A Glossary of Legal Terms used in

the impeachment trial of Chief

Justice Renato Corona
Version as of May 29, 2012
AFFIRMATIVE DEFENSE
An allegation of new matter which, while admitting the material allegations of
the complaint, expressly or impliedly, would nevertheless prevent or bar
recovery by the plaintiff. (Sec. 5, Rule 6, Rules of Court)
ALIUNDE
The Latin aliunde means from another source; from elsewhere; from
outside. It is often used to refer to evidence given aliunde when meaning
cannot be derived from a document or instrument itself. In certain cases, a
written instrument may be explained by evidence aliunde e.g. the testimony of
a witness in conversations, admissions or preliminary negotiations. It is often
used to refer to evidence given aliunde when meaning cannot be derived from
a document or instrument itself.
BETRAYAL OF PUBLIC TRUST
– … The term ‘betrayal of public trust’ as explained by Commissioner
Romulo, is a catch-all phrase to include all acts which are not punishable by
statutes as penal offenses, but nonetheless, render the officer unfit to
continue in office.  It includes betrayal of public interest, inexcusable
negligence of duty, tyrannical abuse of power, breach of official duty by
malfeasance or misfeasance, cronyism, favoritism, etc., to the prejudice of
public interest and which tend to bring the office in to dispute.”
(Record of the Constitutional Commission, Proceedings and Debates, 272)
CERTIFICATE AUTHORIZING REGISTRATION
Certification issued by the Bureau of Internal Revenue (BIR) attesting that the
transfer of ownership of land, buildings or shares of stock arising from sale,
barter or exchange had been reported to the BIR and that taxes due have
been fully paid.
DOLO AND CULPA
Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but also by means
of fault (culpa).
There is deceit when the act is performed with deliberate intent; and there is
fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
(Article 3 of the Revised Penal Code)
EMOLUMENT
Fees, fixed salary, and compensation which the incumbent of an office is by
law entitled to receive because he holds such office or performed some
service required of the occupant thereof. (F.B. Moreno, Philippine Law
Dictionary [Manila, Vera-Reyes, Inc. 1988])
The term “emolument” includes salary, fees, compensation, perquisites,
pensions, and retirement benefits. (Philippine Constitution Association Inc. v.
Gimenez, 122 Phil 904)
EVIDENCE ALIUNDE
Such evidence other than those documents which the law requires to be
produced to be produced in court for its examination. (Reforma v. De Luna,
104 Phil 286)
EXPERT WITNESS
A person who by study or experience has acquired particular knowledge or
experience upon matters of technical knowledge or experience upon matters
ot technical knowledge and skill relating to a specific business or employment.
(Dilag & Co. V. Merced, 45 OG 5542)
GERRYMANDERING
A term employed to describe an apportionment of representative districts so
contrived as to give an unfair advantage to the party in power. (Ceniza v.
Commission on Elections, L-52304, January 28, 2980; 95 SCRA 775)
GRAVAMEN
In Civil law and as used and understood in ordinary legal parlance, a lien
and/or encumbrance is synonymous with “gravamen.” (Raminer v. Investment
& Development Inc., SP-08793, June 14, 1979)
JUDICIARY DEVELOPMENT FUND
Created by Presidential Decree No. 1949; a fund sourced from legal fees to
augment the allowances of the members and personnel of the Judiciary and
to finance the acquisition, maintenance, and repair of office equipment and
facilities.
MALVERSATION OF PUBLIC FUNDS
According to RA 1060: Malversation of public funds or property. —
Presumption of malversation. — Any public officer who, by reason of the
duties of his office, is accountable for public funds or property, shall
appropriate the same, or shall take or misappropriate shall consent, or
through abandonment or negligence, shall permit any other person to take
such public funds or property, wholly or partially, or shall otherwise be guilty of
the misappropriation or malversation of such funds or property.
MONTHLY ALPHALIST OF PAYEES 
A consolidated alphabetical list of income earners from whom taxes have
been withheld by the payor of income for a given return period and in whose
behalf, the taxes were remitted. It contains a summary of information on taxes
withheld and remitted through the monthly remittance returns showing, among
others, total amounts of income/gross sales/gross receipts and taxes withheld
and remitted.
MOTION
A application for relief other than by a pleading. –Sec 1, Rule 15, Rules of
Court
An application for an order not included in a judgment.
An application made to a court or judge for the purpose of obtaining a ruling or
order directing some act to be done in favor of the applicant.
MOTION FOR RECONSIDERATION
The purpose of a motion for reconsideration is to point out the findings and
conclusions of the decision which, in the movant’s view, are not supported by
law or the evidence. The movant is, therefore, very often convined to the
amplification or further discussion of the same issues already passed upon by
the court. – Siy v. Court of Appeals 138 SCRA 543
NET WORTH METHOD
A method used in determining the taxable income of a perso, based upon the
general theory that money and other assets in cess of liabilities of a taxpayer
(after an accurate and proper adjustment of non-deductible items) not
accounted for by his income tax returns, leads to the inference that part of his
income has not been reported. (Perez v. Court of Tax Appeals, 103 Phil 1167)
PETITION
A petition in common phrase is a request in writing and, in legal language,
describes an application to a court in writing, in contradiction to a motion
which may be made viva voce. (verbally) – Mendoza v. Hahn
PLEADING
Pleadings are written statements of the respective claims and defenses of the
parties submitted to the court for appropriate judgment. –Sec. 1 Rule 6, Rules
of Court
PRIMA FACIE EVIDENCE
Such as establishes a fact, and, unless revutted or explained by the
evidencee, becomes conclusive, and is to be considered as if fully proved.
(People v. Nuque, 58 0G 8445)
Evidence which, standing alone unexplained or uncontradicted, is sufficient to
maintain the proposition affirmed. It is such as, in judgement of law, is
sufficient to establish the fact; and, if not rebutted, remains sufficient for that
purpose (People v. Solis, 64 OG 11260; 12 C.A.R. (2s) 287
RES JUDICATA
Latin for “the thing has been decided” and pertains to the principle that a final
judgment of a competent court is conclusive upon the parties in any
subsequent litigation involving the same cause of action.
SALN
Statement of Assets and Liabilities. Every public officer, after assuming office,
and within the month of January of every other year thereafter, as well as
upon the expiration of his term of office, or upon his resignation or separation
from office, shall prepare and file with the office of the corresponding
Department Head, or in the case of a Head of Department or chief of an
independent office, with the Office of the President, or in the case of members
of the Congress and the officials and employees thereof, with the Office of the
Secretary of the corresponding House, a true detailed and sworn statement of
assets and liabilities, including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses and the amount of
income taxes paid for the next preceding calendar year: Provided, That public
officers assuming office less than two months before the end of the calendar
year, may file their statements in the following months of January.
(Anti-Graft And Corrupt Practices Act Sec. 7)
SPECIAL ALLOWANCE FOR THE JUDICIARY
Created by Law (RA 9227), granting additional compensation in the form of
special allowances for justices, judges and all other positions in the judiciary
with the equivalent rank of justices of the court of appeals and judges of the
regional trial court equivalent to 100 percent of the basic monthly specified for
their respective salary grades; sourced from from legal fees.
SUBPOENA
A process directed to a person requiring him to attend and to testify at the
hearing or the trial of an action, or at any investigation conducted by
competent authority, or for the taking of his deposition.  -Sec. 1 Rule 21,
Rules of Court
A coercive process issued by the court or judge, stating the name of the court
and the title of the action or investigation , directed to a person and requiring
him to attend the hearing on the trial of an action, at a stated date, time and
place. –Filipino Merchants Insurance Co. V. Medina, 78 OG 3136
SUBPOENA AD TESTIFICANDUM
A process to compel the attendance of a person in court so that he may give
testimony therein  -Rizal Surety & Insurance Co. V. Ramos
SUBPOENA DUCES TECUM
A process directed to a person requiring him to bring with him any books,
documents, or other things under his control, and to testify at the hearing or
the trial of an action, or at any investigation conducted under the law. –Sec. 1
Rule 21, Rules of Court
ULTIMATE FACT
Information essential to a plaintiff’s right of action or a defendant’s assertion of
a defense.