1.

Doctrine of Abuse of Rights

Under Art 19 of the NCC, “Every person must, in the exercise of his rights and
in the performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith. When a right is exercised in a manner which
does not conform with Art. 19 of NCC and results in damage to another, a legal
wrong is thereby committed for which the wrong doer be made responsible.

2. Doctrine of Apparent Authority

The doctrine of apparent authority does not apply if the principal did not
commit any act which a third party knew in good faith as a result of the
exercise of reasonable prudence. The agent’s acts or conduct must have
produced a change of position to the third party’s detriment.

3. Doctrine of attractive nuisance

One who maintains on his premises dangerous instrumentalities or appliances
of a character likely to attract children to play, and who fails to exercise
ordinary care to prevent children from playing therewith or resorting thereto,
is liable to a child of tender years who is injured thereby, even if the child is
technically a trespasser in the premises.

4. Doctrine of Conclusiveness of Judgment

This doctrine is also known as “Preclusion of Issues or Collateral Estoppel”,
issues directly resolved in a former suit cannot again be raised in any future
case between the same parties involving different cause of action.

5. Doctrine of Conflict of Interest

A term used to describe the situation in which a public official who contrary
to the obligation and absolute duty to act for the benefit of the public or
designated individual, exploits relationship for personal benefit.

6. Doctrine of Executive Privilege

Presidents who object to disclose sensitive or embarrassing information to
Congress or the courts often rely on "executive privilege." This legal doctrine is
rooted in the president's need for candid advice. If advisers knew that their words
or memorandums could end up being reported on the news, they might hesitate
to speak up, depriving the president of frank feedback.

7. Doctrine of Exhaustion of Administrative Remedies

The doctrine of exhaustion of administrative remedies calls for result first
from the proper administrative authorities in the resolution of a controversy
falling under their jurisdiction before the same may be elevated to the courts
of justice for review.

8. Globe Doctrine
The Globe Doctrine refers to the method of determining the desire of the
employee which is an important factor in determining the appropriate
bargaining unit. The best way to determine such preference is through
referendum or plebiscite.

9. Doctrine of Immutability of Judgment

Under this doctrine, a decision that has acquired finality becomes immutable
and unalterable and may no longer be modified in any respect, even if the
modification is meant to correct erroneous conclusions of fact and law, and
whether it be made by the court that rendered it or the Highest Court of the
Land. Any act which violates this principle must be immediately struck.

Exceptions: 1. The correction of clerical errors; 2. The so called nunc-pro-tunc

entries which cause no prejudice to any party; 3. Void judgments; 4.
Whenever circumstances transpire after the finality of the decision rendering
its execution unjust and inequitable.

10. Doctrine of Imputed Negligence

The doctrine of imputed negligence is the doctrine that attribute blame to a
person not on the basis of his actions but because of the actions of another
person for which he becomes responsible. Example would be, the mother
being liable to the actions of his minor child. Under Art 2176 NCC “the law
imposes civil liability on the father and, in case of his death or incapacity, the
mother , for any damages that may be caused by a minor child who lives with
them.
11. Doctrine of Last Clear Chance
A doctrine in the law of torts states that the contributory negligence of the
injured party will not defeat the claim of damages if it is shown that the
defendant is by the exercise of reasonable care and prudence, have avoided
the consequences of the negligence of the injured party. The person who had
the last clear chance to avoid the accident is considered responsible for the
consequences thereof.

12. Doctrine of Judicial Stability

It is a principle that when a competent court of jurisdiction acquires
jurisdiction on the subject matter of a case, its authority, continues subject
only to the appellate authority until the matter is final and disposed of, and
no coordinate authority is at its liberty to interfere with its action.

13. Doctrine of Liberal Construction

To give the language of a statutory provision, freely and consciously, its
commonly, generally accepted meaning, to the end that the most complete
application thereof may be accorded, without doing a violence to any of its
terms.

14. Doctrine of Limited Liability – Corporation

The stockholders of a corporation enjoy the principle of limited liability: the
debt of the corporation is not the debt of the stockholder. Thus, being a
stockholder or officer of a corporation does not make one’s property also of
the corporation. The Corporation has a legal personality separate and distinct
from the people comprising it.

15. Doctrine of Limited Liability – Maritime

Also called “No Vessel, No liability Doctrine”. The liability of the ship owner is
limited to the ship owner’s interest on the vessel. Limited liability also extends to
ship’s appurtenances, equipment, freightage and insurance proceeds.
Shipowner’s or agent’s liability is merely co-extensive with his interest in the
vessel, such that a total loss of the vessel results in the liability’s extinction. The
vessel’s total destruction extinguishes maritime liens because there is no longer
any res to which they can attach.

16. Miranda Rights ( Art III, Sec. 12, 1987 Constitution)

Any person under investigation for committing an offense shall have the right
to be informed of his right to remain silent and to have a counsel of his own
choice. If the person cannot afford the services of a private layer, he must be
provided with one such as a PAO lawyer. These rights cannot be waived
except in writing and in the presence of counsel.

17. Doctrine of Necessary Implication

The doctrine states that what is implied in a statute is as much a part thereof
as that which is expressed. In every statutory grant of power, right or privilege
is deemed to include all incidental power, right or privilege.

18. Doctrine of Operative Fact

The general rule is that a void law or administrative act cannot be the source
of legal rights and duties. Under Art 7 of the NCC, The doctrine of operative
fact is an exception to the general rule, such that a judicial declaration of
invalidity may not necessarily obliterate all the effects and consequences of a
void act prior to such declaration.

19. Doctrine of Pari Delicto

When the parties to a legal controversy are in pari delicto, neither can obtain
affirmative relief from the court, since both are at equal fault or of equal gu
ilt. They will remain in the same situation they were in prior to the commenc
ement of the action.
The doctrine admits of an exception. Art 22 of the Civil Code states, Every
person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter
without just or legal ground, shall return the same to him. (Unjust Enrichment
Principle)
20. Doctrine of Piercing the Corporate Veil
When the corporate veil is pierced, the corporation and persons who are
treated as distinct from the corporation are treated as one person. When the
corporation is adjudged liable, those persons become liable as if they were
the corporation.

21. Plain-View Doctrine

Under the Plain View Doctrine, it allows a law enforcer to make a search and
seizure without a search warrant if evidence of criminal activity or the product of
a crime can be seen without entry or search. Objects falling in the plain view of an
officer who has the right to be in the position to have the view, are subject to
seizure, and maybe presented as evidence.

22. Doctrine of Primary Jurisdiction

Courts cannot determine a controversy involving a question which is within
the jurisdiction of an administrative tribunal, especially where the question
demands exercise of sound administrative discretion requiring special
knowledge, experience and services of administrative tribunal to determine
technical and intricate matters of fact and where a uniformity of ruling is
essential to comply with the purpose of the regulatory statute administered.

23. Doctrine of Proximate Cause

Proximate Cause is that which, in natural and continuous sequence, unbroken
by any efficient intervening cause, produces the injury and without which the
result would not have occurred.

24. Doctrine of Qualified Political Agency

As the President cannot be expected to exercise has control powers all at the
same time and in person, he will have to delegate some of them to his Cabinet
members, who in turn and by his authority, control the bureaus and other
offices under their respective jurisdictions in the executive department.

25. Doctrine of Negligence under the doctrine of Res Ipsa Loquitur

Where the thing which caused the injury complained of is shown to be under
the management of a defendant or his servants and the accident is such as in
the ordinary course of things does not happen if those who have its
management or control use proper care, it affords reasonable evidence, in
absence of explanation by defendant, that the accident arose from want of
care.

26. Doctrine of Res Judicata

Literally means ‘a matter adjudged’, a thing judicially acted upon or decided
or a thing or matter settled by judgment. “Res Judicata” lays the rule that an
existing final judgment or decree rendered on the merits, and without fraud
or collusion, by a court of competent jurisdiction, upon any matter within its
jurisdiction, is conclusive of the rights of the parties or their privies, in all other
actions or suits in the same or any other judicial tribunal of concurrent
jurisdiction on the points and matters in issue in the first suit.

27. Doctrine of Secondary Meaning

The doctrine of Secondary Meaning is to the effect that a word or phrase
originally incapable of exclusive appropriation with reference to an article on
the market, might nevertheless have been used so long and so exclusively by
one product with reference to his article that, in that trade and to that branch
of purchasing public, the word or phrase has come to mean that the article
was his product.

28. Doctrine of Self-Help

The owner or lawful possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this purpose, he may use such
force as may be reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property.

29. Trust Fund Doctrine

Under the doctrine, the capital stock, property, and other assets of a
corporation are regarded as equity in trust for the payment of corporate
creditors, who are preferred in the distribution of corporate assets.

30. Vicarious Liability Doctrine

Also known as “respondent superior” is holding a person responsible for
damage or harm caused by someone else, most commonly thought of in an
employer-employee relationships.