Substantive and Procedural Due Process – differentiate

substantive due process which requires the intrinsic validity of the law in interfering with the
rights of the person to his life, liberty, or property, and;

procedural due process which consists of the two basic rights of notice and hearing, as well as
the guarantee of being heard by an impartial and competent tribunal

The requirements of due process are interpreted in both the United States and the Philippines as
not denying to the law the capacity for progress and improvement. Toward this effect and in
order to avoid the confines of a legal straitjacket, the courts instead prefer to have the meaning
of the due process clause "gradually ascertained by the process of inclusion and exclusion in the
course of the decisions of cases as they arise". Capsulized, it refers to "the embodiment of the
sporting idea of fair play"

Aberratio Ictus

It is also known as “mistake in the blow”. This happens when an offender delivered a blow at an
intended victim but landed instead on an unintended one because of lack of precision.

Error in personae

as a consequence embodied in Article 4 of the Revised Penal Code is error in personae or what
they call mistake in identity. This exists when the offender actually hit someone believing that it
is the intended victim but it turned out to be a different person.

Arraignment

is typically the first court proceeding in a criminal case. At the arraignment hearing, defendants
are advised of the charges that have been filed as well as their legal and constitutional rights.
Afterward, they are given an opportunity to enter a plea of not guilty, guilty, or no contest.

Arraignment is made in open court by the judge or clerk by furnishing the accused with a copy
of the complaint or information, reading it in the language or dialect known to him asking him
whether he pleads guilty or not guilty

Action in personam

An action in personam is a proceeding to enforce personal rights and obligations brought against
the person and is based on the jurisdiction of the person, although it may involve his right to, or
the exercise of ownership of, specific property, or seek to compel him to control or dispose of it
in accordance with the mandate of the court, some responsibility or liability directly upon the
person of the defendant. Of this character are suits to compel a defendant to specifically perform
some act or actions to fasten a pecuniary liability on him. The following are some of the examples
of actions in personam: action for collection of sum of money and damages; action for unlawful
detainer or forcibly entry; action for specific performance; action to enforce a foreign judgment
in a complaint for a breach of contract.

Action in rem

Actions in rem are actions against the thing itself. They are binding upon the whole world. The
phrase, "against the thing," to describe in rem actions is a metaphor. It is not the "thing" that is
the party to an in rem action; only legal or natural persons may be parties even in in rem actions.
The following are some of the examples of actions in rem: petitions directed against the "thing"
itself or the res which concerns the status of a person, like a petition for adoption, correction of
entries in the birth certificate; or annulment of marriage; nullity of marriage; petition to establish
illegitimate filiation; registration of land under the Torres system; and forfeiture proceedings.

Action quasi in rem

A proceeding quasi in rem is one brought against persons seeking to subject the property of such
persons to the discharge of the claims assailed. In an action quasi in rem, an individual is names
as defendant and the purpose of the proceeding is to subject his interests therein to the
obligation or loan burdening the property. In an action quasi in rem, an individual is named as
defendant. But, unlike suits in rem, a quasi in rem judgment is conclusive only between the
parties. The following are some of the examples of actions quasi in rem: suits to quiet title;
actions for foreclosure; and attachment proceedings.

Acts of God

Acts of god or force majeure refer to any event beyond the reasonable control of the Owner or
the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable
care of the party affected.

Ad interim

In the meantime. An officer is sometimes appointed ad interim,when the principal officer is abs
ent, or for some cause incapable of acting for the time.
Ie.An officer ad interim is a person appointed to fill a position that is temporarily open, or to per
form the functions of a particular position during the absence or temporary incapacity of the in
dividual who regularly fulfills those duties.

Contract of Adhesion

A contract of adhesion is a standard form contract—often called a “boilerplate contract.” The

terms are drafted by just one party without input from the signee. The party drafting the
document is usually a business with significant power and a Legal team to help it create the
contract.

Alibi vs Denial - differentiate and explain

Denial is an intrinsically weak defense which must be buttressed with strong evidence of non-
culpability to merit credibility.

Alibi is an inherently weak defense, which is viewed with suspicion and received with caution
because it can easily be fabricated.

Allegation

An allegation is defined as a claim of fact not yet proven to be true. In a lawsuit, a party puts forth
their allegations in a complaint, indictment or affirmative defense, and then uses evidence at trial
to attempt to prove their truth.

Ancient Document

An ancient document is one that is (1) more than 30 years old, (2) found in the proper custody,
and (3) unblemished by any alteration or by any circumstance of suspicion. It must on its face
appear to be genuine.

Not all notarized documents are exempted from the rule on authentication. Thus, an affidavit
does not automatically become a public document just because it contains a notarial jurat.

Bail

Rule 114 of the 2000 Revised Rules of Criminal Procedure governs the application for bail, and
under Section 1 thereof, bail is defined as the security given for the release of a person in custody
of the law to guarantee his appearance before any court.
Bail is not always in cash. It may be given in the form of corporate surety, property bond, cash
deposit, or recognizance. The choice lies with the applicant.

Offer of Proof

an explanation made by an attorney to a judge during trial to show why a question which has
been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of
the lawyer's client.

A lawyer’s goal with an offer of proof is to describe the evidence, explain the purpose of
introducing the evidence, state the grounds for admissibility, and sufficiently inform the appeals
court of the consequences of excluding the evidence.

Parens Patria

Parens patriae is Latin for “parent of his or her country.” In the juvenile justice legal system,
parens patriae is a doctrine that allows the State to step in and serve as a guardian for children,
the mentally ill, the incompetent, the elderly, or disabled persons who are unable to care for
themselves.

Parental Authority

Parental authority refers to parents' rights and responsibilities toward their children from the
minute they are born until they turn 18. Under their parental authority, parents make decisions
that affect their children's well-being.

Under Article 213 of the Family Code, the general rule is that in case of separation of the parents,
parental authority shall be exercised by the parent designated by the Court. The Court shall take
into account all relevant considerations, especially the choice of the child over seven years of
age, unless the parent chosen is unfit.

However, if a child is under seven years of age, the child shall not be separated from the mother,
unless the court finds compelling reasons to order otherwise. Some of the compelling reasons
which would justify an exception to the rule and not awarding custody to the mother are neglect,
abandonment, unemployment and immorality, habitual drunkenness, drug addiction,
maltreatment of the child, insanity or affliction with a communicable illness

Parts of res gestae

Sec. 42. Part of the res gestae. — Statements made by a person while a startling occurrence is
taking place or immediately prior or subsequent thereto with respect to the circumstances
thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying
an equivocal act material to the issue, and giving it a legal significance, may be received as part
of the res gestae. (Rule 130, Rules of Court)

Res inter-alios acta

The rule on res inter alios acta provides that the rights of a party cannot be prejudiced by an act,
declaration, or omission of another. Consequently, an extrajudicial confession is binding only on
the confessant, is not admissible against his or her co-accused and is considered as hearsay
against them. The reason for this rule is that:

“On a principle of good faith and mutual convenience, a man’s own acts are binding upon himself,
and are evidence against him. So are his conduct and declarations. Yet it would not only be rightly
inconvenient, but also manifestly unjust, that a man should be bound by the acts of mere
unauthorized strangers; and if a party ought not to be bound by the acts of strangers, neither
ought their acts or conduct be used as evidence against him” (HAROLD V. TAMARGO vs. ROMULO
AWINGAN, et al. G.R. No. 177727, January 19, 2010, Third Division, Corona, J.).

Res ipsa loquitor

Res ipsa loquitur is literally translated as "the thing or the transaction speaks for itself." The
doctrine res ipsa loquitur means that "where the thing which causes injury is shown to be under
the management of the defendant, and the accident is such as in the ordinary course of things
does not happen if those who have the management use proper care, it affords reasonable
evidence, in the absence of an explanation by the defendant, that the accident arose from want
of care." It is simply "a recognition of the postulate that, as a matter of common knowledge and
experience, the very nature of certain types of occurrences may justify an inference of negligence
on the part of the person who controls the instrumentality causing the injury in the absence of
some explanation by the defendant who is charged with negligence. It is grounded in the superior
logic of ordinary human experience and on the basis of such experience or common knowledge,
negligence may be deduced from the mere occurrence of the accident itself.

Hence, res ipsa loquitur is applied in conjunction with the doctrine of common knowledge."

Res Judicata

Res judicata refers to the rule that a final judgment or decree on the merits by a court of
competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on
all points and matters determined in the former suit.

Res nullius
that which has no owner because it has not yet been appropriated (e.g. hidden treasure, wild
animals, fish in the ocean), or because it has been lost or abandoned by the owner. It constitutes
property as long as it is susceptible of being possessed for the use of man.

Respondat Superior

Respondeat superior is governed by the rule on vicarious liability under Art 2180, which provides:

Article 2180. The obligation imposed by article 2176 is demandable not only for one's own acts
or omissions but also for those of persons for whom one is responsible.

Employers shall be liable for the damages caused by their employees and household helpers
acting within the scope of their assigned tasks, even though the former are not engaged in any
business or industry.

Right against self-incrimination

A person’s right against self-incrimination is enshrined in Section 17, Article III of the 1987
Constitution which reads: “No person shall be compelled to be a witness against himself.”

The right against self-incrimination is accorded to every person who gives evidence, whether
voluntary or under compulsion of subpoena, in any civil, criminal or administrative
proceeding. The right is not to be compelled to be a witness against himself. It secures to a
witness, whether he be a party or not, the right to refuse to answer any particular incriminatory
question, i.e., one the answer to which has a tendency to incriminate him for some crime. (Rosete
vs. Lim, G.R. No. 136051, June 8, 2006)

Captain of the ship doctrination

The Captain-of-the-Ship Doctrine is “the doctrine imposing liability on a surgeon for the actions
of assistants who are under the surgeon's control but who are employees of the hospital, not the
surgeon.

Cause of action

A cause of action is the technical legal name for the set of facts which give rise to a claim
enforceable in court. It is a legally recognized wrong that creates the right to sue. Each cause of
action consists of points the plaintiff must prove and all of these elements must be satisfied in
order to take court action.
A cause of action has three elements: 1) the legal right of the plaintiff; 2) the correlative
obligation of the defendant not to violate the right; and 3) the act or omission of the defendant
in violation of that legal right.