate accountants who, in like manner, shall
bet. them. Such person is necessarily bound take part in any contract or transaction con-
by an implied promise that he will vacate nected with the estate or property in ap-
upon demand, failing which a summary ac- praisal, distribution or adjudication of which
tion for ejectment is the proper remedy they shall have acted, and to the guardians
against him. [Arcal v. CA, GR 127850, 26 and executors with respect to the property
Jan. 1998]. belonging to their wards or estate. [Art. 216,
RPC].
Possession in concept of holder. Posses-
sion whereby one possesses as a mere Possession of the status of an illegitimate
holder, or not in the concept of owner, and child. [The fact that] the father has treated
acknowledges in another a superior right the child as his own, directly and not through
which he believes to be ownership, whether others, spontaneously and without conceal-
his belief be right or wrong. [Tolentino, Civ. ment though without publicity [since the rela-
Code of the Phils., Vol. II, Repr. 2001, p. tion is illegitimate]. [Reyes and Puno, Out-
245]. line of Phil. Civil Law, Vol. 1, 1964 Ed., pp.
269-270].
Possession in concept of owner. Posses-
sion whereby the possessor may be the Possession; how acquired. It is acquired by
owner himself or one who claims to be so. the material occupation of a thing or the ex-
[Tolentino, Civ. Code of the Phils., Vol. II, ercise of a right, or by the fact that it is sub-
Repr. 2001, p. 245]. ject to the action of our will, or by the proper
acts and legal formalities established for ac-
Possession in good faith. [It] consists in the quiring such right. [Art. 531, CC].
reasonable belief that the person from
whom the thing is received has been the Possession, how lost. (a) By the abandon-
owner thereof, and could transmit his own- ment of the thing; (b) by an assignment
ership. [Tan v. Ramirez, GR 158929, Aug. 3, made to another either by onerous or gratui-
2010, Art. 1127, CC]. tous title; (c) by the destruction or total loss
of the thing, or bec. it goes out of com-
Possession of dangerous drugs. Elements:
merce; (d) by the possession of another,
(a) The accused is in possession of an item

746
subject to the provisions of Art. 537 of the Possessory lien of the unpaid seller. The
Civ. Code, if the new possession has lasted right of the seller who is in possession of the
longer than one year. But the real right of goods to retain possession of them until
possession is not lost till after the lapse of payment or tender of the price in cases: (a)
10 years. [Art. 555, CC]. where the goods have been sold without
any stipulation as to credit; (b) where the
Possession, preparation and use of prohib-
goods have been sold on credit, but the
ited drugs and maintenance of opium
term of credit has expired; (c) where the
dens. Crim. Law. The felony committed by:
buyer becomes insolvent. [Diaz, Bus. Law
(a) anyone who unless lawfully authorized
Rev., 1991 Ed., p. 126].
shall possess, prepare, administer, or oth-
erwise use any prohibited drug; or (b) any- Possessory title. A land registry title that is
one who shall maintain a dive or resort used for titles based on missing deeds or on
where any prohibited drug is used in any adverse possession.
form, in violation of the law. [Art. 190, RPC].
Post. All Phil. embassies, missions, consu-
Possession, Writ of. The writ of execution lates general and other foreign service es-
employed to enforce a judgment to recover tablishments maintained by the DFA. [Sec.
the possession of land. It commands the 5, RA 7157].
sheriff to enter the land and give possession
Post office. A facility authorized by a postal
of it to the person entitledunder the judg-
system for the posting, receipt, sorting, han-
ment. See Writ of possession.
dling, transmission or delivery of mail.
Possessor. A person who takes, occupies, or
Postage. 1. The sending or conveying of let-
holds something without necessarily having
ters and parcels by mail. 2. The amount re-
ownership, or as distinguished from the
quired to send a letter or parcel by mail.
owner.
Postal code. ZIP code; a code of letters and
Possessor in bad faith. A person in posses-
digits added to a postal address to aid in the
sion of property knowing that his title thereto
sorting of mail.
is defective. [Escritor v. IAC, GR L-71283.
Nov. 12, 1987]. Postal service. Mail; the system whereby
messages are transmitted via the post of-
Possessor in good faith. 1. A possessor who
fice.
is not aware that there exists in his title or
mode of acquisition any flaw which invali- Postal Service Act of 1992. RA 7354 entitled
dates it. [Art. 526, CC]. 2. A person who is ―An Act creating the Phil. Postal Corp., de-
not aware that there exists in his title or fining its powers, functions and responsibili-
mode of acquisition any flaw which invali- ties, providing for regulation of the industry
dates it. [Maneclang v. Baun, GR L-27876. and for other purposes connected therewith‖
Apr. 22, 1992]. enacted on Apr. 3, 1992.
Possessory. Depending on or arising from Postdate. To put a date on a check that is
possession. later than the actual date.
Possessory information title. A prima facie Postdated check. A check delivered now with
evidence of the fact that the possessor of a written date in the future, so that it cannot
the land to which it refers has actual pos- be cashed until that date.
session.
Postdated instrument. A negotiable instru-
Possessory lien. A lien on property, the pos- ment where the date appearing thereon is
session of which has been transferred to a later than the true date of its issuance.
creditor or a representative or agent thereof. Compare with Antedated instrument.
[Sec. 4, RA 10142].

747
Post-disaster recovery. The restoration and Postliminy. Variant of Postliminium.
improvement where appropriate, of facilities,
Posts. The Phil. embassies, consulates, for-
livelihood and living conditions. of disaster-
eign service establishments and other Phil.
affected communities, incl. efforts to reduce
Govt. agencies maintaining offices abroad
disaster risk factors, in accordance with the
and having jurisdiction over the places
principles of "build back better". [Sec. 3, RA
where the overseas voters reside. [Sec. 2,
10121].
RA 10590].
Posted price. The FOB price established by
Post-sentence investigation report. A report
the contractor in consultation with the Petro-
of the Parole and Probation Officer after
leum Board for each grade, gravity and
conducting post sentence investigation and
quality of crude oil offered for sale to buyers
interviews containing the circumstances sur-
generally for export at the particular point of
rounding the offense for which the petitioner
export, which price shall be based upon ge-
was convicted. The findings should be
ographical location, and the fair market ex-
drawn from the court records, police rec-
port values for crude oil of comparable
ords, statement of defendants, the ag-
grade, gravity and quality. [Sec. 3, PD 87].
grieved party and other persons who may
Post-exposure Treatment (PET). An anti- know the petitioner and all other matters
rabies treatment administered after an ex- material to the petition.
posure to rabies, which include local wound
Post-test counseling. The process of provid-
care, rabies vaccine, with or without anti-
ing risk-reduction information and emotional
rabies immunizing agent. [Sec. 3, RA 9482].
support to a person who submitted to HIV
Post-harvest activities. Threshing, drying, testing at the time that the test result is re-
milling, grading, storing, and handling of leased. [Sec. 4, RA 8496].
produce and such other activities as strip-
Post-traumatic stress disorder. Legal Med.
ping, winnowing, chipping and washing.
An anxiety disorder caused by exposure to
[Sec. 4, RA 8435; Sec. 4, RA 7607].
an overwhelming traumatic event in which
Post-harvest facilities. 1. Facilities that in- the person later repeatedly re-experiences
clude, but are not limited to, fishport, fish- the event. [Olarte, Legal Med., 1st Ed.
landing, ice plants and cold storages, fish (2004), p. 137].
processing plants. [Sec. 4, RA 8550]. 2.
Post-trial. Items happening after the trial, i.e.,
Threshers, moisture meters, dryers, weigh-
post-trial motions or post-trial discovery.
ing scales, milling equipment, fish ports, fish
landings, ice plants and cold storage facili- Post-trial motion. A motion which is filed after
ties, processing plants, warehouses, buying the trial is over.
stations, market infrastructure and transpor-
tation facilities. [Sec. 4, RA 8435; Sec. 4, RA Potential animal pest. It shall comprise cer-
7607]. tain species of animal that are liable to be-
come agricultural crop pests such as in-
Postliminium. Intl. Law. The rule by which sects, monkeys, rodents, bats, finches, rab-
persons or things captured in war resume bits, snails and other forms of animal life ca-
their orig. status when restored to the juris- pable of causing injury to agricultural crops.
diction of their own country. [Sec. 2, PD 1433].
Postliminium right. Also Jus postliminium. Potentially infectious medical waste. This
Intl. Law. The right by which persons or includes isolation wastes, infectious agents,
things taken by the enemy are restored to human blood and blood products, pathologi-
the former state on coming actually into the cal wastes, sharps, body parts, contaminat-
power of the nation to which they belong. ed bedding, surgical wastes, and other dis-
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 141]. posable medical equipment and material

748
that may pose a risk to the public health, with the generation, transmission and elec-
welfare or the marine environment. [Sec 4, tric utility companies. [Sec. 4, RA 9136].
RA 9275].
Power of appointment. The President‘s pow-
Potestas delegata non delegari potest. Lat. er to appoint such officials as provided for in
What has been delegated cannot be dele- the Consti. and laws. [Sec. 16, Admin. Code
gated. This doctrine is based on the ethical of 1987].
principle that such as delegated power con-
Power of attorney. 1. A formal instrument
stitutes not only a right but a duty to be per-
authorizing another to act as one's agent or
formed by the delegate through the instru-
attorney. 2. A document which gives a per-
mentality of his own judgment and not
son the right to make binding decisions for
through the intervening mind of another.
another, as an agent. A power of attorney
[Abakada Guro Party List v. Ermita, GR
may be specific to a certain kind of decision
168056 Sep. 1, 2005].
or general, in which the agent makes all ma-
Potestative. Authoritative. jor decisions for the person who is the sub-
ject of the power of attorney.
Potestative condition. 1. A condition, the
fulfillment of which depends upon the sole Power of control. 1. The President‘s control
will of the debtor, in which case, the condi- power over all the executive departments,
tional obligation is void. [Naga Tel. Co., Inc. bureaus, and offices. [Sec. 1, Admin. Code
v. CA, GR 107112. Feb. 24, 1994]. 2. One of 1987]. 2. The power of an officer to alter
which depends upon the will of the debtor. or modify or nullify or set aside what a sub-
[Diaz, Bus. Law Rev., 1991 Ed., p. 10]. ordinate officer has done in the performance
of his duties and to substitute the judgment
Pound. A public enclosure for stray animals.
of the former for that of the latter. [De Villa v.
[Sec. 3, RA 9482].
City of Bacolod, GR 80744. Sep. 20, 1990].
Poverty. The state of being extremely poor. 3. The power [of the Pres.] to revise or re-
verse the acts or decisions of a subordinate
Poverty alleviation. The reduction of absolute officer involving the exercise of discretion.
poverty and relative poverty. [Sec. 3, RA [Rufino v. Endriga, GR 139554, 21 July
8425]. 2006].
POW. See Prisoner of war. Power of inquiry. An essential and appropri-
Power. Authority to do. One has the power to ate auxiliary to the legislative function. A leg-
do something if he is of legal age. Also, islative body cannot legislate wisely or effec-
used as powers, the term refers to authority tively in the absence of information respect-
granted by one person to another, i.e., pow- ing the conditions which the legislation is in-
ers given an executor in a will or an agent in tended to effect or change; and where the
a power of attorney. legislative body does not itself possess the
requisite information - which is not infre-
Power applications. Renewable energy sys- quently true - recourse must be had to oth-
tems or facilities that produce electricity. ers who do possess it. Experience has
[Sec. 4, RA 9513]. shown that mere requests for such infor-
Power development program (PDP). The mation are often unavailing, and also that in-
indicative plan for managing electricity de- formation which is volunteered is not always
mand through energy-efficient programs and accurate or complete; so some means of
for the upgrading, expansion, rehabilitation, compulsion is essential to obtain what is
repair and maintenance of power generation needed. [Arnault v. Nazareno, GR L-3820,
and transmission facilities, formulated and July 18, 1950].
updated yearly by the DOE in coordination

749
Power of review. The power exercised to equipment in power plants, substations and
determine whether it is necessary to correct the like. [Sec. 2, RA 7920].
the acts of the subordinate and to see to it
Power Sector Assets and Liabilities Man-
that he performs his duties in accordance
agement Corp. (PSALM). The corp. orga-
with law. [Phil. Gamefowl Commission v.
nized pursuant to Sec. 49 of RA 9136 and
IAC, GR 72969-70 Dec. 17, 1986].
tasked to undertake the privatization of the
Power of subordinate legislation. The au- assets of the Napocor and the Natl. Trans-
thority to issue rules to carry out the general mission Corp. [Transco] as well as the pri-
provisions of the statute entrusted by the vatization of the management of Napocor's
natl. legislature to administrative agencies, IPP [Independent Power Producer] con-
with the proliferation of specialized activities tracts. [Sec. 4, RA 9136].
and their attendant peculiar problems. [The
Power to change non-immigrant status of
Conference of Maritime Manning Agencies,
aliens. The President‘s power, subject to
Inc. v. POEA, GR 114714, Apr. 21, 1995].
the provisions of law, to change the status of
Power of supervision. The power of a supe- non-immigrants by allowing them to acquire
rior officer to see to it that subordinates per- permanent residence status without neces-
form their functions acc. to law. [De Villa v. sity of visa. [Sec. 9, Admin. Code of 1987].
City of Bacolod, GR 80744. Sep. 20, 1990].
Power to countermand decisions of the
Power of the purse. The spending power Board of Commissioners of the Bureau
which, under the Consti., belongs to Con- of Immigration. The President‘s power to
gress, subject only to the veto power of the countermand the decision of the Board of
Pres. [Phil. Consti. Assoc. v. Enriquez, GR Commissioners which has jurisdiction over
113105. Aug. 19, 1994]. all deportation cases shall become final and
executory after thirty (30) days from promul-
Power over aliens under the general princi-
gation. [Sec. 10, Admin. Code of 1987].
ples of International Law. Such powers as
are recognized by the generally accepted Power to deport. The President‘s power to
principles of intl. law [which] the Pres. shall deport aliens subject to the requirements of
exercise with respect to aliens in the Phils. due process. [Sec. 8, Admin. Code of 1987].
[Sec. 11, Admin. Code of 1987].
Power to direct escheat or reversion pro-
Power over ill-gotten wealth. The President‘s ceedings. The President‘s power to direct
power to direct the Sol. Gen. to institute pro- the Sol. Gen. to institute escheat or rever-
ceedings to recover properties unlawfully sion proceedings over all lands transferred
acquired by public officials or employees, or assigned to persons disqualified under
from them or from their nominees or trans- the Consti. to acquire land. [Sec. 13, Admin.
ferees. The President‘s authority to recover, Code of 1987].
within the period fixed in, or any extension
Power to issue temporary designation. The
thereof authorized by, the Consti., ill-gotten
President‘s power to temporarily designate
properties amassed by the leaders and sup-
an officer already in the govt. service or any
porters of the previous regime and protect
other competent person to perform the func-
the interest of the people through orders of
tions of an office in the executive branch,
sequestration or freezing of assets or ac-
appointment to which is vested in him by
counts. [Sec. 15, Admin. Code of 1987].
law, when: (a) the officer regularly appointed
Power plant. An installation where electrical to the office is unable to perform his duties
power is generated for distribution. by reason of illness, absence or any other
cause; or (b) there exists a vacancy. [Sec.
Power plant design. The planning, specifying,
coordinating and lay-outing of electrical

750
Power to regulate. The power to protect, Practice of law. Any activity, in or out of court,
foster, promote, preserve, and control with which requires the application of law, legal
due regard for the interests, first and fore- procedures, knowledge, training and experi-
most, of the public, then of the utility and of ence. To engage in the practice of law is to
its patrons. [Phil. Communications Satellite perform those acts which are characteristic
Corp. v. Alcuaz, GR 84818 Dec. 18, 1989]. of the profession. Generally, to practice law
is to give advice or render any kind of ser-
Power to reserve lands of the public and
vice that involves legal knowledge or skill.
private domain of the government. The
The practice of law is not limited to the con-
President‘s power to reserve for settlement
duct of cases in court. It includes legal ad-
or public use, and for specific public purpos-
vice and counsel, and the preparation of le-
es, any of the lands of the public domain,
gal instruments and contracts by which legal
the use of which is not otherwise directed by
rights are secured, although such matter
law. The reserved land shall thereafter re-
may or may not be pending in a court. In the
main subject to the specific public purpose
practice of his profession, a licensed attor-
indicated until otherwise provided by law or
ney at law generally engages in 3 principal
proclamation; Also, the President‘s power to
types of professional activity: legal advice
reserve from sale or other disposition and
and instructions to clients to inform them of
for specific public uses or purposes, any
their rights and obligations, preparation for
land belonging to the private domain of the
clients of documents requiring knowledge of
Govt., or any of the Friar Lands, the use of
legal principles not possessed by ordinary
which is not otherwise directed by law, and
layman, and appearance for clients before
thereafter such land shall be used for the
public tribunals which possess power and
purposes specified by such proclamation
authority to determine rights of life, liberty,
until otherwise provided by law. [Sec. 14,
and property acc. to law, in order to assist in
Admin. Code of 1987].
proper interpretation and enforcement of
Power to tax is not the power to destroy law. When a person participates in a trial
while the Sup. Court sits (Holmes dic- and advertises himself as a lawyer, he is in
tum). The reassuring words of Mr. Justice the practice of law. One who confers with
Holmes of the US Sup. Court: "The power to clients, advises them as to their legal rights
tax is not the power to destroy while this and then takes the business to an attorney
Court sits.‖ [Tolentino v. Sec. of Finance, and asks the latter to look after the case in
GR 115455. Aug. 25, 1994]. court, is also practicing law. Giving advice
for compensation regarding the legal status
Power to tax is the power to destroy (Mar- and rights of another and the conduct with
shall dictum). The 1803 dictum of Chief respect thereto constitutes a practice of law.
Justice Marshall of the US Sup. Court that One who renders an opinion as to the prop-
"the power to tax involves the power to deer interpretation of a statute, and receives
stroy.‖ [Sison v. Ancheta, GR L-59431. July
pay for it, is, to that extent, practicing law.
25, 1984]. [Ulep v. Legal Clinic, Bar Matter 553. June
PPA. See Philippine Ports Authority. 17, 1993].
PPO. See Permanent Protection Order. Practicing lawyers. Members of the Phil. Bar
who appear for and in behalf of parties in
Practicable. Possible to practice or perform. courts of law and quasi-judicial agencies,
[Tatad v. Sec. of Energy, GR 124360. Nov. incl. but not limited to the NLRC, NCMB,
5, 1997]. DOLE Regional Offices, DARAB and NCIP.
Practice. The method of performance estab- The term shall exclude: (i) Govt. employees
lished bet. parties by their actions or con- and incumbent elective officials not allowed
duct. by law to practice; (ii) Lawyers who by law

751
are not allowed to appear in court; (iii) Su- use to which the thing loaned should be de-
pervising lawyers of students enrolled in law voted, has been stipulated; or (b) if the use
student practice in duly accredited legal clin- of the thing is merely tolerated by the owner.
ics of law schools and lawyers of NGOs [Art. 1947, CC].
POs like the Free Legal Assistance Group
Precaution. A measure taken in advance to
who by the nature of their work already ren-
prevent something dangerous, unpleasant,
der free legal aid to indigent and pauper liti-
or inconvenient from happening.
gants and (iv) Lawyers not covered under
subpars. (i) to (iii) incl. those who are em- Precautionary. Taken in advance to protect
ployed in the private sector but do not ap- against possible danger or failure.
pear for and in behalf of parties in courts of
law and quasi-judicial agencies. [Proposed Precautionary approach. Intl. Law. Attitude
Rule on Mandatory Legal Aid Service for that states should not delay in taking action
Practicing Lawyers, Sec. 4, BM 2012, Feb. to correct a threat of serious or irreversible
damage to the environment merely bec.
10, 2009].
there is a lack of scientific certainty that inju-
Practising lawyer. One engaged in any activi- ry will result.
ty, in or out of court, which requires the ap-
Precautionary measure. A measure taken in
plication of law, legal procedure, knowledge,
training and experience. advance to prevent something dangerous,
unpleasant, or inconvenient from happening.
Praeter intentionem. Lat. The act went be-
yond the intent. Lack of intention to commit Precautionary principle. [The principle that]
so grave a wrong as that committed. [Nizur- states that when human activities may lead
to threats of serious and irreversible dam-
tado v. Sandiganbayan, GR 107383. Dec. 7,
1994]. age to the environment that is scientifically
plausible but uncertain, actions shall be tak-
PRC. See Professional Regulation Com- en to avoid or diminish that threat. [Rules of
mission. Procedure for Environmental Cases, AM 09-
6-8-SC, Apr. 29, 2010].
Preamble. 1. The key to understanding the
statute, written to open the minds of the Precedent. 1. Decision or principle enunciated
makers to the mischiefs that are to be rem- by a court of competent jurisdiction on a
edied, and the purposes that are to be ac- question of law which does not only serve
complished, by the provisions of the statute. as a guide but also as an authority to be fol-
[Estrada v. Escritor, GR 138924. Aug. 5, lowed by all other courts of equal or inferior
2003]. 2. A preface, an introduction or ex- jurisdiction in all cases involving the same
planation of what is to follow: that clause at question until the same is overruled or re-
the head of acts of congress or other legisla- versed by a superior court. [Suarez, Stat.
tures which explains the reasons why the Con., (1993), p. 40]. 2. Laws established by
act is made. It is also frequently put in con- previous cases which must be followed in
tracts to explain the motives of the contract- cases involving identical circumstances. See
ing parties. Stare decisis.
Preambulatory clauses. The introductory Precepto. Sp. A command which induces one
parts of a statute or deed, stating its pur- to commit a crime. [Aquino, RPC, 1976 Ed.,
pose, aims, and justification usu. written in Vol. 1, p. 431]. Compare with Pacto.
the form of clauses beginning with the word
Precinct. 1. One of several districts into which
―whereas‖.
a city or town is divided for voting; each con-
Precarium. The contractual relation where the tains one polling place. 2. A form of division
bailor may demand the thing at will: (a) if of a geographical area patrolled by a police
neither the duration of the contract nor the force.

752
Precinct Count Optical Scan (PCOS). A ties involving a different cause of action.
technology using an optical ballot scanner, [Borlongan v. Buenaventura, GR 167234,
located in every precinct, that scans or Feb. 27, 2006]. Also called Collateral es-
reads paper ballots that votes mark by hand toppel doctrine.
and are inserted in the scanner to be count-
Predatory. Seeking to exploit or oppress oth-
ed. [The 2010 Rules of the PET, Rule 2, AM
ers.
10-4-29-SC, May 4, 2010].
Predatory pricing. Selling or offering to sell
Precious coral. Skeleton of anthozoan coe-
any oil product at a price below the seller's
lenterate characterized as having a rigid ax-
or offeror's average variable cost for the
is of compact calcareous or horny spicules,
purpose of destroying competition, eliminat-
belonging to the genus corallium as repre-
ing a competitor or discouraging a potential
sented by the red, pink and white corals.
competitor from entering the market: Pro-
[Sec. 3, PD 1219].
vided, however, That pricing below average
Precious metals. Gold, silver, platinum, palla- variable cost in order to match the lower
dium, rhodium, ruthenium, iridium and osmi- price of the competitor and not for the pur-
um. These include alloys of precious metals, pose of destroying competition shall not be
solders and plating chemicals such as rho- deemed predatory pricing. [Sec. 11, RA
dium and palladium plating solutions and 8479].
potassium gold cyanide and potassium sil-
Predecease. Succ. 1. N. Death of an heir
ver cyanide and silver cyanide in salt solu-
before the testator. 2. To die before another
tion. [Sec. 3, RA 10365].
person.
Precious stones. Diamond, ruby, emerald,
Pre-departure loans. Loans granted to de-
sapphire, opal, amethyst, beryl, topaz, and
parting migrant workers covered by new
garnet that are used in jewelry making, incl.
contracts to satisfy their pre-departure re-
those formerly classified as semi-precious
quirements such as payments for placement
stones. [Sec. 3, RA 10365].
or processing fees, airplane fare, subsist-
Precis. A sketchy summary of the main points ence allowance, cost of clothing and pocket
of an argument or theory; abstract. money. [Sec. 30, IRR, RA 8042].
Preclude. To prevent from happening; to Preempt. To take precedence over.
make impossible.
Preemptive. Serving or intended to forestall
Preclusion. Obviation; the act of preventing something, esp. to prevent attack by disa-
something by anticipating and disposing of it bling the enemy.
effectively.
Preemptive right. 1. Prop. A right to acquire
Preclusion of claims. It is governed by Rule certain property in preference to any other
39, Sec. 47(b) of the Rules of Court. [Ki- person. 2. Corp. Law. The preferential right
losbayan v. Morato, GR 118910. July 17, of shareholders to subscribe to all issues or
1995]. See Res judicata. disposition of shares of any class in propor-
tion to their present shareholdings. [Sec. 39,
Preclusion of issues. It is governed by Rule
Corp. Code].
39, Sec. 47(c) of the Rules of Court. [Ki-
losbayan v. Morato, GR 118910. July 17, Preemptive right of a stockholder. The right
1995]. See Conclusiveness of Judgment. of a stockholder to subscribe to all issues or
disposition of share of any class in propor-
Preclusion of issues doctrine. The doctrine
tion to his respective shareholding. [Diaz,
un which issues actually and directly re-
Bus. Law Rev., 1991 Ed., p. 269].
solved in a former suit cannot again be
raised in any future case bet. the same par-

753
Preemptive strike. A surprise attack that is of its dissolution ahead of the common
launched in order to prevent the enemy from stockholders, or such other preferences as
doing it. may be stated in the AOI which are not vio-
lative of the provisions of the Corp. Code.
Pre-entry training. A basic skills training for
[De Leon, Corp. Code of the Phil. Annotat-
immediate entry into the working environ-
ed, 1989 Ed., p. 62]. 2. A share in a compa-
ment. [Sec. 1, Rule 1, Book 2, IRR of LC].
ny that has some kind of special right or
Pre-exposure Prophylaxis (PEP.) Rabies privilege attached to it, such as that it is dis-
vaccination administered before an expo- tinguished from the company‘s common
sure to Rabies to those who are at high risk shares. The most common special right is a
of getting rabies. [Sec. 3, RA 9482]. preference over holders of common shares
when dividends are declared. Another, is for
Preference. [It] signifies priority or higher the preferred shares to be redeemable at
evaluation or desirability; choice or estima- the option of either the holder or the compa-
tion above another. [Sison v. People, GR
ny. Still another might be to disallow voting
170339, 170398-403, Mar. 9, 2010]. rights to preferred shareholders. Compare
Preference of credit. The bestowing upon the with Common share.
preferred creditor an advantage of having
Preferred shares of stock. Shares of stock
his credit satisfied first ahead of other claims issued by any corp. which may be given
which may be established against the debt- preference in the distribution of the assets of
or. [DBP v. Sec. of Labor, GR 79351, 28 the corp. in case of liquidation and in the
Nov. 1989]. distribution of dividends, or such other pref-
Preferential hiring. Labor. A hiring practice by erences as may be stated in the AOI which
the employer that favors a particular group are not violative of the provisions of the
for employment. Corp. Code: Provided, That preferred
shares of stock may be issued only with a
Preferential hiring agreement. Labor. An stated par value. (Sec. 6, Corp. Code].
agreement bet. the employer and the union
whereby the former is obliged to give pref- Pregnancy. An after-the-fact condition of the
erence to the members of the latter who are liaison bet. 2 persons of different sexes.
qualified. However, absent such qualified [People v. Villarin, GR 96950. Jan. 29,
union members will give the employer the 1993].
right to choose those from outside of the Pre-harvest activities. They include, but are
contracting union. [Poquiz, Labor Rel. Law, not limited to, seedbed and land prepara-
1999 Ed. p. 157].
tion, planting, weeding, pest and disease
Preferred cumulative participating share of control, fertilizer application, water man-
stock. Corp. Law. A kind of share which agement and harvesting. [Sec. 4, RA 7607].
gives the holder preference in the payment Pre-harvest facilities. They include, but are
of dividends ahead of common stockholders not limited to, plows, harrows, tractors, rota-
and to be paid the dividends due for prior
vators and sprayers. [Sec. 4, RA 7607].
years and to participate further with com-
mon stockholders in dividend declaration. Prejudice. An adverse judgment or opinion
formed beforehand or without knowledge or
Preferred share. 1. A share which entitles the examination of the facts.
holder thereof to certain preferences over
the holders of common stock. The prefer- Prejudicial. 1. Tending to injure or impair;
ences are designed to induce persons to detrimental. 2. Leading to premature judg-
subscribe for shares of a corp. They may ment or unwarranted opinion.
consist in the payment of dividends or the
distribution of the assets of a corp. in case

754
Prejudicial question. A question which is court where an action is pending to be lev-
based on a fact distinct and separate from ied upon the property or properties of the
the crime but so intimately connected with it defendant therein, the same to be held
that its resolution is determinative of the guilt thereafter by the sheriff as security for the
or innocence of the accused. To justify sus- satisfaction of whatever judgment that might
pension of the criminal action, it must ap- be secured in the said action by the attach-
pear not only that the civil case involves ing creditor against the defendant. [Cuartero
facts intimately related to those upon which v. CA, GR. 102448, Aug. 5, 1992]. See Writ
the criminal prosecution is based but also of preliminary attachment.
that the decision of the issue or issues
Preliminary conference. The term is akin and
raised in the civil case would be decisive of
similar to the provision on "pre-trial" under
the guilt or innocence of the accused. [Apa
the Rev. Rules of Court. Both provisions are
v. Fernandez, GR 112381. Mar. 20, 1995].
essentially designed to promote amicable
Prejudicial question. Elements: (a) The civil settlement or to avoid or simplify the trial.
action involves an issue similar or intimately [Martinez v. Dela Merced, GR 82039. June
related to the issue raised in the criminal ac- 20, 1989].
tion: and (b) the resolution of such issue de-
Preliminary hearing. Also, preliminary exami-
termines whether or not the criminal action
nation. A hearing by a judge to determine
may proceed. [Sec. 5, Rule 111 of RoC; Yap
whether a person charged with a crime
v. Paras; Umali v. IAC, GR L-63198 June
should be held for trial.
21, 1990].
Preliminary injunction. Civ. Pro. 1. An order
Prejudicial question doctrine. The doctrine
granted at any stage of a proceeding prior to
[that] comes into play generally in a situation
the judgment or final order, requiring a party
where civil and criminal actions are pending
or a court, agency, or a person to refrain
and the issues involved in both cases are
from a particular act or acts. [Sec. 1, Rule
similar or so closely related that an issue
58 of RoC]. 2. [It) may be granted at any
must be pre-emptively resolved in the civil
time after the commencement of the action
case before the criminal action can proceed.
and before judgment when it is established
Thus, the existence of a prejudicial question
that the defendant is doing, threatens, or is
in a civil case is alleged in the criminal case
about to do, or is procuring or suffering to be
to cause the suspension of the latter pend-
done, some act probably in violation of the
ing final determination of the former.
plaintiff‘s rights. Del Rosario v. CA, GR
[Quiambao v. Osorio, GR L-48157 Mar. 16,
115106. Mar. 15, 1996].
1988].
Preliminary injunction. Civ. Pro. Requisites
Preliminary attachment. Civ. Pro. The provi-
for issuance: (a) The existence of a right to
sional remedy in virtue of which a plaintiff or
be protected and (b) the acts against which
other proper party may, at the commence-
the injunction is directed are violative of the
ment of the action or at any time thereafter,
right. [Kho v. CA, GR 115758. Mar. 19,
have the property of the adverse party taken
2002].
into the custody of the court as security for
the satisfaction of any judgment that may be Preliminary injunction, Writ of. Civ. Pro. A
recovered. It is a remedy which is purely writ [by the court] issued to preserve the sta-
statutory in respect of which the law requires tus quo ante, upon an applicant‘s showing of
a strict construction of the provisions grant- 2 important requisite conditions; namely: (a)
ing it. [H.B. Zachry Co. Intl. v. CA, GR the right to be protected exists prima facie;
106989. May 10, 1994]. and (b) the acts sought to be enjoined are
violative of that right. It must be proven that
Preliminary attachment, Writ of. Civ. Pro. A
the violation sought to be prevented would
provisional remedy issued upon order of the

755
cause an irreparable injustice. [Los Baños his death, or by any woman whose marriage
Rural Bank, Inc. v. Africa, GR 143994, July shall have been annulled or dissolved, if she
11, 2002], See Writ of preliminary injunc- shall marry before her delivery or before the
tion. expiration of the period of 301 days after the
legal separation. [Art. 351, RPC].
Preliminary investigation. 1. An inquiry or
proceeding for the purpose of determining Premeditacion conocida. Sp. Deliberate
whether there is sufficient ground to engen- premeditation. [US v. Nalua, GR 7311. Aug.
der a well-founded belief that a crime has 5, 1912].
been committed and that the respondent is
Premeditation. A deliberate planning of the
probably guilty thereof, and should be held
crime before executing it. Cool thought and
for trial. [Sec. 1, Rule 112, RoC]. 2. The
reflection which precedes the execution of
means to discover who may be charged with
the criminal act. [People v. Sanchez, GR
a crime, its function being merely to deter-
188610. June 29, 2010].
mine probable cause. [Albaña v. Belo, GR
158734, Oct. 2, 2009]. Premeditation. [Facts which] must be estab-
lished: (a) the time when the accused de-
Preliminary mandatory injunction. Civ. Pro.
termined [conceived] to commit the crime;
An extraordinary remedy to be availed of on-
(b) an overt act manifestly indicating that he
ly where the petitioner has shown: (a) that
clung to his determination to commit the
he has a right which is clear and unmistaka-
crime [kill his victim]; and (c) a sufficient
ble under the law and the facts; (b) that the
lapse of time bet. the decision to commit the
invasion of the right is material and substan-
crime and the execution thereof to allow the
tial; and (c) that there exists an urgent and
accused to reflect upon the consequences
paramount necessity for the issuance of the
of his act. [People v. Herida, GR 127158,
writ to prevent extreme or serious damage.
Mar. 5, 201].
[Villadores v. Encarnacion, GR L-6425. Sep.
30, 1954]. Premium. The amount paid to the insurer as
consideration for insurance. [Tiopianco,
Premature. Occurring or done before the usu-
Commentaries and Jurisp. on the Ins. Code
al or proper time; too early.
of the Phil., 1999 Ed., p. 78].
Premature conversion of agricultural land.
Premium pay. The additional compensation
The undertaking of any development activi-
required by law to be paid to employees for
ty, the results of which modify or alter the
work performed on non-working days, such
physical characteristics of the agricultural
as rest days and special days.
lands to render them suitable for non-
agricultural purposes without an approved Prenda or Mortgage in prenda. A kind of
order of conversion from the DAR. [DAR AO special contract whereby the debtor delivers
01-99]. See Agricultural land, Premature to the creditor the possession of a parcel of
conversion of. land as security for the loan he has obtained
from the latter who enjoys the usufruct.
Premature infants. Infants delivered before
[Rep. v. IAC, GR 74830. July 5, 1993].
the 37th week of gestation with a birth weight
of less than 2,500 grams [Amer.] or 2,275 Pre-need. Something paid in advance for fu-
grams [Filipino]. [People v. Malapo, GR ture use, or a future investment.
123115. Aug. 25, 1998].
Pre-Need Code of the Philippines. RA 9829
Premature marriages. Crim. Law. The felony entitled ―An Act Establishing the Pre-Need
committed by any widow who shall marry Code of the Phils.‖ enacted on Dec. 3, 2009.
within 301 days from the date of the death of
her husband, or before having delivered if Pre-need company. Any corp. registered with
the Insurance Commission and authorized
she shall have been pregnant at the time of

756
or licensed to sell or offer to sell pre-need Preparedness. Pre-disaster actions and
plans. The term "pre-need company" also measures being undertaken within the con-
refers to schools, memorial chapels, banks, text of disaster risk reduction and manage-
nonbank financial institutions and other ment and are based on sound risk analysis
entities which have also been authorized or as well as pre-disaster activities to avert or
licensed to sell or offer to sell pre-need minimize loss of life and property such as,
plans insofar as their pre-need activities or but not limited to, community organizing,
business are concerned. [Sec. 4, RA 9829]. training, planning, equipping, stockpiling,
hazard mapping, insuring of assets, and
Pre-need plans. 1. Contracts, agreements,
public information and education initiatives.
deeds or plans for the benefit of the
This also includes the development or en-
planholders which provide for the perfor-
hancement of an overall preparedness
mance of future service/s, payment of
strategy, policy, institutional structure, warn-
monetary considerations or delivery of other
ing and forecasting capabilities, and plans
benefits at the time of actual need or agreed
that define measures geared to help at-risk
maturity date, as specified therein, in ex-
communities safeguard their lives and as-
change for cash or installment amounts with
sets by being alert to hazards and taking
or without interest or insurance coverage
appropriate action in the face of an Immi-
and includes life, pension, education, inter-
nent threat or an actual disaster. [Sec. 3, RA
ment and other plans, instruments contracts
10121].
or deeds as may in the future he determined
by the Insurance Commission. [Sec. 4, RA Pre-payment of required indemnity. The
9829]. 2.Contracts which provide for the per- delivery of the proper indemnity required by
formance of future services of or the pay- law for the damage that might be incurred
ment of future monetary considerations at by the servient estate in the event the legal
the time actual need, for which plan holders easement upon the extent of compensation
pay in cash or installment at stated prices, cannot be reached by the parties involved,
with or without interest or insurance cover- is not an impediment to the establishment of
age and includes life, pension, education, in- such easement. Precisely, the action of the
terment, and other plans which the Tariff dominant estate against the servient estate
Commission may from time to time approve. should include a prayer for the fixing of the
[Sec. 3, SRC]. amount which may be due from the former
to the latter. [Talisay-Silay Milling Co., Inc. v.
Pre-need reserve liabilities. The measure of
CFI of Negros Occ., GR L-33423 Dec. 22,
the liabilities of the pre-need company for its
1971].
in-force plans or lapsed plans as of
valuation date. [Sec. 4, RA 9829]. Preponderance. Superiority in weight, force,
importance, or influence.
Prepared. Slaughtered, canned, salted, ren-
dered, boned, cut up, or otherwise manufac- Preponderance of evidence. 1. Evidence
tured or processed. [Sec. 4, RA 9296]. which is of greater weight, or more convinc-
ing than that which is offered in opposition to
Preparation equivalent rating. A rating of the
it; the weight, credit and value of the aggre-
academic or educational preparation of an
gate evidence on either side and is usu.
individual teacher with equivalent for his
considered to be synonymous with the
training for professional growth and teaching
terms 'greater weight of evidence' or 'greater
experience. [Sec. 3, PD 985].
weight of the credible evidence;' Probability
Preparatory recall assembly. The registered of the truth. Evidence which is more con-
voters of the LGU to which the local elective vincing to the court as worthy of belief than
official subject to recall belongs. [Sec. 70, that which is offered in opposition thereto.
LGC]. [Rep. v. CA, GR 84966. Nov. 21, 1991]. 2.

757
The weight, credit, and value of the aggre- not authentic; and (d) When substitute or
gate evidence on either side and is usu. fraudulent returns in controverted polling
considered synonymous with the term places were canvassed, the results of which
"greater weight of the evidence" or "greater materially affected the standing of the ag-
weight of the credible evidence." A phrase grieved candidate or candidates. [Sec. 243,
that, in the last analysis, means probability OEC].
of the truth. It is evidence that is more con-
Prescribing opium unnecessary for a pa-
vincing to the court as worthy of belief than
tient. Crim. Law. The felony committed by
that which is offered in opposition thereto.
any physician or dentist who shall prescribe
[Cavile v. Litania-Hong, GR 179540, Mar.
opium for any person whose physical condi-
13, 2009].
tion does not require the use of the same.
Preponderant. Predominant in influence, [Art. 194, RPC].
number, or importance.
Prescripcion adcquisitiva. Sp. Title by ad-
Prepositus. Succ. The descendant is the perverse possession which operates to transfer
son from whom the degree should be reck- ownership to the possessor and need not be
oned, or the one at the end of the line from specifically pleaded since it is an absolute
which the property came and upon whom denial of the previous owner‘s claim.
the property last revolved by descent
Prescripcion extintiva. Sp. A statute of limita-
[Cabardo v. Villanueva, GR L-19003 Dec.
tions which operates as a bar to the owner‘s
13, 1922].
right of action and is a new matter which
Pre-proclamation case. Elec. Law. One seek- must be specifically pleaded.
ing the annulment of a proclamation.
Prescription. Civ. Law. 1. The acquisition of
[Abayon v. Comelec, GR 181295, Apr. 2,
ownership and other real rights through the
2009].
lapse of time in the manner and under the
Pre-proclamation controversy. Elec. Law. conditions laid down by law. [Art. 1106, CC].
Any question pertaining to or affecting the 2. A time limitation in civil law, by which a
proceedings of the board of canvassers right may be acquired [acquisitive prescrip-
which may be raised by any candidate or by tion] or an obligation extinguished [extinctive
any registered political party or coalition of prescription] by the passage of a specified
political parties before the board or directly period of time. Whereas extinctive prescrip-
with the Comelec, or any matter raised un- tion in civil law results, for the potential
der Secs. 233, 234, 235 and 236 of the OEC plaintiff, in the loss of the right itself, the ex-
in relation to the preparation, transmission, piry of a time limitation in common law usu.
receipt, custody and appreciation of the results only in the loss of the right to sue. In
election returns. [Sec. 241, BP 881]. contemporary civil law, prescription is usu.
understood as substantive, rather than pro-
Pre-proclamation controversy. Elec. Law.
cedural, and thus governed by the law ap-
Issues that may be raised: (a) Illegal com-
plicable to the relevant claim. Intl. Law. 3. A
position or proceedings of the board of can-
derivative mode of acquisition by which a
vassers; (b) The canvassed election returns
territory belonging to one state is transferred
are incomplete, contain material defects,
to the sovereignty of another state by rea-
appear to be tampered with or falsified, or
son of the adverse and uninterrupted pos-
contain discrepancies in the same returns or
session thereof by the latter for a sufficiently
in other authentic copies thereof as men-
long period of time. [Cruz, Intl. Law Review-
tioned in Secs. 233, 234, 235 and 236 of the
er, 1996 Ed., p. 71].
OEC; (c) The election returns were prepared
under duress, threats, coercion, or intimida- Prescription drug. A drug which has been
tion, or they are obviously manufactured or approved by the Bu. of Food and Drug and

758
which can be dispensed only pursuant to a Presentation of evidence. This consists of
prescription order from a physician who is putting in as evidence the testimony of the
duly licensed to do so. [Sec. 1, RA 9241]. witnesses or the documents relevant to the
issue. [People v. Yap, GR 103517. Feb. 9,
Prescription of the crime. The forfeiture or
1994]. Compare with Offer of evidence.
loss of the right of the State to prosecute the
offender after the lapse of a certain time Presentment. Nego. Inst. Production of an
fixed by law. [Gregorio, Fund. of Crim. Law instrument to a party liable to pay on it for
Rev., 1997 9th Ed., p. 313; Board of Com- that party's acceptance [i.e., commitment to
missioners (CID) v. Dela Rosa, GR 95122- pay] or payment.
23. May 31, 1991].
Presentment for acceptance. Nego. Inst. 1.
Prescription of the offense. The loss or for- The production of a bill of exchange to a
feiture of the right of the govt. to execute the drawee for acceptance. [Prudential Bank v.
final sentence after the lapse of a certain IAC, GR 74886. Dec. 8, 1992]. 2. Produc-
time fixed by law. [Gregorio, Fund. of Crim. tion or exhibition of a bill of exchange to the
Law Rev., 1997 9th Ed., p. 313]. drawee for his acceptance or payment. Also
includes Presentment for payment.
Prescription of the penalty. The loss or for-
feiture by the govt. of the right to execute Presentment for payment. Nego. Inst. 1. The
the final sentence after the lapse of a certain production of a bill of exchange to the draw-
time. [Board of Commissioners (CID) v. Dela ee or acceptor for payment or the production
Rosa, GR 95122-23. May 31, 1991]. of a promissory note to the party liable for
the payment of the same. 2. The presenta-
Prescriptive. Making or giving injunctions,
tion of an instrument to the person primarily
directions, laws, or rules.
liable for the purpose of demanding and re-
Prescriptive period for the reconveyance of ceiving payment.
fraudulently registered real property. The
President Pro Tempore. Senator who pre-
prescriptive period is 10 years, reckoned
sides over the Senate in the absence of the
from the date of the issuance of the certifi-
Senate Pres.
cate of title, if the plaintiff is not in posses-
sion, but imprescriptible if he is in posses- President’s power of control. The power [of
sion of the property. [Hermosilla v. the Pres. of the Phils.] to alter or modify or
Remoquillo, GR 167320, Jan. 30, 2007]. set aside what a subordinate officer had
done in the performance of his duties and to
Prescriptive period. The period within which
substitute the judgment of the Pres. over
a specific action must be filed. [Central Bank
that of the subordinate officer. [Bito-Onon v.
v. CA, GR 88353. May 8, 1992].
Fernandez, GR 139813. Jan. 31, 2001].
Presence. In connection with Sec. 5 (a), Rule Compare with President’s power of gen-
113, Rules of Court, on arrest without war- eral supervision.
rant, the term is properly and restrictively
President’s power of general supervision.
construed to relate to acts taking place with-
The power of a superior officer [i.e., the
in the optical or perhaps auditory perception
Pres. of the Phils.] to see to it that subordi-
of the arresting officer. [Umil v. Ramos, GR
nates perform their functions acc. to law.
81567. Oct. 3, 1991].
[De Villa v. City of Bacolod, GR 80744, 20
Present value. That amount which, if invested Sept, 1990]. Compare with President’s
now to earn a fixed rate of interest, will be power of control.
equivalent to a specified amount due on a
Presidential Decrees (PDs). Statutes issued
specific date in the future. [Bautista v. Audi-
by then Pres. Ferdinand E. Marcos during
tor Gen., GR L-10859, Aug. 29, 1958].

759
his incumbency. [Suarez, Stat. Con., (1993), buttable] or one which stays until evidence
p. 42]. to the contrary is admitted. [Diaz, Bus. Law
Rev., 1991 Ed., p. 9].
Presidential Special Assistants or Advisers
System. [It] includes such special assistants Presumption against absurdity. Stat. Con.
or advisers as may be needed by the Pres. The presumption that the legislature does
[Sec. 22(4), Admin. Code of 1987]. not intend that absurdity will from its enact-
ment. The courts, therefore, have the duty to
President's papers. Records created or re-
interpret the law in such a way as to avoid
ceived, whether before or after the effectivity
absurd result. [Suarez, Stat. Con., (1993), p.
of RA 9470, by a Pres. while holding office
31].
as a Pres. of the Phils. [Sec. 4, RA 9470].
Presumption against implied repeals. Stat.
Pressurized or Forced draft burning
Con. The presumption that the lawmaking
equipment. Type or burner where the fuel is
body does not favor repeals (of statutes) by
subjected to pressure prior to discharge into
implication. [Suarez, Stat. Con., (1993), p.
the combustion chamber and/or which in-
32].
cludes fans or other provisions for the intro-
duction of air at above normal atmosphere Presumption against impossibility. Stat.
pressure into the same combustion cham- Con. The presumption that a statute is never
ber. [Sec. 3, PD 1185; Sec. 3, RA 9514]. to be understood as requiring an impossibil-
ity, if such a result can be avoided by any
Prestation. Civ. Law. 1. A performance of
fair and reasonable construction.
something due upon an obligation. 2. This
may consist in giving, doing, or not doing of Presumption against inconsistency. Stat.
something. [Torres, Oblig. & Cont., 2000 Con. The presumption that the lawmaking
Ed., p. 24]. body is consistent. In case of doubt, there-
fore, such a construction should be adopted
Presumed-identity approach doctrine. Also
as will make all the provisions of the statute
called Processual presumption doctrine.
consistent with one another and with the en-
Where a foreign law is not pleaded or, even
tire act. [Suarez, Stat. Con., (1993), p. 31].
if pleaded, is not proved, the presumption is
that foreign law is the same as ours. [EDI- Presumption against ineffectiveness. Stat.
Staffbuilders Intl., v. NLRC, GR 145587, Con. The presumption that the lawmaking
Oct. 26, 2007]. body does not intend to adopt laws which
are unnecessary and ineffective. It is pre-
Presumption. 1. An inference as to the exist-
sumed that it intends to impart to its enact-
ence of a fact not actually known, arising
ments such a meaning as will render them
from its usual connection with another which
operative and effective. [Suarez, Stat. Con.,
is known, or a conjecture based on past ex-
(1993), p. 31].
perience as to what course human affairs
ordinarily take. It is either a presumption ju- Presumption against injustice. Stat. Con.
ris, or of law, or a presumption hominis, or of The presumption that the lawmaking body
fact. [Martin v. CA, GR 82248. Jan. 30, intended right and justice to prevail. [Suarez,
1992]. 2. An inference. Some presumptions Stat. Con., (1993), p. 30].
are refutable while others are deemed to be
Presumption against irrepealable laws. Stat.
irrefutable. Presumptions are also classified
Con. The presumption that the lawmaking
as ―of fact‖ or ―of law.‖ Compare with Infer-
body does not intend that its laws shall be
ence.
irrepealable. The legislature cannot enact ir-
Presumption. Kinds: (a) Conclusive presump- repealable laws or limit its future legislative
tion or one where no contrary evidence is acts. [Suarez, Stat. Con., (1993), p. 32].
admitted; and prima facie [disputable or re-

760
Presumption against violation of interna- in that interpretation. [Suarez, Stat. Con.,
tional law. Stat. Con. The presumption that (1993), p. 34].
a statute is in conformity with the rules and
Presumption of acting within the scope of
principles of intl. laws, or with the treaties
authority. Stat. Con. The presumption that
duly entered into and accepted by our govt.
the legislature acted within the scope of its
[Suarez, Stat. Con., (1993), p. 34].
authority. Hence, if a statute admits of more
Presumption against violation of public than one interpretation, one that places the
policy. Stat. Con. The presumption that the statute outside of legislative competence,
legislature designs to favor and foster, ra- and one that places the statute within the
ther than to contravene, that public policy limits of legislative competence, the court
which is based upon the principles of natural should adopt the latter interpretation. [Sua-
justice, good morals, and the settled wisdom rez, Stat. Con., (1993), p. 34].
of the law as applied to the ordinary affairs
Presumption of authorship. The natural
of life. [Suarez, Stat. Con., (1993), p. 33].
person whose name is indicated on a work
Presumption hominis. Lat. 1. A deduction in the usual manner as the author shall, in
which reason draws from the facts proved the absence of proof to the contrary, be pre-
without an express direction to that effect 2. sumed to be the author of the work. This is
A presumption of fact. [Martin v. CA, GR applicable even if the name is a pseudo-
82248. Jan. 30, 1992]. See also Presump- nym, where the pseudonym leaves no doubt
tion of fact or Inference. as to identity of the author. [Sec. 219.1,
IPC]. The person or body corporate, whose
Presumption juris. Lat. A presumption or of
name appears on the audio-visual work in
law. [Martin v. CA, GR 82248. Jan. 30,
the usual manner shall, in the absence of
1992].
proof to the contrary, be presumed to be the
Presumption juris et de jure. Conclusive maker of said work. [Sec. 219.2, IPC].
presumptions of law, which cannot be rebut-
Presumption of conjugal partnership. The
ted by evidence. The Lat. words signify ―of
presumption under Art. 160 of the Civ. Code
law and from law.‖ See Conclusive pre-
that all property of the marriage is presumed
sumption.
to belong to the conjugal partnership, unless
Presumption juris tantum. An assumption it be proved that it pertains exclusively to the
made by a court, one that is taken to be true husband or to wife. [Cobb-Perez v. Lantin,
unless someone comes forward to contest it GR L-22320. May 22, 1968].
and prove otherwise. See Disputable pre-
Presumption of consideration. Nego. Inst.
sumption.
The prima facie presumption that every ne-
Presumption of abandonment of office by a gotiable instrument has been issued for a
director. Corp. Law. The presumption that a valuable consideration; and every person
director in a corp. who accepts a position in whose signature appears thereon has be-
which his duties are incompatible with those come a party thereto for value. [Sec. 24,
as such director has abandoned his office NIL].
as director of the corp. [Mead v.
Presumption of constitutionality of stat-
McCullough, GR 6217. Dec. 26, 1911].
utes. Stat. Con. The theory is that as the
Presumption of acquiescence to judicial joint act of the Legislature and the Execu-
construction. Stat. Con. The presumption tive, every statute is supposed to have first
that, when the court has construed a statute been carefully studied and determined to be
in a particular manner and the lawmaking constitutional before it was finally enacted.
body made no move to alter or amend the Hence, unless it is clearly shown that it is
said statute, the legislature has acquiesced constitutionally flawed, the attack against its

761
validity must be rejected and the law itself ter an absence of 10 years. If he disap-
upheld. To doubt is to sustain. [Phil. Judges peared after the age of 75 years, an ab-
Assoc. v. Prado, GR 105371. Nov. 11, sence of 5 years shall be sufficient in order
1993]. that his succession may be opened. [Art.
390, CC].
Presumption of continuity of facts. Proof of
the existence at a particular time of a fact of Presumption of dissolution of former mar-
continuous nature gives rise to an inference, riage. The presumption that when a person
within logical limits, that it exists at a subse- marries twice, the 2nd marriage is valid and
quent time. [People v. Sawajan, GR 28243. the former one has been dissolved by death
Dec. 12, 1927]. or divorce. [Herrera, Remedial Law, Vol. VI,
1999 Ed., p. 38].
Presumption of continuity of mental capaci-
ty. Evid. The presumption that capacity to Presumption of equality. Succ. The pre-
act attaches to a person who has not previ- sumption that heirs instituted without desig-
ously been declared incapable, and such nation of shares shall inherit in equal parts.
capacity is presumed to continue so long as [Art. 846, CC].
the contrary be not proved, that is, that at
Presumption of fact. Evid. The conclusion
the moment of his acting he was incapable,
that, bec. one fact exists or is true, another
crazy, insane, or out of his mind. [Standard
fact exists or is true. If no new facts arise to
Oil Co. v. Codina Arenas, GR 5921. July 25,
contradict the presumption, it is evidence of
1911].
proof of the fact. For example, in some ju-
Presumption of continuity of possession. risdictions, if a married woman has a child,
The presumption that a present possessor her husband is presumed to be the father.
of property who shows his possession at See also Presumption hominis or Infer-
some previous time has held possession al- ence.
so during the intervening period. [Herrera,
Presumption of good faith. Stat. Con. The
Remedial Law, Vol. VI, 1999 Ed., p. 127].
presumption that the legislature had good
Presumption of death; extraordinary or motives in having considered and adopted a
qualified absence. Civ. Law. The following particular law. [Suarez, Stat. Con., (1993), p.
shall be presumed dead for all purposes, 30].
incl. the division of the estate among the
Presumption of individuality. Succ. The
heirs: (a) A person on board a vessel lost
presumption that when the testator institutes
during a sea voyage, or an aeroplane which
some heirs individually and others collec-
is missing, who has not been heard of for 4
tively, those collectively designated shall be
years since the loss of the vessel or aero-
considered as individually instituted, unless
plane; (b) a person in the armed forces who
it clearly appears that the intention of the
has taken part in war, and has been missing
testator was otherwise. [Art. 847, CC].
for 4 years; (c) a person who has been in
danger of death under other circumstances Presumption of innocence. The Constitu-
and his existence has not been known for 4 tional provision that "in all criminal prosecu-
years. [Art. 391, CC]. tions, the accused shall be presumed inno-
cent until the contrary is proved". [Art. III,
Presumption of death; ordinary absence.
§14, 1987 Consti.]. It is thus axiomatic that
After an absence of 7 years, it being un-
"an accused under our law is entitled to an
known whether or not the absentee still
acquittal unless his guilt is proved beyond
lives, he shall be presumed dead for all pur-
reasonable doubt." [People v. Bostre, GR
poses, except for those of succession. The
94301-02, Feb. 18, 1994]. 3. A conclusion of
absentee shall not be presumed dead for
law in favor of the accused whereby his in-
the purpose of opening his succession till af-
nocence is not only established but contin-

762
ues until sufficient evidence is introduced to Presumption of man. Evid. A presumption
overcome the proof which the law has cre- which is formed by the judge from circum-
ated - that is, his innocence. [People v. stances antecedent to, coincident with or
Clores, GR L-61408. Oct. 12, 1983]. subsequent to the principal fact under inves-
tigation. [Vidal de Roces v. Posadas, GR
Presumption of jurisdiction. Stat. Con. A
34937. Mar. 13, 1933]. Also called Presun-
statute will not be construed in such a man-
cion de hombre.
ner as to oust or restrict the jurisdiction of
superior courts, or to vest a new jurisdiction Presumption of marriage. Civ. Law. The
in them, unless there are express words or a presumption that persons dwelling together
necessary implication to that effect. [Suarez, in apparent matrimony, in the absence of
Stat. Con., (1993), p. 34]. any counter-presumption or evidence spe-
cial to the case, are in fact married. The
Presumption of knowledge of existing laws.
reason is that such is the common order of
Stat. Con. The presumption that the law-
society, and if the parties were not what they
making body has full knowledge of all exist-
thus hold themselves out as being, they
ing laws on the subject. Hence, if there are 2
would be living in the constant violation of
laws on the same subject enacted on differ-
decency and of law. [Adong v. Cheong See
ent dates, the latter law cannot be held to
Gee, GR L-18081. Mar. 3, 1922].
have abrogated the former law, unless the
repugnancy is clear, convincing and irrecon- Presumption of payment of prior install-
cilable. [Suarez, Stat. Con., (1993), p. 34]. ments. The presumption that prior install-
ments were paid upon the presentation of a
Presumption of law. 1. An assumption re-
receipt of payment subsequent thereto.
quired by law whenever a predetermined set
[Manila Trading & Supply Co. v. Medina, GR
of facts arises, e.g. in criminal law the ac-
L-16477. May 31, 1961].
cused is presumed innocent until proven
guilty beyond a reasonable doubt. 2. A rule Presumption of regularity in the perfor-
of law that courts and judges shall draw a mance of official duty. Evid. 1. A disputa-
particular inference from a particular fact, or ble or rebuttable presumption that an official
from particular evidence. act or duty has been regularly performed.
[Sec. 3 (m), Rule 131, RoC]. 2. The pre-
Presumption of malice. Crim. Law. 1. The
sumption of regularity of official acts may be
legal presumption that malice is present in
rebutted by affirmative evidence of irregu-
every defamatory imputation, even if it be
larity or failure to perform a duty. The pre-
true, if no good intention and justifiable mo-
sumption, however, prevails until it is over-
tive for making it is shown. [Art. 354, RPC].
come by no less than clear and convincing
Presumption of malice. Crim. Law. Excep- evidence to the contrary. Thus, unless the
tions: (a) A private communication made by presumption is rebutted, it becomes conclu-
any person to another in the performance of sive. Every reasonable intendment will be
any legal, moral or social duty; and (b) A fair made in support of the presumption and in
and true report, made in good faith, without case of doubt as to an officer's act being
any comments or remarks, of any judicial, lawful or unlawful, construction should be in
legislative or other official proceedings favor of its lawfulness. [People v. De Guz-
which are not of confidential nature, or of man, GR 106025. Feb. 9, 1994].
any statement, report or speech delivered in
Presumption of regularity in the perfor-
said proceedings, or of any other act per-
mance of official duty doctrine. The doc-
formed by public officers in the exercise of
trine holding that every public official, absent
their functions. [Art. 354, RPC]. Also known
any showing of bad faith and malice, is enti-
as Qualifiedly privileged communications
tled to the presumption regularity in the per-
formance of official duties.

763
Presumption of renunciation in the delivery the circumstances laid down in Art. 391, Civ.
of a private instrument. The presumption Code; (b) that the present spouse wishes to
under Art. 1271 of the Civ. Code that the de- remarry; (c) that the present spouse has a
livery of a private document evidencing a well-founded belief that the absentee is
credit, made voluntarily by the creditor to the dead; and (d) that the present spouse files a
debtor, implies the renunciation of the action summary proceeding for the declaration of
which the former had against the latter. presumptive death of the absentee. [Art. 41,
FC].
Presumption of simultaneity. The presump-
tion that when the testator calls to the suc- Presumptively privileged communication.
cession a person and his children, they are There being a great public interest in pre-
all deemed to have been instituted simulta- serving the confidentiality of conversation
neously and not successively. [Art. 849, that takes place in the President‘s perfor-
CC]. mance of his official duties, Presidential
communications are thus considered as
Presumption of suppression of evidence.
―presumptively privileged.‖ The presumption
Evid. The disputable presumption that evi-
is founded on the ―President‘s generalized
dence willfully suppressed would be adverse
interest in confidentiality.‖ The privilege is
if produced. [Sec. 3 (e), Rule 131, RoC].
said to be necessary to guarantee the can-
Presumption of survivorship. A presumption dor of presidential advisors and to provide
that one of 2 or more related persons was ―the Pres. and those who assist him with
the last to die in a common disaster, made freedom toexploire the alternatives in the
so that the estates may be settled and the process of shaping policis and making deci-
final heirs determined. See Survivorship sions and to do so in a way many would be
presumption. unwilling to express except privately.‖ [Neri
v. Senate Committee on Accountability of
Presumption of validity. Evid. The presump-
Public Officers and Investigations, GR
tion that a judgment of a court of justice is 180643, Mar. 25, 2008].
valid and enforceable, where the record dis-
closes that all the steps necessary to confer Presuncion de hombre. Sp. Presumption of
jurisdiction have been taken, and that the man. Presumption formed by the judge from
court has jurisdiction on the subject matter. circumstances antecedent to, coincident
There is presumption that decisions of the with or subsequent to the principal fact un-
trial court are correct. [Herrera, Remedial der investigation. [Vidal De Roces v. Posa-
Law, Vol. VI, 1999 Ed., p. 89]. das, Jr., GR L-34937, Mar. 13, 1933; Villa-
Real, J., dissenting]. See Presumption of
Presumptive death. Civ. Law. Death inferred man.
from proof of the person's long, unexplained
absence, usu. after 7 years. Such a pre- Preterition. Succ. It is the total omission of
sumption arises by prolonged absence of a one, some or all of the heir/s in the will. The
person for a prescribed number of years, omission must be that of a compulsory heir
during which no one has seen or heard from and the compulsory heir omitted must be of
the person and there is no known reason for the direct line and living at the time of the
the person's disappearance that would be testator's death or must at least have been
incompatible with a finding that the individu- conceived before the testator's death. [Art.
al is dead. 854, CC].
Presumptive death declaration. Civ. Law. Preterition (of heirs). Also Pretermission of
Requisites: (a) That the absent spouse has heirs. Succ. 1. The omission of one, some,
been missing for 4 consecutive years, or 2 or all of the compulsory heirs in the direct
consecutive years if the disappearance oc- line, whether living at the time of the execu-
curred where there is danger of death under tion of the will or born after the death of the

764
testator which shall annul the institution of Pre-trial. A proceeding held before an official
heir; but the devises and legacies shall be trial, esp. to clarify points of law and facts.
valid insofar as they are not inofficious. [Art.
Pre-trial brief. Rem. Law. A document pre-
854, CC]. 2. The omission in the testator's
pared by the legal counsel for a plaintiff or
will of the compulsory heirs or anyone of
for a defendant that summarizes the facts of
them, either bec. they are not mentioned
a case and the legal arguments to be pre-
therein, or, though mentioned, they are nei-
sented during the trial. It typically includes
ther instituted as heirs nor are expressly dis-
applicable case law, rules of procedure and
inherited. [Neri v. Akutin, GR L-47799 June
other information relevant to the case.
13, 1941].
Pre-trial conference. Rem. Law. Conference
Preterition. Succ. Requisites: 1. (a) The heir
among the opposing attorneys and the
omitted must be a compulsory heir in the di-
judge called at the discretion of the court to
rect line; (b) the omission must be complete
narrow the issues to be tried and to make a
and total in character in such a way that the
final effort to settle the case without a trial.
omitted heir does not and has not received
anything at all from the testator by any title Pre-trial investigation. Rem. Law. An investi-
whatsoever; and (c) the compulsory heir gation which corresponds to the preliminary
omitted should survive the testator. [Jurado, investigation, where the object is to deter-
Comments & Jurisp. on Succ., 1991 8th Ed., mine the existence of a prima facie case
p. 104]. 2. (a) The heir omitted is a forced that would warrant the prosecution of the
heir (in the direct line); (b) the omission is by accused. [Kapunan v. De Villa, GR L-83177.
mistake or thru an oversight; (c) the omis- Dec. 6, 1988]. Compare with Fact-finding
sion is complete so that the forced heir re- inquiry.
ceived nothing in the will. [Separate Opinion,
Melencio-Herrera in Acain v. IAC, GR L- Pre-trial order. Rem. Law. An order embody-
ing the agreements reached at the pre-trial
72706. Oct. 27, 1987].
conference which shall control the subse-
Pretermission. Omission. quent course of the trial and should not be
disturbed unless there would be manifest in-
Pretermission of heirs. Succ. The intentional
justice. [Dy, Jr. v. CA, GR 97130. June 19,
passing over without making provision the
1991].
heirs. Same as Preterition of heirs.
Pretrimonial advantage. The enrichment of a
Pretermission of Holiday. Where the day, or
person by his receiving and/or enjoying
the last day, for doing any act required or
benefits from the service rendered or for the
permitted by law falls on a regular holiday or
goods delivered by another to him with the
special day, the act may be done on the
resulting improvement of the condition of his
next succeeding business day. [Sec. 28,
life.
Chap. 7, Book I, Admin. Code of 1987].
Prevailing party. The party to a suit who suc-
Pretermitted child. Succ. A child born after a
cessfully prosecutes the action or success-
will is executed, who is not provided for by
fully defends against it, prevailing on the
the will.
main issue, even though not necessarily to
Pre-test counseling. The process of providing the extent of his orig. contention.
an individual information on the biomedical
Prevailing price. The average price at which
aspects of HIV or AIDS and emotional sup-
any basic necessity has been sold in a given
port to any psychological implications of un-
time within a month from the occurrence of
dergoing HIV testing and the test result itself
any of the conditions enumerated under
before he/she is subjected to the test. [Sec.
Sec. 6 of RA 7851. [Sec. 3, RA 7581].
4, RA 8496].

765
Prevent losses. In its ordinary connotation, status or position. Preventive suspension is
the phrase means that retrenchment or ter- usu. imposed against subject employee
mination of the services of some employees while the company is conducting an investi-
is authorized to be undertaken by the em- gation for his alleged violation in order to
ployer sometime before the losses antici- prevent him from causing further harm or
pated are actually sustained or realized. damage to the company or his co-
[Lopez Sugar Corp. v. Fed. of Free Workers, employees.
GR 75700-01. Aug. 30, 1990].
Price. The amount of money expected, re-
Preventive. Designed to keep something un- quired, or given in payment for something.
desirable such as illness, harm, or accidents
Price Act. RA 7581 entitled ―An Act providing
from occurring.
protection to consumers by stabilizing the
Preventive imprisonment. Crim. Law. The prices of basic necessities and prime com-
detention of an offender while the criminal modities and by prescribing measures
case against him is being heard, either bec. against undue price increases during emer-
the crime committed is a capital offense and gency situations and like occasions‖ enact-
not bailable or, even if the crime committed ed on May 27, 1992.
was bailable, the offender could not post the
Price ceiling. The maximum price at which
required bail for his provisional liberty. [1994
any basic necessity or prime commodity
Bar Exam.].
may be sold to the general public. [Sec. 3,
Preventive injunction. Rem. Law. An injunc- RA 7581].
tion which commands a party to refrain from
Price comparison. The direct comparison in
doing an act. Compare with Prohibition.
any advertisement of a seller's current price
Preventive measures. Any reasonable for consumer products or services with any
measures taken by any person after an Inci- other price or statement of value for such
dent has occurred to prevent or minimize property or services expressed in pesos,
pollution damage. [Sec. 3, RA 9483]. centavos, fractions or percentages. [Art. 4,
RA 7394].
Preventive suspension. Admin. Law. 1. The
suspension from office by the proper disci- Price difference. The amount obtained after
plining authority of any subordinate officer or subtracting the C.I.F. import price from the
employee under his authority pending an in- trigger price. [Sec. 4, RA 8800].
vestigation, if the charge against such officer
Price subsidy. The payment of Govt. of an
or employee involves dishonesty, oppres-
additional amount for every unit of output
sion or grave misconduct, or neglect in the
sold by the farmers in the open market.
performance of duty, or if there are reasons
[Sec. 4, RA 7607].
to believe that the respondent is guilty of
charges which would warrant his removal Price tag. Any device, written, printed, affixed
from the service. [EO 292]. 2. A preliminary or attached to a consumer product or dis-
step in an administrative investigation. It is played in a consumer repair or service es-
not a punishment. If after such investigation, tablishment for the purpose of indicating the
the charges are established and the person retail price per unit or service. [Art. 4, RA
investigated is found guilty of acts warrant- 7394].
ing his removal, then he is removed or dis-
missed from office. This is the penalty. [Nera Priest. One esp. consecrated to the service of
a divinity and considered as the medium
v. Garcia, GR L-13160. Jan. 30, 1960].
through whom worship, prayer, sacrifice, or
Preventive suspension. Labor. The tempo- other service is to be offered to the being
rary removal of an employee charged for vi- worshipped, and pardon, blessing, deliver-
olation of company rules from his present ance, etc., obtained by the worshipper, as a

766
priest of Baal or of Jehovah; a Buddhist Primary beneficiaries. The dependent
priest. [Adong v. Cheong See Gee, GR L- spouse until he remarries and dependent
18081. Mar. 3, 1922]. children. [Art. 167, LC]. Compare with Sec-
ondary beneficiaries.
Prima facie. Lat. At first sight. 1. On the 1st
appearance. On the face of it. A fact pre- Primary beneficiary. A beneficiary who is first
sumed to be true unless disproved by some entitled to benefits on the death of the in-
evidence to the contrary. 2. A rule whereby sured. [Tiopianco, Commentaries & Jurisp.
a particular fact constitutes evidence of a on the Ins. Code of the Phil., 1999 Ed., p.
state of affairs, unless contradicted by other 28].
stronger, admissible evidence.
Primary compulsory heirs. Succ. 1. Heirs
Prima facie case. A case that is sufficient and who are always entitled to their legitime as
has the minimum amount of evidence nec- provided by law regardless of the class of
essary to allow it to continue in the judicial compulsory heirs with which they may con-
process. cur. They include all kinds of compulsory
heirs with the exception of parents or as-
Prima facie evidence. 1. Evidence which
cendants. [Jurado, Comments & Jurisp. on
suffices for the proof of a particular fact until
Succ., 1991 8th Ed., p. 236]. 2. A class of
contradicted and overcome by other evi-
compulsory heirs who have precedence
dence. 2. Evidence which, standing alone
over and exclude other compulsory heirs,
and unexplained, would maintain the propo-
such as legitimate children and legitimate
sition and warrant the conclusion to support
descendants with respect to their legitimate
which it is introduced. [Rep. v. Sandi-
parents and ascendants. See Secondary
ganbayan, GR 112708-09. Mar. 29, 1996].
compulsory heirs.
Compare with Conclusive evidence.
Primary evidence. Also Best evidence. Evi-
Prima facie or Disputable or Rebuttable
dence that, under every circumstance, af-
presumption. A presumption which stays
fords the greatest certainty of the fact in
until evidence to the contrary is admitted.
question. Compare with Secondary evi-
dence or Substitutionary evidence.
Primage. A compensation paid to the captain
Primary jurisdiction doctrine. Rem. Law.
[of the ship] after a successful voyage.
The doctrine that courts cannot and will not
Primarily confidential. The phrase denotes determine a controversy involving a ques-
not only confidence in the aptitude of the tion which is within the jurisdiction of an ad-
appointee for the duties of the office but ministrative tribunal having been so placed
primarily close intimacy which insures free- within its special competence under a regu-
dom of [discussion and delegation and re- latory scheme. In such instances the judicial
porting] without embarrassment or freedom process is suspended pending referral to the
from misgivings of betrayals of personal administrative body for its view on the mat-
trust or confidential matters of state. [Tria v. ter in dispute. [Brett v. IAC, GR 74223, 27
Sto. Tomas, GR 85670. July 31, 1991]. Nov. 1990, and Industrial Ent. v. CA, GR
88550, 18 Apr. 1990].
Primary accountability. The accountability of
the head of a department or office for sup- Primary or Corporate franchise. The right to
plies or property transferred to his depart- exist as a corp. which is vested in the indi-
ment or office for issuance to the end-user. viduals who compose the corp. and not in
[IRR on Supply & Prop. Mgt., per Sec. 383, the corp. itself, and cannot be conveyed in
LGC]. the absence of legislative authority so to do.
[JRS Business v. Imperial Ins., GR L-19891.
Primary authority. Constitutions, codes, stat-
utes, ordinances, and case law sources.

767
July 31, 1964]. Compare with Secondary or been used to describe the status, condition
special franchise. or role of the prime minister in most parlia-
mentary nations, the high-ranking prelate in
Primary processing. The physical alteration
several religious orders, and the chief justice
of raw agricultural or fishery products with or
in many Sup. Courts around the world. [J.
without the use of mechanical facilities.
Carpio Morales, Dissenting Opinion, De
[Sec. 4, RA 8435].
Castro v. JBC, GR 191002, GR 191032, GR
Prime agricultural land. Land that can be 191057, AM 10-2-5-SC, GR 191149, GR
used for various or specific agricultural ac- 191342. Mar. 17, 2010].
tivities and can provide optimum and sus-
Principal. Civ. Law. An agent‘s master; the
tainable yield with minimum inputs and de-
person for whom an agent has received in-
velopment costs as determined by the DA.
struction and to whose benefit the agent is
[Sec. 2.16, DAR AO 01-02].
expected to perform and make decisions.
Prime commodities. 1. Goods not considered
Principal. Crim. Law. One who participates in
as basic necessities but are essential to
the material execution of the crime by stand-
consumers in times of any of the cases pro-
ing guard or lending moral support to the ac-
vided under Sec. 7 of RA 7581, as amend-
tual perpetrator is criminally responsible to
ed, such as, but not limited to, flour; dried,
the same extent as the latter.
processed or canned pork, beef and poultry
meat; dairy products not falling under basic Principal. 1. Civ. Law. A person who empow-
necessities; onions, garlic, vinegar, patis, ers another to act as his or her representa-
soy sauce; toilet soap; fertilizer, pesticides tive; the person having prime responsibility
and herbicides; poultry, livestock and fishery for an obligation. 2. Crim. Law. One who
feeds and veterinary products; paper; school commits or is an accomplice to a crime. 3.
supplies; nipa shingles; sawali; cement; Not. Rules. A person appearing before the
clinker; GI sheets; hollow blocks; plywood; notary public whose act is the subject of no-
plyboard; construction nails; batteries; elec- tarization. [Sec. 10, Rule II, AM 02-8-13-
trical supplies; light bulbs; steel wire; all SC].
drugs not classified as essential drugs by
Principal by indispensable cooperation.
the DOH and such other goods as may be
Crim. Law. One who shall participate in the
included under Sec. 4 of RA 7581, as
criminal resolution, a conspiracy or unity in
amended. [Sec. 2, RA 10623]. 2. Fresh
criminal purpose and cooperation in the
fruits, flour, dried, processed and canned
commission of the offense by performing
pork, beef and poultry, meat, dairy products
another act without which it would not have
not falling under basic necessities; noodles,
been accomplished. [People v. Jorge, GR
onions, garlic, and all drugs not classified as
99379. Apr. 22, 1994].
essential drugs by the DOH and other com-
modities that may be classified by the DTI Principal by indispensable cooperation.
and the DA acc. to RA 7581 or The Price Crim. Law. Requisites: (a) participation of
Act. [Art. 5, IRR of RA 9994; Sec. 3, RA the subject accused in the criminal resolu-
7581]. tion and (b) performance by him of another
act indispensable to the accomplishment of
Primitive tribe. A group of endemic tribe living
the crime. [People v, Fronda, GR 102361-
primitively as a distinct portion of a people
62. May 14, 1993].
from a common ancestor. [Sec. 3, PD 705].
Principal by inducement. Crim. Law. Requi-
Primus inter pares. Lat. First among equals.
sites: (a) That the inducement be made di-
The Latin maxim indicates that a person is
rectly with the intention of procuring the
the most senior of a group of people sharing
commission of the crime; and (b) that such
the same rank or office. The phrase has
inducement be the determining cause of the

768
commission of the crime by the material ex- in a company as may be determined by the
ecutor. [People v. Dela Cruz, GR L-30912. SEC. [Sec. 3, RA 9856]. 2. The head of a
Apr. 30, 1980]. consulate or consulate general of the Phils.
[Sec. 5, RA 7157].
Principal conditions. Civ. Law. [The term, as
used in Art. 1291 of the Civ. Code] should Principal payment. The sum of the first com-
be construed to include a change in the pe- ponent of debt amortization, i.e., principal
riod to comply with the obligation. Such a repayments for loans payable in regular in-
change in the period would only be a partial stallments and actual releases out of the
novation since the period merely affects the sinking fund for the eventual payment of
performance, not the creation of the obliga- debt. These are the cash outlays from the
tion. [Ong v. Bogñalbal, GR 149140, Sep. BTr in payment of principal amounts of for-
12, 2006]. eign and domestic borrowings.
Principal debtor. A party ultimately liable on Principal stockholder. A stockholder who is
the negotiable instrument, hence the maker directly or indirectly the beneficial owner of
or acceptor. [Diaz, Bus. Law Rev., 1991 Ed., more than 10% of any class of security of
p. 360]. the REIT. [Sec. 3, RA 9856].
Principal display panel. The part of the label Principals. Crim. Law. The following are con-
that is most likely to be displayed, present- sidered principals: (a) Those who take a di-
ed, shown or examined under normal and rect part in the execution of the act; (b)
customary conditions of display for retail or those who directly force or induce others to
sale. [Sec. 3, RA 10620; Art. 4, RA 7394]. commit it; (c) those who cooperate in the
commission of the offense by another act
Principal display surface. (a) In the case of a
without which it would not have been ac-
package and carton that has at least 2 equal
complished. [Art. 17, RPC].
sized sides or surfaces, other than the top
and bottom, that may be displayed or visible Principle. An accepted or professed rule of
under normal or customary conditions of action or conduct.
sale or use, the areas of each of the 2 larg-
Principle of contribution. That principle in
est surfaces; (b) In the case of a spherical,
insurance which aims to distribute the actual
cylindrical or conical container of tobacco
amount of loss among the different insurers
products, the 2 largest surfaces that are
who are liable for the same risk under dif-
predominantly displayed; and (c) In the case
ferent policies in respect of the same sub-
of a package and carton that do not have a
ject matter. Any one insurer may pay to the
particular side or surface that is predomi-
insured the full amount of the loss covered
nantly displayed or visible under normal or
by the policy and then become entitled to
customary conditions of sale or use or those
contribution from his co-insurers in propor-
that are not described under subsecs. 1 and
tion to the amount which each has under-
2 above, 50% of the 3 dominant sides or the
taken to pay in case of loss of the same
total surface thereof, whichever is bigger,
subject-matter. Also Contribution clause.
which will ensure that the Graphic Health
Warnings are visibly shown. [Sec. 4, RA Principle of judicial hierarchy. Rem. Law.
10643]. The principle stating that a higher court will
not entertain direct resort to it unless the re-
Principal officer. 1. The chairman of the BoD,
dress cannot be obtained in the appropriate
president, chief exec. officer, chief operating
courts.
officer. treasurer, chief financial officer
corporate secretary, Vice Pres., their Principle of law. A principle underlying the
equivalent positions, or such other officers formulation of jurisprudence.
occupying positions of significant influence

769
Principle of legislative approval by re- Prior applicant rule. The rule that applies to
enactment. Where a statute is susceptible situations wherein 2 applicants are applying
of the meaning placed upon it by a ruling of for a certificate of public convenience over a
the government agency charged with its en- given territory. Where both applicants are
forcement and the Legislature thereafter re- similarly situated, the prior applicant shall
enacts the provisions without substantial have the certificate over the other.
change, such action is to some extent con-
Prior art. 1. Everything which has been made
firmatory that the ruling carries out the legis-
available to the public anywhere in the
lative purpose. [Howden and Co., Ltd. v.
world, before the filing date or the priority
Coll. of Int. Rev., GR L-19392 Apr. 14,
date of the application claiming the inven-
1965].
tion; and 2. The whole contents of a pub-
Principle of relativity of contracts. The prin- lished application, filed or effective in the
ciple under which contracts can only bind Phils., with a filing or priority date that is ear-
the parties who entered into it. It cannot fa- lier than the filing or priority date of the ap-
vor or prejudice a 3rd person. [Ramos v. plication. Provided, that the application
CA, GR 111027 Feb. 3, 1999]. See Relativi- which has validly claimed the filing date of
ty of Contracts. an earlier application under Sec. 31 of the
IPC, there shall be a prior art with effect as
Principle of subrogation. Ins. [The civil law
of the filing date of such earlier application:
principle holding that] if the plaintiff‘s proper-
Provided further, that the applicant or the in-
ty has been insured, and he has received
ventor identified in both applications are not
indemnity from the insurance company for
one and the same. [Sec. 24, IPC].
the injury or loss arising out of wrong or
breach of contract complained of, the insur- Prior est in tempore, potior est in jure. Lat.
ance company shall be subrogated to the He who is first in time is preferred in right.
rights of the insured against the wrongdoer [La Urbana v. Bernardo, GR L-41915 Jan. 8,
or the person who has violated the contract. 1936].
[Art. 2207, CC].
Prior operator rule. The rule that provides
Printed. As applied to books, that which is existing franchise operator preferential right
produced by printing, lithography, photog- within authorized territory as long as said
raphy, duplication, or any like process. [Sec. operator renders satisfactory and economi-
3, PD 812]. cal service. This rule subordinates the prior
applicant rule which gives first applicant pri-
Printed Election Returns. Copies of the elec-
ority only if things and circumstances are
tion returns printed by the PCOS machine
equal. A prior operator must be given the
on paper and authenticated by the manual
opportunity to extend its transportation ser-
signatures and thumbmarks of the Board of
vices before permitting a new operator to
Election Inspectors (BEI). [The 2010 Rules
operate in the territory of said prior operator.
of the PET, Rule 2, AM 10-4-29-SC, May 4,
See Old operator rule.
2010].
Prior operator rule. Exceptions: (a) Where
Printed matter. The reproduction upon paper,
public interest would be better served by the
by any process except that of handwriting or
new operator; (b) Where the old operator
typewriting, of any words, letters, charac-
failed to make an offer to meet the increase
ters, figures or images, or any combination
in traffic; (c) Where the CPC granted to the
thereof, not having the character of an actu-
new operator s a maiden certificate; and (d)
al and personal correspondence. [Sec. 2,
When the application of the rule would be
RA 7354].
conducive to monopoly.
Printer. The proprietor of the printing estab-
lishment. [Sec. 3, PD 812].

770
Prior restraint doctrine. The doctrine con- Prision mayor. Crim. Law. An afflictive penal-
cerning official governmental restrictions on ty with a duration of from 6 years and one
the press or other forms of expression in day to 12 years, except when the penalty of
advance of actual publication or dissemina- disqualification is imposed as an accessory
tion. [Bernas, The 1987 Consti. of the Rep. penalty, in which case its duration shall be
of the Phils., A Commentary, 2003 ed., p. that of the principal penalty.
225].
Prision mayor and temporary disqualifica-
Prior restraint or Censorship. A curtailment tion. Crim. Law. The penalties the duration
of the freedom of expression and of the of which shall be from 6 years and one day
press made through restrictions or condi- to 12 years (of imprisonment), except when
tions in advance of actual publication or dis- the penalty of disqualification is imposed as
semination. [Suarez, Pol. Law Reviewer, 1st an accessory penalty, in which case its du-
Ed., 2002, p. 158]. ration shall be that of the principal penalty.
[Art. 27, RPC].
Prior tempore potior jure. Lat. He who is first
in time is preferred in right. [Gomez v. Jugo, Prison. A place for the confinement of persons
48 Phil., 118 (1925)]. in lawful detention, esp. persons convicted
of crimes.
Priority date. An application for patent filed by
any person who has previously applied for Prisoner. A person legally committed to prison
the same invention in another country which as a punishment for crimes committed or
by treaty, convention, or law affords similar while awaiting trial.
privileges to Filipino citizens, shall be con-
Prisoner of war (POW). Intl. Law. Any person
sidered as filed as of the date of filing the
captured or interned by a belligerent power
foreign application. [Sec. 31, IPC].
during war. In the strictest sense it is applied
Priority Development Assistance Fund only to members of regularly organized
(PDAF). A lumpsum appropriation in the an- armed forces, but by broader definition it
nual General Appropriations Act (GAA) to has also included guerrillas, civilians who
fund the priority development programs and take up arms against an enemy openly, or
projects of the govt. More popularly known noncombatants associated with a military
as the Pork barrel. force.
Priority of possession. Prior possession of Prius tempore, potior jure. Lat. First in time,
the disputed property by a contending party stronger in right. 1. Knowledge gained by
before the controversy arose. the 1st buyer of the 2nd sale cannot defeat
the 1st buyer‘s rights except where the 2nd
Prision correccional. Crim. Law. A correc-
buyer registers in good faith the 2nd sale
tional penalty with a duration of from 6
ahead of the 1st, as provided by the Civ.
months and one day to 6 years except when
Code. Such knowledge of the 1st buyer
suspension is imposed as an accessory
does not bar her from availing of her rights
penalty, in which case, its duration shall be
under the law, among them, to register first
that of the principal penalty.
her purchase as against the second buyer.
Prision correccional, suspension, and But in converso, knowledge gained by the
destierro. Crim. Law. The penalties the du- 2nd buyer of the 1st sale defeats his rights
ration of which shall be from 6 months and even if he is 1st to register the 2nd sale,
one day to 6 years, except when suspension since such knowledge taints his prior regis-
is imposed as an accessory penalty, in tration with bad faith. [Uraca v. CA, GR.
which case, its duration shall be that of the 115158. Sep. 5, 1997].
principal penalty. [Art. 27, RPC].
Privacion de libertad. Sp. Deprivation of liber-
ty. As used in the Spanish text of Art. 157 of

771
the Rev. Penal Code, the term is not the Private corporations. Corps. formed fro some
same as the word "imprisonment" as erro- private purpose, benefit, or end. [De Leon,
neously translated in the English text. Corp. Code of the Phil. Annotated, 1989
Hence, while "imprisonment" cannot include Ed., p. 40]. Compare with Public corpora-
destierro, "privacion de libertad" may include tions.
it. [People v. Abilong, GR L-1960. Nov. 26,
Private crimes. Crimes which cannot be pros-
1948]. Inasmuch as the Rev. Penal Code
ecuted except upon a complaint filed by the
was originally approved and enacted in
offended party, such as concubinage, adul-
Spanish, the Spanish text governs. [People
tery, seduction, abduction, acts of lascivi-
v. Manaba, 58 Phil., 665, 668].
ousness and defamation imputing any of the
Privacy. The state or condition of being free aforesaid offenses. [People v. CFI of Que-
from being observed or disturbed by other zon, Branch VII, GR L-46772. Feb. 13,
people. 1992].
Privacy right. The right to be free from un- Private detective agency. A private detective
sanctioned intrusion. agency is any person, who, for hire or re-
ward or on commission, conducts or carries
Private. Belonging to or concerning, an indi-
on or holds himself or itself out as conduct-
vidual person, company, or interest. [Aqui-
ing or carrying on a detective agency, or de-
no-Sarmiento v. Morato, GR 92541. Nov.
tective service. [Sec. 3, RA 5487].
13, 1991]. Compare with Public.
Private detective. A private detective is any
Private agricultural land. Agricultural land as
person who is not a member of a regular po-
defined in Sec. 2.1 of DAR AO 01-02 and
lice agency of the Armed Forces of the
owned by natural or juridical persons or by
Phils. who does detective work for hire, re-
the govt. in its proprietary capacity. [Sec.
ward, or commission. [Sec. 3, RA 5487].
2.17, DAR AO 01-02]
Private detective agency. Any person, who,
Private archives. Records belonging to pri-
for hire or reward or on commission, con-
vate individuals and/or entities which are of
ducts or carries on or holds himself or itself
enduring archives value. [Sec. 4, RA 9470].
out as conducting or carrying on a detective
Private area of a person. The naked or un- agency, or detective service. [Sec. 3, RA
dergarment clad genitals, public area, but- 5487].
tocks or female breast of an individual. [Sec.
Private development banks. Banks duly
3, RA 9995].
organized under RA 4093 with authority to
Private bills. Bills filed in Congress that will operate under existing laws. [Sec. 4, RA
not operate directly for the public good but 7607].
are calculated to serve goodwill [i.e., bills
Private document. Every deed or instrument
granting honorary membership].
executed by a private person, without the in-
Private carrier. One who, without making the tervention of a public notary or of other per-
activity a vocation, or without holding himself son legally authorized, by which document
or itself out to the public asready to act for some disposition or agreement is proved,
all who may desire his or its services, under- evidenced or set forth. [US v. Orera, GR
takes, by special agreement in a particular 3810. Oct. 18, 1907].
instance only, to transport goods or persons
Private Employment Agency (PEA). 1. Any
from one place to another either gratuitously
individual, legitimate partnership, corp. or
or for hire. [Pereña v. Zarate, GR 157917,
entity licensed to engage in the recruitment
29 Aug. 2012]. Compare with Common car-
and placement of domestic workers for local
riers.
employment. [Sec. 4, RA 10361]. 2. Any

772
person or entity engaged in the recruitment idence of title or patent has not been actual-
and placement of workers for a fee which is ly issued. [Sec. 3, RA 7942].
charged, directly or indirectly, from the
Private law. 1. Body of rules which creates
workers or employers or both. [Art. 13, LC].
duties, rights and obligations, and the
Private Employment Agency Act. Act 3957, means and methods of setting courts in mo-
as amended. [Expressly repealed by the tion for the enforcement of a right or of a re-
Labor Code]. dress of wrong. [Suarez, Stat. Con., (1993),
p. 38]. 2. That law, such as a contract bet. 2
Private enterprise. An economic system un-
persons or a real estate transaction, which
der which property of all kinds can be pri-
applies only to the persons who subject
vately owned and in which individuals, alone
themselves to it.
or in association with another, can embark
on a business activity. This includes indus- Private motor vehicle. Any of the following:
trial, agricultural, agro-industrial or service (a) Any motor vehicle owned by individuals
establishments engaged in the production, and juridical persons for private use; (b) any
manufacturing, processing, repacking, as- motor vehicle owned by the Natl. Govt. or
sembly, or production of goods. [Sec. 1, any of its agencies, instrumentalities or polit-
IRR, RA 7796]. ical subdivisions, incl. GOCCs or their sub-
sidiaries for official use; and (c) any diplo-
Private enterprises. An economic system
matic vehicle.
under which property of all kinds can be pri-
vately owned and in which individuals, alone Private nuisance. 1. A nuisance that is not
or in association with another, can embark included in the definition of Public nuisance.
on a business activity. [Sec. 4, RA 7796]. [Art. 695, CC]. 2. One which violates only
private rights and produces damages to but
Private gratuitous permit. The gratuitous
one or a few persons. [Tolentino, Civ. Code
permit granted by the provincial governor to
of the Phils., Vol. II, Repr. 2001, p. 436].
any owner of land. [Sec. 50, RA 7942].
Private nuisance, Remedies against. (a) A
Private hospital. One which is privately
civil action; or (b) abatement, without judicial
owned, established and operated with funds
proceedings. [Art. 705, CC].
raised or contributed through donations, or
by private capital or other means, by private Private ownership. Property belonging to
individuals, assoc., corp., religious org., firm, private persons either individually or collec-
company or joint stock assoc. [Sec. 2, RA tively. [Memo. from the Exec. Sec. dated
4226]. Aug. 20, 1998].
Private international law. That division of intl. Private parts. Used euphemistically to refer to
law that deals primarily with the rights and a person's genitals.
duties of individuals and NGOs in their intl.
Private practice. The term, as commonly
affairs. See also Conf. of Laws.
understood, means "an individual or org.
Private labeler. An owner of a brand or engaged in the business of delivering legal
trademark on the label of consumer product services.‖ [Cayetano v. Monsod, GR
other than a manufacturer of the product. 100113. Sep. 3, 1991].
[Art. 4, RA 7394].
Private practitioner. The term which in many
Private land. Any land belonging to any pri- ways is synonymous with the word "lawyer."
vate person which includes alienable and [Cayetano v. Monsod, GR 100113. Sep. 3,
disposable land being claimed by a holder, 1991].
claimant, or occupant who has already ac-
Private recruitment entity. Any person or
quired a vested right thereto under the law,
assoc. engaged in the recruitment and
although the corresponding certificate or ev-

773
placement of workers, locally or overseas, vantage or right such as a benefit, exemp-
without charging, directly or indirectly, any tion, power or immunity.
fee from the workers or employers. [Art. 13,
Privilege from arrest. Pol. Law. The immunity
LC].
granted to the members of the Congress
Private right. Titled rights of ownership under under Art. VI, Sec. 11 of the 1987 Consti.
existing laws, and in the case of primitive from arrest, in all offenses punishable by not
tribes, to rights of possession existing at the more than 6 years imprisonment, while the
time a license is granted under the Forestry Congress is in session. See Parliamentary
Reform Code, which possession may in- immunities.
clude places of abode and worship, burial
Privileged. Having special rights, advantages,
grounds, and old clearings, but excludes
or immunities.
production forest inclusive of logged-over
areas, commercial forests and established Privileged communication. 1. A communica-
plantations of forest trees and trees of eco- tion made bona fide upon any subject matter
nomic value. [Sec. 3, PD 705]. in which the party communicating has an in-
terest, or in reference to which he has a duty
Private rural farm school. A rural farm school
and made to a person having a correspond-
operated by a private entity, a[n] NGO or a
ing interest or duty, although it contained in-
farm assoc. This is a school which is not
criminatory matter which without this privi-
funded by the govt. or any of its political
lege would be slanderous and actionable
subdivisions. [Sec. 3, RA 10618].
[Daez v. CA, GR 47971. Oct. 31, 1990]. 2. A
Private schools. Educational institutions statement made by a person in trust to an-
maintained and administered by private in- other, such as a lawyer, a doctor or a priest,
dividuals or groups. [Sec. 26, BP 232]. which statement may not be revealed at the
trial without the consent of the litigant.
Private sector infrastructure or develop-
ment projects. The general description of
infrastructure or development projects nor- Privileged communication. Requisites in
mally financed and operated by the public order that the privilege may be successfully
sector but which will now be wholly or partly invoked: (a) The privilege is claimed in a civ-
implemented by the private sector. [Sec. 2, il case; (b) the person against whom the
RA 7718]. privilege is claimed is one duly authorized to
practice medicine, surgery or obstetrics; (c)
Private Security Agency Law, The. RA 5487
such person acquired the information while
entitled ―An Act to regulate the org. and op-
he was attending to the patient in his pro-
eration of private detective, watchmen or
fessional capacity; (d) the information was
security guards agencies‖ enacted on June
necessary to enable him to act in that ca-
21, 1969.
pacity; and, (e) the information was confi-
Privies. Those who have mutual or successive dential and, if disclosed, would blacken the
relationship to the same rights of property or reputation (formerly character) of the pa-
subject matter such as personal representa- tient. [Krohn v. CA, GR 108854. June 14,
tives, heirs, devisees, legatees, assigns, 1994].
voluntary grantees, or judgment creditors or
Privileged communication doctrine. 1. The
purchasers from them with notice of the
doctrine] that utterances made in the course
facts.
of judicial proceedings, incl. all kinds of
Privilege. 1. A benefit or advantage to certain pleadings, petitions and motions, belong to
persons beyond the advantages of other the class of communications that are abso-
persons, i.e., an exemption, immunity, pow- lutely privileged. [People v. Sesbreno, GR L-
er, etc. 2. A special and exclusive legal ad- 62449 July 16, 1984]. 2. The doctrine that

774
statements made in the course of judicial Prize. Intl. Law. A thing captured at sea in time
proceedings are absolutely privileged - that of war, such as a neutral merchant vessel
is, privileged regardless of defamatory tenor taken by a belligerent warship for engaging
and of the presence of malice - if the same in hostile activities or resisting visit and
are relevant, pertinent, or material to the search, or bec. of reasonable suspicion that
cause in hand or subject of inquiry. [Tolenti- it is liable to confiscation. [Cruz, Intl. Law
no v. Baylosis, GR L-15742 Jan. 31, 1961]. Reviewer, 1996 Ed., p. 152].
Privileged information. Any and all forms of Prize court. Intl. Law. A tribunal established
data which under the Rides of Court and by a belligerent under its own laws, in its ter-
other pertinent laws constitute privileged ritory or in the territory of any of its allies, for
communication. [Sec. 3, RA 10173]. the purpose of determining the validity of
maritime captures. [Cruz, Intl. Law Review-
Privileged motion. A motion that pertains to a
er, 1996 Ed., p. 152].
subject matter which, under the rules, takes
precedence over others. [Rule XXI. §123, Pro bono. Lat. Provided for free. Pro bono
Rules of the HoR]. publico means for the public good.
Privilegia reciprint largan interpretationem Pro forma. Lat. As a matter of form; in keeping
voluntate consonan concedentis. Lat. with a form or practice.
Privileges are to be interpreted in accord-
Pro forma motion for reconsideration. 1. A
ance with the will of him who grants them.
motion which raises as a ground that the
Privity. A legal relationship sufficiently close judgment is against the evidence presented
and direct to support a legal claim on behalf and is against the law without pointing out
of or against another with whom the rela- the findings and pronouncements made in
tionship exists. that judgment that were contrary to evidence
and the law. 2. A motion for reconsideration
Privity of contract. 1. The relationship creat-
which is but a reiteration of the reasons and
ed bet. the parties to a contract. [Torres,
arguments previously set forth in movant‘s
Oblig. & Cont., 2000 Ed., p. 354]. 2. That
memorandum but which has already been
connection or relation which exists bet. 2 or
considered, weighed and resolved adversely
more contracting parties.
to him in the decision rendered on the mer-
Privity of contract doctrine. A doctrine that its.
covers the relationship bet. parties to a con-
Pro hac vice. Lat. For this turn; for this one
tract and other parties or agents. The most
particular occasion.
basic rule is that a contract can neither give
rights to, nor impose obligations on, anyone Pro indiviso. Lat. For an undivided part. The
who is not a party to the orig. agreement. possession or occupation of lands or tene-
ments belonging to 2 or mare persons, and
Privity of estate. That which exists bet. lessor
consequently neither knows his several por-
and lessee, tenant for life and remainder-
tion till divided.
man or reversioner, etc. and their respective
assignees, and bet. joint tenants and co- Pro rata. Lat. 1. In proportion or ratably, or a
partners. division acc. to share, interest or liability of
each [Carried Lumber Co. v. ACCFA, GR L-
Privy. 1. One who is a partaker or has any part
21836. Apr. 22, 1975]. 2. To divide propor-
or interest in any action, matter, or thing. 2.
tionate to a certain rate or interest.
A person who is in privity with another. One
who is a partaker or has any part or interest Pro reo. Lat. For the accused.
in any action, matter, or thing.
Pro reo doctrine. Rem. Law. The legal doc-
trine that holds that whenever a penal law is

775
to be construed or applied and the law ad- been committed and that the objects sought
mits of 2 interpretations - one lenient to the in connection with the offense are in the
offender and one strict to the offender - that place sought to be searched. [Burgos v.
interpretation which is lenient or favorable to Chief of Staff, GR 64261, Dec. 26, 1984].
the offender will be adopted.
Probable cause for the issuance of a war-
Pro reo principle. Rem. Law. [The principle rant of arrest. Rem. Law. Such facts and
which holds that] where the evidence on an circumstances which would lead a reasona-
issue of fact is in question or there is doubt bly discreet and prudent man to believe that
on which side the evidence weighs, the an offense has been committed by the per-
doubt should be resolved in favor of the ac- son sought to be arrested. [Allado v. Diokno,
cused. [People v. Abarquez, GR 150762, 20 GR 113630 May 5, 1994].
Jan. 2006]. See also In dubio pro reo.
Probable cause, Determination of. Rem.
Compare with Equipoise rule.
Law. Kinds: Executive and judicial. [People
Pro se. Lat. 1. In one's personal behalf. 2. For v. Castillo, GR 171188, June 19, 2009]. See
himself; in his own behalf. One who does Executive determination of probable
not retain a lawyer and appears for himself cause and Judicial determination of
in court. Contrast with Pro socio. probable cause.
Pro socio. Lat. On behalf of a partner; not on Probable cause, Existence of. Rem. Law.
one's personal behalf. Contrast with Pro se. Requisites: (a) The judge (or) officer must
examine the witnesses personally; (b) the
Pro tanto. Lat. For so much; for as much as
examination must be under oath; and (c) the
may be; as far as it goes.
examination must be reduced to writing in
Pro tempore. Lat. Something done temporari- the form of searching questions and an-
ly only and not intended to be permanent. swers. [Marinas v. Siochi, GR L-25707 &
25753-25754 May 14, 1981].
Probable. Likely to be the case or to happen.
Probandi necessitas incumbit illi qui agit.
Probable aggressor. In the natural order of Lat. The necessity of proving lies with him
things, the person who, before the event in who makes the charge. [Used in Ravago
question, had felt aggrieved or offended. Equipment Rentals, Inc. v. CA, GR 121313.
Probable cause. Rem. Law. 1. Such reasons, Apr. 10, 1997].
supported by facts and circumstances, as
Probate. Spec. Pro. 1. The legal procedure to
will warrant a cautious man in the belief that determine whether a certain document
his action, and the means taken in prosecut- claimed to be a last will and testament is
ing it, are legally just and proper. [Bernas,
valid and properly executed in compliance
The Consti. of the Rep. of the Phils.: A with law. [Torres, Oblig. & Cont., 2000 Ed.,
Commentary, Vol. I., 1987 Ed., p. 86]. 2. p. 354]. 2. Court proceeding by which a will
The existence of such facts and circum- is proved valid or invalid. All proceedings
stances as would excite the belief, in a rea- pertaining to the administration of estates
sonable mind, acting on the facts within the
such as the process by which assets are
knowledge of the prosecutor, that the per- gathered; applied to pay debts, taxes, and
son charged was guilty of the crime for expenses of administration; and distributed
which he was prosecuted. [Que v. IAC, GR to those designated as beneficiaries in the
66865, Jan. 13, 1989]. will. 3. The formal certificate given by a court
Probable cause for a search warrant. Rem. that certifies that a will has been proven, val-
Law. Such facts and circumstances which idated and registered and which, from that
would lead a reasonably discrete and pru- point on, gives the executor the legal author-
dent man to believe that an offense has

776
ity to execute the will. See Allowance of the qualifications to meet the reasonable
wills. standards for permanent employment.
[Woodridge School v. Pe Benito, GR
Probate court. Spec. Pro. 1. A tribunal of
160240, Oct. 29, 2008].
limited jurisdiction. It acts on matters per-
taining to the estate but never on the rights Probationary appointment. Labor. [An ap-
to property arising from the contract. [Pio pointment which] affords the employer an
Baretto Realty Dev., Inc. v. CA, GR L- opportunity to observe the skill, competence
62432, 3 Aug. 1984]. 2. The court with au- and attitude of a probationer. [Woodridge
thority to supervise estate administration. 3. School v. Pe Benito, GR 160240, Oct. 29,
The name given to the court that has this 2008].
power to ratify wills.
Probationary employee. Labor. As under-
Probation. Crim. Law. 1. A disposition under stood under Art. 282 [now Art. 281] of the
which a defendant, after conviction and sen- Labor Code, one who is on trial by an em-
tence, is released subject to conditions im- ployer during which the employer deter-
posed by the court and to the supervision of mines whether or not he is qualified for per-
a probation officer. [Sec. 3, PD 968]. 2. A manent employment. [Intl. Catholic Migra-
special privilege granted by the state to a tion Commission v. NLRC, GR 72222. Jan.
penitent qualified offender. It essentially re- 30, 1989].
jects appeals and encourages an otherwise
Probationary employees. Civ. Serv. Appoin-
eligible convict to immediately admit his lia-
tees who [having met] all the requirements
bility and save the state the time, effort and
of the position must serve a probationary
expenses to jettison an appeal. [Francisco v.
period of 6 months following their orig. ap-
CA, GR 108747 Apr. 6, 1995]. 3. An alterna-
pointment and shall undergo a thorough
tive disposition, ordered by the court, under
character investigation in order to acquire
which a child in conflict with the law is re-
permanent civil service status. [Sec. 26, par.
leased after conviction and sentence and
1, Chap. 5, Book V, Title I-A of the Rev.
permitted to remain at home or with an ap-
Admin. Code of 1987; Daza v. Lugo, GR
propriate custodian, subject to certain terms
168999, Apr. 30, 2008].
and conditions imposed by the court. [Rule
on Juveniles in Conflict with The Law, AM Probationary employment. Labor. Employ-
02-1-18-SC, Nov. 24, 2009]. ment which shall not exceed 6 months from
the date the employee started working, un-
Probation Law of 1976. Crim. Law. PD 968.
less it is covered by an apprenticeship
entitled ―Establishing a probation system,
agreement stipulating a longer period. The
appropriating funds therefor and for other
services of an employee who has been en-
purposes‖ signed into law on July 24, 1976.
gaged on a probationary basis may be ter-
Probation officer. Crim. Law. One who inves- minated for a just cause or when he fails to
tigates for the court a referral for probation qualify as a regular employee in accordance
or supervises a probationer or both. [Sec. 3, with reasonable standards made known by
PD 968]. the employer to the employee at the time of
his engagement. An employee who is al-
Probationary. Labor. [The term], as used to
lowed to work after a probationary period
describe the period of employment, implies
shall be considered a regular employee.
the purpose of the term or period. While the
[Art. 281, LC].
employer observes the fitness, propriety and
efficiency of a probationer to ascertain Probationary period. Civ. Serv. The 1st 6
whether he is qualified for permanent em- months of the service following an orig. ap-
ployment, the probationer at the same time, pointment [during which period] the appoin-
seeks to prove to the employer that he has tee shall undergo a thorough character in-

777
vestigation. A probationer may be dropped ceeding can know the various issues in-
from the service for unsatisfactory conduct volved, and the reasons for the decisions
or want of capacity anytime before the expi- rendered. [Ang Tibay v. CIR, GR 46496.
ration of the probationary period. [Sec. 4(a), Feb. 27, 1940]. Procedural due process in
Rule II, 1998 CSC Omnibus Rules on Ap- judicial proceedings.
pointments and Other Personnel Actions].
Procedural due process in judicial proceed-
Probationer. Crim. Law. A person placed on ings. Requirements: (a) There must be a
probation. [Sec. 3, PD 968]. court of tribunal clothed with judicial power
to hear and determine the matter before it;
Probative. Having the quality or function of
(b) jurisdiction must be lawfully acquired
proving or demonstrating something.
over the person of the defendant or over the
Probative value. Evidence which is sufficiently property which is the subject of the proceed-
useful to prove something important in a tri- ing; (c) the defendant must be given an op-
al. portunity to be heard; and (d) judgment must
rendered upon lawful hearing. [El Blanco
Procedural. Of or relating to procedure. Español-Filino, v. Palanca, GR L-11390.
Procedural due process. That which hears Mar. 26, 1918]. Compare with Procedural
before it condemns, which proceeds upon due process in administrative proceed-
inquiry and renders judgment only after trial. ings.
It contemplates notice and opportunity to be Procedural lapse or error. Proceedings [that
heard before judgment is rendered affecting are deemed to be] null and void if and when
one's person or property. [Macabingkil v. the error is shown to have caused harm.
Yatco, GR L-23174. Sep. 18, 1967]. Com-
[Lindo v. Comelec, GR 95016. Feb. 11,
pare with Substantive due process. 1991].
Procedural due process. Common elements: Procedural law. 1. The body of law that pre-
(a) Notice; and (b) opportunity to be heard.
scribes formal steps to be taken in enforcing
[Suarez, Pol. Law Reviewer, 1st Ed., 2002, legal rights. See Adjective law. 2. Also
p. 98]. called Adjective private law. The means
Procedural due process in administrative and methods of setting the courts in motion,
proceedings. Requirements: (a) The right making the facts known to them and effec-
to a hearing which includes the right of the tuating their judgments. [Suarez, Stat. Con.,
party interested or affected to present his (1993), p. 39]. Compare with Substantive
own case and submit evidence in support private law.
thereof; (b) the tribunal must consider the
Procedure. The means whereby the court
evidence presented; (c) the decision must reaches out to restore rights and remedy
have something to support itself; (d) the evi- wrongs, and includes every step which may
dence must be substantial; (e) the decision be taken from the beginning to the end of a
must be rendered on the evidence present- case [Maritime Co. v. Paredes, GR L-24811.
ed at the hearing, or at least contained in
Mar. 3, 1967].
the record and disclosed to the parties af-
fected; (f) the tribunal or body or any of its Proceeding. Rem. Law. 1. A judicial, adminis-
judges must act on its or his own independ- trative, or other adjudicative process, incl.
ent consideration of the law and facts of the related pre-hearing motions, conferences
controversy, and not simply accept the and discovery. [Sec. 3, RA 9285]. 2. Any
views of a subordinate in arriving at a deci- procedural means for seeking redress from
sion; (g) the tribunal or body should, in all a tribunal or agency. It is the business con-
controversial questions, render its decision ducted by a court or other official body.
in such a manner that the parties to the pro-

778
[Delgado v. Gonzales, GR 184337, Aug. 7, treatment or a series of actions that results
2009, 7th ed., 1999]. in a change of the nature or state of the
products, such as by slaughtering, milling,
Proceedings. Corp. Law. Judicial proceedings
pasteurizing, drying or desiccating, quick
commenced by the court's acceptance of a
freezing, and the like. Merely packing, pack-
petition filed under RA 10142. [Sec. 4, RA
aging, or sorting out and classifying shall
10142].
not, by themselves, constitute processing.
Proces verbal. Intl. Law. The formal record of [Sec. 3, RA 6135].
the proceedings or conference, for which
Processing plant. Any mechanical set-up,
sometimes the term ―protocol‖ is used. [Co-
machine or combination of machine used for
quia and Santiago, Intl. Law, 3rd Ed. (1998),
the processing of logs and other forest raw
p. 494].
materials into lumber, veneer, plywood,
Process. It is equivalent to, or synonymous wallboard, blackboard, paper board, pulp,
with proceedings or procedure and embrac- paper or other finished wood product. [Sec.
es all the steps and proceedings in a cause 3, Rev. Forestry Code].
from its commencement to its conclusion.
Processor. A person issued a license to en-
Sometimes, the term is also broadly defined
gage in the treatment of minerals or ore-
as the means whereby a court compels
bearing materials such as by gravity con-
compliance with its demands. [Macondray v.
centration, leaching benefication, cyanida-
Bernabe, GR L-45410 Apr. 29, 1939].
tion, cutting, sizing, polishing and other simi-
Process server. [A court employee whose] lar activities. [Sec. 3, RA 7076].
primary duty is ―to serve court notices‖
Processual presumption. The presumption
which precisely requires utmost care on his
that, in the absence of proof, the foreign law
part by seeing to it that all notices assigned
is the same as the law of the forum. [Mi-
to him are duly served upon the parties. [Da-
ciano v. Brimo, GR L-22595 Nov. 1, 1927].
jao v. Lluch, AM OCA P-02-1570. Apr. 3,
2002]. Processual presumption doctrine. The doc-
trine holding that the foreign law, whenever
Processed. [The term] includes all methods of
applicable, should be proved by the propo-
manufacture and preservation but does not
nent thereof, otherwise, such law shall be
include prepackaged fresh, chilled or frozen
presumed to be exactly the same as the law
meat. [Sec. 4, RA 9296].
of the forum.
Processed food or Food products. Food that
Proclamation. The official and public an-
has been subjected to some degree of pro-
nouncement, or declaration of the winning
cessing like milling, drying, concentrating,
candidates in an election.
canning, or addition of some ingredients
which changes partially or completely the Proclamations. Acts of the Pres. fixing a date
physico-chemical and/or sensory character- or declaring a status or condition of public
istics of the food's raw material. [Sec. 3, RA moment or interest, upon the existence of
8976]. which the operation of a specific law or
regulation is made to depend, shall be
Processing. 1. Any operation or any set of
promulgated in proclamations which shall
operations performed upon personal infor-
have the force of an EO. [Sec. 4, Admin.
mation incl., but not limited to, the collection,
Code of 1987].
recording, org., storage, updating or modifi-
cation, retrieval, consultation, use, consoli- Procuration. 1. Civ. Law. Agency; proxy; the
dation, blocking, erasure or destruction of act of constituting another one‘s attorney in
data. [Sec. 3, RA 10173]. 2. Converting raw fact. 2. Nego. Inst. Nego. Inst. The act by
materials into marketable form by a special which a principal gives power to another to

779
act in his place as he could himself. [Fink v. television, wherein the services of such child
Scott, 143 S.E. 3053]. 2. Indorsing a bill or or employee are hired. [Sec. 2, RA 7658].
note ―by procuration‖ is doing it as proxy to
Producer goods. Goods [as tools and raw
another or by his authority.
material] that are factors in the production of
Procurement. 1. The acquisition of goods, other goods and that satisfy wants only indi-
consulting services, and the contracting for rectly; also called auxiliary goods, instru-
infrastructure projects by the procuring enti- mental goods, intermediate goods. [They
ty. Procurement shall also include the lease are by their very nature not sold to the public
of goods and real estate. With respect to re- for consumption.] [Marsman & Co. v. First
al property, its procurement shall be gov- Coconut Central Co., GR L-39841. June 20,
erned by the provisions of RA 8974. [Sec. 5, 1988, 1971 Ed.].
RA 9184]. 2. The acquisition of supplies or
Producer of a sound recording. The person,
property, incl. non-personal services, by
or the legal entity, who or which takes the in-
written order or contract through bidding or
itiative and has the responsibility for the 1st
negotiation or by transfer under existing
fixation of the sounds of a performance or
laws or regulations. [IRR on Supply & Prop.
other sounds, or the representation of
sounds. [Sec. 202, RA 8293].
Procuring entity. Any branch, department,
Producers cooperative. One that undertakes
office, agency, or instrumentality of the
joint production whether agricultural or in-
govt., incl. state universities and colleges,
dustrial. [Art. 23, RA 6938].
GOCCs, GFIs, and LGUs procuring goods,
consulting services and infrastructure pro- Producing patented mineral claims. Those
jects. [Sec. 5, RA 9184]. claims producing minerals for commercial
purposes. [Sec. 18, PD 464].
Procuring entity, Head of the. (i) The head of
the agency or his duly authorized official, for Product. Anything that is produced, whether
natl. govt. agencies; (ii) the governing board as the result of generation, growth, labor or
or its duly authorized official, for GOCCs; or thought. [Molina v. Rafferty, GR L-11988
(iii) the local chief exec., for LGUs. Provided, Apr. 4, 1918].
That in a department, office or agency
where the procurement is decentralized, the Product confusion. Also called Confusion of
goods. Intel. Prop. [A type of confusion that
Head of each decentralized unit shall be
considered as the Head of the procuring en- arises from the use of similar or colorable
tity subject to the limitations and authority imitation marks] in which the ordinarily pru-
dent purchaser would be induced to pur-
delegated by the head of the department, of-
fice or agency. [Sec. 5, RA 9184]. chase one product in the belief that he was
purchasing the other. [Sterling Products Intl.,
Prodigality. Civ. Law. A morbid state of mind Inc. v. Farbenfabriken Bayer Aktiengesell-
and a disposition to spend, waste, and less- schaft, GR L-19906 Apr. 30, 1969]. Com-
en the estate to such an extent as is likely to pare with Confusion of business.
expose the family to want of support, or to
deprive the forced heirs of their undisposa- Product liability. Legal responsibility of manu-
ble part of the estate. [Martinez v. Martinez, facturers and sellers to buyers, users, and
GR 445. Mar. 31, 1902]. bystanders for damages or injuries suffered
bec. of defects in goods.
Producer. Any individual or group of individu-
Production cost. The total of the cost of direct
als engaged in the production of movies,
films, motion pictures, shows or advertise- labor, raw materials, and manufacturing
ments, whether on cinema, theater, radio or overhead, determined in accordance with
generally accepted accounting principles,
which are incurred in manufacturing or pro-

780
cessing the products of a registered export ment shall be ratified by at least a majority
producer. [Sec. 3, RA 6135]. of the employees who have rendered at
least 6 months of continuous service. [Sec.
Production infrastructure. Farm-to-market
4, RA 6971].
roads, irrigation, rural electrification, ports,
drying areas, public sites, warehouses and Profectitious. Proceeding from, as from a
other physical facilities used for productivity parent; derived, as from an ancestor.
enhancing services, extension management
Profectitious property. 1. Property given by
assistance, training, research and develop-
the parents to the minor child for the latter to
ment. [Sec. 4, RA 7607].
administer. It is owned by the parents who
Production Order. The Order issued by the are also the usufructuary of the property. 2.
court, justice or judge, upon verified motion Property owned by the parents. However,
and after due hearing, to any person in pos- this property is given to the child for him to
session, custody or control of any designat- administer. Compare with Adventitious
ed documents, papers, books, accounts, let- property.
ters, photographs, objects or tangible things,
Profession. A paid occupation, esp. one that
or objects in digitized or electronic form,
involves prolonged training and a formal
which constitute or contain evidence rele-
qualification.
vant to the petition or the return, to produce
and permit their inspection, copying or pho- Professional. 1. One who pursues an art and
tographing by or on behalf of the movant. makes his living therefrom such as artists,
[Rule on the Writ of Amparo, Sec. 14, AM athletes and others similarly situated. [Sec.
07-9-12-SC, Oct. 24, 2007]. Compare with 2, RA 7496]. 2. A person who engages in an
Temporary Protection Order, Inspection activity with great competence. [Reyes v.
Order and Witness Protection Order. Rural Bank of San Miguel (Bulacan), Inc.,
GR 154499, Feb. 27, 2004, 144].
Production standard workers. Labor. Those
whose performance is measured based on Professional interior designer. A natural
an imposed minimum amount or quantity of person who holds a valid certificate of regis-
production for a given period, usu. 8 hours. tration and a valid professional identification
See Quota workers. card issued by the Board and the Commis-
sion pursuant to RA 10350.
Productivity. Productiveness; the quality of
being productive or having the power to Professional Practitioners. Health Ins. [They]
produce. include doctors, lawyers, certified public ac-
countants, and other practitioners required
Productivity Incentives Act of 1990. RA
to pass govt. licensure examinations in or-
6971 entitled ―An Act to encourage produc-
der to practice their professions. [Sec. 3, RA
tivity and maintain industrial peace by
10606].
providing incentives to both labor and capi-
tal‖ enacted on Nov. 22, 1990. Professional Regulation Commission
(PRC). A 3-man commission attached to the
Productivity incentives program. A formal
office of the Pres. of the Rep. of the Phils.
agreement established by the labor-
Its mandate is to regulate and supervise the
management committee containing a pro-
practice of the professionals who constitute
cess that will promote gainful employment,
the highly skilled manpower of the country. It
improve working conditions and result in in-
was created under PD 223 on June 22,
creased productivity, incl. cost savings,
1973.
whereby the employees are granted salary
bonuses proportionate to increases in cur- Professional reinsurer. Any person, partner-
rent productivity over the average for the ship, assoc. or corp. that transacts solely
preceding 3 consecutive years. The agree-

781
and exclusively reinsurance business in the Pro-forma motion. A motion that merely ad-
Phils. [Sec. 280, IC]. vances facts or arguments that were already
available when the preceding motion for re-
Professional squatters. Individuals or groups
consideration was submitted. Such suc-
who occupy lands without the express con-
ceeding motion should not interrupt any pro-
sent of the landowner and who have suffi-
cedural period by the Rules of Court. [PAL,
cient income for legitimate housing. The
Inc. v. Arca, GR L-22729, Feb. 9, 1967].
term shall also apply to persons who have
previously been awarded homelots or hous- Pro-forma motion for new trial. 1. A motion
ing units by the Govt. but who sold, leased for new trial based exactly on the very
or transferred the same to settle illegally in ground alleged in the motion for reconsider-
the same place or in another urban area, ation, which does not suspend the period
and non-bona fide occupants and intruders granted by law for perfecting an appeal.
of lands reserved for socialized housing. [Samudio v. Mun. of Gainza, GR L-8990
The term shall not apply to individuals or Feb. 28, 1957]. 2. A motion for new trial
groups who simply rent land and housing where the evidence claimed to be newly
from professional squatters or squatting discovered is not specifically described in
syndicates. [Sec. 3, RA 7279]. the motion. [See Loria v. CA, GR L-19198.
Dec. 29, 1962]. 3. A motion for new trial on
Professionalism. The conduct, aims, or quali-
the ground of newly discovered evidence
ties that characterize or mark a profession.
which does not set forth facts or circum-
[Reyes v. Rural Bank of San Miguel (Bulac-
stances which would qualify said evidence
an), Inc., GR 154499, Feb. 27, 2004].
as newly discovered. [Dapin v. Dionaldo,
Professionals. Persons who derive their in- GR 55488. May 15, 1992].
come from the practice of their profession.
Pro-forma parties. Civ. Pro. Those who are
This includes lawyers and other persons
required to be joined as co-parties in suits
who are registered with the PRC such as
by or against another party as may be pro-
doctors, dentists, certified public account-
vided by the applicable substantive law or
ants and others similarly situated. [Sec. 2,
procedural rule.
RA 7496].
Program. 1. A homogeneous group of activi-
Profit. 1. The series of an amount received
ties necessary for the performance of a ma-
over the amount paid for goods and ser-
jor purpose for which a govt. agency is es-
vices. [Nicolas v. CA, GR 122857. Mar. 27,
tablished, for the basic maintenance of the
1998]. 2. The excess of return over expendi-
agency‘s admin. operations or for the provi-
ture in a transaction or series of transac-
sions of staff support to the agency‘s admin-
tions. [Nicolas v. CA, GR 122857. Mar. 27,
istrative operations or for the provisions of
1998, Unabr., 1986].
staff support to the agency‘s line functions.
Profiteer. One who makes excessive profits 2. The functions and activities necessary for
on goods in short supply. the performance of a major purpose for
which a govt. agency is established. [Sec. 2,
Profiteering. The sale or offering for sale of Chap. 1, Book VI, EO 292].
any basic necessity or prime commodity at a
price grossly in excess of its true worth. Program loan. A multi-purpose foreign loan
[Sec. 5, RA 7581]. not used to finance a specific project but is
conditioned on basic changes in economic,
Pro-forma. Lat. As a matter of form. 1. Done
monetary or fiscal policies, among others.
as a formality; perfunctory. 2. Provided in
advance so as to prescribe form or describe Program or Project assessment. A review of
items. accomplishments against target objectives.

782
Programmed appropriation. Total appropria- cases covered by under Sec. 19 of the Rev.
tions available for release during the year. Rules on Summary Procedure. [Bayview
Hotel v. CA, GR 119337. June 17, 1997].
Progress map. Map showing the current and
cumulative extent of areas assessed and Prohibited publication of acts referred to in
surveyed pursuant to DENR AO 2008-24. the course of official proceedings. Crim.
[Sec. 4, DENR AO 2008-24]. Law. The felony committed by any reporter,
editor or manager or a newspaper, daily or
Progressive. Happening or developing gradu-
magazine, who shall publish facts connect-
ally or in stages; proceeding step by step.
ed with the private life of another and offen-
Progressive tax. Also Graduated tax. 1. Tax sive to the honor, virtue and reputation of
the rate of which increases as the tax base said person, even though said publication
or bracket decreases. [De Leon, Fundamen- be made in connection with or under the
tals of Taxation, 2000 Ed., p. 15]. 2. A tax in pretext that it is necessary in the narration of
which the rate of taxation increases as in- any judicial or administrative proceedings
come increases. wherein such facts have been mentioned.
[Art. 357, RPC].
Progressive taxation. Taxation the rate of
which goes up depending on the resources Prohibited transactions. Crim. Law. The
of the person affected. [Reyes v. Almanzor, felony committed by any appointive public
GR 49839-46. Apr. 26, 1991]. Compare with officer who, during his incumbency, shall di-
Equitable taxation. rectly or indirectly become interested in any
transaction of exchange or speculation with-
Prohibited. Forbidden, banned or barred by in the territory subject to his jurisdiction. [Art.
the authority.
215, RPC].
Prohibited detention. Secret detention plac- Prohibition. A legal restriction against the use
es, solitary confinement, incommunicado or of something or against certain conduct.
other similar forms of detention, where tor-
ture may be carried out with impunity [which] Prohibition, interruption and dissolution of
are prohibited [by law]. [Sec. 7, RA 9745]. peaceful meetings. Crim. Law. The felony
committed by any public officer or employ-
Prohibited drug. 1. This includes opium and ee: (a) who, without legal ground, shall pro-
its active components and derivatives, such hibit or interrupt the holding of a peaceful
as heroin and morphine; coca leaf and its
meeting, or shall dissolve the same; or (b)
derivatives, principally cocaine; alpha and who shall hinder any person from joining
beta eucaine; hallucinogenic drugs, such as any lawful assoc. or from attending any of its
mescaline, lysergic acid diethylamide (LSD)
meetings, or (c) who shall prohibit or hinder
and other substances producing similar ef- any person from addressing, either alone or
fects; Indian hemp and its derivates; all together with others, any petition to the au-
preparations made from any of the forego- thorities for the correction of abuses or re-
ing; and other drugs, whether natural or syn- dress of grievances. [Art. 131, RPC].
thetic, with the physiological effects of a
narcotic drug. [Sec. 2, RA 6425]. 2. This in- Prohibition, Petition for. Civ. Pro. 1. Preven-
cludes opium, cocaine, alpha and beta eu- tive action intended to stop the court, corp.,
caine, Indian hemp, their derivatives, and all board or person exercising judicial or minis-
preparations made from them or any of terial functions from the usurping or exercis-
them, and such other drugs, whether natural ing jurisdiction which it/he does not have.
or synthetic, having physiological action as a Prohibition does not undo action but re-
narcotic drug. [Art. 190, RPC]. straints further proceedings. An aggrieved
party may file this petition if there is no ap-
Prohibited pleadings and motions. Plead-
peal or any other plain, speedy or adequate
ings, motions, or petitions not allowed in the

783
remedy in the ordinary course of law which Project employees. Those assigned to carry
will prevent the performance of some act. 2. out a "specific project or undertaking," the
A verified petition that a person aggrieved duration (and scope) of which were speci-
by the proceedings of any tribunal, corp., fied at the time the employees were en-
board, or person, whether exercising judicial gaged for that project. [ALU-TUCP v. NLRC,
or ministerial functions [which] are without or GR 109902. Aug. 2, 1994].
in excess of its or his jurisdiction or with
Project. Apecial agency undertaking which is
grave abuse of discretion, and there [being]
to be carried out within a definite time frame
no appeal or any other plain, speedy, and
and which is intended to result some pre-
adequate remedy in the ordinary course of
determined measure of goods and services.
law, may file in the proper court alleging the
facts with certainty and praying that judg- Project cost. The total amount necessary to
ment be rendered commanding the defend- implement and complete a project over a
ant to desist from further proceedings in the given period of time.
action or matter specified therein. [Sec. 2,
Rule 65, RoC]. Project employment. Labor. An employment
where the employees are employed in con-
Prohibitive laws, Rule on. Civ. Law. The rule nection with a particular construction project.
that prohibitive laws concerning persons, [Poquiz, Labor Rel. Law, 1999 Ed. p. 318].
their acts or property, and those which have
for their object public order, public policy Project feasibility study. It involves the inves-
and good customs shall not be rendered in- tigation of the market, technical, financial,
effective by laws, or judgments promulgat- economic, and operational viability of the
project. Specifically, it looks into the alterna-
ed, or by determinations or conventions
agreed upon in a foreign country. [Art. 17, tive technical schemes to attain the project‘s
CC]. objectives incl. possible size, location, pro-
duction process, and physical and financial
Prohibitory injunction. Rem. Law. An injunc- resource requirements. The study also de-
tion that operates to restrain the commission termines whether the project would gener-
or continuance of an act and to prevent ate sufficient benefits to offset estimated in-
threatened injury. It commands a person to vestment and operating costs. Similarly, it
refrain from doing an act. Its sole objective ascertains which of the alternatives would
is to preserve the status quo until the merits yield the largest positive return to the econ-
can be heard. 2. The relief demanded in the omy that would justify its use of resources.
plaintiff's complaint which consists in re- Finally, it seeks the most suitable legal, ad-
straining the commission or continuance of ministrative and organizational arrange-
the act complained of, either perpetually or ments to ensure that implementation would
for a limited period, and the other conditions proceed as planned and that completed fa-
required by Sec. 3, Rule 58 of the Rules of cilities would be properly maintained and
Court are present. The purpose of this pro- operated. [Sec. 2.18, DAR AO 01-02].
visional remedy is to preserve the status
quo of the things subject of the action during Project loan. A foreign loan obtained to fi-
the pendency of the suit. [Calo v. Roldan, nance a specific project.
GR L-252. Mar. 30, 1946]. Compare with Project proponent. The private sector entity
Mandatory injunction. which shall have contractual responsibility
for the project and which shall have an ade-
Project. A component of a program covering a
homogenous group of activities that results quate financial base to implement said pro-
in the accomplishment of an identifiable out- ject consisting of equity and firm commit-
ments from reputable financial institutions to
put. [Sec. 2, Chap. 1, Book VI, EO 292].
provide, upon award, sufficient credit lines to

784
cover the total estimated cost of the project. was relied upon, and if a refusal to enforce it
[Sec. 2, RA 7718]. would be virtually to sanction the perpetra-
tion of fraud or would result in other injus-
Projection. Data which approximates future
tice. In this respect, the reliance by the
event, derived from statistics or econometric
promisee is generally evidenced by action or
tool.
forbearance on his part, and the Idea has
Projects. Special agency undertakings which been expressed that such action or forbear-
are to be carried out within a definite time ance would reasonably have been expected
frame and which are intended to result some by the promisor. Mere omission by the
pre-determined measure of goods and ser- promisee to do whatever the promisor prom-
vices. ised to do has been held insufficient 'for-
bearance' to give rise to a promissory es-
Prolonging performance of duties and toppel.' [Ramos v. Central Bank of the
powers. Crim. Law. The felony committed Phils., GR L-29352, Oct. 4, 1971].
by any public officer who shall continue to
exercise the duties and powers of his office, Promissory note. 1. An unconditional promise
employment or commission, beyond the pe- in writing made by one person to another,
riod provided by law, regulation or special signed by the maker, engaging to pay on
provisions applicable to the case. [Art. 237, demand, or at a fixed or determinable future
RPC]. time, a sum certain in money to order or to
bearer. Where a note is drawn to the mak-
Promisee. 1. An individual to whom a promise er's own order, it is not complete until in-
is made. 2. A person who is to be the bene- dorsed by him. [Sec. 184, NIL]. 2. A solemn
ficiary of a promise, an obligation or a con-
acknowledgment of a debt and a formal
tract. Synonymous to Obligee. commitment to repay it on the date and un-
Promissor. 1. An individual who makes a der the conditions agreed upon by the bor-
promise. 2. The person who has become rower and the lender. [Sierra v. CA, GR
obliged through a promise [usu. expressed 90270, July 24, 1992]. Compare with Bill of
in a contract] towards another, the intended exchange.
beneficiary of the promise being referred to Promissory representation. Ins. Any promise
as the promisee. Also sometimes referred to to be fulfilled after the contract has come in-
a Obligor.
to existence or any statement concerning
Promissory. Conveying or implying a promise. what is to happen during the existence of
the insurance.
Promissory estoppel. 1. An estoppel that
may arise from the making of a promise, Promissory warranty. 1. A statement in a
even though without consideration, if it was policy which imparts that it is intended to do
intended that the promise should be relied or not to do a thing which materially affects
upon and in fact it was relied upon, and if a the risk and that such act or omission shall
refusal to enforce it would be virtually to take place. [Sec. 72, IC]. 2. A kind of war-
sanction the perpetration of fraud or would ranty that is in the nature of a condition sub-
result in other injustice. [Ramos v. Central sequent, and a breach thereof invalidates
Bank, GR L-29352, Oct. 4, 1971]. 2. A the policy from the time of breach. [Tiopian-
promise which estops the promisee from co, Commentaries & Jurisp. on the Ins.
asserting or taking certain action. Code of the Phil., 1999 Ed., p. 74].
Promissory estoppel doctrine. The doctrine Promoter. A person who, acting alone or with
under which an estoppel may arise from the others, takes initiative in founding and or-
making of a promise, even though without ganizing the business or enterprise of the
consideration, if it was intended that the issuer and receives consideration therefor.
promise should be relied upon and in fact it [Sec. 3, SRC].

785
Promoter of a company or a proposed Promulgation. Rem. Law. 1. The process by
company. A person who, acting alone or in which a decision is published, officially an-
concert with other persons, is initiating or di- nounced, made known to the public or de-
recting, or has within one year initiated or di- livered to the clerk of court for filing, coupled
rected, the org. of such company. [Sec. 3, with notice to the parties or their counsel.
RA 2629]. [Neria v. Comm. of Immigration, GR L-
24800, May 27, 1968]. 2. The filing of the
Promotion. Admin. Law. The advancement
signed decision with the clerk of court.
from one position to another with an in-
[Sumbing v. Davide, GR 86850-51, July 20,
crease in duties and responsibilities as au-
1989]. Compare with Rendition.
thorized by law, and usu. accompanied by
an increase in salary. [Millares v. Subido, Promulgation of judgment. Rem. Law. The
GR L-23281, Aug. 10, 1967]. Compare with reading of a judgment or sentence in the
Transfer. presence of the accused and the judge of
the court who rendered it; it is not the date
Promotion shares. Corp. Law. (a) Such
of the writing of the decision or judgment.
shares as are issued to those who may orig-
[Enriquez v. Villarta, AM MTJ-02-1398, Feb.
inally own the mining or valuable rights con-
27, 2002].
nected therewith, in consideration of their
deeding the same to the mining company Promulgation of judgment in absentia.
when the company is incorporated, or (b) Rem. Law. The promulgation of judgment by
such shares as are issued to promoters, or recording it in the criminal docket and serv-
those in some way interested in the compa- ing the accused a copy thereof at his last
ny, or for services rendered in launching or known address or through his counsel, in
promoting the welfare of the company, such case he fails to appear at the scheduled
as advancing the fees for incorporating, ad- date of promulgation of judgment despite
vertising, attorney‘s fees, surveying, etc. [De notice. [Sec. 6 , Rule 120, RoC].
Leon, Corp. Code of the Phil. Annotated,
Promulgation of the judgment. Rem. Law.
1989 Ed., p. 63].
Delivery of the decision to the clerk of court
Promotional share. A share issued by pro- for filing and publication. [People v. CA &
moters or those in some way interested in Domalaon, GR L-9111-3 Aug. 28, 1956].
the company, for incorporating the compa-
Proof. The degree or kind of evidence which
ny, or for services rendered in launching or
will produce full conviction, or establish the
promoting the welfare of the company.
proposition to the satisfaction of the court.
Promotions. An event or activity organized by [Francisco, Evidence, Vol. VII, Part 1, 1997
or on behalf of a tobacco manufacturer, dis- Ed., p. 2].
tributor or retailer with the aim of promoting
Proof beyond reasonable doubt. 1. Proof
a brand of tobacco product, which event or
that calls for moral certainty of guilt. [People
activity would not occur but for the support
v. Raquel, GR 119005. Dec. 2, 1996]. 2.
given to it by or on behalf of the tobacco
Such proof to the satisfaction of the court,
manufacturer's name, trademark, logo, etc.
keeping in mind the presumption of inno-
on non-tobacco products. [Sec. 4, RA 9211].
cence, as precludes every reasonable hy-
Prompt. Done without delay. pothesis except that which it is given to sup-
port. It is not sufficient for the proof to estab-
Promulgation. Elec. Law. The process of
lish a probability, even though strong, that
officially issuing the court‘s decision or order
the fact charged is more likely to be true
in an election contest. [Sec. 3, Rule 1, AM
than the contrary. It must establish the truth
10-4-1-SC, May 4, 2010].
of the fact to a reasonable and moral cer-
tainty - a certainty that convinces and satis-

786
fies the reason and the conscience of those legal situation should be the law having the
who are to act upon it. [US v. Reyes, GR L- closest and most real connection to the
1374 Dec. 3, 1903]. case.
Proof liter. A liter of proof spirits. [Sec. 141, Proper look-out. Mar. Law. One who has
NIRC, as amended]. been trained as such and who is given no
other duty save to act as a look-out and who
Proof of loss. Ins. The more or less formal
is stationed where he can see and hear best
evidence given the company by the insured
and maintain good communication with the
or claimant under a policy of the occurrence
officer in charge of the vessel, and who
of the loss, the particulars thereof and the
must, of course, be vigilant. [Smith Bell and
data necessary to enable the company to
Co. (Phils.), Inc. v. CA, GR 56294. May 20,
determine its liability and the amount there-
1991].
of.
Proper name. Proper noun: a noun that de-
Proof of service. Evidence submitted by a
notes a particular thing; usu. capitalized.
process server that he has made service on
See Given name.
a defendant in an action. It is also called a
return of service. Proper party. 1. One which ought to be a
party if complete relief is to be accorded as
Proof of the corpus delicti. Proof indispen-
bet. those already parties. [Laperal Devt.
sable in the prosecution of all kinds of crimi-
Corp. v. CA, GR 96354. June 8, 1993]. 2.
nal offenses, corpus delicti being taken to
One who has sustained or is in danger of
mean the substance of the crime, or the fact
sustaining an injury as a result of the act
that a crime has actually been committed.
complained of. [Garcia v. Exec. Sec., GR
[People v. Madlangbayan, GR L-33607,
100883. Dec. 2, 1991]. See Indispensable
Dec. 14, 1979].
party.
Proof of the truth. The truth which may be
Proper submission doctrine. Consti. Law.
given in evidence to the court in every crimi-
The doctrine under which a Plebiscite may
nal prosecution for libel and which, if it ap-
be held on the same day as regular election
pears that the matter charged as libelous is
[Gonzales v. Comelec, GR L-28196, Nov. 9,
true, and, moreover, that it was published
1967], provided the people are sufficiently
with good motives and for justifiable ends,
informed of the amendments to be voted
shall acquit the defendants. [Art. 361, RPC].
upon, to conscientiously deliberate thereon,
Proof spirits. Liquor containing 1/2 of its vol- to express their will in a genuine manner.
ume of alcohol of a specific gravity of Submission of piece-meal amendments is
7,900.7939 at 15°C. A ‗proof liter‘ means a unconstitutional. All amendments must be
liter of proof spirits. [Sec. 141, NIRC, as submitted for ratification at one plebiscite
amended]. only. The people have to be given a proper
frame of reference in arriving at their deci-
Propeller. An inclusive term for all parts, ap- sion. [Tolentino v. Comelec, GR L-34150,
purtenances, and accessories of a propeller.
Oct. 16, 1971].
[Sec. 3, RA 9497].
Properly applicable law. The law which has
Proper action. An entirely separate and dis- the closest and most real connection [or
tinct action from that in which execution has most significant relationship] with the con-
issued, if instituted by a stranger to the latter tract or tort, based upon the connecting fac-
suit. [Ong v. Tating, GR L-61042 Apr. 15,
tors [contacts].
1987].
Property. 1. All things which are or may be the
Proper law. The principle of conflict of laws object of appropriation. They are considered
acc. to which the law applicable to a given
either: (a) Immovable or real property; or (b)

787
movable or personal property. [Art. 414, Property of public dominion. 1. (a) Those
CC]. 2. All real and personal property, incl. intended for public use, such as roads, ca-
but not limited to: water, water rights, works, nals, rivers, torrents, ports and bridges con-
easements, rights of way. [Sec. 3, PD 198]. structed by the State, banks, shores, road-
steads, and others of similar character; (b)
Property classification. The classification of
those which belong to the State, without be-
property based on ownership. These classi-
ing for public use, and are intended for
fications are the following: (a) Public domain
some public service or for the development
- properties intended for public use, public
of the natl. wealth. [Art. 420, CC]. 2. Things
service or for the development of natl.
held by the State by regalian right. They are
wealth; (b) patrimonial property - properties
things res publicae in nature and hence, in-
owned by the state but are not intended for
capable of private appropriation. [Rep. v.
public use, public service or for the devel-
Alagad, GR 66807. Jan. 26, 1989].
opment of natl. wealth; and (c) private own-
ership - property belonging to private per- Property or Funds. Financial assets, property
sons either individually or collectively. of every kind, whether tangible or intangible,
[Memo. from the Exec. Sec. dated Aug. 20, movable or immovable, however acquired,
1998]. and legal documents or instruments in any
form, incl. electronic or digital, evidencing ti-
Property in transit. A type of inland mar. ins.
tle to, or interest in, such funds or other as-
that provides protection to the property fre-
sets, incl., but not limited to, bank credits,
quently exposed to loss while it is being
travellers cheques, bank cheques, money
transported from one location to another.
orders, shares, securities, bonds, drafts, or
Property limitation hazards. The restrictions letters of credit, and any interest, dividends
on ownership and use of the property. The- or other income on or value accruing from or
se include (a) limitations imposed by law, generated by such funds or other assets.
e.g. legal easement, zoning advances; (b) [Sec. 3, RA 10168].
limitations set by the owner such as the
Property ownership. The entity who owns the
owner of a subdivision imposes a height re-
property lands as private individuals in the
quirement on all buildings to be erected; (c)
state. [Memo. from the Exec. Sec. dated
limitations imposed by the owner who con-
Aug. 20, 1998].
veyed the property such as the conditions in
the Deed of Donation; and (d) defective Property regime of unions without mar-
conveyances which represent a cloud of riage. Fam. Law. The property relations bet.
doubt on the validity of documents. [Memo. a man and a woman who are capacitated to
from the Exec. Sec. dated Aug. 20, 1998]. marry each other, live exclusively with each
other as husband and wife without the bene-
Property manager. A professional administra-
fit of marriage or under a void marriage,
tor of real properties who is engaged by the
whereby their wages and salaries shall be
REIT to provide property management ser-
owned by them in equal shares and the
vices, lease management services, market-
property acquired by both of them through
ing services, project management services,
their work or industry shall be governed by
incl. rent collection, tenant services, care of
the rules on co-ownership. [Art. 147, FC].
the physical plant, security, leasing, market-
ing of the property to outside prospects, and Property registration. A system by which
other similar services pertaining to the prop- ownership of real property is established
erty under administration. [Sec. 3, RA 9856]. through the issuance of an official certificate
indicating the name of the individual in
Property of others. Property held by the
whom such ownership is vested.
debtor in which other persons have an own-
ership interest. [Sec. 4, RA 10142].

788
Property Registration Decree. PD 1529 enti- Propina. Sp. 1. Tip or gratuity. 2. Gift. [Domin-
tled ―Amending and codifying the laws rela- go v. Domingo, GR L-30573 Oct. 29, 1971].
tive to registration of property and for other
Propinquity. Nearness in place; close-by.
purposes‖ signed into law on June 11, 1978.
Also used to describe relationships as syn-
Property responsibility. The obligation of an onymous for kin.
individual for the proper custody, care and
Proportion. A part, share, or number consid-
safekeeping of property entrusted to his
ered in comparative relation to a whole.
possession or under his supervision. [IRR
on Supply & Prop. Mgt., per Sec. 383, LGC]. Proportion characteristics. The writing char-
acteristics and habits existing in the ques-
Property taxes. 1. Taxes assessed on all
tioned and standard signatures [based on]
property or on all property of a certain class
the relationship of one letter to the next let-
located within a certain territory on a speci-
ter. [Obando v. People, GR 138696, July 7,
fied date in proportion to its value, or in ac-
2010]. Compare with Alignment character-
cordance with some other reasonable meth-
isitics and Arrangement characterisitics.
od of apportionment, the obligation to pay
which is absolute and unavoidable and it is Proportional. Having a due proportion, or
not based upon any voluntary action of the comparative relation; being in suitable pro-
person assessed. A property tax is ordinarily portion or degree.
measured by the amount of property owned
by the taxpayer on a given day, and not on Proportional tax. Tax based on a fixed per-
the total amount owned by him during the centage of the amount of the property, re-
year. It is ordinarily assessed at stated peri- ceipts, or other basis to be taxed. [De Leon,
Fundamentals of Taxation, 2000 Ed., p. 15].
ods determined in advance, and collected at
appointed times, and its payment is usu. en- Proportionate or Comparative fault. The rule
forced by sale of the property taxed, and in for apportioning damages in tort or delict,
occasionally, by imprisonment of the person whereby each party whose fault has con-
assessed. [Villanueva v. City of Iloilo, GR L- tributed to the total loss or damage is held
26521. Dec. 28, 1968]. 2. Tax(es) levied on liable for that loss or damage in a proportion
land and buildings (real estate) and on per- corresponding to that party's fault or negli-
sonal property. gence. At common law, however, propor-
tionate [comparative] fault only replaced the
Property taxes or Taxes on property. Taxes
on the ownership of wealth or immovable old common law contributory negligence
properties levied at a regular intervals and rule which precluded any recovery by a
plaintiff whose fault or negligence had con-
on transfer of real or personal properties.
tributed to his loss or damage in even the
Property utilization. The usage which will be slightest degree.
adopted for the property - whether for com-
mercial, agricultural or residential purposes, Proposal. 1. Intl. Law. A diplomatic document
or a mix of these. [Memo. from the Exec. containing an offer to settle a dispute. [Co-
quia and Santiago, Intl. Law, 3rd Ed. (1998),
Sec. dated Aug. 20, 1998].
p. 494]. 2. Pol. Law. The motion of initiating
Prophylactic. Any agent or device used to suggestions or proposals on the amendment
prevent the transmission of a disease. [Sec. or revision [of the Phil. Consti.] which may
4, RA 8496]. either be by (a) Congress, upon a vote of ¾
of all its Members; or (b) a Constitutional
Prophylaxis. Action taken to prevent disease,
Convention; or (c) the people through initia-
esp. by specified means or against a speci-
tive. [Suarez, Pol. Law Reviewer, 1st Ed.,
fied disease.
2002, p. 15].

789
Proposal bond. Also Bid bond. A bond which clusive right, as the usufruct, present control
has for its purpose to assure the owner of and use, of property. [Blaquera v. De Alda-
the project of the good faith of the bidder ba, GR L-1053. Mar. 30, 1960]. 2. Owner;
and that the bidder will enter into a contract person who has legal right or title to any-
with the project owner should his proposal thing.
be accepted. [Eastern Assurance & Surety
Prosecute. 1. To begin and to carry on a legal
Corp. v. IAC, GR 69450. Nov. 22, 1989].
proceeding. [Camanag v. Guerrero, GR
Compare with Performance bond.
121017. Feb. 17, 1997]. 2. It marks the
Proposal to commit a felony. It exists when commencement of a criminal prosecution
the person who has decided to commit a and precedes and determines the filing of an
felony proposes its execution to some other information. [City Fiscal v. Phil. Banking
person or persons. [Art. 8, RPC]. Corp., 53694-R, Sep. 28, 1977].
Proposition. The measure proposed by the Prosecuting officer. Now called the Public
voters. [Sec. 3, RA 6735]. prosecutor. The representative not of an
ordinary party to a controversy, but of a
Propositus. Succ. The 2nd person involved in
sovereignty whose obligation to govern im-
reserva troncal who is the descendant from
partially is as compelling as its obligation to
whom the property is directly acquired by
govern at all; and whose interest, therefore,
the ascendant reservista. Also known as
in a criminal prosecution is not that it shall
Descendant-propositus. [Jurado, Com-
win a case but that justice shall be done. As
ments & Jurisp. on Succ., 1991 8th Ed., p.
such, he is in a peculiar and every definite
256].
sense the servant of the law, the two-fold
Proprietary. Of or relating to an owner or aim of which is that guilt shall not escape or
ownership. innocence suffer. [Suarez v. Platon, GR L-
46371 Feb. 7, 1940].
Proprietary educational institution. Any
private school maintained and administered Prosecution. 1. A criminal action: a proceed-
by private individuals or groups with an is- ing instituted and carried on by due course
sued permit to operate from the Dep-Ed, or of law, before a competent tribunal, for the
the CHED, or the TESDA, as the case may purpose of determining the guilt or inno-
be, in accordance with existing laws and cence of a person charged with crime. [Ca-
regulations. [Sec. 27, NIRC, as amended]. manag c. Guerrero, GR 121017. Feb. 17,
1997]. 2. A criminal action: a proceeding in-
Proprietary function. Also Ministrant func- stituted and carried on by due course of law,
tion. Pol. Law. A service which might as
before a competent tribunal, for the purpose
well be provided by a private corp., and par- of determining the guilt or innocence of a
ticularly when it collects revenues from it, as person charged with crime.
to which there may be liability for the torts of
agents within the scope of their employ- Prosecution history estoppel. See File
ment. [Fontanilla v. Maliaman, GR 55963 & wrapper estoppel.
61045. Feb. 27, 1991]. Compare with Gov-
Prosecution Service Act of 2010. RA 10071
ernmental or Constituent function.
entitled ―An Act Strengthening and Rational-
Proprietas nuda. Lat. Naked property. See ized the Natl. Prosecution Service‖ which
also Nuda proprietas. lapsed into law on Apr. 08, 2010 without the
signature of the Pres.
Proprietor. 1. One who has the legal right of
exclusive title to anything, whether in pos- Prosecutor. A trial lawyer representing the
session or not; an owner, sometimes, esp. govt. in a criminal case and the interests of
in Stat. Con., in a wider sense, a person the state in civil matters. In criminal cases,
having interest less than absolute and ex-

790
the prosecutor has the responsibility of de- Prostitution. Any act, transaction, scheme or
ciding who and when to prosecute. design involving the use of a person by an-
other, for sexual intercourse or lascivious
Prospective. Likely or expected to happen.
conduct in exchange for money, profit or any
Prospective construction. A rule that all other consideration. [Sec. 3, RA 10364; Sec.
statutes are to be construed as having only 3, RA 9208]. 2. A crime against public mor-
prospective operation unless the purpose als, committed by a woman, whether mar-
and intention of the legislature to give them ried or not, who, for money or profit, habitu-
retrospective effect is expressly declared or ally indulges in sexual intercourse or lascivi-
is necessarily implied from the language ous conduct. [People v. Hong, GR L-27830.
used. [Suarez, Pol. Law Reviewer, 1st Ed., May 29, 1970].
2002, p. 10]. Compare with Contempora-
Protect person. In an armed conflict, [this]
neous construction by executive officers.
means: (1) a person wounded, sick or ship-
Prospectivity. Also Irretrospectivity. A char- wrecked, whether civilian or military; (2) a
acteristic of criminal law where the law is prisoner of war or any person deprived of
deemed not to have any retroactive effect, liberty for reasons related to an armed con-
except if it favors the offender unless he is a flict; (3) a civilian or any person not taking a
habitual delinquent [Art. 22, RPC] or the law direct part or having ceased to take part in
otherwise provides. [Gregorio, Fund. of the hostilities in the power of the adverse
Crim. Law Rev., 1997 9th Ed., p. 2]. party; (4) a person who, before the begin-
ning of hostilities, was considered a state-
Prospectivity rule. Exceptions [as collated in less person or refugee under the relevant
Paras, Civ. Code of the Phils. Annotated,
intl. instruments accepted by the parties to
1984 ed., Vol. 1, pp. 22-23]: (a) Laws reme- the conflict concerned or under the natl. leg-
dial in nature; (b) penal law favorable to ac- islation of the state of refuge or state of resi-
cused, if latter not habitual delinquent; (c)
dence; (5) a member of the medical person-
laws of emergency nature under police nel assigned exclusively to medical purpos-
power: e.g., tenancy relations [Vda. de Ong- es or to the administration of medical units
siako v. Gamboa, 47 OG 4259, Valencia v. or to the operation of or administration of
Surtida, May 31, 1961]; (d) curative laws; (e) medical transports; or (6) a member of the
substantive right declared for the 1st time
religious personnel who is exclusively en-
unless vested rights are impaired. [Unson v. gaged in the work of their ministry and at-
del Rosario, Jan. 29, 1953; Belen v. Belen, tached to the armed forces of a party to the
49 OG 997; People v. Alejaga, 49 OG
conflict, its medical units or medical trans-
2833]. ports, or non-denominational, noncombatant
Prospectus. 1. The document made by or an military personnel carrying out functions
behalf of an issuer, underwriter or dealer to similar to religious personnel. [Sec. 3, RA
sell or offer securities for sale to the public 9851].
through registration statement filed with the
Protected area. Identified portions of land and
Tariff Commission. [Sec. 3, SRC]. 2. A doc- water set aside by reason of their unique
ument in which a corp. sets out the material physical and biological significance, man-
details of a share or bond issue and inviting aged to enhance biological diversity and
the public to invest by purchasing these fi- protected against destructive human exploi-
nancial instruments.
tation. [Sec. 4, RA 7586].
Prostitutes. Crim. Law. 1. Women who, for Protected landscapes or seascapes. Areas
money or profit, habitually indulge in sexual of natl. significance which are characterized
intercourse or lascivious conduct. [Art. 202,
by the harmonious interaction of man and
RPC]. 2. Persons who offer sexual inter- land while providing opportunities for public
course for hire.

791
enjoyment through recreation and tourism tunity and ability of the victim to inde-
within the normal lifestyle and economic ac- pendently regain control over her life. [Sec.
tivity of these areas. [Sec. 4, RA 7586]. 8, RA 9262]. See also Temporary Protec-
tion Order and Permananent Protection
Protected record. Local govt. records contain-
Order.
ing data that are important from economic,
social, political, legal, natl. security, scien- Protective personality principle. Intl. Law.
tific, cultural, technological or other aspects, The principle by which the state exercise ju-
which are indispensable for the research of risdiction over the acts of an alien even if
historical past, for becoming acquainted with committed outside its territory, if such acts
and understanding it, and/or for the continu- are adverse to the interest of the natl. state.
ous fulfillment of public duties and the reali-
Protective principle. Doctrine that a court has
zation of citizens' rights, which are not or on-
criminal jurisdiction if the natl. interest is in-
ly partially available from other sources.
jured.
[Sec. 4, RA 9470].
Protective use. The visible sign of the protec-
Protection against compulsory disclosures
tion conferred by the 1949 Geneva Conven-
doctrine. The doctrine that no person could
tions and their Additional Protocols on medi-
be compelled to testify against himself or to
cal personnel and medical units and trans-
answer any question which would have had
ports in time of armed conflict. The dimen-
a tendency to expose his property to a for-
sions of the emblem shall therefore be as
feiture or to form a link in a chain of evi-
large as possible. [Sec. 3, RA 10530].
dence for that purpose, as well as to incrim-
inate him. [Cabal v. Kapunan, Jr., GR L- Protector or Coddler. Any person who lends
19052, Dec. 29, 1962]. or provides protection, or receives benefits
in any manner in the operation of any illegal
Protection of investment rule. [The protec-
numbers game. [Sec. 2, RA 9287].
tion afforded by law to the investment of the
1st licensee and from being subjected to a Protectorate. Intl. Law. A state established at
ruinous competition.] So long as an operator the request of the weaker state for the pro-
under a prior license complies with its terms tection of a strong power. Compare with Su-
and conditions and the reasonable rules and zerainty.
regulations for its operation, and meets the
Protest. Admin. Law. A mode of action that
reasonable demands of the public, it will be
protected rather than destroy its investment may be availed of by the aggrieved party to
by the granting of the 2nd license to another contest the appointment made, and the pro-
test must be "for cause" or predicated on
person for the same thing over the same
route of travel. The "prior operator" and those grounds provided for under Sec. 19
"protection of investment" rules cannot take par. (6) of the Civil Service Law (PD 807)
precedence over the convenience of the namely: (a) that the appointee is not quali-
public. [Martires Ereno Co. v. Public Service fied; (b) that the appointee is not the next-in-
rank; and (c) in case of appointment by
Commission, GR L-25962, Sep. 30, 1975].
transfer, reinstatement, or by orig. appoint-
Protection Order. An order issued under RA ment, that the protestant is not satisfied with
9262 for the purpose of preventing further the written special reason or reasons given
acts of violence against a woman or her by the appointing authority. [Aquino v. CSC,
child specified in Sec. 5 of RA 9262 and GR 92403. Apr. 22, 1992].
granting other necessary relief. The relief
granted under a protection order serve the Protest. Mar. Ins. See Maritime protest.
purpose of safeguarding the victim from fur- Protest. Nego. Inst. 1. A formal document
ther harm, minimizing any disruption in the made under the hand and seal of a Notary
victim's daily life, and facilitating the oppor- Public certifying to the circumstances of a

792
foreign bill. [Diaz, Bus. Law Rev., 1991 Ed., creditor of the corp. or of any subsidiary or
p. 372]. 2. A formal certification that a nego. affiliate of the corp., and whose further quali-
Inst. was dishonored by a party liable for its fications, if any, may be determined by the
payment. (Securities and Exchange) Commission
(SEC). He is not a receiver of the corp. and
Protest. Prop. Mgt. The objection to a con-
does not have the title and powers of a cus-
templated or actual award. [IRR on Supply &
todian or receiver. He has all the rights and
Prop. Mgt., per Sec. 383, LGC].
powers of a duly elected director of the
Protest bond. Prop. Mgt. A bond in cash, corp., incl. the right to notice of and to vote
certified or cashier's check, or surety re- at meetings of directors, until such time as
quired of protestants against awards. [IRR he shall be removed by order of the (SEC)
on Supply & Prop. Mgt., per Sec. 383, LGC]. or by all the stockholders. [Sec. 104, Corp.
Code].
Protocol. Intl. Law. 1. An instrument which
amends or supplements an existing treaty or Provisional dismissal. Crim. Pro. Sec. 8,
convention. Sometimes, it is referred to also Rule 117 of the Rev. Rules of Crim. Pro.
in a loose manner as an ordinary agree- which provides that the law on provisional
ment. 2. A supplementary agreement to a dismissal becomes operative once the judge
convention that adds to or changes some dismisses, with the express consent of the
provision of the convention only for the accused and with notice to the offended par-
states parties who adopt the protocol. ty: (a) a case involving a penalty of impris-
onment not exceeding 6 years or a fine of
Protocol de cloture. Intl. Law. A summary of any amount, or both, where such provisional
the proceedings of a diplomatic conference
dismissal shall become permanent 1 year
and usu. includes a reproduction of the texts after issuance of the order without the case
of treaties, conventions, recommendations having been revived; or (b) a case involving
and other acts agreed upon by the plenipo-
a penalty of imprisonment of more than 6
tentiaries attending the conference. See Act years, where such provisional dismissal
or Final act. shall become permanent 2 years after issu-
Province. An area of special knowledge, in- ance of the order without the case having
terest, or responsibility. been revived. [Torres, Jr. v. Aguinaldo, GR
164268, JUNE 28, 2005].
Provincial certificate of canvass of votes. A
document containing the total votes in words Provisional dismissal. Crim Pro. Essential
and in figures obtained by each candidate in Requisites: (a) The prosecution with the ex-
a province. [Sec. 2, RA 8046]. press conformity of the accused or the ac-
cused moves for a provisional [sin perjuicio]
Provisional. Arranged or existing for the pre- dismissal of the case; or both the prosecu-
sent, possibly to be changed later. tion and the accused move for a provisional
Provisional absence. The disappearance of a dismissal of the case; (b) the offended party
person from his domicile, his whereabouts is notified of the motion for a provisional
being unknown, and without leaving an dismissal of the case; (c) the court issues an
agent to administer his property, at which order granting the motion and dismissing the
instance, the judge, at the instance of an in- case provisionally; (d) the public prosecutor
terested party, a relative, or a friend, may is served with a copy of the order of provi-
appoint a person to represent him in all that sional dismissal of the case. [People v. Lac-
may be necessary. [Art. 381, CC]. Compare son, GR 149453, Apr. 1, 2003].
with Declared absence. Provisional remedy. Rem. Law. A collateral
Provisional director. Corp. Law. An impartial proceeding, permitted only in connection
person who is neither a stockholder nor a with a regular action, and as one of its inci-

793
dents; one which is provided for present ately or by settling other events in motion, all
need, or for the occasion, that is, one constituting a natural and continuous chain
adapted to meet a particular exigency. [Fe- of events, each having a close causal con-
ria and Noche, Civ. Pro. Annotated, Vol. 1, nection with its immediate predecessor, the
2001 Ed., p. 261]. final event in the chain immediately affecting
the injury as a natural and probable result of
Provisional takeover. A remedy authorized
the cause which first acted, under such cir-
under Sec. 3 (c) of EO 1 (1986) where what
cumstances that the person responsible for
is taken into custody is not only the physical
the 1st event should, as an ordinarily pru-
assets of the business enterprise or entity
dent and intelligent person, have reasonable
taken over by the govt. of the Marcos Ad-
ground to expect at the moment of his act or
ministration or by entities or persons close
default that an injury to some person might
to former Pres. Marcos, but the business
probably result therefrom. [Vda. de Bataclan
operation as well. [Bataan Shipyard Eng‘g.
v. Medina, GR L-10126, Oct. 22, 1957].
Co. Inc. v. PCGG, GR 75885. May 27,
1987]. Proximate legal cause. That acting first and
producing the injury, either immediately or
Provisos. A clause added to an enactment for
by setting other events in motion, all consti-
the purpose of acting as a restraint upon or
tuting a natural and continuous chain of
as a qualification of, the generality of the
events, each having a close causal connec-
language which it follows. [Suarez, Stat.
tion with its immediate predecessor, the final
Con., (1993), p. 48].
event in the chain immediately effecting the
Proxies. See Proxy. injury as a natural and probable result of the
cause which first acted, under such circum-
Proximate. That immediately preceding or stances that the person responsible for the
following [as in a chain of events, causes or 1st event should, as an ordinarily prudent
effects].
and intelligent person, have reasonable
Proximate cause. 1. Any cause which, in ground to expect at the moment of his act or
natural and continuous sequence, unbroken default that an injury to some person might
by any efficient intervening cause, produces probably result therefrom. [Urbano v. IAC,
the result complained of and without which GR 72964, Jan. 7, 1988].
would not have occurred and from which it
Proximity. Nearness in space, time, or rela-
ought to have been foreseen or reasonably tionship.
anticipated by a person of ordinary case that
the injury complained of or some similar in- Proximity of relationship. See Relationship
jury, would result therefrom as a natural and proximity.
probable consequence. [People v. Desalina,
Proximity rule. The rule that, in every inher-
57 OG 8694]. 2. That cause which, in natu-
itance, the relative nearest in degree ex-
ral and continuous sequence, unbroken by
cludes the more distant ones, saving the
any efficient intervening cause, produces
right of representation when it properly takes
the injury and without which the result would
place. [Art. 962, CC].
not have occurred. 3. The last negligent act
which contributes to an injury. A person Proxy. 1. The representative of a stockholder
generally is liable only if an injury was prox- or member duly authorized in writing to vote
imately caused by his or her action or by his in all meetings of stockholders or members
or her failure to act when he or she had a of a corp. 2. The written authority given by
duty to act. stockholder or member to his representa-
tive, signed by the stockholder or member
Proximate cause doctrine. The doctrine stat-
himself and filed before the scheduled meet-
ing that proximate legal cause is that acting
ing with the corporate secretary. Unless
first and producing the injury, either immedi-

794
otherwise provided in the proxy, it shall be Psychological incapacity. Fam. Law. Char-
valid only for the meeting for which it is in- acteristics [to be sufficient basis to annul a
tended. No proxy shall be valid and effective marriage]: (a) Gravity, (b) juridical anteced-
for a period longer than 5 years at any one ence, and (c) incurability. [Santos v. CA, GR
time. [Sec. 58, Corp. Code]. 112019 Jan. 4, 1995].
Prudence. Discretion in practical affairs. Psychological incapacity. Fam. Law. Root
cause of the must be: (a) medically or clini-
Prudent. Acting with or showing care and
cally identified, (b) alleged in the complaint,
thought for the future.
(c) sufficiently proven by experts, and (d)
Prudent man. One who possesses ordinary clearly explained in the decision. [Rep. v.
intelligence and capacity. He is the average CA, GR 108763, Feb. 13, 1997].
man who is presumed by law to have the
Psychological violence. Acts or omissions
necessary capacity to avoid doing harm to
causing or likely to cause mental or emo-
others. He is also expected to know facts
tional suffering of the victim such as but not
that are based on human experience which
limited to intimidation, harassment, stalking,
eventually guides him in taking the proper
damage to property, public ridicule or humil-
course of action.
iation, repeated verbal abuse and mental in-
PS. See Personal Services. fidelity. It includes causing or allowing the
victim to witness the physical, sexual or
PSBR. See Public Sector Borrowing Re- psychological abuse of a member of the
quirement. family to which the victim belongs, or to wit-
PSC. See Philippine Sports Commission. ness pornography in any form or to witness
abusive injury to pets or to unlawful or un-
PST. See Philippine Standard Time. wanted deprivation of the right to custody
Psychological. Of, affecting, or arising in the and/or visitation of common children. [Sec.
mind; related to the mental and emotional 3, RA 9262].
state of a person. Psychologist. A natural person who is duly
Psychological incapacity. 1. Legal Med. It registered and holds a valid certificate of
covers all possible mental disorders that are registration and a valid professional identifi-
so grave or serious enough as to persistent- cation card as professional psychologist, is-
ly and permanently incapacitate a person to sued by the Professional Regulatory Board
perform the normal and ordinary functions of of Psychology and the PRC pursuant to RA
a married life. Such incapacity must be in- 10029 for the purpose of delivering the dif-
curable and irreversible. As a legal ground ferent psychological services defined in RA
for the annulment of the marriage, or for the 10029. [Sec. 3, RA 10029].
declaration of the nullity of the marriage, the Psychology. The scientific study of human
condition must have existed at the time of behavior. It involves the application of scien-
the marriage even if it manifested only at a tific methods to inquire into the biological,
later time. [Olarte, Legal Med., 1st Ed. cognitive, affective, developmental, person-
(2004), p. 146]. 2. Fam. Law. A mental (not ality, social, cultural and individual difference
physical) incapacity that causes a party to dimensions of human behavior. [Sec. 3, RA
be truly incognitive of the basic marital cov- 10029].
enants that concomitantly must be assumed
and discharged by the parties to the mar- Psychology, Practice of. [It] consists of the
riage. [Santos v. CA, GR 112019 Jan. 4, delivery of psychological services that in-
1995]. volve application of psychological principles
and procedures for the purpose of describ-
ing, understanding, predicting and influenc-

795
ing the behavior of individuals or groups, in Pterygium. A triangular fleshy mass of thick-
order to assist in the attainment of optimal ened conjunctiva occurring usu. at the inner
human growth and functioning. The delivery side of the eyeball, covering part of the cor-
of psychological services includes, but is not nea and causing a disturbance of vision.
limited to: (1) psychological interventions: [Aguja v. GSIS, GR 84846. Aug. 5, 1991].
psychological counselling, psychotherapy,
Public. 1. Common to all or many; general;
psychosocial support, coaching, psychologi-
open to common use. [Izon v. People, GR L-
cal debriefing, group processes and all other
51370. Aug. 31, 1981 1393 (Rev. 4th Ed.)].
psychological interventions that involve the
2. Pertaining to, or belonging to, or affecting
application of psychological principles to im-
a nation, state, or community at large.
prove psychological functioning of individu-
[Aquino-Sarmiento v. Morato, GR 92541.
als, families, groups and orgs.; (2) psycho-
Nov. 13, 1991]. Compare with Private.
logical assessment: gathering and integra-
tion of psychology-related data for the pur- Public access registry. Public access register
pose of making a psychological evaluation, containing prohibition and restriction on the
accomplished through a variety of tools, incl. unauthorized disclosure and access of in-
individual tests, projective tests, clinical information in any public records. [Sec. 4, RA
terview and other psychological assessment 9470].
tools, for the purpose of assessing diverse
psychological functions incl. cognitive abili- Public Acts. Statutes passed and approved
ties, aptitudes, personality characteristics, by the Phil. Commission and the Phil. Legis-
attitudes, values, interests, emotions and lature from 1901 to 1935. [Suarez, Stat.
Con., (1993), p. 42].
motivations, among others, in support of
psychological counselling, psychotherapy Public adjuster. Any person, partnership,
and other psychological interventions; and assoc. or corp. which, for money, commis-
(3) psychological programs: development, sion or any other thing of value, acts on be-
planning, implementation, monitoring and half of an insured in negotiating for, or ef-
evaluation of psychological treatment for in- fecting, the settlement of a claim or claims of
dividuals and/or groups. [Sec. 3, RA 10029]. the said insured arising under insurance
Psychometrician. A natural person who holds contracts or policies, or which advertises for
or solicits employment as an adjuster of
a valid certificate of registration and a valid
professional identification card as psycho- such claims. [Sec. 324, IC].
metrician issued by the Professional Regu- Public aircraft. 1. An aircraft used exclusively
latory Board of Psychology and the PRC in the service of any govt. or of any political
pursuant to RA 10029. As such, he/she shall jurisdiction thereof, incl. the Govt. of the
be authorized to do any of the follow- Phils., but not incl. any govt.-owned aircraft
ing: Provided, That such shall at all times be engaged in operations which meet the defi-
conducted under the supervision of a li- nition of commercial air transport operations.
censed professional psychologist: (a) ad- [Sec. 3, RA 9497]. 2. An aircraft used exclu-
ministering and scoring of objective person- sively in the service of the Natl. Govt. of the
ality tests, structured personality tests, excl. Rep. of the Phils. or of any political subdivi-
projective tests and other higher level forms sion or instrumentality thereof, but not incl.
of psychological tests; (b) interpreting re- any govt.-owned aircraft engaged in air
sults of the same and preparing a written commerce. [Sec. 3, RA 776].
report on these results; and (c) conducting
preparatory intake interviews of clients for Public archives. Public records that are under
psychological invention sessions. [Sec. 3, the custody and control of the executive di-
RA 10029]. rector [of the Natl. Archives]. [Sec. 4, RA
9470].
PTA. See Philippine Tourism Authority.

796
Public Assembly Act of 1985, The. BP 880 bec. these directly affect their lives, or simp-
entitled ―An Act ensuring the free exercise ly bec. such matters naturally arouse the in-
by the people of their right peaceably to as- terest of an ordinary citizen. [Legaspi v.
semble and petition the govt. for other pur- CSC, GR 72119. May 29, 1987].
poses‖ enacted on Oct. 22, 1985.
Public contract. See Government contract.
Public assembly building. Any building or
Public convenience or necessity. Something
structure where 50 or more people congre-
fitting or suited to the public need. [Kilusang
gate, gather, or assemble for any purpose.
Mayo Uno v. Garcia, GR 115381. Dec. 23,
[Sec. 3, PD 1185; Sec. 3, RA 9514].
1994, 5th Ed., p. 1105].
Public assembly. Any rally, demonstration,
Public conveyance. Mode of transportation
Mar., parade, procession or any other form
servicing the general population such as,
of mass or concerted action held in a public
but not limited to, elevators, airplanes, bus-
place for the purpose of presenting a lawful
es, taxicabs, ships, jeepneys, light rail trans-
cause; or expressing an opinion to the gen-
its, tricycles, and similar vehicles. [Sec. 4,
eral public on any particular issue; or pro-
RA 9211].
testing or influencing any state of affairs
whether political, economic or social; or peti- Public corporations. Corps. formed or orga-
tioning the govt. for redress of grievances. nized for the govt. of a portion of the State.
[Sec.3, BP 880]. [De Leon, Corp. Code of the Phil. Annotat-
ed, 1989 Ed., p. 40]. Compare with Private
Public attorney or defender. Govt. lawyer
corporations.
who provides free legal defense services to
a poor person accused of a crime. Public debt. That debt which is due (to) or
owing by the govt. [Peralta v. Serrano, GR
Public Attorney’s Office (PAO). The principal
L-16523. Nov. 29, 1960].
law office of the govt. in extending free legal
assistance to indigent persons in criminal, Public debt. This includes the total indebted-
civil, labor, administrative and other quasi- ness of the Natl. Govt., local govt. and govt.
judicial cases. [Sec. 2, RA 9406]. corps. or financial institutions from indus-
tries, corps. or financial institutions, whether
Public auction. Synonymous to public bidding
private or govt., foreign or domestic, which
as applied to sale of disposable supplies of
are fully supported and guaranteed by the
property. [IRR on Supply & Prop. Mgt., per
NG.
Sec. 383, LGC].
Public documents. 1. (a) The written official
Public building. Every building owned by the
acts, or records of the official acts of the
Govt. or belonging to a private person not
sovereign authority, official bodies and tri-
included, used or rented by the Govt., alt-
bunals, and public officers, whether of the
hough temporarily unoccupied by the same.
Phils., or of a foreign country; (b) documents
[Art. 301, RPC].
acknowledged before a notary public except
Public company. Any corp. with a class of last wills and testaments; and (c) public rec-
equity securities listed in an Exchange or ords, kept in the Phils., of private documents
with assets in excess of 50 Million Pesos required by law to be entered therein. [Sec.
and having 200 or more stockholders each 19, Rule 132, RoC]. 2. Any instrument au-
holding at least 100 shares of a class of its thorized by a notary public or a competent
securities. [SEC Res. 135, S. 2002]. public official, with the solemnities required
by law. [Bermejo v. Barrios, GR L-23614.
Public concern. A term that, like "public inter-
Feb. 27, 1970].
est," eludes exact definition. Both terms
embrace a broad spectrum of subjects Public dominion property. See Property of
which the public may want to know, either public dominion.

797
Public employment. It signifies employment Public fisc principle. One of two governing
in the service of the natl. govt. and its politi- principles of Appropriation asserting that all
cal subdivisions and instrumentalities. It monies received from whatever source by
does not include employment as public of- any part of the govt. are public funds, the
ficer elected by the popular vote. [Sec. 39, other one being the principle of Appropria-
RA 4119]. tions Control.
Public expenditures. Classifications acc. to Public forest. 1. The mass of lands of the
nature of funds: (a) General fund; and (b) public domain which has not been the sub-
special fund or bond fund. ject of the present system of classification
for the determination of which lands are
Public expenditures. Groupings acc. to func-
needed for forest purposes and which are
tions: (a) Economic development expendi-
not. [Sec. 3, PD 705]. 2. It includes, except
tures [i.e., expenditures on agriculture and
as otherwise specially indicated, all unre-
natural resources, transportation and com-
served public land incl. nipa and mangrove
munications, commerce and industry, and
swamps and all forest reserves of whatever
other economic development efforts]; (b)
character. [Sec. 1820, Act 926].
social services or social development ex-
penditures [i.e., govt. outlay on education, Public functionaries. All persons who, by
public health and medicare, labor and wel- direct requirement of law, or by popular
fare and others]; (c) gen. govt. or gen. public election, or by public appointment by com-
services expenditures [i.e., expenditures for petent authority, participate in the exercise
the gen. govt., legislative services, the ad- of public functions. [US v. Sarmiento, GR
ministration of justice, and for pensions and 880. Nov. 14, 1902].
gratuities]; (d) natl. defense expenditures
Public health care service provider. It refers
[i.e., sub-divided into natl. security expendi-
to: (a) public health care institution, which is
tures and expenditures for the maintenance
duly licensed and accredited and devoted
of peace and order]; and (e) public debt.
primarily to the maintenance and operation
Public figure. Also Celebrity. A person who, of facilities for health promotion, disease
by his accomplishments, fame, or mode of prevention, diagnosis, treatment and care of
living, or by adopting a profession or calling individuals suffering from illness, disease,
which gives the public a legitimate interest in injury, disability or deformity, or in need of
his doings, his affairs, and his character, has obstetrical or other medical and nursing
become a public personage. He is, in other care; (b) public health care professional,
words, a celebrity. Obviously, to be included who is a doctor of medicine, a nurse or a
in this category are those who have midwife; (c) public health worker engaged in
achieved some degree of reputation by ap- the delivery of health care services; or (d)
pearing before the public. It includes, in barangay health worker who has undergone
short, anyone who has arrived at a position training programs under any accredited
where public attention is focused upon him govt. and NGO and who voluntarily renders
as a person. [Ayer Productions v. Capulong, primarily health care services in the com-
GR L-82380. Apr. 29, 1988]. munity after having been accredited to func-
tion as such by the local health board in ac-
Public finance. The financial operations of all
cordance with the guideline‘s promulgated
levels of govt. Such operations include
by the DOH. [Sec. 4, RA 10354].
budgeting, taxing, appropriating, purchasing,
borrowing, disbursing funds, and regulating Public health services. Services that
the currency. [De Leon, Fundamentals of strengthen preventive and promotive health
Taxation, 2000 Ed., p. 25]. care through improving conditions in part-
nership with the community at large. These
include control of communicable and non-

798
communicable diseases, health promotion, health, or morals of the public; it causes
public information and education, water and hurt, inconvenience, or injury to the public,
sanitation, environmental protection, and generally, or to such part of the public as
health-related data collection, surveillance, necessarily comes in contact with it. [To-
and outcome monitoring. [Sec. 1, RA 9241]. lentino, Civ. Code of the Phils., Vol. II, Repr.
2001, p. 436]. See Private nuisance.
Public international law. That division of intl.
law that deals primarily with the rights and Public officer revealing secrets of private
duties of states and intergovernmental orgs. individual. Crim. Law. The felony commit-
as bet. themselves. ted by any public officer to whom the secrets
of any private individual shall become
Public Land Act. CA 141, as amended, enti-
known by reason of his office who shall re-
tled ―An Act to amend and compile the laws
veal such secrets. [Art. 230, RPC].
relative to lands of the public domain‖ en-
acted on Nov. 7,1936. Public officer. 1. Any person holding any
public office in the Govt. of the Rep. of the
Public lands. Lands of the public domain
Phils. by virtue of an appointment, election
which have been classified as agricultural
or contract. [Sec. 1, RA 7080]. 2. Any per-
lands and subject to management and dis-
son who, by direct provision of the law, pop-
position or concession under existing laws.
ular election or appointment by competent
[Sec. 3, RA 7942].
authority, shall take part in the performance
Public law. That law such as traffic ordinances of public functions in the Govt. of the Phils.,
or zoning ordinances which applies to the of shall perform in said Govt. or in any of its
public. branches public duties as an employee,
agent or subordinate official, of any rank or
Public market. 1. Any place, building or struc- class. [Art. 203, RPC].
ture of any kind designated as such by the
local board or council, except public streets, Public official bond. A surety [fidelity] bond
plazas, parks, and the like. [Sec. 1, PD 426]. required of public officers for the faithful per-
2. One that is dedicated to the service of the formances of their duties and as a condition
general public and is operated under govt. of entertaining upon the duties of their offic-
control and supervision as a public utility, es.
whether it be owned by the govt. or any in-
Public officials. Elective and appointive offi-
strumentality thereof or by any private indi-
cials and employees (of the govt.), perma-
vidual. [Aranque Market Ext. Chinese Ven-
nent or temporary, whether in the career or
dors Assoc. v. De la Fuente, 48 OG 94].
non-career service, incl. military and police
Public motor vehicle. Public utility vehicle or personnel, whether or not they receive com-
vehicle for hire. [Sec. 3, RA 8750]. pensation, regardless of amount. [Sec. 3,
RA 6713].
Public nuisance, remedies against. (a) A
prosecution under the Penal Code or any Public or Government expenditures. Cate-
local ordinance: or (b) a civil action; or (c) gories: (a) Capital expenditures or outlays;
abatement, without judicial proceedings. and (b) Current operating expenditures.
[Art. 699, CC].
Public order. A civil law term which refers to
Public nuisance. 1. Nuisance that affects a domestic rules and legal principles reflecting
community or neighborhood or any consid- lofty standards of morality and social con-
erable number of persons, although the ex- duct in a civilized society.
tent of the annoyance, danger or damage
Public place. 1. Enclosed or confined areas
upon individuals may be unequal. [Art. 695,
such as schools, public transportation termi-
CC]. 2. The doing of or the failure to do
nals, shopping malls, and the like. [Sec. 3,
something, that injuriously affects the safety,

799
RA 10028]. 2. Any highway, boulevard, ave- culiar and every definite sense the servant
nue, road, street, bridge or other thorough- of the law, the two-fold aim of which is that
fare, park, plaza, square, and/or any open guilt shall not escape or innocence suffer.
space of public ownership where the people [Suarez v. Platon, GR L-46371 Feb. 7,
are allowed access. [Sec.3, BP 880]. 3. Any 1940].
place open to the public like parks, malls,
Public purpose or Public use. Any purpose
markets, streets, etc. [Sec. 3, RA 9482].
or use directly available to the general public
Public places. Enclosed or confined areas of as a matter of right. An activity as will serve
all hospitals, medical clinics, schools, public as benefit to [the] community as a body and
transportation terminals and offices, and which at the same time is directly related
building such as private and public offices, function of govt. [Yap v. COA, GR
recreational places, shopping malls, movie 158562, Apr. 23, 2010, p. 1231, (6th ed.,
houses, hotels, restaurants, and the like. 1990)].
[Sec. 4, RA 9211].
Public purpose. Synonymous with Govern-
Public policy doctrine. The doctrine under mental purpose. A purpose affecting the
which, as applied to the law of contracts, inhabitants of the state or taxing district as a
courts of justice will not recognize or uphold community and not merely as individuals.
a transaction when its object, operation, or [De Leon, Fundamentals of Taxation, 2000
tendency is calculated to be prejudicial to Ed., p. 41].
the public welfare, to sound morality or to
Public records. Record or classes of records,
civic honesty. [Cui v. Arellano University,
in any form, in whole or in part, created or
GR L-15127, 30 May 1961].
received, whether before or after the effec-
Public policy. A common law term which tivity of RA 9470, by a govt. agency in the
refers to fundamental principles of natural conduct of its affairs, and have been re-
justice found in a state's constitution, bill of tained by that govt. agency or its successors
rights, laws, regulations, precedents and ac- as evidence or bec. of the information con-
cepted customs. tained therein. [Sec. 4, RA 9470].
Public property. Property owned by the govt. Public relations counsel. Any person who
or one of its agencies, divisions, or entities. engages directly or indirectly in informing,
Commonly a reference to parks, play- advising, or in any way representing a prin-
grounds, streets, sidewalks, schools, librar- cipal in any matter affected by the public
ies and other property regularly used by the policies or interests of a principal. [Sec. 3,
general public. BP 39].
Public prosecutor. 1. In criminal proceedings, Public revenues. [Revenues that] comple-
[he] acts for and represents the State, and ment public expenditures and cover all in-
carries the burden of diligently pursuing the come or receipts of the govt. treasury used
criminal prosecution in a manner consistent to support govt. expenditures.
with public interest. [Valencia v. Sandi-
Public revenues. Revenues generally derived
ganbayan, GR 165996, Oct. 17, 2005]. 2.
from these sources: (a) Tax revenues [i.e.,
Formerly called the Prosecuting officer.
compulsory contributions to finance govt.
The representative not of an ordinary party
activities]; (b) capital revenues [i.e., pro-
to a controversy, but of a sovereignty whose
ceeds from sales of fixed capital assets or
obligation to govern impartially is as compel-
scrap thereof and public domain, and gains
ling as its obligation to govern at all; and
on such sales like sale of public lands, build-
whose interest, therefore, in a criminal pros-
ings and other structures, equipment, and
ecution is not that it shall win a case but that
other properties recorded as fixed assets];
justice shall be done. As such, he is in a pe-
(c) grants [i.e., voluntary contributions and

800
aids given to the govt. for its operation on railroad, street railway, traction railway, sub-
specific purposes in the form of money way motor vehicle, either for freight or pas-
and/or materials, and do not require any senger, or both with or without fixed route
monetary commitment on the part of the re- and whatever may be its classification,
cipient]; (d) extra-ordinary income [i.e., re- freight or carrier service of any class, ex-
payment of loans and advances made by press service, steamboat, or steamship line,
govt. corps. and local govts. and the re- pontines, ferries, and water craft, engaged
ceipts and shares in income of the BSP, and in the transportation of passengers or freight
other receipts]; and (e) public borrowings or both, shipyard, marine railway, marine
[i.e., proceeds of repayable obligations gen- repair shop, wharf or dock, ice plant, ice–
erally with interest from domestic and for- refrigeration plant, canal, irrigation system,
eign creditors of the govt. in general, includ- gas, electric light, heat and power, water
ing the natl. govt. and its political subdivi- supply and power, petroleum, sewerage
sions]. system, wire or wireless communications
systems, broadcasting stations and other
Public rural farm school. A rural farm school
similar public services. [Sec. 13 (b), CA 146,
operated by the govt. or any of its political
as amended by RA 2677].
subdivisions. [Sec. 3, RA 10618].
Public sewerage system. A system serving
Public sale. One where there has been public
25 persons or more. [Sec. 71, PD 856].
notice of the sale, in which anybody has a
right to bid and offer to buy. [Tolentino, Civ. Public shareholder. A shareholder of a REIT
Code of the Phils., Vol. II, Repr. 2001, p. other than the following persons (non-public
310]. shareholders): i. The sponsor or promoter of
the REIT; ii. A director, principal officer or
Public schools. Educational institutions es-
principal shareholder of the
tablished and administered by the govt.
sponsor/promoter of the REIT; iii. A director,
[Sec. 26, BP 232].
principal officer or principal shareholder of
Public Sector Borrowing Requirement the REIT; iv. An associate of a director,
(PSBR). The deficit of the natl. govt. and the principal officer or principal shareholder of
14 monitored govt. corps. less the budgetary the REIT or its sponsor or promoter; v. A
assistance to the monitored corps. in the related corp. to the REIT or its sponsor
form of equity contributions and net lending. promoter; and vi. Any person who holds
This is one of the performance criteria being legal title to the shares of stock of the REIT
monitored by the IMF. for the benefit of another for the purpose of
circumventing the provisions of RA 9856.
Public sector employees. All persons in the [Sec. 3, RA 9856].
civil service. [Sec. 3, RA 10121].
Public Social Welfare and Development
Public Service Act. CA 146 enacted on Nov. Worker. Those employed in govt. social
7, 1936. welfare and development agencies. [Sec. 3,
Public service cooperative. A coop. orga- RA 9432].
nized to render public service as authorized Public Social Worker. Registered social
under a franchise or certificate of public worker employed in the govt. service. [Sec.
convenience and necessity duly issued by 3, RA 9432].
the appropriate govt. agency. [Art. 96, RA
6938]. Public trust doctrine. The principle that the
govt. holds title to submerged land under
Public service. It includes every person who navigable waters in trust for the benefit of
owns, operates, manages or controls, for the public. Thus, any use or sale of the land
hire or compensation, and done for general
under water must be in the public interest.
business purposes, any common carrier,

801
Public use. 1. One which confers some bene- written, known to someone other than the
fit or advantage to the public; it is not con- person to whom it has been written.
fined to actual use by public. It is measured [Ledesma v. CA, GR 113216. Sep. 5, 1997].
in terms of right of public to use proposed 2. There is publication if the material is
facilities for which condemnation is sought communicated to a 3rd person. It is not re-
and, as long as public has right of use, quired that the person defamed has read or
whether exercised by one or many members heard about the libelous remark. What is
of public, a public advantage or public bene- material is that a 3rd person has read or
fit accrues sufficient to constitute a public heard the libelous statement, for ―a man‘s
use. [Mañosca v. CA, GR 106440. Jan. 29, reputation is the estimate in which others
1996]. 2. Public advantage, convenience or hold him, not the good opinion which he has
benefit, which tends to contribute to the of himself.‖ [Vasquez v. CA, GR 118971, 15
general welfare and the prosperity of the Sep. 1999]. 3. The word means the act of
whole community, like a resort complex for publishing, and also refers to any printed
tourists or housing project. [Ardona v. copies.
Reyes, GR L-60549, 60553 to 60555 Oct.
Publication notice. Notice through publication
26, 1983].
in a newspaper of general circulation in the
Public utilities. Privately owned and operated Phils. on a business day for 2 consecutive
businesses whose services are essential to weeks. [Sec. 4, RA 10142].
the general public. They are enterprises
Publication of a fixed performance or a
which specially cater to the needs of the
sound recording. The offering of copies of
public and conduce to their comfort and
the fixed performance or the sound record-
convenience. [KMU Labor Center v. Garcia,
ing to the public, with the consent of the
Jr., GR 115381, Dec. 23, 1994].
right holder: Provided, That copies are of-
Public utility. A business or service engaged fered to the public in reasonable quality.
in regularly supplying the public with some [Sec. 202, RA 8293].
commodity or service of public consequence
Publication of general circulation. To qualify
such as electricity, gas, water, transporta-
as such under PD 1079, the following requi-
tion, telephone or telegraph service. The
sites must concur: (a) It must be published
term connotes public use and service to the
in the same city and/or province where the
public. [Albano v. Reyes, GR 83551, July
requirement of general circulation applies;
11, 1989].
(b) it must be authorized by law to be pub-
Public utility vehicles (PUV). Motor vehicles lished; and (c) the newspaper or periodical
for hire and used to carry or transport pas- must be regularly published for at least one
sengers or goods. [Sec. 3, RA 10586]. year before the date of publication of the no-
tices or advertisements which may be as-
Public vessel. A vessel owned or bareboat
signed to it.
chartered and operated by the Rep. of the
Phils., and political subdivision thereof, or by Publicity agent. Any person who engages
a foreign nation, except when such a vessel directly or indirectly in the dissemination
is engaged in commerce. [Sec. 3, PD 600]. and/or publication of information for and on
behalf of a principal. [Sec. 3, BP 39].
Public way. Any street, alley or other strip of
land unobstructed from the ground to the Publish. To make known to the public in gen-
sky, deeded, dedicated or otherwise perma- eral.
nently appropriated for public use. [Sec. 3,
Published works. Those works which, with
PD 1185; Sec. 3, RA 9514].
the consent of the authors, are made avail-
Publication. 1. In libel, the term means mak- able to the public by wire or wireless means
ing the defamatory matter, after it has been in such a way that members of the public

802
may access these works from a place and Punitive damages. 1. Damages awarded in
time individually chosen by them: provided, addition to normal damages for bad faith or
that availability of such copies has been excessively improper acts of the defendant
such, as to satisfy the reasonable require- in contract or tort or even during a court ac-
ment of the public, having regard to the nation. They are usu. granted by statute and at
ture of the work. [Sec. 171.7, IPC]. times excluded by statute. 2. Money award
given to punish the defendant or wrongdo-
Publisher. The person, natural or juridical,
er.
which undertakes the production of a book
and its offer for sale or free distribution. The Punong barangay. The elected head of a
publisher of a book may also be its printer. barangay.
[Sec. 3, PD 812].
Purchase. 1. The act of procuring or acquiring
Pudendum. Legal Med. Also called the Vulva. supplies or property for a price. [IRR on
1. A collective term for the labia majora, la- Supply & Prop. Mgt., per Sec. 383, LGC]. 2.
bia minora, clitoris, and vaginal orifice. Taking by sale, conditional sale, lease,
[Olarte, Legal Med., 1st Ed. (2004), p. 124]. mortgage, or pledge, legal or equitable.
2. The collective term for the female genital [Sec. 3, PD 115].
organs that are visible in the perineal area,
Purchase agreement or Purchase offer.
e.g., mons pubis, labia majora, labia minora,
Also, Sales agreement and earnest mon-
the hymen, the clitoris, the vaginal orifice,
ey contract. Agreement bet. buyer and
etc. [People v. Campuhan, GR 129433, 30
seller of property which sets forth in general
Mar. 2000].
the price and terms of a proposed sale.
Pueblo. Sp. Town.
Purchase discount. The difference bet. the
Puffing or By-bidding. A secret bidding by or value of the receivable purchased or credit
on behalf of the seller by persons who are assigned, and the net amount paid by the fi-
not themselves bound by their bids, the pur- nance company for such purchases or as-
pose of which is simply to inflate the price of signment, exclusive of fees, services,
the goods sold which is a fraud upon the charges, interest and other charges incident
purchaser of the goods. [Diaz, Bus. Law to the extension of credit. [Sec. 3, RA 8556;
Rev., 1991 Ed., p. 110]. Sec. 3, RA 5980].
Pulling of strings. A firecracker consisting of Purchase order. A contract bet. the local govt.
a small tube about an inch in length and less and the suppliers or dealers for the delivery
than ¼ of an inch in diameter with strings on of supplies at a stipulated amount and in-
each end. Pulling both strings will cause the cludes, among others, quantity, period and
firecracker to explode. [Sec. 2, RA 7183]. mode of delivery, unit and total price per
item, and mode of payment. [IRR on Supply
Pulping. The manufacture of pulp from woods,
rags, rice straw, bagasse, abaca waste and
bamboo. [Sec. 2, RA 4095]. Purchase price. The invoice price or the
amount of money which the dealer or retail-
Pulutan. Tag. 1. Appetizer. [People v. Bal-
er actually received for the brand new motor
maceda, GR L-71638. Feb. 27, 1987]. 2.
vehicle, in consideration of the sale of such
Finger food.
brand new motor vehicle. [Sec. 3, RA
Punctuaciones. Intl. Law. Negotiations as to 10642].
the items of a proposed treaty. [Coquia and
Purchase request. It is used in the requisition
Santiago, Intl. Law, 3rd Ed. (1998), p. 494].
of supplies or property not to be carried in
Punitive. Inflicting or aiming to inflict punish- stock. [IRR on Supply & Prop. Mgt., per Sec.
ment; punishing. 383, LGC].

803
Purchaser. Any person taking by purchase. on the will of the heir, devisee or legatee.
[Sec. 3, PD 115]. [Jurado, Comments & Jurisp. on Succ.,
1991 8th Ed., pp. 222-223].
Purchaser in good faith and for value. One
who buys the property of another without Purge. An act or instance of purging; a ridding
notice that some other person has a right to (as of a nation or party) of element or mem-
or interest in such property and pays a full bers regarded as treacherous, disloyal or
and fair price for the same at the time of suspect. [Clemente v. COA, GR L-47793.
such purchase or before he has notice of Mar. 20, 1984].
the claim or interest of some other person in
Purport. To give appearance, often falsely, of
the property. [Guzman, Bocaling & Co. v.
being, intending, etc.
Bonnevie, GR 86150 Mar. 2, 1992].
Purposeful hesitation doctrine. The doctrine
Purchaser in good faith. One who buys the
that charges every court, incl. the Sup.
property of another, without notice that
Court, with the duty of a purposeful hesita-
some other person has a right to, or interest
tion before declaring a law unconstitutional,
in, such property, and pays the full and fair
on the theory that the measure was first
price for it at the time of such purchase or
carefully studied by the executive and legis-
before he has notice of the claim or interest
lative departments and determined by them
of some other persons in the property. He
to be in accordance with the fundamental
buys the property with the belief that the
law before it was finally approved. [Drilon v.
person from whom he receives the thing
Lim, GR 112497 Aug. 4, 1994].
was the owner and could convey title to the
property. He cannot close his eyes to facts Purse seine. A form of encircling net having a
that should put a reasonable man on his line at the bottom passing through rings at-
guard and still claim he acted in good faith. tached to the net, which can be drawn or
[Aguilar-Reyes v. Mijares, GR 143826. Nov. pursed. In general, the net is set from a boat
12, 2003]. or pair of boats around the school of fish.
The bottom of the net is pulled closed with
Pure and simple donation. An act of liberality
the purse line. The net is then pulled aboard
which has no other basis than the desire to
the fishing boat or boats until the fish are
do a good thing for the welfare of some per-
concentrated in the bunt or fish bag. [Sec. 4,
sons.
RA 8550].
Pure obligation. 1. An obligation which is not
Pusher. Any person who sells, trades, admin-
subject to any condition nor does it specify a
isters, dispenses, delivers or gives away to
specific date for its fulfillment and is, there-
another, on any terms whatsoever, or dis-
fore, immediately demandable. [Diaz, Bus.
tributes, dispatches in transit or transports
Law Rev., 1991 Ed., p. 11]. 2. An obligation
dangerous drugs or who acts as a broker in
the performance of which does not depend
any of such transactions, in violation of RA
upon a future or uncertain event or upon a
9165. [Sec 3, RA 9165].
past event unknown to the parties and as
such, is demandable at once. [GR L-16449. Puta. Tag. Prostitute. [Soriano v. Laguardia,
Aug. 31, 1962]. Compare with Conditional GR 164785 Mar. 15, 2010, J. Abad, Dissent-
obligation. ing Op.].
Purely accidental occurrence. A class of Putang ina mo. Tag. Your mother is a whore.
occurrences or events which take place the A common expression in the dialect that is
real cause of which cannot be traced or is at often employed not really to slander but ra-
least not apparent. ther to express anger or displeasure. [Reyes
v. People, GR L-21528, Mar. 28, 1969].
Purely potestative condition. A condition the
fulfillment of which depends exclusively up- Putative. Alleged; supposed; reputed.

804
Putative father. One who is presumed to be Pyroclastic. Relating to, consisting of, or de-
the father of an illegitimate child; the sup- noting fragments of rock erupted by a volca-
posed father. no.
Putative marriage. An apparently valid mar- Pyroclastic flow. A fast moving gaseous
riage, entered into in good faith on the part cloud of hot ashes and other material thrown
of at least one of the partners, but that is le- out from an erupting volcano.
gally invalid due to a technical impediment,
Pyromania. Legal Med. An irresistible impulse
such as a preexistent marriage on the part
to set things afire. [Olarte, Legal Med., 1st
of one of the partners.
Ed. (2004), p. 151].
PUV. See Public utility vehicles.
Pyrophoric. Descriptive of any substance that
PVAO. See Philippine Veterans Affairs Of- ignites spontaneously when exposed to air.
fice. [Sec. 3, PD 1185; Sec. 3, RA 9514].
PWDs. See Persons with Disabilities. Pyrotechnics. 1. The art of manufacturing or
setting off fireworks. 2. A fireworks display.
Pyelonephritis. Inflammation of the kidney
and its pelvis [cavity]. [Bambalan v. Work- Pyroxylin. A form of nitrocellulose that is less
men's Compensation Commission, GR L- highly nitrated and is soluble in ether and al-
47209. Aug. 21, 1987]. cohol. See Cellulose Nitrate Plastic.
Pyramid. 1. N. A solid figure with a polygonal
base and triangular faces that meet at a
common point. 2. V. To speculate in stock
by making a series of buying and selling
transactions in which paper profits are used
as margin for buying more stock.
Pyramid scheme. A system of selling goods
in which agency rights are sold to an in-
creasing number of distributors at succes-
sively lower levels.
Pyramid sales schemes. A fraudulent mon-
eymaking scheme in which people are re-
cruited to make payments to others above
them in a hierarchy while expecting to re-
ceive payments from people recruited below
them. Eventually the number of new recruits
fails to sustain the payment structure, and
the scheme collapses with most people los-
ing the money they paid in. See Chain dis-
tribution plans.
Pyramiding of tax. This occurs when a prod-
uct is taxed at the preretail stage and, thus,
the tax is imposed on successive pairs of
buyers and sellers rather than only at the fi-
nal sale of the product to the ultimate con-
sumer.

805
entrusted with law enforcement [who] re-
-Q- frains from arresting or prosecuting an of-
fender who has committed a crime punisha-
QSRs. See Quick service restaurants.
ble by reclusion perpetua and/or death in
Quack. A person who dishonestly claims to consideration of any offer, promise, gift or
have special knowledge in some field, typi- present or by the public officer who asks or
cally in medicine. demands such gift or present. [Sec. 4, RA
7659].
Quack doctor. One who practices medicine
without the benefit of education. Qualified individual with a disability. An
individual with a disability who, with or with-
Qualification. A quality or accomplishment out reasonable accommodations, can per-
that makes someone suitable for a particular form the essential functions of the employ-
job or activity. ment position that such individual holds or
Qualification standards. The minimum re- desires. However, consideration shall be
quirements of the vacant positions which given to the employer's judgment as to what
shall include the education, experience, functions of a job are essential, and if an
training, civil service eligibility and physical employer has prepared a written description
characteristics and personality traits re- before advertising or interviewing applicants
quired by the job. Such qualification stand- for the job, this description shall be consid-
ards shall be approved by the CSC. [CSC ered evidence of the essential functions of
Circ. 43-91] the job. [Sec. 4, RA 7277].
Qualified. Modified, limited, or restricted in Qualified indorsement. Nego. Inst. An in-
some way. dorsement that constitutes the indorser as a
mere assignor of the title to the instrument.
Qualified acceptance. 1. Sales. An ac- It may be made by adding to the indorser's
ceptance which does not meet at all points signature the words ‗without recourse‘ or
the offer, in which case it constitutes a coun- any words of similar import. Such an in-
ter-offer. [Diaz, Bus. Law Rev., 1991 Ed., p. dorsement does not impair the negotiable
65]. 2. Nego. Inst. An acceptance is quali- character of the instrument. [Sec. 38, NIL].
fied which is: (a) conditional; that is to say,
which makes payment by the acceptor de- Qualified indorsement. Nego Inst. Effect: A
pendent on the fulfillment of a condition qualified indorser has limited liability. He is
therein stated; (b) partial; that is to say, an liable only if the instrument is dishonored by
acceptance to pay part only of the amount non-acceptance or non-payment due to: (a)
for which the bill is drawn; (c) local; that is to forgery; (b) lack of good title on the part of
say, an acceptance to pay only at a particu- the indorser; (c) lack of capacity to indorse
lar place; (d) qualified as to time; (e) the ac- on the part of the prior parties; or (d) the fact
ceptance of some, one or more of the draw- that the instrument was valueless or not
ees but not of all. [Sec. 141, NIL]. Compare valid at the time of the indorsement which
with General acceptance. fact was known to him. The qualified indors-
er guarantees only the genuineness of
Qualified bribery. Criim. Law. 1. The felony the instrument but does not guarantee its
committed if any public officer is entrusted payment.
with law enforcement and he refrains from
arresting or prosecuting an offender who Qualified indorser. Nego. Inst. Every person
has committed a crime punishable by reclu- negotiating an instrument by delivery or by a
sion perpetua and/or death in consideration qualified indorsement who warrants: (a) that
of any offer, promise, gift or present. [Art. the instrument is genuine and in all respects
211-A, RPC, as amended by RA 7659]. 2. what it purports to be; (b) that he has a good
The felony committed by any public officer title to it; (c) that all prior parties had capaci-

806
ty to contract; (d) that he has no knowledge him. [Villena v. Sec. of the Interior, GR L-
of any fact which would impair the validity of 46570 Apr. 21, 1939].
the instrument or render it valueless. [Sec.
Qualified rape. Crim. Law. [Rape] committed
65, NIL]. 2. A person who indorses without
with the use of a deadly weapon or by 2 or
recourse. [Ibid.].
more persons. [Art. 335, RPC, as amended;
Qualified next-in-rank. Civ. Serv. An employ- People v. Carandang, GR L-31012 Aug. 15,
ee appointed on a permanent basis to a po- 1973]. Compare with Simple rape.
sition previously determined to be next-in-
Qualified rape (under Art. 266-A, in rel. to
rank and who meets the requirements for
Art. 266-B of the RPC). Crim. Law. Ele-
appointment thereto as previously deter-
ments to convict: (a) Sexual congress, (b)
mined by the appointing authority and ap-
with a woman, (c) by force and without con-
proved by the CSC. [Sec. 21, Admin. Code
sent; and in order to warrant the imposition
of 1987].
of the death penalty, the additional elements
Qualified occupant. Tenant. The Urban Land that: (d) the victim is under eighteen years of
Reform Law (PD 1517) defines the term in age at the time of the rape, and (e) the of-
the same context as the term ―tenant.‖ [Ver- fender is a parent [whether legitimate, illegit-
gara v. IAC, GR 74998. May 7, 1990]. imate or adopted] of the victim. [People v.
Bautista, GR 187743. Mar. 3, 2010].
Qualified person. Any citizen of the Phils. with
capacity to contract, or a corp., partnership, Qualified seduction. Crim. Law. The seduc-
assoc., or coop. organized or authorized for tion of a virgin over 12 years and under 18
the purpose of engaging in mining, with years of age, committed by any person in
technical and financial capability to under- public authority, priest, home-servant, do-
take mineral resources development and mestic, guardian, teacher, or any person
duly registered in accordance with law at who, in any capacity, shall be entrusted with
least 60% of the capital of which is owned the education or custody of the woman se-
by citizens of the Phils.: Provided, That a le- duced, or by any person who shall seduce
gally organized foreign-owned corp. shall be his sister or descendant, whether or not she
deemed a qualified person for purposes of be a virgin or over 18 years of age. [Art.
granting an exploration permit, financial or 337, RPC]. Compare with Simple seduc-
technical assistance agreement or mineral tion.
processing permit. [Sec. 3, RA 7942].
Qualified seduction. Crim. Law. Elements: (a)
Qualified piracy. Crim. Law. The felony com- That the offended party is a virgin, which is
mitted by those who commit any of the presumed if she is unmarried and of good
crimes of piracy in general and mutiny on reputation; (b) that she must be over 12 and
the high seas, whenever they have seized a under 18 years of age; (c) that the offender
vessel by boarding or firing upon the same; has sexual intercourse with her; and (d) that
or whenever the pirates have abandoned there is abuse of authority, confidence or re-
their victims without means of saving them- lationship on the part of the offender. [Gon-
selves; or whenever the crime is accompa- zales v. CA, GR 108811. May 31, 1994].
nied by murder, homicide, physical injuries Compare with Consented abduction.
or rape. [Art. 123, RPC].
Qualified theft. Crim. Law. The felony commit-
Qualified political agency doctrine. [The ted by a domestic servant, or with grave
doctrine under which] the different executive abuse of confidence, or if the property stolen
departments are mere adjuncts of the Pres. is motor vehicle, mail matter or large cattle
Their acts are presumptively the acts of the or consists of coconuts taken from the prem-
Pres. until countermanded or reprobated by ises of the plantation or fish taken from a
fishpond or fishery, or if property is taken on

807
the occasion of fire, earthquake, typhoon, mit granted by the state. [People v. CFI of
volcanic eruption, or any other calamity, ve- Quezon (Br. VII) GR L-46772. Feb. 13,
hicular accident or civil disturbance. [Art. 1992].
310, RPC, as amended by RA 120 and BP
Qualified trespass to dwelling. Crim. Law.
71].
The felony committed by any private person
Qualified theft by a domestic servant. Crim. who shall enter the dwelling of another
Law. Elements: (a) The theft is committed against the latter's will, or by means of vio-
by a domestic servant; (b) the theft is com- lence or intimidation. This shall not be appli-
mitted with grave abuse of confidence; (c) cable to any person who shall enter an-
the property stolen is a: (c.1) motor vehicle, other's dwelling for the purpose of prevent-
(c.2) mail matter or (c.3) large cattle; (d) the ing some serious harm to himself, the occu-
property stolen consists of coconuts taken pants of the dwelling or a 3rd person, nor
from the premises of a plantation; (e) the shall it be applicable to any person who
property stolen is fish taken from a fishpond shall enter a dwelling for the purpose of ren-
or fishery; and 6. the property was taken on dering some service to humanity or justice,
the occasion of fire, earthquake, typhoon, nor to anyone who shall enter cafes, tav-
volcanic eruption, or any other calamity, ve- erns, inn and other public houses, while the
hicular accident or civil disturbance. [People same are open. [Arty. 280, RPC].
v. Sison, GR 123183, Jan. 19, 2000].
Qualified voters. The term is equivalent to
Qualified theft committed with grave abuse "registered voters.‖ [Leyva v. Comelec, GR
of confidence. Crim. Law. Elements: (a) L-25469. Oct. 29, 1966].
There was a taking of personal property; (b)
Qualifiedly privileged communication. Crim.
The said property belongs to another; (c)
Law. A defamatory communication made on
The taking was done without the consent of
what is called an occasion of privilege with-
the owner; (d) The taking was done with in-
out actual malice, and as to such communi-
tent to gain; (e) The taking was accom-
cations there is no civil liability, regardless of
plished without violence or intimidation
whether or not the communication is libelous
against person, or force upon things; (f) The
per se or libelous per quod. [Sison v. David,
taking was done with grave abuse of confi-
GR L-11268. Jan. 28, 1961]. See Condi-
dence. [Matrido v. People, GR 179061. July
tionally privileged communication.
13, 2009].
Qualifiedly privileged communications.
Qualified theft of logs. Crim. Law. The of-
Crim. Law. (a) A private communication
fense committerd by any person who shall
made by any person to another in the per-
cut, gather, collect, or remove timber or oth-
formance of any legal, moral or social duty;
er forest products from any forest land, or
and (b) A fair and true report, made in good
timber from alienable and disposable public
faith, without any comments or remarks, of
lands, or from private lands, without any au-
any judicial, legislative or other official pro-
thority under a license agreement, lease, li-
ceedings which are not of confidential na-
cense or permit.[Sec. 68, PD 705].
ture, or of any statement, report or speech
Qualified theft of logs. Crim. Law. Elements: delivered in said proceedings, or of any oth-
(a) That the accused cut, gathered, collect- er act performed by public officers in the ex-
ed or removed timber or other forest prod- ercise of their functions. [Art. 354, RPC].
ucts; (b) that the timber of other forest prod-
Qualifying aggravating circumstances.
ucts cut, gathered, collected or removed be-
Crim. Law. Those which change the nature
longs to the govt. or to any private individu-
of the felony as treachery in murder. [Gre-
al; and (c) that the cutting, gathering, collect-
ing or removing was without authority under
Ed., p. 112].
a license agreement, lease, license, or per-

808
Qualifying circumstance. Crim. Law. A cir- Quantum meruit doctrine. Lat. As much as
cumstance the effect of which is ―not only to one deserves. The doctrine that prevents
give the crime committed its proper and ex- undue enrichment based on the equitable
clusive name but also to place the author postulate that it is unjust for a person to re-
thereof in such a situation as to deserve no tain benefit without paying for it. [See Soler
other penalty than that esp. prescribed for v. CA, GR 123892 May 21, 2001].
said crime.‖ [People v. Bayot, GR L-44564
Quantum of evidence. Weight and sufficiency
Mar. 30, 1937].
of evidence.
Quality assurance. A formal set of activities to
Quantum valebant. Lat. As much as what is
review and ensure the quality of services
reasonably worth. [Mañacop Const. Co. v.
provided. Quality assurance includes quality
CA, GR 122196. Jan. 15, 1997].
assessment and corrective actions to reme-
dy any deficiencies identified in the quality of Quarry. A place, typically a large, deep pit,
direct patient, administrative, and support from which stone or other materials are or
services. [Sec. 1, RA 9241]. have been extracted.
Quality education. The appropriateness, Quarry permit. A document granted to a quali-
relevance and excellence of the education fied person for the extraction and utilization
given to meet the needs and aspirations of of quarry resources on public or private
an individual and society. [Sec. 4, RA 9155]. lands. [Sec. 3, RA 7942].
Quando aliquid prohibitur ex directo, pro- Quarry resources. 1. Any common rock or
hibitur et per obliquum. Lat. What is pro- other mineral substances as the Dir. of MGB
hibited directly is prohibited indirectly. [Bi- may declare to be quarry resources such as,
nalay v. Lelina, Jr., AM RTJ-08-2132, July but not limited to, andesite, basalt, con-
31, 2009]. glomerate, coral sand, diatomaceous earth,
diorite, decorative stones, gabbro, granite,
Quantum. Lat. Amount or extent.
limestone, marble, marl, red burning clays
Quantum meruit. Lat. As much as he has for potteries and bricks, rhyolite, rock phos-
deserved. 1. Used as the basis for determin- phate, sandstone, serpentine, shale, tuff,
ing the lawyer's professional fees in the ab- volcanic cinders, and volcanic glass. [Sec.
sence of a contract. Factors such as the 3, RA 7942]. 2. Any common stone or other
time spent and extent of services rendered; common mineral substances as the govt.
novelty and difficulty of the questions in- may declare to be quarry resources such as,
volved; importance of the subject matter; but not restricted to, marl, marble, granite,
skill demanded; probability of losing other volcanic cinders, basalt, tuff and rock phos-
employment as a result of acceptance of the phate, Provided they contain no metal or
proffered cause; customary charges for metals or other valuable minerals in eco-
similar services; amount involved in the con- nomically workable quantities. [Sec. 2, PD
troversy and the benefits resulting to the cli- 463].
ent; certainty of compensation; character of
Quarrying. The process of extracting, remov-
employment; and professional standing of
ing and disposing quarry resources found on
the lawyer, are considered in determining
or underneath the surface of private or pub-
his fees. [Sesbreño v. CA, GR 117438. June
lic land. [Sec. 3, RA 7942].
8, 1995]. 2. A legal principle under which a
person should not be obliged to pay, nor Quash. To vacate or void a summons, sub-
should another be allowed to receive, more poena, etc.
than the value of the goods or services ex-
changed. Quashal. Rem. Law. The act of quashing
something.

809
Quashing of a writ of execution. Rem. Law. ers at any one time, through the issuance,
Grounds: A writ may be quashed or recalled endorsement, or acceptance of debt instru-
only when (a) it appears that it has been im- ments of any kind other than deposits for the
providently issued; (b) that the writ is defec- borrower's own account, or through the is-
tive in substance; or (c) is issued against the suance of certificates of assignment or simi-
wrong party; or (d) that the judgment debt lar instruments, with recourse, or of repur-
has been paid; or (e) that the writ has been chase agreements for purposes of re-
issued without authority; or (f) there is a lending or purchasing receivables and other
change in the situation of the parties which similar obligations. [Sec. 22, NIRC, as
makes such execution inequitable; or (g) the amended].
controversy was never submitted to the
Quasi-banking functions. Borrowing funds,
judgment of the court. [Ibatan v. Melicor, GR
for the borrower's own account, through the
L-39125. Aug. 20, 1990].
issuance, endorsement or acceptance of
Quasi. Lat. As if; almost as it were; analogous debt instruments of any kind other than de-
to. posits, or through the issuance of participa-
tions, certificates of assignment, or similar
Quasi in rem. Lat. As if against a thing. A
instruments with recourse, trust certificates,
legal term referring to a legal action based
or of repurchase agreements, from 20 or
on property rights of a person absent from
more lenders at any one time, for purposes
the jurisdiction.
of relending or purchasing of receivables
Quasi in rem action. An action bet. parties and other obligations: Provided, however,
where the direct object is to reach and dis- That commercial, industrial, and other non-
pose of property owned by them or of some financial companies, which borrow funds
interest therein. [Quasha v. Juan, GR L- through any of these means for the limited
49140. Nov. 19, 1982]. purpose of financing their own needs or the
needs of their agents or dealers, shall not be
Quasi in rem jurisdiction. Intl. Law. The considered as performing quasi-banking
power of a court to determine the ownership functions. [Sec. 1, PD 71].
rights of persons who appear before it as to
property located outside the forum state. Quasi-contract. 1. A juridical relation arising
from certain lawful, voluntary and unilateral
Quasi-bank. 1. A non-bank financial institution
acts to the end that no one shall be unjustly
authorized by the BSP to engage in quasi- enriched or benefited at the expense of an-
banking functions and to borrow funds from other. [Art. 2142, CC]. 2. An obligation cre-
more than 19 lenders through the issuance,
ated by the law in the absence of an agree-
endorsement or assignment with recourse ment or contract; not based upon the inten-
or acceptance of deposit substitutes as de- tions or expressions of the parties.
fined in Sec. 95 of RA 7653 [New Central
Bank Act] for purposes of relending or pur- Quasi-corporations. Public bodies which
chasing of receivables and other obliga- resemble corps. to undertake public or state
tions. [Sec. 3, RA 9474]. 2. [An entity] en- work for the general welfare, but they are
gaged in the borrowing of funds through the not corps. [Diaz, Bus. Law Rev., 1991 Ed.,
issuance, endorsement or assignment with p. 248].
recourse or acceptance of deposit substi-
Quasi-delict. Also Culpa aquiliana, Culpa
tutes for purposes of re-lending or purchas-
extra-contractual or Cuasi-delitos. 1. An
ing of receivables and other obligations.
act or omission by which a person causes
[Sec 4, RA 8791]. Unlike banks, quasi-
damage to another, there being fault or neg-
banks do not accept deposits.
ligence, and there being no pre-existing con-
Quasi-banking activities. Borrowing funds tractual relation bet. the parties, and which
from 20 or more personal or corporate lend- makes said person liable to pay for the

810
damage done. [Art. 2176, CC]. 2. Homolo- Quasi-judicial function. The action or discre-
gous but not identical to tort under the tion of public administrative officers or bod-
common law, which includes not only negli- ies, who are required to investigate facts, or
gence, but also intentional criminal acts, ascertain the existence of facts, hold hear-
such as assault and battery, false imprison- ings, and draw conclusions from them, as a
ment, and deceit. [Coca-Cola Bottlers v. CA, basis for their official action and to exercise
GR 110295. Oct. 18, 1993]. discretion of a judicial nature. [Midland In-
surance Corp. v. IAC, GR 71905. Aug. 13,
Quasi-delict. Also Tort. Elements: (a) Dam-
1986]. Compare with Judicial function.
ages suffered by the plaintiff, (b) fault or
negligence of the defendant or some other Quasi-judicial power. Also Administrative
person for whose act he must respond, and adjudicatory power. The power of the ad-
(c) the connection of cause and effect bet. ministrative agency to adjudicate the rights
fault or negligence of the defendant and the of persons before it. It is the power to hear
damages incurred by plaintiff. [Andamo v. and determine questions of fact to which the
IAC, GR 74761 Nov. 6, 1990]. legislative policy is to apply and to decide in
accordance with the standards laid down by
Quasi-delivery. Also Quasi-traditio. This
the law itself in enforcing and administering
applies only to the sale of incorporeal things
the same law. [CIR v. CA, GR 119761. Aug.
- like allowing the vendee to use the ven-
29, 1996].
dor‘s rights as new owner with the consent
of the vendor. [Diaz, Bus. Law Rev., 1991 Quasi-legislative power. Also Rule making
Ed., p. 120]. power. The power to make rules and regu-
lations which results in delegated legislation
Quasi-judicial. A term applied to the action,
that is within the confines of the granting
discretion, etc., of public administrative of-
statute and the doctrine of nondelegability
ficers or bodies required to investigate facts,
and separability of powers. [CIR v. CA, GR
or ascertain the existence of facts, hold
119761. Aug. 29, 1996].
hearings, and draw conclusions from them,
as a basis for their official action, and to ex- Quasi-negotiable instrument. A negotiable
ercise discretion of a judicial nature. [Lu- instrument that may be transferred by en-
pangco v. CA, GR L-77372. Apr. 29, 1988]. dorsement, coupled with delivery. [Tan v.
SEC, GR 95696. Mar. 3, 1992].
Quasi-judicial action. An action when an
administrative officer or board is required to Quasi-parties. Those in whose behalf a class
investigate or ascertain the existence of or representative suit is brought.
facts and draw conclusions therefrom as the
Quasi-public corporations. Public bodies
basis for official action and to exercise its
which are not corps. in the full sense but on-
discretion or judgment of a judicial nature.
ly resemble them in that they have some at-
Quasi-judicial adjudication. A determination tributes of a corp. and are created or author-
of rights, privileges and duties resulting in a ized by the legislature as public agencies to
decision or order which applies to a specific undertake some public or state work for the
situation. [Lupangco v. CA, GR L-77372. general welfare. [De Leon, Corp. Code of
Apr. 29, 1988]. the Phil. Annotated, 1989 Ed., p. 43].
Quasi-judicial body. An organ of govt. other Quasi-recidivism. Crim. Law. 1. A special
than a court and other than a legislature, aggravating circumstance where a person,
which affects the rights of private parties after having been convicted by final judg-
through either adjudication or rule making. ment, shall commit a new felony before be-
[Presl. Anti-Dollar Salting Task Force v. CA, ginning to serve such sentence, or while
GR 83578. Mar. 16, 1989]. serving the same. It is not required that the
felony previously committed be embraced in

811
the same title of the Rev. Penal Code. [US Question of fact. There is a question of fact
v. Mohamad, GR 11081. Feb. 11, 1916]. 2. when the doubt arises as to the truth or the
It is punishable by the maximum period of falsehood of alleged facts. [Manila Bay Club
the penalty prescribed by law for the new v. CA, GR 110015. July 11, 1995]. See
felony and cannot be offset by any ordinary Question of law.
mitigating circumstance. [People v. Layson,
Question of law. There is a question of fact
GR L-25177 Oct. 31, 1969].
when the doubt or difference arises as to the
Quasi-traditio. See Quasi-delivery. truth or the falsehood of alleged facts; or
when the query necessarily invites calibra-
Quebrantamiento. Sp. Evasion. It means
tion of the whole evidence considering main-
escape. [Tanega v. Masakayan, GR L-
ly the credibility of witnesses, existence and
27191. Feb. 28, 1967].
relevancy of specific surrounding circum-
Quedan. Sugar warehouse receipt. [Sec. 3, stances, their relation to each other and to
RA 5524; Starke v. Philsucom, GR 85997. the whole and the probabilities of the situa-
Aug. 19, 1992]. tion. [Bernardo v. CA, GR 101680. Dec. 7,
1992]. See Question of fact.
Quedan and Rural Credit Guarantee Corpo-
ration (QUEDANCOR). A non-bank GFI Question ripe for adjudication. [It occurs]
under the policy supervision of the DA cre- when the act being challenged has had a di-
ated under RA 7393 geared towards the es- rect adverse effect on the individual chal-
tablishment of an effective credit delivery lenging it. It is a prerequisite that something
system and a guarantee facility that would had then been accomplished or performed
promote inventory financing of agri-aqua by either branch before a court may come
commodities, production and post-harvest into the picture, and the petitioner must al-
production facilities, farm and fishery ma- lege the existence of an immediate or
chineries and equipment, investment in pro- threatened injury to itself as a result of the
duction inputs and labor and the develop- challenged action.‖ [Belgica v. Executive
ment of rural livelihood enterprise. [Sec. 3, Secretary Ochoa].
RA 10000].
Questions of order. Questions as to whether
Quedan and Rural Credit Guarantee Corpo- the present proceedings are in order or al-
ration Act. RA 7393 entitled ―An Act reor- lowed by the rules of parliamentary proce-
ganizing the Quedan Guarantee Fund dure. See Points of order.
Board, renaming it as Quedan And Rural
Questions of privilege. Those affecting the
Credit Guarantee Corp., enlarging its pow-
duties, conduct, rights, privileges, dignity, in-
ers and resources to support farmers and
tegrity or reputation of the (legislature) or of
rural enterprises, and for other purposes‖
its members, collectively or individually.
enacted on Apr. 13, 1992.
[Rule XX. §121, Rules of the HoR].
QUEDANCOR. See Quedan and Rural Cred-
Qui aliquid statuerit parte inaudita altera,
it Guarantee Corporation.
aequum licet dexerit, haud aequum fac-
Question hour. The practice of members of erit. Lat. He who decides anything, one par-
the Cabinet appearing before Congress is a ty being unheard, though he should decide
feature of the parliamentary system of Govt. right, does wrong. [People v. Mogol, GR L-
where the members of the Cabinet are re- 37837. Aug. 24, 1984].
sponsible to the parliament and may be the
Qui facit per alium doctrine. The doctrine
subject of inquiry on any matter pertaining to
holding that, if in the nature of things the
their departments. Thus our system of govt.
master is obliged to perform the duties by
is strongly presidential but with certain fea-
employing servants, he is responsible for
tures of the parliamentary system.
their acts in the same way that he is respon-

812
sible for his own acts. See Respondeat su- Quick service restaurants (QSRs) or Fast-
perior doctrine. food chains. Restaurants with multiple
branches that have menu boards where
Qui facit per allum facit per se. Lat. He who
food item choices are listed. Customers
acts through another, acts by himself. [BPI
place their orders with the cashier and pay
v. De Coster, GR 25642 & 25643. Nov. 12,
right after their orders are taken. [Art. 5, IRR
1926]. In the law of agency, this is a maxim
of RA 9994].
often stated in discussing the liability of em-
ployer for the act of employee. Quid pro quo. Lat. Something for something.
The giving of something in exchange for an-
Qui haeret in litera haeret in cortice. Lat. He
other thing of equal value.
who considers merely the letter of an in-
strument goes but skin deep into its mean- Quiet title action. A lawsuit filed to establish
ing. [People v. Puno, GR 97471. Feb. 17, ownership of real property where the plaintiff
1993]. seeks a court order to prevent the respond-
ent from making any subsequent claim to
Qui in jus dominumve alterius succedit,
the property.
jure ejus uti debet. Lat. He who succeeds
to the right or property of another must use Quiet title suit. It is also called a suit to re-
the same right as he. [Quijano v. Cabale, move a cloud which is any claim or potential
GR L-25558 Aug. 25, 1926]. claim to ownership of the property and
which cloud can be either a claim of full or
Qui jure suo utitur mullum damnum facit.
partial ownership of the property.
Lat. One who makes use of his own legal
right does no injury. [Auyong Hian v. CTA, Quieting of title. 1. An action brought to re-
GR L-28782. Sep. 12, 1974]. move or prevent a cloud or to quiet the title,
whenever there is a cloud on title to real
Qui non negat fatetur. Lat. The failure to
property or any interest therein, by reason of
deny becomes an admission. [Piedad v. La-
any instrument, record, claim, encumbrance
nao Del Norte Electric Coop., GR 73735.
or proceeding which is apparently valid or
Aug. 31, 1987].
effective but is in truth and in fact invalid, in-
Qui per alium facit per seipsum facere vi- effective, voidable, or unenforceable, and
detur. Lat. He who does a thing by an agent may be prejudicial to said title. [Art. 476,
is considered as doing it himself. This rule is CC]. 2. A common law remedy for the re-
affirmed by the Civ. Code thus: ―Art. 1910. moval of any cloud upon or doubt or uncer-
The principal must comply with all the obli- tainty with respect to title to real property.
gations which the agent may have contract- Originating in equity jurisprudence, its pur-
ed within the scope of his authority.‖ and pose is to secure ‗x x x an adjudication that
―Art. 1911. Even when the agent has ex- a claim of title to or an interest in property,
ceeded his authority, the principal is solidari- adverse to that of the complainant, is invalid,
ly liable with the agent if the former allowed so that the complainant and those claiming
the latter to act as though he had full pow- under him may be forever afterward free
ers.‖ [Prudential Bank v. CA, GR 108957. from any danger of hostile claim. [Calacala
June 14, 1993]. v. Rep., GR 154415. July 28, 2005].
Qui prior est tempore, potior est jure. Lat. Quieting of title. Requisites: (a) The plaintiff
He who is before in time is the better in or complainant has a legal or equitable title
right. Priority in time gives preference in law. or interest in the real property subject of the
[Victronics Computers, Inc. v. RTC, Branch action; and (b) the deed, claim, encum-
63, Makati, GR 104019. Jan. 25, 1993, 5th brance, or proceeding claimed to be casting
Ed., p. 1125]. cloud on his title must be shown to be in fact
invalid or inoperative despite its prima facie

813
appearance of validity or legal efficacy. Quo warranto; Who may be made parties.
[Eland Phils., Inc. v. Garcia, GR 173289, Rem Law. Any person claiming to be enti-
Feb. 17, 2010]. tled to a public office may bring an action of
quo warranto without the intervention of the
Quitclaim. A release or acquittance given to
Sol. Gen. or the Fiscal [Navarro v. Gimenez,
one man by another, in respect of any action
10 Phil., 226] and only the person who is in
that he has or might have against him. Also
unlawful possession of the office, and all
acquitting or giving up one's claim or title.
who claim to be entitled to that office, may
Quitclaim deed. A deed without warranty of be made parties in order to determine their
title which passes whatever title the grantor respective rights thereto in the same action.
has to another.
Quod ab initio non valet, in tractu temporis
Quo warranto. Lat. By what warrant [authori- non convalescit. Lat. That which is void
ty]? 1. Elec. Law. The remedy to try the right originally does not by lapse of time become
to an office or franchise and to oust the valid. [Acosta v. Salazar, GR 161034, June
holder from its enjoyment. [Lota v. CA, GR 30, 2009].
L-14803. June 30, 1961]. 2. Rem Law. A
Quod est inconveniens, aut contra ra-
proceeding to determine the right to the use
tionem non permissum est in lege. Lat.
or exercise of a franchise or office and to
What is inconvenient or contrary to reason is
oust the holder from its enjoyment, if his
not allowed in law. [Rep. v. CA, GR 108926.
claim is not well-founded, or if he has for-
July 12, 1996].
feited his right to enjoy the privilege. [Castro
v. Del Rosario, GR L-17915. Jan. 31, 1967]. Quod nullum est, nullum producit effectum.
Lat. That which is a nullity produces no ef-
Quo warranto petition. Rem. Law. 1. The
fect. [Maagad v. Maagad, GR 171762, June
proper remedy where there is usurpation or
5, 2009].
intrusion into an office. [Lota v. CA, GR L-
14803, June 30, 1961]. 2. A remedy gener- Quod quisque ob tutelam corporis sui fe-
ally brought by the Govt. through the Sol. cerit, jure suo fecisse existimetur. Lat.
Gen. of a public prosecutor against a per- That which anyone should do for the safety
son, public officer or corp., charging the lat- of his own person is to be adjudged as hav-
ter with usurpation of office or franchise. ing been done justly in his own favor. [Peo-
This action intends to oust the defendant ple v. Boholst-Caballero, GR L-23249. Nov.
from his office or from enjoying holder's priv- 25, 1974].
ileges if the right to hold such office is not
Quod vanum et inutile est, lex non requirit.
well founded or if the holder has forfeited the
Lat. The law does not require what is vain
said right. An individual person claiming to
and useless. [Co. Litt. 319]. See Lex
be entitled to a public office or position may
neminem cogit ad vana seu inutilia per-
also file the special civil action of quo war-
agenda.
ranto in his name.
Quorum. 1. Corp. Law. The stockholders rep-
Quo Warranto under the Omnibus Election
resenting a majority of the outstanding capi-
Code. An election contest involving the
tal stock or a majority of the members in the
qualifications for office of an elective munic-
case of non-stock corps., unless otherwise
ipal official, on the ground of ineligibility or
provided for in the Corp. Code or in the by-
disloyalty to the Rep. of the Phils. The issue
laws. [Sec. 52, Corp. Code]. 2. Pol. Law.
is whether the respondent possesses all the
That number of persons of the body which,
qualifications and none of the disqualifica-
when legally assembled in their proper plac-
tions prescribed by law. [Sec. 3, Rule 1, AM
es, will enable the body to transact its prop-
10-4-1-SC, May 4, 2010].
er business, or, in other words, that number
that makes a lawful body and gives it power

814
to pass a law or ordinance or do any other
valid corporate act. [Javellana v. Tayo, GR
L-18919. Dec. 29, 1962].
Quorum required in a stock corporation. It
shall consist of the stockholders represent-
ing a majority of the outstanding capital
stock or a majority of the actual and living
members with voting rights, in the case of
non-stock corp. [Tan v. Sycip, GR 153468,
Aug. 17, 2006].
Quorum required in a stock corporation.
Exceptions: (a) A different quorum may be
provided for in the by-laws; and (b) The
Corp. Code provides for certain resolutions
that must be approved by at least 2/3 of the
outstanding capital stock, in which case, a
majority of the outstanding capital stock is
insufficient to constitute a quorum. The
presence of the stockholders representing
2/3 of the outstanding capital stock is nec-
essary for such purpose.
Quota. (a) A share, proportion, or part of a
total. (b) The number of persons or things
permitted to enter a country.
Quota allocation. The total value of imports of
any particular item allowed to an importer, or
that portion of the import quota granted to
the importer. [Sec. 1, RA 426].
Quota workers or Production standard
workers. Labor. Those whose performance
is measured based on an imposed minimum
amount or quantity of production for a given
period, usu. 8 hours.
Quoties in verbis nulla est ambiguitas, ibi
nulla expositio contra verba fienda est.
Lat. In the absence of ambiguity, no exposi-
tion shall be made which is opposed to the
express words of the instrument.
Quum virginitas, vel castitas, corrupta
restitui non potest. Lat. Bec. virginity or
chastity, once defiled, cannot be restored.
[People v. Luague, GR 43588. Nov. 7,
1935].

815
technology issued by the Board of Radiolog-
-R- ic Technology. [Sec. 3, RA 7431].
Rabies. A highly fatal disease caused by a Radiologic technology. An auxiliary branch
lyssa virus, transmitted mainly through the of radiology which deals with the technical
bite of an infected animal and is character- application of radiation, such as x-rays, beta
ized by muscle paralysis, hydrophobia and rays, gamma rays, ultrasound and radio fre-
aerophobia, and other neurological manifes- quency rays, in the diagnosis and treatment
tations. [Sec. 3, RA 9482]. of diseases. [Sec. 3, RA 7431].
Rabies transmission. The transmission or Radiologic Technology Act of 1992. RA
passage of the rabies virus through a bite by 7431 enacted on Apr. 22, 1992.
an infected animal, or through contamination
Radiologist. A licensed physician who spe-
with virus-laden saliva on breaks in the skin
cializes in the diagnosis or treatment of dis-
and of mucous membranes such as the
ease with the use of radiation. [Sec. 3, RA
eyes, the lips, the mouth, or the genital or-
7431].
gans. [Sec. 3, RA 9482].
Radiology. A branch of medical science which
Rabies vaccination or Immunoprophylaxis
deals with the use of radiation in the diagno-
of humans. The inoculation of humans, with
sis, treatment and research of diseases.
modern day rabies vaccines or rabies im-
[Sec. 3, RA 7431].
munoglobulin, by a trained doctor or nurse
under the supervision of a qualified medical Radiotelephone call. A telephone call, origi-
practitioner. [Sec. 3, RA 9482]. nating in or intended on all or part of its
route over the radio communications chan-
Rabies vaccination of dogs. The inoculation
nels of the mobile service or of the mobile
of a dog with a rabies vaccine by a licensed
satellite service. [PLDT v. NTC, GR 88404.
govt. or private veterinarian or trained indi-
Oct. 18, 1990].
vidual under the direct supervision of a li-
censed veterinarian. The services of the Radiotelephony. 1. A telephony carried on by
said trained individual shall be limited only to aid of radiowaves without connecting wires.
rabies vaccination injection in dogs and only 2. A telephone carried on by aid of radio-
during govt. mass vaccination campaigns. waves without connecting wires. [PLDT v.
[Sec. 3, RA 9482]. NTC, GR 88404. Oct. 18, 1990].
Radiation. The emission of energy as elec- Rainfall. The amount of water falling in rain
tromagnetic waves or as moving subatomic within a given time and area usu. expressed
particles. as hypothetical depth of coverage.
Radiation device. An electrical or electronic Random. Proceeding, made, or occurring
apparatus emitting any ionizing or non- without definite aim, reason, or pattern.
ionizing electromagnetic or particulate radia-
tion; or any sonic; infrasonic, or ultrasonic Random drug tests. Drug tests as selected
wave. It includes ionizing radiation emitting through an unscheduled process and tested
for selected illegal drugs, controlled sub-
equipment which is not intentionally de-
signed to produce radioactive materials. stances and/or alcohol.
[Sec. 9, RA 9711]. Rank. 1. A high social position or standing as
Radioactive substance. Any substance which a grade in the armed forces. 2. A graded of-
emits ionizing radiation. [Art. 4, RA 7394]. ficial standing or social position or station. 3.
The order or place in which said officers are
Radiologic technologist. A bona fide holder placed in the army and navy in relation to
of a certificate of registration for radiologic others. 4. The designation or title of distinc-

816
tion conferred upon an officer in order to fix (b.1) by using force or intimidation, or (b.2)
his relative position in reference to the other when the woman is deprived of reason or
officers in matters of privileges, precedence, otherwise unconscious, or (3) when the
and sometimes of command or by which to woman is under 12 years of age. [Gonzales
determine his pay and emoluments as in the v. CA, GR 108811. May 31, 1994].
case of army staff officers. 5. A grade or of-
Rape. Crim. Law. When deemed consummat-
ficial standing, relative position in civil or so-
ed: Complete or full penetration of the com-
cial life, or in any scale of comparison, sta-
plainant‘s private part is not at all necessary.
tus, grade, incl. its grade, status or scale of
Neither is the rupture of the hymen essen-
comparison within a position. [All definitions
tial. What is fundamental is that the entry or
cited in People v. Rodil, GR L-35156. Nov.
at least the introduction of the male organ
20, 1981].
into the labia of the pudendum is proved.
Rank-and-file employees. 1. All employees The mere introduction of the male organ into
not falling within the definitions of Manageri- the labia majora of the victim‘s genitalia,
al employee and Supervisory employees. even without the full penetration of the com-
[Sec. 1, Rule 1, Book 5, IRR of LC]. 2. plainant‘s vagina, consummates the crime.
Hence, the ―touching‖ or ―entry‖ of the penis
Ransom. 1. The money, price or consideration
into the labia majora or the labia minora of
paid or demanded for redemption of a cap-
the pudendum of the victim‘s genitalia con-
tured person or persons, a payment that re-
summates rape. [People v. Flores, GR
leases from captivity. [People v. Guevarra,
145309-10. Apr. 4, 2003].
GR 97471. Feb. 17, 1993]. 2. Money paid to
have a kidnapped person released. Rape of Nanking. A ―barbaric campaign of
terror‖ began in Dec. 1937 [by the] Japa-
Rape. Derived from the Latin word, rapere,
nese military forces [that] captured the city
literally meaning, to seize with violence.
of Nanking in China, which [campaign] in-
Crim. Law. 1. The felony committed by hav-
cluded the rapes and murders of an esti-
ing carnal knowledge of a woman under any
mated 20,000 to 80,000 Chinese women,
of the following circumstances: (a) By using
incl. young girls, pregnant mothers, and el-
force or intimidation; (b) when the woman is
derly women. [Vinuya v. Romulo, GR
deprived of reason or otherwise uncon-
162230, Apr. 28, 2010].
scious; and (c) when the woman is under 12
years of age, even though neither of the cir- Rape Victim Assistance and Protection Act
cumstances mentioned in the 2 next preced- of 1998. RA 8505 entitled ―An Act providing
ing numbers shall be present. [Art. 335, assistance and protection for rape victims,
RPC]. 2. Generally defined as the carnal establishing for the purpose a rape crisis
knowledge of a woman by a man forcibly center in every province and city, authoriz-
and unlawfully against her will. [People v. ing the appropriation of funds therefor, and
Padre-e, GR 112969-70. Oct. 24, 1995]. 3. for other purposes‖ enacted on Feb. 13,
Carnal knowledge of a woman by a man 1998.
which must be unlawful, that is, without her
Rape with homicide. Crim. Law. A special
consent and against her utmost resistance.
complex crime committed by a person who
The presence or absence of traces of sper-
had carnal knowledge of a woman by
matozoa is immaterial, since it is penetra-
means of force, threat or intimidation and by
tion, however slight, and not ejaculation, that
reason or on occasion of which the accused
makes it rape. [People v. Gerones, GR
killed the woman. See Special complex
91116 Jan. 24, 1991].
crime of rape with homicide.
Rape. Crim. Law. Elements: (a) That the of-
Rape with homicide. Crim. Law. Elements:
fender has had carnal knowledge of a wom-
(a) The accused had carnal knowledge of a
an; and (b) that such act is accomplished:

817
woman; (b) carnal knowledge of a woman Ratification. Civ. Law. Effects: (a) Ratification
was achieved by means of force, threat or extinguishes the action to annul a voidable
intimidation; and (c) by reason or on occa- contract [Art. 1392, CC]; (b) it cleanses the
sion of such carnal knowledge by means of contract from all its defects from the moment
force, threat or intimidation, the accused it was constituted [Art. 1396, CC]; and (c) it
killed a woman. [People v. Nanas, GR makes the contract perfectly valid from the
137299. Aug. 21, 2001]. moment of its celebration and not from the
time of ratification. [Diaz, Bus. Law Rev.,
Rapprochement. Fr. rapprocher: to bring
1991 Ed., p. 89].
together. Intl. Law. An establishment or re-
sumption of harmonious relations. Ratification in agency doctrine. The doctrine
pertaining to the adoption or confirmation by
Rate. Admin. Law. Any charge to the public for
one person of an act performed on his be-
a service open to all and upon the same
half by another without authority. The sub-
terms, incl. individual or joint rates, tolls,
stance of the doctrine is confirmation after
classifications, or schedules thereof, as well
conduct, amounting to a substitute for a pri-
as commutation, mileage, kilometerage and
or authority. [Manila Memorial Park Ceme-
other special rates which shall be imposed
tery, Inc. v. Linsangan, GR 151319, Nov. 22,
by law or regulation to be observed and fol-
2004].
lowed by any person. [Sec. 2, Chap. 1, Book
VII, EO 292]. Ratihabitio aequiparatur mandato. Lat. Rati-
fication is equivalent to a mandate. [Govt of
Rate. Ins. Generally, the ratio of the premium
the Phil. Islands v. The Standard Oil Co. of
to the amount insured and shall include, as
New York, GR. 5876, Sep. 1, 1911].
the context may require, either the consid-
eration to be paid or charged for insurance Ratihabitio mandato aequiparatur. Lat. Rati-
contracts, incl. surety bonds, or the ele- fication is equal to a command.
ments and factors forming the basis for the
Ratio decidendi. Lat. Reason for deciding. 1.
determination or application of the same, or
A finding of law in a decision, where the
both. [Sec. 339, IC].
finding was based on the issues properly
Rate base. The money honestly and prudently before the court. It is legal reasoning essen-
invested in the used and useful property and tial to the decision that the court must take
equipment less accrued depreciation plus to decide the case. 2. The ground or reason
one-twelfth of the annual cash operating ex- of the decision in a case.
penses as working capital. [Sec. 5, RA
Ratio in jure aequitas integra. Lat. Reason in
3187].
law is perfect equity.
Rate of exchange. The rate at which one
Ratio legis. Lat. The reason or occasion of a
currency can be exchanged for another. See
law; the occasion of making a law.
Exchange rate.
Ratio legis est anima legis. Lat. The reason
Ratification. 1. Civ. Law. The approval by a
of the law is the soul of the law.
person of a prior act which did not bind him
but which was purportedly entered into for Ratio legis est anima. Lat. The reason of law
his own account. [Diaz, Bus. Law Rev., is its soul. [Comendador v. De Villa, GR
1991 Ed., p. 89]. 2. An act to adopt or ap- 93177. Aug. 2, 1991].
prove an act done by another. [Torres,
Oblig. & Cont., 2000 Ed., p. 354]. 3. Consti. Ratiocinate. To reason methodically and logi-
cally.
Law. The sovereign act vested in the Fil.
people to either reject or approve the pro- Ratiocination. The process of logical reason-
posals to amend or revise the Consti. [Sua- ing or rational thought.
rez, Pol. Law Reviewer, 1st Ed., 2002, p. 15].

818
Rational basis test. A judicial standard of RE. Renewable Energy.
review that examines whether a legislature
RE Contract. See Renewable Energy Ser-
had a reasonable and not an arbitrary basis
vice (Operating) Contract.
for enacting a particular statute. See Tradi-
tional test. RE Resources. See Renewable Energy Re-
sources.
Rational equivalence. [It is] what the law
requires, in the consideration of which will RE Systems. See Renewable Energy Sys-
enter the principal factors the emergency, tems.
the imminent danger to which the person at-
Reactivation. The reinstatement of a deac-
tacked is exposed, and the instinct, more
than the reason, that moves or impels the tivated voter. [Sec. 2, RA 10367].
defense, and the proportionateness thereof Real action. An action brought for the specific
does not depend upon the harm done, but recovery of land, tenements, or heredita-
rests upon the imminent danger of such inju- ments. [Hernandez v. DBP, GR L-31095.
ry. [People v. Gutual, GR 115233. Feb. 22, June 18, 1976]. Compare with Personal ac-
1996]. tion.
Rational equivalence doctrine. [The] rea- Real aggression. Crim. Law. An act positively
sonable necessity of the means employed strong as to show the wrongful intent of the
[to repel the unlawful aggression] does not aggressor, not merely a threatening or intim-
imply material commensurability bet. the idating attitude. There must be a material at-
means of attack and defense [but] [w]hat the tack in order that the right to defend must
law requires is rational equivalence, in the exist. [Pacificar v. CA, GR L-33277 Nov.
consideration of which will enter the princi- 25,1983].
pal factors of the emergency, the imminent
danger to which the person attacked is ex- Real and hypothecary nature of maritime
posed, and the instinct, more than the rea- law. Mar. Ins. It simply means that the liabil-
son, that moves or impels the defense, and ity of the carrier in connection with losses re-
the proportionateness thereof does not de- lated to maritime contracts is confined to the
pend upon the harm done, but rests upon vessel, which is hypothecated for such obli-
the imminent danger of such injury. [People gations or which stands as the guaranty for
v. Gutual, GR 115233 Feb. 22, 1996]. their settlement. [Aboitiz Shipping Corp. v.
General Accident Fire and Life Assurance
Ratooning. The cutting of the straw close to Corp., Ltd., GR 100446, Jan. 21, 1993].
the ground at harvesting time after all the
standing water has been drained out to al- Real and hypothecary nature of maritime
low the young tillers to sprout out the root- law doctrine. Mar. Ins. [The rule that] a ship
stocks and develop into mature normal owner‘s liability is merely co-extensive with
bearing plants in 3 or 4 months with the aid his interest in the vessel, except where ac-
of fertilizer, manure or compost. [Sec. 2, RA tual fault is attributable to the shipowner.
2263]. [Aboitiz Shipping Corp. v. CA, GR 121833,
Oct. 17, 2008].
Raw materials. Materials in their natural state
or in crude form as well as products made Real contracts. Contracts, such as deposit,
from crude material or materials which may pledge and Commodatum, which are not
have undergone manufacturing or process perfected until the delivery of the object of
as may be allowed by any IRR. [Sec. 12, PD the obligation. [Art. 1316, CC]. Compare
1419]. with Consensual contracts.
RDA. See Recommended Dietary Allowanc- Real delivery. See Actual delivery.
es.

819
Real estate. 1. The land and all those items on; and (ii) the conception, planning, man-
which are attached to the land. It is the agement and development of real estate
physical, tangible entity, together with all the projects. [Sec. 3, RA 9646].
additions or improvements on, above or be-
Real estate dealer. 1. Any person engaged in
low the ground. [Sec. 3, RA 9646]. 2. For
the business of buying and selling or ex-
purposes of taxation, all land within the dis-
changing real properties on his own account
trict by which the tax is levied, and all rights
as a principal and holding himself out as a
and interests in such land, and all buildings
full or part-time dealer in real estate. 2. Any
and other structures affixed to the land,
person engaged in the business of buying,
even though as bet. the landlord and the
selling, exchanging, leasing, or renting
tenant they are the property of the tenant
property on his own account as principal
and may be removed by him at the termina-
and holding himself out as a full or part-time
tion of the lease. [Villanueva v. City of Iloilo,
dealer in real estate or as an owner of rental
GR L-26521. Dec. 28, 1968].
property or properties rented or offered to
Real estate appraiser. A duly registered and rent for an aggregate amount of P3,000 or
licensed natural person who, for a profes- more a year. [Sec. 6, RA 588].
sional fee, compensation or other valuable
Real estate developer. 1. Any person en-
consideration, performs or renders, or offers
gaged in the business of developing real
to perform services in estimating and arriv-
properties into subdivisions, or building
ing at an opinion of or acts as an expert on
houses on subdivided lots, or constructing
real estate values, such services of which
residential or commercial units, townhouses
shall be finally rendered by the preparation
and other similar units for his own account
of the report in acceptable written form.
and offering them for sale or lease. 2. Any
[Sec. 3, RA 9646].
natural or juridical person engaged in the
Real estate assessor. A duly registered and business of developing real estate develop-
licensed natural person who works in a[n] ment project for his/her or its own account
LGU and performs appraisal and assess- and offering them for sale or lease. [Sec. 3,
ment of real properties, incl. plants, equip- RA 9646].
ment, and machineries, essentially for taxa-
Real estate development project. The devel-
tion purposes. [Sec. 3, RA 9646].
opment of land for residential, commercial,
Real estate broker. Real estate broker. A duly industrial, agricultural, institutional or recrea-
registered and licensed natural person who, tional purposes, or any combination of such
for a professional fee, commission or other incl., but not limited to, tourist resorts, rec-
valuable consideration, acts as an agent of lamation projects, building or housing pro-
a party in a real estate transaction to offer, jects, whether for individual or condominium
advertise, solicit, list, promote, mediate, ne- ownership, memorial parks and others of
gotiate or effect the meeting of the minds on similar nature. [Sec. 3, RA 9646].
the sale, purchase, exchange, mortgage,
Real Estate Investment Trust (REIT). A stock
lease or joint venture, or other similar trans-
corp. established in accordance with the
actions on real estate or any interest therein.
Corp. Code of the Phils. and the rules and
[Sec. 3, RA 9646].
regulations promulgated by the SEC
Real estate consultant. A duly registered and principally for the purpose of owning
licensed -natural person who, for a profes- income-generating real estate assets. For
sional fee, compensation or other valuable purposes of clarity, a REIT, although
consideration, offers or renders professional designated as a "trust", does not have the
advice and judgment on: (i) the acquisition, same technical meaning as "trust" under
enhancement, preservation, utilization or existing laws and regulations but is used
disposition of lands or improvements there- herein for the sole purpose of adopting the

820
internationally accepted description of the Real estate service practitioners. [They]
company in accordance with global best consist of: (a) Real estate consultant; (b)
practices. [Sec. 3, RA 9856]. Real estate appraiser; (c) Real estate as-
sessor; (d) Real estate broker; and (e) Real
Real Estate Investment Trust (REIT) Act of
estate salesperson. [Sec. 3, RA 9646].
2009. RA 9856 entitled ―An Act Providing
the Legal Framework for Real Estate Real estate tax. A tax in rem against realty
Investment Trust and for Other Purposes‖ without personal liability therefor on part of
which lapsed into law on Dec. 17, 2009. owner thereof, and a judgment recovered in
proceedings for enforcement of real estate
Real estate lessor. Any person engaged in
tax is one in rem against the realty without
the business of leasing or renting real prop-
personal liability against the owner. [Vil-
erties on his own account as a principal and
lanueva v. City of Iloilo, GR L-26521. Dec.
holding himself out as a lessor of real prop-
28, 1968].
erties being rented out or offered for rent.
Real estate-related assets. 1. Debt securities
Real estate mortgage. 1. A con-tract embod-
and listed shares issued by listed property
ied in a public instrument recorded in the
companies; or 2. Other funds and assets,
Registry of Property, by which the owner of
incl. personal property, incidental to the
an immovable (or an alienable real right im-
ownership of real estate. [Sec. 3, RA 9856].
posed upon immovables) directly and im-
mediately subjects it, whoever the posses- Real evidence. Any fact about a material or
sor may be, to the fulfillment of the obliga- corporate object, e.g. a book or a human
tion for whose security it was constituted. foot, whether produced in court or not. [Tig-
[Arts. 2124, 2125, 2126, CC. Note that Art. lao v. Comelec, GR L-31566 & L-31847.
2125 states that "If the instrument is not Aug. 31, 1970]. See Autoptic preference.
recorded, the mortgage is nevertheless
Real interest. A present substantial interest,
binding bet. the parties."]. 2. A contract in
as distinguished from a mere expectancy or
which the debtor guarantees to the creditor
a future, contingent, subordinate or conse-
the fulfillment of a principal obligation, sub-
quential interest. [Barfel Devt. Corp. v. CA].
jecting for the faithful compliance therewith a
real property in case of non-fulfillment of Real novation. Also Objective novation. The
said obligation at the time stipulated. [Paras. extinguishment of an obligation by a subse-
E. L., Civ. Code of the Phils., Anno., 10th quent one which terminates it, either by
Ed., Vol. V, p. 852]. Compare with Chattel changing its object or principal conditions.
mortgage. [Caned v. CA, GR 81322. Feb. 5, 1990].
Compare with Personal novation or Sub-
Real estate salesman. Any natural person
jective Novation.
regularly employed by a real estate broker
to perform in behalf of such broker. [Sec. 1, Real party in interest. The party who stands
PD 426]. to be benefited or injured by the judgment or
the party entitled to the avails the suit. [Sa-
Real estate salesperson. A duly accredited
mahan ng mga Nangungupahan sa Azcar-
natural person who performs service for,
raga Textile Market v. CA, GR 68357, Sep.
and in behalf of a real estate broker who is
26, 1988; Sec. 2, Rule 3, RoC].
registered and licensed by the Professional
Regulatory Board of Real Estate Service for Real party in interest-defendant. One who
or in expectation of a share in the commis- has a correlative legal obligation whose act
sion, professional fee, compensation or oth- or omission violates the legal right of the
er valuable consideration. [Sec. 3, RA plaintiff. [Lee v. Romillo, GR L-60937. May
9646]. 28, 1988].

821
Real party in interest-plaintiff. One who has Real right of possession. Possession for
a legal right. [Lee v. Romillo, GR L-60937. more than one year, or possession de jure
May 28, 1988]. (Art. 555, CC) which is lost after the lapse of
10 years.
Real plurality. Also Concurso real. This aris-
es when the accused performs an act or dif- Real tradition. The delivery or transfer of a
ferent acts with distinct purposes and result- thing from hand to hand, if it is movable, and
ing in different crimes which are juridically if it is immovable, by certain material or pos-
independent. Unlike ideal plurality, this real sessory acts by the grantee done in the
plurality is not governed by Art. 48 of the presence and with the consent of the gran-
Rev. Penal Code. [Gamboa v. CA, GR L- tor, such as entering upon the property,
41054. Nov. 28, 1975]. gathering its fruits, opening doors, etc.,
which are generally called taking posses-
Real property. 1. Also Real estate. Land and
sion. [Tolentino, Civ. Code of the Phils., Vol.
buildings and other improvements which are
II, Repr. 2001, p. 459]. See Constructive
more or less of permanent structure and
tradition.
substantially adhering to the land with the in-
tent of permanent annexation. [IRR on Sup- Real union. Intl. Law. A union created when 2
ply & Prop. Mgt., per Sec. 383, LGC]. 2. All or more states are merged under a central
the rights, interests and benefits related to authority through which they act in the direc-
the ownership of real estate. [Sec. 3, RA tion of their external affairs. The states form-
9646]. ing this union do not lose their status as
such but their respective intl. personalities
Real property; as to kind. It includes residen-
are extinguished and blended in the new
tial, commercial, agricultural, industrial, etc.;
intl. person which, however, is not consid-
as to nature, it includes paraphernal, conju-
ered a state. [Cruz, Intl. Law Reviewer, 1996
gal and absolute community. [CSC‘s Guide-
Ed., p. 13]. Compare with Personal union.
lines on the use of the rev. SALN form].
Reallocation. See Reclassification.
Real Property Tax (RPT). A direct tax on the
ownership of lands and buildings or other Realty Installment Buyer Protection Act. RA
improvements thereon, not specially ex- 6552 entitled ―An Act to provide protection to
empted, and is payable regardless of buyers of real estate on installment pay-
whether the property is used or not, alt- ments‖ enacted on Aug. 26, 1972. Also
hough the value may vary in accordance known as Maceda Law.
with such factor. The tax is usu. single or in-
Reasonable. Based on good sense.
divisible, although the land and building or
improvements erected thereon are as- Reasonable bail. That bail which, in view of
sessed separately, except when the land the nature of the offense, the penalty which
and building or improvements belong to the law attaches to it and the probabilities
separate owners. [Villanueva. v. City of Iloi- that guilt will be established on the trial,
lo, GR L-26521, 28 Dec. 1968]. seems no more than sufficient to secure the
party‘s attendance. In determining this,
Real Property Tax Code. PD 464 signed into
some regard should be had to the prisoner‘s
law on May 20, 1974.
pecuniary circumstances.
Real right. The power belonging to a person
Reasonable care. The degree of diligence
over a specific thing, without a passive sub-
required in the performance of a right.
ject individually determined against whom
such right may be personally exercised. [To- Reasonable classification. Elements: (a) It
lentino, Civ. Code of the Phils., Vol. II, Repr. must rest on substantial distinctions; (b) it
2001, p. 5]. must be germane to the purpose of the law;
(c) it must not be limited to existing condi-

822
tions only; and (d) it must apply equally to all of Kings Transport, Inc. v. Mamac, GR
members of the same class. [Maritime Man- 166208, June 29, 2007].
ning Agencies v. POEA, GR 114714. Apr.
Reasonable person. A phrase used to denote
21, 1995].
a hypothetical person who exercises quali-
Reasonable connection rule. A rule in labor ties of attention, knowledge; intelligence,
law that the primary standard is the reason- and judgment that society requires of its
able connection between the particular ac- members for the protection of their own in-
tivity performed by the employee in relation terest and the interests of others. Thus, the
to the usual business or trade of the em- test of negligence is based on either a fail-
ployer. If the employee has been performing ure to do something that a reasonable per-
the job for at least one year, even if the person, guided by considerations that ordinarily
formance is not continuous or only intermit- regulate conduct, would do, or on the doing
tent, the law deems the repeated and con- of something that a reasonable and prudent
tinuing need for its performance as sufficient (wise) person would not do.
evidence of the necessity, if not indispensa-
Reasonable private benefit plan. A pension,
bility, of the activity of the business.
gratuity, stock bonus or profit-sharing plan
Reasonable doubt. 1. That doubt engendered maintained by an employer for the benefit of
by an investigation of the whole proof and some or all of his officials or employees,
an inability, after such investigation, to let wherein contributions are made by such
the mind rest easy upon the certainty of employer for the officials or employees, or
guilt. Absolute certainty of guilt is not de- both, for the purpose of distributing to such
manded by the law to convict of any criminal officials and employees the earnings and
charge but moral certainty is required, and principal of the fund thus accumulated, and
this certainty is required as to every proposi- wherein it is provided in said plan that at no
tion of proof requisite to constitute the of- time shall any part of the corpus or income
fense. [US v. Lasada, GR L-5324. Dec. 28, of the fund be used for, or be diverted to,
1910]. 2. That state of mind of a judge in any purpose other than for the exclusive
which he cannot say he feels an abiding benefit of the said officials and employees.
conviction as to the truth of the charge. [Sec. 31, NIRC, as amended].
Reasonable necessity of the means em- Reasonable rate of return on investments
ployed. Crim. Law. It does not imply materi- and operating and maintenance cost. The
al commensurability bet. the means of at- rate of return that reflects the prevailing cost
tack and defense. What the law requires is of capital in the domestic and intl. markets.
rational equivalence, in the consideration of [Sec. 2, RA 7718].
which will enter as principal factors the
Reasonable time. So much time as is neces-
emergency, the imminent danger to which
sary under the circumstances for a reason-
the person attacked is exposed, and the in-
able prudent and diligent man to do, con-
stinct, more than the reason, that moves or
veniently, what the contract or duty requires
impels the defense, and the proportionate-
should be done, having a regard for the
ness thereof does not depend upon the
rights and possibility of loss, if any, to the
harm done, but rests upon the imminent
other party. [Far East Realty Investment,
danger of such injury. [People v. Encomien-
Inc. v. CA, GR L-36549 Oct. 5, 1988].
da, GR L-26750. Aug. 18, 1972].
Reasonableness of the rental charged. Fac-
Reasonable opportunity. Under the Omnibus
tors [that] may be considered in determining
Rules Implementing the Labor Code, every
[the same]: (a) the prevailing rates in the vi-
kind of assistance that management must
cinity; (b) location of the property; (c) use of
accord to the employees to enable them to
the property; (d) inflation rate; and (e) the
prepare adequately for their defense. [King

823
testimony of one of the private respondents. maining as they are. 1. Under this theory,
[D.O. Plaza Mgt. Corp. v. Atega, GR the parties stipulate in the light of certain
158526, Dec. 16, 2004]. prevailing conditions, and once these condi-
tions cease to exist the contract also ceases
Reassessment. The assigning of new as-
to exist. Considering practical needs and the
sessed values to property, particularly real
demands of equity and good faith, the dis-
estate, as the result of a general, partial or
appearance of the basis of a contract gives
individual reappraisal of the property. [Sec.
rise to a right to relief in favor of the party
3, PD 464].
prejudiced. 2. A name given to a tacit condi-
Reassignment. Admin. Law. The movement tion, said to attach to all treaties, that they
of an employee from one organizational unit shall cease to be obligatory so soon as the
to another in the same department or agen- state of facts and conditions upon which
cy which does not involve a reduction in they were founded has substantially
rank, status, or salary and does not require changed. [PNCC v. CA, GR 116896. May 5,
the issuance of an appointment. [Sec. 10, 1997, 1139 (5th Ed., 1979)]. Compare with
Rule VII of the Omnibus Rules Implementing Pacta sunt servanda.
Book V of EO 292]. Compare with Detail.
Rebus sic stantibus principle. The theory
Rebate. The discount or reduction in a claim under which the parties stipulate in the light
made in consideration of prompt payment. of certain prevailing conditions, and once
[Padilla v. CA, GR 105851. Mar. 24, 1993]. these conditions cease to exist, the contract
also ceases to exist. [Natelco v. CA, GR
Rebel. A person who rises in armed resistance 107112 Feb. 24, 1994]. This theory is said
against an established govt. or ruler.
to be the basis of Art. 1267 of the Civil
Rebellion. Also Insurrection. Crim. Law. 1. Code, [which enunciates the doctrine of un-
The felony committed by rising publicly and foreseen events and] which provides: ―When
taking arms against the Govt. for the pur- the service has become so difficult as to be
pose of removing from the allegiance to said manifestly beyond the contemplation of the
Govt. or its laws, the territory of the Phils. or parties, the obligor may also be released
any part thereof, of any body of land, naval therefrom, in whole or in part.‖ [PNCC v. CA,
or other armed forces, depriving the Chief GR 116896. May 5, 1997].
Exec. [Pres.] or the Legislature [Congress,
Rebut. Evidence disproving other evidence
wholly or partially, of any of their powers or previously given or reestablishing the credi-
prerogatives. [Art. 134, RPC, as amended bility of challenged evidence. See Rejoin-
by RA 6968]. 2. The felony committed by ris-
der.
ing publicly and taking up arms against the
Govt. for any of the purposes specified in Rebuttable presumption. An assumption
Art. 134 of the Rev. Penal Code. 3. A crime made by a court, one that is taken to be true
against public order. Rising publicly and tak- unless someone comes forward to contest it
ing arms against the Govt. is the very ele- and prove otherwise. See Prima facie pre-
ment of the crime of rebellion. [Buscayno v. sumption; Disputable presumption.
Military Commissions 1, 2, 6 and 25, GR
Rebuttal. A refutation or contradiction.
58284, Nov. 19, 1981].
Rebuttal evidence. Evidence which is given to
Rebellious. 1. Showing a desire to resist au-
explain, repel, counteract or disprove facts
thority, control, or convention. 2. Engaged in
given in evidence by the adverse party.
opposition or armed resistance to an estab-
[Francisco, Evidence, Vol. VII, Part 1, 1997
lished govt. or ruler.
Ed., p. 8].
Rebus sic stantibus. Lat. At this point of af-
Recall. A procedure for locating a newborn
fairs; In these circumstances; Things re-
with a possible heritable condition for pur-

824
poses of providing the newborn with appro- alized from operations and activities of the
priate laboratory to confirm the diagnosis Govt. or are received by the Govt. in the ex-
and, as appropriate, provide treatment. ercise of its corporate functions, consisting
[Sec. 4, RA 9288]. of charges for services rendered, or for con-
veniences furnished, or the price of a com-
Recall. Admin. Law. 1. A mode of removal of a
modity sold, as well as authorized contribu-
public officer by the people before the end of
tions or aids from other entities, except pro-
his term of office. The people's prerogative
visional advances for budgetary purposes.
to remove a public officer is an incident of
Loans for specific projects or activities shall
their sovereign power and in the absence of
be considered as receipts. [Sec. 14, PD
constitutional restraint, the power is implied
477].
in all governmental operations. Such power
has been held to be indispensable for the Receipts automatically appropriated. Re-
proper administration of public affairs. [Gar- ceipts from grants, donations, insurance
cia v. Comelec, GR 111511. Oct. 5, 1993]. proceeds, and other sources which by law
may be immediately used by the agency
Recall election. A procedure by which voters
without undergoing the usual legislative pro-
can remove an elected official from office
cess.
through a direct vote before his or her term
has ended. Received for shipment bill of lading. One in
which it is stated that the goods have been
Recall, Written petition for. A petition duly
received for shipment with or without speci-
signed before the election registrar or his
fying the vessel by which the goods are to
representative, and in the presence of a rep-
be shipped. Received for shipment bills of
resentative of the petitioner and a repre-
lading are issued whenever conditions are
sentative of the official sought to be recalled
not normal and there is insufficiency of ship-
and, and in a public place in the province,
ping space. [Magellan v. CA, GR 95529.
city, municipality, or barangay, as the case
Aug. 22, 1991]. Compare with On board bill
may be, and filed with the Comelec through
of lading.
its office in the LGU concerned. [Sec. 70 (d)
(1), LGC]. Received the goods in good order and
condition. It means that the goods were in
Recant. 1. To withdraw or repudiate formally
fact delivered to and received as such by
and publicly. 2. To renounce or withdraw a
the person who signed the invoice.
prior statement. [Alonte v. Savellano, GR
131652. Mar. 9, 1998]. Receiver. 1. A representative of the court
appointing him for the purpose of preserving
Recantation. The term usu. applies to a repu-
and conserving the property under receiver-
diation by a complainant or a witness, either
ship and preventing its possible destruction
for the prosecution or the defense, who has
or dissipation, if it goes to the possession of
previously given an extra-judicial statement
another person. [Salientes v. IAC, GR L-
or testimony in court. [People v. del Pilar,
66211. July 14, 1995]. 2. A person appoint-
GR 86360, July 28, 1990].
ed to take charge of the assets of an insol-
Receipt. A written and signed acknowledg- vent bank the liabilities of which have be-
ment that money has been paid or goods come greater than its assets.
have been delivered. A receipt is merely
Receivership. The placement of property, real
presumptive evidence and is not conclusive.
or personal, which is subject of litigation, in
A written acknowledgment that money or a
the possession and control of a receiver ap-
thing of value has been received.
pointed by the Court, who shall conserve it
Receipts. 1. The sum of revenues and gross pending final determination of the title or
borrowings for a given period. 2. Income re-

825
right or possession over it. [Cojuangco, Jr. v. 19313. Jan. 19, 1962]. Compare with Ad-
PCGG, GR 92319-20 Oct. 2, 1990]. journment.
Receiving any gift. The act of accepting di- Recez. The act of a Congress in writing down
rectly or indirectly, a gift from a person other the result of its deliberations on a particular
than a member of his family or relative as subject matter. This is done prior to final ad-
defined in RA 6713, even on the occasion of journment. [Legal Whatchamacallit, A. T.
a family celebration or natl. festivity like Domondon, Oct. 11, 2011].
Christmas, if the value of the gift is neither
Recidivism. Also Reincidencia. Crim. Law. 1.
nominal nor insignificant, or the gift is given
An aggravating circumstance in which the
in anticipation of, or in exchange for, a favor.
offender shall have been previously convict-
[Sec. 3, RA 6713].
ed by final judgment of another crime em-
Receiving homes. Family-type homes which braced in the same title of the Rev. Penal
provides temporary shelter from 10 to 20 Code. [People v. Real, GR 93436. Mar. 24,
days for children who shall during this period 1995]. 2. It involves at least 2 convictions
be under observation and study for eventual and is a form of plurality of crimes like reit-
placement by the DSWD. The number of eracion, habitual delinquency and quasi-
children in a receiving home shall not at any recidivism. [Gregorio, Fund. of Crim. Law
time exceed 9: Provided, That no more than Rev., 1997 9th Ed., p. 133]. 3. The contin-
2 of them shall be under 3 years of age. [Art. ued, habitual or compulsive commission of
117, PD 603]. law violations after first having been con-
victed or prior offenses.
Reception and study center. An institution
that receives for study, diagnosis, and tem- Recidivist. Crim. Law. A person who, at the
porary treatment, children who have behav- time of his trial for one crime, shall have
ioral problems for the purpose of determin- been previously convicted by final judgment
ing the appropriate care for them or recom- of another crime embraced in the same title
mending their permanent treatment or reha- of the Rev. Penal Code. [People v. Kintuan,
bilitation in other child welfare agencies. GR 74100. Dec. 3, 1987; Art. 14, RPC].
[Art. 117, PD 603].
Reciprocal. Given, felt, or done in return.
Recess. 1. As the concept is embraced in the
Reciprocal contract. One in which the parties
phrase "at attendance in the school," it con-
enter into mutual engagements. See Syn-
templates a situation of temporary adjourn-
allagmatic contract.
ment of school activities where the student
still remains within call of his mentor and is Reciprocal obligations. Those obligations
not permitted to leave the school premises, that arise from the same cause, and in
or the area within which the school activity is which each party is a debtor and a creditor
conducted. [Salvosa v. IAC, GR L-70458. of the other, such that the obligation of one
Oct. 5, 1988]. 2. Pol. Law. The intervening is dependent upon the obligation of the oth-
period bet. adjournment of a regular session er. [Presbitero v. CA, GR 102432. Jan. 21,
of 100 days exclusive of Sundays, or of a 1993].
special session which cannot continue long-
er than 30 days, and the convening thereof Reciprocal substitution. Succ. Kind of substi-
in regular session once every year on the tution where the heirs instituted in unequal
4th Monday of [July] or in special session to shares should be reciprocally substituted
and the substitute acquires the share of the
consider general legislation or only such
subjects as he [the Pres. may designate. heir who dies, renounces, or is incapacitat-
And such intervening period refers to the ed, unless it clearly appears that the inten-
tion of the testator was otherwise. If there
same congress that had adjourned and was
to be convened. [Aytona v. Castillo, GR L- are more than one substitute, they shall

826
have the same share in the substitution as gree of intelligence, physical condition, and
in the institution. [Art. 861, CC]. other circumstances regarding persons,
time and place. [Cruz v. CA, GR 122445
Reciprocal wills. Succ. Wills in which the
Nov. 18, 1997].
testators name each other as beneficiaries
under similar testamentary plans. [Jurado, Reckless negligence. It consists of the failure
Comments & Jurisp. on Succ., 1991 8th Ed., to take such precautions or advance
p. 104]. measures in the performance of an act as
the most common prudence would suggest
Reciprocity. The practice of exchanging
whereby injury is caused to persons or to
things with others for mutual benefit, esp.
property. [US v. Nava, GR 991. Dec. 19,
privileges granted by one country or org. to
1902].
another.
Recklessness. A lack of heed or concern for
Reciprocity rule. Intl. Law. A state only has to
consequence; esp., foolishly heedless of
respond to a suit brought against it before
danger; headlong; rash; desperate; not car-
the ICJ to the extent that the state bringing
ing or noting; neglectful; indifferent. [US v.
the suit has also accepted the jurisdiction of
Aligan, GR 18606. Aug. 1, 1922].
the Court.
Reclaimed land. Submerged land which by
Reckless. Characterized by or manifesting
deliberate action of dredging and filling has
lack of caution; rash, utterly heedless.
emerged to the surface. Such land belongs
Reckless driving. The failure to take such to the State. [Peña, Phil. Law on Natural
precaution or advance measures in the per- Resources, 1997 Rev. Ed., p. 86].
formance of an act as the most common
Reclamation. The conversion of wasteland
prudence would suggest, whether injury is
into land suitable for use of habitation or cul-
caused to persons or property.
tivation.
Reckless imprudence. Crim. Law. 1. It con-
Reclassification. The act of specifying how
sists in voluntary, but without malice, doing
agricultural lands shall be utilized for non-
or falling to do an act from which material
agricultural uses such as residential, indus-
damage results by reason of inexcusable
trial, and commercial, as embodied in the
lack of precaution on the part of the person
land use plan, subject to the requirements
performing of failing to perform such act,
and procedures for land use conver-
taking into consideration his employment or
sion. [Alarcon v. CA, GR 152085. July 8,
occupation, degree of intelligence, physical
2003]. Compare with Conversion (2nd def.).
condition and other circumstances regarding
persons, time and place. [Art. 365, RPC]. 2. Reclassification of agricultural land. The act
An act from which injury results, which act, of specifying how agricultural lands shall be
had it been done with malice, would consti- utilized for non-agricultural uses such as,
tute a crime. [US v. Manabat, GR 9700. residential, industrial, commercial, as em-
Dec. 3, 1914]. Also Criminal negligence. bodied in the land use plan, subject to the
requirements and procedure for land use
Reckless imprudence. Crim. Law. Elements:
conversion, undertaken by an LGU in ac-
(a) That the offender does or fails to do an
cordance with Sec. 20 of RA 7160 and Joint
act; (b) that the doing or the failure to do
HLURB, DAR, DA, and DILG MC-54-1995.
that act is voluntary; (c) that it be without
It also includes the reversion of non-
malice; (d) that material damage results
agricultural lands to agricultural use. [Sec.
from the reckless imprudence; and (e) that
2.19, DAR AO 01-02].
there is inexcusable lack of precaution on
the part of the offender, taking into consid- Reclassification or Reallocation. A change
eration his employment or occupation, de- in the classification of a position either as a

827
result of a change in its duties and respon- ognize and enforce a judgment rendered by
sibilities sufficient to warrant placing the po- a foreign court or an arbitral award rendered
sition in a different class, or as result of a by a foreign arbitral tribunal.
reevaluation of a position without a signifi-
Recognition of government. Intl. Law. The
cant change in duties and responsibilities.
free act by which one or several states
[Sec. 3, PD 985].
acknowledge that a person or a group of
Reclusion perpetua. Crim. Law. From Sp. persons is capable of binding the state
Reclusio perpetua which means ―Permanent which they claim to represent and witness
imprisonment.‖ 1. The penalty whereby any their intention to enter into relations with
person sentenced to any of the perpetual them. [Sandoval, Pol. Law Reviewer 2003].
penalties shall be pardoned after undergo-
Recognition of states. Intl. Law. Under the
ing the penalty for 30 years, unless such
minority view (or constitutive school), recog-
person by reason of his conduct or some
nition is the act which constitutes the entity
other serious cause shall be considered by
into an intl. person. Such recognition is
the Chief Exec. as unworthy of pardon. [Art.
compulsory and legal; it may be compelled
27, RPC]. 2. It entails imprisonment for at
once the elements of a state are estab-
least 30 years after which the convict be-
lished. Under the majority view (or declara-
comes eligible for pardon, it also carries with
tory school), recognition merely affirms an
it accessory penalties, namely; perpetual
existing fact, like possession by the state of
special disqualification, etc. It is not the
the essential elements. It is discretionary
same as "life imprisonment." [People v. Ba-
and political. [Sandoval, Pol. Law Reviewer
guio, GR 76585. Apr. 30, 1991].
2003].
Reclusion temporal. Crim. Law. The penalty
Recognizance. 1. An obligation of record,
shall be from 12 years and 1 day to 20 years
entered into before some court or magistrate
[of imprisonment]. [Art. 27, RPC].
duly authorized to take it, with the condition
Recognition. Civ. Law. The process of declar- to do some particular act, the most usual
ing legally that a certain person is one‘s own condition in criminal cases being the ap-
child. pearance of the accused for trial. [People v.
Abner,. GR L-2508 Oct. 27, 1950]. 2. An
Recognition. Intl. Law. 1. The act by which a
undertaking in lieu of a bond, assumed by a
state acknowledges the existence of another
mother or father, or appropriate guardian or
state, a govt. or a belligerent community,
custodian, or in their absence, the nearest
and indicates its willingness to deal with the
relative, or any responsible member of the
entity as such under intl. law. [Sandoval,
community to assume custody of a child in
Pol. Law Reviewer 2003]. 2. Formal
conflict with the law and be responsible for
acknowledgement or acceptance by a govt.
the appearance of the child in court when-
of the independence and sovereignty of a
ever required during the pendency of the
newly created state or of a newly estab-
case. [Sec. 4, RA 9344; Rule on Juveniles in
lished govt. in another state, esp. one estab-
lished by revolution.
24, 2009].
Recognition of belligerency. Intl. Law. The
Recommend. To present one's advice or
formal acknowledgment by a 3rd party of the
choice as having one's approval or to repre-
existence of a state of war bet. the central
sent or urge as advisable or expedient. It in-
govt. and a portion of that state. [Sandoval,
volves the idea that another has the final
Pol. Law Reviewer 2003].
decision. [Sinon v. CSC, GR 101251. Nov.
Recognition of foreign judgments. In conflict 5, 1992]. Compare with Assist.
of laws, the rules and principles applied by
courts in determining whether or not to rec-

828
Recommended Dietary Allowances (RDA). its orig. form and condition. [Vda. de Ancia-
Levels of nutrient intakes which are consid- no v. Caballes, GR L-5040. Sep. 29, 1953].
ered adequate to maintain health and pro- The purpose of the reconstitution of any
vide reasonable levels or reserves in body document, book or record is to have the
tissues of nearly all health persons in the same reproduced, after observing the pro-
population. [Sec. 3, RA 8976]. cedure prescribed by law, in the same form
they were when the loss or destruction oc-
Reconciliation of Listing for Enforcement
curred. [Bunagan v. Branch VI, CFI of Cebu,
(RELIEF). It supports the 3rd party infor-
GR L-29073. Apr. 18, 1980].
mation program of the BIR through the cross
referencing of 3rd party information from the Reconstitution of a certificate of title. Req-
taxpayers' Summary Lists of Sales and Pur- uisites: (a) That the certificate of title had
chases prescribed to be submitted on a been lost or destroyed; (b) that the docu-
quarterly basis. ments presented by petitioner are sufficient
and proper to warrant reconstitution of the
Reconstitution. 1. [An action the nature of
lost or destroyed certificate of title; (c) that
which] denotes a restoration of the instru-
the petitioner is the registered owner of the
ment which is supposed to have been lost or
property or had an interest therein; (d) that
destroyed in its orig. form and condition. The
the certificate of title was in force at the time
purpose of the action is merely to have the
it was lost and destroyed; and (e) that the
same reproduced, after proper proceedings,
description, area and boundaries of the
in the same form they were when the loss or
property are substantially the same as those
destruction occurred, and does not pass up-
contained in the lost or destroyed certificate
on the ownership of the land covered by the
of title. [Rep. v. Tuastumban, GR 173210,
lost or destroyed title. [Tuazon v. CA, GR
Apr. 24, 2009].
125758, Jan. 20, 2004]. 2. The restoration of
the instrument or title allegedly lost or de- Reconstitution of Torrens Certificates of
stroyed in its orig. form and condition. [An- Title Law. RA 26 entitled ―An Act providing
ciano v. Caballes, GR L-5040, Sep. 29, a special procedure for the reconstitution of
1953, 93 Phil 876]. torrens certificates of title lost or destroyed‖
enacted on Sep. 25, 1946.
Reconstitution. Requisites for an order for
reconstitution to issue: (a) That the certifi- Reconstruction of a certificate of title. It
cate of title had been lost or destroyed; (b) denotes restoration in the original form and
that the documents presented by petitioner condition of a lost or destroyed instrument
are sufficient and proper to warrant reconsti- attesting the title of a person to a piece of
tution of the lost or destroyed certificate of land. The purpose of the reconstitution of ti-
title; (c) that the petitioner is the registered tle is to have, after observing the procedures
owner of the property or had an interest prescribed by law, the title reproduced in
therein; (d) that the certificate of title was in exactly the same way it has been when the
force at the time it was lost and destroyed; loss or destruction occurred. [Lee v. Rep.,
and (e) that the description, area and GR 128195, 3 Oct. 2001]. See also Recon-
boundaries of the property are substantially stitution of a certificate of title.
the same as those contained in the lost or
Reconvencion. Sp. Another term for Re-
destroyed certificate of title. [Rep. v. Tu-
coupment. 1. Cutting back of the plaintiff‘s
astumban, GR 173210, Apr. 24, 2009].
claim by the defendant. It thus implies an
Reconstitution of a certificate of title. Also admission of the plaintiff‘s claim. [Korea Ex-
Reconstruction of a certificate of title. change Bank v. Gonzales, GR 142286-87.
Within the meaning of RA 26, the term de- Apr. 15, 2005]. 2. The act of rebating or re-
notes restoration of the instrument which is couping a part of a claim upon which one is
supposed to have been lost or destroyed in sued by means of a legal or equitable right

829
resulting from a counterclaim arising out of duced; or (c) By means of any recording de-
the same transaction. [Lopez v. Gloria, GR vice or process, computer or other electronic
L-13846 Aug. 30, 1919]. device or process. [Sec. 4, RA 9470].
Reconveyance. The transfer of the property, Records center. An intermediate repository in
[or] the title thereto, which has been wrong- which noncurrent records of various govt. of-
fully or erroneously registered in another fices are stored until they can be destroyed
person's name, to its rightful and legal own- or transferred to the Natl. Archives. [Sec. 4,
er, or to one with a better right. [Amerol v. RA 9470].
Bagumbaran, GR L-33261, 30 Sep. 1987].
Records management. The managerial activi-
Reconveyance, Action for. A legal remedy ties involved with respect to records crea-
granted to a rightful owner of land wrongfully tion, records maintenance and use, trans-
or erroneously registered in the name of an- mission, retention and records disposition in
other to compel the latter to reconvey the order to achieve adequate and proper doc-
land to him. [Esconde v. Barlongay, GR L- umentation of policies and transactions of
67583 July 31, 1987]. govt. for its efficient, effective and economi-
cal operation. [Sec. 4, RA 9470].
Reconveyance of land. Requisites: (a) The
action must be brought in the name of a Recoup. 1. To return as an equivalent for;
person claiming ownership or dominical right reimburse. 2. To deduct or withhold (part of
over the land registered in the name of the something due) for an equitable reason.
defendant; (b) the registration of the land in
Recoupment. Cutting back of the plaintiff‘s
the name of the defendant was procured
claim by the defendant. It thus implies an
through fraud or other illegal means; (c) the
admission of the plaintiff‘s claim. [Korea Ex-
property has not yet passed to an innocent
change Bank v. Gonzales, GR 142286-87.
purchaser for value; and (d) the action is
Apr. 15, 2005]. Also known in Sp. As Re-
filed after the certificate of title had already
convencion.
become final and incontrovertible but within
four years from the discovery of the fraud, or Recoupment. Requisites that must concur to
not later than 10 years in the case of an imbe considered as a counterclaim: (a) the
plied trust. [New Regent v. Tanjuatco, GR same be essentially a genuine action of the
168800, Apr. 16, 2009]. defendant against the plaintiff; (b) the same
should have as its object to neutralize, whol-
Record. 1. All the documents and evidence
ly or partially, that which the plaintiff is trying
plus transcripts of oral proceedings in a
to obtain; (c) the same does not have for its
case. 2. An information written on a tangible
object to destroy directly the action of the
medium or stored in an electronic or other
plaintiff; and (d) the same ought not to pray
similar medium, retrievable form. [Sec. 3,
for a positive remedy distinct from the pay-
RA 9285].
ment of money. [Lopez v. Gloria, GR L-
Record on appeal. Civ. Pro. The portion of 13846 Aug. 30, 1919].
the record of a court of limited jurisdiction
Re-cross-examination. Evid. The re-cross
necessary to allow a superior court to review
examination of the witness by the adverse
the case. Compare with Notice of appeal.
party, upon the conclusion of the re-direct
Records. Information, whether in its orig. form examination, on matters stated in the re-
or otherwise, incl. documents, signatures, direct examination, and also on such other
seals, texts, images, sounds, speeches, or matters as may be allowed by the court in its
data compiled, recorded, or stored, as the discretion. [Sec. 8, Rule 132, RoC]. Com-
case may be: (a) In written form on any ma- pare with Re-direct examination.
terial; (b) On film, negative, tape or other
medium so as to be capable of being repro-

830
Recruitment. Labor. Any act of canvassing, a red crescent moon on, and completely
enlisting, contracting, transporting, utilizing, surrounded by, a white background, as illus-
hiring or procuring workers, and includes re- trated in Art. 4, Chap. IV of Annex I of Pro-
ferrals, contract services, promising or ad- tocol I to the Geneva Conventions. [Sec. 3,
vertising for employment, locally or abroad, RA 10530].
whether for profit or not. [People v. Turda,
Red Cross. When used to signify a heraldic
GR 97044-46. July 6, 1994].
emblem, [it] means an emblem depicting a
Recruitment and placement. Labor. Any act red cross with branches of equal length on,
of canvassing, enlisting, contracting, trans- and completely surrounded by, a white
porting, utilizing, hiring or procuring workers, background, formed by reversing the colors
and includes referrals, contract services, of the Swiss Confederation, as illustrated in
promising or advertising for employment, lo- Art. 4, Chap. IV of Annex I of the Additional
cally or abroad, whether for profit or not: Protocol I to the Geneva Conventions. [Sec.
Provided, That any person or entity which, in 3, RA 10530].
any manner, offers or promises for a free
Red Cross and Other Emblems Act of 2013,
employment to 2 or more persons shall be
The. RA 10530 entitled ―An Act Defining the
deemed engaged in recruitment and place-
Use and Protection of the Red Cross, Red
ment. [Art. 13, LC].
Crescent, and Red Crystal Emblems,
Rectifier. Every person who rectifies, purifies, Providing Penalties for Violations Thereof
or refines distilled spirits or wines by any and for Other Purposes‖ enacted on May 7,
process other than by orig. and continuous 2013.
distillation from mash, wort, wash, sap, or
Red Crystal. When used to signify a heraldic
syrup through continuous closed vessels
emblem, [it] means any emblem depicting a
and pipes until the manufacture thereof is
red frame in the shape of a square on edge,
complete. [Sec. 1, PD 426].
and completely surrounded by, a white
Recto Law. Act 4122, now Art. 1484 of the background, as illustrated in Additional Pro-
Civ. Code, which provides: "In a contract of tocol III to the Geneva Conventions. [Sec. 3,
sale of personal property the price of which RA 10530].Reddendo singula singulis.
is payable in installments, the vendor may Lat. Referring each to each. Referring each
exercise any of the following remedies: (a) phrase or expression to its appropriate ob-
Exact fulfillment of the obligation, should the ject. Let each be put in its proper place, that
vendee fail to pay; (b) cancel the sale, is, the words should be taken distributively.
should the vendee's failure to pay cover 2 or [People v. Tamani, GR L-22160 & L-22161.
more installments; (c) foreclose the chattel Jan. 21, 1974].
mortgage on the thing sold, if one has been
Reddendum. Lat. 1. [The reservation of] the
constituted, should the vendee's failure to
―right, ownership, possession, and admin-
pay cover 2 or more installments. In this
istration of the property [which] in the con-
case, he shall have no further action against
text of an irrevocable donation simply
the purchaser to recover any unpaid bal-
means that the donors parted with their na-
ance of the price. Any agreement to the con-
ked title, maintaining only beneficial owner-
trary shall be void.‖ [Dela Cruz v. Asian
ship of the donated property while they
Consumer, GR 94828. Sep. 18, 1992].
lived. [Del Rosario v. Ferrer, GR 187056.
Recuse. The process by which a judge is dis- Sep. 20, 2010]. 2. A clause in a deed by
qualified from hearing a case, on his own which some new thing is reserved out of
motion or upon the objection of either party. what had been granted before; the clause
by which rent is reserved in a lease.
Red Crescent, When used to signify a heral-
dic emblem, [it] means an emblem depicting

831
Redeem. To buy back, as when an owner who Redemptioner. A creditor having a lien by
had mortgaged his/her real property pays off attachment, judgment or mortgage on the
the debt. The term also refers to paying the property sold, or on some part thereof, sub-
amount due and all charges after a foreclo- sequent to the judgment under which the
sure (due to failure to make payments when property was sold. [Medida v. CA, GR
due) has begun. 98334. May 8, 1992].
Redeemable bonds. Corp. Law. Bonds which Redhibition. The nullification of a sale bec. of
give the issuer the right to pay off the bonds a defect in the article sold of such nature as
even before maturity. [Diaz, Bus. Law Rev., to make it totally or virtually unusable or as
1991 Ed., p. 269]. to have prevented the purchase if known to
the buyer.
Redeemable security. Any security, other
than short-term paper, under the terms of Redhibitory. Of or pertaining to redhibition.
which the holder, upon its presentation to
Redhibitory action. An action to withdraw
the issuer or to a person designated by the
from the contract, with damages. [Art. 1567,
issuer, is entitled to receive approximately
CC].
his proportionate share of the issuer's cur-
rent net assets, or the cash equivalent Redhibitory defect. An imperfection or defect
thereof. [Sec. 3, RA 2629]. of such nature as to engender a certain de-
gree of importance. An imperfection or de-
Redeemable shares. Corp. Law. Shares
fect of little consequence does not come
which may be issued by the corp. when ex-
within the category of being redhibitory.
pressly so provided in the AOI. They may be
[Moles v. IAC, GR 73913. Jan. 31, 1989].
purchased or taken up by the corp. upon the
expiration of a fixed period, regardless of the Re-direct examination. Evid. 1. The re-
existence of unrestricted retained earnings examination of the witness by the party call-
in the books of the corp., and upon such ing him, after the cross-examination has
other terms and conditions as may be stated been concluded, to explain or supplement
in the AOI, which terms and conditions must his answers given during the cross-
also be stated in the certificate of stock rep- examination. [Sec. 7, Rule 132, RoC]. 2.
resenting said shares. [Sec. 8, Corp. Code]. Opportunity to present rebuttal evidence af-
ter one's evidence has been subjected to
Redemption. Buying back. When a vendor
cross-examination. Compare with Re-cross
later buys the property back. A right of re-
examination.
demption gives the vendor the right to buy
back the property. See Right of redemp- Redistribution. The reallocation of lands to
tion and Equity of redemption. farmers and regular farm workers who are
landless, irrespective of tenurial status.
Redemption amount. The amount the judg-
ment debtor or his successor-in-interest Redress. To set right; to remedy; to compen-
needs to pay the purchaser at the public sate; to remove the causes of a grievance.
auction sale in order to effect redemption
Reductio ad absurdum. Lat. Reduction to
[which amount is] composed of: (a) the price
which the purchaser at the public auction absurdity. A common form of argument
sale paid for the property and (b) the which seeks to demonstrate that a state-
amount of any assessment or taxes which ment is true by showing that a false, unten-
the purchaser may have paid on the proper- able, or absurd result follows from its denial.
[Used in DBP v. COA, GR 88435. Jan. 16,
ty after the purchase, plus the applicable in-
terest. [Metropolitan Bank and Trust Co. v. 2002]. Also Reduction ad absurdum.
Tan, GR 178449, 17 Oct. 2008]. Reduction in price. Remedy that allows a
buyer to pay less for non-conforming goods

832
in those cases where the buyer is not enti- Refer. 1. To mention or allude to. 2. To direct
tled to damages. the attention of someone to.
Redundancy. Labor. It exists where the ser- Refer to drawer. A banking phrase indicating
vices of an employee are in excess of what that there was no deposit or arrangement
is reasonably demanded by the actual re- with the bank for the payment of the dishon-
quirements of the enterprise. [Almodiel v. ored check.
NLRC, GR 100641. June 14, 1993].
Referee. Rem. Law. A person to whom the
Redundancy program. Labor. Requisites for court refers a pending case to take testimo-
a valid implementation: (a) Written notice ny, hear the parties, and report back to the
served on both the employee and the DOLE court. A referee is an officer with judicial
at least one month prior to the intended date powers who serves as an arm of the
of termination; (b) payment of separation court. Also called Commissioner.
pay equivalent to at least one month pay or
Referee in case of need. Nego. Inst. A person
at least one month pay for every year of
whose name is inserted by the drawer on
service, whichever is higher; (c) good faith in
the bill, to whom the holder may resort in
abolishing the redundant position; and (4)
case the bill is dishonored by non-
fair and reasonable criteria in ascertaining
acceptance or non-payment. [[Diaz, Bus.
what positions are to be declared redundant.
Law Rev., 1991 Ed., p. 366].
[Asian Alcohol Corp. v. NLRC, GR 131108.
Mar. 25, 1999]. Referee. Also Sentenciador. A person who
watches and oversees the proper gaffing of
Redundant. No longer needed or useful; su-
fighting cocks, determines the physical con-
perfluous.
dition of fighting cocks while cockfighting is
Redundant position. Labor. One rendered in progress, the injuries sustained by the
superfluous by any number of factors, such cocks and their capability to continue
as overhiring of workers, decreased volume fighting and decides and make known his
of business, dropping of a particular product decision by work or gestures and result of
line previously manufactured by the compa- the cockfight by announcing the winner or
ny or phasing out of a service activity for- declaring a tie or no contest game. [Sec. 4,
merly undertaken by the enterprise. [Wilt- PD 449].
shire File Co., Inc. v. NLRC, GR 82249,
Referendum. Pol. Law. 1. The power of the
Feb. 7, 1991].
electorate to approve or reject a legislation
Re-enact. To bring (a law) into effect again through an election called for the purpose. It
when the orig. statute has been repealed. may be of 2 classes, namely: (a) Referen-
dum on statutes which refers to a petition to
Re-enactment rule. A principle of stat. con.
approve or reject an act or law, or part
that where a statute is susceptible of the
thereof, passed by Congress; and (b) refer-
meaning placed upon it by a ruling of the
endum on local law which refers to a petition
govt. agency charged with its enforcement
to approve or reject a law, resolution or or-
and the legislature thereafter re-enacts the
dinance enacted by regional assemblies and
provisions without substantial change, such
local legislative bodies. [Sec. 3, RA 6735]. 2.
action is to some extent confirmatory that
The right reserved to the people to adopt or
the ruling carries out the legislative purpose.
reject any act or measure which has been
[Howden and Co., Ltd. v. Coll. of Int. Rev.,
passed by a legislative body and which in
GR L-19392 Apr. 14, 1965].
most cases would without action on the part
Re-export permit. A permit authorizing an of electors become a law. [Cruz, Phil. Pol.
individual to bring out of the country a previ- Law, 1991 Ed., p. 169]. Compare with Pleb-
ous imported wildlife. [Sec. 5, RA 9147]. iscite.

833
Referral. Labor. The act of passing along or Reformation. Civ. Law. That remedy in equity
forwarding of an applicant for employment by means of which a written instrument is
after an initial interview of a selected appli- made or construed so as to express or con-
cant for employment to a selected employer, form to the real intention of the parties. [NIA
placement officer or bureau. [People v. v. Gamit, GR 85869. Nov. 6, 1992].
Goce, GR 113161 Aug. 29, 1995].
Reformation. Spcl. Law. The rehabilitation
Referral selling. The sales device employed component of the BuCor‘s present correc-
by the sellers wherein the buyer is induced tions system, [and] shall refer to the acts
to acquire goods or services by representing which ensure the public [incl. families of in-
that after the acquisition of the goods or ser- mates and their victims] that released natl.
vices, he will receive a rebate, commission inmates are no longer harmful to the com-
or other benefit in return for the submission munity by becoming reformed individuals
of names of potential customers or other- prepared to live a normal and productive life
wise helping the seller enter into other sales, upon reintegration to the mainstream socie-
if the receipt of such benefit is contingent on ty. [Sec. 3, RA 10575].
an event occurring after the sale is made.
Reformation of a contract. Civ. Law. As
[Art. 4, RA 7394].
enumerated in Art. 1359 of the Civ. Code, its
Refined gold. Gold that has been purified to requisites are: (a) There must have been a
the fineness acceptable to the Central Bank meeting of the minds to a contract; (b) the
(now Bangko Sentral). [Sec. 1, RA 6364]. instrument or document evidencing the con-
tract does not express the true intention of
Refinery. An industrial installation where a
the parties; and (c) the failure of the instru-
substance is refined.
ment to express the true intention of the par-
Refining. 1. A process where impurities and/or ties must be due to mistake, fraud inequita-
deleterious materials are removed from a ble conduct or accident. [Mata v. CA, GR
mixture in order to produce a pure element 87880, Apr. 7, 1992].
of compound. it shall also refer to partial dis-
Reformation of instruments. Civ. Law. That
tillation and electrolysis. [Sec. 3, PD 1185;
remedy in equity by means of which a writ-
Sec. 3, RA 9514]. 2. The processing or
ten instrument is made or construed so as to
treating of petroleum by chemical or physi-
express or conform to the real intention of
cal means for the purpose of making or
the parties when some error or mistake has
separating marketable products; not incl.,
been committed. [Veluz v. Veluz, GR L-
however, such operations, separate from
23261. July 31, 1968].
the foregoing, as gas compression, removal
of noxious gases, crude oil stabilization or Reformation of instruments. Civ. Law. Req-
treatment for emulsion, or any other opera- uisites: (a) There is a valid contract; (b) the
tion which has as its principal aim the avoid- contract is in writing; and (c) the written con-
ance of hazard or loss, or which is incidental tract did not express the true intention of the
to production or to transportation. [Sec. 74, parties due to mistake, fraud, inequitable
RA 387]. conduct or accident [Art. 1359, CC].
Refining concession. A concession which Refresher. Process of further training in work
grants to the concessionaire the right to currently performed in order to improve job
manufacture or refine petroleum, or to ex- performance. This also refers to training to
tract its derivatives. [Art. 10, RA 387]. regain skills and knowledge which may have
been partly forgotten as a result of length in-
Reforestation. The act of planting trees on
terruptions in the performance of an occupa-
bare or open land which is used to be cov-
tion. [Sec. 1, Rule 1, Book 2, IRR of LC].
ered with forest growth.

834
Refrigerating and cold storage plants. 1. A employee was entitled to receive from [his]
set of refrigerating machinery housed in a employer under existing laws, collective
building with cold storage compartments, for bargaining agreement provisions, and com-
making ice and freezing and storing fish and pany practices. However, if the employee
fishery or aquatic products exclusively for was reinstated to work during the pendency
the fishery industry. [Sec. 3, PD 704]. 2. A of the appeal, then the employee is entitled
set of refrigerating machineries housed in a to the compensation received for actual ser-
building with cold storage fish and other per- vices rendered without need of refund. X x
ishable commodities. [Sec. 3, PD 43]. x. The Court resolved the impasse by reaf-
firming the principle earlier enunciated in Air
Refrigeration equipment. Gas, solar or elec-
Phil. Corp. v. Zamora, GR 148247, Aug. 7,
trically operated machines for the control of
2006 that an employee cannot be compelled
medium and low temperature such as con-
to reimburse the salaries and wages he re-
ventional and frost-free household and
ceived during the pendency of his appeal,
commercial refrigerators and freezers; bev-
notwithstanding the reversal by the NLRC of
erage coolers, water coolers, ice cream, ice
the LA's order of reinstatement.‖ [College of
drop and ice cube making machines and
Immaculate Concepcion v. NLRC, GR
vendo machines; cold storage, brine tanks,
167563. Mar. 22, 2010].
brine and storage coils; sealed, semi-seal
and open type refrigeration compressors. Refusal of assistance. Crim. Law. The felony
[Sec. 1, PD 1572]. committed by a public officer who, upon
demand from competent authority, shall fail
Refuge. A condition of being safe or sheltered
to lend his cooperation towards the admin-
from pursuit, danger, or trouble.
istration of justice or other public service, if
Refugee. Intl. Law. Any person who is outside such failure shall result in serious damage to
the country of his nationality, or if he has no the public interest, or to a 3rd party. [Art.
nationality, the country of his former habitual 233, RPC].
residence, bec. he has had or had well-
Refusal to discharge elective office. Crim.
grounded fear of persecution by reason of
his race, religion, nationality or political opin-
who, having been elected by popular elec-
ion and is unable or, bec. of such fear, is
tion to a public office, shall refuse without
unwilling to avail himself of the protection of
legal motive to be sworn in or to discharge
the govt. of the country of his nationality, or,
the duties of said office. [Art. 234, RPC].
if he has no nationality, to return to the
country of his former habitual residence. Refuse. 1. Garbage, waste, wood residues,
[Sandoval, Pol. Law Reviewer 2003]. sand, lime cinders ashes, offal, nightsoil, tar,
dye staffs, acids, chemicals and substances
Refund. A repayment of a sum of money,
other than sewage and industrial wastes
typically to a dissatisfied customer.
that may cause pollution. [Sec. 3, PD 979].
Refund doctrine. Labor. The doctrine errone- 2. An inclusive term for all solid waste prod-
ously espoused in Genuino v. NLRC [GR ucts consisting of garbage, rubbish, ashes,
142732-33. Dec. 4, 2007] which states: ―If night soil, manure, dead animals, street
the decision of the labor arbiter is later re- sweepings and industrial wastes. [Sec. 81,
versed on appeal upon the finding that the PD 856].
ground for dismissal is valid, then the em-
Refusing to act within a reasonable time on
ployer has the right to require the dismissed
any matter before public officer for some
employee on payroll reinstatement to refund
pecuniary or material benefit. The ele-
the salaries [he] received while the case
ments of Sec. 3(f) of the Anti-Graft and Cor-
was pending appeal, or it can be deducted
rupt Practices (RA 3019) are that: (a) The
from the accrued benefits that the dismissed
offender is a public officer; (b) the said of-

835
ficer has neglected or has refused to act Region of war. Intl. Law. The place where the
without sufficient justification after due de- belligerents may lawfully engage each other,
mand or request has been made on him; (c) as distinguished from the theater of war.
reasonable time has elapsed from such de- [Cruz, Intl. Law Reviewer, 1996 Ed., pp.
mand or request without the public officer 138-139].
having acted on the matter pending before
Regional exhaustion. The concept under
him; and (d) such failure to so act is for the
which the first sale of the intel. prop. pro-
purpose of obtaining, directly or indirectly,
tected product by the intel. prop. owner or
from any person interested in the matter
with his consent exhausts any intel. prop.
some pecuniary or material benefit or ad-
rights over these given products not only
vantage in favor of an interested party, or
domestically but within the whole region and
discriminating against another. [Coronado v.
parallel imports within the region can no
Sandiganbayan, GR 94955. Aug. 18, 1993].
longer be opposed based on the intel. prop.
Regalian doctrine. The doctrine that all lands right.
of the public domain belong to the State,
Regional Health Research Systems. The
and that the State is the source of any as-
regional health research consortia or com-
serted right to ownership in land and
munities in all the regions of the country
charged with the conservation of such pat-
which mirror the PNHRS framework at the
rimony. The doctrine under which all lands
regional level. [Sec. 3, RA 10532].
not otherwise appearing to be clearly within
private ownership are presumed to belong Regional language. The lingua franca or the
to the State. Hence, a positive act of the commonly spoken language of a region.
govt. is needed to declassify a forest land in- [Sec. 3, RA 7104].
to alienable or disposable land for agricul-
tural or other purposes. [Dir. of Lands v. Regional or Native language. The traditional
speech variety or variety of Filipino sign lan-
Aquino, GR. 31688 De. 17, 1990]. See Jura
regalia. guage existing in a region, area or place.
[Sec. 4, RA 10533].
Regalian theory. A doctrine that states that all
lands in the Phils. are presumed to belong Regional party. A party the constituency of
to the govt., and anyone who claims owner- which is spread over the geographical terri-
tory of at least a majority of the cities and
ship or title to a land must positively estab-
lish that he acquired the same by any of the provinces comprising the region. [Sec. 3, RA
modes allowed by law, or that he and his 7941].
predecessors-in-interest have been in pos- Register. 1. N. A formal or official recording of
session of the land since time immemorial. items, names, or actions. 2. V. To record or
Regime. 1. A govt., esp. an authoritarian one. annotate; to enter in a register; to record
2. A system or planned way of doing things, formally and distinctly; to enroll; to enter in a
esp. one imposed from above. list. [Po Sun Tun v. Price, GR L-31346 Dec.
28, 1929].
Regime of Islands. The baseline in the follow-
ing areas: a) The Kalayaan Island Group as Register of Deeds. 1. A public depository of
constituted under PD 1596; and b) Bajo de records of public documents affecting the ti-
Masinloc, also known as Scarborough tle to lands in the province or in the city
Shoal, over which the Phils. exercises sov- where the lands are located. [Tolentino, Civ.
Code of the Phils., Vol. II, Repr. 2001, p.
ereignty and jurisdiction [which shall be de-
termined as such] under the Rep. of the 436]. 2. The office where the inscription or
Phils. consistent with Art. 121 of the UN- annotation of acts and contracts relating to
ownership and other rights over real proper-
CLOS. [Sec. 2, RA 9522].

836
ty are recorded. [Torres, Oblig. & Cont., "Reg. Phil. Pat. Off." or the letter "R" en-
2000 Ed., p. 354]. closed within a circle. [RA 166].
Registered. Entered or recorded in an official Registered RE Developer. A Renewable
list. Energy (RE) Developer duly registered with
the DOE. [Sec. 4, RA 9513].
Registered bond. Corp. Law. One which is
payable only to the person whose name ap- Registered Social Workers. A graduate of
pears on the face of the bond certificate and Bachelor of Science in Social Work or Mas-
in the bond register of the company; hence, ter's Degree in Social Work and who has
it is not negotiable. It is, however, transfera- passed the social work licensure examina-
ble, and the transfer of a registered bond is tion. [Sec. 3, RA 9432].
possible only by recording the transfer on
Registered tourism enterprise. A person,
the transfer books of the company and reg-
corp., partnership or other entity organized
istering the name of the new owner, [Martin,
and existing under the Phil. Consti. regis-
Commentaries and Jurisp. on Comml. Laws,
tered with the Phil. Tourism Authority in ac-
Vol. 1, 1988 Rev. Ed., p. 69].
cordance with and as defined by PD 535,
Registered enterprises. Any individual, part- and engaged in or proposing to engage in
nership, coop., corp. or other entity incorpo- rendering services to foreign tourists and
rated and/or organized and existing under travelers covered by the Tourism Priorities
Phil. laws; and registered with the Board of Plan and subject to the guidelines prepared
Investments. [Art. 11, EO 226 (1987)]. by the DOT. [Sec. 38, PD 564; Sec. 1, PD
534].
Registered export producer. Any person,
corp., partnership, or other entity doing Registered voter. Elec. Law. One who is duly
business in the Phils., (a) registered with registered in the list of voters bec. he pos-
Phil. Export Councils; (b) engaged in the sesses the qualifications for suffrage. [Sua-
manufacture, production or processing of ar- rez, Pol. Law Reviewer, 1st Ed., 2002, p.
ticles or products for export in commercial 309].
quantity; and (c) directly exporting its prod-
Registration. 1. Any entry made in the books
ucts, or selling them: (a) to a registered ex-
of the registry, incl. both registration in its
port trader that subsequently exports the
ordinary and strict sense, and cancellation,
said products, or (b) to another export pro-
annotation, and even the marginal notes. In
ducer who utilizes said products as direct
strict acceptation, it pertains to the entry
materials or input in product subsequently
made in the registry which records solemnly
manufactured or processed by them and
and permanently the right of ownership and
thereafter exported or (c) to foreign tourists,
other real rights. [Po Sun Tun v. Price, GR
when paid for in acceptable foreign currency
L-31346 Dec. 28, 1929]. 2. A ministerial act
and actually brought out of the Phils. by the
by which a deed, contract, or instrument is
buyers upon their departure. [Sec. 187,
sought to be inscribed in the records of the
NIRC, as amended].
Office of the Register of Deeds and anno-
Registered export trader. Any person, corp., tated at the back of the Certificate of title
partnership or other entity doing business in covering the land subject of the deed, con-
the Phils. (a) registered with the Phil. Export tract or instrument. Its purpose is to give no-
Council; and (b) who is engaged in the buy- tice thereof to all persons (Sec. 51, Act 496)
ing of Phil.-made products and subsequently and does not declare that the recorded in-
exporting the same. [Sec. 187, NIRC, as strument is a valid and subsisting interest in
amended]. the land. This is so bec. the effect or validity
of the instrument can only be determined in
Registered mark. Trademark with the words
an ordinary case before the courts, not be-
"Registered in the Phils. Patent Office" or

837
fore a court acting merely as a registration Registry of property. An institution of the
court which has no jurisdiction over the State which publishes the juridical situation
same. [Seton v. Rodriguez, GR L-16285. and vicissitudes of real properties and real
Dec. 29, 1960]. 3. The process of approval rights therein, showing thereby the acts rela-
of an application to register health products tive to said properties. [Tolentino, Civ. Code
prior to engaging in the manufacture, impor- of the Phils., Vol. II, Repr. 2001, p. 449].
tation, exportation, sale, offer for sale, distri-
Reglementary. Regulative.
bution, transfer, and where applicable, the
use, testing, promotion, advertisement, Regressive. Becoming less advanced; return-
and/or sponsorship of health products. [Sec. ing to a former or less developed state.
9, RA 9711].
Regressive tax. Tax the rate of which de-
Registration of agreement. Labor. The filing creases as the tax base or bracket increas-
of the collective bargaining agreement with es. (There is no such tax in the Phils.) [De
the Regional Office or the Bu. of Labor Rela- Leon, Fundamentals of Taxation, 2000 Ed.,
tions accompanied by verified proof of post- p. 15].
ing and ratification and payment of fee.
[Sec. 1, Rule 1, Book 5, IRR of LC]. Regular. Steady or uniform in course, practice,
or occurrence, as opposed to casual or oc-
Registration of cooperative. The operative casional. [Rep. v. Asuncion, GR 108208.
act granting juridical personality to a pro- Mar. 11, 1994 1285 (6th Ed., 1990)].
posed coop. and is evidenced by a certifi-
cate of registration. [Sec. 1, RA 9520]. Regular appointment. An appointment made
by the Pres. while Congress is in session. It
Registration of title, Application for. Requi- takes effect only after confirmation by the
sites: (a) That the property in question is al- Commission on Appointments. Once the
ienable and disposable land of the public same is approved, it continues until the end
domain; (b) that the applicant by himself or of the term of the appointee. [Suarez, Pol.
through his predecessors-in-interest have Law Reviewer, 1st Ed., 2002, p. 393]. Com-
been in open, continuous, exclusive and no- pare with Ad interim appointment.
torious possession and occupation; and (c)
that such possession is under a bona fide Regular employee. Labor. An employee who
claim of ownership since 12 June 1945 or has been performing the job for at least one
year, even if the performance is not continu-
earlier. [Sec. 14 (1), PD 1529].
ous or merely intermittent. The law deems
Registration of voters. Elec. Law. A method the repeated and continuing need for its per-
of proof, prescribed for ascertaining who are formance as sufficient evidence of the ne-
qualified to cast votes. [Suarez, Pol. Law cessity if not indispensability of that activity
Reviewer, 1st Ed., 2002, p. 309]. to the business. Hence, the employment is
also considered regular, but only with re-
Registration proceedings. Labor. Proceed-
spect to such activity and while such activity
ings involving the application for registration
exists. [De Leon v. NLRC, GR 70705. Aug.
of labor orgs. [Sec. 1, Rule 1, Book 5, IRR of
21, 1989].
LC].
Regular employment. Employment where the
Registration statement. The application for
employee has been engaged to perform ac-
the registration of securities required to be
tivities which are usu. necessary or desira-
filed with the Tariff Commission. [Sec. 3,
ble in the usual business or trade of the em-
SRC].
ployer, except where the employment has
Registry. A place or office where registers or been fixed for a specific project or undertak-
records are kept. ing the completion or termination of which
has been determined at the time of the en-

838
gagement of the employee or where the From Debt Coalition v. ERC, GR 161113.
work or services to be performed is season- June 15, 2004].
al in nature and the employment is for the
Rehabilitate. To restore to a state of good
duration of the season. [Art. 280, CC]. Com-
condition or operation.
pare with Casual employment.
Rehabilitate-operate-and-transfer. A con-
Regular farmworker. A natural person who is
tractual arrangement whereby an existing
employed on a permanent basis by an agri-
facility is turned over to the private sector to
cultural enterprise or farm. [Sec. 3, RA
refurbish, operate and maintain for a fran-
6657].
chise period, at the expiry of which the legal
Regular place of work or business. A sta- title to the facility is turned over to the govt.
tionary office in the city or province wherein The term is also used to describe the pur-
the notary public renders legal and notarial chase of an existing facility from abroad, im-
services. [Sec. 11, Rule II, AM 02-8-13-SC]. porting, refurbishing, erecting and consum-
ing it within the host country. [Sec. 2, RA
Regulate. The term includes the power to
7718].
control, to govern, and to restrain; but it
should not be construed as synonymous Rehabilitate-own-and-operate. A contractual
with 'suppress' or 'prohibit‘. [Samson v. City arrangement where-by an existing facility is
Mayor of Bacolod, GR L-28745. Oct. 23, turned over to the private sector to refurbish
1974]. and operate with no time limitation imposed
on ownership. As long as the operator is not
Regulated. Controlled or directed acc. to rule,
in violation of its franchise, it can continue to
principle, or law.
operate the facility in perpetuity. [Sec. 2, RA
Regulated drug. This includes self-inducing 7718].
sedatives, such as secobarbital, phenobar-
Rehabilitation. Corp. Law. 1. The restoration
bital, pentobarbital, barbital, amobarbital and
of the debtor to a position of successful op-
any other drug which contains a salt or a de-
eration and solvency, if it is shown that its
rivative of a salt of barbituric acid; any salt,
continuance of operation is economically
isomer or salt of an isomer, of ampheta-
feasible and its creditors can recover by way
mine, such as benzedrine or dexedrine, or
of the present value of payments projected
any drug which produces a physiological ac-
in the plan more if the corp. continues as a
tion similar to amphetamine; and hypnotic
going concern than if it immediately liquidat-
drugs, such as methaqualone or any other
ed. [Sec. 4, RA 10142; Sec. 1, Rule 2, AM
compound producing similar physiological
00-8-10-SC, Dec. 2, 2008]. 2. contemplates
effects. [Sec. 2, RA 6425].
a continuance of corporate life and activities
Regulatory agency. Any agency expressly in an effort to restore and reinstate the corp.
vested with jurisdiction to regulate, adminis- to its former position of successful operation
ter or adjudicate matters affecting substan- and solvency. [Ruby Industrial Corp. v. CA,
tial rights and interests of private persons, GR 124185-87. Jan. 20, 1998].
the principal powers of which are exercised
Rehabilitation. Spcl. Law. 1. Measures that
by a collective body, such as a commission,
ensure the ability of affected communities or
board or council. [Sec. 2, Admin. Code of
areas to restore their normal level of func-
1987].
tioning by rebuilding livelihood and damaged
Regulatory lag. The loss of proper earnings infrastructures and increasing the communi-
claimed by a utility between the time a peti- ties' organizational capacity. [Sec. 3, RA
tion for rate increase is filed and the rate re- 10121]. 2. An integrated approach to physi-
lief actually becomes effective by adminis- cal, social, cultural, spiritual, educational
trative or judicial determination. [Freedom and vocational measures that create condi-

839
tions for the individual to attain the highest habilitation is an integrated part of the total
possible level of functional ability. [Sec. 4, medical care. Total rehabilitation is best
RA 7277]. 3. The restoration of the disabled achieved through the coordinated work of
or handicapped to the fullest physical, men- various health disciplines like medicine,
tal, social and economic usefulness of which psychology, social work, physical therapy,
he is capable with in the limitations of the occupational therapy, speech and hearing,
disability or handicap. [Sec. 11, PD 1509]. 4. nursing, vocational evaluation, dietetics, and
The process by which there is provided a special education. [Sec. 2, RA 5680].
balanced program of remedial treatment,
Rehabilitation plan. A plan by which the fi-
vocational assessment and preparation de-
nancial well-being and viability of an insol-
signed to meet the individual needs of each
vent debtor can be restored using various
handicapped employee to restore him to
means incl., but not limited to, debt for-
suitable employment, incl. assistance as
giveness, debt rescheduling, reorg. or quasi-
may be within its resources to help each re-
reorg., dacion en pago, debt-equity conver-
habilitee to develop his mental, vocational or
sion and sale of the business (or parts of it)
social potential. [Sec. 1, Rule 9, Rules on
as a going concern, or setting-up of new
Employees Compensation].
business entity as prescribed in Sec. 62 of
Rehabilitation center. 1. Health Ins. A facility, RA 10142, or other similar arrangements as
which undertakes rehabilitation of drug de- may be approved by the court or creditors.
pendents. It includes institutions, agencies [Sec. 4, RA 10142].
and the like which have for their purpose,
Rehabilitation receiver. The person or per-
the development of skills, or which provides
sons, natural or juridical, appointed as such
counseling, or which seeks to inculcate, so-
by the court pursuant to RA 10142 and
cial and moral values to clientele who have
which shall be entrusted with such powers
a drug problem with the pain of weaning
and duties as set forth therein. [Sec. 4, RA
them from drugs and making them drug-
10142].
free, adapted to their families and peers,
and readjusted into the community as law- Rehabilitation receivership. Corp. Law. The
abiding, useful and productive citizens. [Sec. placement of a distressed company under
1, RA 9241]. 2. Child and Youth Welfare rehabilitation, followed by the appointment
Law. An institution that receives and rehabil- of a management which shall hold in trust all
itates youthful offenders or other disturbed assets of a corp. under rehabilitation receiv-
children. [Art. 117, PD 603]. 3. An organized ership for the equal benefit of all creditors to
service of varied rehabilitation measures preclude one from obtaining an advantage
usu. located in one site for the rehabilitation or preference over another by the expedien-
of disabled individuals. [Sec. 1, Rule 9, cy of attachment, execution or otherwise.
Rules on Employees Compensation].
Rehabilitee. A disabled individual undergoing
Rehabilitation facility. An organized service rehabilitation (student-rehabilitee or trainee)
offering one or more types of service for the or who has finished a prescribed course in
rehabilitation of the handicapped individual. rehabilitation in which he is known as a
[Sec. 1, Rule 9, Rules on Employees Com- graduate-rehabilitee or trainee. [Sec. 1, Rule
pensation]. 9, Rules on Employees Compensation].
Rehabilitation medicine. At the patient level, Rehearing. Another hearing of a civil or crimi-
the clinical management of the problems nal case by the same court in which the
associated with disability, with the objective case was originally heard.
of improving to the maximum level the phys-
Reincidencia. See Recidivism.
ical, socio-economic and physiological func-
tioning of a disabled individual. Medical re-

840
Reincorporation. Corp. Law. The taking out of Reinstatement provision. Ins. Purpose: To
a new charter by a corp. in order to correct clarify the requirements for restoring a policy
errors or defects in the orig. incorp., or to to premium-paying status after it has been
enlarge the powers or limit the liabilities of permitted to lapse.
the corp., or to lengthen or revive the corpo-
Reinsurance. The contract made bet. an in-
rate life. It is an amendment of the charter,
surance company and a 3rd party to protect
and generally, under the statutes, there is
the insurance company from losses. The
no new corp. but the company is the same
contract provides for the 3rd party to pay for
before reincorp.
the loss sustained by the insurance compa-
Reinstate. Admin. Law. To restore to a state, ny when the company makes a payment on
condition, position, etc. from which one had the orig. contract.
been removed. [Globe-Mackay Cable and
Reinsurance broker. One who, for compen-
Radio Corp. v. NLRC, GR 82511. Mar.,
sation, not being a duly authorized agent,
1992].
employee or officer of an insurer in which
Reinstatement. Admin. Law. 1. The reap- any reinsurance is effected, act or aids in
pointment of a person who was previously any manner in negotiating contracts of rein-
separated from the service through no de- surance, or placing risks of effecting rein-
linquency or misconduct on his part from a surance, for any insurance company author-
position in the career service to which he ized to do business in the Phils. [Sec. 310,
was permanently appointed, to a position for Ins. Code].
which he is qualified. [CSC Rules on Per-
Reinsurance contract. 1. A contract by which
sonnel Actions and Policies, Nov. 10, 1975].
an insurer procures a 3rd person to insure
2. Restoration to a state or condition from
him against loss or liability by reason of
which one had been removed or separated.
such orig. insurance. [Sec. 95, IC]. 2. It is for
[Grolier Intl. v. Amansec, GR 83523. Aug.
the purpose of distributing or relieving the
31, 1989].
insurer of a risk that is deemed so large that
Reinstatement. Ins. A provision that the hold- a payment in case of loss would seriously
er of the policy shall be entitled to rein- cripple and endanger the solvency of the
statement of the contract at anytime within 3 orig. insurer. [Tiopianco, Commentaries &
years from the date of default in the pay- Jurisp. on the Ins. Code of the Phil., 1999
ment of premium, unless the cash surrender Ed., p. 97]. 3. The insuring of a risk or part
value has been paid, or the extension period of a risk by the principal insurer with another
[has] expired, upon [the] production of evi- insurer known as the Reinsurer. It is the in-
dence of insurability satisfactory to the com- surance of all or part of one insurer's risk by
pany and the payment of all overdue premi- a 2nd insurer who accepts the risk in ex-
ums and any indebtedness to the company change for a percentage of the orig. premi-
upon said policy. [Sec. 227, (j), IC]. um. Compare with Co-insurance.
Reinstatement. Labor. A relief granted to an Reinsurance treaty. It is merely an agreement
illegally dismissed employee which restores bet. 2 insurance companies whereby one
him to the position from which he was re- agrees to cede and the other to accept rein-
moved, that is, to his status quo ante dis- surance business pursuant to provisions
missal. Reinstatement should be without specified in the treaty. [Phil. Amer. Life Ins.
loss of seniority rights and other privileges. Co. v. Auditor Gen., GR L-19255. Jan. 18,
1968].
Reinstatement provision. Ins. The restoration
of coverage after a policy has lapsed bec. Reinsurer. An insurance company that agrees
premium payments have not been made. to insure part of the risk for another insurer.
REIT. See Real Estate Investment Trust.

841
REIT Plan. The plan, incl. its amendments, of persons; and vii. Related corp. to the REIT.
the REIT registered with the SEC. [Sec. 3, [Sec. 3, RA 9856].
RA 9856].
Related theoretical instructions. Technical
Reiteracion. Also Habituality. An aggravating information based on apprenticeship stand-
circumstance in which the offender shall ards approved by the Bu. of Apprenticeship
have been punished previously for an of- designed to provide the apprentice theoreti-
fense to which the law attaches an equal or cal competence in his trade. [Sec. 2, Rule 6,
greater penalty or for 2 or more crimes to Book 3, IRR of LC].
which it attaches a lighter penalty. [People v.
Relation. A logical or natural association bet. 2
Real, GR 93436. Mar. 24, 1995].
or more things; relevance of one to another;
Rejoinder. 1. The 2nd pleading on the part of connection.
the defendant, being his answer to the plain-
Relation back doctrine. The principle in law
tiff‘s replication [or reply]. 2. Opportunity for
that an act done at a later time is deemed
the side that opened the case to offer limited
by law to have occurred at an earlier time.
response to evidence presented during the
See Doctrine of relation back.
rebuttal by the opposing side. See Rebuttal.
Relations back. The principle that an act done
Related. Belonging to the same family, group,
at a later time is deemed by law to have oc-
or type; connected.
curred at an earlier time. Also called Rela-
Related Corporation. 1. A subsidiary or tion back.
affiliate of a GOCC. [Sec. 3, RA 10149]. 2.
Relations back doctrine. That principle of law
The parent, subsidiary or affiliate of the
by which an act done at one time is consid-
REIT. [Sec. 3, RA 9856].
ered by a fiction of law to have been done at
Related goods. Intel. Prop. Goods that belong some antecedent period. It is a doctrine that,
to the same class or have the same descrip- although of equitable origin, has a well rec-
tive properties, or those that possess the ognized application to proceedings at law; a
same physical attributes or essential char- legal fiction invented to promote the ends of
acteristics with reference to their form, com- justice or to prevent injustice and the occur-
position, texture or quality. rence of injuries where otherwise there
would be no remedy. [Allied Banking Corp.
Related goods principle. Intel. Prop. The
v. CA, GR L-85868 Oct. 13, 1989]. Also
principle that goods are related when they;
called Relation back doctrine.
(a) belong to the same class or have the
same descriptive properties; or (b) when Relationship. The way in which 2 or more
they possess the same physical attributes or concepts, objects, or people are connected,
essential characteristics with reference to or the state of being connected. See Intra-
their form, composition, texture or quality. corporate relationship.
Related Party. [It] includes: i. The director, Relationship proximity. This is determined by
officer or principal stockholder of the REIT the number of generations. Each generation
or associate of such persons; ii. The forms a degree. [Art. 963, CC].
sponsor or promoter of the REIT; iii. The
Relationship test. The test used in determin-
fund manager of the REIT; iv. The adviser of
ing whether a dispute constitutes an intra-
the REIT; v. The property manager of the
corporate controversy [that involves a] con-
REIT; vi. A director, principal shareholder or
sideration of the intra-corporate relationship
principal officer of the sponsor or promoter
existing bet. or among the parties. [Sunset
of the REIT, REIT's fund manager or
View Condo. Corp. v. Campos, Jr.,GR L-
property manager, or associate of any such
52361 Apr. 27, 1981]. Compare with Nature
of controversy test.

842
Relative. 1. N. A person connected by blood Relent loans. Loans directly contracted by the
or marriage. 2. Adj. Considered in relation or NG, the proceeds of which are relent to
in proportion to something else. GOCCs, GFIs, LGUs, or the private sector.
Relative humidity. The amount of water vapor Relevancy. Evid. Such a relation [that the
in the air, expressed as a percentage of the evidence must have] to the fact in issue as
maximum amount that the air could hold at to induce belief in its existence or non-
the given temperature. existence. [Sec. 4, Rule 128, RoC].
Relative poverty. The gap bet. the rich and Relevant. Closely connected or appropriate to
the poor. [Sec. 3, RA 8425]. the matter at hand.
Relative simulation of a contract. It takes Relevant evidence. Evidence which tends in
place when the parties conceal their true any reasonable degree to establish the
agreement. [Art. 1345, CC]. A relative simu- probability or improbability of a fact in issue.
lation, when it does not prejudice a 3rd per- It is of a lesser degree of reliability as evi-
son and is not intended for any purpose dence than material evidence. [Evidence:
contrary to law, morals, good customs, pub- Basic Principles and Selected Problems, J.
lic order or public policy binds the parties to Benipayo, UST Law Review, Vol. XLVIII,
their real agreement. [Art. 1346, CC]. Jan.-Dec. 2004].
Relatives. Any and all persons related to a Relics. Cultural properties which, either as a
public official or employee within the 4th civil whole or in fragments, are left behind after
degree of consanguinity or affinity, incl. bi- the destruction or decay of the rest of its
las, inso and balae. [Sec. 3, RA 6713]. parts and which are intimately associated
with important beliefs, practices, customs
Relatives in government. They include rela-
and traditions, periods and personages.
tives up to the 4th civil degree of relation-
[Sec. 3, RA 4846].
ship, either by consanguinity or affinity, incl.
bilas, inso and balae. [CSC‘s Guidelines on Relief. 1. Rem. Law. The redress sought or
the use of the rev. SALN form]. prayed for by the plaintiff. [Bachrach Motor
Co., Inc. v. Icarañgal, GR 45350, May 29,
Relativity. A state of dependence in which the
1939]. Compare with Remedy. 2. Admin.
existence or significance of one entity is
Law. The whole or part of any grant of mon-
solely dependent on that of another.
ey, assistance, license, authority, privilege,
Relativity of contracts. 1. The principle of exemption, exception, or remedy; recogni-
Civil Law that a contract can only bind the tion of any claim, right, immunity, privilege,
parties who had entered into it or their suc- exemption or exception; or taking of any ac-
cessors who have assumed their personality tion upon the application or petition of any
or their judicial position, and that, as a con- person. [Sec. 2, Chap. 1, Book VII, EO 292].
sequence, such contract can neither favor
RELIEF. See Reconciliation of Listing for
nor prejudice a 3rd person. 2. Contracts
Enforcement.
take effect only bet. the parties, their as-
signs and heirs, except in case where the Relief from judgment, Petition for. The peti-
rights and obligations arising from the con- tion which a party may file in such court and
tract are not transmissible by their nature, or in the same case where a judgment or final
by stipulation or by provision of law. [Art. order is entered, or any other proceeding is
1311, CC]. thereafter taken against such party through
fraud, accident, mistake, or excusable negli-
Relator. An informer; a person who has sup-
gence, praying that the judgment, order or
plied the facts required for a criminal prose-
proceeding be set aside. [Sec. 1, Rule 38,
cution or a civil suit.

843
RoC]. See Petition for relief from judg- Religious profession and worship, Right to.
ment. It has a 2-fold aspect, viz: freedom to be-
lieve and freedom to act on one's beliefs.
Relief from judgment. Rem. Law. 1. A reme-
The 1st is absolute as long as the belief is
dy provided by law to any person against
confined within the realm of thought. The
whom a decision or order is entered through
2nd is subject to regulation where the belief
fraud, accident, mistake, or excusable negli-
is translated into external acts that affect the
gence. [Basco v. CA, GR 125290 Aug. 9,
public welfare. [Cruz, Constl. Law, 1998 Ed.,
2000]. 2. A remedy, equitable in character,
p. 181].
that is allowed only in exceptional cases
when there is no other available or adequate Religious societies. Groups within a religious
remedy. When a party has another remedy denomination such as religious order, dio-
available to him, which may either be a mo- cese, synod or district org.
tion for new trial or appeal from an adverse
REM. 1. See Real estate mortgage. 2. See
decision of the trial court, and he was not
Renewable Energy Market.
prevented by fraud, accident, mistake, or
excusable negligence from filing such mo- Remainder. A part, number, or quantity that is
tion or taking such appeal, he cannot avail left over.
of the remedy of petition for relief. [Insular
Savings & Trust Co. v. Runes, GR Remainderman. The person who inherits
152530. Aug. 12, 2004]. property when someone passes away, and
has executed a "life estate deed."
Religion. 1. Any specific system of belief,
worship, conduct, etc., often involving a Remaining economic life. The period of time
(years) from the date of appraisal to the date
code of ethics and a philosophy. [Cruz,
Constl. Law, 1998 Ed., p. 171]. 2. A profes- when the machinery becomes valueless.
sion of faith to an active power that binds [Sec. 3, PD 464].
and elevates man to his Creator. [Aglipay v. Remaining value. The value corresponding to
Ruiz, GR L-45459 Mar. 13, 1937]. the remaining useful life of the machinery.
Religious corporation. A corp. composed [Sec. 3, PD 464].
entirely of spiritual persons and which is or- Remains. The body of a dead person. [Sec.
ganized for the furtherance of a religion or 89, PD 856].
for perpetuating the rights of the church or
for the administration of church or religious Remand. 1. To send a dispute back to the
work or property. It is different from an ordi- court where it was originally heard. Usu., it
nary non-stock corp. organized for religious is an appellate court that remands a case for
purposes. [Secs. 109- 116, Corp. Code]. proceedings in the trial court consistent with
the appellate court's ruling. 2. To send back.
Religious corporation. Kinds: (a) Corp. sole – The sending by the appellate court of the
a special form of corp., usually associated cause back to the same court out of which it
with the clergy, consisting of one person on- came, for purpose of having some further
ly and his successors, who is incorporated action taken on it there. 3. To send back (a
by law to give some legal capacities and case) to a lower court with instructions about
advantages; [Sec. 110, Corp. Code]; and (b) further proceedings.
Religious societies or corporate aggregate –
a non-stock corp. governed by a board but Remanente liquido. Sp. Net remainder. [Ma-
with religious purposes. It is incorporated by nuel v. Losano, GR L-12065, July 2, 1918].
an aggregate of persons, religious order, di- Remanente liquido (haber ganancial). Sp.
ocese, synod, sect, etc. [Sec. 116, Corp. The net remainder resulting from the liquida-
Code]. tion of the affairs of the [conjugal] partner-

844
ship after its dissolution to which he interest be accepted by the obligor; and (c) the obli-
of each spouse is limited. [Abalos v. Maca- gation must be demandable.
tangay, Jr., GR 155043, Sep. 30, 2004].
Remittance. The amount of the foreign ex-
Remedial. Giving or intended as a remedy or change earnings remitted by a contract
cure. worker or seaman to any beneficiary in the
Phils. through the Phil. banking system.
Remedial or Adjective law. That branch of
[Sec. 1, Rule 1, IRR of LC].
law which prescribes the method of enforc-
ing rights or obtains redress for their inva- Remitted. Forwarded, sent, or transmitted.
sion. [Bustos v. Lucero, GR L-2068. Oct. 20, [Bank of America NT & SA v. CA, GR
1948]. Compare with Substantive law. 103092. July 21, 1994].
Remedial statute. 1. A statute that does not Remittitur. The remand of the record to the
create new rights or take away rights that lower court. [Sebastian Enterprises v. CA,
are already vested. It only operates in fur- GR L-41862. Feb. 7, 1992].
therance of a remedy or confirmation of
Remodeling. The introduction of some chang-
rights already in existence. It does not come
es in the shape or form of the body of the
within the legal purview of a prospective law.
motor vehicle. [Sec. 2, RA 6539].
As such, it can be applied retroactively in-
dependent of the general rule against the Remote party, Nego. Inst. A person without
retrospective application of statutes. [Casa- knowledge as to the conditions or limitations
bar v. Sino Cruz, GR L-6882, Dec. 29, placed upon the delivery of an instrument,
1954]. 2. Being procedural in nature, it shall even if he is the next party physically.
apply to all actions pending at the time of its
Removal. The term imports the separation of
enactment except only with respect to those
cases which had already attained the char- the incumbent before the expiration of his
acter of a final and executory judgment. term [which] is allowed by the Consti. only
when it is for cause as provided by law.
[People v. Sumilang, 77 Phil 764 (1946);
Mun. Govt. of Coron, Palawan v. Cariño, GR [Achacoso v. Macaraig, GR 93023. Mar.13,
L-65894 Sep. 24, 1987]. See Curative stat- 1991].
utes. Removal, sale or pledge of mortgaged
Remedy. 1. Legal or judicial means by which a property. Crim. Law. The felony committed
by any person who shall knowingly remove
right or privilege is enforced or the violation
of a right or privilege is prevented, re- any personal property mortgaged under the
dressed, or compensated. 2. The means by Chattel Mortgage Law to any province or
city other than the one in which it was locat-
which a right is enforced or the violation of a
right is prevented, redressed, or compen- ed at the time of the execution of the mort-
sated. Compare with Relief. gage, without the written consent of the
mortgagee, or his executors, administrators
Remit. 1. To cancel or refrain from exacting or or assigns, or by any mortgagor who shall
inflicting a debt or punishment. 2. To trans- sell or pledge personal property already
mit money in payment. pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without
Remission. The cancellation of a debt,
the consent of the mortgagee written on the
charge, or penalty. See Condonation.
back of the mortgage and noted on the rec-
Remission. Requisites. For remission to result ord hereof in the office of the Register of
in the total or partial extinguishment of the Deeds of the province where such property
obligation, the following requisites must is located. [Art. 319, RPC].
concur: (a) It must be gratuitous; (b) it must
Remuneration. Money paid for work or a ser-
vice.

845
Remunerative. Affording remuneration; profit- wind, rain, tides, waves and geothermal
able. heat.
Remuneratory. Remunerative. Renewable Energy Act of 2008. RA 9513
entitled ‖An Act promoting the Development,
Remuneratory contract. A con-tract the
Utilization and Commercialization of Re-
cause of which is the service or benefit to be
newable Energy Resources and for other
remunerated. [Art. 1350, CC].
purposes‖ enacted on Dec. 16, 2008.
Remuneratory donation. One where the
Renewable Energy Market (REM). The mar-
donee gives something to reward past or fu-
ket where the trading of the RE certificates
ture services or bec. of future charges or
equivalent to an amount of power generated
burdens, when the value of said services,
from RE resources is made. [Sec. 4, RA
burdens or charges is less than the value of
9513].
the donation. [De Luna v. Abrigo, GR 57455.
Jan. 18, 1990]. Compare with Simple dona- Renewable Energy Policy Framework
tion or Onerous donation. (REPF). The long-term policy developed by
the DOE which identifies among others, the
Remuneratory sanction. A sanction in the
goals and targets for the development and
form of a reward withheld for failure to com-
utilization of renewable energy in the coun-
ply with the law.
try. [Sec. 4, RA 9513].
Render judgment. To pronounce, declare, or
Renewable Energy Resources (RE Re-
state the decision of the court in a particular
sources). 1. Energy resources that do not
case.
have an upper limit on the total quantity to
Rendition. This occurs when the judge's deci- be used. Such resources are renewable on
sion is officially announced, either orally in a regular basis, and whose renewal rate is
open court or by signed memorandum filed relatively rapid to consider availability over
with the clerk. an indefinite period of time. These include,
among others, biomass, solar, wind, geo-
Rendition of judgment. The filing of the thermal, ocean energy, and hydropower
signed decision with the clerk of court, and conforming with internationally accepted
not the pronouncement of the judgment in norms and standards on dams, and other
open court. Before such filing, the decision emerging renewable energy technologies.
may still be subject to amendment and
[Sec. 4, RA 9513]. 2. Energy resources that
change and may not yet be considered ef- do not have an upper limit on the total quan-
fective and binding. [Ago v. CA, GR L- tity to be used. Such resources are renewa-
17898. Oct. 31, 1962]. Compare with
ble on a regular basis and the renewable
Promulgation. rate is rapid enough to consider availability
Renew. To make new again; to restore to over an indefinite time. These include,
freshness; to make new spiritually; to re- among others, biomass, solar, wind, hydro
generate; to begin again; to recommence; to and ocean energy. [Sec. 4, RA 9136].
resume; to restore to existence; to revive; to
Renewable Energy Service (Operating)
re-establish; to recreate; to replace; to grant Contract (RE Contract). The service
or obtain an extension of. [Alhambra Cigar agreement bet. the Govt., through the DOE,
v. SEC, GR L-23606. July 29, 1968]. and RE Developer over a period in which
Renewable. Capable of being renewed. the RE Developer has the exclusive right to
a particular RE area for exploration and de-
Renewable energy. Energy that comes velopment. The RE Contract shall be divid-
from natural resources such as sunlight, ed into 2 stages: the pre-development stage
and the development or commercial stage.

846
The preliminary assessment and feasibility Rent Control Act of 2009. RA 9653 entitled
study up to financial closing shall refer to the ―An Act Establishing Reforms in the Regula-
pre-development stage. The construction tion of Rent of Certain Residential Units,
and installation of facilities up to operation Providing the Mechanisms Therfor and for
phase shall refer to the development stage. Other Purposes‖ enacted on July 14, 2009.
[Sec. 4, RA 9513].
Rent Control Law. BP 877 entitled ―An Act
Renewable energy sources. Energy sources providing for the stabilization and regulation
that do not have an upper limit on the total of, rentals of certain residential units for oth-
quantity to be used. Such resources are reer purposes‖ enacted on June 12, 1985.
newable on a regular basis. [Sec. 3, RA
Rental. 1. The amount paid for the use or
9367].
occupancy of a residential unit whether
Renewable Energy (Systems) Developers payment is made on a monthly or other ba-
or RE Developers. Individual/s or a group sis. [Sec. 2, BP 877; Sec.4, RA 9161]. 2.
of individuals formed in accordance with ex- The amount paid for the use of dwelling
isting Philippine Laws engaged in the explo- units or land on which another's dwelling is
ration, development and utilization of RE re- located whether payment is made on a 15-
sources and actual operation of RE systems day, monthly or other basis. [Sec. 2, RA
or facilities. [Sec. 4, RA 9513]. 6359; Sec. 2, RA 6126].
Renewable Energy Systems (RE Systems). Rental value. The value as ascertained by
Energy systems which convert RE reproof of what the property would rent or by
sources into useful energy forms, like elec- evidence of other facts from which the fair
trical, mechanical, etc. [Sec. 4, RA 9513]. rental value may be determined. [Asian
Transmission Corp. v. Canlubang Sugar Es-
Renewable Portfolio Standards. A market-
tates, GR 142383, Aug. 29, 2003].
based policy that requires electricity suppli-
ers to source an agreed portion of their en- Renuntiatio non praesumitur Lat. A waiver of
ergy supply from eligible RE resources. rights is not presumed. [Mota v. Serra, GR
[Sec. 4, RA 9513]. L-22825, Feb. 14, 1925]
Renounce. To formally declare one's aban- Renunciation. Nego. Inst. The act of surren-
donment of a claim, right, or possession. dering a right or claim without recompense,
but it can be applied with equal propriety to
Renovation. Any physical change made on a
the relinquishing of a demand upon an
building or structure to increase its value,
agreement supported by a consideration.
utility and/or to improve its aesthetic quality.
[From Sec. 122, NIL].
Rent. 1. The consideration paid by a tenant to
Renunciation. Nego. Inst. Effects: (a) One
a landlord in exchange for the exclusive use
made in favor of a principal debtor at or after
and enjoyment of land, a building or a part
the maturity [made absolutely and uncondi-
of a building. Under normal circumstances,
tionally] of the instrument discharges the in-
the rent is paid in money and at regular in-
strument [Sec. 122, NIL]; (b) One made in
tervals, such as the 1st of every month. The
favor of a secondary party by the holder be-
word has also come to be used as a verb as
fore, at or after maturity discharges only the
in to rent an apartment, although the proper
secondary parties and all subsequent to
legal term would be to lease an apartment.
him. [Sec. 122, NIL].
3. The amount paid for the use or occupan-
cy of a residential unit whether payment is Renunciation by the holder. Nego. Inst. The
made on a monthly or other basis. [Sec. 3, renunciation by the holder of the nego. inst.
RA 9653]. (a) must be written; or (b) if oral, requires

847
that the instrument be surrendered to the Reorganization in good faith. Admin. Law. A
person primarily liable. [Sec. 122, NIL]. reorg. designed to trim the fat off the bu-
reaucracy and institute economy and great-
Renvoi. Fr. A sending back. The referring of a
er efficiency in its operation. It is not a mere
dispute or other legal question to a jurisdic-
tool of the spoils system to change the face
tion other than that in which it arose.
of the bureaucracy and destroy the liveli-
Renvoi doctrine. Fr. Refer back. 1. The doc- hood of hordes of career employees in the
trine holding that court of the forum, in de- civil service so that the new-powers-that-be
termining the question before it, must take may put their own people in control of the
into account the whole law of the other juris- machinery of govt. [Blaquera v. CSC, GR
diction, but also its rules as to conflict of 103121. Sep. 10, 1993].
laws, and then apply the law to the actual
Repacker of wines or distilled spirits. All
question which the rules of the other juris-
persons who remove wine or distilled spirits
diction prescribe. This may be the law of the
from the orig. container for repacking and
forum. [In re: Aznar v. Christensen, GR L-
selling the same at wholesale. [Sec. 1, PD
16749. Jan. 31, 1963]. 2. The application of
426].
the conflict rules of one state by the court or
tribunal of another state, in order to solve a Repainting. Changing the color of a motor
conflict of laws problem. vehicle by means of painting. There is re-
painting whenever the new color of a motor
Reorganization. 1. Admin. Law. A recognized
vehicle is different from its color as regis-
valid ground for separation of civil service
tered in the Land Transportation (Office).
employees, subject only to the condition that
[Sec. 2, RA 6539].
it be done in good faith. [Domingo v. DBP,
GR 93355 Apr. 7, 1992]. 2. Corp Law. (a) A Repair. The term presupposes decay, dilapi-
reorg. under the supervision of a court of dation, injury, or partial destruction of the
competent jurisdiction; (b) a merger or con- repaired element; that is, bringing back bro-
solidation; (c) a sale of 75% or more in value ken or damaged parts of a structural whole
of the assets of a company; (d) a restate- to their orig. condition [Chao v. Aguilar, 103
ment of the capital of a company, or an ex- Phil., 219; 54 Off. Gaz. (30) 7225].
change of securities issued by a company
Repair and service firm. Any business estab-
for any of its own outstanding securities; (e)
lishment, engaged directly or indirectly, in
a voluntary dissolution or liquidation of a
the repair, service or maintenance of any
company; (f) a recapitalization or other pro-
consumer product. [Art. 4, RA 7394].
cedure or transaction which has for its pur-
pose the alteration, modification, or elimina- Reparation. Payment or otherwise making
tion of any of the rights, preferences, or amends for an injury or damages that have
privileges of any class of securities issued been committed on or to another.
by a company, as provided in its charter or
other instrument creating or defining such Repatriate. To restore or return to one's coun-
try of origin, allegiance, or citizenship.
rights, preferences, and privileges; (g) an
exchange of securities issued by another [Bengson III v. HRET. GR 142840, May 7,
company or companies, preliminary to and 2001].
for the purpose of effecting or consummat- Repatriation. 1. Restoration of citizenship. It is
ing any of the foregoing; or (h) any ex- not a grant of a new citizenship, but a re-
change of securities by a company which is covery of one's former or orig. citizenship.
not an investment company for securities is- Bengson III v. HRET. GR 142840, May 7,
sued by a registered investment company. 2001]. 2. Regaining nationality after expatri-
[Sec. 3, RA 2629]. ation. The return to one‘s own country of in-
vestments held by foreigners.

848
Repatriation guarantee. Intl. Law. The assur- Replevied. [The term], used in its technical
ance of a host state govt. that foreign inves- sense, means delivered to the owner. [Till-
tors will be able to take out of the state both son v. CA, GR 89870, May 28, 1991].
the investment capital they brought in and
Replevin. Also Delivery of personal proper-
the profits they earned.
ty. 1. An action for the recovery of a pos-
Repeal. To revoke or annul a law or congres- session that has been wrongfully taken. 2. A
sional act. provisional remedy in the form of an order
issued by a judge before whom an action
Repealing clause. That part of the statute
praying for the recovery of possession of
which announces the legislative intent to
personal property is pending, for the delivery
terminate or revoke another statute or stat-
of such property to the movant upon the fil-
utes. [Suarez, Stat. Con., (1993), p. 50].
ing by the latter of a bond to guarantee its
Repeat order. A form of negotiated purchase return or to answer for damages. 3. Broadly
whereby a[n] LGU buys from the same sup- understood, it is both a form of principal
plier, the same items at the same terms and remedy and of a provisional relief. It may re-
conditions as the orig. purchase within 3 fer either to the action itself, i.e., to regain
months therefrom. [IRR on Supply & Prop. the possession of personal chattels being
Mgt., per Sec. 383, LGC]. wrongfully detained from the plaintiff by an-
other, or to the provisional remedy that
REPF. See Renewable Energy Policy would allow the plaintiff to retain the thing
Framework. during the pendency of the action and hold it
Rephrase. To phrase anew or in a new form. pendente lite. [Tillson v. CA, GR 89870 May
[Lokin v. Comelec, GR 179431-32, GR 28, 1991].
180443, June 22, 2010]. Replevy. To re-deliver goods which have been
Replace. 1. To take the place of. 2. To provide distrained to the orig. possessor of them, on
or find a substitute for something that is bro- his giving pledges in an action of replevin.
ken, old, or inoperative. [Tillson v. CA, GR 89870. May 28, 1991].
Replacement. A person or thing that takes the Replicate. To make an exact copy of; repro-
place of another. duce.
Replacement check. A check drawn as pay- Replication. The process of manufacturing
ment of an obligation which was not satis- optical media by reproducing or generating
fied or covered by the 1st check earlier is- copies of the stamper in an injection molding
sued and which was dishonored by the machine or other forms of replicating
drawee bank. equipment. [Sec. 3, RA 9239].
Replacement or Reproduction cost. The Reply. Rem. Law. 1. A pleading, the office or
cost that would be incurred on the basis of function of which is to deny, or allege facts
current prices, in acquiring an equally desir- in denial or avoidance of new matters al-
able substitute property, or the cost of re- leged by way of defense in the answer and
producing a new replica property on the ba- thereby join or make issue as to such new
sis of current prices with the same or closely matters. If a party does not file such reply,
similar material. [Sec. 3, PD 464]. See Ap- all the new matters alleged in the answer
praisal value. are deemed controverted. [Sec. 11, Rule 6,
RoC]. 2. The response by a party to charges
Replanting program. The program formulated raised in a pleading by the other party.
by the PCA to replenish the coconut trees
which have been permitted to be cut by the Report. Something that gives information or a
PCA. [Sec. 3, RA 8048]. usu. detailed account or statement. [Rural
Bank of San Miguel, Inc. v. Monetary Board,

849
GR 150886, Feb. 16, 2007]. Compare with brothers or sisters, whether they be of the
Examination. full or half blood. [Art. 972, CC].
Represent. To be entitled or appointed to act Representations. Ins. Statements made to
or speak for someone, esp. in an official ca- give information to the insurer and otherwise
pacity. induce him to enter into the insurance con-
tract. [Tiopianco, Commentaries and Jurisp.
Representation. 1. Civ. Law. The basis for
agency, that is, the agent acts for and on
46].
behalf of the principal on matters within the
scope of his authority and said acts have Representative. 1. A person who represents
the same legal effect as if they were per- or stands in the place of another; one who
sonally executed by the principal. [Eurotech represents others or another in a special
Industrial Technologies, Inc. v. Cuizon, GR capacity, as an agent, and is interchangea-
167552, Apr. 23, 2007]. 2. Ins. An oral or ble with ―agent." [Fortune Ins. v. CA, GR
written statement of a fact or condition af- 115278. May 23, 1995]. 2. The person au-
fecting the risk made by the insured to the thorized to file an application for legal aid in
insurance company tending to induce the behalf of the applicant when the said appli-
insurer to assume the risk. cant is prevented by a compelling reason
from personally filing his application. As a
Representation. Ins. Characteristics: It is: (a)
rule, it refers to the immediate family mem-
not a part of the contract but merely a col-
bers of the applicant. However, it may in-
lateral inducement to it; (b) oral or written;
clude any of the applicant‘s relatives or any
(c) made at the time of, or before issuing the
person or concerned citizen of sufficient dis-
policy and not after; (d) altered or withdrawn
cretion who has first-hand knowledge of the
before the insurance is effected but not af-
personal circumstances of the applicant as
terwards; and (e) must be presumed to refer
well as of the facts of the applicant‘s case.
to the date the contract goes into effect.
[Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sep.
[Sec. 42, IC].
10, 2009].
Representation. Ins. Kinds: (a) Oral or written
Representative assembly. The full member-
[Sec. 36, IC]; (b) Affirmative [Sec. 39, IC]; or
ship of a body of representatives elected by
(c) Promissory [Sec. 42, IC].
each of the sectors, chapter or district o the
Representation officer. 1. A person duly coop. duly assembled for the purpose of ex-
authorized to conduct and supervise certifi- ercising such powers lawfully delegated un-
cation elections. [Sec. 1, Rule 1, Book 5, to them by the general assembly in accord-
IRR of LC]. 2. A person duly authorized to ance with its bylaws. [Sec. 1, RA 9520].
conduct and supervise certification elections
Representative party. Someone acting in a
in accordance with Rule VI of the Imple-
fiduciary capacity. He may be a trustee,
menting Rules of the Labor Code. [Algire v.
guardian, executor or administrator, or a
De Mesa, GR 97622. Oct. 19, 1994].
party authorized by law or the Rules of
Representation right. Succ. 1. A right created Court. An agent acting in his own name and
by fiction of law, by virtue of which the rep- for the benefit of an undisclosed principal
resentative is raised to the place and the who may sue or be sued without joining the
degree of the person represented, and ac- principal except when the contract involves
quires the rights which the latter would have things belonging to the principal. [Sec. 3,
if he were living or if he could have inherited. Rule 3, RoC].
[Art. 970, CC]. 2. The right of representation
Representative suit. 1. Civ. Pro. The term is
takes place in the direct descending line, but
akin to a class suit in the limited sense that
never in the ascending. In the collateral line,
the phrases found in Sec. 12 of Rule 3 [of
it takes place only in favor of the children of

850
the Rules of Court], "one or more may sue Reproductive Health (RH). The state of com-
or defend for the benefit of all," and "the par- plete physical, mental and social well-being
ties actually before it are sufficiently numer- and not merely the absence of disease or in-
ous and representative," are similar to the firmity, in all matters relating to the repro-
phrase "may sue or be sued without joining ductive system and to its functions and pro-
the party for whose benefit the action is pre- cesses. This implies that people are able to
sented or defended" found in Sec. 3 of the have a responsible, safe, consensual and
same Rule. In other words, both suits are satisfying sex life, that they have the capa-
always filed in behalf of another or others. bility to reproduce and the freedom to de-
That is why the 2 terms are sometimes used cide if, when, and how often to do so. This
interchangeably. [Liana's Supermarket v. further implies that women and men attain
NLRC, GR 111014. May 31, 1996]. 2. Corp. equal relationships in matters related to
Law. An action brought by a stockholder or sexual relations and reproduction. [Sec. 4,
member against the corp. in his own behalf RA 10354].
and on behalf of all similarly situated.
Reproductive health and sexuality educa-
Reprieve. The temporary suspension of the tion. A lifelong learning process of providing
execution of a sentence, esp. of a sentence and acquiring complete, accurate and rele-
of death. [Llamas v. Orbos, GR 99031. Oct. vant age- and development-appropriate in-
15, 1991]. formation and education on reproductive
health and sexuality through life skills edu-
Reprimand. A public and formal censure or
cation and other approaches. [Sec. 4, RA
severe reproof, administered to a person in
10354].
fault by his superior officer or a body to
which he belongs. [Tobias v. Veloso, GR L- Reproductive health care. The access to a
40224. Sep. 23, 1980]. full range of methods, facilities, services and
supplies that contribute to reproductive
Reprisal. Intl. Law. 1. Unlawful acts taken by
health and well-being by addressing repro-
one state in retaliation for the also unlawful
ductive health-related problems. It also in-
acts of another state, the purpose being to
cludes sexual health, the purpose of which
bring the offending state to terms. [Cruz, Intl.
is the enhancement of life and personal rela-
Law Reviewer, 1996 Ed., p. 126]. 2. The act
tions. [Sec. 4, RA 10354].
of punishing another for some injury the lat-
ter caused. An act of self-help by the injured Reproductive health care. Elements include:
state, responding - after an unsatisfied de- (1) Family planning information and services
mand - to an act contrary to intl. law commit- which shall include as a 1st priority making
ted by the offending state. Its object is to ef- women of reproductive age fully aware of
fect reparation from the offending state for their respective cycles to make them aware
the offense or a return to legality by the of when fertilization is highly probable, as
avoidance of further offenses. The UN Gen. well as highly improbable; (2) Maternal, in-
Assembly in its 1970 Declaration on Princi- fant and child health and nutrition, incl.
ples of Intl. Law declared that "States have breastfeeding; (3) Proscription of abortion
a duty to refrain from acts of reprisal involv- and management of abortion complications;
ing the use of force." Resolution 2625 (4) Adolescent and youth reproductive
(XXV). health guidance and counseling; (5) Preven-
tion, treatment and management of repro-
Reprobate. A special proceeding to establish
ductive tract infections (RTIs), HIV and AIDS
the validity of a will proved in a foreign coun-
and other sexually transmittable infections
try. [Bench Book for Trial Court Judges, p.
(STIs); (6) Elimination of violence against
3-1].
women and children and other forms of sex-
Reproduction cost. See Replacement cost. ual and gender-based violence; (7) Educa-

851
tion and counseling on sexuality and repro- Republic of the Philippines. The name by
ductive health; (8) Treatment of breast and which the Phils. is officially known
reproductive tract cancers and other gyne- [Filipino: Repúblika ng Pilipinás].
cological conditions and disorders; (9) Male
Republicae ut sin finis litium. Lat. It is to the
responsibility and involvement and men‘s
interest of the state that there should be an
reproductive health; (10) Prevention, treat-
end to litigation. [Allied Banking Corp. v. CA,
ment and management of infertility and sex-
GR 108089. Jan. 10, 1994].
ual dysfunction; (11) Reproductive health
education for the adolescents; and (12) Republican form of government. Pol. Law. A
Mental health aspect of reproductive health form of govt. in which all powers are vested
care. [Sec. 4, RA 10354]. in the executive, legislative and judiciary.
[City of Manila v. Posadas, GR 23551. Nov.
Reproductive health care program. The
25, 1925].
systematic and integrated provision of re-
productive health care to all citizens prioritiz- Republican government. Pol. Law. A govt.
ing women, the poor, marginalized and which is run by the people through their
those invulnerable or crisis situations. [Sec. chosen representatives who, in turn, are ac-
4, RA 10354]. countable to the sovereign will of the people.
They derive their mandate from the people
Reproductive health rights. The rights of
who elect them for a period or term that is
individuals and couples, to decide freely and
fixed by law. [Suarez, Pol. Law Reviewer, 1st
responsibly whether or not to have children;
Ed., 2002, pp. 56-57].
the number, spacing and timing of their chil-
dren; to make other decisions concerning Republication. Something that has been pub-
reproduction, free of discrimination, coercion lished again; a fresh publication as of a liter-
and violence; to have the information and ary work.
means to do so; and to attain the highest
Republication of wills. Succ. An act of the
standard of sexual health and reproductive
health: Provided, however, That reproduc- testator whereby he reproduces in a subse-
tive health rights do not include abortion, quent will the dispositions contained in a
and access to abortifacients. [Sec. 4, RA previous will which is void as to its form or
10354]. executes a codicil to his will. [Jurado, Com-
Reproductive Tract Infection (RTI). Sexually 131]. See Revival of wills.
transmitted infections (STIs), and other
types of infections affecting the reproductive Repudiate. 1. To refuse to accept or be asso-
ciated with. 2. To deny the truth or validity
system. [Sec. 4, RA 10354].
of.
Republic. A form of govt. in which the country
is considered a "public matter" (Latin: res Repudiation. Succ. 1. An act by virtue of
publica), not the private concern or property which an heir, legatee or devisee manifests
of the rulers, and where offices of state are his desire in accordance with the formalities
prescribed by law not to succeed to the in-
subsequently directly or indirectly elected or
appointed rather than inherited. In modern heritance, legacy, or devise. 2. A renuncia-
times, a common simplified definition of a tion of the inheritance made in a public or
republic is a govt. where the head of state is authentic instrument, or by petition present-
not a monarch. ed to the court having jurisdiction over the
testamentary or intestate proceedings. [Art.
Republic Acts. Statutes approved by the Phil. 1051, CC]. Compare with Acceptance.
Congress from 1942 to 1972 [and from 1987
to present]. [Suarez, Stat. Con., (1993), p. Repurchase. The term is synonymous with
the term ―redeem‖ in pacto-de-retro sales.
42].

852
Reputation. 1. The consideration or estimation matter which was in controversy or dispute
in which a person is held esp. by the com- and has been authoritatively and finally set-
munity or the public generally. [PCIB v. IAC, tled by the decision of a court; that issuable
GR 73610. Apr. 19, 1991]. 2. It is what peo- fact once legally determined is conclusive as
ple think an individual is and what they say bet. the parties in same action or proceed-
about him. [PCIB v. IAC, GR 73610. Apr. 19, ing. Res adjudicata [if there be such a term]
1991, De Luxe 4th Ed., p. 1468]. could only mean an article or subject of
property 'awarded to' a given person by the
Request for admission. Also, Request to
judgment of a court, which might perhaps be
Admit. 1. A written request which a party, at
the case in replevin and similar actions.
any time after issues have been joined, may
serve upon any other party for the admis- Res adjudicata. Essential requisites: (a)
sion by the latter of the genuineness of any There must be a final judgment or order; (b)
relevant documents described in and exhib- said judgment or order must be on the mer-
ited with the request or of the truth of any its; (c) the court rendering the same must
relevant matters of fact set forth in the re- have jurisdiction over the subject matter and
quest. Copies of the documents shall be de- the parties; and (d) there must be bet. the 2
livered with the request unless copies have cases identity of parties, identity of subject
already been furnished. [Sec. 1, Rule 26, matter and identity of cause of action. [Mla.
RoC]. 2. Written statements of facts con- Golf & Country Club, Inc., GR 64948. Sep.
cerning a case which are submitted to an 27, 1994].
adverse party and which that party must
Res gestae. Lat. Things done. Those excla-
admit or deny; a discovery device.
mations and statements made by either the
Request for subpoena or production of participants, victims, or spectators to a crime
documents. 1. A formal request made by a immediately before, during, or immediately
party who desires the production of docu- after the commission of the crime, when the
ments for the issuance of the necessary circumstances are such that the statements
subpoena duces tecum at least 3 days be- were made as a spontaneous reaction or ut-
fore the scheduled hearing. [Sec. 7, AO 23 terance inspired by the excitement of the
dated Dec. 17, 1992]. 2. A direction or occasion and there was no opportunity for
command served upon another party for the declarant to deliberate and to fabricate a
production of specified documents for re- false statement. [People v. Sanchez, GR
view with respect to a suit; a discovery de- 74740. Aug. 28, 1992].
vice.
Res gestae. Elements: (a) There must be a
Request to admit. See Request for Admis- startling occurrence [enough to produce
sion. nervous excitement and to keep the will
dormant so far as any deliberation in con-
Requisition and issue voucher (RIV). A
cocting matters for speech or selecting
voucher used in the requisition of supplies
words is concerned]; (b) the statement must
or property carried in stock. [IRR on Supply
relate to the circumstances of the startling
occurrence; and (c) the statement must be
RERB. See Resident Election Registration made before the declarant had time to con-
Board. trive or devise. [Sec. 42, Rule 130, RoC].
Res. Lat. A thing. The vessel or cargo to which Res gestae. One which a declaration made
a maritime lien attaches. spontaneously after a startling occurrence is
deemed to be a part of when: (a) the princi-
Res adjudicata. A common but indefensible pal act, the res gestae is a startling occur-
misspelling of res judicata. The latter term
rence; (b) the statements were made before
designates a point or question or subject the declarant had time to contrive or devise;

853
and (c) the statements concern the occur- Res ipsa loquitur. Lat. The thing speaks for
rence in question and its immediately at- itself. Doctrine of Torts and Damages. 1.
tending circumstances. [Zarate v. RTC, GR Where the thing which caused the injury
152263, July 3, 2009]. complained of is shown to be under the
management defendant or his servants and
Res gestae doctrine. Lat. Things done. Doc-
the accident is such as in the ordinary
trine that is a recognized exception to the
course of things does not happen if those
rule against hearsay evidence based on the
who have its management or control use
belief that, bec. certain statements are made
proper care, it affords reasonable evidence,
naturally, spontaneously, and without delib-
in absence of explanation by defendant, that
eration during the course of an event, they
the accident arose from want of care. [Africa
leave little room for misunderstanding or
v. Caltex, GR L-12986. Mar. 31, 1966]. 2.
misinterpretation upon hearing by someone
Rebuttable presumption or inference that
else, i.e., by the witness, who will later re-
defendant was negligent, which arises upon
peat the statement to the court, and thus the
proof that [the] instrumentality causing injury
courts believe that such statements carry a
was in defendant's exclusive control, and
high degree of credibility.
that the accident was one which ordinary
Res inter alios acta aliis non nocet. Lat. The does not happen in absence of negligence.
act and declaration of one cannot and
Res ipsa loquitur. Requisites: A rule of evi-
should not harm others.
dence whereby negligence of the alleged
Res inter alios acta alteri nocere non debet. wrongdoing may be inferred from the mere
Lat. Things done bet. strangers ought not to fact that the accident happened, provided
injure those who are not parties to them. that: (a) the occurrence is the kind of thing
[People v. Tena, GR 100909. Oct. 21, 1992, that does not ordinarily happen without neg-
5th Ed., 1979, p. 1178]. ligence; (b) the occurrence must have been
caused by an agency or instrumentality with-
Res inter alios acta nobis nec nocet, nec in the exclusive control of the defendant; (c)
prodest. Lat. A transaction bet. 2 parties the occurrence was not due to contribution
ought not to operate to the prejudice of a 3rd or voluntary action by the plaintiff; it is used
person. [Tinitigan v. Tinitigan, GR L-45418. to state the fact that the situation itself im-
Oct. 30, 1980].
plies negligence or a duty to compensate
Res inter alios acta nocere non debet. Lat. whether negligence is in fact proved or not;
Things done bet. strangers ought not to in- it is a rebuttable presumption that defendant
jure those who are not parties to them. [Na- was negligent, which arises upon proof that
pocor v. NLRC, GR 90933-61. May 29, 1997 the instrumentality causing injury was in de-
1178, 5th Ed., 1979]. fendant's exclusive control, and that the ac-
cident was one which ordinarily does not
Res inter alios acta rule. Evid. [The rule that] happen in absence of negligence. [Rodri-
an extrajudicial confession is binding only on guez v. CA, GR 121964. June 17, 1997].
the confessant, is not admissible against his
or her co-accused and is considered as Res ipsa loquitur doctrine. Lat. The thing
hearsay against them. [Tamargo v. Aw- itself speaks. A doctrine of law that one is
ingan, GR 177727, Jan. 19, 2010]. presumed to be negligent if he had exclu-
sive control of whatever caused the injury
Res inter alios judicatae nullum aliis even though there is no specific evidence of
praejudicium faciunt. Lat. Matters ad- an act of negligence, and without negligence
judged in a cause do not prejudice those the accident would not have happened.
who were not parties to it. [Tan v. Barrios
GR 85481-82. Oct. 18, 1990]. Res judicata. Lat. A matter adjudged [or set-
tled by judgment]. 1. The rule that a final

854
judgment or decree on the merits by a court consuming and expense-producing for the
of competent jurisdiction is conclusive of the state as well. The ordeal of a criminal pros-
rights of the parties or their privies in all later ecution is inflicted only once, not whenever
suits on points and matters determined in it pleases the state to do so. [Fernando, The
the former suit. [Gutierrez v. CA, GR 82475. Consti. of the Phils., 2nd Ed., pp. 722-723].
Jan. 28, 1991, p. 1470 (Rev. 4th Ed., 1968)].
Res nullius. Lat. Nobody‘s property. Things
2. A rule of civil law that once a matter has
which have no owners or which have been
been litigated and final judgment has been
intentionally abandoned by their owners.
rendered by the trial court, the matter cannot
be relitigated by the parties in the same Res perit domino. Lat. The thing perishes for
court, or any other trial court. A court will the owner. The maxim refers to the contrac-
use res judicata to deny reconsideration of a tual principle that risk in the goods pass with
matter. 3. It is governed by Rule 39, Sec. ownership.
47(b) of the Rules of Court. [Kilosbayan v.
Res perit domino doctrine. Lat. The thing is
Morato, GR 118910. July 17, 1995]. Also
Preclusion of claims. lost to the owner. The doctrine that states
that when a thing is lost or destroyed, it is
Res judicata. Elements: (a) The former judg- lost to the person who was the owner of it at
ment must be final; (b) the court which ren- the time.
dered it had jurisdiction over the subject
matter and the parties; (c) it must be a Res perit domino suo. Lat. 1. The owner
judgment on the merits; and, (d) there must bears the risk of loss. 2. The destruction of
be bet. the 1st and the 2nd actions identity the thing is the loss of its owner. [2 Bouv.
Inst. n. 1456, 1466].
of parties, subject matter and causes of ac-
tion. [Mangoma v. CA, GR 99375. Feb. 1, Res publicae. Lat. Public Dominion. [Rep. v.
1995]. Iglesia ni Cristo, GR 180067, June 30,
2009].
Res judicata doctrine. The doctrine [that] has
2 aspects. The 1st is the effect of a judg- Rescind. 1. To declare a contract void in its
ment as a bar to the prosecution of a 2nd inception and to put an end to it as though it
action upon the same claim, demand or never were. [Ocampo v. CA, GR 97442.
cause of action. The 2nd aspect is that it June 30, 1994, 4th Ed., p. 1471]. 2. To abro-
precludes the relitigation of a particular fact gate or cancel a contract putting the parties
or issues in another action bet. the same in the same position they would have been
parties on a different claim or cause of ac- in had there been no contract.
tion. [Lopez v. Reyes, GR L-29498, Mar. 31,
1977]. Rescissible. Capable of being rescinded.
Res judicata in prison grey. 1. The doctrine Rescissible contract. A contract validly
of double jeopardy [which] protects the ac- agreed upon bec. all the essential requisites
cused from harassment by the strong arm of are present, but by reason of injury or dam-
the State. [Tan v. Barrios, GR 85481-82 Oct. age to one of the parties or even to a 3rd
18, 1990]. 2. The constitutional mandate person, the contract may be rescinded. [Di-
[which is] a rule of finality [wherein] a single az, Bus. Law Rev., 1991 Ed., p. 83].
prosecution for any offense is all [that] the Rescissible contracts. Contracts which, un-
law allows. It protects an accused from harder Art. 1381 of the Civ. Code, are rescissi-
assment, enables him to treat what had ble, viz: (a) Those which are entered into by
transpired as a closed chapter in his life, ei- guardians whenever the wards whom they
ther to exult in his freedom or to be resigned represent suffer lesion by more than 1/4 of
to whatever penalty is imposed, and is a bar the value of the things which are the object
to unnecessary litigation, in itself time- thereof; (b) those agreed upon in represen-

855
tation of absentees, if the latter suffer the le- creditors are deprived by the transaction of
sion stated in the preceding number; (c) all means by which they may effect collec-
those undertaken in fraud of creditors when tion of their claims. [Bobis v. Provl. Sheriff of
the latter cannot in any other manner collect Camarines Norte, GR L-29838. Mar. 18,
the claims due them; (d) those which refer to 1983].
things under litigation if they have been en-
Rescissory action. See Acción pauliana.
tered into by the defendant without the
knowledge and approval of the litigants or of Research. 1. A careful hunting for facts or
competent judicial authority; (e) all other truth about a subject; inquiry; investigation.
contracts specially declared by law to be 2. The development of knowledge with the
subject to rescission. [Art. 1381, CC]. aim of understanding health challenges and
mounting an improved response to them.
Rescission. 1. A subsidiary action which can-
This covers the full spectrum of research in
not be instituted except when the party suf-
5 generic areas of activity: (a) measuring the
fering damage has no other legal means to
problem; (b) understanding its cause(s); (c)
obtain reparation for the same and shall be
elaborating solutions; (d) translating the so-
only to the extent necessary to cover the
lutions or evidence into policy, practice and
damages caused. It creates the obligation to
products; and (e) evaluating the effective-
return the things which were the object of
ness of solutions. [Sec. 3, RA 10532].
the contract, together with their fruits, and
the price with its interest; consequently, it Reserva troncal. Succ. It is a system of
can be carried out only when he who de- reserva by virtue of which an ascendant who
mands rescission can return whatever he inherits from his descendant property which
may be obliged to restore. [Art. 1383, 1384 the latter may have acquired by gratuitous
& 1385, CC]. 2. A relief which the law grants title from another ascendant, or a brother or
on the premise that the contract is valid for a sister, is obliged to reserve such property
the protection of one of the contracting paras he may have acquired by operation of
ties and 3rd persons from all injury and law for the benefit of relatives who are within
damage that contract may cause, or to pro- the 3rd degree and who belong to the line
tect some incompatible and preferential right from which said property came. [Art. 891,
created by the contract. [Aquino v. Tañedo, CC].
GR L-12457 Jan. 22, 1919]. 3. The unmak-
ing or undoing of a contract; repeal. Reserva troncal. Succ. Persons involved: (a)
The ascendant or brother or sister from
Rescission. Requisites: (a) There must be a whom the property was received by the de-
case established by law, meaning the con- scendant by lucrative or gratuitous title; (b)
tract is rescissible by law; (b) there is no the descendant or prepositus (propositus)
other legal remedy; (c) the party asking for who received the property; and (c) the res-
rescission must be in a position to return ervor [reservista], the other ascendant who
what he has received under the contract; obtained the property from the prepositus by
and (d) the object of the contract must not operation of law and (d) the reservee [res-
be in the possession of a 3rd person who ervatario] who is within the 3rd degree from
acted in good faith. [Diaz, Bus. Law Rev., the propositus and who belongs to the line
1991 Ed., p. 84]. (linea o tronco) from which the property
came and for whom the property should be
Rescission in fraud of creditors. In order
reserved by the reservor. [Solivio v. CA, GR
that a contract may be rescinded as in fraud
83484. Feb. 12, 1990].
of creditors, it is essential that it be shown
that: (a) both contracting parties have acted Reserva troncal. Succ. Requisites: (a) A de-
maliciously and with fraud; (b) the purpose scendant inherited or acquired by gratuitous
therefor is to prejudice said creditors; (c) the title property from an ascendant or from a

856
brother or sister; (b) the same property is in- year and which would otherwise require de-
herited by another ascendant or is acquired ficiency appropriations.
by him by operation of law from the said de-
Reservista. Succ. The 3rd person involved in
scendant, and (c) the said ascendant should
reserva troncal who is obliged to reserve the
reserve the said property for the benefit of
property for the benefit of relatives of the
relatives who are within the 3rd degree from
descendant propositus who are within the
the deceased descendant [propositus] who
3rd degree and who belong to the line from
belong to the tine from which the property
which said property came. [Jurado, Com-
came. [Gonzales v. CFI Branch V, GR L-
34395, May 19, 1981].
260]. Also known as Ascendant-reservista.
Reservation. 1. Any tract/s of the public do-
Resettlement areas. Areas identified by the
main proclaimed by the Pres. of the Phils.
appropriate natl. agency or by the LGU with
for govt. use or any of its branches or in-
respect to areas within its jurisdiction, which
strumentalities or of the inhabitants thereof,
shall be used for the relocation of the un-
for public or quasi-public uses or purposes.
derprivileged and homeless citizens. [Sec.
The different reservations are: (a) civil; (b)
3, RA 7279].
forest; (c) military; and (d) watershed. 2. A
withdrawal of a specified portion of the pub- Residence. 1. The place where he [defendant]
lic domain from disposal under the land laws is habitually present, and from which when
and the appropriation thereof, for the time he departs, he intends to return. Equivalent
being, to some particular use or purpose of to the term permanent abode and to the
the general govt. word home in the sense of a house to which
one, whenever absent, intends to return.
Reservatorios. Succ. The 4th person or per-
[Arevalo v. Quilatan, GR L-57892. Sep. 21,
sons involved in reserva troncal who are
1982]. 2. A place of abode, whether perma-
relatives of the descendant-propositus for
nent or temporary; domicile denotes a fixed
whose benefit the reservation is established.
permanent residence to which when absent,
Such relatives must be legitimate relatives
one has the intention of returning. [Nuval v.
of the descendant-propositus within the 3rd
Guray GR L-30241 Dec. 29, 1928]. 3. The
degree; they must belong to the line from
place or places of abode of the licensed citi-
which the reservable property came; and,
zen as indicated in his/her license. [Sec. 3,
they must survive the ascendant-reservista.
RA 10591]. 4. Elec. Law. As used in the law
[Jurado, Comments & Jurisp. on Succ.,
prescribing the qualifications for suffrage
1991 8th Ed., p. 262].
and for elective office, [the term] is doctrinal-
Reserve Officers' Training Corps (ROTC). A ly settled to mean ―domicile,‖ importing not
program institutionalized under Sec. 38 and only an intention to reside in a fixed place
39 of RA 7077 designed to provide military but also personal presence in that place,
training to tertiary level students in order to coupled with conduct indicative of such in-
motivate, train, organize and mobilize them tention] inferable from a person‘s acts, activ-
for natl. defense preparedness. [Sec. 3, RA ities, and utterances. [Abella v. Comelec,
9163]. GR 100710 & 100739, Sep. 3, 1991]. See
Domicile.
Reserved land. A public land that has been
withheld or kept back from sale or disposi- Residence of a corporation. The place where
tion. [Natl. Devt. Co. v. Cebu City, GR a corp. exercises corporate functions; that it
51593. Nov. 5,]. is considered as dwelling in the place where
its business is done; as being located where
Reserves appropriations. Amount set aside
its franchises are exercised; and as being
to provide for contingencies and emergen-
present where it is engaged in the prosecu-
cies which may arise later in the calendar
tion of the corporate enterprise; that a for-

857
eign corp. licensed to do business in a state Resident foreign. A foreign corp. not other-
is a resident of any country where it main- wise organized under the laws of the Phils.
tains an office or agent for transaction of its but engaged in trade or business within the
usual and customary business for venue Phils. [Sec. 131, RA 7160].
purposes; and that the necessary element in
Resident foreign corporation. A foreign corp.
its signification is locality of existence.
engaged in trade or business within the
[Northwest Orient Airlines, Inc. v. CA, GR
Phils. [Sec. 22, NIRC, as amended].
112573. Feb. 9, 1995].
Residential. Designed for people to live in.
Resident. One living in or occupying residen-
tial land or one intended to be his home or Residential care facility. Facility which pro-
residence. Under the Urban Land Reform vides 24 hour residential care services op-
Act (PD 1517), one who utilizes a place as erated primarily for the purpose of promoting
his home. the well-being of abandoned, neglected, un-
attached or homeless senior citizens. The
Resident agent. 1. Corp. Law. (a) An individ-
facility may be run by govt. or non-stock
ual, who must be of good moral character
non-profit org. and is accredited by the
and of sound financial standing, residing in
DSWD to serve a minimum of 10 clients.
the Phils.; or (b) A domestic corp. lawfully
[Art. 5, IRR of RA 9994].
transacting business in the Phils., designat-
ed in a written power of attorney by a for- Residential land. Land principally devoted to
eign corp. authorized to do business in the habitation. [Sec. 3, PD 464].
Phils. 2. Ins. An insurance agent duly ap-
pointed by a foreign insurer or broker not Residential real property. Any real property,
the use of which is limited by law to primarily
authorized to do business in the Phils. to re-
ceive in its behalf notices, summons and le- residential purposes. [Sec. 3, RA 9904].
gal processes in connection with actions or Residential unit. 1. An apartment, house
other legal proceedings against such foreign and/or land on which another‘s dwelling is
insurer or broker. [Sec. 314, IC]. located and used for residential purposes
Resident agent. Purpose of appointing: The and shall include not only buildings, part or
appointment of a resident agent is required units thereof used solely as dwelling places,
for the purpose of accepting and receiving, boarding houses, dormitories, rooms and
bedspaces offered for rent by their owners,
on behalf of the foreign corp.: (a) notice af-
fecting the corp. pending the establishment except motels, motel rooms, hotels, hotel
of its local office and (b) summons and other rooms, but also those used for home indus-
tries, retail stores or other business purpos-
legal processes in all proceedings for or
against the corp. es if the owner thereof and his or her family
actually live therein and use it principally for
Resident alien. An individual whose resident dwelling purposes. [Sec. 3, RA 9653]. 2. An
is within the Phils. and who is not a citizen apartment, house and/or land on which an-
thereof. [Sec. 22, NIRC, as amended]. other's dwelling is located used for residen-
tial purposes and shall include not only
Resident Election Registration Board
buildings, parts or units thereof used solely
(RERB). The in-house Election Registration
as dwelling places, except motels, motel
Board in every post and in the OFOV, which
rooms, hotels, hotel rooms, boarding hous-
processes, approves or disapproves all ap-
es, dormitories, rooms and bedspaces of-
plications for registration and/or certification
fered for rent by their owners, but also those
as overseas voters, incl. the deactivation,
used for home industries, retail stores or
reactivation and cancellation of registration
other business purposes if the owner thereof
records. [Sec. 2, RA 10590].
and his family actually live therein and use it

858
principally for dwelling purposes. [Sec. 2, BP the general welfare of the people. It is
877]. founded on the duty of the Pres., as steward
of the people. It is not only the power of the
Residents. Natural persons who have their
Pres. but also his duty to do anything not
habitual residence in the province, city, or
forbidden by the Consti. or the laws that the
municipality where they exercise their civil
needs of the nation demand. It is a power
rights and fulfill their civil obligations, and to
borne by the President's duty to preserve
juridical persons for which the law or any
and defend the Consti. It also may be
other provisions creating or recognizing
viewed as a power implicit in the President's
them fixes their residence in a particular
duty to take care that the laws are faithfully
province, city, or municipality. In the ab-
executed. [Marcos v. Manglapus, GR
sence of such law, juridical persons are res-
88211. Sep. 15, 1989].
idents of the province, city, or municipality
where they have their legal residence or Residual prerogatives. Rem. Law. The gen-
principal place of business or where they eral residual powers of the courts to dismiss
conduct their principal business or occupa- an action motu proprio upon the grounds
tion. [Sec. 131, RA 7160]. mentioned in Sec. 1 of Rule 9 of the RoC
and under authority of Sec. 2 of Rule 1 of
Residual. Remaining after the greater part or
the same rules. [Katon v. Palanca, Jr., GR
quantity has gone.
151149 Sep. 7, 2004]. Compare with Re-
Residual jurisdiction. Rem. Law. An exten- sidual jurisdiction.
sion of the orig. jurisdiction of the trial court
Residuary estate. That which remains after
for certain specific purposes after the per-
debts and expenses of the administration,
fection of the appeal but before transmittal
legacies and devisees have been satisfied.
of the orig. record to the appellate court.
Compare with Residual prerogatives. Residue. 1. Any foreign substance incl. me-
tabolites, therapeutic or prophylactic agents
Residual jurisdiction of the court. Rem.
which are objectionable or hazardous to
Law. The jurisdiction retained by the trial
human health remaining in the meat or meat
court prior to the transmittal of the orig. rec-
products as a result of treatment or acci-
ord to the appellate court: a. To issue orders
dental exposure. [Sec. 4, RA 9296]. 2. Succ.
for the preservation of the rights of the par-
The surplus of a testator‘s estate remaining
ties, which do not involve any matter litigat-
after all debts and particular legacies have
ed by appeal; b. To approve compromise
been discharged.
prior to transmittal of records; c. To permit
appeals by an indigent; d. To order execu- Resign. 1. To voluntarily leave a job or other
tion pending appeal in accordance with Sec. position. 2. To give up an office, power,
2, Rule 39, meaning that the motion for exe- privilege, etc.
cution was filed before the expiration of the
Resignation. Labor. 1. A formal pronounce-
period to appeal; and e. To allow withdrawal
ment or relinquishment of an office. It must
of the appeals.
be made with the intention of relinquishing
Residual powers of the President. Pol. Law. the office accompanied by an act of relin-
1. Such other powers and functions vested quishment. [Magtoto v. NLRC, GR L-63370
in the Pres. which are provided for under the Nov. 18, 1985]. 2. The voluntary act of an
laws and which are not specifically enumer- employee who finds himself in a situation
ated above, or which are not delegated by where he believes that personnel reasons
the Pres. in accordance with law [and] which cannot be sacrificed in favor of the exigency
[he] shall exercise, unless Congress proof the service, then he has no other choice
vides otherwise. [Sec. 20, Admin. Code of but to disassociate himself from his em-
1987]. 2. The power of the Pres. to protect ployment. [Intertrod Maritime, Inc. v. NLRC

859
GR 81087 June 19, 1991]. 3. An expression time. The time bet. erections (refractory pe-
by the incumbent in some form, express or riod) generally increases as men age while,
implied of the intention to surrender, rein contrast, many women are able to re-
nounce, or relinquish, the office, and an ac- spond to additional stimulation almost im-
ceptance by competent and lawful authority. mediately after orgasm. [Olarte, Legal Med.,
[Gonzales v. Hernandez, GR L-15482. May 1st Ed. (2004), p. 112].
30, 1961].
Resolution. Local Govt. 1. A declaration of the
Resignation letter. A letter written to an- sentiment or opinion of a lawmaking body
nounce the author's intent to leave a posi- on a specific matter. [Mascuñana v. Provl.
tion currently held, such as an office, em- Board of Negros Occ., GR L-27013 Oct. 18,
ployment or commission. 1977]. 2. It is temporary in nature. A 3rd
reading is not necessary for a resolution, un-
Resilience. The ability of a system, community
less decided otherwise by a majority of all
or society exposed to hazards to resist, ab-
the Sanggunian members. [Mun. of Para-
sorb, accommodate and recover from the ef-
ñaque v. VM Realty Corp., GR 127820. July
fects of a hazard in a timely and efficient
20, 1998]. Compare with Ordinance.
manner, incl. through the preservation and
restoration of its essential basic structures Resoluto jure dantis resolvitur jus accipi-
and functions. [Sec. 3, RA 10121]. entis. Lat. The right of the grantor being ex-
tinguished, the right granted is extinguished.
Resistance and disobedience to a person in
[Saul v. Hawkins, GR 66. May 1, 1902].
authority or the agents of such person.
Crim. Law. The felony committed by any Resolutory condition or Condition subse-
person who not being included in the provi- quent. One the happening of which will ex-
sions of Art. 148, 149 and 150 of the Rev. tinguish the obligation. [Diaz, Bus. Law
Penal Code shall resist or seriously disobey Rev., 1991 Ed., p. 10]. Compare with Sus-
any person in authority, or the agents of pensive condition.
such person, while engaged in the perfor-
Resolutory period. The obligation is valid up
mance of official duties. [Art. 151, RPC].
to a day certain and terminates upon the ar-
Resolution. Admin. Law. 1. An act of a special rival of the period.
or temporary character, not prescribing a
Resolutory period (in diem). The obligation
permanent rule of govt., but is merely de-
takes effect at once but terminates upon the
claratory of the will or opinion of a municipal
arrival of the period. [Diaz, Bus. Law Rev.,
corp. in a given matter, and in the nature of
1991 Ed., p. 16].
a ministerial or administrative act, and is not
a law. [Mascuñana v. Prov. Board of Negros Resource. A source of supply or support; an
Occ., GR L-27013. Oct. 18, 1977]. 2. The available means.
formal adoption of a motion.
Resource accounting. A process of tracking
Resolution. Civ. Law. The action referred to in changes in the environment and natural re-
Art. 1191 [of the New Civ. Code which] is sources biophysically and economically [in
based on the defendant‘s breach of faith, a monetary terms]. [Sec. 4, RA 8435].
violation of the reciprocity bet. the par-
ties. [Quirong v. DBP, GR 173441, Dec. 3, Resource rent. The difference bet. the value
2009]. Now called as Rescission (under the of the products produced from harvesting a
New Civ. Code). publicly owned resource less the cost of
producing it, where cost includes the normal
Resolution. Legal Med. A sense of well-being return to capital and normal return to labor.
and general muscular relaxation which fol- [Sec. 4, RA 8550].
lows orgasm. During resolution, men are
unable to have another erection for some

860
Resource-based. The utilization of natural servant [i.e., employer and employee] rela-
resources. [Sec. 4, RA 8435]. tionship. No such relationship exists bet. su-
perior officers of the military and their sub-
Resources. 1. In budgeting, a term frequently
ordinates. [Aberca v. Ver, GR L-69866. Apr.
used to refer to revenues, gross borrowings,
15, 1988]. 2. A legal principle which trans-
and free or unencumbered cash balances.
fers liability to the employer for the negligent
2. The actual assets of any agency of the
acts of his employee. [Torres, Oblig. &
Govt. such as cash, instruments represent-
Cont., 2000 Ed., p. 354]. 3. The doctrine that
ing or convertible to money, receivables,
holds that employers are responsible for the
lands, buildings, as well as contingent as-
acts and omissions of their employees and
sets, such as estimated revenues applying
agents, when done within the scope of the
to the current fiscal period not accrued or
employees' duties.
collected, and bonds authorized and unis-
sued. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Respondeat superior doctrine. Lat. Let the
master answer. A legal doctrine which
Resources reserve. An extensive and rela-
states that, in many circumstances, an em-
tively isolated and uninhabited are normally
ployer is responsible for the actions of em-
with difficult access designated as such to
ployees performed within the course of their
protect natural resources of the area for fu-
employment.
ture use and prevent or contain develop-
ment activities that could affect the resource Respondent. Rem. Law. 1. The person
pending the establishment of objectives against whom an appeal is taken. 2. The
which are based upon appropriate party that responds to a claim filed in court
knowledge and planning. [Sec. 4, RA 7586]. against them by a plaintiff. The more com-
mon term is defendant. The word is also
Respect for administrative or practical con-
used to refer to the party who wins at the 1st
struction doctrine. [In applying this doc-
court level but who must then respond to an
trine,] the courts often refer to several fac-
appeal launched by the party that lost the
tors which may be regarded as bases of the
case at the 1st court level [upon appeal, this
principle, as factors leading the courts to
latter person is called the appellant]. See
give the principle controlling weight in par-
Petitioner.
ticular instances, or as independent rules in
themselves. These factors are the respect Respondentia. Mar. Law. A loan of money on
due the governmental agencies charged maritime interest, on goods laden on board
with administration, their competence, ex- of a ship, which, in the course of the voyage
pertness, experience, and informed judg- must, from their nature, be sold or ex-
ment and the fact that they frequently are changed, upon this condition, that if the
the drafters of the law they interpret; that the goods should be lost in the course of the
agency is the one on which the legislature voyage, by any of the perils enumerated in
must rely to advise it as to the practical the contract, the lender shall lose his mon-
working out of the statute, and practical ap- ey; if not, that the borrower shall pay him the
plication of the statute presents the agency sum borrowed, with the interest agreed up-
with unique opportunity and experiences for on.
discovering deficiencies, inaccuracies, or
Respondentia loan. Mar. Law. A loan made
improvements in the statute. [Asturias v.
on the goods laden on board the ship, and
Comm. of Customs, GR L-19337, Sep. 30,
which are to be sold or exchanged in the
1969].
course of voyage, the borrowers personal
Respondeat superior. Lat. Let the master responsibility being deemed the principal
answer. 1. The doctrine of respondeat supe- security for the performance of the contract.
rior has been generally limited in its applica- [Tiopianco, Commentaries & Jurisp. on the
tion to principal and agent or to master and Ins. Code of the Phil., 1999 Ed., p. 104].

861
Response. Any concerted effort by 2 or more Rest. A party is said to rest or rest its case
agencies, public or private, to provide assis- when it has presented all the evidence it in-
tance or intervention during or immediately tends to offer.
after a disaster to meet the life preservation
Restatement. A publication which tells what
and basic subsistence needs of those peo-
the law is in a particular field, as compiled
ple affected and in the restoration of essen-
from statutes and decisions.
tial public activities and facilities. [Sec. 3, RA
10121]. Restaurant. 1. Any establishment duly li-
censed and with business permits issued by
Responsibility. The extent the actors have
the LGUs, offering to the public, regular and
been established by substantial evidence to
special meals or menu, fast food, cooked
have participated in whatever way, by action
food and short orders. Such eating-places
or omission, in an enforced disappearance,
may also serve coffee, beverages and
as a measure of the remedies this Court
drinks. This covers Quick-Service Restau-
shall craft, among them, the directive to file
rants or QSRs, Casual Dining and Fine Din-
the appropriate criminal and civil cases
ing Restaurants. [Art. 5, IRR of RA 9994]. 2.
against the responsible parties in the proper
Any place which provides food to the public
courts. [Razon v. Tagitis, GR 182498, Dec.
and accept orders from them at a price. This
3, 2009]. Compare with Accountability.
term includes caterers. [Sec. 1, PD 426].
Responsible cause. The approximate cause.
Restitutio in integrum. 1. Lat. Restoration in
[Ang v. Riz-Man Transit, Inc., 62 OG 420].
full. The principle requiring that the success-
Responsible officer. An officer spoken of ful plaintiff be fully compensated by the final
under the 1973 Consti. to whom the authori- judgment of the court for all the losses and
ty to issue arrest and search warrants may damages which the breach of contract or the
be delegated by legislation, who must pos- commission of the tort or delict caused him.
sess not only skill and competence but more It requires that the victim of the breach of
significantly, neutrality and independence contract or the tort or delict be placed in the
comparable to the impartiality presumed of a same position he was in before the harmful
judicial officer. [Presl. Anti-Dollar Salting event occurred. 2. Lat. Restitution to the
Task Force v. CA, GR 83578. Mar. 16, orig. position. In contract law, upon breach
1989]. of contract, the injured party may ask the
court to reverse the contract and revert the
Responsible parenthood. The will and ability
parties to their respective positions before
of a parent to respond to the needs and as-
the contract was accepted. But if the court
pirations of the family and children. It is
finds that restitutio in integrum is not possi-
likewise a shared responsibility bet. parents
ble bec. of actions or events occurring since
to determine and achieve the desired num-
the date of acceptance, then the court may
ber of children, spacing and timing of their
order that damages be paid instead.
children acc. to their own family life aspira-
tions, taking into account psychological pre- Restitution. Act of restoring anything to its
paredness, health status, sociocultural and rightful owner; the act of restoring someone
economic concerns consistent with their re- to an economic position he enjoyed before
ligious convictions. [Sec. 4, RA 10354]. he suffered a loss.
Responsible Parenthood and Reproductive Restoration. The return of something to a
Health Act of 2012. RA 10354 entitled ―An former owner, place, or condition.
Act providing for a Natl. Policy on Responsi-
Restorative. Having the ability to restore
ble Parenthood and Reproductive Health‖
health, strength, or a feeling of well-being.

862
Restorative justice. A principle which requires Restructured loan. A mortgage in which new
a process of resolving conflicts with the terms are negotiated.
maximum involvement of the victim, the of-
Restructuring. Converting the debt of a busi-
fender and the community. It seeks to obtain
ness in difficulty into another kind of debt.
reparation for the victim; reconciliation of the
offender, the offended and the community; Restructuring of electric power industry.
and reassurance to the offender that he/she The process of reorganizing the electric
can be reintegrated into society. It also en- power industry in order to introduce higher
hances public safety by activating the of- efficiency, greater innovation and end-user
fender, the victim and the community in pre- choice. It shall be understood as covering a
vention strategies. [Sec. 4, RA 9344]. range of alternatives enhancing exposure of
the industry to competitive market forces.
Restore. To return someone or something to a
[Sec. 4, RA 9136].
former condition, place, or position.
Result of the election. The net result of the
Restrict. To confine, limit or stop. [Phil. Assoc.
election in the rest of the precincts in a given
of Service Exporters, Inc. v. Torres, GR
constituency, such that if the margin of a
101279. Aug. 6, 1992].
leading candidate over that of his closest ri-
Restricted access records. Records which val in the latter precincts is less than the to-
access have been restricted bec. there ex- tal number of votes in the precinct where
ists a legal impediment and/or standard or there was failure of election, then such fail-
advice issued by the executive director [of ure would certainly affect the result of the
the Natl. Archives] that requires such public election; hence, a special election must be
records to be withheld from public access. held. [Lucero v. Comelec, GR 113107. July
[Sec. 4, RA 9470]. 20, 1994].
Restrictions. Conditions set forth in the usage Resulting trust. 1. A trust which is raised or
of property. [Memo. from the Exec. Sec. created by the act or construction of law, but
dated Aug. 20, 1998]. in its more restricted sense it is a trust
raised by implication of law and presumed
Restrictive. Imposing restrictions or limitations
always to have been contemplated of the
on someone's activities or freedom.
parties, the intention as to which is to he
Restrictive custody. Nominal restraint on the found in the nature of their transaction, but
movements or monitoring of the wherea- not expressed in the deed or instrument of
bouts of police officers under investigation conveyance. [Ramos v. Ramos, GR L-
by their superiors. [Ampatuan v. Judge 19872. Dec. 3, 1974]. Examples of resulting
Macaraig, GR 182497. June 29, 2010]. trusts are found in Art. 1448 to 1455 of the
Civ. Code. 2. A trust that is presumed by the
Restrictive indorsement. Nego. Inst. 1. An court from certain situations and from which
indorsement which either (a) prohibits the the court presumes an intention to create a
further negotiation of the instrument; or (b) trust; the law assumes that the property is
constitutes the indorsee the agent of the in-
not held by the right person and that the
dorser; or (c) vests the title in the indorsee in possessor is only holding the property in
trust for or to the use of some other persons. trust for the rightful owner. Also Implied
[Sec. 36, NIL]. 2. An indorsement which re- trust.
stricts the rights of subsequent holders.
Resume. The act of an intl. conference in
Restrictive sovereign immunity. Intl. Law.
reducing to writing the conclusions of its de-
Rule that a foreign state is not immune liberations on a particular subject.
when the cause of action for a suit is based
on conduct unrelated to the state's govern- Retail. A sale where the purchaser buys the
mental activities. commodity for his own consumption, irre-

863
spective of the quantity of the commodity capital dose not exceed P100,000.00; (b)
sold. [Sec. 131, RA 7160]. Sales by a farmer or agriculturist selling the
products of his farm; (c) Sales in restaurant
Retail. Elements which should concur for a
operations by a hotel owner or inn-keeper
sale to be considered as retail: (a) The seller
irrespective of the amount capital: provided,
should be habitually engaged in selling; (b)
that the restaurant is incidental to the hotel
the sale must be direct to the general public;
business; and (d) Sales which are limited
and (c) the object of the sale is limited to
only to products manufactured, processed
merchandise, commodities or goods for
or assembled by a manufactured, processed
consumption. [Marsman & Co., Inc. v. First
or assembled by a manufacturer though a
Coconut Central Co., Inc., GR L-39841.
single outlet, irrespective of capitalization.
June 20, 1988].
[Sec. 3, RA 8762].
Retail business. Any act, occupation or call-
Retailer. 1. A licensed establishment carrying
ing of habitually selling direct to the general
on the retail business of sale of drugs and
public merchandise, commodities or goods
medicines to customers. [Sec. 4, RA 9502].
for consumption, but shall not include: (a) a
2. A person engaged in the business of sell-
manufacturer, processor, laborer or worker
ing consumer products directly to consum-
selling to the general public the products
ers. [Art. 4, RA 7394]. 3. Any establishment
manufactured, processed, or produced by
which sells or offers to sell any health prod-
him if his capital does not exceed P5,000;
uct directly to the general public. [Sec. 9, RA
(b) a farmer or agriculturist selling the prod-
9711].
uct of his farm; (c) a manufacturer or pro-
cessor selling to the industrial and commer- Retained earnings. Also Earned surplus.
cial users or consumers who use the prod- Accumulated net income less distributions to
ucts bought by them to render service to the stockholders and transfers to paid-in capital
general public and/or to produce or manu- accounts. The accumulated amount of prof-
facture goods which are in turn sold to them; its and earnings of the business which has
(d) a hotel-owner or keeper operating a res- not been capitalized, offset by losses, or
taurant irrespective of the amount of capital, given out to stockholders as property divi-
provided that the restaurant is necessarily dends.
included in, or incidental to, the hotel busi-
Retainer. 1. Act of the client in employing the
ness. [Sec. 1, PD 714].
attorney or counsel, and also denotes the
Retail enterprise. One open to the general fee which the client pays when he retains
consuming public for the sale of goods that the attorney to act for him. 2. A contract bet.
are commonly bought by end-users for per- a lawyer and his client, wherein the lawyer
sonal or household use. [Sec. 1, PD 1634]. agrees to represent and provide legal advice
to the client, in exchange for money. The
Retail establishment. One principally en-
signed retainer begins the client-lawyer rela-
gaged in the sale of goods to end-users for
tionship from which flow many responsibili-
personal or household use. [Sec. 1, Rule 7,
ties and duties, primarily on the lawyer, incl.
Book 3, IRR of LC].
to provide accurate legal advice, to monitor
Retail trade. Any act, occupation or calling of limitation dates and to not allow any conflict
habitually selling direct to the general public of interest with the relationship with the cli-
merchandise, commodities or good for con- ent.
sumption, but the restriction of RA 8762
Retaining fee. A preliminary fee paid to en-
shall not apply to the following: (a) Sales by
sure and secure a lawyer's future services,
manufacturer, processor, laborer, or worker,
to remunerate him for being deprived, by be-
to the general public the products manufac-
ing retained by one party, of the opportunity
tured, processed or products by him if his
of rendering services to the other party and

864
of receiving pay from him. In the absence of adult retail and on-site medical services.
an agreement to the contrary, the retaining [Art. 5, IRR of RA 9994].
fee is neither made nor received in consid-
Retorsion. Intl. Law. Retaliation where the
eration of the services contemplated; it is
acts complained of do not constitute a legal
apart from what the client has agreed to pay
ground of offense but are rather in the na-
for the services which he has retained him
ture of unfriendly acts done primarily in pur-
to perform. [Research and Services Realty,
suance of legitimate state interests but indi-
Inc. v. CA, GR 124074. Jan. 27, 1997].
rectly hurtful to other states. [Cruz, Intl. Law
Retire. To leave one's job and cease to work, Reviewer, 1996 Ed., p. 125].
typically upon reaching a certain age.
Retorsions. Intl. Law. Unfriendly but legal acts
Retired. Having left one's job and ceased to in retaliation for another‘s unfriendly actua-
work. tions. Examples are discriminatory tariffs.
[Fenwick, Intl. Law, p. 433].
Retired shares. Corp. Law. Shares which
have been withdrawn and have disappeared Retract. To take back; To retract an offer is to
altogether. [Diaz, Bus. Law Rev., 1991 Ed., withdraw it before acceptance. [Alonte v.
p. 250]. Savellano, GR 131652. Mar. 9, 1998 6th Ed.
[1990]).
Retiree. Health Ins. A member of the Natl.
Health Insurance Program who has reached Retraction. In law of defamation, a formal
the age of retirement as provided for by law recanting of the defamatory material; in pro-
or who was retired on account of permanent bate practice, a withdrawal of a renuncia-
disability as certified by the employer and tion. [Alonte v. Savellano, GR 131652. Mar.
the PhilHealth. [Sec. 3, RA 10606]. 9, 1998 6th Ed. (1990)].
Retirement. Labor. The result of a bilateral act Retracto legal de comuneros. Sp. Right of
of the parties, a voluntary agreement bet. legal redemption. [De Conejero v. CA, GR
the employer and the employees whereby L-21812. Apr. 29, 1966]. Also Retracto co-
the latter after reaching a certain age agrees muneros.
and/or consents to severe his employment
Retreat. Withdrawal. In combat, there is a
with the former. [Soberano v. Sec. of Labor,
wide difference bet. a withdrawal and a re-
GR L-43753-56 & L-50991. Aug. 29, 1980].
treat. The former is an abandonment of the
Retirement and Life Insurance Premiums. struggle by one of the parties, while the lat-
The share of the natl. govt. in the premium ter may be and often is a continuance of
payments to GSIS, for the life insurance and hostilities.
retirement benefit fund of govt. employees.
Retrench. 1. To cut down; reduce. 2. To re-
Retirement village. An independent-living move, delete, or omit.
facility, often with continuing-care amenities.
Retrenchment. Also Lay-off. Labor. 1. The
It refers to a residential community offering
termination of employment initiated by the
separate or autonomous houses for resi-
employer through no fault of the employees
dents. It is a retirement habitat with a multi-
and without prejudice to the latter, resorted
residence housing facility that is planned,
to by management during periods of busi-
designed and geared towards people who
ness recession, industrial depression, or
no longer work and are restricted to a cer-
seasonal fluctuations or during lulls occa-
tain age. It has particular conveniences ca-
sioned by lack of orders, shortage of materi-
tering to the wishes and desires of retirees,
als, conversion of the plant for a new pro-
which may include services such as club-
duction program or the introduction of new
houses, swimming pools, arts and crafts,
methods or more efficient machinery, or of
boating, walking trails, golf courses, active
automation. [Sebuguero v. NLRC, GR

865
115394 Sep. 27, 1995]. 2. An act of the em- rights; (d) when the laws are curative in
ployer of dismissing employees bec. of character; and (e) if a substantive right is
losses in the operation of a business, lack of declared for the 1st time.
work, and considerable reduction on the
Retroactive recognition rule. Intl. Law. Rule
volume of his business. [Sebuguero v.
that implies that a govt. was lawfully in pow-
NLRC, GR 115394 Sep. 27, 1995].
er prior to the time of its recognition.
Retrenchment. Labor. A valid exercise of
Retrocede. To cede territory back again.
management prerogative subject to the [fol-
lowing] strict requirements: (1) That the re- Retrocession. 1. A transaction whereby the
trenchment is reasonably necessary and reinsurer, in turn, passes to another insurer
likely to prevent business losses which, if al- a portion of the risk reinsured. It is really the
ready incurred, are not merely de mini- reinsurance of a reinsurance. 2. Amount of
mis, but substantial, serious, actual and real, the risk accepted by the reinsurer which is
or if only expected, are reasonably imminent then passed on to other reinsurance com-
as perceived objectively and in good faith by panies.
the employer; (2) That the employer served
written notice both to the employees and to Retrospect. A survey or review of a past
course of events or period of time.
the DOLE at least one month prior to the in-
tended date of retrenchment; (3) That the Retrospectant evidence. Such evidence
employer pays the retrenched employees which requires inference to look backward
separation pay equivalent to one month pay from the evidentiary fact to the alleged act.
or at least ½ month pay for every year of That is, taking a stand at the fact offered,
service, whichever is higher; (4) That the the inference is made that at some previous
employer exercises its prerogative to re- time, the act was or was not done. [People
trench employees in good faith for the ad- v. Agravante, GR 105402-04. Sep. 5, 1994].
vancement of its interest and not to defeat Also called Traces.
or circumvent the employees‘ right to securi-
ty of tenure; and (5) That the employer used Return. A report to a judge by police on the
fair and reasonable criteria in ascertaining implementation of an arrest or search war-
who would be dismissed and who would be rant. Also, a report to a judge in reply to a
retained among the employees, such as sta- subpoena, civil or criminal.
tus, x x x efficiency, seniority, physical fit- Return on equity. Net income after debt ser-
ness, age, and financial hardship for certain vice, expressed as a percentage of the
workers. [Asian Alcohol Corp. v. NLRC, GR owner‘s equity.
131108. Mar. 25, 1999].
Return on equity (ROE). The amount of net
Retroact. To act backward, or in return; to act income returned as a percentage of share-
in opposition; to be retrospective. holders equity. It measures a corp.'s profita-
Retroactive. Having reference to things that bility by revealing how much profit a compa-
happened in the past, prior to the occur- ny generates with the money shareholders
rence of the act in question. have invested. Also known as Return on
net worth (RONW).
Retroactive laws. Laws which, as exceptions
to Art. 4 of the Civ. Code, shall have retroac- Return on investment (ROI). 1. Return on
tive effect under any of the following circum- invested capital. 2. Amount earned per year
stances: (a) if the laws themselves provide on an investment, usu. expressed as a per-
for retroactivity; (b) if the laws are remedial centage.
or penal in nature and the same is favorable Return on net worth (RONW). See Return
to the accused; (c) when the laws are pro- on equity (ROE).
cedural and do not affect or change vested

866
Return-to-work order. Labor. The order of the and, as such, accrue more or less regularly
Sec. of Labor and Employment assuming ju- every year. [Sec. 14, PD 477]. 3. All the
risdiction over a labor dispute and deciding it funds or income derived by the govt.,
or certifying the same to the NLRC for com- whether from tax or from whatever source
pulsory arbitration, which assumption or cer- and whatever manner. [De Leon, Funda-
tification shall have the effect of automatical- mentals of Taxation, 2000 Ed., p. 20].
ly enjoining the intended or impending strike
Revenue bill. A bill filed in Congress propos-
or lockout as specified in the assumption or
ing to levy taxes and raise funds for the
certification order or, if one has already tak-
govt.
en place at the time of assumption or certifi-
cation, ordering all striking or locked out Revenue funds. All funds deprived from the
employees to immediately return to work income of any agency of the Govt. and
and the employer to immediately resume available for appropriation or expenditure in
operations and readmit all workers under accordance with law. [Sec. 2, Chap. 1 Subti-
the same terms and conditions prevailing tle B, EO 292].
before the strike or lockout. [Art. 263, LC].
Revenue program. Target collection by tax
Revaluation increment. The excess of sound and non-tax accounts of collecting agencies.
value over net book value. [RCPI v. Natl.
Wages Council, GR 93044. Mar. 26, 1992]. Reversal. 1. An action of a higher court in
setting aside or revoking a lower court deci-
Revealing secrets with abuse of office. sion. 2. The annulling or setting aside by an
Crim. Law. The felony committed by any appellate court of a decision of a lower
manager, employee, or servant who, in such court.
capacity, shall learn the secrets of his prin-
cipal or master and shall reveal such se- Reversales. Intl. Law. Fr. Declarations that an
crets. [Art. 291, RPC]. error in etiquette or in the draftsmanship of a
treaty should not be considered as a prece-
Revelation of industrial secrets. Crim. Law. dent. [Suarez, Pol. Law Reviewer, 1st Ed.,
The felony committed by the person in 2002, p. 1059].
charge, employee or workman of any manu-
facturing or industrial establishment who, to Reverse. To revoke or annul a decision or
the prejudice of the owner thereof, shall re- decree.
veal the secrets of the industry of the latter. Reverse reciprocity of foreign law. Intel.
[Art. 292, RPC]. Prop. Any condition, restriction, limitation,
Revelation of secrets by an attorney or diminution, requirement, penalty or any simi-
lar burden imposed by the law of a foreign
solicitor. See Betrayal of trust by an at-
torney or solicitor. country on a Phil. national seeking protec-
tion of intellectual property rights in that
Revelation of secrets by an officer. Crim. country, shall reciprocally be enforceable
Law. The felony committed by any public of- upon nationals of said country, within Phil.
ficer who shall reveal any secret known to jurisdiction. [Sec. 231, IPC].
him by reason of his official capacity, or
shall wrongfully deliver papers or copies of Reversible error. 1. A legal mistake at the trial
papers of which he may have charge and court level which is so significant [resulted in
which should not be published. [Art. 229, an improper judgment] that the judgment
RPC]. must be reversed by the appellate court. A
reversible error is distinguished from an
Revenue. 1. A cash inflow which does not error which is minor or did not contribute to
increase the liability of the govt. 2. Income the judgment at the trial. 2. A procedural
derived from the regular system of taxation error during a trial or hearing sufficiently
enforced under authority of law or ordinance

867
harmful to justify reversing the judgment of a known as the Forestry Reform Code of the
lower court. Phils.‖ signed into law on May 19, 1975.
Reversion. Prop. 1. An action where the ulti- Revised Penal Code, The. Act 3815 entitled
mate relief sought is to revert the land back ―An Act revising the Penal Code and other
to the govt. under the Regalian doctrine. penal laws‖ enacted on Dec. 8, 1930 and
[Rep. v. Mangotara, GR 170375, GR took effect on Jan. 1, 1932.
170505, GR 173355-56, GR 173401, GR
Revision. A revamp or rewriting of the whole
173563-64, GR 178779, GR 178894, July 7,
instrument. [Cruz, Constl. Law, 1998 Ed., p.
2010]. 2. An action which seeks to restore
11]. Compare with Amendment.
public land fraudulently awarded and dis-
posed of to private individuals or corps. to Revision of ballots. The recount of ballots
the mass of public domain. It bears to point through their physical count; the segregation
out, though, that the Court also allowed the of ballots for the protestant, the protestee
resort by the Govt. to actions for reversion to and other candidates for the same position
cancel titles that were void for reasons other and the recording of the objections and
than fraud, i.e., violation by the grantee of a claims to these ballots. [Sec. 3, Rule 1, AM
patent of the conditions imposed by law. 10-4-1-SC, May 4, 2010].
[Estate of Yujuico v. Rep., GR 168661, Oct.
26, 2007]. Revival of wills. The restoration to validity of a
previously revoked will by operation of law.
Reversion. Succ. The residue of an estate left It differs from republication in that it takes
in the grantor, to commence in possession place by operation of law, while the latter
after the determination of some particular takes place by the act of the testator. [Ju-
estate granted out by him; it is also defined rado, Comments & Jurisp. on Succ., 1991
to be the return of land to the grantor, and 8th Ed., p. 131].
his heirs, after the grant is over.The rever-
Revive. To restore to consciousness or life; to
sion arises by operation of law, and not by
deed or will, and it is a vested interest or es- bring back into currency; to render active,
tate, and in this it differs from a remainder, operative, valid or flourishing again.
which can never be limited unless by either Revocable. Capable of being revoked or can-
deed or devise. A reversion is said to be an celed.
incorporeal hereditament.
Revocable beneficiary. The person named in
Reversioner. Succ. One entitled to a rever- a policy to receive the proceeds at the death
sion. Although not in actual possession, the of the insured, the latter reserving to himself
reversioner having a vested interest in the the right to make future changes in the ben-
reversion, is entitled to his action for an inju- eficiary designation. [Tiopianco, Commen-
ry done to the inheritance. The reversioner taries and Jurisp. on the Ins. Code of the
is entitled to the rent, and this important in- Phil., 1999 Ed., p. 28].
cident passes with a grant or assignment of
the reversion. It is not inseparable from it, Revocable Letter of Credit. A Letter of Credit
and may be severed and excepted out of which may be revoked or modified by the is-
the grant by special words. suing bank, for any reason at any time,
without notification. It cannot be confirmed.
Review. A reconsideration or reexamination If a correspondent bank is engaged in a
for purposes of correction. [Phil. Gamefowl transaction involving a revocable Letter of
Comm. v. CA, GR 72969-70. Dec. 17, 1986, Credit, it serves as the advising bank.
Rev. 4th Ed., 1968, p. 1483].
Revocable permit. A permit issued for the
Revised Forestry Code of the Philippines. temporary occupation and use of a tract of
PD 705 entitled ―Revising PD 389, otherwise land not covered by a regular public land

868
application. [Castrillo's Law on Nat. Res., 6th RH. See Reproductive Health.
Ed. p. 81].
Rheumatic heart disease. A disease resulting
Revocable trust. A trust that the grantor may from rheumatic fever, marked by inflamma-
change or revoke. tion and disfigurement of the heart valves.
The heart valves are flap-like structures
Revocation. The state of being cancelled or
which like 1way doors, stand in the open-
annulled.
ings bet. the chambers of the heart. Their
Revocation of wills. 1. The physical act of function is to allow the passage of blood on-
destruction of a will coupled with animus ly forward. However, when deformed by dis-
revocandi on the part of the testator. It is not ease, they no longer form a perfect fit for the
imperative that the physical destruction be openings, and blood flaws backward as well
done by the testator himself. It may be per- as forward during the contraction of the
formed by another person but under the ex- heart. The amount of blood which flows
press direction and in the presence of the backward is lost to the forward stream. The
testator. [Maloto v. CA, GR 76464. Feb. 29, heart must, therefore, work much harder to
1988]. 2. An act of the mind, terminating the supply the body with the normal amount of
potential capacity of the will to operate at the blood. This, in turn, leads to other complica-
death of the testator, manifested by some tions. [Panangui v. ECC, GR L-56259. Mar.
outward or visible act or sign, symbolic 18, 1983].
thereof. [Jurado, Comments & Jurisp. on
Rheumatic heart failure. A sudden stoppage
Succ., 1991 8th Ed., p. 115].
of the action of the heart.
Revoke. To cancel or nullify a legal document.
Riachuelo. Sp. A small river with little current;
Revolution. 1. The complete overthrow of the a brook; an arroyo.
established govt. in any country or state by
Riba. The term has the meaning assigned to it
those who were previously subject to it. [In
by Islamic law and jurisprudence as ex-
Re: Puno, AM 90-11-2697-CA. June 29,
pounded by authoritative sources; in the
1992]. 2. A sudden, radical and fundamental
context of banking activities, the term in-
change in the govt. or political system, usu.
cludes the receipt and payment of interest in
effected with violence or at least some acts
the various types of lending and borrowing
of violence. [Ibid.]. 3. That which occurs
and in the exchange of currencies on for-
whenever the legal order of a community is
ward basis. [Sec. 44, RA 6848].
nullified and replaced by a new order a way
not prescribed by the 1st order itself. [Ibid.]. Rider. Also Endorsement. Ins. Agreements
not contained in the policy, but written on or
Revolutionary government. 1. A govt. that
attached to it. They are used to fit policies to
comes into existence in defiance of the ex-
individual circumstances. When they are
isting legal processes. [In Re: Puno, AM 90-
made part of the contract, they alter, amend,
11-2697-CA. June 29, 1992]. 2. A govt. insti-
extend, or restrict the coverage provided in
tuted by the direct action of the people and
the contract. [Sec. 50, IC].
in opposition to the authoritarian values and
practices of the overthrown govt. [Ibid.]. Rider. Legislation. 1. A provision which is alien
to the bill to which it is attached. [Gonzales
Revolver. A hand-operated firearm with a
v. Macaraig, GR 87636. Nov. 19, 1990]. 2. A
revolving cylinder containing chambers for
provision not germane to the subject matter
individual cartridges. [Sec. 3, RA 10591].
of the bill. [Lidasan v. Comelec, GR L-
Reword. To alter the wording of or to restate in 28089. Oct. 25, 1967].
other words. [Lokin v. Comelec, GR 179431-
Rifle. A shoulder firearm or designed to be
32, GR 180443, June 22, 2010].
fired from the shoulder that can discharge a

869
bullet through a rifled barrel by different ac- ditions precedent to the bringing of the ac-
tions of loading, which may be classified as tion; and (c) the right to bring and maintain
lever, bolt, or self-loading; [Sec. 3, RA the action must be in the person instituting
10591]. it. [Albano, Rem. Law Reviewer, 1st Ed., p.
73-74].
Right. In an abstract sense, it means justice,
ethical correctness, or consonance with the Right of equality as an attribute of states.
rules of law or the principles of morals. In a Intl. Law. The entitlement of every state to
concrete sense, a power, privilege, faculty, the same protection and respect as are
or demand, inherent in one person and inci- available to other states under the rules of
dent upon another. As an adjective, it intl. law. [Cruz, Intl. Law Reviewer, 1996
means just, morally correct, consonant with Ed., p. 58].
ethical principles or rules of positive law.
Right of first refusal. 1. A contractual grant,
Right against double jeopardy. The right not of the sale of a property, but of the 1st
which prohibits any subsequent prosecution priority to buy the property in the event the
of any person for a crime of which he has owner sells the same. [Rosencor Devt.
previously been acquitted or convicted. The Corp. v. Inquing, GR 140479, Mar. 8, 2001].
objective is to set the effects of the 1st pros- 2. A right that grants to the corp. or another
ecution forever at rest, assuring the accused stockholder the right to buy the shares of
that he shall not thereafter be subjected to stock of another stockholder at a fixed price
the peril and anxiety of a 2nd charge against and only valid if made on reasonable terms
him for the same offense. [People v. Ver- and consideration, except in the case of a
gara, GR 101557-58 Apr. 28, 1993]. close corp. where the right of first refusal is
required to be a feature to be found in the
Right against self-incrimination. A prohibi-
AOI. The right of first refusal can only arise
tion of the use of physical or moral compul-
by means of a contractual stipulation, or
sion, to extort communications from (a per-
when it is provided for in the AOI. When the
son). It is simply a prohibition against legal
by-laws provide a right of first refusal, it is
process to extract from the (accused)'s own
null and void. There is no authority to create
lips, against his will, admission of his guilt.
property restrictions in by-laws provisions.
[US v. Tan Teng, GR 7081 Sep. 7, 1912]
See also First refusal, Right of.
Right and wrong test. The test under which a
Right of innocent passage. The right of mer-
person is determined to be insane when he
chant vessels of other nations to peaceful
suffers from such perverted condition of the
transit not prejudicial to the good order or
mental and moral faculties as to render him
security of the coastal state. See Innocent
incapable of distinguishing bet. right and
passage.
wrong. [People v. Dungo, GR 89420. July
31, 1991]. Compare with Delusion test and Right of involuntary entrance. The right of
Irresistible impulse test. any foreign merchant vessel to enter the ter-
ritorial waters of a state in case of emergen-
Right in esse. A clear and unmistakable right.
cy such as lack of provisions, unseaworthi-
[Phil. Leisure and Retirement Authority v.
ness of the vessel, inclement weather, pur-
CA, GR 156303, Dec. 19, 2007].
suit of pirates or other force majeure. See
Right of action. The right to commence and Involuntary entrance.
prosecute an action to obtain the relief
Right of privacy. The right to be let alone, like
sought. [Albano, Rem. Law Reviewer, 1st
the right of free expression, which is not an
Ed., p. 73]. Compare with Cause of action.
absolute right. A limited intrusion into a per-
Right of action. Elements: (a) Existence of a son's privacy has long been regarded as
cause of action; (b) performance of all con- permissible where that person is a public

870
figure and the information sought to be elic- concerted activities with co-workers for pur-
ited from him or to be published about him poses of collective bargaining through rep-
constitute matters of a public character. resentatives of their own choosing, or for
Succinctly put, the right of privacy cannot be their mutual aid and protection, i.e., the pro-
invoked to resist publication and dissemina- tection, promotion, or enhancement of their
tion of matters of public interest. The interest rights and interests. [Reyes v. Trajano, GR
sought to be protected by the right of privacy 84433. June 2, 1992].
is the right to be free from "unwarranted
Right of stoppage in transitu. The right exer-
publicity, from the wrongful publicizing of the
cised by the seller by stopping the delivery
private affairs and activities of an individual
of the goods to a certain buyer or consignee
which are outside the realm of legitimate
[bec. of insolvency] when such goods are al-
public concern.‖ Also Right to privacy.
ready in transit.
Right of redemption. 1. The right granted to
Right of suffrage. The right of every Filipino
the debtor-mortgagor, his successor-in-
to choose the leaders who will lead the
interest or nay judicial creditor of said debt-
country and participate, to the fullest extent
or-mortgagor or any person having a lien in
possible, in every natl. and local election x x
the property subsequent to its mortgage or
x. [Kabataan Party List v. Comelec, GR
deed of trust under which the property is
189868, Dec. 15, 2009].
sold to redeem the property within 1 year
from the registration of the sheriff‘s certifi- Right of way. An ancient concept, which date
cate of foreclosure sale. [Bench Book for back to the iter, actus, and via of the Ro-
Trial Court Judges, p. 2-91]. 2. . The right of mans. These servitudes are demanded by
the mortgagor to redeem the property within necessity, that is, to enable owners of iso-
one year from and after the date of sale. lated estates to make full use of their prop-
[Sec. 6, Act 3135]. Compare with Equity of erties, which lack of access to public roads
redemption. has denied them. [Costabella Corp. v. CA,
GR 80511. Jan. 25, 1991].
Right of representation. Succ. A method of
distributing property under a will or trust Right of way. Requisites: The owner of an
whereby the issue in the nearest degree of estate may claim a compulsory right of way
kinship to the decedent take equal shares only after he has established the existence
and each group in a more remote degree of of 4 requisites, namely: (a) The estate is
kinship whose ancestor was in the nearest surrounded by other immovables and is
degree of kinship but predeceased the de- without adequate outlet to a public highway;
cedent takes, as a group, one equal share. (b) after payment of the proper indemnity;
See Representation, Right of. (c) the isolation was not due to the proprie-
tor's own acts; and (d) the right of way
Right of revolution. An inherent right of a
claimed is at a point least prejudicial to the
people to cast out their rulers, change their
servient estate, and in so far as consistent
policy or effect radical reforms in their sys-
with this rule, where the distance from the
tem of govt. or institutions by force or a gen-
dominant estate to a public highway may be
eral uprising when the legal and constitu-
the shortest. [Angela Estate, Inc. v. CFI Ne-
tional methods of making such change have
gros Occ., GR L-27084. July 31, 1968].
proved inadequate or are so obstructed as
to be unavailable. [In Re: Puno, AM 90-11- Right of way easement. 1. The right of the
2697-CA. June 29, 1992]. owner, or any person who by virtue of a real
right may cultivate or use any immovable,
Right of self-organization. It includes the
which is surrounded by other immovables
right to organize or affiliate with a labor un-
pertaining to other persons and without ad-
ion or determine which of 2 or more unions
equate outlet to a public highway, to de-
in an establishment to join, and to engage in

871
mand a right of way through the neighboring and (c) Demand is made in good faith or for
estates, after payment of the proper indem- a legitimate purpose.
nity. [Art. 649, CC]. 2. The right of a party to
Right to liberty. [It] include[s] the right to exist
pass over the land of another.
and the right to be free from arbitrary re-
Right of way rule. The general rule that the straint or servitude. The term cannot be
vehicle on the natl. highway has the right-of- dwarfed into mere freedom from physical
way as against a feeder road. Another gen- restraint of the person of the citizen, but is
eral rule is that the vehicle coming from the deemed to embrace the right of man to en-
right has the right-of-way over the vehicle joy the facilities with which he has been en-
coming from the left. The general rules on dowed by his Creator, subject only to such
right-of-way may be invoked only if both ve- restraint as are necessary for the common
hicles approach the intersection at almost welfare. [Sec. of Natl. Defense et al. v.
the same time. [Kapalaran Bus Line v. Manalo, GR 180906, Oct. 7, 2008].
Coronado, GR 85331. Aug. 25, 1989].
Right to life. Pol. Law. The right to be alive -
Right to appeal. 1. It is merely a statutory upon which the enjoyment of all other rights
right and not ordinarily a necessary part of is preconditioned - as guaranteed under Art.
due process, (and) may only be taken when III, Sec. 1 of the 1987 Consti. [Sec. of Natl.
the law so provides. [Aguilar & Casapao, v. Defense et al. v. Manalo, GR 180906, Oct.
Navarro, 55 Phil., 898; Duarte, v. Dade, 32 7, 2008].
Phil., 36]. 2. Being purely statutory, the par-
Right to present evidence. The opportunity
ties cannot, even by mutual agreement, con-
given a party to be heard which is covered
fer such right when the same does not exist
by the due process clause of the Consti.
by statutory authority. [Gonzales v. CA, GR
L-18255. Nov. 21, 1961]. Right to privacy. A right which belongs to the
individual acting in his private capacity and
Right to control. Labor. The right reserved to
not to a governmental agency or officers
the person for whom the services of the con-
tasked with, and acting in, the discharge of
tractual workers are performed, to determine
public duties. [Aquino-Sarmiento v. Morato,
not only the end to be achieved, but also the
GR 92541. Nov. 13, 1991]. Also Right of
manner and means to be used in reaching
privacy.
that end. [San Miguel Corp. v. Semillan, GR
164257, July 5, 2010]. Right to security of person. A guarantee of
the secure quality of life, viz: ―The life to
Right to dispose. The power of the owner to
which each person has a right is not a life
alienate, encumber, transform and even de-
lived in fear that his person and property
stroy the thing owned.
may be unreasonably violated by a powerful
Right to hold a public office. The just and ruler. Rather, it is a life lived with the assur-
legal claim to hold and enjoy the powers and ance that the govt. he established and con-
responsibilities of the office. [Francisco v. sented to, will protect the security of his per-
Men Abad, GR L-36927-28. Apr. 15, 1974, son and property. [Sec. of Natl. Defense et
3rd Ed., pp. 1558, 1717]. al. v. Manalo, GR 180906, Oct. 7, 2008].
Right to inspect. The right of a stockholder to Right to self-organization. The right of the
inspect the books of the corp. provided the employees to form unions or assocs. for
following requisites are present: (a) It must purposes not contrary to law, to self-org.
be exercised at reasonable hours on busi- and to enter into collective bargaining nego-
ness days; (b) The stockholder has not im- tiations, among others, which the Consti.
properly used any information he has se- guarantees. [Knitjoy Mfg., Inc. v. Ferrer-
cured through any previous examination; Calleja, GR 81883. Sep. 23, 1992].

872
Right to a speedy trial. One free from vexa- property adjoining foreshore lands, marshy
tious, capricious and oppressive delays, its lands or lands covered with water bordering
"salutary objective" being to assure that an upon shores or banks of navigable lakes or
innocent person may be free from the anxie- rivers. [Par. 32, Lands AO 7-1, 30 Apr.
ty and expense of a court litigation or, if oth- 1936].
erwise, of having his guilt determined within
Riparian rights. Special rights of people who
the shortest possible time compatible with
own land that runs into a river bank. While
the presentation and consideration of what-
not an ownership right, riparian rights in-
soever legitimate defense he may interpose.
clude the right of access to, and use of the
[Tan v. People, GR 173637, Apr. 21, 2009].
water for domestic purposes [bathing, clean-
Right to travel. [It] does not mean the right to ing and navigating].
choose any vehicle in traversing a toll way.
Ripe. There is a real controversy, and the law
[It] refers to the right to move from one place
needs to be settled on one or more issues
to another. [Miraasol v. DPWH, GR 158793
raised by the case.
June 8, 2006].
Ripe for adjudication. [The fact that] the act
Right-of-control test. A test to determine
being challenged has had a direct adverse
where the person for whom the services are
effect on the individual challenging it. It is a
performed reserves a right to control not on-
prerequisite that something had then been
ly the end to be achieved but also the
accomplished or performed by either branch
means to be used in reaching such as end.
before a court may come into the picture,
[Sevilla v. CA, GR L-41182-3. Apr. 15,
and the petitioner must allege the existence
1988].
of an immediate or threatened injury to itself
Rigid constitution. A constitution which can as a result of the challenged action.‖ [Bel-
be amended through a formal and difficult gica v. Ochoa, GR 208566. Nov. 19, 2013].
process. [Suarez, Pol. Law Reviewer, 1st
Ripeness. 1. [The fact] that the questions
Ed., 2002, p. 9]. Compare with Flexible
raised for constitutional scrutiny are already
constitution.
ripe for adjudication. [Belgica v. Ochoa, GR
Rigor mortis. Lat. Stiffness of death. Legal 208566. Nov. 19, 2013]. 2. The readiness of
Med. The stiffening of the muscular tissues a case for litigation.
and joints of the body setting in at a greater
Ripeness. Two-fold aspect: 1st, the fitness of
or less interval after death. [People v. Dulay,
the issues for judicial decision; and 2nd, the
GR 92600. Jan. 18, 1993].
hardship to the parties entailed by withhold-
Ring. In a cockpit, the space where the cocks ing court consideration. [Abbott Laboratories
fight. Also Rueda. v. Gardner, 387 US 136 (1967)].
Riparian. Broadly, any property having a water Ripeness for judicial review doctrine. This
frontage. [Santulan v. Exec. Sec., GR L- doctrine determines the point at which
28021. Dec. 15, 1977]. Compare with Litto- courts may review administrative action. The
ral. basic principle of ripeness is that the judicial
machinery should be conserved for prob-
Riparian owner. 1. A person who owns land
lems which are real and present or imminent
situated on the bank of a river. But the term
and should not be squandered on problems
embraces not only the owners of lands on
which are future, imaginary or remote.
the banks of rivers but also the littoral own-
[Mamba v. Lara, GR 165109, Dec. 14,
ers, meaning the owners of lands bordering
2009].
the shore of the sea or lake or other tidal
waters. [Santulan v. Exec. Sec., GR L- Risk. 1. The combination of the probability of
28021. Dec. 15, 1977]. 2. The owner of the an event and its negative consequences.

873
[Sec. 3, RA 10121]. 2. Ins. A situation where Risk of loss. Ins. The insured is subject to a
the probability of a variable [such as the risk of loss through the destruction or im-
burning down of a building] is known but pairment of that interest by the happening of
when a mode of occurrence or the actual the designated peril.
value of the occurrence [whether the fire will
Risk Reduction and Preparedness Equip-
occur at a particular property] is not. A risk
ment Protection Act. RA 10344 entitled
is not an uncertainty [where neither the
―An Act Penalizing the Unauthorized Taking,
probability nor the mode of occurrence is
Stealing, Keeping or Tampering of Govt.
known], a peril [cause of loss], or a hazard
Risk Reduction and Preparedness Equip-
[something that makes the occurrence of a
ment, Accessories and Similar Facilities‖
peril more likely or more severe].
Risk analysis. A process consisting of 3 com-
Risk transfer. The process of formally or in-
ponents that includes risk assessment, risk
formally shifting the financial consequences
management and risk communication, all of
of particular risks from one party to another
which are essential to the decision making
whereby a household, community, enter-
process that determines acceptable levels
prise or state authority will obtain resources
or risk, and the implementation of those de-
from the other party after a disaster occurs,
cisions. [Sec. 4, RA 9296].
in exchange for ongoing or compensatory
Risk assessment. A methodology to deter- social or financial benefits provided to that
mine the nature and extent of risk by analyz- other party. [Sec. 3, RA 10121].
ing potential hazards and evaluating existing
Risk-based capital. 1. A method to measure
conditions of vulnerability that together could
the minimum amount of capital that a pre-
potentially harm exposed people, property,
need company needs to support its overall
services, livelihood and the environment on
business operation. It is used to set capital
which they depend. Risk assessments with
requirements, considering the size and de-
associated risk mapping include: a review of
gree of risk taken by the pre-need company.
the technical characteristics of hazards such
[Sec. 4, RA 9829]. 2. The minimum ratio
as their location, intensity, frequency and
prescribed by the Monetary Board which the
probability; the analysis of exposure and
net worth of a bank must bear to its total risk
vulnerability incl. the physical, social, health,
assets which may include contingent ac-
economic and environmental dimensions;
counts. However, the Monetary Board may
and the evaluation of the effectiveness of
require or suspend compliance with such ra-
prevailing and alternative coping capacities
tio whenever necessary for a maximum pe-
in respect to likely risk scenarios. [Sec. 3,
riod of one year and that such ratio shall be
RA 10121].
applied uniformly to banks of the same cat-
Risk management. The systematic approach egory. [Sec. 34, RA 8791].
and practice of managing uncertainty to min-
RIV. See Requisition and issue voucher.
imize potential harm and loss. It comprises
risk assessment and analysis, and the im- River. A compound concept consisting of 3
plementation of strategies and specific ac- elements: (b) The running waters; (c) the
tions to control, reduce and transfer risks. It bed; and (c) the banks. [Hilario v. City of
is widely practiced by orgs. to minimize risk Manila, GR L-19570. Apr. 27, 1967].
in investment decisions and to address op-
RMC. See Route Measured Capacity.
erational risks such as those of business
disruption, production failure, environmental Roadway. A road, esp. that part of the road
damage, social impacts and damage from over which vehicles pass. [Govt. of the Phil.
fire and natural hazards. [Sec. 3, RA 10121]. v. Derham Bros., GR 11904. Oct. 9, 1917].

874
Robber. A thief who steals from someone by trance or egress; (b) if any wall, roof, flour or
threatening violence. outside door or window has been broken; (c)
if the entrance has been effected through
Robbery. Crim. Law. 1. The felony committed
the use of false keys, picklocks or other
by any person who, with intent to gain, shall
similar tools; (d) if any dorm, wardrobe,
take any personal property belonging to an-
chest or by sealed or closed furniture or re-
other, by means of violence or intimidation
ceptacle has been broken; (e) if any closed
of any person, or using force upon anything.
or sealed receptacle, as mentioned in the
[Art. 293, RPC]. 2. Felonious taking of an-
preceding number, has been removed even
other's property, from his person or immedi-
if the same to broken open elsewhere. [Art.
ate presence and against his will, by means
302, RPC].
of force or fear.
Robbery in band. Crim. Law. Robbery where-
Robbery. Crim. Law. Elements: (a) That there
of more than 3 armed malefactors take part
be personal property belonging to another;
in the commission. [Art. 296, RPC].
(b) that there is unlawful taking of the prop-
erty; (c) that the taking is with intent to gain; Robbery with homicide. Crim. Law. A homi-
and (d) that there is violence against or in- cide committed either by reason, or on oc-
timidation of persons or force upon things. casion, of the robbery. [People v. Baron, GR
[People v. Puloc, GR 92631, Sep. 30, 1991]. 185209, June 28, 2010].
Robbery committed under certain circum- Robbery with homicide. Crim. Law. Ele-
stances, attempted and frustrated. Crim. ments: (a) The taking of personal property
Law. The offense committed when, by rea- with the use of violence or intimidation
son or on occasion of an attempted or frus- against a person; (b) the property thus taken
trated robbery, a homicide is committed. belongs to another; (c) the taking is charac-
[Art. 297, RPC]. terized by intent to gain or animus lucrandi;
and (d) on the occasion of the robbery or by
Robbery in an inhabited house or public
reason thereof, the crime of homicide, which
building or edifice devoted to worship.
is therein used in a generic sense, was
committed. [People v. Esperraguerra, GR
armed person who shall commit robbery in
113785, Sep. 14, 199S, 248].
an inhabited house or public building or edi-
fice devoted to religious worship where: (a) Robbery with physical injuries, committed
the malefactors shall enter the house or in an uninhabited place and by a band, or
building in which the robbery was commit- with the use of firearm on a street, road
ted; or (b) the robbery be committed under or alley. Crim. Law. The offenses men-
any of the following circumstances: 1. by the tioned in subdivisions 3, 4, and 5 of Art. 294
breaking of doors, wardrobes, chests, or any of the Rev. Penal Code which have been
other kind of locked or sealed furniture or committed in an uninhabited place or by a
receptacle; 2. by taking such furniture or ob- band, or by attacking a moving train, street
jects to be broken or forced open outside car, motor vehicle or airship, or by entering
the place of the robbery. [Art. 299, RPC]. the passenger's compartments in a train or,
in any manner, taking the passengers
Robbery in an uninhabited place or in a
thereof by surprise in the respective con-
private building. Crim. Law. Any robbery
veyances, or on a street, road, highway, or
committed in an uninhabited place or in a
alley, and the intimidation is made with the
building other than those mentioned in the
use of a firearm. [Art. 295, RPC].
1st par. of Art. 299 of the Rev. Penal Code,
if any of the following circumstances is pre- Robbery with rape. Crim. Law. The law uses
sent: (a) if the entrance has been effected the phrase "when the robbery shall have
through any opening not intended for en- been accompanied by rape." [Art. 294 (2),

875
RPC]. This means that the offender must ROI. See Return on investment.
have the intent to take the personal property
RONW. See Return on net worth.
belonging to another with intent to gain, and
such intent must precede the rape. [People Roll call. The process of calling out a list of
v. Villagracia, GR 94311. Sep. 14, 1993]. names to establish who is present.
Robbery with violence against or intimida- Roll-call vote. A vote in which the names of
tion of persons. Crim. Law. The felony those voting for and against a motion may
committed by any person with the use of be recorded.
violence against or intimidation of any per-
Rollo. The folder with a [Sup.] Court en banc-
son when: 1. by reason or on occasion of
the robbery, the crime of homicide shall approved, color-coded cartolina cover indi-
have been committed; 2. the robbery shall cating the G.R. or UDK number, the title of
have been accompanied by rape or inten- the case, the date of filing, the date of sub-
tional mutilation, or if by reason or on occa- mission for decision, and the nature of the
case wherein all orig. pleadings and other
sion of such robbery, any of the physical in-
juries penalized in subdivision 1 of Art. 263 documents filed under the same docket
of the Rev. Penal Code shall have been in- number shall be encased. The pages of the
pleadings and other documents shall be
flicted; 3. by reason or on occasion of the
robbery, any of the physical injuries penal- consecutively numbered and attached to the
ized in subdiv. 2 of the Art. mentioned in the rollo preferably by stitching or any method
next preceding number, shall have been in- that ensures the integrity of the contents of
flicted; 4. the violence or intimidation em- the rollo. [The Internal Rules of the Sup.
Court, AM 10-4-20-SC, May 4, 2010].
ployed in the commission of the robbery
shall have been carried to a degree clearly Roman candle. A sparkler similar to a "foun-
unnecessary for the commission of the tain" but shaped like a big candle. [Sec. 2,
crime, or when the course of its execution, RA 7183].
the offender shall have inflicted upon any
person not responsible for its commission Romberg’s Test. A test to determine whether
any of the physical injuries covered by sub- a person is intoxicated. He is asked to stand
divisions 3 and 4 of said Art. 23. [Art. 295, with feet together and to close his eyes.
RPC]. Normally, this would have no effect on a
person who is sober. But if he is intoxicated,
Robo. Sp. Robbery. the tendency is for him to swing from side to
Robo con homicidio. Sp. Robbery with homi- side. Sometimes he would fall.
cide. [US v. Macalalad, GR L-2558 Oct. Rooming-in. The practice of placing the new-
8, 1907]. born in the same room as the mother right
Robo con lesions. Sp. Robbery with physical after delivery up to discharge to facilitate
injuries. [US v. Lumanlan, GR 10708. Sep. mother-infant bonding and initiate breast-
24, 1915]. feeding. The infant may either share the
mother's bed or be placed in a crib beside
Robo en cuadrilla con homicidio y lesiones. the mother. [Sec. 3, RA 10028; Sec. 3, RA
Sp. Robbery in an armed band, with homi- 7600].
cide and physical injuries. [US v. Pindong,
GR 5220. Aug. 18, 1909]. Roster. A list of persons qualified to provide
ADR services as neutrals or to serve as ar-
Robo en cuadrilla. Sp. Robbery in an armed bitrators. [Sec. 3, RA 9285].
band. [US v. Dela Cruz, GR 4740. Nov. 18,
1908]. ROTC. See Reserve Officers' Training
Corps.
ROE. See Return on equity.

876
Route Measured Capacity (RMC). Number of a mineral reservation, indigenous cultural
trips to efficiently meet the passengers de- community, or in areas covered by small-
mand. [LOI 1482, s. 1985]. scale mining. [Sec. 4, DENR AO 95-23].
ROV. See Municipal/City/District Registry of RPT. See Real property tax.
Overseas Voters.
Rueda. The ring of a cockpit.
Roving commission. 1. Authority or power
Rule. Any agency statement of general ap-
given in a general area, without precisely
plicability that implements or interprets a
defined terms of reference. 2. Delegation
law, fixes and describes the procedures in,
that will give the delegate unlimited legisla-
or practice requirements of, an agency, incl.
tive authority.
its regulations. The term includes memoran-
Row house. A single-family attached dwelling da or statements concerning the internal
containing 3 or more separate living units administration or management of an agency
designed in such a way that they abut each not affecting the rights of, or procedure
other at the sides, as in a row, and are sep- available to, the public. [Sec. 2, Chap. 1,
arated from each other by party walls: pro- Book VII, EO 292].
vided with independent access, services,
Rule against perpetuities. The legal prohibi-
and use of land. [Sec. 3, BP 220].
tion against tying up property so that it can-
Royal. Having the status of a king or queen or not be transferred or vest title in another for-
a member of their family. ever, for several future generations, or for a
period of centuries. See Perpetuities, Rule
Royal Decree of 1894. See Maura Law.
against.
Royal prerogative of dishonesty. The doc-
Rule making. An agency process for the for-
trine of non-suability, as it is not too infre-
mulation, amendment, or repeal of a rule.
quently derisively called bec. it grants the
[Sec. 2, Chap. 1, Book VII, EO 292].
state the prerogative to defeat any legitimate
claim against it by simply invoking its non- Rule of barrier between the legitimate fami-
suability. [From DA v. NLRC, GR 104269, ly and illegitimate or Iron curtain rule.
Nov. 11, 1993]. See Non-suability of the Succ. The rule that the an illegitimate child
State. has no right to inherit ab intestato from the
legitimate children and relatives of his father
Royalties. 1. Payments of any kind received
or mother; nor shall such children or rela-
as consideration for: (i) the use of, or the
tives inherit in the same manner from the il-
right to use, any patent, trade mark, design
legitimate child. [Art. 992, CC]. Also known
or model, plan, secret formula or process,
as Iron curtain rule.
any copyright of literary, artistic or scientific
work, or for the use of, or the right to use, Rule of double share for full blood collat-
industrial, commercial, or scientific equip- erals. Succ. The rule that when full and half-
ment, or for information concerning industri- blood brothers and sisters, nephews and
al, commercial or scientific experience; (ii) nieces survive, the former shall take a por-
the use of, or the right to use, cinemato- tion in the inheritance double that of the lat-
graph films, or tapes for radio or television ter. [From Art. 992, CC].
broadcasting. [Comm. Int. Rev. v. Smart
Rule of equal division. Succ. The rule that
Communications, Inc. GR 179045-46, Aug.
the relatives of the same degree shall inherit
25, 2010]. 2. All charges based on gross
in equal shares. [Art. 962, CC].
business or sales, or gross or net profit.
[Sec. 3, RA 9497; Sec. 3, RA 224]. Rule of law. 1. [It] connotes a body of norms
and laws published and ascertainable and of
Royalty. Any payment over and above other
equal application to all similarly circum-
existing for the utilization of minerals within

877
stances and not subject to arbitrary change Rules of the air. Those provisions for securing
but only under certain set procedures. [Tee- the safety of aircraft in flight and in move-
hankee, J., Concurring Op., Tañada v. Tu- ment on the surface and the safety of per-
vera, GR L-63915. Dec. 29, 1986]. 2. It sons and property on the surface. These
simply means that no one is above the law. provisions include: (a) Lights and signals to
All persons regardless of status, wealth, be shown by aircraft; (b) General, visual and
creed, political persuasion and color of their instrument flight rules; (c) Airport traffic
skin are entitled to due process of law. [Sua- rules; and (4) Airport signals and markings.
rez, Pol. Law Reviewer, 1st Ed., 2002, p. 49]. [Sec. 3, RA 9497].
Rule of enity. [The rule that] a court, in con- Ruling. A judicial or administrative interpreta-
struing an ambiguous criminal statute that tion of a provision of a statute, order, regula-
sets out multiple or inconsistent punish- tion or ordinance. [Jamil v. Comelec, GR
ments, should resolve the ambiguity in favor 123648. Dec. 15, 1997, p. 1197]. See also
of the more lenient punishment. [Diño v. Oli- Court’s Ruling.
vares, GR 170447, Dec. 4, 2009]. See Leni-
Rulings. Exposition of law or legal reasons
ty rule.
upon which the courts rest their judgment.
Rule of majority. Also Majority rule. Pol. [Jamil v. Comelec, GR 123648. Dec. 15,
Law. The will of the greater number of peo- 1997].
ple, whether referring to the citizens of the
Run-away shop. Labor. An unfair labor prac-
Phils. who choose their representatives, or
tice of management which usu. takes place
to a number of people in a community or
by effecting the transfer of ownership, the
org., who choose their officers. [Suarez, Pol.
plant itself, or its equipment and machines
purposely to bust the union or to evade
Rule of preference bet. lines. Succ. The rule payment of its legitimate obligations. In oth-
that those in the direct descending line shall er words, the shop is put up to achieve an
exclude in the succession those in the direct illegal purpose. [Poquiz, Labor Rel. Law,
ascending and collateral lines, and those in 1999 Ed. p. 155].
the direct ascending line shall, in turn, ex-
Running and test inventory. An inventory of
clude those in the collateral line. [Jurado,
property made upon order of the local chief
exec. at any time to ascertain the correct-
p. 379].
ness of the property records of the unit. [IRR
Rule of proximity. Succ. The rule that the on Supply & Prop. Mgt., per Sec. 383, LGC].
relatives nearest in degree to the decedent
Running policy. Ins. A policy of insurance
shall exclude the more distant ones, except
which contemplates successive insurances,
when there is right of representation. [Ju-
and which provides that the object of the
rado, Comments & Jurisp. on Succ., 1991
policy may be from time to time defined,
8th Ed., pp. 379-380].
esp. as to the subjects of insurance, by ad-
Rule-making power. See Quasi-legislative ditional statements or indorsements. [Sec.
power. 62, IC].
Rules. Established standards, guides, or regu- Run-off. A final race, contest, or election to
lations set up by authority. decide an earlier one that has not resulted in
a decision in favor of any one competitor.
Rules of Court. Regulations governing prac-
tice and procedure in the various courts. Run-off election. An election bet. the labor
unions receiving the 2 higher number of vot-
Rules of evidence. Standards governing
ers when a certification election which pro-
whether evidence in a civil or criminal case
vides for 3 or more choices results in no
is admissible.

878
choice receiving a majority of the valid votes
cast, where the total number of votes for all
contending unions is at least 50% of the
number of votes cast. [Art. 256, LC; Sec. 1,
Rural. In, relating to, or characteristic of the
countryside rather than the town:
Rural banks. 1. Banks duly organized under
RA 720 with authority to operate under ex-
isting laws. [Sec. 4, RA 7607]. 2. Banks
mandated to make needed credit available
and readily accessible in the rural areas on
reasonable terms and which are primarily
governed by the Rural Banks Act of 1992
[RA 7353].
Rural Banks Act of 1992. RA 7353 entitled
―An Act providing for the creation, org. and
operation of rural banks, and for other pur-
poses‖ enacted on Apr. 2, 1992.
Rural electrification. The delivery of basic
electricity services, consisting of power gen-
eration, sub-transmission, and/or extension
of associated power delivery system that
would bring about important social and eco-
nomic benefits to the countryside. [Sec. 4,
RA 9513].
Rural farm school. A parallel learning system
and an alternative delivery mode of second-
ary education. It provides for facilitative and
experiential learning on the core subjects of
the secondary education curriculum with fo-
cus on agri-fisheries, designed to address
the needs of children in rural, agricultural or
fishing communities. [Sec. 3, RA 10618].
Rural Farm Schools Act. RA 10618 entitled
―An Act Establishing Rural Farm Schools as
Alternative Delivery Mode of Secondary Ed-
ucation and Appropriating Funds Therefor‖
enacted on Sep. 3, 2013.
Rural industrialization. The process by which
the economy is transformed from one that is
predominantly agricultural to one that is
dominantly industrial and service-oriented.
[Sec. 4, RA 8435].

879
of which is willing temporarily to receive the
-S- victim. [Sec. 3, RA 9262].
Sabong. Tag. Cockfight. Safekeeping, The custodial component of the
BuCor‘s present corrections system, [and]
Sabungan. Tag. Cockpit. [People v. Aleta, GR
shall refer to the act that ensures the public
L-40694. Aug. 31, 1976].
[incl. families of inmates and their victims]
Sabungero. Tag. A person engaged in cock- that natl. inmates are provided with their
fighting. basic needs, completely incapacitated from
further committing criminal acts, and have
Sadism. Legal Med. The sexual enjoyment a
been totally cut off from their criminal net-
person receives from inflicting actual physi- works [or contacts in the free society] while
cal or psychological suffering on a sexual serving sentence inside the premises of the
partner. [Olarte, Legal Med., 1st Ed. (2004), natl. penitentiary. This act also includes pro-
p. 115]. Compare with Masochism. tection against illegal organized armed
Sadist. Someone who obtains pleasure from groups which have the capacity of launching
inflicting pain or others. an attack on any prison camp of the natl.
penitentiary to rescue their convicted com-
SAFDZ. See Strategic Agriculture and Fish- rade or to forcibly amass firearms issued to
eries Development Zones. prison guards. [Sec. 3, RA 10575].
Safe and Wholesome. Meat and meat prod- Safety deposit box. A special deposit under
ucts that ha[ve] been passed as fit for hu- the old banking law. However, the new
man consumption using the criteria that it (a) General Banking Law, while retaining the
will not cause food borne infection or intoxi- renting of safe deposit box as one of the
cation when properly handled and prepared services that the bank may render, deleted
with respect to the intended use, (b) does reference to depository function. The con-
not contain residue in excess of set limits, tract for the use of a safe deposit box should
(c) is free of obvious contamination, (d) is be governed by the law on lease. [Divina,
free of defects that are generally recognized Handbook on Phil. Coml. Law].
as objectionable to consumers, (e) has been
produced under adequate hygiene control, SAGF. See Special Accounts in the General
and (f) has not been treated with illegal sub- Fund.
stances as specified in RA 9296 and in oth-
Salary. A fixed compensation for regular work
er related natl. legislation. [Sec. 4, RA or for continuous service rendered over a
9296]. period of time.
Safe conduct. Immunity from arrest or harm
Salary or Wage adjustment. A salary or wage
when passing through an area. increase towards the minimum of the grade,
Safe conduct pass. Intl. Law. A pass given to or an increase from a non-prescribed rate to
enemy nationals or vessels allowing pas- a prescribed rate within the grade. [Sec. 3,
sage bet. defined points. This is given either PD 985].
by the belligerent govt. itself or the com-
Salary or Wage schedule. A numerical struc-
mander of the area which it is effective. ture in the Compensation System consisting
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 143]. of several grades, each grade with multiple
Safe place or Shelter. Any home or institution steps with a percentage differential through-
maintained or managed by the DSWD or by out the pay table. A classified position is as-
any other agency or voluntary org. accredit- signed a corresponding grade in the Sched-
ed by the DSWD for the purposes of RA ule. [Sec. 3, PD 985].
9262 or any other suitable place the resident

880
Salary or Wage step increment. An increase Sale by sample. It occurs when the buyer is
in salary or wage from one step to another shown a sample of the merchandise he is
step within the grade from the minimum to buying. When the merchandise is delivered,
maximum. Also known as Within grade in- the bulk must correspond in quality to the
crease. [Sec. 3, PD 985]. sample. [Torres, Oblig. & Cont., 2000 Ed., p.
354].
Salary Standardization Act. RA 6758. See
Compensation and Position Classifica- Sale in bulk. The sale of all or a large part of a
tion Act of 1989. merchant's stock as well as equipment. See
Bulk sale.
Salary standardization scheme. The applica-
tion of the principle of ―equal pay for sub- Sale of dangerous drugs. The act of selling
stantially equal work‖ which effectively abol- any dangerous drug, incl. any and all spe-
ished existing pay differentials among govt. cies of opium poppy regardless of the quan-
agencies and standardized compensation of tity and purity involved, or acting as a broker
all comparable positions. in such transaction. [From Sec. 5, RA 9165].
Salary-ceiling-method. A method used in Sale of dangerous drugs. Elements: (a) The
legislation involving the adjustment of the accused sold the dangerous drug to the
minimum wage whereby the wage adjust- buyer for a consideration and (b) the ac-
ment is applied to employees receiving a cused delivered the dangerous drug to the
certain denominated salary ceiling. [ECOP buyer. [People v. Sanchez, GR 175832, 15
v. NWPC, GR 96169. Sep. 24, 1991]. Com Oct. 2008].
pare with Floor-wage method.
Sale of wood products without complying
Salaysay. Tag. 1. Statement. [Julio v. Dalan- with grading rules. The offense committed
dan, GR L-19012. Oct. 30, 1967]. 2. Sworn by any person who shall sell or offer for sale
statement. [People v. Ilarde, GR L-58595. any log, lumber, plywood or other manufac-
Oct. 10, 1983]. 3. Narration. [Belvis III v. CA, tured wood products in the intl. or domestic
GR L-38907. Nov. 14, 1988]. market unless he complies with grading
rules and established or to be established
Salbahe. Tag. Ill-mannered. [People v. Catan-
by the Govt. [Sec. 79, PD 705].
yag, GR 103974. Sep. 10, 1993].
Sale on credit. A sale where the seller retains
Sale. A contract whereby one of the contract-
the orig. of the invoice in his possession,
ing parties obligates himself to transfer the
and the delivery thereof to the buyer is
ownership and to deliver a determinate
made only when the latter has discharged
thing, and the other to pay therefor a price
his obligation.
certain in money or its equivalent. [Art.
1458, CC]. Sale on trial. A contract of sale which rests
entirely on the character or quality of the
Sale at retail. Elements: (a) The seller should
goods, vis-à-vis a contract of sale or return
be habitually engaged in selling; (b) the sale
which hinges wholly on the option of the
must be direct to the general public; and (c)
buyer.
the object of the sale is limited to merchan-
dise, commodities or goods for consump- Sale or Distribution. An act made by a manu-
tion. [Marsman & Co., Inc. v. First Coconut facturer or seller, or their respective repre-
Central Co., Inc., GR L-39841. June 20, sentative or agent, to make available con-
1988]. sumer products, services or credit to the end
consumers under a consumer sale transac-
Sale by description. A transaction in which
tion. It shall not include sampling or any dis-
the merchandise is described in detail and
tribution not for sale. [Art. 4, RA 7394].
the bulk must correspond to the description.

881
Sale or Exchange of services. 1. The per- Sale or Return. A contract of sale whereby the
formance of all kinds of services in the Phils. goods object of the sale are delivered to the
for others for a fee, remuneration or consid- buyer who thereby acquires ownership
eration, incl. those performed or rendered by thereof, but he may revest the ownership in
construction and service contractors; stock, the seller by returning or tendering the
real estate, commercial, customs and immi- goods within the time fixed in the contract,
gration brokers; lessors of property, whether or, if no time has been fixed, within a rea-
personal or real; warehousing services; les- sonable time. Under this kind of sale, the
sors or distributors of cinematographic films; buyer is given an option to return the goods
persons engaged in milling, processing, instead of paying the price. [Diaz, Bus. Law
manufacturing or repacking goods for oth- Rev., 1991 Ed., p. 121].
ers; proprietors, operators or keepers of ho-
Sale or Sell. Every disposition, or attempt to
tels, models, resthouses, pension houses,
dispose, for a valuable consideration, of a
inns, resorts; proprietors or operators of res-
subdivision lot, incl. the building and other
taurants, refreshment parlors, cafes and
improvements thereof, if any, in a subdivi-
other eating places, incl. clubs and caterers;
sion project or a condominium unit in a con-
dealers in securities; landing investors; op-
dominium project. A contract to sell, a con-
erators of taxicabs; utility cars for rent or hire
tract of purchase and sale, an exchange, an
driven by the lessees (rent-a-car compa-
attempt to sell, an option of sale or pur-
nies), tourist buses; and other common car-
chase, a solicitation of a sale, or an offer to
riers by land, air, and sea relative to their
sell, directly or by an agent, or by a circular,
transport of goods or cargoes; services of
letter, advertisement or otherwise. [Sec. 2,
franchise grantees of telephone and tele-
PD 957].
graph, radio and television broadcasting and
all other franchise grantees except those Sale with pacto de retro. One where the
under Sec. 117 of the NIRC; services of vendor reserves the right to repurchase the
banks, non-bank financial intermediaries thing sold with the obligation to comply with
and finance companies; and non-life insur- the stipulation of the contract, and to refund
ance companies (except their crop insur- the price, the necessary and useful expens-
ances) incl. surety, fidelity and indemnity es incurred on the thing, the expenses of the
and bonding companies; and similar ser- contract and other legitimate payments
vices regardless of whether or not the per- made by the vendee by reason of the sale.
formance thereof calls for the exercise or
Sale with right to repurchase. A sale where-
use of the physical or mental faculties. [Sec.
102, NIRC, as amended by RA 7716]. 2. by the title and ownership of the property
The performance of all kinds of services in sold are immediately vested in the vendee a
the Phils. for others for a fee, remuneration retro within the period stipulated. Failure to
or consideration, whether in kind or in cash. perform said resolutory condition vests upon
the vendee by operation of law absolute title
Sale or Pledge of mortgaged property. Crim. or ownership over the property sold. [Al-
Law. The felony committed by any mortgag- bano, Civil Law Reviewer, Rev. Ed., p. 356].
or who shall sell or pledge personal property
already pledged, or any part thereof, under Sales. 1. The exchange of a commodity for
the terms of the Chattel Mortgage Law, money; the action of selling something. 2. A
quantity or amount sold.
without the consent of the mortgagee written
on the back of the mortgage and noted on Sales counselors. Natural persons who are
the record hereof in the office of the Regis- engaged in the sale of, or offer to sell, or
ter of Deeds of the province where such counsel of prospective planholders for the
property is located. [Art. 319, RPC]. purpose of selling, whether or not on
commission basis, pre-need plans upon the

882
authority of the pre-need company. [Sec. 4, Salt. A colorless or white crystalline solid,
RA 9829]. chiefly sodium chloride, used extensively in
ground or granulated form as a food sea-
Sales invoice. A detailed statement of the
soning and preservative
nature, quantity and cost of the thing sold
and has been considered not a bill of sale. Salt iodization. The addition of iodine to salt
[P.T. Cerna Corp. v. CA, GR 91622. Apr. 6, intended for human or animal consumption
1993]. in accordance with specifications as to form,
fortificant, method, manner and composition
Sales invoices. Recognized commercial doc-
as may be prescribed by the BFAD. [Sec. 4,
uments to facilitate trade or credit transac-
RA 8172].
tions. They are proofs that a business trans-
action has been concluded, hence, should Salting of foreign exchange. The crime
not be considered bereft of probative value. committed by any person engaged in the
[Seaoil Petroleum Corp. v. Autocorp Group, business of exporting who shall underde-
GR 164326, Oct. 17, 2008]. clare or undervalue his exports, either as to
price or quantity, or any person engaged in
Sales load. The difference bet. the price of a
the business of importation who shall over-
security to the public and that portion of the
value or overdeclare his importations, either
proceeds from its sale which is received and
as to price or quantity, for the purpose of
invested or held for investment by the issu-
salting and retaining foreign exchange
er, less any portion of such difference de-
abroad in violation of existing laws and Cen-
ducted for trustee's or custodian's fees, in-
tral Bank rules and regulations. [Sec. 2, PD
surance premiums, issue taxes, or adminis-
1883]. See Blackmarketing of foreign ex-
trative expenses or fees which are not
change.
properly chargeable to sales or promotional
activities. In the case of a periodic payment Salus populi est suprema lex. Lat. The wel-
plan certificate, sales load includes the sales fare of the people is the supreme law. [Lim
load on any investment company securities v. Pacquing, GR 115044. Jan. 27, 1995].
in which the payments made on such certifi-
Salvage. 1. The compensation allowed to
cate are invested, as well as the sales load
persons by whose assistance a ship or her
on the certificate itself. [Sec. 3, RA 2629].
cargo has been saved, in whole or in part,
Sales promotion. Techniques in-tended for from impending peril on the sea, or in re-
broad consumer participation which contain covering such property from actual loss, as
promises of gain such as prizes, in cash or in case of shipwreck, derelict, or recapture.
in kind, as reward for the purchase of a [Blackwall v. Saucelito Tug Co., 10 Wall. 1,
product, security, service or winning in con- 12]. 2. A slang word for summary execution.
test, game, tournament and other similar The meaning evolved from frequent usage
competitions which involve determination of in sentences similar to 'The corpse was sal-
winner/s and which utilize mass media or vaged from the Pasig river' from "salvage"
other widespread media of information. It al- meaning recovered or found. The victim
so means techniques purely intended to in- would usu. be a victim of summary execu-
crease the sales, patronage and/or goodwill tion.
of a product. [Art. 4, RA 7394].
Salvage Law, The. Act 2616 enacted on Feb.
Salesman. A natural person, employed as 4, 1916.
such as an agent, by a dealer, issuer or bro-
Salvage zone. 1. [A] zone consisting of lands
ker to buy and sell securities. [Sec. 3, SRC].
measuring 20 meters measured landward
SALN. See Statement of Assets, Liabilities from the interior limit of the shoreline [that] is
and Networth. capable of private ownership and being val-
idly covered by a Torrens Title subject to the

883
easement of public use, more specifically ment, restitution, compensation, cost,
easement of salvage and costal police im- charges or fees; the revocation or suspen-
posed by law. [Maristela v. Dir. of Lands, sion of license; or the taking of other com-
GR 34901-R, Sep. 7, 1968; 65 OG 46, pp. pulsory or restrictive action. [Sec. 2, Chap.
12744-12747; Art. 9, Spanish Law of Waters 1, Book VII, EO 292]. 2. A very unusual
of 1886; Art. 51, Water Code; Art. 420, CC]. word with 2 contradictory meanings. To
2. An easement on the riparian property or sanction can mean to ratify or to approve
lands bordering the sea or river that covers but it can also mean to punish. The sanction
20 meters from the coastline boundary in- of a crime refers to the actual punishment,
ward to give the people the right of passage usu. expressed as a fine or jail term.
and the right to use the place in case of bad
Sandiganbayan. A special court created un-
weather and by shipwreck of bancas or ves-
der PD 1606, as amended, which exercises
sels in distress. It is an easement of public
jurisdiction over (a) violations of RA 3019,
use in the general interest of recreation,
as amended, otherwise, known as the Anti-
passage, fishing and salvage. .
Graft and Corrupt Practices Act, and RA
Same evidence test. The more common ap- 1379; (b) crimes committed by public offic-
proach in ascertaining identity of causes of ers and employees incl. those employed in
action whereby the following question GOCCs, embraced in Title VII of the Rev.
serves as a sufficient criterion: ―Would the Penal Code, whether simple or complexed
same evidence support and establish both with other crimes; and (c) other crimes or of-
the present and former causes of action?‖ If fenses committed by public officers or em-
the answer is in the affirmative, then the pri- ployees, incl. those employed in GOCCs, in
or judgment is a bar to the subsequent ac- relation to their office.
tion; conversely, it is not. If no inconsistency
Sangkap Pinoy Seal Program (SPSP). A
is shown, the prior judgment shall not consti-
strategy to encourage food manufacturers to
tute a bar to subsequent actions. [Agustin v.
fortify processed foods or food products with
Delos Santos, GR 168139, Jan. 20, 2009].
essential nutrients at levels approved by the
Compare with Absence of inconsistency
DOH. The fundamental concept of the pro-
test.
gram is to authorize food manufacturers to
Same offense. Identical offense or any at- use the DOH seal of acceptance for pro-
tempt to commit the same or frustration cessed foods or food products, after these
thereof or any offense which necessarily in- products passed a set of defined criteria.
cludes or is necessarily included in the of- The seal is a guide used by consumers in
fense charged in the former complaint or in- selecting nutritious foods. [Sec. 3, RA 8976].
formation. [Perez v. CA, GR L-80838. Nov.
Sangla. Also Sanla. Tag. In some Tagalog
29, 1988].
provinces, the word means "bilihang ma-
Same or similar action or claim. A case bibiling muli" or "pacto de retro." By this con-
wherein the parties, causes of action, issues tract, the vendee-a-retro takes possession
and reliefs prayed for, are identical to those of the property as owner until the same is
in the 1st case. [Rudecon Management repurchased or redeemed. [Aguinaldo v.
Corp. v. Singson, GR 150798. Mar. 31, Esteban, GR L-27289. Apr. 15, 1985].
2005].
Sanglaan. Also Sanlaan. Tag. A word that is
Sanction. 1. The whole or part of a prohibition, used to mean only either mortgage or
limitation or other condition affecting the lib- pledge, and never a sale or a pacto de retro
erty of any person; the withholding of relief; sale. [Perfecto, dissenting opinion, Lim v.
the imposition of penalty or fine; the destruc- Calaguas, GR L-2031. May 30, 1949].
tion, taking, seizure or withholding of proper-
Sanidad. Tag. Health inspector.
ty; the assessment of damages, reimburse-

884
Sanitary. Of or relating to the conditions that and local ordinances. [Sec. 2.28, IRR of PD
affect hygiene and health, esp. the supply of 856].
sewage facilities and clean drinking water.
Sanitation. Conditions relating to public
Sanitary certificate. A certificate that is issued health, esp. the provision of clean drinking
by an authorized governmental inspection water and adequate sewage disposal.
agency that confirms the facility and/or car-
Sanitation inspector. An officer employed by
go has been inspected and meets the mini-
the natl., provincial, city or municipal govt.,
mum sanitary requirements.
who enforces sanitary laws, rules and regu-
Sanitary engineer. A person duly registered lations and implements environmental sani-
with the Board of Examiners for Sanitary tation activities under the supervision of the
Engineers [RA 1364] who heads or works in local health officer / sanitary engineer. [Sec.
the sanitation division, section or unit of the 2.29, IRR of PD 856].
local health office or employed with the DOH
Sanla. See Sangla.
or its regional health offices. [Sec. 2.27, IRR
of PD 856]. SARO. See Special Allotment Release Or-
der.
Sanitary engineering, Practice of. The prac-
tice of sanitary engineering shall embrace Satellite. An artificial body placed in orbit
the following activities: (a) sanitary surveys, around the earth or another planet in order
reports, design, direction, management, to collect information or for communication.
consultation, and investigation of: (a) water
purification plants, water collection and dis- Satellite newsgathering. The use of either
tribution systems, reservoirs, drainage and transportable Fixed Satellite Service earth
stations or Mobile Satellite Service earth
sewer systems, sewage treatment plants,
malaria control structures, sewage disposal stations to provide temporary communica-
tanks, and other structures for public health tions services for news media orgs. covering
news events such as summits, conferences
and welfare; (b) projects relating to stream
pollution, insect and vermin control or eradi- or disasters. [Sec.3, EO 467, s. 1998].
cation, rural and camp sanitation, and milk Satellite registration. Registration conducted
and food sanitation; (c) systems for the pre- by an Election Officer in established satellite
vention of atmospheric pollution or the con- offices located in a public place within his or
trol of indoor air, esp. the air or working her area of jurisdiction. It accepts application
spaces in industrial establishments (indus- for registration, transfer or transfer with re-
trial hygiene engineering); and (d) Profes- activation, reactivation of registration rec-
sional research and laboratory work sup- ords, change or correction of entries and
porting the activities listed in subsec. (a). validation of registration from all registrants
[Sec. 2, RA 1364]. or voters residing within the Election Of-
Sanitary inspector. See Sanitation inspec- ficer‘s territorial jurisdiction. [Sec. 2, RA
tor. 10366].
Satisfaction. Remedy in intl. law that provides
Sanitary landfill. A low area where waste is
buried bet. layers of earth. for the honor of an injured state to be re-
stored.
Sanitary permit. The certification in writing by
the local health officer or in his absence by Satisfaction of a judgment. The payment of
the chief of the sanitation division, section or the amount of the writ, or a lawful tender
thereof, or the conversion by sale of the
unit attesting that the establishment com-
plies with the existing sanitation require- debtor's property into an amount equal to
ments upon evaluation or inspection con- that due, and, it may be done otherwise than
ducted in accordance with PDs 522, 856

885
upon an execution. [PAL v. CA, GR 49188. measures resulting in improved systems
Jan. 30, 1990]. and efficiencies and thus enabled agencies
to meet and deliver the required or planned
Saturday account system. A custom, busi-
targets, programs and services approved in
ness practice and usage among merchants
[the GAA] at a lesser cost. [GAAs for 2011,
of Chinese descent whereby a customer
2012 and 2013].
could order goods on credit and a collector
is sent to him on Saturday. Payment may or Savings and loan association. Any corp.
may not be made by said customer. In other engaged in the business for accumulating
words, the obligation is one which does not the savings of its members or stockholders,
provide for a definite or specific term. and using such accumulations, together with
its capital in the case of a stock corp., for
Satyriasis. Legal Med. The excessive sexual
loans and/or for investment in the securities
desire in men. [Olarte, Legal Med., 1st Ed.
of productive enterprises or in securities of
(2004), p. 115]. Compare with Nymphoma-
the Govt., or any of its political subdivisions,
nia.
instrumentalities or corps.: Provided, That
Sauna. A small room used as a hot-air or they shall be primarily engaged in servicing
steam bath for cleaning and refreshing the the needs of households by providing per-
body. sonal finance and long-term financing for
home building and development. [Sec. 3,
Sauna bath. A bath consisting of exposure to RA 3779].
hot vapor to induce sweating, followed by
rubbing or light beating of the skin. It is also Savings deposit. The most common type of
called ―Finnish bath.‖ deposit and is usu. evidenced by a pass-
book. The requirement of presentation of
Sauna bath attendant. A person who applies passbooks is usu. included in the terms and
the proper technique of giving steam bath to conditions printed in the passbooks. A bank
customers. [Sec. 59, PD 856].
is negligent if it allows the withdrawal with-
Sauna bath establishment. An establishment out requiring the presentation of passbook.
where customers are exposed to steam [BPI v. CA, GR 112392, Feb. 29, 2000].
which is generated by sprinkling water on Sawmill. A wood processing plant or imple-
hot stones or by some other means. [Sec. ment operated mechanically and installed in
59, PD 856].
a fixed site or mobile carrier where coconut
Saving clause. That part of the statute which wood, log or timber is cut, treated, sawn or
restricts a repealing act and preserve exist- ripped into lumber, slabs and other wood
ing powers, rights and pending proceedings products of any size or form such as poles,
from the effects of the repeal. [Suarez, Stat. piles wall wood, boards, pulp, or other fin-
Con., (1993), p. 50]. ished coconut wood product. [Sec. 3, PCA
AO 1-95].
Savings. Portions or balances of any pro-
grammed appropriation in [the GAA] free Saya. Tag. Skirt. [US v. Ramos, GR 10832.
from any obligation or encumbrance which Dec. 11, 1916].
are: (i) still available after the completion or SBF. See Subic Bay Freeport.
final discontinuance or abandonment of the
work, activity or purpose for which the ap- SBMA. See Subic Bay Metropolitan Authori-
propriation is authorized; (ii) from appropria- ty.
tions balances arising from unpaid compen-
SBEI. See Special Board of Election Inspec-
sation and related costs pertaining to vacant
tors.
positions and leaves of absence without
pay; and (iii) from appropriations balances SBOC. See Special Board of Canvassers.
realized from the implementation of

886
SBRCG. See Special Ballot Reception and Scheduled benefit plans. Plans the date of
Custody Group. availment of the benefits of which is set at
the inception or purchase of the plan. [Sec.
Scab. Labor. A person who works for lower
4, RA 9829].
wages than or under conditions contrary to
those prescribed by a trade union; also one Scheme to distribute losses. Ins. The as-
who takes the place of a workingman on a sumption of risk which is part of a general
strike. Non-union workers who pass through scheme in a contract of insurance to distrib-
union picket line. A worker who works under ute actual losses among a large group or a
non-union conditions. substantial number of persons bearing a
similar risk.
Scam. A dishonest scheme; a fraud.
Schistosoma haematobium. A kind of para-
Scammer. Swindler: a person who swindles
sitic worm. [Capacio v. Rep., GR L-45484.
another by means of deception or fraud.
Apr. 8, 1988].
Scan. 1. To examine closely. 2, To move a
Schizophrenia. 1. A chronic mental disorder
finely focused beam of light or electrons in a
characterized by inability to distinguish bet.
systematic pattern over a surface in order to
fantasy and reality, and often accompanied
reproduce or sense and subsequently
by hallucinations and delusions. Formerly
transmit an image. 3. To search stored data
called ―dementia praecox,‖ it is said to be
automatically for specific data. 4. To exam-
the most common form psychosis and usu.
ine a body or body part with a CAT scanner
develops bet. the ages 15 and 30. [People
or similar scanning apparatus.
v. Pascual, GR 95029. Mar. 24, 1993]. 2. A
Scandal. Any reprehensible word or deed that serious mental disorder characterized by
offends public conscience, redounds to the loss of contact with reality (psychosis), hal-
detriment of the feelings of honest citizens lucinations, delusions (false beliefs), abnor-
and gives occasion to the neighbor‘s spiritu- mal thinking and disrupted work and social
al damage or ruin. [Gregorio, Fund. of Crim. functioning. [Olarte, Legal Med., 1st Ed.
Law Rev., 1997 9th Ed., p. 889]. (2004), p. 144].
Scanner. 1. A device for examining, reading, Schizophrenic. A person with a split personal-
or monitoring something, in particular. 2. A ity that withdraws him from reality and ren-
machine that examines the body through the ders him incapable of understanding what
use of radiation, ultrasound, or magnetic he is doing. [People v. Capitin, GR L-49118.
resonance imaging, as a diagnostic aid. Aug. 30, 1988].
Scanning. A process whereby medical ser- School. 1. An institution for learning in the
vices are extended through highly advanced elementary, secondary or tertiary level com-
x-ray forms of examination of the human prised of the studentry, administration, facul-
body. ty and non-faculty personnel. [Sec. 3, RA
7079]. 2. Any educational institution, private
Scatter-shot. Covering a wide range in a ran- or public, undertaking educational operation
dom way; indiscriminate.
for pupils or students pursuing certain stud-
Scatter-shot warrant. 1. A warrant of arrest ies at defined levels, receiving instructions
that is issued for more than one offense. It is from teachers, usu. located in a building or a
void for the law requires that a warrant of ar- group of buildings in a particular physical or
rest should only be issued in connection cyber site. [Sec 3, RA 9165]. 3. An educa-
with one specific offense. 2. A (general) war- tional institution, private and public, under-
rant that does not specify the offense for taking educational operation with a specific
which it was issued. [Gutierrez v. People, age-group of pupils or students pursuing de-
CA-GR SP 90294, Aug. 31, 2006]. fined studies at defined levels, receiving in-

887
struction from teachers, usu. located in a vancement, dissemination, and application
building or a group of buildings in a particu- of scientific and technical knowledge in all
lar physical or cyber site. [Sec. 4, RA 9155]. fields of natural science and technology.
[Sec. 3, RA 8439].
School administrators. All persons occupying
policy implementing positions having to do Scientific career system (SCS). A system of
with the functions of the school in all levels. recruitment, career progression, recognition
[Sec. 6, BP 232]. and reward of scientists in the public service
as a means of developing a pool of highly
School fees, Other. All miscellaneous fees
qualified and productive scientific personnel.
charged to be charged by private schools,
[EO 901, July 19, 1983].
colleges and universities as embodied in
their respective prospectuses, bulletins of in- Scintilla. Lat. 1. A minute amount; an iota or
formation, or catalogues, which are collect- trace. 2. A spark; a flash.
ed and earmarked for certain specified pur-
Scintilla of evidence. A metaphorical expres-
poses pursuant to existing laws, rules and
sion describing a very insignificant or trifling
regulations. [Sec. 1, Rule II, PD 451].
item of evidence.
School head. A person responsible for the
Score. 1. In street language, it means desire
administrative and instructional supervision
to buy drugs. [People v. Pablo, GR 105326.
of the school or cluster of schools. [Sec. 4,
Dec. 28, 1994]. 2. In the parlance of those
RA 9155].
engaged in the illegal trade in drugs, the
School levels. Elementary, secondary, and word means "buy.‖ [GR 97930. May 27,
collegiate levels, excl. free school and post- 1992].
graduate courses. [Sec. 1, PD 577].
Scout. Intl. Law. Soldiers not in disguise who
School year. The total of 2 semesters [or 3 have penetrated into the zone of operations
trimesters, or 4 quarterms, as the case may of a hostile army to obtain information but
be] and 1 summer. are not considered as spies. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 138].
Schools. Duly established institutions of learn-
ing or educational institutions. [Sec. 26, BP Scouting. The action of gathering information
232]. about enemy forces or an area.
Science. A branch of knowledge or study deal- SCRA. See Sup. Court Reports Annotated.
ing with a body of facts or truths systemati-
Scrap. Manufactured articles or parts rejected
cally arranged and showing the operation of
for imperfection or discarded bec. of exces-
general laws.
sive wear or lack of demand and useful only
Scienter. Lat. Knowledge. 1. Required in Arts. as raw material for reprocessing. [Napocor
162, 165, 187, 188 (2) and (4), 244, 316 (2), v. CA, GR 122195. July 23, 1998].
319 (1), 333, 335 (2) and 350 of the Rev.
Scrap and build. A strategy which involves
Penal Code. 2. In legal situations, the word
the creation of new units and/or positions
is usu. used to refer to ―guilty knowledge".
corresponding to the equivalent cost of
For example, owners of vicious dogs may
structures or staffing reduced or abolished.
be liable for injuries caused by these dogs if
This includes deactivation of organizational
they can prove the owner's "scienter" (i.e.,
units and/or the conversion of vacant posi-
that the owner was aware, before the attack,
tions, in exchange for new units or positions
of the dog's vicious character).
of equivalent cost. [Sec. 3.4, NBC 485, Mar.
Scientific and technological activities 13, 2003].
(STA). All systematic activities which are
closely concerned with the generation, ad-

888
Screen. A movable device, esp. a framed Seafarer. 1. A mariner or sailor. 2. Any person
construction such as a room divider or a who is employed, engaged or works
decorative panel, designed to divide, con- onboard seagoing ships, whether or not
ceal, or protect. such ships are engaged in the domestic or
overseas trade, and to whom the STCW
Screen test. A filmed test to ascertain whether
Convention applies. [Sec. 2, RA 10635].
an actor is suitable for a film role.
Seafarers. Ship officers and ratings manning
Screening. The evaluation or investigation of
ships, incl. offshore workers, service provid-
something as part of a methodical survey, to
ers and fishermen, as denned in the revised
assess suitability for a particular role or pur-
rules on the issuance of seafarer‘s identifi-
pose.
cation and record book of the MARINA.
Screening test. A rapid test performed to [Sec. 2, RA 10590].
establish potential or presumptive positive
Seal. 1. Any of various closures or fastenings
result. [Sec 3, RA 9165].
that cannot be opened without rupture and
Scriptory. Of or pertaining to writing; ex- that serve as a check against tampering or
pressed in writing; used in writing. unauthorized opening. [Syquia v. CA. GR
98695. Jan. 27, 1993]. 2. v. To mark a doc-
Scriptory credit. Credit appearing in a public
ument with a seal; to authenticate or make
instrument or final judgment. binding by affixing a seal. Court seal, corpo-
SCSR. See Social Case Study Report. rate seal.
SDR. See Special Drawing Rights. Sealed. Fastened or closed securely.
Sea. The expanse of salt water that covers Sealed canvass. One wherein an offer is re-
most of the earth's surface and surrounds its ceived by the authorized official in a sealed
landmasses. envelope or the like. [IRR on Supply & Prop.
Sea farming. The stocking of natural or hatch-
ery-produced marine plants or animals, un- Seaman. Any person employed in a vessel
der controlled conditions, for purposes of engaged in maritime navigation. [Art. 13,
rearing and harvesting, but not limited to LC].
commercially-important fishes, mollusks Search. To try to find something by looking or
(such as pearl and giant clam culture), incl. otherwise seeking carefully and thoroughly.
seaweeds and seagrasses. [Sec. 4, RA
8550]. Search of a moving vehicle. Highly regulated
by the govt., the vehicle‘s inherent mobility
Sea level rise. An increase in sea level which reduces expectation of privacy esp. when its
may be influenced by factors like global
transit in public thoroughfares furnishes a
warming through expansion of sea water as highly reasonable suspicion amounting to
the oceans warm and melting of ice over probable cause that the occupant committed
land and local factors such as land subsid- a criminal activity.[Valleroso v. CA, GR
ence. [Sec. 3, RA 9729]. 164815, Sep. 3, 2009].
Sea ranching. The release of the young of
Search warrant. 1. An order in writing issued
fishery species reared in hatcheries and in the name of the People of the Phils.
nurseries into natural bodies of water for signed by a judge and directed to a peace
subsequent harvest at maturity or the ma- officer, commanding him to search for per-
nipulation of fishery habitat, to encourage sonal property and bring it before the court.
the growth of the wild stocks. [Sec. 4, RA
[Sec. 1, Rule 126, RoC]. 2. A search warrant
8550]. is in the nature of a criminal process akin to
a writ of discovery. It is a special and peculi-

889
ar remedy, drastic in nature, and made nec- Searching inquiry. Rem. Law. Under the
essary bec. of a public necessity. [Malaloan Rules (of Court), it means more than inform-
v. CA, GR 104879. May 6, 1994]. 3. A writing cursorily the accused that he faces a jail
ten order issued by a judge that directs a term [bec. the accused is aware of that] but
law enforcement officer to search a specific so also, the exact length of imprisonment
area for a particular piece of evi- under the law and the certainty that he will
dence. Compare with Warrant of arrest. serve time at the natl. penitentiary or a penal
colony. [People v. Dayot, GR 88281. July
Search warrant. Requisites for issuance: (a)
20, 1990].
Probable cause is present; (b) such proba-
ble cause must be determined personally by Searching questions and answers. Such
the judge; (c) the judge must examine, in questions as have tendency to show the
writing and under oath or affirmation, the commission of a crime and the perpetrator
complainant and the witnesses he or she thereof, taking into consideration the pur-
may produce; (d) the applicant and the wit- pose of the preliminary examination which is
nesses testify on the facts personally known to determine "whether there is a reasonable
to them; and (e) the warrant specifically de- ground to believe that an offense has been
scribes the place to be searched and the committed and the accused is probably
things to be seized. [Abuan v. People, GR guilty thereof so that a warrant of arrest may
168773, Oct. 27, 2006]. be issued and the accused held for trial."
[Luna v. Plaza, GR L-27511. Nov. 29, 1968].
Search warrants maliciously obtained and
abuse in the service of those legally ob- Seashore. 1. An area of sandy, stony, or rocky
tained. The act of any public officer or em- land bordering and level with the sea. 2. The
ployee who shall procure a search warrant land bet. high- and low-water marks.
without just cause, or, having legally pro-
Seashore park. Any public shore area delim-
cured the same, shall exceed his authority
ited for outdoor recreation, sports fishing,
or use unnecessary severity in executing the
water skiing and related healthful activities.
same.
[Sec. 3, PD 705].
Searches and seizures. Instances where they
Season. One of the divisions of the year,
are allowed even without a valid warrant: 1.
marked by alternations in the length of day
Warrantless search incidental to a lawful ar-
and night, or by distinct conditions of tem-
rest; 2. [Seizure] of evidence in ―plain view‖;
perature, moisture, etc.
3. Search of a moving vehicle; 4. Consented
warrantless search; 5. Customs search; 6. Seasonably. At an opportune time.
Stop and Frisk; 7. Exigent and emergency
circumstances; 8. Search of vessels and Seasonal. Of, relating to, or characteristic of a
aircraft; and 9. Inspection of buildings and particular season of the year.
other premises for the enforcement of fire, Seasonal employment. Labor. An employ-
sanitary and building regulations. [Valleroso ment where an employee is engaged to
v. CA, GR 164815, Sep. 3, 2009]. work during a particular season on an activi-
Searching domicile without witnesses. ty that is usu. necessary or desirable in the
Crim. Law. The felony committed by a public usual business or trade of the employer.
officer or employee who, in cases where a [Poquiz, Labor Rel. Law, 1999 Ed. p. 317].
search is proper, shall search the domicile, Seasonal farmworker. A natural person who
papers or other belongings of any person, in is employed on a recurrent, periodic or in-
the absence of the latter, any member of his termittent basis by an agricultural enterprise
family, or in their default, without the pres- or farm, whether as a permanent or a non-
ence of 2 witnesses residing in the same lo- permanent laborer, such as "dumaan",
cality. [Art. 130, RPC]. "sacada", and the like. [Sec. 3, RA 6657].

890
Seat belt. A belt or strap securing a person to the 2 hyperfine levels of the ground state of
prevent injury, esp. in a vehicle or aircraft. the cesium 133 atom. [Sec. 4, BP 8].
Seat belt device. Any strap, webbing or simi- Second class ricelands. Those which yield
lar device in the form of pelvic restraint or 40 cavans or less, the same to be computed
lap belt, upper torso restraint or shoulder upon the normal average harvest of the 3
strap or a combination thereof designed to preceding years. [Sec. 14, RA 2263].
secure a person in a motor vehicle in order
Second level. Civ. Serv. One of the 3 classes
to mitigate the results of any accident, incl.
of positions in the career service appoint-
all necessary buckles and other fasteners,
ment to which requires examinations [and
and all hardware designed for installing such
which] shall include professional, technical,
seat belt device in a motor vehicle. [Sec. 3,
and scientific positions which involve pro-
RA 8750].
fessional, technical or scientific work in a
Seat Belts Use Act of 1999. RA 8750 entitled non-supervisory or supervisory capacity re-
―An Act requiring the mandatory compliance quiring at least 4 years of college work up to
by motorists of private and public vehicles to Division Chief levels. [Admin. Code of 1987].
use seat belt devices, and requiring vehicle
Second party certification. When the certifi-
manufacturers to install seat belt devices in
cation criteria and rules are set by buyers or
all their manufactured vehicles‖ enacted on
industry orgs. [Sec. 3, RA 10068].
Aug. 5, 1999.
Second reading of a bill. The reading in full
Seaworthiness. 1. Fitness to traverse the
of the bill with the amendments proposed by
seas. 2. A relative term depending upon the
the committee, if any. [Tolentino v. Sec. of
nature of the ship, voyage, service and
Finance, GR 115455. Aug. 25, 1994].
goods denoting in general, a ship‘s fitness to
perform the service and to encounter the or- Second written notice. [The notice to be
dinary perils of the voyage, contemplated by served on the employee to be dismissed] to
the parties to the policy. [Sec. 114, IC]. inform him of his employer‘s decision to
dismiss him. [Ace Promotion and Marketing
Seaworthiness. Scope: A warranty of seawor-
Corp. v. Ursabia, GR 171703, Sep. 22,
thiness extends not only to the condition of
2006]. Compare with First written notice.
the structure of the ship itself, but requires
that it be properly laden, and provided with a Second zone. Mar. Ins. A zone of time in the
competent master, a sufficient number of collision of vessels covering the time bet.
competent officers and seamen, and the the moment when the risk of collision begins
requisite appurtenances and equipment, and the moment when it becomes practical-
such as ballasts, cables and anchors, cord- ly a certainty. In this zone, the conduct of
age and sails, food, water, fuel and lights, the vessels is primordial. It is in this zone
and other necessary or proper stores and that vessels must observe nautical rules,
implements for the voyage. [Sec. 116,IC]. unless a departure therefrom becomes nec-
essary to avoid imminent danger. The ves-
Seaworthy. A ship which is reasonably fit to
sel which does not make such strict ob-
perform the service and to encounter the or-
servance is liable.
dinary perils of the voyage contemplated by
the parties to the policy. [Sec. 114, IC]. Secondary. Coming after, less important than,
or resulting from someone or something
SEC. See Securities and Exchange Com-
else that is primary.
mission.
Secondary authority. Legal encyclopedias,
Second. The base unit of time which is the
treatises, legal texts, law review articles, and
duration of 9 192 631 770 periods of the ra-
citators. Writings which set forth the opinion
diation corresponding to the transition bet.
of the writer as to the law.

891
Secondary beneficiaries. The dependent his part, may prove its contents in some au-
parents and, subject to the restrictions im- thentic document, or by the testimony of
posed on dependent children, the illegiti- witnesses in the order stated. [Sec. 5, Rule
mate children and legitimate descendants. 130, RoC]. 2. Evidence which is inferior to
[Art. 167, LC]. Compare with Primary bene- primary evidence and admissible only in the
ficiaries. absence of the latter. Compare with Prima-
ry evidence or Best evidence.
Secondary canal. The channel connected to
the main canal which distributes irrigation to Secondary franchise. The powers granted to
specific areas. [Sec. 4, RA 8435]. a corp. by the sovereign and specified in its
charter or by statute. See Special fran-
Secondary cataract. Also After-cataract. A
chise.
cataract which occurs after certain forms of
cataract extractions. [Jarillo v. ECC, GR L- Secondary liability. A type of legal obligation
52058. Feb. 25, 1982]. where one party assumes legal responsibil-
ity for the actions of another party. See
Secondary compulsory heirs. Succ. 1. Heirs
Subsidiary liability.
who may be excluded by other compulsory
heirs. They embrace only parents or as- Secondary meaning doctrine. A word or
cendants. [Jurado, Comments & Jurisp. on phrase originally incapable of exclusive ap-
Succ., 1991 8th Ed., p. 236]. 2. A class of propriation with reference to an article in the
compulsory heirs who succeed only in the market, bec. geographical or otherwise de-
absence of the primary compulsory heirs, scriptive might nevertheless have been
such as (a) legitimate parents and legitimate used so long and so exclusively by one pro-
ascendants with respect to their legitimate ducer with reference to this article that, in
children and descendants, and (b) illegiti- that trade and to that group of the purchas-
mate parents with respect to their illegiti- ing public, the word or phrase has come to
mate children. See Primary compulsory mean that the article was his produce. [Ang
heirs. v. Teodoro, GR L-48226 Dec. 14, 1942].
See Doctrine of secondary meaning.
Secondary education. 1. The 3rd stage of
compulsory basic education [which] consists Secondary mortgage institution (SMI). An
of 4 years of junior high school education entity created for the purpose of enhancing
and 2 years of senior high school education. a secondary market for residential mortgag-
The entrant age to the junior and senior high es and housing-related asset-backed securi-
school levels are typically 12 and 16 years ties (ABS). [Sec. 3, RA 9267].
old, respectively. [Sec. 4, RA 10533]. 2. The
Secondary processing. The physical trans-
state of formal education following the ele-
formation of semi-processed agricultural or
mentary level concerned primarily with con-
fishery pro-ducts. [Sec. 4, RA 8435].
tinuing basic education and expanding it to
include the learning of employable gainful Secondment. The detachment of a person
skills, usu. corresponding to 4 years of high from his regular org. for temporary assign-
school. [Sec. 20, BP 232]. ment elsewhere.
Secondary evidence. Also Substitutionary Secrecy of bank deposits. The treatment of
evidence. 1. The rule of evidence that when all deposits of whatever nature with banks or
the orig. document has been lost or de- banking institutions in the Phils. incl. invest-
stroyed, or cannot be produced in court, the ments in bonds issued by the Govt. of the
offeror, upon proof of its execution or exist- Phils., its political subdivisions and its in-
ence and the cause of its unavailability, strumentalities, as being of an absolutely
without bad faith on his part, loss or destruc- confidential nature and thus they may not be
tion, or unavailability, without bad faith on examined, inquired or looked into by any

892
person, govt. official, bureau or office, ex- and (b) To discourage private hoarding so
cept upon written permission of the deposi- that banks may lend such funds and assist
tor, or in cases of impeachment, or upon or- in the economic development of the country.
der of a competent court in cases of bribery
Secrecy of Bank Deposits Law. RA 1405
or dereliction of duty of public officials, or in
entitled ―An Act prohibiting disclosure of or
cases where the money deposited or in-
inquiry into, deposits with any banking insti-
vested is the subject matter of the litigation,
tution and providing penalty therefor‖ enact-
pursuant to RA 1405.
ed on Sep. 9, 1955.
Secrecy of bank deposits. Exceptions; The
Secret. Something that is kept or meant to be
records of bank deposits may be disclosed
kept unknown or unseen by others.
under any of the following instances: (a)
Upon written consent of the depositor; (b) In Secret keys. A characteristics style or sym-
cases of impeachment; (c) Upon order of bols kept from the knowledge of others or
competent court in cases of bribery or dere- disclosed confidentially to but one of few.
liction of duty of public officials; (d) In cases [Sec. 42, RA 5921].
where the money deposited or invested is
the subject matter of the litigation; [Sec. 2, Secret marriage. A legally non-existent
phrase but ordinarily used to refer to a civil
RA 1405]; (e) Upon order of the Comm. of
Int. Rev. in respect of the bank deposits of a marriage celebrated without the knowledge
decedent for the purpose of determining of the relatives and/or friends of either or
such decedent‘s gross estate; (f) Upon the both of the contracting parties. [Rep. v. CA,
order of the Comm. of Int. Rev. in respect of GR 103047. Sep. 2, 1994].
bank deposits of a taxpayer who has filed Secret partner. A partner whose connection
an application for compromise of his tax lia- with the firm is kept secret. [Suarez, Intro. to
bility by reason of financial incapacity to pay Law, 1995 3rd Ed., p. 120].
his tax liability; [Sec. 6(F)(1), NIRC]; (g) In
case of dormant accounts / deposits for at Secret partnership. A common law partner-
least 10 years under the Unclaimed Balanc- ship in which the participation of one or
es Act; [Sec. 2, Act 3936]; (h) When the ex- more persons as partners is not disclosed to
amination is made by the BSP to insure the public by any of the partners. All of the
compliance with the Anti-Money Laundering partners have unlimited personal liability.
Law in the course of a periodic or special Secretariat. The chief administrative organ of
examination; (i) With court order: (1) In cas- the UN which is headed by a Sec. Gen.
es of unexplained wealth under Sec. 8 of [Cruz, Intl. Law Reviewer, 1996 Ed., p. 35].
the Anti-Graft and Corrupt Practices Act;
[PNB v. Gancayco, GR L-18343, Sep. 30, Secretary. The person vested with the authori-
1965]; or (2) In cases filed by the Ombuds- ty and responsibility for the exercise of the
man and upon the latter‘s authority to exam- mandate of the Department, for the dis-
ine and have access to bank accounts and charge of its powers and functions, and who
records; [Marquez v. Desierto, GR 138569, shall have supervision and control of the
Sep. 11, 2003]; and (j) Without court order: Department. [Sec. 3, RA 10149].
If the AMLC determines that a particular de- Secretary-General. The head of the UN Sec-
posit or investment with any banking institu- retariat chosen by the General Assembly
tion is related to the following: (a) Hijacking, upon the recommendation of the Security
(b) Kidnapping, (c) Murder, (d) Destructive Council. His term is fixed at 5 years by reso-
Arson, and (e) Violation of the Dangerous lution of the General Assembly, with re-
Drugs Act. [2004, 2006 Bar Exam.]. election. [Cruz, Intl. Law Reviewer, 1996
Secrecy of bank deposits. Purposes: (a) To Ed., p. 35].
encourage deposit in banking institutions;

893
Sector. A distinct part or branch of a nation's Securities. 1. Shares, participation or interests
economy or society or of a sphere of activi- in a corp. or in a commercial enterprise or
ty. profit-making venture and evidenced by a
certificate, contract, instruments, whether
Sectoral organization. A group of citizens or
written or electronic in character. [Sec. 3,
a coalition of groups of citizens who share
SRC]. 2. Shares of stock in a corp. and
similar physical attributes or characteristics,
rights to subscribe for or to receive such
employment, interest or concerns. [Sec. 3,
shares. The term includes bonds, deben-
RA 7941].
tures, notes or certificates, or other evidence
Sectoral party. An organized group of citizens of indebtedness, issued by any corp., incl.
belonging to any of the sectors enumerated those issued by a govt. or political subdivi-
in Sec. 5 of RA 7941 whose principal advo- sion thereof, with interest coupons or in reg-
cacy pertains to the special interest and istered form. [Sec. 22, NIRC, as amended].
concerns of their sector. [Sec. 3, RA 7941]. 3. Written evidences of ownership, interest,
or participation, in an enterprise, or written
Sectoral representation. The term implies evidences of indebtedness of a person or
that the person to be appointed must pos- enterprise. It includes, but is not limited to
sess the necessary qualifications to repre-
the instruments enumerated in Sec. 2 of the
sent that particular sector. At the very least, Securities Act [CA 83, as amended]. [Sec. 3,
the appointee must actually belong to the PD 129].
sector which he purports to represent, oth-
erwise there can be no true representation. Securities and Exchange Commission
[Supangan v. Santos, GR 89072. Aug. 24, (SEC). The natl. agency-originally created
1990]. under CA 83 which supervises and monitors
the securities industry and exercises juris-
Secured claim. Corp. Law. 1. A claim that is diction and supervision over all corp.s, part-
secured by a lien. [Sec. 4, RA 10142]. 2.
nerships or assocs., which are the grantees
Any claim whose payment or fulfillment is of primary franchise and/or a license or
secured by contract or by law, incl. any clam permit issued by the govt. to operate in the
or credit enumerated under Arts. 2241 and Phils.
2242 of the Civ. Code and Art. 110, as
amended, of the Labor Code of the Phils. Securities market participant. A broker deal-
[Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, er, underwriter, transfer agent or other jurid-
2008]. Compare with Unsecured claim. ical persons transacting securities in the
capital market. [Sec. 4, RA 10142].
Secured creditor. A creditor with a secured
claim. [Sec. 4, RA 10142]. Securities Regulation Code (SRC). The
Securities Regulation Code of 2000 and its
Secured debts. In bankruptcy, a debt is se- IRR.
cured if the debtor gave the creditor a right
to repossess the property or goods used as Securitization. The process by which assets
collateral. are sold on a without recourse basis by the
seller to a special purpose entity (SPE) and
Secured loan. A loan in which the borrower the issuance of asset-backed securities
pledges some asset as collateral for the (ABS) by the SPE which depend, for their
loan, which then becomes a secured debt payment, on the cash flow from the assets
owed to the creditor who gives the loan. so sold and in accordance with the plan for
Secured party. A secured creditor or the securitization as approved by the SEC.
agent or representative of such secured [Sec. 3, RA 9267].
creditor. [Sec. 4, RA 10142]. Security. Any note, stock, treasury stock,
bond, debenture, evidence of indebtedness,

894
certificate of interest or participation in any July 19, 2000]. 2. Spcl. Law. The degree of
profit-sharing agreement, collateral-trust cer- protection afforded to qualified Program
tificate, pre-org. certificate or subscription beneficiaries against infringement or unjust,
transferable share, investment contract, vot- reasonable and arbitrary eviction or disposi-
ing-trust certificate, certificate of deposit for tion, by virtue of the right of ownership,
a security, fractional undivided interest in oil, lease agreement, usufruct and other con-
gas, or other mineral rights, or, in general, tractual arrangements. [Sec. 3, RA 7279].
any interest or instrument commonly known
Sedition. Crim. Law. The felony committed by
as a security or any certificate of interest or
persons who rise publicly and tumultuously
participation in, temporary or interim certifi-
in order to attain by force, intimidation, or by
cate for, receipt for, guarantee of, or warrant
other means outside of legal methods, any
or right to subscribe to or purchase, any of
of the following objects: 1. To prevent the
the foregoing. [Sec. 3, RA 2629].
promulgation or execution of any law or the
Security Council. The organ of the UN pri- holding of any popular election; 2. To pre-
marily responsible for the maintenance of vent the Natl. Govt., or any provincial or
intl. peace and security. [Cruz, Intl. Law Re- municipal govt. or any public officer thereof
viewer, 1996 Ed., p. 27]. from freely exercising its or his functions, or
prevent the execution of any administrative
Security guard or Watchman. Any person
order; 3. To inflict any act of hate or revenge
who offers or renders personal service to
upon the person or property of any public of-
watch or secure either residential or busi-
ficer or employee; 4. To commit, for any po-
ness establishment, or both, or any building,
litical or social end, any act of hate or re-
compound, or area incl. but not limited to
venge against private persons or any social
logging concessions, agricultural, mining or
class; and 5. To despoil, for any political or
pasture lands for hire or compensation, or
social end, any person, municipality or prov-
as an employee thereof. [Sec. 3, RA 5487,
ince, or the Natl. Govt., of all its property or
as amended by PD 11].
any part thereof. [Art. 139, RPC].
Security guard or Watchman agency. Any
Seduce. 1. To attract someone to a belief or
person, assoc., partnership, or corp., who
into a course of action that is inadvisable or
recruits, trains, muster, furnishes, solicits in-
foolhardy. 2. To entice into sexual activity.
dividuals or business firms, private or
GOCCs to engage his service or those of its Seduction. That [which], in law, is more than
watchmen. [Sec. 3, RA 5487, as amended mere sexual intercourse, or a breach of
by PD 11]. promise of marriage; it connotes essentially
the idea of deceit, enticement, superior
Security interest. A property interest in
power or abuse of confidence on the part of
goods, documents or instruments to secure
the seducer to which the woman has yield-
performance of some obligations of the en-
ed. [Tanjanco v. CA, GR L-18630 Dec. 17,
trustee or of some 3rd persons to the en-
1966].
truster and includes title, whether or not ex-
pressed to be absolute, whenever such title Seductive. Tempting and attractive; enticing.
is in substance taken or retained for security
Seed capital. The initial capital used to start a
only. [Sec. 3, PD 115].
business.
Security of tenure. 1. Labor. The Constitu-
Seed money. Money allocated to initiate a
tional guarantee that an employee cannot
project.
be dismissed from the service for causes
other than those provided by law and only Seed tree system. Partial clearcutting with
after due process is accorded the employee. seed trees left to regenerate the area. [Sec.
[See De Guzman v. Comelec, GR 129118, 3, PD 705].

895
Seeking ship. A vessel looking for cargo to be the protection and conservation of soil and
transported. water. [Sec. 3, PD 705].
Segregate. To set apart from the rest or from Selective taxes on services. Taxes imposed
each other; isolate or divide. on persons and entities engage in providing
services to the customers such as miller‘s
Segregation. The procedure where, upon
tax imposed on proprietors or operators of
initial contact with a child alleged to have
rope factories, coconut oil mills and desic-
committed an offense, the law enforcer
cated coconut factories; the contractor‘s tax
places the child in a separate and different
imposed on contractors, proprietors of dock-
area from adult detention prisoners, and en-
yards, general construction and the like; the
sures that female children are separated
percentage tax on hotels, motels, restau-
from male children. [Rule on Juveniles in
rants, caterer‘s and others; percentage tax
on common carriers whether by air, land or
24, 2009].
water services and keepers of garages; tax-
Seisin. The legal possession of property. In es on stock, real state commercial, customs
law, the term refers more specifically to the and immigration brokers or cinematographic
possession of land by a freeholder. For ex- film owners, lessors or distributors; and tax-
ample, an owner of a building has seisin, but es on dealers of securities and lending in-
a tenant does not, bec. the tenant, although vestors. This also includes taxes imposed
enjoying possession, does not have the leon gross receipts by all banks and financial
gal title in the building. institutions; taxes imposed on premiums re-
ceived by insurance companies; and
Seize. 1. To take hold of suddenly and forcibly.
amusement taxes.
2. To capture a place using force.
Self-closing doors. Automatic closing doors
Seizure. The act of taking possession of prop- that are designed to confine smoke and heat
erty, e.g., for a violation of law or by virtue of
and delay the spread of fire. [Sec. 3, PD
an execution. The term implies a taking or 1185; Sec. 3, RA 9514].
removal of something from the possession,
actual or constructive, of another person or Self-contradiction. An admission is for a par-
persons. ty-opponent what a self-contradiction is to a
witness, i.e., a statement made somewhere
Seizure of evidence in plain view. Elements:
else, and inconsistent with his allegations of
(a) A prior valid intrusion based on the valid claim or defense in the case on trial. His 2
warrantless arrest in which the police are le- statements being inconsistent, one or the
gally present in the pursuit of their official
other must be incorrect; hence a doubt is
duties; (b) the evidence was inadvertently thrown on his present allegation. He may be
discovered by the police who had the right able to explain away the other and incon-
to be where they are; (c) the evidence must sistent statement; but unless he does so,
be immediately apparent, and (d) "plain the present allegation remains discredited.
view" justified mere seizure of evidence
[Olave v. CA, GR L-39984. Apr. 30, 1987].
without further search. [People v. Aruta, GR
120915. Apr. 13, 1998]. Self-dealing director, trustee or officer. A
director, trustee or officer dealing with his
Selective logging. The systematic removal of own corp. The contract of such corp. one or
the mature, over-mature and defective trees more of its director, trustee or officer is ren-
in such manner as to leave adequate num-
dered voidable at the option of the corp. un-
ber and volume of healthy residual trees of der Sec. 32 of the Corp. Code.
the desired species necessary to assure a
future crop of timber, and forest cover for Self-defense. 1. Crim. Law. The claim that an
act otherwise criminal was legally justifiable

896
bec. it was necessary to protect a person or Self-executing treaty. Intl. Law. A treaty con-
property from the threat or action of anoth- taining a term that says that it is directly ef-
er. 2. Intl. Law. The right of a state to defend fective within the signatory states upon rati-
itself when it can show that the use of force fication.
in its own defense is necessary, justified,
Self-gratification. The act of giving oneself
and proportionate to the seriousness of the
pleasure or of satisfying one's own desires.
circumstances.
See Masturbation.
Self-defense. Crim. Law. Essential requisites:
Self-help. The act or an instance of helping or
(a) Unlawful aggression on the part of the
improving oneself without assistance from
victim, (b) reasonable necessity of the
others.
means employed to repel the aggression,
and (c) lack of sufficient provocation on the Self-help doctrine. The right of the owner or
part of the accused. [People v. Obzunar, GR lawful possessor of a thing to exclude any
92153. Dec. 16, 1996]. person from the enjoyment and disposal
thereof. For this purpose, he may use such
Self-determination. Intl. Law. The right of all
force as may be reasonably necessary to
peoples to freely determine their political
repel or prevent an actual or threatened un-
status and freely pursue their economic, so-
lawful physical invasion or usurpation of his
cial, and cultural development.
property. [Art. 429, CC].
Self-employed. 1. A person who works for
Self-incrimination. Giving testimony in a trial
himself and is therefore both employee and
or other legal proceeding that could subject
employer at the same time. [Sec. 1, RA
one to criminal prosecution.
9241]. 2. Persons engaged in business and
who derive their personal income from such Self-incrimination, Right against. 1. The
business. This includes single proprietor- constitutional right of people to refuse to
ships, i.e., manufacturers, traders, market give testimony against themselves that
vendors, owners of eateries, farmers and could subject them to criminal prosecution.
service shops. [Sec. 2, RA 7496]. The right is guaranteed in under Art. III, Sec.
17 of the 1987 Phil. Consti. which provides:
Self-executing. Coming into effect automati-
―No person shall be compelled to be a wit-
cally at a specified time, no legislation or
ness against himself.‖ 2. A protection
other action being needed for enforcement.
against testimonial compulsion. It prohibits
Self-executing constitutional provision. A the use of physical or moral compulsion to
constitutional provision whose nature and extort communications from the accused,
extent of the right conferred and the liability not an exclusion of his body as evidence
imposed are fixed by the constitution itself, when it may be material. Essentially, the
so that they can be determined by an exam- right is meant to ―avoid and prohibit positive-
ination and construction of its terms, and ly the repetition and recurrence of the cer-
there is no language indicating that the sub- tainly inhuman procedure of compelling a
ject is referred to the legislature for action. person, in a criminal or any other case, to
[Manila Prince Hotel v. GSIS, GR 122156. furnish the missing evidence necessary for
Feb. 3, 1997]. his conviction.‖ [People v. Codilla, GR
100720-23. June 30, 1993].
Self-executing provision. A provision which
is complete in itself and becomes operative Self-judging. The act or fact of judging one-
without the aid of supplementary or enabling self.
legislation, or that which supplies sufficient
Self-judging reservation. Intl. Law. A reser-
rule by means of which the right it grants
vation that allows a state to exclude from the
may be enjoyed or protected. [Manila Prince
Hotel v. GSIS, GR 122156. Feb. 3, 1997].

897
jurisdiction of the ICJ any dispute that it de- Sell a dangerous drug. The act of giving a
termines is a domestic matter. dangerous drug, whether for money or any
other material consideration. [Sec. 2, RA
Self-service. Of or denoting an establishment
6425].
[a restaurant or shop etc.] where customers
serve themselves. Seller. 1. Consumer Law. A person engaged
in the business of selling consumer products
Self-serving. Serving one's own interests,
directly to consumers. It shall include a sup-
esp. without concern for the needs or inter-
plier or distributor if (a) the seller is a subsid-
ests of others.
iary or affiliate of the supplier or distributor;
Self-serving declarations. 1. [O]ne that is (b) the seller interchanges personnel or
made by a party, out of court and in his fa- maintains common or overlapping officers or
vor. It does not include the testimony he directors with the supplier or distributor; or
gives as a witness in court. [People v. Vil- (c) the supplier or distributor provides or ex-
larama, GR 139211, Feb. 12, 2003]. 2. A ercises supervision, direction or control over
statement favorable to the interest of the the selling practices of the seller. [Art. 4, RA
declarant. It is not admissible in evidence as 7394]. 2. Securities Law. The person or enti-
proof of the facts asserted. The vital objec- ty which conveys to the special purpose en-
tion to the admission of this kind of evidence tity (SPE) the assets forming the asset pool
is its hearsay character. Furthermore, such in accordance with the plan for securitization
declarations are untrustworthy; to permit as approved by the SEC. In most instances,
their introduction in evidence would open the Seller may itself be the Originator. [Sec.
the door to frauds and perjuries. [Fitzsim- 3, RA 9267].
mons v. Atlantic, Gulf & Pacific Co., GR L-
Selling of false or mutilated coin, without
2016. Aug. 23, 1949]. Compare with Decla-
connivance. Crim. Law. The felony commit-
ration against interest.
ted by the person who knowingly, although
Self-serving evidence. Evidence made by a without connivance, shall possess false or
party out of court at one time; it does not in- mutilated coin with intent to utter the same,
clude a party's testimony as a witness in or shall actually utter such coin. [Art. 165,
court. It is excluded on the same ground as RPC].
any hearsay evidence, that is the lack of op-
Semen. Legal Med. A viscid, albuminous fluid
portunity for cross-examination by the ad-
with faint grayish yellow color and fishy odor
verse party, and on the consideration that its
which transports the sperm through the vas
admission would open the door to fraud and
deferens and the erect penis during sexual
to fabrication of testimony. [Natl. Devt. Co.
intercourse. [Olarte, Legal Med., 1st Ed.
v. Workmen's Compensation Comm., GR L-
(2004), p. 125.
21724, Apr. 27, 1967].
Semi-commercial carabao production. The
Self-serving statements. Those made by a
raising of 20 to 49 carabaos. [Sec. 3, RA
party out of court advocating his own inter-
7307].
est; they do not include a party's testimony
as a witness in court. Self-serving state- Semilla or Seedling. A part of the fruit of the
ments are inadmissible bec. the adverse plant which produces it when it germinates
party is not given the opportunity for cross- under proper conditions. [People v. Mesias,
examination, and their admission would en- 65 Phil., 267].
courage fabrication of testimony. [Hernan-
Seminal. Highly influential in an orig. way;
dez v. CA, GR 104874. Dec. 14, 1993].
constituting or providing a basis for further
Sell. To dispose of by sale. development.

898
Seminal case. This is generally the 1st case Senile cataract. The most common form of
from the highest court to have decided the cataract occurring after the age of 50 due to
issue and stated the proposition of law in aging or degenerative changes. [Jarillo v.
question. If the proposition was itself a re- ECC, GR L-52058. Feb. 25, 1982].
versal or revision of earlier authority, the
Senile dementia. Childishness. In the 1st
seminal case is the reversing or revising
stages of the disease, a person may pos-
case. As the 1st case to have stated the
sess reason and have will power. [Torres v.
proposition in question, the seminal case
Lopez, GR 24569. Feb. 26, 1926].
has generally gone into some depth in ana-
lyzing the issue and the court's rationale in a Senile psychosis. The term is not always
manner that might not be repeated in later synonymous with insanity as understood by
cases. the laity, for in medicine, it signifies only a
general weakening of a mind previously
Semi-precious coral. Skeleton of anthozoan
normal.
coelenterate characterized by a thorny,
horny axis, such as the Antipatharians as Senior. Of a more advanced age.
represented by the black corals. [Sec. 3, PD
1219]. Senior citizen. 1. Any person who is at least
60 years of age. [Sec. 3, RA 7876]. 2. Any
Semisueño. Sp. The legal term to denote a resident citizen of the Phils. at least 60
person who is half asleep, "semi" being the years old, incl. those who have retired from
prefix meaning "half" or "partly," and "sueño" both govt. offices and private enterprises,
being "sleep, sleeping, drowsiness. [People and has an income of not more than
v. Salarza, Jr., GR 117682. Aug. 18, 1997]. P60,000.00 per annum subject to review by
NEDA every 3 years. [Sec. 2, RA 7432].
Semolina. The purified middlings of durum or
other hard wheat, used for macaroni and Senior citizen or Elderly. Any resident citizen
similar edible pastes; sezings or course of the Phils. at least 60 years old. [Sec. 3.
middlings. [Farm Implement Machinery Co. RA 9994].
v. Comm. of Customs, GR L-12613. May 30,
1962]. Senior citizens. 1. Qualified voters who are
60 years or older. [Sec. 2, RA 10366]. 2.
Semper et ubique. Lat. At all times and eve- Those 60 years of age and above. [Sec. 4,
rywhere. RA 9710].
Semper necessitas probandi incumbit illi Senior citizens center. The place established
qui agit. Lat. The necessity of proof always by RA 7876 or the Senior Citizens Center
lies with the person who lays charges. [Used Act, with recreational, educational, health
in Lopez v. Tioco, GR L-2827 Oct. 3, 1907]. and social programs and facilities designed
for the full enjoyment and benefit of the sen-
Semper praesumitur pro matrimonio. Lat.
ior citizens in the city or municipality accred-
Always presume marriage. [Adong v.
ited by the DSWD. It can be any available
Cheong Seng Gee, GR L-18081 Mar. 3,
structure, a spacious room in a private or
1922].
public building, a room attached to a com-
Senescent. Aging: growing old. munity center, a barangay hall or chapel.
[Art. 5, IRR of RA 9994].
Senescent coconut trees. Coconut trees
which are already overage, weak and no Senior Citizens Center Act of the Philip-
longer productive. [Sec. 3, RA 8048]. pines. RA 7876 entitled ―An Act establishing
a senior citizens center in all cities and mu-
Senile. Having or showing the weaknesses or
nicipalities of the Phils., and appropriating
diseases of old age, esp. a loss of mental
funds therefor‖ enacted on Feb. 14, 1995.
faculties.

899
Senior encumbrancer. A lien or mortgage tional, the other section or provision of the
holder who is superior to another holder or law shall not be affected thereby. [Suarez,
encumbrancer. Compare with Junior en- Stat. Con., (1993), p. 51].
cumbrancer.
Separability doctrine. The doctrine that
Senior lien. A prior lien which has precedence enunciates that an arbitration agreement is
as to the property under the lien over anoth- independent of the main contract. The arbi-
er lien or encumbrance. Compare with Jun- tration agreement is to be treated as a sepa-
ior lien. rate agreement and the arbitration agree-
ment does not automatically terminate when
Senior mortgage. A mortgage which is of
the contract of which it is part comes to an
superior priority; above those which are of-
end. [Gonzales v. Climax Mining Ltd., GR
ten referred to as junior mortgages. Com-
161957, Jan. 22, 2007].
pare with Junior mortgage.
Separate customs territory principle. The
Seniority. Higher rank than that of others esp.
principle [of the VAT system that holds that]
by reason of longer service.
in an Ecozone, being a separate customs
Sensitive personal information. Personal territory, the legal fiction of a foreign territory
information: (a) About an individual‘s race, is created. Consequently, sales made by a
ethnic origin, marital status, age, color, and in the customs territory [i.e. outside the
religious, philosophical or political affilia- Ecozone] to a PEZA-registered entity are
tions; (b) About an individual‘s health, edu- considered exports to a foreign country.
cation, genetic or sexual life of a person, or Conversely, sales by a PEZA-registered en-
to any proceeding for any offense committed tity to a person in the customs territory are
or alleged to have been committed by such deemed imports from a foreign country.
person, the disposal of such proceedings, or
Separate judgments. Rem. Law. That ren-
the sentence of any court in such proceed-
dered by the court at any stage, upon a de-
ings; (c) Issued by govt. agencies peculiar to
termination of the issues material to a par-
an individual which includes, but not limited
ticular claim and all counterclaims arising
to, social security numbers, previous or cm-
out of the transaction or occurrence which is
rent health records, licenses or its denials,
the subject matter of the claim,, when more
suspension or revocation, and tax returns;
than one claim for relief is presented in an
and (4) Specifically established by an EO or
action, disposing of such claim. The judg-
an act of Congress to be kept classified.
ment shall terminate the action with respect
[Sec. 3, RA 10173].
to the claim so disposed of and the action
Sensu strictiore. Lat. "More strictly" speaking. shall proceed as to the remaining claims.
[Rule 36, Sec. 5, RoC].
Sentence. 1. The punishment ordered by a
court for a defendant convicted of a Separate (legal) personality doctrine. See
crime. 2. The punishment given to a person Doctrine of separate (legal) personality.
who has been convicted [i.e., found to be
Separate opinion (of a Member of the Su-
guilty] of a crime. It may be time in jail,
preme Court). An opinion submitted to the
community service or a period of probation.
Chief Justice or Division Chairperson by a
Sentencia firme. Sp. Final judgment. [People Member of the Sup. Court who agrees with
v. Satorre, GR L-26282. Aug. 27, 1976]. the result of the case, but based on different
reason or reasons. A concurrence "in the
Sentenciador. Sp. Referee. See Referee.
result" should state the reason for the quali-
Separability clause. A clause which states fied concurrence. [The Internal Rules of the
that if for any reason, any section or provi- Sup. Court, AM 10-4-20-SC, May 4, 2010].
sion of the statute is held to be unconstitu-

900
Compare with Dissenting opinion and 1992]. 2. The amount that an employee re-
Concurring Opinion. ceives at the time of his severance from the
service and is designed to provide the em-
Separate opinion. An opinion written by one
ployee with "the wherewithal during the pe-
or more justices that may agree or dissent
riod that he is looking for another employ-
from the majority opinion.
ment.‖ [Santos v. NLRC, GR L-76721. Sep.
Separation. 1. An agreement or court decree 21, 1987].
terminating a spousal relationship. 2. Dis-
Septage. The sludge produced on individual
charge, as from employment or military ser-
onsite wastewater disposal systems, princi-
vice.
pally septic tanks and cesspools. [Sec 4, RA
Separation of church and state doctrine. 9275].
The doctrine enshrined in Sec. 6, Art. II of
Sepsis. The presence in tissues of harmful
the 1987 Phil. Consti. which provides that:
bacteria and their toxins, typically through
"The separation of Church and State shall
infection of a wound.
be inviolable." The idea advocated by this
principle is to delineate the boundaries bet. Septic. Infected with bacteria.
the 2 institutions and thus avoid encroach-
Septic tank absorption bed or drain field.
ments by one against the other bec. of a
An underground system of pipes leading
misunderstanding of the limits of their re-
from the outlet of the septic tank, consisting
spective exclusive jurisdictions. [Austria v.
of open-jointed or perforated pipes so dis-
NLRC, GR 124382, 16 Aug. 1999].
tributed that the effluent from a septic tank is
Separation of powers doctrine. A basic pos- oxidized and absorbed by the soil. [Sec. 71,
tulate that forbids one branch of govt. to ex- PD 856].
ercise powers belonging to another co-equal
Septic tank. A water tight receptacle which
branch; or for one branch to interfere with
receives the discharge of a plumbing system
the other's performance of its constitutional-
or part thereof, and is designed to accom-
ly-assigned functions. [Velasco, Jr., concur-
plish the partial removal and digestion of the
ring op., Neri v. Senate Committee on Ac-
suspended solid matter in the sewage
countability of Public Officers and Investiga-
through a period of detention. [Sec. 71, PD
tions, GR 180643, Mar. 25, 2007].
856].
Separation of property regime. Fam. Law.
Septicemia. Blood poisoning. [Carillo v. Peo-
The property relations during marriage
ple, GR 86890. Jan. 21, 1994].
where each spouse shall own, dispose of,
possess, administer and enjoy his or her Sequester. 1. Ro seize esp. by a writ of se-
own separate estate, without need of the questration. 2. To place a property in custo-
consent of the other. To each spouse shall dy.
belong all earnings from his or her profes-
sion, business or industry and all fruits, nat- Sequester ill-gotten property. To place or
ural, industrial or civil, due or received dur- cause to be placed under its possession or
control said property, or any building or of-
ing the marriage from his or her separate
property. [Art. 145, FC]. fice wherein any such property and any rec-
ords pertaining thereto may be found, incl.
Separation pay. Labor. 1. A statutory right "business enterprises and entities," - for the
defined as the amount that an employee re- purpose of preventing the destruction, con-
ceives at the time of his severance from the cealment or dissipation of, and otherwise
service and is designed to provide the em- conserving and preserving, the same - until
ployee with the wherewithal during the peri- it can be determined, through appropriate
od that he is looking for another employ- judicial proceedings, whether the property
ment. [Aquino v. NLRC, GR 87653, Feb. 11, was in truth "ill-gotten," i.e., acquired

901
through or as a result of improper or illegal permanent disability to the patient. [Sec. 2,
use of or the conversion of funds belonging RA 8344].
to the Govt. or any of its branches, instru-
Serious illegal detention. Crim. Law. The
mentalities, enterprises, banks or financial
felony committed when a private individual,
institutions, or by taking undue advantage of
not any of the parents of the victim, unlaw-
official position, authority, relationship, con-
fully detains another, or in any manner de-
nection or influence, resulting in unjust en-
priving the latter of his liberty, and that any
richment of the ostensible owner and grave
of the following circumstances is present: (a)
damage and prejudice to the State. [Bataan
That the detention lasts for more than 3
Shipyard Eng‘g. Co. Inc. v. PCGG, GR
days; or (b) That it is committed simulating
75885. May 27, 1987].
public authority; or (c) That any serious
Sequestration. 1. The seizure of private prop- physical injuries are inflicted upon the victim
erty or assets in the hands of any person or or threats to kill him are made; or ((d) That
entity in order to prevent the utilization, the victim is a minor, female or a public of-
transfer or conveyance of the same for pur- ficer.
poses inimical to natl. security, or when
Serious illegal detention. Crim. Law. Ele-
necessary to protect the interest of the Govt.
ments: (a) That the offender is a private in-
or any of its instrumentalities. It shall include
dividual; (b) that he kidnaps or detains an-
the taking over and assumption of the man-
other, or in any manner deprives the latter of
agement, control and operation of the pri-
his liberty; (c) that the act of detention is ille-
vate property or assets seized' [Reiterated
gal, not being ordered by any competent au-
in PD 1835 (Anti-Subversion Law of 1981,
thority nor allowed by law; (d) that any of the
repealed by PD 1975 prom. on May 2,
following circumstances is present: (d.1) that
1985)]. 2. The taking of someone's property,
the detention lasts for more than 5 days; or
voluntarily (by deposit) or involuntarily (by
(d.2) that it is committed by simulating public
seizure), by court officers or into the pos-
authority; or (d.3) that any serious physical
session of a 3rd party, awaiting the outcome
injuries are inflicted upon the person kid-
of a trial in which ownership of that property
napped or threats to kill him shall have been
is at issue. See Judicial deposit.
made; or (d.4) that the person kidnapped or
Seriatim. Lat. One after another, as in a se- detained is a minor, female, or a public of-
ries. Thus, issues or facts are discussed se- ficer. [People v. Mercado, GR 65152, 30
riatim [or "ad seriatim"], meaning one by one Aug. 1984].
in order.
Serious injury. A significant impairment in the
Series. Classes of positions in an occupational position of a domestic industry after evalua-
group with similar specialized lines work that tion by competent authorities of all relevant
differ in the difficulty of duties and responsi- factor of an objective and quantifiable nature
bilities and are assigned different grades. having a bearing on the situation of the in-
[Sec. 3, PD 985]. dustry concerned, in particular, the rate and
amount of the increase in imports of the
Serious. Important, weighty, momentous, and
products concerned in absolute and relative
not trifling. [Buenaventura v. Benedicto,
terms the share of the domestic market take
Adm. Case 137-J. Mar. 27, 1971].
by increased imports, change in level of
Serious case. A condition of a patient charac- sales, production, productivity, capacity utili-
terized by gravity or danger wherein based zation, profit and losses, and employment.
on the objective findings of a prudent medi- [Sec. 4, RA 8800].
cal officer on duty for the day when left unat-
Serious misconduct. Labor. Misconduct of
tended to, may cause loss of life or cause
such a grave and aggravated character and
not merely trivial or unimportant. Such mis-

902
conduct, however serious, must, neverthe- with other conditions that may be deter-
less, be in connection with the employee's mined by the attending physician as serious.
work to constitute just cause for his separa- [Sec. 3, RA 10028; Sec. 3, RA 7600].
tion. [Azucena, The Labor Code, Vol. II,
Serrano doctrine. Labor. The violation by the
Rev. Ed., 1996, p. 662].
employer of the notice requirement in termi-
Serious misconduct. Labor. Requisites that nation for just or authorized causes was not
must be present to justify dismissal: (a) It a denial of due process that will nullify the
must be serious; (b) it must relate to the per- termination. However, the dismissal is inef-
formance of the employee's duties; and (c) it fectual and the employer must pay full
must show that the employee has become backwages from the time of termination until
unfit to continue working for the employer. it is judicially declared that the dismissal was
[Yabut v. Meralco, GR 190436 Jan. 16, for a just or authorized cause. [From Serra-
2012]. no v. NLRC, GR 117040, May 4, 2000].
Compare with Agabon doctrine and
Serious offense. An offense where the im-
Wenphil doctrine.
posable penalty for the offense committed
exceeds 6 years imprisonment. [Rule on Ju- Service. Rem. Law. 1. The act of providing a
veniles in Conflict with The Law, AM 02-1- party with a copy of the pleading or paper
18-SC, Nov. 24, 2009]. concerned. If any party has appeared by
counsel, service upon him shall be made
Serious physical injuries. Crim. Law. The
upon his counsel or one of them, unless
service upon the party himself is ordered by
wound, beat, or assault another, if in conse-
the court. Where one counsel appears for
quence of the physical injuries inflicted, the
several parties, he shall only be entitled to
injured person shall become insane, imbe-
one copy of any paper served upon him by
cile, impotent, or blind; or the person injured
the opposite side. [Sec. 2, Rule 13, RoC]. 2.
shall have lost the use of speech or the
With respect to repair and service firms,
power to hear or to smell, or shall have lost
services supplied in connection with a con-
an eye, a hand, a foot, an arm, or a leg or
tact for construction, maintenance, repair,
shall have lost the use of any such member,
processing, treatment or cleaning of goods
or shall have become incapacitated for the
or of fixtures on land, or distribution of
work in which he was therefor habitually en-
goods, or transportation of goods. [Art. 4,
gaged; or the person injured shall have be-
RA 7394]. 3. An act or action, such as work
come deformed, or shall have lost any other
rendered or performed for another.
part of his body, or shall have lost the use
thereof, or shall have been ill or incapacitat- Service and handling charge. A charge for
ed for the performance of the work in which expenses in procuring a loan which must be
he as habitually engaged for a period of a reasonable or fair compensation for the
more than 90 days; or if the physical injuries actual expense or loss incurred or for the
inflicted shall have caused the illness or in- actual services rendered.
capacity for labor of the injured person for
Service by mail. Rem. Law. Service by regis-
more than 30 days. [Art. 263, RPC].
tered mail made by depositing the copy in
Serious physical injuries. Crim. Law. Ways the office, in a sealed envelope, plainly ad-
of committing: (a) Beating; (b) Assaulting; dressed to the party or his counsel at his of-
(c) Wounding; or (d) Administering noxious fice, if known, otherwise at his residence, if
substances. [Art. 263 and 264, RPC]. known, with postage fully pre-paid, and with
instructions to the postmaster to return the
Seriously ill mothers. Those who are: with
mail to the sender after 10 days if undeliv-
severe infections; in shock; in severe cardi-
ered. If no registry service is available in the
ac or respiratory distress; or dying; or those
locality of either the sender or the address-

903
ee, service may be done by ordinary mail. Service mark. 1. A mark used in the sale or
[Sec. 7, Rule 13, RoC]. advertising of services to identify the ser-
vices of one person and distinguish them
Service contractor. Any person, partnership
from the services of others and includes
or corp. duly licensed by the secretary to re-
without limitation the marks, names, sym-
cruit workers for its accredited projects or
bols, titles, designations, slogans, character
contracts overseas. [Sec. 2, RA 8042].
names, and distinctive features of radio or
Service contracts. Infrastructure contracts other advertising. [Art. 188, RPC]. 2. A mark
entered into by any department, office or or symbol used to identify a person who
agency of the natl. govt. with private entities provides services.
and NGOs for services related or incidental
Service of process. The delivery of writs,
to the functions and operations of the de-
summonses, and subpoenas by delivering
partment, office or agency concerned. [Sec.
them to the party named in the document.
2, RA 8975].
Also referred to as Service.
Service cooperative. One which engages in
Service organization. An intergovernmental
medical and dental care, hospitalization,
org. that carries on some particular program.
transportation, insurance, housing, labor,
electric light and power, communication and Service provider. 1. (a) Any public or private
other services. [Art. 23, RA 6938]. entity that provides to users of its service the
ability to communicate by means of a com-
Service cooperatives. Those which provide
puter system; and (b) Any other entity that
any type of service to its members, incl. but
processes or stores computer data on be-
not limited to, transport, information and
half of such communication service or users
communication, insurance, housing, electric,
of such service. [Sec. 3, RA 10175]. 2. A
health services, education, banking, and
provider of: (a) Online services or network
savings and credit. [Sec. 1, RA 9520].
access or the operator of facilities therefor
Service enterprise. One engaged predomi- incl. entities offering the transmission, rout-
nantly in the sale of services to individuals ing, or providing of connections for online
for their own or household use. [Sec. 1, PD communications, digital or otherwise, bet. or
1634]. among points specified by a user, of elec-
tronic documents of the user's choosing; or
Service establishment. One primarily en-
(b).The necessary technical means by which
gaged in the sale of service to individuals for electronic documents of an originator may
their own or household use and is generally be stored and made accessible to designat-
recognized as such. [Sec. 1, Rule 7, Book 3,
ed or undesignated 3rd party. [Sec. 5, RA
IRR of LC]. 8792].
Service fee. The amount charged by a licen- Service sectors. Any parts of the economy
see or authority holder from its foreign em- involving the performance of a service.
ployer-principal or partner as payment for
actual services rendered in relation to the Servicer. The entity designated by the special
recruitment and employment of workers for purpose entity (SPE) to collect and record
said principal or partner. [Sec. 1, Rule 1, payments received on the assets, to remit
IRR of LC]. such collections to the SPE, and perform
such other services as may be specifically
Service incentive leave (SIL). A leave of 5 required by the SPE, excl. asset manage-
days with pay to which every employee who
ment or administration. [Sec. 3, RA 9267].
has rendered at least one year of service
shall be entitled. [Art. 95, LC]. Services. 1. Those services that are the sub-
ject of a consumer transaction, either to-
gether with, or separate from any kind of

904
personal property, whether tangible or in- ment of money. [Lopez v. Gloria, GR L-
tangible. [Art. 4, RA 7394]. 2. The duties, 13846 Aug. 30, 1919].
work or functions performed or discharged
Setting fire to property exclusively owned
by a govt. officer, or by a private person
by the offender. Crim. Law. The felony
contracted by the govt., as the case may be.
committed if the property burned shall be
[Sec. 1, PD 426].
the exclusive property of the offender, or, if
Services rendered under compulsion in the arson shall have been committed for the
payment of debt. Crim. Law. The felony purpose of defrauding or causing damage to
committed by any person who, in order to another, or, prejudice shall actually have
require or enforce the payment of a debt, been caused, or if the thing burned shall
shall compel the debtor to work for him, have been a building in an inhabited place.
against his will, as household servant or [Art. 326, RPC repealed by PD 1613].
farm laborer. [Art. 274, RPC].
Settlement. An agreement bet. the parties
Servient. Subordinate. disposing of a lawsuit.
Servient estate. The immovable which is sub- Settlers. Persons who range from the forest-
ject to the easement. [Art. 613, CC]. See clearing pioneers, incl. indigenous people,
Dominant estate. with a subsistence economy to the better
equipped and more experienced farmers.
Servitude. From Lat. servitudo: slavery. A
[Sec. 3, RA 10000].
right to the use of another's property. See
also Easement. Settlor. The person who sets up a trust. Also
referred to as Grantor.
Set-off. 1. A counterclaim demand which the
defendant holds against the plaintiff, arising Severable. Capable of being severed or sepa-
out of a transaction extrinsic of plaintiff‘s rated; separable into legally distinct rights or
cause of action. A claim filed by a defendant obligations, as a contract.
against the plaintiff when sued and in which
Severable contract. A contract made up of
he seeks to cancel the amount due from him
several separate contracts bet. the same
or to recover an amount in excess of the
parties such that the breaching of a portion
plaintiff‘s claim against him. 2. A money de-
thereof does not breach the entire contract.
mand by the defendant against the plaintiff
arising upon contract and constituting a debt Severability clause. A clause in a contract
independent of and unconnected with the that allows for the terms of the contract to be
cause of actions set forth in the complaint, independent of one another, so that if a term
and may be used to offset a plaintiff‘s claim in the contract is deemed unenforceable by
but not to recover affirmatively. [Korea Ex- a court, the contract as a whole will not be
change Bank v. Gonzales, GR 142286-87. deemed unenforceable. If there were no
Apr. 15, 2005]. Also known in Sp. as Com- severability clause in a contract, a whole
pensacion. contract could be deemed unenforceable
bec. of one unenforceable term.
Set-off. Requisites that must concur to be
considered as a counterclaim: (a) the same Severabilty doctrine. See Separability doc-
be essentially a genuine action of the de- trine.
fendant against the plaintiff; (b) the same
should have as its object to neutralize, whol- Several. Separate or respective.
ly or partially, that which the plaintiff is trying Several obligation. One by which one individ-
to obtain; (c) the same does not have for its ual binds himself to perform the whole obli-
object to destroy directly the action of the gation. [Ronquillo v. CA, GR L-55138. Sep.
plaintiff; and (d) the same ought not to pray 28, 1984].
for a positive remedy distinct from the pay-

905
Severance. Labor. The termination of contrac- not attended by error, is immutable. [Silverio
tual association [as employment]. [Mar- v. Rep., GR 174689; Oct. 22, 2007].
copper Mining Corp. v. NLRC, GR 83207.
Sex reassignment. A male-to-female post-
Aug. 5, 1991, 1969 Ed. p. 2081].
operative transsexual. Silverio v. Rep., GR
Severance pay. Labor. 1. An allowance usu. 174689; Oct. 22, 2007].
based on length of service that is payable to
Sex tourism. A program organized by travel
an employee on severance except usu. in
and tourism-related establishments and in-
case of disciplinary discharge. [Marcopper
dividuals which consists of tourism packag-
Mining Corp. v. NLRC, GR 83207. Aug. 5,
es or activities, utilizing and offering escort
1991, 1969 Ed. p. 2081]. 2. Compensation
and sexual services as enticement for tour-
due an employee upon the severance of his
ists. This includes sexual services and prac-
employment status with the employer.
tices offered during rest and recreation peri-
[Ibid.].
ods for members of the military. [Sec. 3, RA
Sewage. Water-borne human or animal 10364; Sec. 3, RA 9208].
wastes, excl. oil or oil wastes, removed from
Sexual abuse. The employment, use, persua-
residences, building, institutions, industrial
sion, inducement, enticement or coercion of
and commercial establishments together
a child to engage in, or assist another per-
with such groundwater, surface water and
son to engage in, sexual intercourse or las-
storm water as maybe present incl. such
civious conduct or the molestation, prostitu-
waste from vessels, offshore structures,
tion, or incest with children. [Sec. 2(g) and
other receptacles intended to receive or re-
(h) of the Rules and Regulations to imple-
tain waste or other places or the combina-
ment RA 7610; People v. Sumingwa, GR
tion thereof. [Sec 4, RA 9275].
183619, 13 Oct. 2009].
Sewerage. Any system or network of pipe-
Sexual abuse. Elements: (a) The accused
lines, ditches, channels, or conduits incl.
commits the act of sexual intercourse or las-
pumping stations, lift stations and force
civious conduct; (b) the said act is per-
mains, service connections incl. other con-
formed with a child exploited in prostitution
structions, devices, and appliances appurte-
or subjected to other sexual abuse; and (c)
nant thereto, which includes the collection,
the child, whether male or female, is below
transport, pumping and treatment of sewage
18 years of age. [Sec. 5(b), Art. III of RA
to a point of disposal. [Sec 4, RA 9275].
7610; Amployo v. People, GR 157718, 26
Sex. The sum of peculiarities of structure and Apr. 2005].
function that distinguish a male from a fe-
Sexual anaesthesia. Legal Med. The absence
male or the distinction bet. male and female.
of sexual desire. [Olarte, Legal Med., 1st Ed.
[Silverio v. Rep., GR 174689; Oct. 22,
(2004), p. 115].
2007].
Sexual congress. Carnal knowledge. Sexual
Sex impulse. Legal Med. An irresistible desire
intercourse.
to sexual perversion. [Olarte, Legal Med., 1st
Ed. (2004), p. 151]. Sexual exploitation. Participation by a person
in prostitution, pornography or the produc-
Sex of a person. [It] is determined at birth,
tion of pornography, in exchange for money,
visually done by the birth attendant [the
profit or any other consideration or where
physician or midwife] by examining
the participation is caused or facilitated by
the genitals of the infant. Considering that
any means of intimidation or threat, use of
there is no law legally recognizing sex reas-
force, or other forms of coercion, abduction,
signment, the determination of a person‘s
fraud, deception, debt bondage, abuse of
sex made at the time of his or her birth, if
power or of position or of legal process, tak-

906
ing advantage of the vulnerability of the per- Sexual propensity. Eroticism. [Andal v. Mac-
son, or giving or receiving of payments or araig, GR L-2474, May 30, 1951].
benefits to achieve the consent of a person
Sexual relations. A single sexual act which
having control over another person; or in
may or may not result in the bearing of a
sexual intercourse or lascivious conduct
common child. [Sec. 3, RA 9262].
caused or facilitated by any means as pro-
vided in RA 10364. [Sec. 3, RA 10364]. 2. Sexual violence. An act which is sexual in
Participation by a person in prostitution or nature, committed against a woman or her
the production of pornographic materials as child. It includes, but is not limited to: a)
a result of being subjected to a threat, de- rape, sexual harassment, acts of lascivious-
ception, coercion, abduction, force, abuse of ness, treating a woman or her child as a sex
authority, debt bondage, fraud or through object, making demeaning and sexually
abuse of a victim's vulnerability. [Sec. 3, RA suggestive remarks, physically attacking the
9208]. sexual parts of the victim's body, forcing
her/him to watch obscene publications and
Sexual harassment. 1. A work, education or
indecent shows or forcing the woman or her
training-related offense committed by an
child to do indecent acts and/or make films
employer, employee, manager, supervisor,
thereof, forcing the wife and mistress or lov-
agent of the employer, teacher, instructor,
er to live in the conjugal home or sleep to-
professor, coach, trainor, or any other per-
gether in the same room with the abuser; b)
son who, having authority, influence or mor-
acts causing or attempting to cause the vic-
al ascendancy over another in a work or
tim to engage in any sexual activity by force,
training or education environment, de-
threat of force, physical or other harm or
mands, requests or otherwise requires any
threat of physical or other harm or coercion;
sexual favor from the other, regardless of
c) Prostituting the woman or child. [Sec. 3,
whether the demand, request or require-
RA 9262].
ment for submission is accepted by the ob-
ject of RA 7877. [Sec. 3, RA 7877]. 2. A Sexually transmitted diseases (STD). Any
term used in human rights legislation and re- disease that may be acquired or passed on
ferring primarily to harassment in employ- through sexual contact. [Sec. 4, RA 8496].
ment situations, related to sex or gender,
Sexually Transmitted Infection (STI). Any
which detrimentally affects the working envi-
ronment. The most overt variation of sexual infection that may be acquired or passed on
harassment is the quid pro quo offer of through sexual contact, use of IV, intrave-
nous drug needles, childbirth and breast-
work-favor in exchange for sexual favor.
feeding. [Sec. 4, RA 10354].
Sexual health. A state of physical, mental and
social well-being in relation to sexuality. It SFRS. See Simplified Fund Release Sys-
requires a positive and respectful approach tem.
to sexuality and sexual relationships, as well Shabu. See Methamphetamine hydrochlo-
as the possibility of having pleasurable and ride or Poor man's cocaine.
safe sexual experiences, free from coercion,
discrimination and violence. [Sec. 4, RA Shall. A word of command, and one which has
10354]. always or which must be given a compulso-
ry meaning, and-it is generally imperative or
Sexual intercourse. 1. Carnal copulation of a mandatory. It has the invariable significance
male and a female usu. implying actual of operating to impose a duty which may be
penetration of the organs of the former and enforced, particularly if public policy is in fa-
latter. [People v. Batis, GR 94188-89. Dec. vor of this meaning or when public interest is
17, 1992, 4th Ed., p. 1541]. 2. Penetration of involved, or where the public or persons
a man's penis into a woman's vagina. have rights which ought to be exercised or

907
enforced, unless a contrary intent appears. in the management of the corp. and to share
[Perez v. CA, GR 118870. Mar. 29, 1996]. in the profits and in the property and assets
thereof on dissolution, after payment of the
Shallow. Of little depth.
corporate debts and obligations. [Diaz, Bus.
Shallow tube well (STW). A tube or shaft Law Rev., 1991 Ed., p. 254]. See also
vertically set into the ground for the purpose Stock.
of bringing ground water to the soil surface
Share tenancy. The relationship which exists
from a depth of less than 20 meters by suc-
whenever 2 persons agree on a joint under-
tion lifting. [Sec. 4, RA 8435].
taking for agricultural production wherein
Sham. Something false or empty purporting to one party furnishes the land and the other
be genuine. his labor, with either or both contributing any
one or several of the items of production,
Shame. A painful feeling of humiliation or dis- the tenant cultivating the land personally
tress caused by the consciousness of wrong with the aid of labor available from members
or foolish behavior.
of his immediate farm household, and the
Shameless. An adjective which connotes produce thereof to be divided bet. the land-
having or showing no feeling of shame, holder and the tenant. [Sec. 166, RA 3844].
modesty or decency; brazen or impudent.
Share tenancy. Also Agricultural lease rela-
Share. A portion of a company bought by a tionship. Elements: (a) The parties are the
transfer of cash in exchange for a certificate, landowner and the tenant or agricultural les-
the certificate constituting proof of share see; (b) the subject matter of the relation-
ownership. Persons owning shares in a ship is agricultural land; (c) there is consent
company are called shareholders. There are bet. the parties to the relationship; (d) the
2 basic kinds of shares: common and pre- purpose of the relationship is to bring about
ferred. agricultural production; (e) there is personal
cultivation on the part of the tenant or agri-
Share cropper. (Leasehold) Tenant. [Toledo cultural lessee, and (f) the harvest is shared
v. Court of Agrarian Relations, GR L-16054. bet. the landowner and the tenant or agricul-
July 31, 1963]. tural lessee. [Cuaño v. CA, GR 107159.
Share in escrow. Corp. Law. A share subject Sep. 26, 1994].
to an agreement by virtue of which the share Share tenant. A person who, himself and with
is deposited by the grantor or his agent with the aid available from within his immediate
a 3rd person to be kept by the depositary farm household, cultivates the land belong-
until the performance of a certain condition ing to or possessed by another, with the lat-
or the happening of a certain event con- ter's consent, for purposes of production,
tained in the agreement. [De Leon, Corp. sharing the produce with the landholder.
Code of the Phil. Annotated, 1989 Ed., p. [Delos Reyes v. Espineli, GR L-28280-81.
63]. Nov. 28, 1969].
Share of stock. Corp. Law. 1. An aliquot part Shared governance agreement. Intl. Law. An
of the corp.‘s property, or the right to share agreement by which 2 or more states share
in its proceeds to that extent when distribut- in the governance of a territory.
ed acc. to law and equity and that its holder
is not the owner of any part of the capital of Shareholder. 1. The term includes a member
the corp. [Mobilia Products, Inc. v. Umeza- in an assoc., joint-stock company, or insur-
wa, GR 149357 and 149403, Mar. 4, 2005]. ance company. [Sec. 22, NIRC, as amend-
2. One of the proportionate integers or units ed]. 2. The owner of a share interest in a
of the capital stock, and in the interest or company. Also known as Stockholder.
right which the owner or holder thereof has

908
Shareholder agreement. A contract bet. the Shelter. A place giving temporary protection
shareholders of the company and the com- from bad weather or danger. Housing.
pany itself, in which certain things, usu. the
Shelter principle. Nego. Inst. A principle em-
purview of the BoD, are detailed. For exam-
bodied in the NIL under which a person who
ple, a shareholder might be allowed to man-
does not qualify as a holder in due course
age the company, instead of a BoD. The
can, nonetheless, acquire the rights and
shareholder agreement will also, typically,
privileges of a holder in due course if he de-
control inflows to the company (purchase of
rives his title to the instrument through a
shares), how profits are to be distributed,
holder in due course. However, a person
dispute resolution and what to do if a share-
who previously held the instrument cannot
holder dies.
improve his position by later reacquiring it
Shareholding. A holding in the form of shares from a holder in due course if the former
of corps. holder was a party to a fraud or illegal activi-
ty affecting the instrument or had notice of a
Shares in escrow. Shares that are subject to
claim or defense against the instrument.
an agreement by virtue of which they are
[2008 Bar Exam.].
deposited by the grantor or his agent with a
3rd person to be kept by the depositary until Shelter-care institution. An institution that
the performance of a certain condition or the provides temporary protection and care to
happening of a certain event contained in children requiring emergency reception as a
the agreement. result of fortuitous events, abandonment by
parents, dangerous conditions of neglect or
Shares of stock. Kinds or classifications: (a)
cruelty in the home, being without adult care
Par value shares; (b) No par value shares;
bec. of crisis in the family, or a court order
(c) Common shares; (d) Preferred shares;
holding them as material witnesses. [Art.
(e) Redeemable shares; (f) Treasury
117, PD 603].
shares; (g) Founder‘s share; (h) Voting
shares; (i) Non-voting shares; (j) Convertible Sheltered employment. The provision of
shares; (k) Watered stock; (l) Fractional productive work for disabled persons
share; (m) Shares in escrow; (n) Over- through workshops providing special facili-
issued stock; (o) Street certificate; and (p) ties, income-producing projects or home-
Promotion share. work schemes with a view to giving them the
opportunity to earn a living thus enabling
Shari'a. Arabic. Jurisprudence. 1. The term
them to acquire a working capacity required
has the meaning assigned to it by Islamic
in open industry. [Sec. 4, RA 7277].
law and jurisprudence as expounded by au-
thoritative sources; in the context of RA Shepardize. To locate reports of appeals de-
6848, it is construed by reference to perti- cisions based on prior precedents from
nent Quranic ordinances and applicable Shepard's Citations, books which list the
rules in Islamic jurisprudence on business volume and page number of published re-
transactions. [Sec. 44, RA 6848]. 2. The Is- ports of every appeals court decision which
lamic legal system. It is based upon princi- cites a previously decided case or a statute.
ples found in the Koran and related writings.
Shepardizing. Method for finding subsequent
Shari'a District Courts and Shari'a Circuit development of a legal theory by tracing sta-
Courts. Courts of limited jurisdiction created tus of a case as legal authority.
as part of the judicial system to exercise
Shepard's Citations. A set of volumes pub-
powers and functions in accordance with Ti-
lished primarily for use by judges when they
tle I, Book IV of PD 1083 or the "Code of
are in the process of writing judicial deci-
Muslim Personal Laws of the Phils."
sions and by lawyers when they are prepar-

909
ing briefs, or memoranda of law, that contain Ship agent. 1. The person entrusted with the
a record of the status of cases or statutes. provisioning or representing the vessel in
the port in which it may be found. [Sec. 1,
Sheriff. 1. An officer of the court upon whom
RA 9515]. Hence, whether acting as agent
the execution of a final judgment depends
of the owner of the vessel or as agent of the
[and who] must necessarily be circumspect
charterer, he will be considered as the ship
and proper in his behavior. [Pesongco v. Es-
agent and may be held liable as such, as
toya, AM P-06-2131; Mar. 10, 2006]. 2. The
long as he is the one that provisions or rep-
officer charged with this delicate task [of)
resents the vessel. [Macondray & Co., Inc.
execution of judgment. [Moya v. Bassig, AM
v. Provident Ins. Corp, GR 154305, Dec. 9,
2796-P, 7 Aug. 1985; Caja v. Nanquil, AM
2004]. 2. One who represents the ownership
P-04-1885, 13 Sep. 2004].
of the vessel, and who may, in his own
Sheriff’s return. An official statement by a name and in such capacity, take judicial and
public official in the performance of a duty extrajudicial steps in matters relating to
esp. enjoined by law and is prima facie evi- commerce. [CIR v. US Lines Co., GR L-
dence of the facts therein stated. 16850. May 30, 1962].
SHFC. See Social Housing Finance Corpo- Ship captain. A licensed mariner in ultimate
ration. command of the vessel. He is responsible
for its safe and efficient operation, incl. car-
Shifting. The transfer of the burden of a tax by go operations, navigation, crew manage-
the orig. payer or the one on whom the tax ment and ensuring that the vessel complies
was assessed or imposed to another or with local and intl. laws, as well as company
someone else. [De Leon, Fundamentals of
and flag state policies. All persons on board,
Taxation, 2000 Ed., p. 53]. incl. officers and crew, other shipboard staff
Shifting Majority doctrine. The doctrine members, passengers, guests and pilots,
wherein for each house of Congress to pass are under the captain's authority and are his
a bill, only the votes of the majority of those ultimate responsibility.
present in the session, there being a quor- Ship captain. Inherent powers: (a) To appoint
um, is required. See Doctrine of Shifting or make contracts with the crew in the ship
Majority. agent‘s absence, and to propose said crew,
Ship. 1. Any sea-going vessel and sea-home should said agent be present; but the ship
craft of any type whatsoever constructed or agent may not employ any member against
adapted for the carriage of oil in bulk as car- the captain's express refusal; (b) To com-
go: Provided, That a ship capable of carry- mand the crew and direct the vessel to the
ing oil and other cargoes shall be regarded port of its destination, in accordance with
as a Ship only when it is actually carrying oil the instructions he may have received from
in bulk as cargo and during any voyage fol- the ship agent; (c) To impose correctional
lowing such carriage unless it is proved that punishment: (c.1) upon those who fail to
it has no residues of such carriage of oil in comply with orders; or (c.2) those wanting in
bulk aboard. [Sec. 3, RA 9483]. 2. Any kind, discipline; (d) To make contracts for the
class or type of craft or artificial contrivance charter of the vessel in the absence of the
capable of floating in water, designed to be ship agent or of its consignee; (e) To adopt
used, or capable of being used as a means all proper measures to keep the vessel well-
of water transport in the domestic trade for supplied and equipped, purchasing all that
the carriage of passengers or cargo, or both, may be necessary for the purpose, provided
utilizing its own motive power or that of an- there is no time to request instruction from
other. [Sec. 3, RA 9295]. See Vessel. the ship agent; and (f) To order, in similar
urgent cases while on a voyage, the repairs
on the hull and engines of the vessel and in

910
its rigging and equipment, which are abso- or by both such Filipinos or foreign nation-
lutely necessary to enable it to continue and als, or by corps. whether Filipino or foreign-
finish its voyage. [Art. 610, Code of Com- owned, which is duly authorized by the MA-
merce]. RINA to engage in the business of shipbuild-
ing or ship repair or to otherwise operate a
Ship captain. Obligations: (a) Inventory of
shipyard, graving dock or marine repair
equipment; (b) Keep a copy of Code of
yard. [Sec. 3, RA 9295].
Commerce on board; (c) Have a log book,
freight book, accounting book; (d) Conduct a Shipbuilding. The design, construction,
marine survey of vessel before loading; (e) launching and outfitting of all types of ships
Remain on board while loading; (f) Demand and watercraft. [Sec. 3, RA 9295].
pilot on departure and on arrival at each
Shipbuilding and dry-docking. The construc-
port; (g) Be on deck when sighting land; (h)
tion of vessels, tugboats, barges, tankers,
Arrivals under stress: to file marine protest
and all component parts related to the in-
in 24 hours; (i) Record bottomry loan with
dustry, incl. dredging and dry-docking
Bureau of Customs; (j) Keep papers and
equipment. [Sec. 2, RA 4095].
properties of crew members who might die;
(k) Conduct himself according to the instuc- Shipment. The action of shipping goods. A
tions of the ship agent; (l) Report to ship quantity of goods shipped; a consignment.
agent on arrival; (m) Observe rules on the
situation of lights and maneuvers to prevent Shipowner of a vessel. The person in pos-
collisions; (n) Remain on board until the last session, management and control over the
hope to save the vessel is lost and to abide vessel and the right to direct her navigation.
While the vessel is in his possession, the
by the decision of the majority whether to
abandon or not; (o) In case of shipwreck: file ship owner shall also receive the freight
marine protest, within 24 hours; and (p) earned and paid.
Comply with rules and regulation on naviga- Shipper. Any person, partnership or corp. who
tion. [Art. 612, Code of Commerce]. shall procure for itself the services of a do-
Ship captain. Three-fold character: (a) Gen- mestic ship operator for the carriage of its
eral agent of the ship owner; (b) Vessel‘s cargo in the domestic trade upon payment
technical director; and (c) Govt. rep. of the of proper compensation. [Sec. 3, RA 9295].
flag he navigates under. Shipper’s order. Terms in a bill of lading
Ship mortgage. The pledging and charge which means that the cargo therein is con-
upon title of a ship and its machinery as se- signed only to the shipper or to its assignee.
Therefore, the goods can only be released
curity for a loan.
upon presentation of the orig. bill of lading
Ship mortgage decree of 1978. PD 1521 by the consignee or its assignee.
signed into law on June 11, 1978.
Shipwreck. 1. The damage or destruction of a
Ship repair. The overhaul, refurbishment ren- vessel at sea caused by collision, storm,
ovation improvement, or alteration of the grounding or any other marine peril at sea or
hull, machineries, equipment, outfits and in port rendering the vessel absolutely un-
components of all types of ships. [Sec. 3, navigable or unable to pursue her voyage.
RA 9295]. 2. The loss of the vessel at sea as a conse-
quence of its grounding, or running against
Shipbuilder or Ship repairer. A citizen of the
an object in sea or on the coast. If the wreck
Phils., or a commercial partnership owned
was due to malice, negligence, or lack of
by majority of Filipinos or a corp. incorpo-
skill of the captain, the owner of the vessel
rated under the laws of the Phils., the capital
may demand indemnity from said captain.
of which is owned or controlled in any pro-
portion by Filipinos or by foreign nationals,

911
Shipyard. The shipbuilding or re-pair facilities be sent to cellular phone display panels.
which have the capability to lift vessels [Sec. 3, RA 10639].
above the waterline in order to effect ship
Short selling. The selling of shares which the
work on vessels, appendages, structure,
seller does not actually own or possess and
machinery and equipment. [Sec. 3, RA
therefore he cannot, himself, supply the de-
9295].
livery.
Shoot. To fire or let fly a missile from a weap-
Shortswing transaction. Securities Law. A
on.
transaction where a person buys securities
Shooting range. A facility established for the and sells or disposes of the same within a
purpose of firearms training and skills de- period of 6 months. [Suggested Answer for
velopment, firearm testing, as well as for the 1994 Bar, UPLC, (2002), p. 108].
sports and competition shooting either for
Short-term paper. Any note, draft, bill of ex-
the exclusive use of its members or open to
change, or banker's acceptance payable on
the general public, duly registered with and
demand or having a maturity at the time of
accredited in good standing by the FEO of
issuance of not exceeding 9 months, exclu-
the PNP. [Sec. 3, RA 10591].
sive of days of grace, or any renewal thereof
Shop steward. [One who] is appointed by the payable on demand or having a maturity
union in a shop, department, or plant and likewise limited; and such other classes of
serves as representative of the union, securities, of a commercial rather than an
charged with negotiating and adjustment of investment character, as the SEC may des-
grievances of employees with the supervisor ignate by rules and regulations. [Sec. 3, RA
of the employer. He is the representative of 2629].
the union members in a building or other
Shotgun. A weapon designed, made and
workplace. [Santa Rosa Coca-Cola Plant
intended to fire a number of ball shots or a
Employees Union v. Coca-Cola Bottlers
single projectile through a smooth bore by
Phils., Inc., GR 164302-03, Jan. 24, 2007].
the action or energy from burning gunpow-
Shore. That space alternately covered and der. [Sec. 3, RA 10591].
uncovered by the movement of the tide. Its
Show-ups. [Out-of-court identification(s) con-
interior or terrestrial limit is the line reached
ducted by the police] where the suspect
by the highest equinoctial tides. Where the
alone is brought face to face with the wit-
tides are not appreciable, the shore begins
ness for identification. [People v. Tee-
on the land-side at the line reached by the
hankee, GR 111206-08. Oct. 6, 1995].
sea during ordinary storms or tempests.
Compare with Mug shots and Line-ups.
[Amada v. Dir. of Lands, GR 6866. Aug. 31,
1912]. Shutdown. Labor. The willful act of the em-
ployer himself, following a complete lock-out
Shoreline. The line along which a large body
as contrasted to the compulsory stoppage of
of water meets the land.
operations as a result of a strike and walk-
Short certificate of registration. A certificate out. It can truly be said that all shutdowns
issued by the FEO of the PNP for a govt. of- are lockouts, but not all lockouts constitute
ficial or employee who was issued by his/her or effect shutdowns. [Sta. Mesa Slipways &
employer department, agency or GOCC a Eng‘g. Co., Inc. v. CIR, GR L-4521. Aug. 18,
firearm covered by the long certificate of 1952]. Compare with Lockout.
registration. [Sec. 3, RA 10591].
Sic utere tuo ut alienum non laedas. Lat. So
Short messaging service (SMS). A service use your property as not to injure the prop-
that allows short, alphanumeric messages to erty of others. [Lim v. Pacquing, GR 115044.
Jan. 27, 1995].

912
SID code. See Source identification code. [The Internal Rules of the Sup. Court, AM
10-4-20-SC, May 4, 2010]. Compare with
Sideline. A local idiom which means an ―ancil-
Unsigned resolution.
lary activity.‖ [De Guzman v. CA, GR L-
47822. Dec. 22, 1988]. Significant cave. A cave which contains ma-
terials or possesses features that have ar-
Siga-siga. Tag. Tough characters. [People v.
chaeological, cultural, ecological, historical
Peña, GR L-36435. Dec. 20, 1977]. Also
or scientific value as determined by the
Maton.
DENR in coordination with the scientific
Signature. From Lat. signare: to mark. The community and the academe. [Sec. 3, RA
name of a person written by that person, or 9072].
any distinctive mark meant to authenticate a
SIL. See Service incentive leave.
writing.
Silent partner. A person who invests in a
Signature by "procuration". Nego. Inst. 1.
company or partnership but does not take
Signature by one person expressed to be on
part in administering or directing the org.; he
behalf of another. 2. It operates as notice
just shares in the profits or losses.
that the agent has but a limited authority to
sign, and the principal is bound only in case Silviculture. The establishment, development
the agent in so signing acted within the ac- reproduction and care of forest trees. [Sec.
tual limits of his authority. [Sec. 21, NIL]. 3, PD 705].
Signature of counsel. Rem. Law. [It] consti- Simbolica, Traditio. See Traditio simbolica.
tutes a certificate by [the counsel represent-
Simple annual rate. The uniform percentage
ing a party] that he has read the pleading;
which represents the ratio, on an annual ba-
that to the best of his knowledge, infor-
sis, bet. the finance charges and the amount
mation and belief there is a good ground to
to be financed. It is not the measure of the
support it; and that it is not interposed for
total amount that is allowed to be added to
delay. [Sec. 3, Rule 7, RoC].
the cash price. [Emata v. IAC, GR 72714.
Signature witnessing. Not. Law. A notarial June 29, 1989].
act in which an individual on a single occa-
Simple donation. One the cause of which is
sion: (a) appears in person before the notary
pure liberality (no strings attached). [De Lu-
public and presents an instrument or docu-
na v. Abrigo, GR 57455. Jan. 18, 1990].
ment; (b) is personally known to the notary
Compare with Remuneratory donation or
public or identified by the notary public
Onerous donation.
through competent evidence of identity as
defined by the Rules; and (c) signs the in- Simple illegal possession of firearm, am-
strument or document in the presence of the munition or explosive. Illegal possession
notary public. [Sec. 14, Rule II, AM 02-8-13- of firearm, ammunition or explosive where
SC]. no other offense is committed with the use
of such firearm, ammunition or explosive.
Signed resolution. The manner of adjudica-
[Sec. 1, PD 1745].
tion by which the Sup. Court comprehen-
sively resolves the motion for reconsidera- Simple illegal possession. The sole, simple
tion filed in the case or when a dissenting act of a person who shall, among others, un-
opinion is registered against such resolution. lawfully possess any firearm (or) ammuni-
The signed resolution shall no longer dis- tion. Obviously, possession of any firearm is
cuss issues resolved in the decision and unlawful if the necessary permit and/or li-
need not repeat the facts and the law stated cense therefor is not first obtained. To that
in it. It shall also bear the signatures of the act is attached the penalty of reclusion tem-
Members who took part in the deliberation. poral, maximum, to reclusion perpetua. The

913
gravamen of the offense in its simplest form Simple negligence. A mere lack of prevision
is, basically, the fact of possession of a fire- in a situation where either the threatened
arm without license. [People v. Caling, GR harm is not immediate or the danger not
94784. May 8, 1992]. Compare with Aggra- openly visible. [People v. Vistan, GR 17218
vated illegal possession of firearm. Sep. 8, 1921]. Also Simple imprudence.
Simple imprudence. It consists in the lack of Simple negligence. Elements: (1) That there
precaution displayed in those cases in which is lack of precaution on the part of the of-
the damage impending to be caused is not fender; and (2) that the damage impending
immediate nor the danger clearly manifest. to be caused is not immediate or the danger
[Art. 365, RPC]. Also Simple negligence. is not clearly manifest. [Gaid v. People,
GR 171636, Apr. 7, 2009].
Simple imprudence. Elements: (a) That there
is lack of precaution on the part of the of- Simple rape. [Rape] committed without the
fender; and (b) that the damage impending attendance of any of the said qualifying cir-
to be caused is not immediate or the danger cumstances [such as with the use of a dead-
is not clearly manifest. [Velasco, Jr. J, Dis- ly weapon or by 2 or more persons]. [People
senting Op., Gaid v. People, GR 171636 v. Dela Cruz, GR L-28810, Mar. 27, 1974].
Apr. 7, 2009]. Compare with Qualified rape.
Simple institution. Succ. A kind of institution Simple Resolution. A formal motion passed
where the rights to the succession are by a majority of a single legislative chamber.
transmitted from the moment of the death of Examples: Resolution to extend sympathy
the decedent. [Art. 777, CC]. Compare with on the death of a member; Resolution to ex-
Conditional institution. press thanks to anyone; Resolution to cre-
ate a committee. [Suarez, Stat. Con.,
Simple interest. That which is paid for the
(1993), p. 59].
principal or sum lent, at a certain rate or al-
lowance, made by law or agreement of par- Simple seduction. The seduction of a woman
ties. [Martin, Commentaries and Jurisp. on who is single or a widow of good reputation,
Comml. Laws, Vol. 1, 1988 Rev. Ed., p. over 12 but under 18 years of age, commit-
415]. Compare with Compound interest. ted by means of deceit. [Art. 338, RPC].
Compare with Qualified seduction.
Simple loan or Mutuum. Money or other con-
sumable thing, delivered by one of the par- Simple state. Intl. Law. A state where the
ties to another, upon the condition that the direction of domestic and foreign affairs is
same amount of the same kind and quality placed in a central authority. An example is
shall be paid. [Art. 1933, CC]. the Phils. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 12]. Compare with Composite state.
Simple majority. 50% plus 1 of the total num-
ber of assoc. members. [Sec. 3, RA 9904]. Simple substitution. Also Common or Vul-
gar substitution. Succ. 1. The designation
Simple misconduct. An unacceptable behav-
by the testator of one or more persons to
ior that transgresses the established rules of
substitute the heir or heirs instituted in case
conduct for public officers. [Bautista v. Sula,
such heir or heirs should die before him, or
AM P-04-1920, 17 Aug. 2007].
should not wish, or should be incapacitated
Simple neglect of duty. Failure to give proper to accept the inheritance. 2. Kind of substitu-
attention to a required task. It signifies dis- tion where the testator may designate one
regard of duty due to carelessness or indif- or more person/s to substitute the heir/s in-
ference. [Dajao v. Lluch, AM OCA P-02- stituted in case such heir/s should (a) die
1570. Apr. 3, 2002]. before him (predecease); or (b) should not
wish to accept the inheritance (renounce); or

914
(c) should be incapacitated to accept the in- driguez v. Rodriguez, GR L-23002. July 31,
heritance (incapacitated). [Art. 859, CC]. 1967].
Simple transactions. Requests or applica- Simulation of birth. The tampering of the civil
tions submitted by clients of a govt. office or registry making it appear in the birth records
agency which only require ministerial ac- that a certain child was born to a person
tions on the part of the public officer or em- who is not his/her biological mother, causing
ployee, or that which present only inconse- such child to lose his/her true identity and
quential issues for the resolution by an of- status. [Sec. 3, RA 8552].
ficer or employee of said govt. office. [Sec.
Simulation of births, substitution of one
4, RA 9485]. Compare with Complex
child for another and concealment or
transactions.
abandonment of a legitimate child. Crim.
Simplified Fund Release System (SFRS). A Law. The felony committed by any person
standardized system of releasing allotments who shall simulate births, substitute one
based on a predetermined categorization or child for another, or conceal or abandon any
disaggregation of agency budgets. Under legitimate child with intent to cause such
this system, the category of the expenditure child to lose its civil status, or any physician
item determines the timing and the magni- or surgeon or public officer who, in violation
tude of the release of agency allotments. of the duties of his profession or office, shall
Releases, in turn, are made in accordance cooperate in the execution of any of the
with a prioritization scheme consistent with foregoing crimes. [Art. 347, RPC].
government‘s overall development policy.
Simultaneity principle. Succ. Principle in the
Simplified net income taxation. A tax institution of heirs which states that when
scheme for the self-employed and profes- the testator calls to the succession a person
sionals engaged in the practice of their pro- and his children, they are all deemed to
fession under the NIRC. [RA 7496]. have been instituted simultaneously and not
successively. [Art. 849, CC]. Compare with
Simulate. To give or assume the appearance
Equality principle and Individuality
or effect of often with the intent to deceive.
principle.
Simulated marriage. A marriage lacking the
Sin perjuicio decision. Rem. Law. A decision
essential elements which, before the eyes of
which does not contain a statement of the
the law, is not a marriage at all.
facts which are essential to a clear under-
Simulation. 1. Assumption of appearance standing of the issues presented by the re-
which is feigned, false, deceptive, or coun- spective parties as to the facts involved.
terfeit. 2. Simulation may be absolute or rel- [Dir. of Lands v. Sanz, GR L-21183 Aug. 31,
ative. [Art. 1345, CC]. See Absolute simu- 1923].
lation and Relative simulation.
Sin tax. A kind of sumptuary tax: a tax specifi-
Simulation of a contract. The fact that the cally levied on certain generally socially pro-
apparent contract is not really desired or inscribed goods and services such as alcohol
tended to produce legal effects or in any and tobacco, candies, soft drinks, fast foods,
way alter the juridical situation of the parties. coffee, and gambling.
Thus, where a person, in order to place his
Sin Tax Reform Law. RA 10351 which was
property beyond the reach of his creditors,
enacted on Dec. 19, 2012 and took effect on
simulates a transfer of it to another, he does
Jan. 1, 2013 restructuring the excise tax on
not really intend to divest himself of his title
alcohol and tobacco products by amending
and control of the property; hence, the deed
Secs. 141, 142, 143, 144, 145, 8, 131 and
of transfer is but a sham. [Felix Vda. De Ro-
288 of RA 8424. otherwise known as the
NIRC of 1997, as amended.

915
Sine animo revertendi. Lat. Without any in- dwellings shall include duplexes, row hous-
tention of returning. [Erlanger & Galinger v. es or terraces, and cluster housing. [Sec. 3,
Swedish East Asiatic Co., GR 10051. Mar. BP 220].
9, 1916].
Single-family detached. A dwelling for one
Sine die. Lat. Adjourned without giving any family which is completely surrounded by
future date of meeting or hearing. A court permanent open spaces, with independent
that adjourns sine die essentially dismisses access, services, and use of land. [Sec. 3,
the case by saying that it never wants to BP 220].
hear the case again! A meeting which ad-
Single-line or Single-purpose cooperative.
journs sine die has simply not set a date for
[It] shall include coop. undertaking activities
it's next meeting.
which are related to its main line of business
Sine spe recuperandi. Lat. Without any hope or purpose. [Sec. 1, RA 9520].
of recovering. [Erlanger & Galinger v. Swe-
Sinking fund. A fund that is established for
dish East Asiatic Co., GR 10051. Mar. 9,
the purpose of repaying a debt with a lumpy
1916].
maturity schedule. Payment to a sinking
Singapore import parity (SIP). The deemed fund are generally vested in safe securities
landed cost of a petroleum product imported until the debt reaches maturity. By this time,
from Singapore at a free-on-board price the cumulative payments to the sinking fund
equal to the average Singapore Posting for and its interest earnings should match the
that product at the time of loading. [Sec. 4, amount of principal to be paid.
RA 8479].
Site description location. The exact location
Singapore posting. The price of petroleum of the property being appraised situated in a
products periodically posted by oil refineries certain locality by way of the technical de-
in Singapore and reported by independent scriptions on the land title (TCT) aside from
intl. publications. [Sec. 4, RA 8479]. the address mentioned where it is situated.
Single cab chassis. A motor vehicle with
1998].
complete engine power train and chassis
equipped with a cab that has a maximum of Situation. Intl. Law. The initial stage of a dis-
2 doors and only 1 row of seats. [RA 9224]. pute where the disagreement has not yet
ripened into an actual conflict or where the
Single larceny doctrine. The taking of several
issues have not yet been sufficiently formu-
things, whether belonging to the same or dif-
lated and defined. [Cruz, Intl. Law Reviewer,
ferent owners, at the same time and place
1996 Ed., p. 119].
constitutes but one larceny. [Defensor-
Santiago v. Garchitorena, GR 109266. Dec. Situs. Location.
2, 1993].
Situs criminis. Lat. Location or scene of the
Single renvoi. The referral by the forum court crime.
to the conflict rules of a foreign state, but not
Situs of shares of stock. The situs of shares
to that state's renvoi rules. This may result
of stock is the country where the corp. is
in a reference back to the forum's domestic
domiciled. For purposes of execution, at-
law [remission] or a reference to the domes-
tachment, garnishment or auction sale, it is
tic law of a 3rd state [transmission].
not the domicile or the residence of the
Single-family attached. A dwelling containing owner of the shares but the domicile or resi-
2 or more separate living units each of dence of the corp., which is the place of its
which is separated from another by party or principal business, that determines the situs
lot lines walls and provided with independ- of the shares of stock.
ent access, services, and use of land. Such

916
Situs of taxation. It literally means a place of Skills development. The process through
taxation; the country that has the power and which learners and workers are systemati-
jurisdiction to levy and collect the tax. [Teo- cally provided with learning opportunities to
doro & De Leon, Law on Income Taxation, acquire or upgrade, or both, their ability,
11th Ed. (2001), p. 7]. knowledge and behavior pattern required as
qualifications for a job or range of jobs in a
Situs rule. Provision of tax law setting out the
given occupational area. [Sec. 4, RA 7796].
factors which determine where a particular
asset is situated or deemed to be situated Skills standards. A level or graduated levels
for tax purposes. See Source rule. of proficiency generally accepted by industry
in specific jobs, tasks, trades or occupa-
Situs theory. Also Eclectic theory. The ca-
tions. [Sec. 1, Rule 1, Book 2, IRR of LC].
pacity, legal condition, or status of an indi-
vidual should be governed not necessarily Sky rocket. Also called Kwitis. A large ver-
by the law of his nationality but by the law of sion of a baby rocket designed to be pro-
the place [situs] where an important element pelled to a height of 40 to 50 feet before ex-
of the problem occurs or is situated. [Paras, ploding. [Sec. 2, RA 7183].
Phil. Conflict of Laws, 8th Ed. (1996), p.
Slander. 1. The speaking of base and defama-
209].
tory words which tend to prejudice another
Sixty (60) day freedom period. Labor. The in his reputation, office, trade, business or
last 60 days of the collective bargaining means of livelihood. [Victorio v. CA, GR
agreement (CBA) during which a petition for 32836-37. May 31, 1989]. 2. Spoken defa-
the conduct of a certification election may be mation which tends to injure a person's rep-
filed by a legitimate labor org. Any petition utation. See Libel or Oral defamation.
filed before or after the 60-day freedom pe-
Slander by deed. Crim. Law. 1. The felony
riod shall be dismissed outright. [Sec. 6,
committed by any person who shall perform
Rule V of LC].
any act not included and punished in Title
SK. Sangguniang Kabataan. 13 of the Rev. Penal Code, which shall cast
dishonor, discredit or contempt upon anoth-
Skill. The acquired and practiced ability to
er person, or even if said act is not of a seri-
carry out a task or job. [Sec. 4, RA 7796].
ous nature. [Art. 359, RPC]. 2. A crime
Skilled. Having or showing the knowledge, against honor, which is committed by per-
ability, or training to perform a certain activi- forming any act, which casts dishonor, dis-
ty well. credit, or contempt upon another person.
[Villanueva v. People, GR 160351, Apr. 10,
Skilled birth attendance. Childbirth managed
2006].
by a skilled health professional incl. the en-
abling conditions of necessary equipment Slander by deed. Crim. Law. Elements: (a)
and support of a functioning health system, That the offender performs any act not in-
incl. transport and referral faculties for cluded in any other crime against honor, (b)
emergency obstetric care. [Sec. 4, RA that such act is performed in the presence of
10354]. other person or persons, and (c) that such
act casts dishonor, discredit or contempt
Skilled health professional. A midwife, doc- upon the offended party. Whether a certain
tor or nurse, who has been educated and slanderous act constitutes slander by deed
trained in the skills needed to manage nor- of a serious nature or not, depends on the
mal and complicated pregnancies, childbirth
social standing of the offended party, the
and the immediate postnatal period, and in circumstances under which the act was
the identification, management and referral committed, the occasion, etc. [Villanueva v.
of complications in women and newborns.
People, GR 160351, Apr. 10, 2006].
[Sec. 4, RA 10354].

917
SLAPP. A civil lawsuit brought as an intimida- during the same period, or when the offend-
tion measure against an activist. See Stra- er has caused physical injuries which do not
tegic lawsuit against public participation. prevent the offended party from engaging in
his habitual work nor require medical assis-
Slaughterhouse. The premises that are ap-
tance. [Art. 266, RPC].
proved and registered by a controlling au-
thority in which food animals are slaugh- Slightest penetration of the female organ.
tered and dressed for human consumption. The touching of either the labia of the pu-
See Abattoir. dendum by the penis, absent any showing
of which, there can be no consummated
Slave. A person who is the legal property of
rape; at most, it can only be attempted rape,
another and is forced to obey him.
if not acts of lasciviousness. [People v.
Slavery. Crim. Law. 1. The felony committed Campuhan, GR 129433, 30 Mar. 2000].
by anyone who shall purchase, sell, kidnap
Slow ahead. A maritime maneuver equivalent
or detain a human being for the purpose of
to 5 to 6 miles per hour.
enslaving him, or for the purpose of assign-
ing the offended party to some immoral traf- Slowdown. Labor. A strike on the installment
fic. [Art. 272, RPC]. 2. When a person plan. A willful reduction in the rate of work
[called "master"] has absolute power over by concerted action of workers for the pur-
another [called "slave"] incl. life and liberty. pose of restricting the output of the employ-
The slave has no freedom of action except er, in relation to a labor dispute; as an activi-
within limits set by the master. The slave is ty by which workers, without a complete
considered to be the property of the master stoppage of work, retard production or their
and can be sold, given away or killed. 3. The performance of duties and functions to com-
status or condition of a person over whom pel management to grant their demands.
any or all of the powers attaching to the right [Ilaw at Buklod ng Manggagawa v. NLRC,
of ownership are exercised. [Sec. 3, RA GR 91980. June 27, 1991].
10364].
Sludge. Any solid, semi-solid or liquid waste or
Sliding flexible work schedule. See Flexi residue generated from a wastewater treat-
time. ment plant, water supply treatment plant, or
water control pollution facility, or any other
Slight illegal detention. Crim. Law. The felo-
such waste having similar characteristics
ny committed by any private individual who
and effects. [Sec 4, RA 9275].
shall commit the crimes described in Art.
267 of the Rev. Penal Code without the at- Sluice. A sliding gate or other device for con-
tendance of any of circumstances enumer- trolling the flow of water, esp. one in a lock
ated therein, or by anyone who shall furnish gate.
the place for the perpetration of the crime, or
Sluice box. A rectangular, wooden launder
by the offender who shall voluntarily release
provided with side walls and cross pieces of
the person so kidnapped or detained within
sawn lumber or round poles, metallic screen
3 days from the commencement of the de-
jute cloth or a combination of both, on its
tention, without having attained the purpose
floor to retain gold. [Sec. 12, PD 1150].
intended, and before the institution of crimi-
nal proceedings against him. [Art. 268, Sluicing. Recovering gold by the use of sluice
RPC]. boxes. [Sec. 12, PD 1150].
Slight physical injuries. Crim. Law. The felo- Slum. A squalid and overcrowded urban street
ny committed when the offender has inflict- or district inhabited by very poor people.
ed physical injuries which shall incapacitate
the offended party for labor from one to 9 Slum community. Also Depressed commu-
nity. The term referred to in P.D. 2016 can-
days, or shall require medical attendance

918
not be considered additional beneficiaries of est and costs. [Rule of Procedure for Small
the Urban Land Reform Law (PD 1517) but Claims Cases, AM 08-8-7-SC, Oct. 27,
merely additional places or properties cov- 2009].
ered under the said law.
Small farmers. Natural persons dependent on
Slum Improvement and Re-settlement Pro- small-scale subsistence farming as their
gram (SIR). The program of the Natl. Hous- primary source of income and whose sale,
ing Authority (NHA) of upgrading and im- barter or exchange of agricultural products
proving blighted squatter areas outside of do not exceed a gross value P180,000 per
Metro Manila pursuant to existing statutes annum based on 1992 constant prices.
and pertinent executive issuances. [Sec. 3, [Sec. 4, RA 7607].
RA 7279].
Small farmers and fisherfolk. Natural per-
Small agricultural producer. Any self- sons dependent on small-scale subsistence
employed individual who, by himself or with farming and fishing activities as their primary
his family, provides the primary labor resource of income. [Sec. 4, RA 8435].
quirement of his business enterprise or one
Small farmers and rural workers. Those who
who earns at least 50% of his gross income
are engaged directly or indirectly in small
from the payment, proceeds or income of
farms and forest areas, workers in commer-
the labor he provides. [Sec. 4, RA 7607].
cial farms and plantations, whether paid or
Small and medium enterprise (SME). Any unpaid, regular or season-bound. These
business activity or enterprise engaged in shall include. but are not limited to, (a) small
industry, agribusiness and/or services, farmers who own or are still amortizing for
whether single proprietorship, coop., part- lands that is not more than 3 hectares, ten-
nership or corp. whose total assets, inclu- ants, leaseholders, and stewards; and (b)
sive of those arising from loans but exclu- rural workers who are either wage earners,
sive of the land on which the particular busi- self-employed, unpaid family workers direct-
ness entity's office, plant and equipment are ly and personally engaged in agriculture,
situated, must have value falling under the small-scale mining, handicrafts, and other
following categories: Micro: not more than related farm and off-farm activities. [Sec. 4,
P1,500,000; Small: P1,500,001 to RA 9710].
P15,000,000; and Medium: P15,000,001 to
Small Power Utilities Group (SPUG). The
P60,000,000. [Sec. 4, RA 8435].
functional unit of the NPC mandated under
Small arms. Firearms intended to be or pri- RA 9136 to pursue missionary electrification
marily designed for individual use or that function. [Sec. 4, RA 9513].
which is generally considered to mean a
Small property owners. Those whose only
weapon intended to be fired from the hand
real property consists of residential lands
or shoulder, which are not capable of fully
not exceeding 300 sq. m. in highly urban-
automatic bursts of discharge. [Sec. 3, RA
ized cities and 800 sq. m. in other urban ar-
10591].
eas. [Sec. 3, RA 7279].
Small cattle. Also known as Ganado lanar y
Small savers instrument (SSI). An evidence
cabrio. The terms lanar and cabrio refer to
of indebtedness of the Govt. of the Rep. of
sheep and goats, respectively. [People v.
the Phils. which shall be in small denomina-
Nazareno, GR L-40037. Apr. 30, 1976].
tions and sold at a discount from its redemp-
Small claims cases. Rem. Law. Actions be- tion value, payable to bearer and redeema-
fore the Metropolitan Trial Courts, MTCs in ble on demand acc. to a schedule printed on
Cities, MTCs and MCTCs for payment of the instrument, with a discount lower than
money where the value of the claim does the full stated rate if not held to maturity.
not exceed P100,000.00 exclusive of inter- The resources generated under this scheme

919
shall be used primarily for micro-credit for phrase "so can very well be omitted in a de-
the poor. SSIs are not eligible as legal re- cision without affecting its integrity and valid-
serve of banks and legal reserves pre- ity. [Nillo v. CA, GR 54079. June 29, 1989].
scribed of insurance companies operating in
Social audit. A procedure wherein the coop.
the Phils. [Sec. 3, RA 8425].
assesses its social impact and ethical per-
Smallholder farmer. A farmer owning or culti- formance vis-à-vis its stated mission, vision,
vating 5 hectares or less of farmland. [Sec. goals and code of social responsibility for
3, RA 7307]. coops. to be established by the CDA in con-
sultation with the coop. sector. It enables the
Small-scale. Small in scope.
coop. to develop a process whereby it can
Small-scale fishing. See Municipal fishing. account for its social performance and eval-
uate its impact in the community and be ac-
Small-scale mining. Mining activities which countable for its decisions and actions to its
rely heavily on manual labor using simple regular members. [Sec. 1, RA 9520].
implement and methods and do not use ex-
plosives or heavy mining equipment. [Sec. Social barriers. The characteristics of institu-
3. RA 7076]. tions, whether legal, economic, cultural, rec-
reational or other, any human group, com-
Small-scale mining contract. Co-production,
munity, or society which limit the fullest pos-
joint venture or mineral production sharing sible participation of disabled persons in the
agreement bet. the State and a small-scale life of the group. Social barriers include
mining contractor for the small-scale utiliza- negative attitudes which tend to single out
tion of a plot of mineral land. [Sec. 3. RA and exclude disabled persons and which
7076].
distort roles and inter-personal relationships.
Small-scale mining contractor. An individual [Sec. 4, RA 7277].
or a coop. of small-scale miners, registered Social Case Study Report (SCSR). A written
with the SEC or other appropriate govt.
report of the result of an assessment con-
agency, which has entered into an agree- ducted by a licensed social worker as to the
ment with the State for the small-scale utili- social-cultural economic condition, psycho-
zation of a plot of mineral land within a peo- social background, current functioning and
ple's small-scale mining area. [Sec. 3. RA facts of abandonment or neglect of the child.
7076].
The report shall also state the efforts of so-
Smelting. Melting or fusing of metallic ores or cial worker to locate the child's biological
compounds so as to separate impurities parents or relatives. [Sec. 2, RA 9523].
from pure metals. [Sec. 3, PD 1185; Sec. 3,
Social Housing Finance Corporation
RA 9514]. (SHFC). A corp. created by virtue of EO 272
Smoking. The act of carrying a lighted ciga- issued on Jan. 20, 2004 as a wholly-owned
rette or other tobacco products, whether or subsidiary of the Natl. Home Mortgage Fi-
not it is being inhale or smoked. [Sec. 4, RA nance Corp. (NHMFC) mandated: (a) to un-
9211]. dertake social housing programs that will ca-
ter to the formal and informal sectors in the
SMS. See Short messaging service. low-income bracket; and (b) to take charge
SNITS. Simplified net income taxation scheme. of developing and administering social hous-
ing programs, particularly the Community
So ordered. The phrase which court decisions Mortgage Program (CMP) and the Abot-
generally contain. A decision, however, is Kaya Pabahay Fund (AKPF) Program
valid and binding when it clearly and dis- [Amortization support program and devel-
tinctly states the findings of facts and con- opment and financing program].
clusions of law on which it is based. The

920
Social justice. It is ―neither communism, nor promoting and protecting livelihood and em-
despotism, nor atomism, nor anarchy, but ployment, protecting against hazards and
the humanization of laws and the equaliza- sudden loss of income, and improving peo-
tion of social and economic forces by the ple's capacity to manage risk. Its compo-
State so that justice in its rational and objec- nents are labor market programs, social in-
tively secular conception may at least be surance, social welfare, and social safety
approximated. Social justice means the nets. [Sec. 4, RA 9710].
promotion of the welfare of all the people,
Social reform. The continuing process of
the adoption by the Govt. of measures cal-
addressing the basic inequities in Filipino
culated to insure economic stability of all the
society through a systematic, unified and
component elements of society, through the
coordinated delivery of socio-economic pro-
maintenance of a proper economic and so-
grams or packages. [Sec. 3, RA 8425].
cial equilibrium in the interrelations of the
members of the community, constitutionally, Social Reform and Poverty Alleviation Act.
through the adoption of measures legally RA 8425 entitled ―An Act institutionalizing
justifiable, or extra-constitutionally, through the social reform and poverty alleviation
the exercise of powers underlying the exist- program, creating for the purpose the Natl.
ence of all govts. on the time-honored prin- Anti-Poverty Commission, defining its pow-
ciple of salus populi est suprema lex. Social ers and functions, and for other purposes‖
justice, therefore, must be founded on the enacted on Dec. 11, 1997.
recognition of the necessity of interdepend-
ence among divers and diverse units of a Social Security Act of 1987. RA 8282 entitled
―An Act further strengthening the Social Se-
society and of the protection that should be
equally and evenly extended to all groups as curity System thereby amending for this
a combined force in our social and econom- purpose RA 1161, as amended, otherwise
known as the Social Security Law‖ enacted
ic life, consistent with the fundamental and
paramount objective of the state of promot- on May 1, 1997.
ing the health, comfort, and quiet of all per- Social Security Condonation Law of 2009.
sons, and of bringing about 'the greatest RA 9903 entitled ―An Act Granting the Social
good to the greatest number.‖ [Justice Lau- Security System a One-Time Authority to
rel in Calalang v. Williams, 70 Phil., 726]. Condone Penalties on Unremitted or Delin-
Social legislation. Laws that pro-vide particu- quent Contributions by Employers‖ enacted
lar kinds of protection or benefits to society on Jan. 7, 2010.
or segments thereof in furtherance of social Social Security System (SSS). The Social
justice. [Azucena, The Labor Code with Security System created under RA 1161, as
Comments and Cases, Vol. 1, 4th Ed. 1999, amended. [Sec. 1, RA 9241].
p. 8].
Social work. 1. The profession which helps
Social media. The broad term for any online individuals, families, groups, and communi-
tool that enables users to interact with thou- ties develop, improve, maintain or restore
sands of other users. Instant messaging and their capability for coping with the demands
chatting are common forms of social media, of their environment, through the use of so-
as are blogs with comments, discussion fo- cial work methods and interventions. [Sec.
rums, video-sharing and photo-sharing web- 3, RA 9432]. 2. The profession which is pri-
sites. marily concerned with organized social ser-
Social protection. Policies and programs that vice activity aimed to facilitate and strength-
seek to reduce poverty and vulnerability to en basic social relationships and the mutual
adjustment bet. individuals and their social
risks and enhance the social status and
rights of all women, esp. the marginalized by environment for the good of the individual
and of society. [Sec. 1, RA 4373].

921
Social work agency. A person, corp. or org., with the provisions of RA 7279, otherwise
private or governmental, that engages main- known as the Urban Devt. and Housing Act
ly and generally, or represents itself to en- of 1992 (UDHA). [Sec. 3, RA 9904; Sec. 3,
gage in social welfare work, whether case- RA 7279]. 2. Housing programs and projects
work, group work, or community work, and covering houses and lots or homelots under-
obtains its finances, either totally or in part, taken by the govt. or the private sector for
from any agency or instrumentality of the the underprivileged and homeless citizens
govt. and/or from the community by direct or where the maximum cost per unit does not
indirect solicitations and/or fund drives, exceed the maximum amount as prescribed
and/or private endowment. [Sec. 1, RA by the Housing and Urban Development
4373]. Coordinating Council (HUDCC) which shall
include sites and services development,
Social worker. A practitioner who by accepted
long-term financing, liberalized terms on in-
academic training and social work profes-
terest payments, and such other benefits in
sional experience possesses the skill to
accordance with RA 7279. [Sec. 2.20, DAR
achieve the objectives as defined and set by
AO 01-02].
the social work profession, through the use
of the basic methods and techniques of so- Socialized Tuition and Financial Assistance
cial work (casework, group work, and com- Program (STFAP). More popularly known
munity org.) which are designed to enable as Iskolar ng Bayan Program, it was first
individuals, groups and communities to meet implemented in UP during the 1st semester
their needs and to solve the problems of ad- of 1989-1990 as a major reform designed to
justment to a changing pattern of society democratize undergraduate student admis-
and, through coordinated action, to im- sion. This called for a radical departure from
proved economic and social conditions, and the old fee and scholarship structure of UP,
is connected with an organized social work resulting in tremendous benefits for low-
agency which is supported partially or wholly income and disadvantaged students.
from govt. or community solicited funds.
Sociedad anonima. Sp. Anonymous partner-
[Sec. 1, RA 4373].
ship. [Reyes v. Compañia Maritima, GR
Socialized and economic housing. A type of 1133. Mar. 29, 1904].
housing project provided to moderately low
Socio-culturally sound. The consideration of
income families with lower interest rates and
the social structure of the community such
longer amortization periods. [Sec. 3, BP
as leadership pattern, distribution of roles
220].
across gender and age groups, the diversity
Socialized and Low-Cost Housing Loan of religion and other spiritual beliefs, ethnici-
Restructuring Act of 2008. RA 9507 entity and cultural diversity of the population.
tled ―An Act to Establish a Socialized and [Sec. 4, RA 8435].
Low-Cost Housing Loan Restructuring and
Socio-economic benefit-cost study.
Condonation Program, Providing the Mech-
It involves the assessment of the project‘s
anisms Therefor, and for Other Purposes‖
net contribution to the natl. economic and
enacted on Oct. 13, 2008.
social welfare, done through a comparison
Socialized housing. 1. Housing programs and of the economic and social benefits ex-
projects covering houses and lots or home pected to be generated from the project with
lots only undertaken by the govt. or the pri- the social and economic costs of its imple-
vate sector for the underprivileged and mentation and operation. [Sec. 2.21, DAR
homeless citizens which shall include sites AO 01-02].
and services development, long - term fi-
Sodomy. 1. Anal copulation by sexual devi-
nancing, liberalized terms on interest pay-
ants or copulation with a beast. [Olarte, Le-
ments, and other benefits in accordance

922
gal Med., Ed. (2004), p. 117]. 2. Unnatu-
1st Solemn contracts. Contracts which the law
ral sex acts, incl. copulation, either bet. 2 itself requires to be in some particular form
persons of the same sex or bet. a person (writing) in order to make them valid and en-
and an animal (the latter act is known as forceable. [Dauden-Hernaez v. Delos Ange-
bestiality). les, GR L-27010. Apr. 30, 1969].
Solar energy. The energy derived from solar Solicit. 1. To petition persistently; importune.
radiation that can be converted into useful 2. To entice or incite to evil or illegal action.
thermal or electrical energy. [Sec. 4, RA
Solicitation Permit Law. PD 1564 entitled
9513].
―Amending Act 4075, otherwise known as
Solar energy systems. Energy systems which the Solicitation Permit Law‖ signed into law
convert solar energy into thermal or electri- on June 11, 1978.
cal energy. [Sec. 4, RA 9513].
Solicitor. A lawyer that restricts his practice to
Solar month. One twelfth of a solar year, total- the giving of legal advice and does not nor-
ing 30 days, 10 hours, 29 minutes, 3.8 se- mally litigate.
conds. See Civil month.
Solicitor General. The principal law officer
Sole and exclusive competence of the labor and legal defender of the (Phil.) Govt. [Sec.
tribunal doctrine. Labor. The doctrine that 34, Chap. 12, EO 292].
recognizes the Labor Arbiters‘ exclusive ju-
Solidary. Jointly and/or severally; individually
risdiction to hear and decide the following
and/or collectively; in solidum. [Diaz, Bus.
cases involving all workers, whether agricul-
Law Rev., 1991 Ed., p. 26].
tural or non-agricultural: (1) Unfair labor
practice cases; (2) Termination disputes; (3) Solidary co-debtors. Debtors either of whom
If accompanied with a claim for reinstate- is indispensable and are not even indispen-
ment, those cases that workers may file in- sable parties bec. complete relief may be
volving wages, rate of pay, hours of work obtained from either. Compare with Joint
and other terms and conditions of employ- debtor.
ment; (4) Claims for actual, moral, exempla-
ry and other forms of damages arising from Solidary liability. [It occurs] only when the
the employer-employee relations; (5) Cases obligation expressly so states, when the law
arising from any violation of Art. 264 of the so provides or when the nature of the obli-
gation so requires. [Industrial Mgt. Intl. Devt.
Labor Code, incl. questions involving the le-
gality of strikes and lockouts; and (6) Except Corp. v. NLRC, GR 101723. May 11, 2000].
claims for employees compensation, social Solidary obligation. A legal relationship
security, medicare and maternity benefits, where one or more of several debtors are
all other claims arising from employer- each liable to pay the entire amount, or one
employee relations, incl. those of persons in or more of several creditors each able to
domestic or household service, involving an collect the whole.
amount exceeding P5,000.00, whether or
not accompanied with a claim for reinstate- Solidary or Joint and several obligation. 1.
ment. [From Art. 217, LC]. One in which each debtor is liable for the
entire obligation, and each creditor is enti-
Sole practitioners. The term lawyers who tled to demand the whole obligation. [Indus-
practice alone are often called. [Cayetano v. trial Mgt. Intl. Devt. Corp. v. NLRC, GR
Monsod, GR 100113. Sep. 3, 1991]. 101723. May 11, 2000]. 2. An obligation in
which each debtor is liable for the entire ob-
Sole proprietorship. A type of business entity
that is owned and run by one individual and ligation, and each creditor is entitled to de-
in which there is no legal distinction bet. the mand the whole obligation. [Inciong v. CA,
owner and the business.

923
GR 96405. June 26, 1996]. Compare with if it was received when there is no right to
Joint obligation. demand it, and it was unduly delivered
through mistake. [Art. 2154, CC]. 2. A tie or
Solo parent. Any individual who falls under
juridical relation which, by virtue of a pay-
any of the following categories: (a) A woman
ment of what is not due, made through mis-
who gives birth as a result of rape and other
take, is created bet. the person who paid
crimes against chastity even without a final
and the one who received the payment,
conviction of the offender: Provided, That
compelling the latter in consequence there-
the mother keeps and raises the child; (b)
of, to return what he has received. [Torres,
parent left solo or alone with the responsibil-
Oblig. & Cont., 2000 Ed., p. 291]. 3. It is one
ity of parenthood due to death of spouse; (c)
of the concrete manifestations of the ancient
parent left solo or alone with the responsibil-
principle that no one shall unjustly enrich
ity of parenthood while the spouse is de-
himself at the expense of another. [Velez v.
tained or is serving sentence for a criminal
Balzara, GR L-48389 July 27, 1942].
conviction for at least 1 year; (d) parent left
solo or alone with the responsibility of Solutio indebiti. Requisites: (a) That some-
parenthood due to physical and/or mental thing has been received when there was no
incapacity of spouse as certified by a public right to demand it and (b) the same was un-
medical practitioner; (e) parent left solo or duly delivered through mistake. [PNB v. CA,
alone with the responsibility of parenthood GR 97995. Jan. 21, 1993].
due to legal separation or de facto separa-
Solvency. Ability to pay debts as they mature.
tion from spouse for at least 1 year, as long
Ability to pay debts in the usual and ordinary
as he/she is entrusted with the custody of
course of business. Excess of assets over
the children; (f) parent left solo or alone with
liabilities.
the responsibility of parenthood due to dec-
laration of nullity or annulment of marriage Solvent. Having assets in excess of liabilities;
as decreed by a court or by a church as long able to pay one's debts.
as he/she is entrusted with the custody of
the children; (g) parent left solo or alone with Solvent bank. One in which its assets exceed
the responsibility of parenthood due to its liabilities. [Banco Filipino Savings and
abandonment of spouse for at least 1 year; Mortgage Bank v. The Monetary Board, GR
70054. Dec. 11, 1991].
(h) unmarried mother or father who has pre-
ferred to keep and rear her/his child/children SONA. See State of the Nation Address.
instead of having others care for them or
give them up to a welfare institution; (i) any Sorcery. The use of power gained from the
other person who solely provides parental assistance or control of evil spirits, esp. for
care and support to a child or children; (j) divining; divination by black magic; necro-
any family member who assumes the re- mancy; witchcraft. [People v. Sario, GR L-
sponsibility of head of family as a result of 20754 & L-20759. June 30, 1966].
the death, abandonment, disappearance or Sound. In good condition; not damaged, in-
prolonged absence of the parents or solo jured, or diseased.
parent. [Sec. 3, RA 8972].
Sound recording. The fixation of the sounds
Solo Parents' Welfare Act of 2000. RA 8972 of a performance or of other sounds, or rep-
entitled ―An Act Providing for Benefits and resentation of sound, other than in the form
Privileges to Solo Parents and their Chil- of a fixation incorporated in a cinemato-
dren, Appropriating Funds Therefor and for graphic or other audiovisual work. [Sec. 202,
Other Purposes‖ enacted on Nov. 7, 2000. RA 8293].
Solutio indebiti. 1. A civil law concept where- Sound value. Also Net appraised value. The
by the obligation to return something arises value per appraisal computed by deducting

924
observed depreciation from appraised value. ness, and the like, for the preceding calen-
[RCPI v. Natl. Wages Council, GR 93044. dar year. [CSC‘s Guidelines on the use of
Mar. 26, 1992]. the rev. SALN form].
Source. The word conveys only one idea, that SOV. Statement of Votes.
of origin. [Manila Gas Corp. v. Coll. Of Int.
Sovereign. It has 2 meanings. The 1st one is
Rev., GR 42780. Jan. 17, 1936].
a technical word for the monarch [king or
Source code. A text listing of commands to be queen] of a particular country as in "the
compiled or assembled into an executable Sovereign of England is Queen Elizabeth."
computer program. The other meaning of the word is to de-
scribe the supreme legislative powers of a
Source documents. Documents such
state: that they are totally independent and
as account vouchers, purchase orders and
free from any outside political control or au-
sales invoices from which the information
thority over their decisions.
contained in a general ledger is gathered.
[Kepco Phils. Corp. v. CIR, GR Sovereign equality of states principle. Un-
179356. Dec. 14, 2009]. der the principle, one state cannot assert ju-
risdiction over another in violation of the
Source identification code (SID code). A
maxim par in parem non habet imperium (an
system of codes to identify the source of all
equal has no power over an equal). [Jusmag
optical media mastered, manufactured or
v. NLRC, GR 108813. Dec. 15, 1994].
replicated by any establishment or entity.
[Sec. 3, RA 9239]. Sovereign immunity. The doctrine that the
govt., state or federal, is immune to lawsuit
Source of an income. The property, activity or
unless it give its consent.
service that produced the income. [Howden
and Co., Ltd. v. Coll. of Int. Rev., GR L- Sovereign immunity doctrine. 1. The doc-
19392 Apr. 14, 1965]. trine expressly provided in Art. XVI of the
1987 Consti., viz: ―Sec. 3. The State may
Source or Origin confusion. Also called
not be sued without its consent.‖ 2. The doc-
Confusion of business. Intel. Prop. [A type
trine that holds that a sovereign is exempt
of confusion that arises from the use of simi-
from suit, not bec. of any formal conception
lar or colorable imitation marks in which]
or obsolete theory, but on the logical and
though the goods of the parties are different,
practical ground that there can be no legal
the defendant‘s product is such as might
right as against the authority that makes the
reasonably be assumed to originate with the
law on which the right depends. Also called
plaintiff, and the public would then be de-
Non-suability doctrine.
ceived either into that belief or into the belief
that there is some connection bet. the plain- Sovereign immunity, Classical or Absolute
tiff and defendant which, in fact, does not theory of. Acc. to the classical or absolute
exist. [Sterling Products Intl., Inc. v. Far- theory, a sovereign cannot, without its con-
benfabriken Bayer Aktiengesellschaft, GR L- sent, be made a respondent in the courts of
19906 Apr. 30, 1969]. Compare with Con- another sovereign. [USA v. Ruiz, GR L-
fusion of goods. 35645, May 22, 1985].
Source rule. Also Situs rule. Taxation of tax- Sovereign immunity, Newer or Restrictive
able items by the country of source or loca- theory of. Acc. to the newer or restrictive
tion. [CIR v. Procter & Gamble Phil., GR theory, the immunity of the sovereign is rec-
66838. Dec. 2, 1991]. Compare with Domi- ognized only with regard to public acts or
ciliary or nationality principle. acts jure imperii of a state, but not with re-
gard to private acts or acts jure gestionis.
Sources of income. All sources, whether
[USA v. Ruiz, GR L-35645, May 22, 1985].
derived from practice of profession, busi-

925
Sovereign or State immunity. Doctrine that ry claims. [Collado v. CA, GR 107764, Oct.
municipal courts must decline to hear suits 4, 2002].
against foreign sovereigns.
Spare parts. 1. Any parts, appurtenances, and
Sovereignty. Pol. Law. The right to exercise accessories of aircraft [other than aircraft
the functions of a State to the exclusion of engines and propellers], aircraft engines
any other State. It is often referred to as the [other than propellers], propellers, and ap-
power of imperium, which is defined as the pliances, maintained for installation or use in
govt. authority possessed by the State. On an aircraft, aircraft engine, propeller, or ap-
the other hand, dominion, or dominium, is pliance, but which at the time are not in-
the capacity of the State to own or acquire stalled therein or attached thereto. [Sec. 3,
property such as lands and natural re- RA 9497]. 2. The replacement parts or com-
sources. [Separate Opinion, Kapunan, J., in ponents of vessel, incl. but not limited to its
Cruz v. Sec. of DENR, GR 135385, Dec. 6, hull, engines, machineries, equipment, ap-
2000]. purtenances, necessaries accessories, arti-
cle, supplies, materials, steel plates, alumi-
Sovereignty of the skies principle. Intl. Law.
num plates, other metal plates, communica-
Assertion made by states that they have
tions, equipment, and other parts or compo-
complete and exclusive sovereignty over the
nents thereof, installed abroad the ships
airspace above their territories.
necessary for its safe and efficient naviga-
Sower in bad faith. A sower who sows know- tion and operation. [Sec. 3, RA 9295]. 2. Al-
ing that the land does not belong to him and so Manufactured components. Any article
that he has no right to sow thereon. designed or manufactured for the special
purpose of being used or to replace, a com-
Sower in good faith. A sower who sows una- ponent or integral part of a machine, equip-
ware that there exists in his title or mode of ment, vehicle or industrial plant and which
acquisition on the land on which he sows
by reason of some characteristics is gener-
any flaw which invalidates it. ally classified as capital goods and, is pri-
Spaghetti. A variety of alimentary paste made marily adapted for use a component part of
in cords of small diameter but larger than such machines, equipment, vehicles or in-
vermicelli and solid (not tubular as in maca- dustrial plant, as may be allowed by any
roni). [Farm Implement Machinery Co. v. IRR. [Sec. 12, PD 1419]. 4. Metallic parts
Comm. of Customs, GR L-12613. May 30, exclusively for railroad rolling stocks, irriga-
1962]. tion and waterworks equipment, mining
equipment, farm machineries, gasoline and
Spanish Crown titles. Titles granted by the diesel engines. [Sec. 2, RA 4095].
Spanish Crown are: (a) the titulo real or roy-
al grant, (b) the concession special or spe- Sparklers. Pyrotechnic devices usu. made of
cial grant; (c) the "the composicion con el black powder on a piece of wire or inside a
estado" title or adjustment title; (d) the titulo paper tube designed to light up and glow af-
de compra or title by purchase and (e) the ter igniting. [Sec. 2, RA 7183].
informacion possessoria or possessory in- Sparrow unit. The liquidation squad of the
formation title which could become a "titulo New People's Army with the objective of
gratuito" or a gratuitous title. [Dir. of Forestry overthrowing the duly constituted govt.
v. Muñoz, GR L-25459. June 28, 1968]. [People v. Dasig, GR 100231. Apr. 28,
Spanish Mortgage Law. Also known as Ley 1993].
Hipotecaria. The Mortgage Law of 1893 Speaker of the House. The presiding officer
which provided for the systematic registra- of the Phils.‘ House of Representatives.
tion of titles and deeds as well as possesso-

926
Special. Designed for a particular purpose; Special aggravating circumstances. Those
confined to a particular purpose, object, per- which arise under special conditions to in-
son, or class and is, therefore, the antonym crease the penalty for the offense to its max-
of general. [Rep. v. Asuncion, GR 108208. imum period, but the same cannot increase
Mar. 11, 1994 1397 (6th Ed., 1990)]. the penalty to the next higher degree. Ex-
amples are quasi-recidivism under Art. 160
Special accessing entity. A duly accredited
and complex crimes under Art. 48 of the
private corp. engaged primarily in the busi-
Rev. Penal Code. It does not change the
ness of providing credit reports, ratings and
character of the offense charged. Moreover,
other similar credit information products and
it cannot be offset by an ordinary mitigating
services. [Sec. 3, RA 9510].
circumstance. [Palaganas v. People, GR
Special Accounts in the General Fund 165483, Sep. 12, 2006]. Compare with Ge-
(SAGF). A fund whereby proceeds of specif- neric aggravating circumstances.
ic revenue measures and grants earmarked
Special aircraft jurisdiction of the Philip-
by law for specific priority projects are rec-
pines. This includes: (i) Civil aircraft of the
orded.
Phils.; and (ii) Any other aircraft within the
Special administrator. 1. The person ap- jurisdiction of the Phils., while the aircraft is
pointed by the court, when there is delay in in flight, which is from the moment when all
granting letters testamentary or of admin- external doors are closed following embar-
istration by any cause incl. an appeal from kation until the moment when one such door
the allowance or disallowance of a will, to is opened for disembarkation or, in case of a
take possession and charge of the estate of forced landing, until the competent authori-
the deceased until the questions causing the ties take over the responsibility of the air-
delay are decided and executors or adminis- craft and the persons and property aboard.
trators appointed. [Sec. 1, Rule 80, RoC]. 2. [Sec. 3, RA 9497].
The representative of decedent appointed
Special Allotment Release Order (SARO). 1.
by the probate court to care for and pre-
A specific authority issued to identified
serve his estate until an executor or general
agencies to incur obligations not exceeding
administrator is appointed.
a given amount during a specified period for
Special administrator. Duties and obligations: the purpose indicated. It shall cover expend-
(1) To administer the estate and pay the itures the release of which is subject to
debts; (2) to perform all judicial orders; (3) to compliance with specific laws or regulations,
account within 1 year and at any other time or is subject to separate approval or clear-
when required by the probate court; and (4) ance by competent authority. Based on this
to make an inventory within 3 months. definition, it may be gleaned that a SARO
[Ocampo v. Ocampo, GR 187879, July 5, only evinces the existence of an obligation
2010]. See Administrator’s bond. and not the directive to pay. [Belgica v.
Ochoa, GR 208566, Nov. 19, 2013]. 2. A
Special agency. An agency that comprises all
specific authority issued to identified agen-
the business of the principal. [Art. 1876, cies to incur obligations not exceeding a
CC]. Compare with General agency. given amount during a specified period for
Special agent. A public official, who must not the purpose indicated. It shall cover expend-
only be specially commissioned to do a par- itures the release of which is subject to
ticular task but that such task must be for- compliance with specific laws or regulations,
eign to said official's usual governmental or is subject to separate approval or clear-
functions. A private individual commissioned ance by competent authority.
by the govt. for a special governmental task.
Special Allowances for the Judiciary (SAJ).
[Fontanilla v. Maliaman, GR 55963. Dec. 1, Special allowances granted to all justices,
1989].

927
judges and all other positions in the Judici- Any voter may initiate the action, which is,
ary with the equivalent rank of justices of the strictly speaking, not a contest where the
CA of the RTC as authorized under existing parties strive for supremacy bec. the peti-
laws equivalent to 100% of the basic month- tioner will not be seated even if the re-
ly salary specified for their respective salary spondent may be unseated. [Lokin v. Come-
grades under RA 6758, as amended, other- lec, GR 179431-32, June 22, 2010].
wise known as the Salary Standardization
Special complex crime. The resulting crime
Law, to be implemented for a period of 4
where the law provides a single penalty for 2
years [and to be sourced from, and charged
or more component offenses. [People v.
against, the legal fees]. [Secs. 2 and 3, RA
Larrañaga, GR 138874-75, Feb. 3, 2004,
9227].
421]. See Composite crime.
Special appropriations bill. A bill [in Con-
Special complex crime of rape with homi-
gress] which specifies the purpose for which
cide. Elements: (1) The appellant had car-
it is intended, and is supported by funds ac-
nal knowledge of a woman; (2) carnal
tually available as certified by the Natl.
knowledge of a woman was achieved by
Treasurer, or to be raised by a correspond-
means of force, threat or intimidation; and
ing revenue proposed therein. [Sec. 25(4),
(3) by reason or on occasion of such carnal
Art. VI, 1987 Consti.]. Compare with Gen-
knowledge by means of force, threat or in-
eral appropriations bill.
timidation, the appellant killed a woman.
Special assessment. Taxation. An enforced [People v. Mabute, GR 185012, Mar. 5,
proportional contribution from owners of 2010]. Also Rape with homicide.
lands esp. or peculiarly benefited by public
Special complex crimes under the RPC.
improvements. [De Leon, Fundamentals of
[Some of these crimes] are (1) robbery with
Taxation, 2000 Ed., p. 16].
homicide, (2) robbery with rape, (3) kidnap-
Special Ballot Reception and Custody ping with serious physical injuries, (4) kid-
Group (SBRCG). The group constituted by napping with murder or homicide, and (5)
the Commission to receive and take custody rape with homicide. [Arts. 294, par. 1., 294,
of all accountable and other election forms, par. 2., 267, par. 3., 267, last par., and 335,
supplies and paraphernalia from the OFOV RPC, respectively].
for transmittal to the Special Board of Elec-
Special crossed check. A check on which are
tion Inspectors and Special Board of Can-
placed 2 parallel lines diagonally on the left
vassers. [Sec. 2, RA 10590].
top portion of the check and bet. such lines
Special Board of Canvassers (SBOC). The is written the name of a bank or a business
body deputized by the Commission to can- institution, in which case the drawee should
vass the overseas voting election returns pay only with the intervention of that bank or
submitted to it by the Special Board of Elec- company. [State Investment House v. IAC,
tion Inspectors. [Sec. 2, RA 10590]. GR 72764. July 13, 1989]. Compare with
General crossed check.
Special Board of Election Inspectors
(SBEI). The body deputized by the Com- Special crossing. The crossing of a check
mission to conduct the voting and counting where the name of a bank or a business in-
of votes.[Sec. 2, RA 10590]. stitution is written bet. the 2 parallel lines,
which means that the drawee should pay
Special civil action for quo warranto. [An
only with the intervention of that company.
action concerning] questions of disloyalty to
[Associated Bank v. CA, GR 89802. May 7,
the State, or of ineligibility of the winning
1992]. Compare with General crossing.
candidate. The objective of the action is to
unseat the ineligible person from the office, Special day. A special holiday, as provided by
but not to install the petitioner in his place. the Administrative Code of 1987. [Associat-

928
ed Labor Unions (ALU)-TUCP v. Letrondo- to be payable, and the indorsement of such
Montejo, GR 111988. Oct. 14, 1994]. indorsee is necessary to the further negotia-
tion of the instrument. [Sec. 34, NIL]. Also
Special deposit. A delivery of money or other
known as Specific indorsement or In-
property to a bank for safe-keeping and re-
dorsement in full.
turn in kind (the same kind). Title to the thing
deposited remains in the depositor, and the Special injury. Material, moral and physical
bank becomes his agent, bailee, or trustee. injury sustained by a property owner and
members of his family, and not shared by
Special Drawing Rights (SDR). Unconditional
the general public, by reason of a public
reserve assets that are created by the IMF
nuisance.
to supplement existing reserve assets.
SDRs represent assets that have no corre- Special judgment. A judgment that requires
sponding liability. the performance of any other act than the
payment of money or the sale or delivery of
Special economic zone or Eco Zone. Se-
real or personal property. [NHMFC v.
lected areas which are highly developed or
Abayari, GR 166508, Oct. 2, 2009].
which have the potential to be developed in-
to agro-industrial, tourist, recreational, Special law. A law which is different from
commercial, banking, investment and finan- others of the same general kind or design
cial centers whose metes and bounds are for a particular purpose or limited in range or
delimited by Presidential Proclamation. confined to a prescribed field of action or
[Sec. 2.22, DAR AO 01-02]. operation.
Special Economic Zone Act of 1995, The. Special motion. A motion addressed to the
RA 7916 entitled ―An Act providing for the discretion of the court.
legal framework and mechanisms for the
Special or Secondary franchise. The right
creation, operation, administration, and co-
vested in the corp. which may ordinarily be
ordination of special economic zones in the
conveyed or mortgaged under a general
Phils., creating for this purpose, the Phil.
power granted to a corp. to dispose of its
Economic Zone Authority (PEZA), and for
property, except such special or secondary
franchises as are charged, with a public use.
Special Economic Zones (SEZ). Selected [JRS Business v. Imperial Ins., GR L-19891.
areas with highly developed or which have July 31, 1964]. Compare with Primary or
the potential to be developed into agro- corporate franchise.
industrial, industrial, tourist or recreational,
Special order of demolition. Civ. Law. The
commercial, banking, investment and finan-
special order issued by the court to an of-
cial centers. An Ecozone may contain any or
ficer to destroy, demolish or remove the im-
all of the following: industrial estates (IEs),
provements constructed or planted by the
export processing zones (EPZs), free trade
judgment obligor or his agent [in] the proper-
zones, and tourist or recreational centers.
ty subject of execution, upon motion of the
[Sec. 4, RA 7916].
judgment obligee after due hearing and after
Special facts doctrine. A doctrine holding that the former has failed to within a reasonable
a corporate officer with superior knowledge time fixed by the court. [Guariño v. Ragsac,
gained by virtue of being an insider owes a AM P-08-2571, Aug. 27, 2009].
limited fiduciary duty to a shareholder in
Special packaging. A packaging that is de-
transactions involving transfers of stocks.
signed or constructed to be significantly dif-
Special indorsement. Nego. Inst. An in- ficult for children 5 years of age to open or
dorsement that specifies the person to to obtain a toxic or harmful amount of the
whom, or to whose order, the instrument is substance contained therein within a rea-

929
sonable time and not difficult for normal Special purpose trust (SPT). A trust adminis-
adults to use properly but does not mean tered by an entity duly licensed to perform
packaging which all such children cannot trust functions under the General Banking
open or obtain a toxic or harmful amount Law, and created solely for the purpose of
within a reasonable time. [Art. 4, RA 7394]. securities and to which the Seller makes a
true and absolute sale of assets. [Sec. 3, RA
Special proceeding. A remedy by which a
9267].
party seeks to establish a status, a right, or
a particular fact. [Sec. 3(c), Rule 1, RoC]. Special registration. Registration conducted
in established satellite offices by a special
Special project or undertaking. Under Art.
registration team designated by the Come-
280 of the Labor Code, it contemplates an
lec. It exclusively caters to 1st time person
activity which was commonly or habitually
with disability and senior citizen registrants
performed or such type of work which is not
residing outside the area of jurisdiction of
done on a daily basis but only for a specific
the regular Election Officer conducting the
duration of time or until the completion of the
satellite registration. [Sec. 2, RA 10366].
project. The services employed are thus
necessary or desirable in the employer's Special purpose vehicle. A motor vehicle
usual business only for the period of time it designed for specific application such as
takes to complete the project. Without the cement mixer, fire truck, boom truck, ambu-
performance of such services on a regular lance and/or medical unit, and off-road vehi-
basis, the employer's main business is not cles for heavy industries and not for the rec-
expected to grind to a halt. [Tucor Indus- reational activities. [RA 9224].
tries, Inc. v. NLRC, GR 96608-09. May 20,
Special retainer. A fee for a particular case or
1991].
specific service to be performed by a lawyer.
Special project training. An organized activity
Special statute. One which relates to particu-
or sets of activities in aid of human re-
lar persons or things of a class or to a par-
sources development which do not fall
ticular portion or section of the state only.
squarely under any of the previously de-
[Vinzons-Chato v. Fortune Tobacco Corp.,
scribed types of activities. [Sec. 1, Rule 1,
GR 141309, June 19, 2007]. Compare with
Book 2, IRR of LC].
General statute.
Special Protection of Children Against
Special time allowance for loyalty. A deduc-
Abuse, Exploitation and Discrimination
tion of 1/5 of the period of his sentence
Act. RA 7610 entitled ―An Act providing for
granted to any prisoner who, having evaded
stronger deterrence and special protection
his preventive imprisonment or the service
against child abuse, exploitation and dis-
of his sentence under the circumstances
crimination, and for other purposes‖ enacted
mentioned in Art. 158 of the Rev. Penal
on June 17, 1992.
Code, gives himself up to the authorities
Special purpose corporation (SPC). A juridi- within 48 hours following the issuance of a
cal person created in accordance with the proclamation announcing the passing away
Corp. Code of the Phils. solely for the pur- of the calamity or catastrophe referred to in
pose of securitization and to which the Sell- said Art. A deduction of 2/5 of the period of
er makes a true and absolute sale of assets. his sentence shall be granted in case said
[Sec. 3, RA 9267]. prisoner chose to stay in the place of his
confinement notwithstanding the existence
Special purpose entity (SPE). Either a spe-
of a calamity or catastrophe enumerated in
cial purpose corp. (SPC) or a special pur-
Art. 158 of the Code. [Art. 98, RPC, as
pose trust (SPT). [Sec. 3, RA 9267].
amended by RA 10592].

930
Special time deposit. A deposit made with Specific aggravating circumstances. Those
the express understanding that the same which apply to a particular felony like cruelty
shall be kept for some definite period of in crimes against persons. [Gregorio, Fund.
time. This is diametrically opposed to the of Crim. Law Rev., 1997 9th Ed., p. 112].
nature of loan.
Specific denial. The specification by a de-
Special Visa for Employment Generation. A fendant of each material allegation of fact
special visa issued to a qualified non- the truth of which he does not admit and,
immigrant foreigner who shall actually em- whenever practicable, the setting forth of the
ploy at least 10 Filipinos in a lawful and sus- substance of the matters upon which he re-
tainable enterprise, trade or industry. Quali- lies to support his denial. Where a defend-
fied foreigners who are granted the SVEG ant desires to deny only a part of an aver-
shall be considered special non-immigrants ment, he shall specify so much of it as is
with multiple entry privileges and conditional true and material and shall deny only the
extended stay, without need of prior depar- remainder. Where a defendant is without
ture from the Phils. [EO 758, 17 Nov. 2008]. knowledge or information sufficient to form a
belief as to the truth of a material averment
Specialist. A person who concentrates pri-
made in the complaint, he shall so state,
marily on a particular subject or activity; a
and this shall have the effect of a denial.
person highly skilled in a specific and re-
[Sec. 10, Rule 8, RoC]. Compare with Gen-
stricted field.
eral denial.
Specialization. Training to consolidate, deep-
Specific indorsement. See Special in-
en and broaden skills and knowledge for a
dorsement.
particular task, function or aspect of a work-
er's occupation. [Sec. 1, Rule 1, Book 2, Specific performance. 1. A remedy available
IRR of LC]. to a person who has the right to demand
from another the performance of an obliga-
Specialized. Requiring or involving detailed
tion. [Torres, Oblig. & Cont., 2000 Ed., p.
and specific knowledge or training.
354]. 2. A remedy requiring a person who
Specialized agencies. Intl. bodies which, has breached a contract to perform specifi-
while not part of the UN, have been brought cally what he has agreed to do. Specific per-
into close contact with it bec. of their pur- formance is ordered when damages would
poses and functions. [Cruz, Intl. Law Re- be inadequate compensation. 3. A court or-
viewer, 1996 Ed., p. 24]. der directing a party to carry out the obliga-
tions it had contractually promised to do.
Specialty. A pursuit, area of study, or skill to
which someone has devoted much time and Specific proxy. The authority granted to the
effort and in which they are expert. proxy holder to vote only for a particular
meeting on a specific date. Compare with
Specialty contractor. A person whose opera- Continuing proxy.
tions pertain to the performance of construc-
tion work requiring special skill and whose Specific tax. 1. Tax of a fixed amount im-
principal contracting business involves the posed by the head or number, or by some
use of specialized building trades or crafts. standard of weight or measurement; it re-
[Sec. 9, RA 4566]. quires no assessment [valuation] other than
a listing or classification of the objects to be
Specialty principle. Intl. Law. By this princi- taxed. [De Leon, Fundamentals of Taxation,
ple, a fugitive may be tried or punished only
2000 Ed., p. 14]. 2. A type of excise tax
for a crime specified in the extradition treaty which is imposed and based on weight or
and in the request for extradition. [Cruz, Intl. volume capacity or any other physical unit of
measurement. [CIR v. Mobile Phil. Inc., GR

931
104920. Apr. 28, 1994]. Compare with Ad any way advertised or promised. [Sec. 1 ,
valorem tax. Act 2581].
Specific undertaking. Labor. A special type of Speech. The expression of or the ability to
venture or project whose duration is coter- express thoughts and feelings by articulate
minous with the completion of the project. sounds.
[Beta Electric Corp. v. NLRC, GR 86408.
Speech, Freedom of. The liberty to know, to
Feb. 15, 1990].
utter and to argue freely acc. to conscience,
Specification. 1. Prop. The giving of a new above all liberties. It thus includes, not only
form to material belonging to another, such the right to express one's views, but also
as when grapes belonging to one person other cognate rights relevant to the free
are converted to wine by another, or marble communication of ideas, not excl. the right
of one person is made into a statue by an- to be informed on matters of public concern.
other. [Tolentino, Civ. Code of the Phils., [Osmeña v. Garcia, GR 132231. Mar. 31,
Vol. II, Repr. 2001, p. 99]. 2. Prop. Mgt. 1998].
Technical description of supplies or property
Speedy disposition of cases. The right which
being requisitioned or ordered, which should
is broader than speedy trial and applies to
be clear and complete, incl. if necessary, the
civil, criminal and administrative cases.
specific uses therefor and how acceptability
thereof can be determined. [IRR on Supply
pp. 228-229]. Compare with Speedy trial.
Speedy trial. 1. A trial conducted acc. to the
Specious. Having the ring of truth or plausibil-
law of criminal procedure and the rules and
ity but actually fallacious: a specious argu-
regulations, free from vexatious, capricious
ment; deceptively attractive.
and oppressive delays. [Flores v. People,
Speculate. To enter into a business transac- GR L-25769 Dec. 10, 1974]. 2. A trial con-
tion or venture from which the profits or re- ducted acc. to the law of criminal procedure
turn are conjectural bec. the undertaking is and the rules and regulations, free from
outside of the ordinary course of business to vexatious, capricious, and oppressive de-
purchase or sell with the expectation of prof- lays. [Kalaw v. Apostol, GR 45591. Oct. 15,
iting by anticipated, but conjectural, fluctua- 1937]. Compare with Speedy disposition
tions in price; often in a somewhat deprecia- of cases.
tive sense, to engage in hazardous business
Speedy Trial Act of 1998. RA 8493 entitled
transaction for the chance of an unusu.
―An Act to ensure a speedy trial of all crimi-
large profit; as to speculate in coffee, in
nal cases before the Sandiganbayan, Re-
sugar or in bank stock. [Ortega v. Orcine,
gional Trial Court, Metropolitan Trial Court,
GR L-28317. Mar. 31, 1971, 2nd Ed. p.
Municipal Trial Court, and Municipal Circuit
2417].
Trial Court, appropriating funds therefor, and
Speculation. Guess: a message expressing for other purposes‖ enacted on Feb. 12,
an opinion based on incomplete evidence. 1998.
Speculative. 1. Involving a high risk of loss. 2. Speedy trial, Right to. The right of the ac-
Engaged in, expressing, or based on con- cused to be free from vexatious, capricious,
jecture rather than knowledge. and oppressive delays, its salutary objective
being to assure that an innocent person may
Speculative securities. They include all secu-
be free from anxiety and expense of a court
rities to promote or include the sale of which
litigation or, if otherwise, of having his guilt
profit, gain, or advantage unusual in the or-
determined within the shortest possible time
dinary course of legitimate business is in
compatible with the presentation and con-
sideration of whatever legitimate defense he

932
may interpose. [Andres v. Cacdac, GR L- Splitting. 1. Division or breaking up of requisi-
45650 Mar. 29, 1982]. tion or order into separate requisitions or or-
ders, of smaller quantities and amounts, to
Speleogem. Relief features on the walls, ceil-
avoid review and/or induce approval thereof
ings and floor of any cave or lava tube which
by higher authorities. [IRR on Supply &
are part of the surrounding bedrock, incl. but
Prop. Mgt., per Sec. 383, LGC]. 2. Dividing
not limited to anastomoses, scallops, mean-
or breaking up into separate parts or por-
der niches, petromorphs and rock pendants
tions, or an act resulting in a fissure, rupture,
in solution caves and similar features unique
breach. Within the sphere of govt. procure-
to volcanic caves. [Sec. 3, RA 9072].
ment, splitting is associated with requisi-
Speleothem. Any natural mineral formation or tions, purchase orders, deliveries and pay-
deposit occurring in a cave or lava tube, incl. ments. [Fonacier v. Sandiganbayan, GR L-
but not limited to any stalactite, stalagmite, 50691. Dec. 5, 1994].
helictite, cave flower, flowstone, concretion,
Splitting a single cause of action, Effect of.
drapery, rimstone or formation of clay or
If 2 or more suits are instituted on the basis
mud. [Sec. 3, RA 9072].
of the same cause of action, the filing of one
Spendthrift. 1. One who squanders his sub- or a judgment upon the merits in any one is
stance for the pleasure of the fleeting mo- available as a ground for the dismissal of
ment. [Dir. of Lands v. Abanzado, GR L- the others. [Sec. 4, Rule 2, RoC].
21814. July 15, 1975]. 2. On e who spends
Splitting of cause of action. The practice of
money profusely and improvidently; a prodi-
dividing one cause of action into different
gal; one who lavishes or wastes his estate.
parts and making each part subject of a
Sperm. Legal Med. A living organism consist- separate complaint. [Albano, Rem. Law Re-
ing of a head, neck and tail which carries the viewer, 1st Ed., p. 75].
man‘s genes and is made in the testes and
Splitting of payments. It arises when 2 or
stored in the seminal vesicles. During sexual
more payments for one or more items in-
intercourse, the sperm is transported along
volving one purchase order are made in or-
with a fluid called semen through the vas
der to avoid inspection of deliveries; avoid
deferens and the erect penis. [Olarte, Legal
action, review or approval by higher authori-
Med., 1st Ed. (2004), p. 125].
ties; (or) avoid public bidding. [Fonacier v.
Spirits or Distilled spirits. The substance Sandiganbayan, GR L-50691. Dec. 5, 1994].
known as ethyl alcohol, ethanol or spirits of
Spoliation. A change shown to have been
wine, incl. all dilutions, purifications and mix-
made by one who was the agent of one of
tures thereof, from whatever source, by
the parties, but without the express or im-
whatever process produced, and shall in-
plied authority, and outside the scope of his
clude whisky, brandy, rum, gin and vodka,
employment. [Herrera, Rem. Law, 1999 Ed.,
and other similar products or mixtures. [Sec.
p. 307]. Compare with Alteration or
amendment.
Split. To break or cause to break forcibly into
Sponcion or Sub speratii. Intl. Law. An un-
parts.
dertaking by a person in behalf of his state,
Split jurisdiction. 2 judicial bodies exercising not specifically empowered to center into it.
jurisdiction over an essentially the same It is an agreement by an officer not pos-
subject matter - a situation analogous to sessing proper authority, and may require
split jurisdiction which is obnoxious to the ratification or express acceptance by the
orderly administration of justice. [Benguet State to render it effective. [Coquia and San-
Corp. v. Leviste, GR 65021. Nov. 21, 1991]. tiago, Intl. Law, 3rd Ed. (1998), pp. 494-495].

933
Sponsor or Promoter. Any person who, Some SUVs include the towing capacity of
acting alone or in conjunction with one or a pickup truck with the passenger-carrying
more other persons, directly or indirectly, space of a minivan or large sedan.
contributes cash or property in incorporating
Spouse. One‘s wife or husband.
a REIT. [Sec. 3, RA 9856].
SPPIA. See Standards for the Professional
Sponsored Member. Health Ins. A member
Practice of Internal Auditing.
whose contribution is being paid by another
individual, govt. agency, or private entity Sprinkler system. An integrated network of
acc. to the rules as may be prescribed by hydraulically designed piping installed in a
the PhilHealth. [Sec. 3, RA 10606]. building, structure or area with outlets ar-
ranged in a systematic pattern which auto-
Sponsorship. Any public or private contribu-
matically discharges water when activated
tion to a 3rd party in relation to an event,
by heat or combustion products from a fire.
team or activity made with the aim of pro-
[Sec. 3, PD 1185; Sec. 3, RA 9514].
moting a brand of tobacco product, which
event, team or activity would still exist or oc- SPUG. See Small Power Utilities Group.
cur without such contribution. [Sec. 4, RA
9211]. Spurious. 1. A bastard; the offspring of pro-
miscuous cohabitation. 2. Lacking authentic-
Spontaneous. Performed or occurring without ity or validity in essence or origin; not genu-
premeditation or external stimulus. ine; false.
Spontaneous exclamation. A statement or Spurious children. 1. Illegitimate children
exclamation made immediately after some other than natural. 2. Children whose father,
exciting occasion by a participant or specta- at the time of their conception, could not
tor and asserting the circumstances of that marry the mother, bec. he was already mar-
occasion as it is observed by him. [People v. ried to another woman, and who therefore
Sanchez, GR 74740. Aug. 28, 1992]. fall within the category of illegitimate chil-
dren other than natural in Art. 287 of the Civ.
Spontaneous statements. Evid. Statements
Code. Compare with Natural children.
made by a person while a startling occur-
rence is taking place or immediately prior or Spy. Intl. Law. An individual who, acting clan-
subsequent thereto with respect to the cir- destinely, or on false pretenses, obtains or
cumstances thereof. [Sec. 42, Rule 130, seeks to obtain information in the zone of
RoC]. Compare with Verbal acts. operations of a belligerent, with the intention
of communicating it to the hostile party.
Sports. An activity involving physical exertion
[Cruz, Intl. Law Reviewer, 1996 Ed., p. 138].
and skill in which an individual or team com-
petes against another or others. Squatter. One who settles on the land of an-
other without any legal authority. This term
Sports car. A high-powered vehicle, usu. a 2-
is applied particularly to person who settle
seater, esp. manufactured for speed. [Sec.
on the public land. [Buenavente v. Melchor,
1, PD 843].
GR L-33145. Mar. 30, 1979].
Sports shooting competition. A defensive,
Squatters. Individuals who, without necessari-
precision or practical sport shooting compe-
ly employing violence, either physical or
tition duly authorized by the FEO of the
moral, and taking advantage of the absence
PNP. [Sec. 3, RA 10591].
or tolerance of land owners, succeed in oc-
Sports utility vehicle or Suburban utility cupying their properties for residential pur-
vehicle (SUV). A vehicle similar to a station poses. [Rep. v. Vda. De Caliwan, GR L-
wagon or estate car, usually equipped with a 16927. May 31, 1961].
four-wheel drive for on- or off-road ability.

934
Squatting. [It] consists of occupying an aban- Stable. Firmly established. [Tatad v. Sec. of
doned or unoccupied area of land and/or Energy, GR 124360. Nov. 5, 1997].
a building - usu. residential- that
Stakeholder. 1. [It] shall refer, in addition to a
the squatter does not own, rent or otherwise
holder of shares of a corp., to a member of a
have lawful permission to use.
non-stock corp. or assoc. or a partner in a
Squatting. Elements: (a) That there be occu- partnership. [Sec. 4, RA 10142]. 2.
pation or a taking of possession of property A person, group or org. that has interest of
for residential, commercial or any other pur- concern in an org.
poses, and (b) that in occupying or taking
Stale. Having lost effectiveness or force
possession of the property, the offender did
through lack of exercise or action.
so by force, intimidation or threat or by tak-
ing advantage of the absence or tolerance Stale check. 1. A check where there has been
of its owner and against his will. [Jumawan unreasonable delay by the holder in pre-
v. Eviota, GR 85512-13. July 28, 1994]. senting it for payment. [Martin, Commen-
taries and Jurisp. on Comml. Laws, Vol. 1,
Squatting syndicates. Groups of persons
1988 Rev. Ed., p. 383]. 2. A check which
engaged in the business of squatter housing
has not been presented for payment within
for profit or gain. [Sec. 3, RA 7279].
a reasonable time after its issue. It is value-
Squeezing the float. The taking advantage of less and thus, should not be paid. A check
a shortage of securities in the market by becomes stale 6 months from date of issue.
controlling the demand side and exploiting
Stale check. Nego. Inst. Effect: The drawer
market congestion during such shortages in
and all indorsers are discharged from liabil-
such a way as to create artificial prices.
ity thereon. [Sec. 188, NIL].
SRA. See Sugar Regulatory Administration.
Stale demand. A claim which has been for a
SRC. See Securities Regulation Code. long time undemanded. See Laches.
SRP. See Suggested retail price. Stale demands doctrine. Also Laches, Doc-
trine of. 1. [A doctrine] based upon grounds
SSS. See Social Security System.
of public policy which requires, for the peace
Stab. To thrust a knife or other pointed weap- of society, the discouragement of stale
on into someone so as to wound or kill. claims and x x x is principally a question of
the inequity or unfairness of permitting a
Stab wounds. The phrase is used generically
right or claim to be enforced or asserted. [Ti-
to include all wounds that may be caused jam v. Sibonghanoy, GR L-21450 Apr. 15,
"by weapons such as knives, scissors, 3- 1968]. 2. The time-honored rule anchored
cornered files, or ice picks with a circular
on public policy that relief will be denied to a
shaft, all possessing a sharp point but hav- litigant whose claim or demand has become
ing blades of different shapes. Stabbing may ―stale‖, or who has acquiesced for an unrea-
be done with an ice pick and the puncture is sonable length of time, or who has not been
correctly called a stab wound. [People v. vigilant or who has slept on his rights either
Espinosa, GR 72883. Dec. 20, 1989].
by negligence, folly or inattention. [Arradaza
Stabilize. The provision of necessary care v. CA, GR 50422 Feb. 8, 1989].
until such time that the patient may be dis- Stalk. To pursue or approach stealthily.
charged or transferred to another hospital or
clinic with a reasonable probability that no Stalker. A person who harasses or persecutes
physical deterioration would result from or someone with unwanted and obsessive at-
occur during such discharge or transfer. tention.
[Sec. 2, RA 8344].

935
Stalking. An intentional act committed by a either a monetary or a non-monetary obliga-
person who, knowingly and without lawful tion and the issuing bank agrees to pay the
justification follows the woman or her child beneficiary if the bank customer defaults on
or places the woman or her child under sur- its obligation.
veillance directly or indirectly or a combina-
Standing. The legal right to bring a lawsuit.
tion thereof. [Sec. 3, RA 9262].
Only a person with something at stake has
Stall. A shed where goods or merchandise are standing to bring a lawsuit.
stored or exposed for sale whether on
Standing committee. A term of parliamentary
wholesale or retail. It cannot be different
law which refers to those committees which
from a store or shop where goods are de-
have a continued existence; that are not re-
posited and sold by one engaged in selling
lated to the accomplishment of a specific,
and buying goods.
once-only task as are ad hoc or special
Standard. 1. A set of conditions to be fulfilled committees. Standing committees generally
to ensure the quality and safety of a product. exist as long as the org. to which it reports
[Art. 4, RA 7394]. 2. A gauge which has exists.
been established by authority, custom or
Standing jus tertii. [Legal standing that] will
common acceptance as proper and ade-
be recognized only if it can be shown that
quate for a given purpose. [IRR on Supply &
the party suing has some substantial rela-
Prop. Mgt., per Sec. 383, LGC].
tion to the 3rd party, or that the 3rd party
Standard of proof. Indicates the degree to cannot assert his constitutional right, or that
which the point must be proven. In a civil the right of the 3rd party will be diluted un-
case, the burden of proof rests with the less the party in court is allowed to espouse
plaintiff, who must establish his case by the 3rd party's constitutional claim. [Tele-
such standards of proof as a preponderance communications and Broadcast Attorneys of
of evidence or clear and convincing evi- the Phils., Inc. v. Comelec, GR 132922, Apr.
dence. See Burden of proof. 21, 1998].
Standards. Voluntary guidelines that specify Standpipe system. A system of vertical pipes
the same things that technical regulations in a building to which fire hoses can be at-
mandatorily specify. tached on each floor, incl. a system by
which water is made available to the outlets
Standards for the Professional Practice of
as needed. [Sec. 3, PD 1185; Sec. 3, RA
Internal Auditing (SPPIA). Corp. Law. The
9514].
criteria by which the operations of an inter-
nal auditing department are evaluated and Stare decisis. Lat. To stand by decisions. 1.
measured. They are intended to represent The common law principle which obliges an
the practice of internal auditing as it should inferior court to follow the clear findings in
be, provide a framework for performing and law of a superior court of the same jurisdic-
promoting a broad range of value-added in- tion. Sup. Courts and inferior courts may al-
ternal audit activities and foster improved so hold themselves bound by their own de-
organizational processes and operations. cisions. Nota bene: Stare decisis is an ab-
[SEC Res. 135, S. 2002].cra brev. of the full Latin maxim, Stare decisis et
non quieta movere, meaning ―stand by deci-
Standby. Kept in reserve for use when need-
sions and do not disturb the calm." 2. A
ed.
basic principle of the law whereby once a
Standby Letter of Credit. Also termed as decision [a precedent] on a certain set of
Guaranty Letter of Credit, 1. A letter of facts has been made, the courts will apply
credit obtained by a buyer naming the seller that decision in cases which subsequently
as a beneficiary. 2. it is used to guarantee come before it embodying the same set of

936
facts. A precedent which is binding; must be govt. capable of entering into intl. relations,
followed. and a govt. capable of controlling its territory
and peoples.
Stare decisis doctrine. Also called the Ad-
herence to judicial precedents doctrine. State. Elements: (a) People; (b) territory; (c)
[The doctrine that] enjoins adherence to ju- govt.; and (d) sovereignty. [Suarez, Pol. Law
dicial precedents. It requires courts in a Reviewer, 1st Ed., 2002, p. 23].
country to follow the rule established in a
State continuity principle. Intl. Law. It means
decision of its Sup. Court. That decision be-
that the legal existence of a state continues
comes a judicial precedent to be followed in
notwithstanding changes in the size of its
subsequent cases by all courts in the land.
population or territory or in the form of lead-
[Phil. Guardians Brotherhood, Inc. (PGBI) v.
ership of its govt. [Cruz, Intl. Law Reviewer,
Comelec, GR 190529, Apr. 29, 2010].
1996 Ed., p. 38].
Stare decisis et no movere. Lat. Follow past
State immunity. The protection which a state
precedent and do not disturb what has been
is given from being sued in the courts of
settled. [Torillo v. Leogardo, Jr., GR 77205.
other states. See Sovereign immunity.
May 27, 1991].
State immunity doctrine. The doctrine under
Stare decisis et non quieta movere. Lat.
which a State cannot be sued in the courts
Stand by decisions and do not disturb the
of another State, without its consent or
calm; From settled precedents, there must
waiver. [Jusmag Phils. v. NLRC, GR 108813
be no departure. 1. This legal maxim has
Dec. 15, 1994].
evolved out of an ancient practice of sub-
scribing to well-settled precedents and if the State of calamity. A condition involving mass
law is able to attain some degree of perma- casualty and/or major damages to property,
nence or stability, it is also bec. of the judi- disruption of means of livelihoods, roads
cial adherence to precedents. 2. To stand by and normal way of life of people in the af-
decisions and not disturb settled matters. fected areas as a result of the occurrence of
[Dioquino v. Cruz, GR L-38579. Sep. 9, natural or human-induced hazard. [Sec. 3,
1982]. RA 10121].
Stare decisis et non quieta movere doc- State of necessity acts. The acts of a person
trine. Lat. To adhere to precedents and not amounting to interference with a thing the
to unsettle things which are established. The ownership of which belongs to another who
doctrine embodied in Art. 8 of the Civ. Code has no right to prohibit the same if such is
of the Phils. which provides, thus: ―Judicial necessary to avert an imminent danger and
decisions applying or interpreting the laws or the threatened damage, compared to the
the Constitution shall form a part of the legal damage arising to the owner from the inter-
system of the Phils.‖ [Lazatin v. Desierto, ference, is much greater. The owner may
GR 147097, June 5, 2009]. demand from the person benefited indemni-
ty for the damage to him. [Art. 432, CC].
State. Intl. Law. 1. Those groups of people
which have acquired intl. recognition as an State of the Nation Address (SONA). 1. The
independent country and which have 4 address delivered by the Pres. before the
characteristics; permanent and large popu- joint session of Congress at the opening of
lation with, generally, a common language; its regular session. 2. The Constitutional
a defined and distinct territory; a sovereign mandate of the Pres. to address the Con-
govt. with effective control; and a capacity to gress at the opening of its regular session.
enter into relations with other states (i.e., [From Art. VII, Sec. 23, 1987 Consti.].
recognized by other states). 2. A political en-
State of the ship’s registry. In relation to
tity comprising a territory, a population, a
registered ships, the State of registration of

937
the ship and in relation to unregistered committed, except the testimony of said ac-
ships, the State whose flag the ship is flying. cused; (c) the testimony of said accused can
[Sec. 3, RA 9483]. be substantially corroborated in its material
points; (d) said accused does not appear to
State practice. Intl. Law. 1. The continuous
be the most guilty; (e) said accused has not
repetition of the same or similar kind of acts
at any time been convicted of any offense
or norms by States. [Bayan Muna v. Romu-
involving moral turpitude. Evidence adduced
lo, GR 159618. Feb. 1, 2011]. 2. The con-
in support of the discharge shall automati-
duct and practices of states in their dealings
cally form part of the trial. If the court denies
with each other.
the motion for discharge of the accused as
State responsibility. Intl. Law. Liability of a state witness, his sworn statement shall be
state for the injuries that it causes to foreign inadmissible in evidence. [People v. Quim-
persons. ing, GR 92847. May 21, 1993].
State responsibility doctrine. Intl. Law. The Stated installments. Nego. Inst. Installments
doctrine that holds a state responsible for whereby the sum as well the date when
any injury sustained by an alien within its ju- each and every installment is due are stated
risdiction bec. of an intl. wrong imputable to on them face of the instrument.
it. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
Stateless. Not recognized as a citizen of any
109].
country.
State succession principle. Intl. Law. The
Stateless person. A person who is not con-
substitution of one state by another, the lat-
sidered as a national by any State under the
ter taking over the rights and some of the
operation of its law. [Frivaldo v. Comelec,
obligations of the former. [Cruz, Intl. Law
GR 120295. June 28, 1996].
Reviewer, 1996 Ed., p. 39].
Statelessness. The condition or status of an
State witness. Any person who has partici-
individual who is born without any nationality
pated in the commission of a crime and de-
or who loses his nationality without retaining
sires to be a witness for the State, can apply
or acquiring another. [Cruz, Intl. Law Re-
and, if qualified as determined in RA 6981
viewer, 1996 Ed., p. 107].
and by the DOJ, shall be admitted into the
Witness Protection Program whenever the Statement. In a general sense, an allegation;
following circumstances are present: (a) the a declaration of matters of fact.
offense in which his testimony will be used
Statement in articulo mortis. A statement
is a grave felony as defined under the Rev.
made "at the point of death" which carries
Penal Code or its equivalent under special
special weight since it is believed that a per-
laws; (b) there is absolute necessity for his
son about to die has nothing to gain, per-
testimony; (c) there is no other direct evi-
haps much to lose, by lying. See Dying
dence available for the proper prosecution
declaration.
of the offense committed; (d) his testimony
can be substantially corroborated on its ma- Statement of Assets, Liabilities and Net-
terial points; (e) he does not appear to be worth (SALN). A true, detailed and sworn
most guilty; and (f) he has not at any time statement of assets and liabilities, incl. a
been convicted of any crime involving moral statement of the amounts and sources of [a
turpitude. [Sec. 10, RA 6981]. public officer‘s] income, the amounts of his
personal and family expenses and the
State witness. Requisites: (a) There is abso-
amount of income taxes paid for the next
lute necessity for the testimony of the ac-
preceding calendar year [which] every public
cused whose discharge is requested; (b)
officer, after assuming office, and within the
there is no other direct evidence available
month of Jan. of every other year thereafter,
for the proper prosecution of the offense

938
as well as upon the expiration of his term of matters necessary to an understanding of
office, or upon his resignation or separation the nature of the controversy, with page ref-
from office, shall prepare and file with the of- erences to the record. [Sec. 13, Rule 44,
fice of the corresponding Dept. Head, or in RoC]. 2. An essential part of a good deci-
the case of a Head of Department or chief of sion which consists of a legal definition of
an independent office, with the Office of the the nature of the action. At the 1st instance,
Pres., or in the case of members of the this part states whether the action is a civil
Congress and the officials and employees case for collection, ejectment, quieting of ti-
thereof, with the Office of the Sec. of the tle, foreclosure of mortgage, and so on; or, if
corresponding House; Provided, That public it is a criminal case, this part describes the
officers assuming office less than 2 months specific charge - quoted usu. from the accu-
before the end of the calendar year, may file satory portion of the information - and the
their statements in the following months of plea of the accused. Also mentioned here
Jan. [from Sec. 7, Anti-Graft And Corrupt are whether the case is being decided on
Practices Act]. appeal or on a petition for certiorari, the
court of origin, the case number in the trial
Statement of facts. Rem. Law. 1. That part of
court, and the dispositive portion of the as-
the appellant's brief which shall contain a
sailed decision. [Velarde v. Social Justice
clear and concise statement in a narrative
Society, GR 159357, Apr. 28, 2004].
form of the facts admitted by both parties
and of those in controversy, together with Statement of Votes (SOV). 1. A machine-
the substance of the proof relating thereto in generated document containing the votes
sufficient detail to make it clearly intelligible, obtained by candidates in each precinct in a
with page references to the record. [Sec. 13, city or municipality. [Sec. 2, RA 8436]. 2. A
Rule 44, RoC]. 2. An essential part of a document containing detailed entries of the
good decision which consists of different votes obtained by each candidate in each of
ways of relating the facts of the case. 1st, the precincts in a municipality or in each of
under the objective or reportorial method, the municipalities in a province. [Sec. 2, RA
the judge summarizes -- without comment -- 8046].
the testimony of each witness and the con-
Statement of Votes by Precinct, Municipali-
tents of each exhibit. 2nd, under the synthe-
ty, City, District, Province, or Overseas
sis method, the factual theory of the plaintiff
Absentee Voting (OAV) Station. A docu-
or prosecution and then that of the defend-
ment in electronic and in printed form gen-
ant or defense is summarized acc. to the
erated by the canvassing or consolidating
judge‘s best light. 3rd, in the subjective
machines or computers during the canvass
method, the version of the facts accepted by
proceedings of the votes obtained by the
the judge is simply narrated without explain-
candidates for the Offices of the Pres. and
ing what the parties‘ versions are. Finally,
Vice Pres. in each precinct, municipality,
through a combination of objective and sub-
city, district, province, or OAV Station. [The
jective means, the testimony of each wit-
2010 Rules of the PET, Rule 2, AM 10-4-29-
ness is reported and the judge then formu-
SC, May 4, 2010].
lates his or her own version of the facts. [Ve-
larde v. Social Justice Society, GR 159357, Stateroom. A commodious room on ship-
Apr. 28, 2004]. board, usu. for a captain or superior ship‘s
officer.
Statement of the case. Rem. Law. 1. That
part of the appellant's brief which contains a Station-specific appointment. Civ. Serv. [An
clear and concise statement of the nature of appointment where] the particular office or
the action, a summary of the proceedings, station where the position is located is spe-
the appealed rulings and orders of the court, cifically indicated on the face of the ap-
the nature of the judgment and any other pointment paper. [It] does not refer to a

939
specified plantilla item number since it is Status quo. Lat. The last actual peaceable
used for purposes of identifying the particu- uncontested status which preceded the
lar position to be filled or occupied by the pending case. [Phil. Virginia Tobacco v. de
employee. [Sec. 6, Rev.Rules on Reas- los Angeles, GR L-27829, Aug. 19, 1988].
signment, CSC Res. 04-1458, dated 23
Status quo ante. Lat. 1. The last actual,
Dec. 2004].
peaceful, and uncontested status that pre-
Statistical improbability doctrine. Also cedes the actual controversy, that which is
known as the Lagumbay doctrine. existing at the time of the filing of the case.
[Lagumbay v. Comelec, GR L-25444 Jan. [Cortez-Estrada v. Samut GR 154407. Feb.
31, 1966]. Elec. Law. The doctrine [that] is 14, 2005]. 2. This is what is intended to be
applied only where the unique uniformity of maintained by the provisional remedies of a
tally of all the votes cast in favor of all the temporary restraining order, a writ of prohibi-
candidates belonging to one party and the tory or mandatory injunction, etc. 3. It is also
systematic blanking of all the candidates of referred to merely as Status quo. [PPA v.
all the opposing parties appear in the elec- Cipres Stevedoring & Arrastre, Inc., GR
tion return. [Sinsuat v. Pendatun, GR L- 145742. July 14, 2005].
31501, June 30, 1970].
Status quo ante litem motam. Lat. The last
Status. 1. A legal personal relationship, not actual, peaceable, non-contested status.
temporary in nature nor terminable at the [Lim v. Pacquing, GR 115044. Jan. 27,
mere will of the parties, with which 3rd per- 1995, Annotation, 15 ALR 2d 237].
sons and the state are concerned. [Kawasa-
Statute. 1. Legislative enactment; it may be a
ki Port Service Corp. v. Amores, GR 58340.
single act of a legislature or a body of acts
July 16, 1991]. 2. The circumstances affect-
which are collected and arranged for a ses-
ing the legal situation (that is, the sum total
sion of a legislature. 2. Intl. Law. Sometimes
of capacities and incapacities) of a person in
termed as ―Constitution‖. A certain type of
view of his age, nationality and his family
multilateral instrument in the nature of an
membership. [It comprehensively] include[s]
organic act, dealing with the establishment
such matters as the beginning and end of
of an intl. organ. [Coquia and Santiago, Intl.
legal personality, capacity to have rights in
Law, 3rd Ed. (1998), p. 493].
general, family relations, and its various as-
pects, such as birth, legitimation, adoption, Statute of frauds. [It] only lays down the
emancipation, marriage, divorce, and some- method by which the enumerated contracts
times even succession. [Beduya v. Rep., may be proved. But it does not declare them
GR L-17639 May 29, 1964]. invalid bec. they are not reduced to writing
inasmuch as, by law, contracts are obligato-
Status of a person in law. [It] includes all his
ry in whatever form they may have been en-
personal qualities and relations, more or
tered into, provided all the essential requi-
less permanent in nature, not ordinarily ter-
sites for their validity are present. [Mun. of
minable at his own will, such as his being
Hagonoy v. Hon. Dumdum, GR
legitimate or illegitimate, or his being mar-
168289. Mar. 22, 2010].
ried or not. [Silverio v. Rep., GR 174689;
Oct. 22, 2007]. Statute of frauds. Applicability. It is applicable
only to executory contracts. [Facturan v.
Status offenses. Offenses that discriminate
Sabanal, GR L-2090 Sep. 27, 1948], not to
only against a child, such as curfew viola-
contracts either totally or partially performed
tions, truancy, parental disobedience and
[Iñigo v. Maloto, GR L-24384 Sep. 28,
the like. [Sec. 4, RA 9344; Rule on Juveniles
1967].
in Conflict with The Law, AM 02-1-18-SC,
Nov. 24, 2009]. Statute of frauds. Effect of noncompliance.
The effect of noncompliance with this re-

940
quirement is simply that no action can be Statute of non-claims. Spec. Pro. 1. The time
enforced under the given contracts. [Gal- for the filing of claims against the estate,
lemit v. Tabiliran, GR 5837 Sep. 15, 1911]. which shall not be more than 12 nor less
than 6 months after the date of the 1st pub-
Statute of frauds. Enforceability. Contracts
lication of the notice. All claims for money
entered into in violation thereof are simply
against the decedent, arising from contract,
unenforceable and the requirement that they
express or implied, whether the same be
- or some note or memorandum thereof - be
due, not due, or contingent, all claims for fu-
in writing refers only to the manner they are
neral expenses and expenses for the last
to be proved. [See Art. 1403, Par. 2, CC].
sickness of the decedent, and judgment for
Statute of frauds. Object or purpose. To pre- money against the decedent, must be filed
vent fraud and perjury in the enforcement of within the time limited in the notice; other-
obligations depending for their evidence on wise they are barred forever, except that
the unassisted memory of witnesses by re- they may be set forth as counterclaims in
quiring certain enumerated contracts and any action that the executor or administrator
transactions to be evidenced by a writing may bring against the claimants. [Sec. 2 and
signed by the party to be charged. It was not 5, Rule 86, RoC]. 2. A definite period fixed
designed to further or perpetuate fraud. It by law within which claims against the es-
makes only ineffective actions for specific tates of deceased persons must be present-
performance of the contracts covered by it; it ed to insure the speedy settling of the affairs
does not declare them absolutely void and of a deceased person and the early delivery
of no effect. [Asia Prod. Co., v. Paño, GR of the property of the estate into the hands
51058. Jan. 27, 1992]. of the persons entitled to receive it. [Estate
of De Dios, GR L-7940 Mar. 27, 1913]. 3. Its
Statute of limitations. 1. A statute which lim- purpose it to settle the affairs of the estate
its the right of a plaintiff to file an action un-
with dispatch, so that the residue may be
less it is done within a specified time period delivered to the persons entitled thereto
after the occurrence which gives rise to the without their being afterwards called upon to
right to sue. The law that bars the institution respond in actions for claims, which, under
of an action against another after the lapse the ordinary statute of limitations, have not
of the period prescribed therefore. 2. Acts of
yet prescribed. [Santos v. Manarang, GR
grace, a surrendering by the sovereign of its 8235. Mar. 19, 1914].
right to prosecute. They receive a strict con-
struction in favor of the Govt. and limitations Statutory. Relating to a statute; created or
in such cases will not be presumed in the defined by a law.
absence of clear legislation. [Lim v. CA, GR
Statutory construction. 1. The art or process
48134-37. Oct. 18, 1990, 4th Ed., p. 1077].
of discovering and expounding the meaning
3. Statute which provides that the rights to
and intention of the authors of the law with
require of others the fulfillment of their obli-
respect to its application to a given case,
gations prescribe after a certain period of
where that intention is rendered doubtful,
time, in order that it may serve alike as a
among others, by reason of the fact that the
punishment for those who do not know how
given case is not explicitly provided for in
to look after their own interests, and as a
the law [Caltex (Phils.) Inc. v. Palomar, GR
source of reassurance to those who may
L-19650. Sep. 29, 1966]. 2. Process by
have rested in the belief that their creditors
which a court seeks to interpret the meaning
had waived their rights, and also to insure
and scope of legislation.
economic stability and the certainty of rights.
[Lutero v. Siuliong and Co., GR L-31125 Statutory law. Laws promulgated by Con-
Jan. 21, 1930]. gress. Compare with Case law and Com-
mon law.

941
Statutory minimum wage. The lowest wage Stemmed leaf tobacco. Leaf tobacco which
rate fixed by law that an employer can pay has had the stem or midrib removed. The
his workers. [IRR, RA 6727; Sec. 1, Rule 7, term does not include broken leaf tobacco.
Book 3, IRR of LC]. [Sec. 140, NIRC, as amended].
Statutory rape. Crim. Law. 1. The felony Stepson. A son brought by a spouse to the
committed when a man has carnal new marriage or a son by a former marriage
knowledge of a woman who is under 12 of his parent, now in the subsequent union.
years of age. [Art. 335 (3), RPC]. 2. Sexual [Madueño v. Cabanatuan Lumber Co., GR
intercourse with a girl under the age of con- 47978. Oct. 31, 1941].
sent as defined by statute. 3. In this jurisdic-
Sterility. The inability to procreate. [Mac-
tion, 12 is the statutory age of consent. [Art.
adangdang v. CA, GR L-49542. Sep. 12,
335, RPC].
1980]. Compare with Impotency.
Statutory rape. Crim. Law. Elements: (a) That
Stewardship. An ethic that embodies the re-
the accused had carnal knowledge of a
sponsible planning and management of re-
woman; and (b) that the woman was below
sources.
12 years of age. [People v. Somodio, GR
134139-40, Feb. 15, 2002]. Stewardship concept. A concept under which
private property is supposed to be held by
Statutory taxpayer. The person who must pay
the individual only as a trustee for the peo-
the tax to the govt.; the one on whom the tax
ple in general, who are its real owners. As a
is formally assessed. He is the subject of the
mere steward, the individual must exercise
tax. [De Leon, Fundamentals of Taxation,
his rights to the property not for his own ex-
2000 Ed., p. 53].
clusive and selfish benefit but for the good
Stay. 1. A court order halting a judicial proof the entire community or nation. [Mataas
ceeding. 2. A procedure whereby a court na Lupa Tenants Assoc. v. Dimayuga, GR
does not dismiss an action or dismisses it L-32049 June 25, 1984].
conditionally on grounds of forum non con-
STD. Sexually transmitted disease.
veniens but retains jurisdiction and calls on
the plaintiff to take suit in the more conven- STI. See Sexually Transmitted Infection.
ient forum. The conditions are usu. that the
defendant agrees to appear in the foreign Stimson doctrine. Intl. Law. 1. The doctrine
that forbids recognition of any govt. set up
court within a certain delay, accept jurisdic-
tion there and agree to any final judgment. through external aggression. [Sandoval, Pol.
Law Reviewer 2003]. 2. A doctrine formulat-
Stay of execution. A temporary period during ed by US Sec. of State Stimson in 1932.
which the execution of judgment of the court [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44].
is postponed. [Torres, Oblig. & Cont., 2000
Ed., p. 354]. Stipulation. 1. An agreement bet. the parties
to a contract or lawyers. [Torres, Oblig. &
STCW Convention. The 1978 Intl. Convention Cont., 2000 Ed., p. 354]. 2. An agreement
on Standards of Training, Certification and bet. the parties involved in a suit regulating
Watchkeeping for Seafarers, and its subse- matters incidental to trial.
quent amendments. [Sec. 2, RA 10635].
Stipulation of facts. An agreement, admis-
STD. See Sexually transmitted diseases. sion, or concession made in a judicial pro-
ceeding by the parties or their attorneys, re-
Stealth. Any secret, sly, or clandestine act to
garding some matters incidental thereto for
avoid discovery and to gain entrance into or
the purpose of avoiding delay, trouble and
remain within residence of another without
expense.
permission. [Sumulong v. CA, GR 108817.
May 10, 1994].

942
Stipulation of interests. Rules: (a) Central Stirpes. Lat. The offspring of a person; his or
Bank [now BSP] Circ. 416 – 12% per annum her descendants. For example, inheriting
in cases of: (1) Loans; (2) Forbearance of per stirpes means having a right to a de-
money, goods and credits; or (3) Judgement ceased's estate bec. one happens to be a
involving such loan or forbearance, in the descendant of the deceased.
absence of express agreement as to such
STO. See Support to Operations.
rate of interest; During the interim period
from the date of judgment until actual pay- Stock. Also Share of stock. 1. The term in-
ment. Pursuant to PD 116 amending Act cludes the share in an assoc., joint-stock
2655 [Usury Law], the Central Bank of the company, or insurance company. [Sec. 22,
Phils. [now BSP] issued Circ. 416 raising NIRC, as amended]. 2. One of the units into
the legal rate of interest from 6% to 12% per which the capital stock is divided. [De Leon,
annum. In the absence of a stipulation as to Corp. Code of the Phil. Annotated, 1989
interest, the loan due will now earn interest Ed., p. 56].
at the legal rate of 12% per annum. [Sulit v.
CA, GR 119247, Feb. 17, 1997]; and (b) In- Stock and transfer book. The book in which
terest accruing from unpaid interest – inter- must be kept a record of all stocks in the
names of the stockholders alphabetically ar-
est due shall earn interest from the time it is
judicially demanded although the obligation ranged; the installments paid and unpaid on
may be silent upon this point. all stock for which subscription has been
made, and the date of payment of any in-
Stipulation pour atrui. Stipulation in favor of a stallment; a statement of every alienation,
3rd person. 1. A stipulation in favor of a 3rd sale or transfer of stock made, the date
person who may demand its fulfillment, pro- thereof, and by and to whom made; and
vided he communicated his acceptance to such other entries as the by-laws may pre-
the obligor before its revocation. An inci- scribe. [Sec. 74, Corp. Code].
dental benefit or interest, which another per-
son gains, is not sufficient. The contracting Stock and transfer book. Contents: (a) All
parties must have clearly and deliberately stocks in the name of the stockholders al-
conferred a favor upon a 3rd person. [Art. phabetically arranged; (b) Amount paid and
1311, CC]. 2. Stipulation in a contract in fa- unpaid on all stocks and the date of pay-
ment of any instalment; (c) Alienation, sale
vor of a 3rd person conferring upon him a
clear and deliberate favor upon him, and or transfer of stocks; and (d) Other entries
which stipulation is merely a part of a con- as the by-laws may prescribe.
tract entered into by the parties, neither of Stock corporations. Corps. which have capi-
whom acted as agent of the 3rd person, and tal stock divided into shares and are author-
such 3rd person may demand its fulfillment ized to distribute to the holders of such
provided that he communicates his ac- shares dividends or allotments of the sur-
ceptance to the obligor before it is revoked. plus profits on the basis of the shares held.
[Sec. 3, Corp. Code].
Stipulation pour atrui. Requisites: (a) The
stipulation in favor of a 3rd person must be a Stock dividend. 1. A conversion of surplus or
part of the contract, and not the contract it- undivided profits into capital stock, which is
self; (b) the favorable stipulation should not distributed to stockholders in lieu of a cash
be conditioned or compensated by any kind dividend. [CIR v. Manning, GR L-28398.
of obligation; and (c) neither of the contract- Aug. 6, 1975]. 2. Any dividend payable in
ing parties bears the legal representation or shares of stock of the corp. declaring or au-
authorization of the 3rd party. [Florentino v. thorizing such dividend. It is, what the term
Encarnacion, GR L-27696 Sep. 30, 1977]. itself implies, a distribution of the shares of
stock of the corp. among the stockholders
as dividends. A stock dividend of a corp. is a

943
dividend paid in shares of stock instead of Stop and search. One form of search on ve-
cash and is properly payable only out of hicles without warrant at military or police
surplus profits. So, a stock dividend is actu- checkpoints which has been declared to be
ally 2 things: (a) A dividend, and (b) the en- not illegal per se, for as long as it is war-
forced use of the dividend money to pur- ranted by the exigencies of public order and
chase additional shares of stock at par. conducted in a way least intrusive to motor-
[Nielson & Co. v. Lepanto, GR L-21601. ists. A checkpoint may either be a mere rou-
Dec. 28, 1968]. Compare with Cash divi- tine inspection or it may involve an intensive
dend. search. [Caballes v. CA, GR 136292, Jan.
15, 2002].
Stock exchange. A market in which securities
are bought and sold. See Exchange. Stop and search. Instances when permissi-
ble: a. where the officer merely draws aside
Stockbroker. All persons whose business it is,
the curtain of a vacant vehicle which is
for themselves as such brokers or for other
parked on the public fair grounds; b. simply
brokers, to negotiate purchases or sales of
looks into a vehicle; c. flashes a light therein
stock, bonds, exchange, bullion, coined
without opening the car‘s doors; d. where
money; bank notes, promissory notes or
the occupants are not subjected to a physi-
other securities. [Sec. 1, PD 426].
cal or body search; e. where the inspection
Stockholder. The owners of shares of stock in of the vehicles is limited to a visual search
a stock corp. They are also called share- or visual inspection; and f. where the routine
holders. [De Leon, Corp. Code of the Phil. check is conducted at a fixed area. [Ca-
Annotated, 1989 Ed., p. 46]. balles v. CA, GR 136292, Jan. 15, 2002].
Stockholder’s pre-emptive right. Corp. Law. Stop-and-frisk. The vernacular designation of
The right of the stockholder to subscribe to the right of a police officer to stop a citizen
all issues or disposition of share of any class on the street, interrogate him, and pat him
in proportion to his shareholding. [Diaz, Bus. for weapon(s). [Manalili v. CA, GR 113447.
Law Rev., 1991 Ed., p. 269]. Oct. 9, 1997].
Stockholders’ rights. Corp. Law. The im- Stoppage in transitu. That act of a vendor of
portant rights of stockholders are the follow- goods, upon a credit, who, on learning that
ing: (a) The right to vote; (b) the right to re- the buyer has failed, resumes the posses-
ceive dividends; (c) the right to receive dis- sion of the goods, while they are in the
tributions upon liquidation of the corp.; and hands of a carrier or middle-man, in their
(d) the right to inspect the books of the corp. transit to the buyer, and before they get, into
[Cojuangco, Jr. v. Roxas, GR 91925. Apr. his actual possession.
16, 1991].
Stoppage in transitu, Right of. The right of
Stocks. Shares in the ownership of a company the unpaid seller who has parted with the
that entitle their owners to rights in the firm, possession of the goods to stop them in
incl. a proportionate part of the dividends transitu, that is to say, he may resume pos-
and, upon liquidation, of the capital assets. session of the goods at any time while they
are in transit, and he will then become enti-
Stomach ulcer. Such an erosion in the stom- tled to the same rights in regard to the
ach, the inside of the stomach. When the goods as he would have had if he had never
erosion is a little further down, in the duode- parted with the possession. [Art. 1530, CC].
num [the 1st part of the intestine], it is a du-
odenal ulcer. [Landicho v. WCC, GR L- Storage. The action or method of storing
45996. Mar. 26, 1979]. Same as Gastric ul- something for future use.
cer.
Storage charge. The amount assessed on
articles for storage in customs premises,

944
cargo shed and warehouses of the govt. generated as to adversely affect the effi-
The owner, consignee or agent of either, of ciency and productivity of the employee
the articles, is liable for this charge. [Rep. v. concerned. [Cabigting v. San Miguel Foods
Consolidated Terminals, Inc., GR L-27810. Inc. GR 167706, Nov. 3, 2009].
Dec. 14, 1981].
Strait. Intl. Law. A comparatively narrow pas-
Store. A business establishment where usu. sageway connecting 2 large bodies of water.
diversified goods are kept for retail sale. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67].
Stored. A deposit in a store or warehouse for Stranger. A 3rd-party who is any person other
preservation or safe keeping; to put away for than the judgment debtor or his agent.
future use, esp. for future consumption; to [Bayer Phil. Inc. v. Agana, GR L-38701 Apr.
place in a warehouse or other place of de- 8, 1975].
posit for safe keeping. [K. S. Young v. Mid-
Stranger to the action. A person not a party
land Textile Ins. Co., GR 9370. Mar. 31,
to the action, or as the law puts it, any other
1915].
person than the defendant or his agent,
Stow. To pack or store an object carefully and whose property is seized pursuant to the
neatly in a particular place. writ of delivery. [La Tondeña Distillers v. CA,
GR 88938. June 8, 1992].
Straight baseline. Straight lines connecting
the seaward most low-water points of deeply Strategem. A maneuver designed to deceive
indented coastlines and the seaward most or outwit the enemy. A deception or device
low-water points of a fringe of islands along for obtaining advantage.
a coastline. Compare with Normal base-
Strategic. Important or essential in relation to
line.
a plan of action.
Straight baseline method. Intl. Law. A meth-
Strategic Agriculture and Fisheries Devel-
od in defining the territorial sea under which
opment Zones (SAFDZ). The areas within
straight lines are made to connect appropri-
the NPAAAD identified for production, agro-
ate points on the coast without departing
processing and marketing activities to help
radically from its general direction. The wa-
develop and modernize with the support of
ters inside these lines are considered inter-
govt., the agriculture and fisheries sectors in
nal. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
an environmentally and socio-culturally
63]. Compare with Normal baseline meth-
sound manner. [Sec. 4, RA 8435].
od.
Strategic lawsuit against public participa-
Straight voting. A method of voting where
tion (SLAPP). Rem. Law. An action whether
every stockholder may vote such number of
civil, criminal or administrative, brought
shares for as many persons as there are di-
against any person, institution or any govt.
rectors to be elected.
agency or LGU or its officials and employ-
Straight-line method of depreciation. The ees, with the intent to harass, vex, exert un-
recording of depreciation of depreciable due pressure or stifle any legal recourse that
property in equal amounts monthly over its such person, institution or govt. agency has
estimated service life. [Sec. 5, RA 3187]. taken or may take in the enforcement of en-
vironmental laws, protection of the environ-
Strained relations doctrine. Labor. The doc-
ment or assertion of environmental rights.
trine the application of which would necessi-
[Rules of Procedure for Environmental Cas-
tate that it should be proved that the em-
es, AM 09-6-8-SC, Apr. 29, 2010].
ployee concerned occupies a position where
he enjoys the trust and confidence of his Strategy. Machination or artifice. [Sumulong v.
employer and that if reinstated, an atmos- CA, GR 108817. May 10, 1994].
phere of antipathy and antagonism may be

945
Strategy Map. An integrated set of strategic Strict construction. Interpreting the law
choices or objectives drawn by the govern- based on a literal and narrow definition of
ing body, the successful execution of which the language without reference to the differ-
results in the achievement of the GOCC‘s ences in conditions when the law was writ-
vision in relation to its mission or purpose for ten and modern conditions, inventions and
having been created. [Sec. 3, RA 10149]. societal changes.
Stray decision. [A decision that] has not been Strict liability. 1. Imposing liability on an actor
reiterated in subsequent decisions [of the regardless of fault. 2. Concept applied by
Sup. Court]. [People v. Orita, GR 88724, the courts in product liability cases that
Apr. 3, 1990, abandoning the earlier pro- when a manufacturer presents his goods for
nouncement in the case of People v. Erinia, public sale, he is representing that they are
GR L-26298 Jan. 20, 1927, re: crime of frus- suitable for their intended use.
trated rape].
Strict nature reserve. An area possessing
Stray dog. Any dog leaving its owner‘s place some outstanding ecosystem, features
or premise and no longer under the effective and/or species of flora and fauna of natl.
control of the owner. [Sec. 3, RA 9482]. scientific importance maintained to protect
nature and maintain processes in an undis-
Stream. Synonymous to a creek or a running
turbed state in order to have ecologically
course of water.
representative examples of the natural envi-
Street. Road, valley, avenue, high-way or ronment available for scientific study, envi-
other public way. [Sec. 3, PD 198]. ronmental monitoring, education, and for the
maintenance of genetic resources in a dy-
Street certificate. Corp. Law. The certificate
namic and evolutionary state. [Sec. 4, RA
covering shares which is indorsed in blank 7586].
and therefore transferable by a mere deliv-
ery until it reaches the hands of a transferee Strict scrutiny or Compelling interest test.
who, deciding to effect registration in the Govt. regulation that intentionally discrimi-
books of the corp. can just place his name nates against a ―suspect class‖ such as ra-
as transferee in the proper space provided cial or ethnic minorities, is subject to strict
for in the certificate. [Diaz, Bus. Law Rev., scrutiny and considered to violate the equal
1991 Ed., p. 251]. protection clause unless found necessary to
promote a compelling state interest. A clas-
Strict. Demanding total obedience or ob- sification is necessary when it is narrowly
servance; rigidly enforced. drawn so that no alternative, less burden-
Strict compliance doctrine. The doctrine some means is available to accomplish the
holding that the documents tendered by the state interest. Thus, it was held that denial
seller or beneficiary must strictly conform to of free public education to the children of il-
the terms of the Letter of Credit (LC). The legal aliens imposes an enormous and last-
tender of documents must include all docu- ing burden based on a status over which the
ments required by the letter. Thus, a corre- children have no control is violative of equal
spondent bank which departs from what has protection bec. there is no showing that
been stipulated under the LC acts on its such denial furthers a ―substantial‖ state
own risk and may not thereafter be able to goal. [Plyler v. Doe, 457 US 202].
recover from the buyer or the issuing bank, Strict test or Grandfather rule. Comm. Law.
as the case may be, the money thus paid to
The test which requires that the citizenship
the beneficiary. [Feati Bank and Trust Co. v. of the individuals or natural persons who ul-
CA, GR 940209, Apr. 30, 1991]. See Doc- timately own or control the shares of stock
trine of strict compliance.
of the corp. must be looked into for purpos-
es of determining compliance with the Filipi-

946
no ownership requirement. Compare with Stripping. The unloading operations of car-
Control test. goes outside the containers. [Sec. 1, PPA
AO 08-79].
Strictissimi juris. Lat. By the most strict right
or law. The rule that exemptions from taxa- Strong arm of equity. The writ [of preliminary
tion are construed in strictissimi juris against injunction, whether prohibitory or mandatory]
the taxpayer and liberally in favor of the tax- sought for the protection of the rights of a
ing authority primarily bec. taxes are the party before the final determination of his
lifeblood of govt. and their prompt and cer- rights vis-à-vis others' in a pending case be-
tain availability is an imperious need. Thus, fore the court. [Roxas v. IAC, GR 67195.
to be exempted from payment of taxes, it is May 29, 1989]. See Preliminary injunction,
the taxpayer's duty to justify the exemption Writ of.
―by words too plain to be mistaken and too
Strong sensitizer. Any substance which will
categorical to be misinterpreted." Private re-
cause on normal living tissue, allergy or
spondent has utterly failed to discharge this
photodynamic quality of hypersensitivity
duty. [Prov. Of Tarlac v. Alcantara, GR
which becomes evident on reapplication of
65230. Dec. 23, 1992].
the same substance, to be designated as
Strike. Labor. 1. Any stoppage of work by the such by the implementing agency. Before
concerted action of employees in connection designating any substance as a strong sen-
with a labor dispute arising from unresolved sitizer, the implementing agency, upon con-
economic issues in collective bargaining in sideration of the frequency of occurrence
non-vital industries, called in accordance and severity of the reaction, shall find that
with these rules and regulations. [Sec. 2, PD the substance has a significant capacity to
823]. 2. Any temporary stoppage of work by cause hypersensitivity. [Art. 4, RA 7394].
the concerted action of employees as a re-
Strong wind. A wind of 22-33 knots in any
sult of an industrial or labor dispute. [Art.
direction, as per Weather Bureau Circular.
212, LC]. 3. To withhold or to stop work by
the concerted action of employees as a re- Structural conceptualization. The act of
sult of an industrial or labor dispute. [Art. conceiving, choosing and developing the
212 (o), LC]. type, disposition, arrangement and propor-
tioning of the structural elements of an archi-
Strike area. Labor. The establishment, ware-
tectural work giving due consideration to
houses, depots, plants or offices, incl. the
safety, cost-effectiveness, functionality and
sites or premises used as run-away shops,
aesthetics. [Sec. 3, RA 9266].
of the employer struck against, as well as
the immediate vicinity actually used by pick- Structure. Synonymous with the word ‗build-
eting strikers in moving to and fro before all ing‘.
points of entrance to and exit from said es-
tablishment. [Art. 212, LC, as amended by Student publication. The issue of any printed
RA 6715]. material that is independently published by,
and which meets the needs and interests of,
Strike breaker. Labor. Any person who ob- the studentry. [Sec. 3, RA 7079].
structs, impedes, or interferes with by force
violence, coercion, threats or intimidation Study Now Pay Later Plan. See Educational
any peaceful picketing by employees during Assistance Act of 1976.
any labor controversy affecting wages, Stuffing. The loading operations of cargoes
hours or conditions of work or in the exer- inside the containers. [Sec. 1, PPA AO 08-
cise of the right of self-org. or collective bar- 79].
gaining. [Art. 212, LC, as amended by BP
227]. Sua sponte. Lat. Of one's own accord. The
right of a court to consider a legal issue of

947
its own motion, even if none of the parties tional, in a subdivision project. [Sec. 2, PD
have raised or addressed the issue in their 957].
written or oral pleadings.
Subdivision or Village. A tract or parcel of
Sub. Lat. Under. land partitioned into individual lots, with or
without improvements thereon, primarily for
Sub judice. Lat. Under judgment. 1. Before a
residential purposes. [Sec. 3, RA 9904].
court or judge for consideration. [Romero II
v. Sen. Estrada, GR 174105, Apr. 2, 2009]. Subdivision project. A tract or a parcel of
2. A matter that is still under consideration land registered under Act 496 which is parti-
by a court. tioned primarily for residential purposes into
individual lots with or without improvements
Sub judice rule. [The rule that] restricts com-
thereon, and offered to the public for sale, in
ments and disclosures pertaining to judicial
cash or in installment terms. It shall include
proceedings to avoid prejudging the issue,
all residential, commercial, industrial and
influencing the court, or obstructing the ad-
recreational areas as well as open spaces
ministration of justice. [Romero II v. Sen. Es-
and other community and public areas in the
trada, GR 174105, Apr. 2, 2009].
project. [Sec. 2, PD 957].
Sub rosa. Lat. Under the rose. The phrase is
Subic Bay Freeport (SBF). A separate cus-
used in English to denote secrecy or confi-
toms territory consisting of the City of Olon-
dentiality, similar to the Chatham House
gapo and the municipality of Subic, Prov. of
Rule. The rose as a symbol of secrecy has
Zambales, the lands occupied by the Subic
an ancient history. 2. Hidden; secret; confi-
Naval Base and its contiguous extensions
dential; private; under wraps. See Appro-
as embraced, covered and defined by the
priation sub rosa.
1947 Phil.-US Military Base Agreement as
Sub silencio. Lat. Under silence. Something amended and within the territorial jurisdic-
that is implied but not expressly stated. Also tion of Morong and Hermosa, Prov. of Ba-
spelled Sub silentio. taan, the metes and bounds of which shall
be delineated in a proclamation to be issued
Sub silentio. Lat. Without notice being taken. by the Pres. of the Phils. [Sec. 3, RA 7227].
If a case is decided against precedent, the
newer case is said to have over-ruled the Subic Bay Metropolitan Authority (SBMA).
previous decision sub silentio. A body corporate created by law as an op-
erating and implementing arm of the Bases
Subcontracting. Labor. Employing a business Conversion Development Authority. [Sec. 13
or person outside one's company to do work of RA 7227].
as part of a larger project. See Job con-
tracting. Subject index in an appellant’s/appellee’s
brief. Purpose. [It] obviates the court to
Subdivision. A tract of land which has been thumb through a possibly lengthy brief page
divided into smaller pieces called lots, usu. after page to locate whatever else needs to
for the purpose of constructing residences be found and considered, such as argu-
which will be sold individually.
ments and citations. [De Liano v. CA, GR
Subdivision and Condominium Buyers' 142316. Nov. 22, 2001].
Protective Decree. PD 957 entitled ―Regu- Subject matter of an action. 1. The matter or
lating the sale of subdivision lots and con- thing from which the dispute has arisen, and
dominiums, providing penalties for violations ordinarily, it is the property or the contract or
thereof‖ signed into law on July 12, 1976.
any other thing subject of the controversy.
Subdivision lot. Any of the lots, whether resi- [Filipinas Investment and Finance Corp. v.
dential, commercial, industrial, or recrea- IAC, GR 66059-60. Dec. 4, 1989]. 2. The
physical facts, the things real or personal,

948
the money, lands, chattels, and the like, in disappears; there only remains in the juridi-
relation to which the suit is prosecuted, and cal relation 2 persons, the lessor and the
not the delict or wrong committed by the de- assignee who is converted into a lessee. 2.
fendant. [Mathay v. Consolidated Bank, GR A contract in which the personality of the
L-23136. Aug. 26, 1974]. lessee does not disappear; he does not
transmit absolutely his rights and obligations
Subject of insurance. All proper-ties or risks
to the sub-lessee; and the sub-lessee gen-
insured by the same insurer that customarily
erally does not have any direct action
are considered by non-life company under-
against the owner of the premises as lessor,
writers to be subject to loss or damage from
to require the compliance of the obligations
the same occurrence of any hazard insured
contracted with the plaintiff as lessee, or
against. [Sec. 215, IC].
vice versa. [Marimperio v. CA, GR L-40234.
Subject to tax. Also Liable for tax. The term Dec. 14, 1987]. 3. A grant by a tenant of an
connotes legal obligation or duty to pay a interest in the demised premises less than
tax. [CIR v. Procter & Gamble Phil. Mfg. his own, retaining to himself a reversion.
Corp., GR 66838. Dec. 2, 1991]. [Mallarte v. CA, GR 85108. Oct. 4, 1989].
Subjective. Based on or influenced by per- Sublessee. The person who leases or rents
sonal feelings, tastes, or opinions. (out) a residential unit from a sublessor.
[Sec. 2, BP 877; Sec.4, RA 9161; Sec. 3,
Subjective intent. The actual intent and un- RA 9653].
derstanding of a party at the time of the
making of an agreement. Sublessor. The person who leases or rents
out a residential unit (previously) leased to
Subjective novation. Also Personal nova-
him by an owner. [Sec. 2, BP 877; RA 9161;
tion. Novation by the change of either the Sec. 3, RA 9653].
person of the debtor or of the creditor.
[Cochingyan, Jr. v. R & B Surety and Insur- Sublet. To make a sublease, accompanied by
ance Co., GR L-47369. June 30, 1987]. a surrender of the possession and control of
Compare with Objective novation. the premises, or at least a part thereof. [Mal-
larte v. CA, GR 85108. Oct. 4, 1989].
Subjective phase of felony. That portion of
the execution of the crime starting from the Submission. An agreement to accept the
point where the offender begins up to that jurisdiction of a foreign court. Submission
point where he still has control of his acts. can also be agreeing to a valid foreign juris-
[Gregorio, Fund. of Crim. Law Rev., 1997 9th diction clause in a contract. Appearance in a
Ed., p. 34]. See Objective phase of felony. suit solely to contest jurisdiction is not sub-
mission.
Subjugation. Intl. Law. A derivative mode of
acquisition by which the territory of one state Submitting entity. Any entity that provides
is conquered in the course of war and is credit facilities such as, but not limited to,
thereafter annexed to and placed under the banks, quasi-banks, trust entities, invest-
sovereignty of the conquering state. An ex- ment houses, financing companies, coops.,
ample is the annexation of Abyssinia [now nongovernmental, micro-financing orgs.,
Ethiopia] by Italy in 1935. [Cruz, Intl. Law credit card companies, insurance compa-
Reviewer, 1996 Ed., pp. 70-71]. nies and govt. lending institutions. [Sec. 3,
RA 9510].
Sublease. 1. A contract where there are 2
leases and 2 distinct judicial relations alt- Subordinate. A person under the authority or
hough intimately connected and related to control of another within an org.
each other, which unlike in a case of as-
Subordination. Being subject to the orders or
signment of lease, where the lessee trans-
direction of another; of lower rank.
mits absolutely his right, and his personality

949
Subornation. The act of inducing a person to Subrogation. Civ. Law. 1. The transfer of all
commit an unlawful or evil act. the rights of the creditor to a 3rd person,
who substitutes him in all his rights. It may
Subornation of perjury. The offense of pro-
either be legal or conventional. [Chemphil v.
curing another to take such a false oath as
CA, GR 112438-39. Dec. 12, 1995]. 2. Ins.
would constitute perjury in the principal. It no
The transfer of rights and remedies of the
longer exists in the Rev. Penal Code but the
insured to the insurer who has indemnified
act is punished as plain perjury under Art.
the insured in respect of the loss. [Tiopian-
183 in relation to Art. 17. The inducer be-
co, Commentaries & Jurisp. on the Ins.
comes a principal by inducement and the
one induced, a principal by direct participa-
tion. [People v. Pudol, GR 45618. Oct. 18, Subrogation doctrine. The principle [that]
1938]. covers a situation wherein an insurer [who]
has paid a loss under an insurance policy is
Suborner. Instigator. [US v. Laserna, GR
entitled to all the rights and remedies be-
6668. Jan. 10, 1912].
longing to the insured against a 3rd party
Subpoena. 1. A process directed to a person with respect to any loss covered by the poli-
requiring him to attend and to testify at the cy. It contemplates full substitution such that
hearing or the trial of an action or at any in- it places the party subrogated in the shoes
vestigation conducted by competent authori- of the creditor, and he may use all means
ty, or for the taking of his deposition, or to that the creditor could employ to enforce
bring with him any books, documents, or payment. [Keppel Cebu Shipyard, Inc. v. Pi-
other things under his control. [Rule 21, oneer Ins. and Surety Corp., GR 180880-81
RoC]. 2. A coercive process issued by the & 180896-97, Sep. 25, 2009].
court or judge, stating the name of the court
Subrogation principle. Ins. A process of legal
and the title of the action or investigation, di-
substitution where the insurer steps into the
rected to a person and requiring him to at-
shoes of the insured and avails of the lat-
tend the hearing on the trial of an action, at
ter‘s rights against the wrongdoer at the time
a stated date, time and place. [Fil. Mer-
of the loss.
chants Ins. Co. v. Medina, 78 OG 3136].
Subrogatory action. See Acción subrogato-
Subpoena ad testificandum. Lat. A writ sent
ria.
to a witness "just bring yourself, no docu-
ments." 1. A process directed to a person Subscribe. To write underneath, as one‘s
requiring him to attend and to testify at the name; to sign at the end of a document
hearing or the trial of an action or at any in- [Gamido v. Natl. Bilibid Prisons, GR 114829.
vestigation conducted by competent authori- Mar. 1, 1995, 5th Ed., 1279].
ty, or for the taking of his deposition. [Rule
Subscribed capital stock. Corp. Law. The
21, RoC]. 2. A process to compel the at-
amount of the capital stock subscribed,
tendance of a person in court so that he
whether fully paid or not. It connotes an orig.
may give testimony therein.
subscription by a subscriber of unissued
Subpoena duces tecum. Lat. A writ sent to a shares in a corporation and would, there-
witness "turn up and bring your documents fore, preclude the acquisition of shares by
with you." 1. A process directed to a person reason of subsequent transfer from a stock-
requiring him to bring with him any books, holder or resale of treasury shares. [De Le-
documents, or other things under his con- on, Corp. Code of the Phil. Annotated, 1989
trol. [Rule 21, RoC]. 2. A court order com- Ed., p. 53].
manding a witness to bring certain docu-
Subscriber. A person who agrees to take and
ments or records to court.
pay for the orig., unissued shares of a corp.
formed or to be formed.

950
Subscriber’s information. Any information revoked after filing the AOI with the SEC;
contained in the form of computer data or [Sec. 61, Corp. Code]; and (b) Post-incorp.
any other form that is held by a service pro- subscription – one entered into after the in-
vider, relating to subscribers of its services corp.
other than traffic or content data and by
Subsequent negligence doctrine. A principle
which identity can be established: (1) The
of tort law that allows a plaintiff who commit-
type of communication service used, the
ted contributory acts of negligence to recov-
technical provisions taken thereto and the
er damages against a defendant who had
period of service; (2) The subscriber‘s identi-
the last opportunity in time to avoid the
ty, postal or geographic address, telephone
damage. See Last clear chance doctrine.
and other access numbers, any assigned
network address, billing and payment infor- Subsequent punishment. Any form of pun-
mation, available on the basis of the service ishment to which the author of any utterance
agreement or arrangement; and (3) Any or publication is subjected after making the
other available information on the site of the same.
installation of communication equipment,
available on the basis of the service agree- Subsequent test. One of the twin characteri-
zation tests which considers that a foreign
ment or arrangement. [Sec. 3, RA 10175].
corp. is doing business in the country if it is
Subscribers. Persons who have agreed to continuing the body or substance of the en-
take and pay for original, unissued shares of terprise of business for which it was orga-
a corp. formed or to be formed. [De Leon, nized. [Phil. Corporate Law, Villanueva,
Corp. Code of the Phil. Annotated, 1989 2001 ed.]. Compare with Continuity test.
Ed., p. 47].
Subserve. To help to further or promote.
Subscription. Corp. Law. Any contract for the
acquisition of unissued stock in an existing Subservient. From Lat. subservire: to serve
under. Subordinate in capacity or function.
corp. or a corp. still to be formed, notwith-
standing the fact that the parties refer to it Subsidiaries. GOCCs without orig. charters.
as a purchase or some other contract. [Sec. [Poquiz, Labor Rel. Law, 1999 Ed. p. 26].
60, Corp. Code]. Also known as Corporate offsprings.
Subscription. Succ. The signing of the wit- Subsidiary. 1. A corp. where at least a majori-
nesses' names upon the same paper for the ty of the outstanding capital stock is owned
purpose of identification of such paper as or controlled, directly or indirectly, through
the will which was executed by the testator one or more intermediaries, by the GOCC.
[In Re: Taboada v. Rosal, GR L-36033. Nov. [Sec. 3, RA 10149]. 2. A corp. more than
5, 1982]. 50% of the voting stock of which is owned or
Subscription contract. Corp. Law. A contract controlled directly or indirectly through one
for the acquisition of unissued stock in an or more intermediaries by another corp.,
existing corp. or a corp. still to be formed. It which thereby becomes its parent corp.
[Sec. 4, RA 10142]. 3. A corp. more than
is considered as such notwithstanding the
fact that the parties refer to it as purchase or 50% of the voting stock of which is owned
some other contract. [Sec. 60, Corp. Code]. by a bank or quasi-bank. [Sec. 3, RA 9474].
Subscription contracts. Kinds: (a) Pre- Subsidiary cooperative. 3 or more primary

incorp. subscription – one entered into be- coops., doing the same line of business, or-
ganized at the municipal, provincial, city,
fore the incorp. and irrevocable for a period
of 6 months from the date of subscription special metropolitan political subdivision, or
unless all other subscribers consent or if the economic zones created by law, registered
with the CDA to undertake business activi-
corp. fails to materialize. It cannot also be

951
ties in support of its member-coops. [Sec. 1, Subsistence fisherman. One whose catch
RA 9520]. yields but the irreducible minimum for his
livelihood. [Tano v. Socrates, GR 110249.
Subsidiary corporation. A corp. in which
Aug. 21, 1997, p. 2279 (1993)]. Compare
control, in the form of ownership of majority
with Marginal fisherman.
shares, is in another corp., called the parent
corp. [Sec. 3, RA 9483]. Subsisting and altering trademark, trade-
names, or service marks. Crim. Law. The
Subsidiary corporations. Affiliated or sec-
felony committed by: 1. any person who
ondary corps. which are created and admin-
shall substitute the trade name or trade-
istered by a principal or parent agency for
mark of some other manufacturer or dealer
the purpose of helping achieve the objec-
or a colorable imitation thereof, for the
tives of the latter. [Sec. 3, EO 518]. Com-
trademark of the real manufacturer or dealer
pare with Parent or holding corporation.
upon any article of commerce and shall sell
Subsidiary imprisonment. A penalty imposed the same; 2. any person who shall sell such
upon the accused and served by him in lieu articles of commerce or offer the same for
of the fine which he fails to pay on account sale, knowing that the trade-name or trade-
of insolvency. [People v. Fajardo, GR L- mark has been fraudulently used in such
43466, May 25, 1938]. goods; 3. any person who, in the sale or ad-
vertising of his services, shall use or substi-
Subsidiary liability. Also Secondary liability. tute the service mark of some other person,
A personal liability which attaches when the or a colorable imitation of such mark; or 4.
remedy against one primarily liable has any person who, knowing the purpose for
been exhausted, and which may be satisfied
which the trade-name, trade-mark, or ser-
from all assets of one secondarily liable [En- vice mark of a person is to be used, prints,
jay v. NLRC, GR 110240. July 4, 1995]. lithographs, or in any way reproduces such
Subsidiary personal liability. Crim. Law. The trade-name, trade-mark, or service mark, or
liability which a convict is subject to if he has a colorable imitation thereof, for another
no property with which to meet the fine men- person, to enable that other person to
tioned in par. (c) of Art. 38 of the RPC, at fraudulently use such trade-name, trade-
the rate of 1 day for each P8. [Art. 39. RPC]. mark, or service mark on his own goods or
in connection with the sale or advertising of
Subsidy. 1. The amounts granted to GOCCs his services. [Art. 188, RPC].
from the General Fund, to cover operational
expenses that are not supported by corpo- Substandard. Below the usual or required
rate revenues or to cover corporate deficits standard.
and losses. [Sec. 3, EO 518]. 2. A pecuniary Substandard product. A product which fails
aid directly granted by the govt. to an indi- to comply with an applicable consumer
vidual or private commercial enterprise product safety rule which creates a substan-
deemed beneficial to the public. [De Leon, tial risk of injury to the public. [Art. 4, RA
Fundamentals of Taxation, 2000 Ed., p. 20].
7394].
3. A grant or financial aid, usu. by a govt.
body, to some other persons or institution Substantial. Of considerable importance, size,
for general purposes. When applied to or worth.
GOCCs, it may also refer to amounts used
Substantial amendment. Civ. Pro. An
to cover operational expenses not supported
amendment consisting of the recital of facts
by corporate revenues or to cover corporate
constituting the offense charged and deter-
deficits and losses.
minative of the jurisdiction of the court. All
Subsistence. The action or fact of maintaining other matters are merely of form. [Tee-
or supporting oneself at a minimum level.

952
hankee v. Madayag, GR 103102. Mar. 6, who may be affected by the change should
1992]. Compare with Formal amendment. be notified or represented. Compare with
Clerical errors.
Substantial basis. Such facts and circum-
stances brought out by the questions of the Substantial evidence. [It] is more than mere
examining judge as would lead a reasonably scintilla. It means such relevant evidence as
discreet and prudent man to believe that an a reasonable mind might accept as ade-
offense has been committed, and the ob- quate to support a conclusion. [Ang Tibay v.
jects in connection with the offense sought CIR, GR 46496. Feb. 27, 1940].
to be seized are in the place sought to be
Substantial mutual interests rule. One of the
searched. [People v. Tee, GR 140546-47.
fundamental factors in determining the ap-
Jan. 20, 2003].
propriate collective bargaining unit, that is,
Substantial capital or investment. Capital the affinity and unity of the employees' in-
stocks and subscribed capitalization in the terest, such as substantial similarity of work
case of corps., tools, equipment, imple- and duties, or similarity of compensation
ments, machineries and work premises, ac- and working conditions. [San Miguel Corp.
tually and directly used by the contractor or v. Laguesma, GR 100485. Sep. 21, 1994].
subcontractor in the performance or comple-
Substantial reproduction. It is not necessari-
tion of the job work or service contracted
ly required that the entire copyrighted work,
out. [San Miguel Corp. v. Semillan, GR
or even a large portion of it, be copied. If so
164257, July 5, 2010].
much is taken that the value of the orig.
Substantial cause. A cause which is im- work is substantially diminished, there is an
portant but not less than any other cause. infringement of copyright and to an injurious
[Sec. 4, RA 8800]. extent, the work is appropriated. It is no de-
fense that the pirate did not know whether
Substantial compliance rule. 1. Compliance
or not he was infringing any copyright; he at
with the essential requirements, whether of
least knew that what he was copying was
a contract or of a statute. 2. [The] rule [ap-
not his, and he copied at his peril. In cases
plied] in criminal cases to comply with the
of infringement, copying alone is not what is
constitutional requirement that the accused
prohibited. The copying must produce an
be informed of the charge against him/her
―injurious effect‖. [Habana v. Robles, GR
as embodied in the Information filed with the
131522, July 19, 1999].
court. [Olivarez v. CA, GR 163866, July 29,
2005]. 3. The rule [applied] both primarily in Substantial stockholder. Any person who
compliance with the essential statutory re- owns, directly or indirectly, shares of stock
quirements and in liberally construing and sufficient to elect a director of a corp. [Sec.
applying remedial laws for just and compel- 1, Rule IX, RA 6713].
ling reasons in order to promote the orderly
Substantive. Having a firm basis in reality and
administration of justice. [Kasapian ng Ma-
therefore important, meaningful, or consid-
layang Manggagawa sa Coca-Cola-CFW
erable.
Local 245 v. CA, GR 159828, Apr. 19,
2006]. Substantive criminal law. Law with the pur-
pose of prevention of harm to society which
Substantial errors. Errors involving substan-
prescribed punishment for specific offenses.
tial and controversial matters such as those
The basic law of rights and duties as op-
which affect the civil status or the nationality
posed to "remedial law" which provides
or citizenship of persons which cannot be
methods of enforcement.
corrected under said summary proceedings,
but should be threshed out in an appropriate Substantive due process. A guarantee that
action wherein the State as well as persons life, liberty and property shall not be taken

953
away from anyone without due process of Substation. Any building, room or separate
law. [Suarez, Pol. Law Reviewer, 1st Ed., place which houses or encloses electric
2002, p. 96]. Compare with Procedural due supply equipment connected to transmission
process. or distribution lines and the interior of which
is accessible, as a rule, only to properly
Substantive due process. Requirements: (a)
qualified persons. [Sec. 2, RA 7920].
There must be a valid law upon which it is
based; (b) the law must have been passed Substitute. To put in the place of, change for,
and approved to accomplish a valid gov- make way for, take the place of another.
ernmental objective; (c) the objective must [Intl. Oil Factory v. Dir. of Health, GR L-
be pursued in a lawful manner; and (d) the 13438. May 31, 1961].
law as well as the means to accomplish the
Substitute and special parental authority. In
objective must be valid and not oppressive.
default of parents or a judicially appointed
guardian, the following person shall exercise
p. 96].
substitute parental authority over the child in
Substantive due process doctrine. The doc- the order indicated: (a) The surviving grand-
trine under which a law may be voided when parent, as provided in Art. 214, FC; (b) the
it does not relate to a legitimate end and oldest brother or sister, over 21 years of
when it unreasonably infringes on contrac- age, unless unfit or disqualified; and (c) the
tual and property rights. The doctrine as child's actual custodian, over 21 years of
enunciated in Allgeyer v. Louisiana, 165 age, unless unfit or disqualified. [Art. 216,
U.S. 578 [1897] can be easily stated thus: FC].
the govt. has to employ means [legislation]
Substituted limited partner. A person admit-
which bear some reasonable relation to a
ted to all the rights of a limited partner who
legitimate end. [Nowak, Rotunda and
has died or has assigned his interest in a
Young, Constl. Law 436, 443 (2d Ed.)].
partnership. [Art. 1859, CC]. Compare with
Substantive equality. The full and equal en- Assignee.
joyment of rights and freedoms contemplat-
Substituted service. To be justified, the fol-
ed under RA 9710. It encompasses de jure
lowing circumstances must be clearly estab-
and de facto equality and also equality in
lished: (a) Personal service of summons
outcomes. [Sec. 4, RA 9710].
within a reasonable time was impossible; (b)
Substantive law. That part of the law which efforts were exerted to locate the party; and
creates, defines and regulates rights, or (c) the summons was served upon a person
which regulates the rights and duties which of sufficient age and discretion residing at
give rise to a cause of action; that part of the the party‘s residence or upon a competent
law which courts are established to adminis- person in charge of the party‘s office or
ter. [Bustos v. Lucero, GR L-2068 Oct. 20, place of business. [Robinson v. Miralles, GR
1948]. Compare with Remedial or Adjec- 163584, Dec. 12, 2006].
tive law.
Substituted service of pleadings and other
Substantive private law. Those rules which papers. The service of pleadings, motions,
declare legal relations of litigants when the notices, resolutions, orders and other pa-
courts have been properly moved to action pers made by delivering the copy to the
upon facts duly presented to them. [Suarez, clerk of court, with proof of failure of both
Stat. Con., (1993), pp. 38-39]. Compare with personal service and service by mail, if ser-
Procedural or adjective private law. vice cannot be made under the 2 latter
modes to the office and place of residence
Substantive statutes. Laws which establish
of the party or his counsel being unknown.
rights and duties. [Bustos v. Lucero, GR L-
2068 Oct. 20, 1948].

954
The service is complete at the time of such to be substituted in the manner required by
delivery. [Sec. 8, Rule 13, RoC]. the Rules [of Court]. [Sec. 26, Rule 138,
RoC].
Substituted service of summons. Service of
summons effected (a) by leaving copies of Substitution of heirs. Succ. 1. The appoint-
the summons at the defendant's residence ment of another heir so that he may enter in-
with some person of suitable age and dis- to the inheritance in default of the heir origi-
cretion then residing therein, or (b) by leav- nally instituted. [Art. 857, CC]. 2. Substitu-
ing the copies at defendant's office or regu- tion of heirs may be: (a) Simple or common;
lar place of business with some competent (b) brief or compendious; (c) reciprocal; or
person in charge thereof, in case where, for (d) fideicommissary. [Art. 858, CC].
justifiable causes, the defendant cannot be
Substitutionary doctrine. Labor. It provides
served within a reasonable time as provided
that the employees cannot revoke the validly
in Sec. 6 of the Rules of Court. [Sec. 7,
executed collective bargaining contract with
RoC].
their employer by the simple expedient of
Substitution. Succ. The appointment of an- changing their bargaining agent. The new
other heir so that he may enter into the in- agent must respect the contract. The em-
heritance in default of the heir originally in- ployees, thru their new bargaining agent,
stituted. [Ramirez v. Vda. de Ramirez, GR cannot renege on the collective bargaining
L-27952. Feb. 15, 1982]. contract, except to negotiate with manage-
ment for the shortening thereof. [Benguet
Substitution. Succ. Kinds: Simple or common,
Consolidated, Inc. v. BCI Employees &
brief or compendious, reciprocal, and fidei-
Workers Union-PAFLU, GR L-24711. Apr.
commissary [Art. 858, CC]. Acc. to Tolenti-
30, 1968].
no, Although the Code enumerates 4 clas-
ses, there are really 2 principal classes of Substitutionary evidence. A term used to
substitutions: the simple and the fideicom- describe alternative methods of proving the
missary. The others are merely variations of existence of a lost item, such as a dece-
these 2. [Tolentino, III Civ. Code, p. 185 dent's will. See Secondary evidence.
(1973)]. The simple or vulgar is that provid-
Subtenant. A person who rents all or a portion
ed in Art. 859 of the Civ. Code while the
of leased premises from the lessee for a
fideicommissary substitution is described in
term less than the orig. one, leaving a rever-
Art. 863 of the same Code. [Ramirez v. Vda.
sionary interest in the 1st lessee. [Mallarte v.
de Ramirez, GR L-27952. Feb. 15, 1982].
CA, GR 85108. Oct. 4, 1989].
Substitution doctrine. Civ. Law. Also called
Subterranean. Existing, occurring, or done
the Doctrine of substitution. It is an arm of
under the earth's surface.
equity that may guide or even force one to
pay a debt for which an obligation was in- Subtransmission assets. The facilities relat-
curred but which was in whole or in part paid ed to the power delivery service below the
by another. [Fireman's Fund Ins. Co. v. Ja- transmission voltages and defined as facili-
mila & Co., GR 27427. Apr. 7, 1976]. ties based on the functional assignment of
assets incl., but not limited to, step-down
Substitution of counsel. Rem. Law. Re-
transformers solely used by load customers,
quirements to be valid: (a) The filing of a
associated switchyard or substation, control
written application for substitution; (b) the
and protective equipment, reactive compen-
client‘s written consent; (c) the consent of
sation equipment to improve customer pow-
the substituted lawyer if such consent can
er factor, overhead lines, and the land
be obtained; and, in case such written con-
where such facilities or equipment are locat-
sent cannot be procured, (d) a proof of ser-
ed, where applicable. [Sec. 4, RA 9136].
vice of notice of such motion on the attorney

955
Suburban Utility Vehicle (SUV). See Sports Successor. A person who takes over the
Utility Vehicle. rights of another.
Suburbs. A region or place adjacent to a city; Successor-in-interest. One to whom the
a town or village so near it that it may be debtor has transferred his statutory right of
used for residence by those who do busi- redemption; one to whom the debtor has
ness in the city. [Meralco. v. Public Service conveyed his interest in the property for the
Comm., GR L-21435. Feb. 28, 1966]. purpose of redemption; or one who suc-
ceeds to the interest of the debtor by opera-
Subversion. 1. Mere membership in a subver-
tion of law; or one or more joint debtors who
sive assoc. is sufficient and the taking up of
were joint owners of the property sold; or the
arms by a member of a subversive org.
wife as regards her husband's homestead
against the Govt. is but a circumstance
by reason of the fact that some portion of
which raises the penalty to be imposed upon
her husband's title passes to her. [Magno v.
the offender. [People v. Asuncion, GR
Viola, GR 37521. Dec. 22, 1934].
83837-42. Apr. 22, 1992]. 2. Subversion,
like treason, is a crime against natl. security. SUCs. State Universities and Colleges.
[Buscayno v. Military Commissions, GR
Sudden emergency rule. Civ. Law. [The rule
58284, Nov. 19, 1981].
that] one who suddenly finds himself in a
Succeed. To come next in time or succession; place of danger, and is required to act with-
follow after another; replace another in an out time to consider the best means that
office or a position. may be adopted to avoid the impending
danger, is not guilty of negligence if he fails
Succession. 1. A mode of acquisition by virtue
to adopt what subsequently and upon reflec-
of which the property, rights and obligations
tion may appear to have been a better
to the extent of the value of the inheritance,
method unless the emergency in which he
of a person are transmitted through his
finds himself is brought about by his own
death to another or others either by his will
negligence. [Gan v. CA, GR L-44264, Sep.
or by operation of law. [Art. 774, CC]. 2.
19, 1988]. Also called Emergency rule.
Succession may be: (a) testamentary; (b)
legal or intestate; or (c) mixed. Sudden peril. A doctrine that provides that an
automobile driver who, by the negligence of
Successional rights; when transmitted. The
another, is suddenly placed in an emergen-
rights to the succession are transmitted from
cy and compelled to act instantly to avoid
the moment of the death of the decedent.
collision or injury is not guilty of negligence if
[Art. 777, CC].
he makes a choice as a person of ordinary
Successive. Following in uninterrupted order; prudence placed in such a position might
consecutive. take, even though he did not make the wis-
est choice and one that would have been
Successive indorsement. Nego. Inst. In- required in the exercise of ordinary care but
dorsement to 2 persons in succession. Any for the emergency.
of them can indorse to effect the negotiation
of the instrument. Sue. To institute legal proceedings against a
person or institution, typically for redress.
Successive service of sentence rule. When
the culprit has to serve 2 or more penalties, Sue and labor clause. A special clause in
he shall serve them simultaneously if the na- mar. ins. contracts under which the insurer
ture of the penalties will so permit; other- may become liable to pay the insured in ad-
wise, in the imposition of the penalties, the dition to the loss actually suffered, such ex-
order of their respective severity shall be fol- penses as he may have incurred in his ef-
lowed so that they may be executed suc- forts to protect the property against a peril
cessively. [From Art. 70, RPC].

956
for which the insurer would have been lia- Sufficient provocation. Provocation that is
ble. [Sec. 163, IC]. adequate to excite the person to commit the
wrong and must accordingly be proportion-
Suffer. 1. To endure or bear; 2. To permit or
ate to its gravity and must also immediately
allow.
precede the act to constitute a mitigating
Sufferance. Toleration; negative permission circumstance. [People v. Tan Cui, GR L-
by not forbidding; passive consent; license 22697. Oct. 5, 1976].
implied from the omission or neglect to en-
Sufficient provocation. Requisites: (a) Prov-
force an adverse right.
ocation must be sufficient; (b) it must be
Sufficiency of evidence. The adequacy of immediate to the commission of the crime;
evidence. Such evidence of a character, and (c) it must originate from the offended
weight, or amount as will legally justify the party. [Gregorio, Fund. of Crim. Law Rev.,
judicial action demanded or prayed for by 1997 9th Ed., p. 91].
the parties. It refers to the question as to
Sufficient standard test. The test to deter-
whether the evidence amounts to or meets
mine whether or not there is a valid delega-
the required quantum needed to arrive at a
tion of legislative power under which there
decision in a civil, criminal, or admin. case,
must be adequate guidelines or limitations in
or to prove matters of defense or mitigation
the law to map out the boundaries of the
or to overcome a prima facie case or pre-
delegate's authority and prevent the delega-
sumption.
tion from running riot. [Eastern Shipping
Sufficiency of facts test. The test of suffi- Lines, Inc. v. POEA, GR L-76633. Oct. 18,
ciency of the facts found in a complaint as 1988]. Compare with Completeness test.
constituting a cause of action is whether or
Suffocation. A layman's term for asphyxia,
not admitting the facts alleged the court can
which is the result of any impairment of the
render a valid judgment upon the same in
process of respiration which may be due to
accordance with the prayer thereof The hy-
any cause which prevents the ingress of air
pothetical admission extends to the relevant
in the respiratory passages, as in cases of
and material facts well pleaded in the com-
hanging, strangulation, throttling, drowning,
plaint and inferences fairly deducible there-
choking, smothering and pressure on the
from. Hence, if the allegations in the com-
chest.
plaint furnish sufficient basis by which the
complaint can be maintained, the same Suffrage. The right to vote in an election. It is
should not be dismissed regardless of the the expression of the sovereign will of the
defense that may be assessed by the de- people. [Suarez, Pol. Law Reviewer, 1st Ed.,
fendants. [Navoa v. CA, GR 59255 Dec. 29, 2002, p. 271]. See also Right of suffrage.
1995].
Sugar Act of 1952. RA 809 entitled ―An Act to
Sufficient lapse of time. A period of time long regulate the relations among persons en-
enough to justify that the crime was commit- gaged in the sugar industry‖ enacted on
ted with deliberate premeditation (premedi- June 22, 1952.
tacion conocida,) bec., in a judicial sense, it
Sugar quota. A certain number of sugar pic-
afforded full opportunity for meditation and
uls, assigned to a sugar planter which he is
reflection, and was amply sufficient to allow
required to mill for every crop year in a des-
his conscience to overcome the resolution of
ignated milling district.
his will (vencer las determinaciones de la
voluntad) had he desired to hearken to its Sugar Regulatory Administration (SRA).
warnings. [US v. Gil, GR 4704. Apr. 26, The agency created by virtue of EO 18
1909]. which was signed into law on May 28, 1986

957
to, among others, promote the growth and Suicide. A positive act of ending one‘s (own)
development of the sugar industry. life. [Sun Insurance Office, Ltd. v. CA, GR
92383. July 17, 1992]. Compare with Willful
Suggested net retail price. The net retail
exposure to needless peril.
price at which locally manufactured or im-
ported distilled spirits are intended by the Suicide attempts. Legal Med. Actions that are
manufacturer or importer to be sold on retail intended to be fatal but don‘t succeed.
in major supermarkets or retail outlets in [Olarte, Legal Med., 1st Ed. (2004), p. 139].
Metro Manila for those marketed nationwide,
Suicide gestures. Legal Med. Suicide plans
and in other regions, for those with regional
and actions that appear unlikely to be fatal.
markets. At the end of 3 months from the
product launch, the BIR shall validate the
suggested net retail price of the new brand Suit. The prosecution or pursuit of some claim
against the net retail price as defined herein or demand in court. [Albano, Rem. Law Re-
and initially determine the correct tax on a viewer, 1st Ed., p. 70].
newly introduced distilled spirits. After the
end of 9 months from such validation, , the Suitable employment. Remunerative occupa-
BIR shall revalidate the initially validated net tion giving the rehabilitee earning at least
equal to the statutory minimum wage. [Sec.
retail price against the net retail price as of
the time of revalidation in order to finally de- 1, Rule 9, Rules on Employees Compensa-
termine the correct tax on a newly intro- tion].
duced distilled spirits. [Sec. 141, NIRC, as Suitable for economic family-size farm.
amended]. Situations where a parcel of land whose
characteristics, such as climate, soil, topog-
Suggested retail price (SRP). The price
which the manufacturer recommends that raphy, availability of water and location will
the retailer sell the product for the purpose support a farm family if operated in econom-
ic family-size farm units and does not in-
of standardizing prices among locations.
clude those where large-scale operations
Suggestio falsi est suppressio veri. Lat. The will result in greater production and more ef-
suggestion of what is false is equivalent to ficient use of land. [Sec. 166, RA 3844].
the suppression of the truth. [Firestone Fili-
pinas Employees Assoc. v. Firestone Tire Suitable substitute. That kind of article which
would serve substantially the same purpose
and Rubber Co. of the Phils., GR L-37952,
Dec. 10, 1974]. or produce substantially the same results as
the brand, type, or make of article originally
Sui generis. Lat. Of its own kind or class; i.e., desired or requisitioned. [Sec. 357, LGC].
the only one of its kind; peculiar.
Suits against state. Suits with relation to mat-
Sui juris. Lat. Of one‘s own right. A person ters in which the State agencies have as-
who possesses full civil rights and is not un- sumed to act in a private or nongovernmen-
der any legal incapacity such as being bank- tal capacity, and various suits against the
rupt, of minor age or mental incapacity. Most State. [PNR v. IAC, GR 70547. Jan. 22,
adults are sui juris. 1993].
Suicidal behavior. Legal Med. The final act in Sultada. Tag. Match of the roosters. [Jamago
a course of self-destruction. [Olarte, Legal v. Arrieta, GR L-20876. July 30, 1965].
Med., 1st Ed. (2004), p. 138].
Summary. Dispensing with needless details or
Suicidal impulse. Legal Med. A strong desire formalities; brief.
to kill oneself, usu. in acute depression.
[Olarte, Legal Med., 1st Ed. (2004), p. 151]. Summary distribution. A procedure by which,
in a summary manner, the estate of a de-

958
ceased person is valued, his debts are paid, without such service is null and void. [Olar v.
his will, if any is allowed, the heirs and lega- Cuna, GR L-47935. May 5, 1979]. 2. Instru-
tees are declared, and distribution is made, ment used to commence a civil action or
all in a single hearing and a single order, so special proceeding; the means of acquiring
far as this is practicable, without the ap- jurisdiction over a party.
pointment of any administrator or executor.
Sumpak. Tag. Home-made shotgun. [People
Summary hearing. Rem. Law. Such brief and v. Valencia, GR 94511-13. Sep. 18, 1992].
speedy method of receiving and considering
Sundang. Tag. A sharp-pointed bolo. [People
the evidence of guilt as is practicable and
v. Macapanas, GR 187049, May 4, 2010].
consistent with the purpose of the hearing
which is merely to determine the weight of Sungo. Tag. Corn germ proper or embryo. [Go
the evidence for purposes of bail. [Siazon v. Ka Toc Sons and Co. v. Rice and Corn
Presiding Judge of Davao City, GR L- Board, GR L-23607, May 23, 1967].].
34156-58. Oct. 29, 1971].
Superior. (a) A military commander or a
Summary judgment. Civ. Pro. 1. A device for person effectively acting as a military
weeding out sham claims or defenses at an commander; or (b) any other superior, in as
early stage of the litigation, thereby avoiding much as the crimes arose from activities
the expense and loss of time involved in a within the effective authority and control of
trial. The very object is to separate what is that superior. [Sec. 3, RA 9851].
formal or pretended in denial or averment
from what is genuine and substantial, so Superlight. Also called Magic light. A type of
that only the latter may subject a suitor to light using halogen or metal halide bulb
which may be located above the sea surface
the burden of a trial. [Excelsa Industries v.
CA, GR 105455. Aug. 23, 1995]. 2. A pro- or submerged in the water. It consists of a
cedural technique that is proper only when ballast, regulator, electric cable and socket.
The source of energy comes from a genera-
there is no genuine issue as to the existence
of a material fact and the moving party is en- tor, battery or dynamo coupled with the main
titled to a judgment as a matter of law. engine. [Sec. 4, RA 8550].
[Based on Sec. 3, Rule 35, RoC]. See Ac- Supermarket. A place designated by munici-
celerated judgment. pal authorities of a city or of an incorporated
town for the sale of grocery goods, food
Summary judgment. Civ. Pro. Requisites: (a)
There must be no genuine issue as to any stuffs, dry goods, liquor, and other com-
material fact, except for the amount of dam- modities such as meat, fresh fruits, poultry
products, milk and vegetables necessary or
ages; and (b) the party presenting the mo-
tion for summary judgment must be entitled convenient for the subsistence of the com-
to a judgment as a matter of law. [Solidbank munity that are refrigerated. [Kamuning
Corp. v. CA, GR 120010, Oct. 3, 2002]. Theater, Inc. v. Quezon City, GR L-19136.
Feb. 28, 1963].
Summary judgment procedure. Civ. Pro. A
Supersedeas. Lat. You shall desist. A sus-
method for promptly disposing of actions in
which there is no genuine issue as to any pension of the power of the court below to
material fact. [De Leon v. Faustino, GR L- issue an execution on the judgment or de-
15804. Nov. 29, 1960]. cree appealed from; or, if a writ of execution
has issued, it is a prohibition emanating
Summons. Civ. Pro. 1. A writ by which the from the CA against the execution of the
defendant is notified of the action brought writ. [Watson & Co. Ltd. v. Enriquez, GR L-
against him. Service of such writ in the 1064. Nov. 13, 1902].
means by which the court may acquire juris-
Supersedeas bond. A bond required of one
diction over his person. Trial and judgment
who petitions to set aside a judgment or ex-

959
ecution and from which the other party may adjustment and emotional readiness of both
be made whole if the action is unsuccessful. adopter(s) and adoptee in stabilizing their fil-
ial relationship. [Sec. 3, RA 8552].
Supervening. Occuring later than a specified
or implied event or action, typically in such a Supervision. Admin. Law. Overseeing or the
way as to change the situation. power or authority of an officer to see that
subordinate officers perform their duties. If
Supervening event. 1. Facts and events tran-
the latter fail or neglect to fulfill them the
spiring after the judgment or order had be-
former may take such action or step as pre-
come executory which would justify the sus-
scribed by law to make them perform these
pension or nullification of the execution of a
duties. [Mondano v. Silvosa, GR L-7708.
final and executory judgment. [Javier v. CA,
May 30, 1955]. Compare with Control.
GR 96086. July 21, 1993]. 2. It would arise if
an event occurs after the decision which Supervision and control. The authority to act
would nullify, or render impossible or inequi- directly whenever a specific function is en-
table, enforcement thereof. [La Campana trusted by law or regulation to a subordinate;
Food Products v. CIR, GR L-27907. May 22, direct the performance of duty; restrain the
1969]. commission of acts; review, approve, re-
verse or modify acts and decisions of sub-
Supervening negligence doctrine. Also Dis-
ordinate officials or units; determine priori-
covered peril doctrine. 1. The doctrine to
ties in the execution of plans and programs.
the effect that where both parties are negli-
Unless a different meaning is explicitly pro-
gent, but the negligent act of one is appre-
vided in the specific law governing the rela-
ciably later in time than that of the other, or
tionship of particular agencies, the word
when it is impossible to determine whose
control shall encompass supervision and
fault or negligence should be attributed to
control as defined herein. [Llamas v. Orbos,
the incident, the one who had the last clear
GR 99031. Oct. 15, 1991].
opportunity to avoid the impending harm
and failed to do so is chargeable with the Supervisor. See Coordinator.
consequences thereof. [Picart v. Smith, Jr.,
Supervisory employees. Those who, in the
GR L-12219 Mar. 15, 1918]. 2. [The doctrine
interest of the employer, effectively recom-
holding that] an antecedent negligence of a
mend such managerial actions if the exer-
person does not preclude the recovery of
cise of such authority is not merely routinary
damages for supervening negligence of, or
or clerical in nature but requires the use of
bar a defense against the liability sought by,
independent judgment. [Art. 212, LC].
another if the latter, who had the last fair
chance, could have avoided the impending Supplement. Something that exists side by
harm by the exercise of due diligence. [Pan- side with the original. It does not replace
tranco North Express, Inc. v. Baesa, GR that which it supplements. [Aznar III, v. Ber-
79050-51. Nov. 14, 1989]. nard, GR 81190, May 9, 1988].
Supervise. To oversee, to have oversight of, Supplemental. Something added to complete
to superintend the execution of or the per- a thing, make up for a deficiency, or extend
formance of a thing, or the movements or or strengthen the whole.
work of a person; to inspect with authority;
to inspect and direct the work of a person; to Supplemental appropriation. Additional ap-
inspect with authority; to inspect and direct propriation authorized by law to augment the
orig. appropriations which proved to be in-
the work of others. [Rodriguez v. Montinola,
GR L-5689 May 14, 1954]. adequate or insufficient for the particular
purpose intended due to current economic,
Supervised trial custody. A period of time political or social conditions.
within which a social worker oversees the

960
Supplemental budget. A supplementary fi- [IRR on Supply & Prop. Mgt., per Sec. 383,
nancial plan embodying changes during the LGC]. 3. Any person or entity authorized by
fiscal year in the annual estimates of income the ERC to sell, broker, market or aggregate
and appropriations. [Sec. 14, PD 477]. electricity to the end-users. [Sec. 4, RA
9513].
Supplemental pleadings. Additional plead-
ings setting forth transactions, occurrences Supplier of electricity. Any person or entity
or events which have happened since the authorized by the Energy Regulatory Com-
date of the pleading sought to be supple- mission [ERC] to sell, broker, market or ag-
mented and which the court, upon motion of gregate electricity to the end-users. [Sec. 4,
a party, upon reasonable notice and upon RA 9136].
such terms as are just, may permit him to
Supplies. 1. [It] includes any and all items of
serve. The adverse party may plead thereto
whatever nature or description which may
within 10 days from notice of the order ad-
be necessary for, or incidental to, the opera-
mitting the supplemental pleading. [Sec. 6,
tion of an aircraft. [Sec. 3, RA 9497]. 2. The
Rule 10, RoC].
term includes everything, except real prop-
Supplemental procurement plan or pro- erty, which may be needed in the transac-
curement program. The itemized list show- tion of public business or in the pursuit of
ing the required supplies in a fiscal year not any undertaking, project, or activity, whether
covered in the annual or amendatory pro- in the nature of equipment, furniture, sta-
curement plan or program. [IRR on Supply & tionary materials for construction or personal
Prop. Mgt., per Sec. 383, LGC]. property of any sort, incl. non-personal or
contractual services such as the repair and
Supplementary unit. A unit which is neither a
maintenance of equipment and furniture, as
base nor a derived unit. [Sec. 4, BP 8].
well as trucking, hauling, janitorial, security,
Supplements. The extra remuneration or and related services. [Sec. 357, LGC].
special privileges or benefits given to or re-
Supply. Any article furnished for carrying on
ceived by the laborers over and above their
the work which from its nature is necessarily
ordinary earnings or wages. [Atok-Big
so consumed by use in the work. [Ki-
Wedge Assn. v. Atok-Big Wedge Co., GR L-
losbayan, Inc. v. Morato GR 118910. July
7349. July 19, 1955; 51 OG 3432]. Compare
17, 1995]. Compare with Equipment.
with Facilities.
Supply and demand. An economic model of
Suppletory. Supplying deficiencies. [GSIS v.
price determination in a market. It concludes
Villaviza, GR 180291, July 27, 2010].
that in a competitive market, the unit price
Supplier. 1. A person, other than a consumer, for a particular good will vary until it settles
who in the course of his business, solicits, at a point where the quantity demanded by
offers, advertises, or promotes the disposi- consumers [at current price] will equal the
tion or supply of a consumer product or who quantity supplied by producers [at current
other than the consumer, engages in, en- price], resulting in an economic equilibrium
forces, or otherwise participates in a con- for price and quantity.
sumer transaction, whether or not any privity
Supply of electricity. The sale of electricity by
of contract actually exists bet. that person
persons or entities authorized pursuant to
and the consumer, and includes the succes-
RA 9136. [Sec. 4, RA 9136].
sor to, or assignee of, any right or obligation
on of the supplier. [Art. 4, RA 7394]. 2. A Supply of electricity charge. The charge
person, firm or manufacturer who furnishes imposed by electricity suppliers for the sale
or sells the supplies or property needed or of electricity to end-users, excl. the charges
required by a[n] LGU. It is synonymous to for generation, transmission and distribution
dealer, bidder, offerer, seller or contractor. wheeling, [Sec. 4, RA 9136].

961
Support. That which comprises everything the latter, and their liabilities are interwoven
indispensable for sustenance, dwelling, as to be inseparable. [PNB v. Pineda, GR
clothing, medical attendance, education and 46658. May 13, 1991]. 2. The insurer of the
transportation, in keeping with the financial debt [who] obligates himself to pay if the
capacity of the family. [Art. 194, FC]. principal does not pay. [Machetti v. Hospicio
de San Jose, GR L-16666 Apr. 10, 1922]. 3.
Support pendente lite. A provisional remedy
The person who has pledged him or herself
in the form of an order issued by a judge be-
to pay back money or perform a certain ac-
fore whom the proper action is pending
tion if the principal to a contract fails, as col-
granting an allowance for sustenance, dwell-
lateral, and as part of the orig. contract.
ing, clothing, education and medical attend-
Compare with Guarantor.
ance to the party or parties entitled thereto.
[Katarungang Pambarangay Rules]. Surety. Nature of liability: (a) Solidary with the
bond obligor; (b) Limited to the amount in
Support person. A person chosen by the child
the bond - it cannot be extended by implica-
to accompany him to testify at or attend a
tion; and (c) It is determined strictly by the
judicial proceeding or deposition to provide
terms of the contract of suretyship in relation
emotional support for him. [Sec. 4 (f), AM
to the principal contract bet. the obligor and
00-4-07-SC].
the obligee.
Support to Operations (STO). This consists
Surety bond. A bond purchased at the ex-
of programs and corresponding expendi-
pense of the estate to insure the executor's
tures which provide staff, technical and/or
proper performance. Also referred to as Fi-
substantial support to operations, but do not
delity bond.
produce goods or deliver services or directly
engage in regulation. Surety bonds. Types: (a) Contract bonds –
These are connected with construction and
Suppress. To forbid the use of evidence at a
supply contracts. They are for the protection
trial bec. it is improper or was improperly ob-
of the owner against a possible default by
tained. See also Exclusionary rule.
the contractor or his possible failure to pay
Supra. Lat. Above. [It] is used to represent a materialmen, laborers and sub-contractors.
decision, order, judgment, etc. referred or The position of surety, therefore, is to an-
mentioned in the document previously. swer for a failure of the principal to perform
Compare with Infra. in accordance with the terms and specifica-
tions of the contract. There may be 2 bonds:
Supremacy of the law. Doctrine that all per- (a.1) Performance bond – One covering the
sons, incl. the sovereign, are subordinate to
faithful performance of the contract; and
the rule of law. (a.2) Payment bond – One covering the
Supreme Court. The highest court in the land, payment of laborers and material men; (b)
established by the Phil. Consti. Fidelity bonds – They pay an employer for
loss growing out of a dishonest act of his
Supreme Court Reports Annotated. Abbrev. employee. For the purposes of underwriting,
SCRA. Publication of court decisions of the they are classified as: (b.1) Industrial bond –
Sup. Court since 1961. One required by private employers to cover
Surcharge. An amount imposed by law as an loss through dishonesty of employees; and
addition to the main tax in case of delin- (b.2) Public official bond – One required of
quency. public officers for the faithful performances
of their duties and as a condition of enter-
Surety. 1. It is considered in law as being the taining upon the duties of their offices; (c)
same party as the debtor in relation to what- Judicial bonds – They are those which are
ever is adjudged touching the obligation of

962
required in connection with judicial proceed- Surrender. 1. To turn over possession of real
ings. property, either voluntarily or upon demand,
by tenant to landlord. 2. To give oneself up
Suretyship. An agreement whereby the surety
to law enforcement officials.
guarantees the performance by another of
an undertaking or an obligation in favor of a Surrogate. A person acting on behalf of an-
3rd party. [Sec. 175, IC]. other or a substitute, incl. a woman who
gives birth to a baby of a mother who is un-
Suretyship contract. 1. An agreement
able to carry the child.
whereby a party called the surety guaran-
tees the performance by another party Surrogate mother. 1. A woman who bears a
called the principal or obligor of an obliga- child for another person, often for pay, either
tion or undertaking in favor of a 3rd party through artificial insemination or by carrying
called the obligee. [Sec. 175, IC] 2. It is until birth another woman's surgically im-
deemed an insurance contract, within the planted fertilized egg. 2. One that acts as,
meaning of the Insurance Code, only if serves as, or is a mother substitute.
made by a surety who or which, as such, is
Survey by unauthorized person. The offense
doing an insurance business. [Sec. 2, IC].
committed by any person who shall, without
Surface bargaining. Labor. ―Going through permit to survey from the Dir. [of Forest
the motions of negotiating‖ without any legal Devt.], enter any forest lands, whether cov-
intent to reach an agreement. It is a violation ered by a license agreement, lease, license,
of the duty to bargain collectively. [Standard or permit, or not, and conduct or undertake
Chartered Bank Employees Union (NUBE) a survey for whatever purpose. [Sec. 73, PD
v. Confesor, GR 114974, June 16, 2004]. 705].
Surface water. All water, which is open to the Surveyor. A person who surveys, esp. one
atmosphere and subject to surface runoff. whose profession is the surveying of land.
[Sec 4, RA 9275].
Survivor. A person who outlives another.
Surname or Family name. That which identi-
Survivorship. A right depending on survival,
fies the family to which he belongs and is
esp. the right of a survivor of people with a
continued from parent to child. the surname
joint interest to take the whole on the death
to which the child is entitled is fixed by law.
of the others.
[Rep. v. Hernandez, GR 117209. Feb. 9,
1996]. Compare with Given or Proper Survivorship disqualification rule. [The rule
name. that provides that] parties or assignors of
parties to a case, or persons in whose be-
Surplus. 1. Excess of revenues over expendi-
half a case is prosecuted, against an execu-
tures. 2. An amount of something left over
tor or administrator or other representative
when requirements have been met; an ex-
of a deceased person, or against a person
cess of production or supply over demand.
of unsound mind, upon a claim or demand
Surplus property. A property no longer need- against the estate of such deceased person,
ed by a[n] LGU. [IRR on Supply & Prop. or against such person of unsound mind,
Mgt., per Sec. 383, LGC]. cannot testify as to any matter of fact occur-
ring before the death of such deceased per-
Surplusage. Excess: a quantity much larger
son or before such person became of un-
than is needed.
sound mind." [Sec. 23, Rule 130, RoC;
Surplusagium non nocet. Lat. Surplusage Sunga-Chan v. Chua, GR 143340 Aug. 15,
does no harm. 2001]. Also called Survivorship rule. See
Dead man statute.

963
Survivorship disqualification rule. Object is presumed to have survived; (c) if one is
and purpose: (a) To guard against the temp- under 15 and the other above 60, the former
tation to give false testimony in regard to the is presumed to have survived; (d) if both be
transaction in question on the part of the over 15 and under 60, and the sexes be dif-
surviving party and further to put the two ferent, the male is presumed to have sur-
parties to a suit upon terms of equality in revived; if the sexes be the same, then the
gard to the opportunity of giving testimony. older; and (e) if one be under 15 or over 60,
[Goñi v. CA, GR L-27434 Sep. 23, 1986]; and the other bet. those ages, the latter is
and (b) To close the lips of the party plaintiff presumed to have survived. [Sec. 3(jj), Rule
when death has closed the lips of the party 131, RoC].
defendant, in order to remove from the sur-
Survivorship rule. [The rule that provides
viving party the temptation to falsehood and
that] parties or assignors of parties to a
the possibility of fictitious claims against the
case, or persons in whose behalf a case is
deceased. [Icard v. Masigan, GR L-47442
prosecuted, against an executor or adminis-
Apr. 8, 1941].
trator or other representative of a deceased
Survivorship disqualification rule. Requi- person, or against a person of unsound
sites: (a) The witness is a: (a.1) party to a mind, upon a claim or demand against the
case, (a.2) or an assignor of a party to a estate of such deceased person, or against
case or (a.3) a person in whose behalf a such person of unsound mind, cannot testify
case is prosecuted; (b) The action is as to any matter of fact occurring before the
against: (b.1) an executor or administrator or death of such deceased person or before
other representative of a deceased person such person became of unsound mind."
(b.2) or a person of unsound mind; (c) [Sec. 23, Rule 130, RoC; Sunga-Chan v.
The subject matter of the action is a claim or Chua, GR 143340 Aug. 15, 2001]. Also
demand against: (c.1) the estate of the de- called Survivorship disqualification rule.
ceased person, or (c.2) a person of unsound
Suspended sentence. The holding in abey-
mind; (d) The testimony of the witness refers
ance of the service of the sentence imposed
to any matter of fact which occurred before:
by the court upon a finding of guilt of the
(d.1) the death of such deceased person or
child in conflict with the law, whereby the
(d.2) such person became of unsound mind.
child undergoes rehabilitation within a fixed
Survivorship presumption. 1. The disputable period under such terms and conditions as
presumption that, as bet. 2 or more persons may be ordered by the court. [Rule on Juve-
who are called to succeed each other, they niles in Conflict with The Law, AM 02-1-18-
died at the same time and there shall be no SC, Nov. 24, 2009].
transmission of rights from one to the other,
Suspension. A temporary loss of the right to
provided that: (a) the parties are heirs to one
practice law by an attorney.
another; (b) there is no proof as to who died
first; and (c) there is doubt as to who died Suspension of arms. Intl. Law. The tempo-
first. [Art. 43, CC]. 2. Presumption based on rary cessation of hostilities by agreement of
the probabilities resulting from the strength the local commanders for such purposes as
and age of the sexes of 2 persons who per- the gathering of the wounded and the burial
ish in the same calamity, such as wreck, of the dead. [Cruz, Intl. Law Reviewer, 1996
battle, or conflagration, and it is not shown Ed., pp. 143-144].
who died first, and there are no particular
circumstances from which it can be inferred, Suspension of execution of sentence. A
in accordance with the following rules: (a) If disposition under which a defendant, after
conviction and sentence, is released. Its ob-
both were under the age of 15 years, the
older is presumed to have survived; (b) if jective primarily is to save the accused from
both were above the age of 60, the younger

964
the corrosive effects of imprisonment and "needs", in particular, the essential needs of
the stigma of incarceration. the world's poor, to which overriding priority
should be given; and (b) the idea of limita-
Suspension of payment. Under the Insolven-
tions imposed by the state of technology
cy Law, the postponement of the payment of
and social orgs. on the environment's ability
the debts of a debtor who, possessing suffi-
to meet present and future needs. It is the
cient properties to cover his debts, and fore-
harmonious integration of a sound and via-
seeing the impossibility of meeting them
ble economy, responsible governance, so-
when they respectively fall due, petitions the
cial cohesion and harmony, and ecological
court that he be declared in a state of sus-
integrity to ensure that human development
pension of payments.
now and through future generations is a life-
Suspension of sentence. A concept of proba- enhancing process. [Sec. 3, RA 10121]. 2.
tion intended to benefit minor offenders and The improvement in the quality of life of the
is designed primarily to save the minor of- present and future generations through the
fenders from the stigma of criminal record. complementation of development and envi-
ronmental protection activities. [Sec. 3, RA
Suspension or Disbarment of a lawyer. 7611].
Grounds: (a) Deceit; (b) malpractice; (c)
gross misconduct in office; (d) grossly im- Sustainable human development. Bringing
moral conduct; (e) conviction of a crime in- people, particularly the poor and vulnerable,
volving moral turpitude; (f) violation of the to the center of development process, the
lawyer‘s oath; (g) willful disobedience of any central purpose of which is the creation of
lawful order of a superior court; and (h) will- an enabling environment in which all can en-
fully appearing as an attorney for a party joy long, healthy and productive lives, done
without authority to do so. [Sec. 27, Rule in the manner that promotes their rights and
138, RoC; Re: Admin. Case # 44 v. Atty. protects the life opportunities of future gen-
Occeña, AC 2841. July 3, 2002]. erations and the natural ecosystem on
which all life depends. [Sec. 4, RA 10354].
Suspensive condition or Condition prece-
dent. One which suspends the demandabil- Sustainable traditional resource rights. The
ity of the obligation until the happening of rights of Indigenous Cultural Communities or
the event. [Diaz, Bus. Law Rev., 1991 Ed., Indigenous Peoples (ICCs or IPs) to sus-
p. 10]. Compare with Resolutory condi- tainably use, manage, protect and conserve
tion. a) land, air, water, and minerals; b) plants,
animals and other organisms; c) collecting,
Suspensive period (ex die). The obligation
fishing and hunting grounds; d) sacred sites;
begins only from a day certain upon the arri- and e) other areas of economic, ceremonial
val of the period. [Diaz, Bus. Law Rev., 1991 and aesthetic value in accordance with their
Ed., p. 16]. indigenous knowledge, beliefs, systems and
Sustain. A court ruling upholding an objection practices. [Sec. 4, RA 8371].
or a motion.
Sustained-yield management. Continuous or
Sustainable. 1. Able to be maintained at a periodic production of forest products in a
certain rate or level. 2. Conserving an eco- working unit with the aid of achieving at the
logical balance by avoiding depletion of nat- earliest practicable time an approximate
ural resources. balance bet. growth and harvest or use. This
is generally applied to the commercial tim-
Sustainable development. 1. Development ber resources and is also applicable to the
that meets the needs of the present without water, grass, wildlife, and other renewable
compromising the ability of future genera- resources of the forest. [Sec. 3, PD 705].
tions to meet their own needs. It contains
within it 2 key concepts: (a) the concept of

965
Sustenance. 1. Food and drink regarded as a Swindle. To cheat through trick, device, false
source of strength; nourishment. 2. The statements or other fraudulent methods with
maintaining of someone or something in life the intent to acquire money or property from
or existence. another to which the swindler is not entitled.
Sustenance fishing. See Municipal fishing. Swindling. Crim. Law. 1. The act of cheating
or defrauding of money or property.
Susuray-suray. Tag. In a wobbling motion.
2. Obtaining by fraudulent means. See
[People v. Relucio, GR L-38790. Nov. 9,
Estafa.
1978].
Swindling. Crim. Law. Essential elements: (a)
Suum cuique tribuere. Lat. Render unto each
That the thing disposed of be real property;
person what is due him. It is a supreme
(b) that the offender knew that the real
norm of justice which the law develops.
property was encumbered, whether the en-
Suum jus, summa injuria. Lat. The abuse of cumbrance is recorded or not; (c) that there
right is the greatest possible wrong. must be express representation by the of-
fender that the real property is free from en-
SUV. See Sports Utility Vehicle. cumbrance; and (d) that the act of disposing
Suzerain. A sovereign or a state exercising of the real property be made to the damage
political control over a dependent state. of another. [Naya v. Abing, GR 146770.
Feb. 27, 2003].
Suzerainty. A relation between states in which
a subservient nation has its own govt., but is Swindling a minor. Crim. Law. The felony
unable to take intl. action independent of the committed by any person who, taking ad-
superior state. vantage of the inexperience or emotions or
feelings of a minor, to his detriment, shall
Swear. To put on oath; to declare on oath the induce him to assume any obligation or to
truth of a pleading, etc. [Gamido v. Natl. give any release or execute a transfer of any
Bilibid Prisons, GR 114829. Mar. 1, 1995, property right in consideration of some loan
5th Ed., Id., 121017598].

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[Note: This 4th edition (September 2014) contains a total of 14,442 definitions].

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Accident. Elements: (a) Performance of a Acción in rem verso. Essential elements to

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alternative fuel vehicle or engine. Vehicle or

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Alvin T. Claridades’ Legal & Jurisprudential Lexicon

Anorexia nervosa. Legal Med. A disorder Antecedent intelligence. Otherwise known as

Alvin T. Claridades’ Legal & Jurisprudential Lexicon