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-AA. Abbrev. of the Roman word, absolvo, which means to absolve or to acquit from criminal liability. A contrario. Lat. On the contrary. [People v. Flores, 237 SCRA 662]. A contrario sensu. Lat. 1. From tDhe contrary sense. 2. On the other hand. A converso. Lat. Conversely. A fortiori. Lat. More effective; with greater reason. A gratis argumentis. Lat. For the sake of argument. A mensa et thoro. Lat. From bed and board. A quo. Lat. From which. A court a quo is a court from which a cause has been removed. A sensu contrario. Lat. In a contrary sense. See also A contrario sensu. A vinculo matrimonii. Lat. Of marriage. 1. The term is now used to refer to a final and permanent divorce. 2. The Civ. Code of the Phils., now in force, does not admit absolute divorce, quo ad vinculo matrimonii; and in fact it does not even use that term, to further emphasize its restrictive policy on the matter, in contrast to the preceding legislation [Act 2710] that admitted absolute divorce on grounds of adultery of the wife or concubinage of the husband. [Tenchavez v. Escao, GR L-19671. Nov. 29, 1965]. Ab. Lat. Away from.

Ab inconvenienti. Lat. From an inconvenient thing. Ab initio. Lat. 1. From the start [or beginning]. A term that means from the beginning, at first. or from the inception. [Camid v. Office of the Pres., 448 SCRA 711 (2005)]. For example, a marriage that is void ab initio is void from the beginning. Ab intestato. Lat. By intestacy. The term refers to laws governing the succession of property after its previous owner dies without a valid will. Ab posse ad actu non vale illatio. Lat. "A proof that an act could have been done is no proof that it was actually done." [Roman Cath. Bishop of Malolos v. IAC, GR 72110. Nov. 16, 1990]. Abandon. To forsake entirely; to forsake or renounce utterly. [Dela Cruz v. Dela Cruz, GR L-19565, Jan. 30, 1968]. Abandoned. 1. Having been deserted or cast off. 2. Remaining empty or unused; having been left for good. Abandoned child. 1. A child who has no proper parental care or guardianship, or whose parent(s) have deserted him/her for a period of at least 3 continuous months, which includes a founding. [Sec. 2, RA 9523]. 2. A child who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least 6 continuous months and has been judicially declared as such. [Sec. 3, RA 8552; Art. 141, PD 603]. Compare with Dependent child and Neglected child. Abandoned Children. Health Ins. Children who have no known family willing and capable to take care of them and

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are under the care of the DSWD, orphanages, churches and other institutions. [Sec. 3, RA 10606]. Abandoned or Idle land. 1. Any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately prior to the receipt of notice of acquisition by the govt. as provided under the Comprehensive Agrarian Reform Law of 1988 [RA 6657], but does not include land that has become permanently or regularly devoted to nonagricultural purposes. [Sec. 3, RA 6657]. 2. Lands devoted to any crop at least one year prior to the notice of expropriation, but which were not utilized by the owner for his benefit for the past 5 years prior to such notice of expropriation. [Sec. 166, RA 3844]. Abandonee. A party to whom a right or property is abandoned or relinquished by another. Abandoning a minor. Crim. Law. The felony committed by anyone who shall abandon a child under 7 years of age, the custody of which is incumbent upon him. [Art. 276, RPC]. Abandonment. Labor. An employer defense against the change of illegal or constructive dismissal. To exist, however, it is essential that (a) the employee must have failed to report for work or must have been absent without justifiable reason; (b) there must have been a clear intention to sever the employeremployee relationship manifested by some over acts. [Philamgen v. Gramaje, 442 SCRA 274]. Abandonment. Labor. Elements: (a) The failure to report for work or absence without valid or justifiable reason, and (b) a clear intention to sever the employer-employee relationship, with the 2nd element as the more determinative factor and being manifested by some overt acts. [De Ysasi III v. NLRC, 231 SCRA 173 (1994)]. Abandonment. Mar. Ins. The act of the insured by which, after a constructive total loss, he declares the relinquishment to the insurer of his interest in the thing insured. [Sec. 138, IC]. Abandonment of domicile and acquisition of a new one called domicile of choice. Requisites: (a) Residence or bodily presence in the new locality, (b) intention to remain there or animus manendi, and (c) an intention to abandon the old domicile or animus non revertendi. [Romualdez v. RTC Tacloban City, 226 SCRA 408, 415]. Abandonment of land dedicated to public use. Elements: (a) Intention to relinquish the right or property, but without intending to transfer title to any particular person; and (b) the external act which such intention is carried into effect. [Defensor-Santiago v. Ramos, PET 001. Feb. 13, 1996]. Abandonment of minor by person entrusted with his custody; indifference of parents. Crim. Law. The felony committed by anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities, or by the parents who

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shall neglect their children by not giving them the education which their station in life require and financial conditions permit. [Art. 277, RPC]. Abandonment of office or position. 1. Crim. Law. The felony committed by any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service. [Art. 238, RPC]. 2. Admin. Law. The voluntary relinquishment of an office by the holder, with the intention of terminating his possession and control thereof. [Sang. Bayan of San Andres, Catanduanes v. CA, GR 118883. Jan. 16, 1998]. 3. A species of resignation; while resignation in general is a formal relinquishment, abandonment is a voluntary relinquishment through nonuser. [Ibid.]. Abandonment of person in danger and abandonment of one's own victim. Crim. Law. The felony committed by any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense; or by anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured; or by anyone who, having found an abandoned child under 7 years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. [Art. 275, RPC]. Abandonment of the thing. It consists of the voluntary renunciation of all the rights which a person may have in a thing, with the intent to lose such thing. By virtue of the abandonment, the thing is left without owner or possessor. To be effective, it is necessary that it be made by a possessor in the concept of owner. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 304]. Abandonment of the wife. To constitute abandonment of the wife by the husband, as the term is used in Art. 178 of the Civ. Code, there must be absolute cessation of marital relations and duties and rights, with the intention of perpetual separation. The abandonment must not only be physical estrangement but also amount to financial and moral desertion. [Dela Cruz v. Dela Cruz, GR L19565. Jan. 30, 1968]. Abandonment of work. Labor. Essential requirements: (a) Failure to report for work or absence without valid or justifiable reason; and (b) clear intention to sever the employer-employee relationship x x x manifested by some overt acts. [Henlin Panay Co. v. NLRC, GR 180718, Oct. 23, 2009]. Abandonment of work. Labor. The deliberate, unjustified refusal of the employee to resume his employment. The burden of proof is on the employer to show a clear and deliberate intent on the part of the employee to discontinue employment without any intention of returning. Mere absence is not sufficient. [FRF Enterprise v. NLRC, GR 105998. Apr. 21, 1995]. Abate. To do away with a problem, such as a public or private nuisance or some structure built contrary to public policy. Abatement. 1. A reduction in some amount that is owed, usu. granted by the person to whom the debt is owed. 2.

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Any act that would remove or neutralize a fire hazard. [Sec. 3, RA 9514]. Abatement of a fire hazard. Any act that would remove or neutralize a fire hazard. [Sec. 3, PD 1185]. Abatement of a nuisance. The removal or termination or destruction of something that has been found to be a nuisance. Abatement of action. A suit which has been quashed and ended. Abattoir or Slaughterhouse. Premises that are approved and registered by the controlling authority in which food animals are slaughtered and dressed for human consumption. [Sec. 4, RA 9296]. ABC. See Approved budget for the contract. Abduct. To carry off by force; kidnap. Abduction. 1. The taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her. [People v. Crisostomo, 46 Phil. 780]. 2. Taking someone away from a place without that person's consent or by fraud. See also Kidnapping. Aberratio ictus. Lat. Accidental harm to a person. Crim. Law. 1. Mistake in the identity of the victim. [People v. Pinto, GR 39519. Nov. 21, 1991]. 2. Miscarriage of the blow. [People v. Atillano, GR 109131-33. Oct. 3, 1994]. 3. Mistake in the blow, characterized by aiming at one but hitting the other due to imprecision in the blow. [People v. Sabalones, GR 123485, Aug. 31, 1998]. Compare with Error in personae or Error en la persona. Abet. The act of encouraging or inciting another to do a certain thing, such as a crime. Ability to read intelligently. The capacity to know or apprehend; to discover or understand by characters, marks, features, etc.; to gather the meaning. Abnegate. To renounce or reject something desired or valuable. Abnegation. Denial, a renunciation, selfdenial. [People v. Bacalso, 3159-R, 30 Sept. 1950]. Abogado. Sp. Lawyer or attorney- at-law. That class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. [Cui v. Cui, GR L18727. Aug. 31, 1964]. Abolition of a position. It does not involve or mean removal for the reason that removal implies that the post subsists and that one is merely separated therefrom. [Arao v. Luspo, 20 SCRA 722 (1967)]. Abortifacient. Any drug or device that induces abortion or the destruction of a fetus inside the mothers womb or the prevention of the fertilized ovum to reach and be implanted in the mothers womb upon determination of the FDA. [Sec. 4, RA 10354]. Abortion. The knowing destruction of the life of an unborn child or the intentional expulsion or removal of an unborn child from the womb other than for the principal purpose of producing a live birth or removing a dead fetus.

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Abortion. Elements: (a) That there is a pregnant woman who has suffered an abortion; (b) that the abortion is intended; and (c) that the abortion is caused by (1) the pregnant woman herself; (2) any other person, with her consent; or (3) any of her parents, with her consent for the purpose of concealing her dishonor. [Under Art. 258, RPC]. Abortion practiced by a physician or midwife and dispensing of abortives. Crim. Law. The felony committed by any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same, or by any pharmacist who, without the proper prescription from a physician, shall dispense any abortive. [Art. 259, RPC]. Abortion practiced by the woman herself or by her parents. Crim. Law. The felony committed by a woman who shall practice abortion upon herself or shall consent that any other person should do so, or by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor. [Art. 258, RPC]. Abortionist. A person who criminally produces abortions, or one who follows the business or practices the crime of producing abortion. Abot-Kaya. Tag. Affordable. Within reach. Abot-Kaya Pabahay Fund (AKPF). A Fund created by virtue of RA 6846 under the trusteeship of the Natl. Home Mortgage Finance Corp. (NHMFC) which was later amended by RA 7835 to implement a continuing program of social housing and enhance government's efforts to make low-cost housing affordable to low income families. It has 2 components: (a) amortization support whereby funds are made available for low income families to assist them in paying their housing loans; and (b) development financing where fund are utilized to support private developers, NGOs and landowners in providing affordable housing packages to lowincome families. About. Near in time, quantity, number, quality or degree. Substantially, approximately, almost, or nearly. Abrasion. A scraping or rubbing off. Abreaction. Relieving of suppressed emotion as by talking about it. [People v. Valdemoro, 16159-CR, 30 July 1979]. Absence. The legal status of a person who has absented himself from his domicile and whose whereabouts and fate are unknown, it not being known with certainty whether he is still living or not. [Jurado, Civ. Law Reviewer, 19th Ed. (1999), p. 260]. See Provisional absence and Declared absence. Absence of inconsistency test. Evid. A test [in determining whether or not there is identity of causes of action as to warrant the application of the principle of res judicata] where it is determined whether the judgment sought will be inconsistent with the prior judgment. [Sps. Torres v. Medina, GR 166730, Mar. 10, 2010]. If no inconsistency is shown, the prior judgment shall not constitute a bar to subsequent actions. [Agustin v. Delos Santos, GR 168139, Jan. 20, 2009]. Compare with Same evidence test.

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Absence of jurisdiction. See Without jurisdiction. Absent. Missing; lacking; wanting. Absent spouse. 1. A spouse who has been missing for at least 4 years, it being unknown whether or not he or she is still alive, and the present spouse having a well-founded belief that the missing spouse is already dead. This is a defense against prosecution for a bigamous marriage. [Art. 41, FC]. 2. The prior spouse who had been absent for 4 consecutive years and whom the spouse present reasonably believed to be already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Arts. 391 of the Civ. Code, an absence of only 2 years shall be sufficient. [Navarro v. Domagtoy, AM MTJ96-1088. July 19, 1996]. Absent Without Leave. Absent from one's post but without intent to desert. See AWOL. Absentee. A person whose whereabouts and existence are not known in the sense of the law allowing a subsequent marriage and for purposes of administration of the estate of the absentee and of succession. [Bench Book for Trial Court Judges, p. 3-4]. Absentee voters, National registry of. The consolidated list prepared, approved and maintained by the Comelec, of overseas absentee voters whose applications for registration as absentee voters, incl. those registered voters who have applied to be certified as absentee voters, have been approved by the Election Registration Board. [Sec. 3, RA 9189]. Absentee voting. The process by which qualified citizens of the Phils.s abroad exercise their right to vote. [Sec. 3, RA 9189]. Absenteeism. The practice of regularly staying away from work or school without good reason. Absoluta sententia expositore non indiget. Lat. When the language of the law is clear, no explanation of it is required. Absolute. Complete and unconditional; final. Absolute community of property. A system of property relation that treats properties acquired by the spouses during their marriage as jointly-owned. It consists of all the properties owned by the spouses at the time of the celebration of the marriage or acquired thereafter unless the property involved is expressly excluded by an existing marriage settlement or by the provisions of the law. It is the default property regime of the spouses In the absence of a marriage settlement or if one is considered void. Absolute community regime. [A regime entered into by a couple where] the husband and the wife becomes joint owners of all the properties of the marriage. Whatever property each spouse brings into the marriage, and those acquired during the marriage [except those excluded under Art. 92 of the Fam. Code] form the common mass of the couple's properties. And when the couple's marriage or community is dissolved, that common mass is divided bet. the spouses, or their respective heirs, equally or in the proportion the parties have established, irrespective of

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the value each one may have originally owned. [Quiao v. Quiao, GR 176556, July 4, 2012]. Compare with Conjugal Partnership of Gains Regime. Absolute community, System of. The absolute community of property bet. spouses shall commence at the precise moment that the marriage is celebrated and shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. [Arts. 88 and 91, FC]. Absolute defense. A factual circumstance or argument that, if proven, will end the litigation in favor of the defendant. See Complete defense. Absolute indorsement. Nego. Inst. One by which the indorser binds himself to pay upon no other condition than the failure of prior parties to do so and upon due notice to him of such failure. Absolute pardon. A pardon that reaches both the punishment prescribed for the offense and the guilt of the offender. When the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is an innocent as if he had never committed the offense. If granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity. [In re: Lontok 43 Phil. 293, Apr. 7, 1922]. Compare with Conditional pardon. Absolute poverty. The condition of the household below the food threshold level. [Sec. 3, RA 8425]. Absolute privilege. An absolute defense to an otherwise defamatory statement because of the venue or context in which the statement was made. Absolute privilege doctrine. Doctrine that protects communications made by individuals participating in a public function, such as executive, legislative, judicial or quasi-judicial proceedings. Absolute simulation of a contract. 1. It takes place when the parties do not intend to be bound at all. [Art. 1345, CC]. 2. An absolutely simulated or fictitious contract is void. [Art. 1346, CC]. Absolute sovereign immunity. The rule that a foreign state is immune from all types of suits. Absolute title. A non-contestable title to a thing. Also known as Title in fee simple. Absolutely privileged communication. One in respect of which, by reason of the occasion on which, or the matter in reference to which, it is made, no remedy can be had in a civil action, however hard it may bear upon a person who claims to be injured thereby, and even though, it may have been made maliciously. [Sison v. David, GR L-11268. Jan. 28, 1961]. Compare with Conditionally or Qualifiedly privileged communication. Absorb. It is synonymous with the words "assimilate" or "incorporate" and which, in business parlance, means "to take over." [Razon v. Sec. of Labor, GR 85867. May 13, 1993]. Absorbed company. The constituent company whose corporate existence is dissolved as a result of the merger or

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consolidation. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. Absorbing or Acquiring company. The surviving company, in case of merger, or the newly formed company, in case of consolidation. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. Absorption of common crimes doctrine. Also called Hernandez doctrine. The rule enunciated in People v. Hernandez [99 Phil. Rep 515 (1956)] that the ingredients of a crime form part and parcel thereof, and hence, are absorbed by the same and cannot be punished either separately therefrom or by the application of Art. 48 of the Rev. Penal Code. [Enrile v. Amin, GR 93335, Sept. 13, 1990]. It held that the crime of rebellion under the Rev. Penal Code of the Phils. is charged as a single offense, and that it cannot be made into a complex crime. Absorption system. [The system of penalty where] the lesser penalties are absorbed by the graver penalties. [This is] observed in the imposition of complex crimes (Art. 48, RPC), continuing crimes, and specific crimes like robbery with homicide, etc. Compare with Material accumulation system and Judicial accumulation system. Abstract of title A chronological summary of all official records and recorded documents affecting the title to a parcel of real property. Abuelos maternos. Sp. Maternal grandparents. [Velasquez v. Velasquez, 54709-R, 13 Oct. 1977). See also Abuelos paternos. Abuelos paternos. Sp. Paternal grandparents. [Velasquez v. Velasquez, 54709-R, 13 Oct. 1977]. See Abuelos maternos. Abus de droit. Fr. Abuse of right. A civil law principle of abuse of right due to a flagrant act of a creditor or the possessor of a thing. Abuse. To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use. To make an extravagant or excessive use, as to abuse one's authority. [Salalima v. Guingona, GR 117589-92. May 22, 1996]. Abuse of confidence or Obvious ungratefulness. Crim. Law. An aggravating circumstance under Art. 14 (4) of Rev. Penal Code which can be appreciated only if the following requisites are present: (a) The offended party had trusted the offender; (b) the offender abused such trust; and (c) such abuse facilitated the commission of the crime. [People v. Luchico, 49 Phil. 689]. See also Unfaithfulness. Abuse of judicial discretion. A discretion by a judge to an end or purpose not justified by and clearly against reason and evidence. Abuse of right. A person may be liable for harm caused by doing something which one, nevertheless, has a right to do, if the right was: (a) principally intended to cause harm; (b) or was used without a legitimate, interest justifying judicial protection; (c) or was used in bad faith; (d) or was contrary to basic rules of morality or fairness.

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Abuse of right principle. Requisites: (a) The defendant should have acted in a manner that is contrary to morals, good customs or public policy; (b) the acts should be willful; and (c) there was damage or injury to the plaintiff. [Custodio v. CA, GR 116100. Feb. 9, 1996]. Abuse of superior strength. Crim. Law. 1. It contemplates a situation of strength notoriously selected or taken advantage of by an aggressor in the commission of the crime. [People v. Escoto, GR 91756, May 11, 1995]. 2. [This] is present whenever there is a notorious inequality of forces bet. the victim and the aggressor/s that is plainly and obviously advantageous to the aggressor/s and purposely selected or taken advantage of to facilitate the commission of the crime. [People v. Daquipil, GR 86305-06, Jan. 20, 1995]. Abuse of superiority. Crim. Law. 1. The excess of the aggressors natural strength over that of the victim, considering the position of both and the employment of means to weaken the defense, although not annulling it. The aggressor must have taken advantage of his natural strength to insure the commission of the crime. [People v. Salcedo, GR 178272. Mar. 14, 2011]. 2. The taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. [People v. Apduhan, Jr., GR L-19491, Aug. 30, 1968]. Abuses against chastity. Crim. Law. The felony committed by: (a) any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or (b) any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. [Art. 245, RPC]. Abuso de confianza. Sp. Abuse of confidence. [US v. Chu Chang, 06 Phil. 75]. See also Abuso deshonestos. Abuso deshonestos. Sp. Act of lasciviousness. [People v. Aguinaldo, 34 O.G. 1898]. Abusos deshonestos. Sp. Abuse of chastity. [US v. Mendez, GR L-6483. Mar. 11, 1911]. Academic failure. An academic subject in which the student has failed. Academic freedom. The right of the school or college to decide for itself, its aims and objectives, and how best to attain them - the grant being given to institutions of higher learning - free from outside coercion or interference save possibly when the overriding public welfare calls for some restraint. [Tangonan v. Judge Pao, 221 Phil. 601, 612 (1985)]. Academic non-teaching personnel. Those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff. [Sec. 6, BP 232]. Accelerated judgment. A procedural technique to promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions and affidavits on record, or

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for weeding out sham claims or defenses at an early stage of the litigation to avoid the expense and loss of time involved in a trial. Its object is to separate what is formal or pretended in denial or averment from what is genuine and substantial so that only the latter may subject a party in interest to the burden of trial. [Sps. Agbada v. Inter-Urban Developers, Inc., GR 144029, 19 Sept. 2002]. See Summary judgment. Accelerated training. Basic skills training of a short-term nature for jobs with a defined level of qualifications. This usu. refers to a rapid paced, condensed vocational training to fill immediate manpower needs. [Sec. 1, Rule 1, Book 2, IRR of LC]. Acceleration clause. 1. A clause which renders the whole debt due and demandable upon the failure of the obligor to comply with certain conditions. 2. A clause in a contract that states that if a payment is missed, or some other default occurs [such as the debtor becoming insolvent], then the contract is fully due immediately. This is a typical clause in a loan contract; miss one payment and the agreement to pay at regular intervals is voided and the entire amount becomes due and payable immediately. Acceptance. Civ. Law. 1. The manifestation by the offeree of his assent to the terms of the offer which must in other words meet or be identical at all points of the offer. [Diaz, Bus. Law Rev., 1991 Ed., p. 65]. 2. The taking and receiving of anything in good faith with the intention of retaining it. Acceptance. 1. Nego. Inst. An acceptance completed by delivery or notification. [Sec. 191, NIL]. 2. Succ. The act by virtue of which an heir, legatee or devisee manifests his desire in accordance with the formalities prescribed by law to succeed to the inheritance, legacy or devise. 3. It may be an express acceptance made in a public or private document, or a tacit acceptance resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. [Art. 1049, CC]. Compare with Repudiation. Acceptance for honor. Nego. Inst. An undertaking by a stranger to a bill after protest for the benefit of any party liable thereon or for the honor of the person whose account the bill is drawn which acceptance inures also to the benefit of all parties subsequent to the person for whose honor it is accepted, and conditioned to pay the bill when it becomes due if the original drawee does not pay it. Acceptance of a bill. Nego. Inst. The signification by the drawee of his assent to the order of the drawer; this may be done in writing by the drawee in the bill itself, or in a separate instrument. [Prudential Bank v. IAC, GR 74886. Dec. 8, 1992]. Accepted unilateral promise. An offer which specifies the thing to be sold and the price to be paid and, when coupled with a valuable consideration distinct and separate from the price, is what may properly be termed a perfected contract of option. This contract is legally binding, and in sales, it conforms with the 2nd par. of Art. 1479 of the Civ. Code. [Equatorial Realty v. Mayfair Theater, GR 106063. Nov. 21, 1996].

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Access. 1. A means of approaching or entering a place. 2. Carnal access; carnal knowledge; sexual intercourse. Access device. Any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds [other than a transfer originated solely by paper instrument]. [Sec. 3, RA 8484]. Access device fraudulently applied for. Any access device that was applied for or issued on account of the use of falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation. [Sec. 3, RA 8484]. Access Devices Regulation Act of 1998. RA 8484 entitled An Act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties and for other purposes enacted on Feb. 11, 1998. Accessible. 1. Able to be reached or entered. 2. Able to be easily obtained or used. Accessible polling place. The venue where the Board of Election Inspectors [BEIs] conducts election-related proceedings and where the voters cast their votes. The accessible polling place shall he located at the ground floor, preferably near the entrance of the building, and is free of any physical barriers and provided with necessary services, incl. assistive devices. [Sec. 2, RA 10366]. Accessing entity. Any submitting entity or any other entity authorized by the Credit Information Corp. to access basic credit data from the Corp. [Sec. 3, RA 9510]. Accessio cedit principali. Lat. The accessory follows the principal. Accession. 1. Intl. Law. The process whereby a non-signatory State later becomes a party to a treaty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 10611062]. 2. Prop. The right to all which ones own property produces, and the right to that which is united to it by accession, either naturally or artificially. Accession continua. The acquisition of ownership over a thing incorporated to that which belongs to the owner. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 98]. Accession discreta. The extension of the right of ownership to the products of a thing. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 98]. Accessions. Fruits of a thing or additions or improvements upon a thing, or the right pertaining to the owner of a thing over its products and whatever is incorporated thereto, either naturally or artificially. [Diaz, Bus. Law Rev., 1991 Ed., p. 5]. Accessories. 1. Prop. Things joined to the principal thing for the latters embellishment or to make the latter more perfect. 2. Parts of a firearm which may enhance or increase the operational efficiency or accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as, hut not limited to, laser scope, telescopic sight

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and sound suppressor or silencer. [Sec. 3, RA 10591]. Accessorium sequitur principale. Lat. Accessory follows the principal. [Morando v. Rovia, 2 A.C.R. 815]. Accessory. Crim. Law. 1. A person who, having knowledge of the commission of the crime, and without having participated therein, either as a principal or an accomplice, takes part subsequent to its commission by concealing or destroying the body of the crime, or the effects or instruments thereof in order to prevent its discovery. [Art. 19, RPC]. 2. A person who assists in the commission of a crime, either before or after the fact. Accessory obligation. That attached to a principal obligation in order to complete the same or take its place in the case of breach. [SSS v. Moonwalk Devt. & Housing Corp., GR 73345, Apr. 7, 1993]. Accessory penalties. Crim. Law. Those deemed included in the imposition of the principal penalty. Accident. 1. [A] fortuitous circumstance, event, or happening, an event happening without any human agency, or if happening wholly or partly through human agency, an event which under the circumstances is unusual and unexpected by the person to whom it happens x x x. The word may be employed as denoting a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence, that causes injury, loss, suffering or death; some untoward occurrence aside from the usual course of events. [NFD Intl. Manning Agents, Inc. v. Illescas, GR 183054, Sept. 29, 2010]. 2. An event that takes place without one's foresight or expectation, an event that proceeds from an unknown cause, or is an unusual effect of a known case, and therefore not expected. An accident is an event which happens without any human agency or, if happening through human agency, an event which, under the circumstances, is unusual to and not expected by the person to whom it happens. It has also been defined as an injury which happens by reason of some violence or casualty to the insured without his design, consent, or voluntary cooperation. [Sun Ins. v. CA, GR 92383. July 17, 1992]. Accident. Elements: (a) performance of a lawful act; (b) with due care; (c) producing an injury by mere accident; and (d) without any fault or intention of causing it. [People v. Utrela, GR L-38172. July 15, 1981]. Accident insurance. See Casualty insurance. Accidental. That which happens by chance or fortuitously, without intention and design and which is unexpected, unusual and unforeseen. [De La Cruz v. Capital Ins., 17 SCRA 559]. Accidental spills. Spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding. [Sec. 62, PD 1152]. Accin de reivindicacion. An action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. It is different from ac-

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cion interdictal or accion publiciana where plaintiff merely alleges proof of a better right to possess without claim of title. See Accin reivindicatoria. Accin directa. Direct action [not a subrogatory one] by the creditor against the debtors debtor. [Arts. 1652, 1729, 1893, 1608, CC; Syyap v. Asian Surety & Ins. Co., 19 C.A.R. (2s) 998]. Accin hipotecaria. Real action to foreclose a lien or mortgage. [Sunico v. Ramirez, 14 Phil. 504]. Accin in rem verso. Action for recovery of what has been paid without just cause. [Frenzel v. Catito, GR 143958. July 11, 2003]. Accin in rem verso. Essential elements to prosper: (1) that the defendant has been enriched, (2) that the plaintiff has suffered a loss, (3) that the enrichment of the defendant is without just or legal ground, and (4) that the plaintiff has no other action based on contract, quasicontract, crime or quasi-delict. [Shinryo (Phils.) Co., Inc. v. RRN Inc., GR 172525, Oct. 20, 2010]. Accin in rem verso. Requisites: (a) One party must be enriched and the other made poorer; (b) there must be a casual relation bet. the 2; (c) the enrichment must not be justifiable; (d) there must be no other way to recover; and (e) the indemnity cannot exceed the loss or enrichment, whichever is less. [Under Art. 22, CC]. Accin indirecta. Indirect action. Also refer to Action subrogatoria and Accion directa. Accin interdictal. Action to recover physical possession of property, which could be brought within one year, in a summary proceeding, for forcible entry or detainer. [Bishop of Cebu v. Mangaron, 06 Phil. 290; and Reyes v. Sta. Maria, L-33213, 29 June 1979]. See Accion publiciana. Accin negatoria. Right of a landowner to defend the free dominion of his tenement. [North Sugar Co. v. Hidalgo, 63 Phil. 707]. This is an action in Roman law and the ancient Sp. procedural law. Accin pauliana. Action to rescind contract under Art. 1387 of the Civ. Code where one alienates property by gratuitous title but fails to reserve property to pay all debts contracted before the donation. [Cabanig v. Pangga, 50251-R, 15 Nov. 1977). Also Rescissory action. [Arts. 1177 and 1381, CC]. Accin plenaria de posesion. Also Accin publiciana. 1. An ordinary civil proceeding to determine the better right of possession of realty independently of title. [Bishop of Cebu v. Mangaron, 6 Phil. 286, 291 (1906); Ledesma v. Marcos, 9 Phil. 618, 620 (1908)]. 2. An ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty. [Encarnacion v. Amigo, GR 169793, Sept. 15, 2006; Lopez v. David, Jr., GR 152145, Mar. 30, 2004]. Accin publiciana. Also Accin interdictal. 1. The plenary action to recover the right of possession when dispossession was effected by means other than those mentioned in Rule 70 of the Rules of Court. Under these circumstances, a plenary action may be brought before the RTC. [Jalbuena De Leon v. CA, GR 96107. June 19, 1995]. 2. Action where

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plaintiff merely alleges proof of a better right to possess without claim of title. [Javier v. Veridiano, GR L-48050. Oct. 10, 1994]. Accin quanti minoris or estimatoria. An action to demand a proportionate reduction of the price, with damages. [Art. 1567, CC]. Accin reinvindicatoria. Also Accin de reinvindicacion. 1. An action to recover ownership, incl. the recovery of possession, which should be filed in the RTC. [Jalbuena De Leon v. CA, GR 96107. June 19, 1995]. 2. Action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. [GR L-48050. Oct. 10, 1994 ]. Accin reivindicacion. Action to recover real property incl. the jus utendi [use] and jus fruendi [fruits]. [Reyes v. Sta. Maria, L-33213, 29 June 1979]. Accin reivindicatoria. A suit that has for its object ones recovery of possession over the real property as owner. [Hilario v. Salvador, GR 160384, 29 Apr. 2005, 457 SCRA 815, 824-825]. Accin subrogatoria. Indirect action or subrogatory action. Also Subrogatory action. [Art. 1177, CC; See also Arts. 1729 and 1893, CC]. Accommodate. To do a favor or service for; oblige. Accommodation. Nego. Inst. A legal arrangement under which a person called the accommodation party lends his name and credit to another without any consideration. Accommodation guarantor. Nego. Inst. A person who signs on the back of a note as such and who is therefore only secondarily liable. Accommodation maker. Nego. Inst. A person primarily liable on the instrument, even though he adds the word surety to his signature or the fact that he signed for accommodation is known to the holder. Accommodation note. Nego. Inst. A note to which the accommodating party has put his name without consideration for the purpose of accommodating some other party who is to use it and is expected to pay it. [Maulini v. Serrano, GR 8844. Dec. 16, 1914]. Accommodation party. Nego. Inst. 1. A person one who has signed an instrument as maker, drawer, acceptor of indorser without receiving value therefor, but is held liable on the instrument to a holder for value although the latter knew him to be only an accommodation party. [Sec. 29, NIL]. 2. A person liable on the instrument to a holder for value, notwithstanding such holder, at the time of the taking of the instrument knew him to be only an accommodation party. In lending his name to the accommodated party, the accommodation party is in effect a surety for the latter. He lends his name to enable the accommodated party to obtain credit or to raise money. He receives no part of the consideration for the instrument but assumes liability to the other parties thereto because he wants to accommodate another. [Phil. Bank of Commerce v. Aruego, 102 SCRA 530, 539, 540]. Accommodation party. Nego. Intst. Requisites: To be an accommodation party, a person must (a) be a party to the instrument, signing as maker, drawer, ac-

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ceptor, or indorser, (b) not receive value therefor, and (c) sign for the purpose of lending his name for the credit of some other person. [Crisologo-Jose v. CA, GR 80599. Sep. 15, 1989]. Accomplice. Crim. Law. 1. A person who, not being principal as defined in Art. 17 of the Rev. Penal Code, cooperates in the execution of the offense by previous or simultaneous acts [Art. 18, RPC]. 2. A partner in a crime; A person who knowingly and voluntarily participates with another in a criminal activity. Accomplice. Crim. Law. Requisites to be considered as such: (a) Community of design, i.e., knowing that criminal design of the principal by direct participation, he concurs with the latter in his purpose; (b) he cooperates in the execution of the offense by previous or simultaneous acts; and, (c) there must be a relation bet. the acts done by the principal and those attributed to the person charged as accomplice. [People v. Jorge, GR 99379. Apr. 22, 1994]. Accord. An official agreement or treaty. See Agreement. Accordingly. 1. In a way that is appropriate to the particular circumstances.2. Consequently; therefore. Account. A record of financial transactions for an asset or individual, such as at a bank, brokerage, credit card company, or retail store. Account stated. An account rendered to a debtor who receives it without objection and who promises to pay it. As such, its correctness can no longer be impeached except for fraud and mistake. Accountability. The measure of remedies that should be addressed to those who exhibited involvement in the enforced disappearance without bringing the level of their complicity to the level of responsibility defined above; or who are imputed with knowledge relating to the enforced disappearance and who carry the burden of disclosure; or those who carry, but have failed to discharge, the burden of extraordinary diligence in the investigation of the enforced disappearance. [Razon v. Tagitis, GR 182498, Dec. 3, 2009]. Compare with Responsibility. Accountable. Required or expected to justify actions or decisions; responsible. Accountable officer. Individual required to maintain accounting, incl. records thereof, of property and funds, whether public or quasi-public. The accountable officer may or may not have physical possession of the property or funds. Accountancy. The profession or duties of an accountant. Accountancy practice. It shall constitute in a person, be it in his individual capacity, or as a partner or staff member in an accounting or auditing firm, holding out himself as one skilled in the knowledge, science, and practice of accounting, and as qualified to render professional services as a certified public accountant; or offering or rendering, or both, to more than one client on a fee basis or otherwise, services such as the audit or verification of financial transactions and accounting records; the preparation, signing, or certification for clients of reports of audit, balance sheets, and other financial accounting and related schedules, exhibits, statements, or reports

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which are to be used for publication or for credit purposes, or to be filed with a court or govt. agency, or to be used for any other purpose; the installation and revision of accounting system, the preparation of income tax returns when related to accounting procedures; or when he represents clients before govt. agencies on tax matters related to accounting or renders professional assistance in matters relating to accounting procedures and the recording and presentation of financial facts or data. [Sec. 3, PD 692]. Accountant. A person whose job is to keep or inspect financial accounts. Accounting. The action or process of keeping financial accounts. Accounting period. The fiscal or calendar year adopted by a homeowners association in the recording and reporting of its fiscal transactions. [Sec. 3, RA 9904]. Accounts payable. Money owed by a company to its creditors. Accounts receivable. Money owed to a company by its debtors. Accredit. 1. To acknowledge. [GSIS v. CSC, GR 98395. Oct. 28, 1994]. 2. The power of the NMIS to give authority to (a) any meat establishment engaged in the slaughtering operation, preparation, processing, manufacturing, storing, or canning of meat and meat products for commerce, (b) any importer, exporter, broker, trader or meat handler (c) any meat vehicle or conveyance (d) any person firm, corporation as provider of government services such as independent or 3rd party service providers, or independent or audit agencies; [Sec. 4, RA 9296]. Accreditation. The procedure by which a government agency having jurisdiction formally recognizes the competence of an inspection and/or certification body to provide inspection and certification services. [Sec. 3, RA 10068]. Accredited dual training system agricultural, industrial and business establishments. Also Agricultural, industrial and business establishments. A sole proprietorship, partnership, corporation or cooperative which is duly recognized and authorized by the appropriate authority to participate in the dual training system educational institution. [Sec. 4, RA 7686]. Accredited dual training system educational institution or training center. A public or private institution duly recognized and authorized by the appropriate authority, in coordination with the business and industry, to participate in the dual training system. [Sec. 4, RA 7686]. Accredited employees' organization. A registered organization of the rank-andfile employees recognized to negotiate for the employees in an organizational unit headed by an officer with sufficient authority to bind the agency. [EO 180]. Accredited Professional Organization (APO). The professional organization duly accredited by the concerned Professional Regulatory Board and the Professional Regulation Commission. Accredited rural financial institution. Any financial institution accredited by the BSP whose portfolios are substan-

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tially agri-agra related as defined by the IRR. [Sec. 3, RA 10000]. Accretion. 1. Intl. Law. The increase in the land area of the state, either through natural means or artificially through human labor. [Sandoval, Pol. Law Reviewer 2003]. 2. Prop. (a) A mode of acquiring property under Art. 457 of the Civ. Code. (b) The increase or accumulation of land by natural causes, as out of a lake or river. (c) The imperceptible and gradual addition to land by the slow action of water. See Alluvion. Accretion. Prop. Requisites: (a) That the deposition of soil or sediment be gradual and imperceptible; (b) that it be the result of the action of the waters of the river [or sea]; and (c) that the land where accretion takes place is adjacent to the banks or rivers [or the sea coast]. [Meneses v. CA, 246 SCRA 374 (1995)]. Accretion. Succ. A right by virtue of which, when 2 or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-devisees, or co-legatees. [Art. 1015, CC]. Accrual. Accumulation; the act of accumulating. Accrual accounting. An accounting method that measures the performance and position of a company by recognizing economic events regardless of when cash transactions occur. Accrual rate. The rate of interest that is added to the principal of a financial instrument bet. cash payments of that interest. For example, a 6-month bond with interest payable semiannually will accrue daily interest during the 6-month term until it is paid in full on the date it becomes due. Accruals. Accounts on a balance sheet that represent liabilities and non-cashbased assets used in accrual-based accounting. These accounts include, among many others, accounts payable, accounts receivable, goodwill, future tax liability and future interest expense. Accrue. The ability for something to accumulate over time. In finance, "accrue" is most commonly used when referring to interest, income and expenses of an individual or business. Accrued. Periodically accumulated over time. Accrued depreciation. The total depreciation claimed, to date, on a property. It is an entry on the balance sheet and is supposed to properly reflect that the property is becoming less valuable with the passage of time. See Accumulated depreciation. Accrued expense. An accounting expense recognized in the books before it is paid for. It is a liability, and is usu. current. These expenses are typically periodic and documented on a company's balance sheet due to the high probability that they will be collected. Accrued income. Income that is earned in a fund or by company by providing a service or selling a product, but has yet to be received. Accrued interest. Interest which has fallen due but remains unpaid.

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Accumulate. To gather or pile up; amass. Accumulated depreciation. Total depreciation on a tangible asset accumulated up to a specified date. This amount is subtracted from the original cost or valuation of the asset to arrive at its book value. Accumulated depreciation amount represents only the expired value of an asset; it is neither cash nor any other type of asset that can be used to buy another asset. Also called Accrued depreciation. Accumulated depreciation on appraisal. Also termed as Observed depreciation. The accumulated depreciation based on the appraised or appraisal value per appraiser's report. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Accusation. 1. A charge or claim that someone has done something illegal or wrong. 2. The action or process of making such a charge or claim. Accuse. 1. Charge [someone] with an offense or crime. 2. Claim that [someone] has done something wrong. Accused. The name for the defendant in a criminal case. Acknowledge. Accept or admit the existence or truth of. Acknowledged. Recognized or made known or admitted. Acknowledged natural children. Natural children duly acknowledged or recognized by the father and mother jointly, or by only one of them. Acknowledgment. An act in which an individual on a single occasion: (a) appears in person before the notary public and presents an integrally complete instrument or document; (b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules; and (c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. [Sec. 1, Rule II, AM 02-8-13SC]. Acknowledgment of receipt. A documented verification that goods have been received or services have been rendered. Typically, the acknowledgement is indicated by the recipient's signature on a bill of lading, an invoice or another form. Acquiesce. To consent or comply passively or without protest. Acquiescence. 1. Allowing too much time to pass since a person had knowledge of an event which may have allowed him to have legal recourse against another, implying that he waived his rights to that legal recourse. 2. Action or inaction which binds a person legally even though it was not intended as such. Acquire. To gain by any means, usu. by ones own exertions. To take on as a part of ones nature or qualifications. To attain, procure, win, earn, secure or obtain.

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Acquired. 1. Bought or obtained for oneself [as an asset or object]. 2. Learned or developed [as a skill, habit, or quality]. Acquired asset corporation. A corporation: (a) which is under private ownership, the voting or outstanding shares of which were: (i) conveyed to the Govt. or to a govt. agency, instrumentality or corporation in satisfaction of debts whether by foreclosure of otherwise, or (ii) duly acquired by the Govt. through final judgment in a sequestration proceeding; or (b) which is a subsidiary of a govt. corp. organized exclusively to own and manage, or lease, or operate specific physical assets acquired by a GFI in satisfaction of debts incurred therewith, and which in any case by law or by enunciated policy is required to be disposed of to private ownership within a specified period of time. [Sec. 2, RA 7656]. Acquired citizenship. Citizenship conferred at birth on children born abroad to a Filipino citizen parent or parents. Acquired Immune Deficiency Syndrome (AIDS). A condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body's immune system, making the afflicted individual susceptible to other life-threatening infections. [Sec. 3, RA 8504]. Acquisition. 1. An asset or object bought or obtained, typically by a library or museum. 2. An act of purchase of one company by another. Acquisition through adverse possession of public lands. Requisites: 1. The land applied for must be an alienable and disposable public land; and 2. the claimants, by themselves or through their predecessors-in-interest, have been in open, continuous, exclusive, and notorious possession and occupation of the land since June 12, 1945 or earlier. [Rep. v. Divinaflor, 402 Phil. 498, 507-508 (2001)]. Acquisitive prescription. Civ. Law. The acquisition of ownership and other real rights through the lapse of time. Acquisitive prescription. Civ. Law. Requisites: For prescription to set in, the possession must be: (a) adverse, (b) continuous, (c) public and (d) to the exclusion of all. [Corpuz v. Padilla, GR L18099 & L-18136. July 31, 1962]. Acquit. 1. Free [someone] from a criminal charge by a verdict of not guilty. 2. Conduct oneself or perform in a specified way. Acquittal. Crim. Law. 1. It is always based on the merits, that is, the defendant is acquitted because the evidence does not show that defendant's guilt is beyond reasonable doubt; but dismissal does not decide the case on the merits or that the defendant is not guilty. [Malanyaon v. Lising, GR L-56028. July 30, 1981]. 2. The legal certification of the innocence of a person who has been charged with a crime, setting the person free from a charge of guilty by a finding of not guilty. 3. A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty. Compare with Dismissal. Acreedor meramente escriturarion. Sp. Creditor evidenced by a written instrument. [Diez v. Delgado, 37 Phil. 405].

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Act. Crim. Law. As used in Art. 3 of the Rev. Penal Code, the term must be understood as "any bodily movement tending to produce some effect in the external world." [People v. Gonzales, GR 80762. Mar. 19, 1990]. Act. Intl. Law. Sometimes termed a Final act or Protocol de cloture, it is an instrument which records the summary of a diplomatic conference. It reproduces the treaties, conventions or resolutions agreed upon by the participants of the conference. This is also termed as a General act. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Act. Pol. Law. 1. An expression of will or purpose. It may denote something done as a legislature, incl. not merely physical acts, but also decrees, edicts, laws, judgments, resolves, awards, and determinations. [Garcia v. Comelec, GR 111230. Sep. 30, 1994]. 2. A bill which has passed through the various legislative steps required for it and which has become law, as in an act of Congress. Synonymous to Statute, Legislation or Law. Act of God. 1. An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever. Insurance contracts often exclude Acts of God from the list of insurable occurrences as a means to waive their obligations for damage caused by typhoons, floods or earthquakes. 2. A natural disaster the occurrence of which cannot be foreseen or prevented, such as earthquakes, typhoons, tsunamis, floods, etc. Also Fortuitious event or Force majeure. Act of God doctrine. The doctrine embodying the principle that strictly requires that the act must be one occasioned exclusively by the violence of nature and all human agencies are to be excluded from creating or entering into the cause of the mischief. When the effect, the cause of which is to be considered, is found to be in part the result of the participation of man, whether it be from active intervention or neglect, or failure to act, the whole occurrence is thereby humanized, as it were, and removed from the rules applicable to the acts of God. [Napocor v. CA, GR 103442-45. May 21, 1993]. Act of State. A sovereign act of government which cannot be the subject of a suit or be actionable in law. Act of State doctrine. Intl. Law. The doctrine holding that the act of a govt. within the boundaries of its own territory is not subject to judicial scrutiny in a foreign municipal court. A municipal court will decline to hear a dispute based on such acts if to do so would interfere with the conduct of the forum state's foreign policy. Act tending to prevent the meeting of the Assembly and similar bodies. Crim. Law. The felony committed by any person who, by force or fraud, prevents the meeting of the Natl. Assembly [now Congress of the Phils.] or of any of its committees or sub-committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. [Art. 143, RPC, as reinstated by EO 187]. Acta jure gestionis. Lat. Acts by right of management. Activities of a commercial nature carried out by a foreign State or one of its subdivisions or agencies.

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However, the acts are not immune from the jurisdiction and process of local courts under the modern doctrine of restrictive foreign sovereign immunity. Acta jure imperii. Lat. Acts by right of dominion. Activities of a governmental or public nature carried out by a foreign State or one of its subdivisions. Acta jure imperii also qualifies for state immunity under the modern doctrine of restrictive foreign sovereign immunity. Acting. Holding a temporary rank or position, or performing services temporarily. Actio in personam. See Action in personam. Actio in rem. See Action in rem. Actio non datur non damnificato. Lat. No right of action is given when no injury is sustained. [Metropolitan Bank v. Tan, L-46539, June 25, 1986]. Actio personalis moritur cum persona. Lat. Personal action terminates or dies with the person. [Santos v. Sec. of Labor, L-21624, 27 Feb. 1968]. Actio personalis moritur cum persona; actio personalis in haeredem non datur, nisi forte ex damno locupletior haeres factus sit. Lat. A personal right of action dies with the person. A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong. [Petralba v. Sandiganbayan, GR 81337. Aug. 16, 1991]. Action. Rem. Law. 1. An ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prevention or redress of a wrong. [Sec. 1, Rule 2, RoC]. 2. It includes counterclaim, setoff, and suits in equity as provided by law. [Sec. 58, Act 2137]. 3. The legal demand of one's right, or rights; the lawful demand of one's rights in the form given by law; a demand of a right in a court of justice; the lawful demand of one's right in a court of justice; the legal and formal demand of one's rights from another person or party, made and insisted on in a court of justice; a claim made before a tribunal; an assertion in a court of justice of a right given by law; a demand or legal proceeding in a court of justice to secure one's rights; the prosecution of some demand in a court of justice; the means by which men litigate with each other; the means that the law has provided to put the cause of action into effect. [Gutierrez Hermanos v. De la Riva, 46 Phil. 827, 834-835]. 4. Anti-Red Tape Law. The written approval or disapproval made by a govt. office or agency on the application or request submitted by a client for processing. [Sec. 4, RA 9485]. Action de in rem verso. See Accin in rem verso. Action for injunction. A suit which has for its purpose the enjoinment of the defendant, perpetually or for a particular time, from the commission or continuance of a specific act, or his compulsion to continue performance of a particular act. [Manila Banking Corp. v. CA, GR 45961, July 3, 1990]. Action for reconveyance. An action in personam available to a person whose property has been wrongfully registered under the Torrens system in anothers name. X x x. As a remedy, [it] is filed as an ordinary action in the ordinary courts of justice and not with the land registration court. Reconveyance is always

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available as long as the property has not passed to an innocent 3rd person for value. [Heirs of Lopez, Sr. v. Enriquez, GR 146262, Jan. 21, 2005]. Action in ejectment. Rem. Law. The term includes a suit of forcible entry [detentacion] or unlawful detainer [desahucio]. [Sering v. Plazo, GR L-49731. Sep. 29, 1988]. Action in personam. Lat. Rem. Law. 1. A personal action seeking redress against a particular individual. An action against a person on the basis of his personal liability. [Hernandez v. Rural Bank of Lucena, 76 SCRA 85]. 2. An action against the person, founded on a personal liability. In contrast to action in rem, an action for the recovery of a specific object, usu. an item of personal property. Action in rem. Lat. Rem. Law. 1. An action for the recovery of the very thing. An action against the thing itself, instead of against the person. [Hernandez v. Rural Bank of Lucena, 76 SCRA 85]. 2. Proceeding against the thing as compared to personal actions [in personam]. Usu. a proceeding where property is involved. Action inter partes. Lat. Action bet. the parties. Action that concerns principally 2 parties. [Venzon v. Phil. Pacific Trade, Inc., SP- 11066-R, 03 Dec. 1980]. Action quasi in rem. Lat. Rem. Law. An action which while not strictly speaking an action in rem partakes of that nature and is substantially such. The action quasi in rem differs from the true action in rem in the circumstance that in the former an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property. All proceedings having for their sole object the sale or other disposition of the property of the defendant, whether by attachment, foreclosure, or other form of remedy, are in a general way thus designated. The judgment entered in these proceedings is conclusive only bet. the parties. [Banco Espaol Filipino v. Palanca, 37 Phil. 921, 928 (1918)]. Actionable. A matter or action that creates a ground, i.e., a cause of action, or a suit at law. Actionable claims. Claims which can be enforced only by an action or suit, e.g., debt. Actionable document. Rem. Law. A written instrument upon which the action or defense is based. [Sec. 7, Rule 8, RoC]. Actionable negligence. A violation of the duty to use care. Actionable per se. Legally sufficient to support a lawsuit in itself. Words are actionable per se if they are obviously insulting and injurious to one's reputation. Actionable wrong. A violation of law. [Vales v. Villa, 35 Phil. 788]. Active. Moving, doing, or functioning. Active fishing gear. A fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bag nets, paaling, drift gill net and tuna longline. [Sec. 4, RA 8550].

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Active ingredient. The chemical component responsible for the claimed therapeutic effect of the pharmaceutical product. [Sec. 3, RA 6675]. Active mining area. Areas under actual exploration, development, exploitation or commercial production as determined by the DENR Sec. after the necessary field investigation or verification incl. contiguous and geologically related areas belonging to the same claim owner and/or under contract with an operator, but in no case to exceed the maximum area allowed by law. [Sec. 3, RA 7076]. Active search. A prying into hidden places for that which is concealed. [Padilla v. CA, GR 121917. Mar. 12, 1997]. Active solidarity. It consists in the authority of each creditor to claim and enforce the rights of all, with the resulting obligation of paying every one what belongs to him; there is no merger, much less a renunciation of rights, but only mutual representation. [Quiombing v. CA, GR 93010. Aug. 30, 1990]. It is a kind of solidarity where there are several creditors and only one debtor. [Diaz, Bus. Law Rev., 1991 Ed., p. 24]. Compare with Passive solidarity. Active subject. The person who can demand the performance of the obligation, otherwise known as the creditor or obligee. [Torres, Oblig. & Cont., 2000 Ed., p. 24]. Compare with Passive subject. Activism. The policy or action of using vigorous campaigning to bring about political or social change. Activist. One advocating or engaged in activism. Activist school. Group of 3rd World theorists who argue that international law reflects the interests of developed states to the detriment of developing states and who advocate action by the latter to change it. Acto nulo. Sp. Void act; an act declared void. [Mun. of Camiling v. Lopez, 99 Phil. 189]. Acto segundo. Sp. In a successive or continued action. [Villanueva v. Ramirez, 56577-R, Mar. 27, 1978]. Actor qui contra regulam quid adduxit, non est audiendus. Lat. Plaintiff is not to be heard who has advanced anything against authority. [Formalego v. Penano, 10563-C.A.R., 30 July 1980]. Actor rei forum sequitur. Lat. The plaintiff must follow the forum of the thing in dispute. A fundamental principle of Roman origin which holds that in suits in personam and those relating to movables, courts of the domicile of the defendant have general jurisdiction. [Montalban v. Maximo, GR L-22997, Mar. 15, 1968]. The more precise term is Actor sequitur forum rei. Actor sequitur forum rei. Lat. Plaintiff must sue in the court of the domicile of the defendant. [Montalban v. Maximo, L22997, 05 Mar. 1968]. Actor sequitur forum rei. Lat. The actor [or performer] must follow the forum of the thing in dispute. Actore non probante reus absolvitur. Lat. When the plaintiff does not prove his case, the defendant is absolved. Acts. Those certain acts which Art. 407 of the Civ. Code authorizes [to be entered]

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in the civil registry [such as legitimations, acknowledgments of illegitimate children and naturalization], events [such as births, marriages, naturalization and deaths]. [Silverio v. Rep., GR 174689, Oct. 22, 2007]. Acts by right of dominion. Acta jure imperii. Activities of a governmental or public nature carried out by a foreign State or one of its subdivisions, which qualify for State immunity under the modern doctrine of restrictive foreign sovereign immunity. Acts by right of management. Acta jure gestionis. Activities of a commercial nature carried out by a foreign State or one of its subdivisions or agencies, which acts are not immune from the jurisdiction and process of local courts under the modern doctrine of restrictive foreign sovereign immunity. Acts contra bonus mores. Lat. Act against good morals. Loss or injury willfully caused by any person to another in a manner that is contrary to morals, good customs or public policy for which the former shall compensate the latter for the damage. [per Art. 21, CC]. Acts contra bonus mores. Elements: (a) There is an act which is legal; (b) but which is contrary to morals, good custom, public order, or public policy; (c) and it is done with intent to injure. [Albenson Enterprises Corp. v. CA, GR 88694. Jan. 11, 1993]. Acts mala in se. Crim. Law. Acts wrong in themselves. In acts mala in se, the intent governs. [Dunlao v. CA, GR 111343. Aug. 22, 1996]. Compare with Acts mala prohibita. Acts mala prohibita. Crim. Law. Acts which would not be wrong but for the fact that positive law forbids them. In acts mala prohibita, the only inquiry is, has the law been violated? [US v. Go Chico, 14 Phil. 134]. Compare with Acts mala in se. Acts merely tolerated. Those which by reason of neighborliness or familiarity, the owner of property allows his neighbor or another person to do on the property; they are generally those particular services or benefits which one's property can give to another without material injury or prejudice to the owner who permits them out of friendship or courtesy. [Sarona v. Villegas, GR L22984. Mar. 27, 1968]. Acts of lasciviousness. Crim. Law. The felony committed by any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in Art. 335 of the Rev. Penal Code. [Art. 336, RPC]. Acts of lasciviousness. Crim. Law. Elements: (1) That the offender commits any act of lasciviousness or lewdness; (2) that it is done: (a) by using force and intimidation or (b) when the offended party is deprived of reason or otherwise unconscious, or (c) when the offended party is under 12 years of age; and (3) that the offended party is another person of either sex. [People v. Bon, GR 149199. Jan. 28, 2003]. Acts of lasciviousness committed against a child. Crim. Law. Essential elements: 1. The accused commits the act of sexual intercourse or lascivious conduct; 2. the said act is performed with a child exploited in prostitution or

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subjected to other sexual abuse; 3. the child whether male or female, is below 18 years of age. [People v. Larin, GR 128777, Oct. 7, 1998]. Acts of torture. See Torture, Acts of. Actual. Something real, or actually existing, as opposed to something merely possible, or to something which is presumptive or constructive. [Salaysay v. Ruiz Castro, 98 Phil. 385 (1956)]. Actual case. Also Actual controversy. An existing case or controversy that is appropriate or ripe for determination, not conjectural or anticipatory. [Garcia v. Exec. Sec., 204 SCRA 516, 522 (1991)]. Actual controversy. An actual dispute that can be legally resolved, as opposed to a hypothetical or theoretical conflict created for the sake of attaining an advisory opinion. Actual damages. Also Compensatory damages. Adequate compensation to which a person is entitled only for such pecuniary loss suffered by him as he has duly proved, except as provided by law or by stipulation [Art. 2199, CC]. Actual delivery. Also Real delivery. 1. The placement of the thing sold in the control and possession of the vendee. [Art. 1497, CC]. 2. Delivery where physical possession is given to the vendee or his representative. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993]. 3. Sales. The ceding of corporeal possession by the seller, and the actual apprehension of corporeal possession by the buyer or by some person authorized by him to receive the goods as his representative for the purpose of custody or disposal. [Andrada v. Argel, 65 OG 1054]. Compare with Constructive delivery. Actual, direct and exclusive use of the property for charitable purposes. The direct and immediate and actual application of the property itself to the purposes for which the charitable institution is organized. It is not the use of the income from the real property that is determinative of whether the property is used for tax-exempt purposes. [Lung Center of the Phils. v. Quezon City, GR 144104, June 29, 2004]. Actual fraud. 1. Intentional fraud; it consists in deception, intentionally practiced to induce another to part with property or to surrender some legal right, and which accomplishes the end designed. [Berico v. CA, GR 96306, Aug. 20, 1993]. 2. The intentional omission of fact required by law to be stated in the application or willful statement of a claim against truth. It may also constitute specific acts intended to deceive or deprive another of his right, but lack of actual notice of the proceedings does not itself establish fraud. [Alba v. Dela Cruz, 17 Phil. 49]. Compare with Constructive fraud and Positive fraud. Actual loss. Mar. Ins. A loss may be presumed from the continued absence of a ship without being heard of. The length of time which is sufficient to raise this presumption depends on the circumstances of the case. [Sec. 132, IC]. Actual possession. 1. [It] consists in the manifestation of acts of dominion over [a piece of land] of such a nature as a party would naturally exercise over his own property. [Rep. v. Alconaba, 471 Phil. 607 (2004)]. 2. Possession as a fact or

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physical possession. Compare with Constructive possession. Actual restraint. This occurs when a person is deprived of liberty or otherwise in the custody of the person making the arrest. Actual service. Civ. Serv. 1. The period of continuous service since the appointment of the official or employee concerned, incl. the period or periods covered by any previously approved leave with pay. Leave of absence without pay for any reason other than illness shall not be counted as part of the actual service rendered: Provided, that in computing the length of service of an employee paid on the daily wage basis, Saturdays, Sundays or holidays occurring within a period of service shall be considered as service although he did not receive pay on those days inasmuch as his service was not then required. [Sec. 28, Rule XVI, Omnibus Rules Implementing Book V of EO 292]. 2. The period of time for which pay has been received, excluding period covered by terminal leave. [Sec. 3, PD 985]. Actual total loss. Ins. Loss caused by: (a) a total destruction of the thing insured; (b) the irretrievable loss of the thing by sinking, or by being broken up; (c) any damage to the thing which renders it valueless to the owner for the purpose for which he held it; or (d) any other event which effectively deprives the owner of the possession, at the port of destination, of the thing insured. [Sec. 130, IC]. Compare with Constructive total loss. Actual use. The purpose for which the property is principally or predominantly utilized by the persons in possession of the property. [Sec. 3, PD 464]. Actus ipsa loquitur. Lat. Let the act speak for itself. Actus me invito factus non est meus actus. Lat. An act done by me against my will is not my act. [People v. Salvatierra, GR 111124. June 20, 1996]. Actus non facit reum, nisi mens sit rea. Lat. 1. An act is not criminal unless the mind is criminal. [People v. Quijada, GR 115008-09. July 24, 1996]. 2. The act itself does not make a man guilty unless his intentions were so. [U.S. v. Elvina, 24 Phil. 233; People v. Pacana, 47 Phil. 55]. Acute conjunctivitis. Sore eyes. Ad. Lat. Near; at. Ad arguendo. Lat. A hypothetical argument. [Chamber of Fil. Retailers, Inc. v. Villegas, L-29819, 14 Apr. 1972]. Ad cautelam. Lat. As a precaution. A document that is not necessary, but is filed just in case. Ad hoc. Lat. For this purpose; for a specific purpose. Ad infinitum. Lat. Forever; without limit; indefinitely. Ad interim. Lat. In the meantime or for the time being. Thus, an officer ad interim is one appointed to fill a vacancy, or to discharge the duties of the office during the absence or temporary incapacity of its regular incumbent. [PLM v. IAC, GR L-65439. Nov. 13, 1985].

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Ad litem. Lat. For the suit. A person appointed only for the purposes of prosecuting or defending an action on behalf of another such as a child or mentallychallenged person. Also called a Guardian ad litem. Ad proximum antedecens fiat relatio nisi impediatur sentencia. Lat. Relative words refer to the nearest antecedent, unless it be prevented by the context. [Abella v. Comelec, GR 100710. Sep. 3, 1991]. Ad ultimam vim terminorum. Lat. To the most extended import of the terms. In a sense as universal as the terms will reach. [Caia v. CA, GR 114393, Dec. 15, 1994]. Ad valorem. Lat. Acc. to value. Ad valorem property tax. A tax invariably based upon ownership of property, and is payable regardless of whether the property is used or not, although of course the value may vary in accordance with such factor. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968]. Ad valorem tax. 1. A levy on real property determined on the basis of a fixed proportion of the value of the property. [Sec. 3, PD 464]. 2. An excise tax based on selling price or other specified value of the article. [Comm. of Int. Rev. v. Mobile Phil. Inc., GR 104920. Apr. 28, 1994]. Compare with Specific tax. Ada. Customary law. [Art. 7, PD 1083 (Code of Muslim Personal Laws of the Phils.)]. Adapt. To make suitable to or fit for a specific use or situation. To become adapted. Adaptation. The adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities. [Sec. 3, RA 10121; Sec. 3, RA 9729]. Adaptive capacity. The ability of ecological, social or economic systems to adjust to climate change incl. climate variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof. [Sec. 3, RA 9729]. Addendum. An attachment to a written document. Additional. Added, extra, or supplementary to what is already present or available. Additional evidence. Such evidence allowed to be offered (a) when it is newly discovered, or (b) where it has been omitted through inadvertence or mistake, or (c) where the purpose of the evidence is to correct evidence previously offered. [Lopez v. Liboro, GR L-1787. Aug. 27, 1948]. Address. The direction for delivery of a letter; the name or description of a place of residence, business, etc., where a person may be found or communicated with. [Lim Sih Beng v. Rep., GR L23387. Apr. 24, 1967]. Addressee. A person who is intended by the originator to receive the electronic data message or electronic document, but does not include a person acting as an intermediary with respect to that

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electronic data message or electronic data document. [Sec. 5, RA 8792]. Adequate. Satisfactory or acceptable in quality or quantity. Adequate remedy. A remedy which is equally beneficial, speedy and sufficient, not merely a remedy which at some time in the future will bring about a revival of the judgment of the lower court complained of in the certiorari proceeding, but a remedy which will promptly relieve the petitioner from the injurious effects of that judgment and the acts of the inferior court or tribunal. [Silvestre v. Torres, 57 Phil. 885]. Adhere. 1. Stick fast to [a surface or substance]. 2. Believe in and follow the practices of. Adherence. 1. The process or condition of adhering. 2. Faithful attachment; devotion, as in adherence to the rule of law. Adherence of jurisdiction. Rem. Law. 1. The principle that once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction. 2. The doctrine holding that [e]ven the finality of the judgment does not totally deprive the court of jurisdiction over the case. What the court loses is the power to amend, modify or alter the judgment. Even after the judgment has become final, the court retains jurisdiction to enforce and execute it [Echegaray v. Sec. of Justice, 301 SCRA 96]. Also called Continuity of jurisdiction. Adherence to judicial precedents. Also called Stare decisis. [The] doctrine [that] enjoins adherence to judicial precedents. It requires courts in a country to follow the rule established in a decision of its Sup. Court. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. [Phil. Guardians Brotherhood, Inc. (PGBI) v. Comelec, GR 190529, Apr. 29, 2010]. Adherence to the enemy. The act of a citizen of favoring the enemy and harboring sympathies or convictions disloyal to his countrys policy or interest. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 363]. Adhesion. The tendency of dissimilar particles or surfaces to cling to one another as opposed to cohesion which refers to the tendency of similar or identical particles or surfaces to cling to one another. Adhesion contract. 1. A contract in which one of the parties imposes a readymade form of contract, which the other party may accept or reject, but which the latter cannot modify. [PCIBank v. CA, GR 97785. Mar. 29, 1996]. 2. A fineprint consumer form contract which is generally given to consumers at pointof-sale, with no opportunity for negotiation as to it's terms, and which, typically, sets out the terms and conditions of the sale, usu. to the advantage of the seller. Ad interim. Lat. In the meantime. Ad-interim appointment. 1. The appointment that the Pres. may make during the recess of the Congress, or those made during a period of time from the adjournment of the Congress to the opening session, regular or special, of the same Congress. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. 2. An appointment made by the Pres. while

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Congress is not in session. It takes effect immediately but ceases to be valid if disapproved by the Commission on Appointments or upon the next adjournment of Congress. Compare with Regular appointment. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 393]. Adjectival law. See Adjective law. Adjective law. The aggregate of rules of procedure or practice. As opposed to that body of law that the courts are established to administer [called substantive law], it means the rules acc. to which the substantive law is administered, e.g., Rules of Civil Procedure. That part of the law that provides a method for enforcing or maintaining rights, or obtaining redress for their invasion. Pertains to and prescribes the practice, method, procedure, or legal machinery by which substantive law is enforced or made effective. Adjective or procedural law. That body of law which governs the process of protecting the rights under substantive law. See also Remedial law. Adjourn. Break off [a meeting, legal case, or game] with the intention of resuming it later. Adjournment. Pol. Law. During a session of Congress, mere temporary suspension of business from day to day, or for such brief periods of time as are agreed upon by the joint action of the 2 houses. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. Compare with Recess. Adjournment sine die. Lat. Adjournment "without day". Adjourning without assigning a day for a further meeting or hearing. To adjourn an assembly sine die is to adjourn it for an indefinite period. A legislative body adjourns sine die when it adjourns without appointing a day on which to appear or assemble again. Adjudge. 1. To pass on judicially, to decide, settle or decree, or to sentence or condemn. The term implies a judicial determination of a fact, and the entry of a judgment. [Cario v. CHR, GR 96681. Dec. 2, 1991]. Adjudicate. To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its strictest sense. [Cario v. CHR, GR 96681. Dec. 2, 1991]. Adjudication. Civ. Law. See Dacion en pago or Dation in payment. Adjudication. Rem. Law. 1. The rendition of a judgment or final order which disposes of the case on the merits. [Bench Book for Trial Court Judges, p. 2-40]. 2. Giving or pronouncing a judgment or decree. Also the judgment given. 3. A judgment; giving or pronouncing judgment in a case. Determination in the exercise of judicial power. Adjudication or Judgment on the merits. A judgment which determines the rights and liabilities of the parties based on the disclosed facts, irrespective of formal, technical or dilatory objections. It is not necessary, however, that there should have been a trial. If the judgment is general, and not based on any technical defect or objection, and the parties had a full legal opportunity to be heard on their respective claims and contentions, it is on the merits although there was no actual hearing or arguments on

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the facts of the case. [Mendiola v. CA, GR 122807. July 5, 1996]. Adjunct. A thing added to something else as a supplementary rather than an essential part. Adjunction. The permanent union of a thing belonging to one person to something that belongs to someone else. See Conjunction. Administer. Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication. [Sec. 3, RA 9165]. Administering injurious substances or beverages. Crim. Law. The felony committed by any person who, without intent to kill, shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. [Art. 264, RPC]. Administration. The aggregate of those persons in whose hands the reins of govt. are for the time being [the chief ministers or heads of departments]. [US v. Dorr, GR 1051. May 19, 1903]. Compare with Government. Administrative. The term connotes, or pertains, to administration, esp. management, as by managing or conducting, directing or superintending, the execution, application, or conduct of persons or things. [Univ. of Nueva Caceres v. Martinez, GR L-31152. Mar. 27, 1974]. Administrative act. Any action incl. decisions, omissions, recommendations, practices, or procedures of an administrative agency. [Sec. 9, PD 1487]. Administrative adjudicatory power. The power of the administrative agency to adjudicate the rights of persons before it. It is the power to hear and determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. [Comm. of Int. Rev. v. CA, GR 119761 Aug. 29, 1996]. See Quasi-judicial power. Administrative agencies. Agencies created by the legislative branch of govt. to administer laws pertaining to specific areas such as taxes, transportation, and labor. Administrative agency. Any department or other governmental unit incl. any GOCC, any official, or any employee acting or purporting to act by reason of connection with the govt. but it does not include (a) any court or judge, or appurtenant judicial staff; (b) the members, committees, or staffs of the Natl. Assembly; or (c) the Pres. or his personal staff, or (d) the members of the Constitutional Commissions and their personal staffs. [Sec. 9, PD 1487]. Administrative Code of 1987. EO 292 signed into law on July 25, 1987. Administrative due process. [The procedural due process in administrative or quasi-judicial tribunal which] is recog-

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nized to include (a) the right to notice, be it actual or constructive, of the institution of the proceedings that may affect a person's legal rights; (b) reasonable opportunity to appear and defend his rights, introduce witnesses and relevant evidence in his favor, (c) a tribunal so constituted as to give him reasonable assurance of honesty and impartiality, and one of competent jurisdiction; and (d) a finding or decision by that tribunal supported by substantial evidence presented at the hearing, or at least contained in the records or disclosed to the parties affected. [Air Manila, Inc. v. Balatbat, L-29064, Apr. 29, 1971]. Administrative due process. Cardinal rules for procedural due process in administrative or quasi-judicial tribunal: 1. The right to a hearing, which includes the right to present ones case and submit evidence in support thereof; 2. The tribunal must consider the evidence presented; 3. The decision must have something to support itself; 4. The evidence must be substantial. Substantial evidence is such reasonable evidence as a reasonable mind might accept as adequate to support a conclusion; 5. The decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; 6. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate; and 7. The tribunal or body should render its decision in such manner that the parties to the proceeding can know the various issues involved and the reason for the decision rendered. [Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Compare with Judicial due process. Administrative expenses. 1. Those reasonable and necessary expenses: (1) incurred or arising from the filing of a petition under the provisions of RA 10142; (2) arising from, or in connection with, the conduct of the proceedings under RA 10142, incl. those incurred for the rehabilitation or liquidation of the debtor; (3) incurred in the ordinary course of business of the debtor after the commencement date; (4) for the payment of new obligations obtained after the commencement date to finance the rehabilitation of the debtor; (5) incurred for the fees of the rehabilitation receiver or liquidator and of the professionals engaged by them; and (6) that are otherwise authorized or mandated under [RA 10142] or such other expenses as may be allowed by the Sup. Court in its rules. [Sec. 4, RA 10142]. 2. (a) Reasonable and necessary expenses that are incurred in connection with the filing of the petition; (b) expenses incurred in the ordinary course of business after the issuance of the stay order, excluding interest payable to the creditors for loans and credit accommodations existing at the time of the issuance of the stay order, and (c) other expenses that are authorized under the Rules of Proc. on Corporate Rehab. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Administrative feasibility. One of the canons of a sound tax system. It simply means that the tax system should be capable of being effectively administered and enforced with the least inconvenience to the taxpayer. Nonobservance of the canon, however, will not render a tax imposition invalid except to the extent that specific constitu-

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tional or statutory limitations are impaired. [Diaz v. Sec. of Finance, GR 193007, July 19, 2011]. Administrative functions. 1. The executive machinery of govt. and the performance by that machinery of governmental acts. It refers to the management actions, determinations, and orders of executive officials as they administer the laws and try to make govt. effective. There is an element of positive action, of supervision or control. [In Re: Manzano, AM 88-7-1861-RTC. Oct. 5, 1988]. 2. Those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence [Nasipit Integrated Arrastre v. Tapucar, SP-07599-R, 29 Sep. 1978]. Administrative IRRs or Rules. Requisites to be valid: 1. Its promulgation must be authorized by the Legislature; 2. It must be within the scope of the authority given by the Legislature; 3. It must be promulgated in accordance with the prescribed procedure; and 4. It must be reasonable. [Lokin v. Comelec, GR 179431-32, GR 180443, June 22, 2010]. Administrative law. 1. That law which fixes the organization and determines the competence of the administrative authorities and which regulates the methods by which the functions of the govt. are performed. [Suarez, Stat. Con., (1993), p. 38]. 2. That body of law which applies for hearings before quasijudicial or administrative tribunals. Administrative Orders. Acts of the Pres. which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. [Sec. 3, Admin. Code of 1987]. Administrative supervision. 1. The authority of the department or its equivalent to generally oversee the operations of such agencies and to insure that they are managed effectively, efficiently and economically but without interference with day-to-day activities; or require the submission of reports and cause the conduct of management audit, performance evaluation and inspection to determine compliance with policies, standards and guidelines of the department; to take such action as may be necessary for the proper performance of official functions, incl. rectification of violations, abuses and other forms of misadministration; and to review and pass upon budget proposals of such agencies but may not increase or add to them. [Sec. 38, Chap. 6, EO 292]. 2. The power or authority of an officer or body to oversee that subordinate officers of bodies perform their assigned duties and functions in accordance with law. Administrative tribunal. Hybrid adjudicating authorities which straddle the line bet. govt. and the courts. Bet. routine govt. policy decision-making bodies and the traditional court forums lies a hybrid, sometimes called a tribunal or administrative tribunal and not necessarily presided by judges. These operate as a govt. policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is quasi-judicial because it directly affects the legal rights of a person. Ad-

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ministrative tribunals are often referred to as Commission, Authority or Board. Administrator. 1. The person entrusted with the care, custody and management of the estate of a deceased person until the estate is partitioned and distributed to the heirs, legatees and devisees, if any. [Bench Book for Trial Court Judges, p. 3-2]. 2. A person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate. Female administrators are called Administratrix. An administrator is a Personal representative. 3. Any person who acts as agent of the owner and manages the use of a building for him. [Sec. 3, RA 9514]. Administrators bond. The bond [that] secures the performance of the duties and obligations of an administrator [and is] conditioned on the faithful execution of the administration of the decedents estate requiring the special administrator to (1) make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge; (2) truly account for such as received by him when required by the court; and (3) deliver the same to the person appointed as executor or regular administrator, or to such other person as may be authorized to receive them. [Ocampo v. Ocampo, GR 187879, July 5, 2010]. See Special administrator. Administratrix. Lat. Female administrator. Admiralty law or Maritime law. 1. That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea, etc. 2. The law and court with jurisdiction over maritime affairs in general. Admissibility. Acceptability by virtue of being admissible. Admissibility of evidence. The acceptability of evidence when it is relevant to the issue and is not excluded by the law of the Rules of Court. [Sec. 3, Rule 128, RoC]. Admissible. 1. Acceptable or valid, esp. as evidence in a court of law. 2. Having the right to be admitted to a place. Admissible evidence. 1. Evidence which is relevant to the issues and is competent, i.e., it is not excluded by the law or the Rules of Court. [Evidence: Basic Principles and Selected Problems, J. Benipayo, UST Law Review, Vol. XLVIII, Jan.-Dec. 2004]. 2. Evidence that can be legally and properly introduced in a civil or criminal trial. Admission. Evid. 1. The act, declaration or omission of a party as to a relevant fact which may be given in evidence against him. [Sec. 26, Rule 130, RoC]. 2. A statement tending to establish the guilt or liability of the person making the statement. Compare with Confession. Admission against interest. Evid. [That admission] made by a party to a litigation or by one in privity with or identified in legal interest with such party, and are admissible whether or not the declarant is available as a witness. [Unchuan v. Lozada, GR 172671, Apr. 16, 2009]. See Admissions against interest. Admission against interest. Evid. Rationale: The rule is based on the presumption that no man would declare an-

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ything against himself unless such declaration was true. Thus, it is fair to presume that the declaration corresponds with the truth, and it is his fault if it does not. [Rufina Patis Factory v. Alusitain, 478 Phil. 544 (2004).]. Admission by conspirator. Evid. The act or declaration of a conspirator relating to the conspiracy and during its existence, which may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration. [Sec. 30, Rule 130, RoC]. Admission by conspirator. Evid. Requisites: (a) that the conspiracy be first proved by evidence other than the admission itself; (b) that the admission relates to the common objects; and (c) that it has been made while the declarant was engaged in carrying out the conspiracy. [People v. Surigawan, GR 83215. Dec. 15, 1993]. Admission by co-partner or agent. Evid. The act or declaration of a partner or agent of the party within the scope of his authority and during the existence of the partnership or agency, which may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party. [Sec. 29, Rule 130, RoC]. Admission by privies. Evid. The act, declaration, or omission of one from whom another derives title to property, while holding the title, in relation to the property, which may be given in evidence against the latter. [Sec. 31, Rule 130, RoC]. Admission by silence. Evid. 1. An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, which may be given in evidence against him. [Sec. 30, Rule 132, RoC]. 2. The act or declaration made in the presence and within the observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, [which] may be given in evidence against him. [Sec. 8, Rule 123, RoC]. Admission by silence. Evid. Requisites: (a) That he heard and understood the statement; (b) that he was at liberty to interpose a denial; (c) that the statement was in respect to some matter affecting his rights or in which he was then interested, and calling, naturally, for an answer; (d) that the facts were within his knowledge; and (e) that the fact admitted or the inference to be drawn from his silence would be material to the issue. [People v. Paragsa, GR L-44060. July 20, 1978]. Admission to the bar. An admission to practice law. It is acquired when a lawyer receives a license to practice law. Also called Admitted to the bar. Admissions against interest. Evid. Those made by a party to a litigation or by one in privity with or identified in legal interest with such party, and are admissible whether or not the declarant is available as a witness. [Unchuan v. Lozada, GR 172671, Apr. 16, 2009]. Compare with Declaration/s against interest.

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Admit. To grant to be real, valid, or true; acknowledge. Admitted to the bar. An admission to practice law. It is acquired when a lawyer receives a license to practice law. Also called Admission to the bar. Admonish. To advise or caution. Admonition. A gentle or friendly reproof, a mild rebuke, warning or reminder, counseling, on a fault, error or oversight, an expression of authoritative advice or warning. They are not considered as penalties. [Tobias v. Veloso, GR L40224. Sep. 23, 1980]. ADO. See Allow Departure Order. Adolescence. The period following the onset of puberty during which a young person develops from a child into an adult. Adolescent. Young people bet. the ages of 10 to 19 years who are in transition from childhood to adulthood. [Sec. 4, RA 10354]. Adopt. 1. Legally take another's child and bring it up as one's own. 2. Take up or start to use or follow an idea, method, or course of action. Adopt-a-School Act of 1998. RA 8525 entitled An Act establishing an AdoptA-School Program, providing incentives therefor, and for other purposes enacted on Feb. 14, 1998. Adoption. 1. An act by which relations of paternity and affiliation are recognized as legally existing bet. persons not so related by nature. The taking into one's family of the child of another as son or daughter and heir and conferring on it a title to the rights and privileges of such. The purpose of an adoption proceeding is to effect this new status of relationship bet. the child and its adoptive parents, the change of name which frequently accompanies adoption being more an incident that the object of the proceeding. [Rep. v. CA, GR 97906. May 21, 1992]. 2. The juridical act which creates bet. 2 persons a relationship similar to that which results from legitimate paternity and filiation. [Prasnick v. Rep., 98 Phil 655]. Adoption proceeding. A proceeding in rem or against the whole world. The court acquires jurisdiction simply by publication. Adoptive. 1. As a result of the adoption of another's child, as in "adoptive parents". Denoting a country or city to which a person has moved and in which they have chosen to make their permanent place of residence. Adoptive admission. A partys reaction to a statement or action by another person when it is reasonable to treat the partys reaction as an admission of something stated or implied by the other person. [Estrada v. Desierto, 356 SCRA 108]. Adoptive parent. A person who adopts a child of other parents as his or her own child. ADR. Abbrev. for Alternative dispute resolution. ADR Laws. The whole body of ADR laws in the Phil.s. [Special Rules of Court on ADR, Rule 1.11, AM 07-11-08-SC, Sept. 1, 2009].

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ADR practitioners. Individuals acting as mediator, conciliator, arbitrator or neutral evaluator. [Sec. 3, RA 9285]. ADR providers. Institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any alternative dispute resolution system [ADR]. This is without prejudice to the rights of the parties to choose non-accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of their dispute. [Sec. 3, RA 9285]. Adult. One who has attained maturity or legal age. Adulterate. To render something poorer in quality by adding another substance, typically an inferior one. Adulterated. Carcasses, or any part thereof, whether meat or meat product under one or more of the categories [listed in Sec. 4 a) to j) of RA 9296. [Sec. 4, RA 9296]. Adulterous. Of or involving adultery. Adultery. Crim. Law. 1. The felony committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. [Art. 333, RPC]. 2. Voluntary sexual intercourse bet. a married person and another person who is not his/her married spouse. Advance. Done, sent, or supplied beforehand. Advance sheet. A promulgated decision of the court which is made available in a temporary form prior to printing or publication. Advantage. A more favorable or improved position or condition; benefit, profit or gain of any kind; benefit from some course of action. [Sison v. People, GR 170339, 170398-403, Mar. 9, 2010]. Adventitious. Not inherent but added extrinsically; accidental. Adventitious property. 1. Property earned or acquired by the minor child through his work or industry by onerous or gratuitous title. It is owned by the child but is administered by the parents. The child is also the usufructuary of the property but his use thereof is secondary only to the collective daily needs of the family. 2. Property earned or acquired by the child through his work or industry or by onerous or gratuitous title.entitled. Compare with Profectitious property. Adversarial. 1. Involving or characterized by conflict or opposition. 2. Opposed; hostile. Adversarial or Contentious action or proceedings. Rem. Law. An action or proceedings having opposing parties; [is] contested, as distinguished from an ex parte hearing or proceeding, of which the party seeking relief has given legal notice to the other party and afforded the latter an opportunity to contest it. [Manila Golf v. IAC, GR 64948. Sep. 27, 1994]. Adversary. One's opponent in a contest, conflict, or dispute. Adversary proceeding. Rem. Law. 1. One having opposing parties; contested, as distinguished from an ex parte appli-

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cation, one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to contest it. [GR L-32181, Mar. 5, 1986]. 2. A proceeding having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding. Adverse. Preventing success or development; harmful; unfavorable. Adverse claim. A claim of any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration. [Sec. 110, Act 496]. Adverse interest. Such interest of a witness - so as to permit cross-examination by the party calling him - as would be so involved in the event of the suit that a legal right or liability will be acquired, lost, or materially affected by the judgment, and must be such as would be promoted by the success of the adversary of the party calling him. Adverse party. A party to an action whose interests are opposed to or opposite the interests of another party to an action. Adverse possession. 1. The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is Squatters. 2. The method of acquiring real property under certain conditions by possession for a statutory period. Adverse possession (of a co-owner). Requisites: (1) That [the co-owner] has performed unequivocal acts of repudiation amounting to an ouster of the cestui que trust or other co-owners, (2) that such positive acts of repudiation have been made known to the cestui que trust or other co-owners, and (3) that the evidence thereon must be clear and convincing. [Salvador v. CA, 313 Phil. 36 (1995)]. Advertising. The activity or profession of producing advertisements for commercial products or services. Advertisement. 1. Any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcasts, electronic, print or whatever form of mass media, incl. outdoor advertisements, such as but no limited to signs and billboards. [Sec. 4, RA 9211]. 2. The prepared and through any form of mass medium, subsequently applied, disseminated or circulated advertising matter. [Art. 4, RA 7394]. Advertisement by lawyer, rule on. The Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. He is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Nor shall he pay or give something of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Prior to the adoption of the Code of Professional Responsibility, the Canons of Professional Ethics had also warned that lawyers should not resort to indirect advertisements for professional employment,

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such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like selflaudation. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993]. Advertisement of talent or skill, prohibition on. The standards of the legal profession condemn the lawyer's advertisement of his talents. A lawyer cannot, without violating the ethics of his profession, advertise his talents or skills as in a manner similar to a merchant advertising his goods. The proscription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the practice of law is a profession. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993]. Advertiser. 1. The client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualized, presented or disseminated. [Art. 4, RA 7394]. 2. A person or entity on whose account of for whom an advertisement is prepared and disseminated by the advertising agency, which is service established and operated for the purpose of counseling or creating and producing and/or implementing advertising program in various forms of media. [Sec. 4, RA 9211]. Advertising. 1. The business of conceptualizing, presenting, making available and communicating to the public, through any form of mass media, any fact, data or information about the attributes, features, quality or availability of consumers products, services or credit. [Sec. 4, RA 9211]. 2. The business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit. [Art. 4, RA 7394]. Advertising agency or agent. A service organization or enterprise creating, conducting, producing, implementing or giving counsel on promotional campaigns or programs through any medium for and in behalf of any advertiser. [Art. 4, RA 7394]. Advice. Guidance or recommendations concerning prudent future action, typically given by someone regarded as knowledgeable or authoritative. Advise. To give advice. Adviser. A lawyer, accountant, auditor, financial or business consultant, and such other persons rendering professional advisory services to the real estate investment trust. [Sec. 3, RA 9856]. Advisory. An official announcement. Advocacy. 1. Public support for or recommendation of a particular cause or policy. 2. The profession or work of a legal advocate. Advocate. A person who champions the cause of another in a court of law. It usu. refers to a legal counselor- or attorney-at-law. AEP. See Alien Employment Permit.

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Aequetas nunquam contravenit legis. Lat. Equity is not applied against the law. [Aguila v. CA, 160 SCRA 359]. Aequitas non facit jus, sed juri auxiliatur. Lat. Equity does not make the law, but supports the law. [Borja v. CA, GR 95667. May 8, 1991]. Aequitas rem ipsam intuetur de forma et circumstantiis minus anxia. Lat. Equity regards not the form but the substance of the act. Aequitas sequitur legem. Lat. Equity follows the law. Aequum et bonum est lex legum. Lat. That which is equitable and right is the law of laws. Aerial. Existing, happening, or operating in the air. Aerial domain. The airspace above the terrestrial domain and the maritime and fluvial domain of the state, to the limits of the atmosphere but does not include outer space. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67]. Aerial work. an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc. [Sec. 3, RA 9497]. Aerodrome. An airport, a defined area on land or water [incl. any building, installation and equipment] intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft. [Sec. 3, RA 9497]. Aeronautical. Of or pertaining to aeronautics. Aeronautical telecommunication station. Any station operated to provide telecommunications for aeronautical purposes. [Sec. 3, RA 9497]. Aeronautical telecommunication. [It] includes any telegraph or telephone communication signs, signals, writings, images and sounds of any nature, by wire, radio or other systems or processes of signaling, used in the aeronautical service. [Sec. 3, RA 9497]. Aeronautics or Aviation. The science and art of flight. [Sec. 3, RA 9497]. AES. See Automated Election System. Affiant. The person who makes and subscribes an affidavit. Affidavit. 1. A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness. 2. A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath. Affidavit of consolidation of ownership. A sworn statement executed by the vendee-a-retro to the effect that the period of repurchase has expired and the vendor failed to exercise his right to repurchase. Affidavit of desistance. A sworn statement, executed by a complainant in a

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criminal or administrative case, that he or she is discontinuing or disavowing his complaint for whatever reason he or she may site. [People v. Dela Cerna, 390 SCRA 538]. Affidavit of general financial condition. A verified statement on the general financial condition of the debtor required in Sec. 2, Rule 4 of the Rules of Proc. on Corporate Rehab. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Affidavit of merit. An affidavit showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or defense, as the case may be. It serves as the jurisdictional basis for the court to entertain a petition for relief. [Garcia v. CA, GR 96141. Oct. 2, 1991]. Affiliate. 1. A corporation 50% or less of the outstanding capital stock of which is owned or controlled, directly or indirectly, by the GOCC. [Sec. 3, RA 10149]. 2. A corporation that directly or indirectly, through one or more intermediaries, is controlled by, or is under the common control of another corporation. [Sec. 4, RA 10142]. 3. A corporation that directly or indirectly, through one or more intermediaries, is controlled by, or is under the common control of another corporation, which thereby becomes its parent corporation. [Sec. 3, RA 9856; Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 4. A corporation, the voting stock of which, to the extent of 50% or less, is owned by a bank or quasi-bank which is related or linked to such institution through common stockholders or such other factors as may be determined by the Monetary Board of the BSP. [Sec. 3, RA 9474]. Affiliate of, or affiliated with, a specified person. A person that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. Exercising control over a legal entity shall mean any one of the following; (1) owning either solely or together with affiliated persons more than 25% of the outstanding capital stock of a legal entity; and (2) being an officer or director of such legal entity. [Sec. 4, RA 9829]. Affiliated corporation. 1. A corporation that is owned or subject to common corporate control by another corporation and operated as part of the latters business. [Sec. 3, RA 9483]. 2. A corporation related to another by owning or being owned by common management or by a long-term lease of its properties or other control device. An affiliation exists bet. a holding or parent company and its subsidiary, or bet. 2 corporations owned or controlled by a 3rd. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 40]. Affiliation. Adoption; association or reception as a member in or of the same family or society. Affinity. 1. The connection existing in consequence of a marriage, bet. each of the married persons and the kindred of the other. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 308]. 2. The relationship of a husband to the blood relatives of his wife, or of a wife to the blood relatives of her husband. [CSCs Guidelines on the use of the rev. SALN form]. Compare with Consanguinity.

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Affirm. 1. State as a fact; assert strongly and publicly. 2. Declare one's support for; uphold or defend. Affirmation. A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases. Compare with Oath. Affirmation or Oath. An act in which an individual on a single occasion: (a) appears in person before the notary public; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by [the] Rules; and (c) avows under penalty of law to the whole truth of the contents of the instrument or document. [Sec. 2, Rule II, AM 02-8-13-SC]. Affirmative. Agreeing with a statement or to a request. Affirmative defense. Rem. Law. 1. 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. The affirmative defenses include fraud, statute of limitations, release payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and all other matter by way of confession and avoidance. [Sec. 5, Rule 6, RoC]. 2. A defense raised in a responsive pleading [answer] relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used. Compare with Negative defense. Affirmed. In the practice of appellate courts, the word means that the decision of the trial court is found to be correct on appeal. Afflictive. Characterized by or causing pain, distress, or grief; distressing. Afflictive penalties. The following are afflictive penalties under the Rev. Penal Code: Reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, prision mayor, and fine, whether imposed as a single of as an alternative penalty, which exceeds 6,000 pesos. [Arts. 25-26, RPC]. Afford. Have enough money to pay for. Affordable. Inexpensive; reasonably priced, as in"affordable housing." Affordable cost. The most reasonable price of land and shelter based on the needs and financial capability of Program beneficiaries and appropriate financing schemes. [Sec. 3, RA 7279]. Affreightment. A transportation contract whereby a transportation company, shipowner or operator agrees to carry goods in return for a sum of money, the sum being paid called freight. Affreightment contract. 1. A contract by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment of freight. [Planters Products v. CA, GR 101503. Sep. 15, 1993]. 2. A contract with the ship owner to hire his ship or part of it, for the carriage of goods, and generally takes the form either of a charter party or a bill of lading. [Market De-

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velopers v. IAC, GR 74978. Sep. 8, 1989]. AFMA. See Agriculture and Fisheries Modernization Act of 1997. AFMech Law. See Agricultural and Fisheries Mechanization Law. AFP. See Armed Forces of the Philippines. AFTA. Asian Free Trade Agreement initiated by the Association of South East Asian Nations. [Sec. 3, RA 9367]. After care services. The provision of interventions, approaches, and strategies with the end goal of ensuring effective reintegration of older persons discharged from residential facilities. [Art. 5, IRR of RA 9994]. After date. The date of issuance of the negotiable instrument. After sight. The date of presentment for acceptance to the drawee of the negotiable instrument. After-acquired property. Property acquired during the interval bet. the execution of the will and the death of the testator which are not, as a rule, included among the properties disposed of, unless it should expressly appear in the will itself that such was the intention of the testator. [Jurado, Comments & Jurisp. on Succ., 1991, 8th Ed., p. 35]. After-cataract. See Secondary cataract. Agabon doctrine. Labor. In cases involving dismissals for cause but without observance of the twin requirements of notice and hearing, the better rule is to abandon the Serrano doctrine and to follow Wenphil [doctrine] by holding that the dismissal was for just cause but imposing sanctions on the employer. [From Agabon v. NLRC, GR 158693, Nov. 17, 2004]. Compare with Serrano doctrine and Wenphil doctrine. Agama. Sanskrit word which means Acquisition of knowledge. Subsequently, it has come to mean religion or court. Hence, Agama court refers to a Muslim religious court. Agama Arbitration Council. A body composed of the Chairman and a representative of each of the parties to constitute a council to take all necessary steps for resolving conflicts bet. them. [Art. 7, PD 1083 (Code of Muslim Personal Laws of the Phils.)]. Age. The length of time during which a being or thing has existed. Age of criminal responsibility. The age when a child, 15 years and 1 day old or above but below 18 years of age, commits an offense with discernment. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Age of gestation. The length of time the fetus is inside the mother's womb. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Age of majority. It commences at the age of 18 years. [Art. 234, FC, as amended by RA 6809]. Also, Majority. Aged. Having lived or existed for a long time; old. Agencies under the Office of the President. Those offices placed under the chairmanship of the Pres., those under the supervision and control of the Pres., those under the administrative supervi-

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sion of the Office of the Pres., those attached to it for policy and program coordination, and those that are not placed by law or order creating them under any specific department. [Sec. 23, Chap. 8, Title II, Admin. Code of 1987]. Agency. 1. Civ. Law. A relationship bet. 2 parties whereby one party, called the principal, authorizes another, called the agent, to act for and in his behalf on transactions with 3rd persons. [Rallos v. Chan, GR L-24332. Jan. 31, 1978]. 2. Civ. Serv. Any bureau, office, commission, administration, board, committee, institute, corporation, whether performing governmental or proprietary function, or any other unit of the Natl. Govt., as well as provincial, city or municipal government. [Sec. 3, PD 807]. Agency by estoppel doctrine. Also known as the Holding out doctrine. The doctrine where the principal will be estopped from denying the grant of authority if 3rd parties have changed their positions to their detriment in reliance on the representations made. Agency contract. A contract whereby a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. [Art. 1868, CC]. Agency coupled with an interest. 1. An agency created not only for the interest of the principal but also for the interest of a 3rd person; or 2. One created for the mutual interest of both the principal and the agent. [Diaz, Bus. Law Rev., 1991 Ed., p. 171]. Agency fee. A reasonable amount assessed and checked off by a labor union from the wage of a non-union member in the collective bargaining unit who accepts the benefits of the labor contract negotiated by the union. Note that the amount collected shall be equal to the fee collected from the members even as no check-off authorization is required in such cases. [Art. 248 (e), LC]. Agency of the government. Any of the various units of the Government, incl. a department, bureau, office, instrumentality, or GOCC, or a local govt. or a distinct unit therein. [Sec. 2, Admin. Code of 1987]. Agency shop. Labor. An agreement under which employees who do not join the union must pay dues as a condition of employment to help defray the union expenses as a bargaining agent for the group or all the employees. This is otherwise know as the anti-free rider or hitchhiker clause in the CBA. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Agency to sell. A contract whereby a person who received goods from another is obligated to return them to the latter if ever he is unable to sell them. Agency-hired workers. Labor. Those hired through agencies or contractors to perform or complete a job, work or service within the premises of the establishment. They are excluded from the total employment of the establishment. Agent. Civ. Law. 1. A person who, by the contract of agency, binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. [Art. 1868, CC]. 2. A person who has received the power to act on behalf of another, binding that other person as

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if he were himself making the decisions. The person who is being represented by the agent is referred to as the principal. See also Representative. Agent. Corp. Law. 1. For purposes of serving court processes on juridical persons, A representative so integrated with the corporation sued as to make it a priori supposable that he will realize his responsibilities and know what he should do with any legal papers served on him. x x x. [Pasig Cylinder Mfg. Corp. v. Rollo, GR 173631, Sept. 8, 2010]. 2. [I]t does not necessarily connote an officer of the corporation. However, though this may include employees other than officers of a corporation, this does not include employees whose duties are not so integrated to the business that their absence or presence will not toll the entire operation of the business. [Pabon v. NLRC, 357 Phil. 7, 1516 (1998)]. Agent of a person in authority. A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority. [Art. 152, RPC, as amended by PD 299 and BP 873]. Agent provocateur. A person who induces others to break the law so that they can be convicted. Agente administrador. Sp. Managing agent. Agente de negocios. Sp. See Business agent. Agents of the State. Persons who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the government, or shall perform in the government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class. [Sec. 3, RA 10353]. AGFP. See Agricultural Guarantee Fund Pool. Aggravate. To make worse, more serious, or more severe. Aggravated. Made more serious by attendant circumstances [such as frame of mind]. Aggravated illegal possession of firearm. The use of unlicensed firearm in the commission of homicide or murder which aggravates the crime and makes it more heavily punished with the capital punishment. [People v. Caling, GR 94784. May 8, 1992]. Compare with Simple illegal possession of firearm. Aggravating. Make [a problem, injury, or offense] worse or more serious. Annoy or exasperate (someone), esp. persistently. Aggravating circumstances. Those circumstances that serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender. [Gregorio, Fund. of Crim. Law Rev.,

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1997 9th Ed., p. 52]. Compare with Mitigating circumstances. Aggravation. Something that causes an increase in intensity, degree, or severity. Aggregate. A whole formed by combining several [typically disparate] elements. Aggregator. A person or entity, engaged in consolidating electric power demand of end-users in the contestable market, for the purpose of purchasing and reselling electricity on a group basis. [Sec. 4, RA 9136]. Aggression. Intl. Law. The use of armed force by a state against the sovereignty, territorial integrity or political independence of another state or in any other manner inconsistent with the UN Charter. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 50]. Aggrieved. Feeling resentment at having been unfairly treated. Aggrieved party. See Person aggrieved. Agrarian. Of or relating to cultivated land or the cultivation of land. Agrarian dispute. 1. Any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, incl. disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements. [Sec. 3, RA 6657]. 2. It includes any controversy relating to compensation of lands acquired and other terms and conditions of transfer of ownership from landowner to farmworkers, tenants, and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee. It relates to any controversy relating to, among others, tenancy over lands devoted to agriculture. [Vide Amurao v. Villalobos, GR 157491, June 20, 2006]. Agrarian reform. Redistribution of land, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work. [Sec. 3, RA 6657]. Agrarian reform beneficiary (ARB). Farmers who were granted lands under PD 27, the CARL and RA 9700 or the "Comprehensive Agrarian Reform Extension with Reforms" and regular farm workers who are landless, irrespective of tenurial arrangement, who benefited from the redistribution of lands, regardless of crops or fruits produced, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other alternative arrangements to the physical distribution of lands, such as production or profit sharing, labor administration, and the distribution of shares of stock which will allow beneficiaries to receive a just share of the fruits of the lands they work. [Sec. 3, RA 10000].

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Agrarian reform community (ARC). A barangay at the minimum or a cluster of contiguous barangays where there is a critical mass of farmers or farm workers and which features the main thrust of agrarian development: land tenure improvement and effective delivery of support services. [Sec. 4, RA 8435]. Agrarian reform credit. Production or other types of loans used for the acquisition of work animals, farm equipment and machinery, seeds, fertilizers, poultry and livestock feeds and other similar items; acquisition of lands authorized under the Comprehensive Agrarian Reform Law (CARL); construction or acquisition of facilities for the production and effective merchandising of agricultural commodities. [Sec. 4, RA 7607]. Agreation. Intl. Law. The practice now observed by most states by means of which inquiries are addressed to the receiving state regarding a proposed diplomatic representative of the sending state. It is only when the receiving state manifests its agrement or consent that the diplomatic representative is appointed and formally accredited. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 83]. Agreement. A coming together of minds; the coming together in accord of 2 minds on a given proposition. [Mindanao Terminal & Brokerage Services v. Confesor, GR 111809. May 5, 1997]. Agreement, arrangement or accord. Intl. Law. The terms are used interchangeably and refer to an instrument of a more limited subject and of lesser importance than a formal treaty or convention. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Agrement. Intl. Law. An indication by the receiving State of the acceptability of the person of a diplomatic envoy who is proposed to be appointed by another country. This is to ensure that the diplomatic envoy that is sent to represent his country is not a persona non grata to the receiving State. Agri-Agra Reform Credit Act of 2009, The. RA 10000 entitled An Act Providing for an Agriculture and Agrarian Reform Credit And Financing System Through Banking Institutions enacted on Feb, 23, 2010. Agri-business activity. Any business activity involving the manufacturing, processing, and/or production of agricultural produce, excluding farm level agricultural or crop production. [Sec. 4, RA 6977, as amended]. Agricultural activity. Also Agricultural enterprise. See Agriculture. Agricultural and fisheries machinery. Machinery and equipment for the production, harvesting, processing, storage, manufacture, preserving, transporting and distribution of agricultural and fisheries products. It includes, but is not limited to, tractors and their attachments, power tillers, seeders, transplanters, windmills, harvesting machines, crop protection and maintenance equipment, irrigation equipment and accessories, greenhouses and other thermal conditioning equipment, livestock equipment, fishery equipment, slaughtering equipment, meat/fishery and crop processing equipment, postharvest machines such as milling machines, dryers, threshers, grain and other strippers, agricultural transport machinery and storage facilities incl. cold storage, reefer vans,

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slaughter houses and fishing boats of 3 gross tons or less. New agricultural and fishery machinery includes newly imported as well as one that has not been used since its date of manufacture. [Sec. 3, RA 10601]. Agricultural and fisheries mechanization. The development, adoption, assembly, manufacture and application of appropriate, location specific and costeffective agricultural and fisheries machinery using human, animal, mechanical, electrical, renewable and other nonconventional sources of energy for agricultural production and postharvest / postproduction operations consistent with agronomic conditions and for efficient and economic farm and fishery management towards modernization of agriculture and fisheries. [Sec. 3, RA 10601]. Agricultural and Fisheries Mechanization (AFMech) Law. RA 10601 entitled An Act Promoting Agricultural and Fisheries Mechanization Development in the Country enacted on June 5, 2013. Agricultural engineer. A natural person who has been issued a certificate of registration by the Board of Agricultural Engineering and has taken the oath of profession of agricultural engineers. [Sec. 3, RA 8559]. Agricultural engineering, Practice of. The profession requiring the application of the fundamental and known principles of engineering to the peculiar condition and requirements of agriculture as an industry and as a field of science. [Sec. 3, RA 8559]. Agricultural enterprise. Also Agricultural activity. See Agriculture. Agricultural Guarantee Fund Pool (AGFP). The 5% of the 2007 surplus of the GOCCs and GFIs incl. the PAGCOR, the PCSO, the SSS, and the GSIS as mandated by AO 225-A, s. 2008, and the penalties collected from banking institutions for noncompliance and undercompliance as provided under RA 10000. [Sec. 3, RA 10000]. Agricultural land. 1. Land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land. [Sec. 3 (c), RA 6657]. 2. Land devoted principally to the raising of crops such as rice, corn, sugar cane, tobacco, coconut, etc., or to pasturing, dairying, inland fishery, salt making, and other agricultural uses, incl. timberlands and forest lands. [Sec. 3, PD 464]. Agricultural land use conversion. The process of changing the use of agricultural land to non-agricultural uses. [Sec. 4, RA 8435]. Agricultural land, premature conversion of. The undertaking of any development activity, the results of which modify or alter the physical characteristics of the agricultural lands to render them suitable for non-agricultural purposes, without an approved order of conversion from the DAR. [Sec. 4, RA 8435]. Agricultural lands. 1. Lands devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture production, incl. the harvesting of such farm products, and other farm activities and practices performed in con-

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junction with such farming operations by persons whether natural or juridical and not classified by law as mineral land, forest land, residential land, commercial land, or industrial land. [Sec. 4, RA 8435]. 2. Lands which are arable and suitable agricultural lands and do not include commercial, industrial and residential lands. [Luz Farms v. Sec. of DAR, GR 86889, 4 Dec. 1990]. 3. Alienable and disposable lands of the public domain which have been the subject of the land classification system and declared as not needed for forest purposes. [Sec. 4, DENR AO 2008-24]. Agricultural lease relationship. See Share tenancy relationship. Agricultural lessee. 1. Any person who, with or without help from his/her immediate farm household, cultivates the land owned by another for a certain price in money, in produce, or in both. [Sec. 3, RA 10000]. 2. A person who, by himself and with the aid available from within his immediate farm household, cultivates the land belonging to, or possessed by, another with the latter's consent for purposes of production, for a price certain in money or in produce or both. It is distinguished from civil lessee as understood in the Civ. Code of the Phils. [Sec. 166, RA 3844]. Agricultural lessor. A person, natural or juridical, who, either as owner, civil law lessee, usufructuary, or legal possessor, lets or grants to another the cultivation and use of his land for a price certain. [Sec. 166, RA 3844]. Agricultural mechanization. The development, adoption, manufacture and application of appropriate location-specific, and cost-effective agricultural technology using human, animal, mechanical, electrical and other non-conventional sources of energy for agricultural production and post-harvest operations consistent with agronomic conditions and for efficient and economic farm management. [Sec. 4, RA 8435]. Agricultural owner-cultivator. Any person who, providing capital and management, personally cultivates his own land with the aid of his immediate family and household. [Sec. 166, RA 3844]. Agricultural product. 1. A specific commodity under Chap. 1 to 24 of the Harmonized System (HS) of the Commodity Classification as used in the Tariff and Customs Code of the Phils. [Sec. 4, RA 8800]. 2. The yield of the soil, such as corn, rice, wheat, rye, hay. coconuts, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and their byproducts; ordinary salt; all kinds of fish; poultry; and livestock and animal products, whether in their original form or not. [Sec. 131, RA 7160]. Agricultural production. Raising, growing and rearing of crops, livestock and fisheries for food, feed and as raw materials. [Sec. 2, PD 2032]. Agricultural purpose. A purpose related to the production, harvest, processing, manufacture, distribution, storage, transportation, marketing, exhibition or disposition of agricultural, fishery or marine products. [Art. 4, RA 7394]. Agricultural sector. The sector engaged in the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry, or fish, incl. the harvesting and marketing of such farm

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products, and other farm activities and practices. [Sec. 4, RA 8435]. Agricultural tenancy. The physical possession by a person of land devoted to agriculture belonging to, or legally possessed by, another for the purpose of production through the labor of the former and of the members of his immediate farm household, in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain or ascertainable, either in produce or in money, or in both. [Sec. 3, RA 1199]. Agricultural Tenancy Act of the Philippines. RA 199 entitled An Act to govern the relations bet. landholders and tenants of agricultural lands [leaseholds and share tenancy] enacted on Aug. 30, 1954. Agricultural year. 1. The period of time required for raising a particular agricultural product, incl. the preparation of the land, sowing, planting and harvesting of crops and, whenever applicable, threshing of said crops: Provided, however, That in case of crops yielding more than one harvest from planting, agricultural year shall be the period from the preparation of the land to the 1st harvest and thereafter from harvest to harvest. In both cases, the period may be shorter or longer than a calendar year. [Sec. 166, RA 3844]. 2. The period of time necessary for the raising of seasonal agricultural products, incl. the preparation of the land, and the sowing, planting and harvesting the crop. [Sec. 5 [c], RA 1199]. Agriculture. 1. Farming in all its branches and among other things includes the cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products. [Art. 97, LC]. 2. The art or science of cultivating the ground and raising and harvesting crops, often, incl. also, feeding, breeding and management of livestock, tillage, husbandry, farming. Agriculture. Also Agricultural enterprise or Agricultural activity. The cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, incl. the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by person whether natural or juridical. [Sec. 3, RA 6657]. Agriculture and fisheries modernization. The process of transforming the agriculture and fisheries sectors into one that is dynamic, technologically advanced and competitive yet centered on human development, guided by the sound practices of sustainability and the principles of social justice. [Sec. 4, RA 8435]. Agriculture and Fisheries Modernization Act (AFMA) of 1997. RA 8435 entitled An Act prescribing urgent related measures to modernize the agriculture and fisheries sectors of the country in order to enhance their profitability, and prepare said sectors for the challenges of globalization through an adequate, focused and rational delivery of neces-

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sary support services, appropriating funds therefor and for other purposes enacted on Dec. 22, 1997. Agro-. Pref. 1. Field; soil, as in agrology. 2. Agriculture, as in agroindustrial. Agro-industrial processing. The local activity or series of activities to maintain or raise the quality or change the form or characteristics of agricultural, fisheries and forestry products. It also includes, but not limited to, cleaning, sorting, grading, mixing, milling, canning, dressing, slaughtering, freezing, pasteurizing, conditioning, packaging, repacking and transporting of said products. [Sec. 3, RA 10601]. Agro-Industry Modernization Credit and Financing Program (AMCFP). The umbrella credit or financing program of the government for the agriculture and fisheries sector created under RA 8435, otherwise known as the "Agriculture and Fisheries Modernization Act of 1997". By design, AMCFP funds are provided as loans to GFIs called 'credit wholesalers', which in turn relend them to qualified 'credit retailers' that include rural banks, thrift banks, cooperative banks, NGOs, NFA and other associations or POs engaged in lending to small farmers and fisherfolk. [Sec. 3, RA 10000]. Agro-processing activities. The processing of raw agricultural and fishery products into semi-processed or finished products which include materials for the manufacture of food and/or non-food products, pharmaceuticals and other industrial products. [Sec. 4, RA 8435]. Aguinaldo doctrine. The rule that a public official cannot be removed for administrative misconduct committed during a prior term, since his reelection to office operates as a condoning of the officer's previous misconduct, thereby cutting off the right to remove him. [Aguinaldo v. Santos, GR 94115, Aug. 21, 1992]. Aid. To support, to help, to assist or to strengthen or to act in cooperation with. [Gatchalian v. Comelec, GR L-3256061. Oct. 22, 1970]. Aid and abet. To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime. Aide. An assistant to an important person, esp. to a political leader. Aide-memoire. Fr. Aid to memory. A diplomatic correspondence consisting of a brief summary of oral representations already made. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Aiding and abetting a band of brigands. Crim. Law. The felony committed by any person who knowingly and in any manner aiding, abetting or protecting a band of brigands as described in the Art. 306 of the Rev. Penal Code, or giving them information of the movements of the police or other peace officers of the Government, when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands. [Art. 307, RPC]. AIDS or Acquired Immune Deficiency Syndrome. 1. A human disease characterized by a marked decrease of helperinduced T-lymphocyte cells, resulting in a general breakdown of the bodys immune system. 2. The final and most serious stage of HIV infection. [Escarcha v. Leonis Navigation Co., Inc., GR

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182740, July 5, 2010]. Compare with HIV. Air. The invisible gaseous substance surrounding the earth, a mixture mainly of oxygen and nitrogen. Air carrier or operator. 1. A person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation services or air commerce. The term may likewise refer to either a "Phil. air carrier" or a "foreign air carrier" as indicated by the context. [Sec. 3, RA 9497]. 2. A person who undertakes, whether directly or indirectly, or by a lease or any other arrangements, to engage in air transportation or air commerce. [Sec. 3, RA 776]. Air commerce or Commercial air transport operation. 1. [It] includes scheduled or non-scheduled air transport services for pay or hire, the navigation of aircraft in furtherance of a business, the navigation of aircraft from one place to another for operation in the conduct of a business, or an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire. [Sec. 3, RA 9497]. 2. Air transportation for pay or hire, the navigation of aircraft in furtherance of a business, or the navigation of aircraft from one place to another for operation in the conduct of a business. [Sec. 3, RA 776]. Air navigation. The practice of controlling, guiding and operating aircraft from airport of departure to predetermined airport of destination, incl. alternate airports. To ensure safety, regularity and efficiency of civil aviation operations, standardization and common understanding among all parties involved are essential in all matters affecting the operation of aircraft and the numerous facilities and services required in their support, such as airports, telecommunications, navigation aids, meteorology, air traffic services, search and rescue, aeronautical information services and aeronautical charts, in accordance with the procedures, rules and regulations contained in the appropriate Annexes to the Chicago Convention. [Sec. 3, RA 9497]. Air navigation facility. Any facility used in, available for use in, or designed for use in aid of air navigation, incl. airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio directional finding, or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and takeoff of aircraft. [Sec. 3, RA 9497; Sec. 3, RA 776]. Air navigation services. [It] includes information, directions and other facilities furnished, issued or provided in connection with the navigation or movement of aircraft, and the control of movement of vehicles in any part of an airport used for the movement of aircraft. [Sec. 3, RA 9497]. Air operator. Any organization which undertakes to engage in domestic commercial air transport or international commercial air transport, whether directly or indirectly, or by a lease or any other arrangement. [Sec. 3, RA 9497]. Air Operator Certificate (AOC). A certificate authorizing an operator to carry out

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specified commercial air transport operations. [Sec. 3, RA 9497]. Air pollutant. Any harmful or undesirable matter emitted in the atmosphere, incl. smoke, soot, solid particles of any kind, undesirable gases, fumes and obnoxious odors. [Sec. 2, PD 1181]. Air pressure. The pressure exerted by the earth's atmosphere at any given point. Air route. The navigable airspace bet. 2 points and the terrain beneath such airspace identified, to the extent necessary, for application of flight rules. [Sec. 3, RA 9497]. Air route and airway facilities. Facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways, incl.: (1) Visual and nonvisual aids along the air routes and airways; (2) Visual and non-visual aids to approach and landing at airports; (3) Communication services; (4) Meteorological observations; (5) Air traffic control services and facilities; and (6) Flight services and facilities. [Sec. 3, RA 9497]. Air transport. The transportation of persons, property, mail or cargo by aircraft. [Sec. 3, RA 9497]. Air transport service. The act of transporting persons, property, mail cargo, in whole or in part, by aircraft to points within or outside of the Phils. [Sec. 3, RA 9497]. Air transportation. Service or carriage of persons, property, or mail, in whole or in part, by aircraft. [Sec. 3, RA 776]. Air waybill or Airway bill. An instrument issued by an air carrier to a shipper that serves as a receipt for goods and as evidence of the contract of carriage, but is not a document of title for the goods. Air conditioner. Often referred to as Air con. A major or home appliance system or mechanism designed to change the air temperature and humidity within an area [used for cooling and sometimes heating depending on the air properties at a given time]. Airconditioning equipment. Equipment for the control of temperature, humidity, purity, and environment such as room, split and unitary package type [aircooled and water-cooled] airconditioners whose prime mover may be steam, electricity, the sun and any other source of power, commercial and industrial airconditioning systems; direct expansion or chilled water systems; airconditioners for all types of vehicles, sealed, semisealed and open type refrigerant compressor of the reciprocating rotary, screw, centrifugal, or absorption type; cooling towers, airblowers, ventilators air handling units, condensers, receivers, and evaporator coils; electric or pneumatic controls. [Sec. 1, PD 1572]. Aircraft. 1. Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface. The term "aircraft", when used in RA 9497 or in regulations issued thereunder, shall refer to civil aircraft only, and will not include State or public aircraft. [Sec. 3, RA 9497]. 2. Any contrivance now known or hereafter invented, used, or designed for navigation of, or flight in, the air. [Sec. 3, RA 776]. Aircraft accident. An occurrence associated with the operation of an aircraft

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which takes place bet. the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which: (1) Any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft of anything attached thereto; or (2) The aircraft receives substantial damage. [Sec. 3, RA 9497]. Aircraft engine. Any engine use, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. [Sec. 3, RA 9497; Sec. 3, RA 776]. Aircraft incident. The occurrence, other than an accident, which is associated with the operation of an aircraft when the safety of the aircraft has been endangered, or is a situation which could endanger an aircraft and if it occurred again in other circumstances. [Sec. 3, RA 9497]. Aircraft piracy. Any actual or attempted seizure or exercise of control, by force or violence, or by any other form of intimidation, with wrongful intent, of an aircraft within the jurisdiction of the Phils. [Sec. 3, RA 9497]. See Hijacking. Aircraft radio station. A radio station on board any aircraft. [Sec. 3, RA 9497; Sec. 3, RA 776]. Airline. A system for scheduled air transport of passengers and freight. Airman. Any individual who engages, as the person in command or as pilot, mechanic, flight radio operator or member of the crew, in the navigation of aircraft while under way; and any individual who is directly in charge of inspection, maintenance, overhauling, or repair of aircraft, aircraft engine, propellers, or appliances; and any individual who serves in the capacity of aircraft dispatcher or air-traffic control operator. [Sec. 3, RA 9497; Sec. 3, RA 776]. Airman license. A written authorization or permission issued to any person for the exercise of the privileges of flying, maintaining, controlling, directing, dispatching, instructing or any other civil aviation activity which is regulated and supervised by the CAAP. [Sec. 3, RA 9497]. Airport. Any area of land or water designed, equipped, set apart or commonly used for affording facilities for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically. [Sec. 3, RA 9497]. Airspace. Intl. Law. The space above a state and coming under its jurisdiction. Airway. A path thru the navigable air space identified by an area of specified width on the surface of the earth designated or approved by the Civil Aeronautics Administrator as suitable for air commerce or air transportation. [Sec. 3, RA 776]. Airway bill. See Air waybill. Airwolf. A kind of sky rocket shaped like an airplane with a propeller to rise about 40 or 50 feet and provide various kinds of light while aloft. [Sec. 2, RA 7183].

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Airworthiness. An aircraft, its engines, propellers, and other components and accessories, are of proper design and construction, and are safe for air navigation purposes, such design and construction being consistent with accepted engineering practice and in accordance with aerodynamic laws and aircraft science. [Sec. 3, RA 9497; Sec. 3, RA 776]. AKPF. See Abot-Kaya Pabahay Fund. Al-Amanah Islamic Investment Bank of the Philippines, The Charter of the. RA 6848 entitled An Act providing for the 1989 charter of the Al-Amanah Islamic Investment Bank of The Phils., authorizing its conduct of Islamic banking business, and repealing for this purpose PD 264 as amended by PD 542 (creating the Phil. Amanah Bank) enacted on Jan. 26, 1990. Alarm. Crim. Law. A light felony created by any person who causes alarm or danger such as firing a gun, exploding a firecracker, or otherwise commits any act calculated to disturb public tranquility. (Art. 155, RPC). Alarms and scandals. Crim. Law. The felony committed by: (a) any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; (b) any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; (c) any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or (d) any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Art. 153 of the Rev. Penal Code applicable. [Art. 155, RPC]. Albularyo. Tag. Quack doctor. [People v. Abo, GR 107235. Mar. 2, 1994]. Alcohol. Alcoholic beverages classified into beer, wine and distilled spirits, the consumption of which produces intoxication. [Sec. 3, RA 10586]. Alcoholism. A diseased condition caused by the excessive use of alcoholic liquors. Continued, excessive or compulsive use of alcoholic drink. Aleatory. Dependent on chance, luck, or an uncertain outcome. Aleatory contract. Civ. Law. 1. A contract whereby one of the parties or both reciprocally bind themselves to give or to do something in consideration of what the other shall give or do upon the happening of an event which is uncertain, or which is to occur at an indeterminate time. [Art. 2010, CC]. 2. A contract which, unlike a conditional agreement whose efficacy is dependent on stated conditions, is at once effective upon its perfection although the occurrence of a condition or event may later dictate the demandability of certain obligations thereunder. [Tibay v. CA, GR 119655. May 24, 1996]. Alevosia. Crim. Law. Sp. Treachery. It exists when the culprit commits the crime by employing means, methods, or forms in the execution thereof which tend to directly and specially insure it without risk to the person of the criminal,

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arising from any defense the injured party might make. [Art. 10, RPC]. Alfonso doctrine. The doctrine enunciated in the leading case of Alfonso v. Pasay [106 Phil. 1017 (1960)] that to determine due compensation for lands appropriated by the Govt., the basis should be the price or value at the time it was taken from the owner and appropriated by the Govt. [Napocor v. CA, GR L56378. June 22, 1984]. Alias. 1. A name or names used by a person or intended to be used by him publicly and habitually usu. in business transactions in addition to his real name by which he is registered at birth or baptized the 1st time or substitute name authorized by a competent authority. A mans name is simply the sound or sounds by which he is commonly designated by his fellows and by which they distinguish him but sometimes a man is known by several different names and these are known as aliases. [Ursua v. CA, GR 112170, Apr. 10, 1996]. 2. Term used to indicate another name by which a person is known. Short for alias dictus; also known as (a.k.a.). Alias subpoena. Rem. Law. One issued after the 1st has been returned without having accomplished its purpose. Alias summons. Rem. Law. Other summons issued the clerk, on demand of the plaintiff, as the case may require, in the same form as the original summons, in case the latter is returned without being served on any or all of the defendants, or if it has been lost. [Sec. 4, Rule 14, RoC]. Alias writ. Rem. Law. 1. A 2nd writ, or court order, issued in the same case after an earlier writ of that kind has been issued but has not been effective. 2. A 2nd or further writ. Alias writ of execution. Rem. Law. One issued after the 1st has been returned without accomplishing its purpose. Alibi. 1. The plea of having been elsewhere than at the scene of the crime at the time of the commission of the felony. [People v. Bracamonte, GR 95939, June 17, 1996]. 2. A defense that places the defendant at the relevant time of the crime in a different place than the scene involved and so removed therefrom as to render it impossible for him to be the guilty party. [People v. Acob, 246 SCRA 715, 723 (1995)]. Alibi. Requisites: To establish it, the accused must show (a) that he was at some other place for such a period of time (b) that it was impossible for him to have been at the place where the crime was committed at the time of its commission. [US v. Oxiles, 20 Phil. 587; People v. Palomos, 49 Phil. 601; People v. Resabal, 50 Phil. 780]. Alien. A foreign-born person who has not qualified as a citizen of the country. Alien Employment Permit (AEP). A document issued by the Sec. of Labor and Employment through the DOLERegional Director, who has jurisdiction over the intended place of work of the foreign national, authorizing the foreign national to work in the Phils. Alien Social Integration Act of 1995, The. RA 7919 entitled An Act granting legal residence status to certain aliens through a social integration program in

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the Phils. under certain conditions enacted on Feb. 24, 1995. Alienable. Able to be transferred to new ownership. Alienable and disposable lands. Lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. [Sec. 4, RA 7900; Sec. 3, PD 705]. Alienable or Disposable lands. [The term is limited] only to those lands which have been officially delimited and classified. [Chavez v. PEA, GR 133250, J uly 9, 2002]. Alienate. To sell or give completely and without reserve; to transfer title to somebody else. A voluntary conveyance of property, esp. real property. Alienation. The transfer of the property and possession of lands, tenements, or other things from one person to another. The act by which the title to real estate is voluntarily assigned by one person to another and accepted by the latter, in the form prescribed by law. [Roxas v. CA, GR 92245. June 26, 1991]. Alienation of affection. Actionable behavior by a 3rd person who causes a split or loss of affection bet. 2 spouses by his wrongful conduct such that a spouse voluntarily leaves by being thus enticed away. Alienist. One who treats the diseases of the mind, a physician who specializes in psychiatry. [People v. Medina, GR 113691. Feb. 6, 1998]. Alignment. Arrangement in a straight line, or in correct relative positions. Alignment characteristics. The writing characteristics and habits existing in the questioned and standard signatures [based on] the relationship of the letters in the name with the base line or where the letters rest. [Obando v. People, GR 138696, July 7, 2010]. Compare with Arrangement characteristics and Proportion characteristics. Alimony. An amount given by one spouse to another while they are separated. Alimony pendente lite. The payment of alimony during the pendency of an action bet. spouses. Alipin. Tag. Slave. Aliquot. Fractional. Aliunde. Lat. From another source; from elsewhere; from outside. 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. All. The whole extent or quantity of, the entire number of, every one of. [Chua v. Cabangbang, GR L-23253. Mar. 28, 1969]. All risks. The term is given a broad and comprehensive meaning as covering any loss other than a willful and fraudulent act of the insured. [Filipino Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989].

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All risks insurance. An insurance the very purpose of which is to give protection to the insured in those cases where difficulties of logical explanation or some mystery surround the loss or damage to property. [Filipino Merchants Ins. Co., Inc. v. CA, GR 85141. Nov. 28, 1989]. All risks policy. 1. Insurance against all causes of conceivable loss or damage, except as otherwise excluded in the policy, or due to fraud or intentional misconduct on the part of the insured. 2. Insurance policies which insure against all causes of conceivable loss or damage. The only exceptions are those excluded in the policy, or those sustained due to fraud or intentional misconduct on the part of the insured. [Mayer Steel Pipe Corp. v. CA,GR 124050. June 19, 1997]. Allegans contraria non est audiendus. Lat. Contradictory statements will not be heard or considered. Allegans suam turpitudinem non est audendus. Lat. He who goes to court must do so with clean hands. It is axiomatic that he who alleges his own disgrace should not be heard [Dir. of Lands v. Abiertas, 44 O.G. 937]. Allegata et probata. Lat Things alleged and proved. The allegations made by a party to a suit and the proof adduced in their support. Allegatio falsi. Lat. False allegation [North Camarines Lumber v. Metropolitan Ins., 65 O.G. 1312; 12 C.A.R. (2s) 978]. Allegation. A statement of the issues in a written document [a pleading] which a person is prepared to prove in court. Allege. To state, recite, assert, or charge the existence of particular facts as in a pleading. Allegiance. The obligation of fidelity and obedience which individuals owe to the govt. under which they live or to their sovereign in return for the protection which they receive. [People v. Echegaray, GR 117472. Feb. 7, 1997]. Alley. A public way intended to serve both pedestrian and emergency vehicles, and also access to lots, both end always connecting to streets. [Sec. 3, BP 220]. Alliance. A military treaty bet. 2 or more states, providing for a mutually-planned offensive, or for assistance in the case of attack on any member. Allision. A collision bet. a moving vessel and a stationary object. Allocation. The act of assigning a position to its proper class and salary grade. [Sec. 3, PD 985]. Allonge. A piece of paper which has been attached to a contract, a check or any promissory note, on which to add signatures because there is not enough room on the main document. Allot. To give or apportion something to someone as a share or task. Allotment. The amount of something allocated to a particular person. Allotments. Authorizations issued by the DBM to an agency which allow the latter to incur obligations within a specified amount, as duly authorized by a Legislative appropriation. [Sec. 3, EO 518].

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Allow. 1. To admit an event or activity as legal or acceptable. 2. To give someone permission to do something. Allow Departure Order (ADO). A directive that allows the traveler to leave the territorial jurisdiction of the Phils. This is issued upon application to the Commissioner of Immigration and the appropriate government agency. [An outline of Phil. Immigration and Citizenship Laws, Vol. I, Ledesma, p. 34]. Compare with Hold Departure Order. Allowance. A benefit over and above the basic salary of an employee. Allowance for good conduct. The deductions to which any offender qualified for credit for preventive imprisonment pursuant to Art. 29 of the Rev. Penal, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall be entitled from the period of his sentence for his good conduct [during such imprisonment or detention]. [Art. 97, RPC, as amended by RA 10592]. Allowance for good conduct (for each month of good behavior). The term refers to good behavior of a prisoner while he is serving his term as a convict. [Baking v. Dir. of Prisons, GR L-30364. July 28, 1969]. Allowance of wills. Also Probate of wills. A special proceeding for establishing the validity of the will or for the purpose of proving that the instrument offered for probate is the last will and testament of the testator, that it has been executed in accordance with the formalities prescribed by law, and that the testator had the necessary testamentary capacity at the time of the execution of the will. [Jurado, Comments and Jurisp. on Succ., 1991 8th Ed., p. 133]. Allowance of wills probated abroad. Evidence necessary: (a) the due execution of the will in accordance with the foreign laws; (b) the testator has his domicile in the foreign country and not in the Phils.; (c) the will has been admitted to probate in such country; (d) the fact that the foreign tribunal is a probate court, and (e) the laws of a foreign country on procedure and allowance of wills. [Vda. De Perez v. Tolete, GR 76714. June 2, 1994]. Alluvial. Of, relating to or derived from alluvium: "rich alluvial soils." Alluvial deposits. Alluvial sediment: clay or silt or gravel carried by rushing streams and deposited where the stream slows down. Alluvial deposits along the banks of a creek. Accretions deposited gradually upon lands contiguous to creeks, streams, rivers, and lakes, by accessions or sediments from the waters thereof [which] belong to the owners of such lands. [Art. 84, Sp. Law of Waters of 1866, in relation to Art. 457, CC]. Alluvion. Also Alluvium. Prop. Soil deposited to the lands adjoining the banks of the rivers and gradually received as an effect of the current of the waters. It is owned by the riparian owners. 2. The accretion which lands adjoining the banks of rivers gradually receive from the effects of the current of the waters and which belongs to the owners of such lands. [Art. 457, CC]. See Accretion.

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Alluvium. A deposit of clay, silt, sand, and gravel left by flowing streams in a river valley or delta, typically producing fertile soil. See Alluvion. Almost. Nearly; in large part; well-nigh; little short of [Phil. Amer. Drug Co. v. CIR, GR L-15162. Apr. 18, 1962]. Also. In addition; as well; besides, too. [Sarmiento III v. Mison, GR 79974. Dec. 17, 1987]. Alter. To add, change, substitute or omit something from a pleading or instrument. [Cuenco v. Laya, GR L-31252. Dec. 22, 1969]. Alter ego. Lat. Another self. An alter ego company is one that is not treated by its owners as a separate entity. Alter ego doctrine. A doctrine based upon the misuse of a corporation by an individual for wrongful or inequitable purposes, and in such case the court merely disregards the corporate entity and holds the individual responsible for acts knowingly and intentionally done in the name of the corporation. The doctrine imposes upon the individual who uses a corporation merely as an instrumentality to conduct his own business liability as a consequence of fraud or injustice perpetuated not on the corporation, but on 3rd persons dealing with the corporation. [Cited Sulo ng Bayan, Inc. v. Araneta, Inc., GR L-31061 Aug. 17, 1976]. Alter ego principle. The rule that members of Cabinet may act for and in behalf of the Pres. in certain matters because the Pres. cannot be expected to exercise his control [and supervisory] powers personally all the time. Each head of a department is, and must be, the President's alter ego in the matters of that department where the Pres. is required by law to exercise authority. [Villena v. Sec. of the Interior, 67 Phil. 451, 464 (1939)]. Alteration. Civ. Law. 1. The act by virtue of which a co-owner, in opposition to the common agreement, if there is any, or, in the absence thereof, to the tacit agreement of all the co-owners, and violating their will, changes the thing from the state in which the others believe it should remain, or withdraws it from the use to which they desire to be intended. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 192]. 2. Changing or making different. Alteration or Amendment. Rem. Law. The act of adding, changing, substituting or omitting something from a pleading or instrument. In plain words, a pleading or instrument may be amended either by correcting or by omitting any word, phrase or sentence set forth therein, or by adding something to it. In the last instance we have the case of an amendment by addition. [Cuenco v. Laya, GR L-31252. Dec. 22, 1969]. Compare with Spoliation. Altering boundaries or landmarks. Crim. Law. The felony committed by any person who shall alter the boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. [Art. 313, RPC]. Alternat. Intl. Law. Fr. Alternation. An arrangement under which each negotiator is allowed to sign first on the copy of the treaty which he will bring home to his country, the purpose being to preserve the formal appearance of equality

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among the contracting states and to avoid delicate questions of precedence among its signatories. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 96]. Alternate. 1. V. To occur in turn repeatedly. 2. N. A person who acts as a deputy or substitute. Alternative. One of 2 or more available possibilities. Alternative causes of action or defenses. 2 or more statements of a claim or defense which a party may set forth alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When 2 or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. [Sec. 2, Rule 8, RoC]. Alternative circumstances. 1. Those circumstances which must be taken into consideration as aggravating or mitigating acc. to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. [Art. 15, RPC]. 2. Those circumstances that are either aggravating or mitigating acc. to the nature and effects of the crime and other conditions attending its commission. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 52]. Alternative defendants. Any or all of several persons against whom the plaintiff is entitled to relief and of whom he is uncertain may be joined as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other. [Sec. 13, Rule 3, RoC]. Alternative dispute resolution (ADR). 1. The methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usu. through one of 2 forms: mediation or arbitration. It typically involves a process much less formal than the traditional court process and includes the appointment of a 3rd-party to preside over a hearing bet. the parties. The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise. 2. Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others. Alternative dispute resolution (ADR) system. Any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a govt. agency, as defined in RA 9285, in which a neutral 3rd party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. [Sec. 3, RA 9285]. Alternative fuel vehicle or engine. Vehicle or or engines that use alternative fuels such as biodiesel, bioethanel, natural gas, electricity, hydrogen and automotive LPG instead of gasoline and diesel. [Sec. 3, RA 9367]. Alternative health care modalities. Other forms of non-allopathic, occasionally non-indigenous or imported healing

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methods, though not necessarily practiced for centuries nor handed down from one generation to another. Some alternative health care modalities include reflexology, acupuncture, massage, acupressure, chiropractics, nutritional therapy, and other similar methods. [Sec. 4, RA 8423]. Alternative learning system. A parallel learning system to provide a viable alternative to the existing formal education instruction. It encompasses both the non-formal and informal sources of knowledge and skills. [Sec. 4, RA 9155]. Alternative medicine. A catch-all term embracing the sum total of knowledge, skills and practices on health care, other than those embodied in biomedicince used the prevention, diagnosis, and elimination of physical or mental disorder. As a rule, it includes the use of traditional healing practices as well as herbal medicine and natural products. [RA 8423, Traditional and Alternative Medicine Act of 1997]. Alternative obligation. An obligation wherein various prestations are due, but the performance of one of them is sufficient, determined by the choice which as a general rule belongs to the debtor. [Art. 1199, CC]. Compare with Facultative obligation. Alterum non laedere. Lat. Not to injure others. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Alumina smelting and refining. The production and manufacture of aluminum from ore or alumina into one or more basic forms such as ingots, billets, bars, sheets, strips, circles, tubes, rods, and castings, pipes, section and extrusions. [Sec. 2, RA 4095]. Amalgam. 1. A mixture or blend. 2. An alloy of mercury with another metal, esp. one used for dental fillings. Amalgamation. The merging of 2 things together to form one such as the amalgamation of different companies to form a single company. Ambassador. A citizen that has been officially asked by his country to live in another country in order to legally represent it. Ambassador extraordinary or plenipotentiary. The highest rank of diplomatic agent; the personal representative of the head of one state accredited to the head of another state. Ambassador extraordinary. A designation ordinarily given to a non-accredited personal representative of the head of state. Ambassador-designate. A diplomatic agent who has been designated by the head of state, approved by the head of state to whom he will be accredited, but has not presented his credentials. Ambient. Of or relating to the immediate surroundings of something. Ambient air quality. The average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area. [Sec. 62, PD 1152]. Ambiguity. A condition of admitting 2 or more meanings, of being understood in more than one way, or of referring to 2

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or more things at the same time. For a statute to be considered ambiguous, it must admit of 2 or more possible meanings. [Abello v. Comm. of Int. Rev. 492 Phil. 303, 309-310 (2005)]. Ambiguous. 1. Open to more than one interpretation; having a double meaning. 2. Unclear or inexact because a choice bet. alternatives has not been made. Ambiguous statute. A statute [that is] admissible of 2 or more possible meanings, in which case, the Court is called upon to exercise one of its judicial functions, which is to interpret the law acc. to its true intent. [RCBC v. IAC, GR 74851 Dec. 9, 1999]. Ambulance chaser. 1. Any act of improper solicitation of cases such as fomenting litigation or instigating unnecessary lawsuits. [Juan-Bautista, Legal and Judicial Ethics, 2002 Ed., p. 9]. 2. A lawyer who haunts hospitals and visits then homes of the afflicted, officiously intruding their presence and persistently offering his service on the basis of a contingent fee. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46-47]. Ambulance chasing. Figuratively, the lawyers act of chasing an ambulance carrying the victim of an accident for the purpose of talking to the said victim or relatives and offering his legal services for the filing of a case against the person who caused the accident. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46]. Ambulant. Itinerant; travelling; traveling; ambulatory. Ambulatory. 1. Something which is not cast in stone; which can be changed or revoked, such as a will. AMCFP. See Agro-Industry Modernization Credit and Financing Program. Amend. 1. To change or modify for the better, to alter by modification, deletion, or addition. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. 2. To change, to revise, usu. to the wording of a written document such as legislation. Amendatory. Serving or tending to amend; corrective. Amended and clarified judgment. A judgment rendered by the lower court after having made a thorough study of the original judgment and only after considering all the factual and legal issues. The amended and clarified decision is an entirely new decision which supersedes the original decision. [Magdalena Estate, Inc. v. Caluag, 11 SCRA 333 (1964); Sta. Romana v. Lacson, 104 SCRA 93 (1981)]. Amended pleadings. Pleadings amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner. [Sec. 1, Rule 10, RoC]. Amendment. Isolated or piecemeal change of the instrument. [Cruz, Constl. Law, 1998 Ed., p. 11]. Compare with Revision.

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Amentia. Lack of development of intellectual capacity as a result of inadequate brain tissue. Amicable. Having a spirit of friendliness; without serious disagreement or rancor. Amicable settlement. A mutually negotiated and agreed upon resolution of a dispute. Amici. Plural form of Amicus. Amici par excellence. Bar associations which appear in court as friends to expound on some matters of law for the information of the court. [Juan-Bautista, Legal and Judicial Ethics, 2002 Ed., p. 9]. Amicus. An impartial adviser, often voluntary, to a court of law in a particular case. Amicus curiae. Lat. Friend of the court. 1. A lawyer who volunteers or is requested by the court to appear to give information to the judge or the court on some doubtful questions of law. [JuanBautista, Legal and Judicial Ethics, 2002 Ed., p. 8]. 2. Persons asking for permission to intervene in a case in which they are neither plaintiff or defendant, usu. to present their point of view [or that of their organization] in case which has the potential of setting a legal precedent in their area of activity. AMLC. See Anti-Money Laundering Council. Ammunition .A complete unfixed unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for use in any firearm. [Sec. 3, RA 10591]. Amnesia. Legal Med. The loss of memory of either a recent event or of past events as observed in head injuries. [Olarte, Legal Med., 1st Ed. (2004), p. 147]. Amnesty. 1. It commonly denotes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended by some breach the law of nations. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 2. An act of the sovereign power granting oblivion or general pardon for the past offense, and is rarely, if ever, exercised in behalf of a certain class of persons, who are subject to trial but have not yet been convicted. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 312]. Amoebic colitis. An infectious disease caused by endamoeba hystolytica, frequently producing a painful passage of bloody mucoid stool. Infection is acquired by ingestion of food or drink contaminated by feces containing amoebic cyst. The tumor commences in the mucous membrane and gradually invades the deeper structures. Genetic influence is a predisposing factor. Anemia is a condition in which the normal amount of red blood cells is reduced. It may be due to blood loss secondary to the passing out of blood in the stool. [Sierra v. GSIS, GR 50954. Feb. 8, 1989]. Amortization. The extinguishment of a debt or loan through payment by installment over a stipulated period of time. Amortize. Reduce or extinguish [a debt] by money regularly put aside. Gradually write off the initial cost of [an asset].

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Amortizing owners. Landowners who still amortize payment for the land to a private individual or to the State. [Sec. 3, RA 10000]. Amount. A quantity of something, typically the total of a thing or things in number, size, value, or extent. Amount financed. In a consumer credit sale, it constitutes the cash price plus non-finance charges less the amount of any downpayment whether made in cash or in property traded in, or in a consumer loan the amount paid to, receivable by or paid or payable to the buyer or to another person in his behalf. [Art. 4, RA 7394]. Amount in controversy. For purposes of determining jurisdiction, the amount of the contract or the value of the property subject of the contract. Amparo. Sp. Protection. Amparo, Writ of. A remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof. [Rule on the Writ of Amparo, Sec. 1, AM 07-9-12-SC, Oct. 24, 2007]. See Writ of amparo. Ampere. The base unit of electric current which is that constant current which, if maintained in 2 parallel conductors of infinite length, of negligible circular crosssection, and placed one metre apart in vacuum, would produce bet. these conductors a force equal to 2 x 10-7 newton per metre of length. [Sec. 4, BP 8]. Amphetamines. Synthetic amines which act with a pronounced stimulant effect on the central nervous system. They are the 1st and last drugs which cause a subjective feeling of improved mood true euphoria, in fact - and it is for this reason that they cause states of psychic dependence. [People v. Angeles, GR 92850. June 15, 1992]. Ample. Enough or more than enough; plentiful. Large and accommodating. Ample opportunity. Every kind of assistance that management must accord to the employee to enable him to prepare adequately for his defense. [Ruffy v. NLRC, GR 84193. Feb. 15, 1990]. Ample opportunity to be heard. Any meaningful opportunity [verbal or written] given to the employee to answer the charges against him and submit evidence in support of his defense, whether in a hearing, conference or some other fair, just and reasonable way. [Perez v. Phil. Telegraph and Telephone Co., GR 152048, Apr. 7, 2009]. Amusement. 1. A pleasurable diversion and entertainment. It is synonymous to relaxation, avocation, pastime, or fun. [Sec. 131, RA 7160]. 2. A pleasurable occupation of the senses, diversion, or enjoyment. [PAGCOR v. Phil. Gaming Jurisdiction Inc., GR 177333, Apr. 24, 2009]. Compare with Game. Amusement places. Theaters, cinemas, concert halls, circuses and other places of amusement where one seeks admission to entertain oneself by seeing or viewing the show or performances. [Sec. 131, RA 7160].

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Anadromous. Migrating up rivers from the sea to spawn. Anadromous species. Marine fishes which migrate to freshwater areas to spawn. [Sec. 4, RA 8550]. Analogous. Allied or similar. Analogy. 1. A comparison bet. 2 things, typically on the basis of their structure and for the purpose of explanation or clarification. 2. A correspondence or partial similarity. Ancestor. A person, typically one more remote than a grandparent, from whom one is descended. Ancestral. Of, belonging to, inherited from, or denoting an ancestor or ancestors. Ancestral domains. All areas generally belonging to Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs or IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of govt. projects or any other voluntary dealings entered into by govt. and private individuals or corporations, and which are necessary to ensure their economic, social and cultural welfare. [Sec. 4, RA 8371]. Ancestral lands. 1. All lands exclusively and actually possessed, occupied, or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law. [Sec. 3, RA 7942]. 2. Land occupied, possessed and utilized by individuals, families and clans who are members of the Indigenous Cultural Communities or Indigenous Peoples [ICCs or IPs] since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of govt. projects and other voluntary dealings entered into by govt. and private individuals or corporations, incl., but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. [Sec. 4, RA 8371]. Ancestry. One's family or ethnic descent. Anchor. A heavy object attached to a vessel by a cable or rope and cast overboard to keep the vessel in place either by its weight or by its flukes, which grip the bottom. Anchorage. A place with sufficient depth of water where vessels anchor or may ride at anchor or may ride at anchor within the harbor. [Sec. 3, PD 857]. Ancient. Belonging to the very distant past and no longer in existence. Ancient document. A private document which is more than 30 years old, produced from a custody in which it would naturally be found if genuine, and is unblemished by alterations or circum-

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stances of suspicion. [Claverias v. Quingco, GR 77744. Mar. 6, 1992]. Ancient document rule. For a private ancient document to be exempt from proof of due execution and authenticity, it is not enough that it be more than 30 years old; it is also necessary that the following requirements are fulfilled; (a) that it is produced from a custody in which it would naturally be found if genuine; and (b) that it is unblemished by any alteration or circumstances of suspicion. [Lacsa v. CA, GR 79597-98. May 20, 1991]. Ancillary. A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled. Ancillary industries. Fisheries Law. Firms or companies related to the supply, construction and maintenance of fishing vessels, gears, nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold storage and refrigeration, processing plants and other pre-harvest and postharvest facilities. [Sec. 4, RA 8550]. Ancillary jurisdiction doctrine. The rule that in an action before the RTC, the counterclaim may be considered compulsory regardless of the amount. [Sec. 7, Rule 6, RoC]. Ancillary jurisdiction. Power of court to adjudicate and determine matters incidental to the exercise of its primary jurisdiction of an action. Ancillary services. Those services that are necessary to support the transmission of capacity and energy from resources to loads while maintaining reliable operation of the transmission system in accordance with good utility practice and the grid code to be adopted in accordance with RA 9136. [Sec. 4, RA 9136]. And. A conjunction pertinently defined as meaning "together with," "joined with;" "along or together with," "added to or linked to," used to conjoin word with word, phrase with phrase, clause with clause. [Phil. Consti. Assoc. v. Mathay, GR L-25554. Oct. 4, 1966]. Anemia. A condition in which the normal amount of red blood cells is reduced. [Sierra v. GSIS, GR 50954. Feb. 8, 1989]. Angary. The legal right of a belligerent to seize, use, or destroy the property of a neutral, provided that full compensation is made. Angary, Right of. Intl. Law. A right by which a belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offense or defense, neutral property found in its territory, in enemy territory, or on the high seas. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 157]. Animal welfare. The physical and psychological well-being of non-human animals. Animal Welfare Act of 1998, The. RA 8485 entitled An Act to Promote Animal Welfare in the Philippines, Otherwise Known as The Animal Welfare Act of 1998 enacted on Feb. 11, 1998.

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Animus. Lat. Mind, soul, or intention. 1. Hostility or ill feeling. 2. Motivation to do something. Animus contrahendi. Lat. An intention to contract. Animus donandi. Lat. Intent to do an act of liberality. [Tayoto v. Heirs of Cabalo Kusop, GR 74203. Apr. 17, 1990]. Animus fruendi. Lat. The intent to enjoy or receive the fruits. [People v. Ret, 6952-R, Feb. 28, 1952]. Animus furandi. Lat. The intention to steal. [Gardner v. State, 55 N. J. Law, 17. 26 Atl. 30: State v. Slingerland, 19 Nev. 135, 7 Pac 280]. Animus hominis est anima scripti. Lat. The intention of the party is the soul of the instrument. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. Animus interficendi. Lat. Intent to kill. [People v. Quijada, GR 115008-09. July 24, 1996]. Animus lucrandi. Lat. Intent to gain. [People v. Gavina, GR 118076. Nov. 20, 1996]. Animus manendi. Lat. Intention to remain there. [Romualdez v. RTC Tacloban, 226 SCRA 408, 415]. Animus non revertendi. Lat. 1. An intention not to return. 2. An intention to abandon the old domicile. [Romualdez v. RTC Tacloban, 226 SCRA 408, 415]. Animus novandi. Lat. Intention to novate. [Tui Siuco v. Habana, GR 21106; 45 Phil. 707; La Tondea v. Alto Surety, 101 Phil. 879, GR L-10132]. Animus occupandi. Lat. Intention to take possession of or seize. Legal rule that in order for a state to claim title to a territory, the state must intend to exercise sovereign powers therein. Animus possidendi. Lat. An intent to possess. [Veroy v. Layague, GR 95630. June 18, 1992]. Animus rem sibi habiendi. Lat. Intent to appropriate the thing as ones own. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 465]. Animus revocandi. Lat. Intent to revoke. [Maloto v. CA, GR 76464. Feb. 29, 1988]. Annex. To attach, and often, specifically, to subjoin. To add to; to unite. Annexes to the Chicago Convention. The documents issued by the International Civil Aviation Organization (ICAO) containing the standards and recommended practices applicable to civil aviation. [Sec. 3, RA 9497]. Annotations. Remarks, notes, case summaries, or commentaries following statutes which describe interpretations of the statute. Annual allowable cut. The volume of materials, whether of wood or other forest products, that is authorized to be cut regularly from the forest. [Sec. 3, PD 705]. Annual budget. A financial plan embodying the estimates of income certified as reasonably collectible by the provincial treasurer in the case of provinces and their respective municipalities and by the city treasurer in the case of cities, and appropriations covering the pro-

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posed expenditures for the ensuing fiscal year. [Sec. 14, PD 477]. Annual income. Revenues and receipts realized by provinces, cities and municipalities from regular sources of the local general and infrastructure funds incl. the internal revenue and specific tax allotments provided for in PDs 144 and 436, both as amended, but exclusive of nonrecurring receipts, such as other national aids, grants, financial assistance, loan proceeds, sales of fixed assets, and similar others. [Sec. 4, EO 249, July 25, 1987]. Annual procurement plan. The itemized list prepared by the head of the department or office showing the kind, estimated quantity, estimated cost, description of supplies or property together with the balance on hand, if any, required by the department or office for the ensuing fiscal year. [Sec. 4, Rules and Regulations on Supply and Property Management]. Annual procurement program. The itemized list prepared by the local chief exec. showing the kind, estimated quantity, estimated cost, description of supplies together with the balance on hand, if any, required by the local govt. for the ensuing fiscal year. The annual procurement program shall essentially be based on the annual procurement plan. [Sec. 4, Rules and Regulations on Supply and Property Management]. Annuity. An amount payable yearly or at other regular intervals (e.g., quarterly) for a certain or uncertain period [as for years or for life, as in the case of an endowment fund]. The term may refer to the right to receive such annuities, or to the agreement or contract whereby in return for capital consisting of money or other property given by the annuitant [one entitled to receive the benefits], the recipient binds himself to pay the stipulated annuity. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 97]. Annul. To reduce to nothing; to annihilate; obliterate; blot out; to make void or of no effect; to nullify; to abolish. [Nuguid v. Nuguid, GR L-23445. June 23, 1966]. Annullable contract. See Voidable contract. Annulment. Making void; Canceling an event or judicial proceeding both retroactively and for the future. Annulment of a contract, action for the. An action which may be instituted by all who are thereby obliged principally or subsidiarily under the contract. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. [Art. 1397, CC]. Annulment of judgment. Grounds: (a) that the judgment is void for want of jurisdiction or lack of due process of law, or (b) that it has been obtained by fraud. [Santos v. CA, GR 59771. July 21, 1993]. Anonymous. [A person] not identified by name; of unknown name. Anonymous testing. An HIV testing procedure whereby the individual being tested does not reveal his/her true identity. An identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test

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and the person on whom the test is conducted to match the test results with the identifying number or symbol. [Sec. 3, RA 8504]. Anorexia nervosa. Legal Med. A disorder characterized by a distorted body image, an extreme fear of obesity, refusal to maintain a minimally normal body weight, and in women, the absence of menstrual periods. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Compare with Bulimia nervosa. Anovulatory. The 1st menstrual period of a girl characterized by the absence of ovulation. Answer. 1. A pleading in which a defendant or other adverse party sets forth the negative and affirmative defenses upon which he relies. [Sec. 4, Rule 6, RoC]. 2. A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint. Answers to interrogatories. A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments. Ante litem motam. Lat. Before the controversy. [Sec. 39, Rule 130, RoC]. Ante mortem. Preceding death. Ante mortem statement. A statement made in view of death, by one injured, as to the cause and manner of the injury, which is often receivable in evidence against the one charged with causing the death. See Dying declaration. Ante nuptial. An event or document which pre-dates a marriage. Ante-nuptial agreement. One which is signed before marriage. Ante-nuptial gift. A gift given by one spouse to the other before marriage. Antecedence. Priority: preceding in time. Antecedent. Preceding in time or order; previous or preexisting. Antecedent intelligence. Otherwise known as the Doctrine of last clear chance. Antedate. To date back; retroactively. To date a document to a time before it was written. To date back; retroactively. To date a document to a time before it was written. Antedated check. A check that is dated earlier than when it was actually drawn or delivered to make it appear that it had been drawn earlier but delayed in delivery. Note that it is not invalid for that reason unless it is drawn for an illegal or fraudulent purpose. [Sec. 8, Act 2031, NIL]. Antedated instrument. A negotiable instrument where the date appearing thereon is earlier than the true date of its issuance. Compare with Postdated instrument. Anthropogenic. Environmental pollution and pollutants originating in human activity. Anthropology. 1. The study of humankind, in particular. 2. The comparative study of human societies and cultures and their development.

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Anthropogenic causes. Causes resulting from human activities or produced by human beings. [Sec. 3, RA 9729]. Anthropological area. Any place where studies of specific cultural groups are being or should be undertaken in the field of anthropology. Anthropology in this case is descriptive, interpretative and comparative study of all aspects of various cultural linguistic groups incl. the collection and analysis of their particular material culture. [Sec. 3, RA 4846]. Anti. 1. Opposed to; against. 2. A person opposed to a particular policy, activity, or idea. Anti-Alias Law. CA 142, as amended by RA 6085, entitled An Act to Regulate the Use of Aliases enacted on 7 Nov. 1936. Anti-Cable Television and Cable Internet Tapping Act of 2013. RA 10515 entitled An Act Prohibiting and Penalizing Unauthorized Interception, Reception or Use of Any Signal or Service Over a Cable Television System or Cable Internet System and/or Network, and for Other Purposes enacted on Apr. 17, 2013. Anti-Carnapping Act of 1972. RA 6539 entitled An Act preventing and penalizing carnapping enacted on Aug. 26, 1972. Anti-Cattle Rustling Law of 1974. PD 533 signed into law on Aug. 8, 1974. Anti-Child Pornography Act of 2009. RA 9775 entitled An Act Defining the Crime of Child Pornography, Prescribing Penalties Therefor and for Other Purposes enacted on Nov. 17, 2009. Antichresis. Civ. Law. The pledge of real property as security for a debt. Antichresis contract. A contract whereby the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit. [Art. 2132, CC]. Anticipation. The action of anticipating something; expectation or prediction. Anticipation of duties of a public office. The assumption by any person of the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law. [Art. 236, RPC]. Anticipatory. 1. Happening, performed, or felt in anticipation of something. 2. Taking the form of an announcement or indication that a contract will not be honored. Anticipatory breach. A breach of contract committed prior to the time of required performance. Anticipatory breach doctrine. The rule that where the covenant or contract is entire, and the breach total, there can be only action, and the plaintiff must therein recover all his damages. [Blossom & Co. v. Manila Gas, GR 32958. Nov. 8, 1930]. Anti-Deadly Arrow Law. RA 3553 entitled An Act to Prohibit the Possession of Deadly Arrow enacted on June 21, 1963. Anti-Drunk and Drugged Driving Act of 2013. RA 10586 entitled An Act Penalizing Persons Driving Under the Influ-

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ence of Alcohol, Dangerous Drugs, and Similar Substances, and for Other Purposes enacted on May 27, 2013. Anti-Dummy Law. CA 108, as amended by PD 715, entitled An Act to Punish Acts of Evasion of the Laws on The Nationalization of Certain Rights, Franchises or Privileges enacted on Oct. 30, 1936. Anti-Dumping Duty. The amount of duty levied on a dumped product, commodity or article of commerce to discourage its importation into the Phils. [RA 8752, Anti-Dumping Act of 1999]. Anti-Electricity and Electric Transmission Lines or Materials Pilferage Act of 1994. RA 7832 entitled An Act Penalizing the Pilferage of Electricity and Theft of Electric Power Transmission Lines or Materials, Rationalizing System Losses by Phasing Out Pilferage Losses as a Component Thereof, and for Other Purposes enacted on Dec. 8, 1994. Anti-Enforced or Involuntary Disappearance Act of 2012, The. RA 10353 entitled An Act Defining and Penalizing Enforced or Involuntary Disappearance enacted on Dec. 21, 2012. Anti-Fencing Law of 1979. PD 1612 entitled Anti-Fencing Law signed into law on Mar. 2, 1979. Anti-Graft and Corrupt Practices Act. RA 3019 enacted on Aug. 17, 1960. Anti-graft and corrupt practices. Elements: (a) The accused is a public officer discharging administrative or official functions or private persons charged in conspiracy with them; (b) the public officer committed the prohibited act during the performance of his official duty or in relation to his public position; (c) the public officer acted with manifest partiality, evident bad faith or gross, inexcusable negligence; and (d) his action caused undue injury to the Govt. or any private party, or gave any party any unwarranted benefit, advantage or preference to such parties. [Quibal v. Sandiganbayan, GR 109991. May 22, 1995]. Anti-Hazing Law. RA 8049 entitled An Act Regulating Hazing and Other Forms of Initiation Rites in Fraternities, Sororities, and Organizations and Providing Penalties Therefor enacted on June 7, 1995. Anti-Hijacking Law. RA 6235 entitled An Act Prohibiting Certain Acts Inimical to Civil Aviation, and for Other Purposes enacted on June 19, 1971. Anti-Money Laundering Council (AMLC). The Council created by virtue of RA 9160, as amended, otherwise known as the Anti-Money Laundering Act of 2001, as amended. [Sec. 3, RA 10168]. Anti-Photo and Video Voyeurism Act of 2009. RA 9995 entitled An Act Defining and Penalizing the Crime of Photo and Video Voyeurism, Prescribing Penalties Therefor, and for Other Purposes enacted on Feb. 15, 2010. Anti-Piracy and Anti-Highway Robbery Law of 1974. PD 532 signed into law on Aug. 8, 1974. Anti-Plunder Act. RA 7080 entitled An Act Defining and Penalizing the Crime of Plunder enacted on July 12, 1991. Antique. A collectible object such as a piece of furniture or work of art that has

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a high value because of its considerable age. Antique firearm. Any: (1) firearm which was manufactured at least 75 years prior to the current date but not incl. replicas; (2) firearm which is certified by the Natl. Museum of the Phils. to be curio or relic of museum interest; and (3) any other firearm which derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its association with some historical figure, period or event. [Sec. 3, RA 10591]. Antiques. Cultural properties found locally which are 100 years or more in age or even less, but their production having ceased, they have, therefore, become or are becoming rare. [Sec. 3, RA 4846]. Anti-Rabies Act of 2007. RA 9482 entitled An Act Providing for the Control and Elimination of Human and Animal Rabies, Prescribing Penalties for Violation Thereof and Appropriating Funds Therefor enacted on May 25, 2007. Anti-Rape Law of 1997, The. RA 8353 entitled An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime Against Persons, Amending for the Purpose Act 3815, as Amended, Otherwise Known as the Rev. Penal Code and for Other Purposes enacted on Sep. 30, 1997. Anti-Red Tape Act of 2007. RA 9485 entitled An Act to Improve Efficiency in the Delivery of Govt. Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft And Corruption, and Providing Penalties Therefor enacted on June 2, 2007. Anti-Sexual Harassment Act of 1995. RA 7877 entitled An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for Other Purposes enacted on Feb. 14, 1995. Anti-Squatting Law Repeal Act of 1997. RA 8368 entitled An Act Repealing PD 772, Entitled 'Penalizing Squatting and Other Similar Acts enacted on Oct. 27, 1997. Anti-Subversion Act. The law which criminalizes any act or conspiracy to overthrow the government for the purpose of establishing a totalitarian regime, and to a place the government under the control and domination of an alien power. [Sec. 2, RA 1700, AntiSubversion Act]. Anti-Terrorism Council (ATC). 1. A Council created under RA 9372 the members of which are: (1) the Exec. Sec., who shall be its Chairperson; (2) the Sec. of Justice, who shall be its Vice Chairperson; and (3) the Sec. of Foreign Affairs; (4) the Sec. of Natl. Defense; (5) the Sec. of the Interior and Local Govt.; (6) the Sec. of Finance; and (7) the Natl. Security Advisor, as its other members. The Council shall implement RA 9372 and assume the responsibility for the proper and effective implementation of the anti-terrorism policy of the country [and] shall formulate and adopt comprehensive, adequate, efficient, and effective anti-terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the country and to protect the people from acts of terrorism. [Sec. 53, RA 9372]. 2. The Council created by, virtue of RA 9372, otherwise known as the Human Security Act of 2007. [Sec. 3, RA 10168].

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Anti-Torture Act of 2009. RA 9745 entitled An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties Therefor enacted on Nov. 10, 2009. Anti-Violence Against Women and Their Children Act of 2004. RA 9262 entitled An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes enacted on Mar. 8, 2004. Anti-Wire Tapping Act. RA 4200 entitled An Act to prohibit and penalize wire tapping and other related violations of the privacy of communication, and for other purposes enacted on June 19, 1965. Antrefois acquit. French for "previously convicted." A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and acquitted of the same offense. [First used in People v. Hernando, GR L-55213, Oct. 9, 1981]. See also Autrefois acquit. Anxiety. A feeling of worry, nervousness, or unease, typically about an imminent event or something with an uncertain outcome. Anxiety neurosis. A gration of personal the course of the [Galanida v. ECC, 24, 1987]. progressive disinteinstability arising in intercurrent illness. GR L-70660. Sep. Aparador. Sp. 1. Locker. [People v. Repuela, GR 85178, Mar. 15, 1990]. 2. Cabinet. [People v. Nopia, GR L-3629799. Apr. 26, 1982]. 3. Wardrobe. [People v. Castillo, GR L-11793. May 19, 1961]. Apartheid. Inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by one racial group or groups and committed with the intention of maintaining that regime. [Sec. 3, RA 9851]. Apartment. A suite of rooms forming one residence, typically in a building containing a number of these. Apartment house. A building containing a number of separate residential suites. [Sec. 63, PD 856]. Apathetic. Showing or feeling no interest, enthusiasm, or concern. Apathy. Legal Med. Serious disregard of the surroundings. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. APO. See Accredited Professional Organization. Apoderamiento. Sp. Unlawful taking. [People v. Puno, GR 97471. Feb. 17, 1993]. Apodictic. That can clearly be shown or proved; absolutely certain or necessarily true. Apparent. Appearance to unaided senses that is not or may not be borne out by more rigorous examination or greater knowledge. [Bank of America, NT & SA v. CA, GR 105395. Dec. 10, 1993].

Anxious. Uneasy and apprehensive about an uncertain event or matter; worried. AOC. See Air Operator Certificate.

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Apparent authority. Civ. Law. 1. The power to affect the legal relations of another person by transactions with 3rd persons arising from the others manifestations to such 3rd person such that the liability of the principal for the acts and contracts of his agent extends to those which are within the apparent scope of the authority conferred on him, although no actual authority to do such acts or to make such contracts has been conferred. [Sargasso Const. & Devt. Corp. v. PPA, GR 170530, July 5, 2010]. 2. That which, though not actually granted, the principal knowingly permits the agent to exercise, or which he holds out as possessing. Apparent authority doctrine. 1. Pol. Law. The doctrine holding that govt. is not bound by unauthorized acts of its agents, even though within the apparent scope of their authority. [First Phil. Intl. Bank v. CA, 252 SCRA 259, 295]. 2. See Ostensible authority doctrine. Apparent easements. Those easements which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. [Art. 615, CC]. Appeal. 1. Rem. Law. An essential part of judicial system [the purpose of which] is to bring up for review a final judgment of the lower court. [Aguilar v. CA, GR 11482. Nov. 28, 1995]. 2. A proceeding brought to a higher court to review a lower court decision. 3. Labor. 1. The elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of a pleading which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs prayed for. [Sec. 1, Rule 1, Book 5, IRR of LC]. Appeal bond. A guaranty by the appealing party insuring that court costs will be paid. Appeal by certiorari. A mode of appeal upon questions of law from the judgment of the RTC or the CA and is brought before the Sup. Court under Rule 45 of the Rules of Court by a Petition for review on certiorari. Compare with Special civil action for certiorari. Appeal, Perfection of an. The filing within the prescribed period, of the memorandum of appeal containing, among others, the assignment of error/s, the argument in support thereof, the reliefs sought and posting of the appeal bond. [Sec. 1, Rule 1, Book 5, IRR of LC]. Appealable. Capable of being appealed esp. to a higher tribunal. Appealable interest. [That interest which] a party has only when his property may be diminished, his burdens increased or his rights prejudiced by the order sought to be reviewed. [Ruiz v. CA, GR 101566. Aug. 17, 1992]. Appear. To present oneself formally before a court as defendant, plaintiff, or counsel. Appearance. 1. Voluntary submission to a court's jurisdiction. [Villegas v. Legaspi, GR 53869. Mar. 25, 1982]. 2. The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. Appearances are most often made by lawyers on their clients behalf and any appearance by a lawyer binds the client. Appearance as counsel. A voluntary submission to a court's jurisdiction by a legal advocate or advising lawyer pro-

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fessionally engaged to represent and plead the cause of another. [Haverty Furniture Co. v. Fausta, 124 S.N. 2d 694, 697]. Appellant. The party appealing a decision or judgment [before an appellate court]. Appellant's brief. The document prepared by the appellant that summarizes the facts of the case and the reasons why the decision of the trial court is erroneous. This brief is the single most important document in an appeal. The outcome of the appeal depends on the arguments set forth in this brief. Appellate. Concerned with or dealing with applications for decisions to be reversed. Appellate court. A court having jurisdiction to hear appeals and review a trial court's procedure. Appellate jurisdiction. The authority of a Court higher in rank to reexamine the final order or judgment of a lower Court which tried the case now elevated for judicial review. [Garcia v. De Jesus, GR 88158. Mar. 4, 1992]. Compare with Original jurisdiction. Appellee. The party against whom an appeal is taken. Appendix. Supplementary materials added to the end of a document. Appliances. Instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight [incl. parachutes and incl. communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight], and which are not part or parts of aircraft, aircraft engines, or propellers. [Sec. 3, RA 9497]. Application. A formal request to an authority for something. Application of payment. It takes place where a debtor has various debts of the same kind in favor of one and the same creditor and the debtors payment is not sufficient to pay all the debts due, so the debtor has the 1st choice to indicate which particular debt is to be paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 42]. Appoint. To allot, set apart, or designate; nominate or authoritatively assign as for a use, or to a position or office. [Borromeo v. Marciano, GR 16808. Jan. 3, 1921]. Appointee. An official who is appointed. Appointing authority. The person empowered to appoint the members of the board of Directors of a local water district, depending upon the geographic coverage and population make-up of the particular district. In the event that more than 75% of the total active water service connections of a local water district are within the boundary of any city or municipality, the appointing authority shall be the mayor of that city or municipality, as the case may be; otherwise, the appointing authority shall be the governor of the province within which the district is located. If portions of more than one province are included within the boundary of the district, and the appointing authority is to be the governors then the power to appoint shall rotate bet. the governors involved with the ini-

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tial appointments made by the governor in whose province the greatest number of service connections exists. [Sec. 3, PD 198]. 2. The person or institution named in the arbitration agreement as the appointing authority; or the regular arbitration institution under whose rule the arbitration is agreed to be conducted. Where the parties have agreed to submit their dispute to institutional arbitration rules, and unless they have agreed to a different procedure, they shall be deemed to have agreed to procedure under such arbitration rules for the selection and appointment of arbitrators. In ad hoc arbitration, the default appointment of arbitrators shall be made by the Natl. Pres. of the IBP his duly authorized representative. [Special Rules of Court on ADR, Rule 1.11, AM 07-1108-SC, Sept. 1, 2009]. Appointing officer. The person or body authorized by law to make appointments in the Phil. Civil Service. [Sec. 3, PD 807]. Appointing power of the President. The power of the Pres. to nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive department, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Consti., and also to appoint all other officers of the Govt. whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. [Sec. 16, Art. VII, 1987 Consti.]. Appointive. Relating to or filled by appointment rather than election. Appointive Director. (1) In the case of chartered GOCCs, all members of its Board of Directors/Trustees who are not ex officio members thereof; (2) In the case of nonchartered GOCCs, members of its Board of Directors/Trustees whom the State is entitled to nominate, to the extent of its percentage shareholdings in such GOCC; and (3) In the case of subsidiaries and affiliates, members of its Board of Directors/Trustees whom the GOCC is entitled to nominate to the extent of its perrcentage shareholdings in such subsidiary or affiliate. [Sec. 3, RA 10149]. Appointive officials. [Those who] hold their office by virtue of their designation thereto by an appointing authority. Some appointive officials hold their office in a permanent capacity and are entitled to security of tenure while others serve at the pleasure of the appointing authority. [Farias v. Exec. Sec., 463 Phil. 179, 205-208 (2003)]. Compare with Elective officials. Appointment. Admin. Law. 1. The designation of a person, by the person or persons having authority therefor, to discharge the duties of some office or trust. 2. The selection or designation of a person, by the person or persons having authority therefor, to fill an office or public function and discharge the duties of the same. [Flores v. Drilon, GR 104732. June 22, 1993]. 3. The selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. [Flores v. Drilon, GR 104732. June 22, 1993]. Compare with Designation. Appointment to a public office. Admin. Law. The unequivocal act, of one who has the authority, of designating or se-

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lecting an individual to discharge and perform the duties and functions of an office or trust. [Chavez v. Ronidel, GR 180941, 11 June 2009]. Apportion. 1. Divide and allocate. 2. Assign. Apportionment. The division and distribution of something into proportionate parts; to each acc. to his share. Appraisal. The act or process of determining the value of a property as of a specific date for a specific purpose. [Sec. 3, PD 464]. Appraisal increase. This is computed by deducting historical cost from appraised values. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Appraisal right. Corp. Law. 1. The right of a stockholder of a corporation to dissent and demand payment of the fair value of his shares. [Sec. 81, Corp. Code]. 2. The right of a dissenting shareholder to require the company to purchase his shares at their fair market value. Appraisal value. Also termed as Replacement cost or Reproduction cost. The revalued amount of property, plant and equipment determined by recognized specialists. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Appraise. 1. Assess the value or quality of. 2. Set a price on; value. Appraised value. 1. The estimated value of disposable property after inspection taking into account its condition, usability and other factors. [Sec. 4, Rules and Regulations on Supply and Property Management]. 2. The quantification of the present financial values of the property, to determine the fair and said value of the property vis--vis the general property area in which it is located, and relative vales thereof. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Appraiser. Also known as Valuer. A person who conducts valuation or appraisal; specifically, one who possesses the necessary qualifications, license, ability and experience to execute or direct the valuation or appraisal of real property. [Sec. 3, RA 9646]. Apprentice. Labor. 1. A worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under the Labor Code. [Art. 58, LC]. 2. A person bound in the form of law to a master, to learn from him his art, trade, or business, and to serve him during the time of his apprenticeship. [Wallem Maritime Services v. NLRC, GR 108433. Oct. 15, 1996]. Apprentice, Qualifications of. Labor. To qualify as an apprentice, a person shall: (a) be at least 15 year of age; (b) possess vocational aptitude and capacity for apprenticeship as established through appropriate tests; and (c) possess the ability to comprehend and follow oral and written instructions. [Art. 59, LC, as amended]. Apprenticeable occupation. Labor. Any trade, form of employment or occupation which requires more than 3 months of practical training on the job supplemented by related theoretical instruction. [Art. 58, LC]. Apprenticeship. Labor. Practical training on the job supplemented by related theoretical instruction. [Art. 58, LC].

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Apprenticeship agreement. Labor. An employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training. [Art. 58, LC]. Approbate. Approve formally; sanction. Approbate and reprobate. In the language of the Scotch law, the rule that a party can not either in the course of litigation or in dealing in pais occupy inconsistent positions. [Bismorte v. Aldecoa & Co., GR L-5586, Dec. 10, 1910]. Appropriar. Sp. Misappropriate. To own, to take something for one's own benefit. [Sy v. People, GR 85785. Apr. 24, 1989]. Appropriate. 1. Adj. Suitable or proper in the circumstances. 2. V. To take something for one's own use, typically without the owner's permission. Appropriate adversary proceeding. One having opposing parties; contested, as distinguished from an ex parte application, one of which the party seeking relief has given legal warning to the other party, and afforded the latter an opportunity to contest it. It excludes an adoption proceeding. [Rep. v. CFI of Camarines, GR L-36773. May 31, 1988]. Appropriate fishing technology. Adaptable technology, both in fishing and ancillary industries, that is ecologically sound, locally source-based and labor intensive. [Sec. 4, RA 8550]. Appropriation. The legislative authorization prescribed by the Consti. that money may be paid out of the Treasury. [Gonzales v. Raquiza, GR 29627. Dec. 19, 1989]. Appropriation bill. A bill [in Congress] the primary and specific purpose of which is to authorize the release of funds from the public treasury. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 352]. Appropriation law. One the primary and specific purpose of which is to authorize the release of public funds from the treasury. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. Appropriation made by law. The act of the legislature setting apart or assigning to a particular use a certain sum to be used in the payment of debt or dues from the State to its creditors. [Gonzales v. Raquiza, GR 29627. Dec. 19, 1989]. Appropriation of water. The acquisition of rights over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law. [Art. 9, PD 1067]. Appropriation sub rosa. An appropriation the purpose of which is to allot a budget which is intended to benefit legislators. To hide this to the public, the legislators agree among themselves that the same shall no longer be scrutinized and subjected to public hearings. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 342]. Appropriations. 1. An authorization made by law or other legislative enactment, directing payment out of govt. funds under specified conditions or for specified purposes. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. The estimates of expenditures in a budget when finally approved by the appropriate authorities concerned. [Sec. 14, PD 477].

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Appropriations bill. A bill filed in Congress proposing to authorize the release of funds from the public treasury. Appropriations law. A statute, the primary and specific purpose of which, is to authorize release of public funds from treasury. See also Appropriation law. Approve. To consent to officially or formally; confirm or sanction. Approved. Established by authority; given authoritative approval. Approved budget for the contract (ABC). The budget for the contract duly approved by the head of the procuring entity, as provided for in the General Appropriations Act (GAA) and/or continuing appropriations, in the natl. govt. agencies; the corporate budget for the contract approved by the governing boards, pursuant to EO 518, s. 1979, in the case of GFIs and state universities and colleges; and the budget for the contract approved by the respective Sanggunian, in the case of LGUs. [Sec. 5, RA 9184]. Appurtenance. Something that, although detached, stands as part of another thing. An attachment or appendage to something else. Apropos. 1. Being at once opportune and to the point; relevant. 2. With regard to; concerning. Aquaculture. Fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas. [Sec. 4, RA 8550]. Aquatic. Of or relating to water. Aquatic life. All organisms living in freshwater, brackish and marine environment. [Sec 4, RA 9275]. Aquatic pollution. The introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, incl. dumping or disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum or carbonaceous materials or substances, and other, radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure. [Sec. 4, RA 8550]. Aquatic resources. Fish, all other aquatic flora and fauna and other living resources of the aquatic environment, incl., but not limited to, salt and corals. [Sec. 4, RA 8550]. Aqueduct. An artificial channel for conveying water, typically in the form of a bridge supported by tall columns across a valley. Aqueduct easement. The right of any person who may wish to use upon his own estate any water of which he can dispose to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. [Art. 642, CC]. Aquifer. A layer of water-bearing rock located underground that transmits wa-

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ter in sufficient quantity to supply pumping wells or natural springs. [Sec 4, RA 9275]. Arador. Plower of land. ARB. See Agrarian reform beneficiary. Arbiter. A person who settles a dispute or has ultimate authority in a matter. Arbitrage. Fr. arbitere: to arbitrate or to regulate. The nearly simultaneous purchase of currencies [or other commodities] in one market and its resale in another in order to profit from the price differential. Arbitral. Relating to or resulting from the use of an arbitrator to settle a dispute. Arbitral award. The decision reached by arbitrators in an arbitration. Arbitrary. 1. Based on random choice or personal whim, rather than any reason or system. 2. Unrestrained and autocratic in the use of authority. Arbitrary act. 1. One that arises from an unrestrained exercise of the will, caprice, or personal preference of the actor. 2. One which is not founded on a fair or substantial reason. 3. One which is without adequate determining principle, non-rational, and solely dependent on the actor's will. [All definitions cited in Aquino v. Ponce-Enrile, GR L-35546. Sep. 17, 1974]. Arbitrary deportation or forcible transfer of population. Forced displacement of the persons concerned by expultion by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under domestic or international law. [Sec. 3, RA 9851]. Arbitrary detention. Crim. Law. 1. The felony committed by any public officer or employee who, without legal grounds, detains a person. [Art. 124, RPC]. 2. The deprivation by a public officer of the liberty of a person without any legal ground. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 377]. Compare with Illegal detention. Arbitrate. To reach an authoritative judgment or settlement. Arbitration. 1. An alternative dispute resolution method by which an independent, neutral 3rd person [arbitrator] is appointed to hear and consider the merits of the dispute and renders a final and binding decision called an award. The process is similar to the litigation process as it involves adjudication, except that the parties choose their arbitrator and the manner in which the arbitration will proceed. The decision of the arbitrator is known as an award. 2. A process for the adjudication of disputes by which the parties agree to be bound by the decision of a 3rd person or body in place of a regularly organized tribunal. 3. The settling of disputes bet. parties who agree not to go before the courts, but rather agree to accept as final the decision of experts of their choice, in a place of their choice, usu. subject to laws agreed upon in advance and usu. under rules which avoid much of the formality and niceties of proof and procedure required by the courts. Arbitration agreement. The agreement concluded bet. parties, providing for the submission of their dispute to arbitration, usu. in a particular place, under a par-

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ticular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own. Arbitration clause. A clause in a bill of lading, a waybill, a charter party or other contract, providing that any dispute arising under the contract shall be submitted to arbitration before one or more arbitrators, in the place and acc. to the laws and rules specified in the clause. Arbitration law. RA 876 entitled An Act to authorize the making of arbitration and submission agreements, to provide for the appointment of arbitrators and the procedure for arbitration in civil controversies, and for other purposes enacted on June 19, 1953. Arbitrator. 1. The person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement. [Sec. 3, RA 9285]. 2. A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence. ARC. See Agrarian reform community. Archaeological site. Any place which may be underground or on the surface, underwater or at sea level which contains fossils, artifacts and other cultural, geological, botanical, zoological materials which depict and document evidences of palaeontological and pre-historic events. [Sec. 3, RA 4846]. Archaeology. The study of human history and prehistory through the excavation of sites and the analysis of artifacts. Archipelagic. Relating to or part of an archipelago. Archipelagic Baseline of the Philippines. The baselines of the Phils. archipelago [as] are defined and described in Sec. 1 of RA 3046 [An Act to Define the Baselines of the Territorial Sea of the Phils."], as amended by Sec. RA 5446, and further amended by RA 9522 on Mar. 10, 2009. Archipelagic doctrine. An integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. Main purpose is to protect the territorial interests of an archipelago. [See last sentence, Art. I, Consti.]. Archipelagic sea. All waters within the baselines of an archipelago except internal waters such as roadsteads, lakes and rivers. [Sec. 4, DENR AO 95-23]. Archipelagic waters. The waters inside the archipelagic baselines of an archipelagic state other than its internal waters. Archipelago. A group of islands, such as the Phils., so close to each other that they are historically regarded as an intrinsic whole - geographically, economically and politically - and this includes the natural features and seas bet. the is-

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lands which are considered as internal archipelagic waters. Archipelago principle. Intl. Law. The waters around, bet. and connecting the island of the archipelago, regardless of their breadth or dimension, are to be treated as internal waters. [Sandoval, Pol. Law Reviewer 2003]. Architect. A person professionally and academically qualified, registered and licensed under RA 9266 with a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission (PRC), and who is responsible for advocating the fair and sustainable development, welfare and cultural expression of society's habitat in terms of space, forms and historical context. [Sec. 3, RA 9266]. Architect-in-charge of construction. An architect registered and licensed under RA 9266, who is directly and professionally responsible and liable for the construction supervision of the project. [Sec. 3, RA 9266]. Architect-of-record. The architect registered and licensed under RA 9266, who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specifications and contract documents he/she has signed and sealed. [Sec. 3, RA 9266]. Architectural firm. A sole proprietorship, a partnership or a corporation registered with the proper govt. agencies. [Sec. 3, RA 9266]. Architecture. The art, science or profession of planning, designing and constructing buildings in their totality taking into account their environment, in accordance with the principles of utility, strength and beauty. [Sec. 3, RA 9266]. Architecture, general Practice of. The act of planning and architectural designing, structural conceptualization, specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures or any part thereof; the scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building or structure performed through the medium of unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents and oral advice and directions regardless of whether the persons engaged in such practice are residents of the Phils. or have their principal office or place of business in this country or another territory, and regardless of whether such persons are performing one or all these duties, or whether such duties are performed in person or as the directing head of an office or organization performing them. [Sec. 3, RA 9266]. Architecture, scope of the Practice of. Encompasses the provision of professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings. [Sec. 3, RA 9266].

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Archive. A collection of historical documents or records providing information about a place, institution, or group of people. Archives. (1) Public records, papers, periodicals, books or other items, articles or materials, whether in the form of electronic, audio-visual or print, which by their nature and characteristics have enduring value, that have been selected for permanent preservation; (2) The place [building or room or storage area] where archival materials are kept and preserved; and (3) An organization [or part of an organization] whose main function is to select, collect and preserve archival records and make such records available for public use. " [Sec. 4, RA 9470]. Area. The size of the land or building in square meters. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Areas for priority development (APDs). Those areas declared as such under existing statutes and pertinent executive issuances. [Sec. 3, RA 7279]. Also Urban land reform zones. Areas impacted by public facilities. Areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact. [Sec. 62, PD 1152]. Areas of critical environmental concern. Areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance. [Sec. 62, PD 1152]. Argument. An effort to establish belief by a course of reasoning. Argumentation. The action or process of reasoning systematically in support of an idea, action, or theory. Argumentative. Given to expressing divergent or opposite views. Argumentum a contrario. Lat. Argument based on the contrary. It denotes any proposition that is argued to be correct because it is not disproven by a certain case. It is the opposite of the analogy. Arguments a contrario are often used in the legal system, as a way to solve problems not currently covered by a certain system of laws. Argumentum ab inconvenienti plurimum valet in lege. Lat. An argument from inconvenience is forcible in law. Argumentum ab simili valet in lege. Lat. An argument from analogy or from a similar case is good in law. Arises out of, or is necessarily connected with, the transaction or occurrence. The phrase generally means that the same evidence may be needed in supporting the claim or in refuting the opposite claim. An argument from analogy or from a similar case is good in law. Armalite. A rifle with a special mechanism that can cause burst of shots with one squeeze of the trigger. An argument from analogy or from a similar case is good in law. Armed conflict. 1. Any use of force or armed violence which gives rise, or may give rise, to a situation to which the 1949 Geneva Conventions and their

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Additional Protocols, incl. their common Art. 3 [Conflicts not of an International Character], apply. It does not include situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. [Sec. 3, RA 10530]. 2. Any use of force or armed violence bet. States or a protracted armed violence bet. governmental authorities and organized armed groups or bet. such groups within that State: Provided, That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 Aug. 1949, incl. their common Art. 3, apply. Armed conflict may be international, that is, bet. 2 or more States, incl. belligerent occupation; or non-international, that is, bet. governmental authorities and organized armed groups or bet. such groups within a state. It does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar nature. [Sec. 3, RA 9851]. Armed forces. All organized armed forces, groups and units that belong to a party to an armed conflict which are under a command responsible to that party for the conduct of its subordinates. Such armed forces shall be subject to an internal disciplinary system which enforces compliance with International Humanitarian Law. [Sec. 3, RA 9851]. Armed Forces of the Philippines (AFP). The principal body of defense of the Rep. of the Phils., led by the Commander-in-Chief in the person of the Pres. of the Phils. It is composed of the Phil. Army [Hukbong Katihan], the Phil. Navy [Hukbong Dagat], and the Phil. Air Force [Hukbong Himpapawid]. Armistice. Intl. Law. The suspension of all hostilities within a certain area [local] or in the entire region of the war [general] agreed upon by the belligerent governments, usu. for the purpose of arranging the terms of the peace. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144]. Arms. Weapons and ammunition; armaments. Arms and great seal of the Republic of the Philippines. The Arms of the Phils. which shall have paleways of 2 pieces, azure and gules; a chief argent studded with 3 mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with 8 minor and lesser rays. Beneath shall be a scroll with the words Rep. of the Phils., or its equivalent in the national language, inscribed thereon. The Great Seal shall be circular in form, with the arms as described in the preceding par., but without the scroll and the inscription thereon, and surrounding the whole, a double marginal circle within which shall appear the words Rep. of the Phils., or its equivalent in the national language. For the purpose of placing the Great Seal, the color of the arms shall not be deemed essential. [Sec. 14, EO 292]. Arms smuggling. The import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and components and ammunition, from or across the territory of one country to that of another country which has not been authorized in accordance with domestic law in either or both country / countries. [Sec. 3, RA 10591]. Arnibal. Tag. A sweet sauce.

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Arousal. Legal Med. The state of sexual excitement during which blood flow to the genital area increases, leading to an erection in men and in enlargement of the clitoris, engorgement of the vaginal walls and increased vaginal secretions in women. [Olarte, Legal Med., 1st Ed. (2004), pp. 111-112]. Arraign. Call or bring someone before a court to answer a criminal charge. Arraignment. 1. The reading of the complaint or information by the judge or clerk to the defendant and delivering to the latter a copy thereof, incl. a list of witnesses, and asking him whether he pleads guilty or not guilty as charged. [Sec. 1, Rule 116, RoC]. 2. That stage where, in the mode and manner required by the Rules, an accused, for the 1st time, is granted the opportunity to know the precise charge that confronts him. The accused is formally informed of the charges against him, to which he enters a plea of guilty or not guilty. [Albert v. Sandiganbayan, GR 164015, 26 Feb. 2009]. Arrangement characteristics. The writing characteristics and habits existing in the questioned and standard signatures [based on] the position of the written signature in relation to the typewritten name. [Obando v. People, GR 138696, July 7, 2010]. Compare with Alignment characteristics and Proportion characteristics. Arrangement. Intl. Law. See Agreement. Arras. A Sp. word meaning "earnest money", "bride price", or "bride wealth." See Earnest money. Arrastre. The operation of receiving, conveying, and loading or unloading merchandise on piers or wharves. Arrastre charge. The amount which the owner, consignee, or agent of either, of article or baggage has to pay for the handling, receiving and custody of the imported or exported article or the baggage of the passengers. [Sec. 3101, RA 1937]. Arrastre charges. Fees for the services of the arrastre operator, to be paid by the consignee before the delivery of the cargo. Arrearages. Also Arrears. A legal term for the part of a debt that is overdue after missing one or more. Arrears. A debt that is not paid on the due date which adds up and accumulates as arrears. Arrest. 1. The taking of a person into custody in order that he may be bound to answer for the commission of an offense. [Sec. 1, Rule 113, RoC]. 2. An actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. [Sec. 2, Rule 113, RoC]. 3. Restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law. [Larranaga v. CA, GR 130644. Mar. 13, 1998]. Arrest without a probable cause. An unreasonable seizure of a person, and [violative of] the privacy of persons which ought not to be intruded by the State. [Yee Sue Koy v. Almeda, 70 Phil. 141, 146-147 (1940)]. Arresto mayor. The penalty the duration of which shall be from one month and

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one day to 6 months [of imprisonment]. [Art. 27, RPC]. Arresto menor. The penalty the duration of which shall be from one day to 30 days [of imprisonment]. [Art. 27, RPC]. Arrival under stress. Also Involuntary entrance. Mar. Law. 1. When a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination. [Sec. 1016, RA 1937]. 2. In voluntary entrance may be due to lack of provisions, unseaworthiness of the vessel, inclement weather, or other case of force majeure, such as pursuit by pirates. [Sandoval, Pol. Law Reviewer 2003]. Arson. The act of any person who burns or sets fire to the property of another. [Sec. 1, PD 1613]. Arson. Elements: (a) That there is intentional burning; and (b) that what is intentionally burned is an inhabited house or dwelling. [People v. Arbolante, GR 96713, Oct. 17, 1991]. Arson of property of small value. The arson of any uninhabited hut, storehouse, barn, shed, or any other property the value of which does not exceed P25, committed at a time or under circumstances which clearly exclude all danger of the fire spreading. [Art. 323, RPC]. Arson, Other forms of. Arson consisting in the burning of other property and under the following circumstances: 1. if the offender shall set fire to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to be occupied at the time by one or more persons; (b) if the building burned is a public building; (c) if the building burned is a public building and the purpose is to destroy evidence kept therein to be used in instituting prosecution for the punishment of violators of the law; (d) if the building burned is a public building and the purpose is to destroy evidence kept therein to be used in legislative, judicial or administrative proceedings; (e) if the arson shall have been committed with the intention of collecting under an insurance policy against loss or damage by fire; (f) if an inhabited house or any other building in which people are accustomed to meet is set on fire, and the culprit did not know that such house or building was occupied at the time, or if he shall set fire to a moving freight train or motor vehicle; (g) if a farm, sugar mill, cane mill, mill central, bamboo groves or any similar plantation is set on fire; (h) if grain fields, pasture lands, or forests, or plantings are set on fire; (i) if a building not used as a dwelling or place of assembly, located in a populated place, is set on fire; (j) if a building used as dwelling located in an uninhabited place is set on fire; or (k) when the property burned consists of grain fields, pasture lands, forests, or plantations when the value of such property does not exceed P200. [Art. 321, RPC, as amended by RA 5467]. Art dealer. Any person or entity who sells or otherwise deals in works of fine art for profit or gain, such as art galleries, art brokers and agents. [Sec 3, RA 9105]. Art forgery. An act committed by any person or entity who: (a) affixes or causes to appear a usurped or forged signature or sign on any work of fine art; (b) counterfeits or imitates any original signature or sign, with the intent to deceive the public or the buyer as to the authorship

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of a work of art; (c) sells or circulates any work of fine art bearing forged or usurped signatures or signs; and (d) imitates or reproduces any work of fine art with intent to deceive the public or the buyer as to the authenticity of the work. [Sec 3, RA 9105]. Arthritis. Painful inflammation and stiffness of the joints. Arthritis, Acute. Inflammation of a joint marked by pain, swelling, heat and redness; the result of rheumatism or gout. [Meez v. ECC, GR L-48488. Apr. 25, 1980]. Article. A particular section or item of a series in a written document, as in a contract, constitution, or treaty. Articles of cooperation. The articles of cooperation registered under the Cooperative Code and includes a registered amendment thereof. [Sec. 1, RA 9520]. Articles of impeachment. Consti. Law. The formal document filed to impeach a publich official. The articles of impeachment state the charges against the official and the reasons why the official should be removed from office. Articles of incorporation. 1. The document prepared by the persons establishing a corporation and containing the matters required by the Corp. Code filed with the SEC. 2. The basic instrument creating and defining a particular corporation which is filed with a state agency at the time of the firm's incorporation. Artifacts. Articles which are products of human skills or workmanship, esp. in the simple product of primitive arts or industry representing past eras or periods. [Sec. 3, RA 4846]. Artificial. Made or produced by human beings rather than occurring naturally, typically as a copy of something natural. Artificial feeding. Feeding by a tube into the stomach through the nose. See Formula feeding. Artificial insemination. A process in which the male gametes, the spermatozoa, are collected and introduced artificially into the female genital tract for the purpose fertilization. [Nolledo, The Family Code of the Phils. Annotated, 2000 Rev. Ed., p. 263]. Artificial reefs. Any structure of natural or man-made materials placed on a body of water to serve as shelter and habitat, source of food, breeding areas for fishery species and shoreline protection. [Sec. 4, RA 8550]. Artisanal. A skilled manual worker; a craftsperson. Artisanal fisher folk. Municipal, small scale or subsistence fishermen who use fishing gear which do not require boats or which only require boats below 3 tons. [Sec. 3, RA 8425]. Artwork. Paintings, drawings, or other artistic works. Artworks. The making of decorative or artistic objects by hand; the decoration of artistic objects so made; artistic work produced in quantity. [Ozaeta v. CA, GR 95226, Nov. 18, 1993]. As in default. Under Sec. 2, Rule 20 of the 1964 Rules of Court, a party who fails to appear at a pre-trial conference may be non-suited or considered as in default. This contemplates a scenario wherein the defendant in a suit had al-

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ready filed his answer [therefore had set up both his negative and affirmative defenses] but failed to comply with the mandate of the Rules in not appearing at the scheduled pre-trial hearing. This provision no longer exists under the 1997 Rules of Procedure. Compare with In default. As is where is. The phrase refers to the physical condition of the thing subject matter of the agreement. As-applied challenge. A challenge to a statute which alleges that a particular application of a statute is unconstitutional. Compare with Facial challenge. Ascariasis. Infestation with ascaris lumbricoides. Its vehicles for transmission are the fecally contaminated food and drinks. Portal of entry is through the oral route. [Chavez v. ECC, GR L-61931. Mar. 31, 1987]. Ascendancy. Occupation of a position of dominant power or influence. Ascendant. An ancestor. Ascendant-reservista. See Reservista. Ascending direct line. 1. [It] binds a person with those from whom he descends [as compared with the descending direct line which] unites the head of the family with those who descend from him. [Art. 965, CC; Lee v. CA, GR 177861, July 13, 2010]. 2. The rule in succession that, in default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. [Art. 985, CC]. Asesinato. Sp. Murder. [US v. Alias, GR L-6116. Feb. 27, 1911]. Asphyxia. Suffocation. [People v. Marquez, GR L-48834. Sep. 14, 1987]. Asphyxiation. Suffocation: the condition of being deprived of oxygen as by having breathing stopped. Asportation. Severance of goods from the possession of the owner and absolute control of the property by the taker, even for an instant. [People v. Apolinario, GR 97426. June 3, 1993]. 2. The taking of a thing out of the possession of the owner without his privity and consent and without the animus revertendi. [People v. Salvilla, GR 86163. Apr. 26, 1990]. Assault. Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. Assay. 1. An analysis to determine the (1) presence of a substance and the amount of that substance, or (2) the pharmaceutical potency of a drug. [Sec. 9, RA 9711]. 2. A test by means of chemical analysis to determine the purity of fineness of metals, particularly the precious metals. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 111]. Assess. To calculate or estimate the price or value of: Assessed value. 1. The worth or value of property established by taxing authorities on the basis of which the tax rate is applied. Commonly, however, it does not represent the true or market value of the property. [Vda. de Barrera v. Heirs of Legaspi, GR 174346, 12 Sept. 2008]. 2. The value placed on taxable property

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by the assessor for ad valorem tax purposes. The assessed value when multiplied by the tax rate will produce the amount of tax due. It is synonymous to Taxable value. [Sec. 3, PD 464]. 3. The fair market value of the real property multiplied by the assessment level. [CSCs Guidelines on the use of the rev. SALN form]. Assessment. The act or process of determining the value of a property, or proportion thereof, subject to tax, incl. the discovery, listing and appraisal of properties. [Sec. 3, PD 464]. Assessment level. The percentage applied to the market value to determine the taxable or assessed value of the property. [Sec. 3, PD 464]. Assessment work. In mining, the proof of annual work obligations which are works or improvements necessary and instrumental in developing the mines and extracting ores therefrom. It is actual work done in the area. Assessor. An official in the LGU, who performs appraisal and assessment of real properties, incl. plants, equipment, and machineries, essentially for taxation purposes. This definition also includes assistant assessors. [Sec. 3, RA 9646]. Asset. Anything of value that can be in the form of money, such as cash at the bank or amounts owed; fixed assets such as property or equipment; or intangibles incl. intellectual property, the book value of which is shown in the last 3 audited financial statement immediately preceding the filing of the petition, In case the debtor is less than 3 years in operation, it is sufficient that the book value is based on the audited financial statement/s for the years or year immediately preceding the filing of petition, as the case may be. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Asset pool. The group of identified, homogeneous assets underlying the assetbacked securities (ABS). [Sec. 3, RA 9267]. Asset-backed securities (ABS). The certificates issued by a special purpose entity (SPE), the repayment of which shall be derived from the cash flow of the assets in accordance with the Plan. [Sec. 3, RA 9267]. Assets. 1. Loans or receivables or other similar financial assets with an expected cash payment stream. The term shall include, but shall not be limited to, receivables, mortgage loans and other debt instruments, and shall exclude receivables from future expectation of revenues by government, national or local, arising from royalties, fees or imposts. [Sec. 3, RA 9267]. 2. The declarants real and personal properties, including those of his/her spouse and unmarried children below 18 living in his/her household. [CSCs Guidelines on the use of the rev. SALN form]. Assign. To give, to transfer responsibility, to another. The assignee [sometimes also called assigns] is the person who receives the right or property being given and the assignor is the person giving. Assignee. One who is only entitled to receive the share of the profits or other compensation by way of income, or the return of the contribution, to which his assignor [limited partner] would other wise be entitled. But an assignee has no right to require any information or ac-

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count of the partnerships transactions or to inspect the partnerships books. A substituted partner has all these rights. [Diaz, Bus. Law Rev., 1991 Ed., p. 238]. Assignment. 1. A transfer or making over to another of the whole of any property, real or personal, in possession or in action, or of any estate or right therein. It includes transfers of all kinds of property, and is peculiarly applicable to intangible personal property and, accordingly, it is ordinarily employed to describe the transfer of non-negotiable choses in action and of rights in or connected with property as distinguished from the particular item or property. [PNB v. CA, GR 118357. May 6, 1997]. 2. The transfer of a right or interest in property by one person to another. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. Assignment for the benefit of creditors. The transfer by an insolvent debtor of all his property to another for the purpose of arriving at an adjustment with his creditors. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. Assignment of credit. 1. An agreement by virtue of which the owner of a credit, known as the assignor, by a legal cause, transfers his credit and its accessory rights to another, known as the assignee, who acquires the power to enforce it to the same extent as the assignor could have enforced it against the debtor. [Casabuena v. CA, GR 115410. Feb. 27, 1998]. 2. The process of transferring the right of the assignor to the assignee who would then have the right to proceed against the debtor. The assignment may be done either gratuitously or onerously, in which case, the assignment has an effect similar to that of a sale [Nyco Sales Corp. v. BA Finance Corp., GR 71694, Aug. 16, 1991; Paras, Civ. Code of the Phils., Annotated, Vol. V, 1982 Ed., p. 235]. Assignment of errors. Rem Law. The errors intended to be urged as required by the Rules to be contained in the appellants brief [which] errors shall be separately, distinctly and concisely stated without repetition, and shall be numbered consecutively. [Sec. 13, Rule 44, RoC]. See also Issues. Assignment of lease. That act contemplated in Art. 1649 of the Civ. Code, viz: The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary. [Sec. 2, BP 877; Sec.4, RA 9161]. Assignor. The party who makes an assignment. Assigns. Persons to whom property is assigned; assignees. Assist. 1. To lend an aid to. [Sinon v. CSC, GR 101251. Nov. 5, 1992]. 2. To contribute effort in the complete accomplishment of an ultimate purpose intended to be effected by those engaged. [Ibid.]. Compare with Recommend. Assistance. Any support or aid that may be extended to persons with disabilities and senior citizens for them to meaningfully and effectively participate in the electoral processes. [Sec. 2, RA 10366]. Associate (of a person). [The term] includes: i. Any relative of such person within the 4th degree of consanguinity or affinity; and ii. Any company in which he/she and his/her relative within the 4th degree of consanguinity or affinity,

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directly or indirectly, has an interest of 25% or more. [Sec. 3, RA 9856]. Associated person of a broker or dealer. An employee therefor whom, directly exercises control of supervisory authority, but does not include a salesman, or an agent or a person whose functions are solely clerical or ministerial. [Sec. 3, RA 8799]. Associated words doctrine. The doctrine [that] provides that where a particular word or phrase in a statement is ambiguous in itself or is equally susceptible of various meanings, its true meaning may be made clear and specific by considering the company in which it is found or with which it is associated. [Co Kim Cham v. Valdez Tan Keh & Dizon, 75 Phil. 371]. See Noscitur a Sociis. Associates. The term by which younger or more inexperienced salaried attorneys in most firms are called. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Association. 1. The homeowners association which is a nonstick, nonprofit corporation registered with the HLURB, or one previously registered with the HIGC (now HGC) or the SEC, organized by owners or purchasers of a lot in a subdivision or village or other residential real property located within the jurisdiction of the association; or awardees, usufructuaries, legal occupants and/or lessees of a housing unit and/or lot in a govt. socialized or economic housing or relocation project and other urban estates; or underprivileged and homeless citizens as defined under existing laws in the process of being accredited as usufructuaries or awardees of ownership rights under the Community Mortgage Program (CMP), Land Tenure Assistance Program (LTAP) and other similar programs in relation to a socialized housing project actually being Implemented by the natl. govt. or the LGU. [Sec. 3, RA 9904]. 2. The act of a number of persons in uniting together for some special purpose or business. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. Association member. A homeowner who is a member of the association where his/her housing unit or lot is situated and those defined in the articles of incorporation and bylaws of the association. [Sec. 3, RA 9904]. Assume. To continue performing duties under a contract or lease. Assumpsit. Lat. He undertook; he promised. 1. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. 2. A common law form of action which lies for the recovery of damages for the non-performance of a parol or simple contract; or a contract that is neither of record nor under seal. Assumption. The action of taking power or responsibility. Assumption of jurisdiction . It usu. refers to an act of the Sec. of DOLE which amounts to a cease-and-desist order prohibiting a union from striking whenever in his opinion there exists a labor dispute causing or like to cause a strike or lockout in an industry that is indispensable to the national interest by resolving the dispute himself or certifying it to the NLRC for compulsory arbitration. Assumption of risk. A doctrine under which a person may not recover for an

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injury received when he has voluntarily exposed himself to a known danger. Assumption of risk doctrine. A doctrine in tort or contract law relieving an obligor from any injury or liability that may befall the oblige who has knowingly assumed in advance the possibility of its occurrence. Assumption order. An order issued by the Sec. of Labor and Employment signifying his intention to assume jurisdiction over a labor dispute. The Secretary may issue the order when, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest. Assurance fund. A fund created under the Land Registration Act for the purpose of indemnifying an injured party for any damage he may suffer as a result of an improvident or illegal registration of land titles. Assured. The person for whose benefit the insurance is granted. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 23]. Aswang. Tag. An injurious and evil character believed to be capable of assuming various and different forms, esp. that of a dog, and harassing usu. in the depth of night women who are about to give birth. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Asylum. Intl. Law. 1. A privilege granted by a state to allow an alien escaping from the persecution of his country for political reasons remain and grant him asylum. [Sandoval, Pol. Law Reviewer 2003]. 2. A sanctuary, or place of refuge and protection, where criminals and debtors find shelter and from which they could not be take without sacrilege. While a foreign country has the right to offer an asylum to fugitives from other countries, there is no corresponding right on the part of the alien to claim asylum. Asylum, Right of. Intl. Law. The competence of every state, inferred from its territorial supremacy, to allow a persecuted alien to enter and to remain on its territory under its protection and thereby to grant an asylum to him. It is generally accepted practice that a political refugee who takes asylum in a foreign country should not be deported back to his own country from which he has escaped. At issue. The time in a lawsuit when the complaining party has stated his claim and the other side has responded with a denial and the matter is ready to be tried. At least one year of service. Labor. Service within 12 months, whether continuous or broken, reckoned from the date the employee started working, incl. authorized absences and paid regular holidays, unless the working days in the establishment, as a matter of practice or policy, or as provided in the employment contract, is less than 12 months, in which case said period shall be considered one year. If the employee has been performing the job for at least one year, even if the performance is not continuous or merely intermittent, the law deems the repeated and continuing need for its performance as sufficient evidence of the necessity, if not indispensability, of that activity to the business of the employer. [Pier 8 Arrastre

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and Stevedoring Services, Inc. v. Boclot, GR 173849, Sept. 28, 2007]. At least one-year service. Labor. Service for not less than 12 months, whether continuous or broken reckoned from the date the employee started working, incl. authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year. [Sec. 3, Rule 5, LC]. At the commencement of the action. The date of the filing of the complaint. [Oate v. Abrogar, GR 107303, Feb. 21, 1994]. ATC. See Anti-Terrorism Council. Atentado contra la autoridad. Sp. Assault upon a person in authority. [Tacas v. Cariaso, GR L-37406. Aug. 31, 1976]. See Direct assault. ATM. See Automated Tellet Machine. Attach. To seize persons or property by legal writ. Attachment. Rem. Law. 1. A juridical institution which has for its purpose to secure the outcome of the trial that is the satisfaction of the pecuniary obligation really contrasted by a person or believed to have been contracted by him, either by virtue of a civil obligation emanating from contract or from law, or by virtue of some crime or misdemeanor that he might have committed, and the writ issued, granted it, is executed by attaching and safely keeping all the movable property of the defendant, or so much thereof as may be sufficient to satisfy the plaintiff's demands. [Guzman v. Catolico (65 Phil. 257); Gruenberg v. CA (138 SCRA 471)]. 2. A provisional remedy in the form of an order issued by a judge before whom the proper action is pending by which the property of the adverse party is taken into legal custody, either at the commencement of the action or at any time thereafter before final judgment, as security for the satisfaction of a judgment obtained by the prevailing party. 2. Taking a person's property to satisfy a court-ordered debt. Attack. Any offensive or antagonistic movement or action of any kind and the drawing of a pistol from the holster at the hip and the aiming of that pistol at a person. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 415]. Attack directed against any civilian population. A course of conduct involving the multiple commission of acts referred to in Sec. 6 of RA 9851 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack. [Sec. 3, RA 9851]. Attack on a title. An action or proceeding [the] objective [of which] is to nullify the title, thereby challenging the judgment pursuant to which the title was decreed. [Sarmiento v. CA, GR 152627, Sept. 16, 2005]. Attempt. An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution. Attempted. Tried unsuccessfully. Attempted felony. A felony where the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution

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which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. [Art. 6, RPC]. Attempted rape. [T]here is no penetration of the female organ because not all acts of execution was performed. The offender merely commenced the commission of a felony directly by overt acts. [People v. Tayaba, 62 Phil. 559; People v. Rabadan, et al., 53 Phil. 694; US v. Garcia, 9 Phil. 434]. Compare with Consummated rape. Attentat. Anything whatsoever, as a ruling, by the judge of a lower court in a matter pending an appeal. Attentat clause. Intl. Law. A provision in an extradition treaty stipulating that assassination attempts on the life of a head of a state or members of his family are not to be considered as political offenses for purposes of extradition, thus making the fugitive extraditable to answer for his crimes. Attest. 1. To affirm to be correct, true, or genuine. 2. To certify by signature or oath. Attestation. Succ. It consists in witnessing the testator's execution of the will in order to see and take note mentally that those things are done which the statute requires for the execution of a will and that the signature of the testator exists as a fact. [In Re: Taboada v. Rosal, GR L-36033. Nov. 5, 1982]. Attestation clause. Succ. 1. That part of an ordinary will whereby the attesting witnesses certify that the instrument has been executed before them and to the manner of the execution of the same. [Testate Estate of Paula Toray, 87 Phil. 139 (1950)]. 2. A separate memorandum or record of the facts surrounding the conduct of execution and once signed by the witnesses, it gives affirmation to the fact that compliance with the essential formalities required by law has been observed. [Vda. de Ramos, v. CA, 81 SCRA 393 (1978)]. 3. It is made for the purpose of preserving in a permanent form a record of the facts that attended the execution of a particular will, so that in case of failure of the memory of the attesting witnesses, or other casualty, such facts may still be proved. [Leynez v. Leynez, 68 Phil. 745 (1939)]. Attested will. A written will that is "witnessed" or, more correctly, "attested." See Ordinary will. Attorney. An alternate word for lawyers. A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation. Attorney of record. The principal attorney in a lawsuit, who signs all formal documents relating to the suit. Attorneys fee. A reasonable compensation to which the attorney is or shall be entitled to have and recover from his client for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. [Sec. 24, Rule 138, RoC; In re: Arce v. PNB, GR L-43053, Dec. 9, 1955]. Attorneys or Lawyers oath. The oath of office which every lawyer in the Phils. has to take before he is allowed to practice law. The full text reads: "I,

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_____________________ of ___________________________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood nor consent to its commission; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will not delay any man's cause for money or malice and will conduct myself as a lawyer acc. to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients and I impose upon myself this obligation voluntary, without any mental reservation or purpose of evasion. SO HELP ME GOD." [Form 28, appended to the RoC as revised on Oct. 25, 1979, 91 SCRA xv]. Attorneys signature. The signature of a counsel representing a party on every pleading [which signature] constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is not interposed for delay. [Sec. 3, Rule 7, RoC]. Attorney-at-law. A person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, incl. drafting legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc. Attorney-in-fact. 1. A person who has been appointed by another to act in his behalf and in his name. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. An agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him, such authority being necessarily implied. Attorney of record. The principal attorney in a lawsuit who signs all formal documents relating to the suit. Attorneys' liens. A lien which an attorney shall have upon the funds, documents and papers of his client which have lawfully come into his possession and which he may retain until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements. [Sec. 37, Rule 138, RoC]. Attorney's retaining lien. A general lien for the balance of the account bet. the attorney and his client, and applies to the documents and funds of the client which may come into the attorney's possession in the course of his employment. [Ampil v. Agrava, GR L-

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27394. July 31, 1970]. Compare with Charging or special lien. Attractive. Pleasing or appealing to the senses. Attractive nuisance. The presence or maintenance on ones premises of a potentially dangerous attraction to children who, because of their natural curiosity, may thereby be exposed to harm or injury, subjecting its owner or maintainer to tort liability. A swimming pool, an uncovered well, open car trunk, deep pits, and the like are some examples of an attractive nuisance. Attractive nuisance doctrine. The doctrine that where a person maintains in his premises a dangerous instrumentality of a character which is attractive to children of tender years at play and who fails to exercise due diligence to prevent such children form playing therewith or resorting or resorting thereto, is liable to a child who is injured thereby, even if the child is technically a trespasser. Attrition. The reduction of personnel as a result of resignation, retirement, dismissal in accordance with existing laws, death or transfer to another office. [Sec. 2, RA 7430]. Auction. A public sale of property to the highest bidder by a person called the auctioneer who must be authorized by law. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. Audi alteram partem. Lat. Hear the other party. 1. The right to he heard should not be ruled out. [Torres v. Borja, GR L31947. Mar. 21, 1974]. 2. A principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Audiovisual work or fixation. A work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible. [Sec. 202, RA 8293]. Audit. To examine and adjust. To examine an account, compare it with the vouchers, adjust the same, and to state the balance, by persons legally authorized for the purpose. [Ynchausti & Co. v. Wright, GR 23601. Sep. 22, 1925]. Audit Log. 1. The electronic document, stored in the PCOS machines data storage device, containing the list of all activities the PCOS machine performs from the time that it is powered on until it is turned off. [Sec. 3, Rule 1, AM 10-4-1SC, May 4, 2010]. 2. The document that contains the list of all activities performed by the PCOS machine from the time it was switched on until the time it was turned off. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Audit trail or Audit log. A securityrelevant chronological record, set of records, or destination and source of records that provide documentary evidence of the sequence of activities that have affected at any time a specific operation, procedure, or event. Auditing Code of the Philippines. PD 1445 signed into law on June 11, 1978. Auditorial function of an auditor. As a representative of the COA, his function

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comprises 3 aspects: (a) examination; (b) audit: and (c) settlement of the accounts, funds, financial transactions and resources of the agencies under their respective audit jurisdiction. [Arias v. Sandiganbayan, GR 81563. Dec. 19, 1989]. Auscutate. To listen to the sounds arising within organs as an aid to diagnosis and treatment, the examination being made either by the use of the stethoscope or by direct application of the ear to the body. [Ramos v. CA, GR 124354, Apr. 11, 2002]. Australian ballot. 1. The electoral system after which our own balloting system is patterned which is characterized by absolute secrecy in voting. 2. It originated in Australia during the 1850s. In the US, it is also known as the Massachusetts ballot. Aut judicare aut dedere. Lat. either adjudicate or extradite. A rule, common to anti-terrorism treaties, that requires a contracting state either to prosecute an alleged offender who is within its territory or to extradite the offender to another contracting state for prosecution there. Authentic. Of undisputed origin; genuine. Authentic notice. Constancia autentica. [Art. 749, CC]. "The acceptance having been made in the deed of gift itself, notification thereof to the donor in a constancia autentica was evidently not necessary." [Kapunan v. Casilan, L8178, Oct. 31, 1960]. Authentic writing. A writing which, for purposes of Art. 278 of the Civ. Code, is the genuine or indubitable writing of the father [or mother], and includes a public instrument [one acknowledged before a notary public or other competent official with the formalities required by law] and, a public or official document in accordance with the Rules of Court. [Banaag v. Bartolome, GR 76245. Dec. 20, 1991]. Authenticate. To sign, execute or use a symbol, or encrypt a record in whole or in part, intended to identify the authenticating party and to adopt, accept or establish the authenticity of a record or term. [Special Rules of Court on ADR, Rule 1.11, AM 07-11-08-SC, Sept. 1, 2009]. Authentication. Evid. The proof of a documents due execution and genuineness if the purpose is to show that it is genuine, or proof of its forgery, if its purpose is to show that the document is a forgery. Author. The natural person who has created the work. [Art. 171, RA 8293]. Authority. Labor. A document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. [Art. 13, LC]. Authority to import. A document issued by the Chief of the PNP authorizing the importation of firearms, or their parts, ammunition and other components. [Sec. 3, RA 10591]. Authorization. A permission embodied in a document granted by the FDA to a natural or juridical person who has submitted an application to implement the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and/or, where appropriate, the use, testing, promotion, advertising, or sponsor-

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ship of health products. The authorization can take the form of a permit, a license, a certificate of registration, of accreditation, of compliance, or of exemption, or any similar document. [Sec. 9, RA 9711]. Authorize. To grant authority or power to; to give permission for. Authorized. Endowed with authority. Authorized capital stock. It is synonymous with capital stock where the shares of the corporation have par value. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 52]. Authorized cause. Labor. A term which is associated with the legal termination of an employees services who is without fault for a cause that cannot be attributed to him, such as the installation of labor-saving devices, redundancy, retrenchment to prevent losses, or the closing or cessation of business operations. [Art. 283, LC]. Authorized dealer. Any person, legal entity, corporation, partnership or business entity duly licensed by the FEO of the PNP to engage in the business of buying and selling ammunition, firearms or parte thereof, at wholesale or retail basis. [Sec. 3, RA 10591]. Authorized driver clause. Ins. 1. A clause which provides that an authorized driver must not only be permitted to drive by the insured but that he is permitted under the law and regulations to drive the motor vehicle and is not disqualified from so doing under any enactment or regulation. [Stokes v. Malayan Ins. Co., GR L-34768. Feb. 24, 1984]. 2. The main purpose of the clause is that a person other than the insured owner, who drives the car on the insured's order, such as his regular driver, or with his permission, such as a friend or member of the family or the employees of a car service or repair shop, must be duly licensed drivers and have no disqualification to drive a motor vehicle. [Villacorta v. Ins. Comm., 100 SCRA 467]. Authorized importer. Any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the business of importing ammunition and firearms, or parts thereof into the territory of the Rep. of the Phils. for purposes of sale or distribution under the provisions of RA 10591. [Sec. 3, RA 10591]. Authorized manufacturer. Any person, legal entity, corporation, or partnership duly licensed by the FEO of the PNP to engage in the business of manufacturing firearms, and ammunition or parts thereof for purposes of sale or distribution. [Sec. 3, RA 10591]. Authorized-cause dismissal. Labor. A form of terminating employer-employee relationship with a liability on the part of the employer to pay separation pay as mandated by law. [Poquiz, Labor Rel. Law, 1999 Ed. p. 349]. Compare with Just-cause dismissal. Auto-. A combining form meaning self, same, spontaneous. Auto-limitation principle. Intl. Law. [The principle under which] any state may, by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what

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otherwise is a plenary power. [Reagan v. CIR, GR L-26379, Dec. 27, 1969]. Automated. Converted to largely automatic operation. Automated election system (AES). 1. Election system using appropriate technology in voting, counting, consolidating, canvassing, transmitting election results, and other electoral processes. [The 2010 Rules of the PET, Rule 2, AM 104-29-SC, May 4, 2010]. 2. A system using appropriate technology for voting and electronic devices to count votes and canvass or consolidate results. [Sec. 2, RA 8436]. Automated Tellet Machine (ATM). A machine that provides cash and performs other banking services on insertion of a special card. Automatic. Involuntary either wholly or to a major extent so that any activity of the will is largely negligible; of a reflex nature without volition; mechanical; like or suggestive of an automation. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004]. Automatic appropriation for debt service. [Appropriation in the General Appropriations Act] authorized by PD 81, entitled "Amending Certain Provisions of RA 4860, as Amended [Re: Foreign Borrowing Act], "by PD 1177, entitled "Revising the Budget Process in Order to Institutionalize the Budgetary Innovations of the New Society," and by PD 1967, entitled "An Act Strengthening the Guarantee and Payment Positions of the Rep. of the Phils. on Its Contingent Liabilities Arising out of Relent and Guaranteed Loans by Appropriating Funds For The Purpose." [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Automatically. In an automatic manner; without thought or conscious intention. [Prov. of Batangas v. Romulo, GR 152774, May 27, 2004]. Automobile. Any 4 or more wheeled motor vehicle regardless of seating capacity, which is propelled by gasoline, diesel, electricity or any other motive power: Provided, That for purposes of RA 9224, buses, trucks, cargo vans, jeeps, jeepneys or jeepney substitutes, single cab, chassis, and special-purpose vehicles shall not be considered as automobiles. [RA 9224]. Autonomy. It is either decentralization of administration or decentralization of power. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989]. Autonomy in contracts. Also Freedom to contract or Liberty in contracts. The rule in Art. 1306, of the Civ. Code that the contracting parties may establish such stipulations as they may deem convenient, provided they are not contrary to law, morals, good customs, public order or public policy. [Manila Resource Dev. Corp. v. NLRC, GR 75242. Sep. 2, 1992]. Autonomy of parties. [A principle that holds that] unless the terms of a contract are against the law, morals, good customs, and public policy, such contract is law bet. the parties and its terms bind them. Autoptic. Based on one's own observation. Autoptic proference. The inspection by the tribunal of the thing itself and its

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condition. [Tiglao v. Comelec, GR L31566 & L-31847. Aug. 31, 1970]. See Real evidence. Autosexual. Legal Med. A deviate who would rather have masturbation than make love with his/her partner of the opposite sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Autrefois acquit. Fr. Previous acquittal. It refers to an accused who cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted. See also Antrefois acquit. Autrefois attaint. Fr. Attainted for a felony. It refers to a person who cannot be tried again for the same offence. Autrefois convict. Fr. Previous conviction. It refers to the plea made by the accused if he maintains that the previous trial resulted in conviction. Auxiliary. Providing supplementary or additional help and support. Auxiliary crop. Any product raised other than the crop to which the cultivation of the land is principally devoted in each agricultural year; and excluding the produce of the lot referred to in Sec. 22, par. 3 of RA 2263. [Sec. 2, RA 2263]. Auxiliary language. A particular language, spoken in certain places, which supports or helps the national and/or official languages in their assigned functions. [Sec. 3, RA 7104]. Auxiliary social services. The supportive activities in the delivery of social services to the marginalized sectors of society. [Sec. 4, RA 7277]. Average. Mar. Ins. Any extraordinary or accidental expense incurred during the voyage for the preservation of the vessel, cargo or both and all damages to the vessel and cargo form the time it is loaded and the voyage commenced until it ends and the cargo unloaded. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 117]. Average annual income. The sum of the annual income as herein defined actually obtained by a province, city or municipality during the required number of consecutive calendar years immediately preceding the general reclassification of local govts., divided by such number of calendar years, as may be certified to by the COA for purposes of such reclassification of provinces, cities and municipalities. [Sec. 4, EO 249, July 25, 1987]. Average monthly compensation. The quotient after dividing the aggregate compensations received by the member for the last 3 years immediately preceding his death or separation or disability or retirement, by the number of months he received said compensation, or P3,000, which ever is smaller. [Sec. 2, PD 1146]. Aviation. The flying or operating of aircraft. See Aeronautics. Aviation certificate. Any airworthiness certificate, airman certificate, air operator certificate, certificate authorizing the operation of an aviation school or approved maintenance organization or other document issued by virtue of the provisions of RA 9497 in respect of any person, aircraft, airport or aviationrelated service. [Sec. 3, RA 9497].

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Avoidance. The act of keeping away from or preventing from happening. Avoidance of the law. In conflict of laws, the intentional arrangement of connecting factors [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 jurisdiction. The opposite of evasion of the law [fraude la loi]. Avulsion. 1. The segregation by the current of a river, creek or torrent from an estate on its bank a known portion of land and transferring it to another estate. The owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within 2 years. [Art. 459, CC]. 2. Land accretion that occurs by the erosion or addition of one's land by the sudden and unexpected change in a river stream such as a flash flood. Award. Any partial or final decision by an arbitrator in resolving the issue in a controversy. [Sec. 3, RA 9285]. Awning. A movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded, or collapsed against the face of a supporting building. [Sec. 1203, PD 1096]. AWOL or Absent Without Leave. [It] means that the employee has left or abandoned his post for a continuous period of 30 calendar days or more without any justifiable reason and notice to his employer. [Binay v. Odea, GR 163683, 8 June 2007].

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-BBaby. A very young child, esp. one newly or recently born. Baby rocket. A firecracker with a stick so constructed that lighting of the wick will propel the whole thing to lift a few meters before exploding. The firecracker is about 1 inches in length by 3/8 inch in diameter while the stick is about a foot in length. [Sec. 2, RA 7183]. BAC. The Bids and Awards Committee established in accordance with Art. V of RA 9184. Back pay. Pay awarded for work that could have been performed by the employee except that he was prevented from doing so because of his illegal dismissal by the employer. [Phil. Veterans Bank Employees Union v. Phil. Veterans Bank, GR 67125. Aug. 24, 1990]. Backwages. 1. The restitution of earnings unduly withheld from the employee because of illegal termination. It partakes the nature of a penalty the employer has to pay for illegally dismissing an employee. 2. Wages granted on the basis of equity for earnings which a worker or employee has lost due to his illegal dismissal. [Cathedral Schl. of Tech. v. NLRC, GR 101438, Oct. 13, 1992]. Backward shifting. The transfer of the burden of the tax from the consumer or purchaser through the factors of distribution to the factors of production. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 56]. Bad debt. A debt that cannot be recovered.

Bad faith. 1. A state of mind affirmatively operating with furtive design or with some motive of self-interest or ill will or for ulterior purpose. [Air France v. Carrascoso, GR L-21438. Sep. 28, 1966]. 2. The neglect or refusal to fulfill a duty, not prompted by an honest mistake, but by some interested or sinister motive. [State v. Griffin, 100 S.C. 331, 84 S.E. 876]. Bad faith of a possessor in reference to land. There is a presumption of bad faith whenever a possessor is aware that there exists in his title or mode of acquisition any flaw which invalidates it. [Art. 526, CC]. Bad faith on the part of the landowner. There is bad faith whenever the act was done with the knowledge of the landowner and without opposition on his part. [Art. 453, CC]. Badges of fraud. Some of the circumstances attending sales which may be considered as fraudulent: 1. The fact that the consideration of the conveyances is fictitious or is inadequate; 2. A transfer made by a debtor after suit has been begun and while it is pending against him; 3. A sale upon credit by an insolvent debtor; 4. Evidence of large indebtedness or complete insolvency; 5. The transfer of all or nearly all of his property by a debtor, esp. when he is insolvent or greatly embarrassed financially; 6. The fact that the transfer is made bet. father and son, where there are present other of the above circumstances; 7. The failure of the vendee to take exclusive possession of all the property. [Orsal v. Alibo, GR L-13310, Nov. 28, 1959].

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Baggage. Such articles of apparel, ornament, etc., as are in daily use by travelers, for convenience acc. to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or ultimate purpose of the journey. Only such articles of necessity or convenience as are generally carried by passengers for their personal use. [Comm. of Customs v. Geronimo, GR L-31642. Oct. 28, 1977]. Bail. 1. The security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of a corporate surety, property bond, cash deposit, or recognizance. [Sec. 1, Rule 114, RoC]. 2. Money or other security [such as a bail bond] provided to the court to temporarily allow a person's release from jail and assure their appearance in court. Bail and bond are often used interchangeably. 3. The security given for the release of the child in custody of the law, furnished by the child, the child's parent, guardian, or a bondsman, to guarantee the child's appearance before the court. Bail may be posted in a form such as corporate security, property bond or cash deposit. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009].Bail bond. An obligation signed by the accused to secure his presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as Bond. Bail bond. An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not appearing for the trial. Bailee. The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his possession. Bailiff. An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum. Bailment. 1. The relationship created when the owner of property, the bailor, delivers it to another, the bailee, for some specific purpose. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. The transfer of possession of something [by the bailor] to another person [called the bailee] for some temporary purpose [e.g. storage] after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment. Bailor. The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment. Bakia or Bakya. Tag. Wooden shoes. [People v. Resayaga, GR L-49536, Mar. 30, 1988]. Baklad. Tag. Fish corral or fish trap. See Fish corral. Balae. Tag. The parents and parents-inlaw relationship [term of reference]; a parent of ones son- or daughter-in-law. [CSCs Guidelines on the use of the rev. SALN form]. Balance. A remainder or something remaining from the original total sum already agreed upon. [Adelfa Properties, Inc. v. CA, GR 111238. Jan. 25, 1995].

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Balance of power. Intl. Law. An arrangement of affairs so that no state shall be in apposition to have absolute mastery and dominion over others. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 50]. Balanced and restorative justice. A principle in juvenile justice that requires a process of resolving conflicts with the participation of the victim, the child in conflict with the law, and the community. It seeks to obtain reparation for the victim; reconciliation to the victim, the child in conflict with the law, and the community, and the reassurance that the child in conflict with the law can be reintegrated into society. It also enhances public safety by involving the victim, the child in conflict with the law, and the community in prevention strategies. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Balancing of interest rule. When particular conduct is regulated in interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the 2 conflicting interests demands the greater protection under the particular circumstances presented [Amer. Communications Assoc. v. Douds, 339 US 282]. Balancing of interests. Considering, weighing or counterbalancing the competing political or financial concerns of different parts of society, incl. industries, consumers, trade unions and other groups or organizations. Balancing test. 1. The test applied by courts in determining whether or not an accused has been denied his right to a speedy trial, in which the conduct of both the prosecution and the accused is weighed, and such factors as length of the delay, reason for the delay, the accused's assertion or non-assertion of his right, and prejudice to the accused resulting from the delay, are considered. [Hipolito v. CA, GR 108478-79, Feb. 21, 1994]. Also known as Four-factor balancing test. 2. When particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the 2 conflicting interests demands the greater protection under the particular circumstances presented. [Amer. Communications Asso. v. Douds, Yap v. Boltron, 100 Phil. 324 (1956)]. Compare with Clear and present danger rule and Dangerous tendency doctrine. Balikbayan. A Filipino citizen who has been continuously out of the Phils. for a period of at least 1 year, a Filipino overseas worker, or former Filipino citizen and his or her family who had been naturalized in a foreign country and comes or returns to the Phils. [Sec 2, RA 9174; Sec. 2. RA 6768]. Ban. A prohibition imposed by law or official decree. Banco. Sp. Bench. The local term for (a) particular long chair. [People v. Pastoral, GR 51686. Sep. 10, 1993]. Band. Also En cuadrilla. A group of more than 3 armed malefactors who take part in the commission of a robbery. [Art. 296, RPC]. Bandolerismo. Sp. Brigandage. Bangalore Draft. The draft, agreed to by world jurists in a judicial conference held

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in Bangalore, India, and adopted as the model by the Sup. Court of the Phils. in promulgating the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct for Court Personnel, both of which took effect on June 1, 2004. [AM 03-05-01-SC, Apr. 27, 2005]. Bangko Sentral ng Pilipinas (BSP). The independent central monetary authority [of the Rep. of the Phils.] that shall function and operate as an independent and accountable body corporate in the discharge of its mandated responsibilities concerning money, banking and credit. [Sec. 1 & 2, RA 7653]. Bangungot. Tag. 1. Asphyxial cardiorespiratory failure. [People v. Narciso, GR L-24484. May 28, 1968]. 2. A natural disease locally called [as such] where the victim dies in his sleep allegedly due to bad dreams or nightmares. 3. A theoretical disease whose remote and immediate cause, pathology and cure have not as yet been accurately determined and scientifically established and confirmed. [Luzon Brokerage Co., Inc. v. Dayao, GR L-10362. Nov. 27, 1959]. Bank. 1. Every banking institution, as defined in Sec. 2 of RA 337, as amended, otherwise known as the General Banking Act. A bank may either be a commercial bank, a thrift bank, a development bank, a rural bank or a specialized govt. bank. [Sec. 22, NIRC, as amended]. 2. (a) A banking institution organized under the laws of the Phils., (b) any other banking institution or trust company, doing business under the laws of the Phils., a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks. [Sec. 3, RA 2629]. 3. A moneyed institute founded to facilitate the borrowing, lending, and safekeeping of money and to deal in notes, bills of exchange, and credits. [Rep. v. Security Credit & Acceptance Corp., GR L-20583. Jan. 23, 1967]. Bank deposit. Money held by a bank. The bank may freely use this money as it best sees fit. A depositor only has a claim against the bank as a general creditor and not as a bailor of specific property deposited with the bank. Bank draft. 1. A bill of exchange drawn by a bank upon its correspondent bank, issued at the solicitation of a stranger who purchases and pays therefor. [Citytrust Banking Corp. v. CA, GR 92591. Apr. 30, 1991]. 2. An order for payment of money. [Ibid.]. Bank privacy. See Bank secrecy. Bank reserves. The reserves required of all banks operating in the Phils. to maintain against their deposit liabilities in order to control the volume of money created by the credit operations of the banking system. [Sec. 94, RA 7653]. Bank secrecy or Bank privacy. A legal principle in some jurisdictions under which banks are not allowed to provide to authorities personal and account information about their customers unless certain conditions apply. Bank Secrecy Law. RA. 1405 [which] declares that all types of deposits2 in banking institutions incl. investments in bonds issued by the Phil. Govt. and its political subdivisions and instrumentalities are considered of absolutely confidential nature. As provided, deposits

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may not be examined, inquired or looked into by any person, government official, bureau or office. It is also unlawful for any official or employee of a bank to disclose to any person any information concerning deposits. Violation against this law subjects the offender to certain penalties. Also known as the Law on Secrecy of Bank Deposits. Banker. 1. An officer or owner of a bank or group of banks. 2. The person running the table, controlling play, or acting as dealer in some gambling or board games. Bankers acceptance bill. Nego. Inst. A bill of exchange of which the acceptor is a bank or banker engaged generally in the business of granting bankers acceptance credit. This is the same as Trade acceptance bill, the only difference is it is drawn against a bank instead of the buyer. [Diaz, Bus. Law Rev., 1991 Ed., p. 365]. Bankers check. A chose in action, or evidence of the right of the real owner. Banking. The business conducted or services offered by a bank. Banking franchise. An authority granted by the monetary board to conduct banking business [in the Phils.] as provided for under the pertinent laws. Banking institution and Bank. The terms are synonymous and interchangeable and specifically include banks, banking institutions, commercial banks, savings banks, mortgage banks, trust companies, building and loan associations, branches and agencies in the Phils. of foreign banks, hereinafter called Phil. branches, and all other corporations, companies, partnerships, and associations performing banking functions in the Phils. [Sec. 2, RA 337]. Bankrupt. A debtor that, upon voluntary petition or one invoked by the debtor's creditors, is judged legally insolvent. The debtor's remaining property is then administered for the creditors or is distributed among them. Bankruptcy. 1. The formal condition of an insolvent person being declared bankrupt under law. The legal effect is to divert most of the debtor's assets and debts to the administration of a 3rd person, sometimes called a trustee in bankruptcy, from which outstanding debts are paid pro rata. Bankruptcy forces the debtor into a statutory period during which his commercial and financial affairs are administered under the strict supervision of the trustee. 2. Statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or discharged from their debts, perhaps by paying a portion of each debt. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors. Banks. Collectively, the rural banks, cooperative banks, and private development banks as defined in par. 17, 18 and 19, Sec. 3 of RA 7607. [Sec. 4, RA 7607]. Banks and other financial institutions. Non-bank financial intermediaries, lending investors, finance and investment companies, pawnshops, money shops, insurance companies, stock markets,

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stock brokers and dealers in securities and foreign exchange, as defined under applicable laws, or rules and regulations thereunder. [Sec. 131, RA 7160]. Banned. Prohibited, esp. by official decree. Banned hazardous substance. (a) Any toy or other articles intended for use by children, which are hazardous per se, or which bear or contain substances harmful to human beings; or (b) any hazardous substance intended or packaged in a form suitable for use in the household, which the implementing agency by regulation, classifies as banned hazardous substance notwithstanding the existence of cautionary labels, to safeguard public health and safety. [Art. 4, RA 7394]. Bantay bayan. Tag. A group of male residents living in [the] area organized for the purpose of keeping peace in their community [which is] an accredited auxiliary of the x x x PNP. [People v. Buendia, 432 Phil. 471 (2002)]. Baptism. A religious sacrament marked by the symbolic application of water to the head or immersion of the body into water and resulting in admission of the recipient into the community of Christians. Baptismal certificate. 1. A private document, which, being hearsay, is not a conclusive proof of filiation (and) does not have the same probative value as a record of birth, an official or public document. [In Re: Pabellar v. CA, GR L27298. Mar. 4, 1976]. 2. While (it) may be considered (a) public document, (it) can only serve as evidence of the administration of the sacraments on the dates so specified. [It is] not necessarily competent evidence of the veracity of entries therein with respect to the child's paternity. [Fernandez v. CA, GR 108366. Feb. 16, 1994]. Bar. 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers. 3. The whole body of attorneys and counselors. Collectively, the members of the legal profession. Bar admission. The act by which one is licensed to practice before the courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after a period of years as a member of the bar of another jurisdiction. Bar by prior judgment doctrine. Rem. Law. [A concept of res judicata holding that] when, as bet. the first case where the judgment was rendered and the 2nd case that is sought to be barred, there is identity of parties, subject matter, and causes of action. In this instance, the judgment in the first case constitutes an absolute bar to the 2nd action. [Antonio v. Sayman Vda. de Monje, GR 149624, 29 Sept. 2010, 631 SCRA 471, 480]. Bar by prior or former judgment. Also Res judicata. The rule that the judgment in the 1st case constitutes an absolute bar to the subsequent action when, bet. the 1st case where the judgment was rendered and the 2nd case which sought to be barred, there is identity of parties, subject matter and cause of action. [Comilang v. CA, July 15, 1975].

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Bar examination. A state examination [administered by the Sup. Court of the Phils.] taken by prospective lawyers in order to be admitted and licensed to practice law. Bar Flunkers Act of 1953. RA 972 entitled An Act to Fix the Passing Marks for Bar Examinations from Nineteen Hundred and Forty-Six Up to and Including Nineteen Hundred and Fifty-Five enacted on June 21, 1953. Barako. Tag. Tough guy. [People v. Batas, GR 84277-78. Aug. 2, 1989]. Barangay. The name by which any barrio recognized under RA 3590, otherwise known as the "Barrio Charter Law", as amended, incl. those that were subsequently created in accordance with subsequent laws would thenceforth be called. Barangay Day Care Center Law of 1978. PD 1567 entitled Establishing a day care center in every barangay and appropriating funds therefor signed into law on June 11, 1978. Barangay Decree. PD 557 entitled Declaring all barrios in the Phils. as barangays, and for other purposes signed into law on Sep. 21, 1974. Barangay health worker. A person who has undergone training programs under any accredited govt. and non-govt. org. and who voluntarily renders primary health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines promulgated by the DOH. [Sec. 3, RA 7883]. Barangay Health Workers' Benefits and Incentives Act of 1995. RA 7883 entitled An Act creating benefits and incentives to accredited barangay health workers and for other purposes enacted on Feb. 20, 1995. Barangay Justice. See Katarungang Pambarangay. Barangay Livelihood and Skills Act of 2008. RA 9509 entitled An Act Establishing Livelihood and Skills Training Centers in 4th, 5th and 6th Class Municipalities and for Other Purposes enacted on Oct. 21, 2009. Barangay micro business enterprise (BMBE). Any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, incl. agro-processing, trading and services, whose total assets incl. those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than P3,000,000.00. [Sec. 3, RA 9178]. Barangays. Units of municipalities or municipal districts in which they are situated. They are quasi-municipal corporations endowed with such powers as are herein provided for the performance of particular govt. functions, to be exercised by and through their respective barangay governments in conformity with law. [Sec. 2, RA 3590, as amended]. Bare assertion fallacy. A term which is used to identify and describe a sort of arbitrary dogmatic statement which the speaker expects the listener to accept as valid. See Ipse dixit.

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Bareboat. Mar. Law. Literally, without a crew. [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989]. Bareboat charter. A type of demise charter in which the lessee [charter] leases a vessel without a master and crew and appoints own personnel for those positions for the duration of the lease [charter]. See Demise charter. Bargain. 1. N. An agreement bet. 2 or more parties as to what each party will do for the other. 2. V. To negotiate the terms and conditions of a transaction. Bargainable. Subject to bargaining; legitimately subject to collective bargaining. Bargainable employee. Generally, it refers to a rank-and-file employee who belongs to an established collective bargaining unit. Bargaining. A process where the parties discuss their demands and counterdemands and, after haggling, agree on what is essentially a compromise reflecting the concessions mutually given by the parties to arrive at a common understanding. [Aquino v. NLRC, GR 87653. Feb. 11, 1992]. Bargaining representative. A legitimate labor organization or any officer or agent of such organization whether or not employed by the employer. [Art. 212, LC]. Bargaining unit. A group of employees of a given employer comprised of all or less than all of the entire body of employees, which the collective interest of all the employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law. [Golden Farms v. Sec. of Labor, GR 102130. July 26, 1994]. Barkada. Tag. 1. Group. [People v. Resayaga, GR L-23234. Dec. 26, 1973]. 2. Comrade or co-conspirator. [People v. Plateros, GR L-37162. May 30, 1978]. 3. Companion. [People v. Catindihan, GR L-32508 & L-42104. Apr. 28, 1980]. 4. Gang. [People v. Cuya, Jr., GR L33046. Feb. 18, 1986]. 5. Buddies. [People v. Parba, GR L-63409. May 30, 1986]. 6. Close friend. [People v. Valdez, GR L-75390. Mar. 25, 1988]. Barker. A caller of jeepney passengers. [People v. Payumo, GR 81761. July 2, 1990]. Barking. Calling for passengers to ride on waiting jeepneys. Barratry. 1. Legal Ethics. The offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 46]. 2. Mar. Law. The fraudulent act of the master or mariner against the ship owners interest. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109]. 3. Any willful misconduct on the part of master or crew in pursuance of some unlawful or fraudulent purpose without the consent of the owners, and to the prejudice of the owner's interest. (Sec. 171, US Ins. Law, quoted in Vance, Handbook on Law of Ins., 1961, p. 929.) Barratry clause. Mar. Ins. A clause which provides that there can be no recovery on the policy in case of any willful misconduct on the part of the master or crew in pursuance of some unlawful or fraudulent purpose without the consent

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of the owners and to the prejudice of the owners interest. Barrel. 42 US gallons or 9702 cubic inches at temperature of 60 F. [Sec. 3, PD 87]. Barrier bet. the legitimate family and the illegitimate family rule. [The rule under Art. 992 of the Civ. Code, wherein] there is a barrier dividing members of the illegitimate family from members of the legitimate family [by virtue of which] the legitimate brothers and sisters as well as the children, whether legitimate or illegitimate, of such brothers and sisters, cannot inherit from the illegitimate child. Consequently, when the law speaks of "brothers and sisters, nephews and nieces" as legal heirs of an illegitimate child, it refers to illegitimate brothers and sisters as well as to the children, whether legitimate or illegitimate, of such brothers and sisters. [Jurado, D., Comments and Jurisprudence on Succession, 8th ed., 1991, pp. 423424]. See Iron curtain rule. Barrio Charter Act. RA 2370 entitled An Act granting autonomy to barrios of the Phils. enacted on June 20, 1959. Barrio or Barrios. Units of municipalities or municipal districts in which they are situated. They are quasi-municipal corporations endowed with such powers provided in the law for the performance of particular govt. functions, to be exercised by and through their respective barrio governments in conformity with law. [Sec. 2, RA 2370]. Now called Barangay. Barrister. A litigation specialist; a lawyer that restricts his practice to the court room. In England and some other Commonwealth jurisdictions, a legal distinction is made bet. barristers and solicitors, the latter with exclusive privileges of advising clients, providing legal advice, and the former with exclusive privileges of appearing in a court on behalf of a client. Barter or Exchange contract. 1. A contract whereby one of the parties binds himself to give one thing in consideration of the other's promise to give another thing. [Art. 1638, CC]. 2. A contract whereby one person transfers the ownership of non-fungible things to another with the obligation on the part of the latter to give things of the same kind, quantity, and quality. [Art. 1954, CC]. Base metals. All metallic minerals except noble metals. [Sec. 2, RA 4095]. Basel Convention. The international accord which governs the trade or movement of hazardous and toxic waste across borders. [Sec. 4, RA 8479]. Baseline. The line from which territorial seas and other maritime zones are measured. Bases Conversion and Development Authority (BCDA). A body corporate created under Sec. 3 of RA 7227. Basic. Forming an essential foundation or starting point; fundamental. Basic community services and facilities. Services and facilities that redound to the benefit of all homeowners and from which, by reason of practicality, no homeowner may be excluded such as, but not limited to: security; street and vicinity lights; maintenance, repairs and cleaning of streets; garbage collection

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and disposal; and other similar services and facilities. [Sec. 3, RA 9904]. Basic credit data. Positive and negative information provided by a borrower to a submitting entity in connection with the application for and availment of a credit facility and any information on the borrowers creditworthiness in the possession of the submitting entity and other factual and objective information related or relevant thereto in the submitting entitys data files or that of other sources of information: Provided, that in the absence of a written waiver duly accomplished by the borrower, basic credit data shall exclude confidential information on bank deposits and/or clients funds under RA 1405 [Law on Secrecy of Bank Deposits], RA 6426 [The Foreign Currency Deposit Act], RA 8791 [The General Banking Law of 2000], RA 9160 [Anti-Money Laundering Law] and their amendatory laws. [Sec. 3, RA 9510]. Basic education. The education intended to meet basic learning needs which lays the foundation on which subsequent learning can be based. It encompasses early childhood, elementary and high school education as well as alternative learning systems 4 out-of-school youth and adult learners and includes education for those with special needs. [Sec. 4, RA 9155]. Basic Emergency Obstetric and Newborn Care (BEMONC). Lifesaving services for emergency maternal and newborn conditions/complications being provided by a health facility or professional to include the following services: administration of parenteral oxytocic drugs, administration of dose of parenteral anticonvulsants, administration of parenteral antibiotics, administration of maternal steroids for preterm labor, performance of assisted vaginal deliveries, removal of retained placental products, and manual removal of retained placenta. It also includes neonatal interventions which include at the minimum: newborn resuscitation, provision of warmth, and referral, blood transfusion where possible. [Sec. 4, RA 10354]. Basic necessities. Rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry, meat, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, and drugs classified as essential by the DOH and other commodities as maybe classified by the DTI and the DA acc. to RA 7581 or the Price Act. [Art. 5, IRR of RA 9994; Sec. 3 (1), RA 7581]. Basic needs. Those fundamental requirements that serve as the foundation for survival. Basic needs approach to development. The identification, production and marketing of wage goods and services for consumption of rural communities. [Sec. 4, RA 8435]. Basic salary. 1. A rate of pay for a standard work period exclusive of such additional payments as bonuses and overtime. [Boie-Takeda Chemicals, Inc. v. De La Serna, GR 92174. Dec. 10, 1993]. 2. [This] shall include all remunerations or earnings paid by an employer to an employee for services rendered but may not include cost-of-living allowances granted pursuant to PD 525 or LOI 174, profit-sharing payments, and all allowances and monetary benefits which are not considered or integrated

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as part of the regular or basic salary of the employee at the time of the promulgation of the Decree on Dec. 16, 1975. [Rules and Regulations Implementing PD 851, promulgated on Dec. 22, 1975]. Basic sectors. The disadvantaged sectors of Phil. society, namely: farmerpeasant, artisanal fisher folk, workers in the formal sector and migrant workers, workers in the informal sector, indigenous peoples and cultural communities, women, differently-abled persons, senior citizens, victims of calamities and disasters, youth and students, children, and urban poor. [Sec. 3, RA 8425]. Basic skills training. The 1st stage of the learning process of a vocational character for a given task, job, occupation or group of occupations, aimed at developing the fundamental attitude, knowledge, skill or behavior pattern to specified standards. [Sec. 1, Rule 1, Book 2, IRR of LC]. Basic tuition fees. Amounts paid for the privilege to receive instruction in a high school but does not include matriculation fee, and other miscellaneous fees as library and athletic fee, laboratory fee, entrance fee, ROTC fee, student council fee, graduation fee and similar fees. [Sec. 30, PD 69]. Basic unit. A well-defined unit which by convention is regarded as dimensionally independent. [Sec. 4, BP 8]. Basic wage. 1. All regular remuneration or earnings paid by an employer for services rendered on normal working days and hours but does not include cost-ofliving allowances. profit-sharing payments. Premium payments, 13th month pay, and other monetary benefits which are not considered as part of or integrated into the regular salary of the employee on the date the Order became effective. [IRR, EO 178]. 2. All remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours but does not include cost-of-living allowances, profit sharing payments, premium payments, 13th month pay or other monetary benefits which are not considered as part of or integrated into the regular salary of the workers. [Sec. 1, Rule 7, Book 3, IRR of LC]. Basin. A naturally or artificially enclosed or nearly enclosed body of water in free communication with the sea. [Sec. 3, PD 857]. Basnig. Tag. A fishing boat. [Jimenez v. Averia, GR L-22759. Mar. 29, 1968]. Bastante amenazadora. Sp. Quite menacing. [In Re: Contempt Proceedings v. Aguas, GR 12, Aug. 8, 1901]. Bastard. An illegitimate child, born in a relationship bet. 2 persons that are not married [i.e. not in wedlock] or who are not married at the time of the child's birth. Batas Kasambahay or Domestic Workers Act. RA 10361 entitled An Act Instituting Policies for the Protection and Welfare of Domestic Workers enacted on Jan. 18, 2013. Batas Pambansa (BP). Statutes approved by the Batasang Pambansa. [Suarez, Stat. Con., (1993), p. 42]. Batch. A quantity of any drug or device produced during a given cycle of manufacture. [Sec. 6, EO 175, May 22, 1987].

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Batch number. A designation printed on the label of a drug or device that identifies the batch, and permits the production history of the batch incl. all stages of manufacture and control, to be traced and reviewed. [Sec. 6, EO 175, May 22, 1987]. Battered. Injured by repeated blows or punishment. Battered woman. A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. The term includes wives or women in any form of intimate relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a 2nd time, and she remains in the situation, she is defined as a battered woman. [McMaugh v. State, 612 A.2d 725, 731, quoting L. Walker, The Battered Woman, at XV (1979)]. Battered woman syndrome. A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. [Sec. 3, RA 9262]. Battery. 1. An act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. [Sec. 3, RA 9262]. 2. A beating, or wrongful physical violence. The actual threat to use force is an assault; the use of it is a battery, which usu. includes an assault. Batuta. Tag. A nightstick used by barangay tanods. [People v. Balderama, GR 89597-98. Sep. 17, 1993]. Baul. Tag. Commonly known in local parlance as wooden trunk. [People v. Sadang, GR 105378. June 27, 1994]. Bawang. Tag. A firecracker larger than a triangulo with 1/3 teaspoon of powder packed in cardboard tied around with abaca strings and wrapped in shape of garlic. [Sec. 2, RA 7183]. Bay. Intl. Law. A well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a curvature of the coast. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 62]. Bayani. Tag. Hero. Bayanihan. Tag. A spirit of communal unity or effort to achieve a particular objective. See Palusong. Bayaw. Tag. 1. Brother-in-law. [People v. Manalo, GR L-42505. Dec. 26, 1984]. 2. Sometimes loosely used to refer to a [male] cousin-in-law. [People v. Songcuan, GR 73070. Aug. 11, 1989]. Compare with Bilas and Hipag. Bayawak. Tag. Monitor lizard. BCDA. See Bases Conversion and Development Authority. Bearer. Nego. Inst. The person in possession of a bill or note which is payable to bearer. [Sec. 191, NIL]. Bearer check. Nego. Inst. A check payable to cask.

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Bearer instrument. Nego. Inst. A check payable to the order of cash, the payee of which does not purport to be the name of any person. Beauty contest. Any competition open to any male or female, which is national in character or scope, whether with or without international affiliation, wherein the winner or winners are chosen on the basis of beauty or other physical attributes or a combination of beauty and talent, intelligence, charm, grace or other similar qualities. [LOI 1376]. Beginning of personality. Personality begins at conception, such that the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in Art. 41 of the Civ. Code. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb. [Arts. 40 and 41, CC]. Behest. An authoritative command. An urgent request Behest loans. The loans extended by GFIs allegedly upon orders of the Marcos regime to its favorites and cronies who obtained amounts unconscionably far in excess of their loan values and knowing fully well that they would never be repaid. [From the 3rd preambulatory clause of Proc. 82, dated Mar. 3, 1987]. BEI. Board of Election Inspectors. Beinte nueve. [A local] fan knife. [People v. Alcantara, GR 91283. Jan. 17, 1995]. Also Veinte nueve. Belated due process rule. See Wenphil doctrine. Belligerency. Intl. Law. It exists when a sizeable portion of the territory of a state is under the effective control of an insurgent community which is seeking to establish a separate govt. and the insurgents are in de facto control of a portion of the territory and population, have a political organization, are able to maintain such control, and conduct themselves acc. to the laws of war. [Sandoval, Pol. Law Reviewer 2003]. Belligerent. 1. Adj. Hostile and aggressive. 2. N. A nation or person engaged in war or conflict, as recognized by international law. Belligerent community. A group of rebels under an organized civil govt. who have taken up arms against the legitimate government. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 17]. Belligerent government. A govt. engaged in a war with insurgents. Belligerent occupation. Intl. Law. An incident of war which occurs when the territory of one belligerent is placed under the authority and control of the invading forces of the other belligerent. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 139]. Compare with Military occupation. Bells palsy. An acute lower Motor Neuron Palsy of the facial nerve, characterized by pain, weakness or paralysis of the affected side of the face. [Galanida v. ECC, GR L-70660. Sep. 24, 1987].

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Bellum justum. Lat. Just war theory. A doctrine that holds that a violent conflict ought to meet philosophical, religious or political criteria. BEMONC. See Basic Emergency Obstetric and Newborn Care. Bench. The seat occupied by the judge. More broadly, the court itself. Bench warrant. An order issued by a judge for the arrest of a person. Benefactor. Any person whether related or not to the senior citizen who provides care or who gives any form of assistance to him/her, and on whom the senior citizen is dependent on for primary care and material support, as certified by the City or Municipal Social Welfare and Devt. Officer [C/MSWDO]. [Art. 5, IRR of RA 9994]. Beneficial. 1. Favorable or advantageous; resulting in good. 2. Of or relating to rights, other than legal title. Beneficial owner. Any person who, directly or indirectly, through any contract arrangement, understanding, relationship or otherwise, possesses or shares voting power in regard of any security as to its investment disposition. Beneficial ownership. 1. One that is recognized by law and capable of being enforced in the courts at the suit of the beneficial owner. This is to be differentiated from naked ownership, which is the enjoyment of all the benefits and privileges of ownership, as against possession of the bare title of property. 2. The right to the gains, rewards and advantages generated by the property. [La Bugal-B'laan Tribal Assoc. Inc. v. DENR Secretary, GR 127882, Dec. 1, 2004]. Beneficial use. The use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes. [Sec 4, RA 9275]. Beneficiaries. The dependent spouse until he/she remarries and dependent children, who are the primary beneficiaries. In their absence, the dependent parents and subject to the restrictions imposed on dependent children and legitimate descendents who are the secondary beneficiaries. Provided, that the dependent acknowledged natural child shall be considered as a primary beneficiary when there are no other dependent children who are qualified and eligible for monthly income benefit. [Art. 167, LC]. Beneficiary. The person designated by the planholder as the recipient of the benefits in the pre-need plan. [Sec. 4, RA 9829]. Beneficiary or Cestui que trust. 1. The person for whose benefit the trust has been created. [Art. 1440, CC]. 2. Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust. 3. Ins. The person which is designated in a contract of life, health or accident insurance as the one who is to receive the benefits which become payable, acc. to the terms of the contract, upon the death of the insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 27]. Beneficio neto. Sp. Net profit.

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Benefits. The payment of monetary considerations and/or performance of future services which the pre-need company undertakes to deliver either to the planholder or his beneficiary at the time of actual need or agreed maturity date, as specified in the pre-need plan. [Sec. 4, RA 9829]. Benefits-protection theory. The theory that the govt. is expected to respond in the form of tangible and intangible benefits intended to improve the lives of the people and enhance their moral and material values. This symbiotic relationship is the rationale of taxation and should dispel the erroneous notion that it is an arbitrary method of exaction by those in the seat of power. [Comm. of Int. Rev. v. CA, GR L-28896. Feb. 17, 1988]. Bequeath. To give a gift to someone through a will. Bequests. Gifts made in a will. See Legacy. Berry Rule. Criteria that must be observed before a new trial may be granted by the courts on the ground of newly discovered evidence. Thus, it must be shown (a) that the evidence was discovered after trial; (b) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; (c) that it is material, not merely cumulative, corroborative, or impeaching; and (d) the evidence is of such weight that it would probably change the judgment if admitted. [Custodio v. Sandiganbayan, 453 SCRA 24]. Berthing. 1. The action of mooring a ship. 2. Mooring position; accommodation in berths. Berthing charge. The amount assessed against a vessel for mooring or berthing at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any port in the Phils.; or for mooring or making fast to a vessel so berthed; or for berthing or mooring within any slip, channel, basin river or canal under the jurisdiction of any port of the Phils. The owner, agent, operator or master of the vessel is liable for this charge. [Sec. 2901, RA 1937]. Best evidence. The best evidence available. Evidence short of this is secondary, that is, an original letter is Best evidence, and a photocopy is Secondary evidence. See Primary evidence. Best evidence rule. 1. A rule of evidence that there can be no evidence of a writing, the contents of which are the subject of inquiry, other than the original writing itself except, among others, when the original has been lost, destroyed, or cannot be produced in court. [Sec. 3, Rule 130, RoC]. 2. A rule providing that no evidence shall be received which is merely substitutionary in its nature so long as the original evidence can be had. [Arroyo v. HRET, GR 118597. July 14, 1995]. Best interest of the child. The totality of the circumstances and conditions as are most congenial to the survival, protection and feelings of security of the child and most encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of

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the child. [Sec. 4, RA 9344; AM 00-4-07SC]. Bestiality. 1. Savagely cruel or depraved behavior. 2. Sexual intercourse bet. a person and an animal. Bestosexual. Legal Med. A person whose sexual desire is towards animals. It is attained by having sex with an animal. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Bet. An amount or object risked in a wager; a stake. Bet taker of Promoter. A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a certain commission. [Sec. 4, PD 449]. Betrayal of public trust. Consti. Law. 1. 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 1986 Consti. Comm., Proceedings and Debates, 272; July 8, 2012]. 2. The phrase refers] to acts which are just short of being criminal but constitute gross faithlessness against public trust, tyrannical abuse of power, inexcusable negligence of duty, favoritism, and gross exercise of discretionary powers. [Gonzales III v. OP, GR 196231, Sept. 4, 2012]. Betrayal of trust or Revelation of secrets by an attorney or solicitor. Crim. Law. The felony committed by any attorney-at-law or solicitor [procurador judicial] who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity, or who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his 1st client. [Art. 209, RPC]. Betterment. Improvement. See Mejora. Betting. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest. [Sec. 1, PD 483]. Betting in sports contests. Crim. Law. The felony committed by any person who shall bet money or any object or article of value or representative of value upon the result of any boxing or other sports contests. [Art. 197, RPC]. Bettor. 1. Mananaya, Tayador or variants thereof. Any person who places bets for himself/herself or in behalf of another person, or any person, other than the personnel or staff of any illegal numbers game operation. [Sec. 2, RA 9287]. 2. A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon

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the result of the cockfight as announced by the referee or sentenciador. He may be the owner of fighting cock. [Sec. 4, PD 449]. Beverage. A liquor or liquid for drinking. [Cagayan Valley Ent., Inc. v. CA, GR 78413. Nov. 8, 1989]. Beyond cavil. Cannot be doubted or argued about. Beyond economical repair. The condition of the supplies when the cost of repairing becomes prohibitive and disadvantageous to the govt. or when the cost to repair an item is over 60% of the acquisition cost. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Beyond reasonable doubt. The standard in a criminal case requiring that the court be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person. Bias or Partiality. A predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. [Malabed v. Asis, AM RTJ-07-2031, Aug. 4, 2009]. Bicam. Short for Bicameral conference committee. Bicameral. Composed of 2 houses of Congress. Bicameral conference committee. A joint committee of a bicameral legislature which is appointed by, and consists of, members of both chambers to resolve disagreements on a particular bill. See Conference committee. Bid. Signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the bidding documents. [Sec. 5, RA 9184]. Bid bond. Also Proposal bond. An indispensable requirement for the validation of a bid proposal. The bond insures good faith of the bidders and binds them to enter into a contract with the Govt. should their proposal be accepted. [Padilla v. Zaldivar, L-22789, Oct. 30, 1964, 12 SCRA 260]. Bidder. Someone who makes an offer in a bidding. Bidder's bond. A bond in cash, certified or cashier's check or surety required of bidders before they can participate in any competitive bidding, to guarantee in good faith the submission of their tenders and acceptance of all the terms and conditions thereof. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Bidding. Making an offer or an invitation to prospective contractors whereby the government manifests its intention to invite proposals for the purchase of supplies, materials and equipment for official business or public use, or for public works or repair. [J.G. Summit Holdings, Inc. v. CA, GR 124293, 24 Sept. 2003]. Bidding documents. Documents issued by the procuring entity as the basis for bids, furnishing all information necessary for a prospective bidder to prepare a bid for the goods, infrastructure pro-

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jects, and consulting services to be provided. [Sec. 5, RA 9184]. Bienes futuros. Sp. Future property. [Blas v. Santos, GR L-14070. Mar. 29, 1961]. Bigamous. Of illegal marriage to a 2nd person while legally married to a 1st. Bigamous marriage. A marriage contracted by any person during the subsistence of a previous marriage and is, therefore, null and void. [Art. 41, FC]. Bigamy. 1. The contracting of a 2nd or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been alleged declared presumptively dead by means of a judgment rendered in the proper proceeding. [Art. 349, RPC]. 2. An illegal marriage committed by contracting a 2nd or subsequent marriage before the 1st marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. Bigamy carries with it the imposable penalty of prision mayor. Being punishable by an afflictive penalty, this crime prescribes in 15 years. The 15-year prescriptive period commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents. [Sermonia v. CA, GR 109454. June 14, 1994]. Bigamy. Crim. Law. Elements: 1. That the offender has been legally married; 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead acc. to the Civil Code; 3. That he contracts a 2nd or subsequent marriage; and 4. That the 2nd or subsequent marriage has all the essential requisites for validity. [Tenebro v. CA, GR 150758, 18 Feb. 2004, 423 SCRA, 272, 279]. Bilas. Tag. 1. The husband of [ones] wife's sister. [People v. Ventura, GR L32716. Dec. 1, 1977]. 2. Co-brother-inlaw. [People v. Malillos, GR L-26568. July 29, 1968]. 3. Tag. A brother-in-laws wife or sister-in-laws husband. [CSCs Guidelines on the use of the rev. SALN form]. Compare with Bayaw and Hipag. Bilateral. Having or formed of 2 sides; two-sided. Bilateral contract. A contract involving mutual promises each party is both promisor and promisee. See Synallagmatic contract. Bilateral treaty. Formal binding agreement bet. 2 states. Bill. A proposed law filed in Congress which becomes law only after it is considered, passed upon and approved by Congress and by the Pres. of the Phils. Bill in set. Nego. Inst. 1. A bill drawn in a set, each part of the set being numbered, and containing a reference to the other parts, the whole of the parts constitutes one bill. 2. A bill composed of several parts, each part is numbered and contains a reference to the other parts, all of which parts constitute one bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 377]. Bill increasing public debt. A bill filed in Congress proposing to authorize the govt. to borrow money, either by borrowing from external sources or by offering bonds for public subscriptions.

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Bill of attainder. A legislative act which inflicts punishment without trial. [People v. Ferrer, L-32613-14, Dec. 27, 1972]. Bill of exchange. 1. An unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. [Sec. 126, NIL]. 2. A negotiable instrument by which the drawer requires of the drawee to pay a designated sum of money to the payee or subsequent holder. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Compare with Promissory note. Bill of lading. 1. A written acknowledgment of the receipt of the goods and an agreement to transport and deliver them at a specified place to a person named or on his order. [Suggested Answer for the 1998 Bar, UPLC, (2002), p. 42]. 2. Such instrument may be called a shipping receipt, forwarder's receipt and receipt for transportation. [Saludo v. CA, GR 95536. Mar. 23, 1992]. 3. A written agreement bet. the shipper of the goods and a common carrier. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Bill of local application. A bill filed in Congress that is local in character like the creation of a new town, city or province. Bill of particulars. Rem. Law. 1. A definite statement which a party may move for before responding to a pleading concerning any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion must be filed within 10 days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein they are contained, and the details desired. [Sec. 1, Rule 12, RoC]. 2. A more definite statement, ordered by the court on motion of a party, the office of [which] is limited to making more particular or definite the ultimate facts in a pleading [that were] alleged too generally or not averred with sufficient definiteness or particularly [as] to enable an [adverse party] properly to prepare his responsive pleading or to prepare for trial. It is not its office to supply evidentiary matters. [Fortune Corp. v. CA, GR 108119. Jan. 19, 1994]. Bill of particulars. Rem. Law. Purposes: 1. To amplify or limit a pleading, specify more minutely and particularly a claim or defense set up and pleaded in general terms, give information, not contained in the pleading, to the opposite party and the court as to the precise nature, character, scope, and extent of the cause of action or defense relied on by the pleader, and apprise the opposite party of the case which he has to meet, to the end that the proof at the trial may be limited to the matters specified, and in order that surprise at, and needless preparation for, the trial may be avoided, and that the opposite party may be aided in framing his answering pleading and preparing for trial. 2. To define, clarify, particularize, and limit or circumscribe the issues in the case, to expedite the trial, and assist the court. [Virata v. Sandiganbayan, GR 106527. Apr. 6, 1993]. Bill of rights. Consti. Law. A formal and emphatic legislative assertion and declaration of popular rights and liberties. That portion of the Consti. guaranteeing

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the rights and privileges to the individual. Binder. A payment or written statement making an agreement legally binding until the completion of a formal contract, esp. an insurance contract. See Binding slip. Binding receipt. Ins. 1. A mere acknowledgment on behalf of the company that its branch office had received from the applicant the insurance premium and had accepted the application subject to processing by the head office. 2. In life insurance a "binding slip" or "binding receipt" does not insure of itself. [De Lim v. Sun Life Assurance Co. of Canada, 41 Phil. 264]. Binding slip. Also Binder. A document given to the insured to bind the company in case a loss occurs pending action upon the application and the actual issuance of a policy. Such a slip issued by the duly authorized agent of an insurance company constitutes a temporary contract of insurance under which the company is liable for any loss occurring during the period covered by it. Bingeing. Legal Med. The rapid and quick consumption of large amounts of food while feeling a loss of control. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Bintol. Tag. Bamboo-and-net device used to catch talangka. [People v. Rejano, GR 105669-70. Oct. 18, 1994]. Bio-. A combining form meaning life. Bioavailability. The rate and extent to which the active ingredient or therapeutic ingredient is absorbed from a drug and becomes available at the site of drug action. [Sec. 9, RA 9711]. Bio-conversion to fuels. The various processes, natural or synthetic, by which a solid, liquid or gaseous fuel is produced by utilizing bio-mass feedstock, e.g. anaerobic fermentation of animal manure to yield bio-gas; combustion of firewood to yield heat, steam or power, fermentation of agricultural crops or by-products to yield substitute fuels such as alcohol. [Sec. 2, PD 1068]. Biodegradable. Capable of being decomposed by bacteria or other living organisms. Biodegradable wastes. Organic matter for compost or organic fertilizer for the organic cultivation, farming of food crops and includes discards segregated farm nonbiodegradable wastes coming from the kitchen or household [leftovers, vegetables and fruit peelings and trims, fish or fowl cleanings, seeds, bones, soft paper used as food wrap and the like], yard or garden [leaves, grasses, weeds and twigs], market [wilted, decayed or rotten vegetables and fruits, fish or fowl cleanings, bones] and farm wastes [grass clippings, dead or decayed plants, leaves, fruits, vegetables, branches, twigs and the like]. [Sec. 3, RA 10068]. Biodiesel. Fatty Acid Methyl Ester (FAME) or mono-alkyl ester delivered from vegetable oil, or animal fats and other biomass-derived oils that shall be technically proven and approved by the DOE for use in diesel engines, with quality specifications in accordance with the Phil. Natl. Standards (PNS). [Sec. 3, RA 9367]. Bioequivalence. The rate and extent of absorption to which the drugs do not show a significant difference from the

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rate and extent of the listed drug when administered at the same molar dose of the therapeutic ingredient under similar experimental conditions in either a single dose or multiple doses. Bioequivalence shall also refer to the absence of a signiticant difference on the rate and extent-to-which the active ingredient(s) of the sample and reference drug becomes available at the site of drug action when administered under the same molar dose and under similar conditions. [Sec. 9, RA 9711]. Bioethanol fuel. Ethanol (C2H30H) produce from feedback and other biomass. [Sec. 3, RA 9367]. Bioethanol fuels. The hydrous and anhydrous bioethanol suitably denatured for use as motor fuel with quality specifications in accordance with the PNS. [Sec. 3, RA 9367]. Biofuel. The bioethanol and biodiesel and other fuels made from biomass and primary used for motive, thermal power generation, with quality specifications in accordance with PNS. [Sec. 3, RA 9367]. Biofuels Act of 2006. RA 9367 entitled An Act to Direct the Use of Biofuels, Establishing for this Purpose the Biofuel Program, Appropriating Funds Therefor, and for Other Purposes enacted on Jan. 12, 2007. Bio-gas. A fuel gas consisting of 50-70% methane and the rest non-combustible gases produced by the anaerobic fermentation of organic waste. [Sec. 2, PD 1068]. Biologic products. Viruses, sera, toxins and analogous products used for the prevention or cure of human diseases. [Sec. 42, RA 5921]. Biomass or Bio-mass. Any organic matter, particularly cellulosic or lignocellulosic matter, which is available on a renewable or recurring basis, incl. trees, crops and associated residues, plant fiber, poultry litter and other animal wastes, industrial wastes and biodegradable component of solid waste. [Sec. 3, RA 9367]. 2. Organic matter, whether living or not. This would include, among others, trees, algae, animal and agricultural wastes and decaying plants in swamps. [Sec. 2, PD 1068]. Biomass energy systems. Energy systems which use biomass resources to produce heat, steam, mechanical power or electricity through either thermochemical, biochemical or physico-chemical processes, or through such other technologies which shall comply with prescribed environmental standards pursuant to RA 9513. [Sec. 4, RA 9513]. Biomass resources. Non-fossilized, biodegradable organic material originating from naturally occurring or cultured plants, animals and micro-organisms, incl. agricultural products, by-products and residues such as, but not limited to, biofuels except corn, soya beans and rice but incl. sugarcane and coconut, rice hulls, rice straws, coconut husks and shells, corn cobs, corn stovers, bagasse, biodegradable organic fractions of industrial and municipal wastes that can be used in bioconversion process and other processes, as well as gases and liquids recovered from the decomposition and/or extraction of nonfossilized and biodegradable organic materials. [Sec. 4, RA 9513].

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Biomedicine. That discipline of medical care advocating therapy with remedies that produce effects differing from those of the diseases treated. It is also called 'allopathy,' 'western medicine,' 'regular medicine,' 'conventional medicine,' 'mainstream medicine,' 'orthodox medicine,' or 'cosmopolitan medicine.' [Sec. 4, RA 8423]. Biometrics. The quantitative analysis that provides a positive identification of an individual such as voice, photograph, fingerprint, signature, iris and/or such other identifiable features. [Sec. 2, RA 10367]. Bioprospecting. The research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived there from solely for commercial purposes. [Sec. 5, RA 9147]. BIR. See Bureau of Internal Revenue. Bird. Any of various warm-blooded, egglaying, feathered vertebrates of the class Aves, having forelimbs modified to form wings. Bird flu. An infectious disease caused by strains of the Type A influenza viruses that ordinarily only infect birds. Bird sanctuary. Aviary; a building where birds are kept. See Game refuge. Birth. 1. The emergence and separation of offspring from the body of the mother. 2. A beginning or commencement. 3. [It] determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in [Art. 40 of the Civ. Code]. [Art. 40, CC]. Birth certificate. A historical record of the facts as they existed at the time of birth. [Silverio v. Rep., GR 174689; Oct. 22, 2007]. Bitten. An act by which a dog seizes, cuts or grips with its teeth so that the skin of a person has been wounded, pierced or scratched. [Sec. 3, RA 9482]. Black Hand. A lawless secret society whose members engage in extortion, terrorism, and other crimes. [People v. Aquino, GR L-23908. Oct. 29, 1966]. Black letter law. The technical legal rules to be applied in a particular area, which are most often largely well-established and no longer subject to reasonable dispute. See Hornbook law. Blackhander. A person belonging to or associated with Black Hand, a lawless secret society whose members engage in extortion, terrorism, and other crimes. [People v. Aquino, GR L-23908. Oct. 29, 1966]. Blackmail. A crime of extortion committed by any person who threatens another to publish a libel concerning him or his parents, spouse, child, or other members of his family, or who offers to prevent the publication of such libel for a monetary consideration. [Art. 356, RPC]. Black market or Underground economy. The market in which illegal goods are traded. Blackmarketing of foreign exchange. The crime committed by any person who shall engage in the trading or purchase and sale of foreign currency in violation of existing laws or rules and regulations of the Central Bank. [Sec. 1, PD

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1883]. See Salting of foreign exchange. Blameless. Innocent of wrongdoing. Blameless ignorance doctrine. The doctrine incorporated in Sec. 2 of Act 3326 under which, the statute of limitations runs only upon discovery of the fact of the invasion of a right which will support a cause of action. In other words, the courts would decline to apply the statute of limitations where the plaintiff does not know or has no reasonable means of knowing the existence of a cause of action. [Presl. Ad Hoc Fact- Finding Committee on Behest Loans v. Desierto, GR 135715, Apr. 13, 2011]. Blank. A space left to be filled in a document. Blank check or cheque. 1. A bank check with the amount left for the payee to fill in. 2. Unlimited freedom of action. Blank indorsement. An endorsement on commercial paper naming no payee and so payable to the bearer. See Indorsement in blank. Blanket. Covering all cases or instances; total and inclusive. Blanket authority. Direct authority to act without having to gain approval for each action. Blanket clause or Dragnet clause. A clause in a mortgage contract which is specifically phrased to include all debts of past or future origins. Such a clause enables the parties to provide continuous dealings, the nature or extent of which may not be known or anticipated at the time, thus avoiding the expenses and inconvenience of executing a new security on each new transaction. However, such a clause will not be extended to cover future advances if the lender gives and the borrower accepts other securities for the subsequent loans. [Prudential Bank v. Alviar, 464 SCRA 353]. Blanket mortgage clause. [A clause in a mortgage contract] which makes available future loans without need of executing another set of security documents, has long been recognized in our jurisprudence. It is meant to save time, loan closing charges, additional legal services, recording fees, and other costs. [It] is designed to lower the cost of loans to borrowers, at the same time making the business of lending more profitable to banks. [Lim Julian v. Lutero, 49 Phil. 703 (1926); Tad-Y v. PNB, 120 Phil. 806 (1964)]. Blasting agent. Any material or mixture consisting of a fuel and oxidizer used to set off explosives. [Sec. 3, RA 9514; Sec. 3, PD 1185]. Blight. An extremely adverse environmental condition, Blighted. Affected by blight; anything that mars or prevents growth or prosperity; Blighted lands. The areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area. [Sec. 3, RA 7279]. Block. A parcel of land bounded on the sides by streets or alleys or pathways or other natural or manmade features, and occupied by or intended for buildings. [Sec. 3, BP 220].

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Block. Also Meridional block. An area bounded by minute of latitude and minute of longitude, containing approximately 81 hectares. [Sec. 3, RA 7942]. Blockade. Intl. Law. A hostile operation by which the vessels and aircraft of one belligerent prevent all other vessels, incl. those of neutral states, from entering or leaving the ports or coasts of the other belligerent, the purpose being to shut off the place from international commerce and communication with other states. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 155]. Blockhead. A person deficient in understanding. [People v. Aquino, GR L23908. Oct. 29, 1966]. Blood. The fluid that circulates in the principal vascular system of human beings and other vertebrates, in humans consisting of plasma in which the red blood cells, white blood cells, and platelets are suspended. Blood bank or center. A laboratory or institution with the capability to recruit and screen blood donors, collect, process, store, transport and issue blood for transfusion and provide information and/or education on blood transfusion transmissible diseases. [Sec. 3, RA 7719]. Blood collection unit. An institution or facility duly authorized by the DOH to recruit and screen donors and collect blood. [Sec. 3, RA 7719]. Blood grouping test. The analysis of blood samples of the mother, the child, and the alleged father, [by which] it can be established conclusively that the man is not the father of the child. But [such test] cannot show that a man is the father of a particular child, but at least can show only a possibility that he is. [Jao v. CA, GR L-49162. July 28, 1987]. Blood or Blood product. Human blood, processed or unprocessed and includes blood components, its products and derivative. [Sec. 3, RA 7719]. Blood transfusion transmissible diseases. Diseases which may be transmitted as a result of blood transfusion, incl. AIDS, Hepatitis-B, Malaria and Syphilis. [Sec. 3, RA 7719]. Blue seal. A blue band used to seal a package of foreign-made, untaxed cigarettes. Blue Sunday Law. RA 946 entitled An Act to prohibit labor on Sunday, Christmas day, New Year's day, Holy Thursday and Good Friday enacted on June 20, 1953. [Expressly repealed by the Labor Code]. Blue-sky bargaining. In collective bargaining negotiations, the term means making exaggerated or unreasonable proposals. Blue-sky bargaining is indicative of violation of duty to bargain collectively. [Standard Chartered Bank Employees Union v. Confesor, GR 114974, June 16, 2004] Board. The board of directors or trustees of the [homeowners] association which has primary authority to manage the affairs of the association. [Sec. 3, RA 9904]. Board of Directors. 1. That body entrusted with the management of the affairs of the cooperative under its articles of cooperation and bylaws. [Sec. 1, RA 9520]. 2. [It] shall include the executive

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committee or the management of partnership or association. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Board of directors or trustees. The body politic and corporate which exercises the corporate powers of all corporations formed under the Corp. Code, conducts all business, and controls and holds all property of such corporations, the directors or trustees of which are elected from among the holders of stocks, or where there is no stock, from among the members of the corporation, and are to hold office for 1 year until their successors are elected and qualified. Board of Directors / Trustees or Board. The governing body that exercises the corporate powers of a GOCC. [Sec. 3, RA 10149]. Board of election inspectors (BEI). A Board in every precinct composed of 3 regular members who shall conduct the voting, counting and recording of votes in the polling place. [Sec. 2, RA 8436]. Board of Investments (BOI). 1. The agency created by RA 5186, known as the Investment Incentives Act. [Sec. 3, RA 6135]. 2. An attached agency of the DTI created under RA 5186, as amended. Boarder. One who pays a stipulated sum in return for regular meals or for meals and lodging. Boarding house. 1. A building where selected persons for fixed periods of time are supplied with, and charged for sleeping accommodations and meals. [Sec. 63, PD 856]. 2. Any house where boarders are accepted for compensation by the week or by the month, and where meals are served to boarders only. [Sec. 1, PD 426]. Compare with Lodging house. BoC. See Bureau of Customs. Body. 1. Rem. Law. The part of a pleading that sets forth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading. [Sec. 2, Rule 7, RoC]. 2. Stat. Con. It contains the subject matter of the statute. [Suarez, Stat. Con., (1993), p. 46]. Body of the decision or order. [That part of the decision or order which] merely contains the reasons or conclusions of the court ordering nothing. [PH Credit Corp. v. CA, 421 Phil. 821 (2001); Rosales v. CA, 405 Phil. 638 (2001)]. Compare with Fallo. Body-building. A job undertaken on a motor vehicle in order to replace its entire body with a new body. [Sec. 2, RA 6539]. BOI. See Board of Investments. Boiler room sales. A price manipulation scheme in securities trading by the use of high-pressure sales tactics to promote purchases as sales of certain stocks. Bolo. A long, heavy Phil. single-edged knife. Bona fide. Lat. In good faith or with good faith; without fraud or deceit; genuine. Bona fide bidder. A registered merchant licensed as manufacturer, producer, regular dealer or service establishment with reputable establishment for at least 3 months prior to the public bidding he

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intends to participate in. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Bona fide intention to cultivate. In Sec. 50 (a) of RA 1199, as amended, [the term] has reference not only to the liability and firm decision of the landowner to mechanize but also to the motive behind his action in seeking the dispossession of his tenants. The "bona fide" requirement necessarily authorizes judicial inquiry into the landowner's motives in deciding to mechanize his operations. [De Santos v. Acosta, GR L-17564. Jan. 31, 1962]. Bona fide occupant. One who supposes he has a good title and knows of no adverse claim; one who not only honestly supposes himself to be vested with true title but is ignorant that the title is contested by any other person claiming a superior right to it. [Bernardo v. Bernardo, GR L-5872. Nov. 29, 1954]. Bona fide purchaser for value. As used in sales or ordinary contracts, any person who acquires property or negotiable instruments in good faith and for valuable consideration. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Bond. 1. A written obligation or undertaking that is sufficiently secured. [Evangelista v. CA, GR 41229. Jan. 13, 1992]. 2. A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property. Bonded warehouse. A facility at a port of entry where shippers can store goods until they clear customs. Bonds. Certificates of debt issued by a company [or government] guaranteeing payment of an original investment plus interest at a specified future date. Bondsman. A surety offered in virtue of a provision of law or of a judicial order who shall have the qualifications prescribed in Art. 2056 of the Civ. Code and in special laws. [Art. 2082, CC]. Bonus. 1. A gratuity or act of liberality of the giver. It is something given in addition to what is ordinarily received by or strictly due the recipient. [It] is granted and paid to an employee for his industry and loyalty which contributed to the success of the employers business and made possible the realization of profits. [Protacio v. Laya Mananghaya and Co., GR 168654, 25 Mar. 2009]. 2. An amount granted and paid to an employee for his industry and loyalty which contributed to the success of the employer's business and made possible the realization of profits. It is something given in addition to what is ordinarily received by or strictly due to the recipient. [Traders Royal Bank v. NLRC, 189 SCRA 274 (1990) and Luzon Stevedoring v. CIR, 15 SCRA 660 (1965)]. Bonus judex secundum aequum at bonum judicat stricto juri praefert. Lat. A good decides acc. to justice ands right and prefers equity to strict law. [Pangan v. CA, GR L-39299. Oct. 18, 1988]. Bonus judex secundum sequum. Lat. Deciding acc. to justice rather than rigid law. Bonus pater familias. Lat. Good father of the family. Bonus shares. Corp. Law. Those issued gratuitously. They are Watered shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 250].

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Boodle. 1. Money, esp. that gained or spent illegally or improperly. 2. A great quantity, esp. of money. Boodle fight. A military style of eating where long tables are prepared and food are on top of the banana leaves. Viands and rice ready to eat using bare hands, jugs of water are prepared on the side to wash hands before the "eating combat". With the signal to start the boodle fight, everyone aims for his/her position. Boodle money. Money, esp. counterfeit money; money accepted as a bribe. [Used in People v. Babanggol, GR 181422, Sept. 15, 2010]. Book Publishing Industry Development Act. RA 8047 entitled An Act providing for the development of the book publishing industry through the formulation and implementation of a national book policy and a national book development plan enacted on June 7, 1995. Bookie. A person, who without any license therefor, operates outside the compounds of racing clubs and accepts bets from the public. They pay dividends to winners minus a commission, which is usu. 10%. [Lim v. Pacquing, GR 115044. Jan. 27, 1995]. Booking. The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest. Booking sheet. A record of arrest and a statement on how the arrest is made. It is simply a police report, and it has no probative value as an extrajudicial statement of the person being detained. The signing by the accused of the booking sheet and arrest report is not a part of the custodial investigation which would otherwise require the presence of counsel to ensure the protection of the accused's constitutional rights. [People v. Manzano, GR 86555. Nov. 16, 1993]. Bookkeeper. Someone who records the transactions of a business. Bookkeeping. The art or practice of keeping a systematic record of business transactions, so as to show their relations to each other, and the state of the business in which they occur. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 32]. Bore. Any well, hole, pipe, or excavation of any kind which is bored, drilled, sunk or made in the ground for the purpose of investigating, prospecting, obtaining, or producing geothermal energy, natural gas and methane gas, or which taps or is likely to tap geothermal energy, natural gas and methane gas and includes any hole in the ground which taps geothermal energy, natural gas and methane gas. [Sec. 2, RA 5092]. Born. 1. Existing as a result of birth. 2. The [fact that the fetus] is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb. [Art. 41, CC]. Born out of wedlock. Born of parents who were not married at the time of birth.

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Borrow. To take and use money from a person or bank under an agreement to pay it back later: Borrower. A natural or juridical person, incl. any LGU, its subsidiaries and affiliates, that applies for and/or avails of a credit facility. [Sec. 3, RA 9510]. Borrowing. The action of taking and using money from a bank under an agreement to pay it back later. Borrowing power of the President. The power of the Pres. to contract or guarantee foreign loans on behalf of the Rep. of the Phils., with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. [Sec. 20, Art. VII, 1987 Consti.]. Borrowing statute. Conf. of Laws. 1. A statute [which] has the practical effect of treating the foreign statute of limitation as one of substance. [Agpalo, Conflict of Laws, p. 6]. 2. A statute which directs the state of the forum to apply the foreign statute of limitations to the pending claims based on a foreign law. Bosun. [One who] manages actual deck work schedules and assignments directed by the Chief Officer and emergency duties as indicated in the Station Bill. He attends to maintenance and upkeep of all deck equipment, cargo, riggings, safety equipment and helps in maintaining discipline of the deck hands. He assists in ships emergency drills and in any event of emergency and performs other duties and responsibilities as instructed or as necessary. [Oriental Shipmanagement Co., Inc. v. Bastol, GR 186289. June 29, 2010]. BOT. See Build - Operate - and Transfer. BOT Scheme. An acronym which stands for build - operate - and - transfer scheme, it refers to a contractual arrangement with the government whereby the contractor undertakes the construction, incl. financing, of a given infrastructure facility, and the operation and maintenance thereof. It admits of variations, the most common of which is simply a build - and - transfer arrangement. [Sec. 2, RA 6957]. Botcha. Illegally slaughtered meat; hot meat. Bottle-feeding. The method of feeding an infant using a bottle with artificial nipples, the contents of which can be any type of fluid. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Bottomry. A system of merchant insurance in which a ship is used as security against a loan to finance a voyage, the lender losing the investment. Bottomry loan. A contract in the nature of a mortgage, by which the owner of a ship borrows money for the use, equipment or repair of the vessel, and for a definite term and pledges the ship as a security of its repayment, with maritime or extraordinary interest on account of the maritime risks to be borne by the lender, it being stipulated that if the ship be lost in the course of the specific voyage, or during the limited time by any of the perils enumerated in the contract, the lender shall also lose his money. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 103].

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Boulwareism. Labor. A take-it-or-leaveit bargaining attitude of the management introduced by L. R. Boulware of Gen. Electric Co. (US). This type of bargaining is expressly prohibited under the law for the parties are required to bargain collectively and in good faith. [Poquiz, Labor Rel. Law, 1999 Ed. p. 179]. Bouncing check. A check that is dishonored for encashment by a drawee bank upon presentment for the reason that the drawer does not have sufficient funds to cover the amount of the check. [Sec. 1, BP 22). Bouncing Check Law. BP 22 entitled An Act penalizing the making or drawing and issuance of a check without sufficient funds or credit and for other purposes enacted on Apr. 3, 1979. Bouncing Check Law violation Elements: (a) The making, drawing and issuance of any check of apply to account or for value; (b) the knowledge of the maker, drawer or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and (c) subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment. [People v. Laggui, 171 SCRA 305]. Boundary. A line that marks the limits of an area; a dividing line. Boundary maps. Cartographic representation of the land surface showing among others, lines depicting the borders bet. different classifications of such land, the geographic and/or grid references, and the technical descriptions of such lines and related references. [Sec. 4, DENR AO 2008-24]. Boundary rivers. Intl. Law. Rivers which divide the territories of states, like the St. Lawrence River bet. the US and Canada. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61]. Boundary system. 1. The prevalent, persistent and accepted mode or contractual relationship bet. operators and drivers of public utilities providing land transportation services, particularly minibuses, jeepneys and taxis. [Whereas clause, LOI 853]. 2. An employeremployee relationship existing bet. a jeepney-owner and a driver [under which] the driver does not receive a fixed wage but gets only the excess of the amount of fares collected by him over the amount he pays to the jeepowner, and the gasoline consumed by the jeeps is for the account of the driver. [Magboo v. Bernardo, GR L-16790. Apr. 30, 1963]. Boycott. Any activity on the part of a labor organization whereby it is sought through concerted action, other than by reason of lawful competition, to obtain withdrawal of public patronage from one in business. [Burke v. Adams Dairy, 352 US 969]. Branch. Unit or part of a company. It is not separately incorporated. Branch and subdivision of the government. Admin. Law. Under Art IX (B) of the 1987 Consti. And Sec. 2 of the Rev. Admin. Code, the corporate entity through which the functions of the govt. are exercised, whether pertaining to the

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central govt. or to the provincial or municipal branches or other forms of local govt. Brand name. The proprietary name given by the manufacturer to distinguish its product from those of competitors. [Sec. 3, RA 6675]. Braza. Sp. 1. About 2 yards. [US v. Ramos, GR 10832. Dec. 11, 1916]. 2. Equal to 1.6718 meters. [People v. Panaligan, GR L-17603. Mar., 1922]. Breach. The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. Breach of blockade. Intl. Law. [This] occurs when a vessel, with the knowledge of the existence of the blockade, enters or leaves the blockaded port through the blockaded or forbidden approach. A mere attempt to violate the blockade is treated as a consummated blockade. Breach of contract. 1. The failure to do what one promised to do under a contract. Proving a breach of contract is a prerequisite of any suit for damages based on the contract. 2. An unjustified failure to perform when performance is due. Breach of faith. Violation of the reciprocity bet. the parties to an agreement. [Raquel-Santos v. CA, GR 174986, July 7, 2009]. Breach of promise to marry. Generally, a breach of promise to marry per se is not actionable, except where the plaintiff has actually incurred expenses for the wedding and the necessary incidents thereof. The award of moral damages is allowed in cases specified in or analogous to those provided in Art. 2219 of the Civ. Code and under Art. 21 of said Code, in relation to par. 10 of said Art. 2219. [Buag v. CA, GR 101749. July 10, 1992]. Breach of trust. 1. Comm. Law. Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. 2. Labor. The violation by the employee of the trust and confidence reposed in him by his employer or duly authorized representative. Breakthrough Results. The achievement of corporate goals or other performance indicators as determined by the GOCC or its supervising department. [Sec. 3, RA 10149]. Breast. Either of the 2 soft, protruding organs on the upper front of a woman's body that secrete milk after pregnancy. Breastfeed. To feed [a baby] mother's milk from the breast; suckle. Breastfeeding. The method of feeding an infant directly from the human breast. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Breastmilk. The human milk from a mother. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Breastmilk substitute. Any food being marketed or otherwise represented as a partial or total replacement for breastmilk, whether or not suitable for that purpose. [Sec. 3, RA 10028; Sec.4, EO 51, Oct. 20, 1986]. Breath analyzer. The equipment which can determine the blood alcohol concentration level of a person through testing of his breath. [Sec. 3, RA 10586].

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Brevi manu, Traditio. See Traditio brevi manu. Brief. Rem. Law. 1. The word is derived from the Latin word brevis and literally means a short or condensed statement. It is the vehicle of counsel to convey to the court the essential facts of his client's case, a statement of the questions of law involved, the law he should have applied, and the application he desires made of it by the court. [Casilan v. Chavez, GR L-17334. Feb. 28, 1962]. 2. A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a Memorandum of law. Brief. Rem. Law. Purpose: To present the court in coherent and concise form the point and questions in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. [Phil. Coconut Authority v. Corona Intl., Inc., 395 Phil. 742, 750 (2000)]. Brief substitution. Succ. 1. The substitution of 2 or more persons for one heir. 2. Kind of substitution where 2 or more persons are designated by the testator to substitute for only one heir. [Art. 860, CC]. Brigand. A member in a gang of robbers comprising more than 3 armed persons who conspire to commit robbery in the highway, kidnapping for ransom, or for other purpose to be attained by means of force and violence. [Art. 306, RPC]. Brigandage. Essential elements: (a) that there are at least 4 persons in the gang; (b) that each and everyone of them is armed; and (c) that the purpose for which the offenders have grouped together is to commit robbery in the highway or to kidnap persons for extortion or ransom or for any other purpose to be attained by force or violence. See Highway robbery. Brigands. Also Highway robbers. More than 3 armed persons who form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence. [Art. 306, RPC]. Broadcast. To make public, by any means, a visual image with the intent that it be viewed by a person or persons. [Sec. 3, RA 9995]. Broadcasting. The transmission by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is also Broadcasting where the means for decrypting are provided to the public by the broadcasting organization or with its consent. [Sec. 202, RA 8293]. Broadcasting organization. A natural person or a juridical entity duly authorized to engage in broadcasting. [Sec. 202, RA 8293]. Broker. 1. A person engaged in the business of buying and selling securities for the account of others. [Sec. 3, RA 8799]. 2. One who is engaged, for others, on a commission, negotiating contracts relative to property with the custody of which he has no concern; the negotiator bet. other parties, never acting in his own name, but in the name of those who employed him; he is strictly a

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middleman and for some purposes the agent of both parties. [Kuenzle & Streiff v. Comm. of Int. Rev., GR L-17648, Oct. 31, 1964]. Brokerage. The business of a broker who charges a fee to arrange a contract bet. 2 parties. Bronchogenic carcinoma. 1. Cancer of the lungs. [Jimenez v. ECC, GR L58176. Mar. 23, 1984]. 2. The commonest primary malignant tumor of the lung and it is rapidly fatal if untreated. It is predominantly a disease of the male sex, about 90% of all tumors occurring in men. In this sex, it is the commonest cause of death from cancer. [Latagan v. ECC. GR 55741. Sep. 11, 1992]. Browse. 1. To look for information on the Internet. 2. To read websites casually on the Internet. Browser. Computer software program for accessing and viewing the World Wide Web. Bruha. Tag. A vernacular word meaning witch. Brushland. Degraded or untimbered areas dominated by a discontinuous cover of shrubby vegetation. BSP. See Bangko Sentral ng Pilipinas. BSP Monetary Board. See Monetary Board. Buang. Vis. 1. Foolish or stupid. [Montecillo v. Gica, GR L-36800. Oct. 21, 1974]. 2. Insane. [People v. Havana. GR 68033. July 31, 1991]. Buangon. Vis. Mentally defective. [People v. Canillo, GR 106579. Aug. 30, 1994]. Bucor. See Bureau of Corrections. Budget. A financial plan required to be prepared pursuant to Sec. 16 (1), Art. VIII of the Consti., reflective of national objectives, strategies and programs. [Sec. 2, Chap. 1, Book VI, EO 292]. Budget accountability. The 4th phase [in the govt. budgeting process which] refers to the evaluation of actual performance and initially approved work targets, obligations incurred, personnel hired and work accomplished are compared with the targets set at the time the agency budgets were approved. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Budget document. The instruments used by the budget-making authority to present a comprehensive financial program to the appropriating body. [Sec. 14, PD 477]. Budget execution. Tasked on the Executive, the 3rd phase of the budget process [which] covers the various operational aspects of budgeting. The establishment of obligation authority ceilings, the evaluation of work and financial plans for individual activities, the continuing review of govt. fiscal position, the regulation of funds releases, the implementation of cash payment schedules, and other related activities comprise this phase of the budget cycle. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Budget preparation. The 1st step [in the govt. budgeting process which] is essentially tasked upon the Exec. Branch and covers the estimation of govt. revenues, the determination of budgetary priorities and activities within the con-

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straints imposed by available revenues and by borrowing limits, and the translation of desired priorities and activities into expenditure levels. [It] starts with the budget call issued by the DBM. Each agency is required to submit agency budget estimates in line with the requirements consistent with the general ceilings set by the Development Budget Coordinating Council (DBCC). [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Budgetary power of the President. The power of the Pres. to submit to the Congress within 30 days from the opening of the regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, incl. receipts from existing and proposed revenue measures. [Sec. 22, Art. VII, 1987 Consti.]. Budgeting process. Steps: The govt. budgeting process consists of 4 major phases: (a) budget preparation; (b) legislative authorization; (c) budget execution; and (d) budget accountability. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Buffer. 1. Something that lessens or absorbs the shock of an impact. 2. One that protects by intercepting or moderating adverse pressures or influences. Buffer fund. A contingent fund in the budget of the implementing agency which shall not be used in its normal or regular operations but only for purposes provided for in RA 7581. [Sec. 3, RA 7581]. Buffer zones. Identified areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Sec. 8 of RA 7586 that need special development control in order to avoid or minimize harm to the protected area. [Sec. 4, RA 7586]. Build - and - transfer. A contractual arrangement whereby the project proponent undertakes the financing and construction of a given infrastructure or development facility and after its completion turns it over to the govt. agency or LGU concerned, which shall pay the proponent on an agreed schedule its total investments expended on the project, plus a reasonable rate of return thereon. This arrangement may be employed in the construction of any infrastructure or development project, incl. critical facilities which, for security or strategic reasons, must be operated directly by the Government. [Sec. 2, RA 7718; Sec. 2, RA 6957]. Builder in bad faith. A builder who builds knowing that the land does not belong to him and he has no right to build thereon. Builder in good faith. One who is unaware of any flaw in his title to the land at the time he builds on it. [Bishop v. CA, GR 86787. May 8, 1992]. Building. A generic term for all architectural work with roof, built for the purpose of being used as a mans dwelling, or for offices, clubs, theaters, etc. A warehouse is not a building. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 107]. Building permit. A document issued by the Building Official x x x to an owner / applicant to proceed with the construction, installation, addition, alteration, renovation, conversion, repair, moving,

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demolition or other work activity of a specific project / building / structure or portions thereof after the accompanying principal plans, specifications and other pertinent documents with the duly notarized application are found satisfactory and substantially conforming with the Natl. Building Code of the Phils. x x x and its IRR. [Rule I, Sec. 106, 2004 Rev. IRR of the Natl. Building Code of the Phils. (PD 1096)]. Building permit fees. The basic permit fee and other charges imposed under the Natl. Building Code. Exempted from the payment thereof are: (1) public buildings and (2) traditional indigenous family dwellings. [Sec. 209, PD 1096.]. Build - lease - and - transfer. A contractual arrangement whereby a project proponent is authorized to finance and construct an infrastructure or development facility and upon its completion turns it over to the govt. agency or LGU concerned on a lease arrangement for a fixed period after which ownership of the facility is automatically transferred to the govt. agency or LGU concerned. [Sec. 2, RA 7718]. Build - Operate - and - Transfer Law. RA 6957 entitled An Act authorizing the financing, construction, operation and maintenance of infrastructure projects by the private sector, and for the other purposes enacted on July 9, 1990. Build - operate - and - transfer. A contractual arrangement whereby the project proponent undertakes the construction, incl. financing, of a given infrastructure facility, and the operation and maintenance thereof. The project proponent operates the facility over the fixed term during which it is allowed to charge facility users appropriate tools, fees, rentals, and charges not exceeding those proposed in its bid or as negotiated and incorporated in the contract to enable the project proponent to recover its investment, and operating and maintenance expenses in the project. The project proponent transfers the facility to the govt. agency or LGU concerned at the end of the fixed term which shall not exceed 50 years: Provided, That in case of an infrastructure or development facility whose operation requires a public utility franchise, the proponent must be Filipino or, if a corporation, must be duly registered with the SEC and owned up to at least 60% by Filipinos. [Sec. 2, RA 7718; Sec. 2, RA 6957]. Build - own - and - operate. A contractual arrangement whereby a project proponent is authorized to finance, construct, own, operate and maintain an infrastructure or development facility from which the proponent is allowed to recover its total investment, operating and maintenance costs plus a reasonable return thereon by collecting tolls, fees, rentals or other charges from facility users. [Sec. 2, RA 7718]. Build - transfer - and - operate. A contractual arrangement whereby the public sector contracts out the building of an infrastructure facility to a private entity such that the contractor builds the facility on a turn-key basis, assuming cost overrun, delay, and specified performance risks. [Sec. 2, RA 7718]. Bulimia nervosa. Legal Med. A disorder characterized by repeated episodes of binge eating followed by purging [selfinduced vomiting or taking laxatives, diuretics, or both], rigorous dieting or ex-

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cessive exercising to counteract the effects of bingeing. [Olarte, Legal Med., 1st Ed. (2004), p. 139]. Compare with Anorexia nervosa. Bulk buying. In realty law, it refers to purchase by a person, natural or juridical, of more than one saleable lot or unit within an HLURB-approved subdivision for the purpose of reselling the same with or without introducing alteration on the approved plan. [Sec. 1, HLURB AO 09, S. 1994, pursuant to PD 957]. Bulk sale. Also Sale in bulk. 1. A sale is considered to be in bulk: (a) when the sale, transfer or disposition is other than in the ordinary course; (b) when the sale is of all or substantially all of the business; and (c) when the sale is of all or substantially all of the fixtures and equipment. [Suggested answer to Bar 1947; 1958]. 2. The acquisition of all or a greater part of stock and fixtures of a business in a manner other than in the ordinary course of its business. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Bulk Sales Law. Act 3952, as amended by RA 111, which regulates the sale, transfer, mortgage or assignment of goods, wares, merchandise, provisions or materials, in bulk. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 18]. Bulkhead. Structure serving to divide land and water areas. [Sec. 4 (g), RA 7621]. Bulkhead line. The limiting line beyond which no bulkheads or solid fill may be extended. [Sec. 3, RA 4663]. Bum. Of poor quality; bad or wrong. Bum check. A worthless check or a check that is dishonored upon its presentment for payment. [People v. Laggui, GR 76262-63. Mar. 16, 1989]. Bump off. To deprive a passenger of a reserved seat because of overbooking. Bumping-off. Refusal to carry or transport a passenger. [Lufthansa German Airlines v. CA GR 83612. Nov. 24, 1994]. Bumubuwis. Tag. Lessee. Burden. A heavy load; a responsibility; onus. Burden of evidence. That logical necessity on a party during a particular time of the trial to create a prima facie case in his favor or to destroy that created against him by presenting evidence. [People v. Mirandilla, Jr., GR 186417, July 27, 2011]. Burden of proof. 1. A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed. 2. In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised bet. the parties in a lawsuit. The responsibility of proving a point [the burden of proof]. It deals with which side must establish a point or points. Bureau. Any principal subdivision or unit of any department. This shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices. [Sec. 2, Admin. Code of 1987].

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Bureau of Corrections (BuCor). An agency of the DOJ which is charged with the custody and rehabilitation of national offenders who have been sentenced to 3 years of imprisonment or more. Bureau of Corrections Act of 2013. RA 10575 entitled An Act Strengthening the Bu. of Corrections (BuCor) and Providing Funds Therefor enacted on May 24, 2013. Bureau of Customs (BOC). A bureau of the DOF specifically mandated to 1) assess and collect lawful revenues; 2) prevent smuggling and other frauds; 3) control vessels and aircrafts engaged in foreign trade; 4) enforce tariff and customs laws; 5) control the handling of foreign mails for revenues and prevention purposes; 6) control import and export cargoes; and lastly, 6)it is given jurisdiction over forfeiture and seizure cases. Bureau of Internal Revenue (BIR). An attached agency of the DOF which collects more than 1/2 of the total revenues of the Phil. govt. Burglar. Housebreaker; robber; cracksman; thief; picklock. Burglary. The act of illegal entry with the intent to steal. Burial. Interment of remains in a grave, tomb or the sea. [Sec. 89, PD 856]. Burial grounds. Cemetery, memorial park of any place duly authorized by law for permanent disposal of the dead. [Sec. 89, PD 856]. Burn. To consume with fire; to reduce to ashes by the action of heat or fire. Burn down. To burn completely; be consumed or destroyed by fire. Burning one's own property as means to commit arson. Crim. Law. The felony committed by any person guilty of arson or causing great destruction of the property belonging to another, even though he shall have set fire to or destroyed his own property for the purposes of committing the crime. [Art. 325, RPC]. Bus. A motor vehicle of any configuration with gross vehicle weight of 4.0 tons or more with any number of wheels and axles, which is generally accepted and specially designed for mass or public transportation. [RA 9224]. Business. Trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit. [Sec. 131, RA 7160]. Business agent. Also Agente de negocios. All persons who act as agent of others in the transaction of business with any public officer, as well as those who conduct collecting, advertising, employment, or private detective agencies. [Sec. 1, PD 426]. Business enterprise. Industrial, agricultural, or agro-industrial establishments engaged in the production manufacturing, processing, repacking, or assembly of goods, incl. service-oriented enterprises, duly certified as such by appropriate govt. agencies. [Sec. 4, RA 6971]. Business goodwill. The advantage acquired by any product or services because of general encouragement and patronage of the public. This is generated when the client-public regard favora-

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bly the product or services turned out by the business concern. See also Company goodwill and Goodwill. Business income. The earnings or profits made by companies. Business interests. The other sources of income or existing interest in any business enterprise or entity, aside from his/her income from government, including those of his/her spouse and unmarried children below 18 living in his/her household. [CSCs Guidelines on the use of the rev. SALN form]. Business Name Law. Act 3883 entitled An Act to regulate the use in business transactions of names other than true names, prescribing the duties of the Director of the Bu. of Commerce and Industry in its enforcement, providing penalties for violation thereof, and for other purposes enacted on Nov. 14, 1931. Business tax. A tax imposed by the municipality on business, under Art. 143 of RA 7160 or the Local Govt. Code of 1991. Butterfly. Butterfly-shaped pyrotechnic device designed to lift above ground while providing light. [Sec. 2. A. (10), RA 7183]. Buwisan. Tag. Tract of land [esp. rice land] leased under a cropsharer. [Magno-Adamos v. Bagasao, GR L-63671. June 28, 1988]. Buy. To obtain in exchange for payment. Buy and purchase. Any contract to buy, purchase, or otherwise acquire for a valuable consideration a subdivision lot, incl. the building and other improvements, if any, in a subdivision project or a condominium unit in a condominium project. [Sec. 2, PD 957]. Buy and sell. The transaction whereby one purchases used secondhand articles for the purpose of resale to 3rd persons. [IRR, Sec. 6, PD 1612]. Buy-and-bust operation. An undercover operation by narcotics detectives to catch unsuspecting drug dealers. Also Buy-bust operation. Buy-bust operation. 1. A form of entrapment employed by peace officers to catch a malefactor in flagrante delicto. 2. The employment of such ways and means for the purpose of trapping or capturing a law breaker. [People v. Yumang, GR 94977. May 17, 1993]. 3. A common and accepted mode of apprehending those involved in illegal sale of prohibited or regulated drugs. It has been proven to be an effective way of unveiling the identities of drug dealers and of luring them out of obscurity. [People v. Cabugatan, GR 172019, 12 Feb. 2007]. Buyer. Anyone who purchases anything for money. [Tejada v. Homestead Property Corp. GR 79622. Sep. 29, 1989]. Buyer in good faith and for value. See Purchaser in good faith and for value. By force, intimidation, threat, strategy or stealth. They include every situation or condition under which one person can wrongfully enter upon real property and exclude another, who has had prior possession 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

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sole purpose of stimulating bidding on the vendors 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 corporation for its internal govt. and for the regulation of conduct which prescribe the rights and duties of its stockholders or members towards itself and among themselves in reference to the management of its affairs. 2. Rules or laws adopted by an association or corporation to govern its actions. 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 processed form incl. stuffed animals and herbarium specimens. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Bystander. A person who is present at an event or incident but does not take part. Bystander rule. Labor. The rule that a certification election is the sole concern of the workers and the employer is regarded as nothing more than a bystander with no right to interfere at all in the election. The only exception here is where the employer has to file a petition for certification election pursuant to Art. 258 of the Labor Code because it is requested to bargain collectively. [Phil. Fruits and Vegetable Ind., Inc. v. Torres, GR 92391. July 3, 1992].

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-CC & F. See Cost and freight. C/MSWDO. City or Municipal Social Welfare and Devt. Officer. CA. Court of Appeals. CAAP. See Civil Aviation Authority of the Philippines. Cabaret or Dance hall. Any place or establishment where dance is permitted to the public in consideration of any admission, entrance, or any other fee paid on, before or after the dancing, and where professional hostesses or dancers are employed. [Sec. 1, PD 426]. Cable Internet Service. The transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system / network. [Sec. 3, RA 10515]. Cable Internet Service Provider. Any person, natural or juridical, public or private, which was issued a registration certificate as provided under existing laws, rules and regulations, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system / network and is actually providing Cable Internet Service to its subscribers. [Sec. 3, RA 10515]. Cable Internet System / Network. A facility engaged in the transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network. [Sec. 3, RA 10515].

Cable Television (CATV) Service. The transmission or delivery of video and audio signals and programming for a fee, through fiber optics, coaxial cable and other technological means. [Sec. 3, RA 10515]. Cable Television (CATV) Service Provider. .Any person, natural or juridical, public or private, which was granted a Certificate of Authority or Provisional Authority as provided under existing laws, rules and regulations, to install, operate and maintain a CATV System/Network and is actually providing Cable Television (CATV) Service to its subscribers. [Sec. 3, RA 10515]. Cable Television (CATV) System / Network. A facility engaged in the transmission or delivery of video and audio signals and programming for a fee, through fiber optics, coaxial cable and other technological means. [Sec. 3, RA 10515]. Cabo. 1. A person or group or persons or to a labor group which, in the guise of a labor organization, supplies workers to an employer, with or without any monetary or other consideration whether in the capacity of an agent of the employer or as an ostensible independent contractor. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A collector of bets from other collectors relative to the game of jueteng. 3. Labor contractor. Cadastral. Showing or incl. boundaries, property lines, etc. Cadastral proceeding. A land registration proceeding instituted by the govt. which does not assert ownership over the land but merely provokes the issue for the settlement and adjudication of power.

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Cadastral survey. A numerical survey to which the entire area of the municipality is subjected and which results in the preparation of complete survey returns and technical descriptions of individual lots necessary for registration purposes. [Dir. of Lands v. Sec. of ENR, GR 79684. Feb. 19, 1991]. Compare with Mapping projects. Cadastral system. The system of identifying and adjudicating disputes involving ownership or possession of lands in a given area or municipality for the purpose of quieting titles therein and their incorporation into the Torrens system. Cadastre. A public record, survey, or map of the value, extent, and ownership of land as a basis of taxation. Cadet. In maritime parlance, a trainee working to gain a merchant marine license [e.g., for 3rd mate]. Cadet room. A plain room in a ship to accommodate a cadet or trainee working for a merchant marine license, furnished with simple facilities. CADT. See Certificate of ancestral domain title. Caduciary. Passing by forfeiture, lapse, etc. Caduciary rights. Conf. of Laws. 1. The right of the state to claim through escheat proceedings the properties of decedents who are not survived by any heirs. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329]. 2. The claims of the sovereign or other public authority of a country in which the deceaseds property is situated to that property on failure of all persons entitled to claim under the appropriate law. [Ibid.]. Calendar. A list of cases scheduled for hearing in court. Calendar year. It shall cover the period from Jan. 1 to Dec. 31. [Sec. 1, EO 206, June 30, 1987]. Compare with Fiscal year. Calibrate. To correlate the readings of an instrument with those of a standard in order to check the instrument's accuracy. Calibrated preemptive response (CPR). A catchphrase pertaining to a courtnullified crowd dispersal enforcement policy which is characterized by a measured response by the military, police and other law enforcement authorities to break up an unlawful public assembly or rally depending on the extent of provocation or disorderly behavior demonstrated by its participants. [KMP v. Ermita, GR 169838, Apr. 25, 2006]. Calling-out power. The power of the Pres. under Sec. 18, Art. VII of the Consti. as the Commander-in-Chief of all armed forces of the Phils. and whenever it becomes necessary to call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. [Art. VII, Sec. 18, 1st par., 1st sent., 1987 Consti.]. Calvo clause. Intl. Law. A stipulation by virtue of which an alien waives or restricts his right to appeal to his own state in connection with any claim arising from a contract with a foreign state and limits himself to the remedies available under the laws of that state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 110]. Calvo Doctrine. Intl. Law. This was evolved by Dr. Carlos Calvo, a 19th cen-

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tury Argentinean diplomat, to the effect that a legitimate government shall not be held responsible for losses suffered as a result of insurrection or civil war unless it has failed to exercise due diligence in preventing or suppressing the revolution, [US v. El Salvador, Arbitral Tribunal, 1902 US Foreign Relations 876 (1902)] Camino vecinal. Sp. A municipal road [and] also property for public use. [Sps. Pilapil v. CA, GR 97619. Nov. 26, 1992]. Camisa de Chino. Sp. A Chinese collarless, long sleeve t-shirt over which Barong Tagalog is worn. Camison. Sp. Underwear. [People v. Gamao, GR L-19347. Feb. 27, 1968]. Camison de bao. Sp. A chemise. Campaign. A connected series of operations to bring about some desired result. [Gonzales v. Comelec, GR L-27833. Apr. 18, 1969]. Cancel. To annul or revoke a formal arrangement that is in effect. Cancellation. It includes the act of tearing, erasing, obliterating, or burning. It is not limited to writing the word cancelled, or paid, or drawing of crisscross lines across the instrument. It may be made by any other means by which the intention to cancel the instrument may be evident. Cancellation proceeding. The process leading to the revocation of the registration certificate of a labor organization after due process. [Sec. 1, Rule 1, Book 5, IRR of LC]. Cancelled check. A check that has cleared the depositor's account and has been marked as "canceled" by the bank. Cancelled plan. A plan that can no longer be reinstated by reason of delinquency in the payment of installments for more than 2 years or a longer period as provided in the contract, counted from the expiry of the grace period provided for in the plan or contract. [Sec. 4, RA 9829]. Cancer. Derived from the Latin word Cancer which means Crab; in the medical sense, it refers to a malignant, usu. fatal, tumor or growth. [Vda. De Laron v. WCC, GR L-43344. Sep. 29, 1976]. Candela. The base unit of luminous intensity which is the luminous intensity, in the perpendicular direction, of a surface of 1/600 000 square metre of a blackbody at the temperature of freezing platinum under a pressure of 101 325 newtons per square metre. [Sec. 4, BP 8]. Candidacy. Pol. Law. The state of being a candidate. Candidate. Pol. Law. A person who actually submits himself and is voted for at our election. [Santos v. Miranda, 35 Phil. 643, 648 (1916)]. Cannabis. Commonly known as Marijuana or Indian Hemp or by its any other name. The term embraces every kind, class, genus, or specie of the plant Cannabis sativa L. incl., but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and

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seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever. [Sec 3, RA 9165]. Cannery. A factory where food is canned. Canning. The preservation of meat in hermetically sealed containers. [Sec. 4, RA 9296]. Canon law. The law of the Christian Church. Has little or no legal effect today. Canon law refers to that body of law which has been set by the Christian Church and which, in virtually all places, is not binding upon citizens and has virtually no recognition in the judicial system. Also known as Ecclesiastical law. Canopy or Marquee. A permanent roofed structure above a door attached to and supported by the building and projecting over a wall or sidewalk. This includes any object or decoration attached thereto. [Sec. 1203, PD 1096]. Canvass. To examine votes officially for authenticity. Canvass proceedings. The consolidation of precinct election results for the Offices of the Pres. and Vice Pres. at the municipal, city, or district level; district election results at the municipal or city level; municipal or city election results at the provincial level; and provincial election results at the national level, specifically Congress, incl. the formal proclamation of the winners in the elections. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Canvass, Sealed. One wherein an offer is received by the authorized official in a sealed envelope or the like. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Capability. Power or ability. Capability building. The process of enhancing the viability and sustainability of micro finance institutions through activities that include training in micro finance technologies, upgrading of accounting and auditing systems, technical assistance for the installation or improvement of management information systems, monitoring of loans and other related activities. [Sec. 3, RA 8425]. Capable of pecuniary estimation. [Where the claim] is primarily for the recovery of a sum of money. [Raymundo v. CA, 213 SCRA 457 (1992)]. Compare with Incapable of pecuniary estimation. Capable of Use as Human Food. [The term] shall apply to any carcass or any part of a carcass, of any animal unless it is denatured or otherwise identified as required by regulations prescribed by the DA Sec. to deter its use as human food, or it is naturally inedible by humans. [Sec. 4, RA 9296]. Capacity. 1. Under the law, the ability of a person to take a recognized legal action. Also, it is the natural power or competency to perform an act, as capacity to contract, etc. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. 2. A legal qualification (e.g., age) that determines if one is capable, under the law, of entering into a legal relationship, for instance, entering into a binding contract. 3. A combination of all strengths and resources available within a community, society or organization that can reduce the level of risk, or effects of a disaster. Capacity may in-

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clude infrastructure and physical means, institutions, societal coping abilities, as well as human knowledge, skills and collective attributes such as social relationships, leadership and management. Capacity may also be described as capability. [Sec. 3, RA 10121]. Capacity to act. The power to do acts with legal effect. [Art. 37, CC]. Compare with Juridical capacity. Capacity to sue. The right or ability to bring suit, determined by age and mental status in general. See Legal capacity to sue. Capataz. Sp. Supervisor of the hacienda. CapEx. See Capital Expenditures. Capias ad satisfaciendum. Lat. That you take to satisfy. At common law, the writ through which money judgments arising from actions for the recovery of a debt or for damages from breach of a contract could be enforced against the person or body of the debtor. By means of this writ, a debtor could be seized and imprisoned at the instance of the creditor until he makes the satisfaction awarded. [Lozano v. Martinez, GR L63419. Dec. 18, 1986]. Capital. Corp. Law. 1. A fund or property existing at one distinct point in time while income denotes a flow of wealth during a definite period of time. [See Madrigal v. Rafferty, 38 Phil. 414, 418419 (1918).]. 2. In Sec. 11, Art. XII of the 1987 Consti., the term refers only to shares of stock entitled to vote in the election of directors x x x and not to the total outstanding capital stock [common and non-voting preferred shares]. [Gamboa v. Sec. Teves, GR 176579, June 28, 2011]. 3. It is used broadly to indicate the entire property or assets of the corporation. It includes the amount invested by the stockholders plus the undistributed earnings less losses and expenses. In the strict sense, the term refers to that portion of the net assets paid by the stockholders as consideration for the shares issued to them which is utilized for the prosecution of the business of the corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 54]. Compare with Capital stock and Legal capital. Capital asset. Property held by the taxpayer [whether or not connected with his trade or business], but does not include - a) stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year; or b) property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; or c) property used in the trade or business of a character which is subject to the allowance for depreciation provided in subsec. (F) of Sec. 34 of the NIRC; or d) real property used in trade or business of the taxpayer. Capital assets. Property held by the taxpayer [whether or not connected with his trade or business], but does not include stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business, or property used in the trade or business, of a character which is subject to the allowance for depreciation; or real

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property used in trade or business of the taxpayer. [Sec. 39, NIRC, as amended]. Capital expenditures (CapEx). Funds used by a company to acquire or upgrade physical assets such as property, industrial buildings or equipment. See Capital outlays. Capital gains. Increases in the value of capital or other long-term investments. Capital gains tax (CGT). A tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other disposition of capital assets located in the Phils., incl. pacto de retro sales and other forms of conditional sale. Capital investment. The capital which a person employs in any undertaking, or which he contributes to the capital of a partnership, corporation, or any other juridical entity or association in a particular taxing jurisdiction. [Sec. 131, RA 7160]. Capital offense. An offense which, under the law existing at the time of its commission, and at the time of the application to be admitted to bail, may be punished with death. [Sec. 4, Rule 114, RoC]. Capital outlays. Also Capital expenditures. 1. An appropriation for the purchase of goods and services, the benefits of which extend beyond the fiscal year and which add to the assets of the Government, incl. investments in the capital of GOCCs and their subsidiaries. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. The purchase of goods and services of a life-expectancy extending beyond the fiscal year and which add to the assets of the local govt. concerned, except furniture and normal govt. operations. [Sec. 14, PD 477]. Capital punishment. The most severe of all sentences: that of death. Also known as the Death penalty. Capital stock. Corp. Law. The amount fixed in the articles of incorporation to be subscribed and paid in or agreed to be paid in by the shareholders of a corporation in money, property, services, or other means, at the organization of the corporation or afterwards and upon which it is to conduct its business, such contributions being made either directly through stock subscription or indirectly through the declaration of stock dividends. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 52]. Compare with Capital. Capitalism. An economic system based on the private ownership of the means of production, with the goal of making a profit. Capitalist. A person who has capital esp. invested in business. See Financier. Capitalist partner. The partner who contributes money or property to the partnership. [Suarez, Intro. to Law, 1995, 3rd Ed., p. 120]. Compare with Industrial partner. Capitalization. 1. Paid-up capital, in the case of a corporation, and total invested capital, in the case of a partnership or single proprietorship. [IRR, RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. 2. That which represents the total amount of the various securities issued by a corporation. It may include bonds, debentures, preferred and common stock

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and surplus. [Luzon Polymers Corp. v. Clave, GR L-51009. June 10, 1992]. Capitation. A payment mechanism where a fixed rate, whether per person, family, household or group, is negotiated with a health care provider who shall be responsible in delivering or arranging for the delivery of health services required by the covered person under the conditions of a health care provider contract. [Sec. 1, RA 9241]. Capitation or Poll taxes. Taxes of a fixed amount upon all persons, or upon all the persons of a certain class, resident within a specified territory, without regard to their property or the occupations in which they may be engaged. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968]. Capitulation. Intl. Law. The surrender of military troops, forts or districts in accordance with the rules of military honor. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144]. Captain-of-the-ship doctrine. The doctrine under which a surgeon is likened to a captain of the ship in that it is his duty to control everything going on in the operating room. [Ramos v. CA, GR 124354, Apr. 11, 2002]. Caption. 1. The part of a pleading that sets forth the name of the court, the title of the action, and the docket number if assigned. [Sec. 1, Rule 7, RoC]. 2. Heading or introductory party of a pleading. Captive. Imprisoned or confined. Captive market. Electricity end-users who do not have the choice of a supplier of electricity, as may be determined by the Energy Regulatory Commission (ERC) in accordance with RA 9136. [Sec. 4, RA 9136]. Captive-breeding, culture or propagation. The process of producing individuals under controlled conditions or with human interventions. [Sec. 5, RA 9147]. Capture. With respect to an image, to videotape, photograph, film, record by any means, or broadcast. [Sec. 3, RA 9995]. CAR. See Certificate Authorizing Registration. Caram rule. Under the 1935 Consti., those born in the Phils. of foreign parent, who before the adoption of the Consti. had been elected to public office in the Phils., are considered Filipino citizens. Cardiac. Of or relating to the heart. Cardiac arrest. A sudden, sometimes temporary, cessation of function of the heart. Cardiac tamponade. Mechanical compression of the heart by large amounts of fluid or blood within the pericardial space that limits the normal range of motion and function of the heart. [People v. Tena, GR 100909. Oct. 21, 1992]. Care. The proper use and maintenance of supplies or property; the act of giving attention, interest and safety to supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Career. An occupation undertaken for a significant period of a person's life and with opportunities for progress.

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Career Executive Service (CES). The 3rd level or the managerial class in the group of career positions in the Phil. civil service. It was created by PD 1 to "form a continuing pool of well-selected and development-oriented career administrators who shall provide competent and faithful service." It is also a public personnel system program but separate from the program for the 1st 2 levels of positions in the Phil. civil service. Career Executive Service Board (CESB). The governing body of the CES. It is mandated to promulgate rules standards and procedures on the selection, classification, compensation and career development of members of the CES. Career Executive Service Officers (CESOs). [Persons] appointed to ranks and only assigned to CES positions. As such, they can be re-assigned or transferred from one CES position to another and from one office to another but not oftener than once every 2 years. Carcass. The body of any slaughtered animal after bleeding and dressing; [Sec. 4, RA 9296]. Cargo. 1. The entire lading of the ship which carries it and includes all goods, wares, merchandise, effects, and indeed everything of every kind or description, found on board, except such things as are used or intended for use in connection with the management or direction of the vessel, and are not intended for delivery at any port of call, and except also, perhaps, passengers or immigrants and their baggage. [US v. Steamship Rubi, GR 9235. Nov. 17, 1915]. 2. All goods, wares, and merchandise aboard ship which do not form part of the ship's stores. [US v. Steamship Islas Filipinas (28 Phil. 291)]. Cargo handling equipment. Any machinery, gear or equipment used by the ship operator or a duly authorized and licensed port operator to service or handle cargo, on board the vessel at the port or in the terminal or container yard such as, but not limited to cranes, forklifts, top lifts, stackers, tractor heads, containers, pallet boards and the like, incl. all spare parts, replacement parts, appurtenances accessories, articles, supplies and materials thereof. [Sec. 3, RA 9295]. Cargo sales agent. Any person who does not directly operate an aircraft for the purpose of engaging in air transportation or air commerce and not a bonafide employee of an air carrier, who, as principal or agent, sells or offers for sale any air transportation of cargo, or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts or arranges for, such air transportation of cargo. [Sec. 1, PD 1462]. Carinderia. 1. Any public eating place where foods already cooked are served at a price. [Sec. 1, PD 426]. 2. A modest cafeteria. [Dentech Mfg. Corp. v. NLRC, GR 81477. Apr. 19, 1989]. CARL. See Comprehensive Agrarian Reform Law. Carnal. Relating to physical, esp. sexual, needs and activities: Carnal access. Carnal knowledge; sexual intercourse. Carnal knowledge. The act of a man having sexual bodily connections with a

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woman; sexual intercourse. [People v. Alib, GR 100232. May 24, 1993]. Carnapping. The taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. [Sec. 2, RA 6539]. Carnapping. Elements: 1. That there is an actual taking of the vehicle; 2. That the offender intends to gain from the taking of the vehicle; 3. That the vehicle belongs to a person other than the offender himself; 4. That the taking is without the consent of the owner thereof; or that the taking was committed by means of violence against or intimidation of persons, or by using force upon things. [People v. Roxas, GR 172604, Aug. 17, 2010]. CARP. See Comprehensive Agrarian Reform Program. Carriage. A means of conveyance, in particular. Carriage of Goods by Sea Act (COGSA). US Public Act 521 which was made applicable to all contracts for the carriage of goods by sea to and from Phil. ports in foreign trade by CA 65, enacted on Oct. 22, 1936. [Sea-Land Service v. IAC, GR 75118. Aug. 31, 1987]. Carriage or Transportation contract. A contract whereby a person, natural or juridical, obligates to transport persons, goods, or both, from one place to another, by land, air or water, for a price or compensation. It is a relationship which is imbued with public interest. Carrier. Any sort or craft or other artificial contrivance used, capable of being used as means of transportation in land, water or air. [Sec. 2, PD 1433]. Carrying capacity. The capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation. [Sec. 3, RA 7942]. Carrying on business. [Pursuing] the occupation or employment as a livelihood or source of profit and it must be a series of acts rather than the doing of a single act pertaining to the particular business. Cartel. Intl. Law. 1. An agreement to regulate intercourse during war on such matters as postal and telegraphic communication, the reception of flags of truce, and the exchange of prisoners. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142]. 2. A combination of independent business firms organized to regulate the production, pricing and marketing of goods by its members. Cartel ship. Intl. Law. A vessel sailing under a safe conduct for the purpose of carrying prisoners of war. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142]. Cartel ships. The vessels used to carry out the cartel agreements, particularly those used for carrying prisoners of war to be exchanged for other prisoners of war. [Wilson, Handbook of Intl. Law, p. 413]. Cartelization. Any agreement, combination or concerted action by refiners, importers and/or dealers, or their representatives, to fix prices, restrict outputs

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or divide markets, either by products or by areas, or allocate markets, either by products or by areas, in restraint of trade or free competition, incl. any contractual stipulation which prescribes pricing levels and profit margins. [Sec. 11, RA 8479]. Cartographic sketch. Unlike a photograph, [it] is only intended to give the law enforcers a general idea of the likeness of a suspect and is never expected to exactly resemble his actual facial appearance. Even the description of the suspect given in the cartographic sketch may not be unerringly exact. [People v. Lee Hoi Ming, 459 Phil. 187, 194 (2003)]. Cartography. The art or technique of making maps or charts. Case. The claims of a litigant brought before the court for determination by such regular proceedings as are established by law or custom for the protection or enforcement of rights, or the prevention, redress or punishment of wrongs. Case Administration System. The system in which pleadings, letters, resolutions, decisions, entry of judgment, and all the relevant information regarding any particular case identified by a G.R. number or a UDK number shall be encoded. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Case at bar. The case being tried by the trial court in the exercise of its jurisdiction, i.e., the case that is currently the subject of a particular trial or judicial proceeding. Case at bench. The case being heard before an appellate court. Case law. 1. The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society. The word jurisprudence has become synonymous for case law. 2. Law established by previous decisions of appellate courts, particularly the Sup. Court. See Stare decisis. Case study report. A written report on the social case inquiry conducted by the social worker of the LGU or the DSWD or by the social worker designated by the court on the social, cultural, economic and legal status or condition of the child in conflict in the law. It shall include, among other matters, the child's development age; educational attainment; family and social relationships; the quality of the child's peer group; the strengths and weaknesses of the family; parental control; the child's attitude towards the offense ; the harm or damage done to others resulting from the offenses, if any; and the attitude of the parents towards the child's responsibility for the offense. The social worker shall also include an initial determination of the child's discernment in the commission of the offense. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Case-based Payment. Health Ins. Hospital payment method that reimburses to hospitals a predetermined fixed rate for each treated case or disease; also called per case payment. [Sec. 3, RA 10606] Casero. Sp. Housekeeper. [US v. Salaveria, GR 13678. Nov. 12, 1918].

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Cases. General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice. Cash. Money or its equivalent; usu. ready money. Currency and coins, negotiable checks, and balances in bank accounts. That which circulates as money. Cash accounting. An accounting method where receipts are recorded during the period they are received, and the expenses in the period in which they are actually paid. Cash dividend. That portion of profits and surplus paid to stockholders by a corporation in the form of cash. Compare with Stock dividend. Cash equivalent items. Instruments or investments that are highly liquid and marketable and are considered good as cash as determined in accordance with the rules and regulations prescribed by the SEC. [Sec. 3, RA 9856]. Cash on delivery (COD). A transaction that requires the buyer to pay for the merchandise in cash when it is delivered to him. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Cash price. Also Delivered price. In case of trade transaction, it is the amount of money which would constitute full payment upon delivery of the property (except money) or service purchased at the creditor's place of business. In the case of financial transactions, cash price represents the amount received by the debtor upon consummation of the credit transaction, net of finance charges collected at the time the credit is extended, if any. [Art. 4, RA 7394]. Cash sales invoice. An invoice issued in the ordinary course of business transactions such as the purchase of goods from stores. The original of the invoice constitutes in itself a receipt which is in the possession of the buyer if the goods are paid for. If not paid for, the original of the invoice is retained by the storeowner. Cashier. A person handling payments and receipts in a store, bank, or other business Cashiers check. A check drawn by the cashier of a bank, in the name of the bank against the bank itself payable to the order of a 3rd person. [Diaz, Bus. Law Rev., 1991 Ed., p. 380]. Cash-surrender value. The amount of money the company agrees to pay the policyholder if he surrenders it and releases his claim upon it. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 183]. Casing head petroleum spirit. Any liquid hydrocarbon obtained from natural gas by separation or by any chemical or physical process. [Sec. 3, PD 87]. Caso fortuito. Also Force majeure. Extraordinary events not foreseeable or avoidable, events that could not be foreseen, or which, though foreseen, are inevitable. It is, therefore, not enough that the event should not have been foreseen or anticipated, as is commonly believed, but it must be one impossible to foresee or to avoid. The mere difficulty to foresee the happening is not impossibility to foresee the same [Rep. v. Luzon Stevedoring Corp., 21 SCRA 279 (1967)].

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Cassus omissus. A misspelled Latin phrase. The correct phrase is 'casus omissus', which means 'a case left out'. Castigo. Sp. Manhandling. [People v. Padilla, GR 75508. June 10, 1994]. Castration. Neutering a male animal by removing the testicles. See Mutilation. Casual. Relaxed and unconcerned. Casual and fine dining restaurants. Restaurants where customers are seated first before their food orders are taken by waiters. They are served at their tables and pay only after they have consumed their meals. [Art. 5, IRR of RA 9994]. Casual condition. Civ. Law. 1. A condition which depends upon chance. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A condition the fulfillment of which depends exclusively upon chance and/or upon the will of a 3rd person. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 223]. Casual employee. A person who has been engaged to perform activities which are peripheral or incidental to the usual business or trade of the employer, except that is such service has lasted for at least one year, whether it is continuous or broken, he is to be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists. [Art. 280, LC]. Casual employees. Those employed for a short term duration to perform work not related to the main line of the business of the employer. [DOLE Policy Instructions 20, S. 1977)]. Casual employment. An employment where an employee is engaged to work on an activity that is not usu. necessary or desirable in the usual business or trade of the employer. [Poquiz, Labor Rel. Law, 1999 Ed. p. 26]. See Regular employment. Casualty. 1. An accident, esp. one involving serious injury or loss of life. 2. One injured or killed in an accident. Casualty or Accident insurance. Insurance covering loss or liability arising from accident or mishap, excluding certain types of loss which by law or custom are considered as falling exclusively within the scope of other types of insurance such as fire or marine. [Sec. 174, IC]. Casus omissus pro omisso habendus est. Lat. A case omitted is to be held as intentionally omitted. Stat. Con. If a person, object, or thing is omitted from being enumerated in a statute, it must be held or considered to have been omitted intentionally. [Maxim used in J. CarpioMorales, Dissenting Opinion, De Castro v. JBC, GR 191002, GR 191032, GR 191057, AM 10-2-5-SC, GR 191149, GR 191342. Mar. 17, 2010]. Catadromous. Migrating down rivers to the sea to spawn. Catadromous species. Freshwater fishes which migrate to marine areas to spawn. [Sec. 4, RA 8550]. Cataract. Opacity of the lens or capsule of the eye, causing impairment of vision or blindness. Cataract immature. 1. An opacity of the crystalline eye lens or of its capsule. [Aguja v. GSIS, GR 84846. Aug. 5,

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1991]. 2. Any cataract in the beginning stages, or one which affects only a part of the lens or its covering. [Ibid.]. Catch ceilings. The annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. [Sec. 4, RA 8550]. Cattle. Domesticated quadrupeds such as sheep, horses and swine, or to bovine animals such as cows, bulls and steers. [People v. Nazareno, GR L-40037. Apr. 30, 1976 Cattle and dairy industry. The raising of cattle and the acquisition of breeding and dairy animals, equipment, materials and machineries directly connected with the industry, incl. the manufacture and processing of meat and dairy products. [Sec. 2, RA 4095]. Cattle rustling. The taking away by any means, method or scheme, without the consent of the owner or raiser, of any of the above-mentioned animals whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of the owner or raiser. [Sec. 2, PD 533]. Causa liberalitatis. Lat. Liberal, generous, or gratuitous cause or consideration. Causal. 1. Of, relating to, or acting as a cause. 2. Expressing or indicating a cause Causal fraud. Also Dolo causante. 1. Those deceptions or misrepresentations of a serious character employed by one party and without which the other party would not have entered into the contract. [Art. 1338, CC]. 2. A deception employed by one party prior to or simultaneous to the contract in order to secure the consent of the other. [Samson v. CA, GR 108245. Nov. 25, 1994]. Causation. Lat. Causa: Reason. 1. The act or agency that produces an effect, result, or consequence. 2. Another element in medical negligence cases which is divided into 2 inquiries: whether the doctor's actions in fact caused the harm to the patient and whether these were the proximate cause of the patient's injury. [Garcia-Rueda v. Pascasio, GR 118141, Sept. 5, 1997]. Cause. 1. Civ. Law. The essential or more approximate reason for entering into a contract. [Diaz, Bus. Law Rev., 1991 Ed., p. 74]. 2. Verb. To be the cause or occasion of; to effect as an agent; to bring about; to bring into existence; to make to induce; to compel. [Pecho v. Sandiganbayan, GR 111399. Nov. 14, 1994]. Cause of a contract. 1. The essential reason which moves the contracting parties to enter into it [Tong Brothers Co v. IAC, GR 73918. Dec. 21, 1987]. 2. The immediate, direct and proximate reason which justifies the creation of an obligation thru the will of the contracting parties. [Tong Brothers Co. v. IAC, GR 73918. Dec. 21, 1987]. Cause of action. Rem. Law. 1. The act or omission by which a party violates a right of another. [Sec. 2, Rule 2, RoC]. 2. An act or omission of one party in vio-

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lation of the legal right or rights of another. [Dev. Bank of Rizal v. Sima Wei, GR 85419. Mar. 9, 1993]. Compare with Right of action. Cause of action. Rem. Law. Elements: (a) A right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (b) an obligation on the part of the named defendant to respect or not to violate such right; and (c) an act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff [Baliwag Transit v. Ople, 171 SCRA 250 (1989)]. Causing any undue injury to any party, incl. the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of [a public officers] official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. Essential elements: 1. The accused must be a public officer discharging administrative, judicial or official functions; 2. He must have acted with manifest partiality, evident bad faith or inexcusable negligence; and 3. That his action caused any undue injury to any party, incl. the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his functions. [Sec. 3(e), RA 3019; Cabrera v. Sandiganbayan, GR 162314, Oct. 25, 2004, 441 SCRA 377]. Causing any undue injury to any party, incl. the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of [a public officers] official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. Modes of committing: a) By causing any undue injury to any party, incl. the government; or b) by giving any private party any unwarranted benefit, advantage or preference. [Talaga, Jr. v. Sandiganbayan, GR 169888, Nov. 11, 2008]. Cave. Any naturally occurring void, cavity, recess or system of interconnected passages beneath the surface of the earth or within a cliff or ledge and which is large enough to permit an individual to enter, whether or not the entrance, located either in private or public land, is naturally formed or man made. It shall include any natural pit, sinkhole or other feature which is an extension of the entrance. The term also includes cave resources therein, but not any vug, mine tunnel, aqueduct or other manmade excavation. [Sec. 3, RA 9072]. Cave resources. Any material or substance occurring naturally in caves, such as animal life, plant life, incl. paleontological and archaeological deposits, cultural artifacts or products of human activities, sediments, minerals, speleogems and speleothems. [Sec. 3, RA 9072]. Caveat. Let him beware. 1. A formal warning. 2. A warning; a note of caution. Caveat emptor. Lat. Let the buyer beware. 1. The rule [that] requires the purchaser to be aware of the supposed title of the vendor and he who buys without checking the vendor's title takes all the risks and losses consequent to such failure. [Dacasin v. CA, GR L-32723. Oct. 28, 1977]. 2. Let the buyer beware or that the buyers should examine and

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check for themselves things which they intend to purchase and that they cannot later hold the vendor responsible for the broken condition of the thing bought. Caveat emptor doctrine. Also called Let the buyer beware doctrine. A doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition. This is esp. applicable to items that are not covered under a strict warranty. Caveat venditor. Lat. Let the seller beware. A maxim, or rule, casting the responsibility for defects or deficiencies upon the seller of goods, and expressing the exact opposite of the common law rule of Caveat emptor. Cavil. A carping or trivial objection. See Beyond cavil. CBA. Labor. 1. A negotiated contract bet. a legitimate labor organization and the employer, concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit. As in all other contracts, the parties to a CBA may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided these are not contrary to law, morals, good customs, public order or public policy. [Honda Phils., Inc. v. Samahan ng Malayang Manggagawa sa Honda, GR 145561, 15 June 2005]. 2. A contract executed upon request of either the employer or the exclusive bargaining representative incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, incl. proposals for adjusting any grievances or questions arising under such agreement. [Rivera v. Espiritu, 425 Phil. 169 (2002)]. See also Collective Bargaining Agreement. CBA. Labor. Primary purpose: The stabilization of labor-management relations in order to create a climate of a sound and stable industrial peace. [Rivera v. Espiritu, 425 Phil. 169 (2002)]. CBA registration. Labor. The filing of the collective bargaining agreement with the Regional Office or the Bu. of Labor Relations accompanied by verified proof of posting and ratification and payment of fee. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. CBD. See Committee on Bar Discipline. CBDRRM. See Community-Based Disaster Risk Reduction and Management. CBO. Community-based organization. CBU. See Collective bargaining unit. CD. Compact Disc. CDA. See Cooperative Development Authority. CDO. See Cease and desist order. Cease and desist. Also called C & D. An order or request to halt an activity [cease] and not to take it up again later [desist]. Cease and desist order (CDO). An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct. Ceasefire. Intl. Law. An unconditional stoppage of hostilities by order of an in-

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ternational body like the UN Security Council for the purpose of employing peaceful means of settling the conflict. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144]. Celebrity. A famous person. See Public figure. Cellulose Nitrate or Nitro Cellulose. A highly combustible and explosive compound produced by the reaction of nitric acid with a cellulose material. [Sec. 3, RA 9514]. Cellulose Nitrate Plastic (Pyroxylin). Any plastic substance, materials or compound having cellulose nitrate [nitro cellulose] as base. [Sec. 3, RA 9514]. Cement manufacturing. The manufacture of cement obtained by firing limestone naturally containing, or mixed artificially with, a suitable proportion of clay, and by subsequent crushing of the clinker so obtained (Portland Cement). [Sec. 2, RA 4095]. CEMONC. See Comprehensive Emergency Obstetric and Newborn Care. Censor. A person authorized to examine books, films, or other material and to remove or suppress what is considered morally, politically, or otherwise objectionable. Censorship. 1. That officious functionary of the repressive government who tells the citizen that he may speak only if allowed to do so, and no more and no less than what he is permitted to say on pain of punishment should he be so rash as to disobey. [Sep. Op. of CJ Davide Jr. in Kapisanan ng mga Brodkasters sa Pilipinas, GR 102983. Mar. 5, 1992]. 2. The practice of officially examining books, movies, etc., and suppressing unacceptable parts. Censure. An official reprimand or condemnation of an attorney. Center of excellence. A public or private college, institute, school or agency, engaged in the pre-service and continuing education, formal and non-formal, of teachers and top-notch educators, that has established and continues to maintain a good record in teacher education, research, and community service; whose graduates are models of integrity, commitment and dedication in education. [Sec. 2, RA 7784]. Center of gravity doctrine. Conf. of Laws. Choice of law problems are resolved by the application of the law of the jurisdiction which has the most significant relationship to or contact with event and parties to litigation and the issue therein. [Agpalo, Conflict of Laws, p. 6]. Term is used synonymously with the Most significant relationship theory. Also known as Grouping of contacts. Centers. Any of the treatment and rehabilitation centers for drug dependents referred to in Sec.34, Art. VIII of RA 9165. [Sec 3, RA 9165]. Central Bank Act, The New. RA 7653 enacted on June 14, 1993. Central Bank of the Philippines. See Bangko Sentral ng Pilipinas. Central counting center. A public place designated by the Comelec where counting of ballots and canvassing shall be conducted. [Sec. 2, RA 8046]. CEO. See Chief Executive Officer.

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Cerebral. 1. Of the cerebrum of the brain. 2. Intellectual rather than emotional or physical. Cerebral concussion. Brain jarring resulting from head injury. Cerebrovascular. Relating to the brain and its blood vessels. Cerebro-vascular accident (CVA). The breaking of a blood vessel within or about the brain. It is also known as cerebral or intracranial hemorrhage for which the science of medicine gives several causes, among which are hypertensive vascular diseases and arterial aneurysms which are gradual processes that worsen over the years if left unchecked. [Trinidad v. WCC, GR L42507. Feb. 28, 1978]. Certain. Definitely settled so as not to be variable or fluctuating. Fixed. Certificate Authorizing Registration (CAR). A certification issued by the BIR Commissioner or his duly authorized representative attesting that the transfer and conveyance of land, buildings/improvements or shares of stock arising from sale, barter or exchange have been reported and the taxes due inclusive of the documentary stamp tax, have been fully paid. Certificate of ancestral domain title (CADT). A title formally recognizing the rights of possession and ownership of Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) over their ancestral domains identified and delineated in accordance with [RA 8371]. [Sec. 4, RA 8371]. Certificate of ancestral lands title. A title formally recognizing the rights of Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) over their ancestral lands. [Sec. 4, RA 8371]. Certificate of Canvass and Proclamation. The official printed document that contains the names of the candidates for the Offices of the Pres. and Vice Pres. who obtained the highest number of votes and certifies to their proclamation as winners. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Certificate of canvass of votes. A machine-generated document containing the total votes in figures obtained by each candidate in a city, municipality, district, or province, as the case may be. [Sec. 2, RA 8436]. Certificate of canvass, (City, municipal, district, or provincial). A document in electronic and in printed form containing the total votes in figures obtained by each candidate for the Offices of the Pres. and Vice Pres. in a city, municipality, district, or province, the electronic form of which is the official canvass result and is the result electronically transmitted to Congress. [The 2010 Rules of the PET, Rule 2, AM 10-4-29SC, May 4, 2010]. Certificate of deposit. 1. An instrument in the form of a receipt given by a banker for a certain sum of money. It is a written acknowledgment by a bank of the receipt of money or deposit which the bank promises to pay to the depositor, bearer, or order, or to some other person or order. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 68]. 2. A promissory note issued by a bank in which the bank

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promises to repay money it has received, plus interest, at a time certain. Certificate of Land Ownership Award (CLOA). A document evidencing ownership of the land granted or awarded to the beneficiary by DAR, and contains the restrictions and conditions provided for in RA 6657 and other applicable laws. [Lebrudo v. Loyola, GR 181370. Mar. 9, 2011]. Certificate of land transfer. The certificate [which] simply evidences the government's recognition of the grantee as the party qualified to avail of the statutory mechanisms for the acquisition of ownership of the land tilled by him as provided under PD 27. It does not vest in the farmer or grantee ownership of the land described therein. [Pagtalunan v. Tamayo, GR 54281. Mar. 19, 1990]. Certificate of Public Convenience (CPC). 1. The license on authority issued by the MARINA to a domestic ship operator to engage in domestic shipping. [Sec. 3, RA 9295]. 2. An authorization issued for the operation of public services for which no franchise, either municipal or legislative, is required by law. [PAL v. CAB, GR 119528. Mar. 26, 1997]. 3. An authorization granted by the LTFRB for the operation of land transportation services for public use as required by law. [Kilusang Mayo Uno v. Sec. Garcia, Jr., GR 115381 Dec. 23, 1994]. Certificate of public convenience and necessity. A certificate issued to a public service for which a franchise is required by law. [PAL v. CAB, GR 119528. Mar. 26, 1997]. Certificate of sale. A certificate setting forth the proceedings had at the sale, a description of the property sold, the name of the purchaser, the sale price, as well as the exact amount of the taxes and penalties due and the costs of sale received by the purchaser at public auction of delinquent property from the provincial or city treasurer, or his deputy. [Sec. 76, PD 464]. Certificate of stock. A written acknowledgment by the corporation of the interest, right, and participation of a person in the management, profits, and assets of a corporation. It is a documentary evidence of the holders ownership of shares and is a convenient instrument for the transfer of title. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., pp. 56-57]. Certificate of title, original or transfer (OCT or TCT). 1. The transcript of the decree of registration made by the registrar of deeds in the registry. [PNB v. Tan Ong Zse, GR 27991. Dec. 24, 1927]. 2. Document issued by the [Register of Deeds] for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein. Certification. 1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original. 3. The procedure by which official certification bodies or officially recognized certification bodies provide written or equivalent assurance that foods or food control systems conform to requirements. [Sec. 3, RA 10068]. Certification against forum shopping. Civ. Proc. The certification under oath

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by the plaintiff or principal party in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasijudicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. [Sec. 5, Rule 7, RoC]. Certification election. Labor. The process of determining, through secret ballot, the sole and exclusive bargaining agent of the employees in an appropriate bargaining unit, for purposes of collective bargaining. [Sec. 1, Rule 1, Book 5, IRR of LC]. Compare with Consent election. Certification of check. A written agreement by which a bank promises to pay the check at any time it is presented for payment. It may be made on the check itself or on another instrument, identifying the bill certified. Certification order. Labor. An order issued by the Sec. of Labor and Employment certifying a labor dispute to the NLRC for compulsory arbitration instead of directly assuming jurisdiction over the same. Certification proceeding. Labor. A mere investigation of a non-adversary, factfinding character, in which the investigating agency plays the part of a disinterested investigator seeking merely to ascertain the desires of the employees as to the matter of their representation. [Manila Golf & Country Club, Inc. v. IAC, GR 64948. Sep. 27, 1994]. Certified check. A check which bears upon its face an agreement by the drawee bank that the check will be paid on presentation. The usual practice is by stamping or writing the word certified upon the check. [Diaz, Bus. Law Rev., 1991 Ed., p. 381]. Certified List of Overseas Voters (CLOV). The list of registered overseas voters whose applications to vote overseas have been approved by the Comelec, said list to be prepared by the Office for Overseas Voting of the Comelec, on a country-by-country and post-by-post basis. The list shall be approved by the Comelec in an en banc resolution. Certified public accountant (CPA). A person, be it his/her individual capacity, or as a staff member in an accounting or auditing firm, holding out himself/herself as one skilled in the knowledge, science and practice of accounting, and as a qualified person to render professional services as a certified public accountant; or offering or rendering, or both or more than one client on a fee basis or otherwise, services as such as the audit or verification of financial transaction and accounting records; or the preparation, signing, or certification for clients of reports of audit, balance sheet, and other financial, accounting and related schedules, exhibits, statement of reports which are to be used for publication or for credit purposes, or to be filed with a court or govt. agency, or to be used for

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any other purposes; or to design, installation, and revision of accounting system; or the preparation of income tax returns when related to accounting procedures; or when he/she represents clients before govt. agencies on tax and other matters relating to accounting or render professional assistance in matters relating to accounting procedures and the recording and presentation of financial facts or data. [Sec. 4, RA 9298]. Certified seeds. Seeds that passed the seed certification standards of the Bu. of Plant Industry and which are the progeny of foundation, registered or certified seeds that are so handled as to maintain satisfactory genetic identity and varietal purity. [Sec. 4, RA 7607]. Certiorari. Rem. Law. 1. A writ from a superior court to an inferior court or tribunal commanding the latter to send up the record of a particular case. [Pimentel v. COMELEC, GR L-53581-83. Dec. 19, 1980]. 2. A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. Certiorari. Rem. Law. Exceptions to the rule that certiorari is unavailing where the appeal period has lapsed: (a) when public welfare and the advancement of public policy dictates; (b) when the broader interest of justice so requires; (c) when the writs issued are null and void; or (d) when the questioned order amounts to an oppressive exercise of judicial authority. [Uy Chua v. CA, 398 Phil. 17, 30 (2000)]. Certiorari, Petition for. Rem. Law. A verified petition filed in the proper court by the person aggrieved by the action of any tribunal, board, or officer exercising judicial functions, without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, such petition alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings, as the law requires, of such tribunal, board or officer. [Sec. 1, Rule 65, RoC]. Certiorari, Petition for. Rem. Law. Elements: (a) That it is directed against a tribunal, board or officer exercising judicial functions; (b) that such tribunal, board or officer has acted without or in excess of jurisdiction or with grave abuse of discretion; and (c) that there is no appeal nor any plain, speedy and adequate remedy in the ordinary course of law. [Sec. 1, Rule 65, RoC]. Certiorari, Writ of. Rem. Law. A writ the function of which is to keep an inferior Court within the bounds of its jurisdiction or to prevent it from committing such a grave abuse of discretion amounting to excess of jurisdiction [Central Bank v. CA, GR 41859. 8 Mar. 1989]. Certum est quod certum reddi potest. Lat. It is certain, whatever can be rendered certain. Often used in law when something is not known, but can be ascertained [e.g. the purchase price on a sale which is to be determined by a 3rdparty valuer]. [Aviles v. Arcega, GR 18341, Sept. 18, 1922]. CES. See Career Executive Service. CESB. See Career Executive Service Board.

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CESO. See Career Executive Service Officers. Cessante ratione legis, cessat et ipsa lex. Lat. Where the reason of the law ceases, the law itself ceases. [Lonaria v. De Guzman, GR L-20940. Sep. 29, 1967]. Cession. From Lat. Cessio from cessare: to yield. 1. Civ. Law. The abandonment of all property of the debtor for the benefit of his creditors in order that the latter may apply the proceeds thereof to the satisfaction of their credit. [Torres, Oblig. & Cont., 2000 Ed., p. 120]. 2. Intl. Law. The transfer of territory from one state to another by treaty. Cession. Requisites: (a) There must be at least one debtor and 2 or more creditors; (b) the debtor is in a state of insolvency, either partially or totally, at the time of the cession or assignment; (c) the debtor is required to deliver all his property to all his creditors; and that (d) the creditors may sell the property and apply the proceeds to their credits proportionately. [Torres, Oblig. & Cont., 2000 Ed., p. 120]. Cestui que trust. Lat. For the beneficiary of a trust. A person who has the equitable and beneficial interest in property the legal interest in which is vested in a trustee. Cestui que use. Lat. For the donee of a trust. A person for whose use land or other property is legally held by another. CFI. See Court of First Instance. CGT. See Capital gains tax. Chain distribution plans or Pyramid sales schemes. Sales devices whereby a person, upon condition that he makes an investment, is granted by the manufacturer of his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit upon condition of making similar investments. [Art. 4, RA 7394]. Chain of custody. The duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure or confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence, and the final disposition. [Sec. 1(b) of DDB Reg. 1, S. of 2002]. Chain of custody rule. 1. [A] method of authenticating evidence [which] requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. [Mallillin v. People, GR 172953, 30 Apr. 2008]. 2. It would include testimony about every link in the chain, from the moment the item was picked up to the time it is offered into evidence, in such a way that every person who touched the exhibit would describe how and from whom it was received, where it was and what happened to it while in the witness possession, the condition in which it was received and the condition in which it was delivered to the next link in the chain. These witnesses would then de-

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scribe the precautions taken to ensure that there had been no change in the condition of the item and no opportunity for someone not in the chain to have possession of the same. [Mallillin v. People, GR 172953, 30 Apr. 2008]. Chain saw. Any portable power saw or similar cutting implement, rendered operative by an electric or internal combustion engine or similar means, that may be used for, but is not limited to, the felling of trees or the cutting of timber. [Sec. 3, RA 9175]. Chain saw dealer. A person, natural or juridical, engaged in the manufacture, importation, distribution, purchase and/or sale of chain saws. [Sec. 3, RA 9175]. Challenge. To invite someone to engage in a contest. Challenging to a duel. Crim. Law. The felony committed by any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel. [Art. 261, RPC]. Chambers. A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the public. Champertous agreement or contract. Agreement whereby an attorney agrees to pay expenses of proceedings to enforce the client's rights. [Bautista v. Gonzales, AM 1625. Feb. 12, 1990]. Champertous connivance. A secret illegal bargain whereby one party is to assist the other in a lawsuit and share in the proceeds. Champerty. 1. A bargain by a stranger with a party to a suit, by which such 3rd person undertakes to carry on the litigation at his own cost and risk in consideration of receiving, if successful, a part of the proceeds or subject sought to be recovered. 2. The act of a person in agreeing to finance someone else's lawsuit in exchange for a portion of the judicial award. Chancery. Intl. Law. A term used to designate the actual office of a head of a diplomatic mission, namely, his first, second, and third secretaries, plus the attendant clerks. It is also used to designate the premises in which they exercise their functions. Change. To replace something with something else of the same kind or with something that serves as a substitute. [Co v. Civil Register of Manila, GR 138496, 23 Feb. 2004]. Compare with Correct. Change of name. A judicial proceeding in rem, requiring publication, and may be ordered by the court if proper and reasonable cause exists to justify it. [Bench Book for Trial Court Judges, p. 3-3]. Change of name. Grounds: (a) When the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) When the change results as a legal consequence, as in legitimation; (c) When the change will avoid confusion; (d) Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage; (e) A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and (f) When the surname causes embarrassment and there is no

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showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest. [Rep. v. CA, GR 97906. May 21, 1992]. Change of venue. Moving a lawsuit or criminal trial to another place for trial. Channel. A length of water wider than a strait, joining 2 larger areas of water, esp. 2 seas. See Natural bed. Character. The possession by a person of certain qualities of mind and morals, distinguishing him from others; it is the opinion generally entertained of a person derived from the common report of the people who are acquainted with him. [People v. Lee, GR 139070, May 5, 2002]. Characterization. Conf. of Laws. The process of deciding whether or not the facts relate to the kind of question specified in a conflicts rule. The purpose of characterization is to enable the court of the forum to select the proper law. [Agpalo, Conflict of Laws, p. 18]. Also Doctrine of qualification. Charge. 1. Pecuniary liability, as rents or fees against persons or property. [Sec. 131, LGC of 1991]. 2. The price of, or rate for, something. Compare with Fee. Charge d'affaires. Fr. Charged with [in charge of] matters. A diplomat - usu. a diplomatic Secretary, Counselor or Minister - who heads a diplomatic mission [e.g., an Embassy] in the absence of its titular [e.g., an Ambassador]. A charg d'affaires represents his or her nation in the country they are accredited to, and enjoy the same privileges and immunities of a regular Ambassador. In most cases, a charg would only serve as a charg d'affaires ad interim, heading the diplomatic mission on a temporary basis in the absence of the ambassador. Charge - of - company - domination rule. Labor. Under settled jurisprudence, the pendency of a formal charge of company domination is a prejudicial question that, until decided, bars proceedings for a certification election, the reason being that the votes of the members of the dominated union would not be free. [United CMC Textile Workers Union v. BLR, GR L-51337. Mar. 22, 1984]. Charges. 1. Pecuniary liability, as rents or fees against persons or property. [Sec. 131, RA 7160]. 2. Those which are incurred, not on the thing itself, but because of it. They include every prestation required of the possessor by reason of the possession of the thing, whether it constitutes a real right or not. All taxes or contributions in favor of the government, whether on the capital or on the fruits, and interests on mortgages, etc., are examples of such charges. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 291]. Charging or Special lien. An attorney's specific lien for compensation on the fund or judgment which he has recovered by means of his professional services for his client in a particular case and is provided in the 2nd part of Rule 138, Sec. 37 [of the Rules of Court]. It covers only the services rendered by an attorney in the action in which the judgment was obtained and takes effect under the cited rule after the attorney shall have caused a statement of his claim of such lien to be entered upon the records of the particular action with written no-

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tice thereof to his client and to the adverse party. It presupposes that the attorney has secured a favorable money judgment for his client and grants the attorney "the same right and power over such judgments and executions as his client would have to enforce his lien and, secure the payment of his just fees and disbursements. [Ampil v. JulianoAgrava, GR L-27394. July 31, 1970]. Compare with Attorneys retaining lien. Charivari. A mock serenade of discordant noises made with kettles, tin horn, etc., designed to deride or annoy. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 428]. Charter. 1. An instrument or authority from the sovereign power bestowing the right or privilege to be and act as a corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 130]. 2. A document outlining the principles, functions, and organization of a juridical entity. Charter Statement. A statement of the GOCCs vision, mission and core values. [Sec. 3, RA 10149]. Charter vessel. A contract by which the owner or agent of the vessel leases for a certain price the whole or a portion of the vessel for the transport of goods or persons from one port to another. Chartered GOCC. A GOCC, incl. Govt. Financial Institutions, created and vested with functions by a special law. [Sec. 3, RA 10149]. Chartered institution. Any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary authority of the State. [Sec. 2, Admin Code of 1987]. Charter-party. 1. A contract in which the owner of a vessel lets for consideration the whole or principal part thereof for the conveyance of goods and/or passengers on a particular voyage to one or more places or until the expiration of a specified time and surrenders unto the lessee or charterer the control, by vesting upon the latter the right to appoint the captain, officers and members of the crew, of the vessel leased or chartered during the duration of the contract. [RA 913]. 2. A contract by which an entire ship, or some principal part thereof, is let by the owner to another person for a specified time or use. [Planters Products v. CA, GR 101503. Sep. 15, 1993]. Chaste. Legal Med. 1. An unmarried woman who has had no carnal knowledge with men or who never voluntarily had unlawful sexual intercourse. It also denotes purity of mind and innocence of heart. [Olarte, Legal Med., 1st Ed. (2004), p. 121]. 2. A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins. Compare with Virgin. Chastity. Legal Med. That virtue which prevents the unlawful intercourse of the sexes. There is abstinence from unlawful sexual connection. [Olarte, Legal Med., 1st Ed. (2004), p. 121]. Compare with Virginity. Chattel. 1. Moveable items of property which are neither land nor permanently attached to land or a building, either directly or vicariously through attachment

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to real property. 2. An article of personal property. Chattel mortgage. 1. A conditional sale of personal property as security for the payment of a debt, or the performance of some other obligation specified therein, the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some other act named. If the condition is performed acc. to its terms the mortgage and sale immediately become void, and the mortgagee is thereby divested of his title. [Sec. 3, Act 1508]. 2. A mortgage where personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation. [Art. 2140, CC]. Compare with Real estate mortgage. Chattel Mortgage Law. Act 1508 entitled An Act Providing for the Mortgaging of Personal Property and for the Registration of the Mortgages So Executed enacted on July 2, 1906. Cheat. To act dishonestly or unfairly in order to gain an advantage, esp. in a game or examination. Cheating. Any act or omission before, during or after any civil service examination that will directly or indirectly undermine the sanctity and integrity of the examination such as, but not limited to, the following: 1. Impersonation; 2. Use of "codigo" or crib sheets; 3. Employing a "poste" or a person inside or outside of the examination room who may or may not be a registered examinee but who provides examinees with answers or "codigo" or "crib sheets" or such other assistance purportedly to enhance examinees better chances of passing; 4. Tampering with the examination records such as the Answer Data Files, the Application Forms or the Picture-Seat Plan to facilitate the passing of an examinee who have failed; 5. Collusion of whatever nature bet. examinees and examination personnel; 6. Examinee number switching; 7. Possession and or use of fake certificate of eligibility; 8. Such other acts of similar nature which facilitate the passing of an examination incl. those committed by review centers or entities offering refresher courses or tutorials. [Sec. 3, RA 9416]. Cheats. [It} shall include all persons or review centers or entities offering refresher courses or tutorials who directly or indirectly commit the act of cheating. [Sec. 3, RA 9416]. Check or Cheque. 1. A bill of exchange drawn on a bank payable on demand. [Sec. 185, NIL]. 2. A bill of exchange drawn on a bank payable on demand. 3. A written order or request to a bank or persons carrying on the business of banking, by a party having money in their hands, desiring them to pay, on presentment, to a person therein named or bearer, or to such person or order, a named sum of money. [People v. Nitafan, GR 75954. Oct. 22, 1992]. 4. A draft drawn upon a bank and payable on demand, signed by the maker or drawer, containing an unconditional promise to pay a sum certain in money to the order of the payee. [Ibid.]. Check-off. Labor. A process or device whereby the employer, on agreement with the union recognized as the proper bargaining representative, or on prior authorization from its employees, deducts union dues or agency fees from the latter's wages and remits them di-

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rectly to the union. [Holy Cross of Davao v. Joaquin, GR 110007. Oct. 18, 1996]. Check-off (of special assessments). Labor. Requisites to be valid: (1) an authorization by a written resolution of the majority of all the union members at the general membership meeting duly called for the purpose; (2) secretary's record of the minutes of the meeting; and (3) individual written authorization for check-off duly signed by the employee concerned. [Art. 241(n) and (o), LC, as amended; ABS-CBN Supervisors Employees Union Members v. ABS-CBN Broadcasting Corp., 364 Phil. 133, 142 (1999)]. Checks and balances. Rules intended to prevent one person or group from having too much power within an organization. Checks and balances doctrine. A political doctrine that complements the separation of powers doctrine underlying our system of government by which the 3 branches of government check one another against abusing or misusing their respective powers under the Consti. Thus, the Pres. can veto legislation. Congress must approve executive appointments. The courts, whose members are appointed by the Pres., can nullify grave abuse of executive power and invalidate laws for violating the limits of their respective Constitutional powers and prerogatives. CHED. See Commission on Higher Educatiion. Chemical diversion. The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud. [Sec 3, RA 9165]. Chemical engineer. A person duly registered and a holder of a valid Certificate of Registration and Professional Identification Card issued by the Board of Chemical Engineering and the Professional Regulation Commission (PRC). [Sec. 3, RA 9267]. Chemical engineering, Practice of. The rendering of chemical engineering service by a person who shall, for a fee, salary or other reward or compensation, paid to him or through another person, or even without such reward or compensation, render or offer to render professional chemical engineering service in the form of consultation, investigation, valuation, planning, designing or preparation of specifications for or estimates of industrial plants; or undertake the supervision of construction, erection, installation, alteration or operation of industrial plants. [Sec. 12, RA 318]. Chemical name. The description of the chemical structure of the drug or medicine and serves as the complete identification of a compound. [Sec. 3, RA 6675]. Chemical tests. Breath, saliva, urine or blood tests to determine the blood alcohol concentration level and/or positive indication of dangerous drugs and similar substances in a persons body. [Sec. 3, RA 10586].

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Chia. Chi. Grateful. [Jew Chong v. Rep., GR L-14343. May 23, 1961]. Chicago Convention. The international basis for civil aviation agreements. [Sec. 3, RA 9497]. Chicot doctrine. The doctrine that advocates the imperative necessity to take account of the actual existence of a statute prior to its nullification, as an operative fact negating acceptance of a principle of absolute retroactive invalidity. [Co v. CA, GR 100776. Oct. 28, 1993]. See Operative fact doctrine. Chief Executive Officer (CEO). The highest ranking corporate executive, who could be the Pres. or the General Manager, Chairman or the Administrator of a GOCC. [Sec. 3, RA 10149]. Chief of mission. The head of an embassy or other diplomatic missions of the Phils., or any person appointed by the Pres. to such position, whether serving in the home office or foreign service. [Sec. 5, RA 7157]. Child. 1. A person below 18 years of age or one who is over 18 but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. [Sec. 3, RA 10364; Sec. 3, RA 10165; Sec. 3, RA 9208]. 3. A person below 18 years of age or a person over 18 years of age but is unable to fully take care of him/herself or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition. [Sec. 2, RA 9523]. 4. For the purpose of RA 9775, a child shall also refer to: (1) a person regardless of age who is presented, depicted or portrayed as a child as defined therein; and (2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined therein. [Sec. 3, RA 9775]. 5. A person below 15 years of age unless sooner emancipated by law. [Sec. 3, RA 8043]. Child abuse. The maltreatment, whether habitual or not, of the child. [Sec. 3, RA 7610]. Child and Youth Welfare Code, The. PD 603 entitled The Child and youth Welfare Code signed into law on Dec. 10, 1974. Child at risk. A child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following: (1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; (2) being exploited incl. sexually or economically; (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; (4) coming from a dysfunctional or broken family or without a parent or guardian; (5) being out of school; (6) being a streetchild; (7) being a member of a gang; (8) living in a community with a high level of criminality or drug abuse; and (9) living in situations of armed conflict. [Sec. 4, RA 9344]. Child Case Study Report. A written report prepared by a social worker containing all the necessary information about a child. [Sec. 3, RA 10165].

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Child in conflict with the law. A child who is alleged as, accused of, or adjudged as, having committed an offense under Phil. laws. [Sec. 4, RA 9344]. Child legally available for adoption. 1. A child who has been voluntarily or involuntarily committed to the DSWD or to a duly licensed and accredited childplacing or child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. [Sec. 3, RA 8552]. 2. A child in whose favor a certification was issued by the DSWD that he/she is legally available for adoption after the fact of abandonment or neglect has been proven through the submission of pertinent documents, or one who was voluntarily committed by his/her parent(s) or legal guardian. [Sec. 2, RA 9523]. Child pornography. Any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities. [Sec. 3, RA 9775]. Child prostitute. A male or female, under 18 years of age, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse or lascivious conduct. [Sec. 5, RA 7610, Child Abuse Act]. Child prostitution and other sexual abuse. The exploitation of children, whether male or female, in prostitution and other sexual abuse, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct. [Sec. 5, RA 7610]. Child trafficking. The prohibited act of engaging in trading and dealing with children, incl. the act of buying and selling of a child for money, of for any other consideration, or barter. It is classified as a grave felony punishable by reclusion perpetua. If the victim is under 12 years of age, the maximum penalty is to be imposed. [Sec. 7, Art. IV, RA 7610]. Child with Special Needs. A child with developmental or physical disability. [Sec. 3, RA 10165]. Child witness. Any person who at the time of giving testimony is below 18 years. In child abuse cases, a child includes one over 18 years but is found by the court as unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. [Sec. 4 (a), AM 00-4-07-SC]. Child-caring agency. A duly licensed and accredited agency by the DSWD that provides 24-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children. [Sec. 3, RA 8552]. Child-caring agency or institution. A private non-profit or govt. agency duly accredited by the DSWD that provides 24 hour residential care services for abandoned, neglected, or voluntarily committed children. [Sec. 2, RA 9523]. Child-caring institution. 1. An institution that provides 24 resident group care service for the physical, mental, social and spiritual well-being of 9 or more

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mentally gifted, dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders. 2. An institution, whose primary purpose is education, is deemed to be a child-caring institution when 9 or more of its pupils or wards in the ordinary course of events do not return annually to the homes of their parents or guardians for at least 2 months of summer vacation. [Art. 117, PD 603]. Child-friendly programs. Programs not specifically designed for viewing by children but which serve to further the positive development of children and contain no elements that may result in physical, mental and emotional harm to them. These include various formats and genre that appeal to children and are made available for all ages from early childhood to adolescence. [Sec. 3, RA 8370; Sec. 3, RA 7941]. Child-placing agency. 1. A duly licensed and accredited agency by the DSWD to provide comprehensive child welfare services incl., but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study. [Sec. 3, RA 8552]. 2. An institution or person assuming the care, custody, protection and maintenance of children for placement in any child-caring institution or home or under the care and custody of any person or persons for purposes of adoption, guardianship or foster care. The relatives of such child or children within the 6th degree of consanguinity or affinity are excluded from this definition. [Art. 117, PD 603]. Child-placing agency or institution. A private non-profit institution or govt. agency duly accredited by the DWSD that receives and processes applicants to become foster or adoptive parents and facilitate placement of children eligible for foster care or adoption. [Sec. 2, RA 9523]. Children. 1. Those below 18 years of age or older but are incapable of taking care of themselves as defined under RA 7610. As used in RA 9262, it includes the biological children of the victim and other children under her care. [Sec. 3, RA 9262]. 2. All persons below 18 years old. [Sec. 3, RA 8370]. 3. Persons below 18 years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. [Sec. 3, RA 7610; Sec. 4, RA 9710]. Children of a solo parent. Those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than 18 years of age, or even over 18 years but are incapable of self-support because of mental and/or physical defect or disability. [Sec. 3, RA 8972]. Children's television. Programs and other materials broadcast on television that are specifically designed for viewing by children. [Sec. 3, RA 8370]. Children's Television Act of 1997. RA 8370 enacted on Oct. 28, 1997. Child-viewing hours. Hours which are considered to be appropriate for children to watch television taking into account other activities which are necessary or desirable for their balanced development. [Sec. 3, RA 8370; Sec. 3, RA 7941].

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Chimera. 1. Greek Myth. A fire-breathing she-monster usu. represented as a composite of a lion, goat, and serpent. 2. A fanciful mental illusion or fabrication. 3. [A situation where a] petitioner describe[s] her petition as "an appeal under Rule 45 and at the same time as a special civil action of certiorari under Rule 65 of the Rules of Court," [Ligon v. CA, GR 127683, Aug. 7, 1998]. Ching suan. Chin. Mapili [in Tagalog]. [Arce Sons and Co. v. Selecta Biscuit Co., Inc., GR L-14761. Jan. 28, 1961]. Chirographs. Credits appearing in a public instrument or final judgment. [PNB v. Veraguth, GR 26833. Apr. 1, 1927]. Chloride. A compound of chlorine with another element or radical. [People v. Angeles, GR 92850. June 15, 1992]. Choice. An act of selecting or making a decision when faced with 2 or more possibilities. Choice of jurisdiction. In conflict of laws, the principles and rules applied by courts in order to determine the proper jurisdiction for instituting legal proceedings. Choice of law. In conflict of laws, the principles and rules applied by courts in order to determine the law applicable to one or more of the legal issues to be decided. Chose. Fr. From Lat. causa: thing, case, reason. 1. An item of personal property; a chattel. 2. A thing, an article of personal property. A chattel personal, and is either in action or in possession. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329]. Chose in action. 1. The instrument evidencing the right to sue for money or property, e.g., a promissory note. A legal claim or cause of action that can translate into a lawsuit. 2. A right of property in intangible things or which are not in one's possession, enforceable through legal or court action. Examples may include salaries, debts, insurance claims, shares in companies and pensions. Chose in possession. A personal thing of which one has possession, as distinguished from a thing in action. Taxes and customs, if unpaid, are a chose in action. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 329]. CHR. See Commission on Human Rights. Christian name. A given name. Chronic. Long-term or long-standing. A long and gradual development of the ailment. [Sarmiento v. ECC, GR L68648. Sep. 24, 1986]. Chronic hemoptysis. Pulmonary tuberculosis accompanied by blood vomiting. Chronic pyelonephritis. A slowly progressive infection of a renal pelvis and prenchyma, frequently bilateral. Factors such as stones, strictures and tumors cause obstruction to the flow of urine and predispose to infection. [Chavez v. ECC, GR L-61931. Mar. 31, 1987]. Chronological. Arranged in the order in which events happened; acc. to date. Chronology. The arrangement of events or dates in the order of their occurrence.

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Church. All places suited to regular religious worship. A place where persons regularly assemble for worship. [Martelino v. Estrella, GR L-15927. Apr. 29, 1963]. Cia. Abbrev. for Compania, as in Filipinas Cia. De Seguros. Cigarette. Any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use. [Sec. 4, RA 9211]. Cigars. All rolls of tobacco or any substitutes thereof, wrapped in leaf tobacco. [Sec. 137-A, PD 69]. Cipher. A method of secret writing that substitutes other letters or characters for the letter intended or transposes the letter after arranging them in blocks or squares. [Sec. 42, RA 5921]. Circumbalacion. Sp. The act of surrounding a place. It is a term that a derived from the word "circuir," which means to surround, to encompass, to encircle. The phrase "1001 brazas de circumbalacion" can mean no other than that the perimeter or circumference of the property has a total length of 1001 brazas. [Querubin v. Alconcel, GR L-23050. Sep. 18, 1975]. Circumstances. Minor facts of related or accessory facts, occurrences or things which stand around or closely precede or follow, or which surround or accompany, or which depend upon or support or qualify a principal act or event. Circumstantial. Pointing indirectly toward someone's guilt but not proving it. Circumstantial evidence. 1. The evidence of collateral facts or circumstances from which an inference may be drawn as to the probability or improbability of the facts in dispute. [People v. Liwag, GR 89112. Aug. 3, 1993]. 2. Not only the prior and coetaneous actuations of the accused in relation to the crime but also his acts or conduct subsequent thereto can be considered as circumstantial evidence of guilt. [US v. De Los Santos, 24 Phil. 329 (1913)]. 3. To warrant conviction in criminal cases upon circumstantial evidence, such evidence must be more than one, derived from facts duly proven, and the combination of all of them must be such as to produce conviction beyond reasonable doubt [People v. Tiozon, 198 SCRA 368 (1991)]. Compare with Direct evidence. Circumstantial evidence sufficient to convict. Requirements: (a) There are more than one circumstance, (b) the facts from which the inferences are derived are proven, and (c) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. [People v. Salangga, GR 100910. July 25, 1994]. Cirrhosis of the liver. Any diffuse fibrosis that destroys the normal architecture of the liver. The most common type is Laennec's or alcoholic cirrhosis which is the consequence of a specific type of malnutrition usu. related to chronic alcoholism and/or faulty dietary habits. [Garol v. ECC, GR L-55233. Nov. 29, 1988]. CISFA. See Comprehensive and Integrated Shelter Financing Act of 1994. Citation. A writ or order issued by a court commanding the person named therein to appear at the time and place named;

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also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents. Citizen. One who, by birth, naturalization or otherwise, is a member of an independent political society, called a state, kingdom, or empire, and as such is subject to its laws and entitled to its protection in all his rights incident to that relation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 251]. Citizen of the Philippines. One of the following: (i) An individual who is a citizen of the Phils.; (ii) A partnership of which each member is a citizen of the Phils.; or (iii) A corporation or association created or organized and authorized under the laws of the Phils. [Sec. 3, RA 9497]. Citizen's arrest. A warrantless arrest authorized under Sec. 5, Rule 113, of the Rev. Rules on Crim. Proc. [People v. Rayray, GR 90628. Feb. 1, 1995]. Citizens by election. Citizens who by virtue of certain legal provisions, become such by choosing [electing] Phil. citizenship at the age of 21 or within a reasonable time thereafter. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 105]. Citizens of the Philippines. The following are citizens of the Phils.: (a) Those who are citizens of the Phils. at the time of the adoption of this Consti.; (b) those whose fathers or mothers are citizens of the Phils.; (c) those born before Jan. 17, 1973, of Filipino mothers, who elect Phil. citizenship upon reaching the age of majority; and (d) those who are naturalized in accordance with law. [Art. IV, 1987 Phil. Consti.]. Citizenship. 1. Membership in a political society and implies a duty of allegiance on the part of the member and a duty of protection on the part of the society. These are reciprocal obligations, one being a compensation for the other." [Laurel v. Misa, GR L-409. Jan. 30, 1947]. 2. It applies only to certain members of the state accorded more privileges than the rest of the people who owe it allegiance. Its significance is municipal and not international. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 102]. Compare with Citizenship. Civic welfare training service (CWTS). Programs or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities, esp. those devoted to improving health, education, environment, entrepreneurship, safety, recreation and morals of the citizenry. [Sec. 3, RA 9163]. Civil. Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings. Civil action. 1. An action brought to enforce or protect private rights. 2. An action by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. [Sec. 3(a), Rule 1, RoC]. Civil Aeronautics Act of the Philippines, The. RA 776 entitled An Act to reorganize the Civil Aeronautics Board and the Civil Aeronautics Administration, to provide for the regulation of civil aeronautics in the Phils. and authorizing the

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appropriation of funds therefor enacted on June 20, 1952. Civil Aeronautics Board (CAB). The agency which has the power to regulate the economic aspect of air transportation, and has the general supervision and regulation of, and jurisdiction and control over, air carriers as well as their property, property rights, equipment, facilities, and franchise. [Sec. 10, RA 776, as amended]. Civil aircraft. 1. Any aircraft other than a State or public aircraft. [Sec. 3, RA 9497]. 2. Any aircraft other than a public aircraft. [Sec. 3, RA 776]. Civil aspect. A reference to the pecuniary liabilities, i.e., damages, of the defendant in a criminal case which are deemed subsumed therein. See Civil liability. Civil aviation. The operation of any civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations. [Sec. 3, RA 9497]. Civil Aviation Authority Act of 2008. RA 9497 entitled An Act Creating The Civil Aviation Authority of the Philippines, Authorizing the Appropriation of Funds Therefor, and for Other Purposes enacted on Mar. 4, 2008. Civil Aviation Authority of the Philippines (CAAP). Formerly the Air Transportation Office (ATO). An agency under the DOTC, it is the natl. aviation authority of the Phils. responsible for implementing policies on civil aviation to assure safe, economic and efficient air travel pursuant to RA 9497. Civil Code. A collection of laws which regulates the private relations of the members civil society, determining their respective rights and obligations, with reference to persons, things and civil acts. [Jurado, Civ. Law Reviewer, 19th Ed. (1999), p. 1]. Civil Code of the Philippines. RA 386 entitled An Act to ordain and institute the Civ. Code of the Phils. enacted on June 18, 1949 and took effect on Aug. 30, 1950. Civil conspiracy. The combination of 2 or more persons for purposes of accomplishing by concerted action either lawful purpose by unlawful means or unlawful purpose by lawful means. [Rep. v. Sandiganbayan, GR 92594. Mar. 4, 1994]. Civil contempt. The failure to do something ordered to be done by a court in a civil action for the benefit of the opposing party therein and is, therefore, an offense against the party in whose behalf the violated order is made. [People v. Godoy, GR 115908-09. Mar. 29, 1995]. Compare with Criminal contempt. Civil corporation. A corporation established for business or profit, i.e., with a view toward realizing gains to be distributed among its members. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Eleemosynary corporation. Civil death. Total deprivation of civil rights, often resulting from conviction for treason or a felony. Phil. Laws do not recognize civil death. Civil embargo. A govt.'s embargo on the movement of ships under its own registry. See Pacific embargo. Civil engineering, Practice of. The practice shall embrace services in the form

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of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of streets, bridges, highways, railroads, air-ports and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures for irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels. The enumeration of any work shall not be construed as excluding any other work requiring civil engineering knowledge and application. [Sec. 2, RA 544]. Civil fruits. The rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. [Art. 442, CC]. Civil interdiction. Crim. Law. The deprivation of the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. [Art. 34, RPC]. Civil law. 1. Law inspired by old Roman Law, the primary feature of which was that laws were written into a collection; codified, and not determined, as is common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. 2. Law based on a series of written codes or laws. Civil liability. The term generally refers to the monetization of the claims arising out of a criminal act which consists of restitution, reparation, and indemnification for consequential damages. Civil Liability Convention, 1992. The 1992 Intl. Convention on Civil Liability for Oil Pollution Damage. [Sec. 3, RA 9483]. [Sec. 3, RA 9483]. Civil liability ex delicto in sens[u] strictiore. Civil liability directly arising from and based solely on the offense committed. [People v. Bayotas, GR 102007, 2 Sept. 1994]. Civil liberty. The catch-all term which embraces all the freedoms and civil rights enumerated under the bill of rights of the Consti. Civil month. Also Solar month. That which agrees with the Gregorian calendar; and these months are known by the names of Jan., Feb., Mar., etc. They are composed of unequal portions of time. [Gutierrez v. Carpio, GR 31025. Aug. 15, 1929]. Civil obligations. Obligations which give a right of action to compel their performance. [Art. 1423, CC]. Compare with Natural obligations. Civil procedure. 1. Procedure that treats of the enforcement and protection of rights in civil cases. [Suarez, Intro. to Law, 1995 3rd Ed., p. 204]. 2. The rules and process by which a civil case is tried and appealed, incl. the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals. Civil register. 1. The various registry books and related certificates and documents kept in the archives of the local civil registry offices, Phil. Consulates and of the Office of the Civil Registrar

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General. [Sec. 2, RA 9053]. 2. The official record of acts, events and judicial decrees concerning the civil status of persons. [Art. 407, CC]. 3. A register established for recording the civil status of persons, in which shall be entered: (a) births; (b) deaths; (c) marriages; (d) annulments of marriages; (e) divorces; (f) legitimations; (g) adoptions; (h) acknowledgment of natural children; (i) naturalization; and (j) changes of name. [Sec. 1, Act 3753 (Civil Register Law)]. Civil Register Books. The following books which local registrars keep and preserve in their offices [and] in which they make the proper entries concerning the civil status of persons: (1) Birth and death register; (2) Marriage register, in which shall be entered not only the marriages solemnized but also divorces and dissolved marriages; (3) Legitimation, acknowledgment, adoption, change of name and naturalization register. [Sec. 4, Act 3753 (Civil Register Law)]. Civil Register Law. Act 3753 enacted on Nov. 26, 1930. Civil registrar (of city or municipality). The head of the local civil registry office of the city or municipality, as the case may be, who is appointed as such by the city or municipal mayor in accordance with the provisions of existing laws. [Sec. 2, RA 9048]. Civil registrar general. The Administrator of the Natl. Statistics Office (NSO) which is the agency mandated to carry out and administer the provision of laws on civil registration. [Sec. 2, RA 9053]. Civil registry. The public record where acts, events and judicial decrees concerning the civil status of persons are entered. [Bench Book for Trial Court Judges, p. 3-4]. Civil reservation. Lands of public domain which have been proclaimed by the Pres. of the Phils. for specific purpose such as town sites, resettlement areas, ancestral lands, etc. Civil rights. 1. Those (rights) that belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government. They include the rights of property, marriage, equal protection of the laws, freedom of contract, etc. Or, as otherwise defined, civil rights are rights appertaining to a person by virtue of his citizenship in a state or community. Such term may also refer, in its general sense, to rights capable of being enforced or redressed in a civil action. [Simon v. CHR, GR 100150. Jan. 5, 1994]. 2. The rights secured by the Consti. of any state or country to all its inhabitants and not connected with the organization or administration of government, [Black, Handbook of Amer. Consti. Law, 4th ed., 526]. Compare with Political rights. Civil service. Scope: [It embraces] every branch, agency, subdivision, and instrumentality of the government, incl. every GOCC whether performing governmental or proprietary function. [Sec. 4, Art. IV, PD 807]. Civil Service Commission (CSC). The central personnel agency of the [Phil.] Govt. [Sec. 3, Art IX (b), 1987 Phil. Consti.]. Civil Service Decree of the Philippines. PD 807 entitled Providing for the organ-

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ization of the Civil Service Commission in accordance with provisions of the Consti., prescribing its powers and functions and for other purposes signed into law on Oct. 6, 1975. Civil society. Non-govt. organizations (NGOs) and people's organizations (POs). [Sec 4, RA 9275]. Civil society organizations (CSOs). Non-state actors whose aims are neither to generate profits nor to seek governing power. CSOs unite people to advance shared goals and interests. They have a presence in public life, expressing the interests and values of their members or others, and are based on ethical, cultural, scientific, religious or philanthropic considerations. CSOs include NGOs, professional associations, foundations, independent research institutes, community-based organizations (CBOs), faith-based organizations, POs, social movements, and labor unions. [Sec. 3, RA 10121]. Civil war. A war bet. opposing groups within the same state. Civilian supremacy. Pol. Law. The supremacy of elected civilian public officials over the military. The elected Pres. is the Commander-in-Chief and only the Congress can declare war. Civilian supremacy principle. Pol. Law. The doctrine that teaches the supremacy of the sovereign Fil. people in line with the principle that sovereignty resides in the people and all govt. authority emanates from them, and this s upremacy is at all times, supreme over the military. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 60]. Claim. Civ. Law. 1. Right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, unsecured. [Finasia Investments and Finance Corp. v. CA, GR 107002, Oct. 7, 1994]. 2. A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate. Claim. Corp. Law. 1. [It] shall include all claims or demands of whatever nature or charter against a debtor or its property, whether for money or otherwise. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 2. All claims or demands of whatever nature or character against the debtor or its property, whether for money or otherwise, liquidated or unliquidated, fixed or contingent, matured or unmatured, disputed or undisputed, incl., but not limited to; (1) all claims of the government, whether national or local, incl. taxes, tariffs and customs duties; and (2) claims against directors and officers of the debtor arising from acts done in the discharge of their functions falling within the scope of their authority:Provided, That, this inclusion does not prohibit the creditors or 3rd parties from filing cases against the directors and officers acting in their personal capacities. [Sec. 4, RA 10142].

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Claim of ownership. 1. The possession of a piece of property with the intention of claiming it in hostility to the true owner. [Alvarez v. PICOP Resources, Inc., GR 162243, GR 164516 & GR 171875, Dec. 3. 2009]. 2. A partys manifest intention to take over land, regardless of title or right. [Id.]. Claim owner. 1. A holder of an existing mining right. [Sec. 3, RA 7076]. A holder of valid and subsisting mining claim(s). [Sec. 12, PD 1150]. Claim preclusion. Res judicata. See Preclusion of claims. Claim to ownership. The documents serving as bases of awarding Torrens Title, Transfer Certificate Title, Copy of Tax Declaration or Copy of Real Estate Tax Receipt. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Clandestine. Something that is purposely kept from the view or knowledge of others either in violation of the law or to conduct or conceal some illegal purpose. A clandestine marriage would be one which does not comply with laws related to publicity. Clandestine laboratory. Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical. [Sec 3, RA 9165]. Clarificatory. Of or pertaining to clarification; That serves to clarify. Clarificatory hearing. [It] is not indispensable during preliminary investigation. Rather than being mandatory, a clarificatory hearing is optional on the part of the investigating officer. as evidenced by the use of the term may in Sec. 3(e) of Rule 112 [of the Rules of Court]. [De Ocampo v. Sec. of Justice, GR 147932, Jan. 25, 2006]. Clarificatory judgment. A judgment rendered by the court, upon motion, when a judgment previously rendered is ambiguous and difficult to comply with. Class. Civ. Serv. All positions in the govt. service that are sufficiently similar as to duties and responsibilities and require similar qualifications that can be given the same title and salary and for all administrative and compensation purposes, be treated alike. [Sec. 3, PD 807]. Class "A" containers. 20, 35, 40 footercontainers as per Intl. Shipping Organization (ISO). [Sec. 1, PPA AO 08-79]. Class "B" containers. Containers owned by the shipping lines, the measurement or sizes of which do not fall under the ISO standard. [Sec. 1, PPA AO 08-79]. Class of position. Admin. Law. The basic unit of the Position Classification System. A class consists of all those positions in the system which are sufficiently similar as to (a) kind or subject matter of work; (b) level of difficulty and responsibility; and (c) the qualification requirements of the work, to warrant similar treatment in personnel and pay administration. [Sec. 3, PD 985]. Class or Representative suit. When the subject matter of the controversy is one of common or general interest to many persons, and the parties are so numerous that it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. But in such case the court shall make sure that the parties actually before it are suf-

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ficiently numerous and representative so that all interests concerned are fully protected. Any party in interest shall have a right to intervene in protection of his individual interest. [Sec. 12, Rule 3, RoC]. Class specification or standards. A written description of a class of position(s). It distinguishes the duties, responsibilities and qualification requirements of positions in a given class from those of other classes in the Position Classification System. [Sec. 3, PD 985]. Class suit. Requisites: (a) The subject matter of the controversy is one of common or general interest to many persons; and (b) the parties are so numerous that it is impracticable to bring them all before the court. [Mathay v. Consolidated Bank, 58 SCRA 559, 570 (1974); Oposa v. Factoran, 224 SCRA 792, 802 (1993)]. Classification. 1. The grouping of persons or things similar to each other in certain particulars and different from each other in these same particulars. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. 2. The act of arranging positions acc. to broad occupational groupings and determining differences of classes within each group. [Sec. 3, PD 985]. Classification. Requirements for validity: (a) It must be based on substantial distinctions; (b) it must be germane to the purposes of the law; (c) it must not be limited to existing conditions only; and (d) it must apply equally to all the members of the class. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. Classified land forest. Also known as Permanent forest or Forest reserves. Those lands of the public domain which have been the subject of the present system of classification and declared as needed for forest purposes. Classroom shortage. The number of classrooms whose construction, in considering the number of students divided by the existing number of classrooms, shall result in a student-classroom ratio of 45:1; classrooms shall mean those exclusively used for instructional purposes and shall exclude offices, libraries, laboratories, workshops and the like. [Sec. 3, RA 7880]. Clause. 1. A unit of grammatical organization next below the sentence in rank and in traditional grammar said to consist of a subject and predicate. 2. A particular and separate article, stipulation, or proviso in a treaty, bill, or contract. Claused bill of lading. A bill of lading indicating that some discrepancy exists bet. the goods loaded and the goods listed on the bill. Clean bill. A bill which has been revised in mark-up. Amendments are assembled with unchanged language and the bill is referred to the floor with a new number. Clean bill of exchange. Nego. Inst. One to which are not attached documents of tile to be delivered to the person against whom the bill is drawn when he either accepts or pays the bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 365]. Clean bill of health. An assurance that someone is healthy or something is in good condition.

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Clean bill of lading. A bill of lading indicating that the goods have been properly loaded on board the carrier's ship. Clean hands. 1. A maxim of the law to the effect that any person, individual or corporate, that wishes to ask or petition a court for judicial action, must be in a position free of fraud or other unfair conduct. 2. An established and familiar principle that he who comes to the courts must come with clean hands. [Silagan v. IAC, GR 68743. May 8, 1991]. Clean hands doctrine. 1. A legal principle grounded on equity which says that a complainant or plaintiff seeking relief in the courts must not himself be guilty in the matter subject of his claim. 2. An equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint-that is, with "unclean hands". Also known as Unclean hands or Dirty hands doctrine. Clean slate doctrine. Intl. Law. Doctrine that a new state coming into existence through decolonization is under no obligation to succeed to the treaties of its former colonial power. Cleaner production. The application of an integrated, preventive environmental strategy to processes, products, services to increase efficiency and reduce risk to humans and the environment. [Sec 4, RA 9275]. Clean-up operations. 1. Activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas, and the restoration of the affected areas to their former physical, chemical and biological state or conditions. [Sec 4, RA 9275]. 2. Activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition. [Sec. 62, PD 1152]. Clear and convincing proof or evidence. 1. Proof [or evidence] that is more than mere preponderance, but not to extent of such certainty as is required beyond reasonable doubt as in criminal cases. [Manalo v. Roldan-Confesor, GR 102358. Nov. 19, 1992]. 2. Standard of proof (or evidence) commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case. Clear and present danger. A standard for judging when freedom of speech can be abridged. Clear and present danger rule. The libertarian test which was originally espoused by Justice Holmes in Schenck v. US where he ruled that "the question in every case is whether the words used are used in such circumstances and are of such nature as to create and present danger that they will bring about the substantive evils that the State has a right to prevent. [In re: Jurado, AM 93-2037 SC. Apr. 6, 1995]. Compare with Dangerous tendency doctrine and Balancing test. Clearing agency. Any person who acts as inter mediary in making deliveries upon payment effect settlement in securities transactions. [Sec. 3, RA 8799].

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Clearing check. A banking process to determine the existence of sufficiency of funds against which a check is drawn, and the crediting of the account of the bank sending said check for clearing, incl. the verification of the other defects that will render the check stale or not payable. Clearing House. An agency or separate corporation of a futures exchange responsible for settling trading accounts, clearing trades, collecting and maintaining margin monies, regulating delivery and reporting trading data. Clemency. Also Executive clemency. Act of grace or mercy by the Pres. to ease the consequences of a criminal act, accusation, or conviction. Cleric. A priest or minister of a Christian church. Clerical. Concerned with or relating to work in an office, esp. routine tasks. Clerical errors. 1. Mistakes by the clerk in copying or writing, the making of wrong entries in the public records contrary to existing facts. [Lim v. Rep. GR L-8932, May 13, 1937]. 2. Those mistakes that are clerical in nature or changes that are harmless and innocuous, such as the correction of a misspelled name or occupation of the parents. [Ansaldo v. Rep., 102 Phil. 1046]. 3. Those that are visible to the eyes or obvious to the understanding, or errors made by a clerk or transcriber, a mistake in copying or writing. [Black v. Rep., 104 Phil. 848]. Compare with Substantial errors. Clerical or Typographical error. 1. A mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, or status of the petitioner. [Sec. 2, RA 9053, as amended by RA 10172]. 2. An error made in copying or writing. [Yu v. Rep., GR L-20752. Nov. 25, 1967]. Clerk of court. 1. An essential officer in any judicial system. His office is the hub of activities, both adjudicative and administrative. The clerk of court keeps the records and seal, issues processes, enters judgments and orders, and gives, upon request, certified copies form the records. [Lloveras v. Sanchez, AM P-93817. Jan. 18, 1994]. 2. Administrator or chief clerical officer of the court. 3. The Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasi-judicial bodies, it refers to an officer holding an equivalent or similar position. The term shall also include an officer holding a similar position in agencies exercising quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. Client. One who engages the ser-vices of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his

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behalf and usu. for a fee. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 5]. Clientele. Clients collectively. Climate. The weather conditions prevailing in an area in general or over a long period. Climate change. A change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity. [Sec. 3, RA 10121; Sec. 3, RA 9729]. Climate Change Act of 2009. RA 9729 entitled An Act Mainstreaming Climate Change into Govt. Policy Formulations, Establishing the Framework Strategy And Program on Climate Change, Creating for this Purpose the Climate Change Commission, and for Other Purposes enacted on Oct. 23, 2009. Climate Change Commission. The sole policy-making body of the govt. which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the govt. relating to climate change pursuant to the provisions of RA 9729. Climate Risk. The product of climate and related hazards working over the vulnerability of human and natural ecosystems. [Sec. 3, RA 9729]. Climate Variability. The variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events. [Sec. 3, RA 9729]. Climax. The most intense, exciting, or important point of something. Clinic. A place in which patients avail of medical consultations or treatments on an out-patient basis. However, any clinic or dispensary where there is at least 6 beds or cribs or bassinets installed for 24-hour use by patients shall be construed to fall within the definition of a hospital as described in RA 4226. [Sec. 2, RA 4226]. CLOA. See Certificate of Land Ownership Award. Close corporation. A corporation whose articles of incorporation provide that: (a) all the corporation's issued stock of all classes, exclusive of treasury shares, shall be held of record by not more than a specified number of persons, not exceeding 20; (b) all the issued stock of all classes shall be subject to one or more specified restrictions on transfer permitted by Title XII of the Corp. Code; and (c) the corporation shall not list in any stock exchange or make any public offering of any of its stock of any class. Notwithstanding the foregoing, a corporation shall not be deemed a close corporation when at least 2/3 of its voting stock or voting rights is owned or controlled by another corporation which is not a close corporation within the meaning of the Corp. Code. [Sec. 96, Corp. Code]. Compare with Open corporation. Close of election proceedings. As used in Secs. 3 and 4 of the Implementing Rules of the Labor Code, the phrase refers to that period from the closing of the polls to the counting and tabulation of the votes. [Phil. Fruits and Vegetable

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Ind., Inc. v. Torres, GR 92391. July 3, 1992]. Closed season. 1. The period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philip-pine waters. [Sec. 4, RA 8550]. 2. The period during which fishing is prohibited in a specified area or areas in Phil. waters, or to the period during which the catching or gathering of specified species of fish or fishery or aquatic products or the use of specified fishing gears to catch or gather fish or fishery or aquatic product is prohibited. [Sec. 3, PD 704]. Closed shop. Labor. An enterprise in which, by agreement bet. the employer and his employees or their representatives, no person may be employed in any or certain agreed departments of the enterprise unless he or she is, becomes, and for the duration of the agreement, remains a member in good standing of a union entirely comprised of or of which the employee in interest are a part. [Findlay Millar Timber Co. v. Phil. Land-Air-Sea Labor Union, GR L-18217 & L-18222. Sep. 29, 1962]. Closed-end company. Any investment company other than an open-end company. [Sec. 5, RA 2629]. See Open-end company. Closely held corporation. Any corporation at least 50% in value of the outstanding capital stock or at least 50% of the total combined voting power of all classes of stock entitled to vote is owned directly or indirectly by or for not more than 20 individuals. [Sec. 127, NIRC as amended]. Closing argument. The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence. Closing out sale. A consumer sale wherein the seller uses the announcement to create the impression that he is willing to give large discounts or merchandise in order to reduce, dispose or close out his inventory and business. [Art. 4, RA 7394]. Clothier. One who makes or sells cloths or clothing; esp., one who sells readymade clothing. [Hashim v. Posadas, GR 24402. Feb. 19, 1926]. Compare with Tailor. Cloud. An apparent claim or encumbrance, such as a lien, [on title]. Cloud on title. An outstanding instrument, record, claim, encumbrance or proceeding which is actually invalid or inoperative, but which may nevertheless impair or affect injuriously the title to property. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 150]. Cluster. A group of the same or similar elements gathered or occurring closely together. Cluster housing. A single-family attached dwelling containing 3 or more separate living units grouped closely together to form relatively compact structures. [Sec. 3, BP 220]. Cluster of schools. A group of schools which are geographically contiguous and brought together to improve the learning outcomes. [Sec. 4, RA 9155]. CMP. See Community Mortgage Program.

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COA. See Commission on Audit. Coaccion. Sp. Unlawful coercion. [US v. Mena, GR 4812. Oct. 30, 1908]. Coal. A black or brownish-black solid combustible rock formed by the accumulation, decomposition and compaction of plant materials under a long acting geological process. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Coal Development Act of 1976, The. PD 972 entitled Promulgating an Act to promote an accelerated exploration, development, exploitation, production and utilization of coal signed into law on July 28, 1976. Coal mine operator. Any person or instrumentality (whether natural or juridical) who is engaged in coal production and/or operation of coal-mining facility. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Coal-fired power plant. An electricitygenerating plant which utilizes coal (whether locally produced or imported) as fuel. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Coalition. An aggrupation of duly registered national, regional, sectoral parties or organizations for political and/or election purposes. [Sec. 3, RA 7941]. Coast. The part of the land near the sea; the edge of the land. Coast Guard Law. RA 5173 entitled An Act creating a Phil. Coast Guard, prescribing its powers and functions, appropriating the necessary funds therefor, and for other purposes enacted on Aug. 4, 1967, as amended by PD 601 signed into law on Dec. 9, 1974. Coast police. An easement imposed, under Arts. 8 to 10 of the Spanish Law of Waters of 1886, upon estates adjacent to the sea or its shores consisting in the obligation of leaving a clear way not to exceed 6 meters in breadth and marked off by the govt. within the terrestrial coast zone. Coast sea. The maritime zone encircling the coasts, to the full width recognized by international law. The States provides for and regulates the police supervision and uses of this zone, as well as the right of refuge and immunity therein, in accordance with law and international treaties. [Amada v. Dir. of Lands, GR 6866. Aug. 31, 1912]. Coastal. 1. Of, relating to, or near a coast. 2. Littoral; inshore; waterside. Coastal area or zone. A band of dry land and adjacent ocean space [water and submerged land] in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of 1 kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, sea grass beds and other soft-bottom areas. [Sec. 4, RA 8550]. Coastline. The outline of a coast, esp. with regard to its shape and appearance. Coastwise or interisland shipping service. A water transport service which is not considered as a continuation of the highway when the 2 terminals are separated by an open sea. [San Pablo v.

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Pantranco South Express, Inc. GR L61461 & 61501. Aug. 21, 1987]. Compare with Ferryboat service. Cock. A male bird, esp. a rooster. Cockfighting. The commonly known game or term: cockfighting derby, pintakasi or tupada, or its equivalent terms in different Phil. localities. [Sec. 4, PD 449]. Cockfight. A match in a cockpit bet. 2 fighting cocks heeled with metal gaffs. Cockfighting Law of 1974. PD 449 signed into law on May 9, 1974. Cockpit. A pit or ring for cockfighting. [US v. Estapia, GR L-12891. Oct. 19, 1917]. Coconut. The large, oval, brown seed of a tropical palm, consisting of a hard shell lined with edible white flesh and containing a clear liquid. Coconut Preservation Act of 1995. RA 8048 entitled An Act Providing For The Regulation Of The Cutting Of Coconut Trees, Its Replenishment, Providing Penalties Therefor And For Other Purposes enacted onn June 7, 1995. Coconut tree. A tall pinnate-leaved palm bearing a large edible fruit called the coconut. [Sec. 3, RA 8048]. COD. See Cash on delivery. Coddler. Pamperer; someone who pampers or spoils by excessive indulgence. See Protector. Code. A system of words or other symbols arbitrarily used to represent words. [Sec. 42, RA 5921]. Code of Commerce. The Spanish Code of Commerce of 1885 with some adaptations made by the Comision de Codificacion de las Provincias de Ultramar, extended to the Phils. by the Royal Decree dated Aug. 6, 1888, and became effective on Dec. 1, 1888. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 1]. Code of Conduct and Ethical Standards for Public Officials and Employees. RA 6713 entitled An Act establishing a code of conduct and ethical standards for public officials and employees, to uphold the time-honored principle of public office being a public trust, granting incentives and rewards for exemplary service, enumerating prohibited acts and transactions and providing penalties for violations thereof and for other purposes enacted on Feb. 20, 1989. Code of Judicial Conduct. The rules of conduct that govern the members judiciary in the Phils. [Promulgated by theb SC on 5 Sept. 1989 and took effect on 20 Oct. 1989]. Code of Muslim Personal Laws of the Philippines. PD 1083 entitled A Decree to ordain and promulgate a code recognizing the system of Filipino Muslim laws, codifying Muslim personal laws, and providing for its administration and for other purposes signed into law on Feb. 4, 1977. Code of Professional Responsibility. The rules of conduct that govern the legal profession in the Phils. [Promulgated June 21, 1988 by the IBP]. Code on Sanitation of the Philippines. PD 856 enacted on Dec. 23, 1975.

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Codicil. 1. A supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered. [Art. 825, CC]. 2. An amendment to an existing will. It does not mean that the will is totally changed; just to the extent of the codicil. Coercion. Exertion of physical violence or moral pressure upon a person in a manner that is determined and constant until the lawful purpose is realized. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., pp. 687]. Coercion and influence. The offense committed by any person who coerces, influences, abets or persuades the public officer or employee referred to in Secs. 74 and 75 of PD 705 [Forestry Reform Code] to commit any of the acts mentioned therein. [Sec. 76, PD 705]. Coercions (compulsory purchase of merchandise). Crim. Law. The felony committed by any person, agent or officer, of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind. [Art. 288, RPC]. Coercions (payment of wages by means of tokens). Crim. Law. The felony committed by any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the laborer or employee. [Art. 288, RPC]. Co-generation facility. A facility which produces electrical and/or mechanical energy and forms of useful thermal energy such as heat or steam which are used for industrial commercial heating or cooling purposes through the sequential use of energy. [Sec. 4, RA 9136]. Cogent. Having the power to influence or convince; powerfully persuasive. Cogitationis poenam nemo meretur. Lat. No man deserves punishment for his thoughts. [Salonga v. Pao, GR L59524. Feb. 18, 1985]. Cognition. The mental action or process of acquiring knowledge and understanding through thought, experience, and the senses. A result of this; a perception, sensation, or intuition. Cognition test. Crim. Law Complete deprivation of intelligence in committing the [criminal] act. Compare with Volition. Cognition theory. Under this theory, acceptance is considered to effectively bind the offeror only from the time it came to his knowledge. [Suggested Answer for the 1997 Bar, UPLC, (2002), p. 55]. Compare with Manifestation theory. Cognovit. A written confession of an action by a defendant, subscribed but not sealed, and authorizing the plaintiff to sign judgment and issue execution, usu. for a sum named. Cognovit actionem. Lat. He has confessed the action. A defendants written confession of an action brought against him to which he has no available defense. It is usu. upon condition that he shall be allowed a certain time for the payment of the debt or damages, and

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costs. It is supposed to be given in court, and it impliedly authorizes the plaintiffs attorney to sign judgment and issue execution. Cognovit clause. A contractual provision whereby a party agrees to the entry of a judgment against him in a particular court or courts without any notice or opportunity to present a defense if he should default on his obligations or otherwise breach the contract. Cognovit judgment. Confession of judgment by the debtor. Written authority of the debtor and his direction for the entry of judgment against him in the event he shall default in payment. Such provision in a debt instrument or agreement permits the creditor or his attorney on default to appear in court and confers judgment against the debtor. Cognovit note. An extraordinary note which authorizes an attorney to confess judgment against the person or persons signing it. It is a written authority of a debtor and a direction by him for the entry of judgment against him if the obligation set forth in the note is not paid when due. Such judgment may be taken by any person holding the note which cuts off every defense which the maker of the note may otherwise have and it likewise cuts of all rights of appeal from any judgment taken on it. COGSA. See Carriage of Goods by Sea Act. Cohabit. To dwell or live together as husband and wife; to live together as husband and wife although not legally married; to live together in the same house, claiming to be married; to live together at bed and board. [People v. Pitoc, GR 18513. Sep. 18, 1922]. Cohabitation. The term implies living together and having repeated sex. [Bitangcor v. Tan, Adm. Case 528-SBC. Feb. 25, 1982]. 2. The public assumption by a man and woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such. Also Live-in Relationship. Coin. A piece of round metal, which may sometimes be square or any shape either of gold, silver, nickel or copper representing definite intrinsic or exchange value, issued by the govt. authority to be used as money, and usu. bearing on one side, commonly called the obverse, an allegory, sign, shield, effigy, design, etc., containing the inscription or legend incl. all letters and numerals of the coin. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 442]. Co-insurance. The percentage in the value of the insured property which the insured himself assumes or undertakes to act as insurer to the extent of the deficiency in the insurance of the insured property. In case of loss or damage, the insurer will be liable only for such proportion of the loss or damage as the amount of insurance bears to the designated percentage of the full value of the property insured. [Suggested Answer for the 1994 Bar, UPLC, (2002), p. 107]. Compare with Reinsurance. Coitus. 1. Sexual intercourse. [People v. Tan, GR 89316. July 12, 1990]. 2. Copulation. [People v. Padan, GR L7295. June 28, 1957]. COLA. See Cost of Living Allowance.

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Co-lessee. One who jointly with another enters into a contract of lease with the lessor and who binds himself to perform the obligations of such lessee. Collaboration. The acts of working together in a joint project. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. Collate. To arrange in order; verify arrangement of pages before binding or fastening; put together. Collateral. 1. N. Property which has been committed to guarantee a loan. 2. Adj. Serving to support or corroborate. 3. Adj. Having an ancestor in common but descended from a different line. Collateral agreement. Evid. A contract made prior to or contemporaneous with another agreement. Collateral attack. 1. An attempt to impeach or overturn a judgment rendered in a judicial proceeding, made in a proceeding other than within the original action or an appeal from it. 2. One that is made when, in another action to obtain a different relief, an attack on the judgment is made as an incident in said action. This is proper only when the judgment, on its face, is null and void, as where it is patent that the court which rendered said judgment has no jurisdiction. [Macabingkil v. PHHC, 72 SCRA 326 (1976)]. Compare with Direct attack (against a judgment). Collateral attack of corporate existence. One whereby corporate existence is questioned in some incidental proceeding not provided by law for the express purpose of attacking the corporate existence. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 152]. Collateral attack on a title. [This] transpires when, in another action to obtain a different relief and as an incident to the present action, an attack is made against the judgment granting the title. [Teoville Homeowners Assoc., Inc. v. Ferreira, GR 140086, June 8, 2005, 459 SCRA 459, 474]. See Indirect attack on a title. Collateral damage. Unintended damage, injuries, or deaths caused by an action, esp. unintended civilian casualties caused by a military operation. Collateral descendant. A descendant that is not direct, such as a niece or a cousin. Collateral estoppel. A doctrine by which an earlier decision rendered by a court in a lawsuit bet. parties is conclusive as to the issues or controverted points so that they cannot be relitigated in subsequent proceedings involving the same parties. See Conclusiveness of Judgment. Collateral estoppel doctrine. A doctrine that prevents a person from relitigating an issue. Once a court has decided an issue of fact or law necessary to its judgment, that decision preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case. Also called Preclusion of issues doctrine. Collateral facts. Facts that are outside the controversy, or are not directly connected with the principal matter or issue in dispute, as indicated in the pleadings of the parties. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 61].

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Collateral fraud. Fraud that prevents a party from knowing his rights or from having a fair opportunity of presenting them at trial. See Extrinsic fraud. Collateral line. That constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. [Art. 964, CC]. Compare with Direct line. Collateral trust bond. Corp. Law. Bond secured by a lien on securities deposited with a trustee constituting collateral. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Collateral-free arrangement. A financial arrangement wherein a loan is contracted by the debtor without the conventional loan security of a real estate or chattel mortgage in favor of the creditor. In lieu of these conventional securities, alternative arrangements to secure the loans and ensure repayment are offered and accepted. [Sec. 3, RA 8425]. Collation. Succ. 1. The act of bringing into the mass of the estate any property or right which a compulsory heir, who succeeds with other compulsory heirs, may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition. [Art. 1061, CC]. 2. The fictitious mathematical process of adding the value of the thing donated to the net value of the hereditary estate. [Art. 908 and Arts. 10611077, CC]. Collecting agency. Any person other than a practicing Attorney-at-Law engaged in the business of collecting or suing debts or liabilities placed in his hands, for said collection or suit, by subscribers or customers applying and paying therefor. [Sec. 1, PD 426]. See Mercantile agency. Collection expense. An expense incurred to collect an obligation. It is in the nature of actual damages and therefore must be duly proved. Collection or Collecting. The act of gathering or harvesting wildlife, its byproducts or derivatives. [Sec. 5, RA 9147]. Collective. Indicating a number of persons or things considered as constituting one group or aggregate. [Hacienda Luisita, Inc. v. PARC, GR 171101, July 5, 2011]. Collective bargaining. Labor. It denotes, in common usage as well as in legal terminology, negotiations looking toward a collective agreement. [Pampanga Bus Co. v. Pambusco Employees' Union, 68 Phil. 541]. Collective bargaining agreement (CBA). Labor. 1. The negotiated contract bet. a legitimate labor organization and the employer concerning wages, hours of work and all other terms and conditions of employment in a bargaining unit, incl. mandatory provisions for grievances and arbitration machineries. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A contract executed upon request of either the employer or the exclusive bargaining representative incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, incl. proposals for adjusting any grievances or questions arising under such

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agreement. [Davao Integrated Port Stevedoring Services v. Abarquez, GR 102132. Mar. 19, 1993]. Collective bargaining agreement, Gross violations of. Labor. Flagrant and/or malicious refusal to comply with the economic provisions of the Collective Bargaining Agreement (CBA), which act is considered as an unfair labor practice cognizable by the labor arbiter. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. Collective bargaining unit (CBU). Labor. A group of employees of a given employer, comprised of all or less than all of the entire body of employees, which the collective interests of all the employees, consistent with equity to the employer, indicate to be best suited to serve reciprocal rights and duties of the parties under the collective bargaining provisions of the law. [Belyca Corp. v. Ferrer-Calleja, GR L-77395. Nov. 29, 1988]. Collective mark. 1. Any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, incl. the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. [Sec. 40, RA 166]. 2. A mark or symbol used by a group to identify itself to its members. Collective ownership. [Ownership that] is permitted in 2 provisions of RA 6657. Its Sec. 29 allows workers cooperatives or associations to collectively own the land, while the 2nd par. of Sec. 31 allows corporations or associations to own agricultural land with the farmers becoming stockholders or members. . [Hacienda Luisita, Inc. v. PARC, GR 171101, July 5, 2011]. Collective work. A work which has been created by 2 or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified. [Art. 171, RA 8293]. Collectively. In a collective sense or manner; in a mass or body. [Hacienda Luisita, Inc. v. PARC, GR 171101, July 5, 2011]. Collector. Any person or institution who acquires cultural properties and national cultural treasures for purposes other than sale. [Sec. 3, RA 4846]. Collector or agent (cabo, cobrador, coriador or variants thereof). Any person who collects, solicits or produces bets in behalf of his/her principal for any illegal numbers game who is usu. in possession of gambling paraphernalia. [Sec. 2, RA 9287]. Collegial. [A term] relating to a collegium or group of colleagues. [Jamsani_Rodriguez v. Ong, AM 08-19SB-J, Aug. 24, 2010]. Collegial court. [A court the] members [of which] act on the basis of consensus or majority rule. [Jamsani_Rodriguez v. Ong, AM 08-19-SB-J, Aug. 24, 2010]. Collegium. An executive body with each member having approximately equal power and authority. [Jamsani_Rodriguez v. Ong, AM 08-19SB-J, Aug. 24, 2010].

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Collide. To come into violent contact; strike violently against each other. Collision. Mar. Law. 2 moving vessels which crash into each other. Collude. Come to a secret understanding for a harmful purpose; conspire. Collusion. A secret agreement bet. 2 or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a 3rd party. Collusive action. From Lat. cullosio: a secret understanding. A suit where the parties are not at odds but where they cooperate to obtain a judgment. Colon. 1. The main part of the large intestine. 2. A punctuation mark (:) indicating. Colon cancer. Also known as colorectal cancer or large bowel cancer, [it] includes cancerous growths in the colon, rectum and appendix. Colorectal cancers arise from adenomatous polyps in the colon. These mushroom-shaped growths are usu. benign, but some develop into cancer over time. [Leonis Navigation Co., Inc. v. Villamater, GR 179169. Mar. 3, 2010]. Also Colorectal cancer or Large bowel cancer. Colorable. False; counterfeit; something that is false but has the appearance of truth. Colorable imitation. 1. Close or ingenious imitation as to be calculated to deceive ordinary persons, or such a resemblance to the original as to deceive an ordinary purchaser giving such attention as a purchaser usu. gives, and to cause him to purchase the one supposing it to be the other. [Etepha v. Dir. of Patents, GR L-20635. Mar. 31, 1966]. 2. Such similarity in form, content, words, sound, meaning, special arrangement, or general appearance of the trademark or trade-name with that of the other mark or trade name in their over-all presentation or in their essential, substantive and distinctive parts as would likely mislead or confuse persons in the ordinary course of purchasing the genuine article. [Emerald Garment v. CA, GR 100098. Dec. 29, 1995]. Colorable title. That title which a person has when he acquired the thing in good faith from whom he believes to be the owner. Colorectal cancer. See Colon cancer. Co-maker. Also called a Co-signer. One who assumes full responsibility for a debt if the borrower does not or cannot repay the obligation as promised. They document their acceptance of this responsibility by signing the promissory note. Combat. Fighting bet. armed forces. Combatants. Intl. Law. 1. Those who engage directly or indirectly in the hostilities. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 2. 135]. [Those persons who] may lawfully wage war and are thus subject to direct attack from the enemy. When captured, [they] are entitled to treatment as prisoners of war. Combination in restraint of trade. An agreement or understanding bet. 2 or more persons, in the form of a contract, trust, pool, holding company, or other form of association, for the purpose of unduly restricting competition, monopolizing trade and commerce in a certain

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commodity, controlling its production, distribution and price, or otherwise interfering with freedom of trade without statutory authority. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997]. Compare with Monopoly. Combustible. Able to catch fire and burn easily. Combustible fiber. Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce. [Sec. 3, RA 9514; Sec. 3, PD 1185]. Combustible liquid. Any liquid having a flash point at or above 37.8_C (100_F). [Sec. 3, RA 9514; Sec. 3, PD 1185]. Combustible, flammable or inflammable. Descriptive of materials that are easily set on fire. [Sec. 3, RA 9514; Sec. 3, PD 1185]. Combustion. A chemical change, esp. oxidation, accompanied by the production of heat and light. Comelec. See Commission on Elections. Comfort women. Women victims forced by the [Japanese] military [during World War II] into barracks-style stations divied into tiny cubicles where they were forced to live, sleep, and have sex with as many as 30 soldiers per day. [Vinuya v. Romulo, GR 162230, Apr. 28, 2010]. Comfort women system. The system established by the Japanese government to end international condemnation of the 1937 incident known as the Rape of Nanking under which the [Japanese] military could simultaneously appease soldiers' sexual appetites and contain soldiers' activities within a regulated environment. [Vinuya v. Romulo, GR 162230, Apr. 28, 2010]. See Rape of Nanking. Coming to court with unclean hands. An equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint - that is, with unclean hands. See Unclean or Dirty hands. Comitas gentium or Comity. A principle in public international law which recognized and requires reciprocal gestures of courtesies among sovereign states concerning one anothers actions based on customs duties of personal article belonging to diplomats in a countrys jurisdiction, or lifting of visa restrictions for short periods of stay. Comity. From Lat. comitas: courteousness; or comitas gentium: the courteousness of nations. 1. The practice or courtesy existing bet. countries whereby the laws and institutions of each are recognized and respected. Comity is to be distinguished from international law, because international law is a binding obligation and comity is not. 2. The doctrine requiring courts of one state to recognize the laws and judgments of competent courts of another state, in order to secure the reciprocal recognition by that foreign state of the laws and the judgments of the 1st state. Command. An authoritative order.

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Command responsibility. An omission mode of individual criminal liability whereby the superior is made responsible for crimes committed by his subordinates for failing to prevent or punish the perpetrators. [Roxas v. MacapagalArroyo, GR 189155. Sept. 7, 2010]. Command responsibility doctrine. The doctrine under which any government official or supervisor, or officer of the PNP or that of any other law enforcement agency shall be held accountable for "Neglect of Duty" if he has knowledge that a crime or offense shall be committed, is being committed, or has been committed by his subordinates, or by others within his area of responsibility and, despite such knowledge, he did not take preventive or corrective action either before, during, or immediately after its commission. [Sec. 1, EO 226. Feb. 17, 1995]. Commencement. A beginning or start. Commencement date. The date on which the court issues the Commencement Order, which shall be retroactive to the date of filing of the petition for voluntary or involuntary proceedings. [Sec. 4, RA 10142]. Commencement of action. Rem. Law. 1. A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. [Sec. 5, Rule 1, RoC]. 2. An action properly commenced - by the filing of the complaint and the payment of all requisite docket and other fees. [Davao Light & Power Co., Inc. v. CA, GR 93262. Nov. 29, 1991]. Commencement Order. The order issued by the court under Sec. 16 of RA 10142. [Sec. 4, RA 10142]. Commerce. 1. That branch of human activity, the purpose of which is to bring products to the consumer by means of exchanges or operations which tend to supply and extend to him, habitually, with intent to gain at the proper time and place and in good quality and quantity [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 1]. 2. The sale, lease, exchange, traffic or distribution of goods, commodities, productions, services or property, tangible or intangible. [Art. 4, RA 7394]. Commercial. Viewed with regard for profit. Designed for profit. Commercial air transport operation. A flight carrying passengers, cargo or mail for remuneration or hire where the principal purpose for their carriage is to transport them, and where a seat on the flight or the right to have cargo or mail carried is available to any member of the public, shall be deemed to be for commercial air transport. This includes flights carrying passengers for remuneration or hire, which begins and ends at the same aerodrome. See Air commerce. Commercial arbitration. An arbitration that covers matter arising from all relationships of a commercial nature, whether contractual or not. [Sec. 3, RA 9285]. Commercial bank. A business firm that maintains custody of money deposited

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by its customers and pays on drafts written by its customers. It earns its profits by investing the money it has on deposit. Commercial blood bank. A blood bank that exists for profit. [Sec. 3 (c), RA 7719]. Commercial broker. The term includes all persons other than importers, manufacturers, producers or bona fide employees, who, far compensation or profit, sell or bring about sales or purchases of merchandise for other persons, or bring proposed buyers and sellers together, or negotiate freight or other business for owners of vessels, or other means of transportation, or for the shippers, or consignors or consignees of freight carried by vessels or other means of transportation. The term includes commission merchant. [Ker & Co. Ltd. v. Lingad, GR L-20871. Apr. 30, 1971]. Commercial contract. The agreement bet. 2 or more merchants, and at times bet. those who are not, whereby they bind themselves to give or to do something in commercial transactions. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 45]. Commercial document. Any instrument executed in accordance with the Code of Commerce or any mercantile law containing disposition of commercial rights or obligations. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 450]. Commercial establishments. Department stores, supermarkets, shopping malls, office buildings, hotels, theaters, stadiums, condominiums, convention centers, restaurant and the like, used for business or profit. [Sec. 2, RA 7920]. Commercial farms. Private agricultural lands which are devoted to commercial livestock, poultry and swine raising, and aquaculture incl. saltbeds, fishponds and prawn ponds, fruit orchards, vegetable and cutflower farms, and cacao, coffee and rubber plantations. Note that these commercial farms are also subject to government acquisition upon payment of just compensation under the agrarian reform program. [Sect. 11, RA 6657, CARL]. Commercial fishing. 1. The taking of fishery species by passive or active gear for trade, business & profit beyond subsistence or sports fishing, to be further classified as: (a) Small scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to 20 GT; (b) Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT up to 150 GT; and 3. Large commercial fishing - fishing utilizing active gears and vessels of more than 150 GT. [Sec. 4, RA 8550]. 2. Fishing for commercial purposes in waters more than 7 fathoms deep with the use of fishing boats more than 3 gross tons. [Sec. 3, PD 704; Sec. 3, PD 43]. Commercial forest. Forest of commercial tree species in which the volume of trees with 15 cm and over in diameter at breast height and merchantable height of at least 5 meters measured from the base up to the 1st branch, is 40 cubic meters or more per hectare. Commercial land. Land devoted principally to commercial purposes, and gen-

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erally for the object of profit. [Sec. 3, PD 464]. Commercial law. 1. That branch of private law which regulates the juridical relations arising from commercial acts. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 1]. 2. The whole body of substantive jurisprudence applicable to the rights, intercourse and relations of persons engaged in commerce, trade, or mercantile pursuits. Commercial letter of credit. 1. An instrument by which a bank, for the account of a buyer of merchandise, gives formal evidence to a seller, of its willingness to permit the seller, to draw bills against it, and stipulates in legal form that all such bills will be honored. 2. An instrument by which a banker, for account of a buyer, gives formal evidence to a seller of its willingness to permit him to draw on certain terms and stipulates in legal form that all such bills will be honored, is what has come to be known as a commercial letter of credit Commercial logging. The cutting, felling or destruction of trees from old growth and residual forests for the purpose of selling or otherwise disposing of the cut or felled logs for profit. [Sec. 3, RA 7611]. Commercial papers. 1. Instruments evidencing indebtedness of any person or entity which are issued, endorsed, sold or transferred or in any manner conveyed to another person or entity, with or without recourse. [Perez v. CA, GR L56101. Feb. 20, 1984]. 2. An alternative name for a negotiable instrument. Commercial registry. 1. A book where entries are made of merchants and of documents affecting their commercial transactions. 2. An office established for the purpose of copying and recording verbatim certain classes of documents of commercial nature. Commercial sand and gravel permit. The permit granted by the provincial governor to any qualified person to extract and remove sand and gravel or other loose or unconsolidated materials which are used in their natural state, without undergoing process-sing from an area of not more than 5 hectares and in such quantities as may be specified in the permit. [Sec. 46, RA 7942]. Commercial scale fishpond production. Production of fish in fully developed fishpond of not less than 500 Kgs. of production per hectare per year. [Sec. 3, PD 43]. Commercial scale. A scheme of producing a minimum harvest per hectare per year of milkfish or other species incl. those raised in pens, cages, and tanks. [Sec. 4, RA 8550]. Commercialization. The process of incl. a new agricultural and fishery technology either as product, process or service that has undergone the intensive innovative activities of assessment, promotion and transfer for economic benefit. [Sec. 3, RA 10068]. Commission. 1. Admin. Law. (a) The formal evidence of the appointment. The [required] written memorial that can render title to public office indubitable. [Valencia v. Peralta, 118 Phil. 691 (1963)]. (b) A board or committee of officials appointed and empowered to perform cer-

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tain acts or exercise certain jurisdiction of a public nature or service. [GMCR v. Bell Telecom, GR 126496. Apr. 30, 1997]. 2. Crim. Law. Doing or preparation; the performance of an act. [Torres v. Gonzales, GR 76872. July 23, 1987]. 3. Not. Rules. The grant of authority to perform notarial acts and to the written evidence of the authority. [Sec. 3, Rule II, AM 02-8-13-SC]. 4. Rem. Law. An instrument issued by a court of justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court or tribunal. [Dasmarias Garments v. Reyes, GR 108229. Aug. 24, 1993]. 5. Comm. Law. A percentage or allowance made to a factor or agent for transacting business for another [People v. Sua Bok, 1 OG 689]. Commission agent. An agent who is authorized to buy or sell for the principal personal property and for which purpose said personal property is placed in his possession. [Diaz, Bus. Law Rev., 1991 Ed., p. 165]. See Factor. Commission of another crime during service of penalty imposed for another offense. The commission by any person of a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same. [Art. 160, RPC]. Commission on Appointments. The body created under Sec. 18, Art. VI of the 1987 Consti. which acts on all appointments submitted to it [by the Exec. Dept.] within 30 session days of the Congress from their submission. It consists of the Pres. of the Senate, as ex officio Chairman, 12 Senators, and 12 Members of the House of Reps., elected by each House on the basis of proportional representation from the political parties or organizations registered under the party-list system represented therein. Commission on Audit (COA). It is not an executive agency (but) is one of the 3 independent constitutional commissions. It is vested with the power and authority, and charged with the duty, to examine, audit and settle all accounts pertaining to the expenditures or uses of funds owned by or pertaining to, the Govt. or any of its subdivisions, agencies, or instrumentalities. [Comm. of Int. Rev. v. COA, GR 101976. Jan. 29, 1993]. Commission on Elections (Comelec). An independent constitutional body created by a 1940 amendment to the 1935 Consti. Since then, its membership was enlarged and its powers expanded by the 1973 and 1987 Consti.s. The Commission exercises not only administrative and quasi-judicial powers, but judicial power as well. Commission on Higher Education (CHED). The governing body covering both public and private higher education institutions as well as degree-granting programs in all tertiary educational institutions in the Phils. The CHED was established in May 18, 1994 through RA 7722 or the Higher Education Act of 1994. Commission on Human Rights (CHR). An independent office created by the Consti. of the Phils., with the primary function of investigating all forms of human rights violations involving civil and political rights in the Phils. Commission on the Filipino Language Act. RA 7104 entitled An Act creating

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the Commission on the Filipino Language, prescribing its powers, duties and functions, and for other purposes enacted on Aug. 14, 1991. Commissioner. A person to whom a case pending in court is referred, for him to take testimony, hear the parties and report thereon to the court, and upon whose report, if confirmed, judgment is rendered. Also called Referee. Commit. To send a person to prison, asylum, or reformatory by a court order. Commitment or Surrender of a child. The legal act of entrusting a child to the care of the DSWD or any duly licensed child placement agency or individual. [Art. 141, PD 603]. Committee. Any body entrusted with specific functions and responsibilities under the bylaws or resolution of the general assembly or the board of directors. [Sec. 1, RA 9520]. Committee on Bar Discipline (CBD). The committee of the IBP which is specifically tasked with disciplining members of the Bar. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. Commixtion. The mixture of things, solid or liquid, belonging to different owners, the mixture of liquids being more specifically called Confusion. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 99]. Commodatum. A contract of loan whereby one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it. [Art. 1933, CC]. Compare with Simple loan. Commodity. A physical substance, such as food, grains, and metals, which is interchangeable with another product of the same type, and which investors buy or sell, usu. through futures contracts. Commodity futures contract. An agreement to buy or sell a specified quantity and grade of a commodity at a future date at a price established at the floor of the exchange. [Onapal Phils. Commodities, Inc. v. CA, GR 90707. Feb. 1, 1993]. Commodity treatment. Any form of treatment applied to plants, plant products, and other materials capable of harboring plant pests, for the purpose of destroying or eliminating any infection or infestation caused by plant pests. [Sec. 2, PD 1433]. Commodum ex injuria sua nemo habere debet. Lat. No one ought to be a gainer by his own wrong. [Ramos v. Central Bank, GR L-29352. Jan. 21, 1986]. Common areas. Property owned or otherwise maintained, repaired or administered in whole or in part by the association incl., but not limited to, roads, parks, playgrounds and open spaces as provided in PD 1216. [Sec. 3, RA 9904]. Common areas and facilities. Portions of the condominium property not included in the units. [GOAL, Inc. v. CA, GR 118822. July 28, 1997]. Compare with Unit. Common carriers. Also Public carriers. 1. Persons, corporations, firms or associations engaged in the business of car-

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rying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. [Art. 1732, CC]. 2. Any transportation facility which publicly undertakes to transport persons or property for a stated price and without restriction. [Torres, Oblig. & Cont., 2000 Ed., p. 348]. Compare with Private carrier. Common expense. Costs incurred by the association to exercise any of the powers provided for in RA 9904. [Sec. 3, RA 9904]. Common interest. The interest that will allow parties to join in a bill of complaint, or that will enable the court to dispense with the presence of all the parties, when numerous, except a determinate number, is not only an interest in the question, but one in common in the subject Matter of the suit; x x x a community of interest growing out of the nature and condition of the right in dispute. [Cited Sulo ng Bayan, Inc. v. Araneta, Inc., GR L-31061 Aug. 17, 1976]. Common knowledge. Things of which courts take judicial notice, [which] may be matters coming to the knowledge of men generally in the course of the ordinary experiences of life, or may be matters which are generally accepted by mankind as true and are capable of ready and unquestioned demonstration. [State Prosecutors v. Muro, AM RTJ-92876. Sep. 19, 1994]. Common knowledge, Things of. Things coming to the knowledge of men generally in the course of the ordinary experiences of life, or matters which are generally accepted by mankind as true and are capable of ready and unquestioned demonstration [of which courts take judicial notice]. [Expertravel & Tours, Inc. v. CA, GR 152392, 26 May 2005]. Common law. 1. Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years. Because it is not written by elected politicians but, rather, by judges, it is also referred to as unwritten law. 2. Law established by subject matter heard in earlier cases. Also Case law. Common law marriage. Usu. referred to as Live-in Relationship, a union of 2 people who agree to live together as man and wife without the benefit of legal or formal ceremony. See Cohabitation. Common open markets. Also Palengke. [Markets] with dry and wet sections, foodstalls, fruit and vegetable sections, etc., where the retailers or market stall operators are lessees who pay fixed rents for the use of market space. [Cruz v. CA, GR L-44178. Aug. 21, 1987]. Common reputation. Reputation existing previous to the controversy, respecting facts of public or general interest more than 30 years old, or respecting marriage or moral character, which may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation. [Sec. 41, Rule 130, RoC]. Common share. 1. A share which entitles the holder thereof to an equal pro rata division of the profits, if there are any, and in its assets upon dissolution, without any preference or advantage in that respect over other stockholder or class of stockholders but equally with all stockholders except preferred stockholders. [De Leon, Corp. Code of the

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Phil. Annotated, 1989 Ed., p. 61]. 2. The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred which, by definition, carry some kind of right or privilege above the common shares [e.g., 1st to receive any dividends]. Compare with Preferred share. Common Staff Support System. [It] embraces the offices or units under the general categories of development and management, general government administration and internal administration. [Sec. 22(3), Admin. Code of 1987]. Common stock. A stock which represents the residual ownership interest in the corporation, a basic class of stock ordinarily and usu. issued without extraordinary rights or privileges that entitles the shareholders to only a pro rata division of profits. Commonwealth. A traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "Republic." Commonwealth Acts. Statutes enacted during the Commonwealth period from 1936 to 1946. [Suarez, Stat. Con., (1993), p. 42]. Commonwealth of the Philippines. The historic predecessor to the presentday Rep. of the Phils. From 1935 to 1946, the Phils. existed as a commonwealth of the US. That Commonwealth was created by theTydingsMcDuffie Act, which was passed by the US Congress in 1934. When Manuel L. Quezon was inaugurated Pres. in 1935, he became the 1st Filipino to head a government of the Phils. Communal. Shared by all members of a community; for common use. Communal claims. Claims on land, resources and rights thereon, belonging to the whole community within a defined territory. [Sec. 4, RA 8371]. Communal forest. 1. A tract of land set aside by the government for the use of the residents of a municipality from which said residents may cut, collect and remove forest products for their personal use conformably with existing laws and regulations. 2. A tract of forest land set aside by the Sec. of the DENR upon the recommendation of the concerned LGU for the use of the residents of a municipality or city. [Sec. 4.1, DENR-DILG Joint Memo. Circ. 98-01]. Communal irrigation system (CIS). An irrigation system that is managed by a bona fide Irrigators Association. [Sec. 4, RA 8435]. Communicate. In contracts of adhesion, like an insurance contract, to serve notice in writing or to correspond and effectively communicate with the assured. Communication. The act of sharing or imparting, as in a conversation. The process by which meanings or thoughts are shared bet. individuals through a common system of symbols (as language signs or gestures). [Ramirez v. CA. GR 93833. Sep. 28, 1995]. Communication to the public of a performance or a sound recording. The transmission to the public, by any medium, otherwise than by broadcasting, of sounds of a performance or the repre-

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sentations of sounds fixed in a sound recording. [Sec. 202, RA 8293]. Communication to the public. The making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them. [Art. 171, RA 8293]. Community. A group of people living together in one place, esp. one practicing common ownership. Community continuum. The aftercare of a child in conflict with the law and is a provides continuous guidance and support to the child in conflict with the law upon release from rehabilitation and subsequent reintegration into society. Community continuum for the child includes timely release, suitable residence, food, clothing, available employment and sufficient means to facilitate successful reintegration in LGU and other appropriate agencies. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Community facilities. Facilities or structures intended to serve common needs and for the benefit of the community, such as: neighborhood, multi-purpose center, health center, drugstore, school, livelihood center, etc. [Sec. 3, BP 220]. Community Mortgage Program (CMP). A socialized housing program which provides for land acquisition by the occupying community association based on the concept of community ownership. It is being implemented through the Social Housing Finance Corp. (SHFC), a subsidiary of the Natl. Home Mortgage Finance Corp. (NHMFC). Community of property. The holdings and resources owned in common by a husband and wife. Also Community property. Community property. 1. It shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. [Art. 91, FC]. 2. It consists of all the property owned by the spouses at the time of the celebration of marriage or acquired thereafter, unless otherwise provided by law or in marriage settlements. [CSCs Guidelines on the use of the rev. SALN form]. Community property. Exceptions: (a) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; (b) property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property; (c) property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. [Art. 92, FC]. Community-Based Disaster Risk Reduction and Management (CBDRRM). A process of disaster risk reduction and management in which at risk communities are actively engaged in the identification, analysis, treatment, monitoring and evaluation of disaster risks in order to reduce their vulnerabilities and enhance their capacities, and where the people are at the heart of decisionmaking and implementation of disaster

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risk reduction and management activities. [Sec. 3, RA 10121]. Community-based programs. The programs provided in a community setting developed for purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for reintegration into his/her family and/or community. [Sec. 4, RA 9344]. Commutation of leave credits, More commonly known as Terminal leave. Commutation applied for by an officer or employee who retires, resigns or is separated from the service through no fault of his own. [Borromeo v. CSC, GR 96032. July 31, 1991]. Commutation of salary. Commutation applied for by an employee during employment when he goes on ordinary leave. [Borromeo v. CSC, GR 96032. July 31, 1991]. Commutation of sentence. 1. The change in the sentence of the court made by the Pres. which consists in reducing the penalty imposed upon the offender. Such substitutes the original penalty. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 323]. 2. The reduction of penalty imposed. Its object is the rehabilitation of the criminal offender. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 3. The reduction of a sentence, as from death to life imprisonment. Compact farmers. Those farmers with adjoining farms operating as a single unit under one management, farm plan and budget. [Sec. 3, RA 10000]. Company. 1. A corporation, a registered partnership, or an association lawfully transacting business in the Phils. [Sec. 3, RA 2629]. 2. A legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives, and empowered with legal rights which are usu. only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. Also known as a Corporation. Company goodwill. The product of a corporate entitys reputation in the business community brought about by the investment and efforts of its stockholders and officers. See also Business goodwill and Goodwill. Company union. Any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by the Labor Code. [Art. 212, LC]. Comparative fault. A rule in maritime law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault. See also Proportionate fault. Comparative injury doctrine. A rule in equity which states that although a person is entitled to injunctive relief, if the injury done to the respondent or the public would be disproportionate, then injunctive relief must be denied. Comparative negligence. 1. A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared

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with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage. 2. The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery. Comparative negligence doctrine. Legal principle under which the contribution of concerned parties to the damage or injury resulting from an accident is computed on the basis of their individual degree of negligence. If 2 parties are equally negligent, no compensation is paid. Comparative responsibility. Also known as Comparative fault in some jurisdictions. A doctrine of tort law that compares the fault of each party in a law suit for a single injury. Fault is determined by examining how responsible each party is for causing the injury, as distinct from examining how much damage each party has directly caused. For instance, a car driver may swerve into another lane, causing traffic behind him to pile up without the swerving car itself being involved in a collision, causing damage to several cars. Though the swerving driver has not directly caused any damage, he is most at fault. Compassionate justice doctrine. The doctrine that the harsh provisions of law and the rigid rules of procedure may sometimes be tempered and dispensed with to give room for compassion. Compelling interest test. A method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes bet. people due to a suspect classification. In order for the statute to be valid, there must be a compelling governmental interest that can be furthered only by the law in question. See Strict scrutiny test. Compendious. Containing or presenting the essential facts of something in a comprehensive but concise way. Compendious substitution. Succ. 1. The substitution of one person for 2 or more heirs. 2. Kind of substitution where one person is designated to take the place of 2 or more heirs. [Art. 860, CC]. Compensable. For which compensation can be obtained. Compensable disease. Any illness accepted and listed by the Employees' Compensation Com-mission (ECC) or any illness caused by the employment subject to proof by the employee that the risk of contracting the same was increased by the working conditions. [Rodriguez v. ECC, GR 46454. Sep. 28, 1989]. Compensable illness. It may be: a) any illness definitely accepted as an occupational disease listed by the Employees Compensation Commission, or b) any illness caused by employment, subject to proof that the risk of contracting the same is increased by working conditions. [Sierra v. GSIS, GR 50954. Feb. 8, 1989]. Compensable injury. Any harmful change in the human organism from any accident arising out of and in the course of the employment. [Honoguin v. ECC, GR 84307. Apr. 17, 1989]. Compensable sickness. Any illness definitely accepted as an occupational disease listed by the Commission, or any

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illness caused by employment subject to proof by the employee that the risk of contracting the same is increased by the working conditions. [PD 626, as amended]. Compensable taking. There is compensable taking when the following conditions concur: (a) the expropriator must enter a private property; (b) the entry must be for more than a momentary period; (c) the entry must be under warrant or color of legal authority; (d) the property must be devoted to public use or otherwise informally appropriated or injuriously affected; and (e) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property. [Assoc. of Small Landowners in the Phil. v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. Compensacion. Sp. This is also known as set-off which is a money demand by the defendant against the plaintiff arising upon contract and constituting a debt independent of and unconnected with the cause of actions set forth in the complaint, and may be used to offset a plaintiffs claim but not to recover affirmatively. [Korea Exchange Bank v. Gonzales, 456 SCRA 224]. Compensatio morae. Lat. Delay committed by both parties in reciprocal obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Compensation. 1. Labor. The basic pay or salary received by an employee, pursuant to his employment or appointment, excluding per diems, bonuses, overtime pay, and allowances. [Sec. 2, PD 1146]. 2. Civ. Law. It takes place when 2 persons, in their own right, are creditors and debtors of each other. [Art. 1278, CC]. Compensation. Civ. Law. It takes place when 2 persons, in their own right, are creditors and debtors of each other. [Art. 1278, CC]. Compensation. Civ. Law. Kinds: (a) Total when both obligations are of the same amount and are entirely extinguished; (b) partial when the 2 obligations are of different amounts and the 2 obligations will be extinguished only as to the concurrent amounts; (c) legal when it takes place by operation of law even without the knowledge of the parties; (d) voluntary when it takes place by agreement of the parties; and (e) judicial when it takes place by order of court in a litigation. [Diaz, Bus. Law Rev., 1991 Ed., p. 52]. Compensation. Civ. Law. Requisites: In order that compensation may be proper, it is necessary (a) that each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (b) that both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (c) that the 2 debts be due; (d) that they be liquidated and demandable; (e) that over neither of them there be any retention or controversy, commenced by 3rd persons and communicated in due time to the debtor. [Art. 1279, CC]. Compensation and Position Classification Act of 1989. RA 6758 entitled An Act prescribing a revised compensation and position classification system in the govt. and for other purposes enacted on Aug. 21, 1989. Also known as Salary Standardization Act.

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Compensation or Pay system. A system for determining rates of pay for positions and employees based on equitable principles to be applied uniformly to similar cases. It consists, among others, of the Salary and Wage Schedules for all positions, and the rules and regulations for its administration. [Sec. 3, PD 985]. Compensatory. Providing, effecting, or aiming at compensation, in particular. Compensatory damages. A definite sum of money awarded to the plaintiff by a court as fair and just recompense for injury sustained to a person, property or even reputation. [Torres, Oblig. & Cont., 2000 Ed., p. 347]. 2. Money to be paid for the cost of the injury suffered. See Actual damages. Compensatory interest. Interest as damages for delay in payment (from date of demand to date of payment). [Reins. Co. of the Orient, Inc. v. CA, GR L61250. June 3, 1991]. Compare with Monetary interest. Competence. The quality or state of being functionally adequate or having sufficient knowledge, judgment, skill, or strength. [Re: Anonymous LetterComplaint v. Hon. Runes-Tamang, AM MTJ-04-1558. Apr. 7, 2010]. Competency. A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers. Competent evidence. Evidence not excluded by law in a particular case. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 6]. Competent Evidence of Identity. The identification of an individual based on: (a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or (b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of 2 credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification. [Sec. 12, Rule II, AM 02-8-13SC]. Competent person. One possessed of or characterized by marked or sufficient aptitude, skill, strength, or knowledge. [Re: Anonymous Letter-Complaint v. Hon. Runes-Tamang, AM MTJ-041558. Apr. 7, 2010]. Competition. A struggle for advantage bet. 2 or more forces, each possessing, in substantially similar if not identical degree, certain characteristics essential to the business sought. It means an independent endeavor of 2 or more persons to obtain the business patronage of a 3rd by offering more advantageous terms as an inducement to secure trade. The test must be whether the business does in fact compete, not whether it is capable of an indirect and highly unsubstantial duplication of an isolated or non characteristic activity. [Gokongwei v. SEC, GR L-45911. Apr. 11, 1979].

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Competitive. Having or displaying a strong desire to be more successful than others. Competitive advantage. Competitive edge in terms of product quality and/or price. It likewise refers to the ability to produce a product with the greatest relative efficiency in the use of resources. [Sec. 4, RA 8435]. Competitive bidding. A method of procurement which is open to participation by any interested party and which consist of the following processes: advertisement, pre-bid conference, eligibility screening of bids, evaluations of bids, post-qualification, and award of contract, the specific requirements and mechanics of which shall be defined in the IRR to be promulgated under RA 9184. [Sec. 5, RA 9184]. Complainant. The party who complains or sues; one who applies to the court for legal redress. Complaint. Rem. Law. 1. A concise statement of the ultimate facts constituting the plaintiff's cause or causes of action. It shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable. The names and residences of the parties plaintiff and defendant must be stated in the complaint. [Sec. 3, Rule 6, RoC]. Crim Proc. 2. A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. [Sec. 3, Rule 110, RoC]. Complementarity of contract or Contracts construed together principle. The principle that the implementing agreement cannot vary the main agreement of which it is a part. Complementary. Completing; forming a complement. Complementary contracts construed together doctrine. The doctrine that finds support in the principle that the surety contract is merely an accessory contract and must be interpreted with its principal contract, which x x x was the loan agreement. This doctrine closely adheres to the spirit of Art. 1374 of the Civ. Code which states that - [t]he various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly. [Velasquez v. CA, 309 SCRA 539 (1999)]. Complementary food. Any food, whether manufactured or locally prepared, suitable as a complement to breastmilk or to infant formula, when either becomes insufficient to satisfy the nutritional requirements of the infant. Such food is also commonly called weaning food or breastmilk supplement. [Sec.4, EO 51, Oct. 20, 1986]. Complete. Having all needed parts, elements or details. Thoroughly wrought out or finished. Complete appointment. Admin. Law. 1. [An appointment that is deemed complete] when the commission is signed by the executive, and sealed if necessary, and is ready to be delivered or transmitted to the appointee. [Corpuz v. CA, 348 Phil. 801 (1998). Mechem, Law of Public Office and Officers, 114, at 47]. 2. Appointment (which) becomes complete when the last act required of the ap-

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pointing power is performed. [Lira v. CSC, GR L-62133. Sep. 30, 1986]. Complete defense. A factual circumstance or argument that, if proven, will end the litigation in favor of the defendant. Also Absolute defense. Completeness doctrine. The doctrine holding that a dying declaration to be admissible must be complete in itself. To be complete in itself does not mean that the declarant must recite everything that constituted the res gestae of the subject of his statement, but that his statement of any given fact should be a full expression of all that he intended to say as conveying his meaning in respect of such fact. [People v. De Joya, GR 75028, Nov. 8, 1991]. Completeness of service. Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of 10 days after mailing, unless the court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after 5 days from the date he received the 1st notice of the postmaster, whichever date is earlier. [Sec. 10, Rule 13, RoC]. Completeness test. The test to determine whether or not there is a valid delegation of legislative power under which the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate the only thing he will have to do is enforce it. [Eastern Shipping Lines, Inc. v. POEA, GR L-76633. Oct. 18, 1988]. Compare with Sufficient standard test. Complex. A whole made up of complicated or interrelated parts. Complex crime. 1. The crime that results (a) when a single act constitutes 2 or more grave or less grave felonies, or (b) when an offense is a necessary means for committing the other. [People v. Carandang, GR L-31012. Aug. 15, 1973]. 2. [A crime consisting of] 2 or more crimes actually committed [but which] constitute only one crime in the eyes of the law, as well as in the conscience of the offender. Hence, there is only one penalty imposed for the commission of a complex crime. It has 2 kinds: the 1st is known as compound crime [and] the 2nd is known as complex crime proper. [People v. Elarcosa, GR 186539. June 29, 2010]. Complex crime proper. Also Delito complejo. An offense [which] is a necessary means for committing the other. [People v. Elarcosa, GR 186539. June 29, 2010]. Compare with Compound crime. Complex emergency. A form of humaninduced emergency in which the cause of the emergency as well as the assistance to the afflicted IS complicated by intense level of political considerations. [Sec. 3, RA 10121]. Complex penalty. A penalty prescribed by law composed of 3 distinct penalties each forming a period, the lightest of which shall be the minimum, the next shall be the medium, and the most severe, the maximum. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 284]. Complex subdivision plan. A subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan. [Sec. 2, PD 957].

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Complex transactions. Requests or applications submitted by clients of a govt. office which necessitate the use of discretion in the resolution of complicated issues by an officer or employee of said govt. office, such transaction to be determined by the office concerned. [Sec. 4, RA 9485]. Compare with Simple transactions. Complicated cataract. A cataract caused by disease of the uveal tract, pigmentary retinal degeneration, absolute glaucoma, retinal detachment and old injuries. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Complimentary. Given or supplied free of charge. Complimentary list. A list of alternative drugs used when there is no response to the core essential drug or when there is a hypersensitivity reaction to the core essential drug or when, for one reason or another, the core essential drug cannot be given. [Sec. 3, RA 6675]. Compos mentis. Lat. Sound mind. Having use and control of ones mental faculties. Composicion con el estado. Sp. 1. Title or adjustment title. [Dir. of Forestry v. Muoz, GR L-25459. June 28, 1968]. 2. One of the 5 forms of royal concessions upon which private ownership of land under the Spanish regime could be founded, the others being (1) titulo real or royal grant; (2) concesion especial or special grant; (3) titulo de compra or title by purchase; and (4) informacion posesoria or possessory information title. [Sec. Of DENR v. Mayor Yap, GR 167707, Oct. 8, 2008]. Composite. Made up of various parts or elements. Composite crime. Crim. Law. [A crime] composed of 2 or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse. It is a specific crime with a specific penalty provided by law, and differs from a compound or complex crime under Art. 48 of the Rev. Penal Code. [People v. Villaflores, GR 184926, Apr. 11, 2012]. See Special complex crime. Composite state. It consists of 2 or more states, each with its own separate govt. but bound under one central authority exercising to a greater or less extent control over their external relations and thus forming a separate international person. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. Compare with Simple state. Composition. The action of putting things together; formation or construction. Composition in insolvency. An agreement whereby the creditors of an insolvent agree accept a certain percentage of their claims in full settlement of such claims. It is method of dividing the estate of the insolvent among his creditors. [Sec. 63, Act 1956, Insolvency Act]. Compound. Made up or consisting of several parts or elements, in particular. Compound crime. Also Delito compuesto. A single act [which] constitutes 2 or more grave or less grave felonies. [People v. Elarcosa, GR 186539. June 29, 2010]. Compare with Complex crime proper. Compound interest. Interest upon interest, where accrued interest is added to

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the principal sum, and the whole treated as a new principal, for the calculation of the interest for the next period. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Simple interest. Compound penalty. An act punishable by 2 or more penalties, as where the law provides that both fine and imprisonment must be imposed. Thus, the law gives no discretion to impose an alternative or only one penalty. Compounder. Every person who, without rectifying, purifying or refining distilled spirits shall, by mixing such spirits, wine, or other liquor with any materials except water, manufacture any intoxicating beverage whatever. [Sec. 1, PD 426]. Comprehensive. Complete; incl. all or nearly all elements or aspects of something. Comprehensive Agrarian Reform Law (CARL). RA 6657 entitled An Act instituting a Comprehensive Agrarian Reform Program to promote social justice and industrialization, providing the mechanism for its implementation, and for other purposes enacted on June 10, 1988. Comprehensive Agrarian Reform Program (CARP). A state policy that ensures and promotes the welfare of landless farmers and farm workers, as well as elevation of social justice and equity among rural areas. CARP was established by the Comprehensive Agrarian Reform Law of 1988 (CARL) which aimed for equitable land ownership and empowered agrarian reform beneficiaries while improving social lives. Comprehensive and Integrated Shelter Financing Act (CISFA) of 1994. RA 7835 entitled An Act Providing for a Comprehensive and Integrated Shelter and Urban Development Financing Program by Increasing and Regularizing the Yearly Appropriation of the Major Components of the Natl. Shelter Program, Incl. the Abot-Kaya Pabahay Fund Under RA 6846, Augmenting the Authorized Capital Stock and Paid-Up Capital of the NHMFC and the HIGC [now HGC], Identifying Other Sources of Funding and Appropriating Funds for the Purposes enacted on Dec. 16, 1994. Comprehensive Emergency Obstetric and Newborn Care (CEMONC). Lifesaving services for emergency maternal and newborn conditions/complications as in Basic Emergency Obstetric and Newborn Care plus the provision of surgical delivery (caesarian section) and blood bank services, and other highly specialized obstetric interventions. It also includes emergency neonatal care which includes at the minimum: newborn resuscitation, treatment of neonatal sepsis infection, oxygen support, and antenatal administration of (maternal) steroids for threatened premature delivery. [Sec. 4, RA 10354]. Comprehensive Firearms and Ammunition Regulation Act. RA 10591 entitled An Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations Thereof enacted on May 29, 2013. Comprehensive newborn screening system. A newborn screening system that includes, but is not limited to, education of relevant stakeholders; collection and biochemical screening of blood samples taken from newborns; tracking

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and confirmatory testing to ensure the accuracy of screening results; clinical evaluation and biochemical or medical confirmation of test results; drugs and medical or surgical management and dietary supplementation to address the heritable conditions; and evaluation activities to assess long term outcome, patient compliance and quality assurance. [Sec. 4, RA 9288]. Compressed work week (CWW). An energy-saving labor productivity scheme which provides for an alternative arrangement whereby the normal workweek is reduced to less than 6 days but the total number of normal work hours per week shall remain at 40 or 48 hours, as the case may be. The normal workday is increased to more that 8 hours without corresponding overtime premium. This scheme can be adjusted accordingly in cases where the normal workweek of the firm is 5 days. [Dept. Advisory 22 (DOLE), s. 2004]. Compromis. A formal agreement bet. 2 or more countries setting forth the terms and conditions of an arbitration bet. them. Also Compromis d arbitrage. Compromis d arbitrage. Intl. Law. An agreement to submit a dispute to an arbitration or judicial settlement. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Compromise. 1. A contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. [Art. 2028, CC]. 2. An agreement bet. 2 or more persons, who, for preventing or putting an end to a lawsuit, adjust their difficulties by mutual consent in the manner which they agree on, and which everyone of them prefers to the hope of gaining, balanced by the danger of losing. [David v. CA, 214 SCRA 644, 650 (1992)]. Compulsion. The action or state of forcing or being forced to do something; constraint. Compulsion of irresistible force. Such force exerted that reduced a person to a mere instrument who acted not only without will but against his will. The compulsion must be of such character as to leave the accused no opportunity for self-defense in equal combat or for escape. [People v. De Los Reyes, GR 44112. Oct. 22, 1992]. Compulsory. Obligatory. Compulsory arbitration. A system whereby the parties to a dispute are compelled by the govt. to forego their right to strike and are compelled to accept the resolution of their dispute through arbitration by a 3rd party. [Luzon Devt. Bank v. Assoc. of Luzon Devt. Bank Employees, GR 120319. Oct. 6, 1995]. Compare with Voluntary arbitration. Compulsory counterclaim. 1. A counterclaim which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the RTC, the counterclaim may be considered com-

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pulsory regardless of the amount. [Sec. 7, Rule 6, RoC]. 2. A counterclaim which arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party's claim, does not require for its adjudication the presence of 3rd parties over whom the court cannot acquire jurisdiction, and the court has jurisdiction to entertain the claim. [Co v. CA, GR 93687. May 6, 1991]. Compare with Permissive counterclaim. Compulsory counterclaim. Requisites: (a) It arises out of, or is necessarily connected with, the transaction or occurrence which is the subject matter of the opposing party's claim; (b) it does not require for its adjudication the presence of 3rd parties over whom the court cannot acquire jurisdiction; and (c) the court has jurisdiction to entertain the claim. [Javier v. IAC, 171 SCRA 605 (1989)]. Compare with Permissive counterclaim. Compulsory heirs. Also Forced heirs. The following are compulsory heirs: (a) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (b) in default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) the widow or widower; (d) illegitimate children. [Art. 887, CC, as amended by FC]. Compulsory HIV testing. HIV testing imposed upon a person attended or characterized by the lack of or vitiated consent, use of physical force, intimidation or any form of compulsion. [Sec. 4, RA 8504]. Compulsory joinder of indispensable parties. The joinder, either as plaintiffs or defendants, of parties in interest without whom no final determination can be had of an action. [Sec. 7, Rule 3, RoC]. Compulsory license. A license issued by the Dir. Gen. of the IPO to exploit a patented invention without the permission of the patent holder, either by manufacture or through parallel importation. [Sec. 4, RA 9502]. Compulsory motor vehicle liability insurance. 1. A species of compulsory insurance which provides for protection coverage that will answer for legal liability for losses and damages that may be sustained by another arising from the use and operation of motor vehicle by its owner. [Sec. 373, IC, as amended by PD 1455 and 1814]. 2. It is primarily intended to provide compensation for the death or bodily injuries suffered by innocent 3rd parties or passengers as a result of a negligent operation and use of motor vehicles. The victims and/or their defendants are assured of immediate financial assistance, regardless of the financial capacity of motor vehicle owners. [Shafer v. RTC of Olongapo City, GR 78848. Nov. 14, 1988]. Also 3rd party liability or TPL. Compulsory pilotage. Mar. Law. A marine rule that no ship or vessel can come in or go out of a pier unless it is commanded by a pilot. Compulsory recognition of natural children. Sometimes also called Judicial recognition of natural children. Recognition decreed by final judgment of a competent court. It is governed by Art. 283 and 284 [of the Civ. Code], setting forth the cases in which the father or mother, respectively, is obliged to

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recognize a natural child, and Art. 285, providing that generally, the action for recognition of natural children may be brought only during the lifetime of the presumed parents. [Gapusan-Chua v. CA, GR 46746. Mar. 15, 1990]. Compare with Voluntary recognition. of natural children. Computer. Any device or apparatus singly or interconnected which, by electronic, electro-mechanical, optical and/or magnetic impulse, or other means with the same function, can receive, record, transmit, store, process, correlate, analyze, projects, retrieve, and/or produce information, data, text, graphics, figures, voice, video, symbols or other modes of expression or perform any one or more of these functions. [Sec. 5, RA 8792]. Computer set. A set of equipment containing regular components, i.e., monitor, CPU, keyboard and printer. [Sec. 2, RA 8436; Sec. 2, RA 8046]. Computer virus. A software program capable of reproducing itself and usu. capable of causing great harm to files or other programs on the same computer. Computerized election system. A system using electronic devices to count and canvass votes. [Sec. 2, RA 8046]. Con animo de lucro. Sp. With intent to gain. [US v. Alabot, GR 13052. Oct. 4, 1918]. Conation. The mental faculty of purpose, desire, or will to perform an action; volition. Conation or Disorders of volition. Legal Med. An uncontrollable and irresistible command to do or not to do something. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Concealment. Ins. 1. A neglect to communicate that which a party knows and ought to communicate. [Sec. 26, IC]. 2. The act of purposefully not reporting information that would affect the issuance or rate of an insurance contract. Compare with Misrepresentation. Concealment. Ins. Requisites: (a) A party knows a fact which he neglects to communicate or disclose to the other; (b) such party concealing is duty bound to disclose such fact to the other; (c) such party concealing makes no warranty as to the fact concealed; and (d) the other party has not the means of ascertaining the fact concealed. Conceive. To become pregnant with a child. Conceived child. A [fetus which is] considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in Art. 41 of the Civ. Code. [Art. 40, CC]. Conception. The formation of a viable zygote by the union of the male sperm and female ovum; fertilization. Conception period. Legally, in a normal child, the period falling on first 120 days of the 300 days preceding the birth of the child. Concerted. Jointly arranged, planned, or carried out; coordinated. Concerted activity. Labor. A joint undertaking of workers designed to secure better terms and conditions of employment through the machinery of collective bargaining and negotiations for their mu-

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tual benefit and protection. [Poquiz, Labor Rel. Law, 1999 Ed. p. 237]. Concesion especial. Sp. Special grant. [Dir. of Forestry v. Muoz, GR L-25459. June 28, 1968]. 2. One of the 5 forms of royal concessions upon which private ownership of land under the Spanish regime could be founded, the others being (1) titulo real or royal grant; (2) composicion con el estado or adjustment title; (3) titulo de compra or title by purchase; and (4) informacion posesoria or possessory information title. [Sec. Of DENR v. Mayor Yap, GR 167707, Oct. 8, 2008]. Concession. Synonymous with Alienation and Disposition. Any of the methods authorized by CA 141 for the acquisition, lease, use, or benefit of the lands of the public domain other than timber or mineral lands. [Sec. 10, CA 141, as amended]. Concession contract. The award by the govt. to a qualified private entity of the responsibility for financing, operating, expanding, maintaining and managing specific government-owned assets. [Sec. 4, RA 9136]. Concession theory. The theory espousing that a corporation, as known to Phil. jurisprudence, is a creature without any existence until it has received the imprimatur of the state acting acc. to law, through the SEC. [Tayag v. Benguet Consolidated, GR L-23145. Nov. 29, 1968]. Concessionaire. The person to whom a concession has been granted or awarded under the provision of PD 1219. [Sec. 3, PD 1219]. Conciliation. From Lat. Conciliare: To call or bring together. 1. A form of alternative dispute resolution in which the parties bring their dispute to a neutral 3rd party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but is may be less formal. 2. The process by which an impartial 3rd party makes an independent investigation and suggests a solution to a dispute. Conclusion. 1. The close of a plea or deed. 2. A judgment or decision reached after deliberation. 3. The proposition concluded from one or more premises; a deduction. Conclusion of law. A proposition not arrived at by any process of natural reasoning from a fact or combination of facts stated but by the application of the artificial rules of law to the facts pleaded [Siquian v. People, GR 82197. Mar. 13, 1989]. Conclusive. Serving to prove a case; convincing. Conclusive evidence. Evidence which is incontrovertible or one which the law does not allow to be contradicted. Compare with Prima facie evidence. Conclusive presumption. Evid. A presumption where no contrary evidence is admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9]. Also Presumption juris et de jure. Compare with Disputable presumption. Conclusive testimony. Evid. Generally, testimony which stands uncontradicted. Conclusiveness of judgment. Rem. Law. 1. A fact or question which was in issue in a former suit and was there judicially

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passed upon and determined by a court of competent jurisdiction, is conclusively settled by the judgment therein as far as the parties to that action and persons in privity with them are concerned and cannot be again litigated in any future action bet. such parties or their privies, in the same court or any other court of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by proper authority. [Calalang v. Register of Deeds of Quezon City, 231 SCRA 88, 99-100]. 2. It is governed by Rule 39, Sec. 47(c) of the Rules of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. Also Collateral estoppel or Preclusion of issues. Conclusiveness of judgment doctrine. Rem. Law. [A concept of res judicata holding that] where there is identity of parties in the first and 2nd cases, but no identity of causes of action, the first judgment is conclusive only as to those matters actually and directly controverted and determined and not as to matters merely involved therein. Stated differently, any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which judgment is rendered on the merits is conclusively settled by the judgment therein and cannot again be litigated bet. the parties and their privies, whether or not the claim, demand, purpose, or subject matter of the 2 actions is the same. [Antonio v. Sayman Vda. de Monje, GR 149624, 29 Sept. 2010, 631 SCRA 471, 480]. Concordat. Intl. Law. An agreement by the Pope with heads of States on ecclesiastical affairs. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Concubinage. Crim. Law. The felony committed by any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place. [Art. 334, RPC]. Concubine. A mistress or women who lives or cohabits with a man as though he were her husband. [De Leon v. Villanueva, GR 27738. Mar. 13, 1928]. Concurrence. Agreement of results or opinions. Concurrence of credits. This situation occurs, usu. in an insolvency proceeding, when the same specific property of the debtor or all of his property is being claimed by several creditors. Concurrent. Existing, happening, or done at the same time. Concurrent jurisdiction. 1. That which is possessed over the same parties or subject matter at the same time by 2 or more separate tribunals. [Puse v. Santos-Puse, GR 183678, Mar. 15, 2010]. 2. The jurisdiction of 2 or more courts, each authorized to deal with the same subject matter. Concurrent proximate cause theory. Ins. Where 2 proximate causes concurred in causing an injury, one of which is insured against, the insurer is liable under the policy irrespective of the eventuality that there is another concurrent or proximate cause which constitutes an uncovered risk. Concurrent Resolution. A Resolution passed by both chambers of the legislature. [Suarez, Stat. Con., (1993), p. 59].

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Concurring. Being of the same opinion; agreeing with a decision, opinion, or finding. Concurring compulsory heirs. Succ. A class of compulsory heirs who succeed together with the primary or the secondary compulsory heirs such as (a) widow or widower (legitimate); (b) illegitimate children and illegitimate descendants. Concurring opinion. An opinion that agrees with the result of the majority opinion, but disagrees with some aspect of the reasoning used to reach that result. Compare with Dissenting opinion. Concurring opinion (of a Member of the Supreme Court). An opinion submitted to the Chief Justice or Division Chairperson by a Member of the Sup. Court who agrees with the main opinion, but opts to express other reasons for concurrence. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Compare with Dissenting and Separate Opinion. Concurso de delitos. See Plurality of crimes. Concurso ideal. See Ideal plurality. Concurso real. See Real plurality. Condemnation. 1. The act of destroying valueless supplies or property by burning, pounding, throwing beyond recovery, or the like. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. The legal process by which the govt. takes private land for public use, paying the owners a fair price. See Eminent domain. Condition. 1. A future and uncertain event, or a past event unknown to the parties, upon the happening of which depends the fulfillment or extinguishments of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A future and uncertain fact or event upon the fulfillment of which a juridical act is made to depend. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 209]. Condition captatoria. Succ. The condition upon which any disposition is made to the effect that the heir shall make some provision in his will in favor of the testator or of any other person. Such disposition shall be void. [Art. 875, CC]. Condition precedent. A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. Compare with Condition subsequent. Condition subsequent. A condition in a contract that causes the contract to become invalid if a certain event occurs. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. Compare with Condition precedent. Conditional. Subject to one or more conditions or requirements being met; made or granted on certain terms. Conditional appearance. [The concept which tempered the rule on voluntary submission to the courts jurisdiction] such that a party who makes a special appearance to challenge, among others, the courts jurisdiction over his person cannot be considered to have submitted to its authority. [Hongkong and Shanghai Banking Corp., Ltd. v. Catalan, GR 159590, Oct. 18, 2004; Casimina v. Legaspi, GR 147530, June 29, 2005].

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Conditional indorsement. Nego. Inst. An indorsement that is conditional and which allows the party required to pay the instrument to disregard the condition and make payment to the indorsee or his transferee whether the condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated will hold the same, or the proceeds thereof, subject to the rights of the person indorsing conditionally. [Sec. 39, NIL]. Conditional institution. Succ. A kind of institution wherein the institution may be potestative, causal or mixed. [Arts. 871 884, CC]. Compare with Simple institution. Conditional judgment. Rem. Law. A judgment which contains no disposition at all and is a mere anticipated statement of what the court shall do in the future when a particular event should happen. [Co Unjieng E Hijos, v. Mabalacat Sugar Co., GR 45351. June 29, 1940]. Conditional obligation. An obligation the performance or extinguishment of which depends upon a future or uncertain event, or upon a past event unknown to the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. Compare with Pure obligation. Conditional pardon. A pardon that is in the nature of a contract bet. the sovereign power or the Chief Exec. and the convicted criminal to the effect that the former will release the latter subject to the condition that if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the unexpired portion of the sentence or an additional one. [Alvarez v. Dir. of Prisons, 80 Phil. 50]. Compare with Absolute pardon. Conditional release. A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked. Conditional sales. An agreement relating to the sale of goods or things the acquisition of which depends upon an uncertain event. Conditionally or Qualifiedly privileged communication. One where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of making a communication to a certain other person to whom he makes such communication in the performance of such duty, or where the person is so situated that it becomes right in the interest of society that he should tell 3rd persons certain facts, which he in good faith proceeds to do. [Sison v. David, GR L-11268. Jan. 28, 1961]. Compare with Absolutely privileged communication. Conditions. Kinds: (a) suspensive condition (condition precedent) or one which suspends the demandability of the obligation until the happening of the event; (b) resolutely condition (condition subsequent) or one the happening of which will extinguish the obligation; (c) potestative condition or one which depends upon the will of the debtor; (d) casual or a condition which depends upon chance; (e) mixed condition which depends partly upon chance and partly upon the will of a 3rd person; and (f) impossible condition which is not capable of fulfillment, legally or physically. [Diaz, Bus. Law Rev., 1991 Ed., p. 10-11].

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Condominium. 1. A building with one or more storeys composed of multi-unit residential suites under joint ownership of occupants, each unit provided with complete sanitary facilities, utilities and other amenities. [Sec. 63, PD 856]. 2. An interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. [Sec. 2, RA 4726]. Condominium Act, The. RA 4726 entitled An Act to define Condominium, establish requirements for its creation, and govern its incidents enacted on June 18, 1966. Condominium corporation. A corporation, stock or non-stock, organized by owners of definite portions of a building for the effective maintenance thereof. [Diaz, Bus. Law Rev., 1991 Ed., p. 248]. Condominium project. The entire parcel of real property divided or to be divided primarily for residential purposes into condominium units, incl. all structures thereon. [Sec. 2, PD 957]. Condominium unit. A part of the condominium project intended for any type of independent use or ownership, incl. one or more rooms or spaces located in one or more floors (or part of parts of floors) in a building or buildings and such accessories as may be appended thereto. [Sec. 2, PD 957]. Condonation. Civ. Law. Also Remission. An act of liberality by which the creditor without receiving anything renounces the fulfillment of the obligation which, in consequences thereof, is extinguished either totally or partially. It is a form of donation. [Diaz, Bus. Law Rev., 1991 Ed., p. 48]. Condonation. Civ. Law. Also Remission. Kinds: (a) Complete or total when the entire obligation is extinguished; (b) partial when only part of the obligation is extinguished; (c) express when it is made either verbally or in writing; (d) implied when it can only be inferred form the conduct; (e) inter vivos when it takes effect during the lifetime of the donor; or (f) mortis causa when it takes effect upon the death of the donor and complies with the formalities of a will and testament. [Diaz, Bus. Law Rev., 1991 Ed., p. 49-50]. Condonation. Civ. Law. Also Remission. Requisites: (a) It must be gratuitous; (b) it must be accepted by the obligor; (c) it must not be an inofficious donation; (d) the obligation must be demandable at the time of the remission; and (e) if expressly made, it must comply with the forms of donation. [Diaz, Bus. Law Rev., 1991 Ed., p. 48]. Condonation doctrine. Admin. Law. 1. The doctrine that prohibits the disciplining of an elective official for a wrongful act committed during his immediately preceding term of office. [Pascual v. Prov. Board of Nueva Ecija, 106 Phil. 406 (1959)]. 2. [This is based on] the underlying theory is that each term is separate from other terms, and that the reelection to office operates as a condonation of the officers previous misconduct to the extent of cutting off the right to remove him therefor. [Conducto v. Monzon, AM MTJ-98-1147, July 2, 1998].

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Condone. Civ. Law. To remit or forgive a debt without expecting any equivalent or compensation therefor. Conduct. 1. Legal Ethics. As used in [Rule 1.01 of the Code of Professional Responsibility, the term] is not limited to conduct exhibited in connection with the performance of professional duties. [Lizaso v. Amante, Adm. Case 2019. June 3, 1991]. 2. Civ. Law. When applied to equitable estoppel, the term embraces not only ideas conveyed by words written or spoken and things actually done but also the silence of such person and his omission. Conduct unbecoming. A term that is applied to a broad range of transgressions of rules not only of social behavior but of ethical practice or logical procedure or prescribed method. [Zacarias v. Napolcom, 414 SCRA 387]. Conduct unbecoming a police officer. Any behavior or action of a PNP member, irrespective of rank, done in his official capacity, which, in dishonoring or otherwise disgracing himself as a PNP member, seriously compromises his character and standing as a gentleman in such a manner as to indicate his vitiated or corrupt state of moral character. It may also refer to acts or behavior of any PNP member in an official or private capacity which, in dishonoring or disgracing himself personally as a gentleman, seriously compromises his position as a PNP member and exhibits himself as morally unworthy to remain as a member of the organization. Confederate. Bring states or groups of people into an alliance. Confederation. Intl. Law. An organization of states which retain their internal sovereignty and, to some extent, their external sovereignty, while delegating to the collective body the power to represent them as a whole for certain limited and specified purposes, such as common defense. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 13]. Conference committee. Also Bicameral conference committee. 2 committees, one appointed by each house. It is normally appointed for a specific bill and its function is to gain accord bet. the 2 houses either by the recession of one house from its bill or its amendments or by the further amendment of the existing legislation or by the substitution of an entirely new bill. Obviously, the conference committee is always a special committee which considered it together with such other representatives of the house as seem expedient. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Conference rules. Mar. Law. Rules agreed by and among ship owners and ship operators and are, therefore, not binding on 3rd persons unless agreed upon in a bill of lading or charter party. Confessio facta in judicio omni probatione major est. Lat. A confession made in court is of greater effect than any proof. [Jenk. Cent. 102; 11 Co. 30]. Confession. 1. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, which may be given in evidence against him. [Sec. 33, Rule 130, RoC]. 2. An acknowledgment of guilt of the crime charged or of the facts which constitute the crime; but it is

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an admission and not a confession if the facts acknowledged raise an inference of guilt only when considered with other facts. [People v. Lorenzo, GR 110107. Jan. 26, 1995]. Compare with Admission. Confession. Requisites for admissibility: (a) It must be voluntary; (b) it must be made with the assistance of competent and independent counsel; (c) it ust be express, and (d) it must be in writing. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 42]. Confession and avoidance. The admission by an accused who invokes an exempting circumstance of insanity, for instance, of having committed the crime but with the claim that he or she is not guilty because of such circumstance. Confession of judgment. Judgment where the defendant, instead of entering a plea, confesses action or withdraws his plea and confesses action. Judgment where a defendant gives the plaintiff a cognovit or written confession of the action by virtue of which the plaintiff enters judgment. Confidential. 1. Done or communicated in confidence; secret. 2. Entrusted with the confidence of another. Confidential employee. Admin. and Labor Laws. One entrusted with confidence on delicate matters, or with the custody, handling, or care and protection of the employer's property. [Panday v. NLRC, GR 67664, 20 May 1992]. Confidential information. 1. Any information, relative to the subject of mediation or arbitration, expressly intended by the source not to be disclosed, or obtained under circumstances that would create a reasonable expectation on behalf of the source that the information shall not be disclosed. It shall include: (a) communication, oral or written, made in a dispute resolution proceedings, incl. any memoranda, notes or work product of the neutral party or non-party participant, as defined in RA 9285; (b) an oral or written statement made or which occurs during mediation or for purposes of considering, conducting, participating, initiating, continuing of reconvening mediation or retaining a mediator; and (c) pleadings, motions manifestations, witness statements, reports filed or submitted in an arbitration or for expert evaluation. [Sec. 3, RA 9285]. 2. [It] generally refers to information not yet made a matter of public record relating to pending cases, such as notes, drafts, research papers, internal discussion, internal memoranda, records of internal deliberations, and similar papers. Even after the decision, resolution, or order is made public, such information that a justice or judge uses in preparing a decision, resolution, or order shall remain confidential. [RE: SC Access to Justice for the Poor Project, Art. 1, AM 05-2-01SC, Mar. 13, 2007]. Confidential relation. The relation which exists, under Art. 1339 of the Civ. Code, bet. guardian and ward, insurer and insured, and agent and principal. Confinement. A state of being admitted in a hospital or medical clinic for medical observation, diagnosis, testing, and treatment consistent with the capability and available facilities of the hospital or clinic. [Sec. 2, RA 8344]. Confirmatory. Collateral; serving to support or corroborate.

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Confirmatory test. An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. [Sec 3, RA 9165]. Cofirmed. Having been ratified; verified. Confirmed letter of credit. The kind of obligation assumed by the correspondent bank. In this case, the correspondent bank gives an absolute assurance of the beneficiary that it will undertake the issuing bank's obligation as its own acc. to the terms and conditions of the credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991]. Irrevocable credit. Confirming bank. A correspondent bank [that] assumes a direct obligation to the seller and its liability is a primary one as if the correspondent bank itself had issued the letter of credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991]. Confiscate. 1. To take or seize someone's property with authority. 2. To take a possession, esp. land as a penalty and give it to the public treasury. Confiscated firearm. A firearm that is taken into custody by the PNP, NBI, PDEA, and all other law enforcement agencies by reason of their mandate and must be necessarily reported or turned over to the FEO of the PNP. [Sec. 3, RA 10591]. Conflict. A serious disagreement or argument, typically a protracted one. Conflict of interest. Admin. Law. The conflict that arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. [Sec. 3, RA 6713]. Conflict of laws. Also known as Private international law. 1. A situation [that] arises only when: (a) there is a dispute over the title or ownership of an immovable, such that the capacity to take and transfer immovables, the formalities of conveyance, the essential validity and effect of the transfer, or the interpretation and effect of a conveyance, are to be determined; and (b) a foreign law on land ownership and its conveyance is asserted to conflict with a domestic law on the same matters. Hence, the need to determine which law should apply. [Laurel v. Garcia, GR 92013. July 25, 1990]. 2. A term first coined by Joseph Story in his 1st Ed., 1834 of that name. There are 3 classic categories of conflicts: (a) choice of law; (b) choice of jurisdiction, and (c) recognition and enforcement of foreign judgments. Confusion. Also Merger. 1. It takes place when the characters of creditor and debtor are merged in the same person with respect to the same obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 50-51]. 2. The meeting in one person of the qualities of obligee and obligor with respect to the same obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 139]. Confusion. The mixture of liquids, belonging to different owners. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 99].

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Confusion. Also Merger. Requisites: (a) It must be bet. the principal debtor and creditor; and (b) it must be complete. [Diaz, Bus. Law Rev., 1991 Ed., p. 51]. Confusion of business. One of the 2 types of confusion in trademark infringement [w]here though the goods of the parties are different, the defendants product is such as might reasonably be assumed to originate with the plaintiff, and the public would then be deceived either into that belief or into the belief that there is some connection bet. the plaintiff and defendant which, in fact, does not exist. [Sterling Products Intl., Inc. v. Farbenfabriken Bayer Aktiengesellschaft, GR L19906, Apr. 30, 1969]. Compare with Confusion of goods. Confusion of goods. One of the 2 types of confusion in trademark infringement in which the ordinarily prudent purchaser would be induced to purchase one product in the belief that he was purchasing the other. In which case, defendants goods are then bought as the plaintiffs, and the poorer quality of the former reflects adversely on the plaintiffs reputation. [Sterling Products Intl., Inc. v. Farbenfabriken Bayer Aktiengesellsch aft, GR L-19906, Apr. 30, 1969]. Compare with Confusion of business. Congenital. Present from birth. Congenital cataract. A kind of cataract the most common cause of which is heredity. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Congestive. Involving or produced by congestion of a part of the body. Congestive heart failure. A clinical syndrome which develops eventually in 5060% of all patients with organic cardiovascular disease. It is defined as the clinical state resulting from inability of the heart to expel sufficient blood for the metabolic demands of the body. [Panangui v. ECC, GR L-56259. Mar. 18, 1983]. Congress. The term commonly refers to the Phil. House of Representatives. Congress of the Philippines. [Fil.: Kongreso ng Pilipinas]. The national legislature of the Rep. of the Phils. It is a bicameral body consisting of the Senate [upper chamber], and the House of Representatives [lower chamber] although commonly in the Phils. the term Congress refers to the latter. Congressional veto. A means whereby the legislature can block or modify administrative action taken under a statute. It is a form of legislative control in the implementation of particular executive actions. The form may be either negative, that is requiring disapproval of the executive action, or affirmative, requiring approval of the executive action. This device represents a significant attempt by Congress to move from oversight of the executive to shared administration. [Dixon, The Congressional Veto and Separation of Powers: The Executive on a Leash, 56 North Carolina Law Review, 423 (1978)]. Conjugal. Of or relating to marriage or the relationship of spouses. Conjugal partnership of gains. The regime under which the husband and wife place in a common fund the proceeds, products, fruits and income from their

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separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally bet. them, unless otherwise agreed in the marriage settlements. [Art. 106, FC]. Conjugal Partnership of Gains Regime. [A regime entered into by a couple where] the husband and the wife place in common fund the fruits of their separate property and income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage. [Quiao v. Quiao, GR 176556, July 4, 2012]. Compare with Absolute Community Regime. Conjugal partnership property. The following are conjugal partnership properties: (a) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (b) those obtained from the labor, industry, work or profession of either or both of the spouses; (c) the fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse; (d) the share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found; (e) those acquired through occupation such as fishing or hunting; (f) livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and (g) those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse. [Art. 117, FC]. Conjugal property. 1. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses. [Art. 116, FC]. 2. All property acquired during marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved. [CSCs Guidelines on the use of the rev. SALN form]. Conjunction or Adjunction. The union of 2 things belonging to different owners, in such a manner that they cannot be separated without injury, thereby forming a single object. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 98]. Connecting factors or contacts. In the conflict of law, connecting factors, or contacts, are facts which tend to connect a transaction or occurrence with a particular law or jurisdiction (e.g. the domicile, residence, nationality or place of incorporation of the parties; the place(s) of conclusion or performance of the contract; the place(s) where the tort or delict was committed or where its harm was felt; the flag or country of registry of the ship; the ship owners base of operations, etc.). Connecting factors are taken into consideration and weighed by courts and arbitrators, in determining the proper law to apply to decide the case or dispute.

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Connivance. Willingness to secretly allow or be involved in an immoral or illegal act. Connivance (with the prisoner). Under Art. 223 of the Rev. Penal Code, an agreement bet. the prisoner and the public officer in his custody or charge to his escape. Conniving with or Consenting to evasion. Crim. Law. The felony committed by any public officer who shall consent to the escape of a prisoner in his custody or charge. [Art. 223, RPC]. Conquest. Intl. Law. 1. The mode of acquisition of land territory which is no longer recognized, inasmuch as the UN Charter prohibits resort to threat or use of force against the territorial integrity or political independence of any state. [Sandoval, Pol. Law Reviewer 2003]. 2. The acquisition of territory by force. Consanguinity. 1. Kinship; blood relationship; the connection or relation of persons descended from the same stock or common ancestor. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 305]. 2. The relationship by blood from the same stock or common ancestor. [CSCs Guidelines on the use of the rev. SALN form]. Compare with Affinity. Consciente waiver. The voluntary waiver by the vendee of his right to warranty in case of eviction without the knowledge and assumption of the risks of eviction. [Diaz, Bus. Law Rev., 1991 Ed., p. 135]. Consensual. Relating to or involving consensus or consent, esp. mutual consent. Consensual contracts. Contracts that are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, acc. to their nature, may be in keeping with good faith, usage and law. [Art. 1315, CC]. Compare with Real contracts. Consensus. 1. A result achieved through negotiation whereby a hybrid solution is arrived at bet. parties to an issue, dispute or disagreement, comprising typically of concessions made by all parties, and to which all parties then subscribe unanimously as an acceptable resolution to the issue or disagreement. 2. The making of a decisions by general agreement and in the absence of any voiced objection. Consent. 1. This is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer. [Art. 1319, CC]. 2. Agreement; voluntary acceptance of the wish of another. Consent decree. Rem. Law. A judiciallyapproved settlement bet. concerned parties based on public interest and public policy to protect and preserve the environment. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Consent election. Labor. 1. The election voluntarily agreed upon by the parties to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. An agreed election, its purpose being merely to determine the issue of majority representation of all the workers in

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the appropriate collective bargaining unit. [Warren Mfg. Workers Union v. BLR, GR L-76185. Mar. 30, 1988]. Compare with Certification election. Consent judgment. A compromise agreement bet. the parties to end further litigation by having the same force and effect as a judgment by the court. Thus, once approved, it has the force of res judicata with respect to the contentious issues in the case. Such a judgment, as a rule, is immediately executory. [Del Rosario v. Madayag and Leviste, 247 SCRA 767; Central Bank v. CA, 61 SCRA 348; Pasay City v. Manila, 132 SCRA 156]. Consent of the data subject. Any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to do so. [Sec. 3, RA 10173]. Consented abduction. The abduction of a virgin over 12 years and under 18 years of age, carried out with her consent and with lewd designs. [Art. 343, RPC]. Compare with Forcible abduction. Consented abduction. Elements: (a) the offended party is a virgin, (b) she must be over 12 and under 18 years of age, (c) the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender, and, (d) the taking away of the offended party must be with lewd designs. [Perez v. CA, GR L-80838. Nov. 29, 1988]. Compare with Qualified seduction. Consequential. 1. Following as a result or effect. 2. Resulting from an act, but not immediately and directly. Consequential damages. Damages caused by the injury which may not be evident at the time when the injury was actually inflicted or caused, such as loss of income. Note that civil liability may arise in such a case for which restitution or indemnification may be exacted. [Art. 104, RPC]. Conservation. 1. Preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat. [Sec. 5, RA 9147]. 2. The complete preservation or limited harvesting of coral resources in such a way as not to adversely affect the sustained productivity of marine eco systems. [Sec. 3, PD 1219]. 3. The wise use and optimum utilization of mineral resources. [Sec. 4, DENR AO 95-23]. Conservator. A guardian and protector appointed by a judge to protect and manage the financial affairs and/or the person's daily life due to physical or mental limitations or old age. Conservatorship. Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. See also Guardianship. Conserve. To protect something, esp. an environmentally or culturally important place or thing from harm or destruction. Consideration. 1. Some right, interest, benefit, or advantage conferred upon the promissor, to which he is otherwise

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not lawfully entitled, or any detriment, prejudice, loss, or disadvantage suffered or undertaken by the promisee other than to such as he is at the time of consent bound to suffer. [Gabriel v. Monte de Piedad, 71 Phil. 497 (1941)]. 2. The why of the contracts, the essential reason which moves the contracting parties to enter into the contract. [Gonzales v. Trinidad, 67 Phil. 682]. Consign. To leave an item of property in the custody of another. Consignacion. Sp. A fish broker. Consignation. The act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment and it generally requires a prior tender of payment. [Limkako v. Teodoro, 74 Phil. 313]. Consignation. Requisites: (a) That there was a debt due; (b) that the consignation of the obligation had been made because the creditor to whom tender of payment was made refused to accept it, or because he was absent or incapacitated, or because several persons claimed to be entitled to receive the amount due [Art. 1176, CC]; (c) that previous notice of the consignation had been given to the person interested in the performance of the obligation [Art. 1177, CC]; (d) that the amount due was placed at the disposal of the court (Art. 1178, CC]; and (e) that after the consignation had been made the person interested was notified thereof (Art. 1178, CC]. Failure in any of these requirements is enough ground to render a consignation ineffective [Ponce de Leon v. Santiago Syjuco., 90 Phil. 311]. Consigned abroad. Synonymous with the term "enviado al extranjero" found in the Spanish version and signifies "sent or shipped abroad." [Sec. 1459, Act 2711]. Consignment. An arrangement whereby the goods are sent by one to another to be sold and disposed by the latter for and on account of the former. [Ongkiko v. CA, GR L-48777. Sep. 24, 1987]. Consignment for sale. A contract which creates the relationship of principal and agent whereby title to the merchandise is retained by the principal who, however, authorizes the agent to sell the merchandise for him and to effectively transfer title thereto in favor of the purchaser. Usu., the principal fixes the price at which the goods are to be sold by the agent who, for his part, has the right to return the merchandise if he cannot sell it at the desired price. Likewise the principal has the right to demand the return of the merchandise at any time before it is sold. Consolidation. Corp. Law. 1. The combination or union of 2 or more companies that results in the termination and dissolution of the corporate existence of all constituent companies and the formation of a new company. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. 2. When 2 companies join to become parts of a new company. Compare with Merger. Consolidation machine. The machine used at the canvass proceedings to consolidate precinct results, municipal and city results, or provincial results for purposes of getting the total votes of all candidates for the Offices of the Pres. and Vice Pres. [The 2010 Rules of the

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PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Consolidation of cases. A court order [directing that] several actions pending before it be tried together where they arise from the same act, event or transaction, involve the same or like issues, and depend largely or substantially on the same evidence, provided that the court [making the order] has jurisdiction over the cases to be consolidated and that a joint trial will not give one party an undue advantage or prejudice the substantial rights of any of the parties. [Teston v. DBP, GR 144374, Nov. 11, 2005]. Conspicuous. Easy to notice; obvious. 2. Attracting attention, as by being unusual or remarkable; noticeable. Conspicuous place. A place frequented by the public, whereby notice of the petition [to declare a child legally available for adoption] shall be posted for information of any interested person. [Sec. 2, RA 9523]. Conspiracy. Crim. Law. 1. It exists when 2 or more persons come to an agreement concerning the commission of a felony and decide to commit it. [Art. 8, RPC]. 2. The common design to commit a felony. It is not participation in all the details of the execution of the crime. All those who in one way or another helped and cooperated in the consummation of the crime are considered as coprincipals. [Venturina v. Sandiganbayan, GR 78038. Jan. 18, 1991]. Conspiracy. Crim. Law. Elements: To constitute conspiracy, there must be intentional participation in the transaction with a view to the furtherance of the common design and purpose. There must be unity of purpose and unity in the execution of the unlawful objective. Mere knowledge, acquiescence or approval of the act, without cooperation or agreement to cooperate, is enough. [People v. Macatana, GR L-57061. May 9, 1988]. Conspirator. Plotter. Constancia autentica. Sp. Authentic notice. A verified or authentic certification. Constituent. Being a part of a whole. Constituent assembly. [This] refers to the Senate and the House of Representatives when they sit down together to propose any amendment to, or revision of the Consti., upon a vote of of all its Members. [Sec. 1, Art. XVII, Consti.]. Constituent function. Also Governmental function. Pol. Law. A function of govt. which involves the exercise of sovereignty and considered as compulsory. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare with Proprietary or Ministrant function. Constituent governmental functions. Pol. Law. The term constitutes the very bonds of society and are compulsory in nature. Pres. Wilson enumerated the constituent functions as follows: (a) the keeping of order and providing for the protection of persons and property from violence and robbery; (b) the fixing of the legal relations bet. man and wife and bet. parents and children; (c) the regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt or crime; (d) the determination of contract rights bet. individuals; (e) the definition

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and punishment of crimes; (f) the administration of justice in civil cases; (g) the determination of the political duties, privileges, and relations of citizens; (h) dealings of the state with foreign powers, the preservation of the state from external danger or encroachment and the advancement of its international interests. [SSS Employees Assoc. v. Soriano, GR L-18081. Apr. 30, 1963]. Compare with Ministrant governmental functions. Constituent legislative power. Pol. Law. The power to amend or revise the Consti. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 284]. Constitution. 1. A system of fundamental laws for the governance and administration of a nation. It is supreme, imperious, absolute and unalterable except by the authority from which it emanates. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. 2. The fundamental and paramount law of the nation. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. 3. That body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. [Cruz, Constl. Law, 1998 Ed., p. 3]. Constitution of Liberty. The Bill of Rights. [Homeowners' Assoc. of the Phils., Inc. v. Mun. Board of the City of Manila, GR L-23979. Aug. 30, 1968]. Constitutional. Of or relating to an established set of principles governing a state. Constitutional law. The fundamental law of the land which defines the powers of the government. [Suarez, Stat. Con., (1993), p. 38]. Constitutional supremacy. A system of government in which the law-making freedom of parliamentary supremacy cedes to the requirements of a Constitution. Constitutional supremacy doctrine. The doctrine that if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is the fundamental paramount and supreme law of the nation, it is deemed written in every statute and contract. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. Constitutional treaty. A treaty adopted acc. to the constitutional provisions of the ratifying state. Constitutive. 1. Having the power to establish or give organized existence to something. 2. Forming a part or constituent of something; component. Constitutive doctrine. The legal existence of a state or govt. is dependent on recognition by other states. Constitutive documents. The articles of incorporation and bylaws of a Real Estate Investment Trust (REIT). [Sec. 3, RA 9856]. Constitutum possessorium, Traditio. See Traditio constitutum possessorium. Constructio contra rationem introducta, potius usurpatio quam consuetudo appellari debet. Lat. A custom introduced against reason ought rather to be called an usurpation than a custom. See

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also Consuetudo, contra rationem introducta, potius usurpatio quam consuetudo appellari debet. Construction. 1. The art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law [Caltex v. Palomar, GR L-19650. Sep. 29, 1966]. 2. The legal process of interpreting a phrase or document; of trying to find it's meaning. Whether it be a contract or a statute, there are times when a phrase may be unclear or of several meanings. Then, either lawyers or judges must attempt to interpret or construct the probable aim and purpose of the phrase, by extrapolating from other parts of the document or, in the case of statutes, referring to a interpretation law which gives legal construction guidelines. Construction contractor. A natural or juridical person organized and licensed under Phil. laws, who undertakes or offers to undertake, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, remove, move, wreck or demolish any structure, facility, project development or improvement, or to do any part thereof. The term contractor includes general engineering contractor, general building contractor and specialty contractor, construction management, engineering, and specialized consultancy group. [Sec. 3, PD 1167]. Construction dispute. A dispute bet. or among the parties in a construction project. If there is agreement to arbitrate such a dispute, the governing law is EO 1008, otherwise known as the Construction Industry Arbitration Law. Constructive. 1. Serving a useful purpose; tending to build up. 2. Derived by inference; implied by operation of law; not obvious or explicit. Constructive compliance doctrine. See Doctrine of constructive compliance. Constructive contempt. Contempt committed out of the presence of the court. The willful disobedience of the lawful process of the court, refusal to obey subpoenas, etc. [Narcida v. Bowen, GR 6694. Mar. 26, 1912]. Compare with Direct contempt. Constructive delivery. A general term comprehending all those acts which, although not conferring physical possession of the thing, have been legally interpreted as equivalent to acts of real delivery. A good example is the giving of the key to the house as constructive delivery of the house from the seller to the buyer. [Banawa v. Mirano, 97 SCRA 517]. Constructive discharge. A quitting because continued employment is rendered impossible, unreasonable or unlikely; as an offer involving a demotion in rank and a diminution in pay. [Alia v. Salani Una Transportation Co., 39527-R, Jan. 29, 1971]. Constructive dismissal. 1. A quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay. [Lemery Savings and Loan Bank v. NLRC, 205 SCRA 492 (1992)]. 2. [It] exists when

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the employee involuntarily resigns due to the harsh, hostile, and unfavorable conditions set by the employer. It arises when there is clear discrimination, insensibility, or disdain by an employer and this becomes unbearable to the employee. [Aguilar v. Burger Machine Holdings Corp., GR 172062, Oct. 30, 2006]. Constructive fraud. A breach of legal or equitable duty which, irrespective of the moral guilt of the fraud feasor, the law declares fraudulent because of its tendency to deceive others, to violate public or private confidence, or to injure public interests. This usu. proceeds from a breach of duty arising out of a fiduciary or confidential relationship. [Berico v. CA, GR 96306. Aug. 20, 1993]. Compare with Actual fraud. Constructive notice. Notice that is presumed by law to have been communicated to the party concerned and ought to be known by him regardless that it has not been personally or actually served. Notice by publication in a newspaper of general circulation is an instance where the party concerned is considered as having been notified by fiction of law. Constructive or Legal delivery. 1. The execution of a sale made through a public instrument which shall be deemed equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred. [Art. 1498, CC]. 2. Delivery which takes place without actual transfer of goods, but includes symbolic delivery or substituted delivery as when the evidence of title to the goods, the key to the warehouse or bill of lading or warehouse receipt is delivered. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993]. Compare with Actual or real delivery. Constructive possession. Holding a valid title to property. The subjection of the thing to ones control. Compare with Actual possession. Constructive removal (from the service). Admin. Law. A reassignment that is indefinite and results in a reduction in rank, status and salary. [Bentain v. CA, GR 89452. June 9, 1992]. Constructive service. The delivery of a pleading or notice that is considered to have been legally served on its intended recipient even if not actually received in person by him. It is also known as substituted service which can be done by registered mail or publication in a newspaper of general circulation. Constructive service of summons by publication. Service of summons effected, by leave of court, upon the defendant who is designated in any action as an unknown owner, or the like, or upon a defendant whose address is unknown and cannot be ascertained by diligent inquiry, by publication in a newspaper of general circulation and in such places and for such time as the court may order. [Sec. 14, Rule 14, RoC]. Constructive total loss. Mar. Ins. A loss which gives to a person insured a right to abandon, under Sec. 139 of the Ins. Code. [Sec. 132, IC]. Compare with Actual total loss. Constructive tradition. The delivery of movable and immovable things which is not actual or material and is represented by other signs or acts indicative thereof.

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Its various kinds are: Traditio (or tradicion) simbolica, Tradition longa manu, Tradition brevi manu, and Traditio constitutum possessorium. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 459-460]. See Real tradition. Constructive trust. Also Trust ex maleficio, Trust ex delicto, Trust de son tort, Involuntary trust, or Implied trust. 1. Trust by operation of law which arises contrary to intention and in invitum, against one who, by fraud, actual or constructive, by duress or abuse of confidence by commission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionable means, or who in any way against equity and good con-science, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy. [Roa v. CA, GR L-27294. June 28, 1983]. 2. A remedial device by which the holder of legal title is held to be a trustee for the benefit of another who in good conscience is entitled to the beneficial interest. [Magallon, v. Montejo, GR 73733. Dec. 16, 1986]. Constructive trust doctrine. A general principle that one who acquires land or other property by fraud, misrepresentation, imposition, or concealment, or under any such other circumstances as to render it inequitable for him to retain the property, is in equity to be regarded as a trustee ex maleficio thereof for a person who suffers by reason of the fraud or other wrong, and is equitably entitled to the property, even though such beneficiary may never have any legal estate therein. [Magallon v. Montejo, GR 73733, Dec. 16, 1986]. Consuetudo, contra rationem introducta, potius usurpatio quam consuetudo appellari debet. Lat. A custom against reason is rather an usurpation. [Tolentino v. Sec. of Finance, GR 115455, Aug. 25, 1994]. See also Constructio contra rationem introducta, potius usurpatio quam consuetudo appellari debet. Consul. Intl. Law. An officer of a commercial character, appointed by the different nations to watch over the mercantile and tourist interests of the appointing nation and of its subjects in foreign countries. A public official residing in a foreign country responsible for developing and protecting the economic interests of his govt. and looking after the welfare of his governments citizens who may be traveling or residing within his jurisdiction. Consul general. Intl. Law. A consular officer of the highest grade. Consular. Having to do with a consul or his office or duties. Consulate. 1. The place or building in which a consul's duties are carried out. 2. The office, position, or period of office of a consul. Consules electi. Intl. Law. Consuls who may or may not be nationals of the sending state and perform their consular functions only in addition to their regular callings. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 89]. Consules missi. Intl. Law. Professional or career consuls who are nationals of the sending state and are required to devote their full time to the discharge of their duties. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 89].

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Consulta. 1. The act of the Register of Deeds in bringing a matter to the Land Registration Commissioner [now Administrator] when the former is in doubt as to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage, or other instrument presented to him for registration by the party interested in it. 2. The bringing to the attention of the Land Registration Commissioner (now Administrator), either upon his certification stating the question upon which he is in doubt, or upon the suggestion in writing by the party in interest, a step or act still undone by the register of deeds by reason of his doubt. [Register of Deeds of Manila v. Magdalena Estate, GR L-9102. May 22, 1959]. Consultation. The constitutionally mandated process whereby the public, on their own or through people's organizations, is provided an opportunity to be heard and to participate in the decisionmaking process on matters involving the protection and promotion of its legitimate collective interest, which shall include appropriate documentation and feedback mechanisms. [Sec. 3, RA 7279]. Consulting architect. The architect registered and licensed or permitted to practice under RA 9266, who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch of architecture. [Sec. 3, RA 9266]. Consulting services. Services for infrastructure projects and other types of projects or activities of the govt. requiring adequate external technical and professional experts that are beyond the capability and/or capacity of the govt. to undertake such as, but not limited to: (I) advisory and review services; (ii) pre investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies. [Sec. 5, RA 9184]. Consumables. 1. Those things whose use acc. to their nature destroys the substance of the thing or causes their loss to the owner. Food is an example of a consumable thing. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 27]. 2. Items for consumption [i.e. for satisfying a personal need rather than for producing goods or services]. [Customs AO 3-95, Dec. 6, 1995]. Consumer. 1. Natural person or organized consumer groups who are purchaser, lessees, recipient, or prospective purchasers, lessees, recipients of consumer products, services or credit. [Sec. 4, RA 8800]. Consumer Act of the Philippines. RA 7394 entitled The Consumer Act of the Phils. enacted on Apr. 13, 1992. Consumer credit. Any credit ex-tended by a creditor to a consumer for the sale or lease of any consumer product or service under which part or all of the price or payment therefor is payable at some future time, whether in full or in installments. [Art. 4, RA 7394]. Consumer goods. Goods which are used or bought for use primarily for personal, family or household purposes. Such goods are not intended for resale or further use in the production of other products. (Goods which by their very nature are ready for consumption.) [Marsman &

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Co. v. First Coconut Central Co., GR L39841. June 20, 1988]. Consumer loan. A loan made by the lender to a person which is payable in installments for which a finance charge is or may be imposed. This term includes credit transactions pursuant to an open-end-credit plan other than a seller credit card. [Art. 4, RA 7394]. Consumer product safety rule. A consumer product safety standard declaring a consumer product banned hazardous product. [Art. 4, RA 7394]. Consumer products and services. Goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices. [Art. 4, RA 7394]. Consumer transaction. (a) (i) A sale, lease, assignment, award by chance, or other disposition of consumer products, incl. chattels that are intended to be affixed to land, or of services, or of any right, title, or interest therein, except securities as defined in the Securities Act and contracts of insurance under the Ins. Code, or (ii) a grant of provision of credit to a consumer for purposes that are primarily personal, family, household or agricultural, or (b) a solicitation or promotion by a supplier with respect to a transaction referred to in clause (a). [Art. 4, RA 7394]. Consumerism. 1. The protection or promotion of the interests of consumers. 2. The preoccupation of society with the acquisition of consumer goods. Consumers cooperative. One the primary purpose of which is to procure and distribute commodities to members and nonmembers. [Art. 23, RA 6938]. Consummate. 1. V. Make a marriage or relationship complete by having sexual intercourse. 2. Adj. Showing a high degree of skill and flair; complete or perfect. Consummated contract. A contract that is partially or completely executed. Consummated felony. A felony where all the elements necessary for its execution and accomplishment are present. [Art. 6. RPC]. Consummated rape. Rape [which] was consummated from the moment the offender had carnal knowledge of the victim since by it he attained his objective. All the elements of the offense were already present and nothing more was left for the offender to do, having performed all the acts necessary to produce the crime and accomplish it. [People v. Orita, GR 88724 Apr. 3, 1990]. Compare with Attempted rape. Consummation. The stage when the parties perform their respective undertakings under the contract culminating in the extinguishment thereof. [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. Compare with Negotiation and Perfection. Contact fire. The phrase implies that the muzzle of the firearm had touched a part of the victim's body. [Austria v. People, GR 83530. Dec. 18, 1990]. Compare with Near contact fire. Contact tracing. The method of finding and counseling the sexual partner(s) of a person who has been diagnosed as

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having sexually transmitted disease. [Sec. 4, RA 8496]. Contacts. See Connecting factors. Container. 1. Any form of packaging of products for sale as a normal retail unit, incl. wrappers. [Sec.4, EO 51, Oct. 20, 1986]. 2. Any structure designed to contain, carry and keep articles, materials and products together inside a hold in the form of boxes, tanks, and the like, for singular or unit handling and transport, generally having an internal volume or capacity of not less than 1 cubic meter. Containers are further defined acc. to their uses as dry cargo, refrigerated, liquid bulk, platform, open top, solid bulk, ventilated, etc. [Sec. 1, PPA AO 08-79]. Containerization system. A system devised to facilitate the expeditious and economical loading, carriage and unloading of cargoes. Under this system, the shipper loads his cargoes in a specially designed container, seals the container and delivers it to the carrier for transportation. The carrier does not participate in the counting of the merchandise for loading into the container, the actual loading thereof nor the sealing of the container. Having no actual knowledge of the kind, quantity or condition of the contents of the container, the carrier issues the corresponding bill of lading based on the declaration of the shipper. Then, the matter of quantity, description and conditions of the cargo is the sole responsibility of the shipper. [US Lines, Inc. v. Comm. of Customs, GR 73490. June 18, 1987]. Containerized or Container cargo. Cargoes packed inside a container for easy handling or transporting of the same as a unit. [Sec. 1, PPA AO 08-79]. Contaminate. Make something impure by exposure to or addition of a poisonous or polluting substance. Contamination. The production of substances not found in the natural composition of water that make the water less desirable or unfit desirable or unfit for intended use. [Sec 4, RA 9275]. Contemner (or Contemnor). A person or entity who is guilty of contempt before a judicial or legislative body. Contemnor. See Contemner. Contemporanea expositio. Lat. Contemporaneous exposition, or construction. Stat. Con. A construction drawn from the time when, and the circumstances under which, the subject matter to be construed, such as a custom or statute, originated. [People v. Simon, GR 93028. July 29, 1994]. Contemporanea expositio est optima et fortissima in lege. Lat. Contemporaneous exposition or construction is the best and strongest in the law. [People v. Puno, GR 97471. Feb. 17, 1993]. Contemporaneous. Existing or occurring in the same period of time. Contemporaneous circumstances. The conditions existing at the time the law was enacted. [Suarez, Intro. to Law, 1995 3rd Ed., p. 23]. Contemporaneous construction by executive officers. Stat. Con. Construction placed upon a statute by the executive officers whose duty it is to enforce it, and unless such interpretation is clearly

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erroneous, will ordinarily be controlled thereby. [In Re: Allen, GR 1455. Oct. 29, 1903]. Compare with Prospective construction. Contempt. A willful disregard or disobedience. [Narcida v. Bowen, 22 Phil. 365; People v. Rivera, 91 Phil. 354]. Contempt of court. 1. A defiance of the authority, justice or dignity of the court; such conduct as tends to bring the authority and administration of the law into disrespect or to interfere with or prejudice parties litigant or their witnesses during litigation. [Halili v. CIR, 136 SCRA 57 (1985)]. 2. Some act or conduct which tends to bring the authority of the court in disrepute or to interfere with the administration of justice. 3. Willful disobedience of a judge's command or of an official court order. Contemptuous. scornful. Showing contempt; Contestable market. The electricity endusers who have a choice of a supplier of electricity, as may be determined by the Energy Regulatory Commission (ERC) in accordance with RA 9136. [Sec. 4, RA 9136]. Contested case. Any proceeding, incl. licensing, in which the legal rights, duties or privileges asserted by specific parties as required by the Consti. or by law are to be determined after hearing. [Sec. 2, Chap. 1, Book VII, EO 292]. Contiguous. It means (a) in physical contact; (b) touching along all or most of one side; (c) near, text, or adjacent. Contiguous zone. 1. Water, sea bottom and substratum measured 24 nautical miles (24 n. m.) seaward from the base line of the Phil. archipelago. [Sec. 3, RA 7942]. 2. A maritime zone seaward of a coastal state's territorial sea that may extend out to a distance of 24 miles from the baselines from which the territorial sea is measured. In this zone, the coastal state may turn back a ship planning to commit illegal acts inside its territorial waters or arrest a ship leaving its territorial waters that has violated local law. 3. A zone contiguous to the territorial sea and extends up to 12 nautical miles from the territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. [Arts. 33, UNCLOS]. Compare with Exclusive economic zone. Continent. 1. N. Any of the world's main continuous expanses of land [Africa, Antarctica, Asia, Australia, Europe, North America, South America]. 2. Adj.

Content-based restraint or censorship. Restriction [that] is based on the subject matter of the utterance or speech. [Chavez v. Gonzales, GR 168338, 15 Feb. 2008]. Compare with Contentneutral regulation. Contentious. Causing or likely to cause an argument; controversial. Contentious action or proceedings. See Adversarial action or proceedings. Content-neutral regulation. Regulation that is merely concerned with the incidents of the speech, or one that merely controls the time, place or manner, and under well defined standards. [Chavez v. Gonzales, GR 168338, 15 Feb. 2008]. Compare with Content-based restraint or censorship.

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Able to control movements of the bowels and bladder. Continental. Forming or belonging to a continent. Continental shelf. 1. It comprises the seabed and the subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory to the outer edge of the continental margin, or to a distance of 200 miles from the baselines from which the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. [Sandoval, Pol. Law Reviewer 2003]. 2. The seabed and subsoil of the submarine areas that extend beyond a coastal state's territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin. A coastal state may claim a continental shelf of up to 200 miles from the baselines from which the territorial sea is measured even if the continental margin is not that far seaward; but its maximum claim can be no more than 350 miles. Continental shelf of a coastal state. Intl. Law. [This] comprises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the "baselines from which the breadth of the territorial sea is measured where the outer edge of the continental shelf does not extend up to that distance. Continental stroke. An upward movement of a knife or blade instrument, causing a stab wound. Contingency. 1. A future event or circumstance that is possible but cannot be predicted with certainty. 2. A provision for such an event or circumstance. Contingency planning. A management process that analyzes specific potential events or emerging situations that might threaten society or the environment and establishes arrangements in advance to enable timely, effective and appropriate responses to such events and situations. [Sec. 3, RA 10121]. Contingent. 1. Adj. Subject to chance. 2. N. A group of people united by some common feature, forming part of a larger group. Contingent beneficiary. The person named in a policy to receive the proceeds at the death of the insured in the event the Primary beneficiary dies. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28]. Contingent benefit plans. The timing of the provision of the benefits of which is conditional on the occurrence of the contingency. [Sec. 4, RA 9829]. Contingent claim. 1. One which has not accrued, and which is dependent on the happening of some future event. 2. Within the rule that claims against an estate which are not contingent are barred if not presented within a certain time, it is one depending upon something thereafter to happen. Such a claim is not contingent after the happening of the event. 3. A claim against a decedent, not absolute or certain, but depending upon some event after the death of the testator or intestate which may or may not happen. A subsisting demand against the estate of a de-

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ceased person which had matured and was capable of being enforced during the lifetime of the deceased is not a contingent claim. [Reyes v. Rosenstock, GR 23718. Aug. 28, 1925]. Contingent fee agreement. A no recovery, no fee agreement bet. a lawyer and a client, i.e., if the lawyer wins his case, he acquires a right to whatever amount stipulated bet. him and his client. See also Champertous contract. Continua. See Accession continua. Continuance. Postponement of a legal proceeding to a later date. Continued crime. A single crime consisting of a series of acts but all arising from one criminal resolution. It is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy. Although there are series of acts, there is only one crime committed. Hence, only one penalty shall be imposed. [Mallari v. People, GR L-58886. Dec. 13, 1988]. Continuing appropriations. Appropriations for specific projects, such as those for construction of physical structures, or for the acquisition of real property or equipment, which shall continue to be available until the project is completed or abandoned. Reversions shall not be made or appropriations obligated by contract. Appropriations not obligated by contract may not be continued if the same would result in a negative balance in the unappropriated account of the fund concerned. [Sec. 14, PD 477]. Continuing crime. A crime which occurred on board a foreign vessel, which began when the ship was in a foreign territory and continued when it entered into Phil. waters. Hence, the crime is within the jurisdiction of the local courts. [US v. Bull, 15 Phil. 7, 27 (1910)]. Continuing guaranty. One which is not limited to a single transaction, but which contemplates a future course of dealing, covering a series of transactions, generally for an indefinite time or until revoked. It s prospective in its operation and is generally intended to provide security with respect to future transactions within certain limits, and contemplates a succession of liabilities, for which, as they accrue, the guarantor becomes liable. Otherwise stated, a continuing guaranty is one which covers all transactions, incl. those arising in the future, which are within the description or contemplation of the contract of guaranty, until the expiration or termination thereof. [Dio v. ca GR 89775. Nov. 26, 1992]. Continuing mandamus. Rem. Law. A writ issued by a court in an environmental case directing any agency or instrumentality of the govt. or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Continuing objections. When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it be-

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ing sufficient for the adverse party to record his continuing objection to such class of questions. [Sec. 37, Rule 132, RoC]. Continuing offense. An unlawful act performed continuously or over and over again. [Apiag v. Cantero, AM MTJ-951070. Feb. 12, 1997]. Continuing Professional Education (CPE). The inculcation, assimilation and acquisition of knowledge, skills, proficiency and ethical and moral values, after the initial registration of a professional that raise and enhance the professional's technical skills and competence. [Sec. 4, RA 10166]. Continuity. An uninterrupted succession or flow; a coherent whole. Continuity of jurisdiction. Rem. Law. The general principle that once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do to exercise that jurisdiction. See Adherence of jurisdiction. Continuity of law principle. The legal maxim that, excepting that of a political nature, law once established continues until changed by some competent legislative power. It is not changed merely by chance of sovereignty. [Co Cham v. Tan Keh, 75 Phil. 113. Sep. 17, 1945]. Continuous. Uninterrupted in time, sequence, substance, or extent. Continuous crime. A single crime consisting of a series of acts arising from a single criminal resolution or intent not susceptible of division. [People v. Ledesma, 73 SCRA 77 (1976)]. Continuous easements. Those easements the use of which is or may be incessant, without the intervention of any act of man. [Art. 615, CC]. Continuous possession. Possession (that) is uninterrupted, unbroken and not intermittent or occasional. [Dir. of Lands v. IAC, GR 68946. May 22, 1992]. Contra bonos mores. Also Contra bonus mores. Lat. Contrary to good morals. Elements. (a) There is an act which is legal; (b) but which is contrary to morals, good custom, public order, or public policy; (c) and it is done with intent to injure. Thus, under any of these 3 provisions of law, an act which causes injury to another may be made the basis for an award of damages. [Albenson Enterprises Corp. v. CA, GR 88694. Jan. 11, 1993]. See Acts contra bonus mores. Contra factum non valet argumentum. Lat. Against this fact no argument can prevail. [Fed. of Free Farmers v. CA, GR L-41161. Sep. 10, 1981] Contra proferentem. Lat. 1. Against the party proffering the evidence. 2. Against the party who caused the ambiguity and could have avoided it by the exercise of a little more care. [Orient Air Services & Hotel Reps. v. CA, GR 76931, 29 May 1991]. 3. A rule premised on the belief that if a party is able to stipulate terms, or is the party who writes the contract, then implicitly he occupies the stronger position. To redress the imbalance bet. the parties, contra proferentem holds that the interpretation that favors the other party will be chosen. Contraband. Any article the importation or exportation of which is prohibited by law.

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[Comm. of Customs v. CTA, GR L33471. Jan. 31, 1972]. Contract. Civ. Law. A meeting of minds bet. 2 persons whereby one binds himself, with respect to the other, to give something or to render some service. [Art. 1305, CC]. Contracts, in general, are perfected by mere consent, which is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. [Adelfa Properties v. CA, GR 111238. Jan. 25, 1995]. Contract. Civ. Law. Classes of elements: (a) Essential elements without which there is no valid contract; (b) natural elements or those presumed to exist by the fact that the contract was entered into (e.g., implied warranties in a contract of sale); and (c) accidental elements or the particular stipulations established by the parties (e.g., interests in a contract of loan). [Diaz, Bus. Law Rev., 1991 Ed., p. 64]. Contract. Civ. Law. Essential requisites: (a) Consent of the contracting parties; (b) object certain which is the subject matter of the contract; (c) cause of the obligation which is established. [Art. 1318, CC]. Contract area. Land or body of water delineated for purposes of exploration, development, or utilization of the minerals found there-in. [Sec. 3, RA 7942]. Contract for a piece of work. See Piece of work contract. Contract implied in fact. An agreement arrived at by a consideration of the acts and conducts of the parties involved. Also Implied-in-fact contract. Contract of adhesion. One in which one of the parties imposes a ready-made form of contract, which the other party may accept or reject, but which the latter cannot modify. [PCIBank v. CA, GR 97785. Mar. 29, 1996]. Contract of affreightment. The contract bet. a ship-owner and another person called the charterer, by which the shipowner agrees to carry goods of the charterer in his ship, or to give to the charterer the use of the whole or part of the cargo-carrying space of the ship for the carriage of his goods on a specified voyage or voyages or for a specified time. See Affreightment contract. Contract of agency. See Agency and Agency contract. Contract of education. [A contract impliedly] entered into bet. [the educational or learning] institution and the student when the latter is enrolled in the former. [From Univ. of the East v. Jader, GR 132344, Feb. 17, 2000]. Contract of pure beneficence. Contracts designed solely and exclusively to procure the welfare of the beneficiary, without any intent of producing any satisfaction for the donor; contracts, in other words, in which the idea of self-interest is totally absent on the part of the transferor. [Liguez v. CA, GR L-11240 Dec. 18, 1957]. See Gratuitous contract. Contract of sale. A contract wherein title passes to the vendee upon the delivery of the thing sold and the vendor has lost and cannot recover ownership until and unless the contract is resolved or re-

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scinded. Compare with Contract to sell. Contract of sale. Elements: a) Consent or meeting of the minds, that is, consent to transfer ownership in exchange for the price; b) Determinate subject matter; and c) Price certain in money or its equivalent. [GR 103577. Oct. 7, 1996. Coronel v. CA]. Contract of sale. Stages: (a) Preparation, conception, or generation, which is the period of negotiation and bargaining, ending at the moment of agreement of the parties; (b) perfection of birth of the contract, which is the moment when the parties come to agree on the terms of the contract; and (c) consummation or death, which is the fulfillment or performance of the terms agreed upon in the contract. [Tolentino, Commentaries and Jurisp. on the Civ. Code of the Phils., Vol. 4, 1985 Ed., 411; Paras, Civ. Code of the Phils. Annotated, vol. 4, 1989 Ed., 490]. Contract price. The stipulated price in the pre-need plan. [Sec. 4, RA 9829]. Contract to sell. A bilateral con-tract whereby the prospective seller, while expressly reserving the ownership of the subject property despite delivery thereof to the prospective buyer, binds himself to sell the said property exclusively to the prospective buyer upon fulfillment of the condition agreed upon, that is, full payment of the purchase price. [Coronel v. CA, GR 103577. Oct. 7, 1996]. Compare with Contract of sale. Contract upon future inheritance. Succ. A contract prohibited under the 2nd par. of Art. 1347 of the Civ. Code, which may be classified as such where the following requisites concur: (1) That the succession has not yet been opened; (2) that the object of the contract forms part of the inheritance; and, (3) that the promissor has, with respect to the object, an expectancy of a right which is purely hereditary in nature. [J.L.T. Agro Inc. v. Balansag, 493 Phil. 365, 378-379 (2005)]. Contract worker. Any person working or who has worked overseas under a valid employment contract and shall include seamen or any person working overseas or who has been employed by another which may be a local employer, foreign employer, principal or partner under a valid employment contract and shall include seamen. [Eastern Shipping Lines v. POEA, GR L-76633. Oct. 18, 1988]. Contract-add-and-operate. A contractual arrangement whereby the project proponent adds to an existing infrastructure facility which it is renting from the government. It operates the expanded project over an agreement franchise period. There may, or may not be, a transfer arrangement in regard to the facility. [Sec. 2, RA 7718]. Contract-bar rule. A principle in labor law that a collective bar-gaining agreement of reasonable duration is, in the interest of the stability of industrial relations, a bar to certification elections. [CCLU v. NLRC, GR L-38955-56. Oct. 31, 1974]. Contracting. Labor. An arrangement whereby a principal agrees to put out or farm out with a contractor or subcontractor the performance or completion of a specific job, work or service within a definite or pre-determined period regardless of whether such job is to be per-

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formed or completed within or outside the premises of the principal. Contractor. 1. A qualified person acting alone or in consortium who is a party to a mineral agreement or to a financial or technical assistance agreement. [Sec. 3, RA 7942]. 2. Any entity accredited under the laws which may or may not be the project proponent and which shall undertake the actual construction and/or supply of equipment for the project. [Sec. 2, RA 7718]. 3. A person, natural or juridical, not subject to professional tax, whose activity consists essentially of the sale of all kinds of services for a fee, regardless of whether or not the performance of the service calls for the exercise or use of the physical or mental faculties of such contractor or his employees. [Sec. 131, RA 7160]. 4. The term is deemed synonymous with the term builder and, hence, any person who undertakes or offers to undertake or purports to have the capacity to undertake or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, incl. the erection of scaffolding or other structures or works in connection therewith. The term contractor includes subcontractor and specialty contractor. [Sec. 9, RA 4566]. Contractor's Bond Act. Act 3959. [Expressly repealed by the Labor Code]. Contractors' License Law. RA 4566 entitled An Act creating the Phil. Licensing Board for Contractors, prescribing its powers, duties and functions, providing funds therefor, and for other purposes enacted on June 19, 1965. Contracts construed together principle. The principle that in determining the intention of the parties from the wording of the contract, the whole contract must be construed together. See Complimentarity of contract principle. Contractual. Of, relating to, or having the nature of a contract. Contractual personnel. Civ. Serv. Those whose employment in the government is in accordance with a employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency. [Sec. 9. Rev. Admin. Code]. Contractual reservation of title. A provision in a contract for the sale of goods that the title to the goods remains vested in the seller until certain obligations [usu. payment of the purchase price] are fulfilled by the buyer. See Pactum reservati dominii. Contradictory. Mutually opposed or inconsistent. Contradictory evidence. Testimony or evidence, consisting of prior inconsistent statements, presented by the same witness in the same case. Contrahaciendo. Sp. Hacer una cosa tan parecida a otra que con dificultad se

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distingan. Eng. To make a thing of such close resemblance to another that it is distinguished only with difficulty. [US v. Paraiso, GR 91. Nov. 13, 1901]. Compare with Fingir. Contrato inexistente. In Sp. law, a contract void ab initio. Contrato nulo. In Sp. law, a voidable contract. Contributing oil. Crude oil and fuel oil as defined in RA 9483. [Sec. 3, RA 9483]. Contribution. The amount paid by or in behalf of a member to the Natl. Health Insurance Program for coverage, based on salaries or wages in the case of formal sector employees, and on household earnings and assets, in the case of self-employed, or on other criteria as may be defined by the Phil. Health Ins. Corp. (PHIC) in accordance with the guiding principles set forth in Art. 1 of RA 7875, as amended. [Sec. 1, RA 9241]. Contributory. Helping to bring about a result. Contributory negligence doctrine. 1. The act or omission amounting to want of ordinary care on the part of the person injured which, concurring with the defendant's negligence, is the proximate cause of the injury. [Ma-ao Sugar Central v. CA, GR 83491. Aug. 27, 1990]. 2. This doctrine may be stated as follows: If the negligence of the plaintiff cooperated with the negligence of the defendant in bringing about the accident causing injury complained of, such negligence of the plaintiff would be an absolute bar to recovery. But if the negligence of the plaintiff is merely contributory to his negligence, such negligence would not be a bar to recovery, but the amount recoverable shall be mitigated by the courts. [Rakes v. AG & P, 7 Phil 359; Cangco v. Manila Railroad Co., 36 Phil 766; Del Prado v. Manila Electric Co., 52 Phil. 900; Art. 2179, CC]. Contributory negligence. A mitigating circumstance in criminal prosecutions for negligence where it can be shown that the injury or damage suffered by the offended party was caused in part by his own failure to observe the necessary precaution. Contributory plan. An insurance policy that requires an employee to pay a portion of the premium, which the employer deducts from wages while the remainder is paid by the employer. [Pineda v. CA, GR 105562, Sept. 27, 1993]. Compare with Non-contributory plan. Control. 1. Corp Law. The power of a parent corporation to direct or govern the financial and operating policies of an enterprise so as to obtain benefits from its activities. Control is presumed to exist when the parent owns, directly or indirectly through subsidiaries or affiliates, more than of the voting power of an enterprise unless, in exceptional circumstances, it can clearly be demonstrated that such ownership does not constitute control. Control also exists even when the parent owns or less of the voting power of an enterprise when there is power: (1) over more than of the voting rights by virtue of an agreement with investors; (2) to direct or govern the financial and operating policies of the enterprise under a statute or an agreement; (3) to appoint or remove the majority of the members of the board of directors or equivalent

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governing body; or (4) to cast the majority votes at meetings of the board of directors or equivalent governing body. [Sec. 4, RA 10142; Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008; Sec. 3, RA 9856]. 2. Ownership of stocks in a corporation possessing at least 51% of the total voting power of all classes of stocks entitled to vote. [Sec. 34, NIRC, as amended]. 3. The power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of an official position with such company. Any person who owns beneficially, either directly or through one or more controlled companies, more than 30% of the voting securities of a company shall be presumed to control such company. Any person who does not so more than 30% of the voting securities of any company shall be presumed not to control such company. [Sec. 3, RA 2629]. Control. Admin. Law. The power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. [Mondano v. Silvosa, GR L-7708. May 30, 1955]. Compare with Supervision. Control powers of the President. A fundamentally accepted principle in Constitutional Law that the Pres. has control of all executive departments, bureaus, and offices. [Carpio v. Exec. Sec., GR 96409. Feb. 14, 1992]. Control test. Comm. Law. The test under which shares belonging to corporations or partnerships at least 60% of the capital of which is owned by Filipino citizens shall be considered as of Phil. nationality. Compare with Strict test or Grandfather rule. Control test. Corp. Law. The rule that the nationality of the private corporation is determined by the citizenship of its controlling stockholder. [Diaz, Bus. Law Rev., 1991 Ed., p. 245]. Control test. Labor. Elements [that] constitute the reliable yardstick [whenever the existence of an employment relationship is in dispute]: (a) the selection and engagement of the employee; (b) the payment of wages; (c) the power of dismissal; and (d) the employer's power to control the employee's conduct. [Aurora Land Projects Corp. v. NLRC, GR 114733. Jan. 2, 1997]. Control, Power of. The power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for the latter. [Garcia v. COA, GR 75025. Sep. 14, 1993]. Controlled delivery. The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense. [Sec 3, RA 9165]. Controlled precursors and essential chemicals. Those listed in Tables I and II of the 1988 UN Convention Against Il-

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licit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of RA 9165. [Sec 3, RA 9165]. Controller. An officer who audits accounts and supervises the financial affairs of a corporation or of a governmental body. See Coordinator. Controlling Authority. The official authority charged by the government with the control of meat hygiene and meat inspection. [Sec. 4, RA 9296]. Controversy. A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. [PAL v. NLRC, GR 120567. Mar. 20, 1998]. Contumacious. Obstinately disobedient or rebellious; insubordinate. Convene. To call together, cause to assemble, or convoke. [Kapatiran ng mga Naglilingkod sa Pamahalaan ng Pilipinas, Inc. v. Tan, GR L-81311. June 30, 1988]. Convention. Intl. Law. 1. Legally binding agreement bet. states sponsored by an international organization. 2. A multilateral treaty or agreement, usu. restricted to some technical matters. The term is now used by the UN for agreements, involving all or almost all members of the UN on a particular subject, such as the Vienna Convention on Treaties. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or the Torture Convention. The Convention adopted by the UN General Assembly on 10 Dec. 1984 (Resolution 39/46) and entered into force on 26 June 1987 after it had been ratified by 20 States. Convention award. A foreign arbitral award made in a Convention State. [Sec. 3, RA 9285]. Convention state. A State that is a member of the New York Convention. [Sec. 3, RA 9285]. Conventional. Based on or in accordance with general agreement, use, or practice; customary. Conventional constitution. Consti. Law. A constitution enacted deliberately and consciously by a constituent body or ruler at a certain time and place. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 9]. Compare with Cumulative constitution. Conventional period. Also Voluntary period. The period agreed upon by the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Conventional redemption. Redemption that takes place when the vendor reserves the right to repurchase the thing sold, with the obligation to return to the vendee the price of the sale, and, in addition, the expenses of the contract and any other legitimate payments made by reason of the sale as well as the necessary and useful expenses made on the thing sold, and with other stipulations which may have been agreed upon. [Arts. 1601 and 1616, CC]. Compare with Legal redemption. Conventional subrogation. Subrogation which takes place when a 3rd person acquires all the rights of a creditor by express agreement of the debtor, the

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original creditor and the 3rd person (new creditor). [Diaz, Bus. Law Rev., 1991 Ed., p. 59]. Also referred to as the Doctrine of substitution. Conversion. 1. An unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, resulting in the alteration of their condition or the exclusion of the owner's rights. It takes place when a person actually appropriates the property of another to his own benefit, use, and enjoyment [Trinidad v. CA, 53 OG 731]. 2. The act of changing the current use of a piece of agricultural land into some other use as approved by the DAR. [Alarcon v. CA, 453 Phil. 373, 382-383 (2003)]. Compare with Reclassification. Conversion period. The time bet. the start of the organic management and the certification of crops, animal husbandry or a aquaculture products as organic. [Sec. 3, RA 10068]. Convert. 1. To use or dispose of another's property as if it were one's own. [Sy v. People, GR 85785. Apr. 24, 1989]. 2. [The term] connote[s] an act of using or disposing of anothers property as if it were ones own, or of devoting it to a purpose or use different from that agreed upon. [Tabaniag v. People, GR 165411, June 18, 2009]. Compare with Misappropriate. Convertible bond. Corp. Law. One which may be exchanged for another security, usu. stock. The conversion privilege, a matter of contract, is usu. at the option of the bond-holder, limited to a stated period of time or conversion period and made at a prescribed rate of exchange or conversion ratio. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69]. Convertible share. Corp. Law. A share which is convertible or changeable by the stockholder from one class to another class (such as from preferred to common) at a certain price and within a certain period. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Convey. Broadly, to transfer property or title to property from one person to another. It may, however, include any other transaction by which any interest in real estate is created short of transferring title thereof. [Angela Estate v. CFI Negros Occ., GR L-27084. July 31, 1968]. Conveyance. 1. A written document which transfers property from one person to another. In real-estate law, the conveyance usu. refers to the actual document which transfers owner-ship, bet. persons living [i.e., other than by will], or which charges the land with another's interest, such as a mortgage. 2. It may refer not only to an absolute sale but also to mortgage or any other transaction. It signifies every instrument by which any estate or interest in real estate is created, alienated, mortgaged, or assigned. [Patalinghud v. Ballesteros, GR L25421. Mar. 31, 1971]. Convict. 1. N. One who has been finally condemned by a court, one who has been adjudged guilty of a crime or misdemeanor. 2. V. To condemn after a judicial investigation. [Torres v. Gonzales, GR 76872. July 23, 1987]. Conviction. 1. A verdict judgment, or plea of guilty, if such verdict, judgment or plea has not been reversed, set aside,

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or withdrawn, whether or not sentence has been imposed. [Sec. 3, RA 2629]. 2. The result of a criminal trial which ends in a judgment or sentence that the prisoner is guilty as charged. [Torres v. Gonzales, GR 76872. July 23, 1987]. Often denotes the Final judgment of the court. 3. The formal decision of a criminal trial which finds the accused guilty. It is the finding of a court that a person has, beyond reasonable doubt, committed the crime for which he has been accused. It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sentenced. 4. A judgment of guilt against a criminal defendant. Cooling-off. Becoming quiet or calm, esp. after a state of agitation. Cooling-off period. Labor. The period of time that both parties to a labor dispute must observe before carrying out a strike or imposing a lockout to afford each contending party more time to arrive at a mutually acceptable solution to their problem; the required number of days that must elapse bet. the filing of the notice to strike and 30 days in the case of an economic strike, for the purpose of allowing tempers to cool down and to give a chance for reconciliation and mediation work. Cooperation. That assistance which Art. 17 of the Rev. Penal Code prescribes of an accomplice (that) is knowingly and intentionally given and is not possible without prior knowledge of the criminal purpose. Cooperation clause. Ins. 1. A clause which provides in essence that the insured shall give all such information and assistance as the insurer may require, usu. requiring attendance at trials or hearings. 2. A policy provision compelling the insured to assist an insurer in defending claims under a policy. The rationale behind this provision is that the insured, rather than the insurer, is in a much better position to ascertain certain information about claims that are critical to the defense process. Cooperative. 1. A duly registered association of persons with a common bond of interest who have voluntarily joined together to achieve a lawful common social and economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles. [Sec. 4, RA 8435]. 2. A duly registered association of at least 15 persons, majority of which are poor, having a common bond of interest, who voluntarily join together to achieve a lawful common social and economic end. It is organized by the members who equitably contribute the required share capital and accept a fair share of the risks and benefits of their undertaking in accordance with the universally accepted corporate principles and practices. [Sec. 3, RA 8425]. 3. A duly registered association of persons, with a common bond of interest, who have voluntarily joined together to achieve a lawful common social economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles. [Sec. 4, RA 7607].

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Cooperative banks. Banks whose owners are farmer's associations or cooperatives. [Sec. 4, RA 7607]. Cooperative Code of the Philippines. RA 6938 entitled An Act to Ordain a Cooperative Code of the Phils. enacted on Mar. 10, 1990. Cooperative Development Authority (CDA). The govt. agency in charge of the registration and regulation of cooperatives. [Art. 5 (8), RA 6938; Sec. 1, RA 9520]. Cooperative settlement training. The training of a group of young people or farmer families in modern methods in agriculture and cooperative living and subsequently to organize and locate them in cooperative settlement. [Sec. 1, Rule 1, Book 2, IRR of LC]. Cooperatives. Organizations composed primarily of small agricultural producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operated on the principle of one member, one vote. A juridical person may be a member of a cooperative, with the same rights and duties as a natural person. [Sec. 3, RA 6657]. Coordination. Harmonious combination. Coordinator. Also Controller, Supervisor, Encargado or variants thereof. Any person who exercises control and supervision over the collector or agent. [Sec. 2, RA 9287]. Co-ownership. 1. The ownership of an undivided thing or right belonging to different persons. [Art. 484, CC]. 2. A form of trust and every co-owner is a trustee for the other. In co-ownership, the relationship of each co-owner to the other co-owners is fiduciary in character and attribute. Whether established by law or by agreement of the co-owners, the property or thing held pro-indiviso is impressed with a fiducial nature that each co-owner becomes a trustee for the benefit of his co-owners and may not do any act prejudicial to the interest of his co owners. [Sotto v. Teves, GR L38018. Oct. 31, 1978]. Copper smelting and refining. The manufacture of copper into basic forms, such as ingots, bars, billets, sheets, strips, circles, sections, rods castings and extrusion. [Sec. 2, RA 4095]. Co-production agreement (CA). An agreement entered into bet. the Govt. and one or more contractors in accordance with Sec. 26(b) of RA 7942. Copy. In the law of trademark, one who knows of another trademark and knowingly adopts a confusingly similar mark and uses it in the same or related goods. Copy Certification. A notarial act in which a notary public: (a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; (b) copies or supervises the copying of the instrument or document; (c) compares the instrument or document with the copy; and (d) determines that the copy is accurate and complete. [Sec. 4, Rule II, AM 02-8-13-SC]. Copyright. 1. The exclusive right: (a) to print, reprint, publish, copy, distribute, multiply, sell, and make photographs, photo-engravings, and pictorial illustra-

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tions of the works; (b) to make any translation or other version or extracts or arrangements or adaptations thereof; to dramatize it if it be a non-dramatic work; to convert it into a non-dramatic work if it be a drama; to complete or execute if it be a model or design; (c) to exhibit, perform, represent, produce, or reproduce, the work in any manner or by any method whatever for profit or otherwise; it not reproduced in copies for sale, to sell any manuscript or any record whatsoever thereof; (d) to make any other use or disposition of the work consistent with the laws of the land. [Sec. 5, PD 49]. 2. The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work. Copyright infringement. Copying a substantial part of the original work belonging to another. Coral. 1. The hard calcareous substance made up of the skeleton of marine coelenterate polyps which include reefs, shelves and atolls or any of the marine coelenterate animals living in colonies where their skeletons form a stony mass. [Sec. 4, RA 8550]. 2. Small anemone-like organisms belonging to Phylum coelenterata which secrete their own skeletons of various forms that may be hard, soft, stony or horny. [Sec. 3, PD 1219]. Coral reef. A natural aggregation of coral skeleton, with or without living coral polyps, occurring in intertidal and subtidal marine waters. [Sec. 4, RA 8550]. Coram non judice. Lat. 1. Before one who is not a judge. A legal term typically used to indicate a legal proceeding without a judge, with improper venue, or without jurisdiction. 2. [An order] having been issued when the court had no more jurisdiction over the case. [Balajadia v. Pineda, GR L-45335, Jan. 31, 1978]. Core list. A list of drugs that meets the health care needs of the majority of the population. [Sec. 3, RA 6675]. Cornea. The transparent layer forming the front of the eye. Corneal excision. The surgical removal of corneal tissue from cadaver eyes for the purpose[ of eye banking and transplant. [Sec. 4, DOH AO 11-95]. Corneal tissue. For purposes of tissue retrieval and eye banking, it refers to the entire transparent structure forming the anterior part of the fibrous tunic of the eye plus 2 to 3 millimeters of scleral tissue. As such, the tissue would be roughly 15 millimeters diameter and 0.4 to 0.5 millimeters in thickness. [Sec. 4, DOH AO 11-95]. Coronary. Legal Med. Encircling in the manner of a crown, a term applied to vessels, ligaments. etc. [Pa-ac v. ItogonSuyoc Mines, GR L-35800. July 23, 1987]. Coronary arteriosclerosis. Legal Med. A condition characterized by a hardening and thickening of the arteries which supply blood to the heart muscle. [Bautista v. WCC, GR L-42885. Nov. 23, 1977]. Coronary heart disease. A heart disease due to an abnormality of the arteries that supply blood and oxygen to the heart. Coronary occlusion. Legal Med. The occlusion, or closing off, of a coronary

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artery. [Pa-ac v. Itogon-Suyoc Mines, GR L-35800. July 23, 1987]. Commonly referred to as Heart attack. Coronary thrombosis. Legal Med. The sudden plugging of the artery by a blood clot developing within the vessel. [Pa-ac v. Itogon-Suyoc Mines, GR L-35800. July 23, 1987]. Commonly referred to as Heart attack. Corporal. Of or relating to the human body. Corporal punishment. 1. Any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine. [Rule on Juveniles in Conflict with The Law, AM 02-1-18SC, Nov. 24, 2009]. 2. A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body. A fine or imprisonment is not considered to be corporal punishment [in the latter case, although the body is confined, no punishment is inflicted upon the body]. The death penalty is the most drastic form of corporal punishment and is also called Capital punishment. Corporate. Of or relating to a corporation, esp. a large company or group. Corporate alter ego doctrine. A doctrine used by the courts to ignore the corporate status of a group of stockholders, officers, and directors of a corporation in reference to their limited liability so that they may be held personally liable for their actions when they have acted fraudulently or unjustly or when to refuse to do so would deprive an innocent victim of redress for an injury caused by them. See Piercing the veil of corporate entity (or fiction) doctrine. Corporate books and records. Records of all business transactions of a corporation kept and carefully preserved at its principal office incl. the minutes of all meetings of stockholders or members, or of the board of directors or trustees., in which is set forth in detail the time and place of holding the meeting, how authorized, the notice given, whether the meeting was regular or special, if special its object, those present and absent, and every act done or ordered done at the meeting. [Sec. 74, Corp. Code]. Corporate enterprise theory. The theory espousing that the corporation is not merely an artificial being but more of an aggregation of persons doing business or an underlying business unit. Corporate enterprises. Corporations, joint stock companies, co-operatives, limited liability partnerships and other financial and non-financial enterprises which by virtue of legislation, administrative regulations or registration, are recognised as business entities independent of their owners. Corporate existence, Commencement of. The date when a private corporation formed or organized under the Corp. Code commences to have corporate existence and juridical personality and is deemed incorporated which is reckoned from the date the SEC issues a certificate of incorporation under its official seal, and there-upon the incorporators, stockholders or members and their successors shall constitute a body politic and corporate under the name stated in the articles of incorporation for the period of time mentioned therein, unless said period is extended or the corpora-

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tion is sooner dissolved in accordance with law. [Sec. 19, Corp. Code]. Corporate farming. A term that describes the business of agriculture, specifically, what is seen by some as the practices of would-be megacorporations involved in food production on a very large scale. It is a modern food industry issue, and encompasses not only the farm itself, but also the entire chain of agriculturerelated business, incl. seed supply, agrichemicals, food processing, machinery, storage, transport, distribution, marketing, advertising, and retail sales. The term also includes the influence of these companies on education, research and public policy, through their educational funding and government lobbying efforts. "Corporate farming" is often used synonymously with "agribusiness" (although "agribusiness" quite often is not used in the corporate farming sense), and it is seen as the destroyer of the family farm. Corporate farms. Agricultural lands devoted to farming which are owned or operated by private corporations or other business associations. Corporate franchise. 1. The right to exist and do business as a corporation. 2. The right or privilege granted by the state or government to the persons forming an aggregate private corporation, and their successors, to exist and do business as a corporation and to exercise the rights and powers incidental to that form of organization or necessarily implied in the grant. See Primary franchise. Corporate liquidation. The continuation as a body corporate of a corporation whose charter expires by its own limitation or is annulled by forfeiture or otherwise, or whose corporate existence for other purposes is terminated in any other manner, for 3 years after the time when it would have been so dissolved, for the purpose of prosecuting and defending suits by or against it and enabling it to settle and close its affairs, to dispose of and convey its property and to distribute its assets, but not for the purpose of continuing the business for which it was established. [Sec. 122, Corp. Code]. Corporate negligence doctrine. [T]he judicial answer to the problem of allocating hospitals liability for the negligent acts of health practitioners, absent facts to support the application of respondeat superior or apparent authority. Its formulation proceeds from the judiciarys acknowledgment that in these modern times, the duty of providing quality medical service is no longer the sole prerogative and responsibility of the physician. The modern hospitals have changed structure. Hospitals now tend to organize a highly professional medical staff whose competence and performance need to be monitored by the hospitals commensurate with their inherent responsibility to provide quality medical care. [Professional Services, Inc. v. Agana, GR 126297, Jan. 31, 2007]. Corporate officers. Only those officers who are given that character either by the Corp. Code or the by-laws. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., pp. 192-193]. Corporate offsprings. See Subsidiaries. Corporate opportunity doctrine. The doctrine under which corporate officers are not permitted to the use their posi-

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tion of trust and confidence to further their interests. It is precisely a recognition by the courts that the fiduciary standards could not be upheld where the fiduciary was acting for 2 entities with competing interests. This doctrine rests fundamentally of the unfairness, in particular circumstances, of an officer or director taking advantage of an opportunity for his own personal profit when the interest of the corporation justly calls for protection. [Gokongwei v. SEC, GR L-45911. Apr. 11, 1979]. Corporate rehabilitation. 1. [It] connotes the restoration of the debtor to a position of successful operation and solvency, if it is shown that its continued operation is economically feasible and its creditors can recover by way of the present value of payments projected in the rehabilitation plan, more if the corporation continues as a going concern than if it is immediately liquidated. [Rule 2, Sec. 1, Rules of Procedure on Corp. Rehab., effective Jan. 19, 2009]. 2. It contemplates a continuance of corporate life and activities in an effort to restore and reinstate the corporation to its former position of successful operation and solvency, the purpose being to enable the company to gain a new lease on life and allow its creditors to be paid their claims out of its earnings. [Malayan Ins. Co., Inc. v. Victorias Milling Co., Inc., GR 167768, Apr. 17, 2009]. Corporate residence. The place stated in the law creating the corporation or in its Articles of Incorporation. Corporate responsibility doctrine. [The doctrine following which it was held that] a hospital x x x has the duty to see that it meets the standards of responsibilities for the care of patients. Such duty includes the proper supervision of the members of its medical staff. [Professional Services, Inc. v. Agana, GR 126297, Jan. 31, 2007]. Corporate secretary. Officer of a corporation responsible for the official documents of the corporation such as the official seal, records of shares issued, and minutes of all board or committee meetings. Corporate term. The period within which a corporation shall exist which shall not exceed 50 years from the date of incorporation unless sooner dissolved or unless said period is extended. The corporate term as originally stated in the articles of incorporation may be extended for periods not exceeding 50 years in any single instance by an amendment of the articles of in-corporation, in accordance with the Corp. Code. [Sec. 11, Corp. Code]. Corporation. 1. An artificial being created by operation of law, having the right of succession and the powers, attributes and proper-ties expressly authorized by law or incident to its existence. [Sec. 2, Corp. Code]. 2. An entity separate and distinct from its stockholders. While not in fact and in reality a person, the law treats a corporation as though it were a person by process of fiction or by regarding it as an artificial person distinct and separate from its individual stockholders. [Remo v. IAC, GR 67626. Apr. 18, 1989]. Corporation aggregate. [One] formed for the same purpose [as that of a corporation sole and] consists of 2 or more persons. [Iglesia Evangelica Metodista en las Islas Filipinas, Inc. v. Juane, GR 172447, Sept. 18, 2009].

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Corporation by estoppel. Persons who assume to act as a corporation knowing it to be without authority to do so. They are liable as general partners for all debts, liabilities and damages incurred or arising as a result thereof. When sued on any transaction entered by it as a corporation or on any tort committed by it as such, it is estopped from using as a defense its lack of corporate personality. [Sec. 21, Corp. Code]. Corporation by prescription. A corporation which has exercised corporate powers for an indefinite period without interference on the part of the sovereign power. E.g., Roman Cath. Church. Corporation Code. BP 68 entitled The Corp. Code of the Phils. enacted on May 1, 1980. Corporation sole. 1. A corporation formed by the chief archbishop, bishop, priest, minister, rabbi or other presiding elder of such religious denomination, sect or church for the purpose of administering and managing, as trustee, the affairs, property and temporalities of any religious denomination, sect or church. [Sec. 110, Corp. Code]. 2. A special form of corporation usu. associated with the clergy. Conceived and introduced into the common law by sheer necessity, this legal creation was designed to facilitate the exercise of the functions of ownership carried on by the clerics for and on behalf of the church which was regarded as the property owner [Rep. v. IAC, GR L-75042. Nov. 29, 1988]. Corporators. Those who compose a corporation, whether as stockholders or as members. [Sec. 5, Corp. Code]. Corporeal. Of, relating to, or characteristic of the body; bodily. Corpus. Body; collection. Corpus delicti. The body [material substance] upon which a crime has been committed, e.g., the corpse of a murdered man or the charred remains of a house burned by an arsonist. 3. In a derivative sense, it means the substantial fact that a crime was committed. [People v. Lorenzo, GR 110107. Jan. 26, 1995]. Corpus delicti. Elements: (a) That a certain result has been proved, for example a man has died or a building has been burned, and (b) that some person is criminally responsible for the act. [People v. Lorenzo, GR 110107. Jan. 26, 1995]. Correct. To make or set right; to remove the faults or error from. [Co v. Civil Register of Manila, GR 138496, 23 Feb. 2004]. Compare with Change. Correctional. Of or relating to the punishment of criminals in a way intended to rectify their behavior. Correctional penalties. The following are correctional penalties under the Rev. Penal Code: Prision correccional, arresto mayor, suspension, destierro, and fine, whether imposed as a single of as an alternative penalty, which does not exceed 6,000 pesos but is not less than 200 pesos. [Arts. 25-26, RPC]. Corrective. Designed to correct or counteract something harmful or undesirable. Corrective damages. Damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious,

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violent, oppressive, fraudulent, wanton, or grossly reckless. See Exemplary damages. Correlative. A reciprocal or complementary relationship. Correspondence with hostile country. Crim. Law. The felony committed by any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops. [Art. 120, RPC]. Correspondent bank. A bank which acts as an agent of another bank, esp. in carrying a deposit balance for the latter. Corroborate. Confirm or give support to a statement, theory, or finding. Corroborative. Collateral; serving to support or corroborate. Corroborative evidence. 1. Evidence which is of a different kind and character as that already given and tends to prove the same proposition. 2. Supplementary evidence that tends to strengthen or confirm the initial evidence. Compare with Cumulative evidence. Corrosive. 1. Any substance which on contact with living tissue will cause destruction of tissue by chemical action. [Art. 4, RA 7394]. 2. Any substance or material, either liquid, solid or gaseous, which through chemical reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline battery fluid packed with empty storage battery, alkyl chloroformate, alkytrichlorosilane, ammonium dinitroorthocresolate and other similar materials and substances. [Sec. 5, RA 6235]. Corrosive liquid. Any liquid which causes fire when in contact with organic matter or with certain chemicals. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Corrupt. 1. Adj. Having or showing a willingness to act dishonestly in return for money or personal gain. 2. V. Cause to act dishonestly in return for money or personal gain. Corrupt practices. In politics, [the tem refers to] fraud connected with elections. The term also refers to various offenses by public officials, incl. bribery, the sale of offices, granting of public contracts to favored firms or individuals, and granting of land or franchises in return for monetary rewards. Corruption. 1. Dishonest or fraudulent conduct by those in power, typically involving bribery. 2. The action of making someone or something morally depraved or the state of being so. Corruption of minors. Crim. Law. The felony committed by any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another. [Art. 340, RPC]. Corruption of public officials. Crim. Law. The felony committed by any person who shall have made the offers or promises or given the gifts or presents as described in Art. 210 and 211 of the Rev. Penal Code. [Art. 212, RPC]. Cosas muebles. Sp. Movable chattels. [US v. Carlos, GR 6295. Sep. 1, 1911]. Co-signer. See Co-maker. Cosmetics. 1. (a) Articles intended to be rubbed, poured, sprinkled or sprayed

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on, introduced into or otherwise applied to the human body or any part thereof for clean-sing, beautifying, promoting attractiveness, or altering the appearance, and (b) article intended for use as a component of any such article except that such term shall not include soap. [Art. 4, RA 7394]. 2. Any substance or preparation intended to be placed in contact with the various external parts of the human body or with the teeth and the mucous membranes of the oral cavity, with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and/or correcting body odor, and/or protecting the body or keeping them in good condition. [Sec. 9, RA 9711]. Cost. An amount that has to be paid or spent to buy or obtain something. Cost and freight (C & F). 1. Shipment contracts. The term means that the price fixed includes in a lump sum the cost of the goods and freight to the named destination. It simply means that the seller must pay the costs and freight necessary to bring the goods to the named destination but the risk of loss or damage to the goods is transferred from the seller to the buyer when the goods pass the ship's rail in the port of shipment. [Filipino Merchants Ins. Co., INC. v. CA, GR 85141. Nov. 28, 1989]. 2. The terms in a contract of sale of goods whereby the seller must pay the cost and freight necessary to bring the goods to the named port of destination. Cost, insurance and freight (CIF). The terms in a contract of sale of goods whereby the seller must pay the costs and freight necessary to bring the goods to a named port of destination, and must also procure marine insurance against the buyer's risk of loss to the goods during the carriage. Cost of acquisition. The indication of the amount of outlay that the govt. spent or paid for acquiring the property. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Cost of living. 1. The level of prices relating to a range of everyday items. 2. The cost of purchasing those goods and services which are included in an accepted standard level of consumption. [Gutierrez v. DBM, GR 153266, GR 159007, GR 159029, GR 170084, GR 172713, GR 173119, GR 176477, GR 177990, AM 06-4-02-SB, Mar. 18, 2010]. Cost of Living Allowance (COLA). 1. A benefit intended to cover increases in the cost of living. 2. Allowance given to workers to compensate for loss in purchasing power due to inflation. Rate of COLA is commonly pegged to a general index such as consumer price index (CPI). Cost of living index adjustment clauses. Clauses widely used in commercial contracts [the purpose of which is] to maintain fiscal stability and to retain [real peso] value to the price terms of long term contracts. [Banco Filipino Savings and Mortgage Bank v. Navarro, GR L-46591. July 28, 1987]. Cost of services. All direct costs and expenses necessarily incurred to provide the services required by the customers and clients incl. (a) salaries and employee benefits of personnel, consultants and specialists directly rendering the service and (b) cost of facilities directly utilized in providing the service

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such as depreciation or rental of equipment used and cost of supplies. [Sec. 27, NIRC, as amended]. Costs. 1. Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. [Art. 37, RPC]. 2. The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs. Costs of suit. They comprise the fees and indemnities in the course of judicial proceedings, whether fixed or unalterable amounts previously determined by law or regulations in force, incl. those amounts which are not subject to schedule. [Art. 37, RPC]. Co-terminous or Coterminous. Having the same boundaries or extent in space, time, or meaning. Co-terminous appointment. Civ. Serv. 1. An appointment issued to a person whose entrance and continuity in the service is based on the trust and confidence of the appointing authority or that which is subject to his pleasure, or coexistent with his tenure, or limited by the duration of project or subject to the availability of funds. [Sec. 14, Omnibus Rules Implementing Book V of EO 292]. 2. An appointment co-existing with the tenure of the appointing authority or at his pleasure. [Omnibus Rules Implementing the Rev. Admin. Code and CSC Res. 91-1631]. Co-terminous with a specific period. Civ. Serv. An appointment is for a specific period and upon expiration and upon thereof, the position is deemed abolished. [Sec. 14, Omnibus Rules Implementing Book V of EO 292]. Co-terminous with the appointing authority. Civ. Serv. An appointment [which] is co-existent with the tenure of the appointing authority or at his pleasure. [Sec. 14, Omnibus Rules Implementing Book V of EO 292]. Co-terminous with the incumbent. Civ. Serv. An appointment [which] is coexistent with the appointee, in that after the resignation, separation or termination of the services of the incumbent the position shall be deemed automatically abolished. [Sec. 14, Omnibus Rules Implementing Book V of EO 292]. Co-terminous with the project. Civ. Serv. An appointment [which] is coexistent with the duration of a particular project for which purpose employment was made or subject to the availability of funds for the same. [Sec. 14, Omnibus Rules Implementing Book V of EO 292]. Cottage industry. 1. A modest economic activity for profit using primarily indigenous raw materials in the production of various articles that generally involve craftsmanship, artistic skills and the tradition of the country. [EO 917, Oct. 15, 1983]. 2. An economic activity in a small scale which is carried on mainly in the homes or in other places for profit and which is mainly done with the help of the members of the family. [RA 3470]. Cottage or Handicraft establishment. One engaged in an economic endeavor in which the products are primarily done

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in the home or such other places for profit which requires manual dexterity and craftsmanship and whose capitalization does not exceed P500,000, regardless of previous registration with the defunct NACIDA. [Sec. 1, Rule 7, Book 3, IRR of LC]. Cotton Industry Development Law of 1998. RA 8486 entitled An Act merging the Phil. Cotton Corporation and the Cotton Research and Development Institute into a Cotton Development Administration, vesting it with regulatory powers and appropriating funds for the purpose enacted on Feb. 11, 1998. Counsel. 1. An adviser, a person professionally engaged in the trial or management of a cause in court; a legal advocate managing a case at law; a lawyer appointed or engaged to advise and represent in legal matters a particular client, public officer, or public body. 2. A legal adviser; a term used to refer to lawyers in a case. Counsel de oficio. 1. A lawyer appointed by the Court to render free legal assistance to an indigent litigant who cannot afford to pay for legal representation. It is in pursuance of the mandate under Sec. 11, Art. III of the Consti. which states: Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Also sometimes spelled as Counsel de officio. 2. A lawyer or attorney appointed by the court to represent a party, usu. an indigent defendant, in a criminal case. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 8]. See also Courtappointed attorney. Counsel fee. A fee obligated to be paid by a client in favor of his lawyer. Counsel guarantee. The assurance of the assistance of counsel. Counselor. An attorney at law; one or more attorneys representing parties in an action. Countercharge. A charge in answer to another charge or against the accuser. Counterclaim. 1. Any claim for money or other relief which a defending party may have against an opposing party. A counterclaim need not diminish or defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or different in kind from that sought by the opposing party's claim. [Sec. 6, Rule 6, RoC]. 2. A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit. Counterfeit. To forge; to copy or imitate, without authority or right, and with a view to deceive or defraud, by passing the copy or thing forged for that which is original or genuine. Counterfeit access device. Any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or counterfeit access device. [Sec. 3, RA 8484]. Counterfeit product. Any consumer product which, or the container or labeling of which, without authorization, bears the trade-mark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a consumer product manufacturer, processor, packer, distributor, other than the person or persons who in fact manufac-

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tured, processed, packed or distributed such product and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by such consumer product manufacturer, processor, packer, or distributor. [Art. 4, RA 7394]. Counterfeiting the great seal of the Government of the Philippines, forging the signature or stamp of the Chief Executive. Crim. Law. The felony committed by any person who shall forge the Great Seal of the Govt. of the Phils. or the signature or stamp of the Chief Exec. [Art. 161, RPC]. Counterfeiting, importing and uttering instruments not payable to bearer. Crim. Law. The felony committed by any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer. [Art. 167, RPC]. Countervailing. Having equal force but an opposite effect. Countervailing duties. A duty placed on imported goods that are being subsidized by the importing government. This helps to even the playing field bet. the domestic producers and the foreign producers receiving subsidies. Countervailing duty. A duty levied in an amount equal to the ascertained or estimated amount of the bounty, subsidy or subvention granted by the foreign country on the production, manufacture or exportation into the Phils. of any article likely to injure an industry in the Phils. or retard or considerably retard the establishment of such industry. [Sec. 302, TCC]. Countervailing measures. A duty specifically levied to offset a subsidy. Counting center. A public place designated by the Comelec where counting of votes and canvassing or consolidation of results shall be conducted. [Sec. 2, RA 8436]. Counting machine. A machine that uses optical scanning or mark sense reading device or any similar advanced technology to count ballots. [Sec. 2, RA 8436; Sec. 2, RA 8046]. Country. Pol. Law. Any independent political unit or sovereign nation, territory, colony and political or territorial subdivision. [Sec. 2, PD 1433]. Countryside. The land and scenery of a rural area. The inhabitants of such an area. Countryside and barangay business enterprise. Any business entity, association, or cooperative registered under the provisions of RA 6810, otherwise known as "Magna Carta For Countryside And Barangay Business Enterprises (Kalakalan 20)." [Sec. 131, RA 7160]. Coup d'etat. Fr. A swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Rep. of the Phils., or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Phils. by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of

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seizing or diminishing state power. [Art. 134-A, RPC, as amended by RA 6968]. Coup d'etat law. RA 6968 entitled An Act punishing the crime of coup d'etat by amending Arts. 134, 135 and 136 of Chap. One, Title 3 of Act 3815, otherwise known as the Rev. Penal Code, and for other purposes enacted on Oct. 24, 1990. Coupon bond. Corp. Law. One to which are attached coupons for the several successive installments of interest accruing on the bond to maturity. The coupons are simple promissory notes that entitle the holder to interest when due; such coupons may be detached and negotiated separately and once detached and negotiated cease to be mere incidents of the bond and become independent claims. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69]. Court. 1. A body in govt. to which the administration of justice is delegated. 2. Fam. Law. A family court or, in places where there are no family courts, any RTC. [Sec. 4, RA 9344]. 3. As referred to in Art. 6 of the Model Law, the term shall mean an RTC. [Sec. 3, RA 9285]. 4. Corp. Law. The proper RTC designated to hear and decide the cases contemplated under the Rules of Proc. on Corporate Rehab. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 4. The court designated by the Sup. Court to hear and determine, at the 1st instance, the cases brought under RA 10142. [Sec. 4, RA 10142]. Court costs. The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs. Court Information. Information filed in or generated by the courts, incl. all official records, documents, and decisions. Only court information that is not confidential may be disclosed. [RE: SC Access to Justice for the Poor Project, Art. 1, AM 05-2-01-SC, Mar. 13, 2007]. Court martial. A military court set up to try and punish offenses taken by members of the army, navy or air force. Court of admiralty. A rather archaic term used to denote the court which has the right to hear shipping, ocean and sea legal cases. Also known as Maritime law. Court of First Instance. 1. A court in which legal proceedings are begun or first heard. 2. The precursor of the present-day RTC. Court of Industrial Relations Act. CA 103, as amended. [Expressly repealed by the Labor Code]. Court of origin or original jurisdiction. A court where a matter is initiated and heard in the 1st instance; a trial court. Court of record. 1. A court which is bound to keep a record of its proceedings for a perpetual memorial and testimony thereof. [Melgar v. Delgado, GR 30892. July 22, 1929]. 2. A court in which the proceedings are recorded, transcribed, and maintained as permanent records. Court stenographer. A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, a deposition, or other trial-

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related proceeding. May also be called Court reporter. Courts Ruling. This part contains a full discussion of the specific errors or issues raised in the complaint, petition or appeal, as the case may be; as well as of other issues the court deems essential to a just disposition of the case. Where there are several issues, each one of them should be separately addressed, as much as practicable. The respective contentions of the parties should also be mentioned here. When procedural questions are raised in addition to substantive ones, it is better to resolve the former preliminarily. [Velarde v. Social Justice Society, GR 159357, Apr. 28, 2004]. Court-annexed mediation. Any mediation process conducted under the auspices of the court, after such court has acquired jurisdiction of the dispute. [Sec. 3, RA 9285]. Court-appointed attorney. Attorney appointed by the court to represent a defendant, usu. with respect to criminal charges and without the defendant having to pay for the representation. See also Counsel de oficio. Court-referred mediation. Mediation ordered by a court to be conducted in accordance with the Agreement of the Parties when as action is prematurely commenced in violation of such agreement. [Sec. 3, RA 9285]. Courts of equity. Courts which administer a legal remedy acc. to the system of equity, as distinguished from courts of common law. Covenant. 1. An international compact which has binding effect, usu. on many States. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492].2. A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts. Cover note. 1. A note which may be issued to bind insurance temporarily pending the issuance of the policy. Within 60 days after the issue of the cover note, a policy shall be issued in lieu thereof, incl. within its terms the identical insurance bound under the cover note and the premium therefor. [Sec. 52, IC]. 2. A contract and not a mere application for insurance and is deemed integrated to the regular policies subsequently issued. [Pacific Timber v. CA, GR L38613. Feb. 25, 1982]. Covered institution. Pursuant to the AntiMoney Laundering Act of 2001 (RA 9160), the term refers to: (a) banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP); (b) insurance companies and all other institutions supervised or regulated by the Insurance Commission; and (c) (i) securities dealers, brokers, sales-men, investment houses and other similar entities managing securities or rendering services as investment agent, advisor, or consultant, (ii) mutual funds, close and investment companies, common trust funds, pre-need companies and other similar entities, (iii) foreign exchange corporations, money changers, money payment, remittance, and transfer companies and other similar entities, and (iv) other entities administering or otherwise dealing in currency, commodi-

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ties or financial derivatives based thereon, valuable objects, cash substitutes and other similar monetary instruments or property supervised or regulated by SEC. [Sec. 3, RA 9160]. Covered persons, natural or juridical. Pursuant to the Anti-Money Laundering Act of 2001 [RA 9160], as amended by RA 10365, the term refers to: (1) banks, non-banks, quasi-banks, trust entities, foreign exchange dealers, pawnshops, money changers, remittance and transfer companies and other similar entities and all other persons and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP); (2) insurance companies, preneed companies and all other persons supervised or regulated by the Insurance Commission (IC); (3) (i) securities dealers, brokers, salesmen, investment houses and other similar persons managing securities or rendering services as investment agent, advisor, or consultant, (ii) mutual funds, close-end investment companies, common trust funds, and other similar persons, and (iii) other entities administering or otherwise dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes and other similar monetary instruments or property supervised or regulated by the SEC; (4) jewelry dealers in precious metals, who, as a business, trade in precious metals, for transactions in excess of P1,000,000.00; (5) jewelry dealers in precious stones, who, as a business, trade in precious stones, for transactions in excess of P1,000,000.00; (6) company service providers which, as a business, provide any of the following services to 3rd parties: (i) acting as a formation agent of juridical persons; (ii) acting as (or arranging for another person to act as) a director or corporate secretary of a company, a partner of a partnership, or a similar position in relation to other juridical persons; (iii) providing a registered office, business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal person or arrangement; and (iv) acting as (or arranging for another person to act as) a nominee shareholder for another person; and (7) persons who provide any of the following services: (i) managing of client money, securities or other assets; (ii) management of bank, savings or securities accounts; (iii) organization of contributions for the creation, operation or management of companies; and (iv) creation, operation or management of juridical persons or arrangements, and buying and selling business entities. Notwithstanding the foregoing, the term shall exclude lawyers and accountants acting as independent legal professionals in relation to information concerning their clients or where disclosure of information would compromise client confidences or the attorney-client relationship: Provided, That these lawyers and accountants are authorized to practice in the Phils. and shall continue to be subject to the provisions of their respective codes of conduct and/or professional responsibility or any of its amendments. [Sec. 1, RA 10365]. Covered transaction. Pursuant to the Anti-Money Laundering Act of 2001 (RA 9160), the term refers to a single, series, or combination of transactions involving a total amount in excess of P4,000,000.00 or an equivalent amount in foreign currency based on the prevail-

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ing exchange rate within 5 consecutive banking days except those bet. a covered institution and a person who, at the time of the transaction was a properly identified client and the amount is commensurate with the business or financial capacity of the client; or those with an underlying legal or trade obligation, purpose, origin or economic justification. It like-wise refers to a single, series or combination or pattern of unusu. large and complex transactions in excess of P4,000,000.00 esp. cash deposits and in-vestments having no credible purpose or origin, underlying trade obligation or contract. [Sec. 3, RA 9160]. CPC. See Certificate of Public Convenience. CPE. See Continuing Professional Education. CPR. See Calibrated preemptive response. Craft. Chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a scheme in the execution of the crime. [People v. Zea, GR L-23109. June 29, 1984]. Credence. 1. Acceptance of something as true. 2. The likelihood of being true; plausibility. Credibility. The quality of being trusted, convincing or believable. Credibility of a witness. Guiding rules: (a) the appellate court will not disturb the factual findings of the lower Court, unless there is a showing that it had overlooked, misunderstood or misapplied some fact or circumstance of weight and substance that would have affected the result of the case [People v. Ablaza, GR L-27352, 31 Oct. 1969]; (b) the findings of the trial court pertaining to the credibility of a witness is entitled to great respect since it had the opportunity to examine his demeanor as he testified on the witness stand, and, therefore, can discern if such witness is telling the truth or not [People v. Amoncio, GR L-49069, 22 June 1983]; and (c) a witness who testifies in a categorical, straightforward, spontaneous and frank manner and remains consistent on cross-examination is a credible witness [People v. Barros, GR L-34249, 3 May 1983]. Credible. Able to be believed; convincing. Credible evidence. Evidence which is not only admissible evidence but also believable and used by the court in deciding a case. Credible persons. The term, as used in the Rev. Naturalization Law, means not only an individual who has not been previously convicted of a crime; who is not a police character and has no police record; who has not perjured in the past; or whose affidavit or testimony is not incredible. What must be credible is not the declaration made, but the person making it. This implies that such person must have a good standing in the community; that he is known to be honest and upright; that he is reputed to be trustworthy and reliable; and that his word may be taken on its face value. [In Re: Gaw Ching v. Rep., GR L-19419. Sep. 30, 1964]. Credible witness. 1. A witness who testifies in a categorical, straight-forward, spontaneous and frank manner and remains consistent. [People v. Rosare, GR 118823. Nov. 19, 1996]. 2. One

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who, being competent to give evidence, is worthy of belief. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Credit. 1. Any loan, mortgage, financial lease, deed of trust, advance or discount, any conditional sales contract, contract to sell, or sale or contract of sale of property or service, either for present or future delivery, under which, part of all or the price is payable subsequent to the making of such sale or contract; any contract, any option, demand, lien or pledge, or to the other claims against, or for the delivery of, property or money, any purchase, or other acquisition of or any credit upon the security of, any obligation or claim arising out of the foregoing, and any transaction or series of transactions having similar purpose or effect. [Sec. 3, RA 8556; Sec. 3, RA 5980]. 2. A sum credited on the books of a company to a person who appears to be entitled to it. It presupposes a creditor-debtor relationship, and may be said to imply ability, by reason of property or estates to make a promised payment [Rep. v. PNB, GR L16106. Dec. 30, 1961]. 3. That which is due to a person, as distinguished from debit, that which is due by him. Claim or cause of action for specific sum of money. An entry on the right-hand side of an account. Compare with Debit. Credit card. 1. Any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods, property, labor or services or any thing of value on credit. [Sec. 3, RA 8484]. 2. Any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor or services on credit. [Art. 4, RA 7394]. 3. Any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods, property, labor or services or anything of value on credit. [Sec. 3(f), RA 8484]. Credit card transaction. [A transaction that] involves 3 contracts, namely: (a) the sales contract bet. the credit card holder and the merchant or the business establishment which accepted the credit card; (b) the loan agreement bet. the credit card issuer and the credit card holder; and lastly, (c) the promise to pay bet. the credit card issuer and the merchant or business establishment. [Pantaleon v. Amer. Express Intl., Inc., GR 174269, Aug. 25, 2010]. Credit cooperative. One which promotes thrift among its members and creates funds in order to grant loans for productive and provident purposes. [Art. 23, RA 6938]. Credit enhancement. Any legally enforceable scheme intended to improve the marketability of the asset-backed securities (ABS) and increase the probability that the holders of the ABS receive payment of amounts due them under the ABS in accordance with the plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. Credit facility. Any loan, credit line, guarantee or any other form of financial accommodation from a submitting entity: Provided, That for purposes of RA 9510, deposits in banks shall not be considered a credit facility extended by the depositor in favor of the bank. [Sec. 3, RA 9510]. Credit Information Corporation, A corporation created under RA 9510 whose primary purpose shall be to receive and consolidate basic credit data, to act as a

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central registry or central repository of credit information, and to provide access to reliable, standardized information on credit history and financial condition of borrowers. [Sec. 3, RA 9510]. Credit Information System Act. RA 9510 entitled An Act Establishing the Credit Information System and for Other Purposes enacted on Oct. 31, 2008. Credit line. The maximum amount which a bank agrees to Lend in a Lump sum or by several payments to the customer, and which may be overdrawn by promissory notes. [Gobonseng v. CA, GR 111797. July 17, 1995]. Credit rating. An opinion regarding the creditworthiness of a borrower or of an issuer of debt security, using an established and defined ranking system. [Sec. 3, RA 9510]. Credit report. A summary of consolidated and evaluated information on creditworthiness, credit standing, credit capacity, character and general reputation of a borrower. [Sec. 3, RA 9510]. Credit risks. Possible non-payment of credit granted to a foreign customer by the insured in connection with an export transaction resulting from or occasioned by circumstances, happenings or events which are outside or beyond the control of the insured as follows: (a) Insolvency or protracted default of the foreign customer; (b) governmental action under circumstances not due to the fault of the buyer which prevents the transfer of payment to exporters; (c) new import or export licensing restrictions in the country of the foreign customer or of the insured; (d) moratoria, war, revolution, civil disturbances, or similar circumstances which prevent the payment of accepted goods and or services; and (e) such other risks connected with export transactions on deferred payment, except against risks of devaluation or changes in the exchange rate and against risks that are normally insured with commercial insurers licensed to do business in the Phils. such as fire, marine, casualty, accident, fidelity, surety, and physical damage. [Sec. 3, RA 6424]. Credit sale. A sale of products, services or an interest in land to a person on credit where a debt is payable in installments or a finance charge is imposed and includes any agreement in the form of a bailment of products or lease of products or real property if the bailee or lessee pays or agrees to pay compensation for use a sum substantially equivalent to or in excess of the aggregate value of the products or real property involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the products or real property upon full compliance with the terms of the agreement. [Art. 4, RA 7394]. Credit transaction. 1. A transaction bet. a natural person and a creditor in which real or personal property, services or money acquired on credit and the person's obligation is payable in installment. [Art. 4, RA 7394]. 2. All transactions involving the purchase or loan of goods, services, or money in the present with a promise to pay or deliver in the future. [De Leon, Comments and Cases on Credit Trans., 1999 Ed., p. 1]. Creditable. Deserving of commercial credit; creditworthy.

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Creditable service. That which is sufficiently good to bring esteem, deserving of praise. [Ramos v. Diaz, GR L-24521. Dec. 11, 1967]. Creditor. Civ. Law. 1. A person to whom a debt is owed by another. 2. Any person engaged in the business of extending credit and shall include any person who as a regular business practice makes loans or sells or rents property or services on a time, credit or installment basis, either as principal or as agent who requires as an incident to the extension of credit, the payment of a finance charge. [Art. 4, RA 7394]. 3. Corp. Law. Any holder of a claim. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 4. A natural or juridical person which has a claim against the debtor that arose on or before the commencement date. [Sec. 4, RA 10142]. Creditworthiness. Trustworthiness with money as based on a person's credit history; a general qualification for borrowing. Creditworthy. Considered suitable to receive credit, esp. because of being reliable in paying money back in the past. Creek. A recess or arm extending from a river and participating in the ebb and flow of the sea; a property belonging to the public domain which is not susceptible to private appropriation and acquisitive prescription, and as a public water, it cannot be registered under the Torrens System in the name of any individual. [Diego v. CA, 102 Phil. 494; Mangaldan v. Manaoag, 38 Phil. 455]. Crew. The aggregate of seamen who man a ship or vessel. Crew member. A person assigned to perform duties on an aircraft in flight. [Sec. 3, RA 9497]. Crime. An act or omission which is prohibited by criminal law. An offense against the State, and hence is prosecuted in the name of the People of the Phils. [People v. Arcilla, GR 116237. May 15, 1996]. 2. The commission or omission by a person having capacity, of any act, which is either prohibited or compelled by law and the commission or omission of which is punishable by a proceeding brought in the name of the govt. whose law has been violated. If the crime is punished by the Rev. Penal Code, it is called a felony; if by a special law, it is called an offense; and if by an ordinance, it is called an infraction of an ordinance. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed.]. Crime committed in contempt of, or with insult to public authorities. An aggravating circumstance under Art. 14 (2) of the Rev. Penal Code that requires the following essential elements: (a) That the crime is committed in the presence of a public authority, not a mere agent of the authorities [People v. Siojo, 61 Phil. 307 (1935)]; and (b) that the public authority is engaged in the exercise of his functions and is not the person against whom the crime is committed [US v. Rodriquez, 19 Phil. 150 (1911)]. Crime syndicate. See Organized crime group. Crimes against humanity. Murder, genocide, enslavement, deportation, and other acts against a civilian population before or during a war. See Other crimes against humanity.

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Crimes against international law. Serious violations of international law incl. crimes against humanity, crimes against peace, and war crimes. Crimes against peace. The planning, preparing, initiating, and/or waging a war of aggression in violation of international law. Participating in a conspiracy to commit crimes against humanity or war crimes. Crimes involving destruction. Crimes commited by any person who shall cause destruction by means of explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other agency or means of destruction as effective as those above enumerated. [Art. 324, RPC]. See Destruction. Crimina juris gentium. Lat. Crimes against the law of nations. Crimes for which international customary law imposes criminal responsibility on individuals and for which all states may punish an offender. These include crimes against humanity and crimes against peace. Criminal. Of, involving, or having the nature of crime. Criminal action. An action one by which the State prosecutes a person for an act or omission punishable by law. [Sec. 3(b), Rule 1, RoC]. Criminal contempt. Conduct that is directed against the dignity and authority of the court or a judge acting judicially; it is an act obstructing the administration of justice which tends to bring the court into disrepute or disrespect. [People v. Godoy, GR 115908-09. Mar. 29, 1995]. Compare with Civil contempt. Criminal jurisdiction. The authority to hear and try a particular offense and impose the punishment for it. [People v. Mariano, GR L-40527. June 30, 1976]. Criminal jurisdiction. Elements: (a) Territorial jurisdiction; (b) jurisdiction over the subject matter; and (c) jurisdiction over the person of the accused. [Albano, Rem. Law Reviewer, 1st Ed., p. 11-12]. Criminal justice system. The network of courts and tribunals which deal with criminal law and its enforcement. Criminal law. That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. Criminal liability. The obligation to serve the personal or imprisonment penalties (and) the liability to pay the fines or pecuniary penalties. [Petralba v. Sandiganbayan, GR 81337. Aug. 16, 1991]. Criminal liability. Requisites: (a) That an intentional felony has been committed, and (b) that the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender. [People v. Iligan, 191 SCRA 643, 651 (1990]. Criminal liability, modes of extinguishing. Art. 89 of the Rev. Penal Code enumerates the causes that totally ex-

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tinguish criminal liability as follows: (a) the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore is extinguished only when the death of the offender occurs before final judgment; (b) service of the sentence; (c) amnesty, which completely extinguishes the penalty and all its effects; (d) absolute pardon; (e) prescription of the crime; (f) prescription of the penalty; (g) the marriage of the offended woman, as provided in Art. 344 of the Code. [Tangan v. People GR L-73963. Nov. 5, 1987]. Criminal negligence. The quasi offense under Art. 365 of the Rev. Penal Code (resulting from) the execution of an imprudent or negligent act that, if intentionally done, would be punishable as a felony. The law penalizes the negligent or careless act, not the result thereof. [People v. Buan, GR L-25366. Mar. 29, 1968]. See Reckless imprudence. Criminal procedure. Part of remedial law which provides for the apprehension, prosecution, conviction or acquittal, as the case may be, of a person who is accused of having committed a crime. [Suarez, Intro. to Law, 1995 3rd Ed., p. 233]. Criminal proceeding. A proceeding instituted to determine a persons guilt or innocence or to set a convicted persons punishment. [Heirs of Delgado v. Gonzales, GR 184337, Aug. 7, 2009]. Criminal prosecutions. Proceedings before the trial court from arraignment to rendition of the judgment. [People v. Jose, GR L-28232. Feb. 6, 1971]. Critical. Forming or having the nature of a turning point; crucial or decisive. Critical circumstances. Circumstances where there is prima facie evidence that increased imports, where there absolute or relative to domestic production, are a substantial cause of serious injury or threat thereof to the domestic industry and that delay in taking action under RA 8800 would cause damage to the industry that would be difficult to repair. [Sec. 4, RA 8800]. Critical watershed. A drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated. [Sec. 3, PD 705]. Critically endangered species. A species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future. [Sec. 5, RA 9147]. Crony. A close friend or companion. Crony capitalism. A term describing an economy in which success in business depends on close relationships bet. business people and government officials. Cronyism. This involves unduly favoring a crony to the prejudice of public interest is a form of violation of the oath of office which constitute betrayal of the public trust. Crop. A cultivated plant that is grown as food. Crop zonification. Geographical delineation of suitable area for the production of specific crops based on the following cri-

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teria: soil and climate conditions; infrastructure and support services; and local and external demands within specific periods of time. [Sec. 2, PD 2032]. Cropper. One who is employed to cultivate land, receiving as his compensation a share of the crops. [Abig v. Constantino, GR L-12460. May 31, 1961]. Cross-border. Country-to-country. Cross-border doctrine. The principle [of the VAT system] under which no VAT shall form part of the cost of goods destined for consumption outside of the territorial border of the taxing authority. If export of goods and services from the Philippines to a foreign country are free of VAT, then the same rules, in general, hold for such exports from the national territory to an Ecozone. Cross-claim. 1. Any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counter-claim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. [Sec. 7, Rule 6, RoC]. 2. A pleading which asserts a claim arising out of the same subject action as the original complaint against a co-party, i.e., one codefendant cross claims against another co-defendant for contribution for any damages assessed against him. Crossed check. A check crossed with 2 lines, bet. which are either the name of a bank or the words and company, in full or abbreviated. In the former case, the banker on whom it is drawn must not pay the money for the check to any other than the banker named; in the latter case, he must not pay it to any other than a banker. [Gempesaw v. CA, GR 92244. Feb. 9, 1993]. Crossed check. Characteristics: [It] (a) may not be encashed but only deposited in the bank; (b) may be negotiated only once - to one who has an account with a bank; and (c) warns the holder that it has been issued for a definite purpose so that the holder thereof must inquire if he has received the check pursuant to that purpose; otherwise, he is not a holder in due course. [State Investment House v. IAC, GR 72764, 13 July 1989]. Cross-examination. Evid. 1. The crossexamination of the witness by the adverse party, upon the termination of the direct examination, as to any matter stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. [Sec. 6, Rule 132, RoC]. 2. The questioning of a witness produced by the other side. Compare with Direct examination. Crossing of a check. Effects: (a) The check may not be encashed but only deposited in the bank; (b) the check may be negotiated only once - to one who has an account with a bank; and (c) the act of crossing the check serves as warning to the holder that the check has been issued for a definite purpose so that he must inquire if he has received the check pursuant to that purpose, otherwise, he is not a holder in due course.

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[Bataan Cigar and Cigarette Factory, Inc. v. CA, GR 93048, Mar. 3, 1994]. Crude. See Crude oil. Crude oil. Also Crude. 1. Oil in its natural state before the same has been refined or otherwise treated, but excluding water, bottoms, sediments and foreign substances. [Sec. 4, RA 8479]. 2. Oil in its natural state before the same has been refined or otherwise treated. It does not include oil produced through destructive distillation of coal, bituminous shales or other stratified deposits, either in its national state or after the extraction of water, and sand or other foreign substances there-from. [Sec. 3, PD 87]. 3. Any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation. It also includes crude oils from which certain distillate fractions have been removed (which sometimes referred to as "topped crudes") or to which certain distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes). [Sec. 3, RA 9483]. Crude oil exported. This includes not only crude oil exported as such but also indigenous crude oil refined in the Phils. for export. [Sec. 3, PD 87]. Cruel. 1. Causing pain or suffering. 2. Having or showing a sadistic disregard for the pain or suffering of others. Cruel punishment. Punishment which is flagrantly and plainly oppressive, wholly disproportionate to the nature of the offense as to shock the moral sense of the community. [People v. Estoista, GR L5793. Aug. 27, 1953]. Cruelty. 1. This occurs when the wrong done in the commission of the crime is deliberately augmented by causing another wrong which is not necessary for its commission. [People v. Llabres, GR 74294-96. Aug. 4, 1993]. 2. The intentional and malicious infliction of physical or mental suffering upon living creatures, particularly human beings; or, as applied to the latter, the wanton, malicious, and unnecessary infliction of pain upon the body, or the feelings and emotions; abusive treatment; inhumanity; outrage. Cryogenic. Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings. [Sec. 3, PD 1185; Sec. 3, RA 9514]. CSC. See Civil Service Commission. CSOs. See Civil Society Organizations. CTA. Court of Tax Appeals. Cuadrilla. Sp. 1. A band. 2. More than 3 armed malefactors acting together in the commission of the offense. [People v. Atencio, GR L-22518. Jan. 17, 1968]. Cuadrilla. Sp. Indispensable components: (a) at least 4 malefactors and (b) all of the 4 malefactors are armed. [People v. Apduhan, Jr., GR L-19491. Aug. 30, 1968]. Cuando el marido translade su residencia. Sp. When the husband shall transfer his residence." A phrase referring to another positive act of relocating the family to another home or place of actual residence. [Romualdez-Marcos, GR 119976. Sep. 18, 1995].

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Cuasi-delitos. See Quasi-delict. Cuius est solum, ejus est usque ad caelum et ad inferos. Lat. Who owns the land, owns down to the center of the earth and up to the heavens. This principle of land ownership has been greatly tempered by case law which has limited ownership upwards to the extent necessary to maintain structures. Otherwise, airplanes would trespass incessantly. Cujus est dominum ejus est periculum. Lat. He who has the ownership suffers the risk. Culibet ex virtute si non ad veleari debeet vincese. Lat. One should prevail by reason of his own strength, and not by reason of his opponents weakness. Culpa. Also Negligence or Culpa aquiliana. Lat. Fault. 1. An independent source of obligation bet. 2 persons not so formerly bound by any juridical tie. And the civil liability that may arise therefrom is not intended to be merged in the criminal. Thus, where an individual is civilly liable for a negligent act or omission, it is not required that the injured party should seek out a 3rd person criminally liable whose prosecution must be condition precedent to the enforcement of the civil right. [Batangas Laguna Tayabas Bus Co. v. CA, GR L-3313839. June 27, 1975]. 2. Responsibility for wrongdoing. Culpa aquiliana. Lat. An independent source of obligation bet. 2 persons not so formerly bound by any juridical tie. And the civil liability that may arise therefrom is not intended to be merged in the criminal. Thus, where an individual is civilly liable for a negligent act or omission, it is not required that the injured party should seek out a 3rd person criminally liable whose prosecution must be condition precedent to the enforcement of the civil right. [BLTB Bus Co. v. CA, GR L-33138-39. June 27, 1975]. See also Quasi-delict. Culpa contractual. Lat. The source of liability of those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof. Culpa extra-contractual. Lat. See Quasidelict. Culpa in eligiendo. Lat. Own negligence in the selection of employees. Culpa in vigilando. Lat. Own negligence in the supervision over ones employees. Culpa lata. Lat. Gross negligence. It is more than just simple negligence and includes any action or an omission in reckless disregard of the consequences to the safety or property of another. Culpa lata dolo aequiparatur. Lat. Gross negligence is equivalent to intentional wrong. [Balatbat v. CA, GR 109410. Aug. 28, 1996]. Cultivate or Culture. Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug. [Sec 3, RA 9165]. Cultivation. The concept is not limited to the plowing or harrowing of the soil as in rice and corn fields. Cultivation includes all activities designed to promote the growth and care of the plants or trees and husbanding the earth, by general

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industry, so that it may bring forth more products or fruits. [Cuao v. CA, GR 107159. Sep. 26, 1994]. Cultural properties. Old buildings, monuments, shrines, documents, and objects which may be classified as antiques, relics, or artifacts, landmarks, anthropological and historical sites, and specimens of natural history which are of cultural, historical, anthropological or scientific value and significance to the nation; such as physical, and anthropological, archaeological and ethnographical materials, meteorites and tektites; historical objects and manuscripts; house and agricultural implements; decorative articles or personal adornment; works of art such as paintings, sculptures, carvings, jewelry, music, architecture, sketches drawings or illustrations in part or in whole; works of industrial and commercial art such as furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood or other heraldic items, metals, coins, medals, badges, insignias, coat of arms, crests, flags, arms, and armor; vehicles or ships or boats in part or in whole. [Sec. 3, RA 4846]. Culture. 1. N. The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. 2. V. To cultivate. See Cultivate. Cumulative. Constituted by accumulation; acquiring or increasing in force by successive additions. [Legasto v. CA, GR 76854-60. Apr. 25, 1989]. Cumulative constitution. Consti. Law. A constitution which is a product of gradual political development. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9]. Compare with Conventional constitution. Cumulative evidence. Evidence which is of the same kind and character as that already given and tends to prove the same proposition. Compare with Corroborative evidence. Cumulative preferred shares. Corp. Law. Those which entitle the holder to payment not only of current dividends but also of back dividends not previously paid, when and if dividends are declared, to the extent stipulated, before holders of common shares are paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Non-cumulative preferred shares. Cumulative sentences. Sentences for 2 or more crimes to run consecutively, rather than concurrently. Cumulative voting. 1. Corp. Law. Voting by which a stockholder is entitled to cast such number as the number of shares outstanding entitled to vote in his name times the total number of directors to be elected which shall be equal. [Diaz, Bus. Law Rev., 1991 Ed., p. 258]. 2. Intl. Law. A system of voting by which a voter, having a number of votes equal to the offices to be filled, may concentrate the whole number upon one candidate, or may distribute them as he sees fit. Cunanan doctrine. The doctrine [enunciated in the case] of In re Cunanan [94 Phil. 534 (1954)], where the plenary power of [the Sup. Court] over admission to and thereafter termination of membership in the legal profession was accorded impressive recognition. [Obrero v. Tagala, AM L-984, Apr. 22, 1977].

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Cunnilingus. Legal Med. Sexual gratification attained by licking the female genitalia. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Fellatio. Curative. Able to cure something, typically disease. Curative or Remedial statutes. They are remedial by curing defects and adding to the means of enforcing existing obligations. The rule in regard to curative statutes is that if the thing omitted or failed to be done, and which constitutes the defect sought to be removed or made harmless, is something the legislature might have dispensed with by a previous statute, it may do so by a subsequent one. Curative statutes are intended to supply defects, abridge superfluities in existing laws, and curb certain evils. They are intended to enable a person to carry into effect that which they have designed and intended, but has failed of expected legal consequence by reason of some statutory disability or irregularity in their own action. They make valid that which, before the enactment of the statute, was invalid. [Frivaldo v. Comelec, GR 120295. June 28, 1996]. Currency. All Phil. notes and coins issued or circulating in accordance with the provisions of RA 7653. [Sec. 49, RA 7653]. Current. Belonging to the present time; happening or being used or done now. Current operating expenditures (COE). 1. Appropriations for the purchase of goods and services for current consumption or for benefits expected to terminate within the fiscal year. [Sec. 2, Chap. 1, Book VI, EO 292]. 2. Appropriations for the purchase of goods and services for current consumption within the fiscal year, incl. the acquisition of furniture and equipment of nominal value usu. used in the conduct of normal govt. operations. [Sec. 14, PD 477]. Current school fees. The tuition and other school fees collected or charged by private schools, colleges and universities as approved, indicated and published in their respective prospectuses, bulletins of information, or catalogues. [Sec. 1, Rule II, PD 451]. Currit tempus contra decides et sui juris contemptores. Lat. Time runs against the slothful and those who neglect their rights. Curtain board. A vertical panel of noncombustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Curtilage. An area of land attached to a house and forming one enclosure with it. Curtilage of dwelling. A space necessary and convenient, habitually used for family purposes and for carrying on a domestic employment. The yard, garden or field which is near to and used in connection with the dwelling. Custodia legis. Lat. In the custody of the law. Also In custodia legis. Custodial. Providing protective supervision; watching over or safeguarding. Custodial investigation. Also In custody investigation. 1. The critical pre-trial

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stage when the investigation is no longer a general inquiry into an unsolved crime, but has begun to focus on a particular person as a suspect. [People v. Rodriguez, GR 129211, Oct. 2, 2000]. 2. Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. [Navallo v. Sandiganbayan, GR 97214. July 18, 1994]. Custody. 1. It has been held to mean nothing less than actual imprisonment. It is also defined as the detainer of a person by virtue of a lawful authority, or the care and possession of a thing or person. [People v. Donato, GR 79269. June 5, 1991]. 2. The actual or constructive possession or control of supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 3. Detaining of a person by lawful process or authority to assure his appearance to any hearing; the jailing or imprisonment of a person convicted of a crime. Custom. A rule of conduct formed by repetition of acts, uniformly observed [practiced] as a social rule, legally binding and obligatory. [Yao Kee v. SyGonzales, 167 SCRA 736 (1988)]. Customary international law or International custom. The general and consistent practice of states recognized and followed by them from a sense of legal obligation. [Bayan Muna v. Romulo, GR 159618. Feb. 1, 2011]. Customary laws. A body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs). [Sec. 4, RA 8371]. Customs. A duty imposed on imports or exports. [Garcia v. Exec. Sec., GR 101273. July 3, 1992]. Customs duties. 1. The name given to taxes on the importation and exportation of commodities, the tariff or tax assessed upon merchandise imported from, or exported to, a foreign country. [Garcia v. Exec. Sec., GR 101273. July 3, 1992]. 2. Taxes imposed on goods exported from or imported into a country. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 21]. Cutting cycle. The number of years bet. major harvests in the same working unit and/or region, within a rotation. [Sec. 3, PD 705]. CWW. See Compressed work week. Cycle of violence. The cycle characterizing the battered woman syndrome which has 3 phases: (1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least, nonviolent) phase. [Walker, Lenore, The Battered Woman Syndrome (1984), pp. 95-96].

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-DDacion. In Sp. law, the actual effective delivery of a thing in the performance of a contractual obligation. Dacion en pago. Also Adjudication or Dation in payment. Sp. Dation in payment. 1. A special mode of payment whereby the debtor offers another thing to the creditor who accepts it as equivalent of payment of an outstanding obligation. The undertaking is really one of sale, that is, the creditor is really buying the thing or property of the debtor, payment for which is to be charged against the debtors debt. As such, the essential elements of a contract of sale, namely, consent, object certain, and cause or consideration must be present. It is only when the thing offered as an equivalent is accepted by the creditor that novation takes place, thereby, totally extinguishing the debt. [Tecnogas Phils. Mfg. Corp. v. PNB, GR 161004, Apr. 14, 2008]. 2. The transmission of the ownership of a thing by the debtor to the creditor at an accepted equivalent of the performance of an obligation. DAIF. Drawn against insufficient funds. Daily time record. The record of the time an employee reported for the day. Daily wage. A labor contract whereby a worker is paid daily for his labor alone. Daisy Chain. A price manipulation scheme in securities trading which involves a series of purchases and sales of the same issue at successively higher or lower prices by the same group of people for the purpose of attracting unsuspecting investors into the market,

leaving them defrauded of their money or securities. Damage. As contradistinguished from Damages. The loss or harm suffered by one person or his property. [Ancheta, The Law on Obligations and Contracts, Rev. Ed., p. 239]. Damage and obstruction to means of communication. Crim. Law. The felony committed by any person who shall damage any railway, telegraph or telephone lines, whether or not the damage shall result in any derailment of cars, collision or other accident. [Art. 330, RPC]. Damages. 1. The sum of money which the law awards or imposes as pecuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortuous act. [Torres, Oblig. & Cont., 2000 Ed., p. 315]. 2. A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. 3. Money awarded by a court to a person injured by the unlawful actor negligence of another person. Compare with Injury. Damages. Kinds: Damages may be: (a) actual or compensatory; (b) moral; (c) nominal; (d) temperate or moderate; (e) liquidated; or (f) exemplary or corrective. [Art. 2197, CC]. Damnum absque injuria. Lat. 1. Damage without injury. Damage or injury inflicted without injustice. Loss or damage without violation of a legal right. A wrong done to a man for which the law pro-

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vides no remedy. [Escano v. CA, 100 SCRA 197; Atienza v. Comelec, 239 SCRA 298]. 2. Damage or loss which does not constitute a violation of a legal right or amount to a legal wrong is not actionable. [Globe MacKay v. CA, GR 81262. Aug. 25, 1989]. Damper. A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Dance hall. Any place or establishment where dance is permitted to the public in consideration of any admission, entrance, or any other fee paid on, before or after the dancing, and where professional hostesses or dancers are employed. See Cabaret. Dancing school. Any establishment where ballroom dancing is taught and permitted to the public in consideration of an enrollment, admission, membership, or any other fees. [Sec. 1, PD 426]. Dangerous drugs. 1. Those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in RA 9165. [Sec 3, RA 9165]. 2. The term refers to either Prohibited drug or Regulated drug. [Sec. 2, RA 6425]. Dangerous drugs and other similar substances. Drugs listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the schedules annexed to the 1971 Single Convention of Psychotropic Substances as enumerated in its attachment which is an integral part of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002 and those that the [Dangerous Drugs] Board may reclassify, add to or remove from the list of dangerous drugs. [Sec. 3, RA 10586]. Dangerous drugs, Illegal sale of. Elements: (a) Identity of the buyer and the seller, the object, and consideration; and (b) the delivery of the thing sold and the payment therefor. [People v. Zervoulakos, GR 103975. Feb. 23, 1995]. Dangerous drugs, Selling of. Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration. [Sec 3, RA 9165]. Dangerous drugs, Trading of. Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, 2-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of RA 9165. [Sec 3, RA 9165]. Dangerous drugs, Use of. Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the dangerous drugs. [Sec 3, RA 9165]. Dangerous goods. Articles or substances that are capable of posing significant risks to health or safety of property

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when transported by air. [Sec. 3, RA 9497]. Dangerous tendency doctrine. The doctrine that states that if the words uttered create a dangerous tendency which the state has a right to prevent, then such words are punishable. It is not necessary that some of the definite or immediate acts or force, violence, or unlawfulness be advocated, It is sufficient that such acts be advocated in general terms. Nor is it necessary that the language used be reasonably calculated to incite persons to acts of force, violence, or unlawfulness. It is sufficient if the natural tendency and probable effect of the utterance be to bring about the substantive evil; which the legislative body seeks to prevent. [Cabansag v. Fernandez, GR L-8974, Oct. 18, 1957]. Compare with Clear and present danger rule and Balancing test. Dao emergente. Sp. The value of the loss suffered. [Art. 2000, CC]. See also Lucro cesante. DARAB. See Department of Agrarian Reform Adjudication Board. Data. Facts and statistics collected together for reference or analysis. Data Capture Machine (DCM). The device which captures the biometrics of an individual. [Sec. 2, RA 10367]. Data Privacy Act of 2012. RA 10173 entitled An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for this Purpose a Natl. Privacy Commission, and for Other Purposes enacted on Aug. 15, 2012. Data storage device. 1. A device used to electronically store counting and canvassing results, such as a memory pack or diskette. [Sec. 2, RA 8436]. 2. The device that stores electronic documents from where data may be obtained when necessary to verify the accuracy and correctness of election data. The data storage device used in a PCOS shall be under the custody and direct responsibility of the election officer after completion of the voting process. A data storage device includes the back-up storage device under Comelec custody that likewise stores authentic electronic copies of data. [Sec. 3, Rule 1, AM 10-4-1SC, May 4, 2010]. 3. The device where electronic documents are stored and from which such documents may be obtained when necessary to verify the accuracy and correctness of election data; it includes the back-up storage device in which authentic electronic copies of the data are also stored. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Data subject. An individual whose personal information is processed. [Sec. 3, RA 10173]. Database. A structured set of data held in a computer, esp. one that is accessible in various ways. Date. 1. The day of the month or year as specified by a number. 2. Nego. Inst. The date of the instrument or of the acceptance or any indorsement thereon which is deemed prima facie to be the true date of the making, drawing, acceptance, or indorsement, as the case may be. [Sec. 11, NIL].

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Date of liquidation. The date on which the court issues the Liquidation Order. [Sec. 4, RA 10142]. Dating. The act of meeting and engaging in some mutually agreed upon social activity in public, together, as a couple. Dating relationship. A situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization bet. 2 individuals in a business or social context is not a dating relationship. [Sec. 3, RA 9262]. Dation. The act of giving something. It differs from donation, which is a gift; dation, on the contrary, is giving something without any liberality; as, the giving of an office. Dation in payment. Also Adjudication or Dacion en pago. The conveyance of ownership of a thing to the creditor as an accepted equivalent of performance of an obligation in money. [Diaz, Bus. Law Rev., 1991 Ed., p. 39]. Dation in payment. Requisites for validity: (a) There must be the performance of the prestation in lieu of payment (animo solvendi) which may consist in the delivery of a corporeal thing or a real right or a credit against the 3rd person; (b) there must be some difference bet. the prestation due and that which is given in substitution (aliud pro alio); (c) there must be an agreement bet. the creditor and debtor that the obligation is immediately extinguished by reason of the performance of a prestation different from that due. [3 Castan, Vol. I, 8th Ed., p. 283]. Day. Date; period from dawn to dark; time bet. sunrise and sunset; 24 hours. Day certain. The day which must necessarily come, although it may not be known when. [Art. 1193, CC]. Day of Election. The actual date of elections in the Phils. [Sec. 2, RA 10590]. Day in court. The affording of an opportunity to be heard. [People v. Retania, 95 SCRA 201]. Day the action may be brought. The day a claim starts as a legal possibility. [Anabe v. Asian Const., GR. 183233, Dec. 23, 2009]. Days. Corp. Law. 1. Calendar days unless otherwise specifically stated in RA 10142. [Sec. 4, RA 10142]. 2. Calendar days unless otherwise provided in the Rules of Proc. on Corporate Rehab. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. DCM. See Data Capture Machine. De facto. Lat. As a matter of fact. Something which, while not necessarily lawful or legally sanctified, exists in fact. A common law spouse may be referred to a de facto wife or de facto husband: although not legally married, they live and carry on their lives as if married. A de facto govt. is one which has seized power by force or in any other unconstitutional method and governs in spite of the existence of a de jure government. Compare with De jure. De facto corporation. A corporation claiming in good faith to be a corporation under the Corp. Code. Its due incorporation and its right to exercise corporate powers shall not be inquired into

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collaterally in any private suit to which such corporation may be a party. Such inquiry may be made by the Sol. Gen. in a quo warranto proceeding. [Sec. 20, Corp. Code]. Compare with De jure corporation. De facto dissolution. Corp. Law. One which takes place in substance and in fact when the corporation by reason of insolvency, cessation of business or otherwise, suspends all operation and it goes into liquidation still retaining its primary franchise to be a corporation. De facto government. Pol. Law. 1. That govt. that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal govt. and maintains itself against the will of the latter; or, that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a govt. of paramount force (more aptly denominated as Government of paramount force). [Co Chan v. Tan Keh, 75 Phil. 113. Sep. 17, 1945]. 2. (a) An unrecognized government; esp. one that has not been formally recognized. (b) An effective government; one that is in factual control of a territory and people. (c) A govt. that maintains itself, at least temporarily, by the use of force against the will of a de jure government. Compare with De jure government. De facto officer. Admin. Law. An officer who derives his appointment from one having colorable authority to appoint, if the office is an appointive office, and whose appointment is valid on its face. One who is in possession of an office, and is discharging its duties under color of authority, by which is meant authority derived from an appointment, however irregular or informal, so that the incumbent be not a mere volunteer. [Dimaandal v. COA, GR 122197. June 26, 1998]. De facto separation. A separation of the spouses without any agreement. De jure. Lat. Of the law. Total adherence of the law. Compare with De facto. De jure corporation. A corporation exiting in fact and in law. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with De facto corporation. De jure government. 1. A recognized government. 2. A govt. established acc. to the constitution of the state and lawfully entitled to recognition. 3. One which has been created in respect of constitutional law and is in all ways legitimate even though a de facto govt. may be in control. Compare with De facto government. De mesne or Demesne. Lat. It connotes possession of real property in ones own name. De minimis. Lat. Something that is too insignificant or trifling for the courts to be bothered with. De minimis benefits. Benefits of relatively small values provided by employers to the employee on top of the basic compensation intended for the general welfare of the employees. Being of relatively small values, the same is not being considered as a taxable compensation. De minimis fringe benefit. Any property or service the value of which is [after taking into account the frequency with which smaller fringes are provided by the employer to the employers employ-

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ees] so small as to make accounting for it unreasonable or administratively impracticable. De minimis non curat lex. Lat. The law takes no account of trifles. A common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law. [Matute v. Cheong Boo, GR L-11109. Jan. 7, 1918]. De novo. Lat. New. This term is used to refer to a trial which starts over, which wipes the slate clean and begins all over again, as if any previous partial or complete hearing had not occurred. De novo hearing. See Hearing de novo. Dead freight. Mar. Law. A charge imposed on a charterer when a chartered ship has less than a full load. Dead man statute. Also Survivorship disqualification rule. Evid. The rule that parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. [Sec. 23, Rule 130, RoC]. Dead Mans Statute. A rule in evidence which disqualifies a witness from testifying with regard to matters covered by privileged communication. [Sec. 24, Rule 130, RoC]. Dead slow ahead. A maritime maneuver equivalent to 3 to 4 miles per hour. Deadlock. Labor. 1. The counteraction of things producing entire stoppage: a state of inaction or of neutralization caused by the opposition of persons or of factions [as in govt. or a voting body]; standstill. 2. A complete blocking or stoppage resulting from the action of equal and opposed forces; as, the deadlock of a jury or legislature. 3. The word is synonymous with the word impasse, which, within the meaning of the Amer. federal labor laws, presupposes reasonable effort at good faith bargaining which, despite noble intentions, does not conclude in agreement bet. the parties. [NLRB v. Bancroft, 635 F. 2d 492 (1981)]. Deadlock bar rule. Labor. The rule [which] simply provides that a petition for certification election can only be entertained if there is no pending bargaining deadlock submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lockout. The principal purpose is to ensure stability in the relationship of the workers and the management. [NACUSIP v. Trajano, GR 67485. Apr. 10, 1992]. Deadly weapon. Any weapon or instrument made and designed for offensive or defensive purposes, or for the destruction of life or the infliction of injury; or one which, from the manner used, is calculated or likely to produce death or serious bodily harm. [People v. Alfeche, GR 124213. Aug. 17, 1998]. Deadweight. 1. The unrelieved weight of an inert mass. 2. Dead load. 3. A ship's load incl. the total weight of cargo, fuel, stores, crew, and passenger. Deaf-mute. A deaf person who is unable to speak.

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Deaf-mutism. Congenital deafness that results in inability to speak. Deal. To do a distributing or retailing business or to have intercourse on business relations. [Asbestos Integrated Mfg., Inc. v. Peralta, GR L-45515. Oct. 29, 1987]. Deal in. To have to do, be concerned, or occupied (with or in), to conduct oneself, to behave or act in any affair or toward anyone, to take action. Dealer. 1. Any person who buys sells securities for his own account in the ordinary course of business. [Sec. 3, RA 8799]. 2. Any person, whether natural or juridical, who is engaged in the marketing and direct selling of petroleum products to motorists, end users, and other consumers. [Sec. 4, RA 8479]. 3. One whose business is to buy and sell merchandise, goods, and chattels as a merchant. He stands immediately bet. the producer or manufacturer and the consumer and depends for his profit not upon the labor he bestows upon his commodities but upon the skill and foresight with which he watches the market. [Sec. 131, RA 7160]. 4. He is not one who buys to keep or makes to sell, but one who buys to sell again. [Ah Nam v. City of Manila, 109 Phil. 808]. Dealer in securities. 1. A merchant of stocks or securities, whether an individual, partnership or corporation, with an established place of business, regularly engaged in the purchase of securities and the resale thereof to customers; that is, one who, as a merchant, buys securities and re-sells them to customers with a view to the gains and profits that may be derived therefrom. [Sec. 22, NIRC, as amended]. 2. All persons who for their own account are engaged in the sale of stock, bonds, exchange, bullion, coined money, bank notes, promissory notes, or other securities. [Sec. 1, PD 426]. Deaiing. 1. A business relation or transaction. 2. A personal connection or association with someone. Dealing, with regard to property or funds. Receipt, acquisition, transacting, representing, concealing, disposing or converting, transferring or moving, use as security of or providing financial services. [Sec. 3, RA 10168]. Death. 1. The irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, incl. the brain stem. [Sec. 2, RA 7170]. 2. Loss of life resulting from injury or sickness. [Art. 167, LC]. Death by accidental means. Death caused by some act of the deceased not designed by him, and not intentionally done by him. Death caused in a tumultuous affray. Crim. Law. The felony committed when, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased. [Art. 251, RPC]. Death caused in a tumultuous affray. Crim. Law. Elements: That: (a) there be several persons; (b) that they did not compose groups organized for the common purpose of assaulting and at-

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tacking each other reciprocally; (c) these several persons quarreled and assaulted one another in a confused and tumultuous manner; (d) someone was killed in the course of the affray; (e) it cannot be ascertained who actually killed the deceased; and (f) that the person or persons who inflicted serious physical injuries or who used violence can be identified. [Sison v. People, GR 108280-83. Nov. 16, 1995]. Death or physical injuries inflicted under exceptional circumstances. Crim. Law. The felony committed by any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury. [Art. 247, RPC]. Death penalty. This is the most severe form of corporal punishment as it is requires law enforcement officers to kill the offender. Also known as Capital punishment. Death Penalty Law. RA 7659 entitled An Act to impose the death penalty on certain heinous crimes, amending for that purpose the revised penal laws, and for other purposes enacted on Dec. 13, 1993. Debenture. An unsecured loan certificate issued by a company, backed by general credit rather than by specified assets. Debenture bonds. Corp. Law. Bonds not secured by any specific property but by the general credit of the issuing corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Debenture shares. Corp. Law. Those which are more of certificates of indebtedness not guaranteed by any property of the issuing corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Debit. A sum charged as due or owing. An entry made on the asset side of a ledger or account. Compare with Credit. Debitum pro debito. Lat. New debt for old debt. Basically, extinguishing the old obligation for the new one. [Reyes v. CA, GR 120817. Nov. 4, 1996]. Debt. An obligation to pay money at some fixed future time, or at a time which becomes definite and fixed by acts of either party and which they expressly or impliedly, agree to perform in the contract. [Lirag Textile v. SSS, GR L-33205. Aug. 31, 1987]. Debt bondage. 1. The rendering of service by the domestic worker as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt. [Sec. 4, RA 10361]. 2. The pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. [Sec. 3, RA 10364; Sec. 3, RA 9208]. Debtor. Civ. Law. 1. A person who owes money, goods or services to another, the latter being referred to as the creditor. 2. One who owes a debt to another.

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Debtor. Corp. Law. 1. A borrower or person granted a loan by the lending company. [Sec. 3, RA 9474]. 2. Any corporation, partnership or association or a group of companies, whether supervised or regulated by the SEC or other govt. agencies, on whose behalf a petition for rehabilitation has been filed under the Rules of Procedure on Corporate Rehabilitation. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 3. [It] shall refer to, unless specifically excluded by a provision of RA 10142, a sole proprietorship duly registered with the DTI, a partnership duly registered with the SEC, a corporation duly organized and existing under Phil. laws, or an individual debtor who has become insolvent as defined in RA 10142. [Sec. 4, RA 10142]. Debtors default. A delay in the fulfillment of an obligation, by reason of a cause imputable to the debtor. [Selegna Mgmt. and Devt. Corp. v. United Coconut Planters Bank, GR 165662, May 3, 2006]. Decedent. Succ. 1. The general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. [Art. 775, CC]. 2. The deceased person whose estate is under consideration. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Deceit. 1. [It] exists where the party, with intent to deceive, conceals or omits to state material facts and, by reason of such omission or concealment, the other party was induced to give consent that would not otherwise have been given. [Cathay Pacific Airways, Ltd. v. Vasquez, GR 150843, Mar. 14, 2003]. 2. The false representation of a matter of fact whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury. [People v. Castillo, 76 Phil. 72 (1946)]. Deceits, Other. Crim. Law. The felony committed by any person who shall defraud or damage another by any other deceit not mentioned in Art. 317 of the Rev. Penal Code; or by any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner. [Art. 318, RPC]. Decentralization. Pol. Law. Devolution of national administration - but not power to the local levels. [Ganzon v. CA, GR 93252. Aug. 5, 1991]. Compare with Devolution. Decentralization of administration. Pol. Law. The delegation by the central govt. of administrative powers to political subdivisions in order to broaden the base of govt. power and in the process to make local govts. more responsive and accountable and ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social progress. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989]. Decentralization of power. Pol. Law. An abdication of political power in favor of LGUs declared to be autonomous. In that case, the autonomous govt. is free to chart its own destiny and shape its future with minimum intervention from central authorities. Acc. to a constitutional author, decentralization of power

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amounts to self-immolation, since in that event, the autonomous govt. be-comes accountable not to the central authorities but to its constituency. [Limbona v. Mangelin, GR 80391. Feb. 28, 1989]. Decibel. A measure of the intensity or level of sound. Decision. 1. The whole or any part of the final disposition, not of an interlocutory character, whether affirmative, negative, or injunctive in form, of an agency in any matter, incl. licensing, rate fixing and granting of rights and privileges. [Sec. 2, Chap. 1, Book VII, EO 292]. 2. The opinion of the court in concluding a case at law. 3. The determination of the court which disposes of the case after hearing the parties. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Decision (of the Sup. Court). The manner of adjudication by which the Sup. Court disposes of the case on its merits and its rulings have significant doctrinal values; resolve novel issues; or impact on the social, political, and economic life of the nation. The decision shall state clearly and distinctly the facts and the law on which it is based. It shall bear the signatures of the members who took part in the deliberation. [The Internal Rules of the Sup. Court, AM 10-4-20SC, May 4, 2010]. Declaration. Intl. Law. (a) The title of a body of stipulations of a treaty, acc. to which the parties undertake to pursue in the future a certain line of conduct; (b) A unilateral statement which may create rights and duties for other States; and (c) a description of an action taken when a State communicates with other States, or an explanation and justification of a line of conduct pursued by them in the past, or an explanation of views and intentions concerning certain matters. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Declaration against interest. Evid. 1. The declaration made by a person deceased, or outside of the Phils., or unable to testify, against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to the declarant's own interest, pecuniary or moral, that a reasonable man in his position would not have made the declaration unless he believed it to be true, which may be received in evidence against himself or his successors-in-interest and against 3rd persons. [Sec. 38, Rule 130, RoC]. 2. A declaration against the interest of the person making it which is admissible in evidence, notwithstanding its hearsay character, if the declaration is relevant and the declarant has died, become insane, or for some other reason is not available as a witness. The true test in reference to the reliability of the declaration is not whether it was made ante litem motam, as is the case with reference to some classes of hearsay evidence, but whether the declaration was uttered under circumstances justifying the conclusion that there was no probable motive to falsify. [Fitzsimmons v. Atlantic, Gulf & Pacific Co., GR L-2016. Aug. 23, 1949]. Compare with Selfserving declarations. Declaration against interest. Evid. Requisites for admissibility: (a) the declarant must not be available to testify; (b) the declaration must concern a fact cognizable by the declarant; and (c) the circumstances must render it improbable that a motive to falsify existed. [GR 111692. Feb. 9, 1996].

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Declaration of presumptive death. A summary proceeding which the spouse present must institute in court for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse, for the purpose of contracting a subsequent marriage under the 1st par. of Art. 41 of the Fam. Code. Declaration of presumptive death. Requisites: 1. That the absent spouse has been missing for 4 consecutive years, or 2 consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Art. 391, Civ. Code; 2. That the pre-sent spouse wishes to remarry; 3. That the present spouse has a wellfounded belief that the absentee is dead; and 4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee. [Rep. v. Nolasco, GR 94053. Mar. 17, 1993]. Declaration of trust. An act by which a person acknowledges that the property, title to which he holds, is held by him for the use of another [De Leon v. MoloPeckson, GR L-17809. Dec. 29, 1962]. Declaration of war. Intl. Law. A communication by one State to another informing the latter that the condition of peace bet. them has come to an end and condition of war has taken place. Declarations against interest. Evid. Those made by a person who is neither a party nor in privity with a party to the suit, are secondary evidence, and constitute an exception to the hearsay rule. They are admissible only when the declarant is unavailable as a witness. [Unchuan v. Lozada, GR 172671, Apr. 16, 2009]. Compare with Admissions against interest. Declaratory. 1. Stating the existing law on a particular subject; explanatory. 2. Stating the rights of the parties without specifying the action to be taken. Declaratory act. An act declaratory of what the law was before its passage, so as to give it any binding weight with the courts. A legislative definition of a word as used in a statute is not conclusive of its meaning as used elsewhere; otherwise, the legislature would be usurping a judicial function in defining a term. [Endencia v. David, GR L-6355-56. Aug. 31, 1953]. Declaratory doctrine. Intl. Law. Doctrine that holds that the legal existence of a state or govt. happens automatically by operation of law. Declaratory judgment. Rem. Law. A statutory remedy for judicial determination of a controversy where plaintiff is in doubt about his legal rights. Declaratory relief. Rem. Law. 1. An action [petition] which any person interested under a deed, will, contract or other written instrument, whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation may, before breach or violation thereof, bring [file] in the appropriate RTC to determine any question of construction or validity arising, and for a declaration of his rights or duties, thereunder. [Sec. 1, Rule 63, RoC]. 2. An action which any person interested under a deed, will, contract, or other written instrument, or whose rights are affected by a statute, executive order or regulation, or ordinance, may, be-

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fore breach or violation thereof, bring to determine any question of construction or validity arising under the instrument or statute and for a declaration of their rights or duties thereunder. [Mirando v. Wellington Ty & Bros., GR L-44062. Feb. 16, 1978]. 3. Preventive and anticipatory remedy whereby a person asks the court to declare his rights or duties under a contract or law. There is no breach of contract or violation of law but there is a genuine controversy thereunder. What makes this special civil action distinct is that the court only makes a declaration about the rights or duties of the parties, but no executory process follows. Declaratory relief. Rem. Law. Requisites: (a) The existence of a justiciable controversy; (b) the controversy is bet. persons whose interests are adverse; (c) that the party seeking the relief has a legal interest in the controversy; and (d) that the issue invoked is ripe for judicial determination. [Intl. Hardwood v. UP, 200 SCRA 554, 569 (1991); Galarosa v. Valencia, 227 SCRA 728, 737 (1993)]. Declaratory theory of recognition. Intl. Law. A theory acc. to which recognition of a state is merely an acknowledgment of the fact of its existence. In other words, the recognized state already exists and can exist even without such recognition. For example, when other countries recognized Bangladesh, Bangladesh already existed as a state even without such recognition. Declare. 1. To make known formally, officially, or explicitly. 2. To state emphatically : affirm. Declared absence. The judicial declaration of absence of a person after the lapse of 2 years without any news about the absentee or since the receipt of the last news, and 5 years in case the absentee has left a person in charge of the administration of his property. [Art. 384, CC]. Compare with Provisional absence. 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]. Decompensated state. The condition resulting from the failure of the heart to circulate the blood adequately. The failure may be due to heart disease, obstruction in the blood vessels, etc. The condition is marked by edema [swelling], shortness of breath [dyspnea], discoloration of the skin, etc. [Marte v. ECC, GR L-46362. Mar. 31, 1980]. Decompensation. The inability of the heart to maintain adequate circulation, marked by dyspnea, venous engorgement, and edema. Decree. 1. A formal declaration of a court or other competent authority and is usu. in written form. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. An order of the court. A final decree is one that fully and finally disposes of the litigation. Decree of Registration. 1. A decree issued and entered by the [Land Registration Authority], pursuant to an order of the court after the decision rendered by it in a registration case has become final. 2. [A decree which] merely confirms, but [which] does not confer, ownership [of land]. [Lopez v. Esquivel, Jr., GR 168734, Apr. 24, 2009; and Rep. v.

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CA, GR 108998, Aug. 24, 1994]. It is properly called a Judicial decree. Decretal. Of the nature of a decree. Decretal portion. [That portion] of a judgment which adjudicates the rights of the parties. Deduce. To arrive at a fact or a conclusion by reasoning; to draw as a logical conclusion. Deductible. Able to be deducted, esp. from taxable income or tax to be paid. Deductible clause. A clause in an insurance policy providing that the insured will absorb the 1st part of the loss [e.g., 1st P500] with the insurer paying the excess. Deductible expenses. Expenditures for business items that have no future life [such as rent, utilities or wages] and are incurred in conducting normal business activities which a business owner may deduct from gross earned income for tax purposes. Deduction. 1. An amount that is or may be deducted from something, esp. from taxable income or tax to be paid. 2. The drawing of a conclusion by reasoning; the act of deducing. Deduction of earnings elsewhere rule. Labor. This rule under which the award of backwages to an employee could be reduced by subtracting the wages actually earned by him from employment during the period of his separation, or the wages which he could have earned had he been diligent enough to find a job. The employer would be allowed to adduce evidence on these matters. This rule was abandoned in Mercury drug case [Mercury Drug Co. v. CIR, GR L23357, 30 Apr. 1974] primarily because the deduction of evidence was found to only delay execution process. Deed. 1. A document which transfers ownership of real property. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. A written and signed document which sets out the things that have to be done or recognitions of the parties towards a certain object. Deed of absolute sale. A written agreement bet. a seller and a purchaser effecting outright purchase of a property without conditions. Deed of conditional sale. An arrangement where a buyer takes possession of an item, but its title and right of repossession remains with the seller until the buyer pays the full purchase price usu. in installments stretched over months or years. Deed of conveyance. A legal document signed and sealed and delivered to effect a transfer of property and to show the legal right to possess it. Deed of donation. A written instrument by virtue which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person gratuitously or without any consideration. Deed of Release, Waiver and/or Quitclaim. Requirements for validity: (1) that there was no fraud or deceit on the part of any of the parties; (2) that the consideration for the quitclaim is credible and reasonable; and (3) that the contract is not contrary to law, public order, public policy, morals or good customs, or prej-

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udicial to a 3rd person with a right recognized by law. [Danzas Intercontinental, Inc. v. Daguman, GR 154368, Apr. 15, 2005]. Deed of sale. An instrument in writing which transfers the ownership of the property or properties in exchange for a price paid or consideration. Deed of warranty. Also Warranty deed. A deed which guarantees that the title conveyed is good and its transfer rightful. Deem. To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status. For example, in matters of child support, a decision of a foreign court could be deemed to be a decision of the court of another for the purpose of enforcement. Deemed. Considered or regarded as. Deemed paid tax credit. A tax credit granted to a foreign mother corporation for the amount of dividend tax actually paid (i.e., withheld) from the dividend remittances by the local corporation to its mother corporation. Deep sea. The deeper parts of the ocean, esp. those beyond the edge of the continental shelf. Deep seabed. The seabed and ocean floor and its subsoil beyond the limits of national jurisdiction [also called the Area]. Deep-sea fishing. Commercial fishing in sea and inland waters using any tonnage of fishing vessels of our 3 tones gross capacity, licensed by the Bu. of Fisheries. [Sec. 2, RA 4095]. Deface. To destroy, to efface or erase. Defacing or tampering with a serial number. The erasing, scratching, altering or changing of the original factoryinscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bu. of Customs for motor vehicles imported into the Phils., that motor vehicle shall be considered to have a defaced or tampered with serial number. [Sec. 2, RA 6539]. Defalcation. 1. Defaulting on a debt or other obligation such to account for public or trust funds. Usu. used in the context of public officials. 2. Defalcation has another legal meaning referring to the setting-off of 2 debts owed bet. 2 people by the agreement to a new amount representing the balance. Defamation. 1. An attack on the good reputation of a person, by slander or libel. 2. That which tends to injure a person's reputation. See Libel and Slander. Defamatory. Harmful and often untrue; tending to discredit or malign. Defamatory allegation. Crim. Law. An allegation [that] ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance which tends to dishonor or discredit or put him in contempt, or

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which tends to blacken the memory of one who is dead. [Vasquez v. CA, GR 118971, 15 Sept. 1999]. See Libel. Defame. To damage the good reputation of someone; to slander or libel. Default. 1. Civ. Law. The nonperformance of a duty, whether arising under a contract or otherwise. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. Rem. Law. Failure of the defendant to appear and answer the summons and complaint. Default. Civ. Law. Requisites: (a) that the obligation be demandable and already liquidated; (b) that the debtor delays performance; and (c) that the creditor requires the performance judicially and extrajudicially. [SSS v. Moonwalk Devt. & Housing Corp., GR 73345. Apr. 7, 1993]. Default. Rem. Law. Remedies available to a defaulted party. Under the Rules of Court, there are several remedies available to a defaulted party, namely: (a) A party declared in default may, at anytime after notice thereof and before judgment, file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence, and that he has a meritorious defense [Sec. 3 (b), Rule 9]; (b) If the judgment has already been rendered when the defendant discovered the default, but before the same has become final and executory, he may file a motion for new trial under Sec. 1 (a) of Rule 37; (c) If the defendant discovered the default after the judgment has become final and executory, he may file a petition for relief under Sec. 2, Rule 38; and (d) He may also appeal provided the decision is not yet final, from the judgment rendered against him as contrary to the evidence or to the law, even if no motion to set aside the order of default had been presented by him. [Tiburcio v. Castro GR L-58997, May 28, 1988, as modified by the 1997 Rules of Civil Proc.]. Default declaration. If the defending party fails to answer with-in the time allowed therefor, the court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. Thereupon, the court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence. [Sec. 3, Rule 9, RoC]. Default judgment. A judgment entered against a party who fails to appear in court or respond to the charges. Also Default order or Order of default. Default or Delinquency charge. With respect to a consumer credit transaction, the penalty charge payable by the consumer-debtor for failure to pay an amount or installment in full on the date the same becomes due and demandable, or on or before the period specified for the purpose in the consumer credit sale documents. [Art. 4, RA 7394]. Default order. An order or judgment issued by a court in favor of the plaintiff in a case in which the defendant fails to defend his case. It can occur if the defendant fails to acknowledge the notice, fails to appear, or fails to defend the case. Also Order of default or Default judgment.

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Default order, Effect of. 1. A party in default shall be entitled to notice of subsequent proceedings, but not to take part in the trial. [Sec. 3(a), Rule 9, RoC]. 2. A defendant who has been declared in default loses his standing in court as party litigant. Before the order of default is vacated, said defendant has no right to expect that his pleadings would be acted upon by the court. [Tan v. Dimayuga, GR L-15241. July 31, 1962]. Default, Finding of. Requisites: (a) That the obligation is demandable and liquidated; (b) the debtor delays performance; and (c) the creditor judicially or extrajudicially requires the debtors performance. [See Selegna Mngt. and Devt. Corp. v. UCPB, GR 165662, May 3, 2006]. Defeasance. A side-contract which contains a condition which, if realized, could defeat the main contract. The common English usage of the word Defeasance has also become acceptable in law, referring to a contract that is susceptible to being declared void as in immoral contracts are susceptible to defeasance." Defective bid. A bid which complies with the advertised descriptions and specifications but not with the terms and conditions in the invitation to bid. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Defendant. 1. The person, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff. 2. The person defending or denying a suit. 3. The term may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the 3rd (4th, etc.) party defendant. [Sec. 1, Rule 3, RoC]. Defense. That which is offered and alleged by the party proceeded against in an action or suit, as a reason in law or fact why the plaintiff should not recover or establish what he seeks. That which is put forward to diminish plaintiffs cause of actio or defeat recovery. Evidence offered by accused to defeat criminal charge. Defense of property. Affirmative defense in criminal law or tort law where force was used to protect one's property. Defense of relatives. Crim. Law. Elements: (a) Unlawful aggression; (b) reasonable necessity of the means employed to prevent or repel it; and (c) the person defending the relative had no part in provoking the assailant, should due provocation have been given by the person attacked. [People v. Agapinay, GR 77776. June 27, 1990]. Defense of stranger. Crim. Law. Elements: (a) unlawful aggression; (b) reasonable necessity of the means employed to prevent or repel it; and (c) the person defending be not induced by revenge, resentment, or other evil motive. [Masipequia v. CA, GR L-51206. Aug. 25, 1989]. Defensive. Used or intended to defend or protect. Defensive driving. Driving to save lives, time, and money, in spite of the conditions around and the actions of others. Defensive wound. Hand wound produced by defensive grappling to avoid more

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serious wounds, such as one who would normally use his hands in parrying off the thrust or stabbing blow of an assailant. Defensor vinculi. Lat. Defender of the Bond. He is the member of an ecclesiastical matrimonial court whose duty is to uphold the validity of a disputed marriage until sufficient evidence is given to prove its nullity. If he is not satisfied with the court's ruling, he must appeal to a higher tribunal. [Rep. v. CA, GR 108763, 13 Feb. 1997]. Deference and non-disturbance doctrine. The doctrine that the Sup. Court on appeal would not disturb the findings of the trial court on the credibility of witnesses in view of the latter's advantage of observing at first hand their demeanor in giving their testimony. [Tehankee, concurring op., Llamoso v Sandiganbayan, GR L-63408 & 64026 Aug. 7, 1985]. Deferred. Postponed or delayed. Deferred payment: A loan arrangement in which the borrower is allowed to start making payments at some specified time in the future. Deferred shares. Corp. Law. Those which are entitled to dividends after payment of holders of common shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Deficiency. (a) The amount by which the tax imposed by Chap. II of RA 84824 exceeds the amount shown as the tax by the donor upon his return; but the amount so shown on the return shall first be increased by the amount previously assessed (or collected without assessment) as a deficiency, and decreased by the amounts previously abated, refunded or otherwise repaid in respect of such tax, or (b) if no amount is shown as the tax by the donor, then the amount by which the tax exceeds the amounts previously assessed (or collected without assessment) as a deficiency, but such amount previously assessed, or collected without assessment, shall first be decreased by the amount previously abated, refunded or otherwise repaid in respect of such tax. [Sec. 104, NIRC, as amended]. Deficiency judgment. A judgment for the balance of the indebtedness after applying the proceeds of the sale of the mortgaged property to such indebtedness and is necessarily filed after the foreclosure proceedings. [Caltex Phils. v. IAC, GR 74730. Aug. 25, 1989]. Deficient. Incomplete; defective; not sufficient in quantity or force. Definitive. Precisely defined or explicit. Definitive judgment. 1. A judgment no longer subject to change, revision, amendment, or reversal [Miranda v. CA, 71 SCRA 295 (1976)], and the court loses jurisdiction over it, except to order its execution. [PY Eng Chong v. Herrera, 70 SCRA 130 (1976)]. 2. A decision [which] must purport to decide finally the rights of the parties upon the issue submitted, by specifically denying or granting the remedy sought by the action. [Cu Unjieng E. Hijos v. The Mabalacat Sugar Co., 70 Phil. 39 (1940)]. Deflation. The reduction in volume and circulation of the available money or credit, resulting in a de-cline of the general price level. It is the opposite of infla-

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tion. [Diaz, Bus. Law Rev., 1991 Ed., p. 41]. Deflation of currency. A situation in which less money becomes available without a drop in production, causing prices to fall, production to slow down, and people to lose their jobs. See Extraordinary inflation. Defloration. Legal Med. The laceration or rupture of the hymen as a result of sexual intercourse. [Olarte, Legal Med., 1st Ed. (2004), p. 124]. Also Deflowering. Deflowering. Depriving a woman of her virginity. Deforce. To withhold something by force from the rightful owner. Deforciant. 1. A party who fails and refuses to turn over what in law belongs to another. 2. A tenant withholding the property unlawfully "after the expiration or termination of the right to hold possession by virtue of any contract, express or implied. [Co Tiamco v. Diaz, GR L-7, Jan. 22, 1946]. Deforest. To clear an area of forests or trees. Deforestation. The destruction of forest trees in such a manner as to leave practically little or no chance at all of normal recovery for a forest. Some of the factors responsible for the destruction of forest products include: illegal loggers, illegal forestry product gatherers, timber smugglers, kaingeros, squatters, forest incendiaries, miners, atmospheric agents, biological agents. Deforested area. The area which has been denuded but has not been reforested as of the end of the reference year. Deformity or Disfigurement. Visible ugliness, permanent and visible physical abnormality. [People v. Balubar, GR 40940. Oct. 9, 1934]. Defunct. A corporation no longer operative; having ceased to exist. Degree. 1. A step in a direct hereditary line of descent or ascent. 2. An academic title given by a college or university to a student who has completed a course of study. Degree programs. College and university courses leading to at least a Bachelor's degree. [Sec. 1, PD 932] Compare with Non-degree programs. Dehors. Fr. Outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate. Del tiempo de su condena. Sp. From the period of his sentence. [Baking v. Dir. of Prisons, GR L-30364. July 28, 1969]. Delay. Also Mora. N. The failure to perform an obligation on the date specified after a judicial or extra-judicial demand which failure amounts to a violation of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Delay. V. To prolong the time of or before; to stop, detain or hinder for a time, or cause someone or something to be behind in schedule or usual rate of movement in progress. [Lufthansa German Airlines v. CA, GR 83612. Nov. 24, 1994].

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Delay. Kinds: (a) Mora solvendi or the delay on the part of the debtor to fulfill his obligation (to give or to do); mora accipiendi or the delay on the part of the creditor to accept the performance of the obligation; and (c) compensatio morae or delay committed by both parties in reciprocal obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Delay in the delivery of detained persons to the proper judicial authorities. Crim. Law. The felony committed by a public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; 12 hours, for crimes or offenses punishable by light penalties, or their equivalent; 18 hours, for crimes or offenses punishable by correctional penalties, or their equivalent and 36 hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. [Art. 125, RPC]. Delaying release. Crim. Law. The felony committed by any public officer or employee who delays for the period of time specified in Art. 124 of the Rev. Penal Code the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person. [Art. 126, RPC]. Delectus personae. Lat. Choice of the person. Delectus personae doctrine. The doctrine that allows the partners to have the power, although not necessarily the right, to dissolve the partnership. [Ortega v. CA, GR 109248. July 3, 1995]. Delectus personarum principle. Under this principle, it is required that for a partner to associate another with him in his share in the partnership, the consent of all the partners is necessary. This is because of the mutual trust among the partners and that this is the case of subjective novation when there is a change in the parties to a contract. Their consent thereto is necessary in order to bind them. [Albano, Civil Law Reviewer, Rev. Ed., p. 412]. Delegacion. 1. A form of novation whereby the debtor offers and the creditor accepts a 3rd person who consents to the substitution and assumes the obligation, so that the intervention and the consent of these 3 persons are necessary. [De Cortes v. Venturanza, GR L-26058. Oct. 28, 1977]. 2. A kind of novation by which the original debtor, in order to be liberated from his creditor, gives him a 3rd person who becomes obliged in his stead to the creditor. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Compare with Expromision. Delegate. 1. N. A person sent or authorized to represent others. 2. V. To entrust a task or responsibility to another person. Delegated jurisdiction. Jurisdiction given to a person, as distinguished from ordinary jurisdiction which is attached by law to an office. [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Regist. Comm., GR L-8451. Dec. 20, 1957]. Compare with Ordinary jurisdiction. Delegation. Civ. Law. The grant of authority by one party [the delegator] to another [the delgatee] for agreed purposes. Under the legal concept of vi-

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carious liability, the delegator remains responsible for the delegatees acts or omissions in carrying out the purpose of the delegation. Delegation. Intl. Law. A group of persons appointed to an international conference, commission, or organization. Delegation of legislative power. The statutory grant of rule-making power to administrative agencies [which is] a valid exception to the rule on nondelegation of legislative power provided 2 conditions concur, namely: a) the statute is complete in itself, setting forth the policy to be executed by the agency, and b) said statute fixes a standard to which the latter must conform. [Cebu Inst. Of Tech. V. Ople, GR L-58870. Dec. 18, 1987]. Delegatus non potest delegare. Also Delegati potestas non potest delegare. Lat. A delegated power may not be further delegated. 1. One of the pivotal principles of administrative law: that a delegate cannot delegate. In other words, a person to whom an authority or decision-making power has been delegated to from a higher source, cannot, in turn, delegate again to another, unless the original delegation explicitly authorized it. 2. The person to whom an office or duty is delegated cannot lawfully devolve the duty on another. [City Lumber v. Domingo, GR L-18611. Jan. 30, 1964]. Delict. From Lat. delictum: a fault. Any private wrong or injury, or a minor public wrong or injury. Delimitation. Boundary line: a line that indicates a boundary. Delimitation survey. The establishment of land classification boundaries, and the monumenting thereof, through ground survey. [Sec. 4, DENR AO 200824]. Delineate. To indicate the exact position of a border or boundary. Delineation. The conduct of site investigation, field reconnaissance and assessment, and staking of boundaries bet. forestlands, national parks and agricultural lands, verified in the field in accordance with the criteria set forth under DENR AO 2008-24. [Sec. 4, DENR AO 2008-24]. Delinquency. 1. Failure or omission of duty, a fault, a misdeed, an offense, a misdemeanor, a crime. [Padilla v. City of Pasay, GR L-24039. June 29, 1968]. 2. The commission of an illegal act by a juvenile. Delinquency charge. The penalty assessed for delinquent payments on a mortgage or installment loan after the grace period has elapsed. See Default charge. Delinquent. 1. Failing to do what law or duty requires. 2. Overdue in payment. 3. Youth offender. Delito. Sp. Crime. Delito complejo. Sp. Complex crime. A crime arising from an offense being a necessary means for committing another, which is referred to in the 2nd clause of Art. 48, Rev. Penal Code. [PonceEnrile v. Salazar, GR 92163. June 5, 1990]. Sp. See Complex crime proper. Delito compuesto. Sp. Compound crime. The complex crime defined under the

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1st clause of Art. 48. of the Rev. Penal Code. It arises from a single physical act resulting in simultaneous (or almost simultaneous) injury to 2 or more victims. [People v. Mision, GR 63480. Feb. 26, 1991]. See Compound crime. Delito continuado. Sp. Continued crime. Requisites: There should be a (a) plurality of acts performed during a period of time; (b) unity of penal provision violated; and (c) unity of criminal intent or purpose, which means that 2 or more violations of the same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same criminal purpose or aim. [Defensor-Santiago v. Garchitorena, GR 109266. Dec. 2, 1993]. Delito continuado. Sp. Continued or continuous crime. In appearance, a delito continuado consists of several crimes but in reality there is only one crime in the mind of the perpetrator. [DefensorSantiago v. Garchitorena, GR 109266. Dec. 2, 1993]. Delito de habito. Sp. Habitual delinquency. [People v. Blanco, GR L-2700. Jan. 13, 1950]. Deliver. To bring and hand over a letter, parcel, or ordered goods to the proper recipient or address. Deliver (a dangerous drug). 1. Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. [Sec 3, RA 9165]. 2. A person's act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration. [Sec. 2, RA 6425]. Delivered price. A price for which a seller agrees to deliver merchandise to a purchaser at a designated place. See Cash price. Delivery. Also Tradition. 1. Voluntary transfer of possession from one person to another. [Sec. 58, Act 2137]. 2. Transfer of possession, actual or constructive, from one person to another. [Sec. 191, NIL]. 3. The act by which the res or subject is placed in the actual or constructive possession or control of another. [Onapal Phils. v. CA, GR 90707. Feb. 1, 1993]. Delivery now, pay later. An arrangement bet. buyer and seller which is in essence sales on account. Delivery of personal property. See Replevin. Delivery of prisoners from jails. Crim. Law. The felony committed by any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. [Art. 156, RPC]. Delusion. A false belief strongly held in spite of invalidating evidence, esp. as a symptom of mental illness. Delusion test. Legal Med. The test under which an insane person believes in a state of things, the existence of which no rational person would believe. [People v. Dungo, GR 89420. July 31, 1991]. Compare with Irresistible impulse test and Right and wrong test. Delusions. Legal Med. 1. False ideas that cannot be corrected by reasoning, and that are idiosyncratic for the patient that is, not part of his cultural environ-

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ment. They are among the common symptoms of schizophrenia. [People v. Rafanan, GR 54135. Nov. 21, 1991]. 2. A false or erroneous belief in something which is not a fact. [Olarte, Legal Med., 1st Ed. (2004), p. 148]. Demand. 1. The assertion of a legal right; a legal obligation asserted in court. An imperative request preferred by one person to another, under a claim of right, requiring the latter to do or yield something or to abstain from some act. 2. To request payment of a debt or amount due. 3. In the rescission of a sale of immovable property, (the term) refers to an authentic notice that the vendor takes the option of resolving the contract, or if it pleases him, to harmonize their spirit with the letter of the Civ. Code, to a demand that the vendor makes upon the vendee for the latter to agree to the resolution of the obligation and to create no obstacle to this contractual mode of extinguishing obligations. Demand. Instances when not necessary to render the obligor in default: (1) When the obligation or the law expressly so declares; (2) when from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or (3) when the demand would be useless, as when the obligor has rendered it beyond his power to perform. SSS v. Moonwalk Devt. & Housing Corp., GR 73345, Apr. 7, 1993]. Demand deposits. All those liabilities of the Bangko Sentral and of other banks which are denominated in Phil. currency and are subject to payment in legal tender upon demand by the presentation of checks. [Sec. 58, RA 7653]. Demand draft. A bill of exchange payable on demand. [Rep. v. PNB, GR L-16106. Dec. 30, 1961]. Demand letter. A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in default. Demand letters are not always prerequisites for a legal suit but there are exceptions such as legal action on promissory notes or if the contract requires it. Basically, a demand letter sets out why the payment or action is claimed, how it should be carried out (e.g., payment in full), directions for the reply and a deadline for the reply. Demand letters are often used in business contexts because they are a courtesy attempt to maintain some goodwill bet. business parties and they often prompt payment, avoiding expensive litigation. A demand letter often contains the threat that if it is not adhered to, the next communication bet. the parties will be through a court of law in the form of formal legal action. Demarcated areas. Fisheries Law. Boundaries defined by markers and assigned exclusively to specific individuals or organizations for certain specified and limited uses such as aquaculture, sea ranching and sea farming; fish aggregating devices; fixed and passive fishing gears; and fry and fingerlings gathering. [Sec. 4, RA 8550]. Demarcation. 1. The action of fixing the boundary or limits of something. 2. A dividing line. Demarche. Intl. Law . A word coined by the diplomatic community and referring

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to a strongly worded warning by one country to another and often, either explicitly or implicitly, with the threat of military consequence. Demarches are often precursors to hostilities or war. In Sep. 1996, for example, US Pres. Clinton issued a demarche to Iraqi Pres. Saddam Hussein when intelligence reports showed troops massing along the border of Kurd communities. Demeanor. 1. Conduct; behavior; deportment. 2. Facial appearance; mien. 3. As respects a witness or other person, relates to physical appearance; outward bearing or behavior. Demeanor, conduct and attitude of witnesses. The different indicators of truthfulness or falsehood [through which the trial court has the singular opportunity to observe the witnesses] such as the angry flush of an insisted assertion or the sudden pallor of a discovered lie or the tremulous mutter of a reluctant answer or the forthright tone of a ready reply; or the furtive glance, the blush of conscious shame, the hesitation, the sincere or the flippant or sneering tone, the heat, the calmness, the yawn, the sign, the candor or lack of it, the scant or full realization of the solemnity of an oath, the carriage and mien. [People v. Yambot, GR 120350, Oct. 13, 2000]. Dementia. Legal Med. A form of insanity resulting from degeneration or disorder of the brain characterized by general mental weakness, forgetfulness, loss of coherence and total inability to reason but not accompanied by delusion or uncontrollable impulse. [Olarte, Legal Med., 1st Ed. (2004), p. 147]. Dementia senilis. Legal Med. Deteriorated mental functioning in elderly people. Demilitarize. To remove any military presence or function in an area. Demilitarized firearm. A firearm deliberately made incapable of performing its main purpose of firing a projectile. [Sec. 3, RA 10591]. Demilitarized zone (DMZ). An area in which treaties or agreements bet. nations, military powers or contending groups forbid military installations, activities or personnel. Demise. A conveyance of an estate to another for life, for years, or at will. A lease or conveyance for a term of years. Demise charter. Also Bareboat. Mar. Law. 1. A charter involving the transfer of full possession and control of the vessel for the period covered by the contract, the charterer obtaining the right to use the vessel and carry whatever cargo it chooses, while manning and supplying the ship as well. [Maritime Agencies & Services, Inc. v. CA, GR 77638. July 12, 1990]. 2. In modern maritime law and usage, a charter party where the shipowner turns over possession of his vessel to the charterer, who then undertakes to provide a crew and victuals and supplies and fuel for her during the term of the charter. The shipowner is not normally required by the terms of a demise charter to provide a crew, and so the charterer gets the "bare boat", i.e., without a crew. [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989]. Demise of real property. Lease of an unfurnished house. [Litonjua Shipping Inc. v. NSB, GR 51910. Aug. 10, 1989].

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Democracy. That form of govt. in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from monarchy, aristocracy, or oligarchy. Democratic form of government. Pol. Law. A form of govt. which requires that political rights be enjoyed by the citizens regardless of social or economic distinctions. [Maquera v. Borra, GR L-24761. Sep. 7, 1965, Bengzon, Concurring Op.]. Demolish. To raze, level, ruin, wreck, destroy, wipe out. Demolition. The act or process of wrecking or destroying. Demote. To give someone a lower rank or less senior position, usu. as a punishment. Demotion. The movement from one position to another involving the issuance of an appointment with diminution in duties, responsibilities, status or rank which may or may not involve reduction in salary. [Sec. 11, Rule VII of the Omnibus Rules Implementing Book V of EO 292]. Demur. To object. Demurrage. 1. In its strict sense, it is the compensation provided for in the contract of affreightment for the detention of the vessel beyond the time agreed on for loading and unloading. Essentially, demurrage is the claim for damages for failure to accept delivery. In a broad sense, every improper detention of a vessel may be considered a demurrage. [Magellan Mfg. v. CA, GR 99529, Aug. 22, 1991]. 2. A charge made by a ship owner when a charterer keeps a ship idle for more than the agreed-upon lay days. Demurrer. Rem. Law. 1. An allegation that, admitting the facts of the preceding pleading to be true, as stated by the party making it, he has yet shown no cause why the party demurring should be compelled by the court to proceed further. [Liquete v. Dario, GR 1341. Nov. 8, 1905]. 2. A motion put to a trial judge after the plaintiff has completed his case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defense, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence. 3. A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer. Demurrer to evidence. Rem. Law. A motion to dismiss filed by the accused on the ground of insufficiency of evidence after the prosecution has rested its case, thus waiving his right to present evidence and submitting the case for judgment on the basis of the evidence for the prosecution. [Godoy v. CA, GR L-80814. Aug. 30, 1988]. Den, dive or resort. A place where any dangerous drug and/or con-trolled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form. [Sec 3, RA 9165]. Denial. Evid. 1. An assertion that an allegation is false; a defense asserting that an opposing party's allegations are false. 2. If unsupported by clear and convincing evidence, [a] negative and

Alvin T. Claridades Legal & Jurisprudential Lexicon

293
self-serving evidence, which deserves