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Glossary of Legal Terms

 A compilation by Gwynette E. Realo  Definition: It means "with even stronger


reason.
This document contains Latin derived
terminologies used in legal texts. Each term Example.: Inasmuch as an order to stay
has its corresponding definition and a proceedings does not operate to support the
sentence applying the terminology in the running of the statute of limitations, a
context of court decisions and resolutions.  fortiori the mere presenting of a petition of
the court below to direct the register of
deeds to furnish the court certain
information, as in this case, should not
operate to suspend the five-year limitation.
A (Buell vs. Buell, 92 Cal., 393)
(Felix Arambulo vs The Court of The First
Instance of Laguna and the Municipality of
Santa Rosa, Laguna, 1929)

1. Ad initio  4. Amicus Curiae 

Definition: It means "from the start," or Definition: Someone who volunteers


“from the beginning”.  information to the court.

Example : It should be noted that the Example .: In these certiorari and


purpose of the present action is to seek the mandamus proceedings the Philippine Alien
nullification of two deeds of sale of a parcel Property Administrator thru his attorneys
of land covered by a homestead patent petitioned this Court to be allowed to
which were executed within 5 years from intervene as amicus curiae with permission
the issuance thereof, and following the to file pleadings, adduce evidence, if
theory of appellants, the same are void ab required, and to argue orally or by
initio, or are non-existent in contemplation memorandum.
of law (section 116 of Act No. 2874). (The Republic of the Philippines vs.
(Paulina Corpuz,et.al vs. Leopoldo Beltran, Bonifacio Y Sip, Judge of the Court of First
et.al. 1955) Instance of Bulacan and Baldamero Silverio
1951)
2. Ad valorem 
5. A quo  “From which”
Definition:  Latin for "based on value," It
Definition:  accordingly, the court a quo is
applies to property taxes/
the court in which the matter was first
heard. 
Example.: The ad valorem tax shall be paid
by the brewer at the same time as the Example: On June 2, 1960, the court a quo
specific tax. issued an order of general default accepting
(People of the Philippines vs. the Director of Lands and the Director of
Sandiganbayan fourth district and Forestry. (G.R. No. 68166 February 12,
Bienvenido A. Tan Jr. 2005)
3. A fortiori  1997)
6. A Vinculo Matrimonii  quality, as he cannot prove he provided her
in aliunde.
“From the bond of matrimony”
9. Animus Furandi “An intent to do
Definition: divorce a vinculo matrimonii is wrong”
also known as absolute or total divorce
dissolving a marriage and releasing the Definition: often used in the context of theft
parties completely from the matrimonial in reference to the intention to steal, or a
obligations. trespass with animus furandi. Older law
books are rife with references to animus
Example: A is the wife of B. B was married furandi as a necessary component of the
earlier and had a wife C. A can file a suit for offence of larceny, and sometimes referred
divorce. Here the court will give a decree to as the spirit of thieving.
after being satisfied with the evidence
produced for divorce a vinculo matrimonii Example: If a taxi-driver accepts counterfeit
as this is a case of bigamy. money without knowing it was counterfeit,
he has no animus furandi.
 
 
7. Accion Publiciana “Plenary action to
recover” 10. Arguendo  “For the sake of argument”

Definition: the plenary action to recover the Definition: used by lawyers in the context
right of possession which should be brought of "assuming arguendo" that the facts were
in the proper regional trial court when as the other party contends, but the law
dispossession has lasted for more than one prevents the other side from prevailing.
year. It is an ordinary civil proceeding to
determine the better right of possession of Example: Third, it insisted that, assuming
realty independently of title.  arguendo that there were indeed hidden
defects, private respondent's complaint was
Example: There is no allegation whatsoever barred by prescription under Article 1571 of
in the complaint for accion publiciana the Civil Code, which provides for a six-
concerning the assessed value of the month prescriptive period. (G.R. No. 52267
property involved. (G.R. No. 199133) January 24, 1996)

B
8. Aliunde  “Otherwise”

Definition: it means from another place or 11. Bona Fide “Good faith”
outside source. It is often used to refer to
evidence given aliunde when meaning Definition: in good faith, honestly, without
cannot be derived from a document or fraud, collusion or participation in wrong-
instrument itself.  doing. It is the opposite of mala fide - bad
faith.  
Example: The husband is not liable for any
debt contracted by his wife after inhibition, Example: A person must not, without a
except for such furnishings suitable to her bona fide and reasonable justification deny
to a person or class of persons any cannot alienate or encumber any real
accommodation, service or facility property of the conjugal property without
customarily available to the public. the wife’s consent.
(David V. Pelayo and Loreza B. Pelayo vs.
 12. Bona Vacantia  Melki E. Perez, 2013)
- property that belongs to no person, and
which may be claimed by a finder 15 . Corpus

Definition: refers to those goods which do Definition: It could mean body or the
not have an owner. The government usually principal of estate or interest.
becomes its owner.  
Example: This is a petition for the
Example: Mr. Hunt said the trustees' issuance of a writ of habeas corpus under
solicitors had told him that the pier would Rule 102 of the Rules of Court. 
now pass to the Treasury solicitor under a (The Writ of Habeas Corpus for Reynaldo
system known as bona vacantia. The estate de Villa ,June de Villa v. The Director,
appeared on the Bona Vacantia list of New Bilibid Prisons, 2004)
unclaimed estates in the UK and its value is
currently unknown.  
16. Corpus Delicti 
C
Definition: Body of the crime.
13. Certiorari   Example: The corpus delicti may be
proven by the credible testimony of a sole
Definition: Order from a higher court to the witness, not necessarily by physical
lower court for review. evidence such as those aforementioned.
(Arturo G. Rimorin, Sr., v. People of the
Example : It should be noted that
Philippines 2003)
respondents’ petition for certiorari had long
become moot by the RTC’s January 11,  
2011 Decision.
(Irene Villamar-Sandoval vs. Jose Calipan, 17. Corpus Juris 
Maria Ofelia M. Gonzales, Laura J.
Cayabyab, Rogelio Costales and Fernando Definition: The body of the law, the cases
V. Austria, 2013) and the interpretations.

14. Compos mentis Example: The rule is set forth in the


Corpus Juris Secundum in the following
language: As to existing causes of action, a
Definition: Latin for "having a sound
statute of limitations must afford a
mind.
reasonable time for the commencement of
an action before the bar takes effect.
Example.: Unless the wife has been
(Casiano Saladas v. Franklin Baker
declared a non compos mentis or a
Company, 1960)
spendthrift, or is under civil interdiction or
is confined in a leprosarium, the husband
18. Caveat  “let him beware; a formal D
warning”
 
Definition: nothing more than a caution and 21. De Facto 
an effective notice of a claim of title
grounded upon something else and Definition: It means, "in fact." Often
preventing any change in the rights of the used to show that the court will treat the
caveator by dealings with the land case as fact.
subsequent to the lodging of the caveat.
 
Example: A caveat prevents any disposition Example: An officer de facto is to be
of his title by the registered proprietor in distinguished from an officer de jure, and
derogation of the caveator's claim until that is one who has the reputation or
claim has been satisfied or disposed of, but appearance of being the officer he
the caveator's claim must stand or fall on its assumes to be but who, in fact, under the
own merits.  law, has no right or title to the office he
assumes to hold.
(Benito Codilla, et.al., v Jose L.
Martinez. Et., et.al., 1960)
19. Ceteris Paribus “all things being equal  
or unchanged”

Definition: the term is most widely used in 22.  De Jure   


economic analysis when the analyst assumes
that all other variables except those under Definition: The latin term for "lawful," as
immediate consideration are held constant. different from de facto or actual.
 
Example: If an offender has committed a Example: It reiterated that when the law
severe enough offence to warrant a life would speak of possession in forcible entry
sentence, the offender will, ceteris paribus, cases, it is prior physical possession or
represent a greater threat to society than an possession de facto, as distinguished from
offender who received a non-life sentence. possession de Jure.
(Analecto C. Mangaser v. Dionisio Ugay,
2014)
 
20. Culpa Aquiliana
23. De Minimis 
Definition:  There can be a quasi-delict as
long as there is fault or negligence resulting Definition: This refers to "of minimum
in damage or injury to another. t is broader importance" or "trifling.
in scope than crime  
Example: Firstly, the losses expected
Example: Quasi-delict, known in Spanish should be substantial and not merely de
legal treatises as culpa aquiliana, is a civil minimis in extent.
law concept while torts is an Anglo- (Alfredo A. Mendros, Jr, v. Mitsubishi
American or common law concept. (G.R. Motors Phils. Corporation 2009)
No. 97336 February 19, 1993)  
24. De Novo  deal with every matter of which law takes
cognizance, and a penal code which
Definition: Latin term for “new”. In this embraces and deals with all crimes or
case a restart of a trial. delicts which the state recognizes as
  offences.
Example:  A perfected appeal shall
operate to vacate the judgment of the
municipal court, and the action, when duly
entered in the Court of First Instance, shall  27. Domus Sua Cuique Est Tutissimum
stand for trial de novo upon its merits in Refugium  “Every man's house is his
accordance with the regular procedure in refuge”
that court, as though the same had never
been tried and had been originally there Definition: that the house of every one is to
commenced him his castle and fortress as well as his
(Jose Crisostomo v. The Director of defence against injury and violence, as for
Prisons 1921) his repose.
 
Example: For a man's house is his castle, et
25. Dictum 
domus sua cuique est tutissimum refugium
(and each man's home is his safest refuge).
Definition:  It is the remark of the judge in
a court decision. 28. Donatio Mortis Causa 
 
Example: he first ground upon which the Definition: made by a dying person, or
opposition to the petition is based, namely, otherwise in contemplation of death, and
that the holding of this Court that the conditional thereon, with the intent that the
respondent Guillermo is not entitled to the person receiving the gift shall have the thing
benefits of the amnesty proclamation, is if death ensues.
merely an obiter dictum, is without any
legal foundation, and must be dismissed. Example: The donor of a donatio mortis
(People of the Philippines v. Hone Higinio causa may revoke the gift at any time before
Macadaeg, Hon, Potenciano Pecson, Hon. death. The gift is conditional until the donor
Ramon San Jose as Chairman and dies.
Members, respectively; of the Seventh
Guerrilla Amnesty Commission, and  
Antonio Guillermo, as an interested party, E
1952)
   
29. Ejusdem generis 
26. Delict

Definition: the act of a person, by fault or Definition: Latin term for the same kind.
maliciously, which harms or otherwise  
causes damage to another.  Example: Under the rule of construction
known as "ejusdem generis", where
Example: These countries have created a general words follow the enumeration of
hierarchy of temporal courts competent to particular classes of persons or things, the
general words will be construed as
applicable only to persons or things of the (Orlando L. Salvador, v.  Placido L. Mapa,
same general nature or class as those Jr., Rafael A. Sison, Rolando M. Zosa,
enumerated. Cesar C. Zalamea, Benjamin Barot,
(The City of Manila, The Mayor of Manila, Casimiro Tanedo, J.V. De Ocampo, Alicia
The City Engineer of Manila. Fernando S. L. Reyes, Bienvenido R. Tantoco, Jr.,
Vinzons and Dominga Vinzons-Cu v. Juan Bienvenido R. Tantoco, Sr., Francis B.
Entote, 1974) Banes, Ernesto M. Caringal, Romeo V.
  Jacinto, And Manuel D. Tanglao, 2007)
   
30.  En banc   
33. Ex Rel. 
Definition: The judges of the court
together hearing the oral arguments. Definition: abbreviation for Latin ex
  relatione which means upon being related
Example: The Court en banc is not an or upon information.
Appellate Court to which decisions or
resolutions of a Division may be appealed. Example: In Re JOAQUIN T.
(CIRCULAR NO. 2-89  En Banc 1989) BORROMEO, Ex Rel. Cebu City Chapter
  of the Integrated Bar of the Philippines.
  (A.M. No. 93-7-696-0,  1995)
31. Ex parte 
34. Erunt animae duae in carne una
Definition: It refers to the orders granted “Two souls in one flesh”
for one party.
  Definition: the semi medieval metaphysical
Example:  After the presentation of ex- notion that the partners to a marriage are not
parte evidence, I was being charged by the distinct individuals but a unified whole. 
Acting Clerk of Court, Paul M.
Resurreccion to whom I paid the first Example: The common-law principle that a
₱2,000.00 and I promised to pay the wife cannot be produced either for or against
balance of ₱3,000.00 on the following her husband, quia sunt duae animae in carne
day.  una or erunt animae duae in carne una is
(Frumencio E. Pulgar v. Paul M. gone.
Resurreccion and Maricar M. Eugenio,
35 Et. al. “ And others”
2014)
  Definition: it is often used in the registries
32. Ex Post Facto  of the Court to truncate the style of cause of
litigation involving multiple litigants
Definition: It means after the fact, which is
prohibited to be done by the court. Example: Lester Furr, et al., Plaintiffs v.
  Paul W. Thomas, et al., Defendants. The
Example:  Accordingly, if these Orders phrase et al. is defined as and others.
are to be considered the bases of charging
respondents for alleged offenses
committed, they become ex-post facto laws
which are proscribed by the Constitution.
36. Ex Aequo Et Bono “ in justice and 40 Ex Patriate
fairness”
Definition: the name given to an individual
Definition: something to be decided ex who has renounced his or her previous
aequo et bono is something that is to be citizenship.
decided by principles of what is fair and
just.  Example: My neighbor recently gave up his
American citizenship and became a
Example: The arbitral tribunal shall decide Canadian citizen; he is thus an ex patriate of
ex aequo et bono or as amiable compositeur the United States of America. 
only if the parties have expressly authorized
it to do so. 41. Ex Turpi Causa Non Oritur Actio “of
an illegal cause there can be no lawsuit”
 37. Ex Debito Justitiae  “as of right”
Definition: if one is engaged in illegal
Definition: a matter ex debito justitiae is activity, one cannot sue another for damages
one which a litigant is entitled merely upon that arose out of that illegal activity.
the asking for it; as opposed to something
which may be a matter of judicial discretion Example: An injury suffered by a passenger
or determination. in a stolen car, which that passenger knew to
be stolen and was a free participant in the
Example: Mr. A is entitled, ex debito joyriding. If a vehicle crashes injuring the
justitiae, to have the default judgment passenger, there may be no action in tort
registered against him set aside. against the driver under the ex turpi causa
non oritur actio principle.
38. Ex Juris “outside of the jurisdiction”
 
Definition: means outside of the  
jurisdiction, usually in terms of a court of H
law and the exposure of a foreign litigant to
the grasp of that Court.   
 
Example: A corporation created and based 42. Habeas corpus 
in Japan could be said to be ex juris of the
Canadian courts. Definition: Latin term for “you have the
body” which allows the officials to let the
39. Ex Necessitate Rei “ from the necessity
accused show up in court for hearing.
of the thing”

Example: That such transfer of power from  Example: This is a petition for the
the legislature to the Electoral Commission issuance of a writ of habeas corpus under
was full, clear and complete, and carried Rule 102 of the Rules of Court. 
with it ex necessitate rei the implied power (The Writ of Habeas Corpus for Reynaldo
inter alia to prescribe the rules and de Villa ,June de Villa v. The Director,
regulations as to the time and manner of New Bilibid Prisons, 2004)
filing protests. (G.R. No. L-45081          
July 15, 1936)  
   43.. Hereditas Jacens “an unclaimed First Instance issued an order on May 27,
estate” 1963, denying the same upon the ground
  that the plaintiffs have regular
Definition: a term which describes an estate employment and sources of income and,
which has not been claimed by any thus, can not be classified as poor or
beneficiary or administered by any person. paupers.
(Felipe Acar, Et Al., Vs. Hon. Inocencio
Example:  A slave owner might die and Rosal, In His Capacity As Executive
while his estate remains unclaimed, damages Judge, Court Of First Instance Of Negros
caused by the fault of the slave would be a Oriental, 12th Judicial District. 1967) 
liability of the hereditas jacens.  

 
47. In haec verba 
44. Hostis Humani Generis “the enemy of
mankind”  Definition: It means “in these words”
which refers to the exact words given in
Definition: in modern times, it is used to
the court.
refer to torturers.

Example: Pirates are often described as Example: On June 18, 1966, the Chief
hostis humani generias, as are terrorists. Executive signed into law House Bill
1247, known as Republic Act 4790, now
  in dispute. The body of the statute,
I reproduced in haec verba, reads:
(Bara Lidasan, Petitioner, Vs.
  Commission On Elections, 1967) 
45. In extremis 
 
Definition: The Latin term for facing 48. In limine 
imminent death.
Definition: It is a motion before the trial
Example: This act may be said to have begins.
been done in extremis, and, even if  
wrong, the sailing vessel is not Example: Now, if we have deigned to
responsible for the result. narrate the foregoing circumstances in
(G. Urrutia & Co.,, Vs. Baco River detail, it is but in obeisance to the
Plantation Co., M. Garza, 1913 ) doctrinal precepts set out in limine, one of
  which is that to warrant judicial
  condonation of a litigant's belated
46. In forma pauperis  compliance with the periods provided by
the rules or ordered by the court there
Definition: It is the permission given to a must be cogent reasons and equitable
person not to pay for court fees. considerations arguing in his favor.
  (Socorro Abella Soriano, Vs Court Of
Example: Acting on the petition to Appeals And Deogracias Reyes,1993) 
litigate in forma pauperis, the Court of
49. In pari delicto  52. In terrorem

Definition: The latin term for in equal Definition: It means, in fear which gives
fault, which means two or more people the notiom of being threatened or
involved are equally at fault. something of the same kind.

Example:  Under the pari delicto Example: Criminal statutes have general
doctrine, the parties to a controversy are in terrorem effect resulting from their
equally culpable or guilty, they shall have very existence, and, if facial challenge is
no action against each other, and it shall allowed for this reason alone, the State
leave the parties where it finds them. may well be prevented from enacting
(Desiderio Ranara, Jr., Petitioner Vs. laws against socially harmful conduct.
Zacarias De Los Angeles, Jr., (Alfredo T. Romualdez, Vs. The
Respondent, 2016)  Honorable Sandiganbayan (Fifth
Division) And The People Of The
  Philippines,2004) 
50. In personam   
53. Indicia 
Definition: It means a case directed
toward a specific person, Definition: It means signs, which gives
  the court the idea of probability on a
Example: Elumba further argues that the certain case.
action is one in personam and not in rem.  
Therefore venue may be laid in the place Example:  In addition, it asserted that the
where plaintiff or defendant resides at the Tax Declarations attached to the
option of plaintiff. application merely provided an indicia of
(G.R. No. L-49471993) possession, and not a conclusive proof of
ownership.
  (Republic Of The Philippines, Vs. Martin
T. Ng, 2013)
51. In Propria Persona 
 
Definition:  It means acting on one’s 54. Inter alia 
behalf.
Definition: It means among other things,
Example: Jose M. Aruego, the president usually found in legal pleadings.
and counsel of University Publishing  
Company, Inc., for the first time appeared Example: "The judge said, inter alia, that
in propria persona before this Court as a the time to file the action had passed."
"member of the Philippine Bar, private  
citizen." 55. Inter vivos trust
(Mariano A. Albert, Vs. The Court of
First Instance Of Manila (Br. Vi),
University Publishing Co., Inc., and Jose Definition: It is a declaration of trust,
M. Aruego, 1968)  most often in properties.
   
Example:On June 7, 1948, however, 58. Ignorantia Juris Non Excusa “
Juana Juan executed a donation inter Ignorance of the law is no excuse” 
vivos in favor of Emiliana Molo-Peckson
and Pilar Perez Nable of almost all of her Definition: Ignorance of the law is no
entire property leaving only about defence as the maxim is firmly grounded in
P16,000.00 worth of property for the criminal law and firmly excluded from the
devisees mentioned in the will realm of civil disputes.
(Resurreccion De Leon, Et Al., Vs.
Emiliana Molo-Peckson, Et Al.,1962) Example: The maxim ignorantia juris non
excusat has no relevance to the case of a
man seeking to recover back money paid by
him in misapprehension of his legal rights.
56. Ipse dixit 
 59. In Absentia  “In the absence of”
Definition: It refers to the person who
Definition: usually used in reference to
said the statement himself.
judgment or conviction against a person who
 
did not attend trial. 
Example: Thus, it is a shield against the Example: Although Nick did not attend
impetuosity of the judge, preventing him these proceedings, the courts determined
from deciding by ipse dixit. that Nick had proper notice and proceeded
(People Of The Philippines,Vs. The in absentia (sic).
Sandiganbayan (Fourth Division) And
Geronimo Z. Velasco 2002) 60. In Pari Materia “On the same subject
or matter : in a similar case”
 
57. Ipso facto  Example:  On cases involving statutes in
that jurisdiction which are in pari materia
Definition:  Latin term for by the fact with ours, yields the rule that after a divorce
itself. has been decreed. (G.R. No. 80116 June 30,
1989) 
 
Example:  Sec. 24. Candidate holding 61. In Rem 
elective office. Any elective provincial,
sub-provincial, city municipal, or Definition: related to the ownership of
municipal district officer running for an property and not based on any personal
office other than the one which he is relationship, as is the case with in personam
holding in a permanent capacity shall be rights
considered ipso facto resigned from his
office from the moment of the filling of Example: A judgment for divorce on the
his certificate of candidacy. grounds of adultery between A and B makes
(PRESIDENTIAL DECREE No. 1659 the issue of adultery res judicata. It is a
(Malacanang n.d.) ) judgment in rem; that is to say one that is
good not only between the parties and their
privies, but good as against the world and
this is so because it is a judgment affecting
status.
62. In Toto  “as a total or whole” property shall not be taken for public use
without just compensation" and in the
Example: This is an appeal by certiorari abundant jurisprudence that has evolved
under Rule 45 of the Rules of Court seeking from the interpretation of this principle.
to review and set aside the Decision1 of the (G.R. No. 78742 July 14, 1989)
respondent Court of Appeals in CA-G.R.
CV No. 24256 which affirmed in toto the 16  
October 1939 Decision of Branch 38 M
(Lingayen) of the Regional Trial Court
(RTC) of Pangasinan in Civil Case No. 66. Mala in se 
16503. (G.R. No. 97336 February 19, 1993)
Definition: It is regarded as evil or
63. Ipso jure “ by operation of law”
criminal itself.
Example: The act and warrant of  
confirmation in favour of the trustee shall Example: Generally, mala in se felonies
ipso jure transfer to and vest in him or any are defined and penalized in the Revised
succeeding trustee, for behoof of the Penal Code. When the acts complained of
creditors, absolutely and irredeemably as at are inherently immoral, they are deemed
the date of the sequestration, with all right, mala in se, even if they are punished by a
title, and interest, the whole property of the special law.
debtor. (Arsenia B. Garcia, Vs.Hon. Court Of
Appeals And The People Of The
J  Philippines, 2006) 
 

64. Jurisdiction
67. Malum in se 
Definition: the authority of a court or
official organization to make decisions and Definition: It means the act is wrong in
judgments  itself.
 
Example: And as established by judge made Example: murder, rape, burglary and
doctrine, the Court will assume jurisdiction robbery are malum in se, while violations
over a constitutional question only if it is of the Securities and Exchange Act or
shown that the essential requisites of a most "white collar crimes" are malum
judicial inquiry into such a question are first prohibitum.
satisfied (G.R. No. 78742 July 14, 1989)  

65. Jurisprudence 68. Mandamus – "we Order" 

Definition: Case law, or the legal decisions Definition: A writ of mandate ordering a
which have developed and which government body for action.
accompany statutes in applying the law  
against situations of fact Example: The Supreme Court having
heretofore adopted the practice of
Example: The limitation is found in the allowing its clerk to issue an order to
constitutional injunction that "private
show cause in every application for Definition: the necessary changes having
mandamus, without first presenting the been made.
same to the court or to some member
thereof, Justices McDonough and Example: For the above-quoted reason,
Johnson, being informed of such practice which are fully applicable to the petition at
in the above-entitled cause, opposed said bar, mutatis mutandis, there can be no
practice in the following opinion: question that President Corazon C. Aquino
(Francisco Garcia, ,Vs. John C. and Vice-President Salvador H. Laurel is the
Sweeney, Judge Of The Court Of First incumbent and legitimate President and
Instance Of Manila,1904)  Vice-President of the Republic of the
  Philippines. (G.R. No. 76180 October 24,
  1986)
69. Mens Rea 
 
N
Definition: The "guilty mind" necessary to
establish criminal responsibility
  72. Nisi prius 

Example: The secretary was proven to Definition: Latin term for unless first.
have mens rea based on the investigation.   
Example: The decision of the nisi prius
court is final, unless the right of appeal is
given by statute. The legislature may
70. Modus Operandi  “Method of provide that the judgments of the nisi
procedure” prius courts shall be final. 
(Antonio De La Cruz, Vs. Santiago
Garcia, 1905)
Definition: a distinct pattern or method of  
operation that indicates or suggests the work  
of a single criminal in more than one crime
73. Nolle prosequi 
Example: In their Answer with
Counterclaim, 20 petitioners insisted that Definition: The term for we shall no
respondent was involved in a scheme of longer prosecute a decision made by the
selling expired and bad order drugs which judge.
he was supposed to destroy; that  
respondent's modus operandi became the Example: This jurisdiction provincial
subject of three preliminary surveillance fiscals are not clothed with power,
conducted by the NBI. without the content of court, to dismiss or
dicit nolle prosequi criminal actions
actually instituted, and pending further
proceedings. 
71. Mutatis Mutandis “Things having been (The United States, Vs. Pedro Barredo,
changed that have to be changed”  Pedro Urea And Albino Sarmiento,
1915) 
 
74. . Nolo contendere   Example: The trial was interrupted due to
the lack of evidence and jury to help the
Definition: It is the plea of no contest. process and eventually proclaimed nunc
pro tunc. 
Example: An entity charged in a criminal   
proceeding pursuant to Section 14(a) and P
14(b) of this Act may enter a plea of Nolo
Contendere, in which he does not accept 78.. Per curiam 
nor deny responsibility for the charges but
agrees to accept punishment as if he had
pleaded guilty.  Definition: Latin for "by the court,"
(REPUBLIC ACT No. 10667, Congress
2014) 
  Example: The charges against the
  respondent was given and finalized per
75.  Non compos mentis  curiam.

Definition: Referring to someone who is 79. Prima facie 


insane or not mentally competent to
conduct one’s affairs. Definition: The term which means at first
  look. It refers to cases having sufficient
Example: The suspect was found non evidence.
compos mentis by the court and has
undergone different processes.  Example: Prima facie evidence is defined
  as: Evidence good and sufficient on its
76.  Non sequitur  face.
(Robert P. Wa-Acon, Vs. People Of The
Definition: Latin for "it does not follow." Philippines, 2006)
    
Example: The evidence presented during  
the trial was declared non sequitur by the
court.  80. Parens Patriae
 
77. Nunc pro tunc Definition: literally, father of the country.
Refers to the inherent jurisdiction of the
Definition: Latin for "now for then," this courts to make decisions concerning
refers to changing back to an earlier date of people who are not able to take care of
an order, judgment or filing of a document. themselves 
Such a retroactive re-dating requires a
court order which can be obtained by a Example:  It is significant that while the
showing that the earlier date would have State, as parens patriae, was added and
been legal, and there was error, accidental vested by the 1985 Rules of Criminal
omission or neglect which has caused a Procedure with the power to initiate the
problem or inconvenience which can be criminal action for a deceased or
cured. Often the judge will grant the nunc incapacitated victim in the aforesaid
  offenses. (G.R. No. 80116 June 30, 1989)
81.  Per Capita  “by the head”  day to six years, except when suspension is
imposed as an accessory penalty, in which
Definition: the proposed distribution of an case, its duration shall be that of the
estate of property to surviving specified principal penalty.
beneficiaries only and not, in the event of
pre-death of a beneficiary, to the heirs of the  
predeceased beneficiary.
Example: The penalty of prision
  correccional in its medium and maximum
degrees and a fine of not less than six
Example: In a per capita distribution, the hundred and twenty-five and not more than
estate is limited as to its course down six thousand two hundred and fifty pesetas
through heirs. shall be imposed upon any person who, by
means of threats, violence, or other
equivalent compulsion, shall force some
other person to perform an act of worship or
82. Per centum “percent”  prevent him from performing such act.
(Article 223 of the Penal Code )
Definition: a proportion in relation to a
whole (which is usually the amount per  
hundred). 
85. Pro Forma “ as a matter of form” 
Example: The fixed consideration for the
use of ricelands, shall not be more than the Definition: made or carried out in a
equivalent of twenty-five per centum in case perfunctory manner or as a formality.
of first class land and twenty per centum in
case of second class land of the average  Example: On December 15, 1975, she filed
gross produce, after deducting the same a petition to reconsider 10 the aforesaid
amount of palay used as seed and the cost of decision. Acting upon the petition, the
harvesting and threshing of the past three respondent Judge issued an order, dated
normal harvest. (G.R. No. L-32362 January 23, 1976, ordering the petitioner's
September 19, 1973) petition "stricken off" from the record for
being pro forma, which order was received
83. Per se   “by or of itself” by petitioner Carmelita Acosta Ofalia on
January 26, 1976. (G.R. No. L-42648
Example: The existing rule is that a breach September 30, 1978)
of promise to marry per se is not an
actionable wrong. (G.R. No. 97336 February  
19, 1993)
Q
 
 
84. Prisión correccional “suspension and  
destierro”  86. Quid pro quo 
Definition: the duration of the penalties of
prision correccional, suspension and Definition: Latin for "something for
destierro shall be from six months and one something,"
Definition:  Latin term for "having
Example: As a quid pro quo, however, knowledge.".
DBP required and secured the issuance by  
PMCI of six (6) postdated checks in the Example: Scienter can not be presumed
total amount of P3,000,000.00.  in this case because of the failure of the
(Polystyrene Manufacturing Company, prosecution to prove that the proscribed
Inc. Vs. Privatization And Management drug was "sold and delivered".
Office, 2007)  (People Of The Philippines ,Vs. Teresita
  Andrada Y Doria 1993) 
R

87. Res ipsa loquitur  90. Sine qua non

Definition: Latin for "the thing speaks for Definition:  Latin for "without which it
itself.” could not be," which is an indispensable
condition.
Example: As a rule of evidence, the  
doctrine of res ipsa loquitur is peculiar to Example: As unlawful aggression is a sine
the law of negligence which recognizes qua non requirement for appreciating the
that prima facie negligence.  plea of self-defense, the CA ruled that
(Malayan Insurance Co., Inc. Vs. Rodelio "absent unlawful aggression, there is no
Alberto And Enrico Alberto Reyes, 2012)  self-defense to speak of" (Sombol v.
  People of the Philippines, 2013). 
   
88. Res judicata 91. Subpena duces tecum 

Definition: It means that the issue of the Definition: An order from the court to face
court has already been done by another the hearing and bring documents.
court.  
Example: A certain senator received
Example: The CA held that res judicata Subpena duces tecum from the court
and splitting of a single cause of action regarding the malicious rent fee of from
were not committed based on the following one of his own establishment. 
reasons
(Riviera Golf Club, Inc., Vs. Cca Holdings,
B.V.,2015)  92. Sua Sponte “of one's own accord;
  voluntarily”
 
Definition: used to indicate that a court has
   taken notice of an issue on its own motion
S without prompting or suggestion from either
party.
 
89 . Scienter  Example: We need only state that the court
may raise the issue of primary jurisdiction
sua sponte and its invocation cannot be Example: Chief Justice Marshall met that
waived by the failure of the parties to argue suggestion by saying: "No question was
it. (G.R. No. 148106) made in that case as to the jurisdiction. It
passed sub silentio, and the court does not
consider itself as bound by that case
(McGirr v. Hamilton and Abreu, 1915). 
93. Sub judice. “Under a judge.”

Definition: A case that is before the bar for 96. Uberrima fides.  “The most abundant
determination, rather than one being settled good faith.” 
out of court.
Definition: Absolute and perfect candor
Example: Marantan submits that the openness and honesty; the absence of any
respondents violated the sub judice rule, concealment or deception, however slight. A
Remittitur • Sub judice 9 making them liable phrase used to express the perfect good
for indirect contempt under Section 3(d) of faith, concealing nothing, with which a
Rule 71 of the Rules of Court, for their contract must be made. 
contemptuous statements and improper
conduct tending directly or indirectly to Example: As an insurance contract is a
impede, obstruct or degrade the contract uberrima fides, it claims that it has
administration of justice (Marantan v. every right to rely on Alvarez's good faith in
Diokno and La’o, 2014) its dealing with him (The Insular Assurance
Co., Ltd. v. The heirs of Alvarez, 2018).

94. Sui juris. “Of one’s own right.” 


97.  Ubi supra.  “Where above
Definition:  Used to describe one who is no mentioned.” 
longer a dependent; having reached majority
and having full civil and social rights.  Definition: Marking reference to a passage
or page. 
Example: The petitioner not being a person
sui juris and being under a disability of law Example: It is further to be noticed that the
and of fact, in that he is under the control of language of Chief Justice Shaw in Barrows
his father, cannot renounce his Philippine vs. Bell, ubi supra, clearly implies that the
citizenship (Haw v. The Insular Collector of privilege claimed by the defendants does not
Customs, 1934).  protect them (Barretto v. Philippine
Publishing Co., 1915). 

95. Sub silentio. “Under the silence.” 


98. Ultimatum.  “The last.” 
Definition:  Without being taken. If a case is
decided against precedent, the newer case is Definition: The final and ultimate
said to have over-ruled the previous decision proposition made in negotiating a treaty, a
sub silentio.  contract, or the like. The word also means
the result of a negotiation, and it comprises
the final determination of a party concerned vires 10 activity may lead to its forfeiting its
in the matter in dispute. charter of incorporation. 

Example: On October 25, 1970, after its Example: Petitioner argues that the
ultimatum letter of October 12, 1970 for execution of the mortgage contract was ultra
union recognition had been unheeded by vires (University of Mindanao, Inc. v.
respondent, the union declared a strike and Bangko Sentral ng Pilipinas et al., 2016). 
picketed the company premises (Rustan
Supervisory Union et al. v. Dalisay and
Rustan Pulp and Paper Mills, Inc., 1971). 
100. Viz. “that is to say” 

Definition: used, especially in written


99.  Ultra vires. “In excess of or outside of English, when you want to give more detail
powers.” or be more exact about something you have
just written.
Definition: That which is beyond a
corporation’s or agency’s authorized power. Example: The central idea of the text viz.
A corporation’s ultra vires Sui juris • Ultra that crime rates are 60% higher than last
year.
References:
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People of the Philippines vs. Sandiganbayan Fourth District and Bienvenido A. Tan Jr., G.R. No.152532
(Supreme Court 2005) Retrieved from:
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The Writ of Habeas Corpus for Reynaldo de Villa ,June de Villa v. The Director, New Bilibid Prisons,
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People of the Philippines v. Hone Higinio Macadaeg, Hon, Potenciano Pecson, Hon. Ramon San Jose as
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